Climate 411

CORSIA: No, the ICAO Council can’t legally change CORSIA’s rules

ICAO building, Montreal

In March 2020 the International Air Transport Association (IATA) wrote to the 36-member Governing Council of the International Civil Aviation Organization (ICAO) requesting that the Council re-write the rules of ICAO’s flagship Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). CORSIA requires airlines to offset their carbon emissions above the average of 2019-2020 emissions.

Citing the unexpectedly low aviation emissions due to the tragedy of the COVID-19 pandemic, which could result in an increase in offset obligations at such time as air travel emissions increase above this average level, IATA wants the ICAO Council to change the emissions baseline to 2019 only. They argue that implementing CORSIA with the 2019-2020 emissions baseline, as originally written, would impose an “inappropriate economic burden on international aviation.”

The request is ironic: In an effort to lure back customers, airlines are publicly touting their commitments to reducing emissions – including to carbon offsetting. But behind the closed doors of the ICAO Council, they’re pushing a re-write that would give them a free pass to escape offsetting requirements for three to five years or more, according to analyses by EDF and other experts.

The request for a hasty re-write raises an important legal question. Does the ICAO Council have the legal authority to change a decision of the ICAO Assembly? It appears that while the Council could, at the current session, recommend that the ICAO Assembly change the baseline, ICAO’s Council lacks the legal authority to undertake this change itself. Below we review (a) the legal authority of the Assembly; (b) the legal authority of the Council; and (c) the legal character of the CORSIA baseline and Council’s authority in light of that legal character.

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Also posted in Aviation, Carbon Markets / Comments are closed

CORSIA: 5 reasons why the ICAO Council shouldn’t move now to rewrite the rules of its aviation climate program

Airplane, jumbojet on runway preparing for takeoff at sunset at the airport. iStock

The International Civil Aviation Organization’s (ICAO) Council is meeting through June 26, and Council members have been asked to make a decision at this session that could undermine the agency’s flagship climate program.

ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) requires airlines to offset emissions above a baseline set at the average of 2019-2020 emissions. However, the International Air Transport Association has asked the ICAO Council to change the baseline to reflect only 2019 emissions, citing the unexpectedly low aviation emissions in 2020 due to COVID-19 and concomitant potentially greater offset requirements for the industry.

Airlines have taken a massive hit due to the pandemic. They argue that they need to escape CORSIA requirements to save money. But hastily rewriting the fundamental structure of the industry’s market-based program to address airline carbon emissions would be penny-wise and future-foolish. Even as airlines are publicly touting their commitment to “sustainability measures like carbon offsetting,” the rule rewrite they are seeking behind the closed doors of the Council would give them a free pass to pollute with no offsetting requirements for three to five years or more, according to analyses by Environmental Defense Fund and other experts.

EDF is calling on the ICAO Council not to move now to change the rules of CORSIA. Deciding, at this Council session, to change the baseline year for CORSIA to 2019-only:

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Also posted in Aviation, Carbon Markets, News / Comments are closed

CORSIA: Industry-sought rule change threatens aviation climate program

https://www.pexels.com/photo/silhouette-of-airplane-during-sunset-99567/

Silhouette of Airplane during Sunset. Pixels.com

The coronavirus pandemic has created a global health and economic crisis that has affected families all over the world and nearly all industries, with aviation taking a particularly steep toll.

Airlines may feel under pressure to save money at any cost, but hastily rewriting the fundamental structure of the industry’s flagship market-based program to address airline carbon emissions would be penny-wise and future-foolish.

In a new analysis by Environmental Defense Fund, we look at the implications of a rule rewrite sought by the International Air Transport Association (IATA) to the Carbon Offsetting and Reduction Scheme for International Aviation, or CORSIA.

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Also posted in Aviation, Carbon Markets, International / Comments are closed

COP 25: The mess in Madrid – and how international carbon markets can still drive ambition despite it

Midnight COP 25 plenary on Dec. 14 in Madrid. UNclimatechange via Flickr.

At just before 2:00 pm Sunday afternoon in Madrid, at a sprawling conference center on the outskirts of the city, a new record was set — and not an enviable one. That’s when the gavel finally fell on COP 25 — the 25th meeting of the Conference of the Parties to the UN Framework Convention on Climate Change — making it the longest COP in history, as it extended nearly 44 hours past its scheduled end.

Even with all that extra time, however, negotiators from 197 Parties were unable to reach agreement on virtually anything of real consequence, including one of the issues that topped the conference agenda: guidance for promoting the integrity of international carbon markets, in particular by ensuring consistent and robust accounting of emissions reductions transferred among countries.

While that failure is widely recognized, the outcome also offers three key implications for how markets can move forward.

  • First, negotiators came surprisingly close to a good deal. That provides a foundation for negotiators to build on next year – although it’s not at all clear that having failed two years in a row, the third time will be the charm.
  • Second, countries that are serious about markets don’t need to wait for the UN to provide guidance: they can and should move ahead to set their own rules.
  • Third, the failure to reach agreement puts the Kyoto Protocol’s offset program (known as the Clean Development Mechanism) on shaky legal ground – something that decision makers at the UN’s aviation agency, ICAO, should heed.

How markets can help drive ambition

Markets may seem like a surprising headline topic for an international climate negotiation. But they are a central, if underappreciated, tool to make faster, deeper cuts in climate pollution — which is desperately needed, given the growing gap between the world’s current emissions trajectory and where we must go to meet the Paris Agreement’s objective of limiting warming to well below 2 degrees Celsius.

The Paris Agreement expressly recognizes, in its Article 6, that carbon markets provide a critical tool to enhance ambition. Market-based international cooperation enables countries to do more together than they could on their own. Economic analysis by EDF shows that carbon markets could achieve nearly double the emissions reductions relative to current Paris Agreement commitments, at no extra cost. The current nationally determined commitments (NDCs) are nowhere near ambitious enough to meet the objectives of the Paris Agreement, and we need all the tools in the box to avoid climate catastrophe.

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COP 25: Carbon markets in the spotlight

Staff and volunteers welcomed at COP 25 in Madrid.
UNclimatechange via Flickr

International cooperation on carbon markets, covered in Article 6 of the Paris Agreement, is at the top of the agenda for the COP 25 climate talks in Madrid this week. Since leaving the Article 6 section of the Paris Agreement without agreement at COP 24, negotiators have continued to work over the past year to garner support for a deal, before countries shift focus to preparing their critical next round of NDC pledges, due next year.

They will do this against a backdrop of political disruption, but continued determination to finalize the Paris Agreement’s operating instructions, known in the UN as the “rulebook”.

Civil unrest in Chile led that country’s president to take the unprecedented step of canceling the climate conference only five weeks before its scheduled start. Spain quickly stepped in the next day to offer to organize the negotiations, known as COP 25, in Madrid. The United States earlier this month officially began the process to withdraw from the Paris Agreement. All this is happening while the increasing impacts of climate change are being felt around the world; fires have ravaged Australia and California, while historic flooding is drowning Venice and dangerous pollution is choking Indian cities. And a new World Meteorological Organization report confirms that the atmospheric concentration of three key greenhouse gases – methane, CO2, and nitrous oxide – continues to rise.

Although the ultimate success of the Paris Agreement will be judged many years from now, how the rules on international carbon markets are decided in Madrid could make or break the ambition of the Paris Agreement.

That’s because international carbon market cooperation underpinned by strong accounting and transparency rules can help drive emissions down significantly: research shows that well-designed carbon markets could nearly double the ambition of current national climate pledges, at no extra cost.

However, weak rules for carbon trading between countries could fundamentally undermine the Paris Agreement. By allowing countries and the private sector to “count” carbon credits that don’t represent real emissions reductions, a bad set of rules on Article 6 could negate the climate ambition of current climate pledges.

What is a good Article 6 agreement?

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Also posted in Carbon Markets, COP 25, Paris Agreement / Comments are closed

What You Need to Know About Article 6 of the Paris Agreement

This post was coauthored by Kelley Kizzier from EDF, Kelly Levin from World Resources Institute, and Mandy Rambharos, Article 6 negotiator, South Africa. It originally appeared on WRI’s blog

As delegates arrive in Madrid for the UN Climate Change Conference (COP25) this week, one issue is top-of-mind: finalizing the rules on how countries can reduce their emissions using international carbon markets, covered under Article 6 of the Paris Agreement on climate change.

Article 6 is one of the least accessible and complex concepts of the global accord. This complexity was a major reason that Article 6 was not agreed to until the last morning of the Paris negotiations in 2015 and was left unresolved at the Katowice climate talks last year. Getting these rules right is critical for fighting climate change: depending on how they are structured, Article 6 could help the world avoid dangerous levels of global warming or let countries off the hook from making meaningful emissions cuts. The integrity of the Paris Agreement and countries’ climate commitments hang in the balance.

Here’s what you should know:

How do international carbon markets work?
International carbon markets work like this: Countries that struggle to meet their emissions-reduction targets under their national climate plans (known as “nationally determined contributions,” or NDCs), or want to pursue less expensive emissions cuts, can purchase emissions reductions from other nations that have already cut their emissions more than the amount they had pledged, such as by transitioning to renewable energy. If the rules are structured appropriately, the result can be a win-win for everyone involved — both countries meet their climate commitments, the overachiever is financially rewarded for going above and beyond, finance is provided to the country generating the emissions reductions, and the world gets a step closer to avoiding catastrophic climate change.

What does the Paris Agreement say about carbon markets?
Article 6 has three operative paragraphs, two of which relate to carbon markets:

  • Article 6.2 provides an accounting framework for international cooperation, such as linking the emissions-trading schemes of two or more countries (for example, linking the European Union cap-and-trade program with emissions-reduction transfers from Switzerland). It also allows for the international transfer of carbon credits between countries.
  • Article 6.4 establishes a central UN mechanism to trade credits from emissions reductions generated through specific projects. For example, country A could pay for country B to build a wind farm instead of a coal plant. Emissions are reduced, country B benefits from the clean energy and country A gets credit for the reductions.
  • Article 6.8 establishes a work program for non-market approaches, such as applying taxes to discourage emissions. For this explainer, we will focus on the carbon markets elements of Article 6.

While Article 6 established these concepts in broad strokes and countries achieved some progress on defining the rules over the years, their final shape remains yet to be agreed. Finalizing these rules is a key agenda item for COP25.

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