Kenya passes carbon markets law

Market: Emissions
04/09/23

Kenya has passed a new Climate Change Act that will provide a basis for the country's activities in international carbon markets.

The country's amended Climate Change Act has been welcomed as a prerequisite for Kenya getting involved in activities under Article 6 of the Paris climate agreement, Zurich-based carbon markets consultant Mischa Classen said.

Article 6 broadly provides for either bilateral trade of carbon credits between host and buyer countries (Article 6.2), or a global carbon credit trading mechanism, essentially a successor to the Kyoto Protocol's clean development mechanism (Article 6.4).

Under Kenya's new Climate Change Act, the environment ministry's cabinet secretary "may enter into a bilateral or multilateral agreement with another state party to trade carbon for emissions reductions and removals". The new law stipulates that the cabinet secretary may also enter an agreement with a private entity to offset carbon emissions, for which they would need cabinet approval.

The new law also tasks the secretary with a range of new responsibilities, such as advising on the carbon budget for trading "based on Kenya's international obligations" and approving international transfers of mitigation outcomes (ITMOs) and emissions reduction based on advice from the climate change directorate. The secretary will approve the measurement, reporting and verification of greenhouse gas emissions, as well as appoint the designated national authority for market mechanisms and "any other mechanisms arising out of Article 6 of the Paris agreement".

The new law also strengthens the position of Kenya's climate change directorate in oversight and decision making. And it introduces the concept of a "community development agreement", under which land-based projects such as forestry and agriculture share at least 40pc of their combined earnings with the community. In the case of non-land-based projects, the minimum contribution is 25pc.

But the law is vague on certain issues, so it is crucial that the related regulations be passed rapidly to provide more clarity, Classen said. For instance, the law makes little direct mention of Article 6 and does not unambiguously specify who should authorise ITMOs for specific uses, or who is responsible for the underlying criteria for authorising a project to go under Article 6 with a corresponding adjustment.

Classen cautioned that the strong position envisaged by the cabinet secretary and the absence of cross-ministerial decision-making bodies might cause friction with other ministries. The ministry of transport, for instance, will be affected by project authorisations pertaining to the transport sector.

By Chloe Jardine

Related news posts

Argus illuminates the markets by putting a lens on the areas that matter most to you. The market news and commentary we publish reveals vital insights that enable you to make stronger, well-informed decisions. Explore a selection of news stories related to this one.

News

21/11/24

Brazil's Bndes approves $1.2bn in Climate Fund spending

Sao Paulo, 21 November (Argus) — Brazil's Bndes development bank approved spending $1.2bn of the Climate Fund in the second and third quarters to finance climate change mitigation projects. The projects that received funding — equal to about 70pc of the fund's total — will prevent 3.3mn metric tonnes (t) of CO2 equivalent/yr, according to Bndes. That would be 16 times more CO2 avoided than the 204,000 t from projects approved in the same period last year. In 2023 the fund released $176mn to 27 projects, most of them being renewable energy projects. The funds will go toward wind energy and biogas projects, urban mobility, bus fleet electrification and light rail transportation, as well as to finance green industries and native forest projects. Interest in developing Brazil's sustainable fuels market is growing, Bndes president Aloizio Mercadante said. "For this reason, we must at least double the resources of the Climate Fund as it is outlined in next year's federal budget," he said. One of several instruments of Brazil's climate change policy, the Climate Fund is linked to the environment ministry and is administered by Bndes. It was created in 2009 and uses resources from oil and natural gas exploration to mitigate and combat climate change. By Maria Frazatto Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

Find out more

News

Cop: Developing countries reject new finance draft

21/11/24

News

21/11/24

Cop: Developing countries reject new finance draft

Baku, 21 November (Argus) — Developing countries have expressed discontent with the climate finance draft text released today and continue to stick to their initial positions in negotiations at the UN Cop 29 climate summit, in Baku, Azerbaijan. The Cop 29 presidency earlier today released a new draft text on the key issue of climate finance for developing countries , but entrenched positions remain with no progress on an amount. Countries must agree on a new collective quantified goal (NCQG) — a new climate finance target — building on the $100bn/yr that developed countries agreed to deliver to developing countries over 2020-25. Parties such as the group of 77 (G77) and China, Pakistan and Kenya — on behalf of the African Group of Negotiators — today responded with disappointment at the lack of an amount for finance. They are calling for a figure close to 1.3 trillion/yr in provided and mobilised finance, an amount that has long been pushed forward by developing countries. Developed countries have not indicated a number . "We cannot talk about a lower or higher number because there is no number," said Colombia's environment minister Susana Muhamad. The country seeks to end the country's dependence on fossil fuels , while promoting a transition to clean and renewable energy, but has long said that it is lacking the financial means to do so. The finance goal "is not an investment goal, but there remains text on investment flows," complained the G77 and China group. China's representative emphasised that the text should not "cherry-pick single paragraphs" from the Cop 28 deal, as developed countries seek to add language on fossil fuels agreed in Dubai last year. The finance text should duplicate accurately and fully the wording of the Paris Agreement, they said. China also reiterated that the finance goal is for developed countries to honour their obligations. The country pointed out that although it has provided 177bn yuan ($24.5mn) since 2016 in support of developing countries, "the voluntary support" of the global south is not part of the goal. It is different in nature from the obligation of developed countries to provide financial resources, the Chinese negotiator said. UN secretary general Antonio Guterres today urged parties to "soften hard lines" and focus on the bigger picture. "Finance is not a hand-out… it's a downpayment on a safer, more prosperous future for every nation on earth." "The time to repeat initial positions has come to an end, and parties should find areas of possible compromise," he said. The summit is scheduled to end on 22 November, but many participants said it is likely to overrun. By Prethika Nair and Georgia Gratton Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

News

Cop: EU, four countries commit to 1.5°C climate plans

21/11/24

News

21/11/24

Cop: EU, four countries commit to 1.5°C climate plans

Baku, 21 November (Argus) — The EU, Canada, Mexico, Norway and Switzerland have committed to submit new national climate plans setting out "steep emission cuts", that are consistent with the global 1.5°C temperature increase limit sought by the Paris Agreement. The EU and four countries made the pledge at the UN Cop 29 climate summit in Baku, Azerbaijan today, and called on other nations to follow suit — particularly major economies. Countries are due to submit new climate plans — known as nationally determined contributions (NDCs) — covering 2035 goals to the UN climate body the UNFCCC by early next year. The EU, Canada, Mexico, Norway and Switzerland have not yet submitted their plans, but they will be aligned with a 1.5°C pathway, EU climate commissioner Wopke Hoekstra said today. The Paris climate agreement seeks to limit the global rise in temperature to "well below" 2°C and preferably to 1.5°C. Canada's NDC is being considered by the country's cabinet and will be submitted by the 10 February deadline, Canadian ambassador for climate change Catherine Stewart said today. Switzerland's new NDC will also be submitted by the deadline, the country's representative confirmed. Pamana's special representative for climate change Juan Carlos Monterrey Gomez also joined the press conference today. Panama, which is designated as carbon negative, submitted an updated NDC in June. It is planning to submit a nature pledge, Monterrey Gomez said. "It is time to streamline processes to get to real action", he added. The UK also backed the pledge. The UK announced an ambitious emissions reduction target last week. The UAE — which hosted Cop 28 last year — released a new NDC just ahead of Cop 29, while Brazil, host of next year's Cop 30, released its new NDC on 13 November during the summit. Thailand yesterday at Cop 29 communicated a new emissions reduction target . Indonesia last week said that it intends to submit its updated NDC ahead of the February deadline, with a plan placing a ceiling on emissions and covering all greenhouse gases as well as including the oil and gas sector. Colombia also indicated that its new climate plan will seek to address fossil fuels, but it will submit its NDC by June next year . By Georgia Gratton Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

News

Cop: EU says finance draft text not acceptable

21/11/24

News

21/11/24

Cop: EU says finance draft text not acceptable

Baku, 21 November (Argus) — The latest draft of the text on climate financing presented at the UN Cop 29 climate summit is not ambitious enough on mitigation — reducing emissions — and "clearly unacceptable," EU energy commissioner Wopke Hoekstra said today. Parties must agree at Cop 29, in Baku, Azerbaijan, on a new collective quantified goal (NCQG) — a new climate finance target — building on the $100bn/yr that developed countries agreed to deliver to developing countries over 2020-25. The text is the main outcome for the summit. "What we had on our agenda was not just to restate the [Cop 28] consensus but actually to enhance that and to operationalise that," but the text goes in the opposite direction, Hoekstra said. Parties to last year's Cop 28 summit in Dubai made an historic pledge to "transition away" from all fossil fuels. The EU has warned against any backsliding on this pledge . "We cannot accept the view that the previous Cop did not happen," Hoekstra said. A draft text on the mitigation work programme — a process that focuses on emissions reduction — was released by the Cop 29 presidency in the early hours of this morning. It does not mention phasing out or reducing fossil fuels in energy systems, or reference the agreement reached on the latter point at Cop 28 last year. Hoekstra indicated today's text does not provide enough clarity to allow the EU to put a concrete number on the amount of climate finance that should be available. The bloc has insisted the final number for climate financing can come only when other elements, including the structure and contributor base, are settled. But recipient country groups such as the G77 and Like-Minded Developing Countries (LMDC) groups have expressed impatience at the lack of a concrete number. Minor bright spots in the numerous draft texts released overnight include those on Article 6, which governs international carbon credits, Hoekstra said. But the commissioner is "sure there is not a single ambitious country who thinks this is nearly good enough." By Rhys Talbot Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

News

Cop: Talks on Article 6 near final agreement

21/11/24

News

21/11/24

Cop: Talks on Article 6 near final agreement

Washington, 21 November (Argus) — Negotiators at the UN Cop 29 climate summit in Baku, Azerbaijan, appear close to a final agreement on the details of an international carbon market under the Paris Agreement. The ministers leading the final discussions on 21 November released updated texts for Article 6.2 and Article 6.4 of the accord that attempt to bridge the gap on remaining issues. It is not yet clear if these are the final texts, but any work left may only involve some "small tweaks", International Emissions Trading Association (Ieta) international policy director Andrea Bonzanni said. Those two sections of the Paris Agreement govern how countries can use carbon credits to meet their greenhouse gas (GHG) emissions-reduction pledges, known as nationally determined contributions (NDCs). Article 6 aims to help set rules on global carbon trade. EU energy commissioner Wopke Hoekstra called Article 6 one area of the talks "where at least the text is a bit encouraging." "We've always been pleading for more progress on Article 6," he said. "We've stressed the tremendous importance of transparency, predictability, credibility of these items." On the key issue of the Article 6 credit registry, the text reflects the idea of a "dual layer" approach that Singapore environment minister Grace Fu suggested on 20 November . The text calls for the creation of a registry to issue and trade credits that would be run by the UN and would be separate from the Article 6 registry, which would only serve an accounting function. "It looks like they managed to make both sides happy," Bonzanni said. The text also says that the inclusion of any emissions credits — known as internationally transferable mitigation outcome (Itmo) units — in the UN registry does not represent any sort of validation of their environmental integrity, in response to concerns raised by the US and others. "There was a concern that if the Itmos are in a UN registry, they may be seen as automatically having legitimacy or UN endorsement," Bonzanni said. The US should be happy with that language, he added. But the EU got only some of what it has sought over the past year. Most notably, the latest text does not include a definition of a "cooperative approach," essentially what it means for countries to buy and sell emissions units under Article 6. An earlier draft of the text included a definition, but there were concerns that it "could have restrained the markets significantly" and created confusion around certain requirements for when countries authorise Itmos, Bonzanni said. "I believe the presidency did a good job by making tough calls." Ieta is not happy with everything in the text, but at the same time "there is nothing harmful" to trading in it, Bonzanni said. By Michael Ball Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

Business intelligence reports

Get concise, trustworthy and unbiased analysis of the latest trends and developments in oil and energy markets. These reports are specially created for decision makers who don’t have time to track markets day-by-day, minute-by-minute.

Learn more