Proposal for a Council Decision concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder
Date: 2001-10-23
Institutions: European Commission
Subjects: UN convention, air quality, atmospheric pollutant, climate change, environmental policy, protocol to an agreement, renewable energy

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Proposal for a Council Decision concerning the approval, on behalf of the European Community,
of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the
joint fulfilment of commitments thereunder

(2002/C 75 E/03)

COM(2001) 579 final (cid:151) 2001/0248(CNS)

(Submitted by the Commission on 23 October 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
in conjunction
Community, and in particular Article 174(4)
with Article 300(2), first sentence of the first subparagraph,
and Article 300(3), first subparagraph, thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The ultimate objective of the United Nations Framework
Convention on Climate Change ((cid:145)the Convention(cid:146)), which
was approved on behalf of the Community by Council
Decision 94/69/EC of 15 December 1993 concerning
Framework
the
Convention on Climate Change (1),
is to achieve stabili-
sation
the
atmosphere at a level which prevents dangerous anthro-
pogenic interference with the climate system.

the United Nations

greenhouse-gas

conclusion of

concentrations

of

in

the

that

session,

concluded

gases not

commitment

to the Convention for the Protection of

(2) The Conference of the Parties to the Convention, at its
first
by
developed countries to aim at returning, individually or
their emissions of carbon dioxide and other
jointly,
the Montreal
greenhouse
controlled by
Protocol
the
Ozone Layer to 1990 levels by the year 2000 was inad-
equate for achieving the Convention’s long-term objective
of preventing dangerous anthropogenic interference with
the climate system, and agreed to begin a process to
enable appropriate action to be taken for the period
through the adoption of a protocol or
beyond 2000,
another legal instrument (2).

(3) This process resulted in the adoption on 11 December
to the United Nations
((cid:145)the

on Climate Change

the Kyoto Protocol

1997 (3) of
Framework Convention
Protocol(cid:146)).

(1) OJ L 33, 7.2.1994, p. 11.
(2) Decision 1/CP.1:

Article 4, paragraph 2(a) and (b), of the Convention,
proposals related to a protocol and decisions on follow-up(cid:146).

(cid:145)The Berlin Mandate: Review of the adequacy of
including

(3) Decision 1/CP.3:

(cid:145)Adoption of the Kyoto Protocol to the United

Nations Framework Convention on Climate Change(cid:146).

(4) The Conference of the Parties to the Convention, at its
fourth session, decided to adopt the Buenos Aires Plan of
Action, to reach agreement on the implementation of key
elements of
the
Conference of the Parties (4).

the sixth session of

the Protocol at

(5) The core elements for the implementation of the Buenos
Aires Plan of Action were agreed upon by consensus by
the Conference of the Parties at its resumed sixth session
in Bonn from 19 to 27 July 2001 (5).

(6) The Protocol, under Article 24, is open for ratification,
acceptance or
and by regional
approval by States
economic integration organisations that have signed it.

(7) The Protocol, under Article 4, provides for Parties to fulfil
their commitments under Article 3 jointly, acting in the
framework of and together with a regional economic inte-
gration organisation.

(8) When the Protocol was signed in New York on 29 April
1998, the Community declared that it and its Member
States would fulfil their respective commitments under
Article 3(1) of the Protocol
jointly in accordance with
Article 4 thereof.

expectations

economic growth,

(9) The Council agreed upon the contributions of each
to the overall Community reduction
Member State
commitment
in the Council conclusions of 16 June
1998 (6). These contributions are differentiated to take
account of
the
for
energy mix and the industrial structure of the respective
Member State. The Council further agreed that the terms
the agreement would be included in the Council
of
the Protocol by the
Decision on the approval of
Community. Article 4(2) of
the Protocol requires the
Community and its Member States to notify the Secre-
tariat of
this agreement on the date of
deposit of their instruments of ratification or approval.
Member States have an obligation to take measures in
order to enable the Community to fulfil
its obligations
under the Protocol.

the terms of

(4) Decision I/CP.4: (cid:145)The Buenos Aires Plan of Action(cid:146).
(5) Decision 5/CP.6:

(cid:145)Implementation of

the Buenos Aires Plan of

Action(cid:146).

(6) Doc 9702/98 of 19 June 1998 from the Council of the European
Union reflecting the outcome of proceedings of the Environment
Council of 16-17 June 1998, Annex I.

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(10)

the

start of

The base-year emissions of

the Community and its
Member States will not be established definitively before
the entry into force of the Protocol. Once these base-year
the latest
emissions are definitively established and at
the
before
Community and its Member States shall determine these
emission levels in terms of
tonnes of carbon dioxide
equivalent in accordance with the procedure referred to
in Article 8 of Council Decision 93/389/EEC of 24 June
1993 for a monitoring mechanism of Community CO2
and other greenhouse gas emissions (1), as amended by
Decision 99/296/EC (2).

commitment period,

the

(11) The Gothenburg European Council on 15 and 16 June
the Community
2001 reaffirmed the determination of
and the Member States
their commitments
under the Protocol, and stated that the Commission will
prepare a proposal for ratification before the end of 2001
making it possible for the Community and its Member
their commitment rapidly to ratify the
States to fulfil
Protocol,

to meet

HAS ADOPTED THIS DECISION:

Article 1

to the United Nations

The Kyoto Protocol
Framework
Convention on Climate Change ((cid:145)the Protocol(cid:146)) signed on 29
April 1998 in New York is hereby approved on behalf of the
European Community.

The text of the Protocol is set out in Annex I.

Article 2

The European Community and its Member States shall fulfil
their commitments under Article 3(1) of the Protocol jointly, in
accordance with the provisions of Article 4 thereof.

The respective emission levels allocated to the European
Community and to each Member State in the first quantified
emission limitation and reduction commitment period, from
2008 to 2012, are set out in Annex II.

Member States shall take the necessary measures to comply
with the emission levels set out in Annex II.

establishment of definitive base-year emission figures, and at
the latest by 31 December 2007 in accordance with the
procedure referred to in Article 8 of Decision 93/389/EEC,
taking into account sound scientific methodologies for calcu-
lating initial assigned amount developed under the Convention
and the Protocol, including pursuant to Article 3(3) and (4) of
the Protocol.

Article 4

The President of

1.
is hereby authorised to
the Council
designate the person or persons empowered to notify, on
behalf of the European Community, this Decision to the Secre-
tariat of the United Nations Framework Convention on Climate
Change in accordance with Article 4(2) of the Protocol.

The President of

2.
is hereby authorised to
the Council
designate the person or persons empowered to deposit, on
the same date as the notification referred to in paragraph 1,
the instrument of approval with the Secretary-General of the
United Nations
the
Protocol, in order to express the consent of the Community
to be bound.

in accordance with Article 24(1) of

The President of

3.
is hereby authorised to
the Council
designate the person or persons empowered to deposit, on
the same date as the notification referred to in paragraph 1,
the declaration of competence set out in Annex III, according
to the provisions of Article 24(3) of the Protocol.

Article 5

1. Member States shall take the necessary steps to permit
the deposit, as far as possible simultaneously and not later than
14 June 2002, of the instruments of ratification or approval of
the Community and the Member States.

inform the Commission not later
2. Member States shall
than 12 April 2002 of their decisions to ratify or to approve
the Protocol or, according to the circumstances, of the probable
date of
requisite procedures. The
the
in cooperation with the Member States,
Commission shall,
choose a date for depositing the instruments of ratification
or approval simultaneously.

completion of

Article 3

The emission levels set out in Annex II shall be determined in
terms of tonnes of carbon dioxide equivalent following the

Article 6

This Decision is addressed to the Member States.

(1) OJ L 167, 9.7.1993, p. 31.
(2) OJ L 117, 5.5.1999, p. 35.

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ANNEX I

KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

THE PARTIES TO THIS PROTOCOL,

Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as
(cid:145)the Convention(cid:146),

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

Recalling the provisions of the Convention,

Being guided by Article 3 of the Convention,

Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the Conference of the Parties to the
Convention at its first session,

HAVE AGREED AS FOLLOWS:

Article 1

Article 2

For the purposes of this Protocol, the definitions contained in
Article 1 of the Convention shall apply. In addition:

1.
Each Party included in Annex I, in achieving its quantified
emission limitation and reduction commitments under Article
3, in order to promote sustainable development, shall:

1.

2.

3.

4.

(cid:145)Conference of
Parties to the Convention.

the Parties(cid:146) means the Conference of

the

(a)

Implement and/or further elaborate policies and measures
in accordance with its national circumstances, such as:

Framework
(cid:145)Convention(cid:146) means
Convention on Climate Change, adopted in New York on
9 May 1992.

the United Nations

(cid:145)Intergovernmental Panel on Climate Change(cid:146) means the
Intergovernmental Panel on Climate Change established in
1988 jointly by the World Meteorological Organization and
the United Nations Environment Programme.

(cid:145)Montreal Protocol(cid:146) means
Substances
Montreal on 16 September 1987 and as
adjusted and amended.

the Montreal Protocol on
that Deplete the Ozone Layer, adopted in
subsequently

(i) Enhancement of energy efficiency in relevant sectors

of the national economy;

(ii) Protection and enhancement of sinks and reservoirs
of greenhouse gases not controlled by the Montreal
Protocol, taking into account its commitments under
relevant
agreements;
promotion
forest management
practices, afforestation and reforestation;

environmental

international

sustainable

of

(iii) Promotion of sustainable forms of agriculture in light

of climate change considerations;

(iv) Research on,

and promotion, development

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

5.

(cid:145)Parties present and voting(cid:146) means Parties present and
casting an affirmative or negative vote.

6.

(cid:145)Party(cid:146) means, unless the context otherwise indicates, a Party
to this Protocol.

fiscal

(v) Progressive reduction or phasing out of market
duty
imperfections,
exemptions and subsidies
in all greenhouse gas
emitting sectors that run counter to the objective of
the
of market
instruments;

Convention

application

incentives,

and

and

tax

7.

(cid:145)Party included in Annex I(cid:146) means a Party included in Annex
I to the Convention, as may be amended, or a Party which
has made a notification under Article 4, paragraph 2(g), of
the Convention.

(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;

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(vii) Measures

to limit

emissions of
and/or
greenhouse gases not controlled by the Montreal
Protocol in the transport sector;

reduce

(viii) Limitation and/or reduction of methane emissions
through recovery and use in waste management, as
well as in the production, transport and distribution
of energy;

steps

to share

(b) Cooperate with other such Parties to enhance the individual
and combined effectiveness of their policies and measures
adopted under this Article, pursuant to Article 4, paragraph
2(e)(i), of the Convention. To this end, these Parties shall
and exchange
take
including
information on such policies and measures,
developing ways of improving their comparability, trans-
parency and effectiveness. The Conference of 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.

experience

their

2.
The Parties included in Annex I shall pursue limitation or
reduction of emissions of greenhouse gases not controlled by
the Montreal Protocol from aviation and marine bunker fuels,
working through the International Civil Aviation Organization
and the International Maritime Organization, respectively.

and economic

3.
The Parties included in Annex I shall strive to implement
policies and measures under this Article in such a way as to
including the adverse effects of
minimize adverse effects,
climate change, effects on international
trade, and social,
environmental
impacts on other Parties,
especially developing country Parties and in particular those
identified in Article 4, paragraphs 8 and 9, of the Convention,
the Convention. The
taking into account Article 3 of
Conference of
the
Parties to this Protocol may take further action, as appropriate,
this
to promote the implementation of
paragraph.

the Parties serving as the meeting of

the provisions of

The Conference of the Parties serving as the meeting of
4.
the Parties to this Protocol,
it would be
if
beneficial to coordinate any of the policies and measures in
paragraph 1(a) above, taking into account different national
circumstances and potential effects, shall consider ways and
means to elaborate the coordination of such policies and
measures.

it decides that

Article 3

1.
jointly, ensure that

The Parties included in Annex I shall,

individually or
their aggregate anthropogenic carbon

dioxide equivalent emissions of the greenhouse gases listed in
Annex A do not exceed their assigned amounts, calculated
pursuant to their quantified emission limitation and reduction
commitments inscribed in Annex B and in accordance with the
provisions of this Article, with a view to reducing their overall
emissions of such gases by at least 5 per cent below 1990
levels in the commitment period 2008 to 2012.

Each Party included in Annex I shall, by 2005, have made
2.
demonstrable progress in achieving its commitments under this
Protocol.

The net changes in greenhouse gas emissions by sources
3.
and removals by sinks resulting from direct human-induced
land-use change and forestry activities, limited to afforestation,
reforestation and deforestation since 1990, measured as
in each commitment
verifiable changes
period, shall be used to meet the commitments under this
Article of each Party included in Annex I. The greenhouse
gas emissions by sources and removals by sinks associated
with those activities shall be reported in a transparent and
verifiable manner and reviewed in accordance with Articles 7
and 8.

in carbon stocks

Prior to the first session of the Conference of the Parties
4.
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
its changes in carbon
enable an estimate to be made of
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
to how, and which,
modalities,
rules and guidelines as
in
related to changes
additional human-induced activities
greenhouse gas emissions by sources and removals by sinks
in the agricultural soils and the land-use change and forestry
categories shall be added to, or subtracted from, the assigned
amounts for Parties included in Annex I, taking into account
the
uncertainties,
methodological work of
the Intergovernmental Panel on
Climate Change, the advice provided by the Subsidiary Body
for Scientific and Technological Advice in accordance with
Article 5 and the decisions of the Conference of the Parties.
Such a decision shall apply in the second and subsequent
commitment periods. A Party may choose to apply such a
decision on these additional human-induced activities for its
first commitment period, provided that these activities have
taken place since 1990.

transparency in reporting, verifiability,

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The Parties included in Annex I undergoing the process
5.
of transition to a market economy whose base year or period
was established pursuant to decision 9/CP.2 of the Conference
of the Parties at its second session shall use that base year or
period for the implementation of their commitments under this
Article. Any other Party included in Annex I undergoing the
process of transition to a market economy which has not yet
submitted its first national communication under Article 12 of
the Convention may also notify the Conference of the Parties
serving as the meeting of the Parties to this Protocol that it
intends to use an historical base year or period other than
1990 for the implementation of its commitments under this
Article. The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall decide on the acceptance of
such notification.

in the implementation of

Taking into account Article 4, paragraph 6, of

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

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

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

9.
Commitments for subsequent periods for Parties included
in Annex I shall be established in amendments to Annex B to
this Protocol, which shall be adopted in accordance with the
provisions of Article 21, paragraph 7. The Conference of the
Parties serving as the meeting of the Parties to this Protocol
shall initiate the consideration of such commitments at least
seven years before the end of the first commitment period
referred to in paragraph 1 above.

10.
amount, which a Party acquires

Any emission reduction units, or any part of an assigned
from another Party in

accordance with the provisions of Article 6 or of Article 17
shall be added to the assigned amount for the acquiring Party.

11.
Any emission reduction units, or any part of an assigned
amount, which a Party transfers to another Party in accordance
with the provisions of Article 6 or of Article 17 shall be
subtracted from the assigned amount for the transferring Party.

12.
Any certified emission reductions which a Party acquires
from another Party in accordance with the provisions of Article
12 shall be added to the assigned amount for the acquiring
Party.

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

social,

adverse

to minimize

environmental

14.
Each Party included in Annex I shall strive to implement
the commitments mentioned in paragraph 1 above in such a
way as
and
economic impacts on developing country Parties, particularly
those identified in Article 4, paragraphs 8 and 9, of
the
Convention. In line with relevant decisions of the Conference
of the Parties on the implementation of those paragraphs, the
Conference of the Parties serving as the meeting of the Parties
to this Protocol shall, at its first session, consider what actions
are necessary to minimize the adverse effects of climate change
and/ or the impacts of response measures on Parties referred to
in those paragraphs. Among the issues to be considered shall
be the establishment of funding, insurance and transfer of tech-
nology.

Article 4

Any Parties included in Annex I that have reached an
1.
agreement to fulfil their commitments under Article 3 jointly,
shall be deemed to have met those commitments provided that
their total combined aggregate anthropogenic carbon dioxide
equivalent emissions of the greenhouse gases listed in Annex A
do not exceed their assigned amounts calculated pursuant to
their
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.

quantified

limitation

emission

and

The Parties to any such agreement shall notify the secre-
2.
tariat of the terms of the agreement on the date of deposit of
their instruments of ratification, acceptance or approval of this
Protocol, or accession thereto. The secretariat shall
in turn
inform the Parties and signatories to the Convention of the
terms of the agreement.

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Any such agreement shall remain in operation for the
the commitment period specified in Article 3,

3.
duration of
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
those
commitments under Article 3 that are adopted subsequent to
that alteration.

the purposes of

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

6.
If Parties acting jointly do so in the framework of, and
together with, a regional economic integration organization
which is itself a Party to this Protocol, each member State of
that regional economic integration organization individually,
and together with the regional economic integration organ-
ization acting in accordance with Article 24, shall,
in the
event of
failure to achieve the total combined level of
emission reductions, be responsible for its level of emissions
as notified in accordance with this Article.

Article 5

1.
Each Party included in Annex I shall have in place, no
later than one year prior to the start of the first commitment
period, a national system for the estimation of anthropogenic
emissions by sources and removals by sinks of all greenhouse
gases not controlled by the Montreal Protocol. Guidelines for
such national systems, which shall
incorporate the metho-
dologies 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.

the Parties at

2. Methodologies for estimating anthropogenic emissions by
sources and removals by sinks of all greenhouse gases not
controlled by the Montreal Protocol shall be those accepted
by the Intergovernmental Panel on Climate Change and
its third
agreed upon by the Conference of
session. Where such methodologies are not used, appropriate
adjustments shall be applied according to methodologies agreed
upon by the Conference of the Parties serving as the meeting
of the Parties to this Protocol at its first session. Based on the
work of,
inter alia, the Intergovernmental Panel on Climate
Change and advice provided by the Subsidiary Body for
Scientific and Technological Advice,
the
Parties serving as the meeting of the Parties to this Protocol
shall regularly review and, as appropriate, revise such metho-

the Conference of

dologies 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
3.
carbon dioxide equivalence of anthropogenic emissions by
sources and removals by sinks of greenhouse gases listed in
Annex A shall be those accepted by the Intergovernmental
Panel on Climate Change and agreed upon by the Conference
of the Parties at its third session. Based on the work of, inter
alia,
the Intergovernmental Panel on Climate Change and
advice provided by the Subsidiary Body for Scientific and Tech-
nological Advice, the Conference of the Parties serving as the
meeting of the Parties to this Protocol shall regularly review
and, as appropriate, revise the global warming potential of each
such greenhouse gas, taking fully into account any relevant
decisions by the Conference of the Parties. Any revision to a
global warming potential shall apply only to commitments
under Article 3 in respect of any commitment period
adopted subsequent to that revision.

Article 6

For

1.
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 supple-
mental to domestic actions for the purposes of meeting
commitments under Article 3.

2.
The Conference of the Parties serving as the meeting of
the Parties to this Protocol may, at its first session or as soon as
practicable thereafter,
the
implementation of this Article, including for verification and
reporting.

further elaborate guidelines

for

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

transfer or acquisition under

to the first
the Parties to this Protocol shall also, prior
commitment period, decide upon modalities for the accounting
of assigned amounts.

If a question of implementation by a Party included in
4.
Annex I of
the requirements referred to in this Article is
identified in accordance with the relevant provisions of
Article 8,
transfers and acquisitions of emission reduction
units may continue to be made after the question has been
identified, provided that any such units may not be used by a
Party to meet its commitments under Article 3 until any issue
of compliance is resolved.

Article 7

1.
Each Party included in Annex I shall incorporate in its
annual inventory of anthropogenic emissions by sources and
removals by sinks of greenhouse gases not controlled by the
Montreal Protocol, submitted in accordance with the relevant
the Parties,
decisions of
the necessary
the Conference of
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
2.
national communication, submitted under Article 12 of the
supplementary information necessary to
Convention,
demonstrate compliance with its commitments under
this
Protocol, to be determined in accordance with paragraph 4
below.

the

shall

submit

Each Party included in Annex I

the first national communication due under

3.
the
information required under paragraph 1 above annually,
beginning with the first inventory due under the Convention
for the first year of the commitment period after this Protocol
has entered into force for that Party. Each such Party shall
submit the information required under paragraph 2 above as
part of
the
Convention after this Protocol has entered into force for it
and after
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.

the adoption of guidelines as provided for

4.
The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall adopt at its first session, and
review periodically thereafter, guidelines for the preparation of
the information required under this Article, taking into account
guidelines for the preparation of national communications by
Parties included in Annex I adopted by the Conference of the
Parties. The Conference of the Parties serving as the meeting of

Article 8

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

2.
Expert review teams shall be coordinated by the secre-
tariat and shall be composed of experts selected from those
nominated by Parties to the Convention and, as appropriate, by
intergovernmental organizations, in accordance with guidance
provided for this purpose by the Conference of the Parties.

3.
The review process shall provide a thorough and compre-
hensive technical assessment of all aspects of the implemen-
tation 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 implemen-
tation of the commitments of the Party and identifying any
potential problems in, and factors influencing, the fulfilment
of commitments. Such reports shall be circulated by the secre-
tariat 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
4.
the Parties to this Protocol shall adopt at its first session, and
review periodically thereafter, guidelines for the review of
implementation of
review teams
taking into account the relevant decisions of the Conference
of the Parties.

this Protocol by expert

The Conference of the Parties serving as the meeting of
5.
the Parties to this Protocol shall, with the assistance of the
Subsidiary Body for Implementation and, as appropriate, the
Subsidiary Body for Scientific and Technological Advice,
consider:

(a) The information submitted by Parties under Article 7 and
the reports of the expert reviews thereon conducted under
this Article; and

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(b) Those questions of implementation listed by the secretariat
under paragraph 3 above, as well as any questions raised
by Parties.

national communications adopted by the Conference of
the Parties;

6.
Pursuant to its consideration of the information referred
to in paragraph 5 above, the Conference of the Parties serving
take
as the meeting of
decisions on any matter required for the implementation of
this Protocol.

the Parties to this Protocol shall

Article 9

technical,

to this Protocol

1.
The Conference of the Parties serving as the meeting of
shall periodically review this
the Parties
Protocol in the light of the best available scientific information
and assessments on climate change and its impacts, as well as
relevant
social and economic information. Such
reviews shall be coordinated with pertinent reviews under the
required by Article 4,
Convention,
those
paragraph 2(d),
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.

and Article 7, paragraph 2(a), of

in particular

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

Article 10

All Parties, taking into account their common but differentiated
responsibilities and their specific national and regional devel-
opment priorities, objectives and circumstances, without intro-
ducing any new commitments for Parties not
included in
Annex I, but reaffirming existing commitments under Article
4, paragraph 1, of the Convention, and continuing to advance
the implementation of these commitments in order to achieve
sustainable development,
taking into account Article 4,
paragraphs 3, 5 and 7, of the Convention, shall:

national

appropriate,

(a) Formulate, where relevant and to the extent possible, cost-
regional
and, where
effective
local emission
programmes to improve the quality of
factors, activity data and/ or models which reflect
the
socio-economic conditions of each Party for the prep-
inventories of
aration and periodic updating of national
anthropogenic emissions by sources and removals by
sinks of all greenhouse gases not controlled by the
Montreal Protocol, using comparable methodologies to be
the Parties, and
agreed upon by the Conference of
the preparation of
consistent with the guidelines

for

(b) Formulate,

implement, publish and regularly update
regional programmes
change and
climate
to facilitate adequate adaptation to climate

national and, where appropriate,
containing measures
to mitigate
measures
change:

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

this

under

including

(ii) Parties included in Annex I shall submit information on
action
national
Protocol,
programmes, in accordance with Article 7; and other
Parties shall seek to include in their national communi-
information on programmes
cations, as appropriate,
the Party believes
which contain measures
contribute
and its
adverse impacts, including the abatement of increases
in greenhouse gas emissions, and enhancement of and
removals by sinks, capacity building and adaptation
measures;

to addressing climate

change

that

(c) Cooperate in the promotion of effective modalities for the
development, application and diffusion of, and take all
facilitate and finance, as
practicable steps to promote,
appropriate, the transfer of, or access to, environmentally
sound technologies, know-how, practices and processes
in particular to developing
pertinent to climate change,
countries,
and
programmes for the effective transfer of environmentally
sound technologies that are publicly owned or in the
public domain and the creation of an enabling environment
for the private sector, to promote and enhance the transfer
of, and access to, environmentally sound technologies;

formulation of policies

including the

(d) Cooperate in scientific and technical research and promote
the maintenance and the development of systematic obser-
vation 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
endogenous
capacities and capabilities to participate in international
and intergovernmental efforts, programmes and networks
on research and systematic observation, taking into account
Article 5 of the Convention;

strengthening

development

and

of

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(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
for developing countries, and
this
facilitate at
level public awareness of, and
public access to information on, climate change. Suitable
these
modalities
activities through the relevant bodies of the Convention,
taking into account Article 6 of the Convention;

should be developed to implement

in particular
the national

field,

(f)

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

(g) Give full consideration, in implementing the commitments
the

to Article 4, paragraph 8, of

this Article,

under
Convention.

Article 11

1.
In the implementation of Article 10, Parties shall take
into account the provisions of Article 4, paragraphs 4, 5, 7,
8 and 9, of the Convention.

the Convention,

In the context of

the implementation of Article 4,
2.
paragraph 1, of
in accordance with the
provisions of Article 4, paragraph 3, and Article 11 of the
Convention, and through the entity or entities entrusted with
the operation of the financial mechanism of the Convention,
the developed country Parties and other developed Parties
included in Annex II to the Convention shall:

(a) Provide new and additional financial resources to meet the
agreed full costs incurred by developing country Parties in
advancing the implementation of existing commitments
under Article 4, paragraph 1(a), of the Convention that
are covered in Article 10, subparagraph (a); and

(b) Also provide such financial resources,

to meet

the agreed full

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

the Convention,

The implementation of these existing commitments shall
take into account the need for adequacy and predictability
in the flow of funds and the importance of appropriate
burden sharing among developed country Parties. The
guidance to the entity or entities entrusted with the
operation of the financial mechanism of the Convention
the Parties,
in relevant decisions of
including those
this
Protocol, shall apply mutatis mutandis to the provisions
of this paragraph.

the Conference of
the

agreed before

adoption of

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

themselves of,
the implementation of Article 10,

for

Article 12

1.

A clean development mechanism is hereby defined.

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

included in Annex I

3.

Under the clean development mechanism:

(a) Parties not included in Annex I will benefit from project
activities resulting in certified emission reductions; and

accruing

(b) Parties included in Annex I may use the certified emission
to
activities
reductions
contribute to compliance with part of
their quantified
emission limitation and reduction commitments under
Article 3, as determined by the Conference of the Parties
serving as the meeting of the Parties to this Protocol.

from such project

4.
The clean development mechanism shall be subject to the
authority and guidance of the Conference of the Parties serving
as the meeting of the Parties to this Protocol and be supervised
by an executive board of the clean development mechanism.

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

(a) Voluntary participation approved by each Party involved;

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(b) Real, measurable, and long-term benefits related to the

mitigation of climate change; and

(c) Reductions in emissions that are additional to any that
would occur in the absence of the certified project activity.

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

The

6.
clean development mechanism shall
arranging funding of certified project activities as necessary.

assist

in

7.
The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall, at its first session, elaborate
modalities and procedures with the objective of ensuring trans-
parency, efficiency and accountability through independent
auditing and verification of project activities.

The Conference of the Parties serving as the meeting of
8.
the Parties to this Protocol shall ensure that a share of the
proceeds from certified project activities is used to cover
administrative
to assist developing
as well
country Parties that are particularly vulnerable to the adverse
effects of climate change to meet the costs of adaptation.

expenses

as

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

Certified emission reductions obtained during the period
the first
in achieving

10.
from the year 2000 up to the beginning of
commitment period can be used to assist
compliance in the first commitment period.

Article 13

1.
The Conference of the Parties, the supreme body of the
Convention, shall serve as the meeting of the Parties to this
Protocol.

2.
Parties to the Convention that are not Parties to this
Protocol may participate as observers in the proceedings of
any session of the Conference of the Parties serving as the
meeting of the Parties to this Protocol. When the Conference
the Parties to this
of
Protocol, decisions under this Protocol shall be taken only by
those that are Parties to this Protocol.

the Parties serves as the meeting of

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

(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
objective of the Convention, the experience gained in its
implementation and the evolution of scientific and tech-
nological knowledge, and in this respect consider and
adopt
this
Protocol;

reports on the implementation of

the Convention,

in the light of

regular

information on
(c) Promote and facilitate the exchange of
measures adopted by the Parties
climate
change and its effects, taking into account the differing
the
circumstances,
this
Parties and their
Protocol;

and capabilities of
respective commitments under

responsibilities

to address

(d) Facilitate, at the request of two or more Parties, the coor-
dination of measures adopted by them to address climate
change and its effects, taking into account the differing
the
circumstances,
Parties and their
this
Protocol;

and capabilities of
respective commitments under

responsibilities

(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
to this
the meeting of
Parties
Protocol;

the Parties

serving as

(f) Make recommendations on any matters necessary for the

implementation of this Protocol;

(g) Seek

to mobilize

additional

financial

resources

in

accordance with Article 11, paragraph 2;

4.
The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall keep under regular review the

(h) Establish such subsidiary bodies as are deemed necessary

for the implementation of this Protocol;

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(i) Seek and utilize, where appropriate, the services and coop-
eration of, and information provided by, competent inter-
national
and
and
non-governmental bodies; and

intergovernmental

organizations

(j) Exercise such other functions as may be required for the
any
implementation of
assignment resulting from a decision by the Conference of
the Parties.

Protocol,

consider

and

this

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

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

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

governmental

The United Nations, its specialized agencies and the Inter-
8.
national Atomic Energy Agency, as well as any State member
thereof or observers thereto not party to the Convention, may
be represented at sessions of the Conference of the Parties
serving as the meeting of
the Parties to this Protocol as
observers. Any body or agency, whether national or inter-
national,
non-governmental, which is
qualified in matters covered by this Protocol and which has
its wish to be represented at a
informed the secretariat of
the
session of
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.

the Conference of

the Parties

serving as

or

Article 14

The secretariat established by Article 8 of the Convention

1.
shall serve as the secretariat of this Protocol.

Article 8, paragraph 2, of

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

shall,

Article 15

1.
The Subsidiary Body for Scientific and Technological
Advice and the Subsidiary Body for Implementation established
by Articles 9 and 10 of
the Convention shall serve as,
respectively,
the Subsidiary Body for Scientific and Tech-
nological Advice and the Subsidiary Body for Implementation
of this Protocol. The provisions relating to the functioning of
these two bodies under the Convention shall apply mutatis
mutandis to this Protocol. Sessions of
the
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.

the meetings of

2.
Parties to the Convention that are not Parties to this
Protocol may participate as observers in the proceedings of
the subsidiary bodies. When the subsidiary
any session of
bodies
this Protocol,
decisions under this Protocol shall be taken only by those
that are Parties to this Protocol.

the subsidiary bodies of

serve as

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

subsidiary bodies

those

Article 16

The Conference of the Parties serving as the meeting of the
Parties to this Protocol shall, as soon as practicable, consider
the application to this Protocol of, and modify as appropriate,
the multilateral consultative process referred to in Article 13 of
the Convention, in the light of any relevant decisions that may
be taken by the Conference of the Parties. Any multilateral
consultative process that may be applied to this Protocol
shall operate without prejudice to the procedures and mech-
anisms established in accordance with Article 18.

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Article 17

The Conference of the Parties shall define the relevant prin-
ciples, modalities, rules and guidelines, in particular for verifi-
cation, reporting and accountability for emissions trading. The
Parties included in Annex B may participate in emissions
trading for
fulfilling their commitments
under Article 3. Any such trading shall be supplemental to
domestic actions
the purpose of meeting quantified
emission limitation and reduction commitments under that
Article.

the purposes of

for

Article 18

The Conference of the Parties serving as the meeting of the
Parties to this Protocol shall, at its first session, approve appro-
priate 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 conse-
quences shall be adopted by means of an amendment to this
Protocol.

Article 19

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

Article 20

1.

Any Party may propose amendments to this Protocol.

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

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

4.
Instruments of acceptance in respect of an amendment
shall be deposited with the Depositary. An amendment adopted
in accordance with paragraph 3 above shall enter into force for
those Parties having accepted it on the ninetieth day after the

date of
acceptance by at
Protocol.

receipt by the Depositary of an instrument of
the Parties to this

three fourths of

least

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

Article 21

Annexes to this Protocol shall

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

2.
Any Party may make proposals for an annex to this
Protocol and may propose amendments to annexes to this
Protocol.

3.
Annexes to this Protocol and amendments to annexes to
this Protocol shall be adopted at an ordinary session of the
Conference of the Parties serving as the meeting of the Parties
text of any proposed annex or
to this Protocol. The
to an annex shall be communicated to the
amendment
Parties by the secretariat at
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.

least

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

the annex or amendment

to an annex

amendment

the date of

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

the

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

Amendments to Annexes A and B to this Protocol shall
into force in accordance with the
set out
any
in Article 20, provided
to Annex B shall be adopted only with the

7.
be adopted and enter
procedure
amendment
written consent of the Party concerned

that

Article 22

Each Party shall have one vote, except as provided for in

1.
paragraph 2 below.

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

Article 23

The Secretary-General of
Depositary of this Protocol.

the United Nations shall be the

Article 25

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

2.
For the purposes of this Article, (cid:145)the total carbon dioxide
emissions for 1990 of the Parties included in Annex I(cid:146) 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 organ-
3.
ization that
ratifies, accepts or approves this Protocol or
accedes thereto after the conditions set out in paragraph 1
above for entry into force have been fulfilled, this Protocol
shall enter into force on the ninetieth day following the date
of deposit of its instrument of ratification, acceptance, approval
or accession.

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

Article 24

No reservations may be made to this Protocol.

Article 26

1.
This Protocol shall be open for signature and subject to
ratification, acceptance or approval by States and regional
economic integration organizations which are Parties to the
Convention. It shall be open for signature at United Nations
Headquarters in New York from 16 March 1998 to 15 March
1999. This Protocol shall be open for accession from the day
after the date on which it is closed for signature. Instruments
ratification, acceptance, approval or accession shall be
of
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 organ-
ization and its member States shall decide on their respective
responsibilities for the performance of their obligations under
this Protocol. In such cases, the organization and the member
States shall not be entitled to exercise rights under this Protocol
concurrently.

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

Article 27

At any time after three years from the date on which this
1.
Protocol has entered into force for a Party, that Party may
withdraw from this Protocol by giving written notification to
the Depositary.

Any such withdrawal shall take effect upon expiry of one
2.
year from the date of receipt by the Depositary of the notifi-
cation 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

3.
considered as also having withdrawn from this Protocol.

Article 28

The original of this Protocol, of which the Arabic, Chinese,
English,
equally
authentic, shall be deposited with the Secretary-General of
the United Nations.

French, Russian and Spanish texts

are

Done at Kyoto this eleventh day of December one thousand
nine hundred and ninety-seven.

In witness whereof the undersigned, being duly authorized to
that effect, have affixed their signatures to this Protocol on the
dates indicated.

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Annex A

Greenhouse gases

Carbon dioxide (CO2)

Methane (CH4)

Nitrous oxide (N2O)

Hydrofluorocarbons (HFCs)

Perfluorocarbons (PFCs)

Sulphur hexafluoride (SF6)

Sectors/source categories

Energy

(cid:151) Fuel combustion

(cid:151) Energy industries

(cid:151) Manufacturing industries and construction

(cid:151) Transport

(cid:151) Other sectors

(cid:151) Other

(cid:151) Fugitive emissions from fuels

(cid:151) Solid fuels

(cid:151) Oil and natural gas

(cid:151) Other

Industrial processes

(cid:151) Mineral products

(cid:151) Chemical industry

(cid:151) Metal production

(cid:151) Other production

(cid:151) Production of halocarbons and sulphur hexafluoride

(cid:151) Consumption of halocarbons and sulphur hexafluoride

(cid:151) Other

Solvent and other product use

Agriculture

(cid:151) Enteric fermentation

(cid:151) Manure management

(cid:151) Rice cultivation

(cid:151) Agricultural soils

(cid:151) Prescribed burning of savannas

(cid:151) Field burning of agricultural residues

(cid:151) Other

Waste

(cid:151) Solid waste disposal on land

(cid:151) Wastewater handling

(cid:151) Waste incineration

(cid:151) Other

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Annex B

Party

(percentage of base year or period)

Quantified emission limitation or reduction
commitment

Australia

Austria

Belgium

Bulgaria (*)

Canada

Croatia (*)

Czech Republic (*)

Denmark

Estonia (*)

European Community

Finland

France

Germany

Greece

Hungary (*)

Iceland

Ireland

Italy

Japan

Latvia (*)

Liechtenstein

Lithuania (*)

Luxembourg

Monaco

Netherlands

New Zealand

Norway

Poland (*)

Portugal

Romania (*)

Russian Federation (*)

Slovakia (*)

Slovenia (*)

Spain

Sweden

Switzerland

Ukraine (*)

United Kingdom of Great Britain of Northern Ireland

United States of America

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

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

C 75 E/32

EN

Official Journal of the European Communities

26.3.2002

TABLE OF EMISSION LEVELS ALLOCATED TO THE EUROPEAN COMMUNITY AND ITS MEMBER STATES
IN ACCORDANCE WITH ARTICLE 4 OF THE KYOTO PROTOCOL

ANNEX II

Quantified emission limitation or reduction commitment allocated in
accordance with Article 4(1) of the Kyoto Protocol

(percentage of base year or period)

European Community

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

92 %

92,5 %

79 %

79 %

125 %

115 %

100 %

113 %

93,5 %

72 %

94 %

87 %

127 %

100 %

104 %

87,5 %

ANNEX III

DECLARATION BY THE EUROPEAN COMMUNITY MADE IN ACCORDANCE WITH ARTICLE 24(3) OF THE
KYOTO PROTOCOL

The following States are presently members of the European Community: the Kingdom of Belgium, the Kingdom of
Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland,
the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the
Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and
Northern Ireland.

The European Community declares that, in accordance with the Treaty establishing the European Community, and in
particular its Article 174(4),
it is competent for entering into international agreements, and for implementing the
obligations resulting therefrom, which contribute to the pursuit of the following perspectives:

(cid:151) preserving, protecting and improving the quality of the environment;

(cid:151) protecting human health;

(cid:151) prudent and rational utilisation of natural resources;

(cid:151) promoting measures at international level to deal with regional or world wide environmental problems.

Moreover, the European Community declares that it has already adopted legal instruments, binding on its Member
States, covering matters governed by this Protocol.