2002/358/EC: Council Decision of 25 April 2002 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: 2002-05-15
Institutions: Council of the European Union
Subjects: UN convention, air quality, climate change, environmental policy, environmental protection, greenhouse gas

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 25 April 2002

concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the
fulfilment of
United Nations Framework Convention on Climate Change and the joint

commitments thereunder

(2002/358/CE)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1)
in conjunction
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 (1),

Having regard to the Opinion of the European Parliament (2),

Whereas:

(1)

(2)

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
the United Nations
concerning the
conclusion of
Framework Convention on Climate Change (3),
is to
achieve stabilisation of greenhouse-gas concentrations in
the atmosphere at a level which prevents dangerous
anthropogenic interference with the climate system.

the

session,

concluded that

The Conference of the Parties to the Convention, at its
commitment by
first
developed countries to aim at returning, individually or
their emissions of carbon dioxide and other
jointly,
greenhouse gases not
controlled by the Montreal
Protocol to the Convention for the Protection of the
Ozone Layer to 1990 levels by the year 2000 was
inadequate for achieving the Convention’s long-term
objective
anthropogenic
interference with the climate system. The Conference
further agreed to begin a process to enable appropriate

preventing

dangerous

of

(1) OJ C 75 E, 26.3.2002, p. 17.
(2) Opinion delivered on 6 February 2002 (not yet published in the

Official Journal).

(3) OJ L 33, 7.2.1994, p. 11.

action to be taken for the period beyond 2000, through
the
legal
adoption
instrument (4).

protocol

another

or

of

a

(3)

(4)

(5)

(6)

This process resulted in the adoption on 11 December
to the United Nations
1997 of
Framework Convention on Climate Change
((cid:145)the
Protocol(cid:146)) (5).

the Kyoto Protocol

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 Protocol at the sixth session of the
Conference of the Parties (6).

The core elements for the implementation of the Buenos
Aires Plan of Action were agreed upon by consensus by
the Conference of
its resumed sixth
the Parties at
session in Bonn from 19 to 27 July 2001 (7).

A range of decisions giving effect
to the Bonn
Agreements were
consensus by
the
Conference of
its seventh session in
Marrakech from 29 October to 10 November 2001 (8).

the Parties at

adopted by

(4) 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

(5) Decision 1/CP.3:

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

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

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

(cid:145)Implementation of

the Buenos Aires Plan of

Action(cid:146).

(8) Decisions 2-24/CP.7: (cid:145)The Marrakech Accords(cid:146).

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(7)

(8)

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

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 integration organisation.

(13)

(9) 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.

(10)

(11)

(12)

are

and

States

their commitments

In deciding to fulfil
jointly in
accordance with article 4 of the Kyoto Protocol, the
Community
jointly
the Member
responsible, under paragraph 6 of that article and in
accordance with article 24(2) of the Protocol, for the
fulfilment by the Community of its quantified emission
reduction commitment under Article 3(1) of
the
Protocol. Consequently, and in accordance with Article
10 of the Treaty establishing the European Community,
Member States individually and collectively have the
obligation to take all appropriate measures, whether
the
general or particular,
the
obligations
the
institutions
Community’s
reduction
the
commitment under
achievement of this commitment and to abstain from
any measure that could jeopardise the attainment of this
commitment.

resulting
the
of
quantified

fulfilment of
taken
by
including

to ensure
from action
Community,

the Protocol,

to facilitate

emission

The legal base of any further Decision in relation to the
approval by the Community of future commitments in
respect of emission reductions will be determined by the
content and effect of that Decision.

The Council agreed upon the contributions of each
Member State to the overall Community reduction
commitment
in the Council conclusions of 16 June
1998 (1). Certain Member States expressed assumptions
concerning base year emissions and common and
coordinated policies and measures. The contributions
are differentiated to take account i.a. of expectations for
economic growth,
the energy mix and the industrial
structure of the respective Member State. The Council
further agreed that the terms of the agreement would be
included in the Council Decision on the approval of the
Protocol by the Community. Article 4(2) of the Protocol
requires the Community and its Member States to notify
the
the
Convention, of the terms of this agreement on the date
ratification or
of deposit of
approval. The Community and its Member States have

established by Article 8 of

instruments of

Secretariat,

their

an obligation to take measures in order to enable the
Community to fulfil its obligations under the Protocol
without prejudice to the responsibility of each Member
State towards the Community and other Member States
to fulfilling its own commitments.

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 emissions are definitively established and at
the latest before the start of the commitment period, the
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 (2).

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

The Laeken European Council on 14 and 15 December
2001 confirmed the Union’s determination to honour
its commitment under the Kyoto Protocol and its desire
that the Protocol should come into force before the
Johannesburg World
Sustainable
Development, 26 August to 4 September 2002.

Summit

on

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (3),

(14)

(15)

(16)

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.

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

(2) OJ L 167, 9.7.1993, p. 31. Decision as last amended by Decision

1999/296/EC (OJ L 117, 5.5.1999, p. 35).

(3) OJ L 184, 17.7.1999, p. 23.

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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, and
with full regard to the provisions of Article 10 of the Treaty
establishing the European Community.

The quantified emission limitation and reduction commitments
agreed by the European Community and its Member States for
the purpose of determining the respective emission levels
allocated to each of them for the first quantified emission
limitation and reduction commitment period, from 2008 to
2012, are set out in Annex II.

The European Community and its Member States shall take the
necessary measures to comply with the emission levels set out
in Annex II, as determined in accordance with Article 3 of this
Decision.

the European Community,

behalf of
this Decision to the
Secretariat of the United Nations Framework Convention on
Climate Change in accordance with Article 4(2) of
the
Protocol.

The President of

is hereby authorised to
the Council
2.
designate the person or persons empowered to deposit, on the
same date as the notification referred to in paragraph 1, the
the
instrument of approval with the Secretary-General of
United Nations
the
in accordance with Article 24(1) of
Protocol, in order to express the consent of the Community to
be bound.

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 3

Article 6

respective

The Commission shall, at the latest by 31 December 2006 and
in accordance with the procedure referred to in Article 4(2) of
this Decision, determine
emission levels
the
allocated to the European Community and to each Member
State in terms of tonnes of carbon dioxide equivalent following
the establishment of definitive base-year emission figures and
on the basis of the quantified emission limitation or reduction
commitments set out in Annex II, taking into account the
methodologies
for estimating anthropogenic emissions by
sources and removals by sinks referred to in Article 5(2) of the
Protocol and the modalities for the calculation of assigned
amount pursuant to Article 3(7) and (8) of the Protocol.

The assigned amount of the European Community and of each
Member State shall be equal to its respective emission level
determined in accordance with this Article.

Article 4

The Commission shall be assisted by the committee

1.
instituted by Article 8 of Decision 93/389/EEC.

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

instruments of

1. When depositing their
ratification or
approval of the Protocol, Member States shall notify, at the
same time and on their own behalf,
this Decision to the
Secretariat of the United Nations Framework Convention on
Climate Change in accordance with Article 4(2) of
the
Protocol.

2. Member States shall endeavour to take the necessary
steps with a view to depositing their instruments of ratification
the European
or approval
simultaneously with those of
far as
Community and the other Member States and as
possible not later than 1 June 2002.

3. Member States shall
inform the Commission not later
than 1 April 2002 of their decisions to ratify or to approve
the
the Protocol or, according to the circumstances, of
probable date of completion of the requisite procedures. The
Commission shall,
in cooperation with the Member States,
arrange a date for depositing the instruments of ratification or
approval simultaneously.

Article 7

This Decision is addressed to the Member States.

3.

The Committee shall adopt its rules of procedure.

Done at Luxembourg, 25 April 2002.

Article 5

The President of

1.
is hereby authorised to
the Council
designate the person or persons empowered to notify, on

For the Council

The President

M. RAJOY BREY

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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

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

1)

(cid:145)Conference of the Parties(cid:146) means the Conference of the
Parties to the Convention.

2 (cid:145)Convention(cid:146) means

Framework
Convention on Climate Change, adopted in New York on
9 May 1992.

the United Nations

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.

Article 2

Each Party included in Annex I,

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

(a)

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

3 (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.

(i)

(ii)

4 (cid:145)Montreal Protocol(cid:146) means

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

Enhancement of energy efficiency in relevant sectors
of the national economy;

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

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.

(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
sound
technologies;

environmentally

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(v)

fiscal

incentives,

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

and

and

tax

4.
The Conference of the Parties serving as the meeting of
it would be
if
the Parties to this Protocol,
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

(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;

Article 3

(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;

(b) Cooperate with other

to enhance

such Parties

the
individual and combined effectiveness of their policies and
measures adopted under this Article, pursuant to Article 4,
paragraph 2(e)(i), of the Convention. To this end, these
Parties shall
take steps to share their experience and
exchange information on such policies and measures,
their
including
ways
comparability,
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.

improving
effectiveness.

transparency

developing

of
and

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,
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
this
paragraph.

implementation of

the provisions of

the

The Parties included in Annex I shall,

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

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

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

in carbon stocks

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
to how, and which,
modalities,
rules and guidelines as
additional human-induced activities
in
related to changes
greenhouse gas emissions by sources and removals by sinks in
the agricultural soils and the land-use change and forestry
categories shall be added to, or subtracted from, the assigned
amounts for Parties included in Annex I, taking into account
uncertainties,
the
methodological work of
the Intergovernmental Panel on
Climate Change, the advice provided by the Subsidiary Body

in reporting, verifiability,

transparency

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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.

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.

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

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.

10.
Any emission reduction units, or any part of an
assigned amount, which a Party acquires from another Party in
accordance with the provisions of Article 6 or of Article 17
shall be added to the assigned amount for the acquiring Party.

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

for

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.

in Annex B of

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
its aggregate
it
percentage inscribed for
anthropogenic carbon dioxide equivalent emissions of
the
greenhouse gases listed in Annex A in 1990, or the base year
or period determined in accordance with paragraph 5 above,
multiplied by five. Those Parties included in Annex I for whom
land-use change and forestry constituted a net source of
greenhouse gas emissions in 1990 shall include in their 1990
emissions base year or period the aggregate anthropogenic
carbon dioxide
sources minus
removals by sinks in 1990 from land-use change for the
purposes of calculating their assigned amount.

emissions by

equivalent

Any Party included in Annex I may use 1995 as its base
8.
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

shall

strive

country

economic

the Convention.

In line with relevant decisions of

Each Party included in Annex I

14.
to
implement the commitments mentioned in paragraph 1 above
in such a way as to minimize adverse social, environmental
and
Parties,
impacts on developing
particularly those identified in Article 4, paragraphs 8 and 9,
the
of
those
Conference of
paragraphs,
the
meeting of the Parties to this Protocol shall, at its first session,
consider what actions are necessary to minimize the adverse
effects of climate change and/or the impacts of response
measures on Parties referred to in those paragraphs. Among
the issues to be considered shall be the establishment of
funding, insurance and transfer of technology.

the Parties on the implementation of

the Conference of

the Parties

serving as

Article 4

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

quantified

limitation

emission

and

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allocated to each of the Parties to the agreement shall be set
out in that agreement.

the terms of

The Parties to any such agreement

shall notify the
2.
the agreement on the date of
secretariat of
deposit of
ratification, acceptance or
approval of this Protocol, or accession thereto. The secretariat
shall
to the
Convention of the terms of the agreement.

in turn inform the Parties and signatories

instruments of

their

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

In the event of

5.
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.

failure by the Parties

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,
integration
and
organization acting in accordance with Article 24, shall, in the
event of failure to achieve the total combined level of emission
reductions, be responsible for its level of emissions as notified
in accordance with this Article.

together with

economic

regional

the

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
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.

systems, which

incorporate

national

shall

2. Methodologies for estimating anthropogenic emissions by
sources and removals by sinks of all greenhouse gases not
controlled by the Montreal Protocol shall be those accepted by
the Intergovernmental Panel on Climate Change and agreed
upon by the Conference of the Parties at its third session.
Where
appropriate
shall be applied according to methodologies
adjustments

such methodologies

are not used,

agreed upon by the Conference of the Parties serving as the
meeting of the Parties to this Protocol at its first session. Based
on the work of,
inter alia, the Intergovernmental Panel on
Climate Change and advice provided by the Subsidiary Body
for Scientific and Technological Advice, the Conference of the
Parties serving as the meeting of the Parties to this Protocol
shall
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.

regularly review and,

appropriate,

revise

as

3.
The global warming potentials used to calculate the
carbon dioxide equivalence of anthropogenic emissions by
sources and removals by sinks of greenhouse gases listed in
Annex A shall be those accepted by the Intergovernmental
Panel on Climate Change and agreed upon by the Conference
of the Parties at its third session. Based on the work of, inter
alia,
the Intergovernmental Panel on Climate Change and
advice provided by the Subsidiary Body for Scientific and
Technological Advice, the Conference of the Parties serving as
the meeting of
the Parties to this Protocol shall regularly
review and, as appropriate, revise the global warming potential
of each such greenhouse gas, taking fully into account any
the Parties. Any
relevant decisions by the Conference of
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

the purpose of meeting its commitments under
1.
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
the economy,
sinks of greenhouse gases in any sector of
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

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(d) The acquisition of emission reduction units

shall be
to domestic actions for the purposes of

supplemental
meeting commitments under Article 3.

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

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

transfer or acquisition under

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.

2.
Each Party included in Annex I shall incorporate in its
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 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.

for

guidelines

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

the Parties. The Conference of

this Article,
preparation

Article 8

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

amounts. Additionally,

assigned

and

Expert

shall be

review teams

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

The

review process

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

those questions of

to all Parties

shall

list

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 this Protocol by expert review teams taking
into account the relevant decisions of 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

5.
The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall, with the assistance of the

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Subsidiary Body for Implementation and, as appropriate, the
Subsidiary Body for Scientific and Technological Advice,
consider:

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

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

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

the Parties to this Protocol shall

Article 9

to this Protocol

The Conference of the Parties serving as the meeting of
1.
the Parties
shall periodically review this
Protocol in the light of the best available scientific information
and assessments on climate change and its impacts, as well as
technical, social and economic information. Such
relevant
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

into

their

taking

Parties,

account

common

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

implementation

advance

to

of

(a) Formulate, where relevant and to the extent possible,
regional
cost-effective national and, where appropriate,
local emission
programmes to improve the quality of
the
factors, activity data and/or models which reflect
socio-economic
the
for
preparation and periodic updating of national inventories
of anthropogenic emissions by sources and removals by
sinks of all greenhouse gases not controlled by the

conditions

Party

each

of

Montreal Protocol, using comparable methodologies to be
the Parties, and
agreed upon by the Conference of
consistent with the guidelines
the preparation of
national communications adopted by the Conference of the
Parties;

for

(b) Formulate,

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

national and, where appropriate,
containing measures
measures
change:

(i) Such programmes would,

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

forestry

seek

shall

(ii) Parties included in Annex I shall submit information
on action under
including national
this Protocol,
programmes, in accordance with Article 7; and other
in their national
to include
Parties
information on
communications,
programmes which contain measures that
the Party
believes contribute to addressing climate change and its
adverse impacts, including the abatement of increases
in greenhouse gas emissions, and enhancement of and
removals by sinks, capacity building and adaptation
measures;

appropriate,

as

(c) Cooperate in the promotion of effective modalities for the
development, application and diffusion of, and take all
practicable steps to promote,
facilitate and finance, as
appropriate, the transfer of, or access to, environmentally
sound technologies, know-how, practices and processes
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
of
and
creation
public
enabling
environment
to promote and
the private sector,
enhance the transfer of, and access to, environmentally
sound technologies;

formulation of policies

domain
for

including the

the

an

(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
of
endogenous capacities and capabilities to participate in
international and intergovernmental efforts, programmes
and networks on research and systematic observation,
taking into account Article 5 of the Convention;

strengthening

development

and

the

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of

including the

implementation

(e) Cooperate in and promote at the international level, and,
where appropriate, using existing bodies, the development
education
and
training
and
programmes,
strengthening of national
capacity building,
in particular human and institutional
capacities and the exchange or secondment of personnel to
in particular for developing
train experts in this field,
countries, and facilitate at
level public
awareness of, and public access to information on, climate
change. Suitable modalities
should be developed to
implement these activities through the relevant bodies of
the Convention,
the
Convention;

taking into account Article 6 of

the national

(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.

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
Conference of the Parties,
including those agreed before the
adoption of this Protocol, shall apply mutatis mutandis to the
provisions of this paragraph.

the Convention in relevant decisions of

The developed country Parties and other developed
3.
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.

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.

included in Annex I

2.
The purpose of the clean development mechanism shall
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
in achieving compliance with their quantified
Annex I
under
limitation and
emission
Article 3.

commitments

reduction

the Convention,

In the context of

2.
the implementation of Article 4,
in accordance with the
paragraph 1, of
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:

3.

Under the clean development mechanism:

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

(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

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

(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
in
entities referred to in Article 11 of the Convention,
accordance with that Article.

The clean development mechanism shall be subject to the
4.
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.

The implementation of these existing commitments shall take
into account the need for adequacy and predictability in the

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:

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(a) Voluntary participation approved by each Party involved;

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

mitigation of climate change; and

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

The

6.
assist
arranging funding of certified project activities as necessary.

clean development mechanism shall

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
through
and
transparency,
independent auditing and verification of project activities.

accountability

efficiency

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 expenses as well as to assist developing country
Parties that are particularly vulnerable to the adverse effects of
climate change to meet the costs of adaptation.

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

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
of
the Parties to this
Protocol, decisions under this Protocol shall be taken only by
those that are Parties to this Protocol.

the Parties serves as the meeting of

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

4.
The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall keep under regular review the
implementation of this Protocol and shall make, within its
the decisions necessary to promote its effective
mandate,
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,
the
paragraph 2, of
objective of the Convention, the experience gained in its
implementation and the
and
technological knowledge, and in this respect consider and
this
adopt
Protocol;

reports on the implementation of

the Convention,

in the light of

evolution of

scientific

regular

(c) Promote and facilitate the exchange of

information on
measures adopted by the Parties to address climate change
differing
and
into
its
the
circumstances,
Parties and their
this
Protocol;

taking
responsibilities
respective

and capabilities of
commitments under

account

effects,

the

(d) Facilitate, at

the request of

two or more Parties,

the
coordination of measures adopted by them to address
climate change and its effects,
the
differing circumstances, responsibilities and capabilities of
the Parties and their respective commitments under this
Protocol;

taking into account

(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
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;

methodologies

the

for

3. When the Conference of the Parties serves as the meeting
of the Parties to this Protocol, any member of the Bureau of

(f) Make recommendations on any matters necessary for the

implementation of this Protocol;

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(g) Seek

to mobilize

additional

financial

resources

in

accordance with Article 11, paragraph 2;

Article 14

(h) Establish such subsidiary bodies as are deemed necessary

for the implementation of this Protocol;

(i) Seek and utilize, where appropriate,

the services and
cooperation of, and information provided by, competent
international organizations and intergovernmental and
non-governmental bodies; and

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 shall, in addition, exercise the functions assigned to
it under this Protocol.

Article 15

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

and consider

Protocol,

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
the
Parties, unless otherwise decided by the Conference of
Parties serving as the meeting of the Parties to this Protocol.

Extraordinary sessions of the Conference of the Parties
7.
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,
the request being
provided that, within six months of
communicated to the Parties by the secretariat, it is supported
by at least one third of the Parties.

The United Nations,

thereof or observers

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

the

Body
the

Scientific
Body

Subsidiary
and

for
Subsidiary

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

to this Protocol. Sessions of
for
Subsidiary

Scientific
Body

Subsidiary

Body

and

the

the

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

3. When the subsidiary bodies established by Articles 9 and
10 of the Convention exercise their functions with regard to
matters concerning this Protocol, any member of the Bureaux
representing a Party to the
of
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 mechanisms
established in accordance with Article 18.

Article 17

The Conference of
principles, modalities, rules and guidelines,

shall define the relevant
in particular for

the Parties

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

for

acceptance by at
Protocol.

least

three fourths of

the Parties to this

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 18

The Conference of the Parties serving as the meeting of the
its first session, approve
Parties to this Protocol shall, at
to
appropriate and effective procedures and mechanisms
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
type, degree and frequency of non-compliance. Any
cause,
entailing
procedures and mechanisms under
binding consequences
shall be adopted by means of an
amendment to this Protocol.

this Article

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.

Article 19

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

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
the Parties to this Protocol. The text of any
meeting of
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.

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

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

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
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.

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, the annex or amendment to an annex shall
as a last resort be adopted by a three-fourths majority vote of
the Parties present and voting at the meeting. The adopted
annex or amendment to an annex shall be communicated by
the secretariat to the Depositary, who shall circulate it to all
Parties for their acceptance.

5.
An annex, or amendment to an annex other than Annex
A or B, that has been adopted in accordance with paragraphs
3 and 4 above shall enter into force for all Parties to this
Protocol six months after the date of the communication by
the Depositary to such Parties of the adoption of the annex or
adoption of the amendment to the annex, except for those
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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6.
If the adoption of an annex or an amendment to an
annex involves an amendment to this Protocol, that annex or
amendment to an annex shall not enter into force until such
time as the amendment to this Protocol enters into force.

also inform the Depositary, who shall
in turn inform the
Parties, of any substantial modification in the extent of their
competence.

Amendments to Annexes A and B to this Protocol shall
7.
be adopted and enter
into force in accordance with the
procedure set out in Article 20, provided that any amendment
to Annex B shall be adopted only with the written consent of
the Party concerned.

Article 22

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

1.
paragraph 2 below.

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

Article 23

The Secretary-General of
Depositary of this Protocol.

the United Nations shall be the

Article 24

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

the performance of

responsibilities

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

Article 25

1.
This Protocol shall enter into force on the ninetieth day
less than 55 Parties to the
after the date on which not
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

regional

economic

each State or

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

For

the purposes of

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

this Article,

Article 26

No reservations may be made to this Protocol.

Article 27

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

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

receipt by the Depositary of

Any Party that withdraws from the Convention shall be

3.
considered as also having withdrawn from this Protocol.

15.5.2002

EN

Official Journal of the European Communities

L 130/15

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.

Article 28

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.

L 130/16

EN

Official Journal of the European Communities

15.5.2002

ANNEX A

Greenhouse gases

Carbon dioxide (CO2)

Methane (CH4)

Nitrous oxide (N2O)

Hydrofluorocarbons (HFCs)

Perfluorocarbons (PFCs)

Sulphur hexafluoride (SF6)

Sectors/source categories

Energy

Fuel combustion

Energy industries

Manufacturing industries and construction

Transport

Other sectors

Other

Fugitive emissions from fuels

Solid fuels

Oil and natural gas

Other

Industrial processes

Mineral products

Chemical industry

Metal production

Other production

Production of halocarbons and sulphur hexafluoride

Consumption of halocarbons and sulphur hexafluoride

Other

15.5.2002

EN

Official Journal of the European Communities

L 130/17

Solvent and other product use

Agriculture

Enteric fermentation

Manure management

Rice cultivation

Agricultural soils

Prescribed burning of savannas

Field burning of agricultural residues

Other

Waste

Solid waste disposal on land

Wastewater handling

Waste incineration

Other

L 130/18

EN

Official Journal of the European Communities

15.5.2002

ANNEX B

Party quantified emission limitation or reduction commitment

(percentage of base year or period)

Australia 108

Austria 92

Belgium 92

Bulgaria* 92

Canada 94

Croatia* 95

Czech Republic* 92

Denmark 92

Estonia* 92

European Community 92

Finland 92

France 92

Germany 92

Greece 92

Hungary* 94

Iceland 110

Ireland 92

Italy 92

Japan 94

Latvia* 92

Liechtenstein 92

Lithuania* 92

Luxembourg 92

Monaco 92

Netherlands 92

New Zealand 100

Norway 101

Poland* 94

Portugal 92

Romania* 92

Russian Federation* 100

Slovakia* 92

Slovenia* 92

Spain 92

Sweden 92

Switzerland 92

Ukraine* 100

United Kingdom of Great Britain and
Northern Ireland 92

United States of America 93

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

15.5.2002

EN

Official Journal of the European Communities

L 130/19

Table of quantified emission limitation or reduction commitments for the purpose of determining the
respective emission levels allocated to the European Community and its Member States in accordance with
article 4 of the Kyoto Protocol

ANNEX II

European Community

92 %

Quantified emission reduction commitment as laid down in
Annex B of the Kyoto Protocol

(percentage of base year or period)

Quantified emission limitation or reduction commitment as
agreed in accordance with article 4(1) of the Kyoto Protocol

(percentage of base year or period)

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

92,5 %

79 %

79 %

125 %

115 %

100 %

113 %

93,5 %

72 %

94 %

87 %

127 %

100 %

104 %

87,5 %

L 130/20

EN

Official Journal of the European Communities

15.5.2002

ANNEX III

Declaration by the European Community made in accordance with article 24(3) of the Kyoto Protocol

The following States are at present 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 Article 175(1)
the
is competent
obligations resulting therefrom, which contribute to the pursuit of the following objectives:

to enter into international agreements, and to implement

thereof,

it

(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.

The European Community declares that its quantified emission reduction commitment under the Protocol will be
fulfilled through action by the Community and its Member States within the respective competence of each and that it
has already adopted legal instruments, binding on its Member States, covering matters governed by the Protocol.

The European Community will on a regular basis provide information on relevant Community legal instruments within
the framework of the supplementary information incorporated in its national communication submitted under Article
12 of the Convention for the purpose of demonstrating compliance with its commitments under the Protocol
in
accordance with Article 7(2) thereof and the guidelines thereunder.