Working Paper

GETTING SPECIFIC ON THE 2015 CLIMATE CHANGE
AGREEMENT: SUGGESTIONS FOR THE LEGAL TEXT WITH
AN EXPLANATORY MEMORANDUMSEBASTIAN OBERTHÜR, ANTONIO G. M. LA VIÑA, JENNIFER MORGANEXECUTIVE SUMMARY
COP 21: A Pivotal Meeting
Since 2011, countries have been meeting regularly tonegotiate a new international Climate Agreement, withthe goal of adopting that Agreement at the end of 2015,
at the 21st Conference of the Parties (COP) to the UN
Framework Convention on Climate Change (the Convention) in Paris. Climate change is now imminent. Changes
in weather patterns including extreme weather events
are impacting every nation on Earth, and impacts arebeing felt most severely by the poor and vulnerable.
Many solutions are available and being implemented,
but they are not yet being deployed at the scale or speed
required to accomplish an orderly transition to a
low-carbon, and climate-resilient economy. The 2015
Agreement in Paris represents a critical opportunity
to send unambiguous signals that the world will shift
its economic and social activity toward more climatefriendly and sustainable pathways.

The ACT 2015 Consortium
The Agreement for Climate Transformation (ACT)Consortium is an initiative that brings together a group ofclimate experts from around the world.1 Over the past two
years, the consortium has convened a series of meetings
with stakeholders representing multiple interests andgeographic areas, in order to discuss and develop ideasthat would inform the COP process. The consortium has

ACT 2015

CONTENTS
Executive Summary...........................................................1
Introduction.......................................................................4
Suggested Legal Text: Paris Agreement..............................8
Explanatory Memorandum ................................................8
Elements For COP Decisions Accompanying
The Adoption of the Paris Agreement..................................38
Annex...............................................................................41
References........................................................................55

Disclaimer: Working Papers contain preliminary
research, analysis, findings, and recommendations. They
are circulated to stimulate timely discussion and criticalfeedback and to influence ongoing debate on emerging
issues. Most working papers are eventually published inanother form and their content may be revised.

Suggested Citation: Oberthür, Sebastian; La Viña, Antonio G.
M.; and Morgan, Jennifer. 2015. “Getting Specific on the 2015
Climate Change Agreement: Suggestions for the Legal Text with an
Explanatory Memorandum.” Working Paper. Washington, D.C.:
Agreement for Climate Transformation 2015 (ACT 2015). Available
online at www.wri.org/our-work/project/act-2015/publications.

WORKING PAPER | May 2015 | 1

also undertaken research and analysis to support these
discussions. The result of this work is a suggested legal
text for the 2015 Paris Agreement, which, it is hoped, will
provide valuable input for consideration by stakeholders
in the run-up to the meeting.

approach centered only on mitigation. The approach isrepresented graphically below in figure 1.
In order to provide clear signals to government, the private
sector, and the public that the low-carbon economy is not
simply desirable, but unavoidable, the suggested legal text
calls for the following:

The suggested legal text takes account of the current
negotiating text developed by the Ad Hoc Working Groupon the Durban Platform for Enhanced Action (ADP), but
it goes further in attempting to reconcile many different
viewpoints and strike a balance that will contribute to thedevelopment of a final Agreement that is fair, equitableand effective in realizing the goals of the Convention.
The purpose of the suggested legal text is to provide ideas
for the consideration by Parties.

▪▪
▪▪

Key Themes of the Suggested Legal Text

A long-term mitigation goal to phase out all greenhousegas (GHG) emissions to net zero as early as possible inthe second half of this century.
A long-term adaptation goal to reduce the vulnerability
and build the resilience of communities facing climate
impacts. The goal should be achieved through collective
actions of all countries.

Implementation of each of these goals would be based on“common but differentiated responsibilities and respective
capabilities, in light of different national circumstances.”
One interpretation of this could be different phase-out
timeframes for developed and developing countries.

Long-Term Goals
The suggested legal text recognizes the intimate connections between mitigation, adaptation and support.
It promotes a more holistic approach that reinforces thelinks among the three issues, and moves away from an

Figure 1 | Core Components of the 2015 Paris Agreement: Driving Continuous Improvement Toward

Long-Term Goals

GHG EMISSIONSMITIGATION

ADAPTATIONSUPPORT
Capacity building
FinanceTechnology transfer
and cooperationa2 |ACT 2015

m

a ti

ch

GLOBAL GOAL TO
PHASE OUT GHGs
TO NET ZEROSc
e nt
Tra ience-bas
ed assessmbility ment
nsp
a
a
t
re
e
for
fa c i n c y & A c c o u n g i m pll it a t i n
g a n d p r o m o ti n

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EQUITYRESILIENCEGLOBAL GOAL TO
BUILD RESILIENCEEQUITYGetting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

Five-Year Cycles of Continuous Improvement

Loss and Damage

The suggested text establishes three five-year cycles
related to mitigation, adaptation and support. The
cycles are intended to provide predictability by regularly
assessing and strengthening countries’ actions to reduce
emissions, adapt to climate change, and support lowcarbon growth in a manner that is fair, equitable and just:The suggested legal text prepared by the consortium
recognizes that, even with greatly enhanced global effortson mitigation and adaptation, the adverse impacts ofclimate change, including extreme weather events and/or slow-onset events such as sea-level rise, are likely tocause loss and damage in some regions. The text therefore
suggests that the Warsaw International Mechanism for
Loss and Damage associated with Climate Change Impacts
under the Convention should serve as the platform, underthe 2015 Paris Agreement, for enhanced cooperation onloss and damage. Its work shall be accelerated and also
be regularly reviewed, starting with the outcome of thereview of the mechanism in 2016.

▪▪

▪▪

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Every five years, all countries shall commit tostrengthening their nationally determined mitigationcommitments, until the long-term mitigation goal isachieved. New or enhanced mitigation commitments
shall be informed by an independent expert panel,
which will promote ways to overcome barriers forenhanced actions and leverage mitigation potential.
Enhanced existing or new economic instruments,
market-based, and non-market-based mechanisms,
will allow countries to cooperate in the implementationof their mitigation commitments.
Every five years, all countries shall submit statements
concerning their adaptation efforts, and the Adaptation Committee will undertake a review of progress
toward the long-term adaptation goal, identifying
best practices at country or regional level, promoting
mutual learning, and facilitating implementation andsupport. National Adaptation Plans will continue toplay an important role, and these plans should takeaccount of different temperature scenarios (temperature increases of 2oC, 3oC, or 4oC).
The support package comprises finance, increased
capacity building, and technology development andtransfer to support countries’ actions to achieve thelong-term mitigation and adaptation goals. Every five
years, there will be reviews for each element of the
support package.
For each of these five-year cycles, countries will submit strategies concerning finance in order to catalyze
a dynamic process for shifting and scaling-up finance.
For all countries, these strategies will cover measurestaken to improve national policy and institutionalframeworks; for recipient countries, the strategies will
project future financial needs and national investment
plans; and countries providing and mobilizing financewill indicate plans and channels for scaling up thelevel of finance. The Standing Committee on Financewill review and make recommendations concerning
the financing scale-up and shift underway and thefinancing needed.

EquityThe suggested legal text recognizes that countries are atdifferent stages of development and proposes various
ways to take account of different national circumstancesand capabilities. Always consistent with the principle ofcommon but differentiated responsibilities and respective
capabilities, and in light of their national circumstances,
proposals include the following:

▪▪
▪▪
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The focus of nationally determined commitments
and efforts is balanced by the creation of a process todetermine an equity framework that can more systematically inform climate negotiations in future cycles.
In light of different national circumstances, least
developed countries and small island developing
States shall have particular flexibility regarding thescope, stringency, form, type, and frequency of their
mitigation commitments.
Developing country Parties, in particular the least
developed countries and small island developing
States, shall be eligible for support for the fulfillmentof the Agreement’s requirements. Half of publicfinance shall be focused on adaptation.
In the measurement, reporting and verification
framework, developing countries are permitted to
implement provisions based on their different
capabilities.
Competent international and non-governmentalorganizations, as well as subnational authorities, areencouraged to provide input to the five-year cycles,
to encourage procedural equity.

WORKING PAPER | May 2015 | 3

Additional Cooperative Actions and
Non-Party Actors
Countries that wish to go further faster are enabled
to join together in joint agreements around specificissue areas. Cooperative actions can involve theparticipation of non-state actors as appropriate.
Relevant international organizations and expert
bodies outside the Convention are encouraged to takeaction in line with achieving the long-term mitigation
and adaptation goals.

Transparency and Accountability
In order to ensure credibility and enhanced transparency, the suggested legal text calls for transparency andaccountability to be enhanced as follows:

▪▪
▪▪
▪▪
▪▪

Monitoring, Reporting, and Verification (MRV)
provisions cut across all the elements of theAgreement and address mitigation, adaptation,and support.
All Parties aspire, over time, to converge in theirefforts to collect and report the most robust andtransparent data possible after 2020 and report in acommon format after that point, in light of theirrespective national circumstances and capabilities.
Developing countries are enabled to participate fullyin such an enhanced MRV framework, through theprovision of additional financial support, capacity
building, and technology development and transfer,as needed, in accordance with varying national
circumstances.
The creation of a facilitative implementation mechanism, which promotes effective implementation
with countries in need of additional action and helps
to meet their commitments, thereby enhancing
accountability under the Agreement.

The full text of the suggested legal text developedby the ACT 2015 consortium can be found after the
introduction, below. It is accompanied by an explanatory memorandum that provides additional informationon the aims and operation of the proposals presented
in the legal text. It is also provided separately in anannex for reference.

4 |ACT 2015

INTRODUCTION
The Challenge: A Successful 2015
Agreement in Paris
Many national and multilateral actions and initiatives toaddress climate change are already under way aroundthe world. Local communities and businesses are also
involved. However, current action is inadequate to avoid
the worst impacts of climate change.
The aim of the new UN Agreement must be to advanceand inspire still greater international cooperation to
implement ambitious and fair programs that will speed
the transition to a low-carbon, climate-resilient economy.
The Ad Hoc Working Group on the Durban Platform for
Enhanced Action, or ADP, was established in 2011 at
the 17th Conference of the Parties (COP) to the United
Nations Framework Convention on Climate Change (theConvention). Mandated to “develop a protocol, anotherlegal instrument or an agreed outcome with legal force
under the Convention applicable to all Parties,”2 the ADP
was faced with the task of producing an instrument thatwould effectively address significant gaps that exist in
global climate change policy through the framework of theConvention. After adoption at the 21st COP in December
2015, the new Agreement will shape international
cooperation on climate change from 2020 onwards.
In order to be successful, the Paris Agreement must
speak to all countries and constituencies. It must takefull account of countries’ very different perspectives,
needs and capabilities. This challenge inspired theformation of the Agreement for Climate Transformation (ACT) 2015 consortium, a group of experts whocame together with the express purpose of identifying
approaches that might help to guide negotiations in
Paris to a successful conclusion.

The Approach of the ACT 2015 Consortium
The ACT 2015 consortium, formed in 2013, brought
together experts from nine institutes and universities whoconvened a series of meetings around the world to engage
a diverse set of stakeholders in discussions about the possible form and content of the 2015 Agreement. Seventeen
convenings were held in Africa, Europe, North and SouthAmerica, and Asia. Stakeholders included representatives

Getting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

from governments, NGOs, the business sector, labor andfaith groups. The consortium also conducted research andanalysis in order to develop ideas on the content of theAgreement, for consideration by the Parties.
In October 2014, the consortium shared a draft paper,“Elements and Ideas for the 2015 Paris Agreement,”3with governments and other stakeholder representatives
at the ADP meeting. This process generated comments
and questions that further informed the final publication,
which was released in December 2014. After additional
input, convenings and analysis, the “Elements andIdeas” paper served as the basis for the more formal
legal proposal from the consortium that is containedin this document.
Decision-makers in Paris will be faced with multiple
choices, both among the major themes of the Agreement
as a whole and at a more detailed level within each
Article. In the end, these choices—made by all—will haveto represent a balance on multiple levels, in such a waythat all Parties believe that their own priorities have been
represented and that no fundamental “red lines” havebeen crossed.

Achieving Balance, Robustness, Broad
Participation, Effectiveness and Fairness
Many options exist to create a balanced and fair
Agreement. In its work, the consortium had to makejudgments about the level of priority of various options
and how the pieces could fit together to create an
operational Agreement. Certain cross-cutting themes
emerged repeatedly, for example, how can the Agreement
drive greater action across the board, creating cycles ofcontinuous improvement? How is equity or differentiation
treated across and within sections of the Agreement? How
can there be “political parity” across the key elementsof the Agreement that reassures Parties that their core
issues have been addressed? How are effectivenessand robustness enhanced while still ensuring broad
participation? The consortium hopes that the choices it
made can provide helpful lessons for decision-makers
in the final months before Paris.
The following issues encompass some of the key choices
and tradeoffs that are embedded in the suggested legal
text presented in this document.

“Multilateral vs Nationally-Determined”
Approaches
Climate change requires global agreement on certain
actions and solutions but it is clear that the 2015 Paris
Agreement will have strong roots in national decisionmaking. In order to provide balance between a wholly
nationally driven approach and multilateral rules andnorms, the choice was made to include a specific longterm goal for mitigation and a long-term goal for adaptation. These goals are focused on motivating, and providing
overarching guidance to, the specific national actions thatwill be undertaken by Parties individually and collectively.
Another counter-balancing factor to the lack ofmultilateral rules and norms, which some members of
the consortium believe would facilitate greater ambition,
was to include a provision to update the commitments
regularly through five-year cycles of continuous
improvement, combined with a decision that countries
not roll back their commitments but rather commit tostrengthening them at regular short-term (five-year)
intervals. The ACT 2015 suggested legal text proposes
three cycles of continuous improvement that apply todifferent policy areas, but are equally important in theAgreement: mitigation, adaptation, and support.
Creating a balance between having a clear link between
the agreement and country INDCs was approached bycreating a legally binding obligation on all Parties toimplement the mitigation commitments that would
be inscribed in a list, kept by the secretariat and madepublically available alongside the Agreement.

Universal Participation and Equity
In the Durban outcome, Parties decided that theAgreement will be “under the Convention” and “applicable
to all Parties.” Requiring the Agreement to be universal
in its application while also maintaining critical elementsof equity is extremely challenging. The approach takenby the consortium was to recommend that each of thethree cycles of action apply universally to all countries.
Each cycle, however, would be applied in different ways
and with a variety of approaches to differentiation.
In addition, the focus of the Agreement on nationallybased commitments is balanced by the creation of aprocess to determine an equity framework that can more
systematically inform the negotiations in future cycles.

WORKING PAPER | May 2015 | 5

Such an equity framework is an important part of the newpractice that the Agreement would promote and enhance.

Action and Support
The consortium chose to define “support” as a packagethat includes finance, capacity building, and technology
development and transfer, all of which should beunderstood together. Views on these matters are very
diverse and there is a legacy of distrust on all sides.
Developing countries note the lack of delivery of support
over many years, and point to the unbalanced distributionof financial support when it is provided. Developed
countries note that levels of support have increased,though perhaps not enough, and also point to the lackof enabling environments and project pipelines in many
developing countries. Developed countries also highlightthe fact that domestic fiscal and political conditions makeit almost impossible to do more, particularly when nonAnnex I countries with relatively high levels of GDPs are
not required to contribute finance.
It is clear that an understanding before Paris and a
resulting COP decision on how countries will meet thecommitment to mobilize $100 billion a year in financeby 2020 is fundamental for success at the Paris COP. In
the Agreement itself, the support package must provide
enough clarity and accountability for developing countries
to feel confident that they can meet the mitigation andadaptation measures to which they commit. Developed
countries, along with other Parties with high levels of
capacity, need to understand the imperative to provide
support to developing countries in their efforts to solve
and adapt to the climate problem. The support provisions
in the suggested legal text therefore include a robust
finance cycle aimed at creating a dynamic process linking
finance needs with finance mobilization, and encouraging
all countries to adapt their national legal and institutional
contexts to enable the shift and scaling-up of climate
finance and investment.

Transparency and Implementation
Many stakeholders are deeply interested in understanding
what countries are doing and whether or not they aremeeting their commitments. Transparency assists inbuilding trust among countries; it also provides clarity forinvestors with respect to the direction that countries are
pursuing not only on mitigation, but also on adaptationand support. Regarding MRV of mitigation actions and6 |ACT 2015

support, some developing countries have indicated thatthey are still working on implementing the relatively
new MRV requirements adopted in Copenhagen andCancun, and that it is too soon to enhance the frameworkfurther or consider additional requirements. Maintaining
the status quo, however, is not acceptable to developed
countries, which have differing views concerning whencommon guidelines on MRV and accounting should takeeffect. The choice made by the ACT 2015 consortium isthat the UNFCCC should learn from existing systems
for the coming five years but that the Paris Agreement
should prepare the ground for an MRV and accounting
framework in which all parties would aspire, over time,
to collect and report the most robust and transparent
data possible in a common format after 2020. Further,for developing countries to participate fully in such anenhanced framework, the consortium insists that, in
accordance with varying national circumstances, they will
require additional financial support, capacity building,and technology transfer.

Purpose of the Suggested Legal Text
The ACT 2015 consortium set itself the goal of developing
a suggested legal text that would provide a valuable guideto negotiators and stakeholders in the run-up to Paris.
The text is grounded in the ADP negotiating text but it
is more ambitious: the consortium believes that the new
Agreement needs to go further than the Convention andKyoto Protocol and this paper aims to define, as concretely
as possible, the global role that the new Agreement must
play and the objectives that it must meet. The suggested
legal text and its explanatory memorandum can then be
used as a tool, benchmark, references, not only to navigate
complex negotiating options and positions, but also
help countries and group of countries identify areas ofconvergence. The purpose of the suggested legal text is
to provide ideas for the consideration by Parties.

Functions of a Successful 2015 Agreement
The details of the suggested legal text were developedon the basis of a strong core of functions that the 2015
Agreement should perform. These functions were firstpresented in the ACT publication, “Elements and Ideas
for the 2015 Paris Agreement.” The focus on functions
allowed participants in the consortium convenings to
consider the specific roles of the 2015 Agreement, relative
to the roles that are (or are not) currently played by otherGetting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

policies or instruments. The functions, summarized below,
constitute a vision of what the Paris Agreement could
achieve. If these functions are achieved, then positivechange will result.
1. Send a clear signal to policy makers, businesses,
investors and the public that the low-carbon economy
is not just essential – it is inevitable. It is importantfor governments, investors, corporations and NGOs
that the Agreement provides clarity and greater
predictability as to the future evolution of the
global economy.
2. Link science with a sense of urgency. The 2015
Agreement must be crafted in a manner that would
ensure that it is informed by and responsive toscientific findings and developments.
3. Connect the 2015 Agreement to the “real economy”
and “real people” while enhancing sustainable
development. It is important to ensure that a
disconnect between the multilateral agreement andnational and local economic and development policies
and measures is avoided. The Agreement shouldtake account of, and link to, national economic anddevelopment priorities.
4. Ensure equity in climate actions and a fair outcome.
Equity must be fully integrated into the entirety of
the 2015 Agreement in order to reflect historicalresponsibilities and responsibilities to future
generations, as well as current and future capabilities.
5. Provide transparency and accountability for country
commitments. Country actions and support should
be communicated in a clear and transparent fashion,
to address uncertainty around implementation, andto build confidence and trust amongst governments
and stakeholders.
6. Incentivize action. The 2015 Agreement must
incentivize and accelerate the shift in investment
to low-carbon and climate-resilient economies andsocieties, mobilizing, enabling and aligning broader
financial flows to long-term goals and providing
support to developing countries. The 2015 Agreement
must be facilitative, and action must be incentivized

not only with regard to mitigation and adaptation, butalso in relation to technology development, innovationand knowledge transfer.
7. Ensure that vulnerable communities have thecapacity to build resilience, manage and adapt to
the impacts of climate change. The 2015 Agreement
should emphasize the importance of reducing
vulnerability and building resilience to climate
impacts, and of integrating these aims with broader
development objectives.

The Suggested Legal Text and Elements for
COP Decisions
The suggested legal text for the Paris 2015 Agreement,
developed by the ACT 2015 consortium on the basis of
two years’ stakeholder consultations and research andanalysis, is presented on pages 8 to 37.
The consortium also suggests elements of COP decisions
which are presented on pages 38 to 40. This is due to thefact that, in many cases, the Articles of the Agreement
will not be able to provide the level of detail needed forcountries to implement. It would therefore be prudent
and efficient to include a set of decisions which would
outline what detailed ‘rulemaking’ needs to happen by
when in order for Parties to be able to implement theAgreement with rigor.

The Explanatory Memorandum
The Explanatory Memorandum is presented on pages 8 to
37 alongside the suggested legal text to guide the reader
and provide explanation.
The Explanatory Memorandum provides commentary
and additional explanation regarding the articles inthe suggested legal text of the Agreement. It employs
less formal language to expand on many of the articles’
paragraphs, provide the rationale behind the newsuggestions, and highlight the themes and functions
underpinning the entire text.

WORKING PAPER | May 2015 | 7

SUGGESTED LEGAL TEXT: PARIS AGREEMENTThe Parties to this Agreement have agreed as follows:

PARIS AGR E E ME N T

E XPL ANATORY M E M ORANDUM

Article 1: Definitions i

The consortium did not draft preambular text to the Agreement
because it was not considered essential at this stage of the negotiations.
However, Parties may wish to include brief language, in line withinternational practice.

For the purposes of this Agreement, the definitions contained in Article 1 of the Convention shall apply. In addition:
1. “Adaptation efforts statement” means a statementon existing and planned national and subnational
policies, programs, plans, projects, processes
and other measures, including impact, risk, andvulnerability assessments or other studies, which aim
to reduce the vulnerability and enhance the resilienceof communities to climate change or otherwise toaddress the impacts of climate change.
2. “Conference of the Parties” means the Conference of
the Parties to the Convention.
3. “Convention” means the United Nations Framework
Convention on Climate Change, adopted in New Yorkon 9 May 1992.
4. “Intergovernmental Panel on Climate Change” means theIntergovernmental Panel on Climate Change establishedin 1988 jointly by the World Meteorological Organizationand the United Nations Environment Programme.
5. “Long-term adaptation goal of this Agreement” means
the long-term adaptation goal specified in paragraph 2
of Article 2 (General Provisions).ii
6. “Long-term mitigation goal of this Agreement” means
the long-term mitigation goal specified in paragraph 2
of Article 2 (General Provisions).
7.

“Meeting of the Parties” refers to the Conference of
the Parties serving as the Meeting of the Parties tothis Agreement.

8. “Mitigation commitments” means quantified emission
limitation and reduction objectives, long-term nationalemissions goals, other relevant quantified objectives,or policies and measures to reduce or limit greenhousegas emissions and enhance sinks.

iii

Titles of articles are included solely to assist the reader.
Titles of articles are added in parentheses and italics solely to assist the reader.

8 |ACT 2015

Article 1 (Definitions) follows existing precedent (Kyoto Protocol)
and, in addition, includes a number of definitions of novel core terms
used in the Agreement, including “Meeting of the Parties,” “mitigationcommitments,” “adaptation efforts statements,” “long-term adaptation
goal,” “long-term mitigation goal,” and “support.”

Getting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

PARIS AGR E E ME N T

E XPL ANATORY M E M ORANDUM

9. “Parties present and voting” means Parties present
and casting an affirmative or negative vote.
10. “Party” means, unless the context otherwise indicates,
a Party to this Agreement.
11. “Phase out net global emissions” means global removals of greenhouse gases by sinks equal or exceed global
emissions by sources from a given year onwards.
12. “Support” means, unless the context otherwise indicates, the provision of finance, technology and capacity
building in accordance with Articles 6 (Finance), 7(Technology Development and Transfer) and 8(Capacity Building).

Article 2: General Provisions

Article 2: General Provisions

1. This Agreement shall be under the Convention andguided by its principles.

Article 2, para. 1 reflects the agreement of the Parties to negotiate a“new protocol, another legal instrument or an agreed outcome with legal
force under the Convention applicable to all Parties.”

2. In order to achieve the objective of the Convention
under its Article 2, the Parties shall pursue the following two long-term goals in a holistic and integrated
manner, recognizing their interconnectedness andmutual supportiveness:(a) To hold the increase in global average temperature
below 2°C or 1.5°C above pre-industrial levels, thelong-term mitigation goal of this Agreement is, inaccordance with the latest science as reflected in
the assessments of the Intergovernmental Panelon Climate Change, to phase out net global greenhouse gas emissions as early as possible in thesecond half of this century, including an earlier
phase-out of net global emissions of carbon dioxide, through the collective actions of all countries
based on their common but differentiated responsibilities and respective capabilities, in light ofdifferent national circumstances.
(b) The long-term adaptation goal of this Agreement
is to reduce the vulnerability, and build andensure the resilience, of communities to climatechange impacts, through the collective actions of
all countries, including through scaled up support,
based on their common but differentiatedresponsibilities and respective capabilities, inlight of different national circumstances.

Article 2, para. 2 includes two long-term goals for the Agreement. By
setting out both a long-term mitigation and adaptation goal, the Parties are
acknowledging the mutually reinforcing nature of mitigation and adaptation actions, and that a combination of both provides the best approachto achieving the objective of the Convention. Long-term goals also send
clear long-term signals to governments, investors, businesses and otherstakeholders, enabling actions and investments towards climate-resilient
and low-carbon growth.
The establishment of a “long-term mitigation goal” to phase out all GHG
emissions to net zero as early as possible in the second half of thiscentury,4 and a long-term adaptation goal to build resilience (formulation),builds upon the decision of governments in 2010, at the Conference of theParties in Cancun, Mexico, wherein they agreed to limit the increase in the
global average temperature to below an average of two degrees Celsius
above pre-industrial levels, and recognized the increasing need to adapt toclimate change impacts that have already begun to take place.5
Both goals are to be achieved by the collective action of all countries, inlight of different national circumstances, on the basis of their common but
differentiated responsibilities and respective capabilities, as recognized by
Article 3 of the UNFCCC.6 Hence the consortium recognizes that different
timeframes would be expected for developed and developing countries toachieve the phase out goal.

WORKING PAPER | May 2015 | 9

PARIS AGR E E ME N T

E XPL ANATORY M E M ORANDUM

3. Parties shall implement this Agreement in an
equitable manner, in accordance with their common
but differentiated responsibilities and respective
capabilities, in light of different national circumstances. The Meeting of the Parties shall, at its firstsession, adopt an equity framework to assist andprovide guidance to the Parties in implementing thisAgreement accordingly.

Article 2, para. 3 requires the Meeting of the Parties to the Agreement
to adopt an equity framework at its first session. This equity framework will
guide the implementation of the Agreement, specifically through integrationin the five-year cycles for adaptation, mitigation, and support. Work would
need to start immediately, mandated by a decision of the Conference of
the Parties to the Convention (COP) in Paris, to enable agreement on theframework in the COP by 2017 (see Elements for COP decisions above).

4. The Parties shall continuously progress their actions
under this Agreement, beyond existing undertakings,
toward the long-term adaptation and mitigation goalsof this Agreement, in parallel and mutually supportive
five–year cycles for mitigation, adaptation, andsupport as specified in paragraph 5 of Article 3(Mitigation), paragraph 4 of Article 4 (Adaptationand Loss and Damage) and paragraph 5 of Article 6(Finance), respectively.

Article 2, para. 4, on Cycles, points to the parallel and mutually
supportive five-year cycles for adaptation, mitigation, and support further
elaborated in Articles 3 (Mitigation) para. 5, 4 (Adaptation and Loss andDamage) para. 4, and 6 (Finance) para. 5. These cycles help actualize thelong-term goals, and, in effect, the objective of the Convention as embodied
in Article 2 of the Convention. They allow for durability and the continuous strengthening of the regime, while rendering unnecessary a return toprolonged negotiations at the end of a commitment period. Putting five-year
improvement cycles in place would also enable the identification of, andsupport for, action and leadership, while maintaining predictability andconfidence in the process.

5. The implementation and development of this Agreement should be informed by and respond to the latest
scientific information as communicated to the Meeting of the Parties by the Intergovernmental Panel on
Climate Change.

Article 2, para. 5 links the Agreement and its outcome to scienceby ensuring it is informed by and responsive to scientific findings anddevelopments. The consortium envisions the IPCC to continue to play its
current role. Like the COP, the Meeting of the Parties will use IPCC dataand information as a baseline on the state of knowledge on climate change
in making science based decisions.

Article 3: Mitigation

Article 3: Mitigation

1. In accordance with the provisions of this Article, eachParty shall, striving for a comprehensive scope and ahigh and increasing level of ambition in pursuit of thelong-term mitigation goal of this Agreement, prepare,regularly update, and implement mitigation commitments, consistent with its common but differentiatedresponsibilities and respective capabilities, in light ofdifferent national circumstances.

Article 3, para. 1, recognizing the need for urgent action and deep emission
cuts in order to achieve the long-term mitigation goal,7 sets out the undertaking of mitigation commitments by Parties in a transparent manner. Suchcommitments must be comprehensive in scope and reflect an increasing levelof ambition with no backsliding,8 in order to ensure that the goal is met. Mitigation commitments in this Agreement are taken to mean quantified emission
limitation and reduction objectives, long-term national emissions goals, otherrelevant quantified objectives, or policies and measures to reduce or limit
greenhouse gas emissions and enhance sinks (see Article 1 on Definitions).

2. Each Party shall implement mitigation commitments
through to 2025, as inscribed in a list to be kept by
the secretariat and to be made publicly available
alongside this Agreement. It may, in addition, implement further mitigation commitments, including
through to 2030, as inscribed in the same list. In lightof different national circumstances, least developed
countries and small island developing States shallhave particular flexibility regarding the scope, stringency, form, type, and frequency of their mitigationcommitments.

Article 3, para. 2 clarifies the scope of the Agreement in relation to
mitigation commitments, and the periods to which they may apply and be
implemented. Our intent is to provide space for Parties to commit to action
towards results rather than results themselves. Parties could take a rangeof different types of commitments that would be captured in the list. Theremay be other formulations to achieve this. For the first round, all Parties’commitments are to extend to 2025, although indicative commitments to2030 and beyond (e.g. 2050) would be also possible or even encouraged.
It also makes reference to conditions under which Parties to the Convention
may become Parties to the Agreement.

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PARIS AGR E E ME N T

E XPL ANATORY M E M ORANDUM

3. Developing countries, including, in particular, least
developed countries and small island developing States,
shall be eligible for support for the preparation, updating, and implementation of mitigation commitments,
and are encouraged to indicate which additional
mitigation commitments they could undertake if theyreceive support, including information on the type andmagnitude of support needed.

The inscription of mitigation commitments in a list outside the Agreement
itself was chosen due to greater support for this approach than others in
ACT 2015 consultations. It has the added advantage of facilitating flexible
upgrading of listed commitments. The option is made more robust by
a commitment to implement the commitments and a clear anchoring inand link to the Agreement’s provisions (see on paragraph 7 below). The
mitigation commitments initially inscribed by the secretariat will be thosecommitments that apply through to 2025. Article 3, para. 5 specifies
how the ambition of all Parties’ commitments shall be raised in a continuous mitigation cycle every five years.

4. An independent expert panel is herewith establishedto assist the Meeting of the Parties in assessing, andthereby informing, Parties’ mitigation commitments.
The Meeting of the Parties shall, at its first session,
adopt terms of reference of the panel, including its
composition.
5. The ambition of all Parties’ mitigation commitments
shall be raised in a continuous mitigation cycle every
five years, informed by and informing the adaptation
cycle under Article 4 (Adaptation and Loss andDamage) and the support cycle under Article 6(Finance), until the long-term mitigation goal of thisAgreement is met, as follows:(a) By the end of 2020 the Meeting of the Parties shallconsider new or upgraded mitigation commitments
through to 2030, as submitted by Parties. Every
five years thereafter, the Meeting of the Parties
shall consider mitigation commitments submitted
by Parties extending for a further five years. The
mitigation commitments from the Parties shall beconsidered jointly accepted unless a majority ofParties objects. Upon acceptance, mitigationcommitments shall be inscribed in the list referred
to in paragraph 2 above, and each Party shall
implement its mitigation commitments. If the mitigation commitments are not accepted, each Party
shall revisit and resubmit, revised as appropriate,
for acceptance at the next session of the Meetingof the Parties.
(b) Each Party shall prepare and submit intended mitigation commitments pursuant to sub-paragraph(a) above to the secretariat no later than two years
prior to the date by which the Meeting of the Parties is to consider them under sub-paragraph (a)above. Intended mitigation commitments shall:Paragraph 2 also highlights the need for particular flexibility in the mitigation commitments of least developed countries and small island developing
States, to reflect their different national circumstances. This flexibility isreiterated in Article 3, para. 5 (f) for future mitigation commitments.9
Article 3, para. 3 specifies the call for Parties to recognize the special
needs of developing countries, especially least developed countries andsmall island developing States. In particular, it recognizes developing
country Parties’ need for support in the preparation, updating, and implementation of mitigation commitments, acknowledging that the availabilityof support would allow them to undertake more mitigation action, andencourages communication of relevant information to this end.
An expert panel is established in Article 3, para. 4 to undertake bothindividual country mitigation assessments and a collective assessment,
learning from other international agreements and national institutionalframeworks. It was judged that a new expert panel is required because no
currently existing institution could carry out these functions. The first Meeting of the Parties is mandated to elaborate terms of reference for the panel,including on its composition. Since the panel should already become
operational earlier, the COP should launch a process in Paris, tobe concluded in 2016.
Article 3, para. 5 establishes a continuous mitigation cycle for raising theambition of Parties’ mitigation commitments over time. This cycle is to informand be informed by the adaptation and support cycles established in Article 4(Adaptation and Loss and Damage) and Article 6 (Finance), respectively.
The mitigation cycle ensures that the Parties remain on the path toward theachievement of the long-term mitigation goal in an ambitious yet manageable and transparent manner. It institutes a process whereby all Parties put
forward strengthened mitigation commitments every five years. A technicalreview of information and a multilateral assessment by an independent
expert panel will provide technical input to individual country mitigationcommitments, as well as provide input to collective assessments. To dothis, the panel shall continually monitor the “aggregate emission gap,” orthe gap between the combined effect of the Parties’ commitments and theoverarching long-term goals of the Agreement.10

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PARIS AGR E E ME N T(i) Represent a progression beyond existing commitments of each Party, taking into accountscope, stringency, form, and type; and(ii) Take into account, inter alia, (a) information
on previous implementation by Parties; (b)information on support available and neededin accordance with Articles 6 (Finance), 7(Technology Development and Transfer)and 8 (Capacity Building), (c) the equity
framework under paragraph 3 of Article
2 (General Provisions); and (d) a global
assessment by the independent expert panel
under paragraph 4 above of the consistencyof Parties’ aggregate existing mitigationcommitments with the achievement of thelong-term mitigation goal of this Agreement.
(c) The independent expert panel shall, within one
year of the submission of intended mitigationcommitments:(i) Assess each Party’s intended mitigationcommitments in order to determine whether
they fulfill the requirement of sub-paragraph(b)(i) above, and to provide country-specificadvice on ways and means for increasing
their ambition; and(ii) Undertake a global assessment of theconsistency of Parties’ aggregate intended
mitigation commitments with the achievement of the long-term mitigation goal ofthis Agreement.
(d) Taking into account the advice received under
sub-paragraph (c) above, each Party shall submit
its mitigation commitments for consideration of
the Meeting of the Parties at least three months
before the session at which it is proposed for
acceptance. The secretariat shall forthwith circulate these proposed mitigation commitments to
all Parties and make them available to the public.
(e) Competent international and non-governmentalorganizations, as well as subnational
authorities, are encouraged to provide input tothe mitigation cycle.

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E XPL ANATORY M E M ORANDUM

An important component of the mitigation cycle is the requirement that,every five years, the Meeting of the Parties will consider the mitigation commitments submitted by Parties for the next five years. These
commitments will not be considered on an individual basis but rather
on a collective basis, reflecting the need for the mitigation commitments
to reach the collective mitigation goal. These mitigation commitments
shall be accepted by the Meeting of the Parties, unless a majority of
the Parties object. Including this review enables the Meeting of theParties to consider the commitments on a collective basis, the progressthat has been made toward both the long-term mitigation goal of thisAgreement, and the overall objective of the Convention.
Input by non-Party actors, such as competent expert institutions,companies, and others, shall be encouraged in order to bring additional
expertise into the process and ensure the robustness of the process andcommitments.
The first Meeting of the Parties is mandated to adopt further rules andmodalities for the mitigation cycle. Since these rules and modalities shouldde facto already be in place (to guide Parties towards the first round in2020), the COP should launch a process in Paris, to be concluded by 2017.

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PARIS AGR E E ME N T(f) Least developed countries and small island
developing States shall have particular flexibility
regarding the frequency of submission of their
future mitigation commitments.
(j) The Meeting of the Parties shall, at its firstsession, adopt further rules and modalities for the
mitigation cycle and shall regularly review theserules and modalities thereafter.
6. Each Party may, at any time, submit mitigation commitments that are additional to, or upgrades of,
mitigation commitments inscribed in the list referred
to in paragraph 2 above. The secretariat shall circulate
such additional or upgraded mitigation commitments
to all Parties and make them available to the public.
The additional or upgraded mitigation commitments
shall be considered accepted under sub-paragraph 5(a)unless at least one tenth of the Parties object within
three months of the circulation by the secretariat.
7. Mitigation commitments inscribed in the list referred
to in paragraph 2 above may be modified only following the procedures provided for in paragraphs 5 and 6
above, as applicable, and respecting the requirements
specified therein.
8. The Implementation Committee under Article 10(Mechanism for Facilitating and Promoting Implementation) shall be responsible for facilitating andpromoting submissions of mitigation commitments
under paragraphs 5(b) and (d) above, where a Party
has not made a submission within six weeks of theapplicable deadline.
9. Parties may cooperate in the implementation of their
mitigation commitments, including through marketand non-market-based mechanisms, including themechanisms established under Articles 6, 12 and 17of the Kyoto Protocol to the Convention and any new
economic mechanism. The Meeting of the Parties shalldevelop relevant modalities, rules, and guidelines,
including those that ensure environmental integrity
and avoid double counting.
10. The Meeting of the Parties shall adopt the decisions
necessary for the full implementation of this Article.

E XPL ANATORY M E M ORANDUM
Article 3, para. 6 authorizes the submission of improved mitigationcommitments at any time. This seeks to encourage the upgrading ofcommitments by the Parties in order to close the “aggregate internationalemission gap” as swiftly as possible, and provides Parties that wish to go
further faster with a procedural means to do so.11

Article 3, para. 7 ensures that mitigation commitments that have been

inscribed cannot unilaterally be changed by Parties. Any changes haveto follow the procedures determined in the article in accordance withthe applicable requirements (especially the requirement that changes
the need to constitute an upgrading of existing commitments and must
not result in their weakening).

Article 3, para. 8 provides guidance on how to ensure the timely submission of mitigation commitments. The Implementation Committee (which
serves the entire Agreement) established in Article 10 (Mechanism for
Facilitating and Promoting Implementation) of this Agreement is mandated
to facilitate and promote the submissions containing mitigation commitments under the mitigation cycle.12

Market- and non-market-based mechanisms, including the market
mechanisms established under the Kyoto Protocol, and new economic
mechanisms, are incorporated in Article 3, para. 9, which allows thecooperation of Parties in the implementation of mitigation commitments. The
existing mechanisms have been acknowledged as having a role in enhancing
and promoting the cost-effectiveness of mitigation actions.13 However, asemphasized in Decision 1/CP.18, all such mechanisms must “meet standards
that deliver real, permanent, additional, and verified mitigation outcomes.”14
As such, the Article encourages the development of relevant modalities, rules,
and guidelines to ensure environmental integrity and avoid double counting,given that the ultimate purpose of these mechanisms is to support, andpossibly help overachieve, economy-wide targets and emissions limitations.15
The Meeting of the Parties is mandated to elaborate relevant modalities, rules
and guidelines. In view of the urgency of the matter, the COP should launch a
process in Paris, to be concluded in 2017.

Finally, Article 3, para. 10 mandates the Meeting of the Parties to adopt
the decisions necessary in order to ensure the full implementation of Article
3 (Mitigation) and the achievement of its objectives.

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Article 4: Adaptation and Loss andDamageArticle 4: Adaptation and Loss and Damage

1. In accordance with the provisions of this Article andin pursuit of the long-term adaptation goal of thisAgreement, each Party shall, taking into account theneed for collective mitigation action to minimize theneed for additional adaptation action, work toward
strengthening and advancing international cooperation
on adaptation, and shall prepare, regularly update, andimplement adaptation efforts, consistent with its common but differentiated responsibilities and respective
capabilities, in light of different national circumstances,and building on existing adaptation initiatives andactivities under the Convention.

Article 4, para. 1 highlights the important role of collective mitigationand international cooperation on adaptation in order to achieve the longterm adaptation goal of the Agreement. In order to ensure that the long-term
adaptation goal is met, Parties are tasked to regularly update and implement
adaptation efforts, building upon existing adaptation initiatives.

2. The Parties shall take into account that, in light of theirdifferent national circumstances, developing country
Parties, in particular those that are particularly vulnerable, including least developed countries and small
island developing States, shall be eligible for support
in pursuing the long-term adaptation goal of thisAgreement.

Article 4, para. 2 reiterates the call for parties to recognize the special
needs of developing countries. It acknowledges that support, in the form offinancing, technology, and capacity building, is necessary to these Statesin order for them to be able to complete and implement the long-term
adaptation goal.16

3. As a central element of its adaptation efforts, each Party
shall undertake a process to formulate, implement,
and continuously update a national adaptation plan inaccordance with the Cancun Adaptation Framework
established by decision 1/CP.16 and national adaptation
plan process elaborated in decision 5/CP.17.

Article 4, para. 3 builds upon the existing National Adaptation Planprocesses, and requires each Party to formulate, implement, and regularly
update such plans. These NAPs are a means of identifying medium- andlong-term adaptation needs and developing and implementing strategies
and programs to address those needs.17

4. The adaptation efforts of each Party shall be enhanced,
communicated, and updated in a continuous adaptation cycle, informed by and informing the mitigation
cycle under Article 3 (Mitigation), joint agreements
under Article 5 (Additional Cooperative Action) and the
support cycle under Article 6 (Finance) in pursuit of thelong-term adaptation goal of this Agreement, as follows:

To ensure that the long-term adaptation goal is achieved, Article 4,para. 4 establishes a continuous adaptation cycle, to inform and be
informed by the mitigation and support cycles established in Article 3(Mitigation) and Article 6 (Finance), respectively. It sets out the process
and duration of the assessment cycle and would allow Parties to review
international adaptation efforts statements and address gaps in the areasof support and implementation.18 It is important to establish such a cycle
in order to create regular, five-year moments to check on the effectivenessof both implementation and support of adaptation, which is why each Party
has an obligation to submit adaptation efforts statements every five years.
Parties that have included an adaptation component in their INDCs orotherwise communicated their undertakings in adaptation planning to thesecretariat may draw upon these communications in their initial adaptation
efforts statements. Recognizing that Parties have different levels of capacity
to undertake the development of adaptation efforts statements, Article 4,para. 5 provides for related support to developing country Parties.

(a) The Meeting of the Parties shall, every five years
starting in 2020 and based upon the status reportby the Adaptation Committee under sub-paragraph(d) below, consider ways and means to enhance
adaptation action under this Agreement and Parties’ adaptation efforts, and take further measures,
as may be required, to achieve the long-term
adaptation goal of this Agreement.

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PARIS AGR E E ME N T(b) Each Party shall, no later than two years prior
to the first consideration by the Meeting of theParties referred to in sub-paragraph (a) above,
based on, inter alia, its national adaptation planning under paragraph 3 above, any other relevant
national policies, reports or plans, and the equity
framework under paragraph 3 of Article 2 (General
Provisions), submit its initial adaptation efforts
statement to the secretariat, including information on the type and magnitude of support needed
beyond domestic resources, as appropriate. Each
Party shall submit a new or updated adaptation
efforts statement every five years thereafter. The
Meeting of the Parties shall, by 2020, decide on theway in which adaptation efforts statements shall be
publicly recorded.
(c) The Adaptation Committee shall, upon the submission of adaptation efforts statements under subparagraph (b) above, every five years undertake areview of progress towards the long-term adaptation goal of this Agreement, with the aim of identifying ways and means to enhance adaptation action
under this Agreement as well as adaptation efforts
by Parties. The review shall encompass a focus on
identifying best practices at country or regional
level, promoting mutual learning and facilitating
implementation, including the facilitation of support for the implementation of adaptation efforts inaccordance with Articles 6 (Finance), 7 (Technology Development and Transfer) and 8 (Capacity
Building) by developing country Parties. In addition to the submitted adaptation efforts statements,
the review shall be based, inter alia, on (i) thesynthesis and aggregate analysis of the Standing Committee on Finance under paragraph 5 of
Article 6 (Finance), (ii) the equity framework underparagraph 3 of Article 2 (General Provisions), (iii)
other relevant national reports and plans and, (iv)relevant scientific input.

E XPL ANATORY M E M ORANDUM
Recognizing the importance of avoiding duplication and the creation of
new bodies, paragraph 4 furthermore expands the existing mandate of the
Adaptation Committee, identifying it as the main body tasked to review
the progress being made towards the long-term adaptation goal at every
cycle, with a view to enhancing the adaptation cycle and Parties’ adaptation
efforts statements. To ensure that separate cycles continue to inform andreinforce each other, the review shall take into account the analysis of
the Standing Committee on Finance, and other relevant reports, policies,
plans, and scientific findings, to produce an integrated report and robust
recommendations. The equity framework established under the Agreement
will continue to guide Parties’ implementation of the Agreement. An
assessment of the gap between adaptation needs and the resources thathave been mobilized to address them must necessarily be included in
the review.
To ensure the robustness of the process, input from competent international and non-governmental organizations, as well as subnational
authorities, is encouraged.
This paragraph also authorizes the submission of improved adaptation
efforts statements at any time to encourage the constant progression ofadaptation efforts and attain the long-term adaptation goal at the earliest
possible time.19(d) The Adaptation Committee shall, as a result of therecurrent review under sub-paragraph (c) above,issue a status report, including lessons learned, andmake recommendations to the Meeting of the Parties on ways and means to enhance the adaptation
action under this Agreement and Parties’ adaptation efforts every five years, starting in 2020.

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PARIS AGR E E ME N T

E XPL ANATORY M E M ORANDUM(e) Each Party may, at any time, submit new or updated
adaptation efforts statements that are additional tothose under sub-paragraph (b) above. These shallbe publicly recorded as determined by the Meetingof the Parties under sub-paragraph (b) above.
(f) Competent international and non-governmentalorganizations, as well as subnational authorities, areencouraged to provide input to the adaptation cycle.
(g) The Meeting of the Parties shall, at its first session,
adopt further rules and modalities for the adaptation cycle, and shall regularly review these rules
and modalities thereafter.
5. In light of their different national circumstances,developing country Parties, in particular those thatare particularly vulnerable, including least developed
countries and small island developing States, shall be
eligible for support for the formulation, implementation, and regular updating of national adaptation plans
under paragraph 3 above, and for the submission ofadaptation efforts statements under paragraph 4(b)above. Such support shall be available in accordancewith Articles 6 (Finance), 7 (Technology Development
and Transfer) and 8 (Capacity Building).

Article 4, para. 5 provides for enhanced support for developing country
Parties, in line with Articles 6 (Finance), 7 (Technology Development andTransfer) and 8 (Capacity Building), in the formulation, implementation, andupdating of their National Adaptation Plans, and the submission of theiradaptation efforts statements. This provision recognizes that such countries
have less capacity to undertake effective adaptation efforts on their own,
and seeks to ensure broad and scaled up participation in achieving the
global adaptation goal.

6. Relevant international organizations and expert bodies
outside the Convention are encouraged to cooperate andinvited to report regularly on their actions and activities
to achieve the long-term adaptation goal of this Agreement to the Meeting of the Parties. The Meeting of theParties shall develop further guidelines, as appropriate.

Article 4, para. 6 emphasizes the importance of working with international organizations and expert bodies, that are especially knowledgeable
about adaptation, to ensure the development of more effective adaptation
actions. This includes bodies such as the World Health Organization,
the Food and Agriculture Organization, the UN High Commissioner for
Refugees, and the UN Council on Human Rights.20 The Meeting of the Parties is mandated to elaborate further guidelines, as appropriate. The related
process should be initiated by the COP in Paris with a target date of 2019.

7. The Adaptation Committee established under decision
1/CP.16 and other institutions and bodies addressing adaptation under the Convention shall serve thisAgreement. The Meeting of the Parties, in cooperation
with the Conference of the Parties, as appropriate,shall regularly review the outcome of the work of, andprovide guidance to, the Adaptation Committee and theother institutions and bodies.
8. The implementation committee under Article 10(Mechanism for Facilitating and Promoting Implementation) shall be available for facilitating and promoting
the submission of adaptation efforts statements underparagraph 4 above.

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Article 4, para. 7 anchors and builds upon the Adaptation Committee
established during the 16th COP,21 as well as other bodies and/or institutions under the Convention that deal with adaptation, mandating themto serve the Agreement. This shall be done under the supervision of the
Meeting of the Parties to the Agreement, in cooperation with the Conferenceof the Parties to the Convention.
The Implementation Committee established in Article 10 (Mechanism for
Facilitating and Promoting Implementation) is made available to Parties that
seek support in Article 4, para. 8, to facilitate and promote the submission of adaptation efforts statements.

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E XPL ANATORY M E M ORANDUM

9. The Warsaw International Mechanism for Loss andDamage associated with Climate Change Impacts
under the Convention, established by decision 3/CP.18,
shall serve as the platform under this Agreement forenhanced cooperation on loss and damage associatedwith the adverse effects of climate change. The Meetingof the Parties, in cooperation with the Conference of
the Parties, as appropriate, shall regularly review theoutcome of the work of, and provide guidance to,
the Mechanism.

Article 4, para. 9 identifies the Warsaw International Mechanism for
Loss and Damage associated with Climate Change Impacts as the platform
under the 2015 Agreement for enhanced cooperation on loss and damage.
Guidance shall be provided by the Meeting of the Parties to the Agreement,in cooperation with the Conference of the Parties, and the outcome of thework of the mechanism shall be reviewed by the same. In Paris, related
work should be enhanced through means of a COP decision (see Elements
for COP decisions above).

10. The Meeting of the Parties shall adopt the decisions
necessary for the full implementation of this Article.

Article 4, para. 10 mandates the Meeting of the Parties to the Agreement
to adopt the decisions necessary to ensure the full implementation of Article
4 (Adaptation and Loss and Damage) and the achievement of its objectives.

Article 5: Additional Cooperative Action

Article 5: Additional Cooperative Action

1. In pursuit of the long-term mitigation and adaptation
goals of this Agreement, groups of Parties may
prepare, communicate, and implement joint
agreements concerning specific actions, including
policies, measures, and other cooperative schemesthat are in addition to, and represent a progression
beyond, Parties’ undertakings under other articlesof this Agreement. The Meeting of the Parties shalladopt further guidelines for the recognition ofsuch joint agreements as appropriate. Additional
cooperative actions may involve participation by
non-State actors, particularly those in a position tocontribute substantively to them.

During the consultation process, participants expressed interest in how
domestic action by Parties and non-State actors could be further mobilized,
through existing and new incentives. The consortium focused on the incentives inherent to climate action, through additional cooperation between
Parties.22 This would allow the agreement to minimize the risk of inaction
and maximize the benefits inherent to climate action.

2. Parties shall work through and with other relevantinternational organizations and agreements, interalia the International Civil Aviation Organization, theInternational Maritime Organization, and the Montreal Protocol on Substances that Deplete the Ozone
Layer, in accordance with their internal rules andprocedures, so as to ensure that these organizations
and agreements contribute fully and increasingly
to achieving the long-term mitigation and adaptation goals of this Agreement, including through themobilization of technical and financial support andcapacity building, as appropriate.
3. The Meeting of the Parties shall also adopt guidelines
for the recognition of contributions by subnationaland non-State actors.

Article 5 para. 1 acknowledges the preparation, communication, andimplementation of joint agreements concerning specific actions, including
policies and measures that represent progression beyond their undertakingsin this Agreement. Non-State actors in a position to contribute substantively
to these additional cooperative actions may be involved, with the aim ofreaching the long-term goals of this Agreement. The adoption of guidelines
by the Meeting of the Parties to this process is mandated under this Article
as well. The COP in Paris should additionally adopt further guidance (orlaunch a process for doing so – see Elements for COP decisions above).
Article 5, para. 2, on the other hand, directs the Parties to collaborate
with relevant international organizations, such as the International Civil
Aviation Organization, the International Maritime Organization, and theMontreal Protocol on Substances that Deplete the Ozone Layer, to ensurethat these organizations and agreements are in line with this Agreement’s
aim of reaching the long-term goals inscribed therein.
Article 5, para. 3, recognizes the fact that many sub-national actors
such as cities and states are acting as are non-State actors such ascompanies and civil society. The emission reductions from these actions
can be formally captured in Party reporting, but it was deemed importantto recognize these efforts in the Paris Agreement as part of the overall
efforts to address climate change. Accordingly, the Meeting of the Parties ismandated to elaborate arrangements for such recognition.

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Article 6: Finance

Article 6: Finance

1. Parties shall shift and scale up investments for
low-carbon and climate-resilient development, inline with countries’ national priorities and sustainable development objectives, in order to meet thelong-term mitigation and adaptation goals of thisAgreement, in particular through the mobilization, ina transparent manner, of increasing amounts of new,additional, adequate, and predictable climate financefrom a variety of sources, including international andnational, public and private sources, and in particular
for the benefit of developing countries.

Article 6, para. 1 requires Parties to scale up and shift all investments, both public and private, to be low-carbon and climate-resilient,and to ensure that they are aligned with national sustainable development
objectives of all countries. It also emphasizes the need to mobilize new,additional, adequate, and predictable climate finance from a variety ofsources, in line with previous COP decisions.23 It also recognizes that theentire financial system needs to be transformed so that all investments
become low-carbon and climate-resilient, in order to address the scale ofthe climate change challenge.24

2. Developed country Parties shall make financial
contributions and mobilize finance at an increasing
scale from a floor based on current undertakings andcommitments, through various channels, including
but not restricted to, multilateral and bilateralchannels. Other Parties, regularly determinedby the Meeting of the Parties, in accordancewith the principle of common but differentiatedresponsibilities and respective capabilities, and inlight of different national circumstances, shall also
provide financial contributions and mobilize finance,
including among developing country Parties.
3. Parties shall aim to ensure that the allocation of
public climate finance is balanced between adaptationand mitigation, with the aim of achieving at least an
equal allocation of public finance for adaptation fromthe total amount of finance provided by Parties under
this Agreement.
4. All Parties shall improve their national policy andinstitutional frameworks for climate finance andadapt their relevant legal and policy frameworks
in support of the shift and scale-up of investment
referred to in paragraph 1 above.
5. Every five years, until the long-term mitigation andadaptation goals of this Agreement are met, theprovision of climate finance under this Article shall bescaled up as part of a continuous support cycle that
also includes the reviews of technology development
and transfer under Article 7 (Technology Development and Transfer) and the capacity-building

18 |ACT 2015

Article 6, para. 2 specifies which Parties will make financial contributions. In line with Article 4 of the Convention and subsequent COP
decisions, developed countries are required to make financial contributions
and to mobilize finance.25 The paragraph provides the Meeting of the Parties
authority to undertake a process to clarify which other Parties will makefinancial contributions and mobilize finance, which can be in the form ofcontributions between developing countries. This seeks to broaden the poolof contributors over time, guided by the principles of the Convention andnational circumstances.26
Recognizing the importance of ensuring adequate finance for adaptation,27
Article 6, para. 3 asserts the aim to achieve a balance between mitigation
and adaptation in overall public climate finance allocation. The aim isfocused on public finance because, while it may be necessary to increaseprivate sector involvement in adaptation finance over time, the majority ofadaptation finance currently comes from public sources, and these are theflows about which there is greatest certainty and over which Parties can
exercise the most direction.
In order to support the aim of shifting all financial flows to be low-carbon
and climate-resilient, Article 6, para. 4 mandates all Parties to improvetheir national policy and institutional frameworks for climate finance andensure that their legal and policy frameworks promote this aim.
Article 6, para. 5 establishes the finance elements of the continuous
support cycle. Every five years, all Parties shall submit strategies regarding
finance, aligned to the adaptation and mitigation cycles explained in Article
3 (Mitigation), para. 5, and Article 4 (Adaptation and Loss and Damage),para. 4.28 The first strategies regarding finance will be due in 2018 and will
cover the period 2025-2030. All Parties shall report on national efforts
to shift and scale up their investments as set out in Article 6 (Finance),
para. 1; Parties receiving climate finance will include information on theirnational investment plans and any gaps and needs; and contributor Parties,
as determined under Article 6 (Finance), para. 2, will include informationon their plans and channels for scaling up climate finance for developing
countries. The Standing Committee on Finance (SCF) will then produce aGetting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

PARIS AGR E E ME N T

mechanism under Article 8 (Capacity Building) andthat is informed by and informs the mitigation cycle
under Article 3 (Mitigation) and the adaptation cycle
under Article 4 (Adaptation and Loss and Damage),as follows:(a) The Meeting of the Parties shall, by the end of2020 and every five years thereafter, review
progress toward the aim referred to in paragraph
1 above, in parallel with the reviews of technology development and transfer under Article 7(Technology Development and Transfer) andthe capacity-building mechanism under Article 8(Capacity Building), and take further measures as
may be required to achieve the aim referred to inparagraph 1 above.
(b) Two years prior to the date referred to in subparagraph (a) above, each Party shall prepare andsubmit strategies regarding finance towards 2030.
Every five years thereafter, each Party shall submit
updated strategies regarding finance extending fora further five years.

E XPL ANATORY M E M ORANDUM
synthesis and aggregate analysis of Parties’ strategies regarding finance, nolater than nine months prior to the date when the Meeting of Parties is due
to consider the adaptation efforts under Article 6, para. 5(a), which canalso draw on other submissions by Parties and other relevant information,
including the Biennial Assessment and Overview of Climate Finance Flows.
The anchor point of the support cycle is a review, conducted by the Meetingof the Parties every five years starting in 2020, of progress towards the aimof scaling up and shifting all investments to be low-carbon and climateresilient as set out in Article 5, para. 1 above. This review should result in
the Meeting of the Parties taking further measures, as appropriate.
A regularly scheduled cycle is important to build trust among Parties that
support is being provided, and that the support is being managed andimplemented effectively. This approach promotes country ownership, while
ensuring accountability and transparency in terms of both provision anddeployment of finance from contributor and recipient countries. Requiring
Parties to submit strategies regarding finance two years ahead of agreeing
the mitigation commitments and adaptation efforts for the corresponding
cycle can help foster ambition by providing clear signals regarding thelevels of support that will be available.

(c) Building on information available in national
communications submitted in accordance with
Article 9 (Transparency and Accountability) andother relevant inputs, and taking into account theequity framework under paragraph 3 of Article 2(General Provisions), strategies regarding
finance shall:(i) Address measures to improve national policy
and institutional frameworks as well as
measures to adapt relevant legal and policy
frameworks in support of the shift andscale-up of investments referred to inparagraph 1 above;(ii) For Parties receiving climate finance, include,in particular, a projection of future financial
needs and national investment plans;(iii) For those Parties providing financial
contributions and mobilizing finance pursuant
to paragraph 2 above, include, in particular,
climate finance pathways indicating plans andchannels for scaling up climate finance.

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E XPL ANATORY M E M ORANDUM(d) Developing country Parties, in particular least
developed countries and small island developing States, shall be eligible for support from thecapacity-building mechanism under Article 8(Capacity Building) for the preparation of theirstrategies regarding finance.
(e) Upon the submission of strategies regarding
finance, the Standing Committee on Finance shallforthwith prepare and provide to the Meeting of theParties, no later than nine months prior to the datereferred to in sub-paragraph (a) above, a synthesis
and aggregate analysis of the strategies submitted,
reports submitted by national and international
financial institutions under paragraph 10, andinformation contained in national communications
submitted in accordance with Article 9 (Transparency and Accountability), taking into account anyother relevant information and submissions, andshall provide recommendations in light of the aim
in paragraph 1 and the long-term mitigation andadaptation goals of this Agreement.
(f) The Meeting of the Parties shall take into accountthe synthesis, aggregate analysis and recommendations provided by the Standing Committee on
Finance in its review and consideration of further
measures pursuant to sub-paragraph (a) above.
(g) Competent international and non-governmentalorganizations, as well as subnational authorities,
are encouraged to provide input to the support
cycle.
6. The Meeting of the Parties shall, at its first session,
adopt further rules and modalities for the support
cycle pursuant to paragraph 5 above, including further
guidelines for strategies regarding finance, and shallregularly review these rules and modalities thereafter.
To this end, the Meeting of the Parties may draw on
the input of the Standing Committee on Finance.
7. The financial mechanism under Article 11 of the Convention shall serve as the financial mechanism of thisAgreement and the Green Climate Fund shall be themain operating entity of the financial mechanism of
this Agreement.

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Article 6, para. 6 focuses on ensuring that the support cycle set out inparagraph 5 functions effectively, by mandating the Meeting of the Parties
to adopt further rules and modalities at its first session and conduct aregular review process of these rules, with the assistance of the SCF as
necessary. Preparatory work should be launched immediately by the
Conference of the Parties in Paris (see COP decisions above).
Article 6, para. 7 carries over the financial mechanism of the Convention
to serve also as the financial mechanism of the agreement, and affirms theGreen Climate Fund as the main operating entity of the financial mechanism. This recognizes the need to maintain coherence and continuity in thefinancial mechanism, and reiterates Parties’ vision that the Green Climate
Fund should evolve over time to become the main global fund for climatechange finance.29

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8. In order to ensure that the level of financial contributions to the Green Climate Fund continuously andsignificantly increases, the Standing Committee on
Finance shall provide recommendations regarding theoverall level of financial contributions to the Green
Climate Fund in each replenishment cycle.

Article 6, para. 8 establishes the Standing Committee on Finance’s role inproviding recommendations on the overall level of contributions to the Green
Climate Fund for each replenishment cycle, recognizing that contributions
should be significantly scaled up over time. It provides recommendations
on the basis of which targets for future GCF replenishment processes may
be determined through COP decisions (see Article 6 (Finance), para. 13).
Triggers for, and timing of, replenishment cycles will be determined by the
GCF Board, with guidance from the COP, with the first replenishment process
to take place once 60 percent of contributions from the Initial Resource
Mobilization have been approved, likely to occur by the end of June 2017.30

9. The Standing Committee on Finance established bydecision 1/CP.16 of the Conference of the Parties shallprovide assistance to the Meeting of the Parties on
issues pertaining to climate finance. In so doing, it
shall regularly report on the availability and use ofmeasures to shift and scale up investments referred
to in paragraph 1, including, inter alia, legal measures
such as disclosure requirements, investment instruments, special banking facilities, and institutional
reforms and regulatory measures.
10. The Parties shall work with and through national andinternational financial institutions in order to aligninvestment decisions and policies with the long-term
mitigation and adaptation goals of this Agreement. To
this end, the Parties shall facilitate and work toward
regular assessments of the investment portfolios
and plans of these institutions to identify specificrisks involved in investments not aligned with thelong-term mitigation and adaptation goals of thisAgreement. The Meeting of the Parties shall, at its
first session, adopt guidance for such assessments
and take appropriate steps towards their application. Parties and relevant national and international
financial institutions are invited to report regularlyon their activities under this paragraph. The Standing
Committee on Finance shall take these reports into
account in its reporting under paragraph 9 above.
11. All Parties shall work with and through relevantinternational organizations, such as the International
Civil Aviation Organization and the International
Maritime Organization, as well as non-governmental
and private institutions and initiatives, in order tocatalyze additional sources of climate finance.

Article 6, para. 9 expands the SCF’s role to allow it to provide assistanceto the Meeting of the Parties. This aligns the SCF’s original mandate to assist
the COP in exercising its functions with respect to the financial mechanismwith the fact that the financial mechanism of the Convention will also
serve as the financial mechanism of the Agreement, as set out in Article 6(Finance), para. 7 above.31 Specifically, the SCF is to regularly report on
measures to shift and scale-up investments for low-carbon and climateresilient development.
Article 6, para. 10 supports the aim of Article 6, para. 1, which is to alignall investments with the goals of the Agreement. It introduces the concept of
regular assessments of the investment portfolios of national and international financial institutions to identify climate-related risks. These risks arise
from both climate change impacts and from stranded investments in carbonintensive assets. Assessments could include climate change stress testingof cross-country financial flows and benchmarking to measure progress
towards the long-term mitigation and adaptation goals of the agreement,
including the goals of phasing out GHG emissions to net zero as early as
possible in the second half of this century and building the climate resilienceof all communities.32 Further guidance for the methodology and applicationof these assessments would be furnished by the Meeting of the Parties at its
first session, but relevant work should be effectively launched in Paris (seeCOP decisions below). Furthermore, Parties and relevant institutions areinvited to report on their related activities, which shall be taken into accountin the SCF’s regular reports.
Article 6, para. 11 pertains to mobilizing additional and innovative
sources of climate finance. It notes the wide range of potential sources andcatalysts for additional climate finance, including international organizations,non-governmental organizations and the private sector. Particular attention
is given to the International Civil Aviation Organization and the International
Maritime Organization. These organizations have already made undertakings
to explore levies or other mechanisms for addressing emissions associated with international aviation and shipping respectively, which may yieldsignificant revenues with the potential to be classed as climate finance.33

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12. The Implementation Committee under Article 10(Mechanism for Facilitating and Promoting Implementation) shall be responsible for facilitating andpromoting the submission of strategies regarding
finance under paragraph 5 above, where a Party
required to make financial contributions under paragraph 2 above has not made a submission within six
weeks of the applicable deadline.

Article 6, para. 12, provides guidance on how to ensure the timely
submission of strategies regarding finance by donor countries. The
Implementation Committee (which serves the entire Agreement) establishedin Article 10 (Mechanism for Facilitating and Promoting Implementation)of this Agreement is mandated to facilitate and promote the submission ofstrategies regarding finance under the support cycle.

13. The Meeting of the Parties shall adopt the decisions
necessary for the full implementation of this Article.

Article 7: Technology Development andTransfer
1. Technology development and transfer under thisAgreement aims to enhance global cooperation toaccelerate the development, dissemination and diffusion of, and to facilitate access to, climate technologies,
including through engagement of external institutions
and the private sector, in order to meet the long-term
mitigation and adaptation goals of this Agreement.
2. Parties shall strengthen and advance global cooperation on the development and transfer of climate technologies in order to, inter alia, increase international
diffusion of climate technologies; materially increase
public funding for research, development, and demonstration of climate technologies; enhance national
policy and institutional frameworks in developing
countries to foster endogenous climate technology
absorption, development, and transfer; and achieve
appropriate cost reductions for developing countries
in accessing and applying climate technologies.
3. Each Party shall include information on progressin the implementation of this Article in its national
reports under Article 9 (Transparency and Accountability), in accordance with guidance adopted by the
Meeting of the Parties thereunder.
4. In light of their different national circumstances,developing country Parties, in particular least developed countries and small island developing States,
shall be eligible for support under Articles 6 (Finance)and 8 (Capacity Building) for the fulfillment of therequirements under this Article.

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Lastly, Article 6, para. 13 mandates the Meeting of the Parties to adopt
the decisions necessary to ensure the full implementation of Article 6 on
Finance and the achievement of its objectives.

Article 7: Technology Development and Transfer
At this juncture in the climate change debate, it is clear that serious
measures are needed in order to avoid serious impacts. Innovation andtechnology transfer must play a large role in our efforts if we are to succeed.
Research shows that the global diffusion rate of climate technology must
be doubled by the year 2025 if we are to have any chance of achieving theConvention’s objectives under Article 2 thereof.34 Article 7, para. 1 aims
to operationalize the Agreement’s attempt to respond to this need. External
institutions and the private sector are engaged in order to direct more expertise toward the end of achieving the long-term mitigation and adaptation
goals of the Agreement.
Parties are called upon in Article 7, para. 2 to strengthen global
cooperation, not only to achieve an overall increase in the global diffusion
rate of climate technology, but also to provide support to developing
countries in terms of funding for research and development, enhancementof national enabling environments, and the achievement of appropriate
cost reductions in the access to and application of climate technologies.
This is imperative given the recognition that new models for resilienceand methods for managing shocks are needed to adapt to escalatingclimate change impacts.35

As mandated under Article 7, para. 3, the implementation of thesemechanisms shall be monitored in conjunction with the national reports
to be submitted under Article 9 (Transparency and Accountability), in
accordance with guidance adopted by the Meeting of the Parties thereunder.
As authorized by Article 6 (Finance), para. 5, developing countries, inparticular least developed countries and small island developing States,
shall have assistance under Articles 8 (Capacity Building) and 6 (Finance)in compliance with this process.

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5. The technology mechanism established pursuant
to decision 1/CP.16 of the Conference of the Parties
shall serve this Agreement. The Meeting of theParties shall, in collaboration with the Conferenceof the Parties, provide guidance to the technology
mechanism in order to advance technology
development and transfer in accordance withparagraph 1 above.

To undertake these objectives, the Technology Mechanism establishedunder 1/CP.16, composed of the Technology Executive Committee andthe Climate Technology Centre and Network,36 will serve this Agreement
pursuant to Article 7, para. 5. The Meeting of the Parties, in collaboration
with the COP, shall provide guidance to this Mechanism in order to advancetechnology development and transfer, and ensure coordination between
this Agreement and the Convention. In addition, Article 7, para. 6 also
authorizes collaboration with relevant international organizations such as theWorld Trade Organization and the World Intellectual Property Organizationand expert bodies to address the current limitations in the absorption, development, and transfer of climate technology by and for developing countries.
In this manner, global cooperation is encouraged and all resources arerecognized.

6. Relevant international organizations and expert
bodies outside the Convention are encouraged tocollaborate and address barriers that limit the absorption, development, and transfer of climate technology
by and for developing countries, in order to meet thelong-term mitigation and adaptation goals of thisAgreement.
7. The Meeting of the Parties shall adopt the decisions
necessary for the full implementation of this Article.
It shall assess and review the progress of technology
development and transfer under this Article every
five years, in conjunction with the support cycle
under Article 6 (Finance) and the assessment andreview of the capacity-building mechanism under
Article 8 (Capacity Building), inter alia based onnational reports and their assessment under Article
9 (Transparency and Accountability), and shall takeaction to further enhance technology development
and transfer under this Agreement, as appropriate.

In order to ensure that the aims of this Article are achieved, Article 7,para. 7 mandates the Meeting of the Parties to adopt appropriate rules
and guidelines for the implementation of the obligations contained herein,subject to a systematic review every five years in conjunction with thesupport cycle under Article 6 (Finance) and the related periodic review of the
Capacity-building Mechanism under Article 8 (Capacity Building).

Article 8: Capacity Building

Article 8: Capacity Building

1. A capacity-building mechanism is hereby defined.

As members of the global climate change community, it is the concernof all States to ensure that all Parties have the ability to contribute to thefulfillment of the objectives of the Agreement through proper complianceand adherence to their commitments herein.37 The Agreement, through this
Article, seeks to give proper support to the Parties by providing a sustainable and substantial capacity-building mechanism.38 A new mechanism is
proposed to address existing gaps and consolidate the existing provisions,
into a framework that ensure that capacity building under the Agreement isundertaken in a coordinated, integrated, and sustained manner. A separate
institution can more effectively make the long-term interventions necessary to assist all Parties to achieve the objective of the Convention. Such amechanism is established and defined in Article 8, para. 1.

2. It shall function under the guidance of, and be
accountable to, the Meeting of the Parties.

Under Article 8, para. 2, this mechanism shall function under the guidance of, and be accountable to, the Meeting of the Parties to the Agreement.

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3. The capacity-building mechanism shall have an
equitable and balanced representation of all Parties
within a transparent system of governance.

Under Article 8, para. 3, all Parties must be represented within thismechanism in an equitable and balanced manner within a transparent
system of governance. This is critical to ensure that the mechanism has
the trust and confidence of all Parties and the necessary support to carryout its functions effectively.

4. The capacity-building mechanism shall assist
developing country Parties in the implementationof this Agreement in a sustained, predictable, andeffective manner, including by fulfilling the following
functions:(a) Ensure adequate capacity building for aneffective implementation of the requirements
under Articles 3 (Mitigation), 4 (Adaptationand Loss and Damage), 6 (Finance), 7(Technology Development and Transfer) and 9(Transparency and Accountability), including
the preparation of national reports and national
communications, analysis and assessment,
development of policies, plans and options,and activities associated with monitoring andreporting. Appropriate methodologies, guiding,and training materials shall be developed tothis end.
(b) Support developing country Parties to strengthen
their relevant national institutional and legal
frameworks.
(c) Regularly assess the financial and technicalassistance received for capacity building and theeffectiveness of the delivery of such assistance.
(d) Collaborate with institutions and mechanisms
under and outside the Convention to enhancecoordination and effectiveness of capacity-building efforts.
(e) Identify opportunities to integrate capacity
building at the national and regional levels,
involving both governmental and broader societal
initiatives.
(f) Provide guidance and recommendations to the
Meeting of the Parties.

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This capacity-building mechanism will focus on providing support
to States that need it the most: the developing country Parties. This
recognizes the fact that only through global cooperation will it be possible
to achieve the long-term goals of this Agreement.39 Under Article 8,para. 4, therefore, the mechanism shall ensure adequate capacitybuilding for an effective implementation of the developing country Parties’commitments under Articles 3 (Mitigation), 4 (Adaptation and Loss andDamage), 6 (Finance), 7 (Technology Development and Transfer), and 9(Transparency and Accountability). Moreover, it shall undertake the regularassessment of the financial and technical assistance being received forcapacity building and ensure that such assistance is being utilized in themost effective way possible. The mechanism shall also seek to widen thescope and impact of capacity-building programs by collaborating withexpert institutions under and outside the Convention, facilitating capacity
building at the national and regional levels, and providing guidance andcounsel to the Meeting of the Parties.

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5. The Meeting of the Parties shall, at its first session,
adopt institutional arrangements, modalities, andguidelines to enable the capacity-building mechanism
to fulfil its functions. These arrangements, modalities,
and guidelines shall ensure that the capacity-building
mechanism is adequately capitalized, including
through the financial mechanism, to secure a longterm approach and prioritize strategic investments inbuilding capacity.

In order to ensure that the aims of the Article are achieved, Article 8,paras. 5 and 6 mandate the first Meeting of the Parties to adopt
institutional arrangements, modalities, and guidelines to operationalize
the mechanism and ensure its adequate capitalization, recognizing that thefinancial mechanism will play a core role in this regard. These arrangements, modalities, and guidelines shall be subject to assessment andreview every five years, in conjunction with the assessment and review
cycles under Article 6 (Finance) and Article 7 (Technology Development andTransfer). Their elaboration should be initiated immediately by the COP in
Paris with a target date of 2017.

6. The Meeting of the Parties shall assess and review
the capacity-building mechanism every five years,
in conjunction with the support cycle under Article
6 (Finance) and the assessment and review oftechnology development and transfer under Article 7(Technology Development and Transfer).

Article 9: Transparency andAccountability
1. Parties shall aim to build confidence and trust by:(a) Ensuring high and continuously increasing levels of transparency, accountability, consistency,
comparability, completeness and accuracy of
information (hereinafter referred to as “transparency”) provided by Parties on action andsupport toward their individual commitments
and the long-term global mitigation and adaptation goals of this Agreement, taking into accountcommon but differentiated responsibilities
and respective capabilities, in light of different
national circumstances;(b) Enabling effective tracking of progress towards
the achievement of the objective of the Convention under its Article 2 and the long-term mitigation and adaptation goals of this Agreement; and(c) Supporting enhanced cooperation on mitigation
and adaptation.

Article 9: Transparency and Accountability
Under this Article, the principle of common but differentiated responsibilities and respective capabilities, that significantly shapes the design of theexisting MRV system, continues to be reflected as follows:
direction of travel: continuous improvement of the transparency,▪▪ Common
accuracy, consistency, completeness, and comparability of data over time
type of national reports and assessment processes (two▪▪ Common
phase) would be in place after 2020
that the quality of the information would not be▪▪ Acknowledgement
expected to be the same for all countries, taking into account differing
national capabilities and circumstances, but reporting guidance could
be crafted after Paris in a way that enables all Parties to aspire to morerobust and credible data over timein the content and frequency (every two years and every▪▪ Differentiation
four years) of the reports, based on the relevance of the information
required (for example, the reported information could be different if acountry provides support, receives support, or does both)of support for developing countries (finance, capacity build▪▪ Availability
ing, technology development and transfer) for fulfilling the requirements
under this article, in particular for least developed countries and small
island developing States
Article 9, para. 1 establishes the aim of all Parties to achieve transparency
and accountability in the pursuit of the long-term adaptation and mitigation
goals. In line with the overall approach developed for the agreement, Parties
would work toward continuous improvement of the quality of information

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2. All Parties shall work towards improving transparency
under this Agreement in a continuous and sustainedmanner over time, taking into account their national
capabilities and circumstances. The existing rules,
methodologies, and guidelines under the Convention
shall provide the minimum requirements and starting
points for Parties’ efforts to this end.

provided to enhance understanding, track progress against the long-termgoals, and build trust among countries and the wider international community. This article also recognizes that MRV can spur improvement ofgovernment actions on climate change by identifying transformational andsustainable policies, enhancing credibility concerning data and actions,and, as a result, facilitating the decision-making process and cooperation
among countries.

3. Developing country Parties, in particular least developed countries and small island developing States,
shall be eligible for support for the fulfillment of therequirements under this Article.
4. Every two years, each Party shall submit a national
report to the secretariat that includes information on
progress towards implementation of its mitigationcommitments under Article 3 (Mitigation), support
provided or received, as appropriate, under Articles 6(Finance), 7 (Technology Development andTransfer) and 8 (Capacity Building), and theinformation referred to in paragraphs 10 and 12
below. Parties may also include information on
their adaptation efforts.
5. Every four years, the national report submitted underparagraph 4 shall take the form of a more comprehensive national communication that shall also include
information on, inter alia:(a) The progress in implementation of the Party’s
adaptation efforts and other adaptation activities and planning, including national adaptationplans pursuant to paragraph 3 of Article 4(Adaptation and Loss and Damage);(b) The progress in improving national policy
and institutional frameworks to facilitate theimplementation of requirements, and adapting
national legal and policy frameworks in accordance with paragraph 4 of Article 6 (Finance);(c) How the implementation of mitigation commitments under Article 3 (Mitigation) and adaptation efforts under Article 4 (Adaptation and Loss
and Damage) has contributed to the achievementof sustainable development objectives;

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Article 9, para. 2 builds upon the existing rules, methodologies, andguidelines under the Convention and establishes them as baseline commitments in ensuring transparency. This article reiterates the need to acknowledge the different capabilities and circumstances of Parties, recognizing thatsome States may require flexibility in the implementation of their commitments, while at the same time promoting a cycle of improvement.40 It therefore
establishes the direction of travel for all countries, building on the progress
made over the past few years and on lessons learned, with a view to ensuringthat post-2020 requirements should not be less than those that currently exist.
Article 9, para. 3 recognizes that the pathway to a more robust MRV
framework requires commensurate financial and technical support toremove current capacity barriers that prevent developing countries from
fulfilling their MRV requirements. The paragraph also emphasizes the
special needs of countries with fewer capabilities.
Article 9, para. 4 requires all Parties to submit a national report every
two years, providing information on progress towards the implementationof their mitigation commitments in relation to Article 3 (Mitigation) andsupport received or provided in relation to Articles 6 (Finance), 8 (Capacity
Building), and 7 (Technology Development and Transfer). It gives Parties theoption of also reporting on the implementation of their adaptation efforts inrelation to Article 4 (Adaptation and Loss and Damage).
Article 9, para 5 requires all parties to submit a more comprehensive
national report every four years. In addition to the information requirements
for the national reports under para. 4, these reports would, among otherthings detailed in paragraph 5, also include information on implementationof adaptation efforts and national adaptation planning processes pursuant to Article 4 (Adaptation and Loss and Damage), efforts on researchand observation and efforts to raise awareness, education and access of
information. This would build on the experience of producing the current
national reports agreed upon in Durban.41
Relevant to the reporting requirements of Article 9, paras. 4 and 5, ispara. 13, which requires the Meeting of the Parties to develop appropriate rules and guidelines for the national reports. These guidelines may bedesigned in a way that would allow countries to provide more transparent,
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PARIS AGR E E ME N T(d) The efforts made to increase awareness, education, climate-related research, and observationand engagement with national stakeholders; and(e) The technology needs, and progress made, intechnology development and transfer, in accordance with Article 7 (Technology Development
and Transfer).

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as Parties’ capacity to do so increases. Such a system would result in a
streamlined reporting framework and increase its effectiveness, ensuringthat national commitments are always progressing and that the actions
undertaken by Parties to comply with and implement their obligations areproperly assessed.42

6. Developed country Parties and other Parties in aposition to do so shall annually submit greenhousegas emission inventory reports to the secretariat.

Article 9, para. 6 requires developed country Parties, and other Parties
in a position to do so, to submit annual greenhouse gas emission inventory
reports to the Secretariat, in an effort to prevent backsliding.

7. Reports under paragraphs 4, 5, and 6 above shall be
submitted as part of relevant submissions due under
the Convention. The first such reports shall be due atthe due date of the first related submissions under
the Convention after the entry into force of thisAgreement for the Party concerned.

Because countries are already required to submit national reports under
the Convention, and given that from 2020 onwards such reports would be
the result of enhanced guidelines currently under revision,43 Article 9,para. 7 suggests that the timing for the submission of national reports
under the Agreement should be in conjunction with that process currently
under revision under the Convention. This paragraph prevents multiple, andpotentially duplicative, reports being prepared under the Convention and theAgreement, reducing the extra burden on countries’ resources.

8. Each Party’s reports submitted under paragraphs 4
and 5 above shall be subject to a two-phase assessment process that consists of a technical evaluationof individual reports, followed by a multilateralappraisal based on the output of the technicalevaluation. The two-phase process shall include theparticipation of, and consider any relevant inputs
from, non-governmental organizations.
9. The Implementation Committee under Article 10(Mechanism for Facilitating and Promoting
Implementation) shall be responsible for facilitating
and promoting the timely submission and transparency of the reports under paragraphs 4 to 6 above,taking into account the outcome of the two-phaseassessment process under paragraph 8 above, as
appropriate, as well as different national capacities
and circumstances.
10. To preserve environmental integrity and prevent
double counting:(a) All Parties shall follow a common global
accounting framework that includes, inter alia,
the land sector and the use of transferable
emission units, taking into account different
national circumstances.

These submissions shall undergo an organized system of verification andassessment to ensure that environmental integrity, consistency, and comparability of efforts are maintained.44 This system, as outlined in Article 9,para. 8, includes a two-phase process comprising a technical evaluation
and a multilateral appraisal with non-State actors, building on lessons
from the International Consultations and Analysis (ICA) and International
Assessment and Review (IAR).45 The inclusion of non-State actors would be
new, but has been effective in other regimes, and could enhance the robustness of this one. Although the outcome of the two-phase process may varyin light of Parties’ different national circumstances and different types ofcountries’ commitments, procedures could still be reviewed to streamline
the assessment process and make it more effective, with a focus on capacity
building for developing countries.
Article 9, para. 9 employs the Implementation Committee under Article
10 (Mechanism for Facilitating and Promoting Implementation) for thesubmission and facilitation of the required national reports, establishing thelink between the reporting and verification framework and the implementation mechanism (also referred to as a facilitative compliance regime). It
also highlights the role of the Implementation Committee to facilitate andpromote the timely submission and transparency of the reports, based on
the outcome of the two-phase assessment process, and taking into accountdifferent national capacities and circumstances.
As seen in Article 3 (Mitigation), the use of market- and non-market-based
mechanisms, as well as new economic mechanisms, is encouraged, but

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PARIS AGR E E ME N T(b) All Parties shall use common metrics andinventory methodologies for estimating emissions of greenhouse gases from sources andremovals by sinks.
(c) All Parties using market- or non-market-based
approaches shall include information on theuse of these approaches in their national
reports under paragraph 4 above, in order todemonstrate that this use delivers real, additional, verified, transparent, and permanent
emission reductions and addresses the riskof leakage.

E XPL ANATORY M E M ORANDUM
only to the extent that environmental integrity is upheld and double counting
is prevented. Article 9, para. 10 provides for safeguards to ensure this.
Such safeguards include the use of common metrics, methodologies, andaccounting frameworks in the submission of national emissions reports.
The objective of these safeguards in relation to mitigation is to encourage
more transparent, accurate, complete, and comparable data that would
allow for a clearer pathway in achieving the long-term mitigation goal. Also
included is the provision of general guidance and principles for reporting
and accounting for the land-use sector and for Parties using market-based
approaches, in order to guide the elaboration of more detailed rules andguidelines after Paris.

(d) Parties including the land sector in their
mitigation commitments shall include, in theirnational reports under paragraph 4 above,
information on the use of a minimum thresholdfor coverage of emissions and removals in the
sector, and implementation of environmental,
governance, and social safeguards, including
the recognition of the rights of indigenous
peoples and community land rights.
11. To facilitate the integration of climate change intodevelopment planning, and in pursuit of the longterm adaptation goal of this Agreement, all Parties
shall use common metrics and methodologies forassessing risks and vulnerability to climate change
impacts and undertaking impact assessments.
In so doing, Parties shall take into consideration
climate change scenarios of a 2°C, 3°C, and 4°C
temperature increase.

Article 9, para. 11 sets out specific requirements in relation to adaptationand focuses on the need to develop methodologies for undertaking scenario
analysis, as well as assessments of risks and vulnerability to climate
impacts. This would advance adaptation plans and convert them into more
effective tools for building resilience. Greater robustness will assist both indomestic implementation and in attracting greater support. This paragraphrelates to the concept of monitoring and evaluation used by practitioners andnegotiators on adaptation.

12. To strengthen the transparency of support:

Common metrics, methodologies, and accounting frameworks must also
be used in the area of support and finance. Article 9, para. 12 sets out
specific requirements in relation to support and focuses on the need fordeveloping and using common methodologies to track and report financial
flows, as well as information on the support needed, received, provided, or
expected to be provided under paras. 4 and 5 of this article, based on standardized format tables that are to be developed. This would avoid duplicationof effort and ensure that the funds provided by developed countries are
acknowledged and used appropriately.

(a) All Parties shall use common metrics andmethodologies for tracking and reporting on
financial flows.
(b) Parties shall include information in theirnational reports under paragraph 4 on the support received, needed, provided, and expected
to be provided, based on standardized format
tables, including details on the nature, scope,
recipients and implementing organizations,sources and channels of funding.

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13. Guided by the aims contained in paragraph 1 above,
the Meeting of the Parties shall, at its first session andbuilding on relevant guidelines under the Convention,
adopt appropriate rules and guidelines for:

Article 9, para. 13 mandates the first Meeting of the Parties to adopt
appropriate rules and guidelines for the implementation of the obligations
contained herein, subject to a systematic review every four years, as appropriate. This review is meant to streamline the process and make it more
effective, and Parties are to cooperate with the COP to realize an integrated
system of transparency. Given the need to elaborate appropriate rules andguidelines early on, the COP in Paris should launch a process that should
result in adoption of rules and guidelines for the different sub-items starting in 2016 and ending in 2019 (see elements for COP decisions above).

(a) National reports under paragraphs 4 to 6, including standardized reporting formats;(b) The assessment process under paragraph 8
above; and(c) The use of common metrics and methodologies
and a common global accounting framework
according to paragraphs 10 to 12 above.
The Meeting of the Parties shall adopt and subsequently review these rules and guidelines every four
years, as appropriate. It shall cooperate with theConference of the Parties in order to avoid overlap
and duplication and ensure, to the extent possible,
uniform guidelines and processes so as to realize an
integrated system of transparency.

Article 10: Mechanism for Facilitating
and Promoting Implementation

Article 10: Mechanism for Facilitating andPromoting Implementation

1. A mechanism to facilitate and promote implementation, including an implementation committee, isherewith established.

The ACT 2015 Consortium heard, from many stakeholders, that transparency alone is not adequate, and that an accountability system is also
required. As repeatedly stressed, the 2015 Agreement must engage all
Parties in an atmosphere of trust and confidence in order to achieve its
objectives. In the end, domestic political interests cannot be the primary
determinant of action; rather nations must come together to raise theworld’s climate change ambitions.46 In order to achieve this, the 2015
Agreement must include a mechanism for facilitating and promoting
implementation that will mobilize support from governments as well asfrom business and all economic actors.47 Article 10, para. 1, therefore
establishes a mechanism for facilitation and promoting compliance, including an implementation committee.

2. The mechanism and its implementation committee
shall have an equitable and balanced representationof Parties and effective decision-making procedures
and shall be based on the following:(a) The mechanism shall be non-adversarial andfacilitative and shall aim at facilitating andpromoting compliance with, as well as effective
implementation of, this Agreement.
(b) The implementation committee shall addressquestions of implementation raised by Parties
with respect to themselves, or with respect toother Parties, as well as questions of implementation arising from the assessment process under
Article 9 (Transparency and Accountability).

Article 10, para. 2 establishes the governance arrangements for themechanism, requiring that it have an equitable and balanced representationof Parties and possess effective decision-making procedures. As to its
nature, the mechanism shall function in a facilitative and non-adversarial
manner. This combination of facilitation and non-adversarial operation isseen as the most politically feasible manner of promoting compliance.48
The article furthermore clarifies how proceedings before the implementation committee can be triggered and stipulates that the committee shallfunction independently and have effective measures available.49

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PARIS AGR E E ME N T

E XPL ANATORY M E M ORANDUM(c) The implementation committee shall be able toissue its findings independently and shall haveeffective measures available, including recommendations, advice, warnings, cautions, andthe facilitation of support. It shall be subject togeneral guidance by the Meeting of the Parties.
3. The Meeting of the Parties shall, at its first session,
adopt further modalities and procedures for themechanism, taking into account relevant work andexperience under the Convention and related instruments, including the multilateral consultative process
under Article 13 of the Convention. It shall regularly
review these modalities and procedures thereafter.

Finally, Article 10, para. 3 mandates the Meeting of the Parties to adopt,at its first session, further modalities and procedures for the mechanism
and the implementation committee. These modalities and procedures willneed to be elaborated by the COP prior to 2020. Accordingly, the COP in
Paris should launch a process for the early elaboration of such modalities
and procedures by 2017 in order to further clarify and fulfill the needs of theAgreement in terms of implementation and compliance.

Article 11: Review

Articles 11-25: Miscellaneous Provisions

At the request of at least two fifths of the Parties, but noearlier than three years after the entry into force of thisAgreement, the Meeting of the Parties shall review thisAgreement in light of the best available scientific information and assessment on climate change and its impacts, aswell as relevant technical, social, and economic information. Based on these reviews, the Meeting of the Parties
shall take appropriate action.

Completing the proposed text are provisions that support the substantive
portions that have been discussed above. These provisions appear in theinterpretation and implementation of the Agreement, covering several aspects
including participation of non-Parties and entry into force.

Article 12: Meeting of the Parties
1. The Conference of the Parties, the supreme body of
the Convention, shall serve as the Meeting of theParties.
2. Except as otherwise provided for in Article
21 (Non-Parties),iii Parties to the Convention thatare not Parties to this Agreement may participate as
observers in the proceedings of any session of the
Meeting of the Parties. Decisions under this Agreement shall be taken only by Parties to this Agreement.
3. When the Conference of the Parties serves as the
Meeting of the Parties, 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 thisAgreement, shall be replaced by an additional member to be elected by and from amongst the Parties tothis Agreement.

iii
Here as well as in the following, bold text indicates deviations from established standard
wording. Bold text is intended solely for the assistance of the reader.

30 |ACT 2015

Article 11 (Review) provides for the explicit possibility of launching areview of the Agreement, beyond the regular mitigation, adaptation, andsupport cycles, under their respective articles, which shall be based on thebest available scientific information and assessment on climate change andits impact, as well as relevant technical, social, and economic information.
This will ensure the continued relevance of the commitments contained inthis Agreement to the long-term goals and objectives of the Parties.
Article 12 (Meeting of the Parties) provides for the Conference of theParties to serve as the Meeting of the Parties to this Agreement. Recognizingthat Parties to the Convention and Parties to the Agreement might not be thesame, Article 12, para 2 establishes that those Parties to the Convention
that are not Parties to the Agreement may participate as observers but shallnot be entitled to participate in decisions under the Agreement. Accordingly,
it furthermore establishes: (1) that the Meeting of the Parties will, at its firstsession, establish its own rules of procedure and financial rules (enabling
it to adopt rules of procedure including a voting rule) and (2) clarifies that
non-Parties that fulfil the core requirements of the Agreement may, in
accordance with Article 21 (Non-Parties), participate in the Meeting of theParties more fully than as observers. The list of functions is not necessarily finalized, but allows for additions to be made as necessary to the full
implementation and effectiveness of this Agreement.

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4. The Meeting of the Parties shall keep under regularreview the implementation of this Agreement
and shall make, within its mandate, the decisions
necessary to promote its effective implementation.
It shall perform the functions assigned to it by thisAgreement and shall:(a) Adopt, at its first session, its own rules ofprocedure and financial procedures;(b) Make recommendations on any matters necessary for the implementation of this Agreement;(c) Establish such subsidiary bodies as are deemednecessary for the implementation of thisAgreement;(d) Seek and utilize, where appropriate, the services
and cooperation of, and information provided by,competent international organizations and intergovernmental and non-governmental bodies; and(e) Exercise such other functions as may be required
for the implementation of this Agreement, andconsider any assignment resulting from a decision by the Conference of the Parties.
5. The first session of the Meeting of the Parties shallbe convened by the secretariat in conjunction withthe first session of the Conference of the Parties thatis scheduled after the date of the entry into force of
this Agreement. Subsequent ordinary sessions of the
Meeting of the Parties shall be held every year, and in
conjunction with ordinary sessions of the Conferenceof the Parties, unless otherwise decided by the Meeting of the Parties.
6. Extraordinary sessions of the Meeting of the Parties
shall be held at such other times as may be deemednecessary by the Meeting of the Parties, or at thewritten request of any Party, provided that, within
six months of the request being communicated to theParties by the secretariat, it is supported by at least
one third of the Parties.
7. The United Nations, its specialized agencies, andthe International Atomic Energy Agency, as wellas any State member thereof or observers thereto

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E XPL ANATORY M E M ORANDUM

not party to the Convention, may be represented atsessions of Meeting of the Parties as observers. Any
body or agency, whether national or international,
governmental or non-governmental, which is qualified in matters covered by this Agreement and which
has informed the secretariat of its wish to be represented at a session of the Meeting of the Parties as
an observer, may be so admitted unless at least one
third of the Parties present object. The admission andparticipation of observers shall be subject to the rulesof procedure, as referred to in paragraph 4 above.

Article 13: Secretariat
1. The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Agreement.

Article 13 (Secretariat) mandates the Secretariat of the Convention to
fulfill the same functions under this Agreement as it does for the UNFCCC,
and provides the scope of its powers and responsibilities.

2. Article 8, paragraph 2, of the Convention on thefunctions of the secretariat, and Article 8, paragraph
3, of the Convention on arrangements made for thefunctioning of the secretariat, shall apply mutatis
mutandis to this Agreement. The secretariat shall, in
addition, exercise the functions assigned to it under
this Agreement.

Article 14: Subsidiary Bodies
1. The Subsidiary Body for Scientific and Technological
Advice and the Subsidiary Body for Implementation
established by Articles 9 and 10 of the Convention shallserve as, respectively, the Subsidiary Body for Scientificand Technological Advice and the Subsidiary Body for
Implementation of this Agreement. The provisions
relating to the functioning of these two bodies under
the Convention shall apply mutatis mutandis to thisAgreement. Sessions of the meetings of the Subsidiary
Body for Scientific and Technological Advice and theSubsidiary Body for Implementation of this Agreement shall be held in conjunction with the meetingsof, respectively, the Subsidiary Body for Scientific andTechnological Advice and the Subsidiary Body for
Implementation of the Convention.

32 |ACT 2015

Article 14 (Subsidiary Bodies) follows existing precedent (Kyoto
Protocol), but clarifies that non-Parties that fulfil the core requirements of
the Agreement may, in accordance with Article 21 (Non-Parties), participate
in the Subsidiary bodies more fully than as observers.

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2. Except as otherwise provided for in Article
21 (Non-Parties), Parties to the Convention thatare not Parties to this Agreement may participate as
observers in the proceedings of any session of thesubsidiary bodies. When the subsidiary bodies serveas the subsidiary bodies of this Agreement, decisions
under this Agreement shall be taken only by those thatare Parties to this Agreement.
3. When the subsidiary bodies established by Articles 9
and 10 of the Convention exercise their functions withregard to matters concerning this Agreement, any
member of the Bureaux of those subsidiary bodies representing a Party to the Convention but, at that time,
not a Party to this Agreement, shall be replaced by anadditional member to be elected by and from amongst
the Parties to this Agreement.

Article 15: Settlement of Disputes
The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to thisAgreement.

Article 16: Amendments to the Agreement
1. Any Party may propose amendments to thisAgreement.
2. Amendments to this Agreement shall be adopted atan ordinary session of the Meeting of the Parties. The
text of any proposed amendment to this Agreement
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.

Article 15 (Settlement of Disputes) adopts the process for thesettlement of disputes, in case any should arise between the Parties in theinterpretation of this Agreement, as contained in the Convention.

Article 16 (Amendments to the Agreement) follows standard
language and practice as to the process for making amendments to theAgreement, but also clarifies that the provisions of this article are without
prejudice to the procedures for updating mitigation commitments in accordance with Article 3 (Mitigation) para. 6, and adaptation efforts statementsin accordance with Article 4 (Adaptation and Loss and Damage) para. 4.
Hence, it is clarified that these procedures for updating apply irrespective of
the provisions of this article.

3. The Parties shall make every effort to reach agreement on any proposed amendment to this Agreementby 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 themeeting. The adopted amendment shall be communicated by the secretariat to the Depositary, who shallcirculate it to all Parties for their acceptance.

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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 thedate of receipt by the Depositary of an instrument of
acceptance by at least three fourths of the Parties tothis Agreement.
5. The amendment shall enter into force for any otherParty on the ninetieth day after the date on which that
Party deposits with the Depositary its instrument of
acceptance of the said amendment.
6. The provisions of this Article are without
prejudice to the provisions of Article 3(Mitigation), paragraph 6, and Article 4(Adaptation and Loss and Damage),paragraph 5.

Article 17: Adoption and Amendmentsof Annexes
1. Annexes to this Agreement shall form an integral part
thereof and, unless otherwise expressly provided, areference to this Agreement constitutes at the sametime a reference to any annexes thereto. Any annexes
adopted after the entry into force of this Agreement
shall be restricted to lists, forms, and any othermaterial of a descriptive nature that is of a scientific,
technical, procedural, or administrative character.
2. Annexes to this Agreement and amendments toannexes to this Agreement shall be proposed andadopted in accordance with the procedure set forth in
Article 16, paragraphs 1, 2, and 3.
3. An annex or amendment to an annex that has been
adopted in accordance with paragraph 2 above shallenter into force for all Parties six months after thedate 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, withinthat period of their non-acceptance of the annex oramendment to the annex. The annex or amendment
to an annex shall enter into force for Parties which

34 |ACT 2015

Article 17 (Adoption and Amendment of Annexes) follows standard
language and practice as to the process for adopting, and making amendments to, Annexes of the Agreement.

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withdraw their notification of non-acceptance on theninetieth day after the date on which withdrawal ofsuch notification has been received by the Depositary.

Article 18: Right to Vote
1. Each Party shall have one vote, except as provided forin paragraphs 2 and 3 below.
2. Regional economic integration organizations, in matters within their competence, shall exercise their rightto vote with a number of votes equal to the numberof their member States that are Parties to this Agreement. Such an organization shall not exercise its rightto vote if any of its member States exercises its right,
and vice versa.

Article 18 (Right to Vote) establishes Parties’ voting rights, but also
stipulates that a Party that fails to prepare, regularly update, and implement
mitigation commitments in accordance with Article 3 (Mitigation) loses
its right to vote and such other rights and privileges as may be decided
by the Meeting of the Parties. This stresses the need for enhanced global
participation between the Parties in ensuring that the long-term goals of
this Agreement are achieved.

3. Any Party that does not prepare, regularly
update, and implement mitigation commitments in accordance with Article 3(Mitigation) shall not be entitled to exercise
its right to vote and shall lose such otherrights and privileges as may be determinedby the Meeting of the Parties.

Article 19: Signature, Ratification,
Acceptance, Approval, or Accession
1. This Agreement shall be open for signature andsubject to ratification, acceptance or approval by
States and regional economic integration organizations which are Parties to the Convention and havemitigation commitments inscribed in the list
referred to in Article 3 (Mitigation), paragraph 2. It shall be open for signature at United
Nations Headquarters in New York from [day month]2016 to [day month] 2017. This Agreement shallbe open for accession from the day after the dateon which it is closed for signature. Instruments ofratification, acceptance, approval, or accession shallbe deposited with the Depositary.

Article 19 (Signature, Ratification, Acceptance, Approval, orAccession), on signature and ratification of the Agreement, follows
standard language and practice as to the process of attaining membershipto this Agreement, but also clarifies that only Parties with an establishedmitigation commitment under the Agreement can sign the Agreement.

2. Any regional economic integration organization whichbecomes a Party to this Agreement, without any of its
member States being a Party, shall be bound by all theobligations under this Agreement. In the case of suchorganizations, one or more of whose member States
is a Party to this Agreement, the organization and its

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member States shall decide on their respective responsibilities for the performance of their obligations under
this Agreement. In such cases, the organization and themember States shall not be entitled to exercise rights
under this Agreement concurrently.
3. In their instruments of ratification, acceptance,
approval, or accession, regional economic integration organizations shall declare the extent of theircompetence with respect to the matters governed bythis Agreement. These organizations shall also informthe Depositary, who shall in turn inform the Parties,of any substantial modification in the extent of theircompetence.

Article 20: Entry into Force
1. This Agreement shall enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance,
approval or accession by a Party to the Convention with mitigation commitments inscribedin the list referred to in Article 3 (Mitigation),paragraph 2.
2. For each State or regional economic integration organization that ratifies, accepts, or approves this Agreement or accedes thereto after the deposit of the fiftieth
instrument of ratification, acceptance, approval, or
accession, the Agreement shall enter into force on theninetieth day after the date of deposit by such Stateor regional economic integration organization of its
instrument of ratification, acceptance, approval, or
accession, provided that the State or regional
economic integration organization has current
mitigation commitments inscribed in the list
referred to in Article 3 (Mitigation), paragraph
2. States and regional economic integration
organizations may avail themselves of theprocedure in Article 3 (Mitigation), paragraph
6, applied mutatis mutandis, to inscribe their
mitigation commitments in the list referred toin Article 3 (Mitigation), paragraph 2.
3. For the purposes of this Article, any instrument deposited by a regional economic integration organization
shall not be counted as additional to those depositedby States members of the organization.

36 |ACT 2015

The requirements for entry into force of the Agreement under Article 20(Entry into Force) aim at establishing a low threshold, which is justified
in view of the national determination of the core obligations. This threshold echoes that of the Framework Convention itself, which identified theninetieth day after the date of deposit of the fiftieth instrument of ratification,
acceptance, approval, or accession.
Early entry into force will create an incentive for other Parties to the Convention to ratify the Agreement. Any Party to the Convention wishing to join
the Agreement needs to have established mitigation commitments. Parties
that have not yet established their mitigation commitments by the time of
the adoption of the Agreement, can do so by using the procedure laid out inparagraph 6 of Article 3 (Mitigation), to be applied mutatis mutandis.

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Article 21: Non-Parties

In keeping with the participatory spirit and aims of the Paris Agreement,
Article 21 (Non-Parties) makes an attempt to allow non-Parties that
implement the core requirements of the Agreement to participate in theinternational process.

Any Party to the Convention that is not a Party to thisAgreement but is in full compliance with Articles 3, 4, 6, 7,
8, 9, and 10, as determined by the Meeting of the Parties,
shall be entitled to participate fully in the proceedings of the
Meeting of the Parties and all open-ended subsidiary bodies, and shall enjoy such other rights and privileges, with the
exception of the right to vote, as may be determined by the
Meeting of the Parties, for as long as it continues to be in fullcompliance with the aforementioned Articles.

Article 22: Reservations
No reservations may be made to this Agreement.

Article 23: Withdrawal
1. At any time after three years from the date on which
this Agreement has entered into force for a Party, that
Party may withdraw from this Agreement by giving
written notification to the Depositary. Any such withdrawal shall take effect upon expiry of the mitigation commitments the Party had under thisAgreement at the time of the written notificationof withdrawal and after having discharged itself
from all duties connected to these commitments,
or on such later date as may be specified in the
notification of withdrawal.

Article 22 (Reservations) states that no reservations can be made tothis Agreement. This should ensure full cooperation and firm commitment
from the Parties to the objectives of this Agreement.
Article 23 (Withdrawal) provides for the process of withdrawing fromthis Agreement, but also provides for withdrawing Parties to be obliged
to abide by their existing mitigation commitments until these have been
fulfilled (that is, withdrawal takes effect only for future mitigation commitments). This Article seeks to prevent Parties from avoiding compliancewith their previously agreed mitigation commitments, thereby strengthening the overall ambition and drive of this Agreement.

2. Subject to paragraph 1 above, any Party that withdraws from the Convention shall be considered as also
having withdrawn from this Agreement.

Article 24: Depositary
The Secretary-General of the United Nations shall be the
Depositary of this Agreement.

Articles 24 (Depositary) and 25 (Authentic Texts) establish theSecretary-General of the United Nations as the Depositary and provides
that the versions of the Agreement in the six languages of the United
Nations define are equally authentic.

Article 25: Authentic Texts
The original of this Agreement, of which the Arabic,
Chinese, English, French, Russian, and Spanish texts areequally authentic, shall be deposited with the Depositary.
DONE at Paris this [day] day of December, two thousand
and fifteen.
IN WITNESS WHEREOF the undersigned, being duly
authorized to that effect, have affixed their signatures tothis Agreement on the dates indicated.
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ELEMENTS FOR COP DECISIONSACCOMPANYING THE ADOPTION OF THE
PARIS AGREEMENT
In addition to a strong legal agreement, decisions by
the Conference of the Parties (COP decisions) will be an
important element of the 2015 Paris Agreement package.
COP decisions help operationalize the core Agreement andprovide further guidance on implementation. They
typically include the development of further rules andmodalities and, to this end, establish a work program forthe time prior to entry into force. They can also elaborateon the substance of specific provisions of the Agreement.
This section outlines elements that were identified asimportant during the engagement activities of the ACT2015 consortium but were typically either too technicalor detailed to be included in the suggested legal text, orwere thought to benefit from improvement over timeso that their inclusion in COP decisions would facilitate
their dynamic adaptation without renegotiating the whole
agreement. The further elaboration of these elements in
COP decisions is key to ensuring optimal implementation
and balance of the suggested legal text.

▪▪

Adaptation and Loss and Damage

▪▪
▪▪
▪▪

Overarching and General Provisions

▪▪
▪▪
▪▪

Agreement to apply the Agreement immediately,prior to entry into force

▪▪

38 |

Launch process to elaborate further rules andmodalities for adaptation cycle, including standard
format for submitting adaptation efforts statements(by 2017), regarding review of progress towards thelong-term adaptation goal by Adaptation Committee (by 2017) and the public recording of adaptation
efforts statements (by 2020)
Initiate additional work (under the Warsaw International Mechanism), in collaboration with relevantorganizations, to explore options for dealing withloss and damage resulting from, among other causes,
extreme weather and slow onset events. Provide
further guidance to Mechanism/Executive Committee
to accelerate work
Launch process to develop further guidelines forcooperation with other relevant internationalorganizations and expert bodies in accordance withparagraph 6 of Article 4 (Adaptation and Loss andDamage) (by 2019)

Clarify that the procedure laid out in paragraph 6of Article 3 (Mitigation) will also be available forinscribing mitigation commitments prior to entry
into force of the Agreement

Additional Cooperative Action

Launch process for elaboration of equity framework
to be adopted in 2017▪▪

Mitigation▪▪

Launch process to elaborate relevant modalities,
rules, and guidelines for market- and non-marketbased mechanisms (by 2017), including any economic
mechanism

Launch process to elaborate further rules and modalities for the cycle (by 2016), and composition andterms of reference of the independent expert panel,including scheduling of its inputs (first global assessment in 2017) (by 2016)
Elaboration of guidance on information to beprovided by Parties when submitting intended newor upgraded mitigation commitments, including
information on long-term, deep decarbonization
pathways

ACT 2015▪▪
▪▪
▪▪

Elaborate guidance for establishing joint agreements
and define their relationship to the Agreement andcommitments by Parties
Set requirements for application of transparency andaccountability provisions and provide guidelines forreporting procedures    Promote the implementation of joint action, andfurther encourage and support Parties participatingin joint agreements, including through appropriate
incentives
Develop guidelines for the the recognition of contributions by subnational and non-State actors

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Finance

▪▪
▪▪
▪▪
▪▪
▪▪
▪▪
▪▪

Set target for next replenishment period of Green
Climate Fund, for example, doubling of initial resource mobilization, guided by the recommendationof the Standing Committee on Finance as set out in
Article 6 (Finance) paragraph 8
Launch processes to elaborate rules and modalities
for the support cycle (including further guidelines
for strategies regarding finance and the review by
the Meeting of the Parties) (by 2017), guidance forassessments of investments by financial institutions(by 2017)▪▪

▪▪

Elaborate the enhanced role of the Technology
Mechanism in order to strengthen and advanceglobal participative collaboration on the development
and transfer of climate technology to improve thecapacity for absorption, development and transfer,including access to and application of climate
technology in developing countries
Mandate the Technology Mechanism to engage with
relevant external institutions including the WorldIntellectual Property Organization and the World
Trade Organization to address barriers that limit
the development, transfer, and absorption of climate
technology by and for developing countries

Define the pathway towards $100 billion
Determine which additional Parties should contributeto international climate finance in accordance withparagraph 2 of Article 6 (Finance) (by 2017)
Mandate the Standing Committee on Finance toprovide recommendations for promoting coherence
among operating entities and other relevant funds

Capacity Building▪▪
▪▪

Mandate the Standing Committee of Finance toreview the current reporting guidelines on financeand update them.
In addition, a Political Declaration could be concluded including a long-term political target forinternational public climate finance and recognitionof non-State actor finance initiatives

Technology Development and Transfer▪▪

▪▪

Mandate the Green Climate Fund as one of theoperating entities of the financial mechanism under
Article 6 (Finance) to allocate sufficient resources
to facilitate technology development and transfer
through the Technology Mechanism. The Meetingof the Parties shall provide guidance to the Green
Climate Fund in this respect and in conformity/
accordance with guidance by the Conference of
the Parties
Specify that the purpose of funding by the Green
Climate Fund is to make funds available to developing countries for climate technology absorption,
development and transfer activities including thoseto address barriers, and to clarify the process for
applying for funding from this source

Elaborate further arrangements, modalities andguidelines of the capacity-building mechanism by
2017 in accordance with Article 8 (Capacity Building)
Agree by 2017 how the financial mechanism under
Article 6 (Finance) should contribute to the capacitybuilding mechanism, including guidance to thefinancial mechanism for an early implementationof the capacity-building requirements of the Agreement, including the allocation of sufficient resources,
significantly increased from current levels in linewith needTransparency and Accountability▪▪

▪▪

Launch process(es) for elaborating rules and guidelines for national reports, national communications
and the two-phased assessment process, building
on, revising, and integrating existing guidelines(by 2019); Standing Committee on Finance to provide input as regards reporting on support/finance,
especially in relation to paragraph 12.b of Article 9(Transparency and Accountability)
Launch process(es) for developing common metrics
and methodologies for estimating emissions of greenhouse gases from sources and removals by sinks (by2016), for assessing risks and vulnerability to climatechange impacts (by 2018), and for tracking andreporting financial flows (by 2017)

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▪▪
▪▪
▪▪
▪▪

40 |

Launch process for developing common metrics andmethodologies for assessing the impact of mitigationcommitments (by 2016)
Agreement on basic rules and guidelines andlaunching of process for finalizing detailed rules andguidelines for a common accounting framework,
including for different commitment types as needed,
for the land sector, and for the use of market mechanisms (by 2016)
Recommend that the Standing Committee on
Finance conduct further work to harmonize thereporting of climate finance among operating
entities, in collaboration with the OECD andinternational financial institutions
Launch process to elaborate relevant modalities,
rules and guidelines for the land use sector, including for measurement, reporting and verification(including accounting) of emission reductions, witha goal of achieving convergence and harmonization of the existing LULUCF and REDD+ rules. The
new harmonized rules should be guided by a setof principles including: environmental integrity,environmental, governance, social safeguards, andcomparability and transparency of the rules

ACT 2015

Mechanism for Facilitating and Promoting
Implementation▪▪

Launch process for elaboration of modalities andprocedures for the mechanism by 2017

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ANNEX
SUGGESTED LEGAL TEXT: PARIS AGREEMENTThe Parties to this Agreement have agreed as follows:

Article 1: Definitions i
For the purposes of this Agreement, the definitions
contained in Article 1 of the Convention shall apply.
In addition:
1. “Adaptation efforts statement” means a statement on
existing and planned national and subnational policies, programs, plans, projects, processes and othermeasures, including impact, risk, and vulnerability
assessments or other studies, which aim to reduce thevulnerability and enhance the resilience of communities to climate change or otherwise to address theimpacts of climate change.
2. “Conference of the Parties” means the Conference of
the Parties to the Convention.
3. “Convention” means the United Nations Framework
Convention on Climate Change, adopted in New Yorkon 9 May 1992.
4. “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.
5. “Long-term adaptation goal of this Agreement” means
the long-term adaptation goal specified in paragraph
2 of Article 2 (General Provisions).ii
6. “Long-term mitigation goal of this Agreement” means
the long-term mitigation goal specified in paragraph 2
of Article 2 (General Provisions).
7.

“Meeting of the Parties” refers to the Conference of
the Parties serving as the Meeting of the Parties tothis Agreement.

8. “Mitigation commitments” means quantified emission limitation and reduction objectives, long-term
national emissions goals, other relevant quantified
objectives, or policies and measures to reduce or limit
greenhouse gas emissions and enhance sinks.
iii

9. “Parties present and voting” means Parties present
and casting an affirmative or negative vote.
10. “Party” means, unless the context otherwise indicates,
a Party to this Agreement.
11. “Phase out net global emissions” means that global
removals of greenhouse gases by sinks equal or
exceed global emissions by sources from a given year
onwards.
12. “Support” means, unless the context otherwise
indicates, the provision of finance, technology andcapacity building in accordance with Articles 6(Finance), 7 (Technology Development and Transfer)and 8 (Capacity Building).

Article 2: General Provisions
1. This Agreement shall be under the Convention andguided by its principles.
2. In order to achieve the objective of the Convention
under its Article 2, the Parties shall pursue the following two long-term goals in a holistic and integrated
manner, recognizing their interconnectedness andmutual supportiveness:(a) To hold the increase in global average temperature below 2°C or 1.5°C above pre-industrial levels, the long-term mitigation goal of this Agreement is, in accordance with the latest science asreflected in the assessments of the Intergovernmental Panel on Climate Change, to phase out
net global greenhouse gas emissions as early as
possible in the second half of this century, including an earlier phase-out of net global emissions ofcarbon dioxide, through the collective actions of
all countries based on their common but differentiated responsibilities and respective capabilities,
in light of different national circumstances.
(b) The long-term adaptation goal of this Agreement is to reduce the vulnerability, and build andensure the resilience, of communities to climatechange impacts, through the collective actions of
all countries, including through scaled up support, based on their common but differentiatedresponsibilities and respective capabilities, inlight of different national circumstances.

Titles of articles are included solely to assist the reader.
Titles of articles are added in parentheses and italics solely to assist the reader.

WORKING PAPER | May 2015 | 41

3. Parties shall implement this Agreement in an equitable manner, in accordance with their common but
differentiated responsibilities and respective capabilities, in light of different national circumstances.
The Meeting of the Parties shall, at its first session,
adopt an equity framework to assist and provide
guidance to the Parties in implementing thisAgreement accordingly.
4. The Parties shall continuously progress their actions
under this Agreement, beyond existing undertakings,
toward the long-term adaptation and mitigation goalsof this Agreement, in parallel and mutually supportive
five–year cycles for mitigation, adaptation, andsupport as specified in paragraph 5 of Article 3(Mitigation), paragraph 4 of Article 4 (Adaptationand Loss and Damage) and paragraph 5 of Article 6(Finance), respectively.
5. The implementation and development of this Agreement should be informed by and respond to the latest
scientific information as communicated to the
Meeting of the Parties by the Intergovernmental
Panel on Climate Change.

Article 3: Mitigation1.

In accordance with the provisions of this Article, eachParty shall, striving for a comprehensive scope and ahigh and increasing level of ambition in pursuit of thelong-term mitigation goal of this Agreement, prepare,regularly update, and implement mitigation commitments, consistent with its common but differentiatedresponsibilities and respective capabilities, in light ofdifferent national circumstances.

2. Each Party shall implement mitigation commitments
through to 2025, as inscribed in a list to be kept by thesecretariat and to be made publicly available alongside this Agreement. It may, in addition, implement
further mitigation commitments, including through to2030, as inscribed in the same list. In light of different
national circumstances, least developed countries andsmall island developing States shall have particular flexibility regarding the scope, stringency, form, type, andfrequency of their mitigation commitments.
3. Developing countries, including, in particular, least
developed countries and small island developing States,
shall be eligible for support for the preparation, updat-

42 |ACT 2015

ing, and implementation of mitigation commitments,
and are encouraged to indicate which additional
mitigation commitments they could undertake if theyreceive support, including information on the type andmagnitude of support needed.
4. An independent expert panel is herewith establishedto assist the Meeting of the Parties in assessing, andthereby informing, Parties’ mitigation commitments.
The Meeting of the Parties shall, at its first session,
adopt terms of reference of the panel, including its
composition.
5. The ambition of all Parties’ mitigation commitments
shall be raised in a continuous mitigation cycle every
five years, informed by and informing the adaptation
cycle under Article 4 (Adaptation and Loss andDamage) and the support cycle under Article 6(Finance), until the long-term mitigation goal of thisAgreement is met, as follows:(a) By the end of 2020 the Meeting of the Parties
shall consider new or upgraded mitigationcommitments through to 2030, as submitted byParties. Every five years thereafter, the Meetingof the Parties shall consider mitigation commitments submitted by Parties extending for afurther five years. The mitigation commitmentsfrom the Parties shall be considered jointly
accepted unless a majority of Parties objects.
Upon acceptance, mitigation commitments
shall be inscribed in the list referred to in paragraph 2 above, and each Party shall implement
its mitigation commitments. If the mitigationcommitments are not accepted, each Party shallrevisit and resubmit, revised as appropriate, foracceptance at the next session of the Meeting of
the Parties.
(b) Each Party shall prepare and submit intended
mitigation commitments pursuant to subparagraph (a) above to the secretariat no later
than two years prior to the date by which the
Meeting of the Parties is to consider them under
sub-paragraph (a) above. Intended mitigationcommitments shall:Getting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

regarding the frequency of submission of their
future mitigation commitments.

(i) represent a progression beyond existing commitments of each Party, taking into accountscope, stringency, form, and type; and(ii) take into account, inter alia, (a) information
on previous implementation by Parties; (b)information on support available and neededin accordance with Articles 6 (Finance), 7(Technology Development and Transfer)and 8 (Capacity Building), (c) the equity
framework under paragraph 3 of Article 2(General Provisions); and (d) a global assessment by the independent expert panel underparagraph 4 above of the consistency ofParties’ aggregate existing mitigationcommitments with the achievement of thelong-term mitigation goal of this Agreement.
(c) The independent expert panel shall, within one
year of the submission of intended mitigationcommitments:(i) assess each Party’s intended mitigationcommitments in order to determine whether
they fulfill the requirement of sub-paragraph(b)(i) above, and to provide country-specificadvice on ways and means for increasing
their ambition; and(ii) undertake a global assessment of the consistency of Parties’ aggregate intended
mitigation commitments with the achievement of the long-term mitigation goal of thisAgreement.
(d) Taking into account the advice received under
sub-paragraph (c) above, each Party shall submit
its mitigation commitments for consideration of
the Meeting of the Parties at least three months
before the session at which it is proposed for
acceptance. The secretariat shall forthwith circulate these proposed mitigation commitments to
all Parties and make them available to the public.
(e) Competent international and non-governmentalorganizations, as well as subnational authorities,
are encouraged to provide input to the mitigation
cycle.

(j) The Meeting of the Parties shall, at its first session, adopt further rules and modalities for the
mitigation cycle and shall regularly review theserules and modalities thereafter.
6. Each Party may, at any time, submit mitigation commitments that are additional to, or upgrades of, mitigation commitments inscribed in the list referred to inparagraph 2 above. The secretariat shall circulate such
additional or upgraded mitigation commitments to
all Parties and make them available to the public. The
additional or upgraded mitigation commitments shall beconsidered accepted under sub-paragraph 5(a) unless atleast one tenth of the Parties object within three monthsof the circulation by the secretariat.
7.

Mitigation commitments inscribed in the list referred
to in paragraph 2 above may be modified only following the procedures provided for in paragraphs 5 and 6
above, as applicable, and respecting the requirements
specified therein.

8. The Implementation Committee under Article 10(Mechanism for Facilitating and Promoting Implementation) shall be responsible for facilitating and promoting submissions of mitigation commitments underparagraphs 5(b) and (d) above, where a Party has notmade a submission within six weeks of the applicabledeadline.

9. Parties may cooperate in the implementation of
their mitigation commitments, including throughmarket- and non-market-based mechanisms, including the mechanisms established under Articles 6, 12
and 17 of the Kyoto Protocol to the Convention andany new economic mechanism. The Meeting of theParties shall develop relevant modalities, rules, andguidelines, including those that ensure environmental
integrity and avoid double counting.
10. The Meeting of the Parties shall adopt the decisions
necessary for the full implementation of this Article.

(f) Least developed countries and small island
developing States shall have particular flexibility

WORKING PAPER | May 2015 | 43

Article 4: Adaptation and Loss andDamage1. In accordance with the provisions of this Article andin pursuit of the long-term adaptation goal of thisAgreement, each Party shall, taking into account theneed for collective mitigation action to minimize theneed for additional adaptation action, work toward
strengthening and advancing international cooperation on adaptation, and shall prepare, regularly
update, and implement adaptation efforts, consistent
with its common but differentiated responsibilities and respective capabilities, in light of different
national circumstances, and building on existing
adaptation initiatives and activities under
the Convention.
2. The Parties shall take into account that, in light of
their different national circumstances, developing
country Parties, in particular those that are particularly vulnerable, including least developed countries
and small island developing States, shall be eligible
for support in pursuing the long-term adaptation
goal of this Agreement.
3. As a central element of its adaptation efforts, eachParty shall undertake a process to formulate, implement, and continuously update a national adaptation plan in accordance with the Cancun Adaptation
Framework established by decision 1/CP.16 andnational adaptation plan process elaborated indecision 5/CP.17.
4. The adaptation efforts of each Party shall beenhanced, communicated, and updated in a continuous adaptation cycle, informed by and informing the
mitigation cycle under Article 3 (Mitigation), joint
agreements under Article 5 (Additional Cooperative Action) and the support cycle under Article 6(Finance) in pursuit of the long-term adaptation
goal of this Agreement, as follows:(a) The Meeting of the Parties shall, every five years
starting in 2020 and based upon the status
report by the Adaptation Committee under subparagraph (d) below, consider ways and means toenhance adaptation action under this Agreement
and Parties’ adaptation efforts, and take further
measures, as may be required, to achieve thelong-term adaptation goal of this Agreement.

44 |ACT 2015(b) Each Party shall, no later than two years prior
to the first consideration by the Meeting of theParties referred to in sub-paragraph (a) above,
based on, inter alia, its national adaptation
planning under paragraph 3 above, any otherrelevant national policies, reports or plans, andthe equity framework under paragraph 3 ofArticle 2 (General Provisions), submit its initial
adaptation efforts statement to the secretariat,
including information on the type and magnitudeof support needed beyond domestic resources,
as appropriate. Each Party shall submit a new or
updated adaptation efforts statement every five
years thereafter. The Meeting of the Parties shall,by 2020, decide on the way in which adaptation
efforts statements shall be publicly recorded.
(c) The Adaptation Committee shall, upon thesubmission of adaptation efforts statements
under sub-paragraph (b) above, every five years
undertake a review of progress towards thelong-term adaptation goal of this Agreement,with the aim of identifying ways and means toenhance adaptation action under this Agreement
as well as adaptation efforts by Parties. The
review shall encompass a focus on identifying
best practices at country or regional level,
promoting mutual learning and facilitating
implementation, including the facilitation of
support for the implementation of adaptation
efforts in accordance with Articles 6 (Finance),
7 (Technology Development and Transfer) and
8 (Capacity Building) by developing country
Parties. In addition to the submitted adaptation
efforts statements, the review shall be based,inter alia, on (i) the synthesis and aggregate
analysis of the Standing Committee on Financeunder paragraph 5 of Article 6 (Finance), (ii) theequity framework under paragraph 3 of Article 2(General Provisions), (iii) other relevant national
reports and plans and, (iv) relevant scientificinput.
(d) The Adaptation Committee shall, as a result of
the recurrent review under sub-paragraph (c)above, issue a status report, including lessons
learned, and make recommendations to the
Meeting of the Parties on ways and means toGetting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

enhance the adaptation action under this Agreement and Parties’ adaptation efforts every five
years, starting in 2020.
(e) Each Party may, at any time, submit new or
updated adaptation efforts statements thatare additional to those under sub-paragraph(b) above. These shall be publicly recorded asdetermined by the Meeting of the Parties under
sub-paragraph (b) above.
(f) Competent international and non-governmentalorganizations, as well as subnational authorities,
are encouraged to provide input to the adaptation
cycle.
(g) The Meeting of the Parties shall, at its firstsession, adopt further rules and modalities forthe adaptation cycle, and shall regularly review
these rules and modalities thereafter.
5. In light of their different national circumstances,developing country Parties, in particular those thatare particularly vulnerable, including least developed
countries and small island developing States, shall be
eligible for support for the formulation, implementation, and regular updating of national adaptationplans under paragraph 3 above, and for the submission of adaptation efforts statements under paragraph4(b) above. Such support shall be available in accordance with Articles 6 (Finance), 7 (Technology Development and Transfer) and 8 (Capacity Building).
6. Relevant international organizations and expert
bodies outside the Convention are encouraged tocooperate and invited to report regularly on theiractions and activities to achieve the long-term adaptation goal of this Agreement to the Meeting of theParties. The Meeting of the Parties shall develop
further guidelines, as appropriate.
7. The Adaptation Committee established under decision
1/CP.16 and other institutions and bodies addressing adaptation under the Convention shall serve thisAgreement. The Meeting of the Parties, in cooperation with the Conference of the Parties, as appropriate, shall regularly review the outcome of the work of,and provide guidance to, the Adaptation Committee
and the other institutions and bodies.
8. The implementation committee under Article 10(Mechanism for Facilitating and Promoting Imple-

mentation) shall be available for facilitating andpromoting the submission of adaptation efforts
statements under paragraph 4 above.
9. The Warsaw International Mechanism for Loss andDamage associated with Climate Change Impacts
under the Convention, established by decision 3/
CP.18, shall serve as the platform under this Agreement for enhanced cooperation on loss and damage
associated with the adverse effects of climate change.
The Meeting of the Parties, in cooperation with theConference of the Parties, as appropriate, shallregularly review the outcome of the work of, andprovide guidance to, the Mechanism.
10. The Meeting of the Parties shall adopt the decisions
necessary for the full implementation of this Article.

Article 5: Additional Cooperative Action
1. In pursuit of the long-term mitigation and adaptation goals of this Agreement, groups of Parties may
prepare, communicate, and implement joint
agreements concerning specific actions, including
policies, measures, and other cooperative schemesthat are in addition to, and represent a progression
beyond, Parties’ undertakings under other articlesof this Agreement. The Meeting of the Parties shalladopt further guidelines for the recognition of suchjoint agreements as appropriate. Additional cooperative actions may involve participation by non-State
actors, particularly those in a position to contribute
substantively to them.
2. Parties shall work through and with other relevantinternational organizations and agreements, interalia the International Civil Aviation Organization, theInternational Maritime Organization, and the Montreal Protocol on Substances that Deplete the Ozone
Layer, in accordance with their internal rules andprocedures, so as to ensure that these organizations
and agreements contribute fully and increasingly
to achieving the long-term mitigation and adaptation goals of this Agreement, including through themobilization of technical and financial support andcapacity building, as appropriate.
3. The Meeting of the Parties shall also adopt guidelines
for the recognition of contributions by subnationaland non-State actors.

WORKING PAPER | May 2015 | 45

Article 6: Finance
1. Parties shall shift and scale up investments for
low-carbon and climate-resilient development, inline with countries’ national priorities and sustainable development objectives, in order to meet thelong-term mitigation and adaptation goals of thisAgreement, in particular through the mobilization, ina transparent manner, of increasing amounts of new,additional, adequate, and predictable climate financefrom a variety of sources, including international andnational, public and private sources, and in particular
for the benefit of developing countries.
2. Developed country Parties shall make financial
contributions and mobilize finance at an increasing
scale from a floor based on current undertakings andcommitments, through various channels, including
but not restricted to, multilateral and bilateralchannels. Other Parties, regularly determinedby the Meeting of the Parties, in accordancewith the principle of common but differentiatedresponsibilities and respective capabilities, and inlight of different national circumstances, shall also
provide financial contributions and mobilize finance,
including among developing country Parties.
3. Parties shall aim to ensure that the allocation of
public climate finance is balanced between adaptationand mitigation, with the aim of achieving at least an
equal allocation of public finance for adaptation fromthe total amount of finance provided by Parties under
this Agreement.
4. All Parties shall improve their national policy andinstitutional frameworks for climate finance andadapt their relevant legal and policy frameworks
in support of the shift and scale-up of investment
referred to in paragraph 1 above.
5. Every five years, until the long-term mitigation andadaptation goals of this Agreement are met, theprovision of climate finance under this Article shall bescaled up as part of a continuous support cycle that
also includes the reviews of technology development
and transfer under Article 7 (Technology Development and Transfer) and the capacity-building
mechanism under Article 8 (Capacity Building) andthat is informed by and informs the mitigation cycle
under Article 3 (Mitigation) and the adaptation cycle
under Article 4 (Adaptation and Loss and Damage),as follows:

46 |ACT 2015(a) The Meeting of the Parties shall, by the end of2020 and every five years thereafter, review
progress toward the aim referred to in paragraph
1 above, in parallel with the reviews of technology development and transfer under Article 7(Technology Development and Transfer) andthe capacity-building mechanism under Article 8(Capacity Building), and take further measures
as may be required to achieve the aim referred toin paragraph 1 above.
(b) Two years prior to the date referred to in subparagraph (a) above, each Party shall prepare
and submit strategies regarding finance towards
2030. Every five years thereafter, each Party
shall submit updated strategies regarding financeextending for a further five years.
(c) Building on information available in national
communications submitted in accordance with
Article 9 (Transparency and Accountability) andother relevant inputs, and taking into account theequity framework under paragraph 3 of Article
2 (General Provisions), strategies regarding
finance shall:(i) Address measures to improve national policy
and institutional frameworks as well as
measures to adapt relevant legal and policy
frameworks in support of the shift and scaleup of investments referred to in paragraph 1
above;(ii) For Parties receiving climate finance, include,in particular, a projection of future financial
needs and national investment plans;(iii) For those Parties providing financial contributions and mobilizing finance pursuant
to paragraph 2 above, include, in particular,
climate finance pathways indicating plans
and channels for scaling up climate finance.
(d) Developing country Parties, in particular least
developed countries and small island developing States, shall be eligible for support from thecapacity-building mechanism under Article 8(Capacity Building) for the preparation of theirstrategies regarding finance.
(e) Upon the submission of strategies regarding
finance, the Standing Committee on Finance shallforthwith prepare and provide to the Meeting ofGetting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

the Parties, no later than nine months prior to
the date referred to in sub-paragraph (a) above, asynthesis and aggregate analysis of the strategies
submitted, reports submitted by national andinternational financial institutions under paragraph 10, and information contained in national
communications submitted in accordance with
Article 9 (Transparency and Accountability),taking into account any other relevant information and submissions, and shall provide recommendations in light of the aim in paragraph 1 andthe long-term mitigation and adaptation goals of
this Agreement.
(f) The Meeting of the Parties shall take into accountthe synthesis, aggregate analysis and recommendations provided by the Standing Committee on
Finance in its review and consideration of further
measures pursuant to sub-paragraph (a) above.
(g) Competent international and non-governmentalorganizations, as well as subnational authorities,
are encouraged to provide input to the support
cycle.
6. The Meeting of the Parties shall, at its first session,
adopt further rules and modalities for the support
cycle pursuant to paragraph 5 above, including
further guidelines for strategies regarding finance,and shall regularly review these rules and modalities
thereafter. To this end, the Meeting of the Parties may
draw on the input of the Standing Committee
on Finance.
7. The financial mechanism under Article 11 of theConvention shall serve as the financial mechanism of
this Agreement and the Green Climate Fund shall be
the main operating entity of the financial mechanismof this Agreement.

measures to shift and scale up investments referred
to in paragraph 1, including, inter alia, legal measures
such as disclosure requirements, investment instruments, special banking facilities, and institutional
reforms and regulatory measures.
10. The Parties shall work with and through national andinternational financial institutions in order to aligninvestment decisions and policies with the long-term
mitigation and adaptation goals of this Agreement.
To this end, the Parties shall facilitate and work
toward regular assessments of the investment portfolios and plans of these institutions to identify specificrisks involved in investments not aligned with thelong-term mitigation and adaptation goals of thisAgreement. The Meeting of the Parties shall, at its
first session, adopt guidance for such assessments
and take appropriate steps towards their application. Parties and relevant national and international
financial institutions are invited to report regularlyon their activities under this paragraph. The Standing
Committee on Finance shall take these reports into
account in its reporting under paragraph 9 above.
11. All Parties shall work with and through relevant international organizations, such as the International Civil
Aviation Organization and the International Maritime Organization, as well as non-governmental andprivate institutions and initiatives, in order to catalyze
additional sources of climate finance.
12. The Implementation Committee under Article 10(Mechanism for Facilitating and Promoting Implementation) shall be responsible for facilitating andpromoting the submission of strategies regarding
finance under paragraph 5 above, where a Party
required to make financial contributions under paragraph 2 above has not made a submission within six
weeks of the applicable deadline.

8. In order to ensure that the level of financial contributions to the Green Climate Fund continuously andsignificantly increases, the Standing Committee on
Finance shall provide recommendations regarding theoverall level of financial contributions to the Green
Climate Fund in each replenishment cycle.

Article 7: Technology Development
and Transfer

9. The Standing Committee on Finance established bydecision 1/CP.16 of the Conference of the Parties shallprovide assistance to the Meeting of the Parties on
issues pertaining to climate finance. In so doing, it
shall regularly report on the availability and use of

1. Technology development and transfer under thisAgreement aims to enhance global cooperation toaccelerate the development, dissemination and diffusion of, and to facilitate access to, climate technologies, including through engagement of external

13. The Meeting of the Parties shall adopt the decisions
necessary for the full implementation of this Article.

WORKING PAPER | May 2015 | 47

institutions and the private sector, in order to meetthe long-term mitigation and adaptation goals of thisAgreement.
2. Parties shall strengthen and advance global cooperation on the development and transfer of climate technologies in order to, inter alia, increase international
diffusion of climate technologies; materially increase
public funding for research, development, and demonstration of climate technologies; enhance national
policy and institutional frameworks in developing
countries to foster endogenous climate technology
absorption, development, and transfer; and achieve
appropriate cost reductions for developing countries
in accessing and applying climate technologies.
3. Each Party shall include information on progressin the implementation of this Article in its national
reports under Article 9 (Transparency and Accountability), in accordance with guidance adopted by the
Meeting of the Parties thereunder.
4. In light of their different national circumstances,developing country Parties, in particular least developed countries and small island developing States,
shall be eligible for support under Articles 6 (Finance)and 8 (Capacity Building) for the fulfillment of therequirements under this Article.
5. The technology mechanism established pursuant todecision 1/CP.16 of the Conference of the Parties shallserve this Agreement. The Meeting of the Parties
shall, in collaboration with the Conference of the Parties, provide guidance to the technology mechanism
in order to advance technology development andtransfer in accordance with paragraph 1 above.
6. Relevant international organizations and expert
bodies outside the Convention are encouraged tocollaborate and address barriers that limit the absorption, development, and transfer of climate technology
by and for developing countries, in order to meet thelong-term mitigation and adaptation goals of thisAgreement.
7. The Meeting of the Parties shall adopt the decisions
necessary for the full implementation of this Article.
It shall assess and review the progress of technology
development and transfer under this Article every five
years, in conjunction with the support cycle under
Article 6 (Finance) and the assessment and reviewof the capacity-building mechanism under Article

48 |ACT 2015

8 (Capacity Building), inter alia based on national
reports and their assessment under Article 9(Transparency and Accountability), and shall takeaction to further enhance technology development
and transfer under this Agreement, as appropriate.

Article 8: Capacity Building
1. A capacity-building mechanism is hereby defined.
2. It shall function under the guidance of, and be
accountable to, the Meeting of the Parties.
3. The capacity-building mechanism shall have an
equitable and balanced representation of all Parties
within a transparent system of governance.
4. The capacity-building mechanism shall assist
developing country Parties in the implementationof this Agreement in a sustained, predictable, andeffective manner, including by fulfilling thefollowing functions:(a) Ensure adequate capacity building for an effective implementation of the requirements under
Articles 3 (Mitigation), 4 (Adaptation and Loss
and Damage), 6 (Finance), 7 (Technology Development and Transfer) and 9 (Transparency andAccountability), including the preparation ofnational reports and national communications,analysis and assessment, development of policies,
plans and options, and activities associated with
monitoring and reporting. Appropriate methodologies, guiding, and training materials shall be
developed to this end.
(b) Support developing country Parties to strengthen
their relevant national institutional and legal
frameworks.
(c) Regularly assess the financial and technicalassistance received for capacity building and theeffectiveness of the delivery of such assistance.
(d) Collaborate with institutions and mechanisms
under and outside the Convention to enhancecoordination and effectiveness of capacity-building
efforts.
(e) Identify opportunities to integrate capacity building at the national and regional levels, involving
both governmental and broader societal initiatives.

Getting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum(f) Provide guidance and recommendations to the
Meeting of the Parties.
5. The Meeting of the Parties shall, at its first session,
adopt institutional arrangements, modalities, andguidelines to enable the capacity-building mechanism
to fulfil its functions. These arrangements, modalities,
and guidelines shall ensure that the capacity-building
mechanism is adequately capitalized, including
through the financial mechanism, to secure a longterm approach and prioritize strategic investments inbuilding capacity.
6. The Meeting of the Parties shall assess and review
the capacity-building mechanism every five years, inconjunction with the support cycle under Article 6(Finance) and the assessment and review oftechnology development and transfer under Article 7(Technology Development and Transfer).

Article 9: Transparency andAccountability
1. Parties shall aim to build confidence and trust by:(a) Ensuring high and continuously increasing levelsof transparency, accountability, consistency,
comparability, completeness and accuracy of
information (hereinafter referred to as “transparency”) provided by Parties on action and support
toward their individual commitments and thelong-term global mitigation and adaptation goalsof this Agreement, taking into account common
but differentiated responsibilities and respective capabilities, in light of different national
circumstances;(b) Enabling effective tracking of progress towards
the achievement of the objective of the Convention under its Article 2 and the long-term mitigation and adaptation goals of this Agreement; and(c) Supporting enhanced cooperation on mitigation
and adaptation.
2. All Parties shall work towards improving transparency
under this Agreement in a continuous and sustainedmanner over time, taking into account their national
capabilities and circumstances. The existing rules,
methodologies, and guidelines under the Convention
shall provide the minimum requirements and starting
points for Parties’ efforts to this end.

3. Developing country Parties, in particular least developed countries and small island developing States,
shall be eligible for support for the fulfillment of therequirements under this Article.
4. Every two years, each Party shall submit a national
report to the secretariat that includes information on
progress towards implementation of its mitigationcommitments under Article 3 (Mitigation), support
provided or received, as appropriate, under Articles
6 (Finance), 7 (Technology Development andTransfer) and 8 (Capacity Building), and theinformation referred to in paragraphs 10 and 12
below. Parties may also include information on theiradaptation efforts.
5. Every four years, the national report submitted underparagraph 4 shall take the form of a more comprehensive national communication that shall also include
information on, inter alia:(a) The progress in implementation of the Party’s
adaptation efforts and other adaptation activities and planning, including national adaptationplans pursuant to paragraph 3 of Article 4(Adaptation and Loss and Damage);(b) The progress in improving national policy
and institutional frameworks to facilitate theimplementation of requirements, and adapting
national legal and policy frameworks in accordance with paragraph 4 of Article 6 (Finance);(c) How the implementation of mitigation commitments under Article 3 (Mitigation) and adaptation efforts under Article 4 (Adaptation and Loss
and Damage) has contributed to the achievementof sustainable development objectives;(d) The efforts made to increase awareness, education, climate-related research, and observationand engagement with national stakeholders; and(e) The technology needs, and progress made, intechnology development and transfer, in accordance with Article 7 (Technology Development
and Transfer).
6. Developed country Parties and other Parties in aposition to do so shall annually submit greenhousegas emission inventory reports to the secretariat.

WORKING PAPER | May 2015 | 49

7. Reports under paragraphs 4, 5, and 6 above shall be
submitted as part of relevant submissions due under
the Convention. The first such reports shall be due atthe due date of the first related submissions under theConvention after the entry into force of this Agreement for the Party concerned.
8. Each Party’s reports submitted under paragraphs 4
and 5 above shall be subject to a two-phase assessment process that consists of a technical evaluationof individual reports, followed by a multilateralappraisal based on the output of the technical evaluation. The two-phase process shall include theparticipation of, and consider any relevant inputs
from, non-governmental organizations.
9. The Implementation Committee under Article 10(Mechanism for Facilitating and Promoting
Implementation) shall be responsible for facilitating
and promoting the timely submission and transparency of the reports under paragraphs 4 to 6 above,taking into account the outcome of the two-phaseassessment process under paragraph 8 above, as
appropriate, as well as different national capacities
and circumstances.
10. To preserve environmental integrity and prevent
double counting:(a) All Parties shall follow a common global accounting framework that includes, inter alia, theland sector and the use of transferable emission
units, taking into account different national
circumstances.

11. To facilitate the integration of climate change intodevelopment planning, and in pursuit of thelong-term adaptation goal of this Agreement,
all Parties shall use common metrics andmethodologies for assessing risks and vulnerability
to climate change impacts and undertaking impact
assessments. In so doing, Parties shall take into
consideration climate change scenarios of a 2°C,
3°C, and 4°C temperature increase.
12. To strengthen the transparency of support:(a) All Parties shall use common metrics andmethodologies for tracking and reporting on
financial flows.
(b) Parties shall include information in theirnational reports under paragraph 4 on the support received, needed, provided, and expected
to be provided, based on standardized format
tables, including details on the nature, scope,
recipients and implementing organizations,sources and channels of funding.
13. Guided by the aims contained in paragraph 1 above,
the Meeting of the Parties shall, at its first session andbuilding on relevant guidelines under the Convention,
adopt appropriate rules and guidelines for:(b) All Parties shall use common metrics andinventory methodologies for estimating emissions of greenhouse gases from sources andremovals by sinks.

(a) National reports under paragraphs 4 to 6,
including standardized reporting formats;(c) All Parties using market- or non-market-based
approaches shall include information on the useof these approaches in their national reports
under paragraph 4 above, in order to demonstrate that this use delivers real, additional,
verified, transparent, and permanent emission
reductions and addresses the risk of leakage.

(c) The use of common metrics and methodologies
and a common global accounting framework
according to paragraphs 10 to 12 above.

(d) Parties including the land sector in their
mitigation commitments shall include, in theirnational reports under paragraph 4 above,
information on the use of a minimum threshold

50 |for coverage of emissions and removals in the
sector, and implementation of environmental,
governance, and social safeguards, including therecognition of the rights of indigenous peoples
and community land rights.

ACT 2015(b) The assessment process under paragraph 8
above; andThe Meeting of the Parties shall adopt and subsequently review these rules and guidelines every four
years, as appropriate. It shall cooperate with theConference of the Parties in order to avoid overlap
and duplication and ensure, to the extent possible,
uniform guidelines and processes so as to realize an
integrated system of transparency.

Getting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

Article 10: Mechanism for Facilitating
and Promoting Implementation
1. A mechanism to facilitate and promote implementation, including an implementation committee, isherewith established.
2. The mechanism and its implementation committee
shall have an equitable and balanced representationof Parties and effective decision-making procedures
and shall be based on the following:(a) The mechanism shall be non-adversarial andfacilitative and shall aim at facilitating andpromoting compliance with, as well as effective
implementation of, this Agreement.
(b) The implementation committee shall addressquestions of implementation raised by Parties
with respect to themselves, or with respect toother Parties, as well as questions of implementation arising from the assessment process under
Article 9 (Transparency and Accountability).
(c) The implementation committee shall be able toissue its findings independently and shall haveeffective measures available, including recommendations, advice, warnings, cautions, andthe facilitation of support. It shall be subject togeneral guidance by the Meeting of the Parties.
3. The Meeting of the Parties shall, at its first session,
adopt further modalities and procedures for themechanism, taking into account relevant work andexperience under the Convention and related instruments, including the multilateral consultative process
under Article 13 of the Convention. It shall regularly
review these modalities and procedures thereafter.

Article 11: Review
At the request of at least two fifths of the Parties, but noearlier than three years after the entry into force of thisAgreement, the Meeting of the Parties shall review thisAgreement in light of the best available scientific information and assessment on climate change and its impacts, aswell as relevant technical, social, and economic information. Based on these reviews, the Meeting of the Parties
shall take appropriate action.

Article 12: Meeting of the Parties
1. The Conference of the Parties, the supreme body of
the Convention, shall serve as the Meeting of theParties.
2. Except as otherwise provided for in Article
21 (Non-Parties),iii Parties to the Convention thatare not Parties to this Agreement may participate as
observers in the proceedings of any session of the
Meeting of the Parties. Decisions under this Agreement shall be taken only by Parties to this Agreement.
3. When the Conference of the Parties serves as the
Meeting of the Parties, 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 thisAgreement, shall be replaced by an additional member to be elected by and from amongst the Parties tothis Agreement.
4. The Meeting of the Parties shall keep under regularreview the implementation of this Agreement
and shall make, within its mandate, the decisions
necessary to promote its effective implementation.
It shall perform the functions assigned to it by thisAgreement and shall:(a) Adopt, at its first session, its own rules ofprocedure and financial procedures;(b) Make recommendations on any matters necessary for the implementation of this Agreement;(c) Establish such subsidiary bodies as are deemednecessary for the implementation of thisAgreement;(d) Seek and utilize, where appropriate, the services
and cooperation of, and information provided by,competent international organizations and intergovernmental and non-governmental bodies; and(e) Exercise such other functions as may be required
for the implementation of this Agreement, andconsider any assignment resulting from a decision by the Conference of the Parties.
5. The first session of the Meeting of the Parties shallbe convened by the secretariat in conjunction withiii
Here as well as in the following, bold text indicates deviations from established standard
wording. Bold text is intended solely for the assistance of the reader.

WORKING PAPER | May 2015 | 51

the first session of the Conference of the Parties thatis scheduled after the date of the entry into force of
this Agreement. Subsequent ordinary sessions of the
Meeting of the Parties shall be held every year, and in
conjunction with ordinary sessions of the Conferenceof the Parties, unless otherwise decided by the Meeting of the Parties.
6. Extraordinary sessions of the Meeting of the Parties
shall be held at such other times as may be deemednecessary by the Meeting of the Parties, or at thewritten request of any Party, provided that, within
six months of the request being communicated to theParties by the secretariat, it is supported by at least
one third of the Parties.
7. The United Nations, its specialized agencies, andthe International Atomic Energy Agency, as wellas any State member thereof or observers thereto
not party to the Convention, may be represented atsessions of Meeting of the Parties as observers. Any
body or agency, whether national or international,
governmental or non-governmental, which is qualified in matters covered by this Agreement and which
has informed the secretariat of its wish to be represented at a session of the Meeting of the Parties as
an observer, may be so admitted unless at least one
third of the Parties present object. The admission andparticipation of observers shall be subject to the rulesof procedure, as referred to in paragraph 4 above.

Scientific and Technological Advice and the Subsidiary Body for Implementation of this Agreement.
The provisions relating to the functioning of these
two bodies under the Convention shall apply mutatis
mutandis to this Agreement. Sessions of the meetingsof the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Agreement shall be held in conjunction
with the meetings of, respectively, the Subsidiary
Body for Scientific and Technological Advice andthe Subsidiary Body for Implementation of theConvention.
2. Except as otherwise provided for in Article
21 (Non-Parties), Parties to the Convention thatare not Parties to this Agreement may participate as
observers in the proceedings of any session of thesubsidiary bodies. When the subsidiary bodies serveas the subsidiary bodies of this Agreement, decisions
under this Agreement shall be taken only by thosethat are Parties to this Agreement.
3. When the subsidiary bodies established by Articles 9
and 10 of the Convention exercise their functions withregard to matters concerning this Agreement, any
member of the Bureaux of those subsidiary bodies
representing a Party to the Convention but, at thattime, not a Party to this Agreement, shall be replacedby an additional member to be elected by and fromamongst the Parties to this Agreement.

Article 13: Secretariat

Article 15: Settlement of Disputes

1. The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Agreement.

The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to thisAgreement.

2. Article 8, paragraph 2, of the Convention on thefunctions of the secretariat, and Article 8, paragraph
3, of the Convention on arrangements made for thefunctioning of the secretariat, shall apply mutatis
mutandis to this Agreement. The secretariat shall, in
addition, exercise the functions assigned to it under
this Agreement.

Article 14: Subsidiary Bodies
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

52 |ACT 2015

Article 16: Amendments to the Agreement
1. Any Party may propose amendments to thisAgreement.
2. Amendments to this Agreement shall be adopted atan ordinary session of the Meeting of the Parties. The
text of any proposed amendment to this Agreement
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.

Getting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

3. The Parties shall make every effort to reachagreement on any proposed amendment to thisAgreement by consensus. If all efforts at consensus
have been exhausted, and no agreement reached,
the amendment shall as a last resort be adopted bya 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 fortheir 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 ofreceipt by the Depositary of an instrument of
acceptance by at least three fourths of the Parties
to this Agreement.
5. The amendment shall enter into force for any otherParty on the ninetieth day after the date on which that
Party deposits with the Depositary its instrument of
acceptance of the said amendment.
6. The provisions of this Article are without
prejudice to the provisions of Article 3(Mitigation), paragraph 6, and Article 4(Adaptation and Loss and Damage),paragraph 5.

Article 17: Adoption and Amendmentsof Annexes
1. Annexes to this Agreement shall form an integral part
thereof and, unless otherwise expressly provided, areference to this Agreement constitutes at the sametime a reference to any annexes thereto. Any annexes
adopted after the entry into force of this Agreement
shall be restricted to lists, forms, and any othermaterial of a descriptive nature that is of a scientific,
technical, procedural, or administrative character.
2. Annexes to this Agreement and amendments toannexes to this Agreement shall be proposed andadopted in accordance with the procedure set forth in
Article 16 (Amendments to the Agreement), paragraphs 1, 2, and 3.
3. An annex or amendment to an annex that has been
adopted in accordance with paragraph 2 above shallenter into force for all Parties six months after thedate 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, withinthat period of their non-acceptance of the annex oramendment to the annex. The annex or amendment
to an annex shall enter into force for Parties whichwithdraw their notification of non-acceptance on theninetieth day after the date on which withdrawal ofsuch notification has been received by the Depositary.

Article 18: Right to Vote
1. Each Party shall have one vote, except as provided forin paragraphs 2 and 3 below.
2. Regional economic integration organizations, in matters within their competence, shall exercise their rightto vote with a number of votes equal to the numberof their member States that are Parties to this Agreement. Such an organization shall not exercise its rightto vote if any of its member States exercises its right,
and vice versa.
3. Any Party that does not prepare, regularly
update, and implement mitigation commitments in accordance with Article 3(Mitigation) shall not be entitled to exercise
its right to vote and shall lose such otherrights and privileges as may be determinedby the Meeting of the Parties.

Article 19: Signature, Ratification,
Acceptance, Approval, or Accession
1. This Agreement shall be open for signature andsubject to ratification, acceptance or approvalby States and regional economic integration
organizations which are Parties to the Convention
and have mitigation commitments inscribedin the list referred to in Article 3 (Mitigation),paragraph 2. It shall be open for signature at United
Nations Headquarters in New York from [day month]2016 to [day month] 2017. This Agreement shallbe open for accession from the day after the dateon which it is closed for signature. Instruments ofratification, acceptance, approval, or accession shallbe deposited with the Depositary.
2. Any regional economic integration organization whichbecomes a Party to this Agreement, without any of its
member States being a Party, shall be bound by all the

WORKING PAPER | May 2015 | 53

obligations under this Agreement. In the case of suchorganizations, one or more of whose member States
is a Party to this Agreement, the organization and its
member States shall decide on their respective responsibilities for the performance of their obligations
under this Agreement. In such cases, the organizationand the member States shall not be entitled to exercise
rights under this Agreement concurrently.
3. In their instruments of ratification, acceptance,
approval, or accession, regional economic integration organizations shall declare the extent of theircompetence with respect to the matters governed bythis Agreement. These organizations shall also informthe Depositary, who shall in turn inform the Parties,of any substantial modification in the extent of theircompetence.

Article 20: Entry into Force
1. This Agreement shall enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance,
approval or accession by a Party to the Convention with mitigation commitments inscribedin the list referred to in Article 3 (Mitigation),paragraph 2.
2. For each State or regional economic integration
organization that ratifies, accepts, or approves thisAgreement or accedes thereto after the deposit of
the fiftieth instrument of ratification, acceptance,
approval, or accession, the Agreement shall enter into
force on the ninetieth day after the date of depositby such State or regional economic integration
organization of its instrument of ratification,
acceptance, approval, or accession, provided that
the State or regional economic integration
organization has current mitigationcommitments inscribed in the list referred
to in Article 3 (Mitigation), paragraph 2.
States and regional economic integration
organizations may avail themselves of theprocedure in Article 3 (Mitigation), paragraph
6, applied mutatis mutandis, to inscribe their
mitigation commitments in the list referred toin Article 3 (Mitigation), paragraph 2.
3. For the purposes of this Article, any instrument deposited by a regional economic integration organization
shall not be counted as additional to those depositedby States members of the organization.

54 |ACT 2015

Article 21: Non-Parties
Any Party to the Convention that is not a Party to thisAgreement but is in full compliance with Articles 3, 4, 6, 7,
8, 9, and 10, as determined by the Meeting of the Parties,
shall be entitled to participate fully in the proceedings of the
Meeting of the Parties and all open-ended subsidiary bodies, and shall enjoy such other rights and privileges, withthe exception of the right to vote, as may be determined by
the Meeting of the Parties, for as long as it continues to be
in full compliance with the aforementioned Articles.

Article 22: Reservations
No reservations may be made to this Agreement.

Article 23: Withdrawal
1. At any time after three years from the date on which
this Agreement has entered into force for a Party,
that Party may withdraw from this Agreement bygiving written notification to the Depositary. Anysuch withdrawal shall take effect upon expiryof the mitigation commitments the Party had
under this Agreement at the time of the written
notification of withdrawal and after having discharged itself from all duties connected to thesecommitments, or on such later date as may be
specified in the notification of withdrawal.
2. Subject to paragraph 1 above, any Party thatwithdraws from the Convention shall be consideredas also having withdrawn from this Agreement.

Article 24: Depositary
The Secretary-General of the United Nations shall be the
Depositary of this Agreement.

Article 25: Authentic texts
The original of this Agreement, of which the Arabic,
Chinese, English, French, Russian, and Spanish texts areequally authentic, shall be deposited with the Depositary.
DONE at Paris this [day] day of December, two thousand
and fifteen.
IN WITNESS WHEREOF the undersigned, being duly
authorized to that effect, have affixed their signatures tothis Agreement on the dates indicated.

Getting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

BIBLIOGRAPHY
References

ACT 2015 Publications

Bodansky, D. 2012. “The Durban Platform: Issues and Options for a 2015
Agreement.” Arlington, VA: Center for Climate and Energy Solutions.

Dagnet, Y., T. Fei, C. Elliott, Y. Qiu, K. DeAngelis. 2014. “Improving
Transparency and Accountability in the Post-2020 Climate Regime: A Fair
Way Forward.” Washington, D.C.: Agreement for Climate Transformation
2015 (ACT 2015). Working Paper. Available online at: www.wri.org/ourwork/project/act-2015/publications.

Bodansky, D. and E. Diringer. 2014. “Building Flexibility and Ambition intoa 2015 Climate Agreement.” Arlington, VA: Center for Climate and Energy
Solutions.
Green Climate Fund (GCF). 2014. Decisions of the Board: Eighth Meeting of
the Board, 14-17 October 2014. Annex XIX. Available online at:
http://www.gcfund.org/fileadmin/00_customer/documents/MOB201410-8th/
GCF_B.08_45_Compendium_fin_20141203.pdf.
Global Commission on the Economy and the Climate. 2014. “Better Growth,Better Climate.” Available online at: http://newclimateeconomy.report/wpcontent/uploads/2014/08/NCE_GlobalReport.pdf.
Intergovernmental Panel on Climate Change (IPCC). 2014. “Climate Change
2014: Synthesis Report.” Contribution of Working Groups I, II and III to theFifth Assessment Report of the Intergovernmental Panel on Climate Change.
Pachauri, R.K. and L.A. Meyer (eds.) Geneva, Switzerland: IPCC:151 pp.
Available online at: https://www.ipcc.ch/pdf/assessment-report/ar5/syr/SYR_AR5_FINAL_full.pdf.

Den Elzen, M., A. Admiraal, A. Hof, N. Höhne, H. Fekete, J. Larkin, J. A.
Garibaldi. 2014. “Three Propositions for a 2015 International Climate
Agreement.” Washington, D.C.: Agreement for Climate Transformation 2015
(ACT 2015). Available online at: http://act2015.org/ACT2015_analysis-ofthe-three-propositions_draft.pdf.
Gallagher, L. 2014. “Aligning the Financial Ecosystem to Address Climate
Change.” Washington, D.C.: Agreement for Climate Transformation 2015
(ACT 2015). Working Paper. Available online at: www.wri.org/our-work/
project/act-2015/publications.
Gallagher, L. 2014. “Political Economy of the Paris Climate Agreement.”
Washington, D.C.: Agreement for Climate Transformation 2015 (ACT2015). Available online at: http://act2015.org/ACT_2015_FINAL_Political_
Framing.pdf.

United Nations Environment Programme (UNEP). 2014. “The Emissions
Gap Report 2014.” Nairobi: UNEP. Available online at: http://www.unep.org/
publications/ebooks/emissionsgapreport2014/portals/50268/pdf/EGR2014_
LOWRES.pdf.

Garibaldi, J. A., G. Arias, M. T. Szauer, M. T. 2014. “Enhancing Bold
Collective Action: A Variable Geometry and Incentives Regime.”
Washington, D.C.: Agreement for Climate Transformation 2015 (ACT 2015).
Working Paper. Available online at: www.wri.org/our-work/project/act-2015/
publications.

United Nations Framework Convention on Climate Change (UNFCCC). 2010.
Decision 1/CP.16. The Cancun Agreements: Outcome of the work of the Ad
Hoc Working Group on Long-term Cooperative Action under the Convention.
Available online at: http://unfccc.int/resource/docs/2010/cop16/eng/07a01.pdf.

Höhne, N., L. Li, J. Larkin. 2014. “Characteristics of Mitigation
Commitments.” Washington, D.C.: Agreement for Climate Transformation
2015 (ACT 2015). Working Paper. Available online at: www.wri.org/ourwork/project/act-2015/publications.

UNFCCC. 2011. Decision 1/CP.17. Establishment of an Ad Hoc Working
Group on the Durban Platform for Enhanced Action. Available online at:
http://unfccc.int/resource/docs/2011/cop17/eng/09a01.pdf#page=2.

La Viña, A. G. M., C. T. T. Guiao. 2014. “The 2015 Climate Agreement:
Concepts and Considerations on Legal Architecture.” Washington, D.C.:
Agreement for Climate Transformation 2015 (ACT 2015). Working Paper.
Available online at: www.wri.org/our-work/project/act-2015/publications.

UNFCCC. 2011. Decision 2/CP.17. Outcome of the work of the Ad Hoc
Working Group on Long-term Cooperative Action under the Convention.
Available online at: http://unfccc.int/resource/docs/2011/cop17/eng/09a01.
pdf#page=4.
UNFCCC. 2011. Decision 3/CP.17. Launching the Green Climate Fund.
Available online at: http://unfccc.int/resource/docs/2011/cop17/eng/09a01.
pdf#page=55.
UNFCCC. 2012. FCCC/SBSTA/2012/MISC.20. Information relevant toemissions from fuel used for international aviation and maritime transport.
Submissions from international organizations. Available online at:
http://unfccc.int/resource/docs/2012/sbsta/eng/misc20.pdf.

Morgan, J., Y. Dagnet, D. Tirpak. 2014a. “Elements and Ideas for the 2015
Paris Agreement.” Washington, D.C.: Agreement for Climate Transformation2014 (ACT 2015). Working Paper. Available online at: http://www.wri.org/
sites/default/files/uploads/ACT_Elements_Ideas_final_web.pdf.
Morgan, J., Y. Dagnet, N. Höhne, S. Oberthür, L. Li. 2014b. “Race to the
Top: Driving Ambition in the Post-2020 International Climate Agreement.”
Washington, D.C.: Agreement for Climate Transformation 2015 (ACT 2015).
Working Paper. Available online at: www.wri.org/our-work/project/act-2015/
publications.

United Nations. 1992. United Nations Framework Convention on Climate
Change, May 9, 1992, S. Treaty Doc No. 102-38, 1771 U.N.T.S. 107.
New York: UN. Available online at: http://unfccc.int/resource/docs/convkp/
conveng.pdf.

WORKING PAPER | May 2015 | 55

Oberthür, S. 2014. “Options for a Compliance Mechanism in a 2015 Climate
Agreement.” Washington, D.C.: Agreement for Climate Transformation 2015
(ACT 2015). Working Paper. Available online at: www.wri.org/our-work/
project/act-2015/publications.
Okereke, C., B. Prajwal, Y. Dagnet. 2014. “Adaptation and Loss andDamage in a 2015 Agreement.” Washington, D.C.: Agreement for Climate
Transformation 2015 (ACT 2015). Working Paper. Available online at:www.wri.org/our-work/project/act-2015/publications.
Waskow, D., P. Joffe. Forthcoming. “Equity in a 2015 Climate Agreement.”
Washington, D.C.: Agreement for Climate Transformation 2015 (ACT 2015).
Working Paper. Available online at: www.wri.org/our-work/project/act-2015/
publications.

56 |ACT 2015

Getting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

ENDNOTES
1. The ACT 2015 consortium is a group of the world’s top climate experts
and institutions from developing and developed countries: Ateneo
School of Government, the Philippines; E3G (Third Generation Environmentalism), the U.K.; Ecofys, Germany; Energeia, Latin America;
Institute for European Studies, Vrije Universiteit Brussel, Belgium; PBL
Netherlands Environmental Assessment Agency, the Netherlands; New
Climate Institute, Germany; Tsinghua University, China; and the World
Resources Institute, Global.
2. United Nations Framework Convention on Climate Change (UNFCCC).
2011. Decision 1/CP.17, Establishment of an Ad Hoc Working Groupon the Durban Platform for Enhanced Action, para. 2.
3. Morgan, J. Y. Dagnet, D. Tirpak. 2014a. “Elements and Ideas for the2015 Paris Agreement.” Washington, D.C.: Agreement for Climate
Transformation 2014 (ACT 2015). Working Paper.
4. Phase out of net greenhouse gas emissions means that anthropogenic
emissions of greenhouse gases into the atmosphere decrease to alevel equal to or smaller than anthropogenic removals of greenhousegases from the atmosphere. This would require that emissions fromenergy, industry, agriculture, forestry, and waste are reduced to a bareminimum and compensated by emission removals from for example
forest growth and carbon capture and storage (CCS).
5. Morgan, J., Y. Dagnet, N. Höhne, S. Oberthür., L. Li. 2014b. “Race tothe Top: Driving Ambition in the Post-2020 International Climate
Agreement.” Washington, D.C.: Agreement for Climate Transformation
2015 (ACT 2015). Working Paper, page 2.
6. United Nations (UN). 1992. “United Nations Framework Convention on
Climate Change,” UNFCCC, Article 3 (1).
7. UNFCCC. 2011. Decision 2/CP.17, Outcome of the work of the Ad
Hoc Working Group on Long-term Cooperative Action under theConvention, page 2.
8. On backsliding. See Morgan, J. et al. 2014a, page 4.
9. Morgan, J. et al. 2014a, page 3.
10. Morgan, J. et al. 2014a, page 13.
11. Ibid.
12. The Implementation Mechanism will facilitate and promote not only
submissions containing mitigation actions, but also other efforts on
adaptation, and more broadly, the fulfillment of the requirements under
this agreement, including transparency and accountability requirements.
13. UNFCCC. 2011. Decision 2/CP.17, page 17.
14. UNFCCC. 2011. Decision 1/CP.18, page 9.
15. Morgan, J. et al. 2014a, page 12.
16. Okereke, C., P. Baral, Y. Dagnet. 2014. “Options for Adaptation and
Loss and Damage in a 2015 Climate Agreement.” Washington, DC:
Agreement for Climate Transformation 2015 (ACT 2015). Working
paper, page 12.
17. UNFCCC. 2010. Decision 1/CP.16, “The Cancun Agreements: Outcomeof the work of the Ad Hoc Working Group on Long-term Cooperative
Action under the Convention,” page 5.
18. Morgan, J. et al. 2014a, page 16.
19. Morgan, J. et al. 2014a, page 18.

20. Morgan, J. et al. 2014a, page 19.
21. UNFCCC. 2010. Decision 1/CP.16, page 5.
22. Garibaldi, J. A., G. Arias, M. T. Szauer. 2014, pages 4, 6-11.
23. UNFCCC. 2010. Decision 1/CP.16, page 16.
24. Morgan, J. et al. 2014a, pages 23-24.
25. UN. 1992, Article 4 (3).
26. Morgan, J. et al. 2014a, page 25.
27. Ibid.
28. Morgan, J. et al. 2014a, page 26.
29. UNFCCC. 2011. Decision 3/CP.17, Launching the Green Climate Fund,
page 62.
30. Green Climate Fund (GCF). 2014. Decisions of the Board: Eighth
Meeting of the Board, 14-17 October 2014... Annex XIX, page 100.
31. UNFCCC. 2010. Decision 1/CP.16, page 18.
32. Morgan, J. et al. 2014a, page 26.
33. UNFCCC. 2012. FCCC/SBSTA/2012/MISC.20. Information relevant
to emissions from fuel used for international aviation and maritime
transport. Submissions from international organizations.
34. Morgan, J. et al. 2014a, page 30.
35. Ibid.
36. UNFCCC. 2010. Decision 1/CP.16.
37. Morgan, J. et al. 2014a, page 27.
38. Morgan, J. et al. 2014a, page 28.
39. Morgan, J. et al. 2014a, page 27.
40. Morgan, J. et al. 2014a, page 33.
41. UNFCCC. 2011. Decision 1/CP.17.
42. Dagnet, Y., T. Fei, C. Elliott, Y. Qiu. 2014. “Improving Transparency andAccountability in the Post-2020 Climate Regime: A Fair Way Forward.”
Washington, D.C.: Agreement for Climate Transformation 2015 (ACT2015). Working Paper, page 6.
43. Parties are required to revise the reporting guidelines for the Biennial
Reports and Biennial Update Reports, as well as ICA and IAR in 2016
and 2017 (see UNFCCC. 2011. 1/CP.17).
44. Morgan, J. et al. 2014a, page 32.
45. The current MRV system does not envisage the participation of nonState actors in the multilateral assessment and consultation process,which is a shortcoming that the consortium suggests should be
addressed in the future regime.
46. Gallagher, L. 2014. “Political Economy of the Paris Climate Agreement.”
Agreement for Climate Transformation 2015 (ACT 2015), page 4.
47. Gallagher, L. 2014, page 6.
48. Oberthür, S. 2014. “Options for a Compliance Mechanism in a 2015
Climate Agreement.” Washington, D.C.: Agreement for Climate
Transformation 2015 (ACT 2015). Working Paper, page 4.
49. Oberthür, S. 2014, page 6.

WORKING PAPER | May 2015 | 57

ACKNOWLEDGMENTS
We are grateful to all those who have taken the time over the past year
to engage in the ACT 2015 process, whether as convening participants
and/or reviewers, and we look forward to further inputs to improveand refine our ideas.
In particular, we would like to thank the following individuals fortheir contributions to this publication: Pankaj Bhatia, Daryl Ditz, Paul
Joffe, Melisa Krnjaic, Kelly Levin, Lavanya Rajamani, Céline Ramstein,Thomas Spencer, Pieter Terpstra, Emily Matthews, Jenna Park, andCarni Klirs.

ABOUT THE INSTITUTION(S):WRI is a global research organization that works closely with leaders
to turn big ideas into action to sustain a healthy environment—thefoundation of economic opportunity and human well-being.
The Ateneo de Manila University (AdMU) is a private teaching andresearch university in the Philippines. The Ateneo School of Government(ASoG) is a unit of the Ateneo de Manila University that serves as
a professional school for leadership and public service. The School
creates an environment that fosters the development of new ideas andapproaches, and makes possible a learning process that bridges the gap
between classroom wisdom and real-world policy decision-making
and government.
The Institute for European Studies (IES) at the Vrije Universiteit Brussel(VUB) is an academic Jean Monnet Centre of Excellence and a policy
think tank that focuses on the European Union in an internationalsetting. The Institute advances academic education and research invarious disciplines, and provides services to policy-makers, scholars,
stakeholders and the general public.

Antonio G.M. La Viña, JSD, is the Dean of the Ateneo de Manila
University School of Government. An international environmental lawyer,
he is a senior policy expert and a veteran negotiator for the Philippines in
the United Nations Framework Convention on Climate Change negotiations.
He previously served as Undersecretary of the Department of Environment
and Natural Resources in the Philippines, and teaches at the University of
the Philippines, Ateneo de Manila University, De La Salle University,
Xavier University, and Lyceum of the Philippines.
Contact: tonylavs@gmail.com

Contributing Authors
Gilberto Arias
Amal-Lee Amin
Yamide Dagnet
Cynthia Elliott
Jose Alberto Garibaldi
Liz Gallagher
Therese Guiao
Heather McGray
Eliza Northrop
Railla Puno
Ernesto Roessing Neto
Joe Thwaites
Dennis Tirpak
David Waskow

About the Authors
Sebastian Oberthür is the Academic Director of the Institute forEuropean Studies (IES) at the Vrije Universiteit Brussel (VUB). He has
published widely on issues of international and European environmental
and climate governance.
Contact: Sebastian.Oberthuer@vub.ac.beJennifer Morgan is Director of the Climate Program at WRI. Her work
focuses on international and national policy development and adoption.
Contact: jmorgan@wri.org

58 |ACT 2015

World Resources InstituteAteneo School of Government
Institute for European Studies,
Vrije Universiteit Brussel
World Resources InstituteWorld Resources InstituteWorld Resources Institute

Other Experts Who Provided Input to the Paper
Annemiek Admiraal

AUTHORS

Energeia
E3G
World Resources InstituteWorld Resources Institute
Energeia
E3G
Ateneo School of Government
World Resources Institute

Camilla Born
Michel den Elzen
Teng Fei
Niklas Höhne
Marcela Jaramillo
Julia Larkin
Chukwumerije Okereke

PBL Netherlands Environmental
Assessment Agency
E3G
PBL Netherlands Environmental
Assessment Agency
Tsinghua University
New Climate InstituteE3G
Ecofys
University of ReadingGetting Specific on the 2015 Climate Change Agreement : Suggestions for the Legal Text with an Explanatory Memorandum

ABOUT ACT 2015
The Agreement on Climate Transformation 2015 (ACT 2015) consortium
is a group of the world’s top climate experts from developing anddeveloped countries that have come together to catalyze discussion andbuild momentum toward reaching a global climate agreement at theforthcoming UN Framework Convention on Climate Change (UNFCCC)
summit in 2015.
This document has been produced with the financial assistance of
the European Union. The contents of this document are the sole
responsibility of ACT 2015 and can under no circumstances be
regarded as reflecting the position of the European Union.

LIST OF PARTNERS
Ateneo School of Government (The Philippines)
E3G (Third Generation Environmentalism) (United Kingdom)
Ecofys (Germany)
Energeia
Institute for European Studies – Vrije Universiteit Brussel (Belgium)
New Climate Institute
PBL Netherlands Environmental Assessment Agency (The Netherlands)
Tsinghua University (China)
World Resources Institute
Youba Sokona

WORKING PAPER | May 2015 | 59

ACT 2015 IS FUNDED BY:

Copyright 2015 ACT 2015. This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivative
Works 3.0 License. To view a copy of the license, visit http://creativecommons.org/licenses/by-nc-nd/3.0/

ACT 2015