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.
? http://www.cop4.org/resource/docs/cop3/
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