CELEX: 51992PC0508
Language: en
Date: 1992-12-14
Title: Proposal for a COUNCIL DECISION concerning the conclusion of the framework Convention on Climate Change

16 . 2 . 93                                  Official Journal of the European Communities                                       No C 44 / 1
                                                                         II
                                                               (Preparatory Acts)
                                                           COMMISSION
                     Proposal for a Council Decision concerning the conclusion of the Framework Convention on
                                                                Climate Change
                                                                  93 / C 44 / 01
                                                              COM(92) 508 final
                                            (Submitted by the Commission on 15 December 1992)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                            with the climate system and that this objective is in
                                                                                       conformity with the Community policy in this area ;
  Having regard to the Treaty establishing the European
  Economic Community , and in particular Article 130 S                          ( 4 ) Whereas the Council conclusions of 29 October 1990
  thereof,                                                                             stated that the European Community and Member
                                                                                       States have agreed to take actions aiming at reaching
                                                                                       stabilization of the total C02 emissions by 2000 at
  Having regard to the proposal from the Commission ,                                  1990 level in the Community as a whole ;
  Having         regard   to    the   opinion   of the     European            ( 5 ) Whereas it is essential for the achievement of the
  Parliament ,                                                                         objective that other countries join the Community
                                                                                       and its Member States in taking such actions ;
  Having regard to the opinion of the Economic and Social
 Committee ,                                                                  ( 6 ) Whereas the Convention , under Article 22 , is open
                                                                                       for ratification , acceptance or approval by States and
    ( 1 ) Whereas the Community participated in the                                    by Regional Economic Integration Organizations ;
          negotiations ( 1 ) conducted in the Intergovernmental
          Negotiating Committee on Climate Change                             ( 7) Whereas one of the Community objectives , according
          established by the United Nations General                                   to Article 130 R is the protection of the environment ,
          Assembly ( 2 ) for the preparation of a framework                           which includes measures against climate change ;
          convention on climate change ;                                              whereas preventive actions , to this end , must be
                                                                                      taken at an international level ;
   ( 2 ) Whereas , during the United Nations Conference on
          Environment and Development in Rio de Janeiro
                                                                              ( 8 ) Whereas the Community and its Member States share
          from 3 to 14 June 1992 , the Framework Convention
                                                                                      competence in the areas covered by the Convention ;
          on Climate Change was signed by the Community ;
                                                                                      whereas it is necessary for the Community and its
                                                                                      Member States to become Contracting Parties so that
   ( 3 ) Whereas the objective of this Convention is to
                                                                                      all the obligations under the Convention can be
          achieve       stabilization     of     greenhouse      gas
          concentrations in the atmosphere at a level that
                                                                                      properly fulfilled ;
          would prevent dangerous anthropogenic interference
                                                                             ( 9 ) Whereas in order to comply with the emission
                                                                                      stabilization objective of the Convention while not all
(') Council conclusions of 4 February 1992 , not published in the
        Official Journal of the European Communities .                                the Member States are ready to meet the objective
( 2 ) Resolution 45 / 212 of the General Assembly of the United                       individually , it is necessary that the Community
       Nations of 19 December 1990 on protection of global climate                    becomes Contracting Party to the Convention and
       for present and future generations of mankind .                                assumes the relevant responsibilities ;
 ---pagebreak---  No C 44 / 2                             Official Journal of the European Communities                                16 . 2 . 93
 ( 10 ) Whereas , in view of the need for prompt action , it is     2.    At the same time the President shall deposit the
        essential that the Community and its Member States          declaration of competences set out in Annex II to this
        complete as soon as possible the procedures for             Decision according to the provisions of Article 22 ( 3 ) of
        ratification or approval of the Convention ;                the Convention , as well as the text of the Declaration set
                                                                    out in Annex- III to this Decision .
 ( 11 ) Whereas it is desirable that the Community and its
        Member States deposit simultaneously , if possible ,
        their instruments of ratification , acceptance or
        approval ;                                                                            Article 3
                                                                    1.    Member States shall take the necessary steps to
HAS ADOPTED THIS DECISION :
                                                                   permit the deposit , as far as possible simultaneously and
                                                                    not later than 30 June 1993 of the instruments of
                            Article 1                              ratification or approval of the Member States and the
                                                                   Community .
The Framework Convention on Climate Change signed in
June 1992 in Rio de Janeiro is hereby approved by the              2.     Member States shall inform the Commission not
European Economic Community .                                      later than 30 April 1993 of their decision to ratify the
                                                                   Convention or , according to the circumstances , of the
The text of the Convention appears in Annex 1 to this              probable date of completion of these procedures . The
Decision .                                                         Commission shall , in cooperation with the Member States ,
                                                                   choose a date for depositing these instruments
                            Article 2
                                                                   simultaneously .
1.      On behalf of the European Economic Community ,
the President of the Council shall deposit the instrument of                                  Article 4
approval with the Secretary-General of the United Nations
in accordance with Article 22 ( 1 ) of the Convention .            This Decision is addressed to the Member States .
 ---pagebreak--- 16 . 2 . 93                                 Official Journal of the European Communities                                       No C 44 / 3
                                                                 ANNEX I
                                                Annex I to the report of the committee
                      UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE
              THE PARTIES TO THIS CONVENTION ,
              ACKNOWLEDGING that change in the Earth's climate and its adverse effects are a common concern of
              humankind ;
              CONCERNED that human activities have been substantially increasing the atmospheric concentrations of
             greenhouse gases , that these increases enhance the natural greenhouse effect, and that this will result on
              average in an additional warming of the Earth's surface and atmosphere and may adversely affect natural
             ecosystems and humankind ;
             NOTING that the largest share of historical and current global emissions of greenhouse gases has originated
             in developed countries , that per capita emissions in developing countries are still relatively low and that the
             share of global emissions originating in developing countries will grow to meet their social and development
             needs ;
             AWARE of the role and importance in terrestrial and marine ecosystems of sinks and reservoirs of greenhouse
             gases ;
             NOTING that there are many uncertainties in predictions of climate change , particularly with regard to the
             timing , magnitude and regional patterns thereof;
             ACKNOWLEDGING that the global nature of climate change calls for the widest possible cooperation by all
             countries and their participation in an effective and appropriate international response , in accordance with
             their common but differentiated responsibilities and respective capabilities and their social and economic
             conditions ;
             RECALLING the pertinent provisions of the Declaration of the United Nations Conference on the Human
             Environment , adopted at Stockholm on 16 June 1972 ;
             RECALLING ALSO that States have , in accordance with the Charter of the United Nations and the principles
             of international law , the sovereign right to exploit their own resources pursuant to their own environmental
            and developmental policies , and the responsibility to ensure that activities within their jurisdiction or control
            do not cause damage to the environment of other States or of areas beyond the limits of national
            jurisdiction ;
            REAFFIRMING the principle of sovereignty of States in international cooperation to address climate
            change ;
            RECOGNIZING that States should enact effective environmental legislation , that environmental standards ,
            management objectives and priorities should reflect the environmental and developmental context to which
            they apply , and that standards applied by some countries may be inappropriate and of unwarranted economic
            and social cost to other countries , in particular developing countries ;
            RECALLING the provisions of General Assembly resolution 44 / 228 of 22 December 1989 on the United
            Nations Conference on Environment and Development , and resolutions 43 / 53 of 6 December 1988 , 44 / 207
            of 22 December 1989 , 45 / 212 of 21 December 1990 and 46 / 169 of 19 December 1991 on protection of
            global climate for present and future generations of mankind ;
            RECALLING ALSO the provisions of General Assembly resolution 44 / 206 of 22 December 1989 on the
            possible adverse effects of sea level rise on islands and coastal areas , particularly low-lying coastal areas and
            the pertinent provisions of General Assembly resolution 44 / 172 of 19 December 1989 on the implementation
            of the Plan of Action to Combat Desertification ;
            RECALLING FURTHER the Vienna Convention for the Protection of the Ozone Layer , 1985 , and the
            Montreal Protocol on Substances that Deplete the Ozone Layer , 1987 , as adjusted and amended on 29 June
            1990 ;
 ---pagebreak--- No C 44 / 4                                     Official Journal of the European Communities                                        16 . 2 . 93
                NOTING the Ministerial Declaration of the Second World Climate Conference adopted on 7 November
                 1990 ;
                 CONSCIOUS of the valuable analytical work being conducted by many States on climate change and of the
                 important contributions of the World Meteorological Organization the United Nations Environment
                Programme and other organs , organizations and bodies of the United Nations system , as well as other
                 international and intergovernmental bodies , to the exchange of results of scientific research and the
                 coordination of research ;
                 RECOGNIZING that steps required to understand and address climate change will be environmentally ,
                 socially and economically most effective if they are based on relevant scientific , technical and economic
                 considerations and continually re-evaluated in the light of new findings in these areas ;
                RECOGNIZING that various actions to address climate change can be justified economically in their own
                right and can also help in solving other environmental problems ;
                 RECOGNIZING ALSO the need for developed countries to take immediate action in a flexible manner on the
                basis of clear priorities , as a first step towards comprehensive response strategies at the global , national and,
                where agreed , regional levels that take into account all greenhouse gases , with due consideration of their
                relative contributions to the enhancement of the greenhouse effect;
                RECOGNIZING FURTHER that low-lying and other small island countries , countries with low-lying
                coastal , arid and semi-arid areas or areas liable to floods , drought and desertification , and developing
                countries with fragile mountainous ecosystems are particularly vulnerable to the adverse effects of climate
                change ;
                RECOGNIZING the special difficulties of those countries , especially developing countries , whose economies
                are particularly dependent on fossil fuel production , use and exportation , as a consequence of action taken on
                limiting greenhouse gas emissions ;
                AFFIRMING that responses to climate change should be coordinated with social and economic development
                in an integrated manner with a view to avoiding adverse impacts on the latter , taking into full account the
                legitimate priority needs of developing countries for the achievement of sustained economic growth and the
                eradication of poverty ;
                RECOGNIZING that all countries , especially developing countries , need access to resources required to
                achieve sustainable social and economic development and that , in order for developing countries to progress
                towards that goal , their energy consumption will need to grow taking into account the possibilities for
                achieving greater energy efficiency and for controlling greenhouse gas emissions in general , including through
                the application of new technologies on terms which make such an application economically and socially
                beneficial ;
                DETERMINED to protect the climate system for present and future generations ,
                HAVE AGREED AS FOLLOWS :
                               Article 1                                     2 . 'climate change' means a change of climate which is
                                                                                  attributed directly or indirectly to human activity that
                                                                                  alters the composition of the global atmosphere and
                             Definitions ( 1 )                                    which is in addition to natural climate variability
                                                                                  observed over comparable time periods ;
For the purposes of this Convention :                                        3 . 'climate system' means the totality of the atmosphere ,
                                                                                  hydrosphere , biosphere and geosphere and their
                                                                                  interactions ;
1 . 'adverse effects of climate change' means changes in
     the physical environment or biota resulting from
     climate change which have significant deleterious                       4 . 'emissions' means the release of greenhouse gases
     effects on the composition , resilience or productivity                      and / or their precursors into the atmosphere over a
     of natural and managed ecosystems or on the                                  specified area and period of time ;
     operation of socio-economic systems or on human
     health and welfare;
                                                                             5 . 'greenhouse gases' means those gaseous constituents of
                                                                                  the atmosphere , both natural and anthropogenic , that
0 ) Titles of articles are included solely to assist the reader .                 absorb and re-emit infrared radiation ;
 ---pagebreak---  16 . 2 . 93                                 Official Journal of the European Communities                                 No C 44 / 5
 6 . 'regional economic integration organization' means an              2 . the specific needs and special circumstances of
      organization constituted by sovereign States of a given                developing country parties , especially those that are
      region which has competence in respect of matters                      particularly vulnerable to the adverse effects of climate
      governed by this Convention or its protocols and has                   change , and of those parties , especially developing
      been duly authorized , in accordance with its internal                 country parties , that would have to bear a
      procedures , to sign , ratify , accept , approve or accede             disproportionate or abnormal burden under the
      to the instruments concerned .                                         Convention , should be given full consideration ;
 7 . 'reservoir' means a component or components of the
                                                                        3 . the parties should take precautionary measures to
      climate system where a greenhouse gas or a precursor
                                                                             anticipate , prevent or minimize the causes of climate
      of a greenhouse gas is stored ;
                                                                             change and mitigate its adverse effects . Where there
                                                                             are threats of serious or irreversible damage , lack of
 8 . 'sink' means any process , activity or mechanism which                  full scientific certainty should be used as a reason for
      removes a greenhouse gas , an aerosol or a precursor of               postponing such measures , taking into account that
      a greenhouse gas from the atmosphere;                                 policies and measures to deal with climate change
                                                                             should be cost-effective so as to ensure global benefits
                                                                            at the lowest possible cost . To achieve this , such
 9 . 'source' means any process or activity which releases a                policies and measures should take into account
      greenhouse gas , an aerosol or a precursor of a                       different socio-economic contexts , be comprehensive ,
      greenhouse gas into the atmosphere .                                  cover all relevant sources , sinks and reservoirs of
                                                                            greenhouse gases and adaptation , and comprise all
                                                                            economic sectors . Efforts to address climate change
                                                                            may be carried out cooperatively by interested
                                                                            parties ;
                             Article 2
                                                                       4 . the parties have a right to , and should , promote
                            Objective                                       sustainable development . Policies and measures to
                                                                            protect the climate system against human-induced
                                                                            change should be appropriate for the specific
The ultimate objective of this Convention and any related                   conditions of each party and should be integrated with
legal instruments that the Conference of the parties may                    national development programmes , taking into
adopt is to achieve , in accordance with the relevant                       account that economic development is essential for
provisions of the Convention , stabilization of greenhouse                  adopting measures to address climate change ;
gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the
climate system . Such a level should be achieved within a              5 . the parties should cooperate to promote a supportive
time frame sufficient to allow ecosystems to adapt                          and open international economic system that would
naturally to climate change , to ensure that food                           lead to sustainable economic growth and development
production is not threatened and to enable economic                         in all parties , particularly developing country parties ,
development to proceed in a sustainable manner .                            thus enabling them better to address the problems of
                                                                            climate change . Measures taken to combat climate
                                                                            change , including unilateral ones , should not
                                                                            constitute a means of arbitrary or unjustifiable
                                                                            discrimination or a disguised restriction on
                                                                            international trade .
                            Article 3
                            Principles
In their actions to achieve the objective of the Convention                                         Article 4
and to implement its provisions , the parties shall be
guided , inter alia, by the following :
                                                                                                  Commitments
1 . the parties should protect the climate system for the
     benefit of present and future generations of
     humankind , on the basis of equity and in accordance
     with their common but differentiated responsibilities             1.      All parties , taking into account their common but
     and respective capabilities . Accordingly , the developed         differentiated responsibilities and their specific national
     country parties should take the lead in combating                 and regional development priorities , objectives and
     climate change and the adverse effects thereof;                   circumstances , shall :
 ---pagebreak---  No C 44 / 6                                Official Journal of the European Communities                                   16 . 2 . 93
 ( a ) develop , periodically update , publish and make                       the remaining uncertainties regarding the causes ,
        available to the Conference of the parties , in                       effects , magnitude and timing of climate change and
        accordance with Article 12 , national inventories of                  the economic and social consequences of various
        anthropogenic emissions by sources and removals by                    response strategies ;
        sinks of all greenhouse gases not controlled by the
        Montreal Protocol , using comparable methodologies
        to be agreed upon by the Conference of the parties ;
                                                                       (h ) promote and cooperate in the full , open and prompt
                                                                             exchange of relevant scientific , technological ,
                                                                              technical , socio-economic and legal information
 ( b ) formulate , implement , publish and regularly update                   related to the climate system and climate change , and
        national      and ,   where     appropriate ,     regional           to the economic and social consequences of various
        programmes containing measures to mitigate climate                   response strategies ;
        change by addressing anthropogenic emissions by
        sources and removals by sinks of all greenhouse gases
        not controlled by the Montreal Protocol , and
        measures to facilitate adequate adaptation to climate          (i ) promote and cooperate in education , training and
        change ;                                                             public awareness related to climate change and
                                                                             encourage the widest participation in this process ,
                                                                             including that of non-governmental organizations ;
                                                                             and
 ( c) promote and cooperate in the development ,
        application and diffusion , including transfer , of
        technologies , practices and processes that control ,
        reduce or prevent anthropogenic emissions of                   (j ) communicate to the Conference of the parties
       greenhouse gases not controlled by the Montreal                       information related to implementation , in accordance
                                                                             with Article 12 .
       Protocol in all relevant sectors , including the energy ,
       transport , industry , agriculture , forestry and waste
        management sectors ;
                                                                      2.       The developed country parties and other parties
                                                                      included in Annex I commit themselves specifically as
 (d ) promote sustainable management , and promote and                provided for in the following :
       cooperate in the conservation and enhancement , as
       appropriate , of sinks and reservoirs of all greenhouse
       gases not controlled by the Montreal Protocol ,
       including biomass , forests and oceans as well as other        ( a ) each of these parties shall adopt national ( x ) policies
       terrestrial , coastal and marine ecosystems ;                         and take corresponding measures on the mitigation of
                                                                             climate change , by limiting its anthropogenic
                                                                             emissions of greenhouse gases and protecting and
                                                                             enhancing its greenhouse gas sinks and reservoirs .
( e ) cooperate in preparing for adaptation to the impacts
                                                                             These policies and measures will demonstrate that
       of climate change ; develop and elaborate appropriate
                                                                             developed countries are taking the lead in modifying
       and integrated plans for coastal zone management ,
                                                                             longer-term trends in anthropogenic emissions
       water resources and agriculture , and for the
                                                                             consistent with the objective of the Convention ,
       protection and rehabilitation of areas , particularly in
                                                                             recognizing that the return by the end of the present
       Africa , affected by drought and desertification , as
       well as floods ;
                                                                             decade to earlier levels of anthropogenic emissions of
                                                                            carbon dioxide and other greenhouse gases not
                                                                            controlled by the Montreal Protocol would contribute
                                                                            to such modification , and taking into account the
( f) take climate change considerations into account , to                   differences in these parties' starting points and
       the extent feasible , in their relevant social , economic             approaches , economic structures and resource bases ,
       and environmental policies and actions , and employ                  the need to maintain strong and sustainable economic
       appropriate       methods ,    for    example       impact           growth , available technologies and other individual
       assessments , formulated and determined nationally ,                 circumstances , as well as the need for equitable and
       with a view to minimizing adverse effects on the                     appropriate contributions by each of these parties to
       economy , on public health and on the quality of the                 the global effort regarding that objective . These
       environment , of projects or measures undertaken by                  parties may implement such policies and measures
       them to mitigate or adapt to climate change ;                        jointly with other parties and may assist other parties
                                                                            in contributing to the achievement of the objective of
                                                                            the Convention and , in particular , that of this
                                                                            subparagraph ;
( g) promote and cooperate in scientific , technological ,
       technical , socio-economic and other research ,
       systematic observation and development of data
       archives related to the climate system and intended to         (*) This includes policies and measures adopted by regional
       further the understanding and to reduce or eliminate                economic integration organizations .
 ---pagebreak---   16 . 2 . 93                                  Official Journal of the European Communities                                 No C 44 / 7
  ( b ) in order to promote progress to this end , each of these          ( f) the Conference of the parties shall review , not later
          parties shall communicate , within six months of the                 than 31 December 1998 , available information with a
          entry into force of the Convention for it and                        view to taking decisions regarding such amendments
          periodically thereafter , and in accordance with                     to the lists in Annexes I and II as may be appropriate,
          Article 12 , detailed information on its policies and                with the approval of the party concerned ;
         measures referred to in subparagraph ( a ) above , as
         well as on its resulting projected anthropogenic
         emissions by sources and removals by sinks of                    ( g) any party not included in Annex I may , in its
         greenhouse gases not controlled by the Montreal                       instrument of ratification , acceptance , approval or
         Protocol for the period referred to in                                accession , or at any time thereafter , notify the
         subparagraph ( a ), with the aim of returning                         Depositary that it intends to be bound by
         individually or jointly to their 1990 levels of these                 subparagraphs ( a ) and ( b ) above . The Depositary
         anthropogenic emissions of carbon dioxide and other                   shall inform the other signatories and parties of any
         greenhouse gases not controlled by the Montreal                       such notification .
         Protocol . This information will be reviewed by the
         Conference of the parties , at its first session and
         periodically thereafter , in accordance with Article 7 ;
                                                                          3.     The developed country parties and other developed
                                                                         parties included in Annex II shall provide new and
 ( c) calculations of emissions by sources and removals by                additional financial resources to meet the agreed full costs
         sinks of greenhouse gases for the purposes of                    incurred by developing country parties in complying with
         subparagraph ( b ) above should take into account the           their obligations under Article 12 ( 1 ). They shall also
         best available scientific knowledge , including of the          provide such financial resources , including for the transfer
         effective capacity of sinks and the respective                  of technology , needed by the developing country parties to
         contributions of such gases to climate change. The              meet the agreed full incremental costs of implementing
         Conference of the parties shall consider and agree on           measures that are covered by paragraph 1 of this Article
         methodologies for these calculations at its first session       and that are agreed between a developing country party
         and review them regularly thereafter ;                          and the international entity or entities referred to in
                                                                         Article    11 ,  in   accordance  with    that   Article . The
                                                                         implementation of these commitments shall take into
                                                                         account the need for adequacy and predictability in the
( d ) the Conference of the parties shall , at its first session ,       flow of funds and the importance of appropriate burden
         review the adequacy of subparagraphs ( a ) and ( b )            sharing among the developed country parties .
         above . Such review shall be carried out in the light of
         the      best    available scientific  information     and
         assessment on climate change and its impacts , as well
         as relevant technical , social and economic
        information . Based on this review , the Conference of           4.     The developed country parties and other developed
        the parties shall take appropriate action , which may            parties included in Annex II shall also assist the developing
        include the adoption of amendments to the                        country parties that are particularly vulnerable to the
        commitments in subparagraphs ( a ) and ( b ) above .             adverse effects of climate change in meeting costs of
        The Conference of the parties , at its first session , shall     adaptation to those adverse effects .
         also take decisions regarding criteria for joint
        implementation as indicated in subparagraph ( a )
        above . A second review of subparagraphs ( a ) and ( b )
        shall take place not later than 31 December 1998 , and           5.     The developed country parties and other developed
        thereafter at regular intervals determined by the                parties included in Annex II shall take all practicable steps
        Conference of the parties , until the objective of the           to promote , facilitate and finance , as appropriate , the
        Convention is met ;                                              transfer of, or access to , environmentally sound
                                                                         technologies and know-how to other parties , particularly
                                                                         developing country parties , to enable them to implement
                                                                         the provisions of the Convention . In this process , the
( e ) each of these parties shall :                                      developed country parties shall support the development
                                                                         and enhancement of endogenous capacities and
                                                                         technologies of developing country parties . Other parties
          ( i ) coordinate as appropriate with other such
                                                                         and organizations in a position to do so may also assist in
                parties , relevant economic and administrative
                instruments developed to achieve the objective of        facilitating the transfer of such technologies .
                the Convention ; and
        ( ii ) identify and periodically review its own policies         6.     In the implementation of their commitments under
                and practices which encourage activities that lead       paragraph 2 above , a certain degree of flexibility shall be
                to greater levels of anthropogenic emissions of          allowed by the Conference of the parties to the parties
                greenhouse gases not controlled by the Montreal          included in Annex I undergoing the process of transition to
                Protocol than would otherwise occur;                     a market economy , in order to enhance the ability of
 ---pagebreak---  No C 44 / 8                               Official Journal of the European Communities                                        16 . 2 . 93
 parties to address climate change , including with regard            particularly developing country parties , with economies
 to the historical level of anthropogenic emissions of                that     are    vulnerable   to   the   adverse  effects   of    the
 greenhouse gases not controlled by the Montreal Protocol             implementation of measures to respond to climate change .
 chosen as a reference .                                              This applies notably to parties with economies that are
                                                                      highly       dependent    on    income    generated    from      the
                                                                      production , processing and export , and / or consumption
 7.      The extent to which developing country parties will          of fossil fuels and associated energy-intensive products
 effectively implement their commitments under the                    and / or the use of fossil fuels for which such parties have
 Convention will depend on the effective implementation               serious difficulties in switching to alternatives .
 by developed country parties of their commitments under
 th& Convention related to financial resources and transfer
 of technology and will take fully into account that
 economic and social development and poverty eradication
 are the first and overriding priorities of the developing                                          Article 5
 country parties .
                                                                                     Research and systematic observation
 8.      In the implementation of the commitments in this
 Article, the parties shall give full consideration to what
 actions are necessary under the Convention , including               In carrying out their commitments under Article 4 ( 1 ) ( g)
 actions related to funding , insurance and the transfer of           the parties shall :
 technology , to meet the specific needs and concerns
of developing country parties arising from the adverse
                                                                      ( a ) support and further develop , as appropriate ,
effects of climate change and / or the impact of the
 implementation of response measures , especially on :
                                                                            international and intergovernmental programmes and
                                                                            networks or organizations aimed at defining ,
                                                                            conducting , assessing and financing research , data
 ( a ) small island countries ,                                             collection and systematic observation , taking into
                                                                            account the need to minimize duplication of effort ;
 ( b ) countries with low-lying coastal areas ;
( c) countries with arid and semi-arid areas , forested areas
                                                                     ( b ) support international and intergovernmental efforts to
                                                                            strengthen systematic observation and national
       and areas liable to forest decay ;
                                                                            scientific and technical research capacities and
( d ) countries with areas prone to natural disasters ;
                                                                            capabilities , particularly in developing countries , and
                                                                            to promote access to , and the exchange of, data and
                                                                            analyses thereof obtained from areas beyond national
( e ) countries with       areas   liable   to   drought    and
                                                                            jurisdiction ; and
       desertification ;
( f) countries with areas of high urban atmospheric                  ( c) take into account the particular concerns and needs of
       pollution ;                                                          developing countries and cooperate in improving their
                                                                            endogenous capacities and capabilities to participate
( g ) countries with areas with fragile ecosystems , including              in the efforts referred to in subparagraphs ( a ) and ( b )
       mountainous ecosystems ;                                             above .
( h ) countries whose economies are highly dependent on
       income generated from the production , processing
       and export , and / or on consumption of fossil fuels
       and associated energy-intensive products ; and                                               Article 6
(i)    land-locked and transit countries .
                                                                                  Education, training and public awareness
Further , the Conference of the parties may take actions , as
appropriate , with respect to this paragraph .
                                                                     In carrying out their commitments under Article 4 ( 1 ) ( i )
                                                                     the parties shall :
9.       The parties shall take full account of the specific
needs and special situations of the least developed                  ( a ) promote and facilitate at the national and , as
countries in their actions with regard to funding and                       appropriate , subregional and regional levels , and in
transfer of technology .                                                    accordance with national laws and regulations , and
                                                                            within their respective capacities :
10 .      The parties shall , in accordance with Article 10 ,                ( i ) the development and implementation of
take into consideration in the implementation of the                                educational and public awareness programmes
commitments of the Convention the situation of parties ,                            on climate change and its effects ;
 ---pagebreak---   16 . 2 . 93                                    Official Journal of the European Communities                                       No C 44 / 9
          ( ii ) public access to information on climate change                    differing      circumstances ,       responsibilities   and
                 and its effects ;                                                 capabilities of the parties and their respective
                                                                                   commitments under the Convention ;
        ( iii ) public participation in addressing climate change
                 and its effects and developing adequate                    ( d ) promote and guide , in accordance with the objective
                 responses ; and                                                   and provisions of the Convention , the development
                                                                                   and       periodic      refinement        of     comparable
        ( iv ) training of scientific, technical and managerial                    methodologies , to be agreed on by the Conference of
                 personnel ;                                                      the parties , inter alia, for preparing inventories of
                                                                                  greenhouse gas emissions by sources and removals by
                                                                                   sinks , and for evaluating the effectiveness of measures
 ( b ) cooperate in and promote , at the international level ,                    to limit the emissions and enhance the removals of
        and , where appropriate using existing bodies :                           these gases ;
          (i)    the development and exchange of educational                ( e ) assess , on the basis of all information made available
                 and public awareness material on climate change                  to it in accordance with the provisions of the
                 and its effects ; and                                            Convention , the implementation of the Convention by
                                                                                  the parties , the overall effects of the measures taken
        ( ii )   the development and implementation of                            pursuant to the Convention , in particular
                 education and training programmes , including                    environmental , economic and social effects as well as
                 the strengthening of national institutions and the               their cumulative impacts and the extent to which
                 exchange or secondment of personnel to train                     progress towards the objective of the Convention is
                 experts in this field , in particular for developing             being achieved ;
                 countries .
                                                                           ( f) consider' and adopt regular reports on the
                                                                                  implementation of the Convention and ensure their
                                                                                  publication ;
                                   Article 7                               ( g ) make recommendations on any matters necessary for
                                                                                  the implementation of the Convention ;
                        Conference of the parties                          ( h ) seek to mobilize financial resources in accordance
                                                                                  with Article 4 ( 3 ), ( 4 ) and ( 5 ) and Article 11 ;
 1.        A Conference of the parties is hereby established .             (i)    establish such subsidiary bodies as are deemed
                                                                                  necessary for the implementation of the Convention ;
2.         The Conference of the parties , as the supreme body             ( j ) review reports submitted by its subsidiary bodies and
of this Convention , shall keep under regular review the                          provide guidance to them ;
implementation of the Convention and any related legal
instruments that the Conference of the parties may adopt ,                 ( k ) agree upon and adopt , by consensus , rules of
and shall make , within its mandate , the decisions                               procedure and financial rules for itself and for any
necessary to promote the effective implementation of the                          subsidiary bodies ;
Convention . To this end , it shall :
                                                                           ( 1 ) seek and utilize , where appropriate , the services      and
                                                                                  cooperation of, and information provided                 by ,
( a ) periodically examine the obligations of the parties and
       the institutional arrangements under the Convention ,
                                                                                  competent         international        organizations    and
       in the light of the objective of the Convention , the                      intergovernmental and non-governmental bodies ;         and
       experience gained in its implementation and the
       evolution of scientific and technological knowledge ;               ( m ) exercise such other functions as are required for the
                                                                                  achievement of the objective of the Convention as
                                                                                  well as all other functions assigned to it under the
( b ) promote and facilitate the exchange of information on                       Convention .
       measures adopted by the parties to address climate
       change and its effects , taking into account the
       differing         circumstances ,      responsibilities    and      3.       The Conference of the parties shall , at its first
       capabilities of the parties and their respective                    session , adopt its own rules of procedure as well as those
       commitments under the Convention ;                                  of the subsidiary bodies established by the Convention ,
                                                                           which shall include decision-making procedures for
                                                                           matters not already covered by decision-making
( c) facilitate , at the request of two or more parties , the              procedures stipulated in the Convention . Such procedures
       coordination of measures adopted by them to address                 may include specified majorities required for the adoption
       climate change and its effects , taking into account the            of particular decisions .
 ---pagebreak---  No C 44 / 10                              Official Journal of the European Communities                                      16 . 2 . 93
 4.     The first session of the Conference of the parties             (g) to perform the other secretariat functions specified in
 shall be convened by the interim secretariat referred to in                 the Convention and in any of its protocols and such
  Article 21 and shall take place not later than one year after              other functions as may be determined by the
 the date of entry into force of the Convention . Thereafter,                Conference of the parties .
  ordinary sessions of the Conference of the parties shall be
  held every year unless otherwise decided by the Conference           3.     The Conference of the parties , at its first session ,
  of the parties .                                                     shall designate a permanent secretariat and make
                                                                       arrangements for its functioning .
  5.    Extraordinary sessions of the Conference of the
 parties shall be held at such other times as may be deemed
 necessary by the Conference , or at the written request of                                       Article 9
  any party , provided that, within six months of the request
 being communicated to the parties by the secretariat , it is
                                                                          Subsidiary body for scientific and technological advice
 supported by at least one-third of the parties .
                                                                       1.     A subsidiary body for scientific and technological
 6.     The United Nations , its specialized agencies and the         advise is hereby established to provide the Conference of
 International Atomic Energy Agency , as well as any State            the parties and , as appropriate , its other subsidiary bodies
 member thereof or observers thereto not party to the                 with timely information and advice on scientific and
 Convention , may be represented at session of the                    technological matters relating to the Convention . This
 Conference of the parties as observers . Any body or                 body shall be open to participation by all parties and shall
 agency , whether national or international , governmental            be multidisciplinary . It shall comprise government
 or non-governmental , which is qualified in matters                  representatives competent in the relevant field of expertise .
 covered by the Convention and which has informed the                 It shall report regularly to the Conference of the parties on
 secretariat of its wish to be represented at a session of the        all aspects of its work .
 Conference of the parties as an observer , may be so
 admitted unless at least one-third of the parties present
 object. The admission and participation of observers shall           2.      Under the guidance of the Conference of the parties ,
 be subject to the rules of procedure adopted by the                  and drawing upon existing competent international bodies ,
 Conference of the parties .                                          this body shall :
                                                                      ( a ) provide    assessments    of    the   state of    scientific
                                                                            knowledge relating to climate change and its effects ;
                             Article 8
                                                                      ( b ) prepare scientific assessments on the effects of
                                                                            measures taken in the implementation of the
                            Secretariat                                     Convention ;
 1.     A secretariat is hereby established .                        ( c) identify innovative, efficient and state-of-the-art
                                                                            technologies and know-how and advise on the ways
                                                                            and means of promoting development and / or
 2.     The functions of the secretariat shall be :
                                                                            transferring such technologies ;
( a ) to make arrangements for sessions of the Conference            ( d ) provide advice on scientific programmes, international
      of the parties and its subsidiary bodies established                  cooperation in research and development related to
      under the Convention and to provide them with                         climate change , as well as on ways and means of
      services as required ;                                                supporting      endogenous        capacity-building       in
                                                                            developing countries ; and
( b ) to compile and transmit reports submitted to it ;
                                                                     ( e ) respond       to     scientific,     technological      and
( c) to facilitate   assistance to the parties , particularly               methodological questions that the Conference of the
      developing    country parties , on request , in the                   parties and its subsidiary bodies may put to the
      compilation    and communication of information                       body .
      required in   accordance with the provisions of the
      Convention ;                                                   3.       The functions and terms of reference of this body
                                                                     may be further elaborated by the Conference of the
( d ) to prepare reports on its activities and present them to       parties .
      the Conference of the parties ;
( e ) to ensure the necessary coordination with the                                              Article 10
      secretariats of other relevant international bodies ;
( f) to enter , under the overall guidance of the Conference                       Subsidiary body for implementation
      of the parties , into such administrative and
      contractual arrangements as may be required for the            1.       A subsidiary body for implementation is hereby
      effective discharge of its functions ; and                     established to assist the Conference of the parties in the
 ---pagebreak---      16 . 2 . 93                                 Official Journal of the European Communities                                          No C 44 / 11
    assessment and review of the effective implementation of                         operations , which is consistent with the requirement
    the Convention . This body shall be open to participation                        for accountability set out in paragraph 1 above ; and
    by all parties and comprise government representatives
    who are experts on matters related to climate change. It                  ( d ) determination in a predictable and identifiable manner
    shall report to the Conference of the parties on all aspects                     of the amount of funding necessary and available for
    of its work .
                                                                                     the implementation of this Convention and the
                                                                                     conditions    under    which     that      amount    shall   be
    2.       Under the guidance of the Conference of the parties ,                   periodically reviewed .
    this body shall :
                                                                             4.        The Conference of the parties shall make
    ( a ) consider the information communicated in accordance                arrangements to implement the abovementioned provisions
           with Article 12 ( 1 ) to assess the overall aggregated            at its first session , reviewing and taking into account the
           effect of the steps taken by the parties in the light of          interim arrangements referred to in Article 21(3 ) and shall
           the latest scientific assessments concerning climate              decide whether these interim arrangements shall be
           change ;                                                          maintained . Within four years thereafter , the Conference
                                                                             of the parties shall review the financial mechanism and
   ( b ) consider the information communicated in accordance                 take appropriate measures .
           with Article 12 ( 2 ) in order to assist the Conference of
           the parties in carrying out the reviews required by
           Article 4 ( 2 ) ( d ); and                                        5.       The developed country parties may also provide and
                                                                            developing country parties avail themselves of, financial
   ( c) assist the Conference of the parties , as appropriate , in          resources related to the implementation of the Convention
           the preparation and implementation of its decisions .            through bilateral , regional and other multilateral
                                                                            channels .
                                   Article 11
                                                                                                          Article 12
                             Financial mechanism
                                                                            Communication of information related to implementation
  1.        A mechanism for the provision of financial resources
  on a grant or concessional basis , including for the transfer
  of technology , is hereby defined . It shall function under               1.        In accordance with Article 4 ( 1 ) each party shall
  the guidance of, and be accountable to , the Conference of               communicate to the Conference of the parties , through the
                                                                            secretariat , the following elements of information :
  the parties , which shall decide on its policies , programme
 priorities and eligibility criteria related to this Convention .
  Its operation shall be entrusted to one or more existing                 ( a ) a national inventory of anthropogenic emissions by
  international entities .                                                          sources and removals by sinks of all greenhouse gases
                                                                                    not controlled by the Montreal Protocol , to the extent
                                                                                    its capacities permit , using comparable methodologies
 2.         The financial mechanism shall have an equitable and                     to be promoted and agreed upon by the Conference of
 balanced representation of all parties within a transparent                       the parties ;
 system of governance .
                                                                           ( b ) a general description of steps taken or envisaged by
 3.         The Conference of the parties and the entity or                        the party to implement the Convention ; and
 entities entrusted with the operation of the financial
 mechanism shall agree upon arrangements to give effect to
                                                                           ( c) any other information that the party considers
 the above paragraphs , which shall include the following:
                                                                                   relevant to the achievement of the objective of the
                                                                                   Convention      and    suitable      for     inclusion   in  its
 ( a ) modalities to ensure that the funded projects to                            communication , including, if feasible , material
          address climate change are in conformity with the                        relevant for calculations of global emission trends .
          policies , programme priorities and eligibility criteria
          established by the Conference of the parties ;
                                                                           2.         Each developed country party and each other party
( b ) modalities by which a particular funding decision may                included in Annex I shall incorporate in its communication
          be reconsidered in light of these policies , programme           the following elements of information :
         priorities and eligibility criteria ;
                                                                          ( a ) a detailed description of the policies and measures
( c) provision by the entity or entities of regular reports to                     that it has adopted to implement its commitment
         the Conference of the parties on its funding                              under Article 4 ( 2 ) ( a ) and ( 2 ) ( b ); and
 ---pagebreak---  No C 44 / 12                               Official Journal of the European Communities                                  16 . 2 . 93
 (b ) a specific estimate of the effects that the policies and         9.     Information received by the secretariat that is
      measures referred to in subparagraph ( a ) immediately           designated by a party as confidential , in accordance with
       above will have on anthropogenic emissions by its               criteria to be established by the Conference of the parties ,
       sources and removals by its sinks of greenhouse gases           shall be aggregated by the secretariat to protect its
       during the period referred to in Article 4 ( 2 ) ( a ).         confidentiality before being made available to any of the
                                                                       bodies involved in the communication and review of
                                                                       information .
 3.     In addition , each developed country party and each
 other developed party included in Annex II shall
 incorporate details of measures taken in accordance with              10 .    Subject to paragraph 9 above , and without
 Article 4 ( 3 ), ( 4 ) and ( 5 ).                                     prejudice to the ability of any party to make public its
                                                                       communication at any time , the secretariat shall make
                                                                       communications by parties under this. Article publicly
                                                                       available at the time they are submitted to the Conference
 4.     Developing country parties may , on a voluntary                of the parties .
 basis , propose projects for financing , including specific
 technologies , materials , equipment, techniques or practices
 that would be needed to implement such projects , along
 with , if possible , an estimate of all incremental costs , of
 the reductions of emissions and increments of removals of                                        Article 13
 greenhouse gases , as well as an estimate of the consequent
 benefits .
                                                                            Resolution of questions regarding implementation
 5.     Each developed country party and each other party              The Conference of the parties shall , at its first session ,
 included in Annex I shall make its initial communication
                                                                       consider the establishment of a multilateral consultative
within six months of the entry into force of the
                                                                      process , available to parties on their request , for the
 Convention for that party . Each party not so listed shall
                                                                       resolution of questions regarding the implementation of
make its initial communication within three years of the              the Convention .
entry into force of the Convention for that party , or of the
availability of financial resources in accordance with
Article 4 ( 3 ). Parties that are least developed countries may
make their initial communication at their discretion . The
frequency of subsequent communications by all parties                                             Article 14
shall be determined by the Conference of the parties ,
taking into account the differentiated timetable set by this
paragraph .                                                                                 Settlement of disputes
                                                                      1.     In the event of a dispute between any two or more
6.      Information communicated by parties under this
                                                                      parties concerning the interpretation or application of the
Article shall be transmitted by the secretariat as soon as
                                                                      Convention , the parties concerned shall seek a settlement
possible to the Conference of the parties and to any
                                                                      of the dispute through negotiation or any other peaceful
subsidiary bodies concerned . If necessary , the procedures           means of their own choice .
for the communication of information may be further
considered by the Conference of the parties .
                                                                      2.     When ratifying , accepting , approving or acceding to
                                                                      the Convention , or at any time thereafter , a party which is
7.      From its first session , the Conference of the parties        not a regional economic integration organization may
shall arrange for the provision to developing country                 declare in a written instrument submitted to the depositary
parties of technical and financial support , on request , in          that , in respect of any dispute concerning the
compiling and communicating information under this                    interpretation or application of the Convention , it
Article , as well as in identifying the technical and financial       recognizes as compulsory ipso facto and without special
needs associated with proposed projects and response                  agreement , in relation to any party accepting the same
measures under Article 4 . Such support may be provided               obligation :
by other parties , by competent international organizations
and by the secretariat , as appropriate .
                                                                      ( a ) submission of the dispute to. the International Court
                                                                            of Justice ; and / or
8.      Any group of parties may, subject to guidelines
adopted by the Conference of the parties , and to prior               ( b ) arbitration in accordance with procedures to be
notification to the Conference of the parties , make a joint                adopted by the Conference of the parties as soon as
communication in fulfilment of their obligations under this                 practicable , in an annex on arbitration .
Article , provided that such a communication includes
information on the fulfilment by each of these parties of its         A party which is a regional economic integration
individual obligations under the convention .                         organization may make a declaration with like effect in
 ---pagebreak---   16 . 2 . 93                               Official Journal of the European Communities                                     No C 44 / 13
  relation to arbitration in accordance with the procedures             shall as a last resort be adopted by a three-quarter
  referred to in subparagraph ( b ) above .                             majority vote of the parties present and voting at the
                                                                        meeting. The adopted amendment shall be communicated
  3.      A declaration made under paragraph 2 above shall              by the secretariat to the depositary , who shall circulate it
  remain in force until it expires in accordance with its terms        to all parties for their acceptance .
  or until three months after written notice of its revocation
  has been deposited with the depositary .
                                                                       4.     Instruments of acceptance in respect of an
                                                                       amendment shall be deposited with the depositary . An
  4.     A new declaration , a notice of revocation or the             amendment adopted in accordance with paragraph 3
  expiry of a declaration shall not in any way affect                  above shall enter into force for those parties having
  proceedings pending before the International Court of                accepted it on the 90th day after the date of receipt by the
 Justice or the arbitral tribunal , unless the parties to the          depositary of an instrument of acceptance by at least
  dispute otherwise agree .                                            three-quarters of the parties to the Convention .
  5.     Subject to the operation of paragraph 2 above , if
  after 12 months following notification by one party to               5.     The amendment shall enter into force for any other
  another that a dispute exists between them , the parties             party on the 90th day after the date on which that party
 concerned have not been able to settle their dispute                  deposits with the depositary its instrument of acceptance
 through the means mentioned in paragraph 1 above , the                of the said amendment .
 dispute shall be submitted , at the request of any of the
 parties to the dispute , to conciliation .
                                                                       6.     For the purposes of this Article , 'parties present and
 6.     A conciliation commission shall be created upon the            voting' means parties present and casting an affirmative or
 request of one of the parties to the dispute . The                    negative vote .
 commission shall be composed of an equal number of
 members appointed by each party concerned and a
 chairman chosen jointly by the members appointed by
 each party . The commission shall render a
                                                                                                    Article 16
 recommendatory award , which the parties shall consider
 in good faith .
                                                                       Adoption and amendment of Annexes to the Convention
 7.     Additional procedures relating to conciliation shall
 be adopted by the Conference of the parties , as soon as
 practicable , in an annex on conciliation .                           1.     Annexes to the Convention shall form an integral
                                                                      part thereof and , unless otherwise expressly provided , a
 8.     The provisions of this Article shall apply to any             reference to the Convention constitutes at the same time a
related legal instrument which the Conference of the                  reference to any Annexes thereto . Without prejudice to the
parties may adopt , unless the instrument provides                    provisions of Article 14 ( 2 ) ( b ) and ( 7 ), such Annexes shall
otherwise .                                                           be restricted to lists , forms and any other material of a
                                                                      descriptive nature that is of a scientific , technical ,
                                                                      procedural or administrative character.
                           Article 15
                                                                      2.     Annexes to the Convention shall be proposed and
                Amendments to the Convention                          adopted in accordance with the procedure set forth in
                                                                      Article 15 ( 2 ), ( 3 ) and ( 4 ).
1.      Any party may propose amendments to the
Convention .
                                                                      3.     An Annex that has been adopted in accordance with
                                                                      paragraph 2 above shall enter into force for all parties to
2.      Amendments to the Convention shall be adopted at              the    Convention       six months     after    the  date of  the
an ordinary session of the Conference of the parties . The            communication by the depositary to such parties of the
text of any proposed amendment to the Convention shall                adoption of the Annex , except for those parties that have
be communicated to the parties by the secretariat at least            notified the depositary , in writing , within that period of
six months before the meeting at which it is proposed for             their non-acceptance of the Annex . The Annex shall enter
adoption . The secretariat shall also communicate proposed            into force for parties which withdraw their notification of
amendments to the signatories to the Convention and , for            non-acceptance on the 90th day after the date on which
information , to the depositary .                                    withdrawal of such notification has been received by the
                                                                     depositary .
3.     The parties shall make every effort to reach
agreement on any proposed amendment to the Convention
by consensus . If all efforts at consensus have been                 4.      The proposal , adoption and entry into force of
exhausted , and no agreement reached , the amendment                 amendments to Annexes to the Convention shall be subject
 ---pagebreak---  No C 44 / 14                           Official Journal of the European Communities                                   16 . 2 . 93
 to the same procedure as that for the proposal , adoption                                   Article 20
 and entry into force of Annexes to the Convention in
 accordance with paragraphs 2 and 3 above .                                                   Signature
 5.     If the adoption of an Annex or an amendment to an          This Convention shall be open for signature by States
 Annex involves an amendment to the Convention , that              Members of the United Nations or of any of its specialized
 Annex or amendment to an Annex shall not enter into
                                                                   agencies or that are parties to the Statute of the
 force until such time as the amendment to the Convention
                                                                   International Court of Justice and by regional economic
 enters into force .
                                                                   integration organizations at Rio de Janeiro , during the
                                                                   United    Nations     Conference     on  Environment       and
                                                                   Development , and thereafter at United Nations
                                                                   Headquarters in New York from 20 June 1992 to 19 June
                           Article 17                              1993 .
                           Protocols
                                                                                             Article 21
 1.     The Conference of the parties may , at any ordinary
 session , adopt protocols to the Convention .
                                                                                       Interim arrangements
2.      The text of any proposed protocol shall be                 1.     The secretariat functions referred to in Article 8 will
communicated to the parties by the secretariat at least six
months before such a session .
                                                                   be carried out on an interim basis by the secretariat
                                                                   established by the General Assembly of the United Nations
                                                                   in its resolution 45 / 212 of 21 December 1990 , until the
3.      The requirements for the entry into force of any          completion of the first session of the Conference of the
protocol shall be established by that instrument.                 parties .
4.      Only parties to the Convention may be parties to a         2.     The head of the interim secretariat referred to in
protocol .                                                        paragraph 1 above will cooperate closely with the
                                                                  Intergovernmental Panel on Climate Change to ensure that
                                                                  the Panel can respond to the need for objective scientific
5.      Decisions under any protocol shall be taken only by       and technical advice . Other relevant scientific bodies could
the parties to the protocol concerned .                           also be consulted .
                                                                  3.      The Global Environment Facility of the United
                          Article 18                              Nations Development Programme , the United Nations
                                                                  Environment Programme and the International Bank for
                                                                  Reconstruction and Development shall be the international
                        Right to vote                             entity entrusted with the operation of the financial
                                                                  mechanism referred to in Article 11 on an interim basis . In
                                                                  this connection , the Global Environment Facility should
1.      Each party to the Convention shall have one vote ,        be appropriately restructured and its membership made
except as provided for in paragraph 2 below .
                                                                  universal to enable it to fulfil the requirements of
                                                                  Article 11 .
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 the Convention .                                     Article 22
Such an organization shall not exercise its right to vote if
any of its member States exercises its right , and vice                  Ratification, acceptance, approval or accession
versa .
                                                                  1.     The Convention shall be subject to ratification ,
                                                                  acceptance , approval or accession by States and by
                          Article 19                              regional economic integration organizations . It shall be
                                                                  open for accession from the day after the date on which
                                                                  the Convention is closed for signature. Instruments of
                          Depositary                              ratification , acceptance , approval or accession shall be
                                                                  deposited with the depositary .
The Secretary-General of the United Nations shall be the
Depositary of the Convention and of protocols adopted in          2.     Any regional economic integration organization
accordance with Article 17 .                                      which becomes a party to the Convention without any of
 ---pagebreak---  16 . 2 . 93                             Official Journal of the European Communities                               No C 44 / 15
 its member States being a party shall be bound by all the                                    Article 24
 obligations under the Convention . In the case of such
organizations , one or more of whose member States is a                                      Reservations
 party to the Convention , the organization and its member
 States shall decide on their respective responsibilities for
the performance of their obligations under the                      No reservations may be made to the Convention .
 Convention . In such cases , the organization and the
 member States shall not be entitled to exercise rights under
 the Convention concurrently .                                                                Article 25
                                                                                             Withdrawal
3.       In their instruments of ratification , acceptance ,
approval or accession , regional economic integration
organizations shall declare the extent of their competence          1.     At any time after three years from the date on which
with respect to the matters governed by the Convention .            the Convention has entered into force for a party , that
These organizations shall also inform the depositary , who          party may withdraw from the Convention by giving
shall in turn inform the parties , of any substantial               written notification to the depositary .
modification in the extent of their competence .
                                                                    2.    Any such withdrawal shall take effect upon expiry of
                                                                    one year from the date of receipt by the depositary of the
                                                                    notification of withdrawal , or on such later date as may be
                           Article 23                               specified in the notification of withdrawal .
                                                                   3.     Any party that withdraws from the Convention shall
                       Entry into force                            be considered as also having withdrawn from any protocol
                                                                   to which it is a party .
1.      The Convention shall enter into force on the 90th
day after the date of deposit of the 50th instrument of
ratification , acceptance , approval or accession .                                           Article 26
                                                                                           Authentic texts
2.      For each State or regional economic integration
organization that ratifies , accepts or approves the
Convention or accedes thereto after the deposit of the 50th        The original of this Convention , of which the Arabic ,
instrument of ratification , acceptance , approval or              Chinese , English , French , Russian and Spanish texts are
accession , the Convention shall enter into force on the           equally authentic, shall be deposited with the
90th day after the date of deposit by such State or regional       Secretary-General of the United Nations .
ecconomic integration organization of its instrument of
ratification , acceptance , approval or accession .
                                                                   IN WITNESS WHEREOF the undersigned , being duly
3.      For the purposes of paragraphs 1 and 2 above , any         authorized to that effect , have signed this Convention .
instrument deposited by a regional economic integration
organization shall not be counted as additional to those           DONE at New York this ninth day of May one thousand
deposited by States members of the organization .                  nine hundred and ninety-two .
 ---pagebreak---    No C 44 / 16                                   Official Journal of the European Communities                                     16 . 2 . 93
                                                                         ANNEX 1
   Australia                                                                  Japan
   Austria                                                                    Latvia ( a )
   Belarus ( a )                                                              Lithuania ( a )
   Belgium                                                                    Luxembourg
   Bulgaria ( a )                                                             Netherlands
   Canada                                                                     New Zealand
   Czechoslovakia                                                             Norway
  Denmark                                                                     Poland ( a )
   European Community                                                         Portugal
  Estonia ( a )                                                               Romania ( a )
  Finland                                                                     Russian Federation ( a )
  France                                                                      Spain
  Germany                                                                     Sweden
  Greece                                                                      Switzerland
  Hungary                                                                     Turkey
  Iceland                                                                     Ukraine ( a )
  Ireland                                                                     United Kingdom of Great Britain and Northern Ireland
  Italy                                                                       United States of America
( a ) Countries that are undergoing the process of transition to a market
      economy .
 ---pagebreak---  16 . 2 . 93       Official Journal of the European Communities                              No C 44 / 17
                                        ANNEX II
Australia                                     Italy
Austria                                      Japan
Belgium                                       Luxembourg
Canada                                        Netherlands
                                              New Zealand
Denmark
                                              Norway
European Community
                                              Portugal
Finland
                                              Spain
France
                                              Sweden
Germany                                      Switzerland
Greece
                                             Turkey
Iceland                                      United Kingdom of Great Britain and Northern Ireland
Ireland                                      United States of America
 ---pagebreak--- No C 44 / 18                            Official Journal of the European Communities                                   16 . 2 . 93
                                           Annex II to the report of the committee
              RESOLUTION         ADOPTED         BY    THE      INTERGOVERNMENTAL               NEGOTIATING
                     COMMITTEE FOR A FRAMEWORK CONVENTION ON CLIMATE CHANGE
                                             INC / 1992 / 1 Interim arrangements
THE INTERGOVERNMENTAL NEGOTIATING                                  3.     REQUEST FURTHER the Secretary-General to make
COMMITTEE FOR A FRAMEWORK CONVENTION ON                            recommendations to the General Assembly at its 47th
CLIMATE CHANGE ,                                                   session regarding arrangements for further sessions of the
                                                                   Committee until the entry into force of the Convention ;
HAVING AGREED UPON AND ADOPTED the text of the
United Nations Framework Convention on Climate
Change ,                                                           4.     INVITES the Secretary-General to include in his
                                                                   report to the General Assembly , as required in
                                                                   paragraphs 4 and 9 of resolution 46 / 169 , proposals that
CONSIDERING that preparations are required for an early            would enable the secretariat established under resolution
and effective operation of the Convention once it has              45 / 212 to continue its activities until the designation of
entered into force ,                                               the secretariat of the Convention by the Conference of the
                                                                   parties ;
FURTHER       CONSIDERING       that ,  in    the    interim
arrangements , involvement in ' the negotiations of all            5.     APPEALS to governments and organizations to make
participants in the Committee is essential ,                       voluntary contributions to the extra-budgetary funds
                                                                   established under General Assembly resolution 45 / 212 in
                                                                   order     to contribute  to   the   costs   of  the   interim
RECALLING General Assembly resolutions 45 / 212 of                 arrangements , and to ensure full and effective
21 December 1990 and 46 / 169 of 19 December 1991 ,
                                                                  participation of developing countries , in particular the
                                                                  least-developed countries and small island developing
1.     CALLS UPON all States and regional economic                countries , as well as developing countries stricken by
integration organizations entitled to do so to sign the           drought and desertification , in all the sessions of the
Convention during the United Nations Conference on                Committee ;
Environment and Development in Rio de Janeiro or at the
earliest subsequent opportunity and thereafter to ratify ,
accept , approve or accede to the Convention ;                    6.      INVITES States and regional economic integration
                                                                  organizations entitled to sign the Convention to
                                                                  communicate as soon as feasible to the head of the
2.     REQUESTS the Secretary-General to make the                 secretariat information regarding measures consistent with
necessary arrangements for convening a session of the             the provisions of the Convention pending its entry into
Committee , in accordance with paragraph 4 of General             force .
Assembly resolution 46 / 169 , to prepare for the first
session of the Conference of the parties as specified in the
Convention ;                                                                                                      9 May 1992
 ---pagebreak--- 16 . 2 . 93                                     Official Journal of the European Communities                                   No C 44 / 19
                                                                   ANNEX 11
             DECLARATION             BY    THE     EUROPEAN       ECONOMIC      COMMUNITY      ACCORDING          TO    THE
              PROVISIONS OF ARTICLE 22 ( 3 ) OF THE FRAMEWORK CONVENTION ON CLIMATE CHANGE
             In accordance with the relevant provisions of the EEC Treaty as amended by the Single European Act ( and the
            Treaty of the European Union ), the Community has competence to take actions aiming at the protection of
            the atmosphere and of the climate including the competence to enter into international agreements. This
            competence is exclusive in the area of trade. In the areas covered by Community legislation , as listed below , it
             is partly exclusive , partly mixed .
            In the future the Community may well take further responsibilities by adopting more specific legislation
            regarding climate change .
                                          LIST OF COMMUNITY LEGISLATION AND ACTIONS
            A. Energy sector general
                   1 . Council Regulation (EEC) No 2008 / 90 concerning the promotion of energy technology in Europe
                        ( Thermie programme ) ( OJ No L 185 , 17 . 7 . 1990 )
                   2 . Council Decision 89 / 364 / EEC on a Community action programme for improving the efficiency of
                        electricity uses ( OJ No L 157 , 9 . 6 . 1989 )
                   3 . Council Decision 91 / 565 / EEC concerning the promotion of energy efficiency in the Community
                        ( SAVE programme ) ( OJ No L 307 , 8 . 11 . 1991 )
                   4 . Council resolution of 16 September 1986 concerning new Community energy policy objectives for
                        1995 and convergence of the policies of the Member States ( OJ No C 241 , 25 . 9 . 1986 )
                   5 . Council resolution of 26 November 1986 on a Community approach to developing new and
                        renewable energy sources ( OJ No C 316 , 9 . 12 . 1986 )
                   6 . Communication from the Commission to the Council on clean and efficient energy for development
                        ( SEC(92 ) 708 of 26 . 5 . 1992 )
                  7 . Communication from the Commission to the Council on 'Energy and environment' (COM(89 ) 369
                        final of 8 . 2 . 1990 )
                   8 . Proposition de Directives du Conseil concernant l'indication de la consommation des appareils
                       domestiques en énergie et en autres ressources , par voie d'étiquetage et d'informations uniformes
                       relatives aux produits ( COM(91 ) 285 final of 6 . 8 . 1991 )
                   9 . Proposal for a Directive concerning the efficiency requirements for new hot-water boilers fired with
                       liquid or gaseous fuels ( COM(90 ) 368 of 22 . 11 . 1990 )
            B. Community strategy on C02 emission stabilization
                 10 . Communication de la Commission concernant une strategie communautaire pour limiter les
                       émissions de C02 et améliorer l'efficacité energetique ( COM(92) 246 final of 1 . 6 . 1992 )
                 11 . Proposal for a Council Decision for a monitoring mechanism of Community C02 and other
                       greenhouse gas emissions ( SEC(92 ) 854 final of 22 . 5 . 1992 )
                 12 . Proposal for a Council Directive to limit carbon dioxide emissions by improving energy efficiency
                       ( SAVE programme ) ( COM(92 ) 182 final of 26 . 6 . 1992 )
                 13 . Proposal for a Council Directive introducing a tax on carbon . dioxide emissions and energy
                       ( COM(92 ) 226 final of 30 . 6 . 1992 )
                 14. Proposal for a Council Decision concerning the promotion of renewable energy sources in the
                       Community ( Altener programme ) ( COM(92 ) 180 final of 29 . 6 . 1992 )
            C.   Financial instruments
                 15 . Council Regulation ( EEC ) No 1973 / 72 of 21 May 1992 establishing a financial instrument for the
                       environment ( LIFE ) ( OJ No L 206 , 22 . 7 . 1992 )
                 16 . Recommendation for a Council Decision on the Community's participation in the Global
                       Environment Facility ( GEF ) ( SEC(92 ) 694 , 5 May 1992 )
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                 17 . Council Regulation ( EEC ) No 443 / 92 of 25 February 1992 on financial and technical assistance to ,
                        and economic cooperation with , the developing countries in Asia and Latin America ( OJ No L 52 ,
                        27 . 2 . 1992 )
                  18 . Council Regulation ( EEC ) No 1762 / 92 of 29 June 1992 concerning the application of protocols
                        related to technical and financial cooperation between the Community and Mediterranean
                        non-member countries ( OJ No L 181 , 1 . 7 . 1992 )
                  19 . Council Regulation (EEC ) No 1763 / 92 of 29 June 1992 concerning financial cooperation in respect
                        of all Mediterranean non-member countries ( OJ No L 181 , 1 . 7 . 1992 )
                 20 . Council and Commission Decision 91 / 400 / ECSC , EEC of 25 February 1991 on the conclusion of
                        the 4th ACP-EEC Convention ( OJ No L 229 , 7 . 8 . 1991 )
             D. Research and systematic observation
                 21 . Council Regulation (EEC ) No 1210 / 90 of 7 May 1990 on the establishment of the European
                        Environment Agency and the European environment information and observation network ( OJ No
                       L 120 , 11 . 5 . 1990 )
                 22 . Council Decision 89 / 625 / EEC of 20 November 1989 on a European programme on climatology
                        and natural hazards ( Epoch ) and a European programme on science and technology for environment
                       protection ( STEP ) ( OJ No L 359 , 8 . 12 . 1989 )
                 23 . Council Decision 91 / 354 / EEC og 7 June 1991 on a Community research and technological
                       development programme in the field of the environment ( 1990 to 1994 ) ( OJ No C 192 , 16 . 7 .
                        1991 )
                 24 . Council Decision 89 / 236 / EEC on a specific research and technological development programme in
                       the field of energy : non-nuclear energies and rational use of energy (Joule programme ) ( OJ No L 98 ,
                       11 . 4 . 1989 )
             E . Forestry
                 25 . Council Regulation ( EEC ) No 3528 / 86 of 17 November 1986 on the protection of the Community's
                       forests against atmospheric pollution ( OJ No L 217 , 31 . 7 . 1992 ), as amended by Regulation ( EEC )
                       No 2157 / 92
                 26 . Council Regulation ( EEC ) No 2158 / 92 of 23 July 1992 on the protection of the Community's
                       forests against fire ( OJ No L 217 , 31 . 7 . 1992 )
                 27 . Council Regulation ( EEC ) No 1765 / 92 of 30 June 1992 establishing a support system for producers
                       of certain arable crops ( OJ No L 181 , 1 . 7 . 1992 )
                 28 . Council Regulation ( EEC ) No 2080 / 92 of 30 June 1992 instituting a Community aid scheme for
                       forestry measures in agriculture ( OJ No L 215 , 30 . 7 . 1992 )
             F.  Transport
                 29 . Council Directive 92 / 6 / EEC on the installation and use of speed limitation devices for certain
                       categories of motor vehicles in the Community ( OJ No L 57 , 2 . 3 . 1992 )
                 30 . Proposal for a Council Directive amending Directive 77 / 143 / EEC on the approximation of the laws
                       of the Member States relating to roadworthiness tests for motor vehicles and their trailers ( exhaust
                       emissions ) ( COM(91 ) 244 final — OJ No C 189 , 20 . 7 . 1991 )
                 31 . Council Directive 91 / 440 / EEC of 29 July 1991 on the development of the Community railways ( OJ
                       No L 237 , 24 . 8 . 1991 )
                 32 . Council Regulation ( EEC ) No 1893 / 91 of 20 June 1991 amending Regulation ( EEC ) No 1191 / 89
                       on action by Member States concerning the obligations inherent in the concept of a public service in
                       transport by rail , road and inland waterway ( OJ No L 169 , 29 . 6 . 1991 )
                 33 . Council Directive 75 / 130 / EEC of 17 February 1975 on the establishment of common rules of
                       certain types of combined rail / road carriages of goods between Member States ( OJ No L 48 , 22 . 2 .
                       1975 ) in the process of being modified by communication concerning the creation of a European
                       combined transport network ( COM(92 ) 230 )
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                                                         ANNEX III
            DRAFT DECLARATION ON THE IMPLEMENTATION OF THE UN FRAMEWORK CONVENTION
                                ON CLIMATE CHANGE BY THE EUROPEAN COMMUNITY
            The European Community and its Member States reaffirm the objective of stabilization of C0 2 emissions by
            the year 2000 at 1990 level in the Community as a whole .