Act on Addressing Climate Change (Draft Proposal)
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E-mail China.org.cn, March 31, 2012
Chapter 2 Responsibilities, Rights and Obligations in Respect of Addressing Climate Change
Article 19 (National Overall Coordination) The State Council shall establish Inter-ministerial Coordination Committee addressing climate change. This committee shall be constructed by heads of administrative departments such as development and reform, commerce, finance, technology, tax, environmental protection, land resource, transportation, agriculture, forestry, marine management, and meteorology under the State Council. Chairman of the committee shall be served by the premier, and vice chairman shall be served by the vice premier in charge of the National Development and Reform Committee. The office of Ministerial-level Coordination Committee on addressing climate change shall responsible for climate change to deal with the daily work of the Ministerial-level Coordination Committee. The office shall be located in The State Council Development and Reform Committee. The director of the office shall be served by person in charge of the National Development and Reform Committee under the State Council.
Article 20 (Responsibilities of Inter-ministerial Coordination Committee on Addressing Climate Change) The Inter-ministerial Coordination Committee shall be mainly responsible for the following work:
(A) assessment the impact of economic and social development by climate change and climate change addressing measures ;
(B) putting forward recommendations to the State Council of the climate change policies and targets;
(C)putting forward recommendations to the State Council of long-term plans and annual action programs on addressing climate change
(D) putting forward proposals of the annual report to The State Council on addressing climate change; (E) carrying out coordination among relevant departments to establish planning and policy measures on addressing climate change;
(F) putting forward proposals to The State Council on the establishment of the indicator system of greenhouse gas emissions and greenhouse gas emission allowances, allowances trading political policy; (G) putting forward proposals of international cooperation and international negotiations on addressing climate change to The State Council.
Article 21 (National Panel on Climate Change) The State Council shall set up a consultative panel on addressing climate change under the leadership of the office. The panel shall be constructed by experts in economic, technological, cultural, legal, diplomatic and other aspects, and provide relevant policy recommendations to the State Council and relevant departments.
Article 22 (the Division of Responsibilities at National Level) The National Development and Reform Committee shall implement unified guidance, coordination and supervision on addressing climate change. Environmental protection administrative departments under the State Council shall excise unified supervision and management of greenhouse gases prevention and control belonged to atmospheric pollutants. Administrative departments under the State Council of foreign affairs, commerce, finance, science and technology, taxation, land resources, transportation, agriculture, forestry, marine, and meteorology shall excise supervision and administration through performing their respective functions on addressing climate change. The nation-owned asset management sector shall take the completion of energy-saving and emission reduction as important part of performance assessment on the competent person in charge of The nation-owned and The nation holding enterprises.
Article 23 (the Division of Responsibilities at Local-level) People's governments at all levels shall establish provincial Coordination Committee and its office on addressing climate change according to their own situations, and establish panel under the leadership of the Coordination Committee and its office. The panel shall be composed of economic, technological, cultural, legal, diplomatic and other experts. Development and reform departments of local people's governments shall exercise unified leadership, coordination and supervision within their respective administrative regions on addressing climate change. Environmental protection administrative departments of local people's government shall implement unified supervision and management on the prevention and control of greenhouse gases belonged to air pollutants. Administrative departments of foreign affairs, commerce, finance, science and technology, taxation, land resources, transportation, agriculture, forestry, marine, and meteorology of local governments at various levels shall excise supervision and administration through performing their respective functions on addressing climate change.. The nation-owned asset management sector in local people's governments shall take the completion of energy-saving and emission reduction as important part of performance assessment on the competent person in charge of the nation-owned and state holding enterprises.
Article 24 (Administrative Supervision and Power Supervision) People's governments at a higher level shall strengthen operational guidance, technical training and supervision and inspection to subordinate people's governments on addressing climate change.
The people's governments at all levels shall report annually to the same level people's congress standing committee the performance of its responsibilities on addressing climate change.
Article 25 (the Obligations and Rights of Enterprises and Institutions) Enterprises and institutions shall establish a sound system and take effective measures to control and reduce generation and emissions of greenhouse gas from business activities, and assist the supervision and management departments to implement climate change addressing policies and measures. Enterprises shall carry out the education and on-the-job training on energy conservation and emission reduction, reform process, improve technologies, improve energy utilization efficiency, and reduce greenhouse gas emissions. Enterprises have the right to participate in climate change technology research and development, industrial development-related activities.
Article 26 (Roles and Rights of Industry) The nation shall encourage and support industry associations, intermediary institutions and academies to exert functions as technical guidance and services and actions harmonization on controlling and reducing greenhouse gas emissions as well as development of low-carbon technologies.
The nation encourages and supports intermediary institutions, academies and other social organizations to conduct the publicity, technical promotion and consulting services concerning low-carbon life.
Article 27 (the role and rights of social organizations) Social groups and other social organizations shall be responsible for greenhouse gases generated by their activities and take effective measures to control and reduce greenhouse gas emissions. Society groups and other social organizations shall assist the government in the implementation of climate change addressing policies and measures, carry out propaganda educational action to improve the society awareness on addressing climate change, strengthen exchanges and cooperation on energy conservation planning in the industry, formulation and implementation of energy conservation standards, the promotion of energy saving technology, energy consumption statistics, energy conservation advocacy training and information consulting. Society groups and other social organizations are legally entitled to be informed, participate, advice and supervise on addressing climate change, and have the right to report acts of violation of the greenhouse gas emission control acts and regulations.
Article 28 (Obligations and Rights of Citizens) Citizens shall foster awareness of energy conservation and addressing climate change consciously, take efforts to take low carbon environmental production and life style, and strive to meet the climate change policies and measures implemented by The State Council and local people's governments.
Citizens are legally entitled to be informed, participate, advice and supervise on addressing climate change, and have the right to report acts of violation of the greenhouse gas emission control acts and regulations.
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