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
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
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
1. 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) Research on, and promotion,
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 application of 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 emissions 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
1. 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 by 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
carbon stocks in each commitment period, shall be used to meet the commitments
under this Article of each Party included in Annex I. The greenhouse gas
emissions by 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 by sources and removals by sinks in the
agricultural soils and the land-use change and forestry categories shall
be added to, or subtracted from, the assigned amounts 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
an 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 under 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 by sources minus removals by
sinks 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
Article 21, 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
referred to in paragraph 1 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 or of Article 17 shall be added to
the assigned amount for the acquiring 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 or of Article 17 shall be
subtracted from the assigned amount for the transferring 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 the acquiring Party.
13. If the emissions of a Party
included in Annex I in 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
1. Any Parties included in Annex I that
have reached an agreement to fulfil their commitments
under Article 3 jointly, 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 or approval of this
Protocol, or accession thereto. The secretariat shall in turn inform the
Parties and signatories to the Convention of the terms of the agreement.
3. Any such 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 alteration.
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 that 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 24, 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
1. 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. The global warming potentials used
to calculate the carbon dioxide equivalence of anthropogenic emissions by
sources and removals by sinks of greenhouse gases 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 commitments under Article
Article 6
1. 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; and
(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 Article 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
1. Each Party included in Annex I shall
incorporate in its annual inventory of anthropogenic emissions 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 that
Party. 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
1. 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 of this Protocol 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
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
1. 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 under 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 the preparation of 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, in accordance with Article 7; 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 increases 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 the transfer of, and access to, 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 of, 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 under this Article, to Article 4, paragraph
8, of the Convention.
Article 11
1. 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
entity or entities entrusted with the operation 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 under 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 entity or entities entrusted
with the operation of 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
1. 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 in the 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
1. 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 this Protocol.
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 replaced 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 applied under 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, may be 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
1. 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
1. 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 those that are 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
replaced 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 18.
Article 17
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.
Any such trading shall be supplemental to domestic actions for the purpose of
meeting quantified emission limitation and reduction commitments under
that Article.
Article 18
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 19
The provisions of Article 14 of the
Convention on settlement of disputes shall apply mutatis mutandis to this Protocol.
Article 20
1. 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 21
1. 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, or amendment to an annex
other than Annex A or B, that has been adopted 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 of the annex or adoption of the amendment to 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 20, provided that any amendment to Annex B shall
be adopted only with the written consent of the Party concerned.
Article 22
1. 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
that 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 23
The Secretary-General of the United
Nations shall be the Depositary of this Protocol.
Article 24
1. 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
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 25
1. 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 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 26
No reservations may be made to this
Protocol.
Article 27
1. 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 28
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
IN WITNESS WHEREOF the undersigned, being duly
authorized to that effect, have affixed their signatures to this Protocol on
the dates indicated.
Annex A
Greenhouse gases
Carbon dioxide (CO2)
Methane (CH4)
Nitrous oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulphur hexafluoride (SF6)
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
Annex B
Party Quantified emission limitation or
reduction commitment
(percentage of
base year or period)
European Community 92
United Kingdom of Great Britain and
Northern Ireland 92
* Countries that are undergoing the process of transition to a market economy.