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International Emissions Trading - A Guide Through A Sea Of Acronyms
Prepared By Alicia Backman-Beharry

The content of this article is intended to be informational only. We caution you against using or relying upon any information contained in this article without first seeking legal advice regarding your particular matter. All matters arising from the use of our website, including this article, shall be governed by Alberta law and shall be within the exclusive jurisdiction of the courts of Alberta.

Who -- present and future players

Annex I Parties: roughly 80 countries are on the Annex I list under the UNFCCC (United Nations Framework Convention of Climate Change)

Annex B Parties: nations that will have commitments to limit greenhouse gas emissions if they ratify the Kyoto Protocol to the UNFCCC and it comes into force

Issues relating to new participants

"Legal entities" -- any non-government entity -- can participate in CDM and JI (status of Multi-National Corporations, multiple-stakeholder initiatives, etc.); "authorization" for supervised ET

Issues of legal entity eligibility to trade

Anticipatory domestic government/ industry emissions trading (ET) systems -- existing and proposed

Countries that establish domestic ET programs but that do not ratify Kyoto

What -- context and content

In accordance with Article 17 of Kyoto, Annex I Parties decide, through Conferences of the Parties (COPs) which greenhouse gases (GHGs) will fall under International Emissions Trading (IET) and how IET will function

Six options to meet reduction targets under Article 3

(National approaches)

Policies and measures

Sinks Enhancement

(International approaches)

Joint Fulfillment

Joint Implementation (JI)

Clean Development Mechanism (CDM)

Emissions Trading (ET)

Collectively, the last three international approaches are known as "flexibility mechanisms" and are jointly termed "emissions trading"

Article 17 allows Annex B Parties to participate in emissions trading to fulfill Article 3 commitments but trading must be supplemental to domestic actions

Current negotiating text indicates that CDM and JI projects must be able to demonstrate "additionality" (no accepted definition as yet though):

emission reduction would not have occurred in the absence of the project

financial resources not already dedicated to the host developing nation for other purposes

value of credits "significantly improves the financial and/or commercial viability of the project activity"

technology used is the "best available for the circumstances of the host"

 

Where -- Snapshot of current happenings in Canada

Proposed national ET scheme -- Fed/Prov/Territorial Energy and Environment Ministers establish the Tradable Permits Working Group (TPWG)

Existing industry system -- Pilot Emission Reduction Trading (PERT) in Ontario

Multi-stakeholder partnership in 1998 -- Pilot Greenhouse Gas Emission Reduction Trading (GERT)

Canadian GHG Credit Registry

When -- Anticipating IET

Article 3, para. 2: parties must make "demonstrable progress in achieving their commitments by 2005"

The first commitment period is 2008-2012 when IET would regulate trading

Banking, credit periods, and no current requirement for supplementarity

Kyoto requires monitoring, reporting, and review requirements but does not require a review to determine trading eligibility; delegates and industry advocate eligibility criteria:

National system to estimate emissions by sources and sinks

National registry to track transfers of Assigned Amount Units (AAUs), Certified Emission Reductions (CERs) and Emission Reduction Units (ERUs)

Accurate base year inventory

Periodic national communication

Why -- Departures from command and control models

Jacobson and Schumacher identify the following possibilities from structured ET:

Meet reduction targets

Reduce non-compliance

Reduce cost of compliance (International Energy Agency (IEA) estimates ET can reduce compliance costs by almost 60%)

Incentive for technological innovation and environmental management

Monetary value to, and competitive advantage for, environmental practices

How --CO2eq, AAUs, CERs, ERUs and liability

Carbon Dioxide equivalents form a universal standard of measurement (CO2eq)

Each GHG has a Global Warming Potential (GWP): the additional heat/energy retained in the atmosphere due to the emission; a gases' GWP describes its effect on climate change relative to a similar amount of CO2

Assigned Amount Units (AAUs) are the emissions allowances that are set out ex ante under the IET; the IET is a "cap and trade" system where an overall limit or "cap" is set and allowances equal to the limit may be distributed and traded

Annex I Participants must hold allowances equal to their actual emissions

Certified Emission Reductions (CERs), generated ex post by CDM, and Emission Reduction Units (ERUs), generated ex post by JI, are both "baseline and credit" systems; a baseline of future emissions is set and then reductions from that baseline must be approved by a regulator

CERs and ERUs, as credits, can only offset emissions allowances?

Allocation or auction?

Issues of legal liability: seller or buyer liability

Regulation at which point? -- upstream (fuel producers) or downstream (fuel users/consumers)

transparency, embedded costs, enforcement

 

This paper was prepared by Alicia Backman-Beharry



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