| Legislative： |
1.Promulgated on August 8, 1980
2.Amended on January 31, 1991
3.Amended on April 26, 2000
4.Amended on January 30, 2002
5.Amended on July 8, 2009
6.Amended on November 30, 2016 |
| Content： |
Chapter 1: General Principles
Article 1
This Act is hereby promulgated to serve the purpose of upgrading
energy administration aimed at rational and efficient utilization
of energy.
In order to ensure the stable and safe supply of energy, as well as
taking into consideration environmental impact and economic
development, the central Competent authority shall draft the
Energy Development Guidelines which shall be subject to
approval by the Executive Yuan for implementation.
Article 2
The term "energy" as used in this Law shall include:
1. Petroleum and its products.
2. Coal and its products.
3. Natural gas.
4. Nuclear fuel.
5. Electrical energy.
6. Other items designated by the central Competent authorities
as a form of energy..
Article 3
The term "Competent authority" as used in this Law shall denote
the Ministry of Economic Affairs at the central level; the municipal
government at the municipal level; the county/city government at
the county/city level.
Article 4
The term "Energy supply enterprise" as used in this Law shall
denote the enterprises involved in the importation, exportation,
production, transportation, storage and sale of energy.
Article 5
The central Competent authority may establish a special fund
for research and development of energy together with a project
plan for purpose of enhancing research and development of energy
in accordance with the Budget Law.
The foregoing special fund shall serve the following purposes:
1. Research and development of technology relevant to exploitation
of energy resources and alternative energies.
2. Research and development relevant to technology and methodology
for the rational and efficient use of energy as well as energy
conservation.
3. Economic analysis and collection of information on energy.
4. Training of experts in energy planning and technology.
5. Other expenses as approved.
Incentives or subsidies may be granted to the juristic person or
individual whose engagement in research under subsection 1 and
2 of the preceding paragraph proves to be highly practical.
The central Competent authority shall submit to the Legislative
Yuan the annual report on the effectiveness in carrying out the
energy research and development plan and of the use of the special
fund.
Article 5-1
The sources of the Energy Research and Development Fund are as
follows:
1. Contribution of the vertical integrated utilities, oil refinery industry
and oil importer at a percentage of their income generated from the
energy business.
2. Interest income on the Fund.
3. Energy Technical service fees, royalties, remuneration and other
associated income.
The contribution mentioned in subsection 1 of the preceding
paragraph shall be collected in a number not exceeding half of one
percent (0.5%) of the income of the vertical integrated utilities, oil
refinery industry and oil importer generated from their energy
business as determined by the central Competent authority.
Enterprises depicted in subsection 1 of paragraph 1 hereof that
have paid into the electrical energy or petroleum fund as provided
by other laws are exempted from making contribution to the
Energy Research and Development Fund.
Chapter 2: Energy Supply
Article 6
The operation of energy business by Energy supply enterprise
shall comply with the regulations governing the energy adjustment,
restrictions, and prohibition stipulated by the central Competent
authority.
The operation of energy business shall not be engaged in the
importation, exportation, production and sale of energy products
designated by the central Competent authority without approval.
The regulations governing approval in the preceding paragraph
shall be stipulated by the central Competent authority and further
submitted to the Legislative Yuan for enactment.
Article 7
When the operation of energy business by Energy supply enterprise
reaches the standard set up by the central Competent authority,
the said enterprise shall proceed with the following matters in
accordance with the regulations of the central Competent authority:
1. Submission of operation data.
2. Establishment of energy storage facilities.
3. Storage of security stockpile.
The enterprise which has established energy storage facilities in
conformity with subsection 2 of the preceding paragraph shall be
entitled to an incentive for the 2-year accelerated depreciation
for the purpose of levy on the profit-seeking enterprise income
tax. If the storage facilities have not been completely depreciated in
2 years, the depreciation may be made for one more year or the
year-after-year depreciation according to the service life specified in
Income Tax Law untill full depreciation has been made.
Chapter 3: Utilization and Audit of Energy
Article 8
The utilization and efficiency of the lighting, power, electric
heating, air conditioning, refrigerating facilities or other energy
consuming facilities used by existing energy users designated
by central Competent authority shall comply with the energy
conservation regulations promulgated by the central Competent
authority.
The regulations on the designation of energy users, types of energy
consuming facilities, energy conservation and the efficiency of
energy consumption as mentioned in the preceding paragraph shall
be announced by the central Competent authority.
Article 9
The energy user whose energy consumption meets the level
stipulated by the central Competent authority, shall establish its
own energy audit system and set objectives for energy conservation
and execution which shall be carried out upon approval by the central
Competent authority.
Article 10
The energy user whose steam generation meets the level stipulated
by the central Competent authority, shall install cogeneration
equipments.
Where the effective thermal ratio and total thermal efficiency of
the cogeneration equipments installed by the energy user meet the
levels stipulated by the central Competent authority, the energy
user may request the local vertical integrated utilities to purchase
its excess electricity and supply backup electricity needed for its
system maintenance or breakdown. Unless with justified reasons
and approval of the central Competent authority, the local vertical
integrated utilities shall not refuse such request.
Measures regarding the standard and verification of the rates for the
purchase of excess electricity, effective thermal ratio and total
thermal efficiency of the cogeneration equipments mentioned in
the preceding paragraph, as well as measure regarding matters
such as the parallel connection between the energy user who
intalled cogeneration equipments and the vertical integrated utilities,
the method of purchasing electrical energy, the purchasing rates
for electrical energy and backup electrical energy, as well as the
execution duration of the obligation to purchase excess electricity
shall be stipulated by the central Competent authority.
Article 11
The energy user whose energy consumption meets the level
stipulated by the central Competent authority, according to the
energy consumption brackets, shall employ or mandate certain
number of technicians or qualified energy administrators to
execute the affairs promulgated by the central Competent authority
in Article 8, 9 and 12.
The regulations on energy consumption brackets; number,
qualifications, training of the technicians or qualified energy
administrators; the acquirement procedure, qualifications,
withdrawal, revocation, verification, administration of the
qualification certificates and other matters for compliance in
the preceding paragraph, shall be stipulated by the central
Competent authority.
Article 12
The energy user whose energy consumption meets the level
stipulated by the central Competent authority, shall report energy
consumption data to the central Competent authority.
The categories, quantities, items, efficiency, period and methods
for the submission of energy consumption which shall be reported
by the energy user in the preceding paragraph, shall be announced
by the central Competent authority.
Article 13
(Deleted)
Article 14
The enterprise who manufactures or imports the energy
consuming facilities or apparatus which are designated by the
central Competent authority for domestic use, the energy
efficiency of the aforesaid facilities or apparatus shall comply
with the standards of permissible energy consumption stipulated
by the central Competent authority and shall be provided with
a nameplate which indicates the energy consumption and its
efficiency.
The energy consuming facilities or apparatus failing to comply
with the standards of permissible energy consumption in the
preceding paragragh, shall not be imported or sold in the domestic
market.
The energy consuming facilities or apparatus failing to comply
with the indication regulation in paragraph 1, shall not be exhibited
or sold in the domestic market.
The regulations on the types, the standards of permissible energy
consumption and its inspection procedures, and the indication
particulars, methods and inspection procedures of energy
consumption and its efficiency of the energy consuming
facilities or apparatus mentioned above in paragraph 1, shall
be announced by central Competent authority.
Article 15
The enterprise who manufactures or imports the vehicles
which are designated by the central Competent authority for
domestic use, the energy efficiency of the aforesaid vehicles
shall comply with the standards of permissible energy consumption
stipulated by the central Competent authority and shall be provided
with a nameplate which indicates the energy consumption and its
efficiency.
The vehicles failing to comply with the standards of permissible
energy consumption in the preceding paragragh, shall not be
imported or sold in the domestic market.
The vehicles failing to comply with the indication regulation in
paragraph 1, shall not be exhibited or sold in the domestic market.
The regulations on the standards of permissible energy consumption,
the indication particulars, methods, inspection procedures, and the
granting, withdrawal, revocation, administration of certificates and
other matters of the energy consumption and its efficiency of the
vehicles shall be promulgated by the central Competent authority in
conjunction with the central traffic competent authority.
Article 15-1
The central Competent authority shall promulgate regulations
governing the assessment of energy development and utilization
on the national energy supply volume and efficiency in different
periods and areas according to the energy development guidelines
in paragraph 2 of Article 1, as the reviewing standards of the domestic
energy development and utilization.
Article 16
The energy user of massive investment and production plan who
establishes or expands the energy consumption facilities which
energy consumption causes significant influence on the total national
energy supply and demand as well as structure or regional energy
balance, prior to establishment or expansion, shall provide energy
utilization manual for the approval of central Competent authority
through local authorities which accept such application.
Prior to granting approval , the central Competent authority shall
review the consumption volume, category, efficiency and location
of the energy user in accordance with the regulations governing the
assessment of energy development and utilization provided in the
preceding article.
The energy user shall execute its plan on energy consumption, category,
efficiency and facility location in accordance with the conclusions of
the review in the preceding paragragh; and the central Competent
authority shall periodically follow up with such execution.
The scope of applied energy users, forms of energy utilization manual
and essential particulars in paragraph 1 shall be announced by the
central Competent authority.
Article 17
The energy conservation standards on the design and construction
of new buildings shall be promulgated by the competent authorities
of building construction administration in conjunction with the central
Competent authority.
Article 18
The energy user with central air conditioning systems installed shall
be equipped with independent electric meter and circuit for such
systems, provided its capacity of the refrigerating unit exceeds the
level stipulated by the central Competent authority.
To facilitate the power consumption management of central air
conditioning systems, a vertical integrated utility may adopt
differential rates, subject to the approval of the central Competent
authority.
Rules governing the electric meter, submeters, circuit layout, types
of cable used and metering specifications of the air conditioning
systems installed by the energy user, shall be stipulated by the
central Competent authority.
Article 19
The central Competent authority may prescribe regulations
governing the energy control, restriction and distribution subject
to approval by the Executive Yuan for implementation when energy
is in short supply,.
Article 19-1
The central Competent authority may send staffs or mandate
professional institutions or technicians to inspect the energy
user and the manufacturer, importer or seller of energy consumption
facilities, apparatus or vehicles, and request for relevant
information. The energy user, manufacturer, importer and seller
shall not evade, impede or refuse such inspection or request.
When executing inspection stated in the preceding paragragh,
the inspector shall initiatively show the relevant certificate or
symbol of sufficient identification for the performance of his
duties .
The regulations governing application, granting, withdrawal,
revocation and charge of authentication to the professional institutes
or technicians in paragraph 1 shall be promulgated by the central
Competent authority.
Chapter 4: Penalties
Article 20
Where Energy supply enterprise violates regulations stipulated
by the central Competent authority under paragraph 1 of Article 6,
the Competent authority shall notify the said enterprise for remedies
within a specific deadline. If the enterprise fails to remedysuch
violation within the said deadline, the enterprise shall be fined
NT$15,000 to NT$150,000 and will be ordered once again for
remedies within a specific deadline. Where the enterprise still
fails to remedy by the second notified deadline, the penalty shall
be doubled and the enterprise may be suspended from business
activities or ordered to close down business. Where the enterprise
still fails to remedy after the Competent authority has doubled the
penalty, the responsible person of the enterprise shall be sentenced
to no more than one year imprisonment, short-term imprisonment
and/or a fine of no more than NT$300,000.
Article 20-1
The responsible person of an enterprise engaged in importation,
exportation, production and sale of energy products designated
by the central Competent authority without approval shall be
sentenced to no more than one year imprisonment, short-term
imprisonment and/or a fine of no more than NT$300,000.
Article 21
For the following violations, the Competent authority shall
notify the enterprise for improvements within a specific
deadline. Enterprise who fails to improve by the deadline shall
be fined NT$20,000 to NT$100,000 and will be ordered onec
again to improve within a specific deadline. Where the enterprise
still fails to carry out improvements by the deadline the penalty
shall be doubled per violation :
1. Failure to submit or making of false presentation in reporting
operation data pursuant to subsection 1, paragraph 1 of Article 7.
2. Failure to employ or mandate technician or qualified energy
administrator to execute business stipulated by the central
Competent authority pursuant to paragraph 1 of Article 11.
3. Failure to report or making of false presentation in reporting
data on energy consumption pursuant to paragraph 1 of Article 12.
4. Failure to indicate or indicates falsely the energy consumption
or its efficiency pursuant to paragraph 1 of Article 14 or paragraph 1
of Article 15.
5. Exhibiting or selling of energy consuming facilities, apparatus or
vehicles not labelled according to laws and regulations pursuant to
paragraph 3 of Article 14 or paragraph 3 of Article 15.
Article 22
Where the Energy supply enterprise violates subsection 2 or 3,
paragraph 1, Article 7 by failing to establish energy storage facilities
or maintain storage of security stockpile, the Competent authority
shall notify the said enterprise for remedies within a specific
deadline. If the enterprise fails to remedy within the said deadline,
the enterprise shall be fined NT$150,000 to NT$600,000 and will
be ordered to remedy once again within a specific deadline. Where
the enterprise still fails to remedy by the second specified deadline,
the penalty shall be doubled.
Article 23
Where an energy user fails to observe the regulations for energy
utilization and efficiency stipulated by the central Competent
authority in line with Article 8, the central Competent authority
shall notify the user to improve or renew its facilities by a
deadline. The user who fails to comply with such notice shall be
fined NT$20,000 to NT$100,000 and required to make such
improvement or renewal once again within a specific deadline. Where
the enterprise still fails to improve or renew its facilities within the
said deadline, the penalty shall be doubled per violation.
Article 24
For the following violations, the Competent authority shall notify
the said enterprise for remedies within a specific deadline. If the
enterprise fails to remedy by the said deadline, the enterprise shall
be fined NT$30,000 to NT$150,000 required to remedy once again
by a specific deadline. Where the enterprise still fails to make such improvements by a specific deadine, the penalty shall be doubled
per violation:
1. Failure to establish an energy audit system or set up or execute
energy conservation objectives and plan pursuant to Article 9.
2. Failure to install cogeneration equipments pursuant to paragraph 1
of Article 10.
3. Violation of the prohibition on importation or sale in domestic
market pursuant to paragraph 2 of Article 14 or paragraph 2 of
Article 15.
4. Violation of paragraph 3 of Article 16 by exceeding energy
consumption volume or failing to meet the energy category and
efficiency.
5. Violation of paragraph 1 of Article 19-1 by evading, impeding,
or refusing the inspection or request of providing information
conducted by the central Competent authority.
6. Violation of the regulations stipulated under paragraph 3 of
Article 19-3.
Article 25
Where the energy user violates paragraph 1 of Article 16 by
engaging in establishment or expansion, projects without approval
of the Competent authority, the central Competent authority may
order the violator to stop importing of energy or order the Energy
supply enterprise to suspend energy supply.
Article 26
Where the energy user fails to comply with energy conservation
standard pursuant to Article 17, the Competent authority may suspend
energy supply.
Article 27
Anyone failing to observe provisions governing energy control,
restriction and distribution stipulated by the central Competent
authority pursuant to Article 19, the Competent authority shall
notify the said enterprise for remedies within a specific deadline. If
the enterprise fails to remediy within the said deadline, the enterprise
shall be fined NT$15,000 to NT$150,000 and suspended of energy
supply.
Article 28
(Deleted)
Chapter 5: Supplementary Provisions
Article 29
The enforcement rule of this Act shall be stipulated by the central
Competent authority and subject to approval by the Executive Yuan.
Article 30
This Act shall enter into force as of the date of promulgation. |