Five federal decrees on climate change enacted by the federal government

In brief

On 5 June 2023, Federal Decree Nos. 11,546, 11,547, 11,548, 11,549, and 11,550 were enacted, setting forth provisions related to climate change.

More details

DecreeNo. 11.550/2023 establishes the Interministerial Committee on Climate Change (CIM). The CIM will be the institutional instrument responsible for defining guidelines and deliberating on the country’s strategies within the scope of the Paris Agreement under the United Nations Framework Convention on Climate Change. Furthermore, it expressly revokes  Decree No. 11,075/2022, which established procedures for the elaboration of Sectorial Plans for the Mitigation of Climate Change and instituted the National System for the Reduction of Greenhouse Gas Emissions (SINARE); Decree no. 10,846/2021, which created the Interministerial Committee on Climate Change and Green Growth; and Decree no. 10,845/2021, which instituted the National Green Growth Program.

Decree No. 11,549/2023 amends Decree No. 9,578/2018, which establishes the National Fund on Climate Change and the National Policy on Climate Change. Among other provisions, the rule retains he recent amendment to Law No. 12,11/2009 (National Climate Change Fund Law), which enables the Brazilian Development Bank (BNDES) to qualify private agents to act in the financing operations of the National Climate Change Fund. The decree also inserts, among others, representatives of indigenous peoples and traditional communities in the Management Committee of the National Fund for Climate Change.

Furthermore, Decree No. 11,548/2023 revokes the former Decree 10,144/2019 to establish the National Commission for Reducing Greenhouse Gas Emissions from Deforestation and Forest Degradation, Conservation of Forest Carbon Stocks, Sustainable Management of Forests and Enhancement of Forest Carbon Stocks. The commission’s membership was also broadened to include representation of indigenous peoples, traditional peoples and communities, as well as non-governmental organizations, higher education or research institutions, and the private sector with activities in the socio-environmental area. The new text foresees that the use of REDD+ results for eventual transactions in carbon markets will be regulated by an act of the Federal Executive Power.

Decree No. 11,547/2023 revokes Decree No. 10,275/2020, establishing the Low Carbon Industry Technical Committee. In particular, it changes the list of representatives that comprise the committee and institutes as Committee’s Executive-Secretary, the Secretariat of Green Economy, Decarbonization and Bioindustry of the Ministry of Development, Industry, Commerce and Services (MDIC).

Finally, Decree No. 11,546/2023 creates the National Council for the 30th Conference of the Parties of the United Nations Framework Convention on Climate Change, which will be held in Brazil. Experts and representatives from other agencies and entities, public and private, may be invited by the technical committee to participate in meetings, without voting rights, or to technically support its activities.