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Chapter Law Content

Title: Climate Change Response Act CH
Category: Ministry of Environment(環境部)
Chapter 1 General Principles
Article 1
In response to global climate change, the Climate Change Response Act was established to form strategies to reduce and manage greenhouse gas emissions, strengthen intergenerational justice, environmental justice, and a just transition, so that responsibilities of global environmental protection are shared and the nation’s sustainable development is ensured.
Article 2
The Environmental Protection Administration of the Executive Yuan is the central competent authority at the central government level, while municipal governments execute authority at the county or city level.
The matters designated in this Act, which involve the powers and responsibilities of the central industry competent authorities, will be handled by the central industry competent authorities.
Article 3
Terms used in the Act are defined as follows:
1. Greenhouse Gas (GHG) refers to the following substances: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydro fluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), nitrogen trifluoride (NF3), and others designated by the central competent authority.
2. Climate change adaptation refers to the adjustment and adaptation process of human and natural systems in response to actual or anticipated climate change risks or their impacts, through the climate change adaptation capabilities building and resilience enhancement, to mitigate the impacts or damages caused by climate change or to take advantage of potentially favorable situations.
3. Climate change risk refers to the potential degree of damage caused by climate change impacts on natural ecosystems and human societies. The components of climate change risk are climate change hazards, exposure, and vulnerability.
4. Greenhouse gas reduction refers to reducing greenhouse gas emissions derived from human activities or increasing greenhouse gas absorption and storage.
5. Emission source refers to a unit or process that directly or indirectly emits GHG into the atmosphere.
6. Global Warming Potential (GWP) refers to the radiative driving force accumulated by a single mass unit of greenhouse gas within a specific time frame and compared to that of carbon dioxide, as a benchmark.
7. Emissions are the total amount of different GHG emitted from a source multiplied by their corresponding GWPs, expressed as carbon dioxide equivalents (CO2e).
8. Negative emission technologies refer to the mechanism by which carbon dioxide or other greenhouse gases are removed, absorbed or stored from emission sources or the atmosphere through natural carbon cycles or human interventions.
9. Carbon sink refers to the sequestration and storage of carbon dioxide or other GHG removed from their emission sources or atmosphere by trees, forests, soils, oceans, stratum, facilities, or other sites.
10. Net zero emissions refer to the achieving of an overall balance between the quantity of GHG emissions and carbon sinks.
11. Just transition refers to the principle of consulting with all affected communities in transition to net-zero emissions, while respecting human rights and the dignity of labor, and assisting industries, regions, workers, consumers, and indigenous peoples in a stable transition.
12. Entity refers to legal persons, non-corporate representatives or managers, institutions, government agencies or others who have emission sources designated by the central competent authority.
13. Reduction credit refers to the quantity of GHG emissions reduction earned by entity and government at all levels through the implementation of GHG voluntary emission reduction project, GHG Offset Project (“Offset Project”) and GHG Early Action Project (“Early Action Project”).
14. Performance standard refers to the allowable emissions for a unit of product, unit of raw material, unit of mileage or other unit of usage for an emission source.
15. Cap refers to the control measure implemented in order to effectively reduce GHG emissions by the limitation of the total amount of emissions allowed for designated emission sources in a certain period of time under the cap-and-trade scheme.
16. Emission allowance refers to the allowance to emit carbon dioxide equivalent during a specified period under the cap-and-trade scheme.
17. Carbon leakage refers to the implementation of cap-and-trade scheme that may result in relocation of energy-intensive production in less-controlled regions which could cause global carbon emissions to increase.
18. Carbon footprint refers to the amount of total carbon emissions released throughout the life cycle of a product from raw material acquisition, manufacturing, distribution and sale, use and waste treatment, calculated by total CO2 equivalent(CO2e).
Article 4
The long-term national GHG emission reduction goal is achieving GHG net-zero emission by 2050.
To achieve the goal set in the foregoing paragraph, all levels of government shall implement GHG reduction, develop negative emission technologies and facilitate international cooperation together with citizens, entities and organizations.
Article 5
The government shall ensure the sustainable utilization of the nation's resources, maintain balanced energy supply and demand, mitigate and respond to the impacts of climate change, and place equal emphasis on environmental protection, economic development, social justice, interests of the indigenous peoples, intergenerational equity, and support of vulnerable groups.
All levels of government shall encourage technological innovation research and development, enhance financial mechanisms, spur economic momentum, allow healthy competition, promote low-carbon green growth, create employment opportunities, and boost national competitiveness.
In order to respond to the impact of climate change, the government shall uphold the following legal and policy principles:
1. Refer to the latest scientific research, analysis and scenario estimation on climate change at home and abroad.
2. To ensure the nation's energy security, the government shall establish mid- to longterm strategies for gradually reducing dependence on fossil fuels with a mid- to long-term aim of renewable energy policies, and the gradual realization of a nuclear-free homeland.
3. In line with the "user pays" principle of environmental justice, the free allowances allocation method shall be gradually replaced by allowances auctioned or sold at a fixed charge.
4. To respond to the impact of climate change, under the principle of equality and social welfare promotion, the government should implement GHG emissions tax (or fee) mechanisms based on carbon dioxide equivalent.
5. The government should actively help traditional industries achieve energy conservation and carbon reduction or transition, develop green technology and green industry, create employment opportunities and green growth.
6. In order to lessen environmental pollution and greenhouse gas emissions, the government should promote resource use efficiency, energy use efficiency, and resource recycling.
7. Inclusion of climate change response factors, reinforcement of climate change adaptation capability, lowering vulnerability and enhancing resilience to ensure the nation’s sustainable development.
8. In order to promote natural carbon sinks, the government should jointly promote and manage natural carbon sinks in the indigenous peoples’ regions with indigenous peoples. The rights and interests of new carbon sinks in such areas should be shared with indigenous peoples. The government should consult with local indigenous peoples and obtain their approval before any decisions on the land development, use or restriction involving the land of the indigenous peoples.
Article 6
Climate change response plans or programs shall comply with the following principles:
1. National reduction targets and schedule shall seek to realize the common but differentiated responsibilities specified in UNFCCC, while also furthering the sustainable development of the nation’s environment, economy, and society.
2. The determination of sector-based periodic regulatory goals shall take cost effectiveness into consideration, and strive to achieve GHG reductions at the lowest possible cost.
3. The government shall actively adopt preventive measures, seek to forecast, avoid, or reduce the causes of climate change, to mitigate the adverse effects, and to support just transitions.
4. Dedication to research and development on climate change science and GHG reduction technology.
5. Establish a green financial mechanism and promotion measures, in order to bring about a healthy cycle of investment and pursuit of sustainable industrial development.
6. Enhance the cooperation between central and local authorities, as well as the private and public sectors, to implement educational campaigns and cultivate capabilities of professionals in response to climate change.
7. Actively strengthen international cooperation to ensure the international competitiveness of industries.
Article 7
The competent authorities and industry competent authorities may appoint affiliated agencies, entrust or commission other agencies (organizations) to conduct investigation, verification, consultation, training, and research regarding climate change adaptation and GHG mitigation.