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Administrative Provisions On Emission Trading In Chengdu

Original Language Title: 成都市排污权交易管理规定

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Metropolitan management provisions

(The 111th ordinary meeting of the Metropolitan Government of 25 May 2012 considered the adoption of Decree No. 175 of 13 June 2012 by the Metropolitan People's Government of 13 June 2012 for the publication of implementation effective 1 August 2012.

Chapter I General

Article 1

In order to regulate decentralization transactions, optimize the allocation of environmental resources, strengthen emission reductions for major pollutant substances and promote improvements in regional environmental quality, and develop this provision in line with laws, regulations, such as the People's Republic of China Act on Environmental Protection.

Article 2

(b) The application of this provision shall be gradually incorporated into the scope of the application of this provision by heavy pollutant trade in emissions industrial enterprises within the city's administration.

The laws, regulations and regulations also provide for their provisions.

Article 3 (Basic Principles)

Exemptive transactions should be guided by the principles of total control, sub-implementation, focus on advancing, intra-ground transactions, voluntary legal and equitable efficiency.

Article IV

The meaning of the following terms in this provision:

(i) “Remainly contaminated high-emission industrial enterprises” (hereinafter referred to as soil units), which refer to major pollutant emissions such as fire, steel, cement, electroplification, coal, metallurgy, construction, mining, chemical pharmaceuticals, light workers (breeding, paper, fertilization, fertilization), sealed, denunciation, etc.).

(ii) “The right to release major pollutants directly or indirectly to the environment, in accordance with the requirements of national or local emission standards and the aggregate emission control indicators for pollutant emissions, in accordance with the requirements of the national or local emission criteria and the aggregate emission control targets approved by the efamation licence.

(iii) “Exclusive transaction” means an act of distributing or transferring emission targets within environmental trading agencies, subject to the identification of emission control targets in the regional environment or in the aggregate emission control indicators.

(iv) “Emissions indicators”, which refer to aggregate emission targets for major pollutant emissions such as oxide (SO2), nitrogen (NOX), chemical oxygen (COD), nitrogen (NH3-N)).

Article 5

The municipal environmental protection administrative authorities are responsible for the establishment of a dynamic management information system for the humiliation indicators in the city, overseeing the management of the reserves, requisitions, re-entry and recovery of the current city's humidation and the coordination of related matters.

Sectors such as urban development reform, economic and informationization, finance, audit, institutional development and financial development are governed by the law by their respective responsibilities.

The Governments of the districts (communes) are responsible for monitoring the management of units involved in decentralization transactions within the Territory, including the High-Level Committee on Management, the following states (the municipalities) and the people's governments.

Article 6

The Government of the urban population authorizes the establishment and management of the Urban Environmental Protection Administration Centre (hereinafter referred to as the Urban Reserve Management Centre). The Urban Reserve Management Centre is responsible for the technical accounting of emission targets in the city, the technical support of the main pollutant pollutant effluent therapy licence, and is entrusted by the Government of the city to undertake related work such as the municipal efamation indicator reserve, requisitioning, recovery and recovery.

Article 7.

The Government of the city authorizes the city's financial sector to select environmental trading institutions as a platform for a unified humiliation transaction in the city, where the Government of the communes (communes) does not have any further establishment of an extraterritorial trading platform. Environmental trading agencies are responsible for developing internal transaction rules that provide services such as facilities, facilities, information and financial settlements for decentralization transactions, in accordance with the relevant operating arrangements.

Chapter II

Article 8

Emissions indicators are derived from the following:

(i) Exclusive units with reimbursable access to humiliation indicators, resulting from diversion, closure or adoption of adaptation to industrial structures, improvement of production processes, implementation of deep-rooted governance, etc., and clearance by environmental authorities;

(ii) Non-reimbursable access to the humiliation indicators, resulting from diversion, closure or sewerage through the adaptation of industrial structures, improvement of production processes, implementation of deep-rooted governance and recovery by environmental protection administrative authorities;

(iii) The humiliation target of the municipality and the zone (communes) government, based on the state of environmental quality of the country's total control plans and project sites, which is reserved for the market;

(iv) Emissions from emission reduction projects for investment in enterprises or savings for emission reduction projects in government investment;

(v) The Urban Reserve Management Centre, in accordance with article 11 or Article 12 of the present article, imposes the acquisition or unpaid recovery of emission-recovery indicators;

(vi) Other identifiers under laws, regulations and regulations.

Article 9 (Option of indicators)

Emissions of new, expanded and modified projects should be obtained through intra-active transactions by environmental trading agencies prior to the environmental impact evaluation, and confirmed by the environmental protection authorities of the district (market) in the form of an exclusive licence, the effective use of five years is required for re-purchasing. The effective period of the decentralization indicators is expected to be calculated from the date of the completion of the project-specific documents; the project was completed in advance and is calculated from the date of advance.

Emissions obtained by the effluence Unit should be progressively realized and confirmed by the environmental protection administrative authorities in the district (market) districts by means of release permit, with an effective use period of five years and the need for re-purchasing.

Article 10

The restructured, restructured, separated, merged and combined practices do not involve changes in decentralization indicators, which have continued to be effective, and include changes in decentralization indicators, which should be re-approved by environmental protection administrative authorities.

Article 11

Following the purchase of the humiliation indicators, the municipal reserve management centre should, in accordance with its purchase of the year's humiliation indicators, make prices mandatory for the purchase of its remaining humiliation indicators and return to its performance, the environmental protection administrative authorities should modify or write their release permits in accordance with the law:

(i) In addition to the fact that, for reasons such as force majeure or national policy, industrial restructuring, the slander is temporarily unable to use or cannot be used on a time-by-term basis, the effluence Unit has caused a two-year sequestration target for its own cause or less than 810 per cent for two consecutive years;

(ii) Removal of this administrative area;

(iii) Other cases provided for in laws, regulations and regulations.

Article 12 (Asset of indicators)

In one of the following cases, the Urban Reserve Management Centre should recover its remaining or deceived humiliation targets, and the environmental protection administrative authorities should write their release permits in accordance with the law:

(i) Removal of the present administrative area after the non-reimbursable access to the humiliation indicators;

(ii) Have been closed or banned by law;

(iii) Resistance and deception of emission targets;

(iv) Other circumstances under the laws, regulations and regulations.

Chapter III

Article 13

In secessional transactions, the Government of the city is the subject of the market's humiliation indicator reserves, concessions, re-entry and recovery, entrusts the Urban Reserve Management Centre with the reserves, concessions, buy-backs and recovery of the effluents for the transfer of emission targets by environmental trading agencies, which are authorized by the municipal environmental protection administration authorities, are the transferee, and the identifiable units that have been authorized by the municipal environmental protection authorities to the environmental transaction agency.

Article 14.

Exclusive transactions should be carried out through open competitive tenders such as competitions, e-competitive prices. An open competition would only be collected to an eligible humiliation transaction by the owner of interest, which could be transactioned by both the environmental trading agencies in accordance with the wallboard.

Article 15 (Time price)

The right-to-efamation indicators give the price to government guidance and the transfer price is subject to market adjustments. The criteria developed or adjusted by the municipal government price authorities are implemented in accordance with the criteria developed or adjusted by the Government price authorities.

Article 16 (Times)

Exclusive transactions are conducted in accordance with the following procedures:

(i) Exclusive traders or reclaiming environmental trading agencies, transferees or enabling environmental trading agencies to make trading requests and provide relevant information;

(ii) In accordance with a transaction commission or a transfer request, the environmental transaction body openly publishes information on transactions and opens the solicitation of interested parties in accordance with Article 14.

(iii) The environmental transaction body determines the licensee in accordance with the scenario of the organization operating under the pyrethroid trading operation;

(iv) The parties to the transaction enter into a contract for the award of the MOU indicator or the contract for the transfer of genocidal indicators, and settle transaction bonds, transaction prices and transaction services as prescribed;

(v) Environmental transaction agencies have issued a “Guide of Recidental Transactions”;

(vi) The parties to the transaction consult with the Environmental Protection Administration authorities in the districts (communes) to process the demarcation of the humiliation indicators.

Article 17

The Ecological Disadvantages and the Measuring of HACTs should include but not be limited to the following:

(i) The name, address and legal representative of the parties to the transaction;

(ii) Types, quantity and prices of transactional humiliation indicators;

(iii) Modalities, time and price payments;

(iv) Modalities, time and place of transmission;

(v) Implementation criteria and means of payment for transaction services;

(vi) Removal responsibility and dispute resolution.

Article 18

In one of the following cases, there shall be no humiliation transaction before completion:

(i) Be classified as poor credits for environmental protection;

(ii) A directory of the environmental protection;

(iii) During the period of time-bound governance of contaminated sources;

(iv) Be restricted by region;

(v) Other circumstances under the laws, regulations and regulations.

In regions where the quality of the water environment is required for oxygen, nitrogen indicators are not met or the atmospheric quality of the oxidium, nitrogen oxide indicators are not met, the nutrient units can only deal with the effluence indicators in the region and cannot cross regional transactions.

Article 19

After the completion of the decentralization transaction, environmental trading agencies should communicate to society on a timely basis competition transaction, the situation of the licensor transaction and the availability and transfer of the humiliation indicators, without less than 15 days.

Article 20 (related obligations)

The emissions of indicators such as oxides, nitrogen oxides, chemical oxygens, nitrogens and nitrogens should be consistent with national or local emission standards, the overall control of pollutant emissions, and regional environmental quality requirements.

The exclusion of other statutory obligations that it should assume is not exempted from the release of the humiliation unit obtained the humiliation targets through the effluent trade.

Chapter IV Oversight management

Article 21

The right to humiliation indicators leave the income of the Government's non-levant income and use of the provincial fiscal sector's cheques to be incorporated into the financial budget and to implement the “payment of income and expenditure line” management. The right to humiliation indicators provide income-specific for re-entry, decentralization trading systems and regional environmental pollution governance and audit oversight.

The transfer of income from decentralization indicators is owned by the transferee and is managed in accordance with the provisions of the decentralization transaction transfer fund settlement scheme.

Article 2 (Establishment of monitoring instruments)

Disclosure units involved in decentralization transactions fall under national, Sichuan Province and MA-related provisions that should be installed in primary pollutant automated monitoring instruments, which must be installed in accordance with the relevant provisions and ensure that relevant data are authentic and effective.

Article 23.

Disclosure units that have been obtained under the law, should be included in the scope of the release declaration and the implementation of the annual approval. Until 10 January each year, the above-mentioned effluent units should submit a report on the total annual emissions of major pollutant emissions to the local (commune) district environmental protection administrative authorities, such as real accounting of the actual emissions of major pollutant substances in the previous year and a comparison of the number of emission targets owned by them.

Article 24

Prior to 31 January each year, the Urban Reserve Management Centre shall, in conjunction with the annual aggregate emissions of major pollutants submitted by the online monitoring data and slander units, approve technical approval of the annual major pollutant emissions and the implementation of the decentralization trading system and make the authorized observations available to the environmental protection administrative authorities in the districts (communes). The various effluent units should preserve information to be identified.

Article 25 (Social oversight)

The public has the right to be informed of the humiliating indicators and has the right to lodge complaints or report on the management of the humiliation indicators and violations in the decentralization transaction.

The media should strengthen the monitoring of opinion regarding the management of humiliation indicators and violations committed in decentralization transactions and to exposure to serious violations in a timely manner.

Chapter V Legal responsibility

Article 26

The discharge of the main pollutant emissions by the effluent units exceeds the emissions of the main pollutant subject matter, is governed by the authority of the executive authorities of the municipal or district (market) to protect the environment, which is dealt with in accordance with the law by law after the failure to complete governance.

Article 27

The transferor or the licensee are one of the following cases in the decentralization transaction, which is modified by an administrative authority for environmental protection in urban or district (market) areas; refusal to reproduce a fine of up to three thousand dollars; no involvement in the effluence transaction in this city for a three-year period; constituting an offence; and criminal liability by law:

(i) Resistance and deception of emission targets;

(ii) Exclusive transactions outside environmental trading institutions;

(iii) Damage to national interests, public interest or legitimate rights of others;

(iv) Other circumstances under the laws, regulations and regulations.

Article 28 (Conference of other offences)

In violation of other acts under this provision, laws, regulations and regulations have been dealt with and are governed by their provisions; the loss of property creates civil responsibility under the law; and the commission of criminal liability in accordance with the law.

Article 29

In violation of this provision, the executive branch and its staff have given administrative disposal in accordance with the law, in violation of this provision, abuse of authority, negligence, provocative fraud, and criminal responsibility by law.

Annex VI

Article 31 (Actual date of application)

This provision is implemented effective 1 August 2012.