CDM project management approach 2011 (revised)
(August 3, 2011, the national development and Reform Commission, Ministry of science and technology, the Ministry of Foreign Affairs, Ministry of Finance made the 11th release come into force on the date of promulgation) Chapter I General provisions
First to promote and regulate the orderly operation of clean development mechanism projects, implementation of the United Nations Framework Convention on climate change (hereinafter referred to as the Convention), of the Kyoto Protocol (hereinafter referred to as the Protocol), as well as relevant decisions of the Conference of the parties, in accordance with the People's Republic of China and other relevant provisions of the administrative licensing law, these measures are formulated.
Article is the clean development mechanism by developed country Parties in order to achieve its greenhouse gas emission reduction mechanism for cooperation with developing country Parties, through project cooperation, promote the realization of the ultimate objective of the Convention, and to assist developing country Parties in achieving sustainable development, assist the developed country Parties in achieving their quantified limitation and reduction commitments on greenhouse gas emissions.
Article in China CDM project should be carried out in line with Chinese laws and regulations, and in conformity with the Convention, the Protocol and relevant decisions of the Conference of the parties, in line with China's sustainable development strategies, policies, as well as the General requirements of national economic and social development.
Article CDM projects should facilitate the transfer of environmentally friendly technologies in China, focused on areas of cooperation in order to save energy and improve energy efficiency, development and utilization of new and renewable sources of energy, recovery and utilization of methane.
Article the implementation of clean development mechanism project activities shall ensure transparent, efficient, and clarify the responsibilities and obligations of the parties involved in the project.
Sixth article in clean development mechanism projects in the cooperation process, the Chinese Government and enterprises is not responsible of the Convention and of any obligations under the Protocol.
Article CDM projects partner abroad for the purchase of CDM project emission reductions of funding should be additional to existing official development assistance funds and their financial obligations under the Convention.
Chapter management system The eighth national program Review Board established the clean development mechanism (hereinafter referred to as project review board).
Program Review Board acted as the national development and Reform Commission and Ministry of science and technology, Deputy Head of unit for the Ministry of Foreign Affairs, Member for the Ministry of finance, the Ministry of environmental protection, the Ministry of agriculture and the China Meteorological Administration.
Nineth State development and Reform Commission is the authority of clean development mechanism projects in China, in China CDM cooperation projects must be approved by the national development and Reform Commission.
Tenth in China Chinese-funded holding company as the implementing agency for the project, can be legally clean development mechanism projects with foreign cooperation.
11th program review board perform the following duties:
(A) to audit declarations of clean development mechanism projects, audit observations;
(B) reports to the national leading group to address climate change clean development mechanism projects implementation and implementation problems and suggestions in the process, make recommendations for national rules on operation of clean development mechanism project.
12th national development and Reform Commission, the main shall perform the following duties:
(A) Organization of accepting applications for clean development mechanism projects;
(B) based on the audit opinion of the Audit Board of the project, in conjunction with the Ministry of science and technology and the Ministry of Foreign Affairs approved clean development mechanism projects;
(C) the letter of approval issued by the clean development mechanism project;
(D) supervise organization of clean development mechanism projects;
(E) other related matters.
13th project implementing agencies mainly perform the following duties:
(A) undertake CDM project emission reductions trading foreign negotiations and sign a purchase agreement;
(B) is responsible for the construction of clean development mechanism projects;
(C) in accordance with the Convention, the Protocol and relevant decisions by the Conference of the parties, as well as with requirements of foreign partners signed a purchase agreement, the implementation of clean development mechanism projects, fulfilment of the relevant obligations, and accept the national development and Reform Commission and the supervision of the local development and Reform Commission; (D) in accordance with accepted international rules on project eligibility and verification of emission reductions of the project, provide the necessary information and monitoring records.
Acceptance check and the provision of information in the process of protecting State secrets and commercial secrets;
(E) to report to the national development and Reform Commission transfer of greenhouse gas emission reductions of CDM projects;
(Vi) assist the national development and Reform Commission and the local development and Reform Commission investigation on related issues and questions;
(VII) reporting of the qualification was changed;
(H) in accordance with the provisions of article 36th, paid their emissions reductions transfer transactions;
(I) the law shall fulfil other obligations assumed.
Chapter III application and implementation procedures 14th Central enterprises listed in the annex to the national development and Reform Commission proposed cooperation projects in the clean development mechanism, the remaining items to the project implementing agencies provincial development and Reform Commission apply for clean development mechanism projects. Relevant departments and local governments can organize enterprises apply for clean development mechanism projects.
National development and Reform Commission in due course as needed to adjust the central list contained in the annex.
Article 15th project implementing agency to the national development and Reform Commission or local provincial development and Reform Commission proposed CDM project must submit the following documents with the application:
(A) the application form for clean development mechanism projects;
(B) the qualification certificate copy;
(C) approved the feasibility study report of the project (or approval documents or registration certificate) copies;
(D) environmental impact assessment reports (or form) copy of approval;
(E) the project design document;
(Vi) financing for project profiles and information notes;
(G) the national development and Reform Commission considered it necessary to provide additional material. 16th if projects reporting has not yet been determined when the foreign buyer, project implementation agencies in completing the project application form must indicate the CDM cooperation projects as a single project.
National approval of CERs resulting from projects will be transferred to the national accounts in China, by the national development and Reform Commission approved these CERs can be transferred from the national accounts.
17th the State development and Reform Commission after receiving the central enterprise applications listed in the annex, the application materials are incomplete or do not comply with the statutory format application, correction or inform the applicant of the need in the 5th in its entirety. 18th provincial development and Reform Commission in accepting the project among Central enterprises listed in the annex, the implementing agency for the project within 20 working days of application, all application materials for the project and the preliminary review opinions submitted to the State development and Reform Commission, and does not have any reason to apply a negative decision of the implementing agencies of the project.
Application materials are incomplete or do not comply with the statutory format application project provincial development and Reform Commission should make correction or inform the applicant of the need in the 5th all. 19th State development and Reform Commission in this way Central SOEs listed in the annex submitted applications for the project, or project, provincial development and Reform Commission reported that project applications, organize experts to review applications, reviewed more than 30th.
After expert review, the project, approved by the national development and Reform Commission to the program review board. Article 20th Project Board meeting review of projects submitted by the national development and Reform Commission, presented an audit opinion.
Program review board review includes:
(A) the eligibility of the project participants;
(B) 15th relevant reply submitted these measures;
(C) the methodology applied;
(Iv) greenhouse gas emission calculations;
(E) negotiable the price of greenhouse gas emissions;
(F) additionality of emission reduction purchase funds;
(VII) transfer of technology;
(H) the expected emissions reductions transfer deadline;
(I) the monitoring plan;
(J) the effect is expected to promote sustainable development. Article 21st of the national development and Reform Commission under program review board, in conjunction with the approval letter issued by the Ministry of science and technology and the Ministry of Foreign Affairs to make decisions.
On project audit Council audit agreed approved of project, from project accepted of day up 20 a days within (not containing experts review of time) handle approved procedures; on project audit Council audit agreed approved, but need modified perfect of project, in received project implementation institutions submitted of modified perfect material Hou with science and Technology Department and Ministry of Foreign Affairs handle approved procedures; on project audit Council audit not agreed approved of project, not handle approved procedures.
22nd after the project is approved by the national development and Reform Commission, submitted by operational entities of the clean development mechanism Executive Board for registration. 23rd national development and Reform Commission responsible for supervising the implementation of clean development mechanism projects.
Project implementation agencies in ten working after successfully registered CDM project registration status within the national development and Reform Commission report, each time the project emission reductions the issuance and the transfer within ten working days after the national development and Reform Commission report issued and the transfer of relevant information.
24th construction project approval procedures and approval rights, according to the relevant State regulations.
The fourth chapter legal liability
25th article this approach involved of administrative organ and staff, in clean development mechanism project application process in the, on meet statutory conditions of project application not accepted, or Dang project implementation institutions submitted of application material not complete, and not meet statutory form Shi, not once told project implementation institutions must correction of all content of, by its superior administrative organ or monitored organ ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions.
26th article this way the administrative organs and their staff, receive, receiving, approving project applications, as well as projects in the process of conducting supervision and inspection, demanding or accepting other people's property, or seeking other interests constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
27th article this way the administrative organs and their staff, and approved the applications for items that do not meet the statutory criteria, or beyond the statutory authority of the approval decision, by its higher administrative authorities or the supervision agency ordered corrective action and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.
28th project implementing agency in the clean development mechanism projects and in the implementation process, such as hiding relevant information or provide false materials, the national development and Reform Commission is inadmissible or refusing to license, and given a warning. Article 29th project implementing agency to deception, bribery or other improper means to obtain approval, the national development and Reform Commission law project emissions reductions transfer considerable fines, revenue from fines in accordance with the related provisions of the law on administrative punishment, and turned over to the Central Treasury.
Constitute a crime, criminal responsibility shall be investigated according to law.
Article 30th project implementation institution after obtaining the letter of approval issued by the national development and Reform Commission, the equity change for foreign-owned or foreign-owned, you will lose the clean development mechanism project eligibility, after shareholding modification project emission reductions achieved by the transfer of income to the State.
31st project implementation agencies in emission reductions after the deal is completed, is not in accordance with the relevant provisions of the State paid their share of emissions trading, the national development and Reform Commission and the project implementing agencies be given administrative punishment according to law.
The 32nd letter of approval of the project implementing agencies forged, altered, or accept supervision and inspection not telling the relevant facts or providing false information or refuse to provide related material, the national development and Reform Commission shall be given administrative punishment constitutes a crime, criminal responsibility shall be investigated according to law.
The fifth chapter supplementary articles
The 33rd of these measures by developed country Parties refer to the countries listed in Annex I to the Convention.
34th in these measures refers to the Executive Board of the clean development mechanism under the Protocol for the implementation of clean development mechanism projects specially set up regulatory bodies.
35th article of the operating entity refers to the method specified by the Executive Board of the clean development mechanism validation and certification bodies. Article 36th CDM projects for transfer of greenhouse gas emission reductions of revenue received by country and project implementation agency, transfer to other institutions and individuals may not participate in emissions trading into.
Country allocation and transfer of the project to reduce emissions trading is as follows:
(A) the hydrofluorocarbon (HFC) type of project, the national 65% greenhouse gas emissions reductions transfer transactions will be charged;
(B) the adipic acid production of nitrous oxide (N20), national 30% of charge transfer of greenhouse gas emissions trading;
(C) nitric acid in the production of nitrous oxide (N20), national 10% of charge transfer of greenhouse gas emissions trading;
(D) perfluorocarbons (PFC) project, the national 5% greenhouse gas emissions reductions transfer transactions will be charged;
(E) other types of projects, the national 2% greenhouse gas emissions reductions transfer transactions will be charged.
National emissions reductions transfer transactions from the clean development mechanism projects received funding to support activities associated with climate change by China clean development mechanism Fund Management Center under the management of China clean development mechanism Fund charge.
37th national development and Reform Commission has approved the project after 2012 CERs shall be agreed by the national development and Reform Commission before they can be transferred, management of project implementation in accordance with this approach.
38th article of the approach by the national development and Reform Commission and Ministry of science and technology, the Ministry of Foreign Affairs, the Ministry explained. 39th purposes herein from the date of publication.
October 12, 2005 the implementation of the clean development mechanism project operation and management procedures shall be annulled.
PS: can be directly submitted to the State development and Reform Commission and the clean development mechanism projects list of enterprises under the Central Government
1. China National nuclear industry Corporation
2. China nuclear engineering group
3. China National Chemical Corporation
4. China National Chemical Engineering Group Corporation
5. China light industrial Corporation
6. the China National salt industry Corporation
7. China National materials Group Corporation
8. China National building material Group Corporation
9. China electronics technology group Corporation
10. China Nonferrous Metal Mining Group limited
11. China Petroleum natural gas group company
12. China Petroleum and Chemical Corporation
13. China offshore oil Corporation
14. national grid company
15. China Huaneng group
16. China Datang Corporation
17. China Huadian Corporation
18. China guodian Corporation
19. China Power Investment Corporation
2. the China Railway Engineering Corporation
21. the China railway construction Corporation
22. the Shenhua group limited liability company
23. China communications construction company limited
24. China National Agricultural Development Group Corporation
25. China National Forestry Corporation
26. the aluminum Corporation of China
27. China National Aviation holding company
28. China sinochem Corporation
29. COFCO group limited
30. China Minmetals Corporation
31. China State Construction Engineering Corporation
32. the China National water resources and hydropower construction Group Corporation
33. the State nuclear power technology co
34. the China energy conservation Investment Corporation
35. China National Coal Group Corporation
36. China coal science and industry Corporation Limited
37. China national machinery industry Corporation
38. China sinosteel Group Corporation
39. China Metallurgical Group Corporation
40. China Steel Research Institute Science and Technology Corporation 41. the China Guangdong nuclear power group
