 |

ISSUES
IN THE NEGOTIATING PROCESS
Kyoto Protocol mechanisms: "Joint implementation", the clean development
mechanism and emissions trading
Background |
The Kyoto Protocol defines three mechanisms to assist Annex I
Parties in meeting their emission targets.
"Joint implementation" (Article 6) allows Annex I Parties to implement
projects that reduce greenhouse gas emissions by sources, or enhance removals
by "sinks", in the territories of other Annex I Parties, and to credit the resulting
"emission reduction units" against their own emission targets. (The term "joint
implementation" does not appear in Article 6, but it has entered into common usage
as convenient shorthand).
The clean development mechanism (CDM) defined in Article 12 allows
Annex I Parties to implement projects that reduce greenhouse gas emissions in
non-Annex I Parties and has the additional goal of assisting non-Annex I Parties
in achieving sustainable development and contributing to the ultimate objective
of the Convention. Under the CDM, Annex I Parties may use "certified emission
reductions" generated by project activities in non-Annex I Parties to contribute
to compliance with their emission commitments. The CDM will be supervised by an
executive board, and a "share of the proceeds" from project activities will be
used to assist particularly vulnerable developing countries in meeting the costs
of adaptation.
Emissions trading, as set out in Article 17, permits an Annex
I Party to transfer part of its "assigned amount" (the target level of emissions
for the Party during the commitment period) to another Annex I Party.
At COP 4 (Buenos Aires, November 1998), Parties agreed on a work
programme, as part of the "Buenos Aires Plan of Action", to elaborate
principles, modalities, rules and guidelines on all three mechanisms (with priority
to be given to the CDM), with a view to taking decisions on these at COP 6 (The
Hague, November 2000). These included decisions to be recommended for adoption
to the Conference of the Parties serving as the meeting of the Parties to the
Kyoto Protocol at its first session (COP/MOP 1).
Key issues under negotiation on the Kyoto Protocol mechanisms
have included: the question of "supplementarity" (whether a limit should be placed
on the use of the mechanisms); which projects should be eligible for the CDM (particularly
whether sink projects and nuclear energy projects should be permitted); whether
the "share of proceeds" including "adaptation levy" applied
to the CDM should be extended to all three mechanisms; who should be liable if
a Party that has transferred a part of its assigned amount under emissions trading
is found to be in non-compliance with its target; and what the membership of the
CDM executive board should be.
Negotiations on the mechanisms have been conducted jointly by
both subsidiary bodies. In addition, several inter-sessional technical workshops
and informal consultations have been held to advance work.
At COP 6, however, Parties failed to reach agreement on a package
of decisions under the Buenos Aires Plan of Action. The negotiating texts on the
mechanisms, together with texts on other issues, were therefore forwarded to a
resumed session of COP 6 for further negotiation.
|
|
Latest developments |
At COP 6 part II (Bonn, July 2001), Parties adopted the
Bonn Agreements on the Implementation of the Buenos Aires Plan of Action,
registering political agreement on key issues, including on the Kyoto Protocol
mechanisms. Parties did not, however, complete their work on detailed decisions
on the mechanisms based on the Bonn Agreements, and the draft texts were referred
to COP 7 (Marrakesh, October/November 2001) for further consideration.
Among other provisions, the Bonn Agreements specify that the
use of the mechanisms shall be supplemental to domestic action, and that domestic
action shall thus constitute a significant element of the effort made by each
Annex I Party in meeting its emission commitments under the Protocol. Annex I
Parties are to provide information concerning this provision, which shall be considered
by the facilitative branch of the Compliance
Committee if questions of implementation are
raised. According to the Bonn Agreements, the eligibility of a Party to participate
in the mechanisms is dependent on compliance with methodological and reporting
requirements under the Protocol and acceptance of the Protocol's compliance regime.
The Bonn Agreements further stipulate that Annex I Parties are to refrain from
using credits from "joint implementation" or the CDM that are generated
from nuclear facilities.
Concerning CDM projects, the Bonn Agreements state that the
CDM executive board shall develop and recommend to COP 8 (October/November 2002)
simplified modalities and procedures for small-scale projects, including renewable
energy and energy efficiency projects. Afforestation and reforestation will be
the only eligible land-use, land-use change and forestry
projects under the CDM in the first commitment period, and the SBSTA will further
develop modalities and procedures for addressing such concerns as non-permanence,
leakage and socio-economic and environmental impacts. Public funding by Parties
is not to result in a diversion of overseas development aid. The "adaptation
levy" will amount to 2% of the certified emission reductions issued for a
CDM project activity. The CDM executive board will comprise ten Parties to the
Kyoto Protocol, including one from each of the five UN regional groups, plus two
other members from Annex I Parties, two from non-Annex I Parties, and one representative
of the small island developing states.
Regarding emissions trading, the Bonn Agreements require each
Annex I Party to maintain a "commitment period reserve" which should
not drop below 90% of the Party’s assigned amount or 100% of five times its most
recently reviewed inventory, whichever is the lowest. This is to prevent "over-selling"
by a Party, which might then not be able to meet its own commitments.
|
|
Next steps |
Parties will continue their negotiations at COP 7, in order to
complete and adopt decisions on all the mechanisms at that session, including
recommendations for COP/MOP 1.
In order to facilitate the prompt start of the CDM, COP 7 is also
expected to elect the members of the CDM executive board. The President will promote
the necessary consultations on this matter among the constituency groups.
|
|
Documents prepared for the upcoming session |
|
FCCC/CP/2001/5/Add.2 |
Decisions in progress on the Kyoto
Protocol mechanisms |
Key decisions and key conclusions |
|
|
Relevant COP decisions and key joint SBSTA
and SBI conclusions |
|
|
Key documents prepared for earlier sessions |
Negotiating texts |
FCCC/CP/2001/2/Add.2 |
Consolidated negotiating text proposed by the
President for COP 6 part II |
FCCC/CP/2000/5/Add.3
(Vol.V) |
Text forwarded to COP 6 part II by COP 6 part I |
FCCC/CP/2000/INF.3
(Vol.V) |
Text forwarded by SBSTA/SBI 13 part II (meeting
together with COP 6 in The Hague) to the COP (also on the table for COP 6 part
II) |
FCCC/SB/2000/10
and Adds.1,
2, 3
and 4 |
Text by the Chairmen prepared for SBSTA/SBI 13 part II |
FCCC/SBSTA/2000
/10/Add.1 (parts I-IV) |
Text prepared at SBSTA/SBI 13 part I (September
2000) and forwarded to SBSTA/SBI 13 part II |
FCCC/SB/2000/4 |
Consolidated text on principles, modalities, rules and guidelines.
Note by the Chairmen
|
FCCC/SB/2000/3 |
Text for further negotiation on principles,
modalities, rules and guidelines. Note by the Chairmen prepared for SBSTA/SBI
12 |
|
Other documents |
FCCC/SB/2000/MISC.4 |
Submissions from Parties |
FCCC/SB/2000
/MISC.1 and /Add.1-2 |
Submissions from Parties |
FCCC/SB/1999/
INF.2 and Add.1,
2, 3 |
Synthesis of proposals by Parties. Note by the Chairmen |
FCCC/SB/1999/4 |
Plan for facilitating capacity-building under
decision 7/CP.4: an initial framework |
FCCC/SB/1999
/MISC.3 and
/Add.1 (I),
Add.1 (II),
2, 3,
4, 5,
6
and
FCCC/SB/1999
/MISC.8
|
Submissions from Parties |
FCCC/CP/1998
/MISC.7 and
/Add.1, 2,
3, 4 |
Submissions from Parties |
FCCC/SB/1998/2 |
Mechanisms for cooperative implementation. Note by the secretariat |
FCCC/SB/1998/MISC.1
and
/Add.1
and /Add.1/Rev.1,
/Add.2,
Add.3 and /Add.3/Rev.1,
and /Add.4,
5 and 6 |
Submissions from Parties |
FCCC/SB/1998/MISC.2
and
/ Rev.1
and
/Add.1
and
/Add.1/Rev.1 |
Responses to questionnaire relating to cooperative implementation
mechanisms. Submissions from intergovernmental and non-governmental bodies |
|
|
This agenda item is supported by
the Planning, Coordination and Emerging Issues Programme
|
|
|
|
 |