Proposal for a Council Decision establishing the position to be adopted on behalf of the European Community with regard to a proposal for amendment of the Kyoto Protocol to the United Nations Framework Convention on Climate Change
Date: 2006-10-17
Institutions: European Commission
Subjects: Belarus, EU relations, UN convention, climate change, greenhouse effect, reduction of gas emissions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.10.2006 
COM(2006) 602 final 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Community with 
regard to a proposal for amendment of the Kyoto Protocol to the United Nations 
Framework Convention on Climate Change 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The  ultimate  objective  of  the  United  Nations  Framework  Convention  on  Climate  Change 
(UNFCCC) and of its Kyoto Protocol is to achieve, in accordance with the relevant provisions 
of the Convention, the stabilization of greenhouse gas concentrations in the atmosphere at a 
level that would prevent dangerous anthropogenic interference with the climate system. 

The  European  Community  ratified  the  Kyoto  Protocol  to  the  UNFCCC  in  2002.1  It  is 
therefore a Party to this Agreement.  

The second meeting of the Conference of the Parties to the UNFCCC serving as the Meeting 
of the Parties to the Kyoto Protocol (COP/MOP2) will take place in Nairobi, Kenya, from 6 to 
17 November 2006. 

According to Article 3 of the Kyoto Protocol, the Parties included in Annex I to the UNFCCC 
shall,  individually  or  jointly,  ensure  that  their  aggregate  anthropogenic  carbon  dioxide 
equivalent emissions of the greenhouse gases listed in Annex A to the Kyoto Protocol do not 
exceed their assigned amounts, calculated pursuant to their quantified emission limitation and 
reduction commitments inscribed in Annex B 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. 

Belarus  is  included  in  Annex  I  to  the  UNFCCC  but  not  in  Annex  B  to  the  Kyoto  Protocol. 
Belarus, by a letter dated 9 February 2006, proposed an amendment to Annex B to the Kyoto 
Protocol in order to be added to that Annex with a quantified emission limitation or reduction 
commitment  of  95%  of  the  base  year.  COP/MOP2  is  invited  to  consider  the  proposed 
amendment and to take any action it deems necessary. 

According  to  the  Article  300.2  of  the  EC  Treaty,  a  decision  of  the  Council,  acting  by  a 
qualified  majority  on  a  proposal  from  the  Commission,  is  necessary,  inter  alia,  for  the 
purpose of establishing the positions to be adopted on behalf of the Community in a body set 
up  by  an  agreement,  when  that  body  is  called  upon  to  adopt  decisions  having  legal  effects, 
with the exception of decisions supplementing or amending the institutional framework of the 
agreement. The European Parliament shall be immediately and fully informed of such Council 
decision. 

A decision of COP/MOP2 on the amendment proposed by Belarus would be a decision with 
legal  effects.  Therefore,  it  is  necessary  for  the  Council  to  adopt  a  decision  establishing  the 
position of the Community on this issue. 

Belarus has submitted two national communications and its national report on demonstrable 
progress to the UNFCCC Secretariat. The Community is giving technical support to Belarus 
in  the  framework  of  the  TACIS  programme  to  foster  the  implementation  of  the  Kyoto 
Protocol in Belarus. 

Belarus'  general  ambition  to  take  on  an  emission  reduction  target  under  the  KP  is  to  be 
welcomed.  However,  the  proposed  amendment  would,  in  its  current  form,  not  ensure  the 
environmental  integrity  of  the  Kyoto  Protocol,  because  it  would  allow  Belarus  a  surplus  of 

1 

Council Decision 2002/358/CE, OJ L130, 15.5.2002, p.1. 

EN 

2 

   EN 

 
                                                 
emission  quotas  (Assigned  Amount  Units,  AAUs)  that  would  be  significantly  above  that  of 
other Economies in Transition and Annex I Parties of similar population size. 

In view of the above, at COP/MOP2, the Community should not support the adoption of an 
amendment to Annex B of the Kyoto Protocol proposed by Belarus unless the environmental 
integrity of the Protocol is ensured. 

It should be noted that, following the flawed presidential elections in Belarus 19 March 2006, 
the  EU  maintains  a  policy  of  restricted  bilateral  contact  with  Belarus.  Community  contacts 
with  Belarus  will  have  to  be  kept  at  technical  and  non-political  level  at  the  conference  in 
Nairobi. 

EN 

3 

   EN 

 
Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Community with 
regard to a proposal for amendment of the Kyoto Protocol to the United Nations 
Framework Convention on Climate Change 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular  article 
175 paragraph 1, in conjunction with the second subparagraph of Article 300 (2), 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  European  Community  ratified  the  Kyoto  Protocol  to  the  United  Nations 
Framework  Convention  on  Climate  Change  (UNFCCC)  in  2002.3  It  is  therefore  a 
Party to this agreement.  

The second meeting of the Conference of the Parties to the UNFCCC serving as the 
Meeting of the Parties to the Kyoto Protocol (COP/MOP2) will take place in Nairobi, 
Kenya, from 6 to 17 November 2006.  

According to Article 3 of the Kyoto Protocol, the Parties included in Annex I to the 
UNFCCC  shall,  individually  or  jointly,  ensure  that  their  aggregate  anthropogenic 
carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A to the 
Kyoto  Protocol  do  not  exceed  their  assigned  amounts,  calculated  pursuant  to  their 
quantified emission limitation and reduction commitments inscribed in Annex B 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. 

Belarus  is  included  in  Annex  I  to  the  UNFCCC  but  not  in  Annex  B  to  the  Kyoto 
Protocol and has proposed an amendment to Annex B to the Kyoto Protocol in order 
to  be  added  to  that  Annex  with  a  quantified  emission  limitation  or  reduction 
commitment  of  95%  of  the  base  year.  This  amendment  will  be  considered  at 
COP/MOP2. 

The  decision  on  the  amendment  proposed  by  Belarus  concerns  environmental 
protection and is going to have legal effects. Therefore, it is necessary for the Council 
to  adopt  a  decision  establishing  the  position  of  the  Community  on  this  issue  at 

2 
3 

COM(2006) xxx final 
Council Decision 2002/358/CE, OJ L130, 15.5.2002, p.1. 

EN 

4 

   EN 

 
                                                 
COP/MOP2  on  the  basis  of  Article  175  paragraph  1,  in  conjunction  with  the  second 
sub-paragraph of Article 300(2). 

Belarus  has  submitted  two  national  communications  and  its  national  report  on 
demonstrable  progress  to  the  UNFCCC  Secretariat.  The  Community  is  giving 
technical support to Belarus in the framework of the TACIS programme to foster the 
implementation of the Kyoto Protocol in Belarus. 

Belarus'  general  ambition  to  take  on  an  emission  reduction  target  under  Annex  B  of 
the Kyoto Protocol is to be welcomed. However, the proposed amendment would, in 
its current form, not ensure the environmental integrity of the Kyoto Protocol, because 
it  would  allow  Belarus  a  surplus  of  Assigned  Amount  Units  that  would  be 
significantly  above  that  of  other  Economies  in  Transition  and  Annex  I  Parties  of 
similar population size.  

At  COP/MOP2,  the  Community  and  the  Member  States  should  cooperate  closely  to 
ensure  that  any  compromise  amendment  to  the  amendment  proposed  by  Belarus  to 
Annex B is compatible with Community law and ensures the environmental integrity 
of the Kyoto Protocol. 

An  amendment  to  Annex  B  should  not  be  supported  by  the  Community  unless  it  is 
compatible with Community law and ensures the environmental integrity of the Kyoto 
Protocol. 

(6) 

(7) 

(8) 

(9) 

(10)  The  European  Parliament  shall  be  immediately  and  fully  informed  of  Council 

decisions taken under Article 300(2). 

HAS DECIDED AS FOLLOWS: 

Sole Article 

1. 

2. 

At  the  second  meeting  of  the  Conference  of  the  Parties  to  the  United  Nations 
Framework Convention on Climate Change serving as the Meeting of the Parties to 
the Kyoto Protocol, the Commission shall not support on behalf of the Community 
the adoption of the amendment to Annex B proposed by Belarus in its current form. 

The  Community  and  the  Member  States  shall  cooperate  closely  to  ensure  that  any 
compromise  amendment  to  the  amendment  proposed  by  Belarus  to  Annex  B  is 
compatible  with  Community  law  and  ensures  the  environmental  integrity  of  the 
Kyoto  Protocol.  Should  that  not  be  the  case,  the  Commission  shall  not  support  on 
behalf of the Community the adoption of the compromise amendment. 

Done at Brussels,  

For the Council 
The President 

EN 

5 

   EN