Strengthening Climate Action through Legal Framework
The Moroccan government, nearing the end of its official term, is making strides to establish a robust legal framework for climate action through the 'Draft Law No. 62.25 on Climate Change and the Regulation of the Carbon Market'. This legislative initiative aligns with Morocco's prominent role on the African and international stages, emphasizing its commitment to mitigating climate change and adapting to its impacts. According to the preliminary memorandum released for public commentary, the law aims to enhance coordination among various stakeholders, ensuring the collection, processing, and dissemination of climate data with principles of transparency and reliability at its core.
Facilitating International Carbon Market Participation
Draft Law No. 62.25 is designed to support public decision-making in climate action and establish the legal foundations for Morocco's participation in international carbon markets. This initiative reflects Morocco's dedication to its international obligations, particularly the United Nations Framework Convention on Climate Change and the Paris Agreement. The preliminary memorandum underlines the need to align national legal systems with the evolving international climate framework, especially concerning enhanced transparency and cooperation mechanisms outlined in Article 6 of the Paris Agreement. To achieve these objectives, the draft law proposes the establishment of a national climate transparency system and a national electronic platform dedicated to transparency. Furthermore, it suggests the creation of a 'National Climate Transparency Committee' tasked with overseeing and coordinating the implementation of the national climate change policy.
The law also outlines the organization and regulation of the carbon market in its various forms, detailing the approval processes for greenhouse gas emission reduction projects and the licenses required for their execution and the international transfer of mitigation results. A key component is the introduction of a digital platform known as the 'National Carbon Market Registry', which will primarily serve to register project ideas and initiatives aimed at reducing greenhouse gas emissions. This registry will manage the licensing processes for project execution, the international transfer of mitigation results, and will track carbon credit transfers. Additionally, it aims to provide information on the entities responsible for certifying and verifying internationally transferred mitigation results.
Draft Law No. 62.25 sets forth the objectives of the national climate transparency platform, which include supplying information and data related to climate change and climate action, defining national and sectoral indicators concerning climate change, and tracking public expenditure allocated to these efforts. It will also monitor the progress of national commitments in climate action as outlined in the Nationally Determined Contributions (NDCs). Furthermore, the platform will provide data on international support allocated for climate action implementation and relevant information necessary for preparing periodic reports, assessments, or presentations.
The draft law delineates the roles and composition of the 'National Climate Transparency Committee', which will include representatives from governmental bodies, public institutions, and organizations specified by regulatory texts, alongside representatives from associations working in the climate change sector. In regards to the carbon market, Draft Law No. 62.25 differentiates between cooperative-based carbon markets, approved carbon credit mechanisms, and voluntary carbon markets. The law specifies the conditions for legal entities wishing to participate in activities under cooperative methodologies and outlines the criteria for considering a greenhouse gas emission reduction project proponent as a legal entity under Moroccan law.
Under the approved carbon credit mechanism, project execution will be subject to administrative evaluation based on several criteria, including alignment with national priorities on climate change or contributions toward achieving NDC targets. Moreover, the law stipulates that project execution must not undermine Morocco's ability to meet its NDC targets and must adhere to existing environmental and social safeguards. Furthermore, it regulates the licensing process for the international transfer of mitigation results, requiring project proponents to submit requests via the national registry. This license will include specific information about the project proponent, the quantity of internationally transferred mitigation results, and the scope of the transfer.
The validity 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 before expiration. The law mandates the preparation of annual reports detailing the project's progress and any challenges faced, as well as the submission of requests for the annual transfer of internationally transferred mitigation results. It also states that certification and verification bodies cannot verify mitigation results for projects they have previously certified under the provisions of the draft law.
A recognition system for the accreditation of verification and certification bodies is established, with recognition granted by the administration to these bodies for carrying out the certification and verification reports stipulated in the draft law. To obtain recognition, the institution must be incorporated under Moroccan law, possess qualified human resources, not be subject to judicial liquidation, and be in good fiscal standing. Additionally, the institution must hold an accreditation recognized under Article 6 of the Paris Agreement, demonstrate technical competence and professional experience in the accreditation subject, and provide evidence of a quality assurance system and independence. The duration of the accreditation is set at five years, subject to renewal and compliance with practice, independence, integrity, and transparency standards.
Draft Law No. 62.25 contains a section dedicated to the investigation and prosecution of violations, assigning this responsibility to police officers and authorized agents under current legislation. Penalties range from 500,000 to 2 million dirhams, considering the application of harsher penalties set forth in other applicable legislative texts. Violations include the failure to submit annual reports, the unauthorized transfer of internationally transferred mitigation results, failure to report changes, or breaches of provisions concerning verification and certification bodies.
As reported by hespress.com.
