Dalian reported two typical cases of violating the carbon emission trading management system
In order to enhance the people's sense of gain of the beautiful ecological environment, the Dalian Ecological Environment Bureau of Liaoning Province takes the improvement of the quality of the ecological environment as the core, adheres to the work standard of unchanged direction and undiminished intensity, adheres to the "year-round, full-staff, and whole-process" training, continuously optimizes law enforcement methods, and continuously improves law enforcement efficiency. At the same time, in order to form an atmosphere of strong deterrence of environmental violations and crimes, and effectively consolidate the main responsibility of administrative counterparts for ecological and environmental protection, through the form of "explaining the law with cases" and "explaining the law with cases", the typical cases of environmental violations and crimes that have been investigated and dealt with are regularly exposed.
Two typical cases of violations of the carbon emission trading management system are hereby reported.
A thermal power company in Songmudao Chemical Industry Park, Dalian, failed to pay in full and on timeCarbon emission allowancestable
Case Brief
On January 8, 2024, law enforcement officers from the Dalian Municipal Bureau of Ecology and Environment conducted an investigation into the failure of a thermal power company in the Songmudao Chemical Park to pay carbon emission allowances on time and in full according to the tasks assigned by the Liaoning Provincial Department of Ecology and Environment. After investigation, according to national regulations, the company should complete the settlement of 432912 tons of carbon emission allowances within the second national carbon emission compliance cycle (2021-2022). However, as of December 31, 2023, the company has only completed the settlement of 346329 tons of carbon emission allowances in the second compliance cycle, and the remaining 86,583 tons have not been completed within the specified time.
Investigation and punishment
The company's failure to pay carbon emission allowances on time and in full violates Article 28 of the Measures for the Administration of Carbon Emission Trading (for Trial Implementation): "Key emitting entities shall pay the carbon emission allowances of the previous year to the provincial-level competent department of ecology and environment that allocates the allowances within the time limit specified by the Ministry of Ecology and Environment." The amount of clearance shall be greater than or equal to the actual greenhouse gas emissions of the unit in the previous year confirmed by the verification results of the provincial-level competent department of ecology and environment. ". In accordance with Article 40 of the Administrative Measures for Carbon Emission Trading (Trial) and the specific provisions of the Dalian Ecological and Environmental Administrative Punishment Discretionary Benchmark System, the Municipal Bureau of Ecology and Environment ordered the full payment of carbon emission allowances within a time limit and imposed a fine of 20,000 yuan.
Case of a thermal power company in Dalian Economic and Technological Development Zone failing to pay carbon emission allowances on time and in full
Case Brief
On January 4, 2024, law enforcement officers from the Dalian Municipal Bureau of Ecology and Environment conducted an investigation into the failure of a thermal power company in the Economic and Technological Development Zone to pay carbon emission allowances on time and in full according to the tasks assigned by the Liaoning Provincial Department of Ecology and Environment. After investigation, according to national regulations, the company should complete the settlement of 2802211 tons of carbon emission allowances within the second national carbon emission compliance cycle (2021-2022). However, as of December 31, 2023, the company has only completed the settlement of 2500733 tons of carbon emission allowances in the second compliance cycle, and the remaining 301478 tons have not been completed within the specified time.
Investigation and punishment
The company's failure to pay carbon emission allowances on time and in full violates Article 28 of the Measures for the Administration of Carbon Emission Trading (for Trial Implementation): "Key emitting entities shall pay the carbon emission allowances of the previous year to the provincial-level competent department of ecology and environment that allocates the allowances within the time limit specified by the Ministry of Ecology and Environment." The amount of clearance shall be greater than or equal to the actual greenhouse gas emissions of the unit in the previous year confirmed by the verification results of the provincial-level competent department of ecology and environment. ". In accordance with Article 40 of the Administrative Measures for Carbon Emission Trading (Trial) and the specific provisions of the Dalian Ecological and Environmental Administrative Punishment Discretionary Benchmark System, the Municipal Bureau of Ecology and Environment ordered the full payment of carbon emission allowances within a time limit and imposed a fine of 20,000 yuan.
Popularization of Law
Measures for the Administration of Carbon Emission Trading (for Trial Implementation)
Article 10 Key emitting enterprises shall control greenhouse gas emissions and report on themCarbon emissions data, clear carbon emission allowances, publicly trade and related activity information, and accept the supervision and management of the competent department of ecology and environment.
Article 28 Key emitting enterprises shall, within the time limit prescribed by the Ministry of Ecology and Environment, pay the carbon emission allowances of the previous year to the provincial-level competent department of ecology and environment to which the quota is allocated。 The amount of clearance shall be greater than or equal to the actual greenhouse gas emissions of the unit in the previous year confirmed by the verification results of the provincial-level competent department of ecology and environment.
Article 40 Where a key emitting entity fails to pay its carbon emission quota in full and on time, the local competent department of ecology and environment at or above the districted city level where its production and business sites are located shall order it to make corrections within a specified period of time and impose a fine of not less than 20,000 yuan but not more than 30,000 yuan;
