2 February 2026
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Article 6 of the Paris Agreement decoded: A guide for non-aficionados of carbon markets

To The Point
(5 min read)

The beginning of 2026 marks a boom in carbon markets, driven by the operationalization of Article 6 of the Paris Agreement and the European Union's climate commitments. This transformation is based on new mechanisms that enhance the credibility and transparency of markets. Actors navigate between two transaction mechanisms, established respectively by Article 6.2 and Article 6.4 of the Paris Agreement. In response to regulatory changes, legal documentation is becoming more complex and adapted to each transaction, requiring in-depth negotiations to legally secure the interests of parties in rapidly expanding carbon markets.

The European Union’s recent provisional agreement to cut emissions by 90% by 2040, allowing Member States to use international carbon credits for up to 5% of their emissions, is sparking renewed interest in carbon credits, and paving the way for greater engagement with the Paris Agreement framework.  

Meanwhile, across the Atlantic, the Trump administration has moved in the opposite direction, announcing several weeks ago its intention to withdraw from the United Nations Framework Convention on Climate Change (UNFCCC).  The convention underpins the international climate regime, including the 1997 Kyoto Protocol and the 2015 Paris Agreement, and provides the institutional framework for the Conference of the Parties (COP).

As 2026 gets under way, the international climate landscape is shifting, with growing attention on the mechanisms of the Paris Agreement that are now moving from design to operational implementation. More specifically, the promising Article 6 of the Paris Agreement establishes the framework for international carbon credit trading. Under this Article, countries that reduce emissions beyond their nationally determined contributions (NDCs) may convert the surplus reductions into tradable carbon credits, which can be transferred to other countries seeking to meet their own targets. The mechanism is intended to lower global abatement costs while encouraging voluntary international co-operation. 

After a decade of technical and political negotiations at successive COPs, Article 6 is finally set to become fully operational, drawing growing interest from both investors and prospective host countries for carbon projects. 

Law-wise, the documentation for carbon transactions under Article 6 is currently ad hoc and tailored to each transaction, as no market standard documentation exists that addresses all specific features of Article 6. As a result, to legally secure their transactions, the parties are conducting more negotiations and are increasingly seeking legal advice from external counsel to guide them through the various legal implications of long-term projects, including all life-cycle events that could arise in carbon markets. These include changes in legislation, force majeure, representations and warranties, events of default, and termination events.

Given the complexity of the Paris Agreement’s technical architecture, this article outlines the main aspects of carbon market trading mechanisms established under Article 6.

Unpacking core principles of the Paris Agreement

Market mechanisms under Article 6 of the Paris Agreement
Key concepts underpinning Article 6 of the Paris Agreement
The evolving landscape: where we stand now
References

Next steps

Our Carbon Markets and Emission Trading Team would be happy to help you navigate through these changes.

To the Point 


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