Carbon Credit Transfer Agreement Between Switzerland And Kenya

Article 2
Objective

The objective of this Agreement is to establish a framework and procedures for the transfers of Mitigation Outcomes for use towards NDC achievement or for mitigation purposes other than achievement of NDC. In this regard, both Parties shall promote sustainable development and ensure environmental integrity and transparency, including in governance, and robust accounting, including avoidance of double counting.

Article 3
Environmental Integrity

Minimal principles and criteria relevant for ensuring environmental integrity of Mitigation Outcomes, for which transfer and use are authorized, are hereby established:

1. Mitigation Outcomes shall be new, real, verified, additional to any that would otherwise occur and permanent or achieved under a system that ensures permanence, including by appropriate compensation of any material reversals;

2. Mitigation Outcomes/Projects shall represent mitigation achieved from 2021 onwards;

3. The Vintage Year of a Mitigation Outcome and its use should be in the timeframe of the same NDC implementation period; and

4. Mitigation Outcomes shall originate from activities that:

a. Do not lead to an increase in global emissions;

b. Are in line with the low emission development strategy of each Party;

c. Foster the transition to low emission development, in accordance with net zero carbon emissions by 2050;

d. Do not include activities based on nuclear energy and avoid locking in levels of emissions, technologies or carbon intensive practices incompatible with the achievement of the long-term goal of the Paris Agreement, in particular any activities locking in the continued use of fossil fuels;

e. Promote enhanced climate action and safeguard against incentives for low ambition by the Parties involved;

f. Mitigate the risk of carbon leakage;

g. Are based on conservativeness in baseline setting, including consideration of the lower end of projected emission development;

h. Take into account all legislation and national policies in the host country and as appropriate;

i. Include consideration of other factors for incentivizing enhanced climate action by the Transferor;

j. Apply attribution of the Mitigation Outcomes to the sources of finance, where adequate; and

k. Prevent any negative environmental and social impacts, including on air quality, water and biodiversity, social inequality and the discrimination of population groups based on gender, ethnicity or age.

The Swiss Confederation represented by the Federal Department of the Environment, Transport, Energy and Communications, acting through the Federal Office for the Environment, and the Republic of Kenya represented by the Ministry of Environment, Climate Change and Forestry

Having regard to the friendly relations between the Parties;

Desiring to further strengthen these relations and the fruitful cooperation between the Parties;

Reaffirming the Parties commitment to democracy, rule of law, human rights and fundamental rights in accordance with their respective domestic laws and international law, including the Charter of the United Nations and the Universal Declaration of Human Rights;

Recalling the Paris Agreement, adopted on 12 December 2015, particularly its Articles 4, 6 and 13 and the relevant decisions under the Paris Agreement;

Reaffirming their intention to amend this Implementing Agreement consistent with further guidance to be adopted by the Conference of the Parties serving as the meeting to the Parties of the Paris Agreement (CMA);

Recalling the United Nations Sustainable Development Goals;

Emphasizing the necessity to reach globally net-zero carbon emissions around 2050 pursuant to Article 4.1 of the Paris Agreement and the findings of the Intergovernmental Panel on Climate Change (IPCC) in its special report on the impacts of global warming of 1.5 degrees above pre-industrial levels and related global greenhouse gas emission pathways and its sixth assessment report;

Recalling the importance of formulating and communicating to the Secretariat of the Paris Agreement mid-century, long term low greenhouse gas emission development strategies, pursuant to Article 4.19 of the Paris Agreement;

Noting that cooperation under Article 6 of the Paris Agreement allows for higher ambition in mitigation and adaptation action;

Reaffirming the commitment to ensuring transparency and preventing double counting, to protecting the environment, and to promoting sustainable development including the respect of human rights;

Recognizing that the current nationally determined contribution (NDC) of the Swiss Confederation under the Paris Agreement includes the use of internationally transferred mitigation outcomes;

Noting that the Republic of Kenya is considering international transfer of emission reductions provided this is not an obstacle for the compliance with the nationally determined contribution;

Noting that each Party may take the role of Transferor or Receiver under this Agreement;

have agreed as follows:

Denunciation of this Agreement

1. Any Party may denounce this Agreement by written notification to the other Party. Such denunciation shall take effect four calendar years after the end of the NDC Implementation Period (i.e., at earliest in the year 2034) during which the denunciation is communicated.

2. The Entities Authorized to Transfer shall be informed by the Transferor immediately on the termination of the Agreement.

Suspension of recognition of transfers

1. Any Party may suspend a recognition of transfer if

a. The other Party is in non-compliance with Article 4.2 of the Paris Agreement, whereby consideration of compliance should be based on relevant considerations by the committee established under Article 15 of the Paris Agreement;

b. The other Party is in non-compliance with the provisions of this Agreement.

2. Such suspension of recognition of transfer shall be communicated by written notification to the other Party and shall take effect 30 calendar days from the date of receipt of the written notification or on a later date as specified in that notification.

Termination

1. This Agreement and all authorizations under this Agreement shall terminate if any of the Parties withdraws from the Paris Agreement.

2. Such termination shall take effect on the same date as the date on which the Party's withdrawal from the Paris Agreement takes effect.

Done in Bern on 2 May 2025 in two original copies in English and German languages, all texts being equally authentic. In case of divergence, the English text shall prevail.

In witness whereof, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

FOR THE SWISS CONFEDERATION

Alfried Deed

Albert Rösti

Federal Councillor

Minister of the Environment, Energy, Transport and Communications

FOR THE REPUBLIC OF KENYA

DF Debora Mlongo Barasa

Cabinet Secretary for Environment, Climate Change, and Forestry