Proposal for a Council Decision concerning the Signature by the European Community of a Protocol to the United Nations Framework Convention on Climate Change
Date: 1998-02-23
Institutions: European Commission
Subjects: EU environmental policy, Protocol (EU), UN convention, climate change, greenhouse gas

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.02.1998 
COM(1998) 96  final 

Proposal for a 

COUNCIL DECISION 

concerning the Signature by the European Community of a Protocol to the United Nations 
Framework Convention on Climate Change 

(presented by the Commission) 

Rxplanatory Memorandum 

On  4 February  1991 the Council authorized the Commission to participate on behalf 
of the Community in the-negotiations of a Convention on Climate Change and any 
related Protocols . 

The United Nations Framework Convention on Climate Change  wassigned  bythe 
Community and all its Member States in June 1992 and was ratified by the 
Community pursuant to a Decision of 15 December 1993  . 

The first meeting of the Conference of the Parties took place in Berlin from 28 March 
to 7 April  1995 and agreed to begin a process to enable it to take appropriate action 
for the period beyond 2000, including the strengthening of the commitments of the 
Parties in Annex 1 of thc Climate Change Convention through the adoption of a 
Protocol or othcr legal instrument. An open-ended ad hoc group of Parties was 
cstablished there to rcport to the second session of the Conference of the Parties on 
the status of the process. 

That Ad Hoc Group on the so-called Berlin Mandate met on eight occasions. 
Negotiations for matters within Community competence were conducted in 
accordance with the negotiating directives set out by the Council on  4 February 1991 
3 and the successive Council conclusions on climate change, the most recent of which 
were adopted by the Environment Councils of 3 March, 19 June and 16 October 1997. 
The Conference of the Parties which was held from 1 to 10 December in Kyoto, 
Japan, finally adopted the Protocol. 

Although the Protocol as finally adopted is less ambitious than the European Union 
negotiating objectives, the outcome of the negotiations is positive for the global 
environment, consistent with Community law and compatible with the above 
mentioned Council conclusions. The Community should exercise its leadership role 
also with respcct to the signature. Thcrefore, it is in the Community's intcrcst to bc 
able to sign the Protocol as soon as possible after the opening for signature on 16 
March  1998 in Ncw York. The Protocol will rcmain open for signaturc until  15 March 
1999.  As to sebsequent steps, the Protocol is subject to ratification, acceptance or 
approval by the Parties to the Convention. A proposal for a Council decision on 
conclusion will be submitted by the Commission in due course.  Given public 
statements of position by other key partners, it is already clear that global 
implementation depends on making further progress in the year ahead, not least on 
issues such as joint implementation, the conditions for emissions trading and the role 
of developing countries.  The Commission will make proposals as appropriate in due 
course. 

It is therefore requested that the Council decides on the signature of the Protocol to 
the Climate Change Convention and authorizes the President of the Council to 
designate the persons empowered to sign jt. 

• 

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1  DOC 4446/91 ENV 34 ENER 4 
2OJ  L  33, 7.2.94,  p l l. 
3  DOC 4446/91 ENV 34 ENER 4 

Z 

Proposal  for a Coundl  Dccision 

conccrsiiiiK thesignaturc foy the Europcan  (ommtiiiity  of a  Protocol 
to the  United  Nations  Framework  Convention on Climatc  Change 

THE COUNCIL OF THE EUROPEAN UNION 

Having regard to the Treaty establishing the European Community, 

1 laving regard to the proposal  from the Commission, 

Whereas the Community  is a Party to the United Nations Framework Convention on 
Climatc Change; 

Whereas the Commission  has participated on behalf of the Community,  in accordance 
with the negotialing directives given by the Council  on 4 February  1991, and in line 
with successive Council  conclusions on climatc change, in the Ad  Hoc (ïroup on the 
Berlin Mandate eslablished by the First Confcrcncc of the  Parties of that Convention 
on 7 April  1995 for the purpose of taking appropriate action for the period beyond 
2000; 

Whereas a Prolocol  has bcen adopted at the Conference of the Parties of the United 
Nations  Framework  Convention on Climate Change held at Kyoto from  1  to  10 
Deeember  1997; 

Whereas the Prolocol aims to rcducc emissions of grecnhouse gases and thus 
contributes to the achievement of the objcctives of the Community  environment 
policy  ; 

Whereas it is therefore appropriate for the Community to sign this Protocol, 

HAS DEC1DED AS FOILOWS: 

SOLE ARTJCLE 
The President of the Council  is hcrcby authorised to designate the persons empowered 
to sign the Protocol  to the Climate Change Convention adopted on  10 Deeember 
1997 at Kyoto, Japan, on behalf of the Community. 

Done at Brusscls, 

For the Council 
The President 

3 

UNITED 

yg  NATIONS 

Framcworktonvcntion 
011 Climate Change 

Subject to technical revision 

CONFERENCE OF THE PARTIES 
Third session 
Kyoto, 1-10 December 1997 
Agenda item 5 

Distr. 
LIM1TED 

FCCC/CP/1997/L.7/Add.l 
lODecember 1997 

Original:  ENGLISH 

UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE 

c  KYOTO PROTOCOL TO THE 

The  Parties to this Protocol, 

Being Parties to the United Nations Framework Convention on Climate Change, 

hereinafter referred to as "the Convention", 

In pursuit of the ultimate objective of the Convention as stated in its Article 2, 

Recalling the provisions of the Convention, 

Being guidcd'by Article 3 of the Convention, 

Pursuant to the Bcrlin Mandate adopted by decision  1/CP.l of the 

Conference  of  the  Parties to the Convention at its lirst session, 

I Iave agrced as follows: 

Article 1 

For the purposes of this Protocol, the defmitions contained in Article  1 of the Convention 

shallapply.  Inaddition: 

1. 

'Conference of the Parties" means the Conference of the Parties to the Convention. 

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FCCGOV? 9WL.7/Add. I 
EngHsh 
Page 2 

"Convcntion" mcans thc United Nalions Framcwork Convention on Climate Change, 

2. 
adopted in New York on 9 May 1992. 

"Intergovernmental Panel on Climate Change" means the Intergovemmental Panel on 

3. 
Climate Change established in 1988 jointly by the Worid Meteorological Organization and the 
United Nations Environment Programme. 

4. 
"Montreal Protocol" means the Montreal Protocol on Substances that Deplete the Ozone 
Layer,  adopted in Montreal on  16 September 1987 and as subsequently adjusted and amended. 

"Parties present and voting" means Parties present and casting an affirmative  or negative 

5. 
vote. 

6. 

"Party" means, unless the context otherwise indicates, a Party to this Protocol. 

"Party included in Anncx I" means a Party included in Annex I to thc Convention, as 

7. 
may be amended, or a Party which has made a notification  under Article 4, paragraph 2(g), of the 
Convention. 

Article 2 

Each Party included in Annex I in achieving its quantified emission limitation and 

1. 
reduction commitments under Article 3, in order to promote sustainable development, shall: 

(a) 

Implement and/or further elaborate policies and measures in accordance with its 

national circumstances, such as: 

(i) 

(ii) 

(iii) 

(iv) 

Enhanccment of energy ctilcicncy in relevant sectors of the national 
cconomy; 

Protcction and enhancement of sinks and reservoirs of greenhouse gases 
not controlled by the Montreal Protocol, taking into account its 
commitments under relevant international environmental agreements; 
promotion of sustainable forest management practices, afforestation  and -
reforestation; 

Promotion of sustainable forms of agriculture in light of climate change 
considerations; 

Promotion, research, development and increased use of new and 
renewable forms of energy, of carbon dioxide sequestration technologies 
and of advanced and innovative environmentally sound technologies; 

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English 
Page 3 

(v) 

Progressivc rcduction or phasing out of markct impcrfections, fiscal 
inccntives, tax and duty exemptions and subsidies in all greenhousc gas 
emitting sectors tliat run counter to the objective of the Convention and 
apply market instruments; 

(vi) 

Encouragement of appropriate reforms in relevant sectors aimed at 
promoting policies and measures which limit or reduce emissions of 
greenhouse gases not controlled by the Montreal Protocol; 

(vii)  Measures to limit and/or reduce emissions of greenhouse gases not 
controlled by the Montreal Protocol in the transport sector; 

(viii)  Limitation and/or reduction of methane thrOugh recovery and use in waste 

management, as well as in the production, transport and distribution of 
energy; 

(b) 

Cooperatc with other such Parties to enliance the individual and combined 

effectiveness  of their policies and measures adopted under this Article, pursuant to Article 4, 
paragraph 2(e)(i), of the Convention.  To this end, these Parties shall take steps to share their 
cxperience and exchange information on such policies and measures, including developing ways 
of improving their comparability, transparency and effectiveness.  The Conference of the Parties 
serving as the meeting of the Parties to this Protocol shall, at its first session or as soon as 
practicable thereafter, consider ways to facilitate such cooperation, taking into account all 
relevant  information. 

2. 
The Parties included  in Annex I shall pursue limitation or reduction of emissions of 
greenhouse gases not controlled by the Montreal Protocol from aviation and marine bunker fucls, 
working through the Inlernalional Civil Aviation Organizalion and the Intcrnational Maritime 
Organizalion, respcctively. 

Thc Parties included in Annex 1 shall strivc to implement policies and mcasurcs under 

3. 
this Article in such a way as to minimizc adverse elTecls, including the adverse eiYects of climatc 
change, elTccls on international tradc, and social, cnvironmental and economic impacts on otlier 
Parties, especiaily developing country Parties and in particular those identified in Article 4, 
paragraphs 8 and 9 of the Convention, taking into account Article 3 of the Convention. The 
Conference  of the Parties serving as the meeting of the Parties to this Protocol may take  further 
action, as appropriate, to promote the implementation of the provisions of this paragraph. 

The Conference of the Parties serving as the meeting of the Parties to this Protocol, if it 

4. 
decides that it would be beneticial to coordinate any of the policies and measures in 
paragraph  1(a) above, taking into account different national circumstances and potential  effects, 
shall consider ways and means to elaborate the coordination of such policies and measures. 

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FCCC/CP/1997/L.7/Add.l 
Hnglish 
Pagc 4 

Articlc 3 

1. 
The Partics includcd in Annex 1  shall, individually or jointly, cnsurc tliat tlieir aggregatc 
anthropogenic carbon dioxide equivaient emissions of the greenhouse gases listed in Annex A do 
not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and 
reduction commitments inscribed in Annex B and in accordance with the provisions of this 
Article, with a view to reducing their overall emissions of such gases by at least 5 per cent below 
1990 levels in the commitment period 2008 to 2012. 

Each Party included in Annex I shall, by 2005, have made demonstrable progress in 

2. 
achieving its commitments under this Protocol. 

~~ . 

The net changes in greenhouse gas emissions from sources and removals by sinks 

3. 
rcsulting from direct human-induced land use changcf andjforestry  activitiesCJimited to 
afforestalion,  rcforcslation, and dcforestation sincc 1990, measured as verittablc changes in 
stocks in each commitmcnf period shall be used lo mcct Uie commilments in this Article of each 
Party included in Anncx I. The greenhouse gas emissions from sources and removals by sinks 
associated wilh thosc activities shall be reported in a transparent and verifiable manner and 
reviewcd in accordancc with Articles 7 and 8. 

4. 
Prior to the first session of the Conference of the Parties serving as the meeting of the 
Parties to this Protocol, each Party included in Annex I shall provide for consideration by the 
Subsidiary Body for Scientific and Technological Advice data to establish its level of carbon 
stocks in 1990 and to enable an estimate to be made of its changes in carbon stocks in subsequent 
years.  The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, 
at its first session or as soon as practicable thereafter, decide upon modalities, rules and 
guidelines as to how and which additional human-induced activities related to changes in 
greenhouse gas emissions and removals in the agricultural soil and land use change and forestry 
categories, shall be added to, or subtracted from, the assigned amount for Parties included in 
Anncx 1, laking into account uncertainties, transparency in reporting, verifiability, the 
methodological work of the Intergovernmental Panel on Climate Change, the advice provided by 
the Subsidiary  Body for Scientific and Technological Advice in accordance with Article 5 and 
thc decisions of the Conference of the Parties. Such a decision shall apply in the second and 
subsequent commitment periods.  A Party may choose to apply such a decision on these 
addilional human-induced activities for its first commitment period, provided that these activities 
havc takcn place since 1990. 

The Parties included in Annex I undergoing the process of transition to a market 
5. 
economy whose base year or period was established pursuant to decision 9/CP.2 of the 
Conference  of the Parties at its second session, shall use that base year or period for the 
implementation of their commitments under this Article.  Any other Party included in 
Annex I undergoing the process of transition to a market economy which has not yet submitted 
its first national communication under Article 12 of the Convention may also notify the 

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Page 5 

Confcrence  of the Parties serving as the meeting of the Parties to this Protocol  that it intends to 
use a historical base year or period other than 1990 for the implementation of its commitments 
under this Article.  The Conference of the Parties serving as the meeting of the Parties to this, 
Protocol shall decide on the acceptance ofsuch  notification. 

Taking into account Article 4, paragraph 6, of the Convention, in the implementation of 

6. 
their commitments under this Protocol other than those in this Article, a certain degree of 
flexibility  shall be allowed by the Conference of the Parties serving as the meeting of the Parties 
to this Protocol to the Parties included in Annex I undergoing the process of transition to a 
market economy. 

ln the lirst quantified emission limitation and reduction commitment period, from 

7. 
2008 to 2012, thc assigned amount for each Party included in Annex I shall be equal to the 
percentage inscribed for it in Annex B of its aggregate anthropogenic carbon dioxide equivalent 
emissions of the greenhouse gases listed in Annex A in 1990, or the base year or period 
dctermincd in accordance with paragraph 5 above, multiplied by five.  Those Parties included in 
Annex 1  for whom land use change and forestry constituted a net source of greenhouse gas 
emissions in  1990 shall include in their 1990 emissions base year or period the aggregate 
anthropogenic carbon dioxide equivalent emissions minus removals in 1990 from land use 
change for the purposes of calculating their assigned amount. 

8. 
Any Party included in Annex I may use 1995 as its base year for  hydrofluorocarbons, 
perfluorocarbons  and sulphur hexafluoride, for the purposes of the calculation referred to in 
paragraph 7 above. 

Commitments for subsequent periods for Parties included in Annex I shall be established 

9. 
in amendments to Annex B to this Protocol, which shall be adopted in accordance with the 
provisions of Article 20, paragraph 7.  The Confcrcnce of the Parties serving as the meeting of 
the Parties lo this Protocol shall iniliate the considcralion ofsuch  commitments al least seven 
ycars bcfore Ihe end of thc iirst commitment period mentioncd in paragraph 7 above. 

Any emission reduction units, or any part of an assigned amount, which a Party acquires 

10. 
from  another Party in accordance with the provisions of Article 6 and of Article  16 bis shall be 
added to the assigned amount for that Party. 

Any emission reduction units, or any part of an assigned amount, which a Party transfers 

11. 
to another Party in accordance with the provisions of Article 6 and of Article 16 bis shall be 
subtracted from the assigned amount for that Party. 

Any certified  emission reductions which a Party acquires from another Party in 

12. 
accordance with the provisions of Article 12 shall be added to the assigned amount for that Party. 

FCCC/CP/1997/l,.7/Add.l 
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Page 6 

If the emissions of a Party included in Annex I during a commitment period are less than 
13. 
ils assigncd amount under this Article, tliis diftercnce shall, on request of that Party, be added to 
the assigned amount for that Party for subsequent commitment periods. 

Each Party included in Annex I shall strive to implement the commitments mentioned in 

14. 
paragraph  1  above in such a way as to minimize adverse social, environmental and economic 
impacts on developing country Parties, particularly those identified in Article 4, paragraphs 8 and 
9, of the Convention.  In line with relevant decisions of the Conference of the Parties on the 
implcmcntation of tliosc paragraphs, the Confcrcncc of the Parties serving as the meeting of the 
Parties lo this Protocol shall, at its first session, consider what actions are necessary to minimize 
the adverse effects of climate change and/or the impacls of response measures on Parties referred 
to in those paragraphs.  Among the issues to be considered shall be'the establishment of funding, 
insurance and transfer of technology. 

Articlc4 

Any Parties included in Annex I that have agreed to jointly fiilfil their commitments 

1. 
under Article 3 shall be deemed to have met those commitments provided that their total 
combined aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases 
listed in Annex A do not exceed their assigned amounts calculated pursuant to their quantified 
emission limitation and reduction commitments inscribed in Annex B and in accordance with the 
provisions of Article 3.  The respective emission level allocated to each of the Parties to the 
agreement shall be set out in that agreement 

The Parties lo any such agreement shall notify  the secretariat of thc terms of thc 

2. 
agrecment on the datc of dcposit of their instrumenls of ratification, acceplance, approval or 
accession.  The secretariat shall in turn inform the Parlies and signatories to the Convention of the 
terms of the agreement. 

The agreement shall rcmain in operation for the duration of the commitment period 

3. 
speciiied  in Article 3, paragraph 7. 

4. 
If Parties acting jointly do so in the framework  of, and together with, a regional 
economic integration organization, any alteration in the composition of the organization  after 
adoption of this Protocol shall not affect  existing commitments under this Protocol.  Any 
alteration in the composition of the organization shall only apply for the purposes of those 
commitments under Article 3 that are adopted subsequent to that revision. 

5. 
In the event of failure by the Parties to such an agreement to achieve their total 
combined level of emission reductions, each Party to such an agreement shall be responsible for 
its own level of cmissions set out in the agreement. 

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Page7 

6. 
If Partics acting jointly do so in the framework  of, and togetlier witli, a regional 
cconomic intcgration organization which is itself a Parly lo this Protocol, cach member Statc of 
tliat regional economic integration organization individually, and together with the regional 
economic integration organization acting in accordance with Article 23, shall, in the event of 
failure to achieve the total combined level of emission reductions, be responsible for its level of 
emissions as notified  in accordance with this Article. 

Article 5 

Each Party included in Annex I shall have in place, no later than one year prior to the 

1. 
start of the first commitment period, a national system for the estimation of anthropogenic 
emissions by sources and removals by sinks of all greenhouse gases not controlled by the 
Montreal Protocol.  Guidelines for such national systems, which shall incorporate the 
methodologies specified  in paragraph 2 below, shall be decided upon by the Conference of the 
Parties serving as the meeting of the Parties to this Protocol at its first session. 

Methodologies for cstimating anthropogenic emissions by sources and removals by sinks 

2. 
of all greenhouse gases not controlled by the Montreal Protocol shall be those accepted by the 
Intergovcrnmental Panel on Climate Change and agreed upon by the Conference of the Parties at 
its third session.  Where such methodologies are nol used, appropriate adjustments shall be 
applied according to methodologics agrecd upon by thc Confercnce of the Parties serving as the 
mecting of thc Parlies lo this Protocol al ils first session.  Based on the work of,  inter alia, thc 
Intergovernmental  Panel on Climate Change and advice provided by the Subsidiary Body for 
Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the 
Parties to this Protocol shall regularly review and, as appropriate, revise such methodologies and 
adjustments, taking fully  into account any relevant decisions by the Conference of the Parties. 
Any revision to methodologies or adjustments shall be used only for the purposes of ascertaining 
compliance with commitments under Article 3 in respect of any commitment period adopted 
subsequent to that revision. 

The global warming potentials used to calculate the carbon dioxide equivalence of 
3. 
anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by 
the Monlrcal Protocol listcd in Annex A shall bc those acccpted by the Intergovernmcnlal Panel 
on Climate Change and agrced upon by the Conferencc of the Parties at its third session. Based 
on thc work of,  inter alia, the Intergovernmental  Panel on Climate Change and advice provided 
by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties 
scrving as the meeling of thc Parties to this Protocol  shall regularly review and, as appropriate, 
revise the global warming potential of each such greenhouse gas, taking fully  into account any 
relevant decisions by the Conference of the Parties.  Any revision to a global warming potential 
shall apply only to those commitments under Article 3 in respect of any commitment period 
adopted subsequent to that revision. 

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Articlc 6 

1. 
For the purpose of meeting its commitments under Article 3, any Party included in 
Annex I may transfer to, or acquire from, any other such Party emission reduction units resulting 
from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic 
removals by sinks of greenhouse gases in any sector of the economy, provided that: 

(a) 

Any such project has the approval of the Parties involved; 

(b) 

Any such project provides a reduction in emissions by sources, or an enhancement 

of removals by sinks, that is additional to any that would otherwise occur; 

(c) 

It does not acquire any emission reduction units if it is not in compliance with its 

obligations under Articles 5 and 7; and 

(d) 

The acquisition of emission reduction units shall be supplemental to domestic 

actions for the purposes of meeting commitments under Article 3. 

The Conference  of the Parties serving as the meeting of the Parties to this Protocol may, 

2. 
at its first session or as soon as practicable thereafter, further elaborate guidelines for the 
implementation of this Article, including for verification  and reporting. 

3. 
A Party included in Annex I may authorize legal entities to participate, under its 
responsibility, in actions leading to the generation, transfer or acquisition under this Article of 
emission reduction units. 

]f a question of  implemenlation by a Parly included in Annex I of the requirements 

4. 
rcferred  to in this paragraph  is identified  in accordance wilh the relevant provisions of 
Arlicle 8, transfers and acquisitions of cmission reduction units may continue to bc made after 
the question has been idenlilied, provided that any such units may not be used by a Party to meet 
its commitments under Article 3 until any issue of compliance is resolved. 

Article 7 

Each Party included in Annex I shall incorporate in its armual inventory of anthrqpogenic 
1. 
emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal 
Protocol, submitted in accordance with the relevant decisions of the Conference  of the Parties, 
the necessary supplementary  information for the purposes of ensuring compliance with Article 3, 
to be determined in accordance with paragraph 4 below. 

Each Party included in Annex I shall incorporate in its national communication, 

2. 
submitted under Article  12 of the Convention, the supplementary information necessary to 

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Page9 

dcmonstratc compliancc with its commitmcnts undcr tliis Protocol, to bc dctcrmined in 
accordancc with paragraph 4 below. 

Each Party included in Annex I shall submit the information required under 

3. 
paragraph  1  above annually, beginning with the first inventory due under the Convention for the 
first year of the commitment period after this Protocol has entered into force for it.  Each such 
Party shall submit the information required under paragraph 2 above as part of the first national 
communication due under the Convention after this Protocol has entered into force for it and 
after the adoption of guidelines as provided for in paragraph 4 below.  The frequency of 
subsequent submission of information required under this Article shall be determined by the 
Conference of the Parties serving as the meeting of the Parties to this Protocol, taking into 
account any timetable for the submission of national communications decided upon by the 
Conference  of the Parties. 

4. 
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall 
adopt at its first session, and review periodically thereafter, guidelines for the preparation of the 
information  required under this Article, taking into account guidelines for the preparation of 
national communications by Parties included in Annex I adopted by the Conference of the Parties. 
The Conferencc of the Parties serving as the meeting of the Parties to this Protocol shall also, 
prior to the first commitment period, decide upon modalities for the accounting of assigned 
amounts. 

Article 8 

1. 
The information submitted under Article 7 by each Party included in Annex I shall be 
reviewed by expert review teams pursuant to the relevant decisions of the Conference  of the 
Parties and in accordance with guidelines adopted for this purpose by the Conference  of the 
Parties serving as thc meeling of thc Parties to this Prolocol under paragraph 4 below.  The 
information  submitted under Articlc 7, paragraph  1, by each Party included in Annex I shall bc 
reviewed as part of the annual compilation and accounting of emissions inventories and assigned 
amounts.  Additionally, the information  submitted under Article 7, paragraph 2, by each Party 
included in Annex 1 shall be reviewed as part of thc revicw of communications. 

Expert review teams shall be coordinated by the secretariat and shall be composed of 

2. 
experts selected from those nominated by Parties to the Convention and, as appropriate, by 
intergovernmental organizations, in accordance with guidance provided for this purpose by the 
Conference  of the Parties. 

The review process shall provide a thorough and comprehensive technical assessment 

3. 
of all aspects of the implementation by a Party of this Protocol.  The expert review teams shall 
prepare a report to the Conference of the Parties serving as the meeting of the Parties to this 
Protocol, assessing the implementation of the commitments of the Party and identifying  any 
potential problems in, and factors influencing, the fulfilment  of commitments.  Such reports shall 

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be circulated by the secretariat to all Parties to the Convention.  The secretariat shall list those 
questions of implementation indicated in such reports for further consideration by the 
Conference  of the Parties serving as the meeting of the Parties to this Protocol. 

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall 

4. 
adopt at its first session, and review periodically thereafter, guidelines for the review of 
implcmcntation by cxpert review tcams taking into account the relevant decisions of  the 
Confercnce of thc Parlies. 

Thc Confercnce of the Parties serving as the meeting of the Parties to this Protocol  shall, 

5. 
wilh the assislance of the Subsidiary Body for Implcmcnlalion and, as appropriate, thc 
Subsidiary  Body  for Scienliiic and Tcchnological Advice, consider: 

(a) 

The information submitted by the Parties under Article 7 and the reports of the 

expert reviews thereon conducted under this Article; and 
* 

(b) 

Those questions of implementation listed by the secretariat under 

paragraph 3 above, as well as any questions raised by Parties. 

Pursuant to its consideration of the information referred to in paragraph 5 above, the 

6. 
Conference  of the Parties serving as the meeting of the Parties to this Protocol shall take 
decisions on any malter required for the implementation of this Protocol. 

Articlc 9 

Thc Conference  of the Partics scrving as the meeting of the Parties to this Protocol  shall 

1. 
periodically  rcvicw this Protocol  in the light of the best available scientific information and 
assessments on climatc change and ils impacls, as well  as relevant technical, social  and economic 
information.  Such reviews  shall  be coordinatcd with pcrtinent rcviews under the Convention, in 
particular thosc required by Article 4, paragraph 2(d), and Article 7, paragraph 2(a), of the 
Convention.  Based on these reviews, the Conference of the Parties serving as the meeting of the 
Parties to this Protocol  shall take appropriate action. 

The first review shall take place at the second session of the Conference of the Parties 

2. 
serving as the meeting of the Parties to this Protocol.  Further reviews shall take place at regular 
intervals and in a timely manner. 

Article  10 

All Parties, taking into account their common but differentiated  responsibilities and 
their specific national and regional development priorities, objectives and circumstances, without 
inlroducing any new commitmenls for Parties not included in Annex I, bul reaffirming cxisting 
commitmcnts  in Article 4, paragraph  1, of the Convention, and continuing to advancc the 

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FCCC/CP/1997/L.7/Add.l 
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implementation of these commitments in order to achieve sustainable development, taking into 
account Article 4, paragraphs 3, 5 and 7, of the Convention, shall: 

(a) 

Formulate, where relevant and to the extent possible, cost-effective national, 
and where appropriate regional programmes to improve the quahty of local emission factors, 
activity data and/or models which reflect the socio-economic conditions of each Party for the 
preparation and periodic updating of national inventories of anthropogenic emissions by sources 
and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using 
comparable metliodologies to be agreed upon by the Conference of the Parties, and consistent 
with thc guidelincs for national communications adopted by the Conference of the Parties; 

(b) 

Formulate, implement, publish and regularly updatc national and, wherc 

appropriate, regional programmes containing measures to mitigate climate change and measures 
lo facilitatc adequate adaptalion to climate change: 

(i) 

(ii) 

Such programmes would, inter alia, concem the energy, transport and 
industry sectors as well as agriculture, forestry and waste management. 
Furthermore, adaptation technologies and methods for improving spatial 
planning would improve adaptation to climate change; and 

Parties included in Annex I shall submit information on action under this 
Protocol, including national programmes, according to the guidelines laid 
down in Article 8; and other Parties shall seek to include in their national 
communications, as appropriate, information ori programmes which 
contain measures that the Parly believes contribute to addressing climate 
change and its adversc impacls, including the abatcmcnl of incrcasc in 
greenhouse gas emissions, and enhancement of and removals by sinks, 
capacity building and adaptation measures. 

(c) 

Cooperate in the promotion of effective  modalities for the developmcnt, 

application and diffusion  of, and take all practicablc steps to promolc, facililate and linance, as 
appropriate, the transfer of,  or access to, environmentally sound technologies, know-how, 
practices and processes pertinent to climate change, in particular to developing countries, 
including the formulation  of policies and programmes for the effective transfer of 
environmentally sound technologies that are publicly owned or in the public domain and the 
creation of an enabling environment for the private sector, to promote and enhance access to, and 
transfer  of, environmentally sound technologies; 

(d) 

Cooperate in scientific and technical research and promote the maintenance and 
the development of systematic observation systems and development of data archives to reduce 
uncertainties related to the climate system, the adverse impacts of climate change and the 
economic and social consequences of various response strategies, and promote the development 
and strengthening of endogenous capacities and capabilities to participate in international and 

Ay 

l'CC(7CP/1997/L.7/Add.l 
Hnglish 
Page 12 

intergovermncntal efforts, programmes and networks on research and systematic observation, 
taking into account Article 5 of the Convention; 

(e) 

Cooperate in and promote at the international level, and, where appropriate, 

using existing bodies, the development and implementation of education and training 
programmes, including the strengthening of national capacity building, in particular human and 
institutional capacities and the exchange or secondment of personnel to train experts in this  field, 
in particular for developing countries, and facilitate at the national level public awareness and 
public access to information on climate change.  Suitable modalities should be developed to 
implement these activities through the relevant bodics of the Convention taking into account 
Article 6 of the Convention; 

(f) 

Include in their national communications information on programmes and 
activities undertaken pursuant to this Article in accordance with relevant decisions of the 
Conference of the Parties; and 

(g) 

Give full consideration, in implementing the commitments in this Article, to 

Article 4, paragraph 8, of the Convention. 

Article 11 

In the implementation of Article  10, Parties shall take into account the provisions of 

1. 
Article 4, paragraphs 4, 5, 7, 8 and 9 of the Convention. 

In the context of the implementation of Article 4, paragraph  1, of the Convention, in 

2. 
accordance with the provisions of Article 4, paragraph 3, and Article  11  of the Convention, and 
through the operating entity or entities of the financial mechanism of the Convention, the 
developed country Parties and other developed Parties included in Annex II to the Convention 
shall: 

(a) 

Provide new and additional financial  resources to meet the agreed full  costs 

incurrcd by dcveloping country Parties in advancing tlic implementation of existing 
commitmcnts under Article 4, paragraph  1(a), of the Convention that are covered in 
Article  10, subparagraph (a); and 

(b) 

Also provide such financial resources, including for the transfer of technology, 

needed by the developing country Parties to meet the agreed full incremental costs of advancing 
the implementation of existing commitments in Article 4, paragraph  1, of the Convention that are 
covered by Article  10 and that are agreed between a developing country Party and the 
international entity or entities referred to in Article 11 of the Convention, in accordance with that 
Article. 

A  r 

FCCC/CP/1997/L.7/Add. 1 
English 
Page 13 

The implcmcnlation of these existing commitmenls shall takc into account tlie need for adequacy 
and prcdictability in thc flow of funds and tlic importance of appropriate burden sharing among 
developed country Parties.  The guidance to the financial mechanism of the Convention in 
relevant decisions of the Conference of the Parties, including those agreed before the adoption of 
this Protocol, shall apply mutatis mutandis to the provisions of this paragraph. 

3. 
The developed country Parties and other developed Parties in Annex II to the 
Convention may also provide, and developing country Parties avail themselves of,  financial 
resources for the implementation of Article  10, through bilateral, regional and other multilateral 
channels. 

1. 

A clean development mechanism is hereby defmed. 

Article 12 

Thc purpose of the elean development mechanism shall be to assist Parties not included 
2. 
in Anncx I in achieving sustainable development and in contributing to the ultimate objective of 
tlie Convention, and to assist Parties included in Annex 1 in achieving compliance with their 
quantified emission limitation and reduction commitments under Article 3. 

3. 

Under the clean development mechanism: 

(a) 

Parties not included in Annex I will benefit from project activities resulting in 

certified  emission reductions; and 

(b) 

Parties included in Annex I may use the certificd emission rcductions accruing 
from  such project activitics to contribute to compliance with part of their quantified  emission 
limitation and reduction commitments under Article 3, as dctermincd by the Conferencc of thc 
Parties serving as the meeting of thc Parties to this Protocol. 

The clean development mechanism shall be subject to the authority and guidancc of the 

4. 
Conference  of the Parties serving as the meeting of the Parties to this Protocol and be supervised 
by an cxccutive board of the clean development mechanism. 

5. 
Emission reductions resulting from each project activity shall be certified by operational 
entities to be designated by the Conference of the Parties serving as the meeting of the Parties to 
this Protocol, on the basis  of: 

(a) 

Voluntary participation approved by each Party involved; 

(b) 

Real, measurable, and long-term bencfits related to the mitigation of climate 

change; and 

Ai 

FCCC/CP/1997/L.7/Add.I 
EngHsh 
Page 14 

(c) 

Reductionsin emissions that are additional to any that would occur in the absence 

of the certified project activity. 

The clean development mechanism shall assist in arranging funding  of certified  project 

6. 
activities as necessary. 

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, 

7. 
at its first session, elaborate modalities and procedures with the objective of ensuring 
transparcncy, eflficiency  and accountability through independent auditing and verification  of 
projecl activitics. 

The Conference of the Parties serving as the meeting of the Parties to this Protocoi shall 

8. 
ensure thal a share of the proceeds from certified project activities is used to cover administrative 
expcnses as well as to assist developing country Parties that are particularly vulnerable to the 
adverse effects of climate change to meet the costs of adaptation. 

Participation under the clean development mechanism, including in activities mentioned 

9. 
in paragraph 3(a) above arid acquisition of certified emission reductions, may involve private 
and/or public entities, and is to be subject to whatevei* guidance may be provided by the 
executive board of the clean development mechanism. 

10. 
Certified  emission reductions obtained during the period from the year 2000 up to the 
beginning of the first commitment period can be used to assist in achieving compliance in the 
first  commitment period. 

Articlc 13 

The Conference of the Parties, the suprcmc body of the Convention, shall serve as the 

1. 
meeling of Ihe Parties to this Protocol. 

Parlies to the Convention that are not Parties to this Protocol may participate as 

2. 
observers in the proceedings of any session of the Conference of the Parties serving as the 
meeting of the Parties to this Protocol.  When the Conference of the Parties serves as the meeting 
of the Parties to this Protocol, decisions under this Protocol shall be taken only by those that are 
Parties to it. 

When the Conference of the Parties serves as the meeting of the Parties to this Protocol, 

3. 
any member of the Bureau of the Conference of the Parties representing a Party to the 
Convention but, at that time, not a Party to this Protocol, shall be substituted by an additional 
member to be elected by and from  amongst the Parties to this Protocol. 

i } 

FCCC/CP/1997/L.7/Add. 1 
English 
Page 15 

The Conference of the Parties serving as tlie meeting of the Parties to this Protocol shall 

4. 
keep under regular review the implementation of this Protocol and shall make, within its 
mandate, the decisions necessary to promote its effective  implementation.  It shall perform the 
functions  assigned to it by this Protocol and shall: 

(a) 

Assess, on the basis of all information made available to it in accordance with 
the provisions of this Protocol, the implementation of this Protocol by the Parties, the overall 
effects  of the measures taken pursuant to this Protocol, in particular environmental, economic 
and social effects  as well as their cumulative impacts and the extent to which progress towards 
the objective of the Convention is being achieved; 

(b) 

Periodically examine the obligations of the Parties under this Protocol, giving due 
consideration to any reviews required by Article 4, paragraph 2(d), and Article 7, paragraph 2, of 
the Convention, in the light of the objective of the Convention, the experience gained in its 
implementation and the evolution of scientific and technological knowledge, and in this respect 
consider and adopt regular-ceports on the implementation of this Protocol; 

(c) 

Promote and facilitate the exchange of information on measures adopted by the 

Parties to address climate change and its effects, taking into account the differing  circumstances, 
responsibilities and capabilities of the Parties and their respective commitments under this 
Protocol; 

(d) 

Facilitate, at the request of two or more Parties, the coordination of measures 

adopted  by them to address climate change and its effects, taking into account the  differing 
circumstances, responsibilities and capabilities of the Parties and their respective commitments 
undcr this Protocol; 

(e) 

Promote and guide, in accordance with the objective of the Convention and the 

provisions of this Protocol, and taking fully into account the relevant decisions by the 
Conference  of the Parties, the development and periodic refinement of comparable 
methodologies for the effective  implementation of this Protocol, to be agreed on by the 
Conference  of the Parties serving as the meeting of the Parties to this Protocol; 

(f) 
Protocol; 

Make recommendations on any matters necessary for the implementation of this 

(g) 

Seek to mobilize additional financial resources in accordance with 

Article  11, paragraph 2; 

(h) 
of this Protocol; 

Establish such subsidiary bodies as are deemed necessary for the implementation 

A<6 

FCCC/CP/1997/L.7/Add. 1 
English 
Page 16 

(i) 

Seek and utilize, whcre appropriate, thc services and cooperation of, and 

information  provided by, compclcnt intemational organizations and intergovernmental and 
non-oovernmental bodies: and 
non-governmental bodies; and 

(j) 

Exercise such other functions as may be required for the implementation of this 

Protocol, and consider any assignment resulting from a decision by the Conference of the Parties. 

5. 
The rules of procedure of the Conference of the Parties and financial procedures of the 
Convention shall be applied mutatis mutandis under this Protocol, except as may be otherwise 
decided by consensus by the Conference of the Parties serving as the meeting of the Parties to 
this Protocol. 

The first session of the Conference of the Parties serving as the meeting of the Parties to 

6. 
this Protocol shall be convened by the secretariat in conjunction with the first session of the 
Conference  of the Parties that is scheduled after the date of the entry into force of this Protocol. 
Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the 
Parties to this Protocol shall be held every year and in conjunction with ordinary sessions of the 
Conference  of the Parties unless otherwise decided by the Conference of the Parties serving as 
the meeting of the Parties to this Protocol. 

7. 
Extraordinary sessions of the Conference of the Parties serving as the meeting of the 
Parties to this Protocol shall be held at such other times as may be deemed necessary by the 
Conference  of the Parties serving as the meeting of the Parties to this Protocol, or at the written 
request of any Party, provided that, within six months of the request being communicated to the 
Parties by the secretariat, it is supported by at least one third of the Parties. 

The United Nations, its specialized agencies and the International Atomic Energy 
8. 
Agency, as well as any State member thereof or observers thereto not party to the Convention, 
may be reprcsented at sessions of the Conference of the Parties serving as the meeting of thc 
Parties lo this Protocol as observcrs.  Any body or agency, whether national or intcrnational, 
governmenlal or non-govcrnmental, which is qualified  in matters covered by this Protocol and 
which has informed  thc secretariat of its wish to be represented at a session of the Conference of 
the Parties serving as the meeting of the Parties to this Protocol as an observer, may be so 
admitted unless at least one third of the Parties present object.  The admission and participation 
of observers shall be subject to the rules of procedure, as referred to in paragraph 5 above. 

Article 14 

The secretariat established by Article 8 of the Convention shall serve as the secretariat of 

1. 
this Protocol. 

2. 

Article 8, paragraph 2, of the Convention on the functions of the secretariat, and 

AO 

FCCC/CP/1997/L.7/Add. 1 
English 
Page 17 

Article 8, paragraph 3, of the Convention on arrangemenls made for the functioning  of the 
secretariat, shall apply mutatis mutandis to this Protocol.  The secretariat shall, in addition, 
exercise the functions  assigned to it under this Protocol. 

Article 15 

The Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body 

1. 
for Implementation established by Articles 9 and  10 of the Convention shall serve as, 
respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary 
Body for Implementation of this Protocol.  The provisions relating to the functioning  of these 
two bodier, under the Convention shall apply  mutatis mutandis to this Protocol.  Sessions of the 
meetings of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary 
Body for Implementation of this Protocol shall be held in conjunction  with the  meetings  of, 
respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary 
Body for Implementation of the Convention. 

<t 

Parties to the Convention that are not Parties to this Protocol may participate as observers 

2. 
in the proceedings of any session of the subsidiary bodies.  When the subsidiary bodies serve as 
the subsidiary bodies of this Protocol, decisions under this Protocol shall be taken only by the 
Parties to this Protocol. 

3. 
When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise 
their functions  with regard to matters conceming this Protocol, any member of the Bureaux of 
those subsidiary bodies representing a Party to the Convention but, at that time, not a party to 
this Protocol, shall be substituted by an additional member to be elected by and from amongst the 
Parties to this Protocol. 

Articlc 16 

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, 
as soon as practicable, consider the application to this Protocol of,  and modify  as appropriate, the 
multilateral consultative process referred to in Article 13 of the Convention, in the light of any 
relevant decisions that may be taken by the Conference of the Parties.  Any multilateral 
consultative process that may be applied to this Protocol shall operate without prejudice to the 
procedures and mechanisms established in accordance with Article 17. 

Article 16 bis 

The Conference of the Parties shall define the relevant principles, modalities, rules and 

guidelines, in particular for verification, reporting and accountability for emissions trading.  The 
Parties included in Annex B may participate in emissions trading for the purposes of  fulfilling 
their commirments under Article 3 of this Protocol.  Any such trading shall be supplemental to 
domestic actions for the purpose of meeting quantified emission limitation and reduction 
commitments under that Article. 

2o 

FCCC/C1V1997/1,7/Add. I 
ItagHsh 
Page  18 

Articlc  17 

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, 

at its first session, approve appropriate and effective procedures and mechanisms to determine 
and to address cases of non-compliance with the provisions of this Protocol, including through 
the development of an indicative list of consequences, taking into account the cause, type, degree 
and frequency of non-compliance.  Any procedures and mechanisms under this Article entailing 
binding consequences shall be adopted by means of an amendment to this Protocol. 

ITic provisions of Articlc  14 of the Convention on scttlement of disputes shall apply 

mutatis  mutandis  to this Protocol. 

Article  18 

1. 

Any  Party may propose amendments to this Protocol. 

Article 19 

Amendments to this Protocol shall be adopted at an ordinary session of the Conference  of 

2. 
the Parties serving as the meeting of the Parties to this Protocol.  The text of any proposed 
amendment to this Protocol shall be communicated to the Parties by the secretariat at least six 
months before the meeting at which it is proposed for adoption.  The secretariat shall also 
communicate the text of any proposed amendments to the Parties and signatories to the 
Convention  and, for information, to the Depositary. 

3. 
The Parties shall make every effort to reach agreement on any proposed amendment to 
this Protocol  by consensus.  If all efforts at consensus have been exhausted, and no agreement 
reached, the amendment shall  as a last resort be adopted by a three-fourths majority vote of the 
Parties present and voting at the mecting.  The adopted amendmcnt shall be communicated by 
the secretariat lo Ihc Deposilary, who shall circulatc it to all Parties for their acccptancc. 

4. 
Instruments of acccptance in respect of an amendment shall be deposited with the 
Dcpositary.  An amendment adopted in accordance with paragraph 3 above shall enter into force 
for those Parties having accepted it on the ninetieth day after the date of receipt by the 
Depositary of an instrument of acceptance by at least three fourths of the Parties to this Protocol. 

5. 
The amendment shall enter into force for any other Party on the ninetieth day after the 
date on which that Party deposits with the Depositary its instrument of  acceptance of the said 
amendment. 

L"\ 

FCCC/CP/1997/L.7/Add.l 
English 
Page 19 

Article 20 

Annexes to tliis Protocol shall form an integral part thereof and, unless otherwise 

1. 
expressly provided, a reference to this Protocol constitutes at the same time a reference to any 
annexes thereto.  Any annexes adopted after the entry into force of this Protocoi shall be 
restricted to lists, forms and any other material of a descriptive nature that is of a scientific, 
technical, procedural or administrative character. 

Any Party may make proposals for an annex to this Protocol and may propose 

2. 
amendments to annexes to this Protocol. 

3. 
Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted at 
an ordinary session of the Conference of the Parties serving as the meeting of the Parties to this 
Protocol.  The text of any proposed annex or amendment to an annex shall be communicated to 
the Parties by the secretariat at least six months before the meeting at which it is proposed  for 
adoption.  The secretariat shall also communicate the text of any proposed annex or amendment 
to an annex to the Parties and signatories to the Convention and, for information, to the 
Depositary. 

4. 
The Parties shall make every effort  to reach agreement on any proposed annex or 
amendment to an annex by consensus.  If all efforts  at consensus have been exhausted, and no 
agreement reached, the annex or amendment to an annex shall as a last resort be adopted by a 
thrcc-fourths majority  vote of the Parties present and voting at the meeting.  The adopted annex 
or amendment to an annex shall be communicated by the secretariat to the Depositary, who shall 
circulate it to all Parties for their acceptance. 

5. 
An annex, other than Annex A or B, that has been adopted or amended in accordance 
with paragraphs 3 and 4 above shall enter into force for all Parties to this Protocol six months 
after the date of the communication by the Depositary to such Parties of the adoption or 
amendment of the annex, except for those Parties that have notified the Depositary in writing 
within that period of their non-acceptance of the annex or amendment to the annex.  The annex 
or amendment to an annex shall enter into force for Parties which withdraw their notification  of 
non-acceptance on the ninetieth day after the date on which withdrawal of such notification  has 
been received by the Depositary. 

If the adoption of an annex or an amendment to an annex involves an amendment to this 

6. 
Protocol, that annex or amendment to an annex shall not enter into force until such time as the 
amendment to this Protocol enters into force. 

Amendments to Annexes A and B to this Protocol shall be adopted and enter into force in 

7. 
accordance with the procedure set Out in Article 19, provided that any amendments to Annex B 
shall be adopted only with the written consent of the Party concerned. 

2  L. 

FCCC/CP/1997/L.7/Add. 1 
English 
Page 20 

Articlc 21 

1. 

Each Party shall have one vote, except as provided for in paragraph 2 below. 

2. 
Regional economic integration organizations, in matters within their competence, shall 
exercise their right to vote with a number of votes equal to the number of their member States 
which are Parties to this Protocol.  Such an organization shall not exercise its right to vote if any 
of its member States exercises its right, and vice versa. 

Article22 

The Secretary-General of the United Nations shall be the Depositary of this Protocol. 

Articlc 23 

This Protocol shall -be open for signature and subject to ratification, acceptance or 

1. 
approval by States and regional economic integration organizations which are Parties to the 
Convention.  It shall be open for signature at United Nations Headquarters in New York from 
16 March  1998 to  15 March  1999.  This Protocol shall be open for accession from the day after 
the date on which it is closed for signature.  Instruments of ratification, acceptance, approval or 
accession shall be deposited with the Depositary. 

2. 
Any regional economic integration organization which becomes a Party to this Protocol 
without any of its member States being a Party shall be bound by all the obligations under this 
Protocol.  In the case of such organizations, one or more of whose member States is a Party to 
this Protocol, the organization and its member Stales shall decide on their respective 
rcsponsibilities for thc performance of their obligations under this Protocol.  In such cases, the 
organization and the mcmbcr Slates shall not be entitled to exercise rights under this Protocol 
concurrently. 

ln their instrumenls of ratification, acceptance, approval or accession, regional economic 
3. 
integration organizations shall declare the extent of their competence with respect to the matters 
governed by this Protocol.  These organizations shall also inform the Depositary, whoshall in 
turn inform the Parties, of any substantial modification in the extent of their competence. 

Article 24 

This Protocol shall enter into force on the ninetieth day after the date on which not less 
1. 
than 55 Parties to the Convention, incorporating Parties included in Annex I which accounted in 
total for at least 55 per cent of the total carbon dioxide emissions for  1990 of the Parties included 
in Annex I, have deposited their instruments of ratification, acceptance, approval or accession. 

Z1 

FCCC/CP/1997/L.7/Add. 1 
English 
Page21 

For the purposes of this Article, "the total carbon dioxide emissions for  1990 of the 

2. 
Parties included in Annex I" means the amount communicated on or before the date of adoption 
of this Protocol by the Parties included in Annex I in their first national communications 
submitted in accordance with Article 12 of the Convention. 

For each State or regional economic integration organization that ratifies, accepts or 

3. 
approves this Protocol or acccdes thereto after the conditions set out in paragraph  1  above for 
the entry into force have been fulfilled,  this Protocol shall enter into force on the ninetieth day 
following the date of deposit of its instrument of ratification, acceptance, approval or accession. 

4. 
For the purposes of this Article, any instrument deposited by a regional economic 
integration organization shall not be counted as additional to those'deposited by States members 
of the organization. 

No reservations may be made to this Protocol. 

Article 25 

Article 26 

At any lime after three years from the date on which this Protocol has entered into  force 

1. 
for a Party, thal Party may withdraw from tliis Protocol by giving written notification to the 
Depositary. 

2. 
Any such withdrawal shall take effect upon expiry of one year from the date of receipt by 
the Depositary of the notification  of withdrawal, or on such later date as may be specified  in the 
notification  of withdrawal. 

Any Party that withdraws from the Convention shall be considered as also having 

3. 
withdrawn from this Protocol. 

Article 27 

The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and 

Spanish texts are equally authentic, shall be deposited with the Secretary-General of the 
United Nations. 

Donc at Kyoto this tcnth day of Deccmbcr onc thousand ninc hundred and 

nincty-scvcn. 

L 1 

Anncx A 

FCCC/CP/1997/L.7/Add. 1 
English 
Page22 

Carbon dioxide  (C02) 
Methane (CH4) 
Nitrous oxide  (N20) 
Hydrofluorocarbons (HFCs) 
Perfluorocarbons  (PFCs) 
Sulphur hexafluoride  (SF6) 

Sectors/source  categories 

Energy 

Fuel combustion 

Energy industries 
Manufacturing  industries and construction 
Transport 
Other sectors 
Other 

Fugitive emissions from fuels 

Solid fuels 
Oil and natural gas 
Other 

Industrial processes 

Mineral products 
Chemical industry 
Metal production 
Other production 
Production of halocarbons and sulphur hexafluoride 
Consumption of halocarbons and sulphur hexafluoride 
Other 

Sotvent and other product use 

2  r 

FCCC/CP/1997/L.7/Add. 1 
English 
Page 23 

Agricullure 

Entcric  fermentation 
Manure management 
Rice cultivation 
Agricultural soils 
Prescribed burning of savannas 
Field burning of agricultural residues 
Other 

Waste 

Solid waste disposal on land 
Wastewater handling 
Waste incineration 
Other 

ZQ 

FCCC/CP/1997/L.7/Add. 1 
Eoglish 
Pagc 24 

Party 

Anncx B 

Ouantified emission limitation or 
redwction cQmrnitroent 
(percentage of  base year or period) 

v 

Australia 
Austria 
Belgium 
Bulgaria* 
Canada 
Croatia* 
Czech Rcpublic* 
Denmark 
Estonia* 
European Community 
Finland 
Francc 
Germany 
Greece 
Hungary* 
Iceland 
Ireland 
Italy 
Japan 
Latvia* 
Liechtenslein 
Lithuania* 
Luxembourg 
Monaco 
Netherlands 
New Zcaland 
Norway 
Poland* 
Portugal 
Romania* 
Russian Federation* 
Slovakia* 
Slovenia* 
Spain 
Sweden 
Switzerland 
Ukrainc* 
Unitcd  Kingdom of Greal Britain and Northcrn Ircland 
Unitcd Statcsof Amcrica 

108 
92 
92 
92 
94 
95 
92 
92 
92 
92 
92 
92 
92 
92 
94 
110 
92 
92 
94 
92 
92 
92 
92 
92 
92 
100 
101 
94 
92 
92 
100 
92 
92 
92 
92 
92 
100 
92 
93 

*  Countries that are undergoing the process of transition to a market economy. 

11 

ISSN 0254-1475 

COM(98) 96  final 

DOCUMENTS 

EN 

14  15  01 

Catalogue  number  : CB-CO-98-103-EN-C 

ISBN  92-78-31284-3 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

2  t