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Carbon credit markets: building the ecosystem for trading in India

– Payal Agarwal, Manager (payal@vinodkothari.com)

The consequences of climate change and the need for a positive climate action need no introduction in the present world. What once remained a matter of concern for the so-called “environmental activists”, gradually traveled their way to the government as countries committed towards achieving “net zero”. Climate action requires involvement of the masses, and therefore, the government is coming up with new regulatory devices towards developing climate action on a large scale.

India is no exception to the same, and following the footsteps of other countries, has proposed to develop a compliance mechanism and domestic market for carbon credits in India. Regulatory inclusion is provided to carbon credits in India by way of an amendment to the Energy Conservation Act, 2001 (“ECA”). Carbon credits are a form of emission trading schemes (ETS), that incentivize the reduction in emissions, against the offsetting of higher emissions by other market participants. A brief comparison of the domestic ETS in other parts of the world, and the existing emissions trading markets in India can be referred to at Emission law amendments: Laying the framework for Carbon trading market in India.

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Emission law amendments to trigger carbon credit trading in India

– Payal Agarwal, Senior Executive | payal@vinodkothari.com

This version: 23rd December, 2022

The Energy Conservation (Amendment) Bill, 2022 (the “Bill”) has been passed by both houses of the Parliament (Lok Sabha: 8th August, 2022 and Rajya Sabha: 12th December, 2022), proposing amendments to the Energy Conservation Act, 2001 (“the Act”). The Bill seeks to bring the mandatory carbon credit markets in India. The Bill provides a legislative inclusion to the formulation of a carbon credit trading scheme [clause (w) of Section 14 of the Energy Conservation Act, 2001] . The scheme will be launched by the Central Government and the contours of the scheme will be known only when the scheme is announced. However, it is clear that with the passing of this Bill, the country is all set to launch carbon credit markets in India. 

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