Law # 12,187, 29 December 2009

Original Language Title: Lei nº 12.187, de 29 de Dezembro de 2009

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LEI NO. 12,187, OF December 29 OF 2009.

Institutes a National Policy on Climate Change-PNMC and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC I know that the National Congress decrees and I sanction the following Law:

Art. 1st This Law institutes the National Policy on Change of the Climate-PNMC and establishes its principles, objectives, guidelines and instruments.

Art 2nd For the purposes set out in this Act, it is understood by:

I-adaptation: initiatives and measures to reduce the vulnerability of natural and human systems in the face of current and expected effects of changing climate;

II-adverse effects of climate change: changes in the physical or biota resulting from the changing climate that have significant deleterious effects on the composition, resilience or productivity of natural and manhandled ecosystems, on the functioning of socio-economic systems or on human health and wellbeing;

III-emissions: release of greenhouse gases or their precursors in the atmosphere in a particular area and in a given period;

IV-source: process or activity that libere in the atmosphere greenhouse gas, aerosol or effect gas precursor greenhouse;

V-greenhouse gases: gaseous, natural or anthropic constituents, which, in the atmosphere, absorb and re-emit infrared radiation;

VI-impact: the effects of change of climate in human and natural systems;

VII-mitigation: changes and substitutions technology that reduce the use of resources and emissions per unit of production, as well as the implementation of measures that reduce greenhouse gas emissions and increase sinks;

VIII-climate change: climate-change that can be directly or indirectly attributed to human activity that change the composition of the world atmosphere and that some of that triggered by the natural climate variability observed over comparable periods;

IX-sumidgold: process, activity, or mechanism that removes from the atmosphere greenhouse gas, aerosol or greenhouse gas precursor; and

X-vulnerability: degree of susceptibility and inability of a system, in function of its sensitivity, capacity of adaptation, and of the character, magnitude and rate of change and variation of the climate to which it is exposed, of dealing with the adverse effects of climate change, among which climate variability and extreme events.

Art. 3rd A PNMC and the actions of it arising, executed under the responsibility of the political and the organs of the organs of the public administration, will observe the principles of precaution, prevention, citizen participation, sustainable development and that of common, yet differentiated responsibilities, the latter within the international framework, and, as to the measures to to be adopted in their execution, will be considered as follows:

I-all have a duty to acting, for the benefit of gifts and future generations, for the reduction of impacts arising from the anthropic interference on the climate system;

II-action will be taken to predict, prevent or minimise the identified causes of climate change with anthropic origin in the national territory, on which there is reasonable consensus on the part of the scientific and technical means occupied in the study of the phenomena involved;

III-the measures taken are to take into account the different socio-economic contexts of their application, distribute the burden and burden arising between the sectors economic and the populations and communities interested in an equitable and balanced manner and blow the individual responsibilities as to the origin of the issuing sources and the effects occasioned on the climate;

IV-sustainable development is the condition for tackling climate change and reconciling the fulfillment to the common and particular needs of the populations and communities living in the national territory;

V-the nationwide actions for the confronting climate change, present, present and future ones, should consider and integrate the promoted actions in the state and municipal by public and private entities;

VI-(VETADO)

Art. 4th National Policy on Climate Change-PNMC will aim at:

I-to the compatibilization of economic-social development with the protection of the climate system;

II-to the reduction of the anthropic greenhouse gas emissions in relation to their different sources;

III-(VETADO);

IV-to the strengthening of the anthropic removals by greenhouse gas sinks in the national territory;

V-implementation of measures to promote adaptation to climate change by the 3 (three) spheres of the Federation, with the participation and collaboration of the interested economic and social actors or beneficiaries, in particular those especially vulnerable to their adverse effects;

VI-to preservation, conservation, and recovery of environmental resources, with particular attention to large biomes natural ones held as National Heritage;

VII-to the consolidation and expansion of the areas legally protected and the incentive for reforestation and the recomposition of plant cover in degraded areas;

VIII-to the stimulus to the development of the Brazilian Emissions Reduction Market-MBRE.

Paragraph single. The goals of the National Climate Change Policy should be in line with sustainable development in order to pursue economic growth, poverty eradication, and the reduction of social inequalities.

Art. 5th are guidelines of National Policy on Climate Change:

I-the commitments made by Brazil in the United Nations Framework Convention on Climate Change, in the Protocol of Kyoto and in the remaining papers on climate change from which to be a signatory;

II -the climate change mitigation actions in line with sustainable development, which are, where possible, measurable for their proper quantification and posteriori verification;

III-adaptation measures to reduce the adverse effects of climate change and the vulnerability of systems environmental, social and economic;

IV-the integrated mitigation and adaptation strategies to the climate change in the local, regional and national ambit;

V-the stimulus and support for participation of the federal, state, district and municipal governments, as well as the productive sector, academia, and organized civil society, in the development and execution of policies, plans, programs and actions related to the change of the climate;

VI-the promotion and development of scientific-technological research, and the diffusion of technologies, processes and practices oriented to:

a) mitigate the climate change by means of the reduction of anthropic emissions by sources and the strengthening of the antropic removals by greenhouse gas sinks;

b) reduce uncertainties in the future national and regional projections of the climate change;

c) identify vulnerabilities and adopt suitable adaptation measures;

VII-the use of financial and economic instruments to promote actions of mitigation and adaptation to climate change, observed the provisions of the art. 6o;

VIII-the identification, and its articulation with the Policy provided for in this Law, of government action instruments already established apt to contribute to protect the climate system;

IX-the support and foster the activities that effectively reduce emissions or promote the removals by greenhouse gas sinks;

X-the promotion of international cooperation in the bilateral, regional and multilateral framework for financing, the empowerment, development, transfer and diffusion of technologies and processes for the implementation of mitigation and adaptation actions, including scientific research, systematic observation, and exchange of information;

XI-the improvement of the systematic and accurate observation of climate and its manifestations in the territory national and in the contiguous oceanic areas;

XII-the promotion of the dissemination of information, education, empowerment and public awareness about climate change;

XIII-the stimulus and support for maintenance and promotion:

a) of practices, activities and technologies of low emissions of greenhouse gases;

b) of sustainable production patterns and consumption.

Art. 6th Are the instruments of the National Policy on Climate Change:

I-the National Plan on Climate Change;

II-the National Fund on Changing Climate;

III-the Plans of Action for the Prevention and Control of Deforestation in the biomes;

IV-the National Communication of Brazil to the United Nations Framework Convention on Climate Change, according to the criteria established by that Convention and by its Conferences of the Parties;

V-as resolutions of the Interministerial Committee on Global Climate Change;

VI-the tax measures and tributaries aimed at stimulating the reduction of emissions and removal of greenhouse gases, including differentiated aliquots, exemptions, compensations and incentives, to be established in specific law;

VII-the lines of credit and specific funding of public and private financial agents;

VIII-the development of lines of research by foment agencies;

IX-specific allocations for changing climate actions in the Union budget;

X-the financial and economic mechanisms regarding the mitigation of climate change and adaptation to the effects of the climate change that exists within the framework of the United Nations Framework Convention on Climate Change and the Kyoto Protocol;

XI-the financial and economic mechanisms, in the national framework, regarding mitigation and adaptation to climate change;

XII-the existing measures, or to be created, that stimulate the development of processes and technologies, which contribute to the reduction of emissions and removals of greenhouse gases, as well as for adaptation, among which the establishment of preference criteria in public tenders and concurrence, understood there the public-private partnerships and the authorization, permission, outorga and concession for exploitation of public services and natural resources, for proposals that propitie greater energy saving, water and other natural resources and reduction of the emission of greenhouse gases and of waste;

XIII-the records, inventories, estimates, evaluations and any others studies of greenhouse gas emissions and their sources, elaborated on the basis of information and data provided by public and private entities;

XIV-the measures of dissemination, education, and awareness;

XV-the national climate monitoring;

XVI-the indicators of sustainability;

XVII-the establishment of environmental and target standards, quantifiable and verifiable, for the reduction of anthropic emissions by sources and for the antropic removals by greenhouse gas sinks;

XVIII-the assessment of environmental impacts on the microclimate and the macroclimate.

Art. 7th The institutional instruments for the acting of the National Climate Change Policy include:

I-the Interministerial Committee on Change of the Climate;

II-the Interministerial Committee on Global Climate Change;

III-the Brazilian Forum of Changing Climate;

IV-the Brazilian Network of Research on Global Climate Change-Climate Network;

V-the Coordination Committee on Meteorology, Climatology and Hydrology Activities.

Art. 8th The official financial institutions will make specific credit lines and funding available to develop actions and activities that meet the objectives of this Law and aimed at inducing the conduct of the private actors to the observance and execution of PNMC, in the framework of their actions and social responsibilities.

Art. 9th The Brazilian Market Reduction of Emissions-MBRE will be operationalized in commodity exchanges and futures, stock exchanges and organized over-the-counter entities authorized by the Securities Commission-CVM, where it will give the negotiation of representative securities of greenhouse gas emissions avoided certified.

Art. 10. (VETADO)

Art. 11. The principles, objectives, guidelines and instruments of public policies and government programs should compatibly with the principles, objectives, guidelines and instruments of this National Policy on Climate Change.

Paragraph single. Decree of the Executive Power will establish, in line with the National Policy on Climate Change, the sectoral mitigation and adaptation Plans to climate change targeting the consolidation of a low-carbon economy, in the generation and distribution of electric power, in urban public transport and in the modal transport systems of loads and passengers, in the processing industry and in the durable consumer goods, in the fine and basic chemical industries, in the paper and pulp industry, mining, the civil construction industry, health services and agri-livestock, with a view to meeting gradative targets of quantifiable and verifiable anthropic emissions reduction considering the specificities of each sector, including through the Clean-MDL Development Mechanism and the Nationally Appropriate Mitigation Actions-NAMAs.

Art. 12. To achieve the objectives of the PNMC, the Country will adopt, as a voluntary national commitment, actions to mitigate greenhouse gas emissions, with seen to reduce between 36.1% (thirty-six whole and one tenth per cent) and 38.9% (thirty e Eight integers and nine tenths per cent) their projected emissions up to 2020.

Single paragraph. The projection of the emissions to 2020 as well as the breakdown of the actions to achieve the objective expressed in the caput will be laid out by decree, taking the basis of the second Brazilian Inventory of Emissions and Anthropic Removal of Greenhouse Gases not Controls by the Montreal Protocol, to be completed in 2010.

Art. 13. This Law comes into effect on the date of its publication.

Brasilia, December 29, 2009; 188th of the Independence and 121st of the Republic.

LUIZ INACIO LULA DA SILVA

Nelson Machado

Edison Lobao

Paulo Bernardo Silva

Luís Inácio Lucena Adams