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Brazil Advances Proposal for Mandatory Carbon Market Similar to EU ETS

Published /Brazil

Brazil's Groundbreaking Legislation on Carbon Market

Brazil is considering groundbreaking legislation, PL 412, aimed at establishing a mandatory carbon market closely resembling the European Union's Emissions Trading System (ETS). Here are the key aspects of this important proposal:

  1. Cap-and-Trade System: PL 412 introduces the concept of a cap-and-trade carbon market. This market-driven approach to controlling greenhouse gas emissions involves imposing a cap, a limit, on the total permissible CO2 emissions by covered entities.

  2. Emission Limits: The bill establishes a strict annual limit of 25,000 tons of CO2 emissions for carbon-intensive industries. However, the specific industries encompassed by this limit are not specified in the current proposal.

  3. Compliance Mechanism: Companies exceeding their emission limits would be required to take action to reduce their emissions or purchase carbon credits from entities holding surplus allowances. Conversely, entities operating below their limits could sell their excess allowances.

  4. Carbon Credits as Securities: Carbon assets are categorized as securities and would be subject to regulation by the Comissão de Valores Mobiliários (CVM), the Brazilian Securities and Exchange Commission. This suggests the potential for carbon credits to be traded as financial products, potentially opening up new opportunities in the financial sector.

  5. Senate Adoption: The bill received unanimous approval in the Senate on October 4th, signifying strong support for the legislation in the upper house of the Brazilian legislature.

  6. Exclusion of Primary Agricultural Activities: A notable revision made during the Senate's deliberations was the exclusion of primary agricultural activities from the bill's scope. This decision was based on the perceived challenges associated with accurately quantifying greenhouse gas emissions from the agricultural sector.

  7. Chamber of Deputies: The next phase in the legislative process will see the bill progress to the Chamber of Deputies for further examination and the potential introduction of amendments.

The potential implementation of a cap-and-trade carbon market holds significant promise for controlling and reducing greenhouse gas emissions in Brazil. It is designed to incentivize industries to take proactive measures to mitigate their environmental impact. However, the exclusion of primary agricultural activities may trigger debates and lead to potential adjustments as the bill advances through the legislative process. This legislation aligns Brazil with international efforts to combat climate change and promote sustainability.

More Details Here - https://www.camara.leg.br/proposicoesWeb/fichadetramitacao?idProposicao=2348292

Brazil Quick Facts

Regulatory AgencyANATEL (Agência Nacional de Telecomunicações)
Certification TypeMandatory
License ValidityTechnical compliance certificate: 2 to 3 years
Application LanguagePortuguese
Legal License HolderRequired
In-country Testing RequirementRequires testing

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