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Climate Change Law and Policy After Cancún
- 1. Climate Change Law andPolicy After Cancún Rónán Kennedy 24 March 2011 Law School
- 2. Climate Change • Humanactivity leads to emission of gases – Carbon dioxide, methane, nitrous oxide • Gases alter the climate system • Global temperature is increasing • Likely adverse effects on – human health – biodiversity – ecological productivity 2
- 3. Regulatory Issues • Emissionsunavoidable by-product of economic activity • Still large stocks of fossil fuels remaining • Atmosphere is a ‘global commons’ 3
- 4. Likely Impact onIreland: – Changes in rainfall patterns – Warmer summers and winters – Changes in growing season – River flooding may increase – Sea level rises Law School
- 5. Likely Resulting Costs • Obvious impact on population centres • Damage to infrastructure • Impacts on farming? • Increased need for irrigation – balanced by new market opportunities? 5
- 6. • UN FrameworkConvention on Climate Change (1992) – Purpose: stabilize “greenhouse gas concentrations in the atmosphere at a level which would prevent dangerous anthropogenic interference with the climate system” (Article 2) – Opened for signature at UNCED in 1992, in force 1994 • Kyoto Protocol (1997) – US and Australia refused to ratify – Europe coaxed Russia into ratifying in 2004
- 7. • Policies andmeasures to reduce emissions • Aggregate emissions reduced – by at least 5% below 1990 levels – in the commitment period 2008 to 2012
- 8. Kyoto “Flexible Mechanisms” – Emissions trading (cap-and-trade) • No legal limit to amount purchased (Bonn) – Joint implementation • Projects shared between developed countries – Clean Development Mechanism • Projects in developing country but funded by developed country
- 9. • MOP-1 inMontreal, November 2005 – Focus on dialogue for the future • MOP-2 in Nairobi, November 2006 – Not very productive • MOP-3 in Bali, December 2007 – Agreed “roadmap” to December 2009 for post-2012 regime • MOP-4 in Poznan, 2008 – No significant breakthroughs • MOP-5 in Copenhagen, 2009 • MOP-6 in Cancún, 2010
- 10. Preliminary work forCopenhagen Conference • Two tracks (ad hoc working groups): – Long-term Cooperative Action (AGW-LCA) – Kyoto Protocol (AWG-KP) • Collectively – “The Bali Roadmap” Law School
- 11. The “Copenhagen Accord”,2009 • Emission reductions by Annex I countries • Mitigation actions by non-Annex I countries • “Copenhagen Green Climate Fund” • To be assessed by 2015 Law School
- 12. MOP-6, Cancún, Mexico(Nov-Dec 2010) • Positive outcomes – Approved “Accord” – Established “Adaptation Framework”/“Committee” – “Green Climate Fund” (with pledges) • Shift from “top-down” to “bottom-up” approach? • Procedural and substantive challenges: – Unwieldy procedures – North/South suspicions – Ideological grandstanding – Need for consensus Law School
- 13. US: Application ofClean Air Act • Massachusetts v EPA • National Fuel Efficiency Policy • Tailoring Rule • Regional voluntary cap-and-trade systems Law School
- 14. US: Legislative Proposals • American Clean Energy and Security Bill (Waxman-Markey) • Clean Energy Jobs and American Power Bill (Kerry-Boxer) • No new legislation expected Law School
- 15. EU Response • Negotiationof a ‘bubble’ for emissions • Overall target: reduction of 8% • Irish target: increase of 13% • EU Emissions Trading Scheme (EU ETS) • “20/20/20” target: – by 2020, – 20% emissions reduction, – 20% use of renewables Law School
- 16. • Directive 2003/87/EC • Two periods: 2005-2007 & 2008-2012 • Cap-and-trade system • Applies to some industrial activities (energy, ferrous metals, mineral industry, etc.) • Allowances granted by governments, based on National Allocation Plan (NAP) – 2005-2007: at least 95% free – 2008-2012: at least 90% free
- 17. ETS Penalties • 30April each year: – 2005-2007: €40/tonne – 2008-2012: €100/tonne • Linking Directive (2004/101/EC) – Connected to JI/CDM
- 18. EU: Emissions TradingScheme (ETS) Issues • Over-allocation of allowances • Carbon leakage? • Lack of real impact? • Security issues Law School
- 19. • Directive 1999/94/ECon consumer information on car economy and CO2 emissions (under review) • Decision 1753/00/EC on CO2 monitoring for new cars • Regulation 443/2009/EC setting emission performance standards for new passenger cars • Directive 2001/77/EC on renewable energy sources • Directive 2009/28 on renewable energy • Directive 2003/30/EC on biofuels (to be replaced by Directive 2009/28)
- 20. • Directive 2008/101/ECto include aviation in the EU ETS • Directive 2002/91/EC on the energy performance of buildings • Directive 2003/96/EC on taxation of energy products • Regulation 842/2006/EC on certain flourinated greenhouse gases (and related technical regulations)
- 21. Other European Legislation • Directive 2009/31/EC on carbon capture and storage • Changes to Fuel Quality Directive and Energy Performance of Buildings Directive • Effort Sharing Decision (406/2009/EC) – Irish target: -20% reduction in emissions
- 22. • 2000: NationalClimate Change Strategy launched • ‘Business as usual not an option’ • Key initiatives in NCCS: – Carbon energy taxation – Use of emissions trading – Measures supportive of ending coal-firing at Moneypoint – Fuel switching to low and zero carbon fuels – Livestock reductions and lower fertiliser use – Fuel efficiency, demand management and modal shift in transport – Energy efficiency in construction – Adjustment of the new house grant
- 23. • Excise relieffor biofuels • Domestic emissions trading linked with EU ETS • Carbon tax abandoned September 2004 • Moneypoint still open, retrofit approved • Back to ‘business-as-usual’?
- 24. • April 2007:National Climate Change Strategy • Projected emissions: 80 MtCO2E • Kyoto target: 63 MtCO2E • Reduction of 17 MtCO2E required
- 25. • Energy: ETS,renewable energy • Transport: Transport 21, car technology improvements, support for biofuels • Residential: Building Regulations amendments • Industry: ETS, voluntary Large Industry Energy Network, support for bioheat and CHP • Agriculture and Forestry: CAP reform, afforestation • Waste: diversion of biodegradable waste, landfill gas capture • Public Sector: CFL bulbs, energy savings by OPW, carbon offsets for air travel, biomass heating in schools
- 26. • Flexible Mechanisms – 3.6 MtCO2E purchase – Anticipated annual cost of €54 million • Climate Change Commission • Annual Implementation Status Report (replaced by carbon budgets) • EPA to prepare emissions reports and projections • New Climate Change Strategy to be prepared
- 27. • Environmental ProtectionAgency Act 1992 (as amended by Protection of the Environment Act 1992) • Sustainable Energy Act 2002
- 28. • European Communities(Greenhouse Gas Emissions Trading) Regulations 2004 (SI 437/2004) • Kyoto Protocol Flexible Mechanisms Regulations 2006 (SI 244/2006) • European Communities (Greenhouse Gas Emissions Trading) (Amendment) Regulations 2005 (SI 706/2005)
- 29. • Building Regulations(Amendment) Regulations 2005 (SI 873/2005) • European Communities (Energy Performance of Buildings) Regulations 2006 (SI 666/2006) • Building Regulations (Amendment) Regulations 2007 (SI 854/2007)
- 30. • Planning andDevelopment Regulations 2007 (SI 83/2007) • Planning and Development Regulations 2008 (SI 235/2008)
- 31. • Carbon FundAct 2007 • Motor Vehicle (Duties and Licences) (No. 2) Act 2008 • Planning and Development (Amendment) Act 2009 • Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 • Private Members Bills
- 32. Ireland: Carbon Budget2010 • Carbon levy: €15 per tonne of carbon dioxide • Framework for Climate Change Bill Law School
- 33. Government: Climate ChangeBill • Target: average 3% annual reduction on 1990 to 2020; 80% by 2050 • National Climate Change Strategy: statutory basis • Carbon Budget: also statutory basis • Climate Change Committee: statutory, high level experts • Change Change Adaptation: statutory, 8 year cycle • Domestic Carbon Offsetting/Trading • Monitoring, Reporting and Statutory Obligations Law School
- 34. Joint Committee: ClimateChange Bill • Target: 20% reduction on 2005 by 2020; 30% if successor to Kyoto Protocol • Office of Climate Change and Renewable Energy: part of Department of An Taoiseach • National Climate Change Strategy: annual, by Taoiseach • Climate Change Commission: independent • Climate Change Dividend Fund: revenue from auctions, taxes • Offset schemes: including forest carbon offsets • Risk assessment: every 5 years • Climate change statements: from significant public authorities and bodies Law School
- 35. • 2001: 31% • 2002: 29% • 2003: 25% • 2004: 23.7% • 2005: 26.7% • 2006: 25.6% • 2007: 25% • 2008: 3.99% • 2009: 2.23%
- 36. Influences on theFuture • Better understanding of sustainability issues • Economic recession • Smaller-scale agreements between groups of states • Increasing media scrutiny and hostile public comment Law School
- 37. Possible Future Responses • Voluntary industry schemes • Public procurement criteria • Expansion of ETS • Public awareness campaigns • Product labelling • Financial instruments: carbon taxes & subsidies • Individual carbon credits (‘carbon rationing’) 37
- 38. The Future • UNFCCCprocess in trouble? • Bilateral and small-scale multilateral treaties? • Climate Change Act 201x? Law School