UN Envoys Propose Four Grounds of Appeal Against New 6.4 Carbon Market Decisions

The UN is publishing some of the most important draft rules of the new global carbon market, which could ultimately replace the voluntary markets.

See the draft document, dated Oct. 16, 2023 (for download, below)

Grounds for appeal

  1. In terms of grounds for appeal, based on the guidance of the Supervisory Body referred
    to in paragraph 4(d) above, it is now proposed that the cases be included where the
    Supervisory Body made a decision based on wrong information, as in subparagraph (d)
    below of the list of possible grounds for appeal:

    (a) The Supervisory Body exceeded its authority or mandate;
    (b) The Supervisory Body incorrectly implemented the RMPs [regulations, modalities, procedures]s, other relevant CMA [Paris agreement decisions by UN]
    decisions, or applicable standards or procedures adopted by the Supervisory
    Body [6.4 market regulator];
    (c) The Supervisory Body made an error in relation to a material fact, irrespective of
    whether such fact was available to the Supervisory Body at the time of its decision,
    and the error affected the appealable decision on its merits;
    (d) The information on which the Supervisory Body made the decision contained an
    error that materially affected the decision.

Market to be open and fairly transparent:

7.2. Confidential and proprietary information

  1. Information marked as proprietary or confidential that is obtained from appellants,
    grievants, activity participants or any other individuals and organizations for the purpose
    of processing appeals and grievances in accordance with this procedure shall not be
    disclosed by appeal and grievance panels, the Supervisory Body and the secretariat
    without the prior written consent of the provider of the information. In this context, the
    following information shall not be considered as proprietary or confidential:

    (a) Information required to be disclosed by the national law of the host Party;
    (b) Information required to be disclosed by relevant provisions in the rules and
    regulations of the Article 6.4 mechanism;
    (c) Information used to support assessments on environmental and social impacts and
    contribution to sustainable development.
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