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15 CCLR 111 (2021)
Developments in Colombia

handle is hein.journals/cclr2021 and id is 117 raw text is: Current Developments in Carbon & Climate Law 111 Current Developments in Carbon & Climate Law Latin America and the Caribbean Developments in Colombia Natascha Trennepohl and Raphaela Mafra Barreto* In March 2021, representatives of the Colombian gov- ernment joined a virtual meeting' to present the country's updated climate goals and the implemen- tation actions to support reaching the new 2030 cli- mate target, which included mitigation and adapta- tion measures.2 Colombia increased its climate ambition during the review of its Nationally Determined Contribution (NDC) and submitted to the UNFCCC in December 2020 one of the most ambitious commitments of Latin America and the Caribbean region. The new target is to reduce greenhouse gas emissions by 51% below business-as-usual by 2030. The previous target presented in 2015 was to reduce emissions by 20% below BAU, which could reach up to 30% condition- al to international support. In the past years, the Colombian government has implemented carbon pricing initiatives and is plan- ning to further develop the existing carbon tax and to launch a new market-based mechanism. As a mat- ter of fact, the country has worked on setting a more robust legal framework to promote mitigation and adaptation measures to climate change and on lay- DOI: 10.21552/cclr/2021/1/11 Natascha Trennepohl is a Brazilian lawyer and a Ph.D. candidate at the Humboldt University in Berlin, Germany. She is a member of the Latin American Climate Lawyers Initiative for Mobilizing Action (LACLIMA). For correspondence: <natascha@tren- nepohlcom> Raphaela Mafra Barreto is a Brazilian and Chilean lawyer with a master's degree in Environment: human and socioe- conomic dimensions from the Complutense University of Madrid, Spain. She is a member of the Latin American Climate Lawyers Initiative for Mobilizing Action (LACLIMA). For correspondence: <raphybarreto@gmail.com> 1 See, Colombia lanz6 su hoja de ruta climatica para los pr6ximos 10 anos Ministerio de Ambiente y Desarrollo Sostenible <mi- nambiente.gov.co> accessed 2 The recording of the meeting is available at <https://www.youtube.com/watch?v=4E_fZB-h07o&t=373s> ac- cessed 15 March 2021. 3 SISCLIMA stands for Sistema Nacional de Cambio Climatico. 4 PNCTE stands for Programa Nacional de Cupos Transables de Emisi6n de Gases de Efecto Invernadero. ing the foundations for what can later become a reg- ulated carbon market. Initially, a national system (SISCLIMA)3 was es- tablished by Decree 298 of 2016 to coordinate action at national and local levels, integrating efforts and strategies. Subsequently, in 2017, the National Policy on Climate Change outlined the main guidelines for planning and managing actions to fight climate change at the regional, local, and sectoral levels, en- compassing both the central public policies and stakeholders. In 2018, a further regulatory step was taken with the adoption of Law 1931, a climate change law pro- viding economic and financial mechanisms. Among them, Articles 29 to 33 of the law refer to a quota pro- gram - the National Program for Transmissible Quo- tas of Greenhouse Gas Emissions (PNCTE),4 in which the quotas are tradable rights that authorise the emis- sion of a ton of CO2 or another greenhouse gas. The regulations that operate this quota program have not yet been published and the number of quo- tas available, as well as the allocation rules, are ex- pected to be set based on the national GHG emission reduction targets. Recognising that one of the main elements of a carbon market is the adequate measurement and monitoring of emissions, in 2014 Colombia began the gradual process of developing a system to monitor mitigation actions at the national level. Colombia continued the process in 2018 with Resolution 1447 to regulate the national system for registering activ- ities to mitigate GHG emissions. Besides planning an emissions trading system based on the quota program (PNCTE) mentioned above, other CO2 pricing instruments are already in place. In 2016, Law 1819 established the national car- bon tax (impuesto nacional al carbon), intending to encourage the fulfilment of national GHG mitigation goals. The chargeable event that gives rise to taxation is the purchase, sale, production in national territo- CCLR 1 12021

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