1、清洁发展机制项目运行管理办法（Measures for the operation and management of CDM projects）Measures for the operation and management of CDM projects(October 12, 2005 the national development and Reform Commission, Ministry of science and technology, the Ministry of foreign affairs, the Ministry of Finance promulgated
2、 by Decree No. thirty-seventh since October 12, 2005)A, generalFirst, according to Chinas approval of the “United Nations Framework Convention on climate change“ (hereinafter referred to as “the Convention“) and approved the “Kyoto Protocol“ (hereinafter referred to as the “Protocol“) and the provis
3、ions of the relevant decisions of the conference of the parties, Chinese government to promote CDM project activities, maintain the rights and interests of Chinese, ensure project activities in an orderly manner, formulated.Second according to the “Protocol“ provisions of the clean development mecha
4、nism is a mechanism for developed country parties to achieve the greenhouse gas emission reduction obligations and developing country parties for cooperation projects, the aim is to achieve to assist developing country Parties in achieving sustainable development and promoting the “Convention“ the u
5、ltimate goal, and to assist developed country Parties in achieving its quantization the limitation and reduction of greenhouse gas emissions commitments. The core of the clean development mechanism is to allow developed countries through project cooperation with developing countries, certified green
6、house gas emission reductions generated by the project to get“.Third in Chinese to carry out CDM project cooperation must be approved by the relevant departments of the state council.Fourth CDM projects in the Chinese area of focus is to improve energy efficiency, new energy and renewable energy and
7、 recycling and utilization of coal bed methane development and utilization.Fifth according to the decision of the conference of the parties, the implementation of CDM projects should ensure transparency, efficiency and accountability responsibility.Two, permit conditionsSixth CDM projects shall comp
8、ly with the laws and regulations Chinese and sustainable development strategies and policies, as well as the overall national economic and social development planning requirements.Seventh implementation of CDM cooperation projects must comply with the “Convention“ and “Protocol“ and the decision of
9、the conference of the parties.Eighth the implementation of CDM project can not make Chinese any new obligations to take the “Convention“ and “Protocol“ provisions.Ninth developed country parties for the CDM project funds shall be additional to existing official development assistance and its commitm
10、ent to the “Convention“ under the obligation of funds.The CDM project activity tenth should be conducive to environmental technology transfer.Eleventh Chinese, holding the Chinese funded enterprises can carry out foreign CDM projects.Twelfth enterprises in the implementation of Clean Development Mec
11、hanism projects must submit qualification status of CDM project design documents, business documents and project financing situation and related instructions.Three, management and implementation mechanismThirteenth National Climate Change Coordination Group established under the State Council CDM pr
12、oject audit (hereinafter referred to as the project review board), which consists of a national clean development mechanism project management mechanism.The Fourteenth National Coordination Committee on climate change as a major policy of clean development mechanism of deliberation and coordination
13、agency. Its duty is to:1, review relevant national policies, norms and standards of CDM projects;2, members of the Council approved project audit;3, the consideration of other matters need to be decided by the coordination group.Fifteenth project audit Council joint head for the national development
14、 and Reform Commission, Ministry of science and technology, deputy head of the unit for the Ministry of foreign affairs, members of the unit for the State Environmental Protection Administration, Chinese Meteorological Bureau, Ministry of Finance and the Ministry of agriculture. Main responsibilitie
15、s are:1, review the CDM project, the main content for the audit:(1) participate in the qualification;(2) design documents;(3) method to determine the baseline problems and greenhouse gas emission reductions;(4) can transfer the price of greenhouse gas emission reductions;(5) funding and technology t
16、ransfer;(6) is expected to transfer in time;(7) monitoring plan;(8) is expected to promote the sustainable development of the effect.2, if the project is not found in the approval of the foreign buyer, and cannot provide this article 1, paragraph (4) required price information, the project design do
17、cument must indicate emissions generated by the project will be transferred to the Chinese national accounts, and to China CDM authorities approved the emission reductions from China national account transfer.3, to the National Coordination Committee on climate change report of the CDM project imple
18、mentation and implementation process problems and suggestions;4, put forward and the revision of the national CDM project activities running rules and procedures for advice.Article sixteenth of the national development and Reform Commission is the competent authority Chinese government to carry out
19、CDM project activities, its main functions are:1, accept the application of CDM projects;2, on the basis of the project audit Council audit results, in conjunction with the Ministry of science and technology and the Ministry of Foreign Affairs approved CDM projects;3, issued by the government on beh
20、alf of Chinese CDM project approval documents;4, the CDM project supervision and management;5, in consultation with relevant departments set up CDM project management mechanism;6, deal with other foreign issues.Seventeenth project implementation mechanism refers to the implementation of CDM projects
21、 in the territory of China Chinese and Chinese funded holding enterprises. The obligations are as follows:1, take the clean development mechanism projects in foreign negotiations;2, responsible for CDM project construction, and regularly report to the national development and Reform Commission proje
22、ct construction;3, the implementation of CDM projects, self monitoring plan and the implementation of CDM projects of greenhouse gas emission reductions, to ensure that the greenhouse gas emission reductions are real, measurable, long-term and additional, and accept the supervision of the national d
23、evelopment and reform commission;4, an operating entity of project project eligibility and emission reduction verification; provide the necessary information and monitoring records, and report to the national development and Reform Commission for the record. In the information exchange process, shou
24、ld be to protect the state and business secrets;Certified greenhouse gas emission reductions by 5, to the national development and Reform Commission report produced by CDM projects;6, to assist the national development and Reform Commission and the CDM Project Review Council on issues related to car
25、ry out the investigation, and answer questions;The other 7, take should fulfill its obligations.Four, the implementation of the programThe examination and approval procedures eighteenth CDM project and application:In 1, China territory for the implementation of Clean Development Mechanism projects f
26、unded and owned enterprises, and foreign partners shall apply to the national development and Reform Commission, the relevant departments and local governments can organize the enterprises to apply the provisions of article twelfth, and submit the project file;2, the national development and Reform
27、Commission commissioned the relevant agencies to apply for expert appraisal project, time is not more than thirty days;3, the national development and Reform Commission will submit a qualified expert review project project audit Council audit;4, the project board approved the project, by the nationa
28、l development and Reform Commission jointly with the Ministry of science and technology and the Ministry of foreign affairs for approval;5, the date of acceptance from the project, the national development and Reform Commission within twenty days (excluding expert review time) to decide whether or n
29、ot to approve. Cant make a decision within twenty days, after the approval of the administrative organ, may be extended for ten days, and will inform the applicant of the reasons for extension;6, the implementation of inviting business entities to the independent assessment of the project design doc
30、ument, and the evaluation of qualified projects on the CDM Executive Board registration;7, the implementation of institutions in a CDM Executive Board approval notice, shall carry out the approval status Council within ten days at the national development and Reform Commission report.The examination
31、 and approval procedures and approval authority nineteenth specific projects, in accordance with the relevant provisions of the state.Implementation, monitoring and verification procedures twentieth CDM projects:1, the implementation of institutions responsible for project implementation and monitor
32、ing report submitted to the national development and Reform Commission and the business entity in accordance with the relevant provisions;2, to ensure the quality of the implementation of clean development mechanism project, the national development and Reform Commission has the power to carry out t
33、he implementation of CDM project supervision;The reduction in the 3, the operating entity of CDM projects and verify that the certified greenhouse gas reduction to the CDM Executive Board report emissions and other relevant circumstances, after its approval issued, by the CDM Executive Board for gre
34、enhouse gas emission reductions of nuclear license registration and transfer, and notify the participate in CDM project cooperation;4, the national development and Reform Commission or by its authorized institutions by greenhouse gas CDM Executive Board CDM project registration registration of certi
35、fied emission reductions.Five, otherTwenty-first the provisions of developed country Parties refers to “the Convention“ column in Annex 1 countries.Twenty-second the provisions of the Executive Board of the clean development mechanism refers to the “Protocol“ to set up specially management agencies
36、to implement CDM projects.Twenty-third the provisions of the operational entities by the CDM Executive Board consideration of the designated verification agency.Twenty-fourth in view of greenhouse gas emission reductions of resources to the government Chinese all greenhouse gas emissions produced by
37、 the CDM project to the development of enterprises of all, therefore, the clean development mechanism projects due to the transfer of greenhouse gas emission reductions of the gains to Chinese government and the implementation of the project of all enterprises. The distribution proportion is as foll
38、ows:(1) hydrofluorocarbons (HFC) and perfluorocarbons (PFC) project, the state charge transfer transfer of greenhouse gas emission reductions in the amount of 65%;(2) Nitrous Oxide (N O) project, the state charge transfer transfer of greenhouse gas emission reductions in the amount of 30%;Two(3) pro
39、jects in key areas the “measures“ the provisions of article fourth, afforestation projects such as small clean development mechanism, charge transfer state transfer of greenhouse gas emission reductions in the amount of 2%.The government Chinese from CDM project fees, to support activities related t
40、o climate change. Specific fees and procedures, the relevant departments by the Ministry of Finance and the national development and Reform Commission shall be formulated separately.(4) this section does not apply to Chinese before October 12, 2005 has been issued by the government to the ratificati
41、on of the project.Twenty-fifth of these measures is the business of national development and Reform Commission of science and Technology Department, Ministry of foreign affairs interpretation.Twenty-sixth the implementation since October 12, 2005. The date of implementation of this approach since June 30, 2004 implementation of the “Interim Measures“ operation and management of CDM projects shall be invalidated.
