UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE
CHANGE
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:
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.
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.
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.
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.
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 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 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 3 in respect of any commitment period adopted subsequent to
that revision.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Protocol.
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.
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.
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.
The Secretary-General of the United Nations shall be the
Depositary of this Protocol.
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 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.
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.
No reservations may be made to this Protocol.
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.
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 eleventh day of December one thousand nine hundred and
ninety-seven.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have affixed their signatures to this Protocol on the dates indicated.
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
Party 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.