GENERAL
FCCC/AGBM/1997/3/Add.1
22 April 1997
Original: ENGLISH
AD HOC GROUP ON THE BERLIN MANDATE
Sixth session
Bonn, 3-7 March 1997
Paragraphs Page
GLOSSARY 4
INTRODUCTION 1 - 8 5
A. Mandate 1 - 2 5
B. Scope of the note 3 - 8 5
I. INTRODUCTORY ELEMENTS 9 - 83 6
A. Preamble 9 - 19 6
B. Definitions 20 - 69 12
C. Objective 70 - 76 16
D. Principles 77 - 83 17
GE.97-
Paragraphs Page
II. STRENGTHENING THE COMMITMENTS IN
ARTICLE 4.2(a) and (b) 84 - 173 21
A. Policies and measures 84 - 102 21
B. Quantified emission limitation and reduction objectives 103 -
150 27
1. Introductory comments by the Chairman 103 - 107 27
(a) Legal character 103 27
(b) Coverage 104 - 107 27
2. Atmospheric concentration 108 - 109 28
3. Level and timing 110 - 131 28
4. Flexibility 132 - 150 47
(a) Parties with economies in transition 132 - 134 47
(b) Emissions trading 135 - 138 48
(c) Joint implementation 139 - 150 49
C. Possible impacts on developing countries of new
commitments in the new instrument/socio-economic injuries
sustained by developing countries 151 - 153 55
D. Measurement, reporting and communication of
information 154 - 164 57
E. Voluntary application of commitments by
non-Annex I Parties 165 - 173 64
III. REVIEW OF COMMITMENTS 174 - 181
66
IV. CONTINUING TO ADVANCE THE IMPLEMENTATION
OF EXISTING COMMITMENTS IN ARTICLE 4.1 182 - 188 68
V. EDUCATION, TRAINING AND PUBLIC AWARENESS 189 -
190 75
VI. EVOLUTION 191 - 195 75
VII. INSTITUTIONS AND PROCESSES 196 - 217
76
A. Conference of the Parties/Meeting of the Parties 196 - 198 76
B. Secretariat 199 - 202 79
C. Subsidiary bodies 203 80
Paragraphs Page
D. Coordination mechanism 204 80
E. Financial mechanism 205 - 206 81
F. Review of information and review of implementation
and compliance 207 - 210 81
G. Multilateral consultative process 211 - 214 83
H. Dispute settlement 215 - 217 84
VIII. FINAL ELEMENTS 218 - 252 85
A. Decision making 218 - 220 85
B. Amendments 221 - 223 85
C. Relationship to the Convention 224 - 226 87
D. Adoption and amendment of annexes 227 - 230 87
E. Right to vote 231 - 233 90
F. Relationship to other agreements 234 - 235 90
G. Depositary 236 90
H. Signature 237 91
I. Provisional application 238 91
J. Ratification, acceptance, approval or accession 239 - 241 91
K. Entry into force 242 - 247 92
L. Reservations 248 93
M. Withdrawal 249 - 251 93
N. Authentic texts 252 94
IX. ANNEXES 253 - 276 95
A. Listing of Parties 253 - 259 95
B. Policies and measures 260 - 266 97
C. QELROs 267 - 269 126
D. Methodological issues 270 - 273 127
E. Other annexes 274 - 276 128
GDP gross domestic product
GEF Global Environment Facility
GWP global warming potential
ICAO International Civil Aviation Organization
IEA International Energy Agency
IGBP International Geosphere-Biosphere Programme
IMO International Maritime Organization
IPCC Intergovernmental Panel on Climate Change
MDB multilateral development bank
OECD Organisation for Economic Co-operation and
Development
ppmv parts per million (106) by volume
QELROs quantified emission limitation and reduction
objectives
SBSTA Subsidiary Body for Scientific and Technological
Advice
START System for Analysis, Research and Training
UNECE United Nations Economic Commission for Europe
UNEP United Nations Environment Programme
WMO World Meteorological Organization
WTO World Trade Organization
C2F6 hexafluoroethylene
CF4 carbon tetrafluoride
CH4 methane
CO2 carbon dioxide
HFC hydrofluorocarbon
NMVOC non-methane volatile organic compound
N2O nitrous oxide
NOx nitrogen oxides
PFC perfluorocarbon
SF6 sulphur hexafluoride
VOC volatile organic compound
1. At its sixth session, the Ad Hoc Group on the Berlin Mandate (AGBM) requested the Chairman, assisted by the secretariat, to complete the negotiating text for a protocol or another legal instrument in time to enable the secretariat to make it available to the Parties in the six languages of the United Nations by 1 June 1997, and thereby meet the requirements of Article 15.2 or 17.2 of the Convention. The AGBM invited Parties to submit further proposals in legal language for inclusion in the negotiating text to be received by
1 April 1997 (FCCC/AGBM/1997/3, paras. 16 and 17).
2. Parties will recall that, in accordance with Article 15.2 or 17.2 of the Convention, the negotiating text produced to meet the 1 June 1997 deadline should include all the basic concepts on which the AGBM will negotiate up to the third Conference of the Parties
(COP 3). Therefore, whilst proposals additional to this
negotiating text may be put forward, these should be clearly derived
from the submissions already within it and should not introduce
substantially new ideas.
3. This note responds to the above mandate by organizing the texts adopted by the AGBM at its sixth session into a negotiating text for a protocol or another legal instrument (hereinafter referred to as "the instrument"). The negotiating text also incorporates additional proposals submitted up to 1 April 1997. The original texts of all the proposals which make up the negotiating text can be found in documents FCCC/AGBM/1996/MISC.2 and Add.1, 2, 3 and 4, as well as FCCC/AGBM/1997/MISC.1 and Add.1 and 2, the latter including new proposals received since the sixth session of the AGBM.
4. The structure of this negotiating text, including the headings
used and the paragraph numbering system, is derived from that of the
framework compilation of proposals from Parties (FCCC/AGBM/1997/2)
and the texts adopted at the sixth session of the AGBM. As agreed by
the AGBM at its sixth session, however, the names of proposing
Parties are no longer included (FCCC/AGBM/1997/3, para.
16).
5. This negotiating text reproduces the texts adopted by the AGBM
at its sixth session. New proposals received in the form of legal
text up to 1 April 1997 have been included verbatim and are
differentiated from those reviewed at the sixth session by a side bar
in the left margin. All proposals which are still in a descriptive
form appear in italics.
6. As with the framework compilation, cross-references to proposed
"Articles and paragraphs" are found in this negotiating text. All
such cross-references are given in italics and the reader is directed
to the relevant paragraph in the negotiating text.
7. This negotiating text has been produced in full recognition of
the fact that the AGBM has not yet taken a decision on the type of
legal instrument to be adopted by the COP at its third session. Many
submissions refer specifically to a protocol, and the structure of
the negotiating text reflects this. However, other options, such as
an amendment, are still open to the AGBM. In this context, Parties
may wish to consider how proposals could be adapted if agreement is
reached on a different legal instrument. In the case of an amendment,
for instance, new text could be elaborated as new additional
paragraphs and, where appropriate, as a "bis" to the
applicable Article of the Convention, whilst proposals which were
found to be no longer relevant could simply be dropped. Parties may
wish to note that the Amendments to the Montreal Protocol on
Substances that Deplete the Ozone Layer provide an example of such an
approach.
8. Proposals which oppose the inclusion of certain sections in the
new instrument do not figure in this negotiating text. This is on the
understanding that the inclusion of a section is without prejudice to
the views of Parties that may not support the elaboration of any
provisions at all under certain headings.
Chapeau
9. Being Parties to the [1992] United Nations Framework Convention
on Climate Change [signed at New York on May 9th 1992] (hereinafter
referred to as "the Convention"),
Proposal 1
10. Recognizing that the largest share of historical and current
global emissions of greenhouse gases has originated in developed
countries, per capita emissions in developing countries are still
relatively low and that the share of global emissions originating in
developing countries will grow to meet their social and development
needs, quantified emission limitation and reduction objectives shall
be elaborated on the basis of the consequences on all greenhouse gas
concentrations, temperature increase and sea-level rise, taking into
account cumulative emissions and currently available scientific and
economic data,
10.1 Bearing in mind the ultimate objective of the Convention and
any related legal instruments that the Conference of the Parties may
adopt is to achieve, in accordance with the relevant provisions of
the Convention, stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic
interference with the climate system, and that such a level should be
achieved within a time-frame sufficient to allow ecosystems to adapt
naturally to climate change, to ensure that food production is not
threatened and to enable economic development to proceed in a
sustainable manner,
10.2 Having reviewed Article 4, paragraph 2(a) and (b) of the
United Nations Framework Convention on Climate Change and having
concluded that these subparagraphs are not adequate,
10.3 Underlining the principles of the Convention, in particular
the principle in Article 3.1 which reads as follows: "The Parties
should protect the climate system for the benefit of present and
future generations of humankind, on the basis of equity and in
accordance with their common but differentiated responsibilities and
respective capabilities. Accordingly, the developed country Parties
should take the lead in combating climate change and the adverse
effects thereof",
10.4 Recalling Article 3.2 of the Convention which states that
"The specific needs and special circumstances of developing country
Parties especially those that are particularly vulnerable to the
adverse effects of climate change, and of those Parties, especially
developing country Parties, that would have to bear a
disproportionate or abnormal burden under the Convention, should be
given full consideration",
10.5 Recalling also Article 3.5 of the Convention which states
that "The Parties should co-operate to promote a supportive and open
international economic system that would lead to sustainable economic
growth and development in all Parties, particularly developing
country Parties, thus enabling them better to address the problems of
climate change", and that "Measures taken to combat climate change,
including unilateral ones, should not constitute a means of arbitrary
or unjustifiable discrimination or a disguised restriction on
international trade",
10.6 Recognizing also the fact that the global nature of climate
change calls for the widest possible cooperation by all countries and
their participation in an effective and appropriate international
response, in accordance with their common but differentiated
responsibilities and respective capabilities and their social and
economic conditions,
10.7 Reaffirming the specific needs and concerns of developing
countries and the special situations of least developed countries
referred to in Articles 4.8, 4.9 and 4.10 of the Convention, and the
legitimate needs of the developing countries for the achievement of
sustained economic growth and the eradication of poverty, recognizing
also that all Parties have a right to, and should promote sustainable
development,
10.8 Acknowledging that, in accordance with the principle of
common but differentiated responsibilities, Parties to the Convention
and to this protocol/another legal instrument shall in the future
re-examine the impact of global efforts to combat climate change and
the adverse effects thereof,
10.9 Affirming that response to climate change should be
coordinated with social and economic development in an integrated
manner with a view to avoiding adverse impacts on the latter, taking
into full account legitimate economic growth and the eradication of
poverty,
10.10 Recognizing that all countries, especially developing
countries, need access to resources required to achieve sustainable
social and economic development and that, in order for developing
countries to progress towards that goal, their energy consumption
will need to grow taking into account the possibilities for achieving
greater energy efficiency and for controlling greenhouse gases in
general, including through the application of new technologies on
terms which make such an application economically and socially
beneficial.
Proposal 2
11. Recognizing the necessity of urgently limiting their
anthropogenic emissions of greenhouse gases and of protecting and
enhancing their greenhouse gas sinks and reservoirs in order to
mitigate the adverse effects of climate change,
11.1 Noting that the Second Assessment Report of the
Intergovernmental Panel on Climate Change (IPCC) approved at the
eleventh session of the IPCC on 15 December 1995, which is
recognized, at the present moment, as the most comprehensive and
authoritative assessment of the science of climate change, its
impacts and response options now available, states that stabilization
of atmospheric concentrations of carbon dioxide (CO2),
which is one of the major greenhouse gases, at 550 parts per million
by volume (ppmv) will eventually require global emissions to be less
than 50 per cent of current levels,
11.2 Taking note that many of the Parties included in Annex I to
the Convention need to make additional efforts to overcome
difficulties that they face in achieving the return of their
emissions of greenhouse gases to 1990 levels by 2000, and recognizing
the necessity for emission limitations and significant overall
reductions within specified time-frames with respect to their
anthropogenic emissions by sources and removals by sinks of
greenhouse gases not controlled by the Montreal Protocol on
Substances that Deplete the Ozone Layer, 1987, as adjusted and
amended (hereinafter referred to as the "Montreal
Protocol").
Proposal 3
12. Recognizing that policies and measures undertaken by developed
country Parties to limit or reduce their emissions of greenhouse
gases likely will have adverse economic and/or social impacts upon
many developing countries, including, but not limited to, countries
with economies that are highly dependent on income generated from the
production, processing and export of fossil fuels, and that such
impacts will have an adverse effect on the ability of such countries
to achieve the economic and social development and poverty
eradication that are the first and overriding priorities of
developing countries.
Proposal 4
13. Aware of the advantages of coordinating relevant measures and
strategies, including specific administrative and economic
instruments to achieve the objective of the Convention,
13.1 Acknowledging that in accordance with the principle of common
but differentiated responsibilities Parties to the Convention and
this Protocol should in future re-examine the impact of global
efforts to combat climate change and the adverse effects
thereof,
13.2 Noting that there are many uncertainties in predictions
of climate change, particularly with regard to the timing, magnitude
and regional patterns thereof,
13.3 Reaffirming that Parties should take precautionary
measures to anticipate, prevent, or minimize the causes of climate
change and mitigate its adverse effects and that, where there are
threats of serious or irreversible damage, lack of full scientific
certainty should not be used as a reason for postponing such
measures,
13.4 Recognizing further that low-lying and other small
island countries, countries with low-lying coastal, arid and
semi-arid areas or areas liable to floods, drought and
desertification, and developing countries with fragile mountain
ecosystems are particularly vulnerable to the adverse effects of
climate change.
Proposal 5
14. This Protocol regulates future actions and the implementation
of the commitments of the Parties to the UN Framework Convention on
Climate Change (hereinafter referred to as "the Convention")
facilitating achievement of its ultimate objective determined in
Article 2,
14.1 This Protocol contains indicators on the limitation and
reduction of greenhouse gas emissions which are genuinely feasible
for Parties and which are developed on the principles of the common
but differentiated responsibilities of States and ecologically
sustainable development,
14.2 This Protocol includes mechanisms provided by the Convention
without any change or replacement of the statements and principles of
the Convention. Where necessary, the Protocol also permits the use of
additional mechanisms, which do not contradict the Convention and
facilitate implementation of the objectives of the
Protocol,
14.3 This Protocol takes into account, to the maximum degree, the
real contribution of each Party to the implementation of its
commitments under the Convention on the limitation and reduction of
greenhouse gas emissions to the atmosphere and the enhancement of
their removal.
Proposal 6
15. Noting that the largest share of historical and current global
emissions of greenhouse gases has originated in developed countries,
and the per capita emissions in developing countries are still
relatively low and that the share of global emissions originating in
developing countries will grow to meet their social and development
needs,
15.1 Recognizing the special difficulties of those countries, especially developing countries, whose economies are particularly dependent on fossil fuel production, use and exportation, as a consequence of action taken on limiting greenhouse gas emissions,
15.2 Affirming that response to climate change should be
coordinated with social and economic development in an integrated
manner with a view to avoiding adverse impacts on the latter, taking
into full account legitimate economic growth and the eradication of
poverty,
15.3 Recognizing that all countries, especially developing
countries, need access to resources required to achieve sustainable
social and economic development and that, in order for developing
countries to progress towards that goal, their energy consumption
will need to grow taking into account the possibilities for achieving
greater energy efficiency and for controlling greenhouse gas
emissions in general, including through the application of new
technologies on terms which make such an application economically and
socially beneficial.
Proposal 7
16. Reaffirming the need for a comprehensive approach in
addressing climate change, to include all relevant greenhouse gases
in all economic sectors by sources and removals by sinks, mitigation
as well as adaptation to climate change,
16.1 Acknowledging the potential contribution of the elimination
of subsidies, and other economic incentives, including tax
incentives, to reduction of greenhouse gas emissions in Annex I
countries, [and therefore highest priority should be given to those
policies in implementing their commitments].
Proposal 8
17. Recognizing that the purpose of this Protocol is to facilitate the achievement of the ultimate objective indicated in Article 2 of the Convention, by the adoption of specific new commitments by the Parties included in Annex I, and also by the implementation of voluntary measures, which could be taken by all Parties, to set quantitative emission limitation and reduction objectives, and enhance greenhouse gas sinks and reservoirs within specified
time-frames beyond 2000.
Proposal 9
18. Recognizing the need to reduce global emissions of
greenhouse gases and taking into account historical emissions and the
specific responsibilities of the countries which have contributed to
a greater extent than others to the rise in concentrations of these
gases, and recognizing the specific, special and differentiated needs
of the Parties, for the purpose of securing a stabilization in the
concentrations of greenhouse gases in the atmosphere, in such a way
as to prevent anthropogenic interference with the climate system,
ecosystems, economic output and the development of future
generations,
18.1 Recognizing that economic development is a priority for
the developing countries, and that they have low per capita levels of
greenhouse gas emissions, we reaffirm that they are sovereign as
regards the reduction of their emissions of greenhouse
gases,
18.2 Recognizing that, against the above background, there is
a need to shoulder a common but differentiated responsibility, in
keeping with the capability of each Party, to generate the broadest
possible cooperation, among all the Parties, in working towards the
objectives of the Convention, and any other instrument stemming from
it,
18.3 Affirming that compliance with the principal obligations on the part of the
Annex I countries is of fundamental importance for the full
implementation of emission reduction measures, but within that
context, we recognize that the contribution of joint implementation
cannot be left aside, as a differentiated, voluntary and
complementary measure of joint responsibility, in order to contribute
to a greater extent to the global mitigation and reduction of
emissions of greenhouse gases, the transfer of technology for the
control, reduction and prevention of anthropogenic emissions, and
education, training and awareness-raising with regard to climate
change and technology transfer,
18.4 We affirm that, in parallel to the matters mentioned
above, it is of fundamental importance within the framework of the
discharge of the principal obligations and the pursuit of joint
implementation projects, to support the promotion of the sustainable
management of the conservation and development of sinks and
reservoirs of greenhouse gases, which are not regulated by the
Montreal Protocol, such as biomass, forests, ecosystems and oceans,
inasmuch as they benefit humankind by generating two environmental
services, that of sustaining biological diversity, and that of
trapping and substantially reducing anthropogenic emissions of
greenhouse gases,
18.5 Recognizing that, through compliance with their
principal obligations, together with the pursuit of joint
implementation projects, the Annex I countries can contribute to
funding the incremental costs involved in the application of sound
policies and measures falling under national programmes for
sustainable development in the developing countries, including the
enhancement of the global environmental benefits of ecosystems which
act as sinks and reservoirs of greenhouse gases, as against the
present development of lower-cost technologies, which increase global
emissions of greenhouse gases,
18.6 Recognizing the need to avoid the creation of
"greenhouse gas polluter havens", renewed emphasis is placed on the
need for the quantification, reporting, reduction and mitigation of
emissions of greenhouse gases, to be conducted at the national
level.
Proposal 10
19. Recalling the provisions of the
Convention,
19.1 Recalling further the provisions of the Berlin Mandate, adopted by the
Conference of the Parties at its first session held at Berlin from 28 March to 7 April 1995, which, in order to enable the Conference of the Parties to take appropriate action for the period beyond 2000, inter alia provides for the strengthening of the commitments of the Parties included in Annex I to the Convention in Article 4.2(a) and (b) and for the continuing advancement of the implementation by all Parties of the commitments in Article 4.1 of the Convention in order to achieve sustainable development, taking into account
Articles 4.3, 4.5 and 4.7.
19.2 Have agreed as follows:
Chapeaux
20. For the purpose of this Protocol:
21. For the purposes of this Protocol the following definitions
are used. These are additional to the definitions in Article 1 of the
Convention.
22. All terms used in this Protocol that are defined in Article 1
of the Convention shall have the meanings set forth in Article 1 of
the Convention.
23. The definitions contained in Article 1 of the Convention
shall apply.
Definitions
24. "Annex _ Parties" means Parties included in Annex _
[insert identification of the Annex or Annexes listing Parties
making commitments for quantified emission limitation and reduction
objectives (QELROs) and policies and measures].
25. "Annex I Parties" means Parties included in Annex I
[insert identification of the Annexes listing developed country
Parties making commitments for QELROs and policies and
measures].
26. "Annex I Parties" means the developed country Parties and
other developed Parties included in Annex I to the Convention, that
are also Parties to this Protocol.
27. "Annex III Parties" means developing country Parties whose
economies are highly dependent on the exploitation, production,
processing and exportation of fossil fuels.
28. "Anthropogenic emission" means the total emissions of
greenhouse gases into the atmosphere within the territory of a Party
caused by human activity during a concrete period.
29. "Anthropogenic sink" means the total removal of greenhouse
gases from the atmosphere within the territory of a Party caused by
human activity during a concrete period.
30. "Change in per capita economic welfare" means the change in
per capita gross national expenditure resulting from mitigation
action.
31. "Compensation mechanism" means the mechanism which shall be
established by this Protocol to compensate social and economic losses
arising from the implementation of the present instrument sustained
by Annex III Parties.
32. "Conference of the Parties" means the Conference of the
Parties to the Convention established [by] [pursuant to] Article 7 of
the Convention.
33. "Convention" means the United Nations Framework Convention on
Climate Change adopted on 9 May 1992, and unless the text otherwise
indicates, the terms defined in Article 1 of the Convention shall
have the same meaning in this Protocol.
34. "Convention" means the United Nations Framework Convention on Climate Change, [done at New York on 9 May 1992] [and adopted for signature in Rio de Janeiro on
4 June 1992].
35. "Depositary" means the Depositary designated in Article 19 of
the Convention.
36. "Domestic emission" means emissions of greenhouse gases
that take place within the territory of a country.
37. "Emission intensity of exports" means the ratio of emissions
generated domestically by the export sector with the total value of
exported goods and services, for the agreed reference
period.
38. "Emission intensity of GDP" means the ratio of emissions to
gross domestic product (GDP), for the agreed reference
period.
39. "Fossil-fuel intensity of exports" means the emissions content
of fossil fuel exports as a proportion of the value of total exports
of goods and services, for the agreed reference period.
40. "Global warming potential" means the numerical parameter used
for the calculation of the emission of one metric tonne of one or
more other greenhouse gas in such an amount of carbon dioxide which
causes the same greenhouse effect as one metric tonne of this
gas.
41. "Greenhouse gas" means any greenhouse gas for which a global
warming potential (GWP) is set forth in Annex C of this
Protocol.
42. "Greenhouse gas" means any gas with a greenhouse effect not controlled by the
Montreal Protocol for which a GWP is set forth in Annex C of this
Protocol.
43. "Greenhouse gas emission mitigation certificate" an
environmental mechanism and financial instrument by means of which
the Annex I Parties can demonstrate their contribution as financial
partners in the implementation of joint implementation projects,
making it possible to reduce global emissions that cause the
greenhouse effect, generating overall environmental benefits that
make themselves felt through the certification of metric tons of
carbon equivalent offset, which, taken together, represents the value
of the investment made in mitigation.
44. "Indicator" means _ . (to be drafted).
45. "Joint implementation" means a voluntary action between
Annex I Parties and non-Annex I Parties to the United Nations
Framework Convention on Climate Change by means of which the
corresponding measures to mitigate climate change through the
limitation and reduction of anthropogenic emissions of greenhouse
gases and the protection and enhancement of sinks and reservoirs of
greenhouse gases can be carried out jointly in the territory of
non-Annex I Parties in order to make an overall contribution to the
attainment of the objectives of the Convention.
46. "Meeting of the Parties" means the Conference of the Parties
established pursuant to Article 8 (see paragraphs 197-197.4)
of this Protocol.
47. "Montreal Protocol" means the 1987 Montreal Protocol on
Substances that Deplete the Ozone Layer, as subsequently adjusted and
amended.
48. "National emission" means emissions of greenhouse gases
attributable to an activity performed by a citizen or a company of a
country.
49. "Net anthropogenic emissions of greenhouse gases" means the
difference between anthropogenic emissions and anthropogenic sinks
during the concrete period.
50. "Net anthropogenic emissions" of greenhouse gases is the
calculated difference between emissions by sources and removals by
sinks.
51. "Objective" means the ultimate objective stated in Article 2
of the Convention.
52. "Parties" means the Parties to the present
Protocol.
53. "Parties" means those States or regional economic integration
organizations (as defined in Article 1, paragraph 6 of the
Convention) as to which this Protocol has entered into force in
accordance with its terms.
54. "Parties to the Convention" means Parties for whom the
Convention has legally entered into force in accordance with the
provisions of the Convention.
55. "Parties to the Convention" means those States or regional
economic integration organizations as to which the Convention has
entered into force in accordance with its terms, whether or not they
are Parties to this Protocol.
56. "Party" means, [unless otherwise stipulated,] a Party to this
Protocol.
57. "Pre-industrial level" in relation to global average
temperatures means the 1860 to 1880 average global mean surface
temperature.
58. "Principles" means, unless the context otherwise requires, the
principles stated in Article 3 of the Convention.
59. "Projected population growth" means the projected percentage
change in population level for the period for which a QELRO applies
relative to the agreed reference period.
60. "Projected real GDP per capita growth" means the projected
percentage change in real per capita GDP level for the period for
which a QELRO applies relative to the agreed reference
period.
61. "Protocol" means this [insert full name of Protocol,
(followed by date and place of adoption and date and place it is
opened for signature].
62. "Quota of net anthropogenic emissions of greenhouse gases" means the total sum of annual net anthropogenic emissions of greenhouse gases (calculated in terms of carbon equivalent) permitted by this Protocol for a Party for this period of commitments.
63. "Secretariat" means the permanent secretariat designated by the
Conference of the Parties in accordance with Article 8, paragraph
3 of the Convention.
64. "The secretariat" means the secretariat [established under
Article 8] of the Convention.
65. "Tonne of carbon equivalent" means one metric tonne of carbon,
or a quantity of one or more other greenhouse gases equivalent to one
metric tonne based on the GWPs set forth in Annex C of this
Protocol.
66. "Tonne of carbon equivalent" means the amount of carbon
dioxide (or other greenhouse gas calculated by GWP) in terms of
tonnes of carbon (44/12 of one tonne of carbon dioxide is equal to
one tonne of carbon).
67. "Voluntary goal" means _ (to be
drafted).
68. Other definitions to be developed or cross-referenced to the Convention as necessary.
69. Unless the context of a provision otherwise indicates, the
plural form of the terms defined in paragraphs 3, 4 and 6 (see
paragraphs 53, 55 and 24) shall include the
singular.
Proposal 1
70. As a further step towards achievement of the objective of the
Convention, the Parties listed in Annex
A(2) accept the need to take
appropriate action for the period beyond 2000, including the
strengthening of commitments, with a view to achieving a collective
emission limitation and reduction objective of _ .
Proposal 2
71. The objective of this Protocol and any related legal instruments is the same as
Article 2 of the Convention and paragraph 2 of the Berlin
Mandate.
Proposal 3
72. The objective of this Protocol is to contribute to achieving
the ultimate objective provided for in Article 2 of the Convention,
by incurring, to the maximum extent possible, new obligations as
fairly and effectively as possible on the Parties included in Annex I
to the Convention, and also by voluntary measures to be taken by all
Parties including the Parties not included in Annex I to the
Convention, in due consideration of Decision 1 of the first session
of the Conference of the Parties to the Convention on 7 April 1995,
and with due regard to the varied circumstances faced by the Parties,
and of policies and measures so far implemented by them for the
purpose of limiting their anthropogenic emissions of greenhouse gases
and protecting and enhancing their greenhouse gas sinks and
reservoirs.
Proposal 4
73. The objective of this Protocol is, in accordance with the
statements of the Convention and this Protocol, to undertake in the
period after 2000 future steps to achieve the ultimate objective of
the Convention, as fixed in its Article 2.
Proposal 5
74. This protocol/another legal instrument shall contribute
to achieving the ultimate objective of the Convention as defined by
its Article 2, and to strengthening the commitments under Article
4.2(a) and (b), in accordance with Article 4.2(d) of the
Convention.
Proposal 6
75. The Parties to this Protocol shall be guided by the
objective referred to in Article 2 of the Convention.
75.1 In this respect, Parties shall be guided, inter
alia, by the assessments from the IPCC. In taking note of the
serious risk of an increase of the global average temperature and
particularly the very high rate of change, Parties believe that
global average temperatures should not exceed 2 degrees Celsius above
pre-industrial level and that, therefore, concentration levels lower
than 550 ppmv CO2 should guide global limitation and
reduction efforts. This means that the concentrations of all
greenhouse gases should also be stabilized.
Proposal 7
76. The guiding objective of this Protocol shall be to ensure
that global mean sea level rise resulting from climate change does
not exceed 20 centimetres above 1990 levels and that the global
average temperature does not exceed 2 degrees Celsius above the
pre-industrial level.
Proposal 1
77. The largest share of historical and current global emissions
of greenhouse gases has originated in developed countries, and the
per capita emissions in developing countries are still relatively low
and the share of global emissions originating in developing countries
will grow to meet their social and development needs.
77.1 The special difficulties of those countries, especially developing countries, whose economies are particularly dependent on fossil fuel production, use and exportation, as a consequence of action taken on limiting greenhouse gases should be taken fully into account.
77.2 Response to climate change should be coordinated with social
and economic development in an integrated manner with a view to
avoiding adverse impacts on the latter, taking into full account the
legitimate economic growth and the eradication of
poverty.
77.3 The developed country Parties should take the lead in
combating climate change and the adverse effects
thereof.
77.4 The specific needs and special circumstances of developing
country Parties, especially those that are particularly vulnerable to
the adverse effects of climate change and of those Parties that would
have to bear a disproportionate or abnormal burden under the
Protocol, should be given full consideration.
77.5 The Parties should cooperate to promote a supportive and open
international economic system that would lead to sustainable economic
growth and development in all Parties, particularly developing
country Parties, thus enabling them better to address the problems of
climate change. Measures taken to combat climate change, including
unilateral ones, should not constitute a means of arbitrary or
unjustifiable discrimination or a disguised restriction on
international trade.
77.6 Nothing in this instrument shall be interpreted in any manner
that would prejudice the obligations and commitments of Annex I
Parties under the Convention.
77.7 In the implementation of the commitments in this instrument,
the Parties shall give full consideration to what actions are
necessary under the instrument, including actions related to funding,
insurance and the transfer of technology, to meet the specific needs
and concerns of developing country Parties arising from the adverse
effects of climate change and/or the impacts of the implementation of
response measures, especially on:
a) Small island countries;
b) Countries with low-lying coastal areas;
c) Countries with arid and semi-arid areas, forested areas and
areas liable to forest decay;
d) Countries with areas prone to natural disasters;
e) Countries with areas liable to drought and
desertification;
f) Countries with areas of high urban atmospheric
pollution;
g) Countries with areas with fragile ecosystems, including
mountainous ecosystems;
h) Countries whose economies are highly dependent on income
generated from the production, processing and export of oil;
and
i) Land-locked and transit countries.
77.8 The Parties shall take into consideration in the
implementation of the commitments of the instrument the situation of
Parties, particularly developing country Parties, with economies that
are vulnerable to the adverse effects of the implementation of
measures to respond to climate change. This applies notably to
Parties with economies that are highly dependent on the production,
processing and export of oil for which such Parties have serious
difficulties in switching to alternatives.
77.9 Nothing in this instrument shall be interpreted as introducing any new commitment for non-Annex I Parties to the Convention.
Proposal 2
78. In their efforts to implement policies and measures to achieve
the objective of the Convention, the Parties affirm the need to be
guided by the following principles:
(a) The need to take precautionary measures to anticipate, prevent
or minimize the causes of climate change and mitigate its adverse
effects on the basis of equity and in accordance with their common
but differentiated responsibilities and respective
capabilities;
(b) Ensure global benefits at the lowest possible cost through
cost-effective measures that take into account different
socio-economic contexts, are comprehensive, cover all relevant
sources, sinks and reservoirs of greenhouse gases, comprise all
economic sectors, and may be carried out cooperatively by interested
Parties;
(c) Equitable and appropriate contributions from each of the
Parties undertaking quantified emission limitations and reduction
objectives, reflecting their differences in starting points and
approaches, their economic structures and resource bases, available
technologies and other national circumstances; and
(d) The need to promote a supportive and open international
economic system that would lead to sustainable economic growth and
development in all Parties.
78.1 Quantified emission limitation and reduction objectives under
this Protocol shall be based on principles that constitute a basis on
which further strengthening of such objectives can be facilitated as
evolving scientific findings require.
Proposal 3
79. In their activities, the Parties to the Protocol are guided by
the principles fixed in Article 3 of the Convention. The Protocol
should not change or replace statements of the Convention, including
its principles.
Proposal 4
80. All the principles of the Convention, as contained in its
Article 3, shall apply to this protocol/another legal
instrument.
Proposal 5
81. In their actions to achieve the objective of the Protocol
and to implement its provisions, the Parties shall be guided by the
principles enumerated in Article 3 of the
Convention.
Proposal 6
82. Parties shall take precautionary measures to anticipate,
prevent or minimize the causes of climate change and mitigate its
adverse effects. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a
reason for postponing such measures.
82.1 Parties shall take fully into account the specific needs
and special circumstances of developing country Parties, especially
those that are particularly vulnerable to the adverse effects of
climate change, and of those Parties, especially developing country
Parties, that would have to bear a disproportionate or abnormal
burden under the Convention.
82.2 Parties shall take fully into account the specific needs
and special circumstances of low-lying and other small island
countries, countries with low-lying coastal, arid and semi-arid areas
or areas liable to floods, drought and desertification, and
developing countries with fragile mountain ecosystems that are
particularly vulnerable to the adverse effects of climate
change.
Additional comment
83. Parties should negotiate targets that are
credible, realistic and can be implemented in a cost-effective way.
Parties should have maximum flexibility in implementing their
obligations and to this end should have the right to avail themselves
of opportunities for reductions that may arise from different
mechanisms regarding timing, for example, budgets and multi-year
targets and baselines, and location, for example credited joint
implementation and emissions trading.
Proposal 1
84. The Parties listed in Annex I to the Convention shall adopt
coordinated policies and measures to assist implementation of their
commitments, to combat climate change and the adverse effects
thereof. The adoption of such policies and measures shall be based on
the
advice provided by the coordination mechanism established pursuant to Article 4
(see paragraphs 204-204.3).
Proposal 2
85. Each Party listed in Annex A(3)
shall prepare a National Action Plan (NAP) to facilitate
implementation of its commitments under Article 4 (see paragraphs
111.1-111.2), which shall include national policies and measures
for the mitigation of climate change, aimed at limiting anthropogenic
emissions of greenhouse gases and protecting and enhancing greenhouse
gas sinks and reservoirs. Each NAP shall contain a detailed
description of those policies and measures and a specific estimate of
the effects that they will have on anthropogenic emissions by sources
and removal by sinks of greenhouse gases, together with performance
indicators by which each Party could demonstrate its performance in
implementing those policies and measures.
Proposal 3
86. Parties listed in Annex I to the Convention [OR Annex X of
this agreement] shall adopt and implement policies and take
corresponding measures within national, and, where appropriate,
regional programmes, established in accordance with paragraphs 4.1(b)
and 4.2(a) of the Convention in order to mitigate climate change by
limiting greenhouse gases emissions and protecting and enhancing
their greenhouse gas sinks and reservoirs.
86.1 Parties listed in Annex X shall agree to adopt, and
define adequate mechanisms to report on, the coordinated or common
policies and measures listed in this agreement on the understanding
that Parties will continue to retain maximum flexibility in deciding
how best, based on their national circumstances, they can reach
emission limitation/reduction objectives.
86.2 Hence, for this agreement, policies and measures agreed
to will focus on information sharing, common underlying messages and
voluntary activities. Over time, the agreement should be sufficiently
flexible to allow for amendments/additions in an expeditious manner
by the Parties to this agreement. In order to implement policies and
measures listed in this agreement, Parties shall use existing
mechanisms, to the extent possible, without duplicating work in other
bodies.
Proposal 4
87. Parties listed in Annex X(4)
shall adopt and implement policies and take measures within national
and, where appropriate, regional programmes referred to in paragraph
4.1(b) of the Convention to limit and reduce anthropogenic emissions
of greenhouse gases not controlled by the Montreal Protocol from all
relevant sectors, including renewable energies; energy efficiency
standards, labelling and other product-related measures;
CO2 emissions from the transportation sector; economic
instruments in the field of climate change; energy policies;
industrial sector emissions, including voluntary agreements;
agriculture; emissions from waste; fluorocarbons and sulphur
hexafluoride (SF6); municipal actions; and to protect and
enhance sinks and reservoirs, including forests.
87.1 Parties listed in Annex X shall adopt and implement the
policies and measures set out in [List] A.
87.2 Parties listed in Annex X shall give high priority to the
adoption and implementation of the policies and measures set out in
[List] B, and shall work towards their early coordination, by
applying the guidance set out in the [List].
87.3 Parties listed in Annex X shall give the policies and
measures in [List] C priority for inclusion in national programmes,
as appropriate to national circumstances.
Proposal 5
88. In order to reduce the emissions of greenhouse gases, there
are a number of alternatives, inter alia:
(a) Energy prices shall be allowed to reach a reasonable
level;
(b) Removal of subsidies on coal as the most polluting source of
energy;
(c) Promotion and development of renewable sources of energy,
including solar, nuclear and biomass, and ensuring that all countries
have access to related material, equipment and technology through
removal of all restrictions;
(d) Enhancement of sinks through reforestation and combating
desertification, and establishing regulations for sustainable forest
woods use; and
(e) Exchange of climate change technology know-how among different
countries.
Proposal 6
89. Each Party included in Annex I to the Convention, in order to achieve the quantified objective referred to in Article 3, paragraph 1 (see paragraph 114) and to implement
Article 3, paragraph 2 (see paragraph 114.1) , shall
adopt appropriate policies and take corresponding measures in each of
the following areas:
(a) Efficient use of energy;
(b) Introduction of carbon free or low-carbon energy;
(c) Innovative technological development;
(d) International technical cooperation and transfer of
technologies; and
(e) Protection and enhancement of sinks and reservoirs of
greenhouse gases not controlled by the Montreal
Protocol.
89.1 The policies and measures in each area referred to in
paragraph 89 above shall be included in a list to this
Protocol.
89.2 The Meeting of the Parties shall, at its first session,
decide on indicators regarding the policies and measures referred to
in paragraph 89 above, in order to achieve the quantified objective
referred to in Article 3, paragraph 1 and to implement Article 3,
paragraph 2. Each Party included in Annex I to the Convention shall
establish voluntary goals measured in these indicators.
89.3 Each Party included in Annex I to the Convention shall make its national plan of the limitations and reductions of anthropogenic emissions by sources and the increments of removals by sinks of greenhouse gases not controlled by the Montreal Protocol, in order to achieve the quantified objective referred to in Article 3, paragraph 1 and to implement
Article 3, paragraph 2.
Proposal 7
90. Each Annex [*] Party(5)
shall have the discretion to select those policies and measures that
are best suited to its national circumstances for meeting its
emission limitation commitments.
90.1 Notwithstanding paragraph 90, all Parties shall
progressively phase out fossil fuel subsidies.
90.2 Notwithstanding paragraph 90, all Parties are urged to
cooperate through the International Civil Aviation Organization
(ICAO) in the development of policies and measures to address
greenhouse gas emissions from international aviation bunker
fuels.
90.3 Notwithstanding paragraph 90, all Parties are urged to
cooperate through the International Maritime Organization (IMO) in
the development of policies and measures to address greenhouse gas
emissions from international marine bunker fuels.
Proposal 8
91. The QELROs for each developed country Party listed in Annex I
to the Convention, as set out in Annex
A(6) of this Protocol, can be met by
policies and measures that:
(a) Limit or reduce anthropogenic emission levels of greenhouse
gases not controlled by the Montreal Protocol;
(b) Remove greenhouse gases by sinks and reservoirs;
and
(c) Are implemented in accordance with the provisions of Article 8
(Cooperative efforts by interested Parties) (see
paragraph 150) and have demonstrated effects as described in (a)
and (b) to this paragraph.
91.1 To enhance the level of climate change abatement cooperation, these Parties shall cooperate to establish internationally coordinated cross-sectoral, cost-effective policy instruments, and abolish subsidies that run counter to the objectives of the Convention.
Proposal 9
92. A detailed list of possible policies and measures to be implemented by
Annex A and Annex B Parties(7) is
contained in Annex D of the Protocol.
92.1 Each Annex A and Annex B Party determines its policy
directions and measures from this list, in accordance with Annex C,
and these are then declared in its national communications. Under
this procedure, such policies and measures become mandatory for the
Parties.
92.2 On the basis of policies and measures determined by Annex A
and Annex B Parties in their national communications, any group of
Parties to the Protocol can agree to elaborate common directions of
policies and measures which then become obligatory for this group of
Parties. (Note: Annex C (list of GWPs for
greenhouse gases not controlled by the Montreal Protocol) and Annex D
(list of possible policies and measures)
are to be added).
Proposal 10
93. Each of the Parties included in Annex I to the Convention
shall:
(a) Adopt national policies and measures necessary to limit
and reduce emissions by sources and to protect and enhance its
greenhouse gas sinks and reservoirs to modify longer term trends in
anthropogenic emissions consistent with the objective of the
Convention, and identify environmental and economic impacts and
results that could be achieved with regard to time horizons such as
2005, 2010 and 2020; and
(b) Ensure that these policies and measures applied by each
of these Parties will have no adverse impacts on socio-economic
conditions of developing country Parties, especially those listed in
Article 4.8 of the Convention.
93.1 These policies and measures, applied by each of these
Parties included in Annex I to the Convention,
shall:
(a) Address all greenhouse gases, their emissions by sources
and removals by sinks, and all relevant sectors;
(b) Contribute to the stabilization of greenhouse gas
concentrations in the atmosphere as elaborated in Article 2 of the
Convention; and
(c) Include, and maintain a balance between, those policies
and measures aimed at reducing emissions of greenhouse gases in
emitting sectors and those aimed at reducing consumption of their
products.
93.2 Each Party included in Annex I to the Convention shall
take fully into account the provisions contained in Article 4.8 in
the implementation of their policies and measures, which shall be in
accordance with Article 3.5 of the Convention.
Proposal 11
94. In accordance with the provisions of Articles 3 and 4 of
the Convention, each Party listed in Annex I must adopt real policies
and quantified objectives for the reduction and mitigation of its
emissions of greenhouse gases. To this end, it must draw up a
National Plan for limiting and reducing anthropogenic emissions by
sources and enhancing removal by sinks and reservoirs of greenhouse
gases. Included in this plan will be the possibility of carrying out
joint implementation projects. The national plans to be drawn up must
be forwarded to, and registered with, the Conference of the Parties,
and are binding on the submitting Party.
94.1 The Parties to the Convention which have greenhouse gas
emission reduction commitments must quantify, report, reduce and
mitigate their national emissions of greenhouse
gases.
Proposal 12
95. Parties listed in Annex
XX(8) shall adopt and implement the
policies and measures set out in List AA.
95.1 Parties listed in Annex XX shall give high priority to
the adoption and implementation of the policies and measures set out
in List BB and shall work towards their early
coordination.
Additional elements of proposals with respect to
policies and measures
96. Each Party has a right to apply policies and measures
compatible with its national development programmes so long as they
are not harmful to the development of developing countries,
particularly fossil fuel exporting developing countries, and are cost
effective.
97. Commitments shall be fulfilled individually and not through coordinated actions.
[CO2 and energy taxation in particular shall be ruled
out.]
98. Parties not listed in Annex I to the Convention [may][are encouraged to], on a voluntary basis, undertake the policies and measures noted in subparagraphs [ _ ] - [ _ ]
(including lists of policies and measures).
99. Annex I Parties shall maintain balance between those policies
and measures intended to reduce domestic production and those
intended to reduce the consumption of products of greenhouse gas
emitting sectors.
100. Policies and measures to address climate change under this instrument shall not be harmful to the development of the developing country Parties, particularly oil exporting developing countries. To this effect, restructuring of current taxes on fossil fuels in
Annex I countries are necessary. A balance shall be maintained
between policies and measures aimed at reducing emissions of
greenhouse gases in emitting sectors and those aimed at reducing
consumption of their products. The introduction of new or increased
oil taxation shall be ruled out. Instead, energy prices shall be
allowed to reach their reasonable market level. Commitments shall be
fulfilled individually and not through coordinated
actions.
101. Each Annex I Party shall give the first priority to policies
and measures intended to eliminate subsidies, tax incentives and
other market imperfections existing in greenhouse gas emitting
sectors;
101.1 New greenhouse gas taxes cannot be introduced by Annex I
Parties until they restructure their existing tax system to truly
reflect the relative contribution of greenhouse gases of each unit of
emitting sources in all economic sectors.
102. Policies and measures shall include the enhancement of sinks
through reforestation, combatting desertification and establishing
regulations for sustainable forest use.
Legal character
103. All but one proposal reflected the view that the QELROs
should be legally-binding.
Coverage
104. The alternatives which follow encompass the following
options:
(a) QELROs should apply to greenhouse gases not controlled by the
Montreal Protocol:
(i) As a basket;
(ii) As a limited basket (for example, all gases except those
for which there is insufficient knowledge of GWP or inability to
measure emissions and removals; or for CO2, methane
(CH4) and nitrous oxide (N2O) initially with
hydrofluorocarbon (HFC), perfluorocarbon (PFC) and SF6 to
be added no later than 2000); or
(iii) On a gas-by-gas basis.
(b) QELROs should apply to CO2 alone
initially.
105. The alternatives also reflect a range of views on the
inclusion of removals by sinks. Some Parties prefer that sinks and
sources be treated equally, while other Parties have proposed
alternative approaches for taking sinks into account. The coverage of
all relevant sectors is also addressed.
106. A number of Parties addressed methodological issues
relating to the basket approach including inventories, issues of
equivalence between gases and GWPs.
107. These matters will need to be taken up in the context of
the further consideration of the negotiating text.
Proposal 1
108. Parties shall cooperate in the establishment of a long-term
goal with respect to atmospheric concentrations of greenhouse
gases.
Proposal 2
109. QELROs shall be adopted and reviewed in the light of the
best available scientific information and assessment on climate
change and its impacts, as well as relevant technical, social and
economic information, to ensure that greenhouse gas concentrations in
the atmosphere do not cause global mean sea level rise to exceed 20
centimetres above 1990 levels and that the global average temperature
does not exceed 2 degrees Celsius above the pre-industrial
level.
Proposal 1
110. Each of the Annex I Parties shall:
(a) Reduce its 1990 level of anthropogenic emissions of CO2 by at least
20 per cent by 2005; and
(b) Adopt specific targets and timetables to limit or reduce other
greenhouse gases not controlled by the Montreal Protocol, including
targets and timetables for methane, nitrous oxide and fluorocarbons,
in accordance with a programme of additional commitments to be
negotiated and adopted by the first Meeting of the
Parties.
Proposal 2
111. In their actions to achieve the objective of the instrument
and to implement its provisions, the Parties shall give effect,
inter alia, to the following:
(a) The Parties affirm that to ensure equity between them and to
maximize the environmental effectiveness of this instrument,
commitments under Part II (commitments of specified Parties)
of this instrument are governed by the principle that mitigation
action by Parties listed in Annex A(9)
shall result in those Parties incurring equal percentage changes in
per capita economic welfare;
(b) The Parties affirm that commitments under Part II of this
instrument reflect:
(i) The need for equitable and appropriate contributions for each
of the Parties undertaking commitments, their differences in starting
points and approaches, their economic structures and resource bases,
the need to maintain strong and sustainable economic growth,
available technologies and other individual circumstances;
and
(ii) The situation of those Annex A Parties with economies that are highly dependent on income generated from the production, processing and export and/or consumption of fossil fuels and associated
energy-intensive products and/or the use of fossil fuels for which
such Parties have serious difficulties in switching to
alternatives.
(c) The Parties affirm that the requirements of the principles set out in
subparagraphs (a) and (b) above are best met through the
application of the following indicators, as elaborated in Article
4(c) (see paragraph 111.2):
(i) Projected population growth;
(ii) GDP per capita growth;
(iii) Emission intensity of GDP;
(iv) Emission intensity of exports; and
(v) Fossil fuel intensity of
exports(10).
111.1 Each of the Parties listed in Annex A shall aim to
achieve the QELRO listed for it in that Annex for the limitation and
reduction of anthropogenic emissions by sources and sinks of all
greenhouse gases not controlled by the Montreal Protocol. The range
within which each Party's differentiated QELRO would fall will be
between a 30 per cent reduction by 2010
from its 1990 level of such emissions and a 40 per
cent increase by 2010 over its 1990
level of such
emissions.(11)
(bis) Process for setting of QELROs and review of QELROs under Article 7(a)
(see paragraph 175) for each
of the Parties or groups of Parties listed in Annex A:
(a) By a specified date (one month before the date stipulated
in subparagraph (b) below), Parties shall specify a collective Annex
A QELRO or an indicative range for a collective Annex A QELRO to
guide the submission of QELRO proposals by each of the Annex A and
prospective Annex A Parties. This collective QELRO shall fully
reflect the most recent information regarding the scientific
understanding, technological developments, economic and other
socio-economic factors relating to global climate change, in
accordance with the requirements of Article 3 (see
paragraph 111);
(b) Each Annex I Party and any other Party electing to be listed in Annex A should submit a conditional initial QELRO proposal by a stipulated date in which it specifies the QELRO which it is willing to assume through applying the requirements of Article 3 to its particular circumstances and any other relevant individual circumstances. Such proposals should contain sufficient information to enable other Parties to meet the requirements of subparagraph (d) below. Parties should explain in their proposals, utilizing internationally accepted data, the factors affecting their anthropogenic emissions by sources and sinks of all greenhouse gases not controlled by the Montreal Protocol, the requirements of Article 3 with reference to the indicators elaborated in Article 4(c) and any other relevant individual circumstances, and should explain in specific detail how the application of these indicators individually or in combination has guided that Party in the determination of its particular QELRO. In the case of proposals involving regional economic integration organizations, such organizations or their members should indicate which provisions of Article 8
(see paragraph 111.3) they
will be seeking to avail themselves of in implementing their QELRO
commitments;
(c) All QELRO proposals shall be circulated to all Parties in
the negotiations in order to provide transparency;
(d) Negotiations will take place among Parties which have
submitted initial QELRO proposals. These negotiations will take place
in the two month period following the date stipulated in subparagraph
(b) above and shall be conducted on the basis of the submitted
proposals and other relevant information. Such Parties should assess
the QELROs proposed to satisfy themselves that
they:
(i) Reflect a reasonable application of the indicators in
Article 4(c); and
(ii) Meet the requirement of comparable levels of effort by each of the Annex A and prospective Annex A Parties in contributing further to achieving the objective of the Convention, in accordance with
Article 3(a) and (b) (see paragraphs 111(a)
and (b)).
(e) In order to facilitate the negotiations under subparagraph (d) above, any
Annex A or prospective Annex A Party may request specific
information from any other Party who has submitted a QELRO proposal,
including estimation of the effects of existing policies and measures
and proposed new measures on emission projections. Parties shall
respond to such requests in an expeditious manner;
(f) The initial QELRO proposals will be the subject of a
review and assessment process by all Parties, taking place in the two
month period following the date stipulated in subparagraph (b) above,
to determine:
(i) Whether there should be any adjustment to the specified
collective Annex A QELRO under subparagraph (a) above;
and
(ii) Whether Parties should be invited to submit revised
QELRO proposals to ensure equitable and appropriate contributions in
meeting the collective QELRO, or to further enhance the collective
QELRO. Any such revised QELRO proposals would be the subject of
further negotiations in accordance with subparagraph (d) above and
should conclude within the three month period following the date
stipulated in subparagraph (b) above.
(g) After negotiations on QELRO proposals are concluded, each
Annex A and prospective Annex A Party shall communicate its resultant
negotiated QELRO to the secretariat for inscription into Annex A. The
resultant collective Annex A QELRO should be inscribed in Article 2
(see paragraph 70).
111.2 The commitments of Parties as listed in Annex A shall,
consistent with the principles set out in Article 3 of the
Convention, reflect fully the situation of each Party or specified
group of Parties in respect of the following indicators, recognizing
that the importance of each indicator varies in accordance with
individual circumstances for each Party or specified group of
Parties:
(a) Projected population growth - the permitted emission level
under the QELRO applicable to each Annex A Party should be
determined, all other things equal, in direct relationship to its
projected population growth and so as to ensure equal percentage
changes in per capita economic welfare across Annex A Parties from
mitigation action;
(b) Projected real GDP per capita growth - the permitted emission
level under the QELRO applicable to each Annex A Party should be
determined, all other things equal, in direct relationship to its
projected growth of real GDP per capita and so as to ensure equal
percentage changes in per capita economic welfare across Annex A
Parties from mitigation action;
(c) Emission intensity of GDP - the permitted emission level under the QELRO applicable to each Annex A Party should be determined, all other things equal, in inverse relationship to its emission intensity of GDP. However, the strength of this relationship may be decreased, and in some circumstances reversed, according to the industry structure of the economy and the difficulty the Party has in switching to alternative fuel sources. In addition, the determination of the permitted emission level under the QELRO applicable to each
Annex A Party should also recognize that the higher a Party's
emission intensity of GDP, all other things equal, the greater the
absolute magnitude of the emission reduction task and, therefore, the
greater the change in per capita economic welfare from mitigation.
The determination should ensure equal percentage changes in per
capita economic welfare across Annex A Parties from mitigation
action;
(d) Emission intensity of exports - the permitted emission level under the QELRO applicable to each Annex A Party should be determined, all other things equal, in direct relationship to its emission intensity of exports while taking into account the extent to which the Annex A Party's export partners comprise non-Annex A Parties. The determination should ensure equal percentage changes in per capita economic welfare across
Annex A Parties from mitigation action; and
(e) Fossil fuel intensity of exports - the permitted emission
level under the QELRO applicable to each Annex A Party should be
determined, all other things equal, in direct relationship to its
fossil fuel intensity of exports and so as to ensure equal percentage
changes in per capita economic welfare across Annex A Parties from
mitigation action.
111.3 Regional Economic Integration
Organizations
(a) States which are members of a regional economic
integration organization may cooperate in the implementation of their
commitments under this instrument. Such organizations may assist
their members in implementing their commitments by taking appropriate
action within their field of competence. Such action may include the
adoption of policies and the taking of measures on an
organization-wide basis;
Organization a Party and no member States are
Parties
(b) Any regional economic integration organization may become
a Party to this instrument without any of its member States becoming
a Party only if it certifies in its instrument of ratification,
acceptance, approval or accession that under its internal
constitutional arrangements the organization itself has sufficient
competence to ensure full compliance with all obligations of that
organization under the instrument, including those in respect of
achievement of its QELRO and implementation of policies and measures.
In such cases, the regional economic integration organization shall
be bound by all the obligations under the instrument on behalf of all
of its members. A single QELRO shall be inscribed for the
organization in Annex A. To ensure a level of transparency equivalent
to that required of other countries to which this instrument applies,
the individual QELRO applicable to each member State under any
internal arrangement shall also be listed immediately below the
inscription for the organization;
Both organization and one or more member States are
Parties
(c) In the case of such organizations, one or more of whose
members is also a Party to the instrument, the following provisions
shall apply:
(i) In respect of QELRO commitments under this instrument, if
a regional economic integration organization certifies in its
instrument of ratification, acceptance, approval or accession that
under its internal constitutional arrangements the organization
itself has sufficient competence to ensure full compliance with the
QELRO commitment listed for it in Annex A, the organization may elect
to be solely responsible for meeting that commitment. In such
circumstances, a single QELRO shall be inscribed for the organization
in Annex A. To ensure a level of transparency equivalent to that
required of other Parties, the individual QELRO applicable to each
member State under any internal arrangement shall also be inscribed
in Annex A, but such member States shall not individually be
responsible under this instrument for performance of such
QELROs;
(ii) In the absence of the certification of competence
required in subparagraph (i) above, the QELROs applicable to each
member State shall be inscribed in Annex A. Each member State shall
individually be responsible for performance of that QELRO to the same
extent that other Parties listed in that Annex are for the QELROs
listed for them;
(iii) The Party or Parties responsible under subparagraphs
(i) and (ii) above for performance of QELRO commitments shall also be
responsible for obligations under this instrument to report on
performance of those commitments; and
(iv) In respect of commitments under this instrument other than QELRO commitments and the reporting obligations referred to in
subparagraph (iii) above, an organization and its member
States shall decide on their respective responsibilities for the
performance of such obligations and shall notify the Depositary of
that apportionment of responsibility in their respective instruments
of ratification, acceptance, approval or accession. In such cases,
the organization shall be bound to perform that part of the
obligations it notifies that it will undertake and the member States
shall each be bound to perform all other obligations. In the absence
of such notification, the member States shall individually be
responsible for performance of all such obligations.
(d) Without limiting the scope of any of the foregoing
provisions, the ratification, acceptance, approval or accession of
regional economic integration organization shall not be effective
unless and until the following two conditions are met:
(i) The organization has declared in detail in its instrument
of ratification, acceptance, approval or accession the precise nature
and extent of its competence with respect to matters governed by the
instrument, with reference to particular treaty provisions, laws,
measures, procedures, decisions, administrative actions, directives,
regulations, recommendations, opinions or any other materials; and
(ii) The Meeting of the Parties has determined that a
declaration so made satisfies the requirements of this Article.
At its first session, after the lodgment of such an
instrument of ratification, acceptance, approval or accession, the
Meeting of the Parties shall review it for that purpose and may
request further information and/or make appropriate recommendations
to such organizations. These organizations shall also inform the
Depositary, who shall, in turn, inform the Parties, of any
substantial modification in the extent of their competence.
Alteration in composition of regional economic
integration organizations
(e) Except as provided in subparagraph (f) (ii) and (iv)
below, the rights and obligations of a regional economic integration
organization under the instrument shall apply only in respect of its
membership as of the date of the adoption of this
instrument;
(f) In the event of any alteration to the composition of a
regional economic integration organization by way of enlargement,
withdrawal, union of States or partition of States the following
provisions shall apply:
(i) The organization shall notify the secretariat and the
Depositary of the alteration in the composition of the organization;
(ii) At the next scheduled review of commitments of Parties under
Article 7 (see paragraphs
175-175.4) the Meeting of the Parties may decide
whether and on what terms the alteration in composition of the
organization shall, by way of exception to subparagraph (e) above, be
recognized for the purposes of this instrument. If a country
undergoing the process of transition to a market economy joins such
an organization and the Meeting of the Parties decides that it should
be regarded as a member of the organization for the purposes of this
instrument, any provisions of this instrument applying specifically
to countries undergoing the process of transition to a market economy
shall no longer apply to that country, as of the date of the decision
of the Meeting of the Parties;
(iii) At the review of commitments referred to
in subparagraph (ii) above, the
Parties shall, to ensure that commitments of all Annex A Parties
continue to be shared as equitably as possible, take into account, in
addition to the factors listed in Article 7(c) (see
paragraph 175.2), the implications of the alteration
in composition of the organization for the level and distribution of
commitments of all Annex A parties; and
(iv) If a member State of a regional economic integration organization which is a Party to the instrument withdraws from that organization it shall be treated as no longer being a member of the organization for the purposes of this instrument as of the date of notification of withdrawal under subparagraph (i) above unless otherwise decided by the
Meeting of the Parties as part of the review referred to in
subparagraphs (ii) and (iii) above. In the event that a
withdrawing member State does not have a separate QELRO listed for it
in Annex A, that Party shall negotiate with other Parties in
accordance with procedures established for the setting of commitments
to agree upon an equitable and appropriate QELRO for that Party.
Proposal 3
112. Each of the Parties listed in Annex
X(12) shall, individually or jointly,
abide by quantified objectives to achieve significant overall
reductions, after 2000 below 1990 levels within specified time-frames
of anthropogenic emissions by sources and enhancement of removals by
sinks of greenhouse gases not controlled by the Montreal Protocol, as
set out in Annex
Y(13).
112.1 In elaborating quantified limitation and reduction
objectives, Parties should take into account the differences in
Parties' starting points and approaches, economic structures and
resource bases, the need to maintain stronger and sustainable
economic growth, available technologies and other individual
circumstances, as well as the need for equitable and appropriate
contributions by each of these parties to the global
effort.
Proposal 4
113. The Parties listed in Annex I to the Convention shall cooperate to ensure that their total aggregate [annual average] net emissions of greenhouse gases for the first period from
[20_ to 20_ ] is [ _ ] per cent lower than their total aggregate
emissions of greenhouse gases for [19_ ] [the period from 19_ to 19_
].
113.1 The Parties listed in Annex I to the Convention shall
further cooperate to ensure that their total aggregate [annual
average] net emissions of greenhouse gases for the second period from
[20 _ to 20_ ] is [ _ ] per cent lower than their total aggregate
emissions of greenhouse gases for [19_ ] [the period from 19_ to 19_
].
113.2 [Further periods, as agreed]
113.3 To achieve the objectives described in this Article, the
Parties recognize the need to take into account the differences in
starting points and approaches, economic structures and resource
bases, the need to maintain strong and sustainable economic growth,
available technologies and other individual circumstances, as well as
the need for equitable and appropriate contributions by each
developed country Party listed in Annex I to the Convention.
Therefore, the allocation of emission limitation and reduction
objectives for each of the Parties listed in Annex I to the
Convention shall be based on the following indicators calculated for
each Party [to be applied on their projected net emissions of
greenhouse gases], and adjusted in accordance with other national
circumstances:
(a) An indicator reflecting emission intensity, defined as
CO2 equivalent emissions per unit of GDP;
(b) An indicator reflecting level of greenhouse gas emissions,
defined as the share of CO2 equivalent emissions per
capita;
(c) An indicator reflecting the level of economic development,
defined as GDP per capita;
(d) An indicator reflecting the share of renewable energy in
energy supply; and
(e) _ .
113.4 The QELRO for each developed country Party listed in Annex I
to the Convention on the basis of the provisions of this Article, are
set out in Annex A to this Protocol.
Proposal 5
114. Each Party included in Annex I to the Convention shall select
one of the following two quantified limitation and reduction
objectives for its anthropogenic CO2 emission by sources
within the specified time-frames set out below:
(a) To maintain its anthropogenic emissions of CO2 over
the period from [2000 +x] to [2000+x+[5]] at an
average yearly level not more than p tonnes of carbon per
capita; or
(b) To reduce its anthropogenic emissions of CO2 over
the period from [2000+x] to [2000+x+[5]] at an
average yearly level of not less than q per cent below the
level of the year 1990.
114.1 The Meeting of the Parties entrusts a study on anthropogenic
emissions of greenhouse gases, other than CO2 not
controlled by the Montreal Protocol, to the Subsidiary Body for
Scientific and Technological Advice (SBSTA) provided for in Article 9
of the Convention. Until such time as appropriate measures to limit
and reduce emissions of such greenhouse gases are decided upon by the
Meeting of the Parties, on the basis of the study, each Party
included in Annex I to the Convention shall make as much effort as
possible not to increase its emissions of such greenhouse
gases.
Proposal 6
115. The developed country Parties and other Parties included in
Annex A(14) of the Protocol commit
themselves to maintain, individually or jointly, their average annual
levels of net anthropogenic emissions of greenhouse gases in the
period from 2000 to 2010 at 1990 levels, or at the level of any other
year taken by these Parties as a base year.
115.1 Quantitative objectives to limit and reduce net
anthropogenic emissions of greenhouse gases by Annex A Parties to the
Protocol after 2010 shall also be regulated. Quantitative objectives
for the first period following the period from 2000 to 2010 should be
adopted no later than 2007.
115.2 The developed country Parties and other developed Parties
included in Annex B(15) to the
Protocol, aiming to enhance their commitments and taking into account
their real possibilities, shall also adopt the following additional
differentiated obligations to reduce their net anthropogenic
emissions of greenhouse gases below 1990 levels: [to be developed
on the basis of proposals by Annex II Parties in terms of percentage
of net anthropogenic emissions of greenhouse gases from 1990 levels
or from the level of another year to be taken as a
benchmark].
115.3 In order to provide each Annex A and Annex B Party with
necessary flexibility in the implementation of its commitments fixed
in Article 4.1.1 (see paragraph 115) of this Protocol, each
Annex A and Annex B Party has the right to use quotas of its net
anthropogenic emissions of greenhouse gases in the framework of the
concrete period for which quantitative objectives are determined and
valid. If an Annex A or Annex B Party achieves real reductions in net
anthropogenic emissions of greenhouse gases which are greater than
that determined by its commitments, this difference (in terms of the
sum of annual reductions of tonnes of carbon equivalent) is
registered as a contribution to the fulfillment of that Party's
commitments for the next period.
115.4 In order to provide each Annex A and Annex B Party with
necessary flexibility, if the real reduction in net anthropogenic
emissions of greenhouse gases achieved by any such Party in previous
years was greater than its appropriate level of commitments, this
difference (determined in terms of the sum of annual reductions of
tonnes of carbon equivalent) will be accounted for this Party for the
next period in its quota of net anthropogenic emissions of greenhouse
gases.
Proposal 7
116. As a first step, the global objective of the Protocol is
a 10 per cent reduction of the total greenhouse gas emissions of
Annex I Parties by 2010 compared to 1990 levels.
116.1 Countries shall be grouped in categories differentiated
by increments of 5 tons of annual CO2 equivalent emissions
per capita. The first category shall contain countries with emissions
between 3 and 5 tons, the second category countries between 5 and 10
tons, and so on. Countries in the same category shall receive the
same QELROs, starting, for the first category, with an emission cap
(that is, stabilization at 1990 levels beyond
2000).
116.2 The Protocol shall establish legally-binding QELROs for
each Party to this Protocol.
Proposal 8
117. For all Annex
[*]Parties(16) , emission limitation
commitments shall be established on a cumulative basis for
n emissions budget periods of
y years each, beginning in
[2000+x].
117.1 For each Annex [*] Party, the allocation of commitments
shall be based on the five year annual average of CO2
equivalent base emissions.
117.2 In the initial budget period from
[2000+x] to
[2000+x+y], each Annex [*] Party shall
be allowed q per cent of the base
emissions of gases listed in Annex
[C](17) multiplied by
y.
117.3 For subsequent budget periods, allowed emissions for
each Annex [*] Party shall be set in a similar fashion to paragraph
117.2, although the percentage of base emissions allowed, and
potentially the length of the budget period, could
differ.
117.4 In all budget periods each Annex [*] Party shall be in compliance with its emissions budget, which defines the overall emissions allowed in each budget period, which shall equal the emissions allowed under paragraph 117.2 or 117.3:
(a) Plus any emissions limitation commitment over-achievement, on a CO2 equivalent basis of gases listed in Annex [C], banked from a previous emissions budget period;
(b) Plus any emissions acquired from another Annex [*] Party from their emissions budget under emissions trading provisions permitted in paragraphs 2.1 and 2.2
(see paragraphs 137 and 137.1);
(c) Less any emissions transferred to another Annex [*] Party for their emissions budget under emissions trading provisions permitted in paragraphs 2.1 and 2.2;
(d) Plus any emission reductions acquired through joint initiatives with a
non-Annex [*] Party under joint implementation provisions permitted in paragraph 2.3
(see paragraph 145);
(e) Less the CO2 equivalent emissions of
greenhouse gases, listed in Annex [C], from source/sink categories
listed in Annex [D](18) to be
developed by the SBSTA, or some other body designated for this
purpose; and
(f) Plus the CO2 equivalent sequestration of
greenhouse gases, listed in Annex [C], from source/sink categories
listed in Annex [D].
117.5 Inventory methodologies recommended by the SBSTA and
approved by the Conference of the Parties shall be used to calculate
base period emissions to establish emissions allowed under paragraphs
117.2 or 117.3, and budget period emissions to determine compliance
with emission budgets.
117.6 The methodologies for the calculation of the
CO2 equivalence of greenhouse gases other than
CO2 shall be developed by the SBSTA, or some other body
designated for this purpose, and adopted by the Parties to the
[Protocol].
117.7 The process for amending the list of gases and sources
in Annex [C], and for sources/sinks listed in Annex [D], shall be
developed by the SBSTA, or some other body designated for this
purpose, and adopted by the Parties to the
[Protocol].
Proposal 9
118. Parties included in Annex I to the Convention, in a
comprehensive manner, covering all greenhouse gases, their emissions
by sources and removals by sinks and all relevant sectors,
shall:
(a) Return to their 1990 levels, anthropogenic emissions of
CO2 and other greenhouse gases not controlled by the
Montreal Protocol, by 2000;
(b) Reduce their anthropogenic emissions of greenhouse gases
not controlled by the Montreal Protocol, by an achievable and
realistic percentage of their 1990 levels by 2005, including a 15 per
cent reduction of CO2; and
(c) Further reduce their anthropogenic emissions of
greenhouse gases not controlled by the Montreal Protocol by 15 to 20
per cent of their 1990 levels by 2010.
118.1 Parties included in Annex I to the Convention that fail
to return to their 1990 levels of anthropogenic emissions by 2000
shall reduce their anthropogenic emissions by an additional 5 per
cent of their 1990 levels by 2005 and then by an additional 5 per
cent by 2010.
118.2 Parties included in Annex I to the Convention shall
achieve the QELROs contained in paragraphs 118 and 118.1 above,
taking fully into account the social and economic impacts of response
measures on Parties included in Article 4.8 to the Convention in
accordance with Article 3.
118.3 QELROs of each Party included in Annex I to the
Convention shall take into account the differences in starting points
and approaches, economic structures and resource bases, the need to
maintain strong and sustainable economic growth, available
technologies and other individual circumstances, as well as the need
for equitable and appropriate contributions by each of these Parties
to the global effort.
Proposal 10
119. Each Annex A and Annex B
Party(19) shall ensure that its net
anthropogenic emissions of greenhouse gases do not exceed its
emissions budget for any applicable budget period, as specified in
this Article.
119.1 For each Annex A and Annex B Party, its emissions budget
shall be denominated in tonnes of carbon equivalent emissions allowed
and shall equal:
(a) The tonnes of carbon equivalent emissions it is allowed under
paragraph 119.2 or 119.3 below; plus
(b) Any tonnes of carbon equivalent emissions allowed that are
carried over from a prior budget period under paragraph 119.4 below;
plus
(c) Up to [ _ per cent] of the tonnes of carbon equivalent
emissions allowed under paragraph 119.2 or 119.3 below, such as may
be borrowed from the subsequent budget period under paragraph 119.5
below; plus
(d) Any tonnes of carbon equivalent emissions allowed that are
acquired from another Party under Article 6 (international
emissions trading) (see paragraphs 136-136.2) or
Article 7 (joint implementation) (see paragraphs
143-143.6); and minus
(e) Any tonnes of carbon equivalent emissions allowed that are
transferred to another Party under Article 6 (international
emissions trading).
119.2 For the first budget period, from [20_ to 20_ ], each Annex
A Party shall have a number of tonnes of carbon equivalent allowed
equal to [a percentage of] its net anthropogenic emissions of tonnes
of carbon equivalent in 1990, multiplied by [the number of years in
this budget period];
(a) For the second budget period, from [20_ to 20_ ], each Annex A
Party shall have a number of tonnes of carbon equivalent emissions
allowed equal to [a percentage equal to or less than the percentage
in paragraph 119.2 above] of its net anthropogenic emissions of
tonnes of carbon equivalent in 1990, multiplied by [the number of
years in this budget period]; and
(b) [Possible subsequent budget period(s)].
119.3 For the budget period from [20_ to 20_ ], each Annex B Party shall have a number of tonnes of carbon equivalent emissions allowed equal to [options for Annex B Parties include: budget periods, base years, and/or percentages different from those applicable to
Annex A Parties].
119.4 At the end of a budget period applicable to a Party, any amount by which the Party's emissions of tonnes of carbon equivalent is under its emissions budget for that period may be carried over and added to its emissions budget for the next budget period.
119.5 At the end of a budget period applicable to a Party, any
amount of tonnes of carbon equivalent emissions allowed that is
borrowed from the subsequent budget period shall be subtracted at a
rate of [1.2:1] from the subsequent budget period.
119.6 [Provision requiring control of greenhouse gases not
listed in Annex
C(20)].
Proposal 11
120. Annex I Parties that return greenhouse gas emissions to
1990 levels by 2000 would reduce emissions by 10 per cent by 2005, by
15 per cent by 2010 and by 20 per cent by 2020. Annex I Parties that
fail to return greenhouse gas emissions to 1990 levels by 2000 would
reduce emissions by 15 per cent by 2005, 20 per cent by 2010 and 25
per cent by 2020.
Proposal 12
121. Each Party included in Annex I to the Convention shall,
in a comprehensive manner, covering all greenhouse gases, their
emissions by sources and removals by sinks and all relevant sectors,
taking into account paragraph 121.3 below:
(a) Return to its 1990 levels anthropogenic emissions of all
greenhouse gases not controlled by the Montreal Protocol by
2000;
(b) Reduce its anthropogenic emissions of greenhouse gases by
_ per cent of their 1990 levels by 2005; and
(c) Further reduce its anthropogenic emissions of greenhouse
gases by _ per cent of their 1990 levels by 2010.
121.1 Each Party included in Annex I to the Convention that
fails to stabilize its 1990 levels of anthropogenic emissions by 2000
will be required to exert additional efforts to reduce its emissions
by an additional _ per cent of its 1990 levels by 2005 and by an
additional _ per cent by 2010.
121.2 Each Party included in Annex I to the Convention shall
achieve the objectives contained in paragraphs 121 and 121.1 above,
taking fully into account the social and economic impacts of these
response measures on Parties included in Article 4.8 of the
Convention, in accordance with Article 3.5.
121.3 QELROs of each Party included in Annex I to the
Convention shall take into account the differences in starting points
and approaches, economic structures and resource bases, the need to
maintain strong and sustainable economic growth, available
technologies and other individual circumstances, as well as the need
for equitable and appropriate contributions by each of these Parties
to the global effort.
121.4 Each Party included in Annex I to the Convention shall
meet its QELROs through domestic action.
121.5 The compensation mechanism established under
Section C (on possible
impacts on developing countries of new commitments in the new
instrument/socio-economic injuries sustained by developing
countries) below shall be available, as appropriate,
to developing countries listed in Article 4.8 suffering damage and
losses, including social and economic losses, of actions taken under
this section.
Proposal 13
122. Parties included in Annex I to the Convention, in a
comprehensive manner, covering all greenhouse gases, their emissions
by sources and removals by sinks and all relevant sectors, taking
into account paragraph 4 (see paragraph
121.3), shall:
(a) Return to their 1990 levels anthropogenic emissions of
all greenhouse gases not controlled by the Montreal Protocol by
2000;
(b) Reduce their anthropogenic emissions of greenhouse gases
by 20 per cent of their 1990 levels by 2005; and
(c) Further reduce their anthropogenic emissions of greenhouse gases by
20 per cent of their 1990 levels by 2010.
122.1 Each Party included in Annex I to the Convention that
fails to stabilize its 1990 levels of anthropogenic emissions by 2000
will be required to exert further efforts to reduce its emissions by
an additional 5 per cent of its 1990 levels by 2005 and by an
additional 5 per cent by 2010.
Proposal 14
123. Annex XX Parties(21),
individually or jointly, shall reduce their emission levels for
CO2, CH4 and N2O together (weighted
total, using GWP with a 100 year time horizon) so that this total, in
2005, does not exceed its level for reference year 1990 or the period
determined in accordance with Article 4.6 of the
Convention.
123.1 Each Annex XX Party shall, [in its instrument of
ratification, acceptance, approval or accession,] notify the
percentage of intended emission reduction level in accordance with
paragraph 123.
123.2 Furthermore, Annex XX Parties shall take effective
measures to control and/or, [where appropriate,] to reduce their
emission levels for CO2, CH4 and N2O
together (weighted total, using GWP with a 100 year time horizon)
beyond 2005, taking into account the emission level for reference
year 1990 or the period determined in accordance with Article 4.6 of
the Convention.
Proposal 15
124. Parties listed in Annex X, individually or jointly, in accordance with the
Berlin Mandate, shall reduce emission levels for
CO2, CH4 and N2O (aggregated, using
GWP with a 100 year time horizon), by 5 per cent by 2005 and by 15
per cent by 2010, relative to the reference year
1990.
124.1 Those Parties which, in accordance with Article 4.2(a)
of the Convention, modified their longer-term trends in anthropogenic
emissions of CO2 and other greenhouse gases not controlled
by the Montreal Protocol to achieve the objective of the Convention,
and reduced their anthropogenic emissions below the reference year of
1990, will use their aggregated reductions achieved in the period
from 1990 to 2000 to fulfil the reduction objectives of the Protocol
in the period from 2001 to 2015.
Proposal 16
125. Parties shall establish greenhouse gas emissions
baselines as the average of emissions for the years [ _ to
_ ]. Similarly, Parties shall
establish target greenhouse gas emissions [for the year[s] _ ] as the
average of emissions in years [ _ to _ ].
Additional elements of proposals with respect to
QELROs
126. The base year for the obligations of Annex I Parties in the new instrument should be that established by the Convention under Article 4.2(b) and Decision 9/CP.2, paragraph 4.
127. QELROs have to be selected for Annex I Parties in such a
time-frame and quantity as will neither affect the international
trade system nor the national income of developing countries,
particularly fossil fuel exporting developing countries[, and those
for which such Parties have serious difficulties in switching to
alternatives].
128. Emission reduction commitments should be based on a cumulative emissions
basis (22), ideally for all Annex I Parties but at a minimum as an option for those
Annex I Parties seeking to implement mechanisms that allow
flexibility.
128.1 Parties who have established their commitments on a
cumulative basis and that, in one time period, have emissions lower
than their commitments for that time period, should be able to carry
forward such emission reduction over-achievement to a future
period.
128.2 IPCC inventory methodologies, approved by the Conference
of the Parties to the Convention as recommended by the SBSTA, should
form the basis of determining compliance with Parties' emission
limitation and reduction commitments.
128.3 Annex I Party commitments, for a given time period,
could be met though a combination of a Party's cumulative emissions
in that time period (as measured by emission inventories), less any
cumulative emissions over-achievement banked from a previous period,
plus trading of commitments between countries who have
legally-binding emission limitation and reduction commitments.
Comparison of inventory results with national commitments would
determine opportunities for trading. Inventory adjustments would be
positive for one Party and negative for the other.
128.4 Decisions on the means and criteria by which Annex I
Parties might adjust their inventories in relation to joint
implementation projects conducted with Parties who do not have
legally-binding commitments should be included in the
instrument.
Additional elements of proposals with respect to
differentiation
129. Each Annex I Party should choose specific QELROs
according to particular differentiation criteria. Such criteria could
be as follows:
(a) Economic growth (GDP);
(b) Historical share of greenhouse gas
emissions;
(c) Dependency on income from fossil fuels;
(d) Access to sources of renewable energy;
(e) Defence budget;
(f) Population growth;
(g) Special circumstances; and
(h) Share in international trade.
130. Each Annex I Party should have some flexibility in
adopting QELROs. The following criteria should be used for this
purpose:
(a) GDP per capita;
(b) Contribution to global emissions; and
(c) Emissions per capita and/or emission intensity of
GDP.
131. The following three principles set forth in the
Convention should be reflected in the elaboration of QELROs in a
balanced way:
(a) Burden sharing, based on equity and common but
differentiated responsibilities and respective capabilities (Articles
3.1 and 3.2);
(b) Cost effectiveness (Article 3.3); and
(c) Harmony with economic development and an open
international economic system (Articles 3.4 and
3.5).
131.1 A set of qualitative QELROs (Q-QELROs) could also be
devised to enhance the sustainability of economic growth in terms of
greenhouse gas emissions. Each Annex I Party could set a target to
improve the elasticity of greenhouse gas emissions in terms of GDP
and implement a variety of policies and measures, including such
things as the improvement of energy use efficiency.
131.2 Possible formats for QELROs include the
following:
(a) The concept of 'equal right solution' could be applied to
embody the principle of equity and common but differentiated
responsibilities. Each individual person could have an equal right to
the emission of greenhouse gases, leading to the fair distribution of
rights amongst all the Annex I Parties according to cumulative
emissions of greenhouse gases since the industrial revolution to a
certain target year. This principle could be further elaborated and
applied to obtain equity in burden sharing in the
future;
(b) The concept of 'equal capability solution' could be
applied to embody the principle of respective capabilities. Each
Annex I Party could share the burden regarding emission reduction
according to its capability, so that Parties with the same
capabilities would share equal emission reduction burdens. Per capita
GDP could be used, inter alia, as an indicator of capability;
and
(c) The principle of harmony with economic development could
be applied by differentiating QELROs on the basis of elasticity of
greenhouse gas emissions in terms of GDP. Burden sharing amongst
Annex I Parties would thus be determined according to the inverse
elasticity of greenhouse gas emissions. A country with a higher
elasticity of greenhouse gas emissions would therefore share a lower
burden in greenhouse gas emission limitation.
Parties with economies in
transition
132. A certain degree of flexibility should be allowed to
Annex I Parties with economies in transition comparable to the
stipulation in Article 4.6 of the Convention.
133. A certain degree of flexibility should be allowed to the
group of countries with economies in transition for the period of
their economic stabilization, taking into account their real
contribution in reducing greenhouse gas emissions into the
atmosphere, which has taken place since 1990 due to economic reasons.
In accordance with the principle of allowing a certain degree of
flexibility regarding commitments for the Parties included in Annex I
to the Convention undergoing the process of transition to a market
economy, taking into account their real reduction in net
anthropogenic emissions of greenhouse gases during the period from
1990 to 2000 and the need to enhance the ability of these Parties to
solve climate change problems, such a Party has the right to
maintain, after 2010, its average annual levels of net anthropogenic
emissions of greenhouse gases at 1990 levels (or at the level of
another year taken by such a Party as a benchmark) until that Party
achieves the average GDP per capita of Annex B Parties.
134. Annex I Parties with economies in transition would not be
subject to emission reduction targets, but would implement national
policies and measures to limit emissions of greenhouse
gases.
Emissions trading
Proposal 1
135. Commitments shall be fulfilled individually and not through
coordinated actions, including trade in emission permits.
Proposal 2
136. An Annex A or Annex B Party(23) that is in compliance with its obligations under
Article 3 (measurement and reporting) (see paragraphs 163-163.7) and that has in place a national mechanism for certification and verification of trades, may transfer to, or receive from, any Annex A or Annex B Party, any of its tonnes of carbon equivalent emissions allowed for a budget period, for the purpose of meeting its obligations under Article 2
(see paragraphs
119-119.6).
136.1 A Party may authorize any domestic entity (for example
government agencies, private firms, non-governmental organizations,
individuals) to participate in actions leading to transfer and
receipt under paragraph 136 above of tonnes of carbon equivalent
emissions allowed.
136.2 A meeting of the Parties may further elaborate
guidelines to facilitate the reporting of emissions trading
information.
Proposal 3
137. In any budget period, an Annex [*](24)
Party may trade its allowed emissions with another Annex [*]
Party, and the emission budgets of these Annex [*] Parties may be
adjusted to recognize such trades, provided that such adjustments are
mutually reported, are equal, and are positive for one Party and
negative for the other.
137.1 Emissions trading between a domestic entity in one
Annex [*] Party with a domestic entity in another Annex [*] Party
shall be allowed, subject to clear accountability requirements, and
legal recognition and acceptance of the trade by the Annex [*]
Parties.
Additional comment
138. Emissions trading should not be
considered under this protocol until it has been considered at length
and elaborated by the SBSTA, and its environmental benefits clearly
demonstrated.
Joint implementation
Proposal 1
139. Commitments shall be fulfilled individually and not through
coordinated actions, including joint implementation.
Proposal 2
140. Parties listed in Annex
X(25) may, in order to contribute to
implementing limitation and reduction objectives as set out in
Article 2(c) (see paragraph 112)
above, undertake concrete projects jointly with other Parties listed
in Annex X and Parties that have made a notification under Article
2(f) (see paragraph 166) below of
their intention to be bound by commitments on emission limitation and
reduction objectives under Article 2(c) above.
140.1 Joint implementation projects shall bring about
real, measurable and long-term environmental benefits related to the
mitigation of climate change, while avoiding adverse environmental
and social effects.
140.2 In carrying out joint implementation projects, as
defined in paragraph 140, the following set of rules shall be
applied:
(a) Joint implementation projects can be undertaken by
two or more Parties or by domestic entities (such as government
agencies, private firms, non-governmental organizations,
individuals). All such projects require prior acceptance, approval or
endorsement by the Parties participating in the
projects;
(b) Joint implementation projects shall only cover the
greenhouse gases included in the QELROs;
(c) Joint implementation projects should be supplemental to domestic policies and measures, which should provide the main means of meeting the objectives set out in
Annex Y;
(d) Joint implementation projects shall be assessed on a
project basis;
(e) Credits shall be allocated on an annual basis and
reported in national communications for all the projects which are in
full conformity with the requirements of paragraph 140(f);
and
(f) Parties shall report on joint implementation
projects in their national communications using guidelines to be
adopted by the Conference of the Parties at its first session,
building on the uniform reporting format for activities implemented
jointly under the pilot phase. Such guidelines should also deal
with:
(i) Methodologies for calculating project baselines and
actual emissions which are needed to assess the incremental impact of
a project on greenhouse gas emissions and sink capacity;
and
(ii) Data and methods for monitoring, verification and
audit.
Proposal 3
141. In order to fulfil their commitments under the Protocol,
any two Parties, or a group of Parties, to the Protocol may jointly,
on the territory of one or several Parties, undertake concrete
projects aimed at limiting net anthropogenic emissions of greenhouse
gases in any sector of the economy (joint implementation
projects).
141.1 Parties participating in joint implementation projects,
on the basis of joint agreement and in accordance with their
contributions to the projects, have the right to share among
themselves the results of the greenhouse gas emission reduction
and/or sink enhancement (in terms of tonnes of carbon equivalent)
achieved by the projects. These are then taken into account in the
implementation of their commitments under the
Protocol.
141.2 Joint implementation projects can be implemented by Parties included in
Annex A and B(26), as well as by
Parties included in Annex A or B and other Parties to the
Protocol.
Proposal 4
142. All Parties to the Protocol may fulfil part of
their obligation to reduce emissions of greenhouse gases through
joint implementation of mitigation measures. Joint implementation may
contribute up to x
per cent to meeting the reduction
obligation of each Party. The appropriateness of this limit shall be
reviewed periodically and amended as necessary, taking into account
both the environmental effectiveness and economic efficiency of the
joint implementation instrument.
142.1 Joint implementation among Parties to the Protocol
may begin after the pilot phase in 2000 as soon as they have agreed
on modalities for emission crediting.
142.2 Joint implementation between Parties to the
Protocol and other Parties to the Convention may also take place on a
voluntary basis to meet the commitments of Parties to the Protocol
according to paragraph 142. The respective criteria shall be
consistent with decisions taken on joint implementation under the
Convention.
Proposal 5
143. Any Party that is neither in Annex A or
B(27) may generate tonnes of carbon
equivalent emissions allowed through projects that meet the criteria
set forth in paragraph 143.1.
143.1 In addition to any criteria adopted by the Parties to
this Protocol, the following criteria shall apply to
projects:
(a) Projects must be compatible with and supportive of
national environment and development priorities and strategies, as
well as contribute to cost effectiveness in achieving global
benefits; and
(b) Projects must provide a reduction in emissions that is
additional to any that would otherwise occur.
143.2 [Additional provisions to be added on
calculation, measurement, monitoring, verification, review and
reporting.]
143.3 Any Party that generates tonnes of carbon equivalent
emissions allowed consistent with this Article
may:
(a) Hold such tonnes of carbon equivalent emissions allowed;
or
(b) Transfer any portion thereof to any
Party.
143.4 An Annex A or Annex B Party may acquire tonnes of carbon equivalent emissions allowed under this Article for the purpose of meeting its obligations under Article 2
(see paragraphs 119-119.6),
provided it is in compliance with its obligations under Article 3
(measurement and reporting)
(see paragraphs
163-163.7).
143.5 A Party may authorize any domestic entity (for example
government agencies, private firms, non-governmental organizations,
individuals) to participate in actions leading to generation,
transfer and receipt under this Article of tonnes of carbon
equivalent emissions.
143.6 Any Party that is neither in Annex A nor Annex B that
generates or acquires tonnes of carbon equivalent emissions allowed
under this Article shall notify the secretariat annually of the
quantity, origin and destination of such tonnes.
Proposal 6
144. A Party listed in Annex
A(28) may meet part of its QELRO, as set
out in that Annex, by credits received through undertaking joint
implementation projects with another Annex A or non-Annex A Party or
Parties.
144.1 Parties may implement such projects on a bilateral
or multilateral basis with other interested
Parties.
144.2 Such projects can either reduce emissions or enhance sinks of greenhouse gases not controlled by the Montreal Protocol.
144.3 Parties may authorize any domestic entity, including government agencies, private firms, non-government organizations and individuals, participating in activities leading to generation, transfer and receipt of credits measured as tonnes or CO2 equivalent or some other agreed basis.
144.4 The Meeting of the Parties shall agree upon and
adopt processes for estimation, measurement, monitoring,
verification, review and reporting of greenhouse gas reductions for
joint implementation projects.
144.5 Parties participating in joint implementation
projects shall, on the basis of joint agreement and in accordance
with their contributions, have the right to share among themselves
the outcomes of the greenhouse gas emission reduction and/or sink
enhancement (in terms of tonnes of carbon equivalent or some other
agreed basis) achieved by the projects.
Proposal 7
145. In any budget period, any credits earned from joint
implementation to be used to increase the emission budget of an Annex
[*] Party(29), shall be subject to
stringent emission reduction verification and accountability
methodologies developed by the SBSTA, or some other body designated
for this purpose, and agreed to by the Parties to the
[Protocol].
Proposal 8
146. Joint implementation could be used as an instrument
to allow technology transfer to take place on a more advantageous
basis.
Proposal 9
147. In order to fulfil
their commitments laid down in the present Protocol, Annex I Parties,
together with non-Annex I Parties, may undertake joint
implementation, in the territory of the non-Annex I Party carrying
out projects, to limit or reduce anthropogenic emissions of
greenhouse gases, or for the conservation and development of sinks
and reservoirs, which mitigate those gases.
147.1 Annex I Parties may meet up to 25 per cent
(twenty-five per cent) of their domestic emission reduction
obligations through joint implementation projects, and up to 100 per
cent (a hundred per cent) of their emission reductions outside their
territory. When carrying out joint implementation projects, the Annex
I Party or Parties may receive credit for only half of the entire
mitigation or reduction in metric tonnes of carbon equivalent offset
in the case of domestic emissions, with the remaining mitigation or
reduction of greenhouse gases accuring to humanity as a global good.
However, national emissions from an Annex I Party produced in the
territory of a non-Annex I Party, can be offset by means of joint
implementation, with the entire reduction or mitigation recorded in
its favour.
147.2 Non-Annex I Parties which voluntarily implement
joint implementation projects, shall, prior to approval of a joint
implementation project, vouch for the benefits of the mitigation or
reduction of emissions of greenhouse gases, by means of the mechanism
of "greenhouse gas emission mitigation certificates", and shall also
notify the secretariat of the Convention, using the reporting format
agreed by the Parties, of the origin and destination of such
mitigation or reduction.
147.3 The certification of each project may be used for
the purpose of compliance with the obligations of the Annex I
countries by means of the mechanism of "greenhouse gas emission
mitigation certificates".
147.4 The non-Annex I countries, in which joint
implementation projects are carried out, may certify the mitigation
arising from the projects. For that purpose, they shall demonstrate
the additional economic value and the environmental
benefits.
147.5 The emission reductions generated in each project
shall belong to the host countries, which shall have the ability to
cede such rights to the Parties which have commitments, when a value
is duly ascribed to the mitigation by means of an additional
financial contribution to the projects that generated it, insofar as
the national policy of each host country so
provides.
147.6 In order to implement joint implementation
projects, non-Annex I Parties shall comply with the following
requirements:
(a) Implementation shall proceed, and shall be accounted for, on a
project-by-project basis;
(b) A baseline shall be established setting the net
environmental benefits of greenhouse gas emission mitigation and
reduction for each specific project, as compared with a baseline
involving no project, so as to justify the additional financial
contribution from the Annex I countries;
(c) A methodology must be established to estimate and
evaluate the effectiveness of the measures adopted to limit emissions
and enhance the removal or mitigation of greenhouse gas emissions in
each particular project;
(i) It will be the task of the secretariat of the
Conference of the Parties to devise a monitoring mechanism to
determine the veracity of the reduction or mitigation reported in
accordance with the reporting format agreed by the Parties;
and
(d) Joint implementation projects shall be
voluntary.
Additional comments
148. The Conference of the Parties should be asked
to intensify the process of preparing national communications from
developing countries and countries with economies in transition. This
will strengthen the international mechanism of joint implementation
and make it more effective for such countries.
149. The concept of joint implementation should be thoroughly reviewed by the
Conference of the Parties and a decision made before
it is included in this protocol. The use of joint implementation for
the strengthening of Article 4.2(a) and (b) should only be taken upon
conclusion of an independent review of activities implemented
jointly.
Additional elements of proposals with respect to
flexibility
150. Cooperative efforts by interested
Parties.
(a) Any Party listed in Annex I to the Convention that is in
compliance with its obligations under Article 4
(QELROs for developed country Parties listed in Annex
I to the Convention) (see paragraphs
113-113.4), and has in place a national mechanism for
certification, verification and accounting of transfer between
Parties listed in Annex I to the Convention of greenhouse gas
emission reductions or sink enhancements achieved through specific
investments, may transfer to, or receive from, any Party listed in
Annex I to the Convention any of the carbon equivalent emissions
reductions or sink enhancements resulting from such investments for
the purpose of meeting its obligations under Article 4
(QELROs for developed country Parties listed in Annex
I to the Convention);
(b) Any Party not listed in Annex I to the Convention may, on a voluntary basis, carry out projects that are additional to what would otherwise occur that limit greenhouse gas emissions or remove greenhouse gases by sinks and reservoirs, in accordance with their national environment and development priorities and strategies. These Parties may decide to define a monetary value for the climate benefits achieved through such projects, and may further decide to transfer any portion thereof to any Party on mutually beneficial and agreed terms. Provided that such transfers are validated by host country acceptance, approval or endorsement, and reported, measured, and assessed in accordance with provisions established by the Parties to the Convention, to be reviewed at the first Meeting of the Parties, such transfers are eligible for accounting under the commitments defined in Article 4
(QELROs for developed country Parties listed
in Annex I to the Convention) for such Parties which
are in compliance with their
obligations(30).
in the new instrument/socio-economic injuries sustained
Proposal 1
151. Each Party included in Annex I to the Convention
shall take fully into account the provisions contained in Article 4.8
in the implementation of policies and measures to achieve these
Parties' QELROs.
151.1 The commitments in Article 4.2(a) and (b) of the
Convention for developed country Parties/other Parties included in
Annex I should be strengthened by establishment of a concrete
compensation mechanism for damages arising from implementation of
response measures on developing countries referred to in Article 4.8,
in order to provide them with the necessary
safeguards.
151.2 (To be
developed)
Proposal 2
152. [A compensation mechanism shall be established to
compensate social and economic losses arising from implementation of
the present instrument sustained by Annex III
Parties(31). The functions of this
compensation mechanism are as follows:
(a) Analyses and assessments of socio-economic impacts of any
proposed response measures on developing countries, particularly oil
exporting developing countries;
(b) Provision of material, equipment and technologies, on
concessional terms, to Annex III countries;
(c) Establishment of a compensation fund;
and
(d) Contributions made to this fund by Annex I Parties shall
be replenished biannually. These contributions, being compulsory upon
Annex I Parties, shall be paid directly to the affected claimant
developing country Party/Parties.
152.1 Other details of this mechanism should be decided by
the Conference of the Parties.]
152.2 Any developing country Party to the Convention shall have a claim against all
Annex [I][ _ ] Parties, jointly and severally, for loss of
income from export of fossil fuels, fossil fuel products, raw
materials other than fossil fuels or finished or semi-finished goods
in any given year after adoption of this Protocol by the [Conference
of the Parties that is a direct or indirect consequence of the]
inclusion in this Protocol of commitments by any or all of such Annex
_ Parties for QELROs or for policies and measures, or performance or
attempted performance by any or all of such Annex _ Parties of any
such commitments. For purposes of this paragraph [1], "loss of
income" shall be liberally interpreted. Not in limitation of the
foregoing, "loss of income" may be estimated by taking into account
estimates of gross revenue [from the aforesaid exports, which
reasonably could be expected to have been received] by the claimant
in the absence of the inclusion of the aforesaid commitments in this
Protocol, less reasonably estimated costs of production and export
that likely would have been incurred by the claimant in connection
with lost exports.
152.3 A Party to the Convention asserting a claim pursuant to
this Article shall submit its claim in writing to any Annex _ Party
against whom it makes such claim within six years following the year
for which the claim is made.
152.4 Any Annex [I][ _ ] Party liable on a claim made
pursuant to this Article shall have a claim for contribution against
another Annex [I][ _ ] Party for the portion of the liability that is
attributable to the performance or attempted performance by such
other Annex I[ _ ] Party of its commitments referred to in paragraph
152.2.
152.5 Provisions that may be proposed later
concerning the establishment of a compensation mechanism, arbitration
of claims and alternatives to such arbitration should be
inserted.
Proposal 3
153. The IPCC shall assist in the preparation of
recommendations on ways of mitigating the possible negative economic,
social and ecological impacts of new commitments for Annex I Parties
on developing countries and countries with economies in
transition.
Proposal 1
154. Each of the Annex I Parties shall communicate to the
Meeting of the Parties, through the secretariat, the following
information:
(a) A detailed description of the policies, programmes and measures it has undertaken to implement its commitments under Articles 2 to 4
(see paragraphs 182, 110 and
204-204.3) above; and
(b) A specific estimate of the effects that these policies,
programmes and measures will have on anthropogenic emissions by its
sources and removals by its sinks of greenhouse
gases.
154.1 Each of the Annex I Parties shall also provide information on the full costs and benefits of the policies and measures described in subparagraphs (a) and (b) above, and indicate how such policies and measures form part of a least cost implementation strategy. At their first Meeting, Parties shall consider and agree on methodologies for Annex I Parties to undertake calculations of the full costs and benefits referred to above.
154.2 Each of the Annex I Parties shall make its initial
communication within one year of the entry into force of the Protocol
for that Party. The frequency of subsequent communications shall be
determined by the first Meeting of the Parties.
Proposal 2
155. Each Party listed in Annex
A(32) shall include its National Action
Plan in its national communication submitted under Article 12 of the
Convention, together with any other information required to be
submitted under this instrument. Copies of such documents shall be
submitted, through the secretariat, to both the Conference of the
Parties to the Convention and the Meeting of the
Parties.
Proposal 3
156. Parties listed in Annex X(33)
shall include in communications under Article 12 of the Convention a
detailed description of the policies and measures adopted and
implemented to meet the commitments under Articles 2(a) to 2(c)
(see paragraphs 87-87.3 and 112) above, specific estimates
of their effects and, as appropriate, their costs, and resulting
projected anthropogenic emissions.
156.1 Parties listed in Annex X shall submit an initial
communication within six months of the entry into force of the
Protocol for that Party. Each Party not so listed shall make its
initial communication within three years of the entry into force of
the Protocol for that Party. The frequency of subsequent
communications by all Parties shall be determined by the Conference
of the Parties at its sixth and subsequent sessions.
156.2 Such communications shall include in particular the results of reviews of national policies and practices referred to in Article 4.2(e)(ii) of the Convention and any significant changes identified(34).
Proposal 4
157. Communication of information related to
implementation of this protocol/another legal instrument shall be in
accordance with Article 12 of the
Convention.
Proposal 5
158. Each Annex [I][_] Party within six months of the entry
into force of this Protocol for that Party, shall communicate to the
Conference of the Parties, through the secretariat, the following
information:
(a) A detailed description of the policies and measures that
it plans to adopt to implement its commitments under Articles _ and _
(on commitments for QELROs and policies and
measures);
(b) Detailed [and] specific estimates, accompanied by
detailed explanation as to the basis of such estimates, of the
anticipated effects of each of the policies and measures identified
in the communication referred to in subparagraph (a)[above], and of
the aggregate anticipated effects of all such policies and measures
on the Party's anthropogenic emissions by its sources and removals by
its sinks of greenhouse gases during each of the periods referred to
in Article _ (on time-frames for achieving
QELROs).
158.1 Within twelve months of the entry into force of this Protocol for that Party and on or before [the] 15th [day of] April of each year thereafter, shall submit to the
Conference of the Parties, through the secretariat, a
certificate signed by a duly authorized official of that Party, which
contains the following information:
(a) Detailed and specific information identifying all changes
to the information communicated pursuant to paragraph 158 that would
make such information more current, informative or
reliable;
(b) A list of all laws and other acts of government having the effect of law that, since entry into force of this Protocol for that Party, the Party has adopted in accordance with its internal lawmaking procedures to implement its commitments under Articles _ and _
(on commitments for QELROs and policies and
measures);
(c) Specific estimates, accompanied by detailed explanation
as to the basis of such estimates, of:
(i) Annual imports [measured in physical units and in
monetary value] by the Party from the developing country Parties to
the Convention of fossil fuels [, fossil fuel products, raw materials
other than fossil fuels,] and finished or semi-finished goods
following entry into force of this Protocol for that Party; and
(ii) Any changes in the future amounts of such imports
[measured in physical units and in monetary value] which the Party
believes could occur following entry into force of this Protocol for
that Party and during each of the periods referred to in Article _
(on time-frames for achieving QELROs)
and in Article _ (on time-frames for compliance with
commitments to adopt or implement policies or
measures); and
(d) Specific estimates, accompanied by detailed explanation
as to the basis of such estimates, of changes [measured in physical
units and in monetary value] in the imports identified pursuant to
subparagraph (c)[above] that the Party believes may be directly or
indirectly attributable to the Party's actual or prospective
fulfillment of its commitments under Articles _ [and _ ]
(on commitments for QELROs and policies and
measures).
158.2 Information communicated by Parties pursuant to
paragraph 158 shall be transmitted by the secretariat as soon as
possible to each of the Parties to the Convention.
158.3 Upon the initiative of the secretariat, or promptly following delivery to the secretariat of a written request by any Party to the Convention, the secretariat shall undertake an
in-depth review of the information contained in a communication or certification submitted by a Party pursuant to paragraph 158 for the purpose of clarifying or supplementing, and making assessments with regard to the completeness and apparent accuracy of all or part of such information. Each Party that has submitted information which is the subject of such
in-depth review shall cooperate reasonably with the
secretariat in all matters concerning such review. In conducting
in-depth reviews, the secretariat shall enlist the assistance of
individuals who are qualified to make the assessments referred to
above concerning the information that is the subject of such review.
Any team or group of individuals providing such assistance to the
secretariat shall consist of [at least one individual from a
developing country for every [two] individual[s] from developed
countries] [equal number of individuals from all regions (those
recognized by the United Nations)] and, in so far as feasible, also
shall reflect reasonable balance taking into account the diverse
nature of the economies [within each region] of the Parties to the
Convention. In so far as possible, the secretariat shall complete
each in-depth review that has been requested by a Party to the
Convention within six months following receipt of the request and
shall transmit a written report of the in-depth review to each Party
to the Convention as soon as possible, but no later than four months,
following completion of the in-depth review.
158.4 Notwithstanding any other provision of this Protocol, the provisions of
Articles _ [and _ ] (on commitments for QELROs
and policies and measures) shall expire and shall
cease to have further force or effect if any one or more Annex _
Parties that, according to the most recent national inventories that
have been communicated pursuant to Article 12, paragraph 1 of the
Convention, represent individually or in the aggregate 10 per cent or
more of the total gross emissions of greenhouse gases [without regard
to comparative radiative forcing or consideration of sinks] of all
Annex _ Parties:
(a) Shall fail to submit in any one year a communication or a
certification as required by paragraph 158; or
(b) Shall fail, at any time after the first anniversary of
entry into force of this Protocol, to have adopted, implemented and
kept in force policies and measures [including, but not limited to,
laws and other acts of government having the effect of law] that, in
light of such national inventories, the communications or
certifications submitted by such Party or Parties pursuant to
paragraph 158, and/or the report of any in-depth review prepared
pursuant to paragraph 158.3 with respect to such communication or
certification, reasonably appear to be necessary to enable such Party
or Parties to fulfil its or their commitments set forth in Article _
(on commitments for
QELROs).
Proposal 6
159. Each Party included in Annex I to the Convention shall
submit, to the secretariat, its initial information including the
following elements within six months from the closure of the first
session of the Meeting of the Parties, or within six months of the
entry into force of the Protocol for the Party if the Protocol enters
into force for that Party after the first session of the Meeting of
the Parties. The frequency of subsequent submissions by all Parties
shall be determined by the Meeting of the Parties, taking into
account the differentiated timetable for the initial submission set
by this paragraph:
(a) Its quantified objective selected under Article 3
(see paragraph
114);
(b) Its national plan made under Article 5
(see paragraph
89.3);
(c) Its policies adopted and its measures taken under Article 4
(see paragraphs
89-89.2);
(d) Its voluntary goals established by the use of the indicators referred to in
Article 4, paragraph 3 (see paragraph
89.2) if the policies and measures referred to in
subparagraph (c) above are planned or are under implementation, and
assessment carried out by the use of the indicators referred to in
Article 4, paragraph 3 if the policies and measures referred to in
subparagraph (c) above have been completed; and
(e) Projection until around the middle of the twenty-first
century of anthropogenic emissions by sources and removals by sinks
of CO2.
Proposal 7
160. Communication of information:
(a) _ ; and
(b) Each Party to this Protocol listed in Annex I to the
Convention shall include in its national communication pursuant to
Article 12 to the Convention detailed information on any emission
reductions or sink enhancements received from another Party in
accordance with Article 8 (Cooperative efforts by
interested Parties) (see paragraph
150).
Proposal 8
161. Each Annex A Party(35) shall
submit its first communication relating to the Protocol within one
year after its entry into force for that Party. Time-frames for the
submission of subsequent communications should be determined at a
later date.
161.1 Guidance documents for the communication of information
relating to the Protocol and its review should be
developed.
Proposal 9
162. The provisions of the Convention as well as the
existing relevant decisions adopted by the Conference of the Parties
of the Convention apply mutatis
mutandis. Hence, Parties to the Protocol shall submit
consolidated reports on the policies and measures adopted as well as
on the specific estimate of their effects on the basis of the already
existing regime.
Proposal 10
163. Each Annex A and Annex B
Party(36) shall have in place by [the
first year of its first budget period] a national system for the
accurate measurement of anthropogenic emissions by sources, and
removals by sinks, of greenhouse gases.
163.1 For the purposes of implementing paragraph 163 and
promoting comparability, consistency and transparency, the Parties
shall, not later than their second meeting, decide on minimum
standards for the measurement of anthropogenic emissions by sources,
and removals by sinks, of greenhouse gases.
163.2 Each Annex A and Annex B Party shall put in place, if
it has not already done so, national compliance and enforcement
programmes relevant to its implementation of the obligations under
this Protocol.
163.3 Each Annex A and Annex B Party shall submit to the secretariat, as part of its communication under Article 12 of the Convention, information on its implementation of this Protocol, including policies and measures it is taking to meet its obligations in Article 2
(see paragraphs 119-119.6).
Such submission shall be in accordance with guidelines which the
Parties adopt at their first meeting, taking into account any
relevant guidelines adopted by the Parties to the Convention. Such
submission shall also contain the following
information:
(a) Once the obligation in paragraph 163 above becomes
effective, a description of the national measurement system that it
has in place;
(b) Once the obligation in paragraph 163 above becomes
effective, the results of its national measurement
system;
(c) A quantitative projection of its net anthropogenic
emissions of greenhouse gases through the budget periods;
and
(d) A description of relevant national compliance and
enforcement programmes it has in place pursuant to paragraph 163.2
above, as well as a description of their effectiveness, including
actions taken in cases of non-compliance with national
law.
163.4 In addition to the information required to be submitted under paragraph 163.3, each Annex A and Annex B Party shall submit to the secretariat, on an annual basis and in accordance with the guidelines referred to in paragraph 163.3, its current calculation corresponding to each of the subparagraphs in Article 2.2 (see paragraph 119.1) and its remaining emissions budget for that budget period. With respect to any tonnes of carbon equivalent emissions allowed that are acquired or transferred under Article 6
(see paragraphs 136-136.2) or
Article 7 (see paragraphs 143-143.6),
the Party shall specify the quantity, Party of origin or destination,
and the relevant budget period.
163.5 The first of the submissions referred to in paragraph
163.4 shall be part of a Party's first communication that is due
after the Protocol has been in force for that Party for two years.
The frequency of subsequent submissions shall be determined by the
Parties.
163.6 Information communicated by Parties under this Article
shall be transmitted by the secretariat as soon as possible to the
Parties and to any subsidiary bodies concerned.
163.7 Without prejudice to the ability of any Party to make
public its communication at any time, the secretariat shall make
information communicated by Parties under this Article publicly
available at the time it is submitted to the
Parties.
Additional
comment
164. The instrument should use the same
reporting channel and procedural methods as the
Convention.
Proposal 1
165. Any Party not included in Annex I to the Convention that
has expressed its intention to be bound by Article 4.2(a) and (b) of
the Convention in accordance with Article 4.2(g) of the Convention,
may in its instrument of ratification, acceptance, approval or
accession to this Protocol, or at any time thereafter, notify the
Depositary that it intends to be bound by Articles 3 to 5
(see paragraphs 110 and 174, 204-204.3 and
154-154.2) of this Protocol. The Depositary shall
inform the other signatories and Parties of any such
notification.
Proposal 2
166. Any Party not listed in Annex X(37) may, in its instrument of ratification, acceptance, approval or accession, or at any time thereafter, notify the Depositary that it intends to be bound by some or all of the commitments under Article 2(b) (see paragraphs 87.1-87.3) above to adopt and implement specific policies and measures in [Lists] A, B or C, and/or that it intends to be bound by commitments on emissions limitation and reduction objectives under Article 2(c) (see paragraph 112) above. The Depositary shall inform the other signatories and Parties of any such notification. Any Party not listed in Annex X making a notification in relation to Article 2(b) and/or Article 2(c) shall be bound by commitments regarding
communication of information relating to implementation under Article 2(e)
(see paragraphs 156-156.2)
above, as relevant.
Proposal 3
167. The Parties not included in Annex I to the Convention are encouraged to voluntarily submit information including the elements referred to in Article 6, paragraph 1
(see paragraph
159).
167.1 If a Party not included in Annex I to the Convention draws up a concrete inventory of technologies which it hopes to introduce and a concrete programme of countermeasures against global warming through introduction of such technologies, the Meeting of the Parties may request the entity entrusted with the operation of the financial mechanism referred to in
Article 11 of the Convention to give priority to providing
any financial assistance necessary for such a voluntary
programme.
Proposal 4
168. Any Party which is not listed in Annex I may declare
through the Depositary its will to be bound by the provisions of
Article 4.2(a) and (b) of the Convention, and to be included in Annex
I. Such Parties may also declare the base year chosen for their
obligations. For Parties which have made such a declaration after the
second Conference of the Parties, the base year may be different than
for Annex I Parties under the Convention, for example 1995 or
2000.
Proposal 5
169. Any State not listed in Annex
A(38) may, in its instrument of
ratification, acceptance, approval or accession, or at any time
thereafter, notify the Depositary that it intends to be bound by the
obligations of Annex A Parties. It will then be an Annex A Party. The
Depositary shall inform the other signatories and Parties of any such
notification.
169.1 Any State not listed in Annex A may, in its instrument of
ratification, acceptance, approval or accession, or at any time
thereafter, notify the Depositary that it intends to be bound by the
obligations of Annex B Parties. It will then be an Annex B Party. The
Depositary shall inform the other signatories and Parties of any such
notification.
Proposal 6
170. Any Party not included in Annex I to the Convention may
use Implementing Agreements like those developed by the International
Energy Agency (IEA) to be bound, on a voluntary basis, for
implementing specific policies and measures or for fulfilling a
specific QELRO.
Proposal 7
171. Any Party not included in Annex I shall not be obliged to enter into any new commitments, unless any such Party expresses its intention to be bound by
Article 4.2(a) and (b) of the Convention in accordance with
Article 4.2(g) of the Convention and has in its instrument of
ratification, acceptance, approval or accession to this Protocol, or
at any time thereafter, notified the Depositary of its intention to
be bound by this Protocol.
Proposal 8
172. Each Party included in Annex I to the Convention shall
meet its QELROs without introducing any new commitments for Parties
not included in Annex I.
Proposal 9
173. Should a Party not included in Annex I to the Convention
submit a proposal to implement a specific climate change mitigation
programme, the Conference of the Parties may request the appropriate
entity or entities entrusted with the operation of the financial
mechanism referred to in Article 11 of the Convention, to make
available, as a matter of priority, the necessary financial,
technical or technological assistance for the implementation of such
a programme.
Proposal 1
174. The Meeting of the Parties shall review and revise the
commitments of the Annex I Parties contained in subparagraph (a)
(see paragraph 110(a)), and the commitments adopted pursuant
to subparagraph (b) (see paragraph 110(b)), in accordance
with the precautionary principle and the best available scientific
information and assessment of climate change, not later than five
years after the entry into force of the Protocol and thereafter at
regular intervals to be determined by the Meeting of the
Parties.
Proposal 2
175. To ensure the continuing effectiveness of this instrument the
Parties shall undertake regular reviews of commitments under Article
4 (see paragraphs 111.1-111.2), in accordance with a process
to be determined by the Meeting of the Parties. That process shall
provide, amongst other things, appropriate time-frames for reviews to
take place.
175.1 The first review shall be completed [y] years after the entry into force of this instrument and thereafter at intervals of [y] years.(39) In addition, individual Parties may activate the review process in respect of their own commitments outside the scheduled review cycle in the event of an unforeseen change in their circumstances that will have a significant bearing on their capacity to implement their commitments under this Part
(on commitments of specified
Parties).
175.2 In carrying out such reviews, the Parties shall have
regard to the following:
(a) Any factors having a bearing on the governing equity principle set out in Article 3(a) (see paragraph 111), including changes over time in the Parties' rates of GDP
growth, population growth, emission intensity of GDP, fossil
fuel intensity of exports and emission intensity of
exports;
(b) Developments in scientific understanding of the causes
and effects of climate change; and
(c) Relevant technological developments.
175.3 At the completion of the process under subparagraphs (a) and (b) above, the
Meeting of the Parties may recommend adjustment to the
commitments, as listed in Annex A, of any Party or specified group of
Parties.
175.4 Any recommendation under the above paragraph shall
apply to a Party only when a communication accepting that
recommendation has been lodged by that Party with the
Depositary.
Proposal 3
176. The Conference of the Parties shall review the adequacy
of commitments on the basis of Article 2 of the Convention, of best
available scientific information and assessment of climate change and
its impacts, as well as relevant technical, social and economic
information, and take appropriate action.
176.1 The first review and the appropriate action based on
that review shall take place no later than 31 December 2002. Further
reviews and appropriate action shall take place at regular intervals
thereafter, to be decided by the Conference of the
Parties.
176.2 The Conference of the Parties at its first session shall review the content and scope of all Annexes and shall update them regularly in the light of progress on the implementation of policies and measures by Parties, including progress on coordination of measures, the
identification or elaboration of additional policies and
measures, new scientific or technological advice, and other relevant
developments.
Proposal 4
177. The Conference of the Parties, as the supreme body
of the Convention, shall keep under regular review the implementation
of the Convention and any related legal instrument that the
Conference of the Parties may adopt (Article 7.2 of the
Convention).
177.1 Existing mechanisms in the Convention, including
review, assessment and financing, shall apply to the commitments
adopted by the protocol/another legal
instrument.
177.2 The review of this protocol/another legal instrument shall be undertaken under
Article 4.2(d) of the Convention.
Proposal 5
178. In order to reflect in policies the
latest scientific information, such as IPCC Assessment Reports, a
mechanism to regularly review this Protocol should be included. The
Annex should be revised more flexibly than the Protocol
itself.
Proposal 6
179. The Conference of the Parties to this Protocol
shall, at its first session, establish a mechanism for the review of
the adequacy of the commitments undertaken by the Parties, including
QELROs contained in the Protocol, in the light of the evolution of
scientific knowledge.
Proposal 7
180. The Parties shall periodically review this Protocol, and
guidelines established thereunder, in light of evolving scientific
knowledge related to climate change.
Proposal 8
181. [The Conference of the Parties] [The Meeting of the Parties] shall at its [x] session, review the adequacy of commitments of the Parties under this Protocol with a view to achieving the objective of the Convention. Such review shall be carried out in light of the best available scientific information and assessment on climate change and its impacts, as well as relevant technical, social and economic information, and shall be conducted in conjunction with any pertinent review under the Convention or any related Protocol. Based
on this review, the [Conference of the Parties] [Meeting
of the Parties] shall take appropriate action, which may include the
adoption of amendments to this Protocol.
182. In accordance with the objective and principles of the
Convention, all Parties, taking into account their common but
differentiated responsibilities and their specific national and
regional development priorities, objectives and circumstances shall
implement national and, where appropriate, regional programmes
containing measures to mitigate climate change by addressing
anthropogenic emissions by sources and removals by sinks of all
greenhouse gases not controlled by the Montreal Protocol.
183. As stated in paragraph 2(b) of Decision 1/CP.1 of the Berlin Mandate, the process will not introduce any new commitments for Parties not included in Annex I, but reaffirm existing commitments in Article 4.1 and continue to advance the implementation of these commitments in order to achieve sustainable development, taking into account
Articles 4.3, 4.5 and 4.7.
183.1 Continuing to advance implementation of Article 4.1 by
non-Annex I Parties is contingent upon the effective implementation
by developed country Parties of their commitments related to
financial resources and transfer of technology
for:
(a) The development at the national level of systematic observation and data archives, scientific and technical research, and support for improving endogenous capacities and capabilities to participate in international and intergovernmental programmes related to the climate system;
(b) The enhancement at the national level of access to, and
the exchange of, data and analyses thereof, obtained from areas
beyond national jurisdiction;
(c) The assessment at the national level of the economic and
social impacts of climate change, including sea level rise, changes
in storms or storm surges, and the risk to coastal ecosystems,
including fragile ecosystems, wetlands, coral reefs and atolls, as
well as freshwater supplies, arid and semi-arid areas, drought and
desertification;
(d) The assessment at the national level of the economic and
social consequences on developing countries of various response
strategies, with a view to minimizing adverse effects on the economy,
on infrastructure, on human settlements, on social and cultural
practices, on public health and on the quality of the environment of
projects or measures undertaken by them to mitigate or adapt to
climate change;
(e) The development and implementation at the national level
of education and training programmes, including the strengthening of
national institutions and the exchange or secondment of personnel to
train experts;
(f) The development and implementation of integrated plans
for coastal zone management, water resources and agriculture, and for
the protection and rehabilitation of areas affected by drought and
desertification, as well as floods;
(g) The sustainable management for conservation and
enhancement, as appropriate, of sinks and reservoirs of all
greenhouse gases, including biomass, forests and oceans as well as
other terrestrial, coastal and marine ecosystems;
(h) The transfer of, or access to, environmentally-sound technologies and
know-how, practices and processes that control, reduce or
prevent anthropogenic emissions of greenhouse gases not controlled by
the Montreal Protocol in all relevant sectors, including the energy,
transport, industry, agriculture, forestry and waste management
sectors, taking fully into account Chapter 34 of Agenda
21;
(i) The development at the national level of local emission
factors, activity data and models that reflect the socio-economic
conditions of each developing country Party for the elaboration and
periodic updating of national inventories, in the light of the
preparations of initial national communications based on the
guidelines and format for non-Annex I communications;
and
(j) Following from and based on all the above, formulation,
implementation, publication and regular updating at the national and,
where appropriate, regional levels, of programmes containing measures
to address climate change and its adverse impacts in order to achieve
sustainable development.
183.2 Since this is an integral part of the process of
preparations of national communications, the operating entity of the
financial mechanism shall provide the necessary resources for the
implementation of the above activities in each developing country
Party in an expeditious and timely manner.
183.3 The extent to which developing country Parties will
effectively implement their commitments under the Convention will
depend on the effective implementation by developed country Parties
of their commitments under the Convention related to financial
resources and transfer of technology and will take fully into account
that economic and social development and poverty eradication are the
first and overriding priorities of the developing country Parties.
184. All Parties shall, in accordance with the provisions of
paragraphs 184.1-184.3 below, continue to advance the implementation
of commitments in Article 4.1 of the Convention and strengthen their
collaboration through bilateral, multilateral and Convention-based
mechanisms so as to facilitate reaching the ultimate objective of the
Convention and in order to achieve sustainable development taking
into account Articles 4.3, 4.5 and 4.7 of the Convention.
184.1 National programmes, inventories and reporting(40)
:
(a) National programmes to be updated regularly in addition
to any updating carried out in the context of national communications
(Article 4.1(b));
(b) Parties to provide annual inventory data for greenhouse
gases as required by Decision 3/CP.1 (Article 4.1(a));
(c) Parties, to the extent possible, move to use full IPCC
compatible methodologies for preparation of inventories (Article
4.1(a));
(d) Parties to identify and agree to implement strategies to
ensure climate change considerations are taken into account in all
relevant Government policy areas and initiatives and include an
evaluation of the effects thereof in national communications (Article
(4.1(f));
(e) National programmes to incorporate, as appropriate,
policies and measures to remove obstacles to the limitation of
greenhouse gas emissions and to the enhancement of sinks including by
(Article 4.1(b)):
(i) Increasing energy efficiency;
(ii) Increasing the use of renewable
energies;
(iii) Making improvements in the transport
sector;
(iv) Improving efficiencies in industrial production
processes;
(v) Promoting the development and sustainable management of
sinks and reservoirs of greenhouse gases; and
(vi) Improving integration of climate change considerations
into agriculture.
(f) Parties to develop, periodically update, publish and make available to the Conference of the Parties strategies for mitigation of climate change and derive thereof national inventories of the need and market potential for technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases
(Article 4.1(b) and (c)).
(g) In respect of national communications (Article 4.1(j)):
(i) Arrangements for in-depth reviews of Annex I Parties
communications should be strengthened along the lines of the
Organisation of Economic Co-operation and Development (OECD)
Countries Environmental Performance Reviews (that is, including a
formal opportunity for other Parties to ask questions about the
review findings); and
(ii) In-depth reviews of non-Annex I Parties' communications
should be introduced along the lines of existing arrangements for
Annex I Parties.
184.2 Bilateral/multilateral cooperation
(a) Parties to cooperate in identifying and agreeing specific
means and approaches to foster bilateral, regional and global
cooperation to facilitate mitigation and adaptation to climate
change, including:
(i) Development of national inventories of greenhouse gas
emissions (Article 4.1(a));
(ii) Formulation and implementation of relevant programmes of
measures to mitigate and adapt to climate change, with a special
consideration of measures which also favour the economic development
of Parties as well as of measures in sectors largely open to
international competition (Article 4.1(b)); and
(iii) The development, application and diffusion, including
transfer of technologies, practices and processes that control,
reduce or prevent greenhouse gas emissions particularly in sectors
strongly exposed to international competition (Article 4.1(c)).
(b) Participation, on a voluntary basis, in activities implemented jointly
(Article 4.1(b)); and
(c) Develop and implement indicators relevant to mitigation
of and adaptation to climate change in the context of sustainable
development with particular reference to paragraph 4 of Decision 4/5
adopted by the United Nations Commission on Sustainable Development
(CSD) at its fourth session, in 1996 (Article 4.1(f)).
184.3 Participation in work of international organizations
(Articles 4.1(g), (h) and (i)):
(a) Parties, to the extent possible, to support and/or
participate in the work of:
(i) International bodies, such as the World Meteorological Organization (WMO), the United Nations Environment Programme (UNEP), IMO and ICAO, in examining, elaborating, assessing, developing and implementing strategies for mitigation and adaptation to climate change; and
(ii) International programmes related to climate change, such as the
World Climate Programme and the forthcoming Climate Agenda
proposal, as well as the System for Analysis, Research and Training
(START) initiative of the International Geosphere-Biosphere Programme
(IGBP) and the scientific and educational programmes of WMO and UNEP
as they are developed.
185. Recognizing the progress that has been made to date in
implementing commitments under Article 4.1 of the
Convention,
(a) The Parties reaffirm their commitments under Article 4.1
of the Convention and the need to continue to advance the
implementation of such commitments;
(b) Each Party shall strengthen its legal and institutional
framework to advance the implementation of its commitments under
Article 4.1 of the Convention;
(c) Each Party shall take measures to facilitate investment
in climate-friendly technologies;
(d) Each Party shall report, as part of its communication
under the Convention, on how it is promoting public education and
participation in the development of climate change
policy;
(e) Each Party that is neither in Annex A nor Annex
B(41) shall identify and implement "no
regrets" measures for mitigating net anthropogenic emissions of
greenhouse gases, including any identified through the review process
under paragraph 185(g) below. In this regard, each such
Party shall also:
(i) Quantify the effects of the measures it
implements;
(ii) Evaluate barriers to the adoption of potential measures;
and
(iii) Report to the secretariat, as part of its communication
under the Convention, on the measures it has implemented, plans to
implement, and barriers to the adoption of potential
measures.
(f) Each Party that is neither in Annex A nor Annex B shall
submit to the secretariat, on an annual basis, its inventory of
greenhouse gas emissions. Such inventory shall be consistent with any
guidelines adopted by the Parties; and
(g) The Parties shall establish a process for reviewing
communications received under the Convention from the Parties
identified in paragraphs 185(e) and 185(f). The process shall be
designed:
(i) To enable the review of the effects of individual measures described in
paragraph 185(e);
(ii) To assist such Parties in identifying and implementing
"no regrets" measures for mitigating net anthropogenic emissions of
greenhouse gases;
(iii) To seek to identify key sectors and technological
options within them;
(iv) To consider possibilities for promoting voluntary arrangements with industry aimed at identifying and encouraging implementation of
"no regrets" measures; and
(v) To explore various means through which such Parties could
obtain both the know-how and the technology needed to implement
options identified.
186. The Parties reaffirm their commitments under Article 4.1
of the Convention and the need to continue to advance the
implementation of these commitments. The Parties will develop further
international cooperation on the basis of mutually beneficial
incentive structures for addressing climate change and the adverse
effects thereof.
186.1 To this effect Parties will strengthen their respective
legal and institutional frameworks, as appropriate, to advance the
implementation of their commitments under Article 4.1 of the
Convention, and strengthen efforts to facilitate investments and
transfer of climate-friendly technologies in accordance with Articles
4.3, 4.5 and 4.7 of the Convention.
186.2 The Parties fully recognize the important role that the
development and transfer of technology should perform for the
mitigation of climate change, and will make every effort to ensure
that this role is fulfilled.
187. Transfer of material, equipment and technology for
renewable sources of energy including solar, nuclear and biomass to
developing countries, on concessional and preferential terms, shall
be ensured. In this context, developed country parties shall remove
all restrictions on such transfers.
188. Having regard to the special situation of developing countries and developing countries with economies in transition, which lack financial resources and expertise, in order to accelerate the development, application, dissemination and transfer of environmentally friendly technology, methods and processes, the Conference of the Parties may request the entity or entities entrusted with the operation of the financial mechanism referred to in
Article 11 of the Convention to make available, as a
matter of priority, financial assistance for the widespread
introduction of the know-how and technology developed in these
countries.
189. The provisions of Article 6 of the Convention shall
apply to this Protocol.
190. The Parties shall, within six months of the third
Conference of the Parties, adopt binding provisions to enable the
Parties to have qualitative greenhouse gas emissions
obligations.
Proposal 1
191. Beyond the emission limitation commitments to be
taken by Annex [*] Parties(42) pursuant to
this [Protocol]:
(a) Emission limitation commitments by Annex [*] Parties will be contingent upon the extent of participation by non-Annex [*] Parties in action to restrain emissions;
(b) Emission limitation commitments should be determined with reference to a longer-term atmospheric concentration goal consistent with the ultimate objective of the Convention to prevent dangerous anthropogenic interference with the climate; and
(c) Emission limitation commitments for each Party should be
specified as proportional shares of a global emissions budget, with
reference to a longer term atmospheric concentration goal consistent
with the ultimate objective of the Convention to prevent dangerous
anthropogenic interference with the climate.
Proposal 2
192. The future development of the commitments of all Parties is
related to the continuation and extension of those activities
implemented by all Parties to promote the achievement of the ultimate
objective of the Convention which are relevant to achieving
sustainable progress under Article 4.1 of the
Convention.
Proposal 3
193. The Parties shall adopt, by [2005], binding provisions so
that all Parties have quantitative greenhouse gas emissions
obligations and so that there is a mechanism for automatic
application of progressive greenhouse gas emissions obligations to
Parties, based upon agreed criteria.
Proposal 4
194. Any further development of commitments shall be in
accordance with Article 4.2(d) of the Convention.
Proposal 5
195. As a further step towards meeting the objective of stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, Parties to the Protocol not subject to QELROs under the Protocol shall commence negotiations with all Parties to agree upon QELROs for those Parties. Such negotiations shall commence as soon as possible but no later than by the
[x Conference of the Parties]
[x Meeting of the Parties] and shall
be concluded no later than the [x
Conference of the Parties] [x Meeting
of the Parties].
195.1 [The Parties] [The Conference of the Parties] shall
periodically conduct a review of Annexes
[x] and
[xx] of the Protocol with a view to
taking any decisions regarding amendments [, that may be appropriate]
[, based on appropriate criteria determined by [all] Parties,] with
respect to the addition or deletion of Parties from the lists in
those Annexes, with the approval of the Party[ies] concerned. The
first review shall take place no later than
[xx], with subsequent reviews to take
place [every [x] years thereafter] [as
appropriate, to be determined by the Parties].
Proposal 1
196. The Conference of the Parties to the Convention shall serve as the Conference of the Parties to the Protocol. To this end, for the purposes of Articles 5 to 8
(see paragraphs 196-196.2, 199-200.1 and
203-203.2) of this Protocol references in Articles 7
to 10 of the Convention to "the Convention" and "the Parties" shall
be understood as references to "the Protocol" and "the Parties to the
Protocol" respectively.
196.1 When the Conference of the Parties exercises its
functions with regard to matters concerning the Protocol, decisions
shall be taken only by those of its members that are, at the same
time, Parties to the Protocol.
196.2 When the Conference of the Parties exercises its
functions with regard to matters concerning the Protocol, any member
of the Bureau of the Conference of the Parties representing a Party
to the Convention, but, at the same time, not a Party to the
Protocol, shall be substituted by an additional member to be elected
by and from the Parties to the Protocol.
Proposal 2
197. A Meeting of the Parties is hereby established. The
Meeting of the Parties shall keep under regular review the
implementation of the Protocol and shall make, within its mandate,
the decisions necessary to achieve its effective implementation. To
this end, it shall:
(a) Periodically review the commitments of the Parties and
the institutional arrangements under the Protocol, in the light of
the objective and principles of the Convention, the experience gained
in the implementation of the Protocol and the evolution of scientific
and technological knowledge;
(b) Adopt targets and timetables referred to in Article 3.1
(see paragraph
110);
(c) Review and revise the commitments of Annex I Parties referred to in
Article 3.2 (see paragraph
174);
(d) Receive, review and ensure the publication of information
submitted to it, including the reports submitted by Parties pursuant
to Article 5 (see paragraphs
154-154.2);
(e) Regularly assess the overall aggregated effect of the steps taken by
Annex I Parties in the light of the latest scientific
assessments concerning climate change, and of the Protocol's
objective, and ensure the publication of such
assessments;
(f) At its first Meeting, agree upon and adopt by consensus,
rules of procedure and financial rules for itself and for any
subsidiary body;
(g) Receive reports from, and if necessary give guidance to,
the financial mechanism and to subsidiary bodies on matters relating
to the implementation of this Protocol;
(h) Seek and utilize, where appropriate, the services and
cooperation of, and information provided by, competent international
organizations and intergovernmental and non-governmental
bodies;
(i) Establish further subsidiary bodies as may be deemed
necessary for the implementation of the Protocol;
(j) Make recommendations on any matters necessary for the
implementation of this Protocol;
(k) Consider and, if approved, adopt proposals for any
amendment of or addition to this Protocol or any annex thereto;
and
(l) Exercise such other functions as are required for the
implementation of this Protocol, including any functions assigned to
it by the Conference of the Parties.
197.1 The secretariat shall convene the first Meeting of the Parties not later than one year after the date of the entry into force of this Protocol and, if feasible, in conjunction with a meeting of the Conference of the Parties. Thereafter, ordinary sessions of the
Meeting of the Parties shall be held every year in conjunction with sessions of the
Conference of the Parties, unless otherwise decided by the
Meeting of the Parties.
197.2 Extraordinary sessions of the Meeting of the Parties
shall be held at such other times as may be deemed necessary by the
Meeting of the Parties, or at the written request of any Party,
provided that, within six months of such a request being communicated
to the Parties by the secretariat, it is supported by at least one
third of the Parties.
197.3 The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State not party to this Protocol, may be represented at any
Meeting of the Parties as observers. Any body or agency, whether national or international, governmental or non-governmental, which is qualified in matters covered by the Protocol and which has informed the secretariat of its wish to be represented at a session of the
Meeting of the Parties as an observer, may be so admitted
unless at least one third of the Parties present object. The
admission and participation of observers shall be subject to the
rules of procedure adopted by the Parties at their first
Meeting.
197.4 The first Meeting of the Parties shall adopt by consensus financial rules, in accordance with guidance received from the Conference of the Parties, to ensure that any additional funds for the operation of this Protocol are provided by the Parties to this Protocol.
Proposal 3
198. The Parties shall hold meetings at regular intervals.
The secretariat shall convene the first meeting of the Parties not
later than one year after the date of the entry into force of this
Protocol and in conjunction with a meeting of the Conference of the
Parties to the Convention.
198.1 Subsequent meetings of the Parties shall be held,
unless the Parties decide otherwise, in conjunction with meetings of
the Conference of the Parties to the Convention. Extraordinary
meetings of the Parties shall be held at such other times as may be
deemed necessary by a meeting of the Parties, or at the written
request of a Party, provided that within six months of such a request
being communicated to them by the secretariat, it is supported by at
least one third of the Parties.
198.2 The Parties, at their first meeting,
shall:
(a) Adopt, by consensus, rules of procedure for their
meetings; and
(b)
[other].
198.3 The functions of the meeting of the Parties shall be
to:
(a) Review the implementation of this Protocol, including the
information submitted in accordance with Article 3
(see paragraphs
163-163.7);
(b) Periodically review the adequacy of this Protocol;
and
(c)
[other].
198.4 The United Nations, its specialized agencies and the
International Atomic Energy Agency, as well as any State not party to
this Protocol, may be represented at meetings of the Parties as
observers. Any body or agency, whether national or international,
governmental or non-governmental, qualified in fields relating to
climate change which has informed the secretariat of its wish to be
represented at a meeting of the Parties as an observer may be
admitted unless at least one third of the Parties present object. The
admission and participation of observers shall be subject to the
rules of procedure adopted by the Parties.
Proposal 1
199. The secretariat established by Article 8 of the Convention shall serve as the secretariat to this Protocol [subject to the prior approval of such arrangements by the
Conference of the Parties].
Proposal 2
200. Arrangements made for its functioning under Article 8.3
of the Convention shall apply mutatis
mutandis to the Protocol.
200.1 The functions of the secretariat shall
be:
(a) To compile, synthesize and transmit to the Conference of the Parties reports submitted to it and information communicated to it in accordance with Article 2(e)
(see paragraphs
156-156.2);
(b) To facilitate assistance to the Parties, particularly
developing country Parties, on request, in the compilation and
communication of information required in accordance with the
provisions of the Protocol; and
(c) To perform other secretariat functions specified in the
Protocol and such other functions as may be determined by the
Conference of the Parties.
Proposal 3
201. The costs of secretariat services for this Protocol
shall be met only by Parties thereto.
Proposal 4
202. The secretariat of the Convention shall serve as the secretariat of the protocol/another legal instrument. Functions provided in Article 8.3 of the Convention shall apply
mutatis mutandis to the
protocol/another legal instrument.
203. The Subsidiary Body for Scientific and Technological
Advice and the Subsidiary Body for Implementation of the Convention
(hereinafter referred to as "the Subsidiary Bodies") shall serve as
the Subsidiary Body for Scientific and Technological Advice and the
Subsidiary Body for Implementation of the Protocol [subject to the
prior approval of such arrangements by the Conference of the
Parties].
203.1 When the Subsidiary Bodies exercise their functions
with regard to matters concerning the Protocol, decisions shall be
taken only by those of their members that are, at the same time,
Parties to the Protocol.
203.2 When the Subsidiary Bodies exercise their functions
with regard to matters concerning the Protocol, any member of the
bureau of the Subsidiary Bodies representing a Party to the
Convention, but, at the same time, not a Party to the Protocol, shall
be substituted by an additional member to be elected by and from the
Parties to the Protocol.
204. A mechanism to facilitate Annex I Parties' coordination of measures developed to achieve the objective of the Convention is hereby established to provide the
Meeting of the Parties and, as appropriate, the institutions
established by the Convention and other relevant international
organizations with timely advice on the coordination of such
measures.
204.1 The mechanism shall provide advice on the full range of
measures the coordination of which could assist Annex I Parties
implement their commitments to combat climate change and the adverse
effects thereof. These measures shall include, inter
alia, the coordination of economic instruments such as
taxes or subsidies, administrative instruments such as least cost or
integrated resource planning, energy efficiency standards and
recycling, and specific measures covering the industrial, energy,
transportation, land use, agriculture, waste management and forestry
sectors.
204.2 The mechanism shall be open to participation by all
Parties to this Protocol and shall be multi-disciplinary. It shall
comprise governmental representatives competent in the relevant field
of expertise. It shall report regularly to the Meeting of the Parties
on all aspects of its work.
204.3 The functions, terms of reference, organization and
operation of this mechanism shall be elaborated further at the first
Meeting of the Parties.
Proposal 1
205. The financial mechanism defined for the purposes of the
Convention, as well as the entity or entities entrusted with its
operation, shall serve as the financial mechanism and entity or
entities for the purpose of the Protocol [subject to the prior
approval of such arrangements by the Conference of the Parties.]
Proposal 2
206. The statements of Article 11 of the
Convention shall be used.