Legal Consultant in Carbon Markets for

hace 1 día

Panama United Nations A tiempo completo

Result of Service

CBIT’s most important contribution will be to strengthen Argentina’s reporting capacities so as to adequately comply with the requirements of the Enhanced Transparency Framework through the new reporting format under the Paris Agreement: the Biennial Transparency Reports (BTR). In order to carry out the activities of Argentina’s CBIT project it requires the hiring of a Legal Expert in Carbon Markets:

- The legal framework linked to carbon markets in the NDC and the LTS is analyzed and improved.
- The technical qualities of products linked with legal aspects of carbon Markets implementation are ensured.
- The transparency of the domestic policy and regulatory framework for carbon markets is enhanced.
- The legal framework to link the NGHGI, the NDC and the LTS to carbon markets is improved.
- Technical assistance is provided to the NDCC team on issues related to Carbon Markets.
- The national legal framework on carbon markets of Argentina is improved.
- The legal framework linked to the tracking of mitigation actions from carbon markets is improved.

OUTPUTS:
Elaboration of a work plan and analysis framework.

Hold technical meetings, face-to-face and/or virtual (as appropriate), periodically together with the DNCC teams to agree on next steps, requirements, opportunities, and evidencing progress.

Work closely with the DNCC team in activities related to the National Climate Change Cabinet (GNCC).

Analyze the decisions of COP26 in relation to Internationally Transferable Mitigation Outcomes (ITMO) and emission reductions of Article 6.4. (A6.4ERs), to understand the needs for legal definition of carbon and transfers of results. This analysis must identify the main barriers and risks to avoid third-party claims in light of the implementation of the market mechanisms defined in Article 6 of the Paris Agreement to comply with the NDC and increase ambition.

Survey and analyze current legislation of a subnational, national, regional and international nature regarding the legal nature of carbon units, the legal and financial rights and obligations arising from them and the mechanisms of carbon markets adopted in Article 6 of the Paris Agreement.

Identifying options regarding the legal and juridical nature of the carbon units and the titles that derive from it according to comparative and national regulations.

A comparative analysis of cases and good practices for the implementation of Article 6 of the Paris Agreement should be carried out, giving special consideration to:

- The spatial scope of the definition, the system of government adopted by the country and its environmental and financial regulatory framework.
- The formal and/or voluntary market and the restrictions between them, if differences exist and apply.
- Detail of the ownership of the carbon unit and the rights, obligations and/or titles that can be derived from it. It should be detailed if there are differences regarding the origin of the financing source and/or the types of projects that these units can generate.
- Detail of whether there are methodologies formally approved by the national and/or subnational authority to certify carbon, both for the formal and/or voluntary market (if applicable), including:

- Survey of experiences of legal frameworks and institutional arrangements regarding carbon ownership and its legal nature, including both regulated and voluntary markets.
- Regional and international identification and analysis of the implementation schemes at the national/subnational level, detailing the policies and/or regulations implemented, established criteria, institutional validation processes, operational tools used for their operation, and the possible applicability of said structures in Argentina;
- Selection and justification of useful cases for Argentina, considering the national and subnational context and circumstances; and the profile of national emissions of greenhouse gases, considering the regulatory frameworks of each sector of the economy;
- Definition of analysis criteria (regulatory framework, institutional arrangements, definitions of carbon, type of regulation, type of title, title transactions, traceability and accounting, registration, and other criteria that the consultant considers pertinent based on the results of the comparative analysis);
Prepare a proposal to implement the carbon legal framework that contains the following information:

- Definition of legal terms of “carbon credit”, “carbon rights”, and ownership of climate change mitigation results”.
- Legal requirements and definitions and guidelines to regulate the ownership of the mitigation results of a project within the framework of Article 6 of the Paris Agreement and its national implementation, analyzing and identifying possible ownership options according to the funds that give rise to the project from which the carbon units are derived.;
- Identification of the regulatory gaps at the national/subnational leve

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