Distr.
GENERAL
FCCC/AGBM/1997/7
13 October 1997
Original: ENGLISH
AD HOC GROUP ON THE BERLIN MANDATE
Bonn, 22-31 October 1997
Item 3 of the provisional agenda
COMPLETION OF A PROTOCOL OR ANOTHER LEGAL
INSTRUMENT
Consolidated negotiating text by the
Chairman
- At its seventh session, the Ad Hoc Group on the Berlin
Mandate (AGBM) "requested the Chairman, with the assistance of the
secretariat, to prepare a Chairman's text to be the focus of work
at the next session, drawing on the outcome of the work of the
AGBM at its seventh session" (FCCC/AGBM/1997/5, para. 13).
- The consolidated negotiating text by the Chairman
which follows responds to the above mandate. It is derived from
the outcome of the work of the AGBM at its seventh session
(see FCCC/AGBM/1997/INF.1) as well as informal
consultations conducted by the Chairman.
- The consolidated negotiating text is presented to the
AGBM, for its consideration, without prejudice to the negotiating
text by the Chairman (FCCC/AGBM/1997/3/Add.1) and the original
proposals from Parties contained in the relevant miscellaneous
documents (FCCC/AGBM/1996/MISC.2 and Add.1-4 and
FCCC/AGBM/1997/MISC.1 and Add.1-5) which remain before the group.
- The consolidated negotiating text has been prepared in
recognition of the fact that certain issues under discussion in
the AGBM could lend themselves to being addressed through related
decisions to be taken by the Conference of the Parties (COP), and
where appropriate in parallel with the adoption of the new
instrument.
- Although the AGBM has not yet reached agreement on the
form of the legal instrument to be adopted by the COP at its third
session, the structure of the consolidated negotiating text is
based on that of a protocol, in line with the thrust of
deliberations in the Group to date. Parties may wish to note,
however, that other options are still open to the AGBM and that,
were agreement to be reached on another legal instrument, for
example an amendment, the relevant elements in the consolidated
negotiating text could be adapted accordingly.
- Parties are invited to focus their negotiations on the
consolidated negotiating text at the eighth session of the AGBM,
in order to reach agreement on the final text for a protocol or
another legal instrument to be adopted by the COP at its third
session, and thereby fulfill the mandate entrusted to them.
CONSOLIDATED NEGOTIATING TEXT BY THE
CHAIRMAN
Preamble
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 and
being guided by its Article 3,
In fulfilment of 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:
Article 1
For the purposes of this Protocol, the definitions
contained in Article 1 of the Convention shall apply. In
addition:
1. "Convention" means the United Nations Framework
Convention on Climate Change, adopted in New York on 9 May
1992.
2. "Intergovernmental Panel on Climate Change" means the
Intergovernmental Panel on Climate Change jointly established by the
World Meteorological Organization and the
United Nations Environment Programme in 1988.
3. "Montreal Protocol" means the 1987 Montreal Protocol on
Substances that Deplete the Ozone Layer, as subsequently adjusted and
amended.
4. "Parties present and voting" means Parties present and
casting an affirmative or negative vote.
5. "Party" means, unless the text otherwise indicates, a
Party to this Protocol.
6. "Party included in Annex I" means a Party included in
Annex I to the Convention, and as may be subsequently amended by the
Conference of the Parties to the Convention, or a Party which has
made a notification under Article 4.2(g) of the
Convention.
7. "Subsidiary bodies" means the subsidiary bodies
established by Article 9 and Article 10 of the
Convention.
8. (Additional definitions, as
necessary)
9. The Meeting of the Parties may adopt such other
definitions as may be required for the purposes of this Protocol.
Article 2
1. Each of the Parties included in Annex I or acting under
Article 10 shall:
(a) Adopt and implement policies and measures to assist in
the fulfilment of its commitments under Article 3;
(b) Implement policies and measures under this Article in
such a way as to minimize adverse effects on other Parties,
especially developing country Parties and in particular those
identified in Article 4.8 of the Convention. The Meeting of the
Parties may take further action, as appropriate, to promote the
implementation of the provisions of this subparagraph;
(c) Aim, where appropriate, and as part of its national
portfolio of policies and measures to address climate change,
determined according to national circumstances, to implement policies
and measures in the priority areas identified in Annex
A;
(d) Co-operate to enhance the individual and combined
effectiveness of their policies and measures, in accordance with
Article 4.2(e)(i) of the Convention. To this end, these Parties shall
take steps to share their experiences and exchange information on
policies and measures adopted and implemented under this Article,
particularly those in the priority areas identified in Annex A. The
Meeting of the Parties shall, as soon as practicable, consider
modalities through which such policy co-operation might be
facilitated. In its deliberations on this matter, the Meeting of the
Parties shall take into account relevant work being done by other
bodies; and
(e) Co-operate to develop common performance indicators
relating to the implementation of policies and measures adopted under
this Article, with the aim of improving comparability and
transparency of reporting and facilitating the sharing of experiences
and exchange of information among the Parties. The Meeting of the
Parties shall, as soon as practicable, make recommendations on the
definition of such performance indicators, taking into account
relevant work being done by other bodies.
Article 3
1. [Each of] the Parties included in Annex I shall,
individually or jointly, reduce [or limit] [its/their] [net]
[aggregate] anthropogenic emissions of the greenhouse gases listed in
Annex B, as a basket, from [1990 levels/the average annual level for
the period 198[_] to 199[_]] by
[5/15/20] per cent [by 2010/over the period 200[_] to
20[_]].
[2. The commitments under this Article for each Party
included in Annex I are those inscribed in Attachment
1.(1)
3. The commitments under this Article for the following
Parties shall be established using the process set out in Annex C and
shall be inscribed in Attachment 1:
(a) Parties included in Annex I which were not Parties to
the Convention by the date of adoption of this Protocol;
(b) Parties which have been included in Annex I subsequent
to the adoption of this Protocol, in accordance with the provisions
of Article 4.2(f) of the Convention; and
(c) Parties not included in Annex I which have made a
notification under
Article 4.2(g) of the Convention subsequent to the
adoption of this Protocol.]
4. 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 to the Convention at its second
session, in accordance with
Article 4.6 of the Convention, 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 may also notify the Meeting of the
Parties that it intends to use a historical base year or period other
than [1990/average annual emissions for the period
198[_] to 199[_]] for the implementation of its
commitments under this Article. The
Meeting of the Parties shall decide on the acceptance of
such notification. [Where relevant, this chosen base year or period
shall be inscribed in Attachment 1.]
5. Each Party included in Annex I shall, by 2005, have
made demonstrable progress in achieving its commitments under this
Article.
6. Each Party acting under Article 10 shall ensure that
its [net] emissions of the greenhouse gases listed in Annex B, as a
basket, do not exceed its commitments determined in accordance with
the provisions of Article 10.
[7. For the first budget period, from 200[_] to 20[_],
each Party included in Annex I shall be allocated a budget equal to
[[5/15/20] per cent/the percentage inscribed for it in Attachment 1]
of its [net] [average annual] carbon dioxide equivalent emissions of
the greenhouse gases listed in Annex B [in 1990/ for the period
198[_] to 199[_]], or the base [year/period] determined in accordance
with paragraph 4 above, multiplied by [_] (number of years in
this budget period).]
[8. For the first budget period, each Party acting under
Article 10 shall be allocated a budget equal to the percentage
determined in accordance with Article 10 of its [net] [average
annual] carbon dioxide equivalent emissions of the greenhouse gases
listed in Annex B in the
base [year/period] determined in accordance with Article
10, multiplied by [_] (number of years in this budget
period).]
[9. Any emissions allowed or emission credits which a
Party acquires from another Party in accordance with the provisions
of Article 5 or Article 6 shall be added to the emission budget of
that Party.]
[10. Any emissions allowed or emission credits which a
Party transfers to another Party in accordance with the provisions of
Article 5 or Article 6 shall be subtracted from the emission budget
of that Party.]
[11. The procedures established in paragraphs 7 to 10
above shall be used to set the emission budget of each Party included
in Annex I or acting under Article 10 for subsequent budget periods,
unless otherwise decided by the Meeting of the Parties.]
[12. The Meeting of the Parties shall, by the first year
of the first budget period, decide upon modalities for the accounting
of emission budgets.]
[13. If a Party included in Annex I or acting under
Article 10 reduces its emissions during a budget period by a greater
percentage than that required by its commitment under this Article,
this difference shall be credited to the emission budget of that
Party for the subsequent budget period.]
[14. If a Party included in Annex I or acting under
Article 10 exceeds its emission budget for a budget period, by up to
and including [_] per cent, that Party shall not be considered as
being in a state of non-compliance, if it subtracts the amount of
excess emissions from its subsequent emission budget at a rate of
[_:1].]
15. 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
Meeting of the Parties shall regularly review and, as
appropriate, amend the list of greenhouse gases in Annex B with a
view to including other greenhouse gases and source and sink
categories not controlled by the Montreal Protocol. Any amendment to
the list of greenhouse gases in Annex B shall be in accordance with
the provisions set forth in Article 19, and shall only apply to those
commitments under this Article that are adopted after its entry into
force.
16. Until such time as any greenhouse gases not controlled
by the Montreal Protocol from any source and sink categories are
covered by commitments under this Article, Parties included in Annex
I or acting under Article 10 shall make every effort to control their
anthropogenic emissions by sources and enhance their removals by
sinks of such gases.
Article 4
1. Each Party included in Annex I or acting under Article
10 shall, by 200[_], establish a national system for the accurate
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 shall be decided upon
by the Meeting of the Parties 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 to the Convention 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 Meeting of the Parties
shall periodically update such methodologies.
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 B shall be those accepted by the
Intergovernmental Panel on Climate Change and agreed upon by the
Conference of the Parties to the Convention 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 Meeting of the Parties
shall regularly review and, as appropriate, revise the global warming
potential of each such greenhouse gas.
Article 5
1. Any Party included in Annex I or acting under Article
10 that is in compliance with its obligations under this Protocol may
transfer to, or acquire from, any other Party included in Annex I or
acting under Article 10, any of its emissions allowed for the purpose
of meeting its commitments under Article 3.
2. Emissions trading, as defined in paragraph 1 above,
shall be subject to the following criteria:
(a) Emission levels achieved before the start of any
trading system established under this Protocol cannot be used as the
basis for emissions trading;
(b) Emissions trading shall be supplemental to domestic
policies and measures, which should provide the main means of meeting
commitments under Article 3; and
(c) A Party participating in emissions trading may not
transfer, in a given budget period, any of its emissions allowed if
it has exceeded its emission budget for that period.
3. The Meeting of the Parties shall, at its first session
or as soon as practicable thereafter, decide upon modalities, rules
and guidelines for emissions trading, as defined in paragraph 1
above, including methodologies for verification and
reporting.
4. Parties included in Annex I or acting under Article 10
may participate in emissions trading, as defined in paragraph 1
above, as soon as the Meeting of the Parties has agreed upon the
modalities, rules and guidelines referred to in paragraph 3
above.
5. If a question of a Party's implementation of the
requirements of this Article is identified in accordance with the
provisions of Article 8, transfers and acquisitions of emissions
allowed may continue to be made after the question has been
identified, provided that any such emissions allowed may not be used
by any Party to meet its obligations under Article 3 until any issue
of compliance is resolved.
Article 6
1. For the purpose of meeting part of its commitments
under Article 3, any Party included in Annex I or acting under
Article 10 may receive from any other Party included in the same
Annex or acting under that Article, in conformity with the rules of
this Article and the regulations adopted for this purpose by the
Meeting of the Parties, the carbon dioxide equivalent emission
reductions resulting from concrete projects aimed at reducing
anthropogenic emissions of greenhouse gases listed in Annex B in any
sector of the economy.
2. Parties participating in joint implementation projects,
in accordance with their contribution to a project, have the right to
share among themselves the credits achieved by that
project.
3. In order to generate credits, joint implementation
projects shall satisfy the following conditions:
(a) Parties participating in joint implementation projects
shall be in compliance with their obligations under this Protocol,
and shall have a national mechanism for the accounting, certification
and verification of their greenhouse gas emissions, in accordance
with Article 4 of this Protocol and the methodologies adopted for
this purpose by the Meeting of the Parties;
(b) Participation in joint implementation projects shall
be voluntary, and shall require prior acceptance, approval or
endorsement by the participating Parties;
(c) Joint implementation projects shall bring about real,
measurable and long-term environmental benefits related to the
mitigation of climate change, whilst avoiding adverse environmental
and social effects. Projects must provide a reduction in emissions
that is additional to any that would otherwise occur;
(d) Joint implementation projects must be compatible with,
and supportive of, national environment and development priorities
and strategies, and must contribute to cost-effectiveness in
achieving global benefits;
(e) Joint implementation projects can be undertaken by two
or more Parties;
(f) Joint implementation projects shall be supplemental to
domestic policies
and measures, which should provide the main means of
meeting commitments under Article 3;
(g) Joint implementation projects shall be assessed on a
project basis. Credits shall be calculated and allocated on an annual
basis. They shall be subject to stringent emission reduction
verification and accountability methodologies. For each project, a
baseline shall be established setting the net environmental benefits
of greenhouse gas emission mitigation and reduction, as compared with
a baseline without the project; and
(h) Parties shall report on joint implementation projects
in their national communications using guidelines to be adopted by
the Meeting of the Parties at its first session and reviewed
periodically thereafter.
4. A Party may authorize government agencies, private
sector entities, non-governmental organizations or individuals to
participate, under the responsibility of that Party, in actions
leading to the generation, transfer or receipt of credits for joint
implementation projects under this Article.
5. The Meeting of the Parties shall adopt at its first
session, and periodically review thereafter:
(a) Criteria and guidelines for the attribution of
emission credits to Parties in accordance with paragraphs 1 and 6 of
this Article;
(b) Guidelines for reporting on joint implementation
projects and for establishing national mechanisms for the accounting,
certification and verification of greenhouse gas
emissions;
(c) Methodologies for calculating project baselines and
actual emissions in order to assess the incremental impact of the
project;
(d) Methodologies for monitoring the reduction reported,
and for the verification and auditing of credits; and
.
(e) A process for reviewing the total reduction achieved
by reported joint implementation projects and the conformity of the
joint implementation projects with this Article.
6. If a decision is taken by the Conference of the Parties
to the Convention at the conclusion of the pilot phase of activities
implemented jointly, in accordance with decision 5/CP.1 of the
Conference of the Parties to the Convention at its first session, to
allow joint implementation with Parties not included in Annex I, then
Parties included in Annex I or acting under Article 10 may, jointly
with Parties not included in Annex I, undertake concrete projects
aimed at limiting or reducing anthropogenic emissions of greenhouse
gases listed in Annex B in any sector of the economy, in conformity
with the rules of this Article and the regulations adopted for this
purpose by the Meeting of the Parties.
7. If a question of a Party's implementation of the
requirements of this Article is identified in accordance with the
provisions of Article 8, transfers and acquisitions of emission
credits may continue to be made after the question has been
identified, provided that any such credits may not be used by any
Party to meet its obligations under Article 3 until any issue of
compliance is resolved.
Article 7
1. Each Party included in Annex I or acting under Article
10 shall incorporate in its annual emissions inventory, submitted in
accordance with the relevant decisions of the
Conference of the Parties to the Convention, the following
supplementary information:
[(a) From the first year of the first budget period
established under Article 3, a calculation of its remaining emission
budget for that period;]
[(b) A detailed quantification of any emissions allowed or
emission credits acquired or transferred according to the provisions
in Articles 5 and 6; and]
[(c) Where relevant, details of any emissions allowed
carried over or subtracted from a previous emission budget pursuant
to Article 3.13 or 3.14.]
2. Each Party included in Annex I or acting under Article
10 shall incorporate in its national communication, submitted under
Article 10.2(a) and (b) and Article 12 of the Convention, the
following supplementary information on the implementation of its
commitments under this Protocol:
(a) A detailed description of the national system for the
accurate estimation of anthropogenic emissions by sources and
removals by sinks of all greenhouse gases not controlled by the
Montreal Protocol it has established pursuant to Article
4;
(b) An evaluation of trends revealed by the annual
inventories submitted under paragraph 1 above over the reporting
period, with a separate evaluation for the greenhouse gases listed in
Annex B;
(c) A detailed description of the policies and measures it
has adopted under Article 2, including information on the steps it
has taken to promote co-operation with other Parties in the sharing
of experiences and the exchange of information and its performance
indicators;
(d) A specific estimate of the projected effects of the
policies and measures it has adopted under Article 2 on anthropogenic
emissions by sources and removals by sinks of greenhouse gases not
controlled by the Montreal Protocol, with a separate evaluation for
the projected effects on the greenhouse gases listed in Annex
B;
(e) Information on actions and projects undertaken
pursuant to Article 5 and
Article 6; and
(f) An assessment of the estimated impacts on other
Parties, especially developing country Parties and in particular
those listed in Article 4.8 of the Convention, of the policies and
measures adopted and implemented under Article 2.
3. Each Party included in Annex I or acting under Article
10 shall submit the information required from it under this Article
as part of the first national communication due under the Convention
after this Protocol has entered into force for that Party. The
frequency of subsequent communications under this Article shall be
determined by the Meeting of the Parties.
4. The Meeting of the Parties shall adopt at its first
session, and periodically review thereafter, guidelines for the
submission of the information required under this Article, taking
into account guidelines for the submission of national communications
adopted by the Conference of the Parties to the
Convention.
Article 8
1. The national communications submitted under Article 7
by each Party included in
Annex I or acting under Article 10, including the annual
emissions inventories submitted over the reporting period, shall be
reviewed by expert review teams as part of the review of
communications conducted in accordance with the relevant decisions of
the Conference of the Parties to the Convention.
2. Expert review teams shall be co-ordinated by the
secretariat and shall be composed of experts selected from those
nominated by Parties and, as appropriate, by intergovernmental
organizations.
3. The review process shall assess all aspects of a
Party's implementation of this Protocol, including the likelihood
that a Party will achieve its commitments under Article 3. The expert
review teams shall prepare a report to the Meeting of the Parties
assessing the implementation of a Party's commitments and identifying
any potential problems in the fulfilment of commitments. Such reports
shall be circulated by the secretariat to all Parties. In addition,
the secretariat shall identify for further consideration by the
Meeting of the Parties any questions of implementation indicated by
such reports.
4. The Meeting of the Parties shall adopt at its first
session, and periodically review thereafter, guidelines for the
review of implementation by expert review teams and the
identification of questions of implementation by the secretariat,
taking into account guidelines for the review of communications
adopted by the Conference of the Parties to the
Convention.
5. The Meeting of the Parties, with the assistance of the
Subsidiary Body for Implementation, shall consider:
(a) The national communications submitted by Parties under
Article 7 and the expert reviews thereof conducted under this
Article; and
(b) Any questions of implementation identified by the
secretariat under paragraph 3 above.
6. Pursuant to its consideration of the information
referred to in paragraph 5(a) and (b) above, the Meeting of the
Parties shall take decisions on any matter necessary for the
implementation of this Protocol.
Article 9
1. The Meeting of the Parties shall, at its first session,
consider and approve appropriate procedures and mechanisms to
determine and address cases of non-compliance with the provisions of
this Protocol.
Article 10
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/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/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 B, 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 Meeting of the Parties which shall decide on
the acceptance of such notification.
4. After its acceptance by the Meeting of the Parties, 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 Attachment 1.
5. Parties acting under this Article shall be bound by the
obligations of Parties included in Annex I with respect to the
communication of information related to implementation under Article
10.2(a) and (b) and Article 12 of the Convention, and the relevant
decisions of the Conference of the Parties to the
Convention.
Article 11
1. The Meeting of the Parties shall periodically review
the adequacy of the commitments of the Parties included in Annex I or
acting under Article 10, in the light of the best available
scientific information and assessment on climate change and its
impacts, as well as relevant technical, social and economic
information, with a view to achieving the objective of the
Convention. Based on this review, the Meeting of the Parties shall
take appropriate action, taking fully into account the different
nature of the commitments of these Parties.
2. The first review shall take place at the [_] session of
the Meeting of the Parties and in conjunction with pertinent reviews
under the Convention. Further reviews shall take place at regular
intervals thereafter, to be determined by the Meeting of the
Parties.
Article 12
1. In order to advance the implementation of existing
commitments in
Article 4.1 of the Convention, in accordance with Article
4.3, 4.5 and 4.7 of the Convention and without introducing new
commitments for Parties not included in Annex I, all Parties
shall:
2. (a) Develop, at the national level, local emission
factors, activity data and 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 greenhouse gases not controlled by the Montreal
Protocol, in order to improve the data included in their national
communications;
(b) To the extent possible, move towards using
methodologies fully compatible with those developed by the
Intergovernmental Panel on Climate Change and approved by the
Conference of the Parties to the Convention for the preparation of
national inventories of greenhouse gases not controlled by the
Montreal Protocol; and
(c) Co-operate in identifying and agreeing on specific
means and approaches to foster bilateral, regional and global
co-operation to facilitate the development of national inventories of
emissions of greenhouse gases not controlled by the Montreal
Protocol, local emission factors, activity data and models which
reflect the socio-economic conditions of each Party.
3. (a) Formulate, implement, publish and regularly update
national and, where appropriate, regional programmes containing
measures to mitigate, and facilitate adequate adaptation to, climate
change including, inter alia, removing obstacles to the
limitation of anthropogenic emissions by sources and to the
enhancement of removals by sinks, enhancing energy efficiency,
emphasizing market-oriented pricing, encouraging appropriate reforms
in the energy sector and regulatory regimes, increasing the use of
renewable energy, making improvements in the transport and industrial
sectors, promoting the development and sustainable management of
greenhouse gas sinks and reservoirs, improving the integration of
climate change considerations into agriculture, and generally taking
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
(b) Co-operate bilaterally and multilaterally in
identifying and agreeing on specific means and approaches to foster
bilateral, regional and global co-operation to mitigate, and
facilitate adequate adaptation to, climate change by formulating and
implementing relevant programmes of measures referred to in
subparagraph (a) above, giving special consideration to supporting
measures which favour the economic development of developing country
Parties and minimizing adverse effects on other Parties, especially
developing country Parties and in particular those identified in
Article 4.8 of the Convention.
4. (a) Promote effective modalities for the development,
application and diffusion, including transfer, of environmentally
sound technologies, know-how, practices and processes pertinent to
the mitigation of, and adaptation 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
encourage the private sector through financial and fiscal incentives
to promote and enhance access to, and transfer of, patent protected
environmentally sound technologies, in particular to developing
countries;
(b) Prepare and communicate national inventories of the
need and market potential for environmentally sound technologies,
know-how, practices and processes pertinent to the policies and
programmes mentioned in paragraph 3(a) above, on the basis of
national and regional programmes containing measures to mitigate, and
facilitate adequate adaptation to, climate change; and
(c) Co-operate in identifying and agreeing on specific
means and approaches to
foster bilateral, regional and global co-operation to
facilitate the development, application and diffusion, including
transfer, of the environmentally sound technologies, know-how,
practices and processes referred to in subparagraphs (a) and (b)
above, in particular to developing countries.
5. Promote and co-operate in providing the necessary
financial and technological resources for the sustainable management,
conservation and enhancement, as appropriate, of sinks and reservoirs
of all greenhouse gases not controlled by the Montreal Protocol,
including biomass, forests and oceans as well as other terrestrial,
coastal and marine ecosystems.
6. Co-operate, as appropriate to their national technical
and financial capabilities, in preparing for adaptation to impacts of
climate change through the assessment at the national and, where
appropriate, regional level, of the environmental, economic and
social impacts of climate change, including sea level rise, changes
in storms or storm surges, and risk to coastal ecosystems, including
fragile ecosystems, wetlands, coral reefs and atolls, as well as
freshwater supplies, arid and semi-arid areas, drought and
desertification, and for the protection and rehabilitation of
terrestrial, coastal and marine ecosystems and areas affected by
drought, desertification or floods.
7. (a) Take steps towards identifying and implementing
procedures to ensure that climate change considerations are taken
into account in relevant governmental decisions, including those of
intergovernmental organizations and in particular multilateral
development banks; and
(b) Co-operate in developing, and to the
extent possible utilize, relevant indicators to assist in the
assessment of the impacts of climate change and response measures on
the economy, infrastructure, human settlements, social and cultural
practices, public health and the quality of the environment with a
view to minimizing any adverse effects, and include such assessments
in national communications.
8. Co-operate in developing at the national and, where
appropriate, regional level, systematic observation and data
archives, scientific and technical research, and support for
improving endogenous capacities and capabilities to participate in
international and intergovernmental programmes, conferences, meetings
and seminars related to the climate system, and the enhancement of
access to, and exchange of, data and analyses thereof, obtained from
areas beyond national jurisdiction, taking into account the
particular concerns and needs of developing country Parties in
implementing Article 5 of the Convention.
9. Promote and co-operate in providing the necessary
financial and technological resources for the full, open and prompt
exchange of relevant scientific, technological, technical,
socio-economic and legal information related to the climate system
and climate change, and to the economic and social consequences of
various response strategies, including through the establishment of
relevant mechanisms for this purpose in the subsidiary bodies of the
Convention.
10. In accordance with Article 6 of the Convention,
develop and implement education and training programmes and
strengthen national institutions, including through the exchange or
secondment of personnel to train experts, and develop guidelines and
relevant methodologies for this
purpose.
11. Communicate to the Meeting of the Parties, through the
secretariat, information related to the implementation of their
commitments under this Protocol, in accordance with Article 7 and
Article 10.2(a) and (b) and Article 12 of the Convention,
taking fully into account the guidelines for communications adopted
by the Conference of the Parties to the Convention and any subsequent
guidelines that the Meeting of the Parties may adopt.
Article 13
1. The financial mechanism defined in Article 11 of the
Convention, as well as the entity or entities entrusted with its
operation, shall serve as the financial mechanism and entity or
entities for the purposes of this Protocol.
2. Additional funding for the purposes of implementing
Article 12 shall be provided to the financial mechanism by developed
country Parties and other developed Parties included in Annex II to
the Convention in a predictable and identifiable manner.
3. On matters related solely to activities under Article
12, the financial mechanism, as well as the entity or entities
entrusted with its operation, shall function under the guidance of,
and be accountable to, the Meeting of the Parties.
4. The developed country Parties and other developed
Parties included in Annex II to the Convention may also provide, and
developing country Parties avail themselves of, financial and
technological resources for the implementation of Article
12 through bilateral, regional and other multilateral
channels.
Article 14
Alternative A
(Meeting of the Parties)
1. A Meeting of the Parties is hereby
established.
2. The Meeting of the Parties shall keep under regular
review the implementation of this Protocol and shall make, within its
mandate, the decisions necessary to promote its effective
implementation. To this end, it shall:
(a) Exercise the functions assigned to it under this
Protocol; and
(b) Exercise any other such functions as may be required
for the implementation of this Protocol, including any functions that
may be assigned to it by the Conference of the Parties to the
Convention.
3. The Meeting of the Parties shall, at its first
session:
(a) Adopt, by a two-thirds majority of the Parties present
and voting at the meeting, rules of procedure for itself;
and
(b) Adopt, by consensus, financial rules, in accordance
with guidance received from the Conference of the Parties to the
Convention [to ensure that any additional funds for the operation of
this Protocol are provided by the Parties thereto.]
4. The Meeting of the Parties may establish such further
subsidiary bodies as may be deemed necessary for the implementation
of this Protocol.
5. Parties to the Convention that are not Parties to this
Protocol may participate, without the right to vote, in the
proceedings of any ordinary session of the Meeting of the
Parties.
6. The secretariat shall convene the first session of the
Meeting of the Parties in conjunction with the first session of the
Conference of the Parties to the Convention that is scheduled after
the date of the entry into force of this Protocol. Subsequent
sessions of the Meeting of the Parties shall be held every year and
in conjunction with sessions of the Conference of the Parties to the
Convention, unless otherwise decided by the Meeting of the
Parties.
7. Extraordinary sessions of the Meeting of the Parties
shall be held at such times as may be deemed necessary by the Meeting
of the Parties, or at the written request of any Party, provided
that, within six months of such a 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 Meeting of the Parties 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 Meeting of the Parties 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 adopted by the Meeting of the
Parties at its first session.
Alternative B
(Conference of the Parties acting as a body of this
Protocol)
9. The Conference of the Parties to the Convention shall
serve as the supreme body of this Protocol.
10. In accordance with Article 17.5 of the Convention,
when the Conference of the Parties exercises its functions as the
supreme body of this Protocol, decisions shall be taken only by those
of its members that are, at the same time, Parties to this
Protocol.
11. When the Conference of the Parties exercises its
functions as the supreme body of this Protocol, any member of the
Bureau of the Conference of the Parties representing a Party to the
Convention but, at the same time, not a Party to this Protocol, shall
be substituted by an additional member to be elected by and from the
Parties to this Protocol.
12. The Conference of the Parties, acting as the supreme
body of this Protocol, shall, at its first session after entry into
force of this Protocol, decide upon modalities for the conduct of
business on matters relating to this Protocol.
13. Without prejudice to paragraphs 9 to 12 above, the
Parties to this Protocol may also meet at any such times as may be
deemed necessary by the Parties to this Protocol.
Article 15
1. The secretariat established by Article 8 of the
Convention shall serve as the secretariat to this
Protocol.
2. Arrangements made for its functioning under Article 8.3
of the Convention shall apply mutatis mutandis to this
Protocol. The secretariat shall also exercise the functions assigned
to it under this Protocol.
[3. To the extent that these are distinct, the costs of
secretariat services for this Protocol shall be met by the Parties
thereto.]
Article 16
1. The Subsidiary Body for Scientific and Technological
Advice and the Subsidiary Body for Implementation of the Convention
shall serve as the Subsidiary Body for Scientific and Technological
Advice and the Subsidiary Body for Implementation of this
Protocol.
2. When the subsidiary bodies exercise their functions
with regard to matters concerning this Protocol, decisions shall be
taken only by those of their members that are, at the same time,
Parties to this Protocol.
3. When the subsidiary bodies exercise their functions
with regard to matters concerning this Protocol, any member of the
Bureau of the subsidiary bodies representing a Party to the
Convention but, at the same time, not a Party to this Protocol, shall
be substituted by an additional member to be elected by and from the
Parties to this Protocol.
Article 17
1. The Meeting of the Parties shall, as soon as
practicable, consider the application to this Protocol of 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 to the Convention.
Article 18
1. Any Party may propose amendments to this
Protocol.
2. Amendments to this Protocol shall be adopted at an
ordinary session of the
Meeting of the Parties. The text of any proposed amendment
to this Protocol shall be communicated to the Parties by the
secretariat at least six months before the session at which it is
proposed for adoption. The secretariat shall also communicate
proposed amendments to the signatories to this Protocol, 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.
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.
Article 19
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. Such annexes 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 Meeting
of the Parties. The text of any proposed annex or amendment to an
annex shall be communicated to the Parties by the secretariat at
least three months before the session 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 signatories to this
Protocol, 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 that has been proposed and adopted or amended
in accordance with
paragraphs 2, 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 an 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.
Article 20
1. In the event that a State mentioned in Article 3.3
becomes a Party to this Protocol, or that a notification from a Party
not included in Annex I that it has opted to be bound by Article 10
is accepted by the Meeting of the Parties and has entered into force
in accordance with the provisions of that Article, the Meeting of the
Parties shall inscribe the commitments of such Parties in Attachment
1.
2. The Meeting of the Parties may adopt additional
attachments to this Protocol, with the approval of all Parties
concerned.
Article 21
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.
Article 22
1. This Protocol shall be open for signature and subject
to ratification, acceptance, approval or accession 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, and shall be open for
accession from the day after the date on which this Protocol is
closed for signature.
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.
3. 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 fulfilment of their commitments under this Protocol. They shall
notify the Depositary, who shall in turn inform the Parties, of the
allocation of their respective responsibilities for the fulfilment of
their commitments under this Protocol in each of their instruments of
ratification, acceptance, approval or accession. In such cases, the
organization shall be bound to fulfill those commitments it notifies
that it will undertake and the member States shall each be bound to
fulfill all other commitments. In the absence of such notification,
the member States shall individually be responsible for the
fulfilment of all their commitments under this Protocol. The
organization shall inform the Depositary, who shall in turn inform
the Parties, of any substantial modification to the allocation of
respective responsibilities between the organization and its member
States for the fulfilment of their commitments under this Protocol.
The organization and its member States shall not be entitled to
exercise rights under this Protocol concurrently.
4. The Meeting of the Parties shall review the
notification of allocation of responsibilities between the
organization and its member States and of any modification thereto.
Pursuant to its review, the Meeting of the Parties may request
further information or make appropriate recommendations to the
organization and its member States.
Article 23
1. No reservations may be made to this
Protocol.
Article 24
1. This Protocol shall enter into force on the ninetieth
day after the date of deposit of the fiftieth instrument of
ratification, acceptance, approval or accession, provided that the
total carbon dioxide emissions for 1990 of the Parties which have
deposited their instrument of ratification, acceptance, approval or
accession, as indicated in their most recent national communication
submitted under Article 12 of the Convention, by that time represent
no less than three Gigatonnes of carbon.
2. For each State or regional economic integration
organization that ratifies, accepts or approves this Protocol or
accedes thereto after the date of entry into force of this Protocol,
this Protocol shall enter into force on the ninetieth day following
the date of deposit of its instrument of ratification, acceptance,
approval or accession.
3. 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 this
organization.
Article 25
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.
Article 26
1. 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.
Annex A
1. Removal of obstacles to the limitation and reduction of
emissions of greenhouse gases not controlled by the Montreal Protocol
and to the enhancement of removals by sinks, particularly in the
light of reviews of policies and practices conducted pursuant to
Article 4.2(e)(ii) of the Convention.
2. Enhancement of energy efficiency in all sectors,
including the energy production and transformation, industrial,
transport, residential and commercial and agricultural
sectors.
3. Progressive phasing out of market imperfections and
fiscal incentives that run counter to the objective of the
Convention, including, inter alia, subsidies on all fossil
fuels.
4. Encouragement of appropriate reforms in the energy
sector and regulatory regimes aimed at promoting policies and
practices which limit or reduce emissions of greenhouse gases not
controlled by the Montreal Protocol.
5. Promotion, development and increased use of renewable
forms of energy.
6. Development of measures to limit the growth in
emissions of greenhouse gases not controlled by the Montreal Protocol
in the transport sector.
7. Limitation or reduction of emissions of greenhouse
gases not controlled by the
Montreal Protocol from aviation and marine bunker fuels,
inter alia through the International Civil Aviation
Organization and the International Maritime Organization,
respectively.
8. Protection and enhancement of sinks and reservoirs of
greenhouse gases not controlled by the Montreal Protocol and
promotion of sustainable forest management practices, afforestation
and reforestation.
9. Integration of climate change considerations into
agricultural practices and promotion of sustainable forms of
agriculture.
10. Research on, and development of, innovative
climate-friendly technologies, and the development, application and
diffusion, including transfer of, such technologies, particularly to
developing country Parties.
11. Limitation and reduction of emissions of
hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride.
Annex B
Gas Source and sink
category
Carbon dioxide (CO2) Fuel combustion
Industrial processes
[Changes in forests and other
woody biomass stocks]
Methane (CH4) [Fuel combustion]
Fugitive fuel emissions
Enteric fermentation
Animal waste
Waste
Nitrous oxide (N2O) [Fuel combustion]
Industrial processes
[Agricultural soils]
[Hydrofluorocarbons (HFCs) [Industrial processes
Other uses]
Perfluorocarbons (PFCs) [Industrial processes
Other uses]
Sulphur hexafluoride (SF6) [Industrial
processes
Other uses]]
Annex C
1. The emission commitments for each Party mentioned in
Article 3.3 shall be established through a process based on the
application of specific criteria including, as appropriate, the
following:
(a) Carbon dioxide equivalent emissions per capita of the
greenhouse gases listed in
Annex B;
(b) Carbon dioxide equivalent emissions per unit of gross
domestic product of the greenhouse gases listed in Annex B;
(c) Gross domestic product per capita;
(d) Gross domestic product per capita growth;
(e) Effective emissions in a given time period, defined as
the increase in global mean surface temperature at the end of the
period, as determined by an agreed climate change model, resulting
from both the net anthropogenic emissions of an agreed set of
greenhouse gases in each year of that time period and from the
initial concentrations of those greenhouse gases at the beginning of
the period;
(f) Projected population growth;
(g) Emission intensity of gross domestic
product;
(h) Emission intensity of exports;
(i) Fossil fuel intensity of exports; and
(j) Share of renewable energy in energy
supply.
Attachment 1
Name of Party Emission commitment Base [year/period]
(where relevant)
- - - - -
1. These commitments shall be
established using the process set out in Annex C together with the
adoption of this Protocol.