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
Ana Sayfa