Gabriela G. Merla Off Council (strategic alliance with LAGUNA) Paseo de la Reforma 115, Piso 15 Col. Lomas de Chapultepec C.P. 11000, México, D.F., México Tel: Online: E mail: +52 (55) 2623.0552 www.wll.com.mx gmerla@wll.com.mx / gmerla@lagunasyd.com Overview Gabriela G. Merla is a corporate environmental lawyer with 10 years of experience and a special focus on climate change. Her corporate experience was gained as Corporate Manager of what was the second largest construction company in Mexico, as Director of the European branch (located in Paris, France) of a Mexican law firm (advising European companies interested in investing in Mexico) and as a member of the Task Force Group of the International Chamber of Commerce that prepared the ICC Model Subcontract for Major Projects. Among the projects Gabriela G. Merla has participated in, she advised a member of the winning consortium of the public bidding for the construction of the world s largest water treatment plant (Atotonilco), where she gained experience in cogeneration for the production of electricity through the burning of biogas. Gabriela has been recognized by Chambers & Partners Global as leading lawyer for International Projects in Corporate Law. Gabriela has 12 years of experience in environmental law. The projects she has participated in include the procurement of environmental impact authorizations, permits within the water sector and concessions in the federal maritime land zone, for energy, tourism and real estate projects; regularization and audits to water treatment plants; and legal environmental audits to industries and tourist developments, with their respective regularizations. She has been recognized as a leading lawyer in environmental issues by publications such as Who s Who Legal Mexico and Chambers & Partners. González Merla is a pioneer in the area of climate change. Since 2000, Gabriela has provided legal advice for greenhouse gas (GHG) reduction projects in Mexico and Latin America (Chile, Colombia, Dominican Republic, Bolivia, Argentina) which go on to obtain certification for reduced emissions under international or regional programs (Kyoto Protocol, voluntary regimes or United States regional regimes such as the Climate Action Reserve). She has advised European companies and governments on the purchase of Certified Emission Reductions (CERs) and on the development of legal audits for said purchases. Gabriela is one of the few lawyers with experience in Programmatic Clean Development Mechanisms (CDMs) (programs for the reduction of GHG), having provided legal advice for the first Programmatic CDM registered worldwide by the United Nations ( Cuidemos México ), and for the implementation of five Programmatic CDMs developed by various institutions of the Mexican Government (legal structuring and drafting of contracts). She participated in the drafting and coordination of the Legal Guide for Coordinating Entities of Programmatic CDMs. 1
Education Escuela Libre de Derecho, Mexico City, Law Degree, (1993 1998). London School of Economics, Masters Degree in Environmental Law, (2000 2001). Universidad Iberoamericana, Postgraduate studies on Law and Environmental Policies in Mexico (1999 2000). Colegio de México, Mexico City, Course on Contemporary Mexico (1995). La Sorbonne University, Paris, France, Course on French Civilization (2006). Saint Petersburg University, Saint Petersburg, Russia, Course on Russian Economy and Political Situation (2001). Jülich Research Centre, Jülich, Germany, Course on Climate Change: Identified options for developing countries. Selected and given a scholarship by the German Government (2003). RENAC Academy (Renewable Energy Academy), Berlin, Germany, Course on Renewable Energies and Energy Efficiency. Scholarship obtained from the German Government (2010). Gabriela became a member of the Paris Bar Association in 2010 (exam presented in 2009). Professional Background 2011 present: Partner, LAGUNA, Sustentabilidad y Derecho, Mexico City 2007 2011: Director of the Paris office and of the Climate Change practice area, Goodrich Riquelme y Asociados, Paris, France 2004 2006: Legal Director, Cabo del Sol Development, Los Cabos, Baja California Sur, Mexico 2002 2004: Associate, Burguete Celis y Asociados, Mexico City 2001 Legal practice / environmental lawyer. Mexican Embassy before the World Trade Organization (WTO), Geneva, Switzerland 2000 Associate, Vera Burguete y Celis, Mexico City 1998 2000 Corporate Legal Manager, Grupo Tribasa, Mexico City 2
Representative Matters Advised on the structuring and drafting of the necessary contracts for the first Clean Development Mechanism (CDM) Program worldwide to be registered by the United Nations. Currently advising government institutions on the implementation of Programatic CDMs (FIRA Banco de México, Financiera Rural and two other institutions). Advised a member of the winning consortium in the public bidding for the construction of the largest wastewater treatment plant in the world (Atotonilco), which contributed its experience on the cogeneration and production of electricity through the burning of biogas. Participated in the Task Force Group of the International Chamber of Commerce on the drafting of its Model Subcontract for Major Projects. Advised the Government of Luxemburg and BP Gas Marketing, among others, on audits for the development of CDM Projects in Mexico. Advised European consultants and developers of CDM projects in Mexico and Latin America (Chile, Colombia, Dominican Republic, Bolivia and Argentina) for ECOSUR, BIONERSIS and ONECARBON. Advised a European firm on the drafting of the contracts for a Voluntary Emission Reduction project (Turkey). Advised the National Association of Refrigerant Recycling Centers on the implementation of a project to destroy Chlorofluorocarbon (CFC) gases under the Climate Action Reserve scheme. Advised the Cabo del Sol Trust on an environmental audit regarding a transaction with Grupo Hyatt. Obtained various environmental impact authorizations for the Cabo del Sol Trust, including a multimillion dollar real estate project. 3
Publications 2012 Guía Seguridad Jurídica para la implementación de MDL Programáticos en América Latina Engaged by Agencia GIZ, in conjunction with J Urteaga MG INNOVA and J Libreros from Ernst & Young. 2009 El mercado del carbono en México El mundo del Petróleo. Year 6 Vol. 37 June July. 2008 Energy Opportunities IFLR Magazine, in conjunction with D Enriquez and E González, October. 2004 Opportunities and Challenges for U.S and Mexico Cross Border Energy Projects 2003 Mercados Verdes. El Mecanismo de Desarrollo Limpio: Regulación y Aplicación en México. Retos y Perspectivas 2003 Green Markets and the Clean Development Mechanism: Regulation and Application in Mexico Latin America Energy Report, May 13th. Enerlegis. Magazine of the Mexican Academy of Energy Law. November. Texas Transnational Law Quarterly, International Law Section. The State Bar of Texas. Vol. 17, No. 3, November. Conferences and events 2010 Legal Certainty in Programmatics CDMs Carbon Expo 2010, Cologne, Germany. May. 2010 Sectoral Carbon Market Climate Change Law Seminar, by the International Association of Young Lawyers. Participated in the Seminar s Organization Committee. Düsseldorf, Germany. March. 2009 Renewable Energies Regulation in Mexico 2009 Programmatic CDMs: The Opportunity Programm der Jahrestagung der DMJV 2009. Organized by the German Mexican Jurists' Association. Würzburg, Germany. October 2nd. Carbon Market Workshop for Mexican Business Leaders and Key Governmental Officials. Organized by Berkley University, the British Government and SEMARNAT. Mexico City, August 21st. 4
2009 Carbon projects in Latin America and Legal Certainty Carbon Expo 2009, Barcelona, Spain. May 29th. 2009 Carbon Markets and Lawyers Seminar by the International Association of Young Lawyers. Organized the first carbon neutral by the IAYL. London, UK. May 8th. 2009 Emerging countries in a Post Kyoto era Participated in the Beyond Copenhagen panel, at the Spring Meeting of the American Bar Association, Washington DC, USA. April 18th. 2009 Carbon Projects and Legal Certainty Emerging opportunities in carbon markets in Mexico: Policies, business opportunities and challenges. Seminar organized by Promexico and the London School of Economics. London, UK. March 30th. 2009 How Programatic CDMs emerged PodCast by Green Momentum. February 16th. http://www.greenmomentum.com/ wb3/wb/gm/gm_audio?page=2&id_content=1395&channel= 2009 Elements to consider in a post Kyoto regime for emerging economies 2008 Les crédits carbone au Mexique: quel état de l art? Comment tirer parti des opportunités d investissement? 2008 Legal framework for the real estate sector in Mexico and opportunities for sustainable buildings: ( Marco regulatorio del sector inmobiliario en México y oportunidades para edificios sustentables ) 2008 Le cadre juridique des relations d affaires de la zone Mexique Marché commun centroaméricain et le Mécanisme pour un Développent Propre 2008 US Companies & Carbon Offset investment in Mexico Accelerating the Carbon Market in Mexico; Impact of Obama s Presidency on the Kyoto negotiations Seminar. Organized by the Institute of the Americas, Mexico City. February 4th. Quotas et Crédits d Emission CO2 Seminar. Organized by Edition Formation Enterprise. Paris, France. May 8th. Real State Investment Opportunities in Mexico Seminar, organized by the Mexican Portuguese Chamber of Industry and the Mexican Embassy in Portugal. Lisboa, Portugal. May 20th. Mexique marché commun centroaméricain: opportunités dans un marché régionalisé Seminar, organized by UbiFrance. Paris, France. May 6th. Television/Internet Interview by EE NEWS in Washington DC. http://www.eenews.net/tv/video_guide/767. March 19th. 5
2008 Foreign Carbon Credits are Golden The Environmental Law Institute. Washington, D.C, USA. March 18th. 2008 Legal framework for investing in Mexico 2007 Le Mécanisme pour un Développement Propre 2007 Financing and security of projects in LAtin America. Mexico Case Study. («Financement et Sécurisation de vos Projets en Amérique Latine. Presentation du cas du Mexique ). La Economía Mexicana y las Oportunidades de Negocio Seminar, organizado by Promexico and Grupo Expansión. Madrid, Spain. February 28th. Journée Mexique Seminar. Organized by the Paris Chamber of Commerce and Industry. Paris, France. June 11th. Seminar organized by UbiFrance. Paris, France. April 26th. 2003 Energy projects in the border area Cross Border Opportunities and Challenges Seminar CBI s 7th Annual Mexican Energy seminar. Houston, USA. October. Languages: Spanish and English (100%) French (90%) 6