Interpretation of Act on Climate Change

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5 Role Definition, Supervision and Management

In the process of addressing climate change, status definition of all parties needs to be scientific and reasonable. Legislation needs to provide national gradation, local gradation, enterprises, as well as citizens with right, power and obligation traditionally. Following this, the draft proposal sets the chapter: responsibility, right and obligation for addressing climate change, which is concrete to roles of all parties. In respect of administration regime, the draft proposal suggests that unity of guidance, coordination; supervision and division of relevant departments are united with ideas of administration regime of resource and environment legislation. The draft proposal also suggests: National Development and Reform Commission implement Unity of guidance, coordination, supervision for national climate change, Environmental Protection Department under the State Council implement unity of supervision and management for prevention and control of greenhouse gases as atmospheric pollutants. Other departments under the State Council, like Taxation Bureau, Finance Bureau, Ministry of Science and Technology and other sectors, are responsible for relevant climate change actions on their responsibilities. In addition, the draft proposal sets the special management regime. For instance, the draft proposal recommends of building up National Coordination Committee for Climate Change, National Coordination Committee Office for Climate Change and Experts Team under National Coordination Committee office for Climate Change. The draft proposal also sets the duties of National Coordination Committee office for Climate Change. To make administration regime of climate change run smoothly, the draft proposal sets executive supervision and power supervision. The draft proposal also requires senior people's governments obligate to enhance business guidance, technical training, supervision and inspection of addressing climate change for junior governments; and public governments at various levels have to report to the Standing Committee at the same level about their implementation. Climate change is related to many industrial actions, appealing for broaden anticipation of social groups. The draft proposal enacts status and rights for industrial associations, institutes, intermediary organizations and other social groups to address climate change then.

Administrative departments perform responsibilities of supervision and management. For measures of supervision and management, they refer to supervision and management measures of general resource, environment laws and unique measures of addressing climate change. The draft proposal shows general measures of supervision and management: planning integrated,standard established, mandatory eliminating, discharge permit, monitoring system, information freely accessible, administrative guidance, enforcing laws and inspecting. Besides, there are many special supervision and management measures: promoting energy conservation and emission reduction by the way of market entry, controlling greenhouse-gas emissions overall of enterprises by the control of emission quota and quota trading system, sizing the actual emission of each emission source by monitoring and accounting, grasping the situation of Greenhouse-gas emissions by establishing Greenhouse-gas emission lists. The draft proposal also asks to build up information platform of supervision and management,special accounts of key enterprises, satisfying the needs of special supervision and management regime.

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