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

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

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

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

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

The proposal to amend Annexes I and II of the Convention by removing the name of Turkey was considered at COP 7, following consideration by SBI 15 (meeting together with COP 7). Parties adopted a decision (26/CP.7) that amends the list in Annex II to the Convention by deleting the name of Turkey and invited Parties to recognize the special circumstances of Turkey, which places Turkey, after becoming a Party, in a situation different from that of other Parties included in Annex I to the Convention. The notification to amend Annex II to the Convention was issued by the UN Secretary-General on 28 December 2001, and the amendment entered into force on 28 June 2002.

Proposal to amend Annex I to add the name of Kazakhstan
In accordance with Article 15 of the Convention, Kazakhstan submitted a note dated 24 April 1999 proposing the inclusion of its name in the list of Parties included in Annex I to the Convention. This proposal was communicated to all Parties, signatories, and, for information, to the Depository, in a note verbale dated 3 May 1999.

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

In the meantime, Kazakhstan, by a note verbale dated 13 June 2000 and in accordance with Article 4.2(g) of the Convention, notified the Depositary that it intends to be bound by the commitments of Annex I Parties set out in Article 4.2(a) and (b). By virtue of the notification and in accordance with Article 1.7 of the Kyoto Protocol (on the definition of the term "Party included in Annex I"), Kazakhstan, upon ratification and entry into force, will be considered an Annex I Party under the Kyoto Protocol. By that same note verbale, Kazakhstan indicated that its request to amend Annex I should be excluded from the agenda of COP 6. Kazakhstan requested that its proposal to add its name to Annex I be placed on the provisional agenda for COP 7.

At COP 7 (Marrakesh, October/November 2001), Parties adopted conclusions, acting upon the recommendation of SBI, that note Kazakhstan had expressed its intention to be bound by Articles 4.2 (a) and (b) of the Convention. Upon ratification of the Kyoto Protocol by Kazakhstan and its entry into force, Kazakhstan becomes an Annex I Party for the purposes of the Protocol, but will remain a non-Annex I Party under the Convention. The COP also noted the interest expressed by Kazakhstan in engaging in negotiations with a view to defining a quantified emission limitation or reduction commitment under Annex B of the Protocol.