CONFERENCE OF THE PARTIES
Third session
Kyoto, 1-10 December 1997
Agenda item 5
FCCC/CP/1997/CRP.6
10 December 1997
ENGLISH ONLY
The Parties to this Protocol,
Being Parties to the United Nations Framework Convention
on Climate Change, hereinafter referred to as "the
Convention",
In pursuit of the ultimate objective of the Convention as
stated in its Article 2,
Recalling the provisions of the Convention,
Being guided by Article 3 of the Convention,
Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the
Conference of the Parties to the Convention at its first
session,
Have agreed as follows:
For the purposes of this Protocol, the definitions contained in
Article 1 of the Convention shall apply. In addition:
1. "Conference of the Parties" means the Conference of the Parties
to the Convention.
2. "Convention" means the United Nations Framework Convention on
Climate Change, adopted in New York on 9 May 1992.
3. "Intergovernmental Panel on Climate Change" means the
Intergovernmental Panel on Climate Change established
in 1988 jointly by the World Meteorological Organization and
the United Nations Environment Programme.
UKY.97-
4. "Montreal Protocol" means the Montreal Protocol on Substances
that Deplete the Ozone Layer, adopted in Montreal on 16 September
1987 and as subsequently adjusted and amended.
5. "Parties present and voting" means Parties present and casting
an affirmative or negative vote.
6. "Party" means, unless the context otherwise indicates, a Party
to this Protocol.
7. "Party included in Annex I" means a Party included in Annex I
to the Convention, as may be amended, or a Party which has made a
notification under Article 4, paragraph 2(g), of the
Convention.
1. Each Party included in Annex I in achieving its quantified
emission limitation and reduction commitments under Article 3, in
order to promote sustainable development, shall:
(a) Implement and/or further elaborate policies and measures in
accordance with its national circumstances, such as:
(i) Enhancement of energy efficiency in relevant sectors of the
national economy;
(ii) Protection and enhancement of sinks and reservoirs of
greenhouse gases not controlled by the Montreal Protocol, taking into
account its commitments under relevant international environmental
agreements; promotion of sustainable forest management practices,
afforestation and reforestation;
(iii) Promotion of sustainable forms of agriculture in light of
climate change considerations;
(iv) Promotion, research, development and increased use of new and
renewable forms of energy, of carbon dioxide sequestration
technologies and of advanced and innovative environmentally sound
technologies;
(v) Progressive reduction or phasing out of market imperfections,
fiscal incentives, tax and duty exemptions and subsidies in all
greenhouse gas emitting sectors that run counter to the objective of
the Convention and apply market instruments;
(vi) Encouragement of appropriate reforms in relevant sectors
aimed at promoting policies and measures which limit or reduce
emissions of greenhouse gases not controlled by the Montreal
Protocol;
(vii) Measures to limit and/or reduce emissions of greenhouse
gases not controlled by the Montreal Protocol in the transport
sector;
(viii) Limitation and/or reduction of methane through recovery and
use in waste management, as well as in the production, transport and
distribution of energy;
(b) Cooperate with other such Parties to enhance the individual
and combined effectiveness of their policies and measures adopted
under this Article, pursuant to Article 4, paragraph 2(e)(i), of the
Convention. To this end, these Parties shall take steps to share
their experience and exchange information on such policies and
measures, including developing ways of improving their comparability,
transparency and effectiveness. The Conference of the Parties serving
as the meeting of the Parties to this Protocol shall, at its first
session or as soon as practicable thereafter, consider ways to
facilitate such cooperation, taking into account all relevant
information.
2. The Parties included in Annex I shall pursue limitation or
reduction of emissions of greenhouse gases not controlled by the
Montreal Protocol from aviation and marine bunker fuels, working
through the International Civil Aviation Organization and the
International Maritime Organization, respectively.
3. The Parties included in Annex I shall strive to implement
policies and measures under this Article in such a way as to minimize
adverse effects, including the adverse effects of climate change,
effects on international trade, and social, environmental and
economic impacts on other Parties, especially developing country
Parties and in particular those identified in Article 4, paragraphs 8
and 9 of the Convention, taking into account Article 3 of the
Convention. The Conference of the Parties serving as the meeting of
the Parties to this Protocol may take further action, as appropriate,
to promote the implementation of the provisions of this
paragraph.
4. The Conference of the Parties serving as the meeting of the
Parties to this Protocol, if it decides that it would be beneficial
to coordinate any of the policies and measures in paragraph 1(a)
above, taking into account different national circumstances and
potential effects, shall consider ways and means to elaborate the
coordination of such policies and measures.
1. The Parties included in Annex I shall, individually or jointly,
ensure that their aggregate anthropogenic carbon dioxide equivalent
emissions of the greenhouse gases listed in Annex A do not exceed
their assigned amounts, calculated pursuant to their quantified
emission limitation and reduction commitments inscribed in Annex B
and in accordance with the provisions of this Article, with a view to
reducing their overall emissions of such gases by six per cent below
1990 levels in the commitment period 2008 to 2012.
2. Each Party included in Annex I shall, by 2005, have made
demonstrable progress in achieving its commitments under this
Protocol.
3. The net changes in greenhouse gas emissions from sources and
removals by sinks resulting from direct human-induced land-use change
and forestry activities, limited to afforestation, reforestation, and
deforestation since 1990, measured as verifiable changes in stocks in
each commitment period shall be used to meet the commitments in this
Article of each Party included in Annex I. The greenhouse gas
emissions from sources and removals by sinks associated with those
activities shall be reported in a transparent and verifiable manner
and reviewed in accordance with Articles 7 and 8.
4. Prior to the first session of the Conference of the Parties
serving as the meeting of the Parties to this Protocol, each Party
included in Annex I shall provide for consideration by the Subsidiary
Body for Scientific and Technological Advice data to establish its
level of carbon stocks in 1990 and to enable an estimate to be made
of its changes in carbon stocks in subsequent years. The Conference
of the Parties serving as the meeting of the Parties to this Protocol
shall, at its first session or as soon as practicable thereafter,
decide upon modalities, rules and guidelines as to how and which
additional human-induced activities related to changes in greenhouse
gas emissions and removals in the agricultural soil and land-use
change and forestry categories, shall be added to, or subtracted
from, the assigned amount for Parties included in Annex I, taking
into account uncertainties, transparency in reporting, verifiability,
the methodological work of the Intergovernmental Panel on Climate
Change, the advice provided by the Subsidiary Body for Scientific and
Technological Advice in accordance with Article 5 and the decisions
of the Conference of the Parties. Such a decision shall apply in the
second and subsequent commitment periods.
5. The Parties included in Annex I undergoing the process of transition to a market economy whose base year or period was established pursuant to decision 9/CP.2 of the Conference of the Parties at its second session, shall use that base year or period for the implementation of their commitments under this Article. Any other Party included in
Annex I undergoing the process of transition to a market economy
which has not yet submitted its first national communication under
Article 12 of the Convention may also notify the Conference of the
Parties serving as the meeting of the Parties to this Protocol that
it intends to use a historical base year or period other than 1990
for the implementation of its commitments under this Article. The
Conference of the Parties serving as the meeting of the Parties to
this Protocol shall decide on the acceptance of such
notification.
6. Taking into account Article 4, paragraph 6, of the Convention, in the implementation of their commitments under this Protocol other than those in this Article, a certain degree of
flexibility shall be allowed by the Conference of the Parties
serving as the meeting of the Parties to this Protocol to the Parties
included in Annex I undergoing the process of transition to a market
economy.
7. In the first quantified emission limitation and reduction commitment period, from
2008 to 2012, the assigned amount for each Party included in Annex
I shall be equal to the percentage inscribed for it in Annex B of its
aggregate anthropogenic carbon dioxide equivalent emissions of the
greenhouse gases listed in Annex A in 1990, or the base year or
period determined in accordance with paragraph 5 above, multiplied by
five.
8. Any Party included in Annex I may use 1995 as its base year for
hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride, for
the purposes of the calculation referred to in paragraph 7
above.
9. Commitments for subsequent periods for Parties included in
Annex I shall be established in amendments to Annex B to this
Protocol, which shall be adopted in accordance with the provisions of
Article 21. The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall initiate the consideration of such
commitments at least seven years before the end of the first
commitment period mentioned in paragraph 7 above.
10. For the purpose of meeting its commitments under this Article, any Party included in Annex I may participate in emissions trading. The Conference of the Parties shall define the relevant rules and guidelines for verification, reporting and accountability. Such trading shall be supplemental to domestic actions for the purpose of meeting its commitments.
11. Any part of an assigned amount, or any emission reduction
units, which a Party acquires from another Party in accordance with
the provisions of paragraph 10 above or Article 6 shall be added to
the assigned amount for that Party.
12. Any part of an assigned amount, or any emission reduction
units, which a Party transfers to another Party in accordance with
the provisions of paragraph 10 above or Article 6 shall be subtracted
from the assigned amount for that Party.
13. Any certified emission reductions which a Party acquires from
another Party in accordance with the provisions of Article 13 shall
be added to the assigned amount for that Party.
14. If the emissions of a Party included in Annex I during a
commitment period are less than its assigned amount under this
Article, this difference shall, on request of that Party, be added to
the assigned amount for that Party for subsequent commitment
periods.
15. Each Party included in Annex I shall strive to implement the
commitments mentioned in paragraph 1 above in such a way as to
minimize adverse social, environmental and economic impacts on
developing country Parties, particularly those identified in Article
4, paragraphs 8 and 9, of the Convention. In line with relevant
decisions of the Conference of the Parties on the implementation of
those paragraphs, the Conference of the Parties serving as the
meeting of the Parties to this Protocol shall, at its first session,
consider what actions are necessary to minimize the adverse effects
of climate change and/or the impacts of response measures on Parties
referred to in those paragraphs. Among the issues to be considered
shall be the establishment of funding, insurance and transfer of
technology.
1. Any Parties included in Annex I that have agreed to jointly
fulfil their commitments under Article 3 shall be deemed to have met
those commitments provided that their total combined aggregate
anthropogenic carbon dioxide equivalent emissions of the greenhouse
gases listed in Annex A do not exceed their assigned amounts
calculated pursuant to their quantified emission limitation and
reduction commitments inscribed in Annex B and in accordance with the
provisions of Article 3. The respective emission level allocated to
each of the Parties to the agreement shall be set out in that
agreement.
2. The Parties to any such agreement shall notify the secretariat of the terms of the
agreement on the date of deposit of their instruments of
ratification, acceptance, approval or accession. The secretariat
shall in turn inform the Parties and signatories to the Convention of
the terms of the agreement.
3. The agreement shall remain in operation for the duration of the
commitment period specified in Article 3, paragraph 7.
4. If Parties acting jointly do so in the framework of, and together with, a regional
economic integration organization, any alteration in the
composition of the organization after adoption of this Protocol shall
not affect existing commitments under this Protocol. Any alteration
in the composition of the organization shall only apply for the
purposes of those commitments under Article 3 that are adopted
subsequent to that revision.
5. In the event of failure by the Parties to such an agreement to achieve their total
combined level of emission reductions, each Party to such an
agreement shall be responsible for its own level of emissions set out
in the agreement.
6. If Parties acting jointly do so in the framework of, and together with, a regional
economic integration organization which is itself a Party to this
Protocol, each member State of that regional economic integration
organization individually, and together with the regional economic
integration organization acting in accordance with Article 24, shall,
in the event of failure to achieve the total combined level of
emission reductions, be responsible for its level of emissions as
notified in accordance with this Article.
1. Each Party included in Annex I shall have in place, no later
than one year prior to the start of the first commitment period, a
national system for the estimation of anthropogenic emissions by
sources and removals by sinks of all greenhouse gases not controlled
by the Montreal Protocol. Guidelines for such national systems, which
shall incorporate the methodologies specified in paragraph 2 below,
shall be decided upon by the Conference of the Parties serving as the
meeting of the Parties to this Protocol at its first
session.
2. Methodologies for estimating anthropogenic emissions by sources
and removals by sinks of all greenhouse gases not controlled by the
Montreal Protocol shall be those accepted by the Intergovernmental
Panel on Climate Change and agreed upon by the Conference of the
Parties at its third session. Where such methodologies are not used,
appropriate adjustments shall be applied according to methodologies
agreed upon by the Conference of the Parties serving as the meeting
of the Parties to this Protocol at its first session. Based on the
work of, inter alia, the Intergovernmental Panel on Climate
Change and advice provided by the Subsidiary Body for Scientific and
Technological Advice, the Conference of the Parties serving as the
meeting of the Parties to this Protocol shall regularly review and,
as appropriate, revise such methodologies and adjustments, taking
fully into account any relevant decisions by the Conference of the
Parties. Any revision to methodologies or adjustments shall be used
only for the purposes of ascertaining compliance with commitments
under Article 3 in respect of any commitment period adopted
subsequent to that revision.
3. The global warming potentials used to calculate the carbon
dioxide equivalence of anthropogenic emissions by sources and
removals by sinks of greenhouse gases not controlled by the Montreal
Protocol listed in Annex A shall be those accepted by the
Intergovernmental Panel on Climate Change and agreed upon by the
Conference of the Parties at its third session. Based on the work of,
inter alia, the Intergovernmental Panel on Climate Change
and advice provided by the Subsidiary Body for Scientific and
Technological Advice, the Conference of the Parties serving as the
meeting of the Parties to this Protocol shall regularly review and,
as appropriate, revise the global warming potential of each such
greenhouse gas, taking fully into account any relevant decisions by
the Conference of the Parties. Any revision to a global warming
potential shall apply only to those commitments under Article 3 in
respect of any commitment period adopted subsequent to that
revision.
1. For the purpose of meeting its commitments under Article 3, any Party included in
Annex I may transfer to, or acquire from, any other such Party
emission reduction units resulting from projects aimed at reducing
anthropogenic emissions by sources or enhancing anthropogenic
removals by sinks of greenhouse gases in any sector of the economy,
provided that:
(a) Any such project has the approval of the Parties
involved;
(b) Any such project provides a reduction in emissions by sources,
or an enhancement of removals by sinks, that is additional to any
that would otherwise occur;
(c) It does not acquire any emission reduction units if it is not
in compliance with its obligations under Articles 5 and 7;
and
(d) The acquisition of emission reduction units shall be
supplemental to domestic actions for the purposes of meeting
commitments under Article 3.
2. The Conference of the Parties serving as the meeting of the
Parties to this Protocol may, at its first session or as soon as
practicable thereafter, further elaborate guidelines for the
implementation of this Article, including for verification and
reporting.
3. A Party included in Annex I may authorize legal entities to
participate, under its responsibility, in actions leading to the
generation, transfer or acquisition under this Article of emission
reduction units.
4. If a question of implementation by a Party included in Annex I of the requirements referred to in this paragraph is identified in accordance with the relevant provisions of
Article 8, transfers and acquisitions of emission reduction units
may continue to be made after the question has been identified,
provided that any such units may not be used by a Party to meet its
commitments under Article 3 until any issue of compliance is
resolved.
1. Each Party included in Annex I shall incorporate in its annual
inventory of anthropogenic emissions by sources and removals by sinks
of greenhouse gases not controlled by the Montreal Protocol,
submitted in accordance with the relevant decisions of the Conference
of the Parties, the necessary supplementary information for the
purposes of ensuring compliance with Article 3, to be determined in
accordance with paragraph 4 below.
2. Each Party included in Annex I shall incorporate in its
national communication, submitted under Article 12 of the Convention,
the supplementary information necessary to demonstrate compliance
with its commitments under this Protocol, to be determined in
accordance with paragraph 4 below.
3. Each Party included in Annex I shall submit the information required under
paragraph 1 above annually, beginning with the first inventory due
under the Convention for the first year of the commitment period
after this Protocol has entered into force for it. Each such Party
shall submit the information required under paragraph 2 above as part
of the first national communication due under the Convention after
this Protocol has entered into force for it and after the adoption of
guidelines as provided for in paragraph 4 below. The frequency of
subsequent submission of information required under this Article
shall be determined by the Conference of the Parties serving as the
meeting of the Parties to this Protocol, taking into account any
timetable for the submission of national communications decided upon
by the Conference of the Parties.
4. The Conference of the Parties serving as the meeting of the
Parties to this Protocol shall adopt at its first session, and review
periodically thereafter, guidelines for the preparation of the
information required under this Article, taking into account
guidelines for the preparation of national communications by Parties
included in Annex I adopted by the Conference of the Parties. The
Conference of the Parties serving as the meeting of the Parties to
this Protocol shall also, prior to the first commitment period,
decide upon modalities for the accounting of assigned
amounts.
1. The information submitted under Article 7 by each Party
included in Annex I shall be reviewed by expert review teams pursuant
to the relevant decisions of the Conference of the Parties and in
accordance with guidelines adopted for this purpose by the Conference
of the Parties serving as the meeting of the Parties to this Protocol
under paragraph 4 below. The information submitted under Article 7,
paragraph 1, by each Party included in Annex I shall be reviewed as
part of the annual compilation and accounting of emissions
inventories and assigned amounts. Additionally, the information
submitted under Article 7, paragraph 2, by each Party included in
Annex I shall be reviewed as part of the review of
communications.
2. Expert review teams shall be coordinated by the secretariat and
shall be composed of experts selected from those nominated by Parties
to the Convention and, as appropriate, by intergovernmental
organizations, in accordance with guidance provided for this purpose
by the Conference of the Parties.
3. The review process shall provide a thorough and comprehensive technical assessment
of all aspects of the implementation by a Party of this Protocol.
The expert review teams shall prepare a report to the Conference of
the Parties serving as the meeting of the Parties to this
Protocol, assessing the implementation of the
commitments of the Party and identifying any potential problems in,
and factors influencing, the fulfilment of commitments. Such reports
shall be circulated by the secretariat to all Parties to the
Convention. The secretariat shall list those questions of
implementation indicated in such reports for further consideration by
the Conference of the Parties serving as the meeting of the Parties
to this Protocol.
4. The Conference of the Parties serving as the meeting of the
Parties to this Protocol shall adopt at its first session, and review
periodically thereafter, guidelines for the review of implementation
by expert review teams taking into account the relevant decisions of
the Conference of the Parties.
5. The Conference of the Parties serving as the meeting of the
Parties to this Protocol shall, with the assistance of the Subsidiary
Body for Implementation and, as appropriate, the Subsidiary Body for
Scientific and Technological Advice, consider:
(a) The information submitted by the Parties under Article 7 and
the reports of the expert reviews thereon conducted under this
Article; and
(b) Those questions of implementation listed by the secretariat under
paragraph 3 above, as well as any questions raised by
Parties.
6. Pursuant to its consideration of the information referred to in
paragraph 5 above, the Conference of the Parties serving as the
meeting of the Parties to this Protocol shall take decisions on any
matter required for the implementation of this Protocol.
1. Any signatory or Party to this Protocol not included in Annex I
may, at any time, notify the Depositary that it has opted to be bound
by this Article. The Depositary shall inform the other signatories
and Parties of any such notification.
2. Such notification, supported by an inventory of emissions of
greenhouse gases not controlled by the Montreal Protocol, including
for the historical base year or period chosen under subparagraph (a)
below, and a projection of future emissions, shall include a formal
declaration on the following points:
(a) Its chosen historical base year or period for the implementation of
subparagraph (b) below; and
(b) The level of limitation or reduction of anthropogenic
emissions of greenhouse gases listed in Annex A, as a basket, it is
ready to undertake.
3. Where a notification has been made pursuant to paragraphs 1 and
2 above, the secretariat shall include it in the agenda for the
following session of the Conference of the Parties serving as the
meeting of the Parties to this Protocol which shall decide on the
acceptance of such notification.
4. After its acceptance by the Conference of the Parties serving
as the meeting of the Parties to this Protocol, a notification by a
signatory shall enter into force on the date of entry into force of
this Protocol for that State, and a notification by a Party to this
Protocol shall enter into force on the ninetieth day after the
acceptance of such notification. The commitment under paragraph 2(b)
above of Parties acting under this Article shall be inscribed in
Annex B.
1. The Conference of the Parties serving as the meeting of the
Parties to this Protocol shall periodically review this Protocol in
the light of the best available scientific information and
assessments on climate change and its impacts, as well as relevant
technical, social and economic information. Such reviews shall be
coordinated with pertinent reviews under the Convention, in
particular those required by Article 4, paragraph 2(d), and Article
7, paragraph 2(a), of the Convention. Based on these reviews, the
Conference of the Parties serving as the meeting of the Parties to
this Protocol shall take appropriate action.
2. The first review shall take place at the second session of the
Conference of the Parties serving as the meeting of the Parties to
this Protocol. Further reviews shall take place at regular intervals
and in a timely manner.
All Parties, taking into account their common but differentiated responsibilities and
their specific national and regional development priorities,
objectives and circumstances, without introducing any new commitments
for Parties not included in Annex I, but reaffirming existing
commitments in Article 4, paragraph 1, of the Convention, and
continuing to advance the implementation of these commitments in
order to achieve sustainable development, taking into account Article
4, paragraphs 3, 5 and 7, of the Convention, shall:
(a) Formulate, where relevant and to the extent possible, cost-effective national,
and where appropriate regional programmes to improve the quality
of local emission factors, activity data and/or models which reflect
the socio-economic conditions of each Party for the preparation and
periodic updating of national inventories of anthropogenic emissions
by sources and removals by sinks of all greenhouse gases not
controlled by the Montreal Protocol, using comparable methodologies
to be agreed upon by the Conference of the Parties, and consistent
with the guidelines for national communications adopted by the
Conference of the Parties;
Alternative A
(b) Formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change and measures to facilitate adequate adaptation to climate change;
(i) The programmes containing measures shall, inter alia,
and to the extent possible and relevant, remove obstacles to the
limitation or the abatement of increase of anthropogenic emissions by
sources and to the enhancement of removals by sinks, enhance energy
efficiency, emphasize market-oriented pricing, as appropriate
encourage reforms in the energy sector and regulatory regimes,
increase the use of renewable energy, make improvements in the
transport and industrial sectors, promote the development and
sustainable management of greenhouse gas sinks and reservoirs,
improve the integration of climate change considerations into the
agriculture and waste management sectors, promote voluntary
arrangements with industry, and generally take actions to address
climate change that, in the context of their national priorities,
objectives and circumstances, are economically justified and can help
address other environmental problems; and
(ii) The programmes containing measures shall, inter
alia, and to the extent possible and relevant, deploy adaptation
technologies and know-how, develop and implement integrated mountain
area plans, develop and implement integrated coastal zone management
plans, develop research on impacts of, and adaptation to, climate
change, develop and implement related technical capacity building and
awareness raising measures, promote sustainable management plans for
the conservation and enhancement of sinks and reservoirs and
ecosystems and develop and implement plans for water resources and
agriculture, particularly for countries affected by drought and
desertification;
Alternative B
(b) Each developed country Party and each other developed Party included in
Annex II to the Convention shall incorporate into its national
programmes the quantified emission limitation and reduction
objectives and related policies and measures under this Protocol,
including details of measures undertaken by them to promote,
facilitate and finance transfer of technology, provide new and
additional financial resources and assist in meeting costs of
adaptation in developing countries. Each developing country Party
shall seek to include in its national communication, as appropriate,
information on programmes which contain measures that the Party
believes contribute to addressing climate change and its adverse
impacts, including the abatement of increase in greenhouse gas
emissions, and enhancement of and removals by sinks, capacity
building and adaptation measures;
(c) Cooperate in the promotion of effective modalities for the development, application and diffusion of, and take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologies, know-how, practices and processes pertinent to climate change, in particular to developing countries, including the formulation of policies and programmes for the effective transfer of
environmentally sound technologies that are publicly owned or in
the public domain and the creation of an enabling environment for the
private sector, to promote and enhance access to, and transfer of,
environmentally sound technologies;
(d) Cooperate in scientific and technical research and promote the
maintenance and the development of systematic observation systems and
development of data archives to reduce uncertainties related to the
climate system, the adverse impacts of climate change and the
economic and social consequences of various response strategies, and
promote the development and strengthening of endogenous capacities
and capabilities to participate in international and
intergovernmental efforts, programmes and networks on research and
systematic observation, taking into account Article 5 of the
Convention;
(e) Cooperate in and promote at the international level, and, where appropriate,
using existing bodies, the development and implementation of
education and training programmes, including the strengthening of
national capacity building, in particular human and institutional
capacities and the exchange or secondment of personnel to train
experts in this field, in particular for developing countries, and
facilitate at the national level public awareness and public access
to information on climate change. Suitable modalities should be
developed to implement these activities through the relevant bodies
of the Convention taking into account Article 6 of the
Convention;
(f) Include in their national communications information on
programmes and activities undertaken pursuant to this Article in
accordance with relevant decisions of the Conference of the Parties;
and
(g) Give full consideration, in implementing the commitments in
this Article, to Article 4, paragraph 8, of the
Convention.
1. In the implementation of Article 11, Parties shall take into
account the provisions of Article 4, paragraphs 4, 5, 7, 8 and 9 of
the Convention.
2. In the context of the implementation of Article 4, paragraph 1,
of the Convention, in accordance with the provisions of Article 4,
paragraph 3, and Article 11 of the Convention, and through the
operating entity or entities of the financial mechanism of the
Convention, the developed country Parties and other developed Parties
included in Annex II to the Convention shall:
(a) Provide new and additional financial resources to meet the agreed full costs incurred by developing country Parties in advancing the implementation of existing commitments under Article 4, paragraph 1(a), of the Convention that are covered in
Article 11, subparagraph (a); and
(b) Also provide such financial resources, including for the
transfer of technology, needed by the developing country Parties to
meet the agreed full incremental costs of advancing the
implementation of existing commitments in Article 4, paragraph 1, of
the Convention that are covered by Article 11 and that are agreed
between a developing country Party and the international entity or
entities referred to in Article 11 of the Convention, in accordance
with that Article.
The implementation of these existing commitments shall take into
account the need for adequacy and predictability in the flow of funds
and the importance of appropriate burden sharing among developed
country Parties. The guidance to the financial mechanism of the
Convention in relevant decisions of the Conference of the Parties,
including those agreed before the adoption of this Protocol, shall
apply mutatis mutandis to the provisions of this
paragraph.
3. The developed country Parties and other developed Parties in Annex II to the
Convention may also provide, and developing country Parties avail
themselves of, financial resources for the implementation of Article
11, through bilateral, regional and other multilateral
channels.
1. A clean development mechanism is hereby defined.
2. The purpose of the clean development mechanism shall be to
assist Parties not included in Annex I in achieving sustainable
development and in contributing to the ultimate objective of the
Convention, and to assist Parties included in Annex I in achieving
compliance with their quantified emission limitation and reduction
commitments under Article 3.
3. Under the clean development mechanism:
(a) Parties not included in Annex I will benefit from project
activities resulting in certified emission reductions;
and
(b) Parties included in Annex I may use the certified emission
reductions accruing from such project activities to contribute to
compliance with part of their quantified emission limitation and
reduction commitments under Article 3, as determined by the
Conference of the Parties serving as the meeting of the Parties to
this Protocol.
4. The clean development mechanism shall be subject to the
authority and guidance of the Conference of the Parties serving as
the meeting of the Parties to this Protocol and be supervised by an
executive board of the Parties.
5. Emission reductions resulting from each project activity shall
be certified by operational entities to be designated by the
Conference of the Parties serving as the meeting of the Parties to
this Protocol, on the basis of:
(a) Voluntary participation approved by each Party
involved;
(b) Real, measurable, and long-term benefits related to the
mitigation of climate change; and
(c) Reductions in emissions that are additional to any that would
occur in the absence of the certified project activity.
6. The clean development mechanism shall assist in arranging
funding of certified project activities as necessary.
7. The Conference of Parties serving as the meeting of the Parties
to this Protocol shall, at its first session, elaborate modalities
and procedures with the objective of ensuring transparency,
efficiency and accountability through independent auditing and
verification of project activities.
8. A share of the proceeds from certified project activities shall
be used to cover administrative expenses as well as assist developing
country Parties that are particularly vulnerable to the adverse
effects of climate change to meet the costs of
adaptation.
9. Participation under the clean development mechanism, including
in activities mentioned in paragraph 3(a) above and acquisition of
certified emission reductions, may involve private and/or public
entities, and is to be subject to whatever guidance may be provided
by the executive board of the clean development
mechanism.
10. Certified emission reductions obtained during the period from
the year 2000 up to the beginning of the first commitment period can
be used to assist in achieving compliance in the first commitment
period.
1. The Conference of the Parties, the supreme body of the Convention, shall serve as the
meeting of the Parties to this Protocol.
2. Parties to the Convention that are not Parties to this Protocol may participate as
observers in the proceedings of any session of the Conference of
the Parties serving as the meeting of the Parties to this Protocol.
When the Conference of the Parties serves as the meeting of the
Parties to this Protocol, decisions under this Protocol shall be
taken only by those that are Parties to it.
3. When the Conference of the Parties serves as the meeting of the
Parties to this Protocol, any member of the Bureau of the Conference
of the Parties representing a Party to the Convention but, at that
time, not a Party to this Protocol, shall be substituted by an
additional member to be elected by and from amongst the Parties to
this Protocol.
4. The Conference of the Parties serving as the meeting of the
Parties to this Protocol shall keep under regular review the
implementation of this Protocol and shall make, within its mandate,
the decisions necessary to promote its effective implementation. It
shall perform the functions assigned to it by this Protocol and
shall:
(a) Assess, on the basis of all information made available to it in accordance with
the provisions of this Protocol, the implementation of this
Protocol by the Parties, the overall effects of the measures taken
pursuant to this Protocol, in particular environmental, economic and
social effects as well as their cumulative impacts and the extent to
which progress towards the objective of the Convention is being
achieved;
(b) Periodically examine the obligations of the Parties under this
Protocol, giving due consideration to any reviews required by Article
4, paragraph 2(d), and Article 7, paragraph 2, of the Convention, in
the light of the objective of the Convention, the experience gained
in its implementation and the evolution of scientific and
technological knowledge, and in this respect consider and adopt
regular reports on the implementation of this Protocol;
(c) Promote and facilitate the exchange of information on measures
adopted by the Parties to address climate change and its effects,
taking into account the differing circumstances, responsibilities and
capabilities of the Parties and their respective commitments under
this Protocol;
(d) Facilitate, at the request of two or more Parties, the
coordination of measures adopted by them to address climate change
and its effects, taking into account the differing circumstances,
responsibilities and capabilities of the Parties and their respective
commitments under this Protocol;
(e) Promote and guide, in accordance with the objective of the
Convention and the provisions of this Protocol, and taking fully into
account the relevant decisions by the Conference of the Parties, the
development and periodic refinement of comparable methodologies for
the effective implementation of this Protocol, to be agreed on by the
Conference of the Parties serving as the meeting of the Parties to
this Protocol;
(f) Make recommendations on any matters necessary for the
implementation of this Protocol;
(g) Seek to mobilize additional financial resources in accordance with
Article 12, paragraph 2;
(h) Establish such subsidiary bodies as are deemed necessary for
the implementation of this Protocol;
(i) Seek and utilize, where appropriate, the services and
cooperation of, and information provided by, competent international
organizations and intergovernmental and non-governmental bodies;
and
(j) Exercise such other functions as may be required for the
implementation of this Protocol, and consider any assignment
resulting from a decision by the Conference of the
Parties.
5. The rules of procedure of the Conference of the Parties and
financial procedures of the Convention shall be applied mutatis
mutandis under this Protocol, except as may be otherwise decided
by consensus by the Conference of the Parties serving as the meeting
of the Parties to this Protocol.
6. The first session of the Conference of the Parties serving as
the meeting of the Parties to this Protocol shall be convened by the
secretariat in conjunction with the first session of the Conference
of the Parties that is scheduled after the date of the entry into
force of this Protocol. Subsequent ordinary sessions of the
Conference of the Parties serving as the meeting of the Parties to
this Protocol shall be held every year and in conjunction with
ordinary sessions of the Conference of the Parties unless otherwise
decided by the Conference of the Parties serving as the meeting of
the Parties to this Protocol.
7. Extraordinary sessions of the Conference of the Parties serving as the meeting of the
Parties to this Protocol shall be held at such other times as may
be deemed necessary by the Conference of the Parties serving as the
meeting of the Parties to this Protocol, or at the written request of
any Party, provided that, within six months of the request being
communicated to the Parties by the secretariat, it is supported by at
least one third of the Parties.
8. The United Nations, its specialized agencies and the International Atomic Energy
Agency, as well as any State member thereof or observers thereto
not party to the Convention, may be represented at sessions of the
Conference of the Parties serving as the meeting of the Parties to
this Protocol as observers. Any body or agency, whether national or
international, governmental or non-governmental, which is qualified
in matters covered by this Protocol and which has informed the
secretariat of its wish to be represented at a session of the
Conference of the Parties serving as the meeting of the Parties to
this Protocol as an observer, may be so admitted unless at least one
third of the Parties present object. The admission and participation
of observers shall be subject to the rules of procedure, as referred
to in paragraph 5 above.
1. The secretariat established by Article 8 of the Convention
shall serve as the secretariat of this Protocol.
2. Article 8, paragraph 2, of the Convention on the functions of
the secretariat, and Article 8, paragraph 3, of the Convention on
arrangements made for the functioning of the secretariat, shall apply
mutatis mutandis to this Protocol. The secretariat shall, in
addition, exercise the functions assigned to it under this
Protocol.
1. The Subsidiary Body for Scientific and Technological Advice and
the Subsidiary Body for Implementation established by Articles 9 and
10 of the Convention shall serve as, respectively, the Subsidiary
Body for Scientific and Technological Advice and the Subsidiary Body
for Implementation of this Protocol. The provisions relating to the
functioning of these two bodies under the Convention shall apply
mutatis mutandis to this Protocol. Sessions of the meetings
of the Subsidiary Body for Scientific and Technological Advice and
the Subsidiary Body for Implementation of this Protocol shall be held
in conjunction with the meetings of, respectively, the Subsidiary
Body for Scientific and Technological Advice and the Subsidiary Body
for Implementation of the Convention.
2. Parties to the Convention that are not Parties to this Protocol
may participate as observers in the proceedings of any session of the
subsidiary bodies. When the subsidiary bodies serve as the subsidiary
bodies of this Protocol, decisions under this Protocol shall be taken
only by the Parties to this Protocol.
3. When the subsidiary bodies established by Articles 9 and 10 of
the Convention exercise their functions with regard to matters
concerning this Protocol, any member of the Bureaux of those
subsidiary bodies representing a Party to the Convention but, at that
time, not a party to this Protocol, shall be substituted by an
additional member to be elected by and from amongst the Parties to
this Protocol.
The Conference of the Parties serving as the meeting of the
Parties to this Protocol shall, as soon as practicable, consider the
application to this Protocol of, and modify as appropriate, the
multilateral consultative process referred to in Article 13 of the
Convention, in the light of any relevant decisions that may be taken
by the Conference of the Parties. Any multilateral consultative
process that may be applied to this Protocol shall operate without
prejudice to the procedures and mechanisms established in accordance
with Article 18.
The Conference of the Parties serving as the meeting of the
Parties to this Protocol shall, at its first session, approve
appropriate and effective procedures and mechanisms to determine and
to address cases of non-compliance with the provisions of this
Protocol, including through the development of an indicative list of
consequences, taking into account the cause, type, degree and
frequency of non-compliance. Any procedures and mechanisms under this
Article entailing binding consequences shall be adopted by means of
an amendment to this Protocol.
The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Protocol.
1. Any Party may propose amendments to this Protocol.
2. Amendments to this Protocol shall be adopted at an ordinary
session of the Conference of the Parties serving as the meeting of
the Parties to this Protocol. The text of any proposed amendment to
this Protocol shall be communicated to the Parties by the secretariat
at least six months before the meeting at which it is proposed for
adoption. The secretariat shall also communicate the text of any
proposed amendments to the Parties and signatories to the Convention
and, for information, to the Depositary.
3. The Parties shall make every effort to reach agreement on any
proposed amendment to this Protocol by consensus. If all efforts at
consensus have been exhausted, and no agreement reached, the
amendment shall as a last resort be adopted by a three-fourths
majority vote of the Parties present and voting at the meeting. The
adopted amendment shall be communicated by the secretariat to the
Depositary, who shall circulate it to all Parties for their
acceptance.
4. Instruments of acceptance in respect of an amendment shall be
deposited with the Depositary. An amendment adopted in accordance
with paragraph 3 above shall enter into force for those Parties
having accepted it on the ninetieth day after the date of receipt by
the Depositary of an instrument of acceptance by at least three
fourths of the Parties to this Protocol.
5. The amendment shall enter into force for any other Party on the
ninetieth day after the date on which that Party deposits with the
Depositary its instrument of acceptance of the said
amendment.
1. Annexes to this Protocol shall form an integral part thereof
and, unless otherwise expressly provided, a reference to this
Protocol constitutes at the same time a reference to any annexes
thereto. Any annexes adopted after the entry into force of this
Protocol shall be restricted to lists, forms and any other material
of a descriptive nature that is of a scientific, technical,
procedural or administrative character.
2. Any Party may make proposals for an annex to this Protocol and
may propose amendments to annexes to this Protocol.
3. Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The text of any proposed annex or amendment to an annex shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate the text of any proposed annex or amendment to an annex to the Parties and signatories to the Convention and, for information, to the Depositary.
4. The Parties shall make every effort to reach agreement on any
proposed annex or amendment to an annex by consensus. If all efforts
at consensus have been exhausted, and no agreement reached, the annex
or amendment to an annex shall as a last resort be adopted by a
three-fourths majority vote of the Parties present and voting at the
meeting. The adopted annex or amendment to an annex shall be
communicated by the secretariat to the Depositary, who shall
circulate it to all Parties for their acceptance.
5. An annex, other than Annex A or B, that has been adopted or
amended in accordance with paragraphs 3 and 4 above shall enter into
force for all Parties to this Protocol six months after the date of
the communication by the Depositary to such Parties of the adoption
or amendment of the annex, except for those Parties that have
notified the Depositary in writing within that period of their
non-acceptance of the annex or amendment to the annex. The annex or
amendment to an annex shall enter into force for Parties which
withdraw their notification of non-acceptance on the ninetieth day
after the date on which withdrawal of such notification has been
received by the Depositary.
6. If the adoption of an annex or an amendment to an annex
involves an amendment to this Protocol, that annex or amendment to an
annex shall not enter into force until such time as the amendment to
this Protocol enters into force.
7. Amendments to Annexes A and B to this Protocol shall be adopted and enter into force in accordance with the procedure set out in Article 20, provided that any amendments to Annex B shall be adopted only with the written consent of the Party concerned.
1. Each Party shall have one vote, except as provided for in
paragraph 2 below.
2. Regional economic integration organizations, in matters within
their competence, shall exercise their right to vote with a number of
votes equal to the number of their member States which are Parties to
this Protocol. Such an organization shall not exercise its right to
vote if any of its member States exercises its right, and vice
versa.
The Secretary-General of the United Nations shall be the
Depositary of this Protocol.
1. This Protocol shall be open for signature and subject to
ratification, acceptance or approval by States and regional economic
integration organizations which are Parties to the Convention. It
shall be open for signature at United Nations Headquarters in New
York from 16 March 1998 to 15 March 1999. This Protocol shall be open
for accession from the day after the date on which it is closed for
signature. Instruments of ratification, acceptance, approval or
accession shall be deposited with the Depositary.
2. Any regional economic integration organization which becomes a
Party to this Protocol without any of its member States being a Party
shall be bound by all the obligations under this Protocol. In the
case of such organizations, one or more of whose member States is a
Party to this Protocol, the organization and its member States shall
decide on their respective responsibilities for the performance of
their obligations under this Protocol. In such cases, the
organization and the member States shall not be entitled to exercise
rights under this Protocol concurrently.
3. In their instruments of ratification, acceptance, approval or
accession, regional economic integration organizations shall declare
the extent of their competence with respect to the matters governed
by this Protocol. These organizations shall also inform the
Depositary, who shall in turn inform the Parties, of any substantial
modification in the extent of their competence.
1. This Protocol shall enter into force on the ninetieth day after
the date on which not less than 55 Parties to the Convention,
incorporating Parties included in Annex I which accounted in total
for at least 55 per cent of the total carbon dioxide emissions for
1990 of the Parties included in Annex I, have deposited their
instruments of ratification, acceptance, approval or
accession.
2. For the purposes of this Article, "the total carbon dioxide
emissions for 1990 of the Parties included in Annex I" means the
amount communicated on or before the date of adoption of this
Protocol by the Parties included in Annex I in their first national
communications submitted in accordance with Article 12 of the
Convention.
3. For each State or regional economic integration organization that ratifies, accepts or
approves this Protocol or accedes thereto after the conditions set
out in paragraph 1 above for the entry into force have been
fulfilled, this Protocol shall enter into force on the ninetieth day
following the date of deposit of its instrument of ratification,
acceptance, approval or accession.
4. For the purposes of this Article, any instrument deposited by a regional economic
integration organization shall not be counted as additional to
those deposited by States members of the organization.
No reservations may be made to this Protocol.
1. At any time after three years from the date on which this
Protocol has entered into force for a Party, that Party may withdraw
from this Protocol by giving written notification to the
Depositary.
2. Any such withdrawal shall take effect upon expiry of one year
from the date of receipt by the Depositary of the notification of
withdrawal, or on such later date as may be specified in the
notification of withdrawal.
3. Any Party that withdraws from the Convention shall be
considered as also having withdrawn from this Protocol.
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the
United Nations.
Done at Kyoto this tenth day of December one thousand nine hundred and
ninety-seven.
Greenhouse gases
Carbon dioxide (CO2)
Methane (CH4)
Nitrous oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulphur hexafluoride (SF6)
Sectors/source categories
Energy
Fuel combustion
Energy industries
Manufacturing industries and construction
Transport
Other sectors
Other
Fugitive emissions from fuels
Solid fuels
Oil and natural gas
Other
Industrial processes
Mineral products
Chemical industry
Metal production
Other production
Production of halocarbons and sulphur hexafluoride
Consumption of halocarbons and sulphur hexafluoride
Other
Solvent and other product use
Agriculture
Enteric fermentation
Manure management
Rice cultivation
Agricultural soils
Prescribed burning of savannas
Field burning of agricultural residues
Other
Waste
Solid waste disposal on land
Wastewater handling
Waste incineration
Other
Party Quantified emission limitation or reduction commitments
(percentage change from 1990)
Australia (to be completed)
Austria
Belgium
Bulgaria*
Canada
Croatia*
Czech Republic*
Denmark
Estonia*
European Community
Finland
France
Germany
Greece
Hungary*
Iceland
Ireland
Italy
Japan
Latvia*
Liechtenstein
Lithuania*
Luxembourg
Monaco
Netherlands
New Zealand
Norway
Poland*
Portugal
Romania*
Russian Federation*
Slovakia*
Slovenia*
Spain
Sweden
Switzerland
Ukraine*
United Kingdom of Great Britain and Northern Ireland
United States of America
* Countries that are undergoing the process of transition to a
market economy.