深圳多部门联合出台实施意见 明确适用认购 碳汇履责方式

Core Viewpoint - The implementation of the "Implementation Opinions" aims to promote ecological restoration through the voluntary purchase of carbon credits as a substitute for fulfilling ecological and environmental repair responsibilities, thereby supporting the goals of carbon peak and carbon neutrality [1][2]. Group 1: Ecological Restoration Principles - The principle of ecological restoration emphasizes on-site homogeneous direct restoration, with alternative restoration methods prioritized when direct restoration is not feasible [2]. - The purchase of carbon credits is applicable in cases where there is a correlation between ecological damage and carbon sequestration goals, preventing inappropriate application in cases lacking ecological function correspondence [2]. Group 2: Legal and Administrative Framework - In ecological damage compensation lawsuits and environmental public interest lawsuits, purchasing carbon credits can serve as both a substitute for ecological restoration and a compensatory measure for the loss of ecological service functions during the restoration period [2]. - In criminal cases involving environmental resource damage, factors such as the possibility of ecological restoration and the actual performance of carbon credit purchases should be considered when assessing remorse and potential leniency [2]. Group 3: Forestry and Marine Ecosystem Management - Forestry management and law enforcement departments may allow the purchase of carbon credits as a substitute for administrative restoration responsibilities, such as replanting trees and restoring vegetation, when direct recovery is not possible [2]. - The "Implementation Opinions" also include arrangements for integrating the purchase of marine carbon credits (blue carbon) for the alternative restoration of marine ecological damage [2]. Group 4: Carbon Market Compliance - The "Implementation Opinions" require that the purchase and cancellation of carbon credit products occur on formal carbon market trading platforms to ensure compliance, authenticity, and effectiveness of the cancellation results [3]. - The application of this responsibility fulfillment method is subject to legal supervision by the People's Procuratorate [3].