Lex Mundi Global Climate Change Guide |
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Guatemala |
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(Latin America/Caribbean)
Firm
Mayora & Mayora, S.C.
Contributors
Juan Carlos Casellas |
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| Has your country signed/ratified the Paris Agreement? If so, what is its INDC / NDC? | Guatemala is part of the Paris Agreement, approved by Congress through Decree 48-2016. The country's INDC may be seen here: https://www4.unfccc.int/sites/ndcstaging/PublishedDocuments/Guatemala%20First/Gobierno%20de%20Guatemala%20INDC-UNFCCC%20Sept%202015.pdf |
| What are the key national policy instruments regarding climate change and what are the national long term greenhouse gas emissions (GHG) reduction targets? | The National Climate Change Policy (Política Nacional de Cambio Climático) (Government Accord 329-2009, issued by the Executive). There are no specific GHG emissions reduction targets. |
| Have national policies or legislation been adopted limiting or prohibiting the use of certain fossil fuels (e.g. coal, natural gas, nuclear)? | No |
| What specific national climate change legislation has been adopted? | The Framework Act for Reducing Vulnerability, Obligatory Adaptation Before the Effects of Climate Change and the Mitigation of Greenhouse Gas Emissions (Ley Marco para regular la reducción de la vulnerabilidad, la adaptación obligatoria ante los efectos del cambio climático y la mitigación de gases de efecto invernadero) (Decree 7-2013, enacted by Congress). |
| Does your country participate in an international or national GHG emissions trading scheme? | Decree 7-2013 establishes an emissions reduction regime. It provides that when greenhouse gas emissions from burning fossil fuels are greater than those that would be produced by non-fossil fuels, they must be compensated through projects and activities which reduce or absorb the emissions. The law also seeks to reduce greenhouse gas emissions through the sustainable use of forestry resources and the conservation of forest ecosystems, as well as regulating their emission from public and private transportation, including fiscal incentives and subsidies focused on the use of clean energies for transportation. It provides for activities and projects which generate certificates of removal or reduction of greenhouse gas emissions can have access to voluntary and regulated carbon markets. The owners of generating projects must be registered at MARN to access rights to negotiate greenhouse gas and carbon reduction units. There is a project headed by CONAP known as "Guatecarbon", which seeks to reduce emissions in the Mayan Biosphere Reserve (Reserva de la Biósfera Maya) through activities aimed at reducing deforestation. This project has generated 700,000 carbon credits to be traded in the international market. AGEXPORT (a collective of Guatemalan exporters) has promoted actions to reduce greenhouse gas emissions, setting up investment agreements through carbon bonds between entities such as Global Carbon Group, Rainforest Alliance and Guatemalan municipalities. |
| Has a national CO2 tax or similar instrument been adopted? | No |
| Does national legislation regulate and/or subsidize carbon capture and storage (CCS)? | Carbon capture is defined and mentioned in Decree 7-2013, though not thoroughly regulated. |
| Are the production and/or use of renewable energy sources subject to a national subsidy or similar support scheme? | Decree 52-2003 establishes some tax exemptions and other incentives for projects using renewable energy sources. |
| What are the main national measures being taken to reduce GHG emissions / improve energy efficiency in the built environment? | The Ministry of Energy and Mining, in coordination with the Ministry of the Environment and Natural Resources and the Presidential Planning and Programming Secretariat, have issued a National Energy Plan including aspects on renewables, energy efficiency and GHG emissions reduction. |
| What are the main national measures being taken to reduce GHG emissions / improve energy efficiency in the transport sector? | Implementation and improvement of the BRT system in the capital city. Promotion of rules for establishing a program of fiscal incentives and subsidies aimed at the use of clean energies for public and private transportation, including regulation on GHG emissions in public transportation. |
| What are the main national measures being taken to reduce GHG emissions / improve energy efficiency in the industry? | Development and coordination for involving the private sector through actions within the Cleaner Production Policy (Government Accord 258-2010). Incentive programs motivating voluntary activities for reduction and absorption of GHG emissions. |
| What are the main national measures being taken to reduce GHG emissions / improve energy efficiency in agriculture and land use? | The National Forestry Institute, the National Council of Protected Areas, the Ministry of Agriculture, and the Ministry of the Environment and Natural Resources have designed plans and policies aimed at reducing GHG emissions in use of land. |
| What are the main national measures being taken to reduce GHG emissions / improve energy efficiency in the electricity production sector? | This sector is included in the Plan mentioned in answer to the question "What are the main national measures being taken to reduce GHG emissions / improve energy efficiency in the built environment?" |
| What measures are national financial institutions (incl. banks, pension funds, asset management companies and insurance companies) aimed at reducing the GHG emissions of their customers? | None to our knowledge. |
| Are there prominent national climate change litigation cases in your country? If so please provide a short description (e.g. plaintiffs/defendants, public or civil law based, etc.). | There have been some cases of litigation aimed at environmental protection in the context of construction permits, for example. Probably the most relevant case is Constitutional Court case No. 5956-2016, in which the Court expounded upon the constitutional right to a healthy environment and ecological balance. The Court denied a petition to declare a municipal regulation prohibiting the use of plastics as unconstitutional. |
| Climate change policies, measures or legislation (other than those covered by the questions above) | None |
Lex Mundi Global Climate Change Guide
Guatemala
(Latin America/Caribbean) Firm Mayora & Mayora, S.C.Contributors Juan Carlos Casellas
Updated 12 Apr 2021Guatemala is part of the Paris Agreement, approved by Congress through Decree 48-2016. The country's INDC may be seen here: https://www4.unfccc.int/sites/ndcstaging/PublishedDocuments/Guatemala%20First/Gobierno%20de%20Guatemala%20INDC-UNFCCC%20Sept%202015.pdf
The National Climate Change Policy (Política Nacional de Cambio Climático) (Government Accord 329-2009, issued by the Executive). There are no specific GHG emissions reduction targets.
No
The Framework Act for Reducing Vulnerability, Obligatory Adaptation Before the Effects of Climate Change and the Mitigation of Greenhouse Gas Emissions (Ley Marco para regular la reducción de la vulnerabilidad, la adaptación obligatoria ante los efectos del cambio climático y la mitigación de gases de efecto invernadero) (Decree 7-2013, enacted by Congress).
Decree 7-2013 establishes an emissions reduction regime. It provides that when greenhouse gas emissions from burning fossil fuels are greater than those that would be produced by non-fossil fuels, they must be compensated through projects and activities which reduce or absorb the emissions. The law also seeks to reduce greenhouse gas emissions through the sustainable use of forestry resources and the conservation of forest ecosystems, as well as regulating their emission from public and private transportation, including fiscal incentives and subsidies focused on the use of clean energies for transportation. It provides for activities and projects which generate certificates of removal or reduction of greenhouse gas emissions can have access to voluntary and regulated carbon markets. The owners of generating projects must be registered at MARN to access rights to negotiate greenhouse gas and carbon reduction units.
There is a project headed by CONAP known as "Guatecarbon", which seeks to reduce emissions in the Mayan Biosphere Reserve (Reserva de la Biósfera Maya) through activities aimed at reducing deforestation. This project has generated 700,000 carbon credits to be traded in the international market. AGEXPORT (a collective of Guatemalan exporters) has promoted actions to reduce greenhouse gas emissions, setting up investment agreements through carbon bonds between entities such as Global Carbon Group, Rainforest Alliance and Guatemalan municipalities.
No
Carbon capture is defined and mentioned in Decree 7-2013, though not thoroughly regulated.
Decree 52-2003 establishes some tax exemptions and other incentives for projects using renewable energy sources.
The Ministry of Energy and Mining, in coordination with the Ministry of the Environment and Natural Resources and the Presidential Planning and Programming Secretariat, have issued a National Energy Plan including aspects on renewables, energy efficiency and GHG emissions reduction.
Implementation and improvement of the BRT system in the capital city. Promotion of rules for establishing a program of fiscal incentives and subsidies aimed at the use of clean energies for public and private transportation, including regulation on GHG emissions in public transportation.
Development and coordination for involving the private sector through actions within the Cleaner Production Policy (Government Accord 258-2010). Incentive programs motivating voluntary activities for reduction and absorption of GHG emissions.
The National Forestry Institute, the National Council of Protected Areas, the Ministry of Agriculture, and the Ministry of the Environment and Natural Resources have designed plans and policies aimed at reducing GHG emissions in use of land.
This sector is included in the Plan mentioned in answer to the question "What are the main national measures being taken to reduce GHG emissions / improve energy efficiency in the built environment?"
None to our knowledge.
There have been some cases of litigation aimed at environmental protection in the context of construction permits, for example. Probably the most relevant case is Constitutional Court case No. 5956-2016, in which the Court expounded upon the constitutional right to a healthy environment and ecological balance. The Court denied a petition to declare a municipal regulation prohibiting the use of plastics as unconstitutional.
None