Across the continent, countries are gearing up for the energy transition by updating and modernizing policy and legislative frameworks that consider the need for a renewable, decarbonized, decentralized energy supply that addresses climate change and Paris Agreement commitments.

Gathering at a pivotal moment, the 28th Conference of the Parties unfolded against the backdrop of projections that 2023 is poised to be recorded as the warmest year on record. The accelerating impacts of climate change served as a stark reminder of the urgency addressed throughout the conference.
Baker McKenzie’s Global Climate Change practice was on the ground in Dubai, continuing a decade’s long commitment to be actively engaged in understanding how UNFCCC negotiations create opportunities for clients, and drawing from our observations, we’ve compiled a concise report outlining our perspective on the outcomes at COP28.

On 26 October 2023, the Energy Act 2023 became law. The Energy Act 2023 is a significant overhaul of the UK energy regulatory framework. It is aimed at supporting the development of the UK energy systems in line with the UK government’s current strategy, focusing on net-zero commitments and energy security.

Baker McKenzie has a long-standing history of participation and involvement in the UN Climate Change Conference of the Parties (COP), advising governments, companies and other entities on implementing the Paris Agreement and leading on the development of both international and domestic carbon markets.
The team will be on the ground in Dubai for COP28 and look forward to engaging in ground-breaking discussions with all key stakeholders to share insights and continue to offer cutting-edge advice to our clients. In the meantime, we have prepared a series of primers on what we expect to be some of the key themes for COP28.

On 30 March, the UK Government released a package of policy plans related to decarbonization and energy initiatives it has termed “Powering Up Britain”. Originally promoted as “green day” in Whitehall, many saw the release as the Government’s potential unveiling of a new, more detailed plan for achieving net zero emissions, as well as the UK’s response to substantial state subsidy programs announced by the US and EU. More recently, the Government sought to temper those expectations, with the release being rebranded “Energy Security Day”.

In November 2022 the UK Government announced a new, temporary 45% levy on “exceptional” receipts generated from the production of wholesale electricity and published a “technical note” on the operation of the levy. Despite heavy criticism of the move by many clean energy market participants, on 20 December 2022 the UK Government confirmed its intention to press ahead with the EGL by publishing a supplementary technical note and draft legislation outlining the details of how the new tax would operate. The EGL has been introduced from 1 January 2023 and will have an impact on existing and potential investors in the UK clean energy market.

Baker McKenzie and Trench Rossi Watanabe* were again on the ground at this years’ COP27 conference held in Sharm-el-Sheik. The team led a three-part webinar series focused on developments and impact of this year’s COP on emerging markets and key takeaways following the event, which they note had a strong focus on implementation.

COP27 held in Sharm El-Sheikh, Egypt was anticipated by many as an “Implementation COP” to build on the agreements reached at COP26 in Glasgow. In this 45-minute webinar, we will discuss the key outcomes from COP27 and what we expect the key trends and developments to be in 2023 and beyond.

Multinational groups are increasingly likely to use voluntary carbon credits as part of their efforts to decarbonize their businesses and achieve their climate goals. There are a number of tax complexities and risks depending on how voluntary carbon credits are going to be acquired and used by companies and further guidance from HMRC would be welcomed, particularly as the market grows and becomes more regulated. Where multinational groups are taking a strategic approach to their offset activity, tax functions should play an active role in design and implementing structured arrangements.

Baker McKenzie, Trench Rossi Watanabe*, ICC UK and ICC Brasil present “COP Casts”, a series of interviews exploring climate change issues with experts representing a wide range of industries. Discussions on opportunities, complexities and challenges related to carbon markets in particular will introduce our audience to some of the topics that will be centre-stage at the upcoming 27th United Nations Climate Change Conference (COP27) in Sharm El-Sheik, Egypt, from 6 to 18 November 2022.

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.