its seventh session, the Conference of Parties to the Convention (COP) 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, the COP 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 these procedures and mechanisms. The basis for electing members/alternates was
also agreed in the same decision. Decision 24/CP.7 was confirmed by the Conference of the Parties serving as
the meeting of the Parties to the Kyoto Protocol (CMP) through decision 27/CMP.1.
In addition, at its first session, the CMP also decided to consider a proposed 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. Article 18 stipulates that any procedures and
mechanism under that Article entailing binding consequences shall be adopted by an amendment to the Protocol. At
its second session, the CMP referred the matter to the Subsidiary Body for Implementation (SBI) for consideration
at its twenty-fifth session. The proposed amendment continued to be considered by the SBI until its thirty-seventh
session (Doha, November 2012) when it agreed to recommend that the CMP complete its consideration of the proposal.
Thus, the CMP, at its eighth session, concluded its consideration of the proposal.
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 its fourth session (Buenos Aires, November
1998), the COP 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 ( decision 1/CP.4).
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 the second part of its sixth session (COP 6 part II), the COP 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. 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
Rules of procedure and
At CMP1, the procedures and mechanisms relating to compliance under the Kyoto Protocol were adopted (in decision
27/CMP.1), and the first members and alternate members of the facilitative and enforcement branches were
elected. Later at their first meetings in March 2006, the first chairpersons and vice-chairpersons of the
branches were chosen.
In November 2006, the first annual report of the Committee was presented to the CMP at its second
session. Since then, the Committee has been reporting on its activities at each ordinary session of the CMP
(see the annual reports submitted
by the Committee to the CMP).
At its second session, the CMP approved the rules of procedure for the Committee ( decision 4/CMP.2), as recommended
in the Committee’s first annual report. At its fourth session in December 2008, the CMP adopted
amendments to the Committee's rules of procedure ( decision 4/CMP.4). At its ninth
session in November 2013, the CMP adopted further amendments to the Committee's rules of procedure ( decision 8/CMP.9 (92 kB)
For a general overview of the Compliance Committee’s functions and
proceedings, see the attached illustration:
Members and alternate members of the Compliance
Rules of procedure of the
Compliance Committee of the Kyoto Protocol (143 kB) (informal consolidated version of 3 February 2014)