The last of the bodies established under the 1997 Kyoto Protocol, the treaty’s Compliance Committee is now fully operational.  In November 2006, the first annual report of the Committee was presented to the CMP2.  The CMP approved the rules of procedure for the Committee, as recommended in the report.  At its fourth session in December 2008, the CMP adopted amendments to the Committee's rules of procedure.

Rules of Procedure of the Compliance Committee of the Kyoto Protocol (189 kB)

At CMP 1, the procedures and mechanisms relating to compliance under the Kyoto Protocol were adopted (in decision 27/CMP.1), the members and alternate members of the facilitative and enforcement branches were elected.  Later at their first meetings in March 2006, the chairperson and vice-chairperson of the branches were chosen.

Members and alternate members of the Compliance Committee

At COP 7, Parties adopted a decision on the compliance regime for the Kyoto Protocol, which is among the most comprehensive and rigorous in the international arena.  It provides for facilitation, promotion and enforcement of the Protocol’s commitments.

In decision 24/CP.7 of the Marrakesh Accords, COP 7 adopted the text containing procedures and mechanisms relating to compliance under the Kyoto Protocol, and recognized the need to prepare for the timely operation of the procedures and mechanisms relating to compliance under the Kyoto Protocol. The basis for electing members/alternates was also agreed in the same decision.  Decision 24/CP.7 was confirmed by the CMP in decision 27/CMP.1.  In addition, the first CMP also decided to consider an amendment to the Protocol in respect of procedures and mechanisms relating to compliance in terms of Article 18, with a view to making a decision by its third session.  The proposed amendment would make the consequences in decision 27/CMP.1 binding on Parties which ratified it, in conformity with Article 18 of the Protocol, which stipulates that any binding consequences shall be adopted by amendment.

Article 18 of the Kyoto Protocol calls on the CMP 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), 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 “Buenos Aires Plan of Action” adopted at COP 4 called for work on, among other things, the preparations for CMP 1, including the elements of the Protocol related to compliance.

At COP 6 in The Hague, however, Parties were unable to reach agreement on the 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.

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

The Compliance System (117 kB)