Introduction to Morocco's Climate Change Law No. 62.25
The Moroccan government, nearing the end of its official term, has introduced a comprehensive legal framework aimed at addressing climate change through the proposed "Law No. 62.25 concerning Climate Change and the Regulation of the Carbon Market." This legislation is designed to provide Morocco with an integrative legal structure that encompasses various aspects of climate action, reflecting the country's commitment to combating climate change both at the national and international levels.
Objectives and Framework of the Proposed Legislation
According to the explanatory note published for public comment, the proposed law acknowledges Morocco's pivotal role as a leader in climate action within Africa and globally, underscoring its efforts to mitigate and adapt to climate change. The legislative framework aims to enhance coordination among different stakeholders while ensuring the production, collection, and processing of climate data is conducted under principles of transparency and reliability. Law No. 62.25 is also intended to support public decision-making in climate action and establish a legal foundation for Morocco's participation in international carbon markets. Furthermore, it aligns with Morocco's international commitments, particularly the United Nations Framework Convention on Climate Change and the Paris Agreement, emphasizing the necessity to adapt national legal systems to the evolving international climate governance structure. This includes facilitating enhanced transparency and cooperation mechanisms as outlined in Article 6 of the Paris Agreement.
To achieve its aims, the proposed law recommends the establishment of a national transparency system and an electronic platform dedicated to climate transparency. It also suggests the creation of a National Climate Transparency Committee, which will serve as a national oversight body to guide and coordinate the implementation of national climate policies. Furthermore, the legislation outlines the organization and regulation of the carbon market in its various forms, specifying provisions related to the approval processes for greenhouse gas emission reduction projects, as well as the necessary licenses for their implementation and the international transfer of mitigation results.
The electronic platform dubbed "National Carbon Market Registry" is designed primarily to record project ideas and initiatives aimed at reducing greenhouse gas emissions. This registration will encompass the issuance of licenses related to project execution and the international transfer of mitigation results, along with tracking carbon credit transfers. The registry will also provide data concerning the entities tasked with the validation and verification of internationally transferred mitigation outcomes. Additionally, the law delineates the objectives of the national climate transparency platform, which include providing information and data regarding climate change and climate action, establishing national and sectoral indicators related to climate change and public spending allocated to this area, and monitoring progress in fulfilling national climate commitments as stipulated in the Nationally Determined Contributions (NDCs).
The National Climate Transparency Committee will consist of representatives from the administration, public institutions, and organizations defined by regulatory text, along with representatives from NGOs engaged in climate change initiatives. With respect to the carbon market, Law No. 62.25 differentiates between the cooperative-based carbon market, the carbon market based on recognized carbon credit mechanisms, and the voluntary carbon market. The law stipulates conditions for the participation of legal entities wishing to engage in activities executed under cooperative frameworks, as well as conditions for classifying emission reduction project owners under Moroccan law.
In the context of the recognized carbon credit mechanism, the implementation of projects is subject to administrative evaluation based on various criteria, including alignment with national climate priorities and contributions to achieving NDC objectives. The law also mandates that the execution of these projects must not undermine Morocco's ability to meet its NDC targets while adhering to existing environmental and social safeguards. Additionally, the legislation regulates the licensing process for the international transfer of mitigation results, requiring project owners to submit applications through the national registry, which must include information about the project owner, the amount of internationally transferred mitigation results, and the degree of transfer executed.
The duration of the license for executing a greenhouse gas emission reduction project is set at three years, with the possibility of renewal at least three months prior to expiration. The law also requires annual reports detailing the progress of project implementation and any challenges encountered, alongside annual requests for the transfer of internationally transferred mitigation results. Notably, a verification body cannot validate the results of projects it has previously certified, as per the provisions of the law.
Furthermore, the law establishes a recognition system for verification and validation bodies, wherein such recognition is granted by the administration for the completion of validation and verification reports specified in the legislative framework. To obtain this recognition, an organization must operate as a corporation under Moroccan law, possess qualified human resources, not be subject to judicial liquidation, and maintain a sound tax status. They must also hold a recognized accreditation under Article 6 of the Paris Agreement, demonstrate technical competence and professional expertise in accreditation matters, and provide proof of a quality and independence system.
The recognition period is set for five years, subject to renewal, while the concerned bodies will be bound by conditions of practice, independence, integrity, and transparency. The proposed law also contains provisions for identifying and penalizing violations, with the responsibility for this task delegated to authorized agents, including judicial police officers, as well as designated personnel in accordance with current legislation. Penalties can range from 500,000 dirhams to 2 million dirhams, considering the application of more severe penalties outlined in other relevant legislative texts. Violations include failing to submit the annual report, transferring internationally transferred mitigation results contrary to stipulated provisions, not notifying changes, or breaching provisions concerning verification and validation bodies.
As reported by hespress.com.
