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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Convention on
Climate Change (Implementation) Bill
1999
No. ,
1999
(Senator Brown)
A
Bill for an Act to implement the United Nations Framework Convention on Climate
Change, and for related purposes
Contents
A Bill for an Act to implement the United Nations
Framework Convention on Climate Change, and for related
purposes
Preamble
Acknowledging that change in the Earth’s climate and its adverse
effects are a common concern of humankind; and
Concerned that human activities have been substantially increasing the
atmospheric concentrations of greenhouse gases, that these increases enhance the
natural greenhouse effect, and that this will result on average in an additional
warming of the Earth’s surface and atmosphere and may adversely affect
natural ecosystems and humankind; and
Determined to protect the climate system for present and future
generations; and
Recognising that these issues are a matter of international concern;
and
This Act gives effect to Australia’s international obligations
arising from the Framework Convention on Climate Change and, in so far as
climate change affects World Heritage and biodiversity, to Australia’s
obligations arising from the Convention for the Protection of the World Cultural
and Natural Heritage and the Convention on Biological Diversity.
The Parliament of Australia therefore
enacts:
This Act may be cited as the Convention on Climate Change
(Implementation) Act 1999.
This Act commences on the day after the later of the following
days:
(a) the day on which the Convention enters into force for
Australia;
(b) the day on which the Kyoto Protocol enters into force for
Australia.
This Act extends to the external Territories.
(1) This Act binds the Crown in each of its capacities.
(2) However, nothing in this Act makes the Crown liable to be prosecuted
for an offence.
The Criminal Code applies to all offences against this Act.
In this Act, unless the contrary intention appears:
commitment period means the period during which average
greenhouse gas emissions must not exceed the relevant target.
Convention means the United Nations Framework Convention on
Climate Change (including any Annexes to the Convention), a copy of the English
text of which is set out in Schedule 1, as amended by any amendment of the
Convention that Australia accepts, a copy of the English text of which is set
out in the regulations.
greenhouse gas emissions means emissions of greenhouse gases
measured in tonnes of carbon dioxide equivalents.
Kyoto Protocol means the Kyoto Protocol to the United Nations
Framework Convention on Climate Change, a copy of the English text of which is
set out in Schedule 2, as amended by any amendment of the Protocol that
Australia accepts, a copy of the English text of which is set out in the
regulations.
proposal means a project or process or activity, or any group
of proposals or processes or activities.
sink means a process, activity or mechanism that removes
greenhouse gases or their precursors from the atmosphere.
source category means the sources of greenhouse gas emissions
defined in Annex A of the Kyoto Protocol, as amended from time to
time.
The objects of this Act are:
(a) to ensure that Australia meets its obligations under the Convention;
and
(b) to stabilise greenhouse gas concentrations in the atmosphere at a
level that would prevent further human interference with the climate system;
and
(c) to achieve this level within a timeframe sufficient to:
(i) allow ecosystems to adapt naturally to climate change; and
(ii) safeguard human health and well-being; and
(iii) ensure that food production is not threatened; and
(iv) enable economic development to proceed in a sustainable
manner.
(1) The regulations must set targets for reducing Australia’s
greenhouse gas emissions.
(2) Separate targets must be set for:
(a) each source category; and
(b) the total level of greenhouse gas emissions.
(3) Initial targets set by the regulations must not be more than 108% of
the 1990 emission levels in the commitment period beginning on 1 January 2008
and ending on 31 December 2012.
(4) After each period of 5 years beginning on the day on which this Act
commences, the Minister must review the regulations.
(5) In reviewing the regulations, the Minister must take into account the
findings of a public inquiry into the level of greenhouse gas emissions
conducted by the Greenhouse Office.
The Minister must take all reasonable steps to ensure that Australia
meets its obligations under:
(a) Article 3 of the Kyoto Protocol; and
(b) Article 12 of the Kyoto Protocol in relation to the clean development
mechanism.
However, in assessing Australia’s achievements in relation to Article
12, the Minister must not take into account any contribution by nuclear or
fossil fuel technologies.
(1) The Greenhouse Office is established.
(2) The Office consists of the Director of the Greenhouse Office and the
staff referred to in section 23.
(1) There is a Director of the Greenhouse Office.
(2) The Director has management of the Office.
(1) The functions of the Office are as follows:
(a) to publish annually an inventory of greenhouse gas
emissions;
(b) to monitor Australia’s compliance with the Convention;
(c) to receive, and advise the Minister on, applications made under Part
5;
(d) to undertake public inquiries into the level of greenhouse gas
emissions;
(e) to raise public awareness of greenhouse issues through education and
training programs;
(f) to undertake research and development in the area of technology
transfer;
(g) to provide policy advice to the Minister about greenhouse
issues;
(h) to oversee trading in greenhouse gas emissions;
(i) to undertake such other functions as are necessary or convenient for
the administration of this Act.
(2) In addition to any other powers conferred on the Office by this Act,
the Office has power to do all things necessary or convenient to be done for or
in connection with the performance of the functions of the Office.
(1) The Office must, as soon as practicable, and in any event within 6
months, after each 30 June, submit to the Minister a report on:
(a) progress towards reducing greenhouse gas emissions; and
(b) the performance by the Office of its functions;
during the year that ended on that 30 June.
(2) The Office may, from time to time, submit to the Minister a report in
respect of any matter relating to, or connected with, the exercise of the
powers, or the performance of the functions, of the Office under this
Act.
(3) Where a report has been submitted to the Minister under subsection (1)
or (2), the Minister must cause a copy of the report to be laid before each
House of the Parliament within 15 sitting days of that House after the day on
which the Minister receives the report.
The Director shall be appointed by the Governor-General.
(1) The Director holds office for such period, not exceeding 5 years, as
is specified in the instrument of appointment, but is eligible for
re-appointment.
(2) The Director holds office, subject to this Part, on such terms and
conditions as are determined by the Governor-General.
(1) The Director shall be paid:
(a) such remuneration as is determined by the Governor-General;
and
(b) such allowances as are prescribed.
(2) Remuneration and allowances payable to the Director under this section
are to be paid out of money appropriated by the Parliament for the purposes of
the Greenhouse Office.
The Minister may grant leave of absence to the Director upon such terms
and conditions as to remuneration or otherwise as the Minister
determines.
The Director shall not engage in paid employment outside the duties of
the office of Director except with the approval of the Minister.
The Director may resign the office of Director by writing signed and
delivered to the Governor-General.
(1) The Governor-General may terminate the appointment of the Director for
misbehaviour or physical or mental incapacity.
(2) If the Director:
(a) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with creditors or makes an
assignment of remuneration for their benefit; or
(b) engages, except with the approval of the Minister, in paid employment
outside the duties of the office of Director; or
(c) is absent from duty, except on leave of absence granted by the
Minister, for 14 consecutive days or 28 days in any 12 months; or
(d) without reasonable excuse, contravenes section 21;
the Governor-General shall terminate the appointment of the
Director.
The Director shall give written notice to the Minister of all direct or
indirect pecuniary interests that the Director has or acquires.
(1) The Minister may appoint a person to act as the Director:
(a) during a vacancy in the office of Director (whether or not an
appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Director is absent
from duty or from Australia or is, for any reason, unable to perform the duties
of the office of Director;
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(2) While a person is acting as the Director, the person has and may
exercise all the powers, and shall perform all the functions, of the
Director.
(3) An appointment of a person to act as Director may be expressed to have
effect only in such circumstances as are specified in the instrument of
appointment.
(4) The Minister may:
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person appointed to act as the Director;
and
(b) terminate such an appointment at any time.
(5) Where a person is acting as the Director otherwise than by reason of a
vacancy in the office of Director, and the office of Director becomes vacant
while the person is so acting, then, subject to subsection (3), the person may
continue so to act until the Minister otherwise directs, the vacancy is filled
or a period of 12 months from the date on which the vacancy occurred expires,
whichever first happens.
(6) A person appointed to act as the Director may resign by writing signed
and delivered to the Minister.
(7) The validity of anything done by or in relation to a person purporting
to act as the Director shall not be called in question on the ground that the
occasion for the appointment had not arisen, that there was a defect or
irregularity in or in connection with the appointment, that the appointment had
ceased to have effect or that the occasion for the person to act had not arisen
or had ceased.
(1) The staff required for the purposes of this Act shall be persons
appointed or employed under the Public Service Act 1922.
(2) The Director has all the powers of, or exercisable by, a Secretary
under the Public Service Act 1922 so far as those powers relate to the
branch of the Australian Public Service comprising the staff referred to in
subsection (1) as if that branch were a separate Department of the Australian
Public Service.
(1) The Office may, on behalf of the Commonwealth, engage as consultants
to the Office persons having suitable qualifications and experience.
(2) The terms and conditions of engagement of persons engaged under
subsection (1) are such as are determined by the Office.
A person must not take an action that:
(a) results or will result in emissions of greenhouse gases in excess of
50,000 tonnes in any period of 12 months; or
(b) is likely to result in emissions of greenhouse gases in excess of
50,000 tonnes in any period of 12 months;
unless the Minister has approved the action under section 30.
Civil penalty:
(a) for an individual—5,000 penalty units;
(b) for a body corporate—50,000 penalty units.
A person must not take an action that, in the opinion of the
Minister:
(a) has inhibited, or will inhibit the achievement of targets for reducing
greenhouse gas emissions; or
(b) is likely to inhibit the achievement of targets for reducing
greenhouse gas emissions;
unless the Minister has approved the action under section 30.
Civil penalty:
(a) for an individual—5,000 penalty units;
(b) for a body corporate—50,000 penalty units.
(1) A person is guilty of an offence if:
(a) the person takes an action; and
(b) the action results or will result in emissions of greenhouse gases in
excess of 50,000 tonnes in any period of 12 months.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(2) A person is guilty of an offence if:
(a) the person takes an action; and
(b) the action is likely to result in emissions of greenhouse gases in
excess of 50,000 tonnes in any period of 12 months and the person is reckless as
to that fact.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(3) An offence against subsection (1) or (2) is punishable on conviction
by imprisonment for a term not more than 7 years, a fine not more than 420
penalty units or both.
Note 1: Subsection 4B(3) of the Crimes Act 1914 lets
a court fine a body corporate up to 5 times the maximum amount the court could
fine a person under this subsection.
Note 2: An executive officer of a body corporate convicted
of an offence against this section may also be guilty of an offence against
section 28.
(4) Subsections (1) and (2) do not apply to an action if the Minister has
approved the action under section 30.
Note: The defendant bears an evidential burden in relation
to the matters in this subsection. See subsection 13.3(3) of the Criminal
Code.
Civil penalties for executive officers of bodies corporate
(1) If:
(a) a body corporate contravenes section 25 or 26; and
(b) an executive officer of the body knew that, or was reckless or
negligent as to whether, the contravention would occur; and
(c) the officer was in a position to influence the conduct of the body in
relation to the contravention; and
(d) the officer failed to take all reasonable steps to prevent the
contravention;
the officer contravenes this subsection.
(2) Subsection (1) is a civil penalty provision.
Civil penalty: 50,000 penalty units.
Criminal liability of executive officers of bodies
corporate
(3) If:
(a) a body corporate contravenes section 27; and
(b) an executive officer of the body knew that, or was reckless or
negligent as to whether, the contravention would occur; and
(c) the officer was in a position to influence the conduct of the body in
relation to the contravention; and
(d) the officer failed to take all reasonable steps to prevent the
contravention;
the officer is guilty of an offence punishable on conviction by
imprisonment for a term not more than 7 years.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: Subsection 4B(2) of the Crimes Act 1914 lets
a court that convicts an individual of an offence impose a fine instead of, or
as well as, imprisonment. The maximum fine (in penalty units) the court can
impose is 5 times the maximum term of imprisonment (in months).
What are reasonable steps?
(4) For the purposes of subsections (1) and (3), in determining whether an
executive officer of a body corporate failed to take all reasonable steps to
prevent the contravention, a court is to have regard to:
(a) what action (if any) the officer took directed towards ensuring the
following (to the extent that the action is relevant to the
contravention):
(i) that the body arranges regular professional assessments of the
body’s compliance with sections 25, 26 and 27;
(ii) that the body implements any appropriate recommendations arising from
such an assessment;
(iii) that the body has an appropriate system established for managing the
effects of the body’s activities on the environment;
(iv) that the body’s employees, agents and contractors have a
reasonable knowledge and understanding of the requirements to comply with this
Act and the regulations, in so far as those requirements affect the employees,
agents or contractors concerned; and
(b) what action (if any) the officer took when he or she became aware that
the body was contravening section 25, 26 or 27.
(5) Subsection (4) does not, by implication, limit the generality of
subsection (1) or (3).
(6) In this section:
executive officer of a body corporate means a person, by
whatever name called and whether or not a director of the body, who is concerned
in, or takes part in, the management of the body.
(1) The Commonwealth or a Commonwealth agency must not take an action that
has led, will lead or is likely to lead to emissions of greenhouse gases in
excess of 50,000 tonnes in any period of 12 months.
Civil penalty:
(a) for a Commonwealth agency that is an individual—1,000 penalty
units;
(b) for a Commonwealth agency that is a body corporate—10,000
penalty units.
(2) The Commonwealth or a Commonwealth agency must not take an action
that, in the opinion of the Minister, inhibits, will inhibit, or is likely to
inhibit, the achievement of targets for reducing greenhouse gas
emissions.
Civil penalty:
(a) for a Commonwealth agency that is an individual—1,000 penalty
units;
(b) for a Commonwealth agency that is a body corporate—10,000
penalty units.
(3) Subsections (1) and (2) do not apply to an action if the Minister has
approved the taking of the action under section 30.
The Minister may approve an application by a person or a Commonwealth
agency to take an action that:
(a) will, or is likely to, result in emissions of greenhouse gases in
excess of 50,000 tonnes in any period of 12 months; or
(b) will, or is likely to, inhibit the achievement of targets for reducing
greenhouse gas emissions;
if the Minister has first considered advice from the Greenhouse Office
about the proposed action and is satisfied that:
(c) there is no prudent or feasible alternative to the action;
and
(d) the action will not prevent Australia from achieving targets for the
reduction of greenhouse gas emissions set out in the Kyoto Protocol, as amended
from time to time, or—if the targets set under section 7 are more
stringent than the targets set out in the Kyoto Protocol—the targets set
under section 7.
(1) A person (the proponent) who proposes to take an action
that:
(a) will, or is likely to, result in emissions of greenhouse gases in
excess of 50,000 tonnes in any period of 12 months; or
(b) will, or is likely to, inhibit the achievement of targets for reducing
greenhouse gas emissions;
must lodge an application in the prescribed form with the Greenhouse
Office.
(2) The proponent must include with an application a Greenhouse Impact
Assessment prepared in accordance with the regulations.
(1) After receiving a Greenhouse Impact Assessment under section 31, the
Greenhouse Office must within 30 days obtain an evaluation of the assessment
from an independent environmental auditor.
(2) In this section:
independent environmental auditor means a person appointed by
the Director who is:
(a) qualified to carry out environmental audits; and
(b) a fit and proper person within the meaning of section 27 of the
National Environment Protection Measures (Implementation) Act
1998;
and who is not employed by the proponent, the Commonwealth or a
Commonwealth authority and has not, since the commencement of this Act, provided
services to the proponent, the Commonwealth or a Commonwealth authority under or
in connection with a contract.
(1) After receiving an evaluation of a Greenhouse Impact Assessment from
an independent environmental auditor the Greenhouse Office must:
(a) make copies of the assessment and the evaluation available on the
Internet and on request to members of the public; and
(b) cause a notice to be published:
(i) in the Gazette;
(ii) in a daily newspaper circulating in each State and Territory likely
to be affected by the proposed action by the proponent; and
(iii) on the Internet.
(2) A notice under paragraph (1)(b) must:
(a) state that a Greenhouse Impact Assessment and an independent
evaluation of it have been prepared; and
(b) specify how copies of the assessment and evaluation may be obtained;
and
(c) invite persons to make written comments to the Director about the
assessment or the evaluation, or both; and
(d) specify:
(i) an address for lodgment of comments; and
(ii) a day by which comments must be made.
(3) The day specified must not be a day occurring within 2 months after
the notice is published in the Gazette.
In advising the Minister about the proponent’s application, the
Greenhouse Office must:
(a) consider all written comments made to the Director on or before the
day, and at the address for lodgment, specified in the notice; and
(b) include in the advice a report on the comments and their
consideration.
The Minister may, at any time, direct a person to prepare a Greenhouse
Impact Assessment of an action.
(1) Within 6 months after the commencement of this Act, the Minister must
appoint a task force in relation to each source category:
(a) to prepare and give to the Minister an industry greenhouse plan for
that source category; and
(b) to make recommendations to the Minister about the achievement of
targets relating to that source category.
(2) A task force is to have such other functions as are prescribed in the
regulations.
(3) A task force is to be constituted and is to carry out its functions in
accordance with the regulations.
(4) Regulations for the purpose of the section must not be made before the
Minister has consulted the relevant industries and the public about the
composition and operation of the task forces.
If, at the expiration of 2 years after the commencement of this Act, a
task force has not prepared an industry greenhouse plan for a source category,
the Greenhouse Office must prepare and give to the Minister an industry
greenhouse plan for that source category within 6 months.
The Minister must cause all industry greenhouse plans to be available on
the Internet and on request to members of the public within one month after
being received by the Minister.
(1) At least once in every period of 3 years, the Minister must cause a
review to be undertaken of each industry greenhouse plan.
(2) A review mentioned in subsection (1) may be undertaken by the relevant
taskforce or by such other person or persons as the Minister, on the advice of
the Greenhouse Office, determines.
(1) There is payable to the Greenhouse Office such money as is from time
to time appropriated by the Parliament for the purposes of the Office.
(2) The Minister for Finance may give directions as to the amounts in
which, and the times at which, money referred to in subsection (1) is to be paid
to the Office.
(1) The Governor-General may make regulations prescribing all
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) Regulations made in relation to an agreement that has not entered into
force for Australia are not to come into operation on a day earlier than the day
on which the agreement enters into force for Australia.
(1) It is the intention of the Parliament that information received by the
Minister, prepared by the Greenhouse Office or otherwise prepared for the
purposes of this Act, be made public.
(2) However, the Minister may determine that certain information not be
made public if the Minister believes it is not in the public interest to do
so.
(3) For the avoidance of doubt, a document that would be an exempt
document under the Freedom of Information Act 1982 on the grounds of
commercial confidence is not information to which subsection (2) applies unless
the Minister has determined that the commercial detriment that may result from
the publication of the particular information outweighs the public interest in
that case.
(4) The Minister may also consider the defence or security of the
Commonwealth when determining what is in the public interest. This does not
limit the matters the Minister may consider.
Schedule
1—United Nations Framework Convention on
Climate Change
The Parties to this Convention,
Acknowledging that change in the Earth’s climate and its
adverse effects are a common concern of humankind,
Concerned that human activities have been substantially increasing
the atmospheric concentrations of greenhouse gases, that these increases enhance
the natural greenhouse effect, and that this will result on average in an
additional warming of the Earth’s surface and atmosphere and may adversely
affect natural ecosystems and humankind,
Noting that the largest share of historical and current global
emissions of greenhouse gases has originated in developed countries, that 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,
Aware of the role and importance in terrestrial and marine
ecosystems of sinks and reservoirs of greenhouse gases,
Noting that there are many uncertainties in predictions of climate
change, particularly with regard to the timing, magnitude and regional patterns
thereof,
Acknowledging 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,
Recalling the pertinent provisions of the Declaration of the United
Nations Conference on the Human Environment, adopted at Stockholm on 16 June
1972,
Recalling also that States have, in accordance with the Charter of
the United Nations and the principles of international law, the sovereign right
to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities within
their jurisdiction or control do not cause damage to the environment of other
States or of areas beyond the limits of national jurisdiction,
Reaffirming the principle of sovereignty of States in international
cooperation to address climate change,
Recognizing that States should enact effective environmental
legislation, that environmental standards, management objectives and priorities
should reflect the environmental and developmental context to which they apply,
and that standards applied by some countries may be inappropriate and of
unwarranted economic and social cost to other countries, in particular
developing countries,
Recalling the provisions of General Assembly resolution 44/228 of 22
December 1989 on the United Nations Conference on Environment and Development,
and resolutions 43/53 of 6 December 1988, 44/207 of 22 December 1989, 45/212 of
21 December 1990 and 46/169 of 19 December 1991 on protection of global climate
for present and future generations of mankind,
Recalling also the provisions of General Assembly resolution 44/206
of 22 December 1989 on the possible adverse effects of sea-level rise on islands
and coastal areas, particularly low-lying coastal areas and the pertinent
provisions of General Assembly resolution 44/172 of 19 December 1989 on the
implementation of the Plan of Action to Combat Desertification,
Recalling further the Vienna Convention for the Protection of the
Ozone Layer, 1985, and the Montreal Protocol on Substances that Deplete the
Ozone Layer, 1987, as adjusted and amended on 29 June 1990,
Noting the Ministerial Declaration of the Second World Climate
Conference adopted on 7 November 1990,
Conscious of the valuable analytical work being conducted by many
States on climate change and of the important contributions of the World
Meteorological Organization, the United Nations Environment Programme and other
organs, organizations and bodies of the United Nations system, as well as other
international and intergovernmental bodies, to the exchange of results of
scientific research and the coordination of research,
Recognizing that steps required to understand and address climate
change will be environmentally, socially and economically most effective if they
are based on relevant scientific, technical and economic considerations and
continually re-evaluated in the light of new findings in these areas,
Recognizing that various actions to address climate change can be
justified economically in their own right and can also help in solving other
environmental problems,
Recognizing also the need for developed countries to take immediate
action in a flexible manner on the basis of clear priorities, as a first step
towards comprehensive response strategies at the global, national and, where
agreed, regional levels that take into account all greenhouse gases, with due
consideration of their relative contributions to the enhancement of the
greenhouse effect,
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
mountainous ecosystems are particularly vulnerable to the adverse effects of
climate change,
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,
Affirming that responses 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
priority needs of developing countries for the achievement of sustained economic
growth and the eradication of poverty,
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,
Determined to protect the climate system for present and future
generations,
Have agreed as follows:
ARTICLE 1
DEFINITIONS*
For the purposes of this Convention:
1... “Adverse effects of climate change” means changes in the
physical environment or biota resulting from climate change which have
significant deleterious effects on the composition, resilience or productivity
of natural and managed ecosystems or on the operation of socio-economic systems
or on human health and welfare.
2... “Climate change” means a change of climate which is
attributed directly or indirectly to human activity that alters the composition
of the global atmosphere and which is in addition to natural climate variability
observed over comparable time periods.
3... “Climate system” means the totality of the atmosphere,
hydrosphere, biosphere and geosphere and their interactions.
4... “Emissions” means the release of greenhouse gases and/or
their precursors into the atmosphere over a specified area and period of
time.
5... “Greenhouse gases” means those gaseous constituents of the
atmosphere, both natural and anthropogenic, that absorb and re-emit infrared
radiation.
6... “Regional economic integration organization” means an
organization constituted by sovereign States of a given region which has
competence in respect of matters governed by this Convention or its protocols
and has been duly authorized, in accordance with its internal procedures, to
sign, ratify, accept, approve or accede to the instruments concerned.
7... “Reservoir” means a component or components of the climate
system where a greenhouse gas or a precursor of a greenhouse gas is
stored.
8... “Sink” means any process, activity or mechanism which
removes a greenhouse gas, an aerosol or a precursor of a greenhouse gas from the
atmosphere.
9... “Source” means any process or activity which releases a
greenhouse gas, an aerosol or a precursor of a greenhouse gas into the
atmosphere.
* Titles of articles are included solely to assist the reader.
ARTICLE 2
OBJECTIVE
The ultimate objective of this 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. 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.
ARTICLE 3
PRINCIPLES
In their actions to achieve the objective of the Convention and to
implement its provisions, the Parties shall be guided, INTER ALIA, by the
following:
1....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.
2....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.
3....The Parties should 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 should not be used as a reason for postponing such measures, taking
into account that policies and measures to deal with climate change should be
cost-effective so as to ensure global benefits at the lowest possible cost. To
achieve this, such policies and measures should take into account different
socio-economic contexts, be comprehensive, cover all relevant sources, sinks and
reservoirs of greenhouse gases and adaptation, and comprise all economic
sectors. Efforts to address climate change may be carried out cooperatively by
interested Parties.
4....The Parties have a right to, and should, promote sustainable
development. Policies and measures to protect the climate system against
human-induced change should be appropriate for the specific conditions of each
Party and should be integrated with national development programmes, taking into
account that economic development is essential for adopting measures to address
climate change.
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.
ARTICLE 4
COMMITMENTS
1....All Parties, taking into account their common but differentiated
responsibilities and their specific national and regional development
priorities, objectives and circumstances, shall:
(a)....Develop, periodically update, publish and make available to the
Conference of the Parties, in accordance with Article 12, national inventories
of anthropogenic emissions by sources and removals by sinks of all greenhouse
gases not controlled by the Montreal Protocol, using comparable methodologies to
be agreed upon by the Conference of the Parties;
(b)....Formulate, implement, publish and regularly update 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, and measures to
facilitate adequate adaptation to climate change;
(c)....Promote and cooperate in the development, application and diffusion,
including transfer, of technologies, 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;
(d)....Promote sustainable management, and promote and cooperate in the
conservation and enhancement, as appropriate, of sinks and reservoirs of all
greenhouse gases not controlled by the Montreal Protocol, including biomass,
forests and oceans as well as other terrestrial, coastal and marine
ecosystems;
(e)....Cooperate in preparing for adaptation to the impacts of climate
change; develop and elaborate appropriate and integrated plans for coastal zone
management, water resources and agriculture, and for the protection and
rehabilitation of areas, particularly in Africa, affected by drought and
desertification, as well as floods;
(f)....Take climate change considerations into account, to the extent
feasible, in their relevant social, economic and environmental policies and
actions, and employ appropriate methods, for example impact assessments,
formulated and determined nationally, with a view to minimizing adverse effects
on the economy, on public health and on the quality of the environment, of
projects or measures undertaken by them to mitigate or adapt to climate
change;
(g)....Promote and cooperate in scientific, technological, technical,
socio-economic and other research, systematic observation and development of
data archives related to the climate system and intended to further the
understanding and to reduce or eliminate the remaining uncertainties regarding
the causes, effects, magnitude and timing of climate change and the economic and
social consequences of various response strategies;
(h)....Promote and cooperate in the full, open and prompt exchange of
relevant scientific, technological, technical, socio-economic and legal
information related to the climate system and climate change, and to the
economic and social consequences of various response strategies;
(i)....Promote and cooperate in education, training and public awareness
related to climate change and encourage the widest participation in this
process, including that of non-governmental organizations; and
(j)....Communicate to the Conference of the Parties information related to
implementation, in accordance with Article 12.
2....The developed country Parties and other Parties included in Annex I
commit themselves specifically as provided for in the following:
(a)....Each of these Parties shall adopt national policies and take
corresponding measures on the mitigation of climate change, by limiting its
anthropogenic emissions of greenhouse gases and protecting and enhancing its
greenhouse gas sinks and reservoirs. These policies and measures will
demonstrate that developed countries are taking the lead in modifying
longer-term trends in anthropogenic emissions consistent with the objective of
the Convention, recognizing that the return by the end of the present decade to
earlier levels of anthropogenic emissions of carbon dioxide and other greenhouse
gases not controlled by the Montreal Protocol would contribute to such
modification, and taking into account the differences in these Parties’
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
regarding that objective. These Parties may implement such policies and measures
jointly with other Parties and may assist other Parties in contributing to the
achievement of the objective of the Convention and, in particular, that of this
subparagraph;
(b)....In order to promote progress to this end, each of these Parties
shall communicate, within six months of the entry into force of the Convention
for it and periodically thereafter, and in accordance with Article 12, detailed
information on its policies and measures referred to in subparagraph (a) above,
as well as on its resulting projected anthropogenic emissions by sources and
removals by sinks of greenhouse gases not controlled by the Montreal Protocol
for the period referred to in subparagraph (a), with the aim of returning
individually or jointly to their 1990 levels these anthropogenic emissions of
carbon dioxide and other greenhouse gases not controlled by the Montreal
Protocol. This information will be reviewed by the Conference of the Parties, at
its first session and periodically thereafter, in accordance with Article
7;
(c)....Calculations of emissions by sources and removals by sinks of
greenhouse gases for the purposes of subparagraph (b) above should take into
account the best available scientific knowledge, including of the effective
capacity of sinks and the respective contributions of such gases to climate
change. The Conference of the Parties shall consider and agree on methodologies
for these calculations at its first session and review them regularly
thereafter;
(d)....The Conference of the Parties shall, at its first session, review
the adequacy of subparagraphs (a) and (b) above. Such review shall be carried
out 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. Based on this review, the Conference of the Parties shall
take appropriate action, which may include the adoption of amendments to the
commitments in subparagraphs (a) and (b) above. The Conference of the Parties,
at its first session, shall also take decisions regarding criteria for joint
implementation as indicated in subparagraph (a) above. A second review of
subparagraphs (a) and (b) shall take place not later than 31 December 1998, and
thereafter at regular intervals determined by the Conference of the Parties,
until the objective of the Convention is met;
(e)....Each of these Parties shall:
i)....Coordinate as appropriate with other such Parties, relevant economic
and administrative instruments developed to achieve the objective of the
Convention; and
(ii)....Identify and periodically review its own policies and practices
which encourage activities that lead to greater levels of anthropogenic
emissions of greenhouse gases not controlled by the Montreal Protocol than would
otherwise occur;
(f)....The Conference of the Parties shall review, not later than 31
December 1998, available information with a view to taking decisions regarding
such amendments to the lists in Annexes I and II as may be appropriate, with the
approval of the Party concerned;
(g)....Any Party not included in Annex I 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 subparagraphs (a) and (b)
above. The Depositary shall inform the other signatories and Parties of any such
notification.
3....The developed country Parties and other developed Parties included in
Annex II shall provide new and additional financial resources to meet the agreed
full costs incurred by developing country Parties in complying with their
obligations under Article 12, paragraph 1. They shall also provide such
financial resources, including for the transfer of technology, needed by the
developing country Parties to meet the agreed full incremental costs of
implementing measures that are covered by paragraph 1 of this Article and that
are agreed between a developing country Party and the international entity or
entities referred to in Article 11, in accordance with that Article. The
implementation of these commitments shall take into account the need for
adequacy and predictability in the flow of funds and the importance of
appropriate burden sharing among the developed country Parties.
4....The developed country Parties and other developed Parties included in
Annex II shall also assist the developing country Parties that are particularly
vulnerable to the adverse effects of climate change in meeting costs of
adaptation to those adverse effects.
5....The developed country Parties and other developed Parties included in
Annex II shall take all practicable steps to promote, facilitate and finance, as
appropriate, the transfer of, or access to, environmentally sound technologies
and know-how to other Parties, particularly developing country Parties, to
enable them to implement the provisions of the Convention. In this process, the
developed country Parties shall support the development and enhancement of
endogenous capacities and technologies of developing country Parties. Other
Parties and organizations in a position to do so may also assist in facilitating
the transfer of such technologies.
6....In the implementation of their commitments under paragraph 2 above, a
certain degree of flexibility shall be allowed by the Conference of the Parties
to the Parties included in Annex I undergoing the process of transition to a
market economy, in order to enhance the ability of these Parties to address
climate change, including with regard to the historical level of anthropogenic
emissions of greenhouse gases not controlled by the Montreal Protocol chosen as
a reference.
7....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.
8....In the implementation of the commitments in this Article, the Parties
shall give full consideration to what actions are necessary under the
Convention, 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 impact 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, and/or on consumption of fossil
fuels and associated energy-intensive products; and
(i)....Land-locked and transit countries.
Further, the Conference of the Parties may take actions, as appropriate,
with respect to this paragraph.
9.....The Parties shall take full account of the specific needs and special
situations of the least developed countries in their actions with regard to
funding and transfer of technology.
10....The Parties shall, in accordance with Article 10, take into
consideration in the implementation of the commitments of the Convention 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 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.
ARTICLE 5
RESEARCH AND SYSTEMATIC OBSERVATION
In carrying out their commitments under Article 4, paragraph 1(g), the
Parties shall:
(a)....Support and further develop, as appropriate, international and
intergovernmental programmes and networks or organizations aimed at defining,
conducting, assessing and financing research, data collection and systematic
observation, taking into account the need to minimize duplication of
effort;
(b)....Support international and intergovernmental efforts to strengthen
systematic observation and national scientific and technical research capacities
and capabilities, particularly in developing countries, and to promote access
to, and the exchange of, data and analyses thereof obtained from areas beyond
national jurisdiction; and
(c)....Take into account the particular concerns and needs of developing
countries and cooperate in improving their endogenous capacities and
capabilities to participate in the efforts referred to in subparagraphs (a) and
(b) above.
ARTICLE 6
EDUCATION, TRAINING AND PUBLIC
AWARENESS
In carrying out their commitments under Article 4, paragraph 1(i), the
Parties shall:
(a)....Promote and facilitate at the national and, as appropriate,
subregional and regional levels, and in accordance with national laws and
regulations, and within their respective capacities:
(i)....The development and implementation of educational and public
awareness programmes on climate change and its effects;
(ii)....Public access to information on climate change and its
effects;
(iii)....Public participation in addressing climate change and its effects
and developing adequate responses; and
(iv)....Training of scientific, technical and managerial
personnel.
(b)....Cooperate in and promote, at the international level, and, where
appropriate, using existing bodies:
(i)....The development and exchange of educational and public awareness
material on climate change and its effects; and
(ii)....The development and implementation of education and training
programmes, including the strengthening of national institutions and the
exchange or secondment of personnel to train experts in this field, in
particular for developing countries.
ARTICLE 7
CONFERENCE OF THE PARTIES
1....A Conference of the Parties is hereby established.
2....The Conference of the Parties, as the supreme body of this Convention,
shall keep under regular review the implementation of the Convention and any
related legal instruments that the Conference of the Parties may adopt, and
shall make, within its mandate, the decisions necessary to promote the effective
implementation of the Convention. To this end, it shall:
(a)....Periodically examine the obligations of the Parties and the
institutional arrangements under the Convention, in the light of the objective
of the Convention, the experience gained in its implementation and the evolution
of scientific and technological knowledge;
(b)....Promote and facilitate the exchange of information on measures
adopted by the Parties to address climate change and its effects, taking into
account the differing circumstances, responsibilities and capabilities of the
Parties and their respective commitments under the Convention;
(c)....Facilitate, at the request of two or more Parties, the coordination
of measures adopted by them to address climate change and its effects, taking
into account the differing circumstances, responsibilities and capabilities of
the Parties and their respective commitments under the Convention;
(d)....Promote and guide, in accordance with the objective and provisions
of the Convention, the development and periodic refinement of comparable
methodologies, to be agreed on by the Conference of the Parties, inter alia, for
preparing inventories of greenhouse gas emissions by sources and removals by
sinks, and for evaluating the effectiveness of measures to limit the emissions
and enhance the removals of these gases;
(e)....Assess, on the basis of all information made available to it in
accordance with the provisions of the Convention, the implementation of the
Convention by the Parties, the overall effects of the measures taken pursuant to
the Convention, in particular environmental, economic and social effects as well
as their cumulative impacts and the extent to which progress towards the
objective of the Convention is being achieved;
(f)....Consider and adopt regular reports on the implementation of the
Convention and ensure their publication;
(g)....Make recommendations on any matters necessary for the implementation
of the Convention;
(h)....Seek to mobilize financial resources in accordance with Article 4,
paragraphs 3, 4 and 5, and Article 11;
(i)....Establish such subsidiary bodies as are deemed necessary for the
implementation of the Convention;
(j)....Review reports submitted by its subsidiary bodies and provide
guidance to them;
(k)....Agree upon and adopt, by consensus, rules of procedure and financial
rules for itself and for any subsidiary bodies;
(l)....Seek and utilize, where appropriate, the services and cooperation
of, and information provided by, competent international organizations and
intergovernmental and non-governmental bodies; and
(m)....Exercise such other functions as are required for the achievement of
the objective of the Convention as well as all other functions assigned to it
under the Convention.
3....The Conference of the Parties shall, at its first session, adopt its
own rules of procedure as well as those of the subsidiary bodies established by
the Convention, which shall include decision-making procedures for matters not
already covered by decision-making procedures stipulated in the Convention. Such
procedures may include specified majorities required for the adoption of
particular decisions.
4....The first session of the Conference of the Parties shall be convened
by the interim secretariat referred to in Article 21 and shall take place not
later than one year after the date of entry into force of the Convention.
Thereafter, ordinary sessions of the Conference of the Parties shall be held
every year unless otherwise decided by the Conference of the Parties.
5....Extraordinary sessions of the Conference of the Parties shall be held
at such other times as may be deemed necessary by the Conference, or at the
written request of any Party, provided that, within six months of the request
being communicated to the Parties by the secretariat, it is supported by at
least one third of the Parties.
6....The United Nations, its specialized agencies and the International
Atomic Energy Agency, as well as any State member thereof or observers thereto
not Party to the Convention, may be represented at sessions of the Conference 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
Convention, and which has informed the secretariat of its wish to be represented
at a session of the Conference 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 Conference of the Parties.
ARTICLE 8
SECRETARIAT
1....A secretariat is hereby established.
2....The functions of the secretariat shall be:
(a)....To make arrangements for sessions of the Conference of the Parties
and its subsidiary bodies established under the Convention and to provide them
with services as required;
(b)....To compile and transmit reports submitted to it;
(c)....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 Convention;
(d)....To prepare reports on its activities and present them to the
Conference of the Parties;
(e)....To ensure the necessary coordination with the secretariats of other
relevant international bodies;
(f)....To enter, under the overall guidance of the Conference of the
Parties, into such administrative and contractual arrangements as may be
required for the effective discharge of its functions; and
(g)....To perform the other secretariat functions specified in the
Convention and in any of its protocols and such other functions as may be
determined by the Conference of the Parties.
3....The Conference of the Parties, at its first session, shall designate a
permanent secretariat and make arrangements for its functioning.
ARTICLE 9
SUBSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL
ADVICE
1....A subsidiary body for scientific and technological advice is hereby
established to provide the Conference of the Parties and, as appropriate, its
other subsidiary bodies with timely information and advice on scientific and
technological matters relating to the Convention. This body shall be open to
participation by all Parties and shall be multidisciplinary. It shall comprise
government representatives competent in the relevant field of expertise. It
shall report regularly to the Conference of the Parties on all aspects of its
work.
2.....Under the guidance of the Conference of the Parties, and drawing upon
existing competent international bodies, this body shall:
(a)....Provide assessments of the state of scientific knowledge relating to
climate change and its effects;
(b)....Prepare scientific assessments on the effects of measures taken in
the implementation of the Convention;
(c)....Identify innovative, efficient and state-of-the-art technologies and
know-how and advise on the ways and means of promoting development and/or
transferring such technologies;
(d)....Provide advice on scientific programmes, international cooperation
in research and development related to climate change, as well as on ways and
means of supporting endogenous capacity-building in developing countries;
and
(e)....Respond to scientific, technological and methodological questions
that the Conference of the Parties and its subsidiary bodies may put to the
body.
3....The functions and terms of reference of this body may be further
elaborated by the Conference of the Parties.
ARTICLE 10
SUBSIDIARY BODY FOR IMPLEMENTATION
1....A subsidiary body for implementation is hereby established to assist
the Conference of the Parties in the assessment and review of the effective
implementation of the Convention. This body shall be open to participation by
all Parties and comprise government representatives who are experts on matters
related to climate change. It shall report regularly to the Conference of the
Parties on all aspects of its work.
2....Under the guidance of the Conference of the Parties, this body
shall:
(a)....Consider the information communicated in accordance with Article 12,
paragraph 1, to assess the overall aggregated effect of the steps taken by the
Parties in the light of the latest scientific assessments concerning climate
change;
(b)....Consider the information communicated in accordance with Article 12,
paragraph 2, in order to assist the Conference of the Parties in carrying out
the reviews required by Article 4, paragraph 2(d); and
(c)....Assist the Conference of the Parties, as appropriate, in the
preparation and implementation of its decisions.
ARTICLE 11
FINANCIAL MECHANISM
1....A mechanism for the provision of financial resources on a grant or
concessional basis, including for the transfer of technology, is hereby defined.
It shall function under the guidance of and be accountable to the Conference of
the Parties, which shall decide on its policies, programme priorities and
eligibility criteria related to this Convention. Its operation shall be
entrusted to one or more existing international entities.
2....The financial mechanism shall have an equitable and balanced
representation of all Parties within a transparent system of
governance.
3....The Conference of the Parties and the entity or entities entrusted
with the operation of the financial mechanism shall agree upon arrangements to
give effect to the above paragraphs, which shall include the following:
(a)....Modalities to ensure that the funded projects to address climate
change are in conformity with the policies, programme priorities and eligibility
criteria established by the Conference of the Parties;
(b)....Modalities by which a particular funding decision may be
reconsidered in light of these policies, programme priorities and eligibility
criteria;
(c)....Provision by the entity or entities of regular reports to the
Conference of the Parties on its funding operations, which is consistent with
the requirement for accountability set out in paragraph 1 above; and
(d)....Determination in a predictable and identifiable manner of the amount
of funding necessary and available for the implementation of this Convention and
the conditions under which that amount shall be periodically reviewed.
4....The Conference of the Parties shall make arrangements to implement the
above-mentioned provisions at its first session, reviewing and taking into
account the interim arrangements referred to in Article 21, paragraph 3, and
shall decide whether these interim arrangements shall be maintained. Within four
years thereafter, the Conference of the Parties shall review the financial
mechanism and take appropriate measures.
5....The developed country Parties may also provide and developing country
Parties avail themselves of, financial resources related to the implementation
of the Convention through bilateral, regional and other multilateral channels.
ARTICLE 12
COMMUNICATION OF INFORMATION RELATED TO
IMPLEMENTATION
1....In accordance with Article 4, paragraph 1, each Party shall
communicate to the Conference of the Parties, through the secretariat, the
following elements of information:
(a)....A national inventory of anthropogenic emissions by sources and
removals by sinks of all greenhouse gases not controlled by the Montreal
Protocol, to the extent its capacities permit, using comparable methodologies to
be promoted and agreed upon by the Conference of the Parties;
(b)....A general description of steps taken or envisaged by the Party to
implement the Convention; and
(c)....Any other information that the Party considers relevant to the
achievement of the objective of the Convention and suitable for inclusion in its
communication, including, if feasible, material relevant for calculations of
global emission trends.
2....Each developed country Party and each other Party included in Annex I
shall incorporate in its communication the following elements of
information:
(a)....A detailed description of the policies and measures that it has
adopted to implement its commitment under Article 4, paragraphs 2(a) and 2(b);
and
(b)....A specific estimate of the effects that the policies and measures
referred to in subparagraph (a) immediately above will have on anthropogenic
emissions by its sources and removals by its sinks of greenhouse gases during
the period referred to in Article 4, paragraph 2(a).
3....In addition, each developed country Party and each other developed
Party included in Annex II shall incorporate details of measures taken in
accordance with Article 4, paragraphs 3, 4 and 5.
4....Developing country Parties may, on a voluntary basis, propose projects
for financing, including specific technologies, materials, equipment, techniques
or practices that would be needed to implement such projects, along with, if
possible, an estimate of all incremental costs, of the reductions of emissions
and increments of removals of greenhouse gases, as well as an estimate of the
consequent benefits.
5....Each developed country Party and each other Party included in Annex I
shall make its initial communication within six months of the entry into force
of the Convention for that Party. Each Party not so listed shall make its
initial communication within three years of the entry into force of the
Convention for that Party, or of the availability of financial resources in
accordance with Article 4, paragraph 3. Parties that are least developed
countries may make their initial communication at their discretion. The
frequency of subsequent communications by all Parties shall be determined by the
Conference of the Parties, taking into account the differentiated timetable set
by this paragraph.
6....Information communicated by Parties under this Article shall be
transmitted by the secretariat as soon as possible to the Conference of the
Parties and to any subsidiary bodies concerned. If necessary, the procedures for
the communication of information may be further considered by the Conference of
the Parties.
7....From its first session, the Conference of the Parties shall arrange
for the provision to developing country Parties of technical and financial
support, on request, in compiling and communicating information under this
Article, as well as in identifying the technical and financial needs associated
with proposed projects and response measures under Article 4. Such support may
be provided by other Parties, by competent international organizations and by
the secretariat, as appropriate.
8....Any group of Parties may, subject to guidelines adopted by the
Conference of the Parties, and to prior notification to the Conference of the
Parties, make a joint communication in fulfilment of their obligations under
this Article, provided that such a communication includes information on the
fulfilment by each of these Parties of its individual obligations under the
Convention.
9....Information received by the secretariat that is designated by a Party
as confidential, in accordance with criteria to be established by the Conference
of the Parties, shall be aggregated by the secretariat to protect its
confidentiality before being made available to any of the bodies involved in the
communication and review of information.
10....Subject to paragraph 9 above, and without prejudice to the ability of
any Party to make public its communication at any time, the secretariat shall
make communications by Parties under this Article publicly available at the time
they are submitted to the Conference of the Parties.
ARTICLE 13
RESOLUTION OF QUESTIONS REGARDING
IMPLEMENTATION
The Conference of the Parties shall, at its first session, consider the
establishment of a multilateral consultative process, available to Parties on
their request, for the resolution of questions regarding the implementation of
the Convention.
ARTICLE 14
SETTLEMENT OF DISPUTES
1....In the event of a dispute between any two or more Parties concerning
the interpretation or application of the Convention, the Parties concerned shall
seek a settlement of the dispute through negotiation or any other peaceful means
of their own choice.
2....When ratifying, accepting, approving or acceding to the Convention, or
at any time thereafter, a Party which is not a regional economic integration
organization may declare in a written instrument submitted to the Depositary
that, in respect of any dispute concerning the interpretation or application of
the Convention, it recognizes as compulsory ipso facto and without special
agreement, in relation to any Party accepting the same obligation:
(a)....Submission of the dispute to the International Court of Justice,
and/or
(b)....Arbitration in accordance with procedures to be adopted by the
Conference of the Parties as soon as practicable, in an annex on
arbitration.
A Party which is a regional economic integration organization may make a
declaration with like effect in relation to arbitration in accordance with the
procedures referred to in subparagraph (b) above.
3....A declaration made under paragraph 2 above shall remain in force until
it expires in accordance with its terms or until three months after written
notice of its revocation has been deposited with the Depositary.
4....A new declaration, a notice of revocation or the expiry of a
declaration shall not in any way affect proceedings pending before the
International Court of Justice or the arbitral tribunal, unless the parties to
the dispute otherwise agree.
5....Subject to the operation of paragraph 2 above, if after twelve months
following notification by one Party to another that a dispute exists between
them, the Parties concerned have not been able to settle their dispute through
the means mentioned in paragraph 1 above, the dispute shall be submitted, at the
request of any of the parties to the dispute, to conciliation.
6....A conciliation commission shall be created upon the request of one of
the parties to the dispute. The commission shall be composed of an equal number
of members appointed by each party concerned and a chairman chosen jointly by
the members appointed by each party. The commission shall render a
recommendatory award, which the parties shall consider in good faith.
7....Additional procedures relating to conciliation shall be adopted by the
Conference of the Parties, as soon as practicable, in an annex on
conciliation.
8....The provisions of this Article shall apply to any related legal
instrument which the Conference of the Parties may adopt, unless the instrument
provides otherwise.
ARTICLE 15
AMENDMENTS TO THE CONVENTION
1....Any Party may propose amendments to the Convention.
2....Amendments to the Convention shall be adopted at an ordinary session
of the Conference of the Parties. The text of any proposed amendment to the
Convention shall be communicated to the Parties by the secretariat at least six
months before the meeting at which it is proposed for adoption. The secretariat
shall also communicate proposed amendments to the signatories to the Convention
and, for information, to the Depositary.
3....The Parties shall make every effort to reach agreement on any proposed
amendment to the Convention by consensus. If all efforts at consensus have been
exhausted, and no agreement reached, the amendment shall as a last resort be
adopted by a three-fourths majority vote of the Parties present and voting at
the meeting. The adopted amendment shall be communicated by the secretariat to
the Depositary, who shall circulate it to all Parties for their
acceptance.
4....Instruments of acceptance in respect of an amendment shall be
deposited with the Depositary. An amendment adopted in accordance with paragraph
3 above shall enter into force for those Parties having accepted it on the
ninetieth day after the date of receipt by the Depositary of an instrument of
acceptance by at least three fourths of the Parties to the Convention.
5....The amendment shall enter into force for any other Party on the
ninetieth day after the date on which that Party deposits with the Depositary
its instrument of acceptance of the said amendment.
6....For the purposes of this Article, “Parties present and
voting” means Parties present and casting an affirmative or negative
vote.
ARTICLE 16
ADOPTION AND AMENDMENT OF ANNEXES TO THE
CONVENTION
1....Annexes to the Convention shall form an integral part thereof and,
unless otherwise expressly provided, a reference to the Convention constitutes
at the same time a reference to any annexes thereto. Without prejudice to the
provisions of Article 14, paragraphs 2(b) and 7, such annexes shall be
restricted to lists, forms and any other material of a descriptive nature that
is of a scientific, technical, procedural or administrative character.
2....Annexes to the Convention shall be proposed and adopted in accordance
with the procedure set forth in Article 15, paragraphs 2, 3 and 4.
3....An annex that has been adopted in accordance with paragraph 2 above
shall enter into force for all Parties to the Convention six months after the
date of the communication by the Depositary to such Parties of the adoption of
the annex, except for those Parties that have notified the Depositary, in
writing, within that period of their non-acceptance of the annex. The annex
shall enter into force for Parties which withdraw their notification of
non-acceptance on the ninetieth day after the date on which withdrawal of such
notification has been received by the Depositary.
4....The proposal, adoption and entry into force of amendments to annexes
to the Convention shall be subject to the same procedure as that for the
proposal, adoption and entry into force of annexes to the Convention in
accordance with paragraphs 2 and 3 above.
5....If the adoption of an annex or an amendment to an annex involves an
amendment to the Convention, that annex or amendment to an annex shall not enter
into force until such time as the amendment to the Convention enters into force.
ARTICLE 17
PROTOCOLS
1....The Conference of the Parties may, at any ordinary session, adopt
protocols to the Convention.
2....The text of any proposed protocol shall be communicated to the Parties
by the secretariat at least six months before such a session.
3....The requirements for the entry into force of any protocol shall be
established by that instrument.
4....Only Parties to the Convention may be Parties to a protocol.
5....Decisions under any protocol shall be taken only by the Parties to the
protocol concerned.
ARTICLE 18
RIGHT TO VOTE
1....Each Party to the Convention shall have one vote, except as provided
for in paragraph 2 below.
2....Regional economic integration organizations, in matters within their
competence, shall exercise their right to vote with a number of votes equal to
the number of their member States that are Parties to the Convention. Such an
organization shall not exercise its right to vote if any of its member States
exercises its right, and vice versa.
ARTICLE 19
DEPOSITARY
The Secretary-General of the United Nations shall be the Depositary of the
Convention and of protocols adopted in accordance with Article 17.
ARTICLE 20
SIGNATURE
This Convention shall be open for signature by States Members of the United
Nations or of any of its specialized agencies or that are Parties to the Statute
of the International Court of Justice and by regional economic integration
organizations at Rio de Janeiro, during the United Nations Conference on
Environment and Development, and thereafter at United Nations Headquarters in
New York from 20 June 1992 to 19 June 1993.
ARTICLE 21
INTERIM ARRANGEMENTS
1....The secretariat functions referred to in Article 8 will be carried out
on an interim basis by the secretariat established by the General Assembly of
the United Nations in its resolution 45/212 of 21 December 1990, until the
completion of the first session of the Conference of the Parties.
2....The head of the interim secretariat referred to in paragraph 1 above
will cooperate closely with the Intergovernmental Panel on Climate Change to
ensure that the Panel can respond to the need for objective scientific and
technical advice. Other relevant scientific bodies could also be
consulted.
3....The Global Environment Facility of the United Nations Development
Programme, the United Nations Environment Programme and the International Bank
for Reconstruction and Development shall be the international entity entrusted
with the operation of the financial mechanism referred to in Article 11 on an
interim basis. In this connection, the Global Environment Facility should be
appropriately restructured and its membership made universal to enable it to
fulfil the requirements of Article 11.
ARTICLE 22
RATIFICATION, ACCEPTANCE, APPROVAL OR
ACCESSION
1....The Convention shall be subject to ratification, acceptance, approval
or accession by States and by regional economic integration organizations. It
shall be open for accession from the day after the date on which the Convention
is closed for signature. Instruments of ratification, acceptance, approval or
accession shall be deposited with the Depositary.
2....Any regional economic integration organization which becomes a Party
to the Convention without any of its member States being a Party shall be bound
by all the obligations under the Convention. In the case of such organizations,
one or more of whose member States is a Party to the Convention, the
organization and its member States shall decide on their respective
responsibilities for the performance of their obligations under the Convention.
In such cases, the organization and the member States shall not be entitled to
exercise rights under the Convention concurrently.
3....In their instruments of ratification, acceptance, approval or
accession, regional economic integration organizations shall declare the extent
of their competence with respect to the matters governed by the Convention.
These organizations shall also inform the Depositary, who shall in turn inform
the Parties, of any substantial modification in the extent of their
competence.
ARTICLE 23
ENTRY INTO FORCE
1....The Convention shall enter into force on the ninetieth day after the
date of deposit of the fiftieth instrument of ratification, acceptance, approval
or accession.
2....For each State or regional economic integration organization that
ratifies, accepts or approves the Convention or accedes thereto after the
deposit of the fiftieth instrument of ratification, acceptance, approval or
accession, the Convention shall enter into force on the ninetieth day after the
date of deposit by such State or regional economic integration organization of
its instrument of ratification, acceptance, approval or accession.
3....For the purposes of paragraphs 1 and 2 above, any instrument deposited
by a regional economic integration organization shall not be counted as
additional to those deposited by States members of the organization.
ARTICLE 24
RESERVATIONS
No reservations may be made to the Convention.
ARTICLE 25
WITHDRAWAL
1....At any time after three years from the date on which the Convention
has entered into force for a Party, that Party may withdraw from the Convention
by giving written notification to the Depositary.
2....Any such withdrawal shall take effect upon expiry of one year from the
date of receipt by the Depositary of the notification of withdrawal, or on such
later date as may be specified in the notification of withdrawal.
3....Any Party that withdraws from the Convention shall be considered as
also having withdrawn from any protocol to which it is a Party.
ARTICLE 26
AUTHENTIC TEXTS
The original of this Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited with
the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect,
have signed this Convention.
DONE at New York this ninth day of May one thousand nine hundred and
ninety-two.
Annex I
Australia
Austria
Belarus a/
Belgium
Bulgaria
a/
Canada
Czechoslovakia a/
Denmark
European Economic
Community
Estonia a/
Finland
France
Germany
Greece
Hungary
a/
Iceland
Ireland
Italy
Japan
Latvia a/
Lithuania
a/
Luxembourg
Netherlands
New Zealand
Norway
Poland
a/
Portugal
Romania a/
Russian Federation
a/
Spain
Sweden
Switzerland
Turkey
Ukraine a/
United Kingdom
of Great Britain and Northern Ireland
United States of America
a/ Countries that are undergoing the process of transition to a market
economy.
Annex
II
Australia
Austria
Belgium
Canada
Denmark
European
Economic
Community
Finland
France
Germany
Greece
Iceland
Ireland
Italy
Japan
Luxembourg
Netherlands
New
Zealand
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United
Kingdom of Great Britain and Northern Ireland
United States of
America
The Parties to this Protocol,
Being Parties to the United Nations Framework Convention on Climate Change,
hereinafter referred to as the Convention,
In pursuit of the ultimate objective of the Convention as stated in its
Article 2,
Recalling the provisions of the Convention,
Being guided by Article 3 of the Convention,
Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the Conference
of the Parties to the Convention at its first session,
Have agreed as follows:
Article 1
For the purposes of this Protocol, the definitions contained in Article 1
of the Convention shall apply. In addition:
1. Conference of the Parties means the Conference of the
Parties to the Convention.
2. Convention means the United Nations Framework Convention
on Climate Change, adopted in New York on 9 May 1992.
3. Intergovernmental Panel on Climate Change means the
Intergovernmental Panel on Climate Change established in 1988 jointly by the
World Meteorological Organization and the United Nations Environment Programme.
4. Montreal Protocol means the Montreal Protocol on
Substances that Deplete the Ozone Layer, adopted in Montreal on 16 September
1987 and as subsequently adjusted and amended.
5. Parties present and voting means Parties present and
casting an affirmative or negative vote.
6. Party means, unless the context otherwise indicates, a
Party to this Protocol.
7. Party included in Annex I means a Party included in Annex
I to the Convention, as may be amended, or a Party which has made a notification
under Article 4, paragraph 2(g), of the Convention.
Article 2
Each Party included in Annex I in achieving its quantified emission
limitation and reduction commitments under Article 3, in order to promote
sustainable development, shall:
(a) Implement and/or further elaborate policies and measures in accordance
with its national circumstances, such as:
(i) Enhancement of energy efficiency in relevant sectors of the national
economy;
(ii) Protection and enhancement of sinks and reservoirs of greenhouse gases
not controlled by the Montreal Protocol, taking into account its commitments
under relevant international environmental agreements; promotion of sustainable
forest management practices, afforestation and reforestation;
(iii) Promotion of sustainable forms of agriculture in light of climate
change considerations;
(iv) Promotion, research, development and increased use of new and
renewable forms of energy, of carbon dioxide sequestration technologies and of
advanced and innovative environmentally sound technologies;
(v) Progressive reduction or phasing out of market imperfections, fiscal
incentives, tax and duty exemptions and subsidies in all greenhouse gas emitting
sectors that run counter to the objective of the Convention and apply market
instruments;
(vi) Encouragement of appropriate reforms in relevant sectors aimed at
promoting policies and measures which limit or reduce emissions of greenhouse
gases not controlled by the Montreal Protocol;
(vii) Measures to limit and/or reduce emissions of greenhouse gases not
controlled by the Montreal Protocol in the transport sector; (viii) Limitation
and/or reduction of methane through recovery and use in waste management, as
well as in the production, transport and distribution of energy;
(b) Cooperate with other such Parties to enhance the individual and
combined effectiveness of their policies and measures adopted under this
Article, pursuant to Article 4, paragraph 2(e)(i), of the Convention. To this
end, these Parties shall take steps to share their experience and exchange
information on such policies and measures, including developing ways of
improving their comparability, transparency and effectiveness. The Conference of
the Parties serving as the meeting of the Parties to this Protocol shall, at its
first session or as soon as practicable thereafter, consider ways to facilitate
such cooperation, taking into account all relevant information.
2. The Parties included in Annex I shall pursue limitation or reduction of
emissions of greenhouse gases not controlled by the Montreal Protocol from
aviation and marine bunker fuels, working through the International Civil
Aviation Organization and the International Maritime Organization,
respectively.
3. The Parties included in Annex I shall strive to implement policies and
measures under this Article in such a way as to minimize adverse effects,
including the adverse effects of climate change, effects on international trade,
and social, environmental and economic impacts on other Parties, especially
developing country Parties and in particular those identified in Article 4,
paragraphs 8 and 9 of the Convention, taking into account Article 3 of the
Convention. The Conference of the Parties serving as the meeting of the Parties
to this Protocol may take further action, as appropriate, to promote the
implementation of the provisions of this paragraph.
4. The Conference of the Parties serving as the meeting of the Parties to
this Protocol, if it decides that it would be beneficial to coordinate any of
the policies and measures in paragraph 1(a) above, taking into account different
national circumstances and potential effects, shall consider ways and means to
elaborate the coordination of such policies and measures.
Article 3
The Parties included in Annex I shall, individually or jointly, ensure that
their aggregate anthropogenic carbon dioxide equivalent emissions of the
greenhouse gases listed in Annex A do not exceed their assigned amounts,
calculated pursuant to their quantified emission limitation and reduction
commitments inscribed in Annex B and in accordance with the provisions of this
Article, with a view to reducing their overall emissions of such gases by at
least 5 per cent below 1990 levels in the commitment period 2008 to 2012.
2. Each Party included in Annex I shall, by 2005, have made demonstrable
progress in achieving its commitments under this Protocol.
3. The net changes in greenhouse gas emissions from sources and removals by
sinks resulting from direct human-induced land use change and forestry
activities, limited to afforestation, reforestation, and deforestation since
1990, measured as verifiable changes in stocks in each commitment period shall
be used to meet the commitments in this Article of each Party included in Annex
I. The greenhouse gas emissions from sources and removals by sinks associated
with those activities shall be reported in a transparent and verifiable manner
and reviewed in accordance with Articles 7 and 8.
4. Prior to the first session of the Conference of the Parties serving as
the meeting of the Parties to this Protocol, each Party included in Annex I
shall provide for consideration by the Subsidiary Body for Scientific and
Technological Advice data to establish its level of carbon stocks in 1990 and to
enable an estimate to be made of its changes in carbon stocks in subsequent
years. The Conference of the Parties serving as the meeting of the Parties to
this Protocol shall, at its first session or as soon as practicable thereafter,
decide upon modalities, rules and guidelines as to how and which additional
human-induced activities related to changes in greenhouse gas emissions and
removals in the agricultural soil and land use change and forestry categories,
shall be added to, or subtracted from, the assigned amount for Parties included
in Annex I, taking into account uncertainties, transparency in reporting,
verifiability, the methodological work of the Intergovernmental Panel on Climate
Change, the advice provided by the Subsidiary Body for Scientific and
Technological Advice in accordance with Article 5 and the decisions of the
Conference of the Parties. Such a decision shall apply in the second and
subsequent commitment periods. A Party may choose to apply such a decision on
these additional human-induced activities for its first commitment period,
provided that these activities have taken place since 1990.
5. The Parties included in Annex I undergoing the process of transition to
a market economy whose base year or period was established pursuant to decision
9/CP.2 of the Conference of the Parties at its second session, shall use that
base year or period for the implementation of their commitments under this
Article. Any other Party included in Annex I undergoing the process of
transition to a market economy which has not yet submitted its first national
communication under Article 12 of the Convention may also notify the Conference
of the Parties serving as the meeting of the Parties to this Protocol that it
intends to use a historical base year or period other than 1990 for the
implementation of its commitments under this Article. The Conference of the
Parties serving as the meeting of the Parties to this Protocol shall decide on
the acceptance of such notification.
6. Taking into account Article 4, paragraph 6, of the Convention, in the
implementation of their commitments under this Protocol other than those in this
Article, a certain degree of flexibility shall be allowed by the Conference of
the Parties serving as the meeting of the Parties to this Protocol to the
Parties included in Annex I undergoing the process of transition to a market
economy.
7. In the first quantified emission limitation and reduction commitment
period, from 2008 to 2012, the assigned amount for each Party included in Annex
I shall be equal to the percentage inscribed for it in Annex B of its aggregate
anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed
in Annex A in 1990, or the base year or period determined in accordance with
paragraph 5 above, multiplied by five. Those Parties included in Annex I for
whom land use change and forestry constituted a net source of greenhouse gas
emissions in 1990 shall include in their 1990 emissions base year or period the
aggregate anthropogenic carbon dioxide equivalent emissions minus removals in
1990 from land use change for the purposes of calculating their assigned amount.
8. Any Party included in Annex I may use 1995 as its base year for
hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride, for the purposes
of the calculation referred to in paragraph 7 above.
9. Commitments for subsequent periods for Parties included in Annex I shall
be established in amendments to Annex B to this Protocol, which shall be adopted
in accordance with the provisions of 20, paragraph 7. The Conference of the
Parties serving as the meeting of the Parties to this Protocol shall initiate
the consideration of such commitments at least seven years before the end of the
first commitment period mentioned in paragraph 7 above.
10. Any emission reduction units, or any part of an assigned amount, which
a Party acquires from another Party in accordance with the provisions of Article
6 and of Article 16(b) shall be added to the assigned amount for that Party.
11. Any emission reduction units, or any part of an assigned amount, which
a Party transfers to another Party in accordance with the provisions of Article
6 and of Article 16(b) shall be subtracted from the assigned amount for that
Party.
12. Any certified emission reductions which a Party acquires from another
Party in accordance with the provisions of Article 12 shall be added to the
assigned amount for that Party.
13. If the emissions of a Party included in Annex I during a commitment
period are less than its assigned amount under this Article, this difference
shall, on request of that Party, be added to the assigned amount for that Party
for subsequent commitment periods.
14. Each Party included in Annex I shall strive to implement the
commitments mentioned in paragraph 1 above in such a way as to minimize adverse
social, environmental and economic impacts on developing country Parties,
particularly those identified in Article 4, paragraphs 8 and 9, of the
Convention. In line with relevant decisions of the Conference of the Parties on
the implementation of those paragraphs, the Conference of the Parties serving as
the meeting of the Parties to this Protocol shall, at its first session,
consider what actions are necessary to minimize the adverse effects of climate
change and/or the impacts of response measures on Parties referred to in those
paragraphs. Among the issues to be considered shall be the establishment of
funding, insurance and transfer of technology.
Article 4
Any Parties included in Annex I that have agreed to jointly fulfil their
commitments under Article 3 shall be deemed to have met those commitments
provided that their total combined aggregate anthropogenic carbon dioxide
equivalent emissions of the greenhouse gases listed in Annex A do not exceed
their assigned amounts calculated pursuant to their quantified emission
limitation and reduction commitments inscribed in Annex B and in accordance with
the provisions of Article 3. The respective emission level allocated to each of
the Parties to the agreement shall be set out in that agreement.
2. The Parties to any such agreement shall notify the secretariat of the
terms of the agreement on the date of deposit of their instruments of
ratification, acceptance, approval or accession. The secretariat shall in turn
inform the Parties and signatories to the Convention of the terms of the
agreement.
3. The agreement shall remain in operation for the duration of the
commitment period specified in Article 3, paragraph 7.
4. If Parties acting jointly do so in the framework of, and together with,
a regional economic integration organization, any alteration in the composition
of the organization after adoption of this Protocol shall not affect existing
commitments under this Protocol. Any alteration in the composition of the
organization shall only apply for the purposes of those commitments under
Article 3 that are adopted subsequent to that revision.
5. In the event of failure by the Parties to such an agreement to achieve
their total combined level of emission reductions, each Party to such an
agreement shall be responsible for its own level of emissions set out in the
agreement.
6. If Parties acting jointly do so in the framework of, and together with,
a regional economic integration organization which is itself a Party to this
Protocol, each member State of that regional economic integration organization
individually, and together with the regional economic integration organization
acting in accordance with Article 23, shall, in the event of failure to achieve
the total combined level of emission reductions, be responsible for its level of
emissions as notified in accordance with this Article.
Article 5
Each Party included in Annex I shall have in place, no later than one year
prior to the start of the first commitment period, a national system for the
estimation of anthropogenic emissions by sources and removals by sinks of all
greenhouse gases not controlled by the Montreal Protocol. Guidelines for such
national systems, which shall incorporate the methodologies specified in
paragraph 2 below, shall be decided upon by the Conference of the Parties
serving as the meeting of the Parties to this Protocol at its first session.
2. Methodologies for estimating anthropogenic emissions by sources and
removals by sinks of all greenhouse gases not controlled by the Montreal
Protocol shall be those accepted by the Intergovernmental Panel on Climate
Change and agreed upon by the Conference of the Parties at its third session.
Where such methodologies are not used, appropriate adjustments shall be applied
according to methodologies agreed upon by the Conference of the Parties serving
as the meeting of the Parties to this Protocol at its first session. Based on
the work of, inter alia, the Intergovernmental Panel on Climate Change and
advice provided by the Subsidiary Body for Scientific and Technological Advice,
the Conference of the Parties serving as the meeting of the Parties to this
Protocol shall regularly review and, as appropriate, revise such methodologies
and adjustments, taking fully into account any relevant decisions by the
Conference of the Parties. Any revision to methodologies or adjustments shall be
used only for the purposes of ascertaining compliance with commitments under
Article 3 in respect of any commitment period adopted subsequent to that
revision.
3. The global warming potentials used to calculate the carbon dioxide
equivalence of anthropogenic emissions by sources and removals by sinks of
greenhouse gases not controlled by the Montreal Protocol listed in Annex A shall
be those accepted by the Intergovernmental Panel on Climate Change and agreed
upon by the Conference of the Parties at its third session. Based on the work
of, inter alia, the Intergovernmental Panel on Climate Change and advice
provided by the Subsidiary Body for Scientific and Technological Advice, the
Conference of the Parties serving as the meeting of the Parties to this Protocol
shall regularly review and, as appropriate, revise the global warming potential
of each such greenhouse gas, taking fully into account any relevant decisions by
the Conference of the Parties. Any revision to a global warming potential shall
apply only to those commitments under Article 3 in respect of any commitment
period adopted subsequent to that revision.
Article 6
For the purpose of meeting its commitments under Article 3, any Party
included in Annex I may transfer to, or acquire from, any other such Party
emission reduction units resulting from projects aimed at reducing anthropogenic
emissions by sources or enhancing anthropogenic removals by sinks of greenhouse
gases in any sector of the economy, provided that:
(a) Any such project has the approval of the Parties involved;
(b) Any such project provides a reduction in emissions by sources, or an
enhancement of removals by sinks, that is additional to any that would otherwise
occur;
(c) It does not acquire any emission reduction units if it is not in
compliance with its obligations under Articles 5 and 7;
(d) The acquisition of emission reduction units shall be supplemental to
domestic actions for the purposes of meeting commitments under Article 3.
2.The Conference of the Parties serving as the meeting of the Parties to
this Protocol may, at its first session or as soon as practicable thereafter,
further elaborate guidelines for the implementation of this Article, including
for verification and reporting.
3. A Party included in Annex I may authorize legal entities to participate,
under its responsibility, in actions leading to the generation, transfer or
acquisition under this Article of emission reduction units.
4. If a question of implementation by a Party included in Annex I of the
requirements referred to in this paragraph is identified in accordance with the
relevant provisions of Article 8, transfers and acquisitions of emission
reduction units may continue to be made after the question has been identified,
provided that any such units may not be used by a Party to meet its commitments
under Article 3 until any issue of compliance is resolved.
Article 7
Each Party included in Annex I shall incorporate in its annual inventory of
anthropogenic missions by sources and removals by sinks of greenhouse gases not
controlled by the Montreal Protocol, submitted in accordance with the relevant
decisions of the Conference of the Parties, the necessary supplementary
information for the purposes of ensuring compliance with Article 3, to be
determined in accordance with paragraph 4 below.
2. Each Party included in Annex I shall incorporate in its national
communication, submitted under Article 12 of the Convention, the supplementary
information necessary to demonstrate compliance with its commitments under this
Protocol, to be determined in accordance with paragraph 4 below.
3. Each Party included in Annex I shall submit the information required
under paragraph 1 above annually, beginning with the first inventory due under
the Convention for the first year of the commitment period after this Protocol
has entered into force for it. Each such Party shall submit the information
required under paragraph 2 above as part of the first national communication due
under the Convention after this Protocol has entered into force for it and after
the adoption of guidelines as provided for in paragraph 4 below. The frequency
of subsequent submission of information required under this Article shall be
determined by the Conference of the Parties serving as the meeting of the
Parties to this Protocol, taking into account any timetable for the submission
of national communications decided upon by the Conference of the Parties.
4. The Conference of the Parties serving as the meeting of the Parties to
this Protocol shall adopt at its first session, and review periodically
thereafter, guidelines for the preparation of the information required under
this Article, taking into account guidelines for the preparation of national
communications by Parties included in Annex I adopted by the Conference of the
Parties. The Conference of the Parties serving as the meeting of the Parties to
this Protocol shall also, prior to the first commitment period, decide upon
modalities for the accounting of assigned amounts.
Article 8
The information submitted under Article 7 by each Party included in Annex I
shall be reviewed by expert review teams pursuant to the relevant decisions of
the Conference of the Parties and in accordance with guidelines adopted for this
purpose by the Conference of the Parties serving as the meeting of the Parties
to this Protocol under paragraph 4 below. The information submitted under
Article 7, paragraph 1, by each Party included in Annex I shall be reviewed as
part of the annual compilation and accounting of emissions inventories and
assigned amounts. Additionally, the information submitted under Article 7,
paragraph 2, by each Party included in Annex I shall be reviewed as part of the
review of communications.
2. Expert review teams shall be coordinated by the secretariat and shall be
composed of experts selected from those nominated by Parties to the Convention
and, as appropriate, by intergovernmental organizations, in accordance with
guidance provided for this purpose by the Conference of the Parties.
3. The review process shall provide a thorough and comprehensive technical
assessment of all aspects of the implementation by a Party of this Protocol. The
expert review teams shall prepare a report to the Conference of the Parties
serving as the meeting of the Parties to this Protocol, assessing the
implementation of the commitments of the Party and identifying any potential
problems in, and factors influencing, the fulfilment of commitments. Such
reports shall be circulated by the secretariat to all Parties to the Convention.
The secretariat shall list those questions of implementation indicated in such
reports for further consideration by the Conference of the Parties serving as
the meeting of the Parties to this Protocol.
4. The Conference of the Parties serving as the meeting of the Parties to
this Protocol shall adopt at its first session, and review periodically
thereafter, guidelines for the review of implementation by expert review teams
taking into account the relevant decisions of the Conference of the Parties.
5. The Conference of the Parties serving as the meeting of the Parties to
this Protocol shall, with the assistance of the Subsidiary Body for
Implementation and, as appropriate, the Subsidiary Body for Scientific and
Technological Advice, consider:
(a) The information submitted by the Parties under Article 7 and the
reports of the expert reviews thereon conducted under this Article;
and
(b) Those questions of implementation listed by the secretariat under
paragraph 3 above, as well as any questions raised by Parties.
6. Pursuant to its consideration of the information referred to in
paragraph 5 above, the Conference of the Parties serving as the meeting of the
Parties to this Protocol shall take decisions on any matter required for the
implementation of this Protocol.
Article 9
The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall periodically review this Protocol in the light of the best
available scientific information and assessments on climate change and its
impacts, as well as relevant technical, social and economic information. Such
reviews shall be coordinated with pertinent reviews under the Convention, in
particular those required by Article 4, paragraph 2(d), and Article 7, paragraph
2(a), of the Convention. Based on these reviews, the Conference of the Parties
serving as the meeting of the Parties to this Protocol shall take appropriate
action.
2. The first review shall take place at the second session of the
Conference of the Parties serving as the meeting of the Parties to this
Protocol. Further reviews shall take place at regular intervals and in a timely
manner.
Article 10
All Parties, taking into account their common but differentiated
responsibilities and their specific national and regional development
priorities, objectives and circumstances, without introducing any new
commitments for Parties not included in Annex I, but reaffirming existing
commitments in Article 4, paragraph 1, of the Convention, and continuing to
advance the implementation of these commitments in order to achieve sustainable
development, taking into account Article 4, paragraphs 3, 5 and 7, of the
Convention, shall:
(a) Formulate, where relevant and to the extent possible, cost-effective
national, and where appropriate regional programmes to improve the quality of
local emission factors, activity data and/or models which reflect the
socio-economic conditions of each Party for the preparation and periodic
updating of national inventories of anthropogenic emissions by sources and
removals by sinks of all greenhouse gases not controlled by the Montreal
Protocol, using comparable methodologies to be agreed upon by the Conference of
the Parties, and consistent with the guidelines for national communications
adopted by the Conference of the Parties;
(b) Formulate, implement, publish and regularly update national and, where
appropriate, regional programmes containing measures to mitigate climate change
and measures to facilitate adequate adaptation to climate change:
(i) Such programmes would, inter alia, concern the energy, transport and
industry sectors as well as agriculture, forestry and waste management.
Furthermore, adaptation technologies and methods for improving spatial planning
would improve adaptation to climate change; and
(ii) Parties included in Annex I shall submit information on action under
this Protocol, including national programmes, according to the guidelines laid
down in Article 8; and other Parties shall seek to include in their national
communications, as appropriate, information on programmes which contain measures
that the Party believes contribute to addressing climate change and its adverse
impacts, including the abatement of increase in greenhouse gas emissions, and
enhancement of and removals by sinks, capacity building and adaptation
measures.
(c) Cooperate in the promotion of effective modalities for the development,
application and diffusion of, and take all practicable steps to promote,
facilitate and finance, as appropriate, the transfer of, or access to,
environmentally sound technologies, know-how, practices and processes pertinent
to climate change, in particular to developing countries, including the
formulation of policies and programmes for the effective transfer of
environmentally sound technologies that are publicly owned or in the public
domain and the creation of an enabling environment for the private sector, to
promote and enhance access to, and transfer of, environmentally sound
technologies;
(d) Cooperate in scientific and technical research and promote the
maintenance and the development of systematic observation systems and
development of data archives to reduce uncertainties related to the climate
system, the adverse impacts of climate change and the economic and social
consequences of various response strategies, and promote the development and
strengthening of endogenous capacities and capabilities to participate in
international and intergovernmental efforts, programmes and networks on research
and systematic observation, taking into account Article 5 of the
Convention;
(e) Cooperate in and promote at the international level, and, where
appropriate, using existing bodies, the development and implementation of
education and training programmes, including the strengthening of national
capacity building, in particular human and institutional capacities and the
exchange or secondment of personnel to train experts in this field, in
particular for developing countries, and facilitate at the national level public
awareness and public access to information on climate change. Suitable
modalities should be developed to implement these activities through the
relevant bodies of the Convention taking into account Article 6 of the
Convention;
(f) Include in their national communications information on programmes and
activities undertaken pursuant to this Article in accordance with relevant
decisions of the Conference of the Parties; and
(g) Give full consideration, in implementing the commitments in this
Article, to Article 4, paragraph 8, of the Convention.
Article 11
In the implementation of Article 10, Parties shall take into account the
provisions of Article 4, paragraphs 4, 5, 7, 8 and 9 of the
Convention.
2. In the context of the implementation of Article 4, paragraph 1, of the
Convention, in accordance with the provisions of Article 4, paragraph 3, and
Article 11 of the Convention, and through the operating entity or entities of
the financial mechanism of the Convention, the developed country Parties and
other developed Parties included in Annex II to the Convention shall:
(a) Provide new and additional financial resources to meet the agreed full
costs incurred by developing country Parties in advancing the implementation of
existing commitments under Article 4, paragraph 1(a), of the Convention that are
covered in Article 10, subparagraph (a); and
(b) Also provide such financial resources, including for the transfer of
technology, needed by the developing country Parties to meet the agreed full
incremental costs of advancing the implementation of existing commitments in
Article 4, paragraph 1, of the Convention that are covered by Article 10 and
that are agreed between a developing country Party and the international entity
or entities referred to in Article 11 of the Convention, in accordance with that
Article. The implementation of these existing commitments shall take into
account the need for adequacy and predictability in the flow of funds and the
importance of appropriate burden sharing among developed country Parties. The
guidance to the financial mechanism of the Convention in relevant decisions of
the Conference of the Parties, including those agreed before the adoption of
this Protocol, shall apply mutatis mutandis to the provisions of this
paragraph.
3. The developed country Parties and other developed Parties in Annex II to
the Convention may also provide, and developing country Parties avail themselves
of, financial resources for the implementation of Article 10, through bilateral,
regional and other multilateral channels.
Article 12
A clean development mechanism is hereby defined.
2. The purpose of the clean development mechanism shall be to assist
Parties not included in Annex I in achieving sustainable development and in
contributing to the ultimate objective of the Convention, and to assist Parties
included in Annex I in achieving compliance with their quantified emission
limitation and reduction commitments under Article 3.
3. Under the clean development mechanism:
(a) Parties not included in Annex I will benefit from project activities
resulting in certified emission reductions; and
(b) Parties included in Annex I may use the certified emission reductions
accruing from such project activities to contribute to compliance with part of
their quantified emission limitation and reduction commitments under Article 3,
as determined by the Conference of the Parties serving as the meeting of the
Parties to this Protocol.
4. The clean development mechanism shall be subject to the authority and
guidance of the Conference of the Parties serving as the meeting of the Parties
to this Protocol and be supervised by an executive board of the clean
development mechanism.
5. Emission reductions resulting from each project activity shall be
certified by operational entities to be designated by the Conference of the
Parties serving as the meeting of the Parties to this Protocol, on the basis
of:
(a) Voluntary participation approved by each Party involved;
(b) Real, measurable, and long-term benefits related to the mitigation of
climate change; and
(c) Reductions in emissions that are additional to any that would occur in
the absence of the certified project activity.
6. The clean development mechanism shall assist in arranging funding of
certified project activities as necessary.
7. The Conference of the Parties serving as the meeting of the Parties to
this Protocol shall, at its first session, elaborate modalities and procedures
with the objective of ensuring transparency, efficiency and accountability
through independent auditing and verification of project activities.
8. The Conference of the Parties serving as the meeting of the Parties to
this Protocol shall ensure that a share of the proceeds from certified project
activities is used to cover administrative expenses as well as to assist
developing country Parties that are particularly vulnerable to the adverse
effects of climate change to meet the costs of adaptation.
9. Participation under the clean development mechanism, including in
activities mentioned in paragraph 3(a) above and acquisition of certified
emission reductions, may involve private and/or public entities, and is to be
subject to whatever guidance may be provided by the executive board of the clean
development mechanism.
10. Certified emission reductions obtained during the period from the year
2000 up to the beginning of the first commitment period can be used to assist in
achieving compliance in the first commitment period.
Article 13
The Conference of the Parties, the supreme body of the Convention, shall
serve as the meeting of the Parties to this Protocol.
2. Parties to the Convention that are not Parties to this Protocol may
participate as observers in the proceedings of any session of the Conference of
the Parties serving as the meeting of the Parties to this Protocol. When the
Conference of the Parties serves as the meeting of the Parties to this Protocol,
decisions under this Protocol shall be taken only by those that are Parties to
it.
3. When the Conference of the Parties serves as the meeting of the Parties
to this Protocol, any member of the Bureau of the Conference of the Parties
representing a Party to the Convention but, at that time, not a Party to this
Protocol, shall be substituted by an additional member to be elected by and from
amongst the Parties to this Protocol.
4. The Conference of the Parties serving as the meeting of the Parties to
this Protocol shall keep under regular review the implementation of this
Protocol and shall make, within its mandate, the decisions necessary to promote
its effective implementation. It shall perform the functions assigned to it by
this Protocol and shall:
(a) Assess, on the basis of all information made available to it in
accordance with the provisions of this Protocol, the implementation of this
Protocol by the Parties, the overall effects of the measures taken pursuant to
this Protocol, in particular environmental, economic and social effects as well
as their cumulative impacts and the extent to which progress towards the
objective of the Convention is being achieved;
(b) Periodically examine the obligations of the Parties under this
Protocol, giving due consideration to any reviews required by Article 4,
paragraph 2(d), and Article 7, paragraph 2, of the Convention, in the light of
the objective of the Convention, the experience gained in its implementation and
the evolution of scientific and technological knowledge, and in this respect
consider and adopt regular reports on the implementation of this
Protocol;
(c) Promote and facilitate the exchange of information on measures adopted
by the Parties to address climate change and its effects, taking into account
the differing circumstances, responsibilities and capabilities of the Parties
and their respective commitments under this Protocol;
(d) Facilitate, at the request of two or more Parties, the coordination of
measures adopted by them to address climate change and its effects, taking into
account the differing circumstances, responsibilities and capabilities of the
Parties and their respective commitments under this Protocol;
(e) Promote and guide, in accordance with the objective of the Convention
and the provisions of this Protocol, and taking fully into account the relevant
decisions by the Conference of the Parties, the development and periodic
refinement of comparable methodologies for the effective implementation of this
Protocol, to be agreed on by the Conference of the Parties serving as the
meeting of the Parties to this Protocol;
(f) Make recommendations on any matters necessary for the implementation of
this Protocol;
(g) Seek to mobilize additional financial resources in accordance with
Article 11, paragraph 2;
(h) Establish such subsidiary bodies as are deemed necessary for the
implementation of this Protocol;
(i) Seek and utilize, where appropriate, the services and cooperation of,
and information provided by, competent international organizations and
intergovernmental and non-governmental bodies; and
(j) Exercise such other functions as may be required for the implementation
of this Protocol, and consider any assignment resulting from a decision by the
Conference of the Parties.
5. The rules of procedure of the Conference of the Parties and financial
procedures of the Convention shall be applied mutatis mutandis under this
Protocol, except as may be otherwise decided by consensus by the Conference of
the Parties serving as the meeting of the Parties to this Protocol.
6. The first session of the Conference of the Parties serving as the
meeting of the Parties to this Protocol shall be convened by the secretariat in
conjunction with the first session of the Conference of the Parties that is
scheduled after the date of the entry into force of this Protocol. Subsequent
ordinary sessions of the Conference of the Parties serving as the meeting of the
Parties to this Protocol shall be held every year and in conjunction with
ordinary sessions of the Conference of the Parties unless otherwise decided by
the Conference of the Parties serving as the meeting of the Parties to this
Protocol.
7. Extraordinary sessions of the Conference of the Parties serving as the
meeting of the Parties to this Protocol shall be held at such other times as may
be deemed necessary by the Conference of the Parties serving as the meeting of
the Parties to this Protocol, or at the written request of any Party, provided
that, within six months of the request being communicated to the Parties by the
secretariat, it is supported by at least one third of the Parties.
8. The United Nations, its specialized agencies and the International
Atomic Energy Agency, as well as any State member thereof or observers thereto
not party to the Convention, maybe represented at sessions of the Conference of
the Parties serving as the meeting of the Parties to this Protocol as observers.
Any body or agency, whether national or international, governmental or
non-governmental, which is qualified in matters covered by this Protocol and
which has informed the secretariat of its wish to be represented at a session of
the Conference of the Parties serving as the meeting of the Parties to this
Protocol 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, as referred to in paragraph 5
above.
Article 14
The secretariat established by Article 8 of the Convention shall serve as
the secretariat of this Protocol.
2. Article 8, paragraph 2, of the Convention on the functions of the
secretariat, and Article 8, paragraph 3, of the Convention on arrangements made
for the functioning of the secretariat, shall apply mutatis mutandis to this
Protocol. The secretariat shall, in addition, exercise the functions assigned to
it under this Protocol.
Article 15
The Subsidiary Body for Scientific and Technological Advice and the
Subsidiary Body for Implementation established by Articles 9 and 10 of the
Convention shall serve as, respectively, the Subsidiary Body for Scientific and
Technological Advice and the Subsidiary Body for Implementation of this
Protocol. The provisions relating to the functioning of these two bodies under
the Convention shall apply mutatis mutandis to this Protocol. Sessions of the
meetings of the Subsidiary Body for Scientific and Technological Advice and the
Subsidiary Body for Implementation of this Protocol shall be held in conjunction
with the meetings of, respectively, the Subsidiary Body for Scientific and
Technological Advice and the Subsidiary Body for Implementation of the
Convention.
2. Parties to the Convention that are not Parties to this Protocol may
participate as observers in the proceedings of any session of the subsidiary
bodies. When the subsidiary bodies serve as the subsidiary bodies of this
Protocol, decisions under this Protocol shall be taken only by the Parties to
this Protocol. 3. When the subsidiary bodies established by Articles 9 and 10 of
the Convention exercise their functions with regard to matters concerning this
Protocol, any member of the Bureaux of those subsidiary bodies representing a
Party to the Convention but, at that time, not a party to this Protocol, shall
be substituted by an additional member to be elected by and from amongst the
Parties to this Protocol.
Article 16
The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall, as soon as practicable, consider the application to this
Protocol of, and modify as appropriate, the multilateral consultative process
referred to in Article 13 of the Convention, in the light of any relevant
decisions that may be taken by the Conference of the Parties. Any multilateral
consultative process that may be applied to this Protocol shall operate without
prejudice to the procedures and mechanisms established in accordance with
Article 17.
Article 16 (b)
The Conference of the Parties shall define the relevant principles,
modalities, rules and guidelines, in particular for verification, reporting and
accountability for emissions trading. The Parties included in Annex B may
participate in emissions trading for the purposes of fulfilling their
commitments under Article 3 of this Protocol. Any such trading shall be
supplemental to domestic actions for the purpose of meeting quantified emission
limitation and reduction commitments under that Article.
Article 17
The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall, at its first session, approve appropriate and effective
procedures and mechanisms to determine and to address cases of non-compliance
with the provisions of this Protocol, including through the development of an
indicative list of consequences, taking into account the cause, type, degree and
frequency of non-compliance. Any procedures and mechanisms under this Article
entailing binding consequences shall be adopted by means of an amendment to this
Protocol.
Article 18
The provisions of Article 14 of the Convention on settlement of disputes
shall apply mutatis mutandis to this Protocol.
Article 19
Any Party may propose amendments to this Protocol.
2. Amendments to this Protocol shall be adopted at an ordinary session of
the Conference of the Parties serving as the meeting of the Parties to this
Protocol. The text of any proposed amendment to this Protocol shall be
communicated to the Parties by the secretariat at least six months before the
meeting at which it is proposed for adoption. The secretariat shall also
communicate the text of any proposed amendments to the Parties and signatories
to the Convention and, for information, to the Depositary.
3. The Parties shall make every effort to reach agreement on any proposed
amendment to this Protocol by consensus. If all efforts at consensus have been
exhausted, and no agreement reached, the amendment shall as a last resort be
adopted by a three-fourths majority vote of the Parties present and voting at
the meeting. The adopted amendment shall be communicated by the secretariat to
the Depositary, who shall circulate it to all Parties for their
acceptance.
4. Instruments of acceptance in respect of an amendment shall be deposited
with the Depositary. An amendment adopted in accordance with paragraph 3 above
shall enter into force for those Parties having accepted it on the ninetieth day
after the date of receipt by the Depositary of an instrument of acceptance by at
least three fourths of the Parties to this Protocol.
5. The amendment shall enter into force for any other Party on the
ninetieth day after the date on which that Party deposits with the Depositary
its instrument of acceptance of the said amendment.
Article 20
Annexes to this Protocol shall form an integral part thereof and, unless
otherwise expressly provided, a reference to this Protocol constitutes at the
same time a reference to any annexes thereto. Any annexes adopted after the
entry into force of this Protocol shall be restricted to lists, forms and any
other material of a descriptive nature that is of a scientific, technical,
procedural or administrative character.
2. Any Party may make proposals for an annex to this Protocol and may
propose amendments to annexes to this Protocol.
3. Annexes to this Protocol and amendments to annexes to this Protocol
shall be adopted at an ordinary session of the Conference of the Parties serving
as the meeting of the Parties to this Protocol. The text of any proposed annex
or amendment to an annex shall be communicated to the Parties by the secretariat
at least six months before the meeting at which it is proposed for adoption. The
secretariat shall also communicate the text of any proposed annex or amendment
to an annex to the Parties and signatories to the Convention and, for
information, to the Depositary.
4. The Parties shall make every effort to reach agreement on any proposed
annex or amendment to an annex by consensus. If all efforts at consensus have
been exhausted, and no agreement reached, the annex or amendment to an annex
shall as a last resort be adopted by a three-fourths majority vote of the
Parties present and voting at the meeting. The adopted annex or amendment to an
annex shall be communicated by the secretariat to the Depositary, who shall
circulate it to all Parties for their acceptance.
5. An annex, other than Annex A or B, that has been adopted or amended in
accordance with paragraphs 3 and 4 above shall enter into force for all Parties
to this Protocol six months after the date of the communication by the
Depositary to such Parties of the adoption or amendment of the annex, except for
those Parties that have notified the Depositary in writing within that period of
their non-acceptance of the annex or amendment to the annex. The annex or
amendment to an annex shall enter into force for Parties which withdraw their
notification of non-acceptance on the ninetieth day after the date on which
withdrawal of such notification has been received by the Depositary.
6. If the adoption of an annex or an amendment to an annex involves an
amendment to this Protocol, that annex or amendment to an annex shall not enter
into force until such time as the amendment to this Protocol enters into
force.
7. Amendments to Annexes A and B to this Protocol shall be adopted and
enter into force in accordance with the procedure set out in Article 19,
provided that any amendments to Annex B shall be adopted only with the written
consent of the Party concerned.
Article 21
Each Party shall have one vote, except as provided for in paragraph 2
below.
2. Regional economic integration organizations, in matters within their
competence, shall exercise their right to vote with a number of votes equal to
the number of their member States which are Parties to this Protocol. Such an
organization shall not exercise its right to vote if any of its member States
exercises its right, and vice versa.
Article 22
The Secretary-General of the United Nations shall be the Depositary of this
Protocol.
Article 23
This Protocol shall be open for signature and subject to ratification,
acceptance or approval by States and regional economic integration organizations
which are Parties to the Convention. It shall be open for signature at United
Nations Headquarters in New York from 16 March 1998 to 15 March 1999. This
Protocol shall be open for accession from the day after the date on which it is
closed for signature. Instruments of ratification, acceptance, approval or
accession shall be deposited with the Depositary.
2. Any regional economic integration organization which becomes a Party to
this Protocol without any of its member States being a Party shall be bound by
all the obligations under this Protocol. In the case of such organizations, one
or more of whose member States is a Party to this Protocol, the organization and
its member States shall decide on their respective responsibilities for the
performance of their obligations under this Protocol. In such cases, the
organization and the member States shall not be entitled to exercise rights
under this Protocol concurrently.
3. In their instruments of ratification, acceptance, approval or accession,
regional economic integration organizations shall declare the extent of their
competence with respect to the matters governed by this Protocol. These
organizations shall also inform the Depositary, who shall in turn inform the
Parties, of any substantial modification in the extent of their competence.
Article 24
This Protocol shall enter into force on the ninetieth day after the date on
which not less than 55 Parties to the Convention, incorporating Parties included
in Annex I which accounted in total for at least 55 per cent of the total carbon
dioxide emissions for 1990 of the Parties included in Annex I, have deposited
their instruments of ratification, acceptance, approval or accession.
2. For the purposes of this Article, the total carbon dioxide
emissions for 1990 of the Parties included in Annex I means the amount
communicated on or before the date of adoption of this Protocol by the Parties
included in Annex I in their first national communications submitted in
accordance with Article 12 of the Convention.
3. For each State or regional economic integration organization that
ratifies, accepts or approves this Protocol or accedes thereto after the
conditions set out in paragraph 1 above for the entry into force have been
fulfilled, this Protocol shall enter into force on the ninetieth day following
the date of deposit of its instrument of ratification, acceptance, approval or
accession.
4. For the purposes of this Article, any instrument deposited by a regional
economic integration organization shall not be counted as additional to those
deposited by States members of the organization.
Article 25
No reservations may be made to this Protocol.
Article 26
At any time after three years from the date on which this Protocol has
entered into force for a Party, that Party may withdraw from this Protocol by
giving written notification to the Depositary.
2. Any such withdrawal shall take effect upon expiry of one year from the
date of receipt by the Depositary of the notification of withdrawal, or on such
later date as may be specified in the notification of withdrawal.
3. Any Party that withdraws from the Convention shall be considered as also
having withdrawn from this Protocol.
Article 27
The original of this Protocol, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited with
the Secretary-General of the United Nations.
Done at Kyoto this tenth day of December one thousand nine hundred and
ninety-seven.
Annex A
Greenhouse gases:
Carbon dioxide (CO ) 2
Methane (CH ) 4
Nitrous oxide (N O) 2
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulphur
hexafluoride (SF ) 6
Sectors/source categories:
Energy:
Fuel combustion
Energy industries
Manufacturing industries and
construction
Transport
Other sectors
Other
Fugitive emissions from fuels:
Solid fuels
Oil and natural gas
Other
Industrial processes:
Mineral products
Chemical industry
Metal production
Other
production
Production of halocarbons and sulphur hexafluoride
Consumption of halocarbons and sulphur hexafluoride
Other
Solvent and other product use:
Agriculture:
Enteric fermentation
Manure management
Rice cultivation
Agricultural soils
Prescribed burning of savannas
Field burning of
agricultural residues
Other
Waste:
Solid waste disposal on land
Wastewater handling
Waste incineration
Other
Quantified emission limitation or reduction commitment (percentage of base
year or period)
Australia 108
Austria 92
Belgium 92
Bulgaria* 92
Canada 94
Croatia* 95
Czech Republic* 92
Denmark 92
Estonia* 92
European Community 92
Finland 92
France 92
Germany 92
Greece
92
Hungary* 94
Iceland 110
Ireland 92
Italy 92
Japan 94
Latvia* 92
Liechtenstein 92
Lithuania* 92
Luxembourg 92
Monaco 92
Netherlands 92
New Zealand 100
Norway 101
Poland*
94
Portugal 92
Romania* 92
Russian Federation* 100
Slovakia* 92
Slovenia* 92
Spain 92
Sweden 92
Switzerland 92
Ukraine* 100
United Kingdom of Great Britain and Northern Ireland 92
United States of
America 93
* Countries that are undergoing the process of transition to a
market economy