KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK
CONVENTION ON CLIMATE CHANGE
The Parties to this Protocol,
Being Change, hereinafter referred to as "the
Convention",
Parties to the United Nations Framework Convention on Climate
In pursuit Article 2,
of the ultimate objective of the Convention as stated in its
Recalling the provisions of the Convention,
Being guided by Article 3 of the Convention,
Pursuant to Conference of the Parties to the Convention
at its first the Berlin Mandate adopted by decision 1/CP.1 of the
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 2
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.
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