L’obiettivo è far ridurre ai Paesi industrializzati i gas del 5% entro il
2012
Il testo originale del protocollo di Kyoto
Non è stato ancora ratificato né
dall’Ue né dagli Usa
Kyoto
Protocol to the United Nations
Il G8 di Trieste del 2-3 marzo 2001 ha
rappresentato un nuovo tentativo di applicare il protocollo di Kyoto. Ecco il
testo originale in inglese del Protocollo di Kyoto sul cambiamento di clima che
propone una limitazione dell’emissione dei gas per ridurre l’effetto serra. Il
documento firmato nella città giapponese l’11 dicembre 1997 e non ancora non
ratificato né dall’Unione europea né tanto meno dagli Stati Uniti. Perché la
convenzione venga applicata e abbia quindi effetti pratici il protocollo dovrà
essere ratificato da almeno 55 Paesi che provochino più della metà delle
emissioni complessive mondiali di anidride carbonica. Il testo tra l’altro
obbligherebbe i Paesi industrializzati a ridurre del 5 per cento le loro
emissioni gas ad effetto serra tra il 2008 e il 2012.
Kyoto Protocol to the
United Nations framework convention on climate change.
The
Parties to this Protocol,
BeingChange, 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 [1].
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.
NOTE
[1] E’ l’impegno concreto essenziale del documento.
