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Kyoto
Protocol
The Kyoto Protocol is an
agreement made under the United Nations Framework Convention on Climate Change (UNFCCC).
Countries that ratify this protocol commit to reduce their emissions of carbon
dioxide and five other greenhouse gases, or engage in emissions trading if they
maintain or increase emissions of these gases. The Kyoto Protocol now covers
more than 160 countries globally and over 55% of global greenhouse gas (GHG)
emissions.
The text of the Protocol to the
UNFCCC was adopted at the third session of the Conference of the Parties to the
UNFCCC in Kyoto, Japan, on 11 December 1997; it was open for signature from 16
March 1998 to 15 March 1999 at United Nations Headquarters, New York. By that
date the Protocol had received 84 signatures. Those Parties that have not yet
signed the Kyoto Protocol may accede to it at any time.
The Protocol is subject to
ratification, acceptance, approval or accession by Parties to the Convention. It
entered into force on 16 February 2005 -- the ninetieth day after at least 55
Parties to the Convention, incorporating Annex I Parties which accounted in
total for at least 55 % of the total carbon dioxide emissions for 1990 from that
group, deposited their instruments of ratification, acceptance, approval or
accession.
As of December 2006, a
total of 169 countries and other governmental entities have ratified the
agreement
KYOTO PROTOCOL TO
THE
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:
Article 1
For the purposes of this
Protocol, the definitions contained in Article 1 of the Convention shall apply.
In addition:
1. "Conference of the
Parties" means the Conference of the Parties to the Convention.
2. "Convention" means
the United Nations Framework Convention on Climate Change, adopted in New York
on 9 May 1992.
3. "Intergovernmental Panel
on Climate Change" means the Intergovernmental Panel on Climate Change
established in 1988 jointly by the World Meteorological
Organization and the United Nations Environment Programme.
4. "Montreal Protocol"
means the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted
in Montreal on 16 September 1987 and as subsequently adjusted and amended.
5. "Parties present and
voting" means Parties present and casting an affirmative or negative vote.
6. "Party" means,
unless the context otherwise indicates, a Party to this Protocol.
7. "Party included in Annex
I" means a Party included in Annex I to the Convention, as may be amended,
or a Party which has made a notification under Article 4, paragraph 2(g), of the
Convention.
Article 2
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 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.
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 New York from
16 March 1998 to 15 March 1999.
This Protocol shall be open for accession from the day after the date on which
it is closed for signature. Instruments of ratification, acceptance, approval or
accession shall be deposited with the Depositary.
2. Any regional economic
integration organization which becomes a Party to this Protocol without any of
its member States being a Party shall be bound by all the obligations under this
Protocol. In the case of such organizations, one or more of whose member States
is a Party to this Protocol, the organization and its member States shall decide
on their respective responsibilities for the performance of their
obligations under this Protocol. In such cases, the organization and the
member States shall not be entitled to exercise rights under this Protocol
concurrently.
3. In their instruments of
ratification, acceptance, approval or accession, regional economic integration
organizations shall declare the extent of their competence with respect to the
matters governed by this Protocol. These organizations shall also inform the
Depositary, who shall in turn inform the Parties, of any substantial
modification in the extent of their competence.
Article 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 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.
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)
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.
- - - - -
Credit: UNFCCC
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