Decree 969 of 2026 “Whereby Chapter 14 is added to Title 9 of Part 2 of Book I of Decree 1076 of 2015”

Decree 969 of 2026 “Whereby Chapter 14 is added to Title 9 of Part 2 of Book I of Decree 1076 of 2015”

Decree 969 of 2026 “Whereby Chapter 14 is added to Title 9 of Part 2 of Book I of Decree 1076 of 2015 regarding the National Program for Tradable Greenhouse Gas Emission Allowances (PNCTE) and other provisions are enacted,” from which I highlight the following aspects:
Purpose. The purpose of this Chapter is to regulate the National Program for Tradable Greenhouse Gas Emission Allowances (PNCTE) and its implementation.

Scope of Application. The provisions of this Chapter apply to the Ministry of Environment and Sustainable Development, as well as to public, private, or mixed legal entities that carry out economic activities within the national territory and that meet the criteria defined by the Ministry of Environment and Sustainable Development.

Phases of the PNCTE: “Phases” are understood to mean the stages of implementation of the PNCTE.

What Is the National Program for Tradable Emission Allowances (PNCTE)? It is an economic instrument comprising the set of policies, institutional actors, regulated entities, processes, and procedures that serve as the basis for the establishment, issuance, and auction of tradable GHG emission allowances—and their eventual direct allocation—as well as for the operation, monitoring, and evaluation of the carbon compliance market.
The PNCTE aims to incentivize the reduction of GHG emissions and contribute to the achievement of the country’s mitigation objectives based on the scenarios or targets established in Colombia’s Nationally Determined Contribution.

Establishment of the Number of Tradable GHG Emission Allowances. The Ministry of Environment and Sustainable Development shall establish and publish annually, by administrative act, the number of tradable GHG emission allowances under the PNCTE, taking into account, among other factors, the maximum annual emissions limit for the respective PNCTE compliance period and the targets established in the NDC submitted to the UNFCCC,

Criteria for Identifying Regulated Entities with GHG Emission Offset Obligations:
a) Economic activities corresponding to the International Standard Industrial Classification (ISIC), Revision 4 adapted for Colombia, in its most recent version, or any version that modifies or replaces it, identifying the class of each economic activity.
b) The contribution of emissions from these activities to the most recent national GHG inventory submitted by the country to the UNFCCC
c) Economic sectors with commitments or targets established under the NDC or Law 2169 of 2021.
d) Public, private, or mixed legal entities that exceed the emissions threshold referred to in Article 2.2.9.14.12 of this Chapter.

Determination of Regulated Entities. The Ministry of Environment and Sustainable Development shall, by administrative act, define the economic activities and/or emissions to be covered, prior to the start of each phase of the PNCТЕ, as referred to in Article 2.2.9.14.22 of this Chapter.
Establishment of the GHG Emissions Threshold. The Ministry of Environment and Sustainable Development will establish, by administrative order, the annual GHG emissions threshold to determine the offsetting obligation, based on the amount of direct emissions reported in the ROE by regulated entities, without deducting removals, reductions, or offsets derived from the acquisition of mitigation credits from the carbon market.

Phases for the Implementation of the PNCTE.
1). First phase: From January 1, 2027, to December 31, 2029. The Ministry of Environment and Sustainable Development will implement the first phase of the PNCTE, which will aim to test and/or adjust, as necessary, the general and operational rules of the PNCTE prior to the start of its second phase. This phase will last three (3) years, from January 1, 2027, to December 31, 2029.

Objectives:
a) To generate information that will enable the evaluation of the elements that make up the structure and operation of the PNCTE. b) To contribute to the fulfillment of the country’s established climate change goals. c) To identify opportunities for technical, legal, and operational improvements, among others, to the PNCTE in order to make the necessary adjustments before the start of the second phase.

2). Second phase: Covers the period from January 1, 2030, to December 31, 2031.
Paragraph One: For each phase, the Ministry of Environment and Sustainable Development will define the economic activities and types of GHGs covered. Beginning with the second phase, the PNCTE will be implemented in full, in accordance with the provisions of paragraph 4 of Article 7 of Law 2169 of 2021.

Prior to the implementation of the PNCTE, the Ministry of Environment and Sustainable Development shall define the format, content, and requirements of the annual GHG compliance report, as well as the procedure for its submission and evaluation.

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Attachments:


DECRETO-0969-DE-04-AGO-2026-1_compressed-1.zip