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Following the first week of the "finance Cop", we reflect on the main developments so far. The week saw slow progress with the first day largely spent discussing and debating agenda items and the rest of the week featuring disagreement between nations over the New Collective Quantified Goal (NCGQ) which means there will be increased pressure to finalise this over week two. The week did however see some key announcements aimed at driving forward global investment in carbon markets and sustainable development.
Diplomats endorsed the UN supervisory body's methodological standards for the trade of carbon credits and guidelines on which types of projects should be eligible under article 6.4 of the Paris Agreement. As standards had previously failed to be agreed at prior conferences, the supervisory body set standards ahead of Cop 29 in October 2024, meaning that delegates controversially did not debate on this topic before approving it. The new system, which has now been renamed the "Paris Agreement Crediting Mechanism", will require carbon project developers to set out how projects contribute to sustainable development goals; and conduct an externally audited risk assessment that includes potential negative impacts of projects and how these will be mitigated.
State parties also reached agreement by the end of week one on the work programme for article 6.8, which provides for non-market-based cooperation for countries to implement mitigation and adaptation actions, and sustainable development. This was officially approved this Monday.
Several developments in the voluntary carbon market space have followed since the approval of the Paris Agreement Crediting Mechanism:
The Presidency is pushing for further developments under article 6, which are highly anticipated. A new text for article 6.2 relating to international registries for bilateral carbon trading agreements between countries was debated but this is currently in draft form with no agreement as yet. Likewise, a new text for article 6.4 is still in draft form with significant areas yet to be agreed such as the transition of clean development mechanism projects to the new mechanism. Negotiations are expected to continue during the second week of Cop 29, with a current deadline set for the end of Wednesday.
Agreement for the New Collective Quantified Goal (NCQG) is a highly anticipated deliverable for Cop 29 given that it will determine the scope of funding available for developing countries to transition towards a sustainable economy. The current goal of $100 billion per year of financing was set in Copenhagen in 2009 and is due to be reset next year. Draft texts for a new climate finance goal were deliberated on throughout the week, however negotiations have proved challenging and progress has been slow.
The cover issues countries disagree over are highly sensitive from a political perspective. Debates relate to (1) the amount of funding to be collected; (2) which countries should contribute to the funding; and (3) to which countries funding should be channelled. Developing countries, urge that a sum of $1.3 trillion per year is required from contributing nations. Developed nations have so far not indicated a quantum and while they may be prepared to accept this sum, they seek to include large private companies and stronger emerging economies, such as China and the Gulf States, as contributors of climate finance which has been a key area of contention.
In addition, a series of technical issues are still to be agreed such as maintaining transparency over the levels of finance contributed and a mechanism for eligible states to claims for funding.
While the outcome over the NCQG negotiations remains uncertain, several other sustainable development programs received some attention and additional financial commitments from state parties and NGOs during week one:
Several nations revealed their new Nationally Determined Contributions (NDCs) in the first week of Cop 29 with others expected to follow over the course of week two. Within their new NDCs countries party to the Paris Agreement must lay out their national decarbonisation and resilience plans to 2035 by the UN's deadline of 10 February 2025.
As new targets are set and funding for sustainable development increases, the conversation also continued surrounding the just transition, though progress in this space was also slow in week one. The UAE Just Transition Work Programme, which was set up at Cop 28 to focus on how to ensure a just transition for workers and affected communities whilst achieving the goals of the Paris Agreement, held two dialogues earlier this year in June and October following which an annual summary was published. This documented key discussions over national adaptation plans; long-term low-emission development strategies; and ensuring support for people-centric and equitable just transition pathways. Discussions during week one at Cop followed on from this, covering topics such as the importance of skill development for workers; capacity constraints affecting less developed small-island states; and international cooperation for facilitating a just transition. A new draft informal text was published on Friday which covers the discussion so far and is set to be further deliberated on during week two. Further discussions on the just transition were led by the International Labour Organisation but again, progress was limited.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2024
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