100 OG. No. 37, 6093 (Sept. 13, 2004)
WHEREAS, climate change is a growing global concern
that is causing damages to the ecosystems and resulting in natural
calamities such as El Niño and La Niña, especially for low-lying
vulnerable countries with fragile ecosystems like the Philippines;
WHEREAS,
the United Nations Framework Convention on Climate Changes (UNFCCC) and
the Kyoto Protocol, both signed and ratified by the Philippines with
the Department of Environment and Natural Resources as the focal agency,
provide for the reduction in the emission of harmful gases in the
atmosphere like carbon dioxide and methane, known as "greenhouse gases";
WHEREAS,
the Kyoto Protocol created the Clean Development Mechanism (CDM),
whereby projects that will prevent or absorb greenhouse gases may be
established in developing countries like reforestation, use of renewable
energy, etc., with the carbon emission to be prevented or sequestered
to be purchased by developed countries in compliance with the provisions
of UNFCCC and Kyoto Protocol;
WHEREAS, participation by the
Philippines in the CDM will provide numerous benefits in terms of
foreign investment in CDM projects, employment and income opportunities,
establishment of ecologically-friendly projects that will contribute to
healthier environment, technology transfer and income from carbon
purchases by the developed countries; and
WHEREAS, the Marrakesh
Accord, adopted in Marrakesh, Morroco in November 2001, provides for the
setting up of a National Authority for CDM in participating countries
that will act as the focal point for CDM matters and approving authority
for CDM projects.
NOW, THEREFORE, I, GLORIA MACAPAGAL - ARROYO,
President of the Philippines, by virtue of the powers vested in me by
law, do hereby designate the Department of Environment and Natural
Resources (DENR) as the National Authority for Clean Development
Mechanism (CDM).
SECTION 1. Powers and Functions. The National Authority for Clean Development Mechanism shall have the following powers and functions:
a. Formulate and develop a national Clean Development Mechanism policy.
b. Develop the criteria, indicators, standards, systems and procedures, and evaluation tools for the review of CDM projects
c. Undertake the assessment and approval of CDM projects that will be submitted to the UNFCCC and Kyoto Protocol.
d. Monitor the implementation of CDM projects, and
e. Perform other functions that are related to and in pursuance of the development of CDM.
SEC. 2. Creation of Technical Evaluation Committees.
The National Authority is hereby authorized to create Technical
Evaluation Committees necessary for the efficient and effective
implementation of its functions. The Department of Energy shall take
the lead role in the evaluation of energy-related projects. All
Departments, agencies and instrumentalities of Government are hereby
directed to provide the necessary support and assistance to the National
Authority.
SEC 3. Promulgation of Rules and Regulations.
The National Authority shall, within one hundred and twenty (120) days
from the issuance of this Order, promulgate the necessary rules and
regulations to effectively carry out its functions provided herein. In
the interim, the existing procedure for the approval of CDM projects
proposals shall continue to be enforced.
SEC. 4. Repealing Clause.
All orders, rules and regulations and issuances or parts thereof which
are inconsistent with this Executive Order are hereby repealed, amended
or modified accordingly.
SEC. 5. Effectivity. This
Executive Order shall take effect immediately, and upon filling with the
University of the Philippines Law Center of the Rules and Regulations
issued pursuant to Section 3 hereof.
Adopted: 25 June 2004
(SGD.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
By the President:
(SGD.) ALBERTO G. ROMULO
Executive Secretary