UNITED NATIONS FRAMEWORK
CONVENTION ON CLIMATE CHANGE
(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:
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.
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. 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.
(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.