Shaanxi Railway Inspection supervised the correction of a case of carbon emission report fraud
On December 21, 2022, the reporter learned from the Xi'an Railway Transport Procuratorate Branch of the Shaanxi Provincial People's Procuratorate (hereinafter referred to as the Xi'an Railway Inspection) that a case of fraud by a third-party inspection and testing agency and illegal issuance of carbon emission test reports, affecting the order, safety and ecological environment of the carbon emission trading market was supervised by the Shaanxi Railway Inspection Authority and issued a procuratorial recommendation. At present, the administrative organs have filed the case and are handling it in accordance with the relevant legal procedures.
In October 2022, in the process of performing its public interest litigation procuratorial duties, Xi'an Railway Inspection learned from big data analysis that a chemical enterprise in Shaanxi, a chemical company in Shaanxi and a chemical company in Shaanxi Province, registered in Shenmu City, and other emission control enterprises in the power generation industry were subject to administrative penalties for the environmental violations of entrusting testing institutions to deceive and falsely report and conceal greenhouse gas reports.
On October 17, 2022, the Xi'an Railway Inspection handed over the clue to the Northern Shaanxi Plateau Procuratorate for handling. The procuratorate of the northern Shaanxi Plateau promptly formed a case-handling team to carry out preliminary investigations. Understand the progress of rectification after the enterprise receives an administrative penalty by obtaining the administrative penalty law enforcement file, inquiring about the relevant personnel of the enterprise and the inspection and testing institution, and obtaining the relevant test report. At the same time, it was found that the inspection and testing institutions registered in Beilin District, Xi'an City, Qingdao City, Shandong Province and other places were found to be illegal and falsified. Due to the fact that the place of registration and the place of business contracting belong to different administrative divisions, there are blind spots in supervision, resulting in such problems not being effectively resolved.
On November 11, 2022, the Northern Shaanxi Plateau Procuratorate filed a case against the identified inspection and testing institutions located in Beilin District for illegally issuing test reports and the relevant market supervision and management departments failing to perform their regulatory duties in accordance with the law.
Due to the controversy over whether the relevant administrative organs have regulatory responsibilities, the case handling team specially invited environmental protection experts from the Shaanxi Academy of Social Sciences, representatives of the Xi'an Municipal People's Congress, and lawyers as hearing officers to hold public hearings on the impact and harm of the illegal issuance of test reports by inspection and testing institutions on the national carbon emission trading and the realization of the national "carbon peak and carbon neutrality" goals, whether the relevant administrative organs have regulatory responsibilities and how to perform their regulatory duties. After discussion, the hearing officers unanimously agreed that the inspection and testing institutions illegally issued test reports, disrupted the order of the carbon emission trading market, undermined market fairness, and seriously jeopardized the development of the carbon market, the promotion of the national "double carbon" work and the realization of the goal.
On November 15, 2022, the Northern Shaanxi Plateau Procuratorate issued a pre-trial procuratorial recommendation to the relevant departments of Beilin District, suggesting that they fully perform their regulatory duties in accordance with the law for the illegal issuance of test reports by inspection and testing institutions, fully perform their regulatory duties in accordance with the law for inspection and testing institutions involved in the field of carbon emission testing and verification in their jurisdiction, and deal with the illegal acts found in accordance with the law.
At present, the administrative organs have filed a case and are actively carrying out the investigation and handling of the case after the case is filed.
