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



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Proposals to amend the lists in annexes I and II of the Convention


Article 4.2(f) of the Convention provides as follows:

"The COP shall review, not later than 31 December 1998, available information with a view to taking decisions regarding such amendments to the lists in Annexes I and II as may be appropriate, with the approval of the Party concerned."

According to Article 16 of the Convention, procedures for proposing and adopting amendments to the Convention’s annexes are the same as those set out for amending the Convention itself under Article 15. That is, any Party may propose amendments, which must be adopted at an ordinary session of the COP. The text of any proposed amendment must be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. Parties must make every effort to reach agreement on any proposed amendment by consensus. However, if all efforts at consensus have been exhausted, and no agreement reached, the amendment can, as a last resort, be adopted by a three-fourths majority vote of the Parties present and voting at the meeting.

The text of the adopted amendment is then communicated to all Parties by the Depositary (the UN Secretary-General). Amendments to the Convention’s annexes enter into force for all Parties to the Convention six months after the date of the communication by the Depositary, except for those Parties that have notified the Depositary, in writing, within that period of their non-acceptance of the annex. (Procedures for entry into force of amendments to the Convention itself are different).

In accordance with Article 4.2(f), and in line with requests by some Parties, COP 3 (Kyoto, December 1997) reviewed the lists of Parties included in Annexes I and II. The review resulted in the adoption of decision 4/CP.3, whereby the COP decided to delete the name of Czechoslovakia from Annex I, and to include the names of Liechtenstein, Monaco, the Czech Republic, Slovakia, Croatia and Slovenia. The latter four Parties were designated as "Countries that are undergoing the process of transition to a market economy". This amendment to Annex I entered into force on 13 August 1998.

Proposal to amend Annexes I and II to remove the name of Turkey

Also at COP 3, Parties considered an amendment proposed by Azerbaijan and Pakistan to delete the name of Turkey from the lists in Annexes I and II. Turkey, which was not yet a Party to the Convention, similarly requested the deletion of its name and submitted a position paper in support of its request. Extensive consultations were conducted by one of the COP Vice Presidents, at the request of the COP President, but it proved impossible to reach a consensus on the proposal. The COP therefore requested SBI 8 (June 1998) to consider the issue and to present a report to COP 4 (Buenos Aires, November 1998) for consideration and definitive action.

SBI 8 was unable to come to an agreed conclusion. Consequently, COP 4, after considering the "National Report on Climate Change" submitted by Turkey, adopted decision 15/C.P.4 whereby it decide to continue the review of this matter under Article 4.2(f) at COP 5 (Bonn, October/November 1999).

At COP 5, the President of the COP offered to conduct informal consultations on the proposed deletion of the name of Turkey from Annexes I and II, but in spite of his extensive consultations, a consensus could not be reached. However, in recognition of the efforts made by Turkey to advance the implementation of the objective of the Convention though not a Party to it, COP 5 requested the President to intensify his search for a satisfactory solution and decided to consider the matter again at COP 6 (The Hague, November 2000).

Proposal to amend Annex I to add the name of Kazakhstan

At COP 5, Parties also considered an amendment proposed by Kazakhstan to add its name to Annex I in accordance with Articles 15 and 16 of the Convention. The President of the COP conducted informal consultations on the proposal but was unable to achieve consensus. The COP took note that Kazakhstan maintained its proposal, and Parties decided to consider the proposed amendment further at COP 6.

In the meantime, Kazakhstan, by a note verbale dated 20 June 2000 and in accordance with Article 4.2(g) of the Convention, notified the Depositary that it intends to be bound by the commitments of Annex I Parties set out in Article 4.2(a) and (b). By virtue of the notification and in accordance with Article 1.7 of the Kyoto Protocol (on the definition of the term "Party included in Annex I"), Kazakhstan is now considered an Annex I Party under the Kyoto Protocol. By that same note verbale, Kazakhstan indicated that its request to amend Annex I should be excluded from the agenda of COP 6.

Latest developments

At COP 6, the Minister of Environment of Turkey made a new proposal, whereby the name of Turkey would be deleted from Annex II, but would remain in Annex I, with an accompanying footnote indicating that Turkey should enjoy favourable conditions within "common but differentiated responsibilities", taking into consideration its early stage of industrialization. This would be indicated in the same manner as has been done for "countries that are undergoing the process of transition to a market economy" (the EITs). The COP decided to refer the proposal to the SBI for further consideration, with a view to the SBI recommending a decision to COP 7 (Marrakesh, October/November 2001).

Kazakhstan has requested that its proposal to add its name to Annex I be placed on the provisional agenda for COP 7.

Next steps

The proposals to amend Annex I by removing the name of Turkey and adding the name of Kazakhstan are both on the provisional agenda for COP 7. The proposals will first be considered by SBI 15 (meeting together with COP 7), which will aim to formulate a decision for recommendation to the COP.

Documents for the upcoming session
FCCC/CP/2001/11 Proposal to amend the lists in Annexes I and II of the Convention by removing the name of Turkey
Key decisions and conclusions
Report on COP 6 Proceedings, paras. 83-85
Report on COP 5 Action taken by the COP, Section II, paras. 3 and 4
Decision 15/CP.4 Review of information and possible decisions under Article 4.2(f) of the Convention
Decision 4/CP.3 Amendments to the list in Annex I to the Convention under Article 4.2(f) of the Convention
Key documents prepared for earlier sessions
FCCC/CP/1999/2 Proposal from Kazakhstan to amend Annex I
FCCC/CP/1997/MISC.3 Submission by Turkey
FCCC/SBI/1997/15 Proposed amendment to Annexes I and II by Pakistan and Azerbaijan
This agenda item is supported by the Intergovernmental and Conference Affairs Programme and the Implementation Programme