COP 7   29/10 - 9/11 2001 MARRAKESH, MOROCCO



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Compliance under the Kyoto Protocol

Article 18 of the Kyoto Protocol calls on the COP serving as the meeting of the Parties to the Kyoto Protocol (COP/MOP) to approve, at its first session, "procedures and mechanisms" to determine and address cases of non-compliance with the Protocol. At COP 4 (Buenos Aires, November 1998), as part of the "Buenos Aires Plan of Action", Parties established a joint working group (JWG) on compliance to develop a compliance system under the Protocol, with a view to adopting a decision on this issue at COP 6 (The Hague, November 2000).

The JWG operated under the SBSTA and the SBI and met in parallel with the subsidiary bodies (it convened for the first time together with SBSTA/SBI 10 in June 1999). It was co-chaired by Mr. Harald Dovland (Norway) and Ambassador Tuiloma Neroni Slade (Samoa), who replaced Mr. Espen Ronneberg (Marshall Islands) after COP 5 (Bonn, October/November 1999). Work on compliance was also advanced through several inter-sessional meetings in 2000.

At SBSTA/SBI 13 part I (September 2000), preliminary agreement was reached that a Compliance Committee should be established, functioning through the plenary of the committee, a bureau and two branches, namely the facilitative branch and the enforcement branch.

At COP 6 in The Hague, however, Parties were unable to reach agreement on a package of decisions under the Buenos Aires Plan of Action. In the case of compliance, key outstanding issues included what the consequences of non-compliance should be and the membership of the Compliance Committee. As with other issues, the negotiating texts on compliance were forwarded to a resumed session of COP 6 for further consideration.

Latest developments

At COP 6 part II, Parties adopted the Bonn Agreements on the Implementation of the Buenos Aires Plan of Action, registering political agreement on key issues, including on compliance. The Bonn Agreements state that the consequences for a Party of non-compliance with its emission commitments in the Kyoto Protocol shall be: deduction from that Party’s assigned amount from the second commitment period of emissions equal to 1.3 times the amount of excess emissions; development of a compliance action plan; and suspension of eligibility to make transfers under emissions trading. The enforcement and facilitative branches of the Compliance Committee will be composed of one member from each of the five UN regional groups, one from the small island developing States, two from Annex I Parties and two from non-Annex I Parties.

Parties also continued work at COP 6 part II on a detailed decision on procedures and mechanisms relating to compliance, based on the Bonn Agreements. Although considerable progress was made, some outstanding points remain and the draft decision was forwarded to COP 7 (Marrakesh, October/November 2001) for further elaboration, completion and adoption.

Next steps
Parties are expected to conclude their negotiations and adopt a detailed decision, based on the Bonn Agreements, on procedures and mechanisms relating to compliance at COP 7.
Documents prepared for the upcoming session

Decision in progress on procedures and mechanisms relating to compliance under the Kyoto Protocol

Key decisions
Decision 1/CP.6 Implementation of the Buenos Aires Plan of Action.
Decision 15/CP.5 Future work of the Joint Working Group on Compliance
Decision 8/CP.4 Preparations for COP/MOP 1
Key documents for earlier sessions
Negotiating texts
FCCC/CP/2001/2/Add.6 Consolidated negotiating text proposed by the President for COP 6 part II
FCCC/CP/2000/5/Add.3 (Vol. IV) Text forwarded to COP 6 part II by COP 6 part I
FCCC/SB/2000/11 Text proposed by the Co-Chairmen of the JWG and presented to SBSTA/SBI 13 part II (meeting together with COP 6 in The Hague)
FCCC/SBI/2000/10/Add.2 Text prepared at SBSTA/SBI 13 part I and forwarded to SBSTA/SBI 13 part II
FCCC/SB/2000/7 Proposals from the co-chairmen of the JWG
Reports of the JWG
Report on SBI 13 Annex III
Report on SBI 12 Annex III
Report on SBI 11 Annex I
Report on SBI 10 Annex II
  • Other documents
  • FCCC/SB/2000/1 Elements of a compliance system for the Kyoto Protocol. Note by the JWG co-Chairmen
    FCCC/SB/2000/MISC.2 Submissions from Parties
    FCCC/SB/1999/7 and Add.1 Elements of a compliance system and synthesis of submissions. Note by the JWG co-Chairs
    FCCC/SB/1999/MISC.12 and Add.1-2 Submissions from Parties
    FCCC/SB/1999/MISC.4 and Add.1, 2, 3 Submissions from Parties
    This agenda item is supported by the Implementation Process Sub-Programme