Article 1 These Regulations are formulated in order to regulate carbon emission trading and related activities, strengthen the control of greenhouse gas emissions, actively and steadily promote carbon peak and carbon neutrality, promote green and low-carbon economic and social development, and promote the construction of ecological civilization。
Article 2 These Regulations shall apply to carbon emission trading and related activities in the national carbon emission trading market。
Article 3 The management of carbon emission trading and related activities shall adhere to the leadership of the Communist Party of China, implement the Party and the state's line, principles, policies and decision-making arrangements, adhere to the adaptation of greenhouse gas emission control to economic and social development, adhere to the combination of guidance and market regulation, and follow the principles of openness, fairness and justice。
The State shall strengthen international cooperation and exchanges in the field of carbon emission trading。
Article 4 **The competent department of ecology and environment shall be responsible for the supervision and management of carbon emission trading and related activities. **In accordance with the division of responsibilities, the relevant departments are responsible for the supervision and management of carbon emission trading and related activities.
The local people's ** department in charge of ecology and environment is responsible for the supervision and management of carbon emission trading and related activities within their respective administrative areas。 In accordance with the division of responsibilities, the relevant departments of the local people's ** shall be responsible for the supervision and management of carbon emission trading and related activities within their respective administrative areas。
Article 5 The national carbon emission allowance registration agency shall, in accordance with the relevant provisions of the State, be responsible for the registration of carbon emission trading products and provide services such as transaction settlement。 In accordance with relevant national regulations, the national carbon emission trading institution is responsible for organizing and carrying out centralized and unified trading of carbon emission rights。 Fees for registration and transactions shall be reasonable, and the charging items, charging standards, and management measures shall be disclosed to the public.
The national carbon emission allowance registration institution and the national carbon emission allowance trading institution shall, in accordance with the relevant provisions of the state, improve the relevant business rules, and establish a risk prevention and control and information disclosure system。
**The competent department of ecology and environment, together with the market supervision and administration department, the People's Bank of China and the banking regulatory authority, shall supervise and manage the national carbon emission allowance registration institutions and the national carbon emission trading institutions, and strengthen information sharing and law enforcement coordination.
Carbon emission trading should be gradually incorporated into a unified public resource trading platform system。
Article 6 The types of greenhouse gases and the scope of industries covered by carbon emission trading shall be proposed by the competent department of ecology and environment in conjunction with relevant departments such as development and reform in accordance with the national greenhouse gas emission control targets, and shall be implemented after approval。
Carbon emission trading products include carbon emission allowances and other spot trading products approved by ***.
Article 7 Key greenhouse gas emitting entities (hereinafter referred to as key emitting entities) that are included in the national carbon emission trading market and other entities that comply with relevant national regulations may participate in carbon emission trading。
The competent department of ecology and environment, other departments responsible for the supervision and management of carbon emission trading and related activities (hereinafter referred to as other departments with supervision and management duties), the national carbon emission allowance registration agency, the national carbon emission trading agency and the staff of the technical service institutions provided for in this regulation shall not participate in carbon emission trading。
Article 8 The competent department of ecology and environment, in conjunction with relevant departments, shall, in accordance with the national greenhouse gas emission control targets, formulate the conditions for determining key emitting entities。 The competent departments of ecology and environment of the people** of provinces, autonomous regions and municipalities directly under the Central Government** (hereinafter collectively referred to as the provincial-level people**) shall, in conjunction with the relevant departments at the same level, formulate an annual list of key emitting enterprises in their respective administrative regions in accordance with the conditions for determining key emitting enterprises。
The conditions for determining key emitting enterprises and the annual list of key emitting enterprises shall be published to the public。
Article 9 The competent department of ecology and environment, in conjunction with relevant departments, shall, in accordance with the national greenhouse gas emission control targets, comprehensively consider factors such as economic and social development, industrial structure adjustment, industry development stage, historical emissions, and market regulation needs, formulate the total amount and allocation plan of annual carbon emission allowances, and organize their implementation. Carbon emission allowances shall be allocated free of charge, and a combination of free and paid allocation shall be gradually implemented according to the relevant national requirements。
The provincial-level people's ** department in charge of ecology and environment, in conjunction with the relevant departments at the same level, shall issue carbon emission quotas to key emitting units within their respective administrative areas in accordance with the annual total amount and allocation plan of carbon emission quotas, and shall not issue or adjust carbon emission quotas in violation of the annual total amount and allocation plan of carbon emission quotas。
Article 10 In accordance with the provisions of Articles 6, 8 and 9 of these Regulations, the types of greenhouse gases covered by carbon emission trading and the scope of industries, the determination conditions for the formulation of key emitting entities, and the total amount and allocation of annual carbon emission allowances shall be sought, and the opinions of the provincial-level people, relevant industry associations, enterprises, public institutions, experts and the public shall be sought.
Article 11 Key emitting enterprises shall take effective measures to control greenhouse gas emissions, formulate and strictly implement the quality control plan for greenhouse gas emission data in accordance with the relevant provisions of the State and the technical specifications formulated by the competent department of ecology and environment, use measuring instruments that have been qualified or calibrated in accordance with the law to carry out inspection and testing related to greenhouse gas emissions, truthfully and accurately calculate the greenhouse gas emissions of their units, and prepare the greenhouse gas emission report of the previous year (hereinafter referred to as the annual emission report). And in accordance with the provisions of the emission statistical accounting data, annual emission report to the provincial people's ** ecological and environmental department where the production and business premises are located.
Key emitting enterprises shall be responsible for the authenticity, completeness and accuracy of their emission statistics and accounting data and annual emission reports。
Key emitting enterprises shall, in accordance with relevant state regulations, disclose to the public information such as emissions, emission facilities, and statistical accounting methods in their annual emission reports。 The original records and management ledgers of the data involved in the annual emissions report shall be kept for at least 5 years.
Key emitting enterprises may entrust a technical service organization established in accordance with the law to carry out inspections and tests related to greenhouse gas emissions and prepare annual emission reports。
Article 12 The provincial-level people's ** department in charge of ecology and environment shall verify the annual emission reports submitted by key emitting enterprises to confirm their actual greenhouse gas emissions。 The verification work shall be completed within the prescribed time limit, and the verification results shall be fed back to the key emitting enterprises within 7 working days from the date of completion of the verification。 The results of the verification shall be disclosed to the public.
The provincial-level people's competent department of ecology and environment may, through the purchase of services, entrust a technical service institution established in accordance with the law to conduct a technical review of the annual emission report. Key emitting enterprises shall cooperate with technical service institutions to carry out technical audits and truthfully provide relevant data and information。
Article 13 Technical service institutions entrusted to carry out inspection and testing related to greenhouse gas emissions shall comply with the requirements of relevant national technical regulations and technical specifications, bear corresponding responsibility for the inspection and testing reports issued by them, and shall not issue false or false inspection and testing reports. Key emitting enterprises shall prepare and submit samples for testing in accordance with relevant national regulations, and shall be responsible for the representativeness and authenticity of the samples。
Technical service institutions entrusted with the preparation of annual emission reports and technical audits of annual emission reports shall, in accordance with relevant national regulations, have corresponding facilities and equipment, technical capabilities and technical personnel, establish a business quality management system, carry out relevant business independently, objectively and fairly, and bear corresponding responsibilities for the annual emission reports and technical audit opinions issued by them, and shall not tamper with or falsify data, and shall not use false data or other fraudulent acts. The specific management measures for the preparation of annual emission reports and technical audits shall be formulated by the competent department of ecology and environment in conjunction with relevant departments.
Technical service institutions shall not engage in the preparation of annual emission reports and technical audit business within the scope of the same province, autonomous region or municipality directly under the Central Government at the same time。
Article 14 Key emitting enterprises shall, in accordance with the verification results of the annual emission report by the provincial-level people's competent department of ecology and environment, pay their carbon emission quotas in full in accordance with the time limit prescribed by the competent department of ecology and environment。
Key emitting enterprises can purchase or ** carbon emission allowances through the national carbon emission trading market, and the carbon emission allowances purchased by them can be used for settlement.
Key emitting enterprises may, in accordance with relevant national regulations, purchase certified greenhouse gas emission reductions to settle their carbon emission allowances。
Article 15 Carbon emission trading may take the form of agreement transfer, one-way bidding or other spot trading methods in accordance with relevant national regulations。
It is forbidden for any unit or individual to manipulate the national carbon emission trading market or disrupt the order of the national carbon emission trading market through fraud, malicious collusion, dissemination of false information, etc.
Article 16 The competent department of ecology and environment shall establish a national carbon emission trading market management platform, strengthen the supervision and management of the whole process of carbon emission quota allocation and clearance, as well as the greenhouse gas emissions of key emitting enterprises, and realize information sharing with relevant departments。
Article 17 The competent departments of ecology and environment and other departments responsible for supervision and management may, within the scope of their respective duties, conduct on-site inspections of key emitting entities and other trading entities and technical service institutions。
The competent departments of ecology and environment and other departments with supervision and management responsibilities may take measures such as consulting and copying relevant materials, inquiring and inspecting relevant information systems, and may require relevant units and individuals to make explanations on relevant matters. The person being inspected shall truthfully report the situation and provide materials, and must not refuse or obstruct it.
To conduct on-site inspections, there shall be no less than 2 inspectors, and law enforcement certificates shall be presented. Inspectors shall have an obligation to keep confidential state secrets and commercial secrets learned during inspections in accordance with law.
Article 18: Any unit or individual has the right to report any conduct that violates the provisions of these Regulations to the competent department of ecology and environment and other departments responsible for supervision and management. Departments receiving reports shall promptly handle them in accordance with law, give feedback on the results of the handling to the informant in accordance with relevant state provisions, and maintain the informant's confidentiality.
Article 19 Where the staff of the competent department of ecology and environment or other departments responsible for supervision and management abuse their powers, derelict their duties, or twist the law for personal gain in the supervision and management of carbon emission trading and related activities, they shall be punished in accordance with law。
Article 20 Where the competent department of ecology and environment, other departments responsible for supervision and management, the national carbon emission allowance registration agency, the national carbon emission trading institution and the technical service institutions provided for in these Regulations participate in carbon emission trading, the competent department of ecology and environment shall order them to dispose of the carbon emission allowances and other trading products held in accordance with the law, confiscate the illegal gains, and may impose a fine of less than the equivalent value of the carbon emission allowances and other products traded; and where they are state employees, they shall also be given sanctions in accordance with law.
Article 21 In any of the following circumstances, the competent department of ecology and environment shall order a key emitting enterprise to make corrections and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan; and where corrections are refused, they may be ordered to stop production for rectification
1) Failure to formulate and implement a quality control plan for greenhouse gas emission data in accordance with regulations;
2) Failure to submit emission statistics and accounting data and annual emission reports in accordance with regulations;
3) Failing to disclose to the public information such as emissions, emission facilities, and statistical accounting methods in the annual emission report in accordance with regulations;
4) Failure to keep the original records and management ledgers of the data involved in the annual emissions report in accordance with the regulations.
Article 22 In any of the following circumstances, the competent department of ecology and environment shall order a key emitting enterprise to make corrections, confiscate its unlawful gains, and impose a fine of not less than 5 times but not more than 10 times the amount of its illegal gains; where there are no unlawful gains or the unlawful gains are less than 500,000 RMB, a fine of between 500,000 and 2,000,000 RMB is to be given; the directly responsible managers and other directly responsible personnel are to be fined between 50,000 and 200,000 RMB; If they refuse to make corrections, their carbon emission quotas for the next year shall be reduced according to the proportion of between 50% and 100%, and they may be ordered to stop production for rectification
1) Failure to calculate greenhouse gas emissions in accordance with regulations;
2) There are major defects or omissions in the annual emission report prepared, tampering with or falsifying data in the process of preparing the annual emission report, using false data or other fraudulent acts;
3) Failure to make and submit samples for testing in accordance with regulations.
Article 23 Where a technical service institution issues a false or false inspection and testing report, the competent department of ecology and environment shall order it to make corrections, confiscate the unlawful gains, and impose a fine of not less than 5 times but not more than 10 times the unlawful gains; where there are no unlawful gains or the unlawful gains are less than 20,000 RMB, a fine of between 20,000 and 100,000 RMB is to be given; and where the circumstances are serious, the department responsible for qualification determination shall cancel their inspection and testing qualifications.
If there are major defects or omissions in the annual emission report or technical audit opinion issued by the technical service institution, and the data are tampered with or falsified, false data or other fraudulent acts are used in the process of compiling the annual emission report or conducting a technical review of the annual emission report, the competent department of ecology and environment shall order corrections, confiscate the illegal gains, and impose a fine of not less than 5 times but not more than 10 times the illegal gains; where there are no unlawful gains or the unlawful gains are less than 200,000 RMB, a fine of between 200,000 and 1,000,000 RMB is to be given; and where the circumstances are serious, they are prohibited from engaging in the preparation of annual emission reports and technical audits.
Where technical service institutions are punished for the illegal acts provided for in paragraphs 1 and 2 of this article, their directly responsible managers and other directly responsible personnel shall be fined between 20,000 and 200,000 yuan, and shall be prohibited from engaging in greenhouse gas emissions-related inspection and testing, preparation of annual emission reports, and technical audits for 5 years; where the circumstances are serious, a lifetime ban from engaging in the aforementioned operations is prohibited.
Article 24 Where a key emitting entity fails to pay its carbon emission quota in accordance with regulations, the competent department of ecology and environment shall order it to make corrections and impose a fine of not less than 5 times but not more than 10 times the average transaction volume of the market transaction in the month before the time limit for the settlement of the unpaid carbon emission allowance; If they refuse to make corrections, they shall reduce their carbon emission quotas for the following year by the same amount of the unpaid carbon emission quotas, and may be ordered to suspend production for rectification.
Article 25 Where the national carbon emission trading market is manipulated, the competent department of ecology and environment shall order corrections, confiscate illegal gains, and impose a fine of not less than 1 time but not more than 10 times the illegal gains; where there are no unlawful gains or the unlawful gains are less than 500,000 RMB, a fine of between 500,000 and 5,000,000 RMB is to be given. Where a unit is punished for the above-mentioned illegal acts, the directly responsible managers and other directly responsible personnel shall be given a warning and fined between 100,000 and 1,000,000 RMB.
If the order of the national carbon emission trading market is disrupted, the competent department of ecology and environment shall order corrections, confiscate illegal gains, and impose a fine of not less than 1 time but not more than 10 times of illegal gains; where there are no unlawful gains or the unlawful gains are less than 100,000 RMB, a fine of between 100,000 and 1,000,000 RMB is to be given. Where a unit is punished for the above-mentioned illegal acts, the directly responsible managers and other directly responsible personnel are to be given warnings and fined between 50,000 and 500,000 RMB.
Article 26: Where the competent departments for ecology and the environment or other departments with oversight and management duties are refused or obstructed from carrying out supervision and inspections in accordance with law, the competent departments for ecology and the environment or other departments with oversight and management duties are to order corrections and impose a fine of between 20,000 and 200,000 RMB.
Article 27: The competent departments for ecology and the environment, in conjunction with relevant departments, are to establish a credit record system for key emitting entities and other trading entities and technical service establishments, and include information on key emitting entities and other trading entities and technical service establishments receiving administrative punishments for violating the provisions of these Regulations in the relevant national credit information system, and release it to the public in accordance with law.
Article 28: Where the provisions of these Regulations are violated by causing harm to others, civil liability is to be borne in accordance with law; where a violation of the administration of public security is constituted, a public security administrative sanction shall be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 29 For the local carbon emission trading markets established before the implementation of these Regulations, the relevant management systems shall be improved with reference to the provisions of these Regulations, and supervision and management shall be strengthened。
After the implementation of these Regulations, no new local carbon emission trading markets will be established, and key emitting entities will no longer participate in the carbon emission trading of local carbon emission trading markets of the same greenhouse gas types and industries。
Article 30: The meanings of the following terms in these Regulations:
i) Greenhouse gases refer to the natural and anthropogenic gaseous components of the atmosphere that absorb and re-emit infrared radiation, including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride and nitrogen trifluoride.
2) Carbon emission quota refers to the emission quota of carbon dioxide and other greenhouse gases allocated to key emitting enterprises within a specified period. One unit of carbon emission allowance is equivalent to emitting 1 tonne of carbon dioxide equivalent into the atmosphere.
3) "Clearance" refers to the act of key emitting entities paying carbon emission quotas equivalent to the actual greenhouse gas emissions of the previous year confirmed by them within the prescribed time limit to the competent department of ecology and environment.
Article 31 Where key emitting enterprises consume electricity from non-fossil energy, their carbon emission quotas and greenhouse gas emissions shall be adjusted accordingly in accordance with the relevant provisions of the State。
Article 32 The competent department of ecology and environment, in conjunction with the competent department of civil aviation and other departments, may, in accordance with the principles set forth in these Regulations, formulate specific management measures for the formulation of the list of key emitting enterprises in the civil aviation and other industries, the issuance and settlement of carbon emission quotas, the statistical accounting of greenhouse gas emission data, and the submission and verification of annual emission reports in accordance with the principles set forth in these Regulations, and in light of actual needs and in combination with the characteristics of greenhouse gas emission control in civil aviation and other industries.
Article 33: These Regulations take effect on May 1, 2024.
*:Xinhua.