An Overview of Greenhouse Gas (GHG) Control Policies in Various Countries

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An Overview of Greenhouse Gas (GHG)

Control Policies in Various Countries

Jane A. Leggett

Specialist in Energy and Environmental Policy

Richard K. Lattanzio

Analyst in Environmental Policy

Carl Ek

Specialist in International Relations

Larry Parker

Specialist in Energy and Environmental Policy

December 30, 2009

Congressional Research Service

7-5700

www.crs.gov

R40936

CRS Report for Congress

Prepared for Members and Committees of Congress

An Overview of Greenhouse Gas (GHG) Control Policies in Various Countries

Summary

As Congress considers legislation to address climate change, and follows negotiations toward a

new international agreement to reduce greenhouse gas (GHG) emissions, the question of the

comparability of actions across countries frequently arises. Concerns are raised about what the

appropriate sharing of efforts should be among countries, as well as the potential trade

implications if countries undertake different levels of GHG reductions and, therefore, incur

varying cost impacts on trade-sensitive sectors. This report summarizes the GHG control policies

in effect or under consideration in the European Union (EU) and various other large countries,

and offers a brief set of initial observations. It gives particular emphasis to how particular tradesensitive sectors may be treated in the context of each national program.

All countries examined have in place, or are developing, some enforceable policies that serve to

reduce GHG emissions. Most are at some stage of making their programs more stringent. The

wealthiest countries have all taken on GHG limitation or reduction targets under the Kyoto

Protocol. Some of the emerging economies have voluntarily stated GHG targets, though none

have yet accepted legally binding obligations in an international agreement. The forms of targets,

and their stringencies, vary widely across countries.

The scope of specific GHGs and economic sectors covered by national (or sub-national)

reduction measures is generally, but not completely, similar. All have policies that affect carbon

dioxide emissions; most have some measures that cover the additional five gases covered under

the Kyoto Protocol (methane, nitrous oxide, sulfur hexafluoride, perfluorocarbons, and

hydrofluorocarbons).

The programs and measures used vary across countries. Even when some measures have similar

names (e.g., voluntary programs and voluntary action plans), the measures may differ in

important ways that may influence their effectiveness and impacts on trade competiveness.

Within sectors of a country, emission rates and control requirements may vary widely. A country

may have some facilities with emission rates (or energy intensities) comparable to the best

globally, even if the country’s sectoral average as a whole has, for example, a significantly higher

energy intensity than the global average.

This report presents an overview of GHG control policies within individual countries. It does not

present a rigorous assessment of the comparability of GHG control policies across countries or

within specific sectors. The criteria for assessing comparability internationally are not widely

agreed, and could encompass a range of considerations, not all quantitatively measurable.

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An Overview of Greenhouse Gas (GHG) Control Policies in Various Countries

Contents

Synthesis Observations ...............................................................................................................1

European Union ..........................................................................................................................3

France.........................................................................................................................................9

Germany................................................................................................................................... 11

United Kingdom ....................................................................................................................... 13

Australia ................................................................................................................................... 16

Brazil........................................................................................................................................ 19

Canada...................................................................................................................................... 23

China ........................................................................................................................................ 25

India ......................................................................................................................................... 29

Japan ........................................................................................................................................ 33

Korea........................................................................................................................................ 38

Mexico ..................................................................................................................................... 40

Russian Federation.................................................................................................................... 42

United States............................................................................................................................. 47

Figures

Figure 1. Japanese Regulations or Exemptions Specific to Trade-Sensitive Sectors.................... 36

Figure 2. Russian Total Primary Energy Supply, 1990 and 2006 ................................................ 43

Figure A-1. Comparison of International Fuel Economy and GHG Standards ............................ 51

Figure A-2. Standardized Comparison of Select Vehicle Efficiency Standards

Internationally........................................................................................................................ 52

Tables

Table 1. Average Required Fuel Economies under Proposed Standards ...................................... 48

Appendixes

Appendix. Comparison of Vehicle Efficiency Standards Internationally (as of Mid-2009).......... 51

Contacts

Author Contact Information ...................................................................................................... 52

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An Overview of Greenhouse Gas (GHG) Control Policies in Various Countries

T

his report summarizes the greenhouse gas (GHG) control policies in effect or under

consideration in a number of large countries, and offers a brief set of initial observations.

This overview allows preliminary comparison across countries. Because of congressional

interest in the comparability of countries’ actions, and in the potential trade ramifications of

differential policies, these country fact sheets give emphasis to how particular trade-sensitive

sectors may be treated in the context of each national program. Where specific industries are not

listed in a country’s fact sheet, no further information was found.

The European Union’s policies are presented first, followed by any additional rules or policies

under consideration in several of the largest EU Member States (i.e., France, Germany, the United

Kingdom). A number of additional large-emitting countries follow in alphabetical order. Finally,

the Appendix provides a comparison of early 2009 vehicle efficiency standards across countries,

which may be a useful reference for a sector that emits a large portion of global GHG emissions.

Synthesis Observations

•

All countries examined have in place, or are developing, some enforceable

policies that serve to reduce greenhouse gas (GHG) emissions. Most are at some

stage of making their programs more stringent.

•

The scope of specific GHGs and economic sectors covered by national (or subnational) reduction measures is generally, but not completely, similar. All have

policies that affect carbon dioxide (CO2) emissions; most have some measures

that cover the additional five gases covered under the Kyoto Protocol, including

methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), perfluorocarbons

(PFC), and hydrofluorocarbons (HFC).

•

The programs and measures used vary across countries. Even when some

measures have similar names (e.g., voluntary programs and voluntary action

plans), the measures may differ in important ways that may influence their

effectiveness and impacts on trade competiveness. For example, many countries

support “voluntary programs” or “voluntary action plans.” Some of these

voluntary efforts may provide technical assistance with few requirements from

participants; other programs may include formal emission reduction targets,

reporting, and governmental pressure to achieve targets.

•

Within economic sectors of a country, emission rates and control requirements

may vary widely. A country may have some facilities with emission rates (or

energy intensities) comparable to the best globally, even if the country’s sector as

a whole has, for example, an energy intensity significantly higher than the global

average for that sector. Such discrepancies often occur in emerging economies

wherein an older, less-efficient industrial sector is being replaced by new

infrastructure.

•

Most of the programs include provisions to assist or exempt trade-sensitive

sectors, but the definition of what is trade-sensitive, and the approaches to

assisting or protecting the sectors, vary widely. “Trade-sensitivity” is a

continuing phenomenon. Companies become more or less competitive on an

international market according to a host of factors, including productivity, market

demand, resource costs, labor costs, exchange rates, and the like. The addition of

a carbon control regime to this competitive dynamic has raised concerns that, in

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An Overview of Greenhouse Gas (GHG) Control Policies in Various Countries

the absence of similar policies among competing nations, trade-exposed

industries that must control their emissions, or face increased costs passedthrough by suppliers, may be less competitive and may lose global market share

to competitors in countries lacking comparable carbon policies.1 These concerns

have led many countries to consider specific provisions for exposed sectors.

•

Assessing the comparability of GHG control policies across countries and in

specific sectors could be difficult, and the results could be subject to debate. How

well alternative policy directions and methods could stand up under possible

challenges against border adjustments under the World Trade Organization

(WTO) may merit further investigation. However, consideration of specific

methods to assess comparability, and their implications, is beyond the scope of

this report.

1

For a further discussion on trade-sensitivity issues, see CRS Report R40100, “Carbon Leakage” and Trade: Issues

and Approaches, by Larry Parker and John Blodgett; and CRS Report R40914, Climate Change: EU and Proposed

U.S. Approaches to Carbon Leakage and WTO Implications, by Larry Parker and Jeanne J. Grimmett.

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European Union2

1. Overall GHG emission target, if any, and timing:

Under the Kyoto Protocol, the European Union (EU) agreed to reduce GHG emissions of its 15

Member states in 1997 (EU-15) in aggregate by 8% below 1990 levels during the first

commitment period of 2008-2012. (There is no collective target for the EU-27, the current 27

Member states of the EU.) In 2007 and 2008, EU-15 GHG emissions were approximately 5% and

6%, respectively, below 1990 levels. In November 2009, The European Commission projected

that the EU-15 will surpass its obligation to reduce GHG emissions under the Kyoto Protocol. 3

The EU-15 will have reduced their domestic GHG emissions to about 7% below 1990 levels

during 2008-2012. Plans by EU-15 Member states to acquire international credits through the

Kyoto Protocol’s three market-based mechanisms would provide another 2.2% GHG reduction,

while acquisitions by operators in the EU Emission Trading Systems may provide an additional

1.4% GHG reduction, and enhancement of carbon removals by sinks may offer another 1.0%.

With additional policies and measures, the Commission projects that the EU-15 may be around

13% below 1990 levels in 2008-2015.

For the post-Kyoto period (beyond 2012), the European Council adopted on April 23, 2009, the

“20-20-20” Policy”—a climate and energy package to require by 2020:

•

a 20% reduction in GHG emissions from 1990 levels,

•

a 20% share of renewable energy in the European Union’s final consumption

figures (including a 10% share in each Member State’s transport sector), and

•

a 20% reduction in energy consumption.4

The legislation also committed to scale up the GHG emission reduction target to 30% if other

developed countries make comparable efforts under a new international agreement. The purpose

is to limit the global temperature rise to no more than 2˚Celsius above preindustrial levels.

2. Principal Policy Instrument(s):

a. Expansion of current European Union Emissions Trading System (EU ETS).5

b. Effort-sharing relationships among Member States to reduce emissions in sectors not covered

by the EU ETS. It will be left to Member States to define and implement policies in such sectors,

although a number of EU-wide measures in areas such as efficiency standards, passenger car

emission standards, and a landfill directive for waste disposal will contribute. The European

2

This section was prepared by Richard K. Lattanzio, Analyst in Environmental Policy (7-1754), with input from Larry

Parker, Specialist in Energy and Environmental Policy (7-7238) and Jane A. Leggett, Specialist in Environmental and

Energy Policy (7-9525).

3

http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/1703&format=HTML&aged=0&language=EN&

guiLanguage=en.

4

See {COM(2008) 13 final}; {COM(2008) 16 final}; {COM(2008) 17 final}; {COM(2008) 18 final}; {COM(2008)

19 final} at http://ec.europa.eu/environment/climat/emission/pdf/com_2008_16_en.pdf.

5

(2003/87/EC); see http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/628&format=HTML&aged=0&

language=EN&guiLanguage=en. Also see CRS Report RL34150, Climate Change and the EU Emissions Trading

Scheme (ETS): Kyoto and Beyond, by Larry Parker.

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Community infringement procedures and mechanisms for corrective action under the effortsharing decision are to be put in place to monitor progress.6

c. Regulations stipulating mandatory national targets for the overall shares of energy from

renewable sources in gross final consumption of energy, taking into account differing starting

points for each Member. 7 It will be left to Member States to determine renewable share allocation

among sectors.

At the national level, several EU Member states also impose carbon emission fees to some

degree. Carbon fees exist in Denmark, Finland, and Sweden. French President Sarkozy had

announced carbon taxes to begin on January 1, 2010, on French households and motor fuels,

though their introduction has been delayed by an adverse constitutional ruling. Spain and Ireland

reportedly have also signaled that they may consider domestic carbon fees in addition to EU and

other national policies. 8 In addition, on October 5, 2009, an EU Taxation Commissioner revealed

that in early 2010 the European Commission plans to propose an expansion of existing energy

taxation in order to charge CO2 emission fees as well.9 The new carbon tax would cover sectors

not under the EU ETS (see below), such as agriculture, households, and transport. The proposal

explicitly is intended to help the EU achieve compliance with its law to reduce GHG emissions to

20% below 1990 levels by 2020. All taxation proposals, to pass into law, require unanimous

agreement of the 27 EU Member states, which may be difficult to achieve, and the assent of the

European Parliament.

3. Covered Gases and Sectors:

The only greenhouse gas covered under the original 2003 EU ETS was CO2. The expanded EU

ETS to take effect in 2013 will add N2O emissions from nitric, adipic, and glyoxalic acid

production, and PFC emissions from the aluminum sector. Gases not stipulated in the EU ETS,

but defined as “greenhouse gases” in Annex II of DIRECTIVE 2003/87/EC include CH4, HFC,

and SF6. These gases will be controlled under guidelines for sectors not covered by the EU ETS.

Sectors originally covered in the 2003 EU ETS were: power and combustion installations

(exceeding 20 megawatts (MW)); petroleum refineries; coke ovens; metal ore production

installations; iron and steel production installations (exceeding 2.5 tons of product per hour);

6

Each Member State is responsible for the implementation of Community law (adoption of implementing measures

before a specified deadline, conformity and correct application) within its own legal system. Under the Treaties (Article

226 of the EC Treaty; Article 141 of the Euratom Treaty), the Commission of the European Communities is responsible

for ensuring that Community law is correctly applied. Consequently, where a Member State fails to comply with

Community law, the Commission has powers of its own (action for non-compliance) to try to bring the infringement to

an end and, where necessary, may refer the case to the European Court of Justice. For additional information, see

http://ec.europa.eu/community_law/infringements/infringements_en.htm

7

Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009.

8

See, for example, Andres Cala, Europe Warming to Carbon Tax, Energy Tribune. “Spain and Ireland, which until

recently were considered unlikely candidates to follow suit because of their high unemployment rates, are also

weighing adding similar levies next year. Ireland’s Finance Minister, Brian Lenihan, said recently that the government

would not raise taxes to finance next year’s budget, with the single exception of a carbon tax.... Spain’s Prime Minister

Jose Luis Rodriguez Zapatero, which has announced a fiscal reform to raise more money to control a rampant deficit,

called the carbon tax an ‘interesting’ proposal and added carbon taxes will inevitably be applied by most countries.” 23

Sept. 2009. http://www.energytribune.com/articles.cfm?aid=2354

9

http://news.bna.com/deln/DELNWB/split_display.adp?fedfid=15354499&vname=dennotallissues&fn=15354499&

jd=a0c0y8h5r1&split=0; http://www.reuters.com/article/GCA-GreenBusiness/idUSTRE59544A20091006.

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factories for cement (exceeding 50 tons per day), glass (exceeding 20 tons per day); ceramics

including tiles, bricks, stoneware, porcelain (exceeding 75 tons per day); and production of pulp,

paper and board (exceeding 20 tons per day). The expanded EU ETS will increase the scope of

covered sectors beginning in 2013 to include primary and secondary aluminum production

facilities; ferrous, ferro-alloy, and non-ferrous metal production facilities; mineral wool and

gypsum plants; ammonia, petro-chemical and chemical plants including carbon black organics,

nitric acid, adipic acid, glyoxal, organic chemicals (exceeding 100 tons per day), hydrogen

(exceeding 25 tons per day), soda ash, and sodium bicarbonate. Additionally, certain categories of

aviation will be incorporated into the ETS involving commercial flights departing or arriving in a

territory of a Member State.10 In the EU ETS, Member states decide a National Allocation Plan

(NAP), subject to review by the EU, to give emission allowances to individual plants. In the first

pilot trading period, some Member states allocated more emission allowances than needed to

companies, so that revisions to the scheme in Phase III, beginning in 2013, have been adopted to

avoid over-allocation, including increasing rates of auctioning allowances.

Sectors not covered by the EU ETS but covered by adopted legislation include transport, housing,

agriculture, and waste (see the following discussion).

4. Allocation of GHG reductions to various sectors:

The European Union’s programs call for a 21% reduction in EU ETS sector emissions compared

to 2005 and a 10% reduction in non-EU ETS sector emissions compared to 2005. This is

expected to achieve an overall reduction of 14% compared with 2005, which is equivalent to a

reduction of 20% compared with 1990. The EU ETS covers electricity generation and the main

energy-intensive industries—power stations, refineries, iron and steel, cement and lime, paper,

food and drink, glass, ceramics, engineering, and vehicles. Initially, countries allocate allowances

to covered sectors, but limited auctioning of permits is planned for the future (e.g., maximum

10% of allowances are auctioned in Phase II).

Phase III ETS: Emissions from sectors covered in the EU ETS will be cut 21% from 2005 levels

by 2020. A single EU-wide cap on emissions will be set for EU ETS covered sectors. Allowances

will be allocated on the basis of rules harmonized across Member states. The tentative annual cap

figure will begin at 1,974 million tons CO2 in 2013 and decrease annually. The total number of

allowances (one allowance equals permission to emit one ton) in 2013 will begin at the average

total quantity issued for the 2008-2012 period and will decrease annually at a rate of 1.74%. Free

allocation of emission allowances will be progressively replaced by auctioning allowances by

2020. Auctioning will begin in 2013 at 20% and gradually rise to 70% in 2020 and to 100% in

2027. Power producers must acquire all allowances at auction in order to prevent windfall profits

(following experience under the pilot trading period). Member States that are highly dependent on

fossil fuels and/or States insufficiently connected to the grid (these include Bulgaria, Cyprus,

Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland and Romania) are allowed to

apply for a derogation procedure of reduced auctioning rates for power production of 30% in

2013, gradually rising to 100% in 2020, as long as producers invest in clean technologies to the

market value of the permits. Furthermore, less affluent states (the 10 above plus Greece and

Portugal) will receive an increased amount of emission permits to auction amounting to 12%

more than their actual share to assist in revenue generation. Each Member state will be allowed to

10

See CRS Report R40090, Aviation and Climate Change, by James E. McCarthy.

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determine use of revenue with a suggested investment of 50% toward clean technologies and

pollution abatement.

Non-ETS: Sectors not covered by the EU ETS are transport, housing, agriculture and waste. The

2009 Directive proposes to cut emission in these sectors by 10% EU-wide from 2005 levels by

2020. Targets will be mandated according to each Member states’ relative wealth (based on GDP

per capita and economic growth prospects) with figures ranging from -20% to +20%. Targets are

binding on Member states and are enforceable through the usual EU infringement procedure.11 If

a country exceeds its annual objective, it must implement corrective measures, and will be

penalized via a deduction from the following year’s CO2 allowance. Several flexibility measures

are available including the possibility of trading emission cuts across countries; carrying forward

(“banking”) extra emission reductions; and using a limited amount of credit from developing

countries (through an offsets mechanism similar to the Kyoto Protocol’s Clean Development

Mechanism).

The transportation sector has legally binding standards for CO2 emissions from new passenger

cars to apply as of 2012 in order the meet the 20% emission reduction by 2020.12 Reductions are

required to achieve 120 grams carbon dioxide per kilometer (CO2/km) for 65% of fleet in 2012,

75% in 2013, 80% in 2014 and 100% starting in 2015. A target of 95 grams CO2/km is set for

2020. Enforcement is set through financial penalties against the car manufacturers depending on

how far their fleet exceeds the targets.13

A renewable energy mandate sets mandatory national targets for each Member state in accordance

with each country’s different starting points. The purpose of mandates is to provide certainties for

investment. Each country will report to the European Council by June 2010 regarding how each

Member has allocated the renewable target among transport, electricity, heating and cooling

sectors. A 10% target for renewable energy in the transportation sector is set at the same level for

all countries.

5. Any regulations or exemptions specific to trade-sensitive sectors:

The climate and energy package in the 2009 Directive provides that the risk of “carbon leakage”14

may be reduced by allotting free carbon allowances to businesses exposed to “significant risk of

carbon leakage” (SRCL) by the cost of compliance with the EU ETS. (The European

Commission must adopt a list of sectors deemed exposed to a significant risk of carbon leakage

no later than December 31, 2009. A draft list was proposed in September 2009, discussed below.)

However, any free allowances will not be decided until 2011. The list may be revised before

2014, based on reanalysis of trade figures, and identification of countries that make firm

commitments to reduce their GHG emissions.

11

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/misc/107136.pdf.

Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009.

13

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/misc/107136.pdf.

14

If one or more countries requires carbon controls that add to production costs in businesses that compete

internationally, it is possible for “carbon leakage” to occur if production in the controlled countries declines because

purchasers instead buy increased supply from uncontrolled producers in other countries. Though emissions may decline

from the controlled facilities, they may increase at uncontrolled facilities, thereby leading to “carbon leakage.” This

would offset the benefits of the emission controls.

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If international negotiations on climate change in Copenhagen do not lead to a comprehensive

international agreement, several criteria permit an EU ETS-covered industrial sector to allege

SRCL:

•

if the industry can demonstrate that purchasing permits increases its costs (more

than 5% of gross value added) and faces international competition (non-EU trade

intensity above 10%), or

•

if the industry can demonstrate that purchasing permits significantly increases its

costs (more than 30% of gross value added), or

•

if the industry faces international competition (non-EU trade intensity above

30%), then it can qualify for the free allocation of allowances.

Free allocation of permits typically will not be at 100% of needs for SRCL facilities, however.

Free allowances will be adjusted according to Community-wide ex-ante benchmarks so as to

ensure incentives for GHG reduction. The benchmarks will be set at the average performance of

the 10% most GHG emissions-efficient installations in a sector in 2007-2008. Only the most

efficient businesses in a sector, therefore, have a chance to receive all of their allowances free. If a

business emits more than this benchmark allocation, it will need to acquire allowances up to its

actual emissions.

As of September 2009, EU analysis assessed the industries and productions potentially exposed to

carbon leakage risks. Assuming that 100% of allowances were auctioned (which will not occur

initially), the analysis concluded that 146 sectors (out of 258) and five additional product

categories meet the EU’s criteria for being exposed to SRCL.15 Outside of these sectors, 13

subsectors and products may be exposed to risk: food processing industries; industrial gases; nonmetallic mineral products; glass fibers (filament glass fibers); and, colors and similar preparations

for ceramics/glass etc.16 The EU analysis estimates that the listed sectors now constitute about

75% of GHG emissions covered by the EU ETS.

An alternative approach to issues of competitiveness in trade sensitive sectors put forward by the

European Commission is the integration of importers into the EU ETS. Under an integrated

emission trading regime, foreign producers would purchase emission certificates for their imports

according to the emissions produced. In a speech in London on January 21, 2008, the President of

the European Commission, Jose Manuel Barroso, said: “I think we should also be ready to ...

require importers to obtain allowances alongside European competitors, as long as such a system

is compatible with WTO requirements.” Beyond these measures, French President Nicolas

Sarkozy, with possible interest from German Chancellor Angela Merkel, has indicated interest in

potentially charging carbon levies against imports from countries that do not meet stringent

environmental standards. (See fact sheet on France. See also the Appendix, comparing EU

efficiency standards for motor vehicles with those of other countries.)

On December 22, 2009, E.U. environment ministers—including those from then-E.U. President

Sweden and incoming-E.U. President Spain—were stated as saying that the 27-nation bloc would

15

Of the 146 sectors, 117 have trade intensity > 30%; 27 have both estimated CO2 costs >5% and trade intensity >

10%; and two sectors have CO2 cost above 30% and trade intensity < 10%. Hans Bergman, “Sectors Deemed to be

Exposed to a Significant Risk of Carbon Leakage—Outcome of the Assessment” presentation to Working Group 3

Meeting, 18 September 2009.

16

http://ec.europa.eu/environment/climat/emission/carbon_en.htm.

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consider imposing carbon tariffs and other border sanctions in the wake of perceived failures at

the Copenhagen climate conference. No details were stated, but Teresa Ribera, Spain’s Secretary

of State for Climate Change, reportedly said that Spain plans to convene special meetings for the

E.U. environmental ministers in the upcoming months to discuss the “strategic line” the European

Union should take in promoting an international environmental agenda.

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France17

(Policies and statements if substantially different from the European Commission)

1. Overall GHG emission target, if any, and timing:

Under the Kyoto Protocol, France’s share of the EU target is not to exceed the 1990 level during

the period 2008-2012.

France has a stated long-term national GHG emissions target of 75% below the 1990 level by

2050. A law is planned to reduce energy consumption of existing buildings by 38% by 2020.

2. Principal Policy Instrument(s): (See “EU ETS.”)

Beyond instruments of the European Union, policy considerations have ranged from a freeze on

the building of new highways and airports, to a vast plan to shift freight traffic from road to rail,

to a commitment to slash pesticide use by half within 10 years by Europe’s biggest farm producer.

Tramway and TGV high-speed train networks are to be extended, and drivers encouraged to buy

cleaner cars through bonuses and penalties. In October 2007, French President Nicolas Sarkozy

called for a plan to institute a national “carbon tax” on global-warming pollutants. The Sarkozyproposed carbon tax was rejected by France’s Constitutional Council in December 2009;

however, the party said the measure would be redrafted for passage in 2010 (see below).

3. Covered Gases and Sectors: (See “European Union.”) The administration’s proposed carbon

tax would apply to households and motor fuels but not to large businesses and power generators,

as they are not covered by the EU ETS.

4. Allocation of GHG reductions to various sectors:

About half of French industry’s GHG emissions are covered by the EU ETS, including large

emission sources in the power generation, iron, steel, glass, cement, pottery and brick sectors.

In September 2009, President Nicolas Sarkozy stated that the proposed carbon tax would begin in

January 2010. Because Sarkozy’s party holds a majority in its parliament, expectations are that

the new carbon levy will be enacted into law. Initially set at 17 Euros (US$25)18 per ton of

emitted CO2, the tax on the use of oil, natural gas and coal would nudge up the cost of a liter of

gasoline by US$0.06 (US$0.23 a gallon). It would apply to households as well as enterprises, but

not to the heavy industries and power companies in France that are covered by the EU’s

emissions trading scheme (see the EU ETS under “European Union”). Revenues from the new tax

would be returned to taxpayers through cuts in income tax and other taxes. France’s Le Monde

newspaper says the tax will cover 70% of the country’s carbon emissions (e.g., from vehicles) and

bring in about 4.3 billion Euros (US$6.4 billion) of revenue annually. Sweden, Denmark, Finland,

Norway and Switzerland already impose similar taxes, although Sweden’s is levied at a much

higher emission fee (108 Euros/ton of CO2, or US$161/ton).

17

This section was prepared by Richard K. Lattanzio, Analyst in Environmental Policy (7-1754).

Live market currency exchange rate for November 19, 2009, is listed as 1 Euro equivalent to 1.49 US$

(http://www.xe.com/). Currency rates are subject to fluctuation.

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On December 28, 2009, France’s Constitutional Council rejected the carbon tax because the bill

reportedly contained too many exceptions for polluters, broke with past practices, and produced

an unfair tax burden on individual consumers. The French Council was stated as saying that the

tax was flawed because it would have raised the cost of vehicle and home heating fuel without

commensurate increases on other sources of emissions. The Sarkozy administration promised an

amended bill back to council ministers by January 20, 2010. To address objections, a new bill

would need to subject corporate industry to the tax, a requirement opposed by French companies

already concerned with decreasing competitiveness. France continues to back efforts to introduce

an E.U.-wide carbon tax and a border tax at E.U. frontiers as ways to allay industry concerns (see

below).

5. Any regulations or exemptions specific to trade-sensitive sectors:

French President Nicolas Sarkozy has promoted a European levy on carbon-intensive imports

from countries outside the Kyoto Protocol. The United States could be subject to such proposed

fees should it not adopt legally enforceable GHG controls domestically. The Economist has said,

“That leads some to suspect that his ultimate objective is to create a pretext for

protectionism.”19,20

In addition, President Sarkozy, along with German Chancellor Angela Merkel, has called for the

United Nations to support “appropriate adjustment measures” to be levied against countries that

do not join or implement an international agreement being negotiated for agreement in

Copenhagen in December 2009.21

Motor Vehicles: A law is planned to cut GHG emissions from transport by 20% by 2020; it

would include a goal of 7% bio-fuels by 2010 and EU emissions limit for new cars—130g/km—

to be phased in from 2012.

19

Economist, Sept. 17 2009. http://www.economist.com/world/europe/displaystory.cfm?story_id=14460346.

In the international negotiations held in Copenhagen in December 2010, France (nor the EU) agreed with the United

States, Australia, and China to reaffirm a principle not to hide trade protectionism behind climate change policy

measures, according to a New York Times article. http://www.nytimes.com/2009/12/16/business/global/16trade.html?

fta=y.

21

http://news.yahoo.com/s/afp/20090918/sc_afp/francegermanyclimateenvironmentuneu.

20

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Germany22

(Policies and statements if substantially different from the European Commission)

1. Overall GHG emission target, if any, and timing:

Under the Kyoto Protocol, Germany’s share of the EU target is to reduce GHG emissions to 21%

below 1990 levels during the period 2008-2012. (Germany was able to take on such a deep target

because of its reunification with East Germany, taking on East Germany’s high emissions

baseline and reducing emissions by closing and improving many inefficient installations.)

The German government approved a new package of climate change measures in June 2008 that

are a legal transposition of the EU’s Integrated Climate Change and Energy Programme. 23 The

German measures aim at a CO2 emission reduction of 40% by 2020 compared to 1990 levels. The

legislative package focuses on the transport and construction sectors.

2. Principal Policy Instrument(s): (See “EU ETS.”)

The Integrated Climate Change and Energy Programme: In 2007, the German government,

working from the general guidelines of European policy decisions, implemented a concrete

program of measures at the national level. Through 29 measures, the program addresses a wide

range of matters, including combined heat and power generation, the expansion of renewable

energies in the power sector, carbon capture and sequestration (CCS) technologies, smart

metering, clean power station technologies, the introduction of modern energy management

systems, support programs for climate protection and energy efficiency (apart from buildings),

energy efficient products, provisions on the feed-in of biogas to natural gas grids, an energy

savings ordinance, a modernization program to reduce CO2 emissions from buildings, energy

efficient modernization of social infrastructure, the Renewable Energies Heat Act program for the

energy efficient modernization of federal buildings, a carbon dioxide strategy for passenger cars,

the expansion of the bio-fuels market, reform of vehicle tax on the basis of carbon dioxide,

energy labeling of passenger cars, the reduction of emissions of fluorinated greenhouse gases,

procurement of energy efficient products and services, energy research and innovation, increased

electric mobility, international projects on climate protection and energy efficiency, reporting on

energy and climate policy by German embassies and consulates, and a transatlantic climate and

technology initiative. In June 2008, the program was enacted with a package of measures to

double electricity generated by combined heat and power technology (CHP) to 25%. The share of

renewable electricity will also be increased to 20%, especially through subsidizing off-shore wind

farm development. At the same time the package has set a target of producing half of Germany’s

electricity from renewable energy sources or super-efficient plants by 2020. The package aims for

an 11% reduction in electricity consumption by 2020.

Loans for energy efficiency and CO2 reduction measures in the domestic sector have been

available as an economic recovery measure.

22

23

This section was prepared by Richard K. Lattanzio, Analyst in Environmental Policy (7-1754).

http://www.bmu.de/english/climate/doc/39945.php.

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3. Covered Gases and Sectors: (See “European Union.”)

4. Allocation of GHG reductions to various sectors: (See “European Union.”)

5. Any regulations or exemptions specific to trade-sensitive sectors:

Germany wants to give companies in globally traded sectors bigger EU allowance quotas in the

EU ETS to soften the cost impact of Europe’s climate change policy.

Germany has been a vocal opponent of auctioning emissions allowances, although the EU has

decided to move forward with limited auctioning. As examples of Germany’s past stance, in

January 2008, Environment Minister Sigmar Gabriel critiqued the European Commission’s plan

to commence auctioning emissions permits that are currently distributed for free, stating that “The

European Union cannot ignore the question of how to preserve the international competitiveness

of industries that consume lots of energy,” such as cement, steel and chemicals, all key sectors of

the Germany economy. 24 Sectors “which have reached their average for reductions of carbon

dioxide emissions must be able to obtain free emission rights to be able to remain in Europe,”

claiming that many European industries could be forced to relocate elsewhere in order to maintain

competitive prices in international markets. German Economy Minister Michael Glos has also

criticized the plan to auction emission rights.25 Gabriel also condemned the weakness of the

commission’s project in terms of developing renewable energies, which he said threatened

national support for such energies. Gabriel nonetheless reiterated German opposition to EU plans

to reduce new car emissions to 120 grams of CO2/km by 2012 without distinguishing by the class

of vehicle (German car makers produce many powerful automobiles which emit high levels of

CO2).

24

25

See article at http://afp.google.com/article/ALeqM5jRYO-p98IjJ1mzuQxZoS4LODTsMg.

See article at http://www.eubusiness.com/news-eu/1200576720.98.

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An Overview of Greenhouse Gas (GHG) Control Policies in Various Countries

United Kingdom26

(Policies and statements if substantially different from the European Commission)

1. Overall GHG emission target, if any, and timing:

Under the Kyoto Protocol, the United Kingdom’s (UK) share of the EU target is to reduce GHG

emissions to 12.5% below 1990 levels during the period 2008-2012.

Climate Change Act of 2008 introduced a legally binding long-term target to cut emissions by at

least 80% by 2050 and at least 34% by 2020 compared to 1990 levels.27 Major provisions of the

act include the setting of legally binding targets, the establishment of a carbon budgeting system,

and the creation of a Committee on Climate Change. The carbon budgeting system establishes

caps on GHG emissions over five-year periods, with three budget periods being set at a time,

charting progress to 2050. The act also requires that the government amend the act to include

emissions from shipping and aviation by December 31, 2012. The act states that a reduction of

power sector emissions by 40% should be achievable by 2020.

Goal to reduce CO2 emissions from new houses to zero by 2016.

2. Principal Policy Instrument(s): (See “EU ETS.”)

The Carbon Budgeting System is outlined in the 2008 Climate Change Act. In it, the Secretary of

State is authorized to set an amount for the net UK carbon account (the “carbon budget”) for

successive periods of five years each (“budgetary periods”), beginning with the period 20082012.

The Carbon Reduction Commitment (CRC)28 applies to non-energy intensive sectors not covered

by the EU ETS. It will apply a mandatory emissions cap and trading program to cut carbon

emissions from large commercial and public sector organizations (including supermarkets, hotel

chains, government departments, large local authority buildings using more than 6,000 megawatt

hours (MWh) of electricity through mandatory half hourly meters) by 1.1 million tons of carbon

per year by 2020. Allowances in the CRC system would be sold by auction. The revenue raised

from the sale of Carbon Reduction Commitment allowances are to be recycled back into the

scheme through bonuses and penalties meant to stimulate organizations to reduce their levels of

emissions. Any bonus or penalty administered to an organization are to be based on their ranked

position on performance in three metrics (gross emissions, growth, and early compliance

actions). 29

The Carbon Emissions Reduction Target (CERT) came into effect on April 1, 2008, and will run

until 2011 as an obligation on energy suppliers to achieve targets for promoting reductions in

carbon emissions in the household sector. As reported by the Energy Savings Trust, an

26

27

This section was prepared by Richard K. Lattanzio, Analyst in Environmental Policy (7-1754).

http://www.opsi.gov.uk/acts/acts2008/ukpga_20080027_en_2#pt1-pb2-l1g4

28

For this and other policy descriptions, see the Department of Energy and Climate Change website:

http://www.decc.gov.uk/en/content/cms/publications/lc_trans_plan/lc_trans_plan.aspx

29

http://www.carbonreductioncommitment.info/carbon-reduction-commitment

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independent UK-based non-governmental organization, “it was originally estimated that CERT

would stimulate approximately £2.8 billion (US$4.7 billion)30 of investment by energy suppliers

in carbon reduction measures. In September 2008, the Government announced that the level of

funding available from the energy suppliers would be increased by £560 million” (US$893

million). The investment would increase the program’s lifetime carbon savings to 185 million

tons (Mt) CO2 (31 Mt CO2 more than under the original CERT target of 154 Mt CO2). 31

The Renewable Energy Strategy: The Department of Energy and Climate Change (DECC) details

how the UK plans to hit its target of getting 15% of energy (electricity, heat and transport) from

renewable sources by 2020. In order to achieve the target, 30% of electricity must come from

renewable energy sources, including nuclear power (a five-fold increase from today’s rate of

~5%), 12% of heat must be generated by renewables, and 10% of transport energy must be from

renewables. The main instrument to achieve these targets for renewable (and nuclear) electricity

generation are “Non-Fossil Fuel Obligations” (NFFO), begun in 1989, now Renewables

Obligations,” requiring operators of the distribution grid to purchase quotas of renewable and

nuclear electricity. The prices are subsidized by a Climate Change Levy. 32

The Climate Change Levy was established in the UK under the Finance Act 2000 (2000 c:17): a

tax on most fuels, including natural gas, electricity (including nuclear) and solid fuels, but not on

vehicle or household users, nor renewable energy or cogeneration. 33 Revenues are used to help

fund employment insurance, and to fund the Carbon Trust.34 In addition, energy-intensive

businesses qualify for a levy reduced by 80% if they signed voluntary Climate Change

Agreements to improve energy efficiency or reduce GHG emissions. Although the Climate

Change Levy initially was a fixed rate, the 2006 UK budget tied the rates to account for inflation

beginning in 2007.

3. Covered Gases and Sectors: (See “European Union.”)

4. Allocation of GHG reductions to various sectors

The EU ETS covers electricity generation and the main energy intensive industries—power

stations, refineries, iron and steel, cement and lime, paper, food and drink, glass, ceramics, and

engineering and vehicles. Overall, these account for around 50% of UK CO2 emissions. Nonenergy intensive, large-scale, commercial and public sectors are covered by the CRC policy

(amounting to 25% of the business sector). Household emissions are covered by the CERT

policy.35

30

Live market currency exchange rate for November 19, 2009, is listed as 1UK£ equivalent to 1.67 US$

(http://www.xe.com/). Currency rates are subject to fluctuation.

31

http://www.energysavingtrust.org.uk/Global-Data/Funding-Information/Carbon-Emissions-Reduction-Target-CERT.

32

http://www.publications.parliament.uk/pa/cm200708/cmselect/cmenvaud/590/59003.htm.

33

The Climate Change Levy revised and replaced a fossil fuel levy.

34

Maria Pender, “UK Climate Change Programme: Business and Public Sector Economic Agreements.”

35

http://www.berr.gov.uk/energy/environment/euets/index.html.

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5. Any regulations or exemptions specific to trade-sensitive sectors:

The UK’s “Low Carbon Industrial Strategy” states a vision that the nation “must create the

conditions for the UK to be—and be recognised as—the leading location in the world for growing

an innovative low carbon business and developing new low carbon products and services.”36 The

UK strategy appears oriented toward supporting identified opportunities in “green” businesses

and technologies, aiding them through:

36

•

a Low Carbon Investment Fund, (with financing of £405 million—US$674

million);

•

a business-led Technology Strategy Board;

•

an Energy Technologies Institute (ETI), serving as a private/public partnership to

invest in development of low carbon energy technologies;

•

R&D tax credits;

•

a Carbon Trust to support development and deployment of new and emerging

low carbon technologies; and

•

a UK “innovation infrastructure,” including intellectual property systems and

procedures, standards, and a National Measurement System.

DECC, Investing in a Low Carbon Britain, available at http://interactive.bis.gov.uk/lowcarbon/vision/.

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Australia37

1. Overall GHG emission target, if any, and timing:

Under the Kyoto Protocol, Australia accepted a target to limit its net GHG emission increase to

8% above 1990 levels. It has also proposed that, under a new international agreement, it would

take on a target to reduce its GHG emissions by 5% to 25% below 2000 levels by 2020, with the

more stringent commitment conditioned on whether “the world agrees to an ambitious global deal

to stabilise levels of CO2 equivalent in the atmosphere at 450 parts per million (ppm) or lower.”38

2. Principal Policy Instrument(s):

The Australian government proposed a Carbon Pollution Reduction Scheme (CPRS) to be phased

in beginning July 1, 2011. A one-year period would occur from 2011-12, during which carbon

emission permits would be sold at a fixed price Aus$10 per ton of carbon (US$9.20);39 these may

not be banked for use in later periods. The full cap-and-trade system would be in effect by 2012,

by which time all covered businesses must purchase carbon permits at market prices. The Senate

did not pass this proposal on its first or second readings in August and December 2009. Despite

addition of several exemptions and aid to selected industries, strong political opposition

(including the ousting of the Senate’s opposition leader who negotiated the compromise

provisions) in the Senate blocked passage of the measure. The Rudd Government has said it will

maintain its overall GHG goal of 25% below 2000 levels and will resubmit the proposal to the

Parliament again in February 2010. It has also indicated that, if the CPRS does not pass in

February, it will lead to “double dissolution” of the Parliament and a snap election, expected to

result in increased representation by Rudd’s allies.

The Australian program includes a Renewable Energy Target, and investment in carbon capture

and storage. Up to 5 percentage points of its offered 25% target for 2020 could be met by

purchase of international emission reduction credits using CPRS revenue, though no earlier than

2015. Eligible businesses also may receive government funding for energy efficiency

investments, available from a Aus$200 million (US$184 million) portion of a Climate Change

Action Fund.

In August, though the Australian Senate did not pass the carbon reduction proposal, it passed the

Renewable Energy Target (RET) into law40 that establishes a system of tradable Renewable

Energy Certificates (RECs). It requires that 20% of electricity come from renewable resources by

2020 (projected to require 45 gigawatt hours (GWh)). Currently, about 8% of Australia’s

electricity is generated with renewables. Among other provisions, the law provides Solar Credits,

allowing receipt of a multiple of 2-5 of RECs for qualified installations, that will subsidize the

capital costs of small-scale systems, such as household photovoltaic systems. The grants of RECs

37

This section was prepared by Jane A. Leggett, Specialist in Environmental and Energy Policy (7-9525).

http://www.environment.gov.au/minister/wong/2009/mr20090504.html.

39

Live market currency exchange rate for November 19, 2009, is listed as 1Aus$ equivalent to 0.92 US$

(http://www.xe.com/). Currency rates are subject to fluctuation.

40

Renewable Energy (Electricity) Amendment Act 2009, No. 78, 2009, C2009A00078; and Renewable Energy

(Electricity) (Charge) Amendment Act 2009, No. 79, 2009, C2009A00079. http://www.comlaw.gov.au/comlaw/

Legislation/Act1.nsf/0/94CB90B9EED48B69CA25762D001B6F5F?OpenDocument.

38

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will depend on the generation of energy, not the installed capacity (which, in some countries, has

not stimulated maximizing the use of installed capacity).

3. Covered Gases and Sectors:

As proposed, the CPRS would initially cover the six GHG of the Kyoto Protocol, and emissions

from stationary energy, transport, industrial processes, waste, forestry, and fugitive emissions

from oil and gas production. 41 It is expected to cover 75% of Australia’s GHG emissions and

about 1000 entities (out of 7.6 million registered businesses in Australia).42 Agriculture was

exempted in order to secure passage of the bill.

4. Allocation of GHG reductions to various sectors:

Permits would be available in 2011 at a fixed price of Aus$10 per ton of carbon-equivalent

(US$8.60), after which all covered sources must purchase their permits through auction or the

market.

5. Any regulations or exemptions specific to trade-sensitive sectors:

News reports indicate that the Rudd Government’s legislative proposal has been modified to gain

legislative support for the measure, by exempting agriculture from the system, and increasing

financial incentives to electric power generators, coal mines, and food processors.43 The proposed

CPRS includes provisions to assist emissions-intensive, trade-exposed industries (EITE).

Eligibility for assistance would be determined by an assessment of all entities conducting a

specific activity. First, there would be quantitative and qualitative tests to assess the activity’s

trade exposure. Second, there would be assessments of greenhouse gas intensity based on the

average emissions per million dollars of revenue or emissions per million dollars of value added.

The baseline for the emission data would be 2006-2007 to 2007-2008, while the baseline for

revenue/value added data would be 2004-2005 to the first half of 2008-2009.

The government allocates free permits using an allocation baseline of emissions per unit of output

for each EITE activity. This baseline will provide the basis for eligibility at either the 90% or 60%

assistance rates. The proposal44 would set up two initial rates of assistance: (1) 90% allocation of

allowances for activity with emissions intensity of at least 2,000 tons of emissions per million

dollars revenue or 6,000 tons of emissions per million dollars of value added; (2) 60% allocation

of allowances for activity with emissions intensity between 1,000 tons of emissions per million

dollars revenue and 1,999 tons of emissions per million dollars revenue or between 3,000 tons

and 5,999 tons of emissions per million dollars of value-added. This assistance per unit of

production will be reduced by 1.3% annually.

The proposed CPRS would include a five-year Global Recession Buffer as part of an assistance

package to EITE. Industries eligible for 60% assistance would receive a “buffer” of 10% free

41

Australian Government, Carbon Pollution Reduction Scheme: Australia’s Low Pollution Future: White Paper

(December 2008).

42

http://www.climatechange.gov.au/whitepaper/summary/index.html.

43

Reuters, “UPDATE 1-Australia Govt Secures Carbon Deal with Opposition,” November 24, 2009,

http://in.reuters.com/articlePrint?articleId=INSYD51352320091123.

44

http://www.environment.gov.au/minister/wong/2009/mr20090504a.html.

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emission permits; industries eligible for 90% assistance would receive a 5% buffer of free

emission permits.

Reviews of the EITE scheme would occur every five years, and would consider a list of identified

issues, including whether the assisted firms are making progress toward world’s best practice

efficiencies, and whether “broadly comparable carbon constraints” are imposed in competing

economies. Any changes to the system would require five years’ advance notice.

The scope of consideration for assistance includes (1) direct emissions covered, (2) related cost

increases for electricity and steam use, and (3) related cost increases for upstream emissions from

natural gas and its components (e.g., methane and ethane) used as feedstock. The assistance

package would include direct emissions and some indirect emissions.

Two amendment bills to the Renewable Energy (Electricity) Act 2000 were passed on August 20,

2009, and received Royal Assent on September 8, 2009. The Renewable Energy Amendments

contain provisions to assist electricity-intensive industries and the coal industry. Under these

provisions, one or more emissions-intensive trade-exposed activities may be partially exempted

from its REC requirements. If resulting Partial Exemption Certificates are taken into account, it

would reduce the charge for falling short of RECs that would otherwise be payable.45 In this law,

the definition of “emissions-intensive trade-exposed activity” would be either defined by further

regulations, or by regulations under a Carbon Pollution Reduction Scheme Act 2009 if passed.

The methods for calculating the amounts of partial exemptions would be defined by regulations.

45

Renewable Energy (Electricity) Amendment Act 2009, Schedule 2.

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Brazil46

1. Overall GHG emission target, if any, and timing:

In November 2009, Dilma Rousseff, chief of staff for Brazilian President Luiz Inácio Lula da

Silva, was reported as saying that her country would take a proposal for voluntary GHG

emissions reductions of 36%-39% by 2020 to the Copenhagen summit. 47 Brazil’s emissions

would drop to near 1994 levels if the top end of the pledge is met, representing about a 20% cut

from the 2.1 million tons emitted in 2005. The emission cuts would be based largely on reducing

deforestation rates, and would depend in large part on obtaining “sufficient” financing. President

Lula stated in December 2008 that Brazil would slow its rate of deforestation in the state of

Amazonas by 70% by 2017, compared to the average rate from 1996 to 2005. In September 2009,

the Brazilian government extended this target to an 80% reduction by 2020.48 Brazil has set a

target by 2010 for zero deforestation in its Atlantic Forest.

On December 28, 2009, President Lula signed into law the 39% reduction in emissions by 2020,

meeting the commitment made at the Copenhagen climate conference. The new law, however, is

subject to several decrees setting out responsibilities and regulations for the farming, industrial,

energy, and environmental sectors, and omits several vetoed provisions, including a reference to

“promoting the development of clean energy sources and the gradual phasing out of energy from

fossil fuels.” President Lula is expected to sign the decrees in January after consulting scientists

and other experts.49

2. Principal Policy Instrument(s):

In December 2008, Brazilian President Luiz Inácio Lula da Silva signed the National Climate

Change Plan (PNMC) into effect.50 Policy measures include:

46

47

•

Stimulating energy efficiency through best practice, including the

implementation of an energy efficiency policy that targets a savings of 106

terawatt hours per year (TWh/y) by 2030; the substitution of renewable charcoal

for coal in manufacturing sectors; the replacement of one million old

refrigerators per year for 10 years; the deployment of solar power systems for

water heating; and the phasing out of the use of fire for the clearing and cutting

of sugarcane.

•

Retaining a high renewable energy share in the electricity sector, including the

increase of the total electricity supply from cogeneration, mainly from sugarcane

bagasse, to 11.4% by 2030; the reduction of non-technical losses in electricity

This section was prepared by Richard K. Lattanzio, Analyst in Environmental Policy (7-1754).

See http://www.reuters.com/article/marketsNews/idUSN1347815120091113.

48

According to Brazil’s National Institute of Space Research (INPE), Brazil’s average rate of deforestation from 1996

to 2005 was 7,542 square miles annually, compared to averages of 6,574 annually from 1988 to 1995, and 4,974 from

2006 to 2008; http://www.mongabay.com/brazil.html. This target does not appear to include forests, including open

canopy forests, in other parts of Brazil, which may be cleared for agricultural production. Also, http://en.cop15.dk/

news/view+news?newsid=2351, http://www.cmcc.it:8008/cmcc/blog-en/brazil-sets-new-deforestation-target.

49

http://www.grist.org/article/2009-12-30-brazils-lula-signs-law-cutting-co2-emissions.

50

http://www.mma.gov.br/estruturas/208/_arquivos/national_plan_208.pdf.

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distribution at a rate of 1,000 GWh/y over the next 10 years; the addition of

34,460 MW capacity from new hydropower plants over the next 10 years; the

increase in electrical supply share from wind and sugarcane bagasse by 7,000

MW by 2010; and the expansion of the national solar photovoltaic industry and

its deployment in systems isolated from the grid.

•

Increasing the share of bio-fuels in transport matrix, including the attempt to

encourage industry to achieve an annual substitution rate of 11% bio-fuels for

fossil sources over the next 10 years; and the institution of a 5% bio-fuel to diesel

mandate by 2010;

•

Reducing deforestation rates and eliminating forest losses, increasing policing

against illegal logging and curtailing financing to illegal ranching.

•

Continuing the policy measures of prior renewable energy regulations including

the 2004 Program of Incentives for Alternative Electricity Sources (PROFINA),

coordinated by the Ministry of Mining and Energy and Centrais Elétricas

Brasileiras (Eletrobras). The program contains new strategies for the

incorporation of renewable resources in Brazil’s energy matrix and strengthens

the country’s policy on diversification and development. On its inception,

PROFINA contracted 144 generation stations to benefit 19 states with a

combined capacity of 3,300 MW from wind, biomass, and small hydro sources

for a potential GHG reduction of 2.8 Mt CO2/year.

Many of Brazil’s mitigation strategies involve the reduction of deforestation rates in the Amazon.

The current administration has expanded protected areas in the Amazon and implemented new

environmental policies. More than 62 natural reserves have been established in the Amazon,

bringing the total area of the Brazilian Amazon protected by law to 280,000 square kilometers,

the fourth-largest percentage of protected area in relation to territory among all countries. In

addition to the aforementioned National Climate Change Plan, Brazil has enacted other laws that

address deforestation and sustainable development.

•

The Public Forest Management Law encourages sustainable development, places

a moratorium on soybean plantings and cattle ranching in the Amazon, and

authorizes the creation of a plan to reduce the rate of Amazon deforestation by

half. Brazil plans to meet this goal by increasing federal patrols of forested areas,

replanting 21,000 square miles of forest, and financing sustainable development

projects in areas where the local economy depends on logging.

•

The Action Plan for the Prevention and Control of Amazon Deforestation intends

to improve the monitoring of the deforestation process, from a regional to a local

scale; promotes the presence of public authorities in critical zones; confronts the

economic speculation problem involved in public lands; plans the appropriate

distribution of public lands according to social and ecological needs; and retains

commercial wood exploration while also promoting sustainable forest

management.

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•

The Amazon Fund (a private fund) aims to combat deforestation and to promote

sustainable development in the Amazon. In 2008, Norway pledged $1 billion to

the fund through 2015, making it the first country to do so, stating that it would

donate as much as $130 million in 2009.51

The Brazilian government maintains that these efforts have been successful. It has recently been

reported that deforestation of the Amazon fell by the largest amount in more than 20 years,

dropping 45%, from nearly 5,000 square miles to some 2,700 square miles, in 2008, although

there normally is a great deal of year-to-year variability in deforestation rates.52 A continued

emphasis on enforcement coincides with legislation. The enactment of the Prevention of the Use

of Illegal Timber in the Building Industry Act, starting January 2009, asks for proof of the legal

origin of timber from building companies. As such, the government recovered 1.4 million cubic

meters of illegal wood and 700 people were put in prison.53

Observers note, however, that other factors contribute to the rate of deforestation beyond

governmental policy measures. Brazilian deforestation is strongly correlated to the economic

health of the country. Recent reductions are concurrent with the global economic downturn.

Falling commodity prices have stalled the expansion of ranching and agriculture into the Amazon.

While these trends have seemed favorable for emission reductions, some commentators still point

to what they consider continued deforestation practices by commercial and speculative interests,

misguided government policies, inappropriate World Bank projects, and commercial exploitation

of forest resources. Others see favorable taxation policies, combined with government subsidized

agriculture and colonization programs, as a continued encouragement for the destruction of the

Amazon. Still others emphasize the inherent difficulty in measuring, reporting and verifying any

GHG emission reductions in the Land Use, Land Use Change and Forestry (LULUCF) sector.

Finally, most stress the crucial commitment to local law enforcement policies to sustain any

regulatory reform that comes out of the federal government.

3. Covered Gases and Sectors:

Primarily CO2 in deforestation and other domestic agendas; however, U.N. Clean Development

Mechanism projects in Brazil include CH4 and N2O reductions.

4. Allocation of GHG reductions to various sectors:

Unlike other developed or developing countries, Brazil holds a unique endowment of natural

resources that affects its climate change portfolio in the power generation and transportation fuel

sectors. A low contribution of greenhouse gas emissions has been due to both market-driven and

governmental decisions to adopt renewable energy sources over the past few decades. The

markets for both hydroelectricity and sugarcane products (bagasse for thermal purposes and

ethanol for transportation fuel) have expanded 10-fold. During this period there was also an

important decrease in wood consumption in the residential and industrial sectors and an increase

in charcoal consumption in the industrial sector.

51

Brazil received $100 million of the pledge on March 25, 2009. The remainder is pending. See

http://inter.bndes.gov.br/english/news/not036_09.asp.

52

See http://www.eenews.net/Greenwire/2009/11/13/4.

53

http://www.redd-monitor.org/2009/01/23/brazils-national-plan-on-climate-change-and-the-amazon-fund%E2%80%9Cthis-plan-does-not-create-any-carbon-credits-or-right-to-emissions%E2%80%9D/.

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Taken together, however, the sectors of energy, industrial processes, solvents and waste treatment

contribute only 25% of total GHG emissions, estimated at approximately 1 billion tons. The rest

of Brazilian GHG emissions is tied to the LULUCF sector, and of that total, 90% corresponds to

the conversion of forests to other uses, especially agriculture and ranching. For this reason, most

of Brazil’s mitigation policies have concentrated on the forestry sector.

5. Any regulations or exemptions specific to trade-sensitive sectors:

Not specified.

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Canada54

1. Overall GHG emission target, if any:

In April 2007, then-Environment Minister John Baird announced that by 2020, Canada would

reduce its GHG emissions by 150 million tons, or 20%, from its 2006 level. Beyond this, the

government hopes to achieve a 60%-70% reduction by 2050.55 The Kyoto emission reduction

targets are scored from 1990 (with a few explicit exceptions); some analysts assert that, since

Canada’s GHG emissions rose 27% between 1990 and 2004, the government would be able to

demonstrate far greater progress if it were able to use 2006 as its base year in the Copenhagen

Agreement.56

2. Principal Policy Instrument(s):

The government’s most recent plan for regulating industrial air emissions was announced in

March 2008.57 However, observers note that it remains indefinite. Canada’s current Environment

Minister, Jim Prentice, is traveling around the country’s 10 provinces soliciting ideas on a capand-trade system. There has reportedly been a great deal of pressure on the Minister to develop a

plan that will be compatible with whatever may be developed in the United States. For example,

the original 2007 Canadian plan called for an “intensity target” rather than a cap. Bilateral

discussions over a compatible cap-and-trade system are underway. 58 The effort at cross-border

harmonization is likely due to the extensive economic integration between the two countries.

The government aims to complete its policy formulation and present its formal plan before the

December 2009 United Nations climate change Conference of the Parties in Copenhagen. Some

observers note that the government’s ambitions might be delayed or curtailed if a snap election is

called; however the prospect of such a vote is believed to be increasingly unlikely.59

Recognizing that the transportation sector is responsible for about 27% of GHG emissions, the

Canadian government is also set to issue mandatory auto emissions regulations—essentially

converting fuel efficiency into CO2 limits—and likely will seek to make its standards compatible

with those set by the U.S. Environmental Protection Agency. The Environment Ministry may also

issue modified regulations regarding usage of ethanol. These changes would be facilitated by

amendments to the Canadian Environmental Protection Act of 1999, which, among other things,

54

This section was prepared by Carl Ek, Specialist in International Relations (7-7286).

Canada’s New Government Announces Mandatory Industrial Targets to Tackle Climate Change and Reduce Air

Pollution. News release. Environment Canada website. April 27, 2007. http://www.ec.gc.ca/default.asp?lang=En&n=

714D9AAE-1&news=4F2292E9-3EFF-48D3-A7E4-CEFA05D70C21.

56

No Clear Environmental Champion; Canada and the United States Have Shown Varied Levels of Aggressiveness in

the Fight to Combat Climate Change. Globe and Mail. July 9, 2008. See also: Canada’s Greenhouse Emissions Soaring

Again: UN Report. Canwest News Service. April 21, 2009.

57

Government Delivers Details of Greenhouse Gas Regulatory Framework. News release. Environment Canada

website. March 10, 2008. http://www.ec.gc.ca/default.asp?lang=En&n=714D9AAE-1&news=B2B42466-B768-424C9A5B-6D59C2AE1C36.

58

Notes for an address by the Honourable Jim Prentice, P.C., Q.C., M.P. Minister of the Environment on Canada’s

climate change plan. Speech. Environment Canada website. June 4, 2009. http://www.ec.gc.ca/default.asp?lang=En&

n=6F2DE1CA-1&news=400A4566-DA85-4A0C-B9F4-BABE2DF555C7.

59

CRS discussion with Canadian government official, September 10, 2009.

55

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can be used to regulate tailpipe emissions and ethanol blending. Regulations have yet to be

published; the ministry likely will attempt to match and harmonize its emissions standards on a

continental basis.

The federal government can also use its spending power to control pollution. The government has

created a climate change “ecoTrust” fund from which the provinces may draw in order to pay for

programs to reduce their own GHG emissions. The last two federal budgets have also included

significant funding for carbon capture and storage, including a large-scale demonstration facility.

This could be one important aspect of the attempt to reduce emissions arising from some

provinces’ extensive use of coal as an energy source; it also could be used for oil sands.

3. Covered Gases and Sectors:

Although the details are still being negotiated, Canada’s regulations will likely cover the six gases

included in the Kyoto Protocol. In reducing GHG emissions in Canada, the government will

likely also attempt to co-reduce other pollutants such as sulfur dioxide, particulate matter, and

mercury. Specific sectors have yet to be determined.

4. Allocation of GHG reductions to various sectors:

The government has not yet determined the sectoral allocation of reductions, but it has calculated

that 35% of Canada’s GHG emissions arise from fossil fuel production, industrial processing and

manufacturing; 22% from services, residential, waste and agriculture; 16% from electricity and

heat generation; and 27% from transportation.60

5. Any regulations or exemptions specific to trade-sensitive sectors:

Canadian government officials maintain that exemptions—if any—and regulations are yet to

come, and that Environment Minister Prentice is still attempting to strike agreements with the

various provinces.

60

Notes For an Address by the Honourable Jim Prentice, P.C., Q.C., M.P. Minister of the Environment on New

Regulations To Limit Greenhouse Gas Emissions. Speech. Environment Canada website. April 1, 2009.

http://www.ec.gc.ca/default.asp?lang=En&n=6F2DE1CA-1&news=D8C4903B-B406-4B70-8A4A-EDEF99B71D38.

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China61

1. Overall GHG emission target, if any, and timing:

The 11th Five-Year Plan set compulsory energy and pollution targets for 2006-2010 that have

slowed growth of GHG emissions, and those energy targets appear likely to be reached or

surpassed by 2010. However, as China publishes neither its GHG emissions nor the effects of

policies on GHG trajectories, validating reports of progress is not possible. Chinese Premier Wen

Jiabao in November 2009 stated a national target to reduce GHG emissions by reducing carbon

intensity (emissions per unit of economic output) by 40%-45% by 2020 compared with 2005

levels.62 The State Council indicated that this carbon-intensity target will be made a “binding

goal” in China’s 12th Five-Year Plan, from 2011-2015, and long-term national social and

economic development plans.

One Chinese researcher has estimated that, if these Chinese economy doubles by 2020, the 40%45% target would hold GHG to approximately today’s emissions level. 63 The Chinese climate

change website suggests that Chinese leaders are “mulling” GHG goals of improvement of

carbon intensity of 4%-5% annually over several decades, which could lead to an 85%-90%

reduction of carbon intensity by 2050 compared to the 2005 rate.64 (A percentage improvement

expressed as carbon intensity would be easier to achieve than the same percentage target

expressed as energy intensity, so this rate of annual improvement would be less than the annual

energy intensity improvement target in the current five-year plan.)

2. Principal Policy Instrument(s):

Edicts specify national, provincial, and plant-specific targets or actions. For example, one

national goal is to reduce energy consumption per unit of GDP by 20% from 2006-2010. Each

province was given a corresponding target in June 2006, and many local governments were

assigned energy conservation targets by the National Development and Reform Commission

(NDRC) in July 2006. Some of the key instruments the central government is using to meet its

targets for 2010 include:

61

•

reducing or eliminating incentives for energy-intensive exports (e.g., export tax

rebates);

•

implementing a program of “Large Substitute for Small,” closing half of small,

inefficient electric power plants by 2010, and banning new small plants;

•

removing some subsidies from inefficient or polluting plants;

This section was prepared by Jane A. Leggett, Specialist in Environmental and Energy Policy (7-9525).

62

Xinhuanet, “China Announces Targets on Carbon Dioxide Emission Cuts,” November 26, 2009,

http://www.ccchina.gov.cn/en/NewsInfo.asp?NewsId=20831.

63

Xinhuanet, ibid.

64

http://www.ccchina.gov.cn/en/NewsInfo.asp?NewsId=20325. This article also points to a study indicating that an

83% reduction of carbon intensity by 2050 would cost about 2.3% of GDP, while a 90% reduction of carbon intensity

would cost about 7% of GDP. It is unclear whether this is a lost compared to the annual rate of GDP growth, or to

cumulative GDP growth in 2050.

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•

setting 2010 energy consumption targets within the Top-1000 Enterprise Program

for each large enterprise (in total representing 33% of national energy use in

2004);

•

requiring closure of small and inefficient industrial plants, sometimes with

compensatory payments;

•

setting electricity dispatch rules to favor low-carbon generation, such as feed-in

tariffs for renewably produced electricity that can reach 25%-50% higher than

coal-based electricity prices;

•

providing large subsidies to help finance some large capital investments in

efficient or low-emitting technologies;

•

allowing energy prices to rise to international price levels in many cases, and

imposing (and reportedly beginning to collect) pollution fees;

•

setting new vehicle efficiency standards at the Europe-IV level (tighter than

U.S.), and making payments to turn in and destroy older, polluting vehicles (like

“cash for clunkers”);

•

raising investments in inter-city and intra-city rail; and

•

tightening building efficiency codes by many municipalities, although

enforcement may be spotty.

High-level officials have indicated that the 12th Five-Year Plan will embody the -40% to -45%

carbon-intensity targets, and that several national laws will be amended in the near-term to

achieve GHG reductions. Carbon cap-and-trade “pilot” projects will be initiated in “some

designated areas and industries.”65 President Hu has summarized additional targets that likely

would help to restrain expected growth of GHG: a target to increase non-fossil fuel share of

primary energy consumption to 15% by 2020, and to increase forest coverage by 40 million

hectares and forest stock volume by 1.3 billion cubic meters by 2020 from 2005 levels. China

also requires strict fuel efficiency standards for vehicles.

Some have argued that China’s policies may be undermined by incomplete implementation, due

to sometimes vague statement of requirements, lack of enforcement resources, poor data,

conflicting priorities at the local level, and other factors. Though some argue that reporting and

enforcement of the targets and regulations have been irregular, there are indications that the

central government is working to improve such weaknesses, and to impose career penalties on

officials who do not meet their targets.66 The State Council stated in November 2009 that new

measures would be developed for auditing, monitoring, and assessing implementation of the

GHG plans. Others are cautious about the central government’s will and ability to gain full

implementation of national policies at the provincial and local levels.

65

Jing Li and Zhe Zhu, “Legislature Takes Urgent Action in Climate Change Fight,” China Daily, August 28, 2009,

http://www.chinadaily.com.cn/china/2009-08/28/content_8626140.htm.

66

See, for example, http://news.xinhuanet.com/english/2007-06/20/content_6269732.htm; http://www.chinacsr.com/en/

2009/06/18/5487-china-first-heavy-industries-fined-for-infringement-of-environmental-rules/; http://www.china.org.cn/

environment/2009-09/28/content_18619189.htm; and http://www.china.org.cn/government/news/2008-03/12/

content_12338958.htm.

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3. Covered Gases and Sectors:

Policies are mostly focused on energy reforms not GHG control, though they also reduce CO2 and

methane emissions. Some projects under the Kyoto Protocol’s Clean Development Mechanism

address many industrial gases (such as hydrofluorocarbons) as well. Sectors addressed include

energy, vehicle manufacturing, building, energy-intensive industries, forestry, etc. Agriculture

seems engaged only through development of bio-fuels.

4. Allocation of GHG reductions to various sectors:

Many sectors are covered through various programs. Targets and actions are set by enterprise, not

industry-wide.

5. Any regulations or exemptions specific to trade-sensitive sectors:

Many Chinese industry-specific policies seem aimed at eliminating the most energy-intensive and

inefficient facilities within a sector. Many of China’s exporting firms perform close to or at

international energy-intensities. In 2007, China removed or reduced export tax rebates for many

types of export products, including for energy-intensive, trade-sensitive industries. These

adjustments generally have the effect of reducing incentives to export. Examples of additional

programs are provided below.

Iron and Steel: The Chinese government has been emphasizing restructuring and improving the

overall production efficiency of the iron and steel industry, much of which is likely also to reduce

direct and indirect emissions. Closures are mandated in 2006-2010 of 100 million tons of iron

production capacity and 55 million tons of steel capacity using inefficient and old technologies. 67

From 2006-2008, 61 million tons of iron and 43 million tons of steel capacity were closed,

according to government statistics.68 Mergers and acquisitions are being encouraged to increase

concentration and efficiency in the industry. The adjustment and revitalization plan also envisions

shifting the product composition of the sector’s production, as well as shifting to integrated

capacity.

Aluminum: Chinese requirements for energy savings and emissions reductions in its aluminum

industry have been estimated to achieve its target of reducing GHG from the industry by 25% by

the end of 2010.69 The central government mandated closures of inefficient aluminum smelting

capacity in 2006-2010. China’s Ministry of Finance announced it would levy a 15% export tariff

on non-alloy aluminum rods and poles, and eliminate the 5% import duty on electrolytic

aluminum and many other energy-intensive commodities, in order to “further restrict exports of

high energy-consuming and polluting resources products and encourage imports of raw

materials,” as well as to suppress China’s trade surplus.70

The Chinese government has removed preferential electricity rates for metal producers, so

manufacturers now pay market prices. The (U.S.-based) Aluminum Association also notes,

67

68

http://www.reportbuyer.com/industry_manufacturing/metals/steel/pollution_report_china_steel_industry.html.

http://news.xinhuanet.com/english/2009-08/25/content_11942981_1.htm.

69

Feng Gao et al., “Greenhouse gas emissions and reduction potential of primary aluminum production in China,”

Science in China Series E: Technological Sciences 52, no. 8 (2009): 2161-2166, doi:10.1007/s11431-009-0165-6.

70

http://experts.e-to-china.com/analysis/general_analysis/Taxation/2009/0728/58804.html.

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“Additionally, China has invested in alternative energy systems that will begin paying off in

2009, namely solar and hydroelectric power, which will reduce the cost of energy.”71 This is

likely also to reduce associated GHG emissions.

Cement: China set a target to reduce energy intensity in its cement industry by 20% in the 11th

Five-Year Plan (2006-2010), using plant closures and installing state-of-the-art technologies.

China’s cement production is about 50% of the global total. The central government mandated

closures of inefficient cement production capacity in 2006-2010, with closures of about 140

million tons of production capacity achieved from 2006-2008.72 One program is set to “design an

economically viable, environmentally friendly alternative fuel and raw materials co-processing

program, which will include conducting demonstrations in six Chinese plants, and developing,

documenting, and disseminating technical guidelines for co-processing.... [T]ools, training

materials, and results from the project will be disseminated to further enhance the capacity

building of the entire Chinese cement industry. An integrated national database on energy

efficiency and emissions for Chinese cement industry, using worldwide recognized

methodologies and tools, will also be established.”73

Motor Vehicles: New vehicle efficiency standards have been set at the Europe-IV level (stricter

than US standards). National policy and investment promotes rail rather than road transport.

China has enacted its version of the “Cash for Clunkers” program: from Aug 1, 2009, to June 30,

2010, consumers may receive 3,000-6,000 Yuan (US$440-875)74 per vehicle to replace “yellow

tag” passenger cars, vans, and trucks that exceed emission standards, or are 8-12 years old.

Previous changes in vehicle taxes, with higher rates for large cars and lower rates for small ones,

resulted in increased small car sales in 2008.

The total trade-in subsidy, mainly targeting light commercial vehicles, is likely to cost the

government around 5 billion Yuan.

71

http://www.aluminum.org/AM/Template.cfm?Section=Home&CONTENTID=27780&TEMPLATE=/CM/

ContentDisplay.cfm.

72

http://news.xinhuanet.com/english/2009-08/25/content_11942981_1.htm.

73

http://china.lbl.gov/news/chinese-cement-companies-reduce-their-carbon-footprint.

74

Live market currency exchange rate for November 19, 2009, is listed as 1 CNY = 0.146 US$ (http://www.xe.com/).

Currency rates are subject to fluctuation.

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India75

1. Overall GHG emission target, if any, and timing:

The Minister of State for Environment and Forests, Jairam Ramesh, announced on December 3,

2009, that India will reduce its GHG emissions intensity (emissions per unit of GDP) by 20%25% by 2020, compared to the 2005 level. 76 (He reportedly said that India’s carbon intensity

decreased by 17.6% from 1990 to 2002.) Ramesh also committed to India’s Parliament that India

would accept neither legally binding targets nor peaking dates77 internationally. 78,79 Earlier, the

government also pledged that 20% of India’s energy would come from renewable resources by

2020, and 15% of India’s annual GHG emissions would be taken up by forests by 203080 (up

from about 11% in 200581). The Indian government has pledged that its emissions per capita

would always remain below those of the now-industrialized countries (though expected

population increases are substantial).

2. Principal Policy Instrument(s):

Ramesh has indicated that the national Planning Commission has agreed that India’s 12th Five

Year Plan, from 2012-2017, will include a low-carbon growth strategy. He identified five

categories of measures:82

•

mandatory fuel efficiency standards for all vehicles by December 2011;

•

national building code guidance for energy efficiency, to recommend to local

governments to make mandatory;

•

amendments to laws to reduce energy intensity of industrial activities;

•

forest monitoring; and

•

use of advanced technologies (super critical, ultra super critical, and coal

gasification) for half of all new coal-fired power plants.

In actions to date, India’s national government has relied almost exclusively on public

information, training of energy auditors, voluntary “declarations” of energy management policies

75

This section was prepared by Jane A. Leggett, Specialist in Environmental and Energy Policy (7-9525).

“India’s 2020 Target: Reduce Emission by 20-25%,” The Times of India, December 3, 2009, online edition,

http://timesofindia.indiatimes.com/india/Indias-2020-target-Reduce-emission-by-20-25/articleshow/5297073.cms.

77

A date by which its national emissions would peak and then begin to decline in absolute terms. Some proposals have

advocated peaking dates for developing countries of between 2015 and 2030.

78

T.K. Arun, “For a Binding Climate Target,” The Economic Times (India), December 4, 2009, sec. Op-Ed,

http://economictimes.indiatimes.com/opinion/columnists/t-k-arun/For-a-binding-climate-target/articleshow/

5298331.cms.

79

In the same speech to Parliament, Ramesh stated that India would not allow international review of GHG reduction

actions it takes without international financing, though the government “can consider” international review of actions

that are supported by international finance.

80

http://www.forbes.com/2009/09/23/jairam-ramesh-india-business-energy-climate-change.html.

76

81

http://www.thaindian.com/newsportal/india-news/indian-forests-absorb-11-of-annual-greenhouse-gas-emissionsjairam-ramesh_100240011.html.

82

Times of India, December 3, 2009, op. cit.

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by businesses, and small financial awards as its principal instruments to promote energy

efficiency. In concept, Ramesh has said that India might enact a law directing the government to

set climate-related, but non-mandatory, targets, with reporting to and review by the Parliament.

He has indicated that the new law may be similar to the Fiscal Responsibility and Budget

Management law (FRBM), which directs the government to develop targets, and requires

reporting to the Parliament, as well as Parliamentary approval. The targets in the FRBM are

neither specified nor binding.

Prime Minister Manmohan Singh approved in August 2009 a national energy efficiency plan that

would require 714 energy-intensive industrial facilities in nine sectors, accounting for 40% of

India’s fossil fuel use, to meet energy efficiency targets. The energy efficiency plan is estimated

by 2015 to avoid about 5% of India’s projected fossil fuel use. The Prime Minister’s Office may

be contemplating setting up a new National Climate Change Mitigation Authority under the

Prime Minister’s authority.

Reportedly, the government has initiated greenhouse gas abatement plans in the past several

months, including reforestation. An existing voluntary set of efficiency standards is expected to

become mandatory by 2010. Stronger standards may be set for energy efficiency for certain

appliances and government buildings; an Energy Conservation Building Code (ECBC) for all

new government buildings; and monitoring of afforestation. Prime Minister Singh announced in

late August the intention of introducing an energy efficiency trading system to reduce India’s

energy consumption by 5% and its CO2 emissions by 100 million tons annually from projected

levels by 2015 (about 8% of current emissions).83 Two funds would be created with about $60

million of funding to provide partial loan guarantees and venture capital. Proposed targets may be

set by December 2010.

In 2008, the Prime Minister released a National Action Plan on Climate Change, containing eight

“national missions”: the National Solar Mission; National Mission for Enhanced Energy

Efficiency; National Mission on Sustainable Habitat; National Water Mission; National Mission

for Sustaining the Himalayan Ecosystem; National Mission for a Green India; National Mission

for Sustainable Agriculture; and National Mission on Strategic Knowledge for Climate Change. 84

The most concrete measures aimed at increasing solar energy capacity. In November 2009, the

Indian Union Cabinet approved a Jawaharlal Nehru National Solar Mission (NSM) to increase

India’s solar electric capacity from 5 megawatts (MW) to 20 gigawatts (GW) by 2022 (slipping

back two years from the initial target date), at a cost of $19 billion.85 Some $900 million has been

approved for the initial phase, to install 1.1 GW of on-grid and 0.2 GW of off-grid solar capacity

by 2012. The NSM will offer financial incentives to investors, including tax breaks, and will

boost research. Several existing laws support renewable energy development, according to a

report from the Pew Center.

The Electricity Act (2003) encourages the development of renewable energy by mandating

that State Electricity Regulatory Commissions (SERCs) allow connectivity and sale of

electricity to any interested person and permit off-grid systems for rural areas. The National

Tariff Policy (2006) stipulates that SERCs must purchase a minimum percentage of power

83

See, for example, http://in.reuters.com/article/oilRpt/idINDEL15998520090907?pageNumber=1&

virtualBrandChannel=0.

84

http://www.indg.in/rural-energy/environment/national-action-plan-on-climate-change.

85

Ministry of New and Renewable Energy, “Statement of Dr. Farooq Abdullah on Jawaharial Nehru National Solar

Mission – ‘Solar India’” November 23, 3009.

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from renewable sources, with the specific shares to be determined by each SERC

individually. The states of Himachal Pradesh and Tamil Nadu have the highest quotas—20%

by 2010 and 10% by 2009, respectively. Under the Rural Electrification Policy (2006)

electrification of all villages must be completed by 2012.86

India established a program to replace 400 million incandescent light bulbs with efficient

compact fluorescents by 2012.

A fund supports the regeneration and sustainable management of forests. The initial capitalization

of the fund was proposed to be $2.5 billion, with an annual budget of about $1 billion. 87

Although India has some pollution control standards in place, enforcement of standards has been

low.88 The current government is planning to establish a new National Environmental Authority,89

apparently to be modeled after the U.S. EPA.

3. Covered Gases and Sectors:

Most identified and proposed measures address CO2. The proposed system of “tradable energy

efficiency certificates” would apply to 714 energy intensive facilities in the following sectors:

fossil fuel-fired electricity generation; fertilizer production; cement; iron and steel; chlor-alkali

production; aluminum; rail transport; and textiles.

4. Allocation of GHG reductions to various sectors:

The Bureau of Energy Efficiency would assign energy efficiency improvement targets to the most

energy-intensive industrial plants, based on benchmark performance “bands.” Facilities in the

most efficient “band” would have a less stringent improvement target, while those in less efficient

“bands” would be required to make greater improvements. Facilities that perform better than the

targets would receive energy savings certificates (“ESCerts”) that could be sold to companies for

compliance with their targets or, potentially, banked to meet future requirements. Facilities that

fail to meet targets could be fined.

5. Any regulations or exemptions specific to trade-sensitive sectors:

Reportedly, Indian officials have suggested taxing imports based on the per capita carbon

emissions of the exporting country. 90 This could have a large impact on the United States, as its

per capita emissions are higher than most countries. (Besides foods and fossil fuels, the United

States exports to India a wide variety of products, among which the largest in value are: civilian

aircraft and parts, steel and other metal products, synthetic fertilizers, chemicals, electronics and

industrial equipment, electronics, and gem diamonds.)91

86

87

Pew Center, “Climate Change Mitigation Measures in India,” International Brief 2, September 2008.

http://online.wsj.com/article/SB125018657071529801.html.

88

Among many sources: http://www.business-standard.com/india/news/23-thermal-plants-not-complyingemissionnorms/01/09/69289/on.

89

http://www.business-standard.com/india/news/govt-to-reduce-water-air-pollution/365976/.

90

http://www.dw-world.de/dw/article/0,,4707051,00.html.

91

U.S. Census Bureau, Foreign Trade Statistics, http://www.census.gov/foreign-trade/statistics/product/enduse/exports/

c5330.html.

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Motor Vehicles: In India, high taxes are levied on motor fuels: 52% on gasoline and 32% on

diesel in 2007. The Prime Minister’s office has directed the Bureau of Energy Efficiency to set

fuel efficiency labeling standards for vehicles under the Energy Conservation Act, to become

effective by 2011. However, after several years’ delay, these standards have not been set. As

planned, the standards would require labeling only by 2011, with mandatory performance to be

effective later. The Bureau of Energy Efficiency would certify the manufacturers’ labels.

Reportedly, some representatives of the automobile sector have demanded that the standards be

set on the basis of CO2 emissions and legally be put on India’s list of “local pollutants.”92

92

http://www.greencarcongress.com/2009/06/india-fe-20090603.html.

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Japan93

1. Overall GHG emission target, if any, and timing:

Under the Kyoto Protocol, Japan agreed to reduce its GHG emissions to 6% below 1990 levels in

the period 2008-2012. The Japanese Ministry of Environment has estimated that national GHG

emissions were about 1.9% above its 1990 Kyoto Protocol baseline or almost 8% above its

obligation, though this comparison does not account for sequestration or international GHG

credits. GHG emissions were 1,286 million tons in the Fiscal Year (FY) 2008-2009, about 6.2%

below the previous year, due largely to the economic recession.94

In mid-2008, then-Prime Minister Fukuda offered to reduce Japan’s GHG by 80% from 2008

levels by 2050, and by 8% below 1990 levels by 2020 (without using international credits).

Newly elected Prime Minister Yukio Hatoyama pledged Japan to a GHG target of 25% below

1990 levels by 2020, conditional on all major countries’ participation in a new international

accord. (The outgoing government’s proposed target was equivalent to 8% below 1990 levels. In

2008, Japan’s GHG emissions were almost 16% above its Kyoto Protocol target.)

Despite the lack of an internationally binding agreement at the Copenhagen climate conference,

Environment Minister Sakihito Ozawa and Minister of Economy, Trade, and Industry Masayuki

Naoshima reportedly reiterated the Hatoyama administration’s pledge of a 25% emission

reduction below 1990 levels by 2020 at a press conference on December 22, 2009. At least one

minister has noted that this pledge comes “with conditions” not specified.95

2. Principal Policy Instrument(s):

The Japanese Government formulated in 2005 the Kyoto Protocol Target Achievement Plan

(KPTAP) to promote measures to cope with global warming. The KPTAP lays out estimated

emissions and expected reductions by sector, and for several specific programs, in order for Japan

to meet its Kyoto Protocol target. The 2008 review and revision of the plan called for further

actions to close the gap between expected emissions and the Kyoto target, including more

stringent efficiency standards for equipment, vehicles, and small businesses. The government

plan concluded that it would be very difficult to constrain emission reductions associated with the

residential and commercial sectors, and therefore relied on expanding the Voluntary Action Plans

in the business sector to achieve 80% of the envisaged further GHG reductions.96 (See section on

covered gases and sectors, below.)

Since October 2008, Japan has established an integrated domestic GHG emissions market,

comprised of four components: (1) Japan’s Voluntary Emission Trading System (J-VETS) capand-trade system, initiated in 2005 for voluntary trading of CO2 emissions from energy and

process emissions covering only industries that do NOT have in place a Voluntary Action

Program; (2) an Experimental Japanese Emissions Trading System, with emissions targets based

93

94

This section was prepared by Jane A. Leggett, Specialist in Environmental and Energy Policy (7-9525).

National Institute for Environmental Studies, http://www.nies.go.jp/whatsnew/2009/20091111/20091111-e.html.

95

BNA, “Japan Stands by Pledge to Cut Emissions 25 Percent by 2020; Industry Voices Dissent,” Daily Environment

Report, 246 DEN A-3, December 29, 2009.

96

For a summary of the plan in English, see http://eneken.ieej.or.jp/data/en/data/pdf/443.pdf.

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on industry-specific Voluntary Action Programs; (3) Domestic Credit Scheme, to allow GHG

reduction credits (i.e., “offsets”) from small and medium-sized companies; and (4) Kyoto Credits,

available through any of the three Kyoto Protocol emissions trading mechanisms.

The new Hatoyama government has indicated it plans to create a mandatory GHG cap-and-trade

system, require “feed-in” tariffs as financial incentives for renewable energy generation, and may

consider a carbon tax.97 The Hatoyama campaign, on the other hand, pledged before the election

to eliminate highway tolls and a fuel tax of about 25 yen (US$0.28)98 per liter on gasoline by

April 2010, which could raise vehicle GHG emissions by as much as 20%.99

The Law Concerning the Promotion of Measures to Cope with Global Warming100 enacted in

1998, directed the national government to promote GHG emission reductions and to enhance

carbon sinks. It also directed local governments and business to take actions to limit emissions.

This basic authority also directs the central government to publish Japan’s GHG emissions.

The 5,000 largest businesses in Japan have been required to report their energy production and

consumption for more than a decade by the Law Concerning the Rational Use of Energy. 101

Consequently, the foundation for calculating the energy-related CO2 emissions from each

industrial source is established.

The Act on Promotion of Global Warming Countermeasures and Act on Rational Use of Energy

establish authorities to promote energy efficiency in “energy-using” equipment, buildings,

factories, and machinery. These and related legislation require efficiency labeling, and allow for

low-interest financing, industrial improvement bonds, tax exemptions and other financial

incentives to promote efficiency. They also require efficiency measures by industrial facilities and

for appliances. The Energy Conservation Center of Japan (ECCJ) is a public-private partnership

for research and implementation of energy conservation programs (including Japan’s Energy Star

program, modeled after the US EPA’s), accreditation of energy managers, and information.

3. Covered Gases and Sectors:

Under Japan’s Kyoto Protocol Target Achievement Plan, industry is expected to reduce its GHG

emissions to 7% below 1990 levels during the Kyoto first commitment period (2008-2012). The

Keidanren Voluntary Action Plan102 on the Environment (VAP) covers 35 industries, include

energy, mining, construction, and at least some manufacturing sectors (e.g., production of

vehicles, electronics, steel, cement, etc.).

97

Various press reports, including http://search.japantimes.co.jp/cgi-bin/ed20090925a1.html.

Live market currency exchange rate for November 19, 2009, is listed as 1 JPY = 0.0112 USD (http://www.xe.com/).

Currency rates are subject to fluctuation.

99

http://www.planetark.com/enviro-news/item/54691.

100

Law No.117 of 1998.

101

22 June 1979, Law No. 49. Revised in 10 December 1983, 31 March 1993, 12 November 1993, 9 April 1997, and 5

June 1998.

102

Established by Nippon Keidanren, the Japan Business Federation. Negotiated environmental agreements in Japan

have been used in lieu of legally binding regulation since the 1990s, and are not comparable to “voluntary programs” in

the United States or some other countries. For example, they may require inspections and there are few reported

instances of non-compliance with set targets (Imura Hidefuri, “Building a Cooperative Relationship Between Industry

and Regulatory Authorities,” presented at OECD, Environmental Compliance Assurance: Trends and Good Practices

Paris, 17-18 November 2008.”

98

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4. Allocation of GHG reductions to various sectors:

The Keidanren VAPs include a non-binding target of reducing CO2 emissions in industry and

energy-converting sectors “below” their 1990 levels by 2010. In the Keidanren VAPs, different

industries’ metrics of performance and targets differ. In 2007, about 18 industries tightened their

voluntary targets, although some observers have criticized even the more stringent targets as

being no more than what was already being accomplished. Others argue that the voluntary targets

are costly compared to reductions expected in other countries, such as within the European

Union.

5. Any regulations or exemptions specific to trade-sensitive sectors: (See Figure 1.)

Motor Vehicles: The Japanese government provides tax benefits for “eco-friendly” vehicles and

exemptions from taxes for three years for “next-generation” vehicles. 103 Beginning in April 2009,

subsidies have been offered to purchasers of eco-friendly vehicles (e.g., for cars: 100,000 yen, or

US$1100). These include a “cash-for-clunkers”-type program that offers higher subsidies to

owners who scrap vehicles 13 years or older and replace them with eco-friendly vehicles (e.g., for

cars: 250,000 yen, or US$2700). The subsidies extend as well to minivans, trucks and buses. One

industry official reported that, with the subsidies, “eco-friendly” vehicles accounted for almost

half of vehicle sales in Japan.104

Japan is reputed to have among the most stringent fuel economy standards for vehicles in the

world, at 46.9 miles per gallon by 2015 (see Appendix). These are expected to constrain new

passenger vehicle emissions of GHG.

Iron and Steel: To contribute to Japan’s Kyoto Protocol obligations, the Iron and Steel Federation

set a voluntary target for the sector of reducing CO2 emissions by 9% from its 1990-1991

(financial year) levels (200.6 million metric tons) during the period 2008-2012. Due largely to the

recession, the industry’s emissions were 178.2 million tons in 2008-2009, reflecting a 13%

reduction in steel output from the previous year. The industry reportedly also has purchased 56

million tons of GHG reduction credits for delivery during that period.105 The chairman of Japan’s

Iron and Steel Federation, Shoji Muneoka, has announced an industry reduction of 5 million

metric tons of CO2-equivalent GHG from their forecast level in 2020. The Federation’s businessas-usual projection foresees crude steel production to rise from 2008-2020 by 13%, to 119.7

million metric tons.

103

http://www.jama-english.jp/asia/news/2009/vol36/index.html.

Ibid.

105

http://steelguru.com/news/international_news/MTIxMjIw/

Japan_steelmakers_to_receive_56_million_tonnes_of_CO2_offsets.html.

104

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Figure 1. Japanese Regulations or Exemptions Specific to Trade-Sensitive Sectors

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Note: Table copied from The Energy Conservation Center, Asia Energy Efficiency and Conservation

Collaboration Center, 2008. Available at http://www.asiaeec-col.eccj.or.jp/eng/e3104keidanren_plan.pdf.

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Korea106

1. Overall GHG emission target, if any, and timing:

On November 17, 2009, the South Korean cabinet approved a 4% GHG emission reduction target

by 2020 as a basis for its current and future climate change efforts. The goal is measured from a

2005 baseline and is equivalent to a 30% reduction from “business-as-usual.” The target is the

most ambitious of three options recommended by the country’s Presidential Committee on Green

Growth, which had urged South Korea to voluntarily participate in climate change efforts under a

midterm target of either an 8% increase, no change, or a 4% cut. President Lee Myung-bak said in

a statement released by his office that the decision was made “to facilitate the country’s paradigm

shift to low-carbon green growth.” He characterized the policy as a “voluntary, independent, and

domestic target for unilateral reduction,” driven by “environmental technology and renewable

energy development.”107

2. Principal Policy Instrument(s):

The November recommendation will empower a governmental committee to prepare industryspecific quotas and implement support measures. Near-term reductions will focus on buildings

and transportation to give other industry sectors more time to adjust.

In addition to these recent measures, Korea’s policies have involved dialogue with industrial

organizations, voluntary plans by participating facilities to save energy and reduce CO2

emissions, and some non-regulatory emissions trading. The government has provided financial

incentives and technological assistance. Voluntary agreements cover plants that consume more

than 2,000 tons of oil equivalent annually. 108 This process has resulted in some performance

benchmarking for industries, collaborative research, and participation in the Kyoto Protocol’s

Clean Development Mechanism.

South Korea recently said it plans to invest about 2% of its GDP annually in environment-related

and renewable energy industries over the next five years, for a total of US$84.5 billion. The

government said it would try to boost South Korea’s international market share of “green

technology” products to 8% by expanding research and development spending and strengthening

industries such as those that produce light-emitting diodes, solar batteries and hybrid cars.109 To

meet its pledge of a new, quantitative target, the government has indicated it may use GHGtrading and tax incentives. It has also indicated that financial incentives would increase use of

hybrid cars, renewable and nuclear energy, light-emitting diode lighting, and smart grids.110

106

This section was prepared by Jane A. Leggett, Specialist in Environmental and Energy Policy (7-9525).

http://www.korea.net/News/News/newsView.asp?serial_no=20091118002&part=101&SearchDay=&page=1.

108

http://www.wwf.or.jp/activity/climate/lib/kyotoprotocol/20040928b.pdf.

107

109

Mufson, “Asian Nations Could Outpace U.S. in Developing Clean Energy,” The Washington Post,

http://www.washingtonpost.com/wp-dyn/content/article/2009/07/15/AR2009071503731.html.

110

Various press reports, including http://www.reuters.com/article/environmentNews/idUSTRE57308M20090804.

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3. Covered Gases and Sectors:

Sectors included in Korea’s “Industrial Organization for UNFCCC Task Force Team” are steel,

cement, electricity generation, paper, semi-conductor manufacturing, petrochemicals, oil refining,

and automobile manufacturing.

4. Allocation of GHG reductions to various sectors:

Not yet determined.

5. Any regulations or exemptions specific to trade-sensitive sectors:

Motor Vehicles: The automobile manufacturing association reached voluntary agreement with

the EU to meet CO2 emission standards of 140grams/km by 2008.111

111

http://www.wwf.or.jp/activity/climate/lib/kyotoprotocol/20040928b.pdf.

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Mexico112

1. Overall GHG emission target, if any, and timing:

Mexico voluntarily plans to cut national GHG emissions by 50 million tons per year beginning in

2012, constituting approximately 8% of Mexico’s net GHG emissions in 2008. The government

has established a non-binding goal to reduce GHG by 50% by 2050 (to 340 million tons of CO2)

below 2000 emissions. The pledge is contingent on availability of international technical and

financial support and on successful negotiation of an international agreement consistent with

stabilizing CO2-equivalent concentrations at 450 parts per million. Mexico foresees converging

by 2050 on global average emissions per capita at or below 2.8 tons of CO2 annually.

2. Principal Policy Instrument(s):

In 2007, the Government of Mexico set out a Strategy on Climate Change (NSCC) that identified

GHG mitigation opportunities, and vulnerability and adaptation policies. The ensuing Mexico

Climate Change Program (MCCP) sets 85 specific goals for mitigating GHG in four emission

categories and 12 subcategories. In December 2008, Mexican President Felipe Calderon

announced his intention to cap Mexican greenhouse gas emissions and allow GHG trading,

beginning with state-owned energy producers. Mexico envisions eventually being part of a

domestically regulated but internationally integrated North American GHG trading system. 113

Mexico mainly promotes energy efficiency (including greater co-generation of heat and power by

industrial sources) and renewable energy production, along with prevention of further

deforestation, as its mitigation priorities. Principal instruments include Law for the Better Use of

Renewable Energy and the Financing of Energy Transition (2007 or 2008) provide a number of

legal energy reforms, including provisions that lay the groundwork for private investment in

renewable electricity generation. The Law for the Sustainable Use of Energy created a three-stage

program to 2050. It, inter alia, promotes renewable energy and energy efficiency. It also requires

energy efficiency in all federal, state and local governments.

3. Covered Gases and Sectors:

Six Kyoto Protocol gases. The cap-and-trade system under development is likely to cover energy

production (oil and gas, refining, electricity), metals, chemicals, textiles, and cement. Analysis is

underway to include a cap-and-trade program for vehicle fuel efficiencies as well.

4. Allocation of GHG reductions to various sectors:

Not yet determined.

112

This section was prepared by Jane A. Leggett, Specialist in Environmental and Energy Policy (7-9525).

North American Leaders’ Declaration on Climate Change and Clean Energy, August 10, 2009. Available at

http://pm.gc.ca/eng/media.asp?category=5&id=2724.

113

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5. Any regulations or exemptions specific to trade-sensitive sectors:

Motor Vehicles: The stringency of Mexico’s vehicle efficiency standards was increased in 2004

to a mix of U.S. and European standards for different classes of vehicles.

Oil and Gas Production, Refining and Distribution: PEMEX, Mexico’s state-owned petroleum

company, has operated an internal carbon cap-and-trade system since 1998.

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Russian Federation114

1. Overall GHG emission target, if any, and timing:

The Russian Federation (hereafter “Russia”) projects that its greenhouse gas (GHG) emissions in

the year 2010 will be 28% below the 1990 level, which is Russia’s GHG emissions cap (its

“Assigned Amount”) under the Kyoto Protocol.115 Though GDP in 2006 was 3% below the 1990

level, Russia’s GHG emissions were 34% below the 1990 level (inclusive of carbon uptake by

forests and other vegetation, net GHG emissions were 74% below the 1990 level). Some fourfifths of the GHG reductions came from the energy sector. Russia’s GHG emissions are thus

below its Kyoto Protocol obligation, creating a large surplus of emission allowances (Assigned

Amount Units, or AAUs, in the terminology of the Protocol). Under the rules of the Kyoto

Protocol, Russia may sell its surplus AAUs to other Parties with GHG obligations.

A Presidential Decree116 on measures for increasing the energy and environmental efficiency of

the Russian economy was issued in 2008, setting a target to decrease the energy intensity of the

economy by at least 40% by 2020, compared to the 2007 level. The government has also set a

target to increase the share of renewable energy (excluding large hydroelectric production) in

electricity generation to 4.5% by 2020, and to use 95% of associated natural gas (produced with

oil) by 2014-2016.

In the Copenhagen negotiations, President Dmitry Medvedev has offered a GHG target for

Russia’s emissions of 22%-25% below 1990 levels by 2020.117 With policies and measures in

place, the Russian government has projected that its GHG emissions in 2010, 2015, and 2020 will

be reductions of 28%, 21%, and 13%, respectively, of its 1990 emissions level. Other experts

project them to be 10%-37% below 1990 levels in 2020 with current policies and economic

outlooks.118

Although Russian leaders agreed in the G8 summit meeting of July 2008 to consider an 80%

reduction from 1990 levels of GHG emissions from developed countries by 2050, Russia leaders

agreed only to a 50% reduction target for Russia.

2. Principal Policy Instrument(s):

Many observers contend that climate change has not attracted the interest of high level leaders in

Russia and that, consequently, “[t]he government hardly has any official climate strategy, and

114

This section was prepared by Jane A. Leggett, Specialist in Environmental and Energy Policy (7-9525).

United Nations Framework Convention on Climate Change, Report of the Centralized In-Depth Review of the

Fourth National Communication of the Russian Federation (Bonn, August 31, 2009), http://unfccc.int/documentation/

documents/advanced_search/items/3594.php?rec=j&priref=600005423.

116

Decree 889, June 4, 2008.

115

117

http://www.reuters.com/article/idUSTRE5AH2IE20091118?feedType=RSS&feedName=environmentNews&

utm_source=feedburner&utm_medium=feed&utm_campaign=

Feed%253A+reuters%252Fenvironment+%2528News+%252F+US+%252F+Environment%2529.

118

See Table 5 in Aleksandra Novikova, Anna Korppoo, and Maria Sharmina, Russian Pledge vs. Business-As-Usual:

Impelementing Energy Efficiency Policies Can Curb Carbon Emissions (The Finnish Institute of International Affairs,

December 4, 2009), http://www.upi-fiia.fi/en/publication/97/.

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little progress is occurring.”119 These claims persist in spite of apparent changes in the Russian

leadership’s diplomatic approach to the issue (e.g., an announcement of a climate “doctrine”

accepting that GHG emissions would pose risks and would require actions to reduce

emissions).120 Many suspect that Russia’s support for climate change actions is associated with

expanding its export market for natural gas in Europe and, to a much smaller degree, the value of

potentially selling its surplus AAUs to EU and other countries with GHG reduction obligations.

As noted above, Russia’s reduced GHG emissions is due primarily to economic collapse, leading

to steep drops in energy demand and production, as well as other activities (e.g., agriculture,

waste) that lead to GHG emissions. Replacing old, inefficient manufacturing and other

infrastructure has led to relatively slower increases in GHG emissions than in economic activity.

Figure 2. Russian Total Primary Energy Supply, 1990 and 2006

in million tons of oil equivalent (mtoe)

1000

879.6

Geothermal, solar,

wind

900

800

677.6

700

Combined RE and

Waste

Hydro

600

500

Nuclear

400

Gas

300

200

Oil

100

Coal/peat

0

1990

2006

Source: Novikova, 2009, op. cit.

119

Anne Karin Saether, “Moscow Environmental Conference Places Climate Demands on Medvedev,” Bellona, March

27, 2009, http://www.bellona.org/articles/articles_2009/environmentalists_put_climate_changes_to_medvedev; Simon

Shuster, “Russia offers climate goal with no real bite,” June 19, 2009, http://www.reuters.com/article/

environmentNews/idUSTRE55I3CP20090619; Ulkopoliittinen instituutti, “Russia’s Post-2012 Climate Politics in the

Context of Economic Growth,” May 11, 2008, http://www.upi-fiia.fi/fi/event/195/; or, Simon Shuster, “Russia Still

Dragging Its Feet on Climate Change,” Time, October 8, 2009, http://www.time.com/time/specials/packages/article/

0,28804,1929071_1929070_1934785,00.html.

120

Quirin Schiermeier, “Russia makes major shift in climate policy,” Nature -News (May 26, 2009),

http://www.nature.com/news/2009/090526/full/news.2009.506.html; Simon Shuster, “Russia offers climate goal with

no real bite,” June 19, 2009, http://www.reuters.com/article/environmentNews/idUSTRE55I3CP20090619; or 1. Oleg

Shchedrov, “Russia’s Medvedev warns of climate catastrophe,” November 16, 2009, http://www.reuters.com/article/

environmentNews/idUSTRE5AF1SU20091116.

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The government’s strategy for economic and social development has relied on reform and

expansion of the energy sector, in part because 50% of the central government’s revenue comes

from the oil and natural gas sector.121 The export value of oil and natural gas has driven a policy

emphasizing extraction of these resources for trade. However, many observers have noted a

concomitant, low level of investment in new capacity. The 2006 Russian Energy Strategy to 2020

sought to increase reliance on nuclear and coal-fired electricity for domestic use in order to

increase oil and natural gas available for export.122 Investments are being made to back out

natural gas use, for example, by investing in efficient, combined cycle gas turbine technologies.

These energy initiatives have mixed effects on GHG trajectories.

In 2005, the government adopted the Complex Action Plan for Implementation of the Kyoto

Protocol in the Russian Federation for 2004-2008. It gave coordinating authority to the

Interdepartmental Commission on Implementation of the Kyoto Protocol in the Russia

Federation. It established some sectoral targets for improving energy efficiency, although some

commentators allege that no actions would be needed to achieve them.123 The UNFCCC in-depth

review concluded that these targets had been only partially met.

The Mid-term Social-economic Development Programme of the Russian Federation for 2003–

2005 provided for economic incentives to modernize equipment and technologies, improving

energy efficiency and thereby reducing GHG emissions. To supplement these initiatives, a

Presidential Decree was issued in 2008 on measures for increasing the energy and environmental

efficiency of the economy of Russia. Other reported actions include:

•

Gazprom, Russia’s state-owned natural gas enterprise, established an energy

conservation program for 2001–2010.

•

Gazprom is implementing measures to reduce CH4 and CO2 emissions through

2012 (the annual reductions expected are a 10% reduction in CH4 emissions and

a 2.5% reduction in CO2 emissions); other measures to increase the efficiency of

gas transport and decrease losses by Gazprom (emission reductions of 3 Mt CO2

in the period 2001–2004 through reconstruction of pump stations).

•

A federal program for housing for 2002–2010 targets housing retrofit and

modernization and includes energy efficiency measures and introduction of

small-scale renewable energy generation in the residential and services sectors.

On November 12, 2009, President Medvedev addressed the Federal Assembly and outlined his

proposal for Russia to “undergo comprehensive modernization.” In this speech Medvedev

announced that “increasing energy efficiency and making the transition to a rational resource

121

Jean Foglizzo, “Russia’s New Energy Strategy Seems a Lot Like its Old One,” The New York Times, March 30,

2008, http://www.nytimes.com/2008/03/30/business/worldbusiness/30iht-rnrgruss.1.11526942.html.

122

Kevin Rosner, “Dirty Hands: Russian Coal, GHG Emissions & European Gas Demand,” Journal of Energy Security

(August 27, 2009), http://www.ensec.org/index.php?option=com_content&view=article&id=207:dirty-hands-russiacoal-ghg-emissions-aamp-european-gas-demand&catid=98:issuecontent0809&Itemid=349. The author raises, “The

significant issue is whether it would be more advantageous, from an environmental-security perspective within the

framework of Russia’s coal paradigm, that the majority of new coal capacity is driven by comparatively more regulated

OECD countries or whether it will revert back to Russia. Russia’s environmental record is not exemplary in this

regard.”

123

Ibid.

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consumption model is another of our economy’s [five] modernization priorities.”124 To this end,

he highlighted a number of new program proposals to:

•

produce and install individual energy meters for households;

•

transition to energy-saving light bulbs from 2011 to 2014;

•

introduce energy service contracts and introduce payment for consumption of

services (and considering family incomes);

•

increase efficiency in the public sector; and

•

capture and sell natural gas co-produced with oil, instead of flaring gas.

President Medvedev also promoted developing waste-to-energy systems; super-conductors for

electricity production, transmission, and use; and nuclear generation, including nuclear fusion.

Some of these proposals were enacted into law in November 2009. The Russian government

plans to provide 1.8 trillion rubles ($62.5 billion) for energy-saving projects by 2020.125

According to the Kremlin website,126

... the new federal law introduces restrictions on the sale of incandescent light bulbs, sets

requirements for providing energy efficiency information on goods’ labeling, and also brings

in provisions on mandatory commercial inventories of energy resources, new buildings’

energy efficiency, and reductions in budget spending on purchasing energy resources. The

new law also introduces energy evaluations for the most energy-intensive organisations and

sets out provisions for transition to long-term tariff regulation and the establishment of a

common inter-ministerial energy efficiency information and analysis system.

Some observers have expressed reservations about Russia’s implementation of these policies,

based on past performance.127

The in-depth review of Russia’s Fourth National Communication under the United Nations

Framework Convention on Climate Change (UNFCCC) found that Russia did not report on its

specific domestic measures to abate GHG emissions or detail on how they would contribute to

meeting Russia’s GHG commitments.128 The review recommended that the government provide

greater transparency of how Russia’s policies and measures may be modifying long-term trends

in anthropogenic GHG emissions and removals. According to the UNFCCC in-depth review,

In the period 1990–1998, GHG emissions decreased almost in parallel with the economic

decline. In the period 1998–2006, GDP growth was accompanied by a relatively slower

increase in the level of GHG emissions, which was 9.9 per cent higher in 2006 than in 1998.

The differences between GDP and the GHG emission trends are mainly driven by: shifts in

the structure of the economy (particularly of non-energy intensive industries); shifts in the

primary energy supply (the share of oil and coal has decreased and the share of natural gas

and nuclear energy has increased); a decline in activities in the agriculture and transport

124

Dimtry Medvedev, “Presidential Address to the Federal Assembly of the Russian Federation,”

http://www.kremlin.ru, November 12, 2009.

125

Sergei Blagov, “Russia Seeks to Sustain its Energy Security,” Eurasia Daily Monitor, December 2, 2009,

http://www.cdi.org/Russia/johnson/2009-222-20.cfm.

126

Kremlin, November 23, 2009, http://eng.kremlin.ru/text/news/2009/11/222959.shtml.

127

For example, Novikova, 2009, op. cit. and Blagov, 2009, op. cit.

128

UNFCCC, op. cit., p. 4.

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sectors; the decrease in population (by 3.9 per cent); and the increase in energy efficiency.

These trends resulted in a 31.9 per cent decrease in the Party’s carbon intensity per GDP unit

in 2006 compared with that in 1990.

Russia has not reported estimates of how government funding or financial incentives may

influence GHG emissions.

Russia’s latest energy strategy, as updated in August 2009, focuses in 2013-2015 on recovery

from the current economic crisis. In its second phase, from 2015 to 2022, Russia would

emphasize introducing new technologies and more efficiency into its energy sector. An expansion

of renewable energy, including large hydroelectric plants, wind, and solar generation, would

occur only in the third phase of the new strategy, from 2022 to 2030, along with continued

development of hydrocarbon resources.

3. Covered Gases and Sectors:

Russia’s target under the Kyoto Protocol includes the six Kyoto Protocol gases.

4. Allocation of GHG reductions to various sectors:

None specified.

5. Any regulations or exemptions specific to trade-sensitive sectors:

Motor Vehicles: In 2005, limits on motor vehicle pollutant emissions were introduced, including

indicators of GHG emissions. These standards were comparable to the EURO 2–EURO 5

emission standards. (See Figure A-2 in the Appendix.)

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United States

1. Overall GHG emission target, if any, and timing:

The United States has not set legally binding targets to reduce its greenhouse gas (GHG)

emissions, neither under domestic law nor international treaty. The House of Representatives

passed a bill in June 2009 (H.R. 2454, the American Clean Energy and Security act of 2009) that

would cap GHG emissions at about 17% below 1990 emissions by 2020 and 83% below by 2050.

The Senate has been working on similar legislation, including S. 1733, the Clean Energy Jobs and

American Power Act, which contained a cap of 20% below 1990 levels by 2005 and 83% below

by 2050 when it was passed by the Committee on Environment and Public Works in November

2009.

On November 25, 2009, the White House announced that President Obama would attend the

December 2009 international negotiations in Copenhagen on an agreement to address climate

change beyond the year 2012. The White House stated that he is prepared to offer a “provisional”

emissions reduction target of 17% below 2005 levels by 2020, and “ultimately in line with final

U.S. energy and climate legislation.”129 On a path consistent with “pending legislation” for a

long-term policy objective of 83% below 2005 levels by 2050, U.S. GHG emissions would be

30% and 42% below 2005 levels in 2025 and 2030, respectively, according to the White House.

Had the United States become a Party to the Kyoto Protocol, it would have had an obligation to

reduce GHG emissions by 7% below 1990 levels during the first commitment period of 20082012. In 2007, U.S. GHG emissions were about 16% above 1990 levels.130

Of the 50 States, 23 have set state-wide GHG mitigation targets, of which six are caps (maxima).

While some are enforceable, others are not.

2. Principal Policy Instrument(s):

Current federal climate change policies provide incentives, but few requirements, explicitly to

reduce GHG emissions; many programs exist, however, that contribute to limiting GHG

emissions through energy efficiency standards, and technical assistance and financial incentives

for renewable energy or other low-emitting technologies. For example, a number of tax incentives

are in place to encourage investment in renewable energy, more efficient vehicles, and efficiency

improvements to buildings. The White House identifies more than $80 billion of funding for

clean energy provided under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5),

including the “largest-ever investment in renewable energy.”131 Other incentives induce

agricultural producers to enhance soil carbon. While temporary financial incentives have been

associated with greater investments, some stakeholders have indicated that longer duration of the

incentives and combining with other market correction measures are important to effectiveness.

129

White House, “Combating Climate Change at Home and Around the World,” November 25, 2009,

http://www.whitehouse.gov/blog/2009/11/25/combating-climate-change-home-and-around-world.

130

United States Environmental Protection Agency, The U.S. Inventory of Greenhouse Gas Emissions and Sinks: 19902007, EPA 430-F-06-010 (Washington DC: Office of Atmospheric Programs, 2009).

131

White House, 2009, op. cit.

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A suite of federal132 programs, including the Energy Star, Climate Leaders, and Climate

Challenge branded initiatives, provides information, technical assistance, and nominal awards to

businesses, universities, and other consumers to quantify and reduce their GHG emissions; such

programs generally are intended to encourage emission reductions that are already economical

but do not occur because of market inefficiencies.

Some GHG reductions are achieved by existing or contemplated regulations. A major regulatory

effort governs the energy efficiency of vehicles. For example, Corporate Average Fuel Economy

(CAFE) standards will tighten for Model Year 2011 cars and trucks to approximately 27.3 miles

per gallon (mpg). Again, these regulations have been put in place for reasons other than abating

climate change. However, the Department of Transportation and the Environmental Protection

Agency (EPA) are coordinating to propose new, joint CAFE and GHG emission standards for

Model Years 2012-2016. The proposal would reach an estimated combined average of 34.1 mpg

by 2016 (Table 1); combined with EPA’s compliance credits for improving air conditioners of

vehicles, the improvement could reach the GHG equivalent of 35.5 mpg. The proposed rules

contain flexibilities for manufacturers to comply with the new standards by earning credits by

over-complying, or by producing alternative or dual-fueled vehicles. Holders of credits may use

them for compliance of other model years or classes, or trade them to another manufacturer. The

agencies project that the new standards would reduce GHG emissions by about 900 million

metric tons,133 and reap net cost savings over the lifetimes of vehicles.

Table 1. Average Required Fuel Economies under Proposed Standards

(in miles per gallon for model year vehicles)

2012

2013

2014

2015

2016

Passenger Cars

33.6

34.4

35.2

36.4

38.0

Light Trucks

25.0

25.6

26.2

27.1

28.3

Combined

29.8

30.6

31.4

32.6

34.1

Source: National Highway Traffic Safety Administration, “NHTSA and EPA Propose New national Program to

Improve Fuel Economy and Reduce Greenhouse Gas Emissions for Passenger Cars and Light Trucks” fact sheet

available at http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.d0b5a45b55bfbe582f57529cdba046a0/.

The United States has set minimum standards of energy efficiency for a wide variety of

residential and commercial equipment since the 1970s, with updates by several more recent

laws.134 Efforts are currently underway to address a backlog of regulations, such as for residential

water heaters, dishwashers, clothes dryers, and for commercial motors and lamps, and a number

of new, more stringent standards were issues in 2009. About two dozen additional standards are

planned over the next few years. In some instances, states may have set appliance efficiency

standards more stringent than federal standards (e.g., television standards in California).

132

See http://www.epa.gov/climatechange/policy/neartermghgreduction.html, http://www.pi.energy.gov/, and

http://www.usda.gov/oce/climate_change/index.htm.

133

White House, 2009, op. cit.

134

Established by Part B of Title III of the Energy Policy and Conservation Act (EPCA), P.L. 94-163, as amended by

the National Energy Conservation Policy Act, P.L. 95-619, by the National Appliance Energy Conservation Act, P.L.

100-12, by the National Appliance Energy Conservation Amendments of 1988, P.L. 100-357, and by the Energy Policy

Act of 1992, P.L. 102-486, and by the Energy Policy of 2005, P.L. 109-58.

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Methane emissions from landfills are controlled along with other air pollutants under the Clean

Air Act. According to EPA, the regulation requires installation of gas collection and control

systems for new and existing landfills and, generally, routing the gas to an energy recovery

system. The gas control system must reduce collected landfill gas (LFG) emissions by 98%.135

Large programs are devoted to developing new technologies that would be necessary to reduce

GHG emissions below current levels. Many experts contend that voluntary efforts (such as the

U.S. Climate Leaders Program), research on technologies, and existing regulatory and tax

incentives cannot achieve the GHG reductions necessary to avoid “dangerous” climate change.

Of the $6.4 billion in U.S. federal funding in FY2008 for climate change activities, almost all was

for scientific and technological research and development. In addition, tax incentives that could

help to reduce GHG emissions were equivalent to about $1.5 billion in FY2008. As mentioned

above, more than $80 billion in funding was available in FY2009. Funding for regulatory,

voluntary, and public education programs was a few percent of the total. President Obama has

also pledged, along with leaders of more than 20 other countries, to seek to phase out subsidies

for fossil fuels, reducing associated GHG emission by an estimated 10% or more by 2050.136

The 110th Congress enacted two broad pieces of legislation—an omnibus energy bill (P.L. 110140) and a comprehensive appropriations act (P.L. 110-161)—that include climate change

provisions. Both statutes increase climate change research efforts, and the energy act requires

improvement in vehicle fuel economies, as well as other provisions that would reduce (or

sometimes increase) GHG emissions. P.L. 110-161 directs the EPA to develop regulations that

establish a mandatory GHG reporting program that applies “above appropriate thresholds in all

sectors of the economy.”

In the absence of a federal regulatory framework to address U.S. GHG emission reductions, a

majority of states have established formal GHG mitigation policies, including targets for future

reductions. Sixteen states137 are regulating CO2 emissions from electric utilities: 11 using a

sectoral cap-and-trade approach, and five using emission performance standards. In several

regions, including the Northeast, the Midwest and the West, states are working together to create

regional schemes to cap GHG emissions and allow trading of emissions permits across borders.

All states but four now support “net metering” to allow producers of renewably generated

electricity to sell what they don’t use into the electric grid. Twenty-six states have set renewable

portfolio standards and another four have set alternative energy portfolio standards; these

standards require that a specified share of the state’s electricity must be generated by renewable

or alternative energy sources by a given date. An additional five states encourage renewable or

alternative energy sources with non-binding goals.

In the transportation sector, 15 states, led by California, are adopting GHG emission standards for

motor vehicles, and three additional states are poised to follow. Thirty-eight states offer tax

exemptions, credits, and/or grants to promote biofuels, of which 13 have set regulations requiring

a specified share of motor fuels to come from biomass. To address growth of traffic, 18 states

have set “smart growth” policies. Arizona, for example, has enacted laws and required improved

135

http://www.epa.gov/reg3artd/airregulations/ap22/landfil2.htm.

White House, 2009, op. cit.

137

Data on state policies come from the Pew Center on Global Climate Change website, extracted November 20, 2009.

http://www.pewclimate.org/states-regions.

136

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coordination of state agency spending to help communities address a variety of growth pressures.

Three of these states have also set targets to reduce vehicle miles traveled in the state. For

example, the State of Washington set a goal in 2008 to reduce annual per capita vehicle miles

traveled by 18% by 2020, 30% by 2035, and 50% by 2050, compared to 1990 levels.

Building codes typically fall under local authorities, although a growing number of states have set

performance standards that help to limit GHG emissions. Most states have set efficiency

standards for state, commercial, and residential buildings. Twelve have set appliance efficiency

standards as well.

Over the past five years, a proliferation of litigation relating to climate change also presses the

federal government toward actions to reduce GHG emissions. For example, the Supreme Court

ruled in 2007 that the EPA must consider regulating CO2 and other GHG emitted from motor

vehicles as pollutants under the Clean Air Act.138 The Obama Administration has made clear that

it would prefer Congress to enact GHG-specific legislation but that it will move to regulate in the

absence of such new law. Further litigation has been pursued, challenging the Executive Branch

to action, using the Endangered Species Act, the Energy Policy and Conservation Act and the

Outer Continental Shelf Lands Act. A few international-law claims have been filed against the

United States as well.139

3. Covered Gases and Sectors:

Only methane emissions currently are regulated directly, although CO2 has been proposed to be

regulated from motor vehicles (in a joint rule with fuel economy standards) and is reduced

through other regulatory measures.

4. Allocation of GHG reductions to various sectors:

Because no economy-wide reduction strategy is in place, there is no allocation among sectors.

5. Any regulations or exemptions specific to trade-sensitive sectors:

Because no economy-wide reduction strategy is in place, there are no regulations or exemptions

in place specific to trade-sensitive sectors. H.R. 2454, which passed the House on June 26, 2009,

includes two strategies to address possible shifts of GHG emissions from the United States to less

regulated companies in other countries: (1) free allocation of allowances (similar to that of the

EU), and (2) an international reserve allowance (IRA) scheme. The scheme would require

importers of energy-intensive products from countries with insufficient carbon policies to submit

a prescribed amount of “international reserve allowances,” or IRAs, for their products to gain

entry into the United States. Based on the GHG emissions generated in the production process,

IRAs would be submitted on a per-unit basis for each category of covered goods from a covered

country. Specifically, H.R. 2454 Section 768 requires EPA to promulgate rules establishing an

international reserve allowance system for covered goods from the eligible industrial sector,

including allowance trading, banking, pricing, and submission requirements. (See also the

Appendix, comparing U.S. efficiency standards for motor vehicles with those of other countries.)

138

139

Massachusetts v. EPA, 127 S. Ct. 1438 (2007).

See CRS Report RL32764, Climate Change Litigation: A Survey, by Robert Meltz.

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Appendix. Comparison of Vehicle Efficiency

Standards Internationally (as of Mid-2009)

Figure A-1. Comparison of International Fuel Economy and GHG Standards

Source: Feng An, “Revised Chart for World Standards,” Innovation Center for Energy and Transportation

(iCET) (2009). Available at http://www.icet.org.cn.

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An Overview of Greenhouse Gas (GHG) Control Policies in Various Countries

Figure A-2. Standardized Comparison of

Select Vehicle Efficiency Standards Internationally

(standards as of mid-2009)

Source: Feng An, “Revised Chart for World Standards,” Innovation Center for Energy and Transportation

(iCET) (2009). Available at http://www.icet.org.cn.

Author Contact Information

Jane A. Leggett

Specialist in Energy and Environmental Policy

jaleggett@crs.loc.gov, 7-9525

Carl Ek

Specialist in International Relations

cek@crs.loc.gov, 7-7286

Richard K. Lattanzio

Analyst in Environmental Policy

rlattanzio@crs.loc.gov, 7-1754

Larry Parker

Specialist in Energy and Environmental Policy

lparker@crs.loc.gov, 7-7238

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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