The Greenhouse Gas Reduction and Management Act was amended to become the Climate Change Response Act on February 15, 2023. In conjunction with the amendment of the parent law, the Ministry of Environment (MOENV) amended the Greenhouse Gas Reduction and Management Act Enforcement Rules on December 29, 2023, to become the Climate Change Response Act Enforcement Rules, with 25 articles in total. The rules came into effect on the date of issuance. The MOENV explained that this amendment to the rules mainly supplements the detailed matters of "Chapter 2 Authority and Responsibility of Government Agencies" and "Chapter 3 Climate Change Adaptation" of the Climate Change Response Act, including matters related to the authority and responsibility of central and local competent authorities, evaluation of the documented contents of the related goals towards reduction and adaptation, regular disclosure of performance reports, the improvement of management evaluation, the purpose of adaptation and basic principles, clearly defined information of disclosure and implementation of citizen participation, to facilitate the promotion and implementation of the Climate Change Response Act.
The key points of the revised enforcement rules are as follows:
Addition of Authority and Responsibility for Central and Local Competent authorities
After a review of the additional provisions of the Climate Change Response Act, the number of actions covered in the central competent authority's powers and responsibilities is increased from 13 to 22. This addition includes the review of national GHG reduction and the inspection of climate change adaptation results, review, approval, transfer, and trading of national GHG reduction credits. Moreover, the central authorities now hold responsibilities such as collecting carbon fees on GHG emission sources, managing the GHG Management Fund, overseeing the declaration, review and management of carbon emissions from imported products, and conducting reviews, inspections and calculation of the carbon footprint for products. Additionally, the central authority is tasked with managing high global warming potential GHGs and overseeing carbon dioxide capture and storage, among other responsibilities.
In alignment with the Climate Change Response Act's emphasis on enhancing the role of local governments, the number of actions covered by local authorities has expanded from 3 to 14. This addition includes new responsibilities such as planning and implementing municipal and county (city) climate change response steering groups, revising and implementing climate change adaptation plans, providing assistance in the operation of emission sources within their jurisdiction, inspecting and guiding emission-related facilities, and conducting climate change education and promotion in municipalities, counties (cities). Local authorities are also tasked with assisting Non-governmental organizations (NGOs) with promotion work, conducting personnel training and lectures, as well as overseeing the investigation, guidance, research, and development of climate change adaptation and GHG reduction within their jurisdiction. This expansion also encompasses dialogue between cities, verification and inspection of the carbon footprint for products, and participation in the promotion of climate change response work led by relevant central agencies. These additions aim to reinforce local climate governance.
Clear Definition of Contents for Climate Governance-related Programs, Goals, Plans, and Evaluations
To update regulatory goals every five years in accordance with Article 10 of the Climate Change Response Act, the enforcement rules clearly stipulate that relevant central agencies should engage in the estimation and scenario analysis of GHG emission trends. They should also propose electricity emission coefficients, reduction scenarios for each agency, and estimate contributions and costs. Based on suggestions from NGOs involved in the previewing process, the growth of electricity demand has been added to the list, with a requirement to evaluate its possible impacts. The drafting process is to be enriched through the involvement of a technical advisory group of scholars and experts specified in the Climate Change Response Act, and public hearings should be conducted to gather opinions.
Regarding the reduction action plans of the six major sectors, elements of the national climate actions recommended by the United Nations and international climate agreements should be taken into account. Reference should also be made to the instructions from the 35th Committee Meeting of the National Council for Sustainable Development of the Executive Yuan on August 15, 2023, emphasizing "annual goals, and review and improvement year by year." To implement an annual review and improvement, "evaluation indicators" and "management and assessment mechanisms" are added per Premier Chen Chien-jen’s instruction. Additionally, in response to suggestions from NGOs during the previewing process and considering the new just transition provisions of the Climate Change Response Act, the action programs of each sector should include a "possible impact assessment." This inclusion aims to address the sustainable development of the nation's environment, economy, and society and proactively undertake measures for an early response.
Enhanced Regular Management, Assessment and Review for National Reduction Results
As the nation consistently prepares and publishes a national GHG emissions inventory each year in accordance with international standards, these enforcement rules comprehensively assess the feasibility of the statistical operations of various ministries. Furthermore, their release date has been moved from December 31 to June 30 each year.
The responsibility for reducing GHGs in the nation is shared among six major sectors: energy, manufacturing, transportation, business and residence, agriculture, and the environment. It is crucial to rigorously review and improve the annual results of each sector's action program. The enforcement rules explicitly state that the central competent industry authority shall submit an annual result report before September 30 of each year. In instances where the periodic regulatory goals or evaluation indicators of a sector are not met, improvement measures shall be proposed concurrently. The central competent authority is mandated to submit an annual review report to the Executive Yuan before November 30 of each year, reporting on the implementation status of the periodic regulatory goals.
Furthermore, the local competent authorities' reduction results can also be compiled through the preparation of an annual result report on the reduction implementation program. This report is to be submitted to the municipality and county (city) climate change response promotion committee before September 30 of each year and subsequently made public.
Inclusion of Adaptation Target Principles and Action Program Items
These enforcement rules are formulated in accordance with the resolution attached to the Legislative Yuan's review of the Climate Change Response Act. They supplement the adjustment purposes and basic principles outlined in the dedicated chapter on climate change adaption in the Climate Change Response Act. This includes the imperative that climate change adaptation must be developed based on scientific principles, tailored to local conditions and communities, and should fortify the ability of vulnerable groups to cope with climate impacts. Moreover, it emphasizes the full consideration of the potential impact on human rights.
In addition, new adaptation-related plans should encompass elements such as climate change impacts, scenario setting, and risk assessment, along with goals, strategies, schedules, funding, reviews, and management assessments. These components serve as the foundational framework for governments at all levels to implement effective adaptation actions.
Clear Information Disclosure and Implementation of Citizen Participation
To facilitate public participation, these enforcement rules specify that relevant meeting information should be disclosed to the public before a specified deadline. Apart from the public hearing on the central government’s action programs, which should be announced 10 days before the meeting, NGOs have proposed an addition of procedure such as the local executive plan discussions. The meeting for these discussions should also be disclosed to the public seven days before the event. Furthermore, documents and information related to climate change, as stipulated in the enforcement rules of all levels of government, should be uniformly disclosed on the website designated by the central competent authority. This approach aims to facilitate inquiries from all sectors of society.
For further details regarding the release of this amendment, please refer to the Ministry of Environment’s News Releases to download the attached file (https://enews.moenv.gov.tw/), or visit the Executive Yuan Gazette Information Network three days after the release date (website: http://gazette.nat.gov.tw/egFront/index.jsp) for downloading.
Sources：MOENV
