Law on Climate Change Draft 2

Transcription

1 Law on Climate Change Draft 2 Narin PANARITI DEPUTY TEAM LEADER IBECA project Tirana #

2 A global growing trend for climate legislation 2015 study: Y climate laws and policies Y climate laws and policies at the time of the Copenhagen climate conference Y climate laws and policies when the Kyoto Protocol was agreed 93 per cent of global GHGs, including 46 of the world s top 50 emitting nations, 33 developed and 66 developing countries. 75% of these emissions are now covered by national targets. A call for countries that have not yet passed climate change laws and/or regulations to do so. # Tirana

3 Climate change - EU integration The latest Progress Report on Albania, until pointed out that legislation in the climate area is at an early stage of preparation call for INDC to the 2015 Climate Agreement, consistent with those of the EU and its Member States. developing and adopting a comprehensive climate policy and strategy in line with the expected EU 2030 policy framework on climate and energy As regards alignment with the climate Acquis, legislation has been adopted in the field of fuel quality. Significant efforts are still required to enhance the country s monitoring, reporting and verification capacity. Climate awareness at all levels remains low and cooperation between all relevant stakeholders requires further strengthening

4 Why a LAW on Climate Change? Accession of the UNFCCC on 3 Oct entered into force for RoA on 1 January1995 Accession of the Kyoto Protocol in 1 April entered into force for RoA on 30 June 2005 A law aiming the implementation of the UNFCCC and Kyoto Protocol is missing RoA needs to transpose: EU climate Acquis, different national implementation acts required under UNFCCC or Kyoto Protocol

5 Need for approximation REGULATION 525/2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC At least 8 acts on Greenhouse Gas Monitoring and Reporting At least 24 acts on EU Emissions Trading System At least 1 act on Carbon Capture and Storage At least 5-6 acts on Transport/Fuels At least 11 acts on F-gases At least 1 act on Forests and Agriculture

6 Requirements of the Constitution of RoA Art. 100: CoM approves Decisions upon request of the PM or the ministers Art.118: A by-law shall be issued on the basis of and for implementation of the law. A law shall: authorize the issuance of by-laws, designate the competent organ, the issues to be regulated, and the principles on the basis of which the by-laws are issued

7 Requirements of the Constitution of RoA No specific legislation to serve as legal bases for the acts on climate change. Art.100 of the Constitution satisfied, but art 118 NOT (NDA, INDC, NAMA, Fluorinated gases) interinstitutional cooperation needs to be legally set up for the implementation of the UNFCCC with clear responsibilities monitoring, reporting and verification capacity need to have a sound legal bases INDC Climate awareness at all levels a comprehensive climate policy and strategy

8 Literature review The UNFCCC document and all the Decisions of the 21 COPs Kyoto Protocol EU Acquis on Climate Change Only requirements under UNFCCC and KP for RoA as a non-annex 1 country The fact that RoA has committed lately on INDC The fact that RoA is aspiring and working intensively to start the Accession Negotiations to become an EU MS and comply with all the EU requirements that make sense or are feasible during this pre-accession phase From the Directive 2003/87/EC and its amendments only the requirements related to monitoring and reporting have been transposed. Emission trade can be arranged by specific legislation after RoA has become a MS.

9 Transposition taking place through this law Transposes partially: DIRECTIVE 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community Directive 2004/101/EC amending Directive 2003/87/EC in respect of the Kyoto Protocol s project mechanisms Directive 2008/101/EC amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community Directive 2009/29/EC amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community Creates the legal bases for (separate table): numerous Decisions of the Council of Ministers Ministerial Guidelines

10 Structure of the law A frame law on Climate Change 6 chapters, 49 articles, 7 sections CHAPTER I - General Provisions: Purpose, Scope, Definitions, and Principles CHAPTER II - Mitigation and adaptation Section 1: GHG emissions from stationary installations Section 2: GHG emissions from transport sector Section 3: GHG emissions from other sectors Section 4: GHG emissions from the use of certain products Section 5: Removal of GHG emissions by sinks Section 6: Strategies for mitigation and adaptation Section 7: Measurement, reporting and verification (MRV)

11 Structure of the law CHAPTER III - Competent authorities CHAPTER IV- Capacity building, education, training, public awareness and participation CHAPTER V - Green investments and Financing CHAPTER VI - Final provisions

12 GHGs under this law Carbon dioxide (CO 2 ) Nitrous Oxide (N 2 O) Perfluorocarbons (PFCs) Methane (CH 4 ) Sulphur Hexafluoride (SF 6 ) Nitrogen trifluoride (NF3) (Doha) Hydrofluorocarbons (HFCs)

13 Purpose of the law Fulfill the national obligations under UNFCCC to the achievement of the ultimate objective of stabilization of GHG at a level that would prevent dangerous anthropogenic interference with the climate system Mitigate the country s GHG emissions, maintain and enhance carbon sinks and reservoirs Adapt to climate change at the national and/or local level.

14 Scope of the law actions on mitigation and adaptation, at national and international level, the related measurement/monitoring, reporting and verification. SECTORS: energy, industry, solvent and other products use, agriculture and forestry, Waste, and transport

15 Definitions and principles Definitions UNFCC Kyoto protocol EU directives Law on Environmental Protection, Environmental permitting Principles Principle of common but differentiated responsibilities. Precautionary principle. Principle of efficiency. Principle of integration. Principle of sustainable development. Principle of international cooperation and funding.

16 Env. Permit inclusive of GHG emissions Requirements/conditions in the environmental permit regarding GHG emissions Operators and aircraft operators listed in the annex of the law cannot carry on with their activities unless being issued a GHG permit Information to be included in an application for a GHG emissions permit the installation and its activities, including the technology used; the raw and auxiliary materials, the use of which is likely to lead to emissions of gases listed in Annex I; the sources of emissions of gases from the installation listed in Annex II, part A; and the measures planned to monitor and report emissions in accordance with the relevant regulation

17 Env. Permit inclusive of GHG emissions Conditions for the granting environmental permit inclusive of the GHG emissions operator is capable of monitoring and reporting emissions, as per the requirements of the regulations NEA shall publish the list of installations in the territory of RoA that are included in annex II Part A. Verification and accreditation CoM, upon proposal of the minister, shall approve the regulation for the verification of emission reports and the accreditation of verifiers.

18 CO 2 emissions from International aviation Each aircraft operator with a valid operating licence granted by the ministry in charge of transport for the flights, which depart from or arrive in an aerodrome situated in the territory of the RoA, shall submit to NEA a monitoring plan for the CO 2 emissions setting out measures to monitor and report emissions and tonne-kilometre data.

19 CO 2 emissions from international shipping Measures to control and/or reduce GHG emissions from international shipping include those for: Monitoring, Reporting and Verification of CO 2 emissions and of other relevant information from ships Ship Operational Energy Efficiency Ship Energy Efficiency Management Plan Ship Fuel Management Plan

20 CO 2 emissions from road transport activities Decisions on the: monitoring and reporting of data on the registration of new passenger cars, relevant for the estimate of reduction of CO2 emissions from light-duty vehicles monitoring and reporting of CO2 emissions from new passenger cars, and monitoring and reporting of CO2 emissions from new light commercial vehicles Minister approves Decision on the Availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger

21 GHG emissions from other sectors and products GHG emissions from other sectors: Energy & Construction GHG emissions from the use of certain products: biofuels, ODS, F-gases

22 Removal of GHG emissions by sinks Forest and agriculture (Land use, land-use change and forestry) The LGUs shall inform annually the MoE about deforestation and forest degradation. MoE shall keep record of areas subject to deforestation and forest degradation due to agricultural expansion, conversion to pasture, infrastructure development, destructive logging and fires. DCM on the accounting rules for afforestation, reforestation, deforestation and forest management, as well as for the activities of grazing land management and cropland management.

23 Removal of GHG emissions by sinks Carbon dioxide capture and geological storage reduce such emissions by capturing and storing carbon dioxide in geological formations underground which fulfill the criteria assessment of the storage capacity available in parts or in the whole of the territory of the RoA exploration permit from the minister in charge of mining DCM on conditions and criteria for the selection of storage sites and for the issuance of exploration permits. DCM on the rules for the geological storage of carbon dioxide. Rules for the approval of appropriate installations, sites and infrastructure for capture, pressure, transport, injection and storage of GHGs into the geological formations underground are set in this legislation and its related by-laws and in the law on environmental protection, on EIA and on environmental permitting.

24 Strategies for mitigation and adaptation Intended Nationally Determined Contribution (INDC) Low Carbon Development Strategies (LCDS)/Climate Change Mitigation Strategy Nationally Appropriate Mitigation Actions (NAMAs) National Adaptation Strategy and Plan (NAP)

25 Measurement, reporting and verification (MRV) domestic measurement or estimation, reporting at both national and international level and verification at both national QA/QC and international oversight of emissions/removals or other performance metrics set in the emission permits, GHG inventories, NAMAs, NCs and BURs, and their related reporting.

26 Measurement, reporting and verification (MRV) MRV: for emissions, action and support. A bottom up system DCM on Monitoring and reporting GHG emissions and other information relevant to climate change at the national level: specific responsibilities in the MRV system of the line ministries. National Communications (NC) and Biennial Update Reports (BURs)

27 Competent authorities MoE - focal point to the Convention and the institution responsible for the overall coordination and management of the MRV system, including the process of and the preparation of National Communications and BURs. All the line ministries and LGUs shall ensure the mainstreaming of climate change mitigation and adaptation into the national, sectoral, local development plans, programs and projects;

28 The areas of state responsibility energy industries, manufacturing industries, construction, fuels, mining and geology, forests, agriculture and husbandry, water management, waste management, health, transport, infrastructure (including road and railroad infrastructure, ports, airports, pipelines, dikes, water and sewerage), urban planning, land management, tourism, education, natural emergencies and disasters.

29 National Guidelines /Regulations National Communications and Biennial Update Reports shall establish the national procedures for collecting, processing, reporting and archiving required data and information that are operational in a sustainable manner and on a continuous basis. Such document may elaborate in more details the duties and responsibilities of the line ministries.

30 Specific by-laws which continue to be effective DCM No.1553, dated On the establishment of the National Designated Authority under the Clean Development Mechanism, in the frame of the Kyoto Protocol shall continue to be in power as if approved based on article...of this law. Prime Minister Order No. 155, dated On establishment and functioning of the inter ministerial working group in the field of climatic change shall continue to be in power as if approved based on article... of this law. DCM No. 762, dated On the approval of the document for the Intended National Determined Contribution for the achievement of the objectives of UNFCCC shall continue to be in power as if approved based on article... of this law.