CELEX: 51998PC0096
Language: el
Date: 1998-02-23
Title: Πρόταση απόφασης του Συμβουλίου σχετικά με την εκ μέρους της Ευρωπαϊκής Κοινότητας υπογραφή Πρωτοκόλλου της Σύμβασης-πλαισίου των Ηνωμένων Εθνών για τις Κλιματικές Αλλαγές

ΕΠΙΤΡΟΠΗ ΤΩΝ ΕΥΡΩΠΑΪΚΩΝ ΚΟΙΝΟΤΗΤΩΝ
                                           Βρυξέλλες, 23.02.1998
                                           €ΟΜ(1998)96τελικό
                                Πρόχαση
                   ΑΠΟΦΑΣΗΣ ΤΟΥ ΣΥΜΒΟΥΛΙΟΥ
σχεχιχά με χην εχ μέρους χης Ευρωπαϊχής Κοινόχηχας υπογραψή Πρωχοχόλλου
  χης Σύμβασης-πλαισίου χων Ηνωμένων Εθνών για χις Κλιμαχιχές Αλλαγές
                     (υποβληθείσα από την Επιχροπή)
 ---pagebreak---  ---pagebreak---                                      Αιχιολογική έκθεση
Σχις 4 Φεβρουαρίου 1991, χο Συμβούλιο εξουσιοδόχησε χην Επιχροπή να
εκπροσωπήσει χην Κοινόχηχα σχις διαπραγμαχεύσεις για χη σύναψη Σύμβασης για χις
                                                         1
Κλιμαχικές Αλλαγές και οιωνδήποχε σχεχικών Πρωχοκόλλων .
Η Σύμβαση-πλαίσιο χων Ηνωμένων Εθνών για χις Κλιμαχικές Αλλαγές υπεγράφη από
χην Κοινόχηχα και όλα χα Κράχη Μέλη χης χον Ιούνιο χου 1992 και κυρώθηκε από χην
                                                             2
Κοινόχηχα σύμφωνα με χην απόφαση χης 15ης Δεκεμβρίου 1993 .
Η πρώχη συνδιάσκεψη χων Συμβαλλομένων Μερών χης Σύμβασης πραγμαχοποιήθηκε
σχο Βερολίνο από χις 28 Μαρχίου έως χις 7 Απριλίου 1995 και καχέληξε σε συμφωνία
για χην έναρξη μιας διαδικασίας, που θα επιχρέπει σχα Συμβαλλόμενα Μέρη να
αναλάβουν καχάλληλη δράση για χην περίοδο μεχά χο 2000 και σχην. οποία
συμπεριλαμβάνεχαι η αύξηση χων υποχρεώσεων χων Συμβαλλομένων Μερών χου
Παραρχήμαχος I χης Σύμβασης για χις Κλιμαχικές Αλλαγές, με χην έγκριση
Πρωχοκόλλου ή άλλης νομικής πράξης. Σχην εν λόγω συνδιάσκεψη συγκροχήθηκε
ομάδα &ά ηοο ανοικχής σύνθεσης από Συμβαλλόμενα Μέρη, που ανέλαβε χο καθήκον
να υποβάλει σχη δεύχερη συνδιάσκεψη χων Συμβαλλομένων Μερών έκθεση σνεχικά με
χην εξέλιξη χης διαδικασίας.
Η ομάδα αα Ηοο χης λεγόμενης "ενχολής χου Βερολίνου" συνήλθε οκχώ φορές.
Οι διαπραγμαχεύσεις σχα θέμαχα αρμοδιόχηχας χης Κοινόχηχας διεξήχθηκαν σύμφωνα
με χις διαπραγμαχευχικές οδηγίες που εξέδωσε χο Συμβούλιο σχις 4 Φεβρουαρίου 19913
και με χα διαδοχικά συμπεράσμαχα χου Συμβουλίου σχεχικά με χις κλιμαχικές αλλαγές,
από χα οποία χα πιο πρόσφαχα εγκρίθηκαν σχις συνόδους χου Συμβουλίου
Περιβάλλονχος χης 3ης Μαρχίου, χης 19ης Ιουνίου και χης 16ης Οκχωβρίου 1997.
Η Συνδιάσκεψη χων Συμβαλλομένων Μερών που έγινε από χις 1 έως 10 Δεκεμβρίου
σχο Κυόχο χης Ιαπωνίας υιοθέχησε χελικά χο Πρωχόκολλο.
Μολονόχι χο Πρωχόκολλο που εγκρίθηκε χελικά δεν είναι χόσο φιλόδοξο όσο οι
διαπραγμαχευχικοί σχόχοι χης Ευρωπαϊκής Ένωσης, χα αποχελέσμαχα χων
διαπραγμαχεύσεων είναι θεχικά για χο περιβάλλον χου πλανήχη, δεν ανχίκεινχαι σχο
κοινοχικό δίκαιο και είναι συμβαχά με χα προαναφερόμενα συμπεράσμαχα χου
Συμβουλίου. Η Κοινόχηχα θα πρέπει να πρωχοσχαχήσει και σχο θέμα χης υπογραφής
και, συνεπώς, έχει κάθε συμφέρον να είναι σε θέση να υπογράψει χο Πρωχόκολλο χο
συνχομώχερο δυναχόν από χη σχιγμή που θα καχαχεθεί προς υπογραφή, σχις 16
Μαρχίου 1998 σχη Νέα Υόρκη. Το Πρωχόκολλο θα παραμείνει ανοικχό προς υπογραφή
 μέχριχις 15 Μαρχίου 1999. Οσον αφορά χα επόμενα βήμαχα, χο Πρωχόκολλο υπόκειχαι
σχην κύρωση ή αποδοχή χου εκ μέρους χων Συμβαλλομένων Μερών χης Σύμβασης.
Μιά πρόχαση απόφασης χού Συμβουλίου γιά κυρωχική πράξη θα υποβληθεί από χην
Επιχροπή εν καιρώ.
 Με δεδομένες χις δημόσιες δηλώσεις θέσεων από σημανχικούς εχαίρους, είναι ήδη
 σαφές όχι η συνολική εφαρμογή εξαρχάχαι από χην περαιχέρω πρόοδο πού θα γίνει σχα
 1
    Έγγραφο αριθ. 4446/91 ΕΝν 34 ΕΝΕΚ. 4
 2  ΕΕ αριθ. ί 33 της 7.2.94, σ. 11
 3
    Έγ/ραφο αριθ. 4446/91 ΕΝΥ 34 ΕΝΕΚ 4
                                                   "7
 ---pagebreak--- επόμενα χρόνια, χο λιγόχερο σε θέμαχα όπως η από κοινού εφαρμογή, οι όροι εξαγοράς
χων εκπομπών καί ο ρόλος χων αναπχυσσόμενων χωρών. Η Επιχροπή θα κάνει
καχάλληλες προχάσεις εν καιρώ.
Ζηχείχαι επομένως από χο Συμβούλιο να αποφασίσει χην υπογραφή χου Πρωχοκόλλου
χης Σύμβασης για χις Κλιμαχικές Αλλαγές και να εξουσιοδοχήσει χον Πρόεδρό χου να
ορίσει χα πρόσωπα που θα είναι αρμόδια να χο υπογράψουν εξ ονόμαχος χης
Κοινόχηχας.
                                                 ζ
 ---pagebreak---                         Ηρόταση Απόφασης χου Συμβουλίου
  σχετικά με την εκ μέρους της Ευρωπαΐκής Κοινότητας υπογραφή Πρωχοκόλλου
     της Σύμβασης-πλαιβίου των Ηνωμένων Εθνών για χις Κλιματικές Αλλαγές
ΤΟ ΣΥΜΒΟΥΛΙΟ ΤΗΣ ΕΥΡΩΠΑΪΚΗΣ ΕΝΩΣΗΣ
Έχονχαςυπόψη:
  χη συνθήκη για χην ίδρυση χης Ευρωπαϊκής Κοινόχηχας,
  χην πρόχαση χης Επιχροπής,
Εκχιμώνχας:
  όχι η Κοινόχηχα είναι Συμβαλλόμενο Μέρος χης Σύμβασης-πλαισίου χων Ηνωμένων
Εθνών για χις Κλιμαχικές Αλλαγές,
  όχι η Επιχροπή μεχείχε εξ ονόμαχος           χης Κοινόχηχας, σύμφωνα με χις
διαπραγμαχευχικές οδηγίες που εξέδωσε χο Συμβούλιο σχις 4 Φεβρουαρίου 1991 και με
χα διαδοχικά συμπεράσμαχα χου Συμβουλίου σχεχικά με χις κλιμαχικές αλλαγές, σχην
ομάδα &ά Ιιοο χης ενχολής χου Βερολίνου, η οποία συγκροχήθηκε σχις 7 Απριλίου 1995
από χην πρώχη συνδιάσκεψη χων Συμβαλλομένων Μερών χης Σύμβασης με σκοπό χην
ανάληψη καχάλληλης δράσης για χην περίοδο μεχά χο 2000,
  όχι χο Πρωχόκολλο υιοθεχήθηκε από χην Συνδιάσκεψη χων Συμβαλλομένων Μερών
χης Σύμβασης-πλαισίου χων Ηνωμένων Εθνών για χις Κλιμαχικές Αλλαγές που έλαβε
χώρα σχο Κυόχο από χις 1 έως 10 Δεκεμβρίου 1997,
  όχι χο Πρωχόκολλο αποσκοπεί σχην μείωση χων εκπομπών χων αερίων που
ευθύνονχαι για χο φαινόμενο χου θερμοκηπίου και, ως εκ χούχου, συμβάλλει σχην
επίχευξη χων σχόχων χης κοινοχικής πολιχικής σχον χομέα χου περιβάλλονχος,
  όχι είναι σκόπιμο επομένως να υπογράψει η Κοινόχηχα χο εν λόγω Πρωχόκολλο,
ΑΠΟΦΑΣΙΖΕΙ:
ΑΡΘΡΟ ΜΟΝΟ
Ο Πρόεδρος χου Συμβουλίου εξουσιοδοχείχαι να ορίσει χα πρόσωπα που είναι αρμόδια
να υπογράψουν εξ ονόμαχος χης Κοινόχηχας χο Πρωχόκολλο χης Σύμβασης για χις
Κλιμαχικές Αλλαγές που υιοθεχήθηκε σχις 10 Δεκεμβρίου 1997 σχο Κυόχο χης
Ιαπωνίας.
Βρυξέλλες,                                       Για χο Συμβούλιο
                                                   Ο Πρόεδρος
                                           ^
 ---pagebreak---              UNITED
             NATIONS
            Framework Conventioii                                      Distr
                 on tSlimate tShange                                   LIMTTED
                                                                       FCCC/CP/1997/L.7/Add.l
                                                                        10Decemberl997
Subject to technical revision
                                                                       Original: ENGLISH
   CONFERENCE OF THE PARTIES
   Third session
   Kyoto, 1-10 December 1997
   Agenda item 5
                               ~ KYOTO PROTOCOL TO THE
        UNITED NATIONS FRAMEWORK CONVENTION ON CLBMATE CHANGE
           The Parties to this Protocol,
          Being Parties to the United Nations Framework Convention on Climate Change,
   hereinafter referred to 3s "the Convention",
          Inpursuit of the ultimate objective of the Convention ss stated in its Article 2,
          Recalling the provisions of the Convention,
          Being guided by Article 3 of the Convention,
          Pursuant to the Berlin Mandate sdopted by decision 1/CP.l of the
   Conference of the Psrties to the Convention at its first session,
           Have agreed as follows:
                                                 Article 1
           For the purposes of this Protocol, the definitions contsined in Article 1 of the Convention
   shallapply. Inaddition:
   1.      "Conference of the Parties" means the Conference of the Psrties to the Convention.
                                            W
 ---pagebreak--- FCCC/CP/1997/L.7/Add.l
English
Page2
2.      "Convention" means the United Nstions Framework Convention on Climste Change,
adopted in New York on 9 May 1992.
3.      "Intergovernmental Panel on Climate Chsnge" means the Intergovernmental Panel on
Climate Change established in 1988 jointly by the World Meteorological Organization and the
United Nations Environment Programme.
4.      "Montreal Protocol" means the Montreal Protocol on Substsnces that Deplete the Ozone
Lsyer, sdopted in Montresl on 16 September 1987 snd ss subsequently sdjusted snd smended.
5.      "Parties presënt and voting" means Parties present and castjng an affirmstive or negstive
vote.
6.      "Party" means, unless the context otherwise indicates, 3 Party to this Protocol.
7.      "Party included in Annex I" means a Psrty included in Annex I to the Convention, ss
may be amended, or 3 Pàrty which lias msde 3 notificstion under Article 4, paragraph 2(g), of the
Convention.
                                              Article 2
1.      Each Party included in Annex I in schieving its quantified emission limitstion snd
reduction commitments under Article 3, in order to promote sustsinable development, shall:
        (3)     Implement and/or further elsborate policies and measures in accordsnce with its
national circumstances, such as:
                (i)     Enhancement of energy efflciency in relevant sectors of the nstional
                        economy;
                (ii)    Protection and enhancement of sinks and reservoirs of greenhouse gsses
                        not controlled by the Montreal Protocol, taking into account its
                        commitments under relevsnt international environmentsl sgreements;
                        promotion of sustainable forest management practices, afforestation and -
                         reforeststion;
                (iu)    Promotion of sust3inable forms of sgriculture in Ught of climste change
                        considerations;
                (iv)    Promotion, research, development snd incressed use of new and
                        renewable forms of energy, of csrbon dioxide sequestration technologies
                        snd of advanced and innovative environmentslly sound technologies;
                                                   r
 ---pagebreak---                                                                FCCC/CP/1997/L.7/Add. 1
                                                               English
                                                               Page 3
                 (v)    Progressive reduction or phasing out of msrket imperfections, fiscsl
                        incentives, tsx and duty exemptions snd subsidies in sll greenhouse gss
                        emitting sectors thst run counter to the objective of the Convention snd
                        apply market instruments;
                 (vi)   Encouragement of appropriste reforms in relevsnt sectors aimed at
                        promoting pohcies and messures which limit or reduce emissions of
                        greenhouse gsses not controlled by the Montreal Protocol;
                 (vii)  Measures to limit and/or reduce emissions of greenhouse gsses not
                        coritrblled by the Montresl Protocol in the transport sector;
                 (viii) Limitation and/or reduction of methane through recovery and use in waste
                        management, as well ss in the production, transport and distribution of
                        energy;
         (b)     Cooperate with other such Parties to enhsnce the individusl and combined
effectiveness of their policies and measures adopted under this Article, pursuant to Article 4,
paragraph 2(e)(i), of the Convention. To this end, these Parties shall take steps to share their
experience snd exchange information on such policies snd messures, including developing wsys
of improving their compsrabiUty, transpsrency snd effectiveness. The Conference of the Psrties
serving ss the meeting of the Psrties to this Protocol shall, st its first session or ss soon ss
practicable thereafter, consider wsys to fscilitate such cooperation, taking into account all
relevant information.
2.       The Parties included in Annex I shall pursue limitation or reduction of emissions of
greenhouse gases not controlled by the Montreal Protocolfromavistion snd msrine bunker fuels,
working through the International Civil Aviation Organization and the Intemational Maritime
Organization, respectively.
3.       The Parties included in Annex I shall strive to implement policies and measures under
this Article in such a wsy ss to minimize sdverse effects, including the sdverse effects of climste
chsnge, effects on internstionsl trsde, snd socisl, environmentsl snd economic impscts on other
Psrties, especisUy developing country Psrties snd in psrticulsr those identified in Article 4,
paragraphs 8 and 9 of the Convention, taking into account Article 3 of the Convention. The
Conference of the Psrties serving ss the meeting of the Psrties to this Protocol msy take further
sction, as appropriate, to promote the implementation of the provisions of this paragraph.
4.       The Conference of the Parties serving as the meeting of the Parties to this Protocol, if it
decides that it would be beneficial to coordinate any of the policies snd measures in
paragraph 1(a) above, taking into account different national circumstances and potential effects,
 shall consider ways and means to elsborste the coordinstion of such policies snd measures.
                                                    c
 ---pagebreak--- FCCC/CP/1997/L.7/Add.l
English
Page 4
                                                 Article 3
1.        The Parties included in Annex I shall, individuslly or jointly, ensure that their sggregste
snthropogenic carbon dioxide equivslent emissions df the greenhouse gsses listed in Annex A do
not exceed their sssigned amounts, cslculsted pursusnt to their qusntified emission limitstion snd
reduction commitments inscribed in Annex B snd in accordance with the provisions of this
Article, with a view to reducing theiroverall emissions of such gsses by at least 5 per cent below
1990 levels in the commitment period 2008 to 2012.
2.        Each Psrty included in Annex I shsll, by 2005, have msde demonstrable progress in
schieving its commitments under this Protocol.                     ~^r                         '..
3.        The net chsnges in greenhouse gss emissions from sources snd remoysls by sinks
resulting from direct humsn-induced lsnd use chsnge^ sndjbrestry &ctivitie^ymiteQrto~
sfforeststion, reforeststion, snd deforeststion since 1990, messured ss veririsble chsnges in
stocks in each commitmenf period shall be used to meet the commitments in this Article of each
Party included in Annex I. The greenhouse gas emissionsfromsources and removsls by sinks
sssocisted with those sctivities shall be reported in s transparent snd verifisble msnner snd
reviewed in sccordance with Articles 7 and 8.
4.        Prior to thefirstsession of the Conference of the Parties serving as the meeting of the
Parties to this Protocol, each Party included in Annex I shall provide for consideration by the
Subsidiary Body for Scientiflc snd Technologicsl Advice dats to estsblish its level of carbon
stocks in 1990 and to enable an estim&te to be made of its changes in carbon stocks in subsequent
years. The Conference of the Psrties serving ss the meeting of the Parties to this Protocol shall,
at its first session or as soon as practicsble there&fter, decide upon modalities, rules and
guidelines as to how and which additionsl humsn-induced activities related to chsnges in
greenhouse gss emissions snd removsls in the sgricultural soil and land use change snd forestry
categories, shall be added to, or subtractedfrom,the assigned amount for Parties included in
Annex I, taking into account uncertainties, transparency in reporting, verifiability, the
methodological work of the Intergovernmental Panel on Climate Change, the advice provided by
the Subsidiary Body for Scientific and Technological Advice in accordance with Article 5 and
the decisions of the Conference of the Parties. Such a decision shall apply in the second and
subsequent commitment periods. A Party msy choose to apply such a decision on these
additionsl humsn-induced sctivities for its first commitment period, provided that these activities
have taken place since 1990.
5.        The Parties included in Annex I undergoing the process of transition to a market
economy whose base year or period was established pursuant to decision 9/CP.2 of the
Conference of the Parties st its second session, shsll use that base year or period for the
implementation of their commitments under this Article. Any other Psrty included in
Annex I undergoing the process of transition to a market economy which hss not yet submitted
itsfirstnstionsl communicstion under Article 12 of the Convention msy also notify the
                                                      1
 ---pagebreak---                                                                 FCCC/CP/1997/L.7/Add.l
                                                                English
                                                                Psge 5
Conference of the Psrties serving ss the meeting of the Psrties to this Protocol thst it intends to
use 3 historical bsse yesr or period other thsn 1990 for the implementation of its commitments
under this Article. Tlie Conference of the Parties serving ss the meeting of the Psrties to thisv
Protocol shall decide on the acceptance ofsuch notification.
6.      Taking into account Article 4, psrsgrsph 6, of the Convention, in the implementstion of
their commitments under this Protocol other thsn those in this Article, a certain degree of
flexibility shall be allowed by the Conference of the Psrties serving ss the meeting of the Psrties
to this Protocol to the Psrties included in Annex I undergoing the process of trsnsition to a
market economy.
7.       In thefirstquantified emission limitstion 3nd reduction commitment period, from
2008 to 2012, the sssigned amount for esch Psrty included in Annex I shsll be equsl to the
percentsge inscribed for it in Annex B of its sggregste snthropogenic carbon dioxide equivslent
emissions of the greenhouse gsses listed in Annex A in 1990, or the bsse yesr or period
determined in sccordance with paragraph 5 sbove, multiplied by five. Those Psrties included in
Annex I for whom lsnd use chsnge snd forestry constituted s net source of greenhouse gss
emissions in 1990 shsll include in their 1990 emissions bsse yesr or period the sggregste
anthropogenic carbon dioxide equivalent emissions minus removals in 1990fromlsnd use
change for the purposes of cslculsting their sssigned smount
8.       Any Party included in Annex I may use 1995 as its base yesr for hydrofluorocsrbons,
perfluorocsrbons snd sulphur hexsfluoride, for the purposes of the cslculstion referred to in
psragraph 7 3bove.
9.       Commitments for subsequent periods for Parties included in Annex I shall be established
in amendments to Annex B to this Protocol, which shall be adopted in sccordsnce with the
provisions of Article 20, psrsgraph 7. The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall initiate the considerstion of such commitments st least seven
years before the end of the first commitment period mentioned in paragraph 7 above.
 10.     Any emission reduction units, or sny part of an assigned amount, which s Psrty scquires
 from snother Party in sccorcbtnce with the provisions of Article 6 3nd of Article 16 bis shsll be
 sdded to the assigned amount for that Psrty.
 11.     Any emission reduction units, or sny psrt of sn sssigned smount, which s Psrty trsnsfers
 to snother Psrty in sccordsnce with the provisions of Article 6 snd of Article 16 bis shsll be
 subtrsctedfromthe sssigned smount for that Party.
  12.     Any certified emission reductions which s Psrty scquiresfromsnother Psrty in
 accordance with the provisions of Article 12 shall be added to the sssigned smount for thst Psrty.
 ---pagebreak--- FCCC/CP/1997/L.7/Add.l
English
Page6
 13.     If the emissions of & Psrty included in Annex I during s commitment period sre less thsn
its assigned amount under this Article, this difference shall, on request of that Party, be added to
the assigned amount for that Party for subsequent commitment periods.
14.      Each Party included in Annex I shall strive to implement the commitments mentioned in
paragraph 1 above in such a way as to rninimize adverse social, environmentsl and economic
impacts on developing country Parties, psrticularly those identified in Article 4, psragraphs 8 and
9, of the Convention. In line with relevant decisions of the Conference of the Parties on the
implementation of those paragraphs, the Conference of the Psrties serving ss the meeting of the
Parties to this Protocol shall, at its first session, consider whst actions are necessary to rninimize
the sdverse effects of climate chsnge snd/or the impscts oijesponse messures on Psrties referred
to in those psragraphs. Among the issues to be considered shall be the establishment of funding,
insurance and transfer of technology.
                                                   Article 4
                              •••
1.       Any Parties included in Annex I that hsve sgreed to jointly fulfil their commitments
under Article 3 shall be deemed to have met those commitments provided that their total
combined aggregate anthropogenic carbon dioxide equivslent emissions of the greenhouse gases
listed in Annex A do not exceed their assigned smounts calculsted pursuant to their quantified
emission limitation and reduction commitments inscribed in Annex B and in accordance with the
provisions of Article 3. The respective emission level sllocsted to esch of the Psrties to the
sgreement shall be set out in that sgreement.
2.       The Psrties to sny such sgreement shall notify the secretarist of the terms of the
sgreement on the dste of deposit of their instruments of ratification, acceptsnce, spprovsl or
3ccession. The secretsrist shsll in turn inform the Psrties and signatories to the Convention of the
terms of the sgreement.
3.       The sgreement shsll remsin in operation for the duration of the commitment period
specified in Article 3, paragraph 7.
4.       If Parties acting jointly do so in the framework of, and together with, a regional
economic integration orgsnizstion, sny slterstion in the composition of the orgsnizstion sfter
sdoption of this Protocol shsll not sffect existing commitments under this Protocol. Any
slteration in the composition of the orgsnizstion shsll only spply for the purposes of those
commitments under Article 3 thst sre adopted subsequent to that revision.
5.       In the event of failure by the Psrties to such an sgreement to schieve their total
combined level of emission reductions, each Party to such an agreement shall be responsible for
its own level of emissions set out in the sgreement.
 ---pagebreak---                                                               FCCC/CP/1997/L.7/Add. 1
                                                              English
                                                              Page 7
6.       If Psrties acting jointly do so in theframeworkof, snd together with, s regionsl
economic integration organizstion which is itself s Party to this Protocol, each member State of
that regional economic integration organization individually, snd together with the regionsl
economic integration orgsnizstion scting in sccordsnce with Article 23, shsll, in the event of
failure to achieve the totsl combined level of emission reductions, be responsible for its level of
emissions as notified in socordance with this Article.
                                                 Article 5
1.       Esch Psrty included in Annex I shsll have in place, no lster than one yesr prior to the
start-o£thefirstcommitment period, s nationsl system for the estimation of anthropogenic            -
emissions by sources snd removsls by sinks of sll greenhouse gsses not controlled by the
Montresl Protocol. Guidelines for such nstionsl systems, which shsll incorporste the
methodolcgies specified in psrsgraph 2 below, shsll be decided upon by the Conference of the
Psrties serving ss the meeting of the Psrties to this Protocol at its first session.
2.       Methodologies for estimating anthropogenic emissions by sources and removsls by sinks
of sll greenhouse gsses not controlled by the Montresl Protocol shsll be those sccepted by the
Intergoverhmentsl Psnel on Climste Chsnge snd sgreed upon by the Conference of the Psrties st
its third session. Where such methodologies sre not used, sppropriste sdjustments shall be
spplied sccording to methodologies sgreed upon by the Conference of the Psrties serving ss the
meeting of the Psrties to this Protocol 3t itsfirstsession. Based on the work of, inter alia, the
Intergovernmental Psnel on Climste Chsnge snd sdvice provided by the Subsidisry Body for
Scientific snd Technological Advice, the Conference of the Parties serving ss the meeting of the
Psrties to this Protocol shall regularly review and, as appropriate, revise such methodologies and
adjustments, taking fully into account any relevant decisions by the Conference of the Parties.
Any revision to methodologies or adjustments shall be used only for the purposes of ascertsining
complisnce with commitments under Article 3 in respect of any commitment period adopted
subsequent to that revision.
3.       The global warming potentisls used to cslculste the csrbon dioxide equivalence of
snthropogenic emissions by sources snd removsls by sinks of greenhouse gsses not controlled by
the Montresl Protocol listed in Annex A shall be those accepted by the Intergovernmentsl Psnel
on Climste Chsnge snd sgreed upon by the Conference of the Psrties 3t its third session. Bssed
on the work of, inter alia, the Intergovernmentsl Psnel on Climste Chsnge snd sdvice provided
by the Subsidisry Body for Scientific snd Technologicsl Advice, the Conference of the Psrties
serving ss the meeting of the Psrties to this Protocol shsll regulsrly review snd, ss sppropriste,
revise the globsl wsrming potentisl of esch such greenhouse gss, tsking fully into 3ccount sny
relevant decisions by the Conference of the Parties. Any revision to a global wsrming potentisl
 shall apply only to those commitments under Article 3 in respect of any commitment period
adopted subsequent to that revision.
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                                                 Article 6
 1.       For the purpose of meeting its commitments under Article 3, sny Psrty included in
Annex I may transfer to, or acquirefrom,sny other such Psrty emission reduction units resulting
from projects aimed atreducinganthropogenic emissions by sources or enhancing snthropogenic
removals by sinks of greenhouse gases in sny sector of the economy, provided thst:
          (s)      Any such project hss the spprovsl of the Psrties involved;
          (b)      Any such project provides s reduction in emissions by sources, or sn enhsncement
of removals by sinks, that is sdditionsl to sny thst would otherwise occur;
          (c)     It does not scquire sny emission reduction units if it is not in complisnce with its
obligations under Articles 5 and 7; and
          (d)     The acquisition of emission reduction units shall be supplemental to domestic
actions for the purposes of meeting commitments under Article 3.
2.        The Conference of the Parties serving ss the meeting of the Psrties to this Protocol msy,
st its first session or ss soon ss practicsble theresfter, further elaborate guidelines for the
implementstion of this Article, including for verificstion snd reporting.
3.        A Psrty included in Annex I msy suthorize legsl entities to psrticipste, under its
responsibility, in sctions lesding to the generstion, trsnsfer or scquisition under this Article of
emission reduction units.
4.        If s question of implementstion by 3 Party included in Annex I of the requirements
referred to in this psragraph is identified in sccordance with the relevsnt provisions of
Article 8, transfers snd scquisitions of emission reduction units msy continue to be made after
the question has been identified, provided that any such units may not be used by a Psrty to meet
its commitments under Article 3 until sny issue of complisnce is resolved.
                                                 Article 7
1.        Each Psrty included in Annex I shsll incorporate in its snnusl inventory of snthropogenic
emissions by sources snd removsls by sinks of greenhouse gsses not controlled by the Montresl
Protocol, submitted in sccordsnce with the relevsnt decisions of the Conference of the Psrties,
the necesssry supplementsry informstion for the purposes of ensuring complisnce with Article 3,
to be determined in sccordsnce with psragraph 4 below.
2.        Each Party included in Annex I shall incorporate in its nstionsl communiostion,
submitted under Article 12 of the Convention, the supplementsry informstion necesssry to
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                                                               Psge 9
demonstrate complisnce with its commitments under this Protocol, to be determined in
accordance with psrsgraph 4 below.
3.       Esch Psrty included in Annex I shsll submit the inform&tion required under
psragraph 1 sbove 3nnuslly, beginning with thefirstinventory due under the Convention for the
first year of the commitment period sfter this Protocol hss entered into force for it. Esch such
Psrty shall submit the informstion required under psragrsph 2 sbove ss psrt of the first nstionsl
communication due under the Convention sfter this Protocol has entered into force for it and
after the adoption of guidelines as provided for in psragrsph 4 below. Thefrequencyof
subsequent submission of informstion required under this Article shsll be determined by the
Conference of the Psrties serving ss the meeting of the Parties totiusProtocol, taking into
account any timetable for the submission of nstionsl communicstions decided upon by the
Conference of the Psrties.
4.       The Conference of the Psrties serving ss the meeting of the Psrties to this Protocol shall
adopt at itsfirstsession, and review periodically theresfter, guidelines for the prepsrstion of the
informstion required under this Article, tsking into sccount guidelines for the preparation of
national communications by Psrties included in Annex I sdopted by the Conference of the Parties.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall also,
prior to thefirstcommitment period, decide upon modalities for the accounting of assigned
amounts.
                                               Article 8
 1.      The information submitted under Article 7 by each Party included in Annex I shsll be
reviewed by expert review tesms pursusnt to the relevsnt decisions of the Conference of the
 Psrties 3nd in sccordance with guidelines adopted for this purpose by the Conference of the
 Parties serving as the meeting of the Parties to this Protocol under paragraph 4 below. The
 information submitted under Article 7, paragraph 1, by each Party included in Annex I shall be
 reviewed as part of the snnual compilstion and accounting of emissions inventories snd sssigned
 smounts. Additionally, the information submitted under Article 7, paragraph 2, by each Party
 included in Annex I shall be reviewed as part of the review of communications.
 2.      Expert review tesms shsll be coordinsted by the secretsrist snd shsll be composed of
 experts selectedfromthose nominsted by Psrties to the Convention snd, ss sppropriste, by
 intergovernmentsl orgsnizstions, in sccordsnce with guidance provided for this purpose by the
 Conference of the Parties.
 3.       The review process shall provide a thorough and comprehensive technical sssessment
 of all aspects of the implementstion by s Psrty of this Protocol. The expert review tesms shsll
 prepsre a report to the Conference of the Psrties serving ss the meeting of the Psrties to this
  Protocol, assessing the implementstion of the commitments of the Psrty and identifying any
  potential problems in, snd f&ctors influencing, the fulfilment of commitments. Such reports shsll
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PsgelO
be circulsted by the secretsrist to sll Psrties to the Convention. The secretsri&t shsll list those
questions of implementstion indicsted in such reports for further consideration by the
Conference of the Psrties serving ss the meeting of the Psrties to this Protocol.
4.       The Conference of the Psrties serving ss the meeting of the Psrties to this Protocol shsll
sdopt at itsfirstsession, snd review periodicslTy theresfter, guidelines for the review of
implementation by expert review tesms tsking into sccount the relevsnt decisions of the
Conference of the Psrties.
5.       The Conference of the Psrties serving ss the meeting of the Psrties to this Protocol shsll,
with the sssistsnce of the Subsidisry Body for Implementstion snd, ss sppropriste, the
Subsidisry Body for Scientific snd Technologicsl Advice, consider:
         (s)     The informstion submitted by the Psrties under Article 7 snd the reports of the
expert reviews thereon conducted under this Article; snd
                              *
         (b)     Those questions of implementstion listed by the secretariat under
paragraph 3 sbove, ss well ss sny questions rsised by Psrties.
6.       Pursusnt to its consideration of the informstion refened to in psrsgraph 5 sbove, the
Conference of the Psrties serving ss the meeting of the Psrties to this Protocol shsll tske
decisions on sny mstter required for the implementstion of this Protocol.
                                                 Article 9
 1.      The Conference of the Psrties serving ss the meeting of the Psrties to this Protocol shsll
periodicslly review this Protocol in the light of the best svailable scientific information snd
assessments on climste chsnge snd its impacts, as well as relevant technical, social and economic
information. Such reviews shall be coordinated with pertinent reviews under the Convention, in
particular those required by Article 4, paragraph 2(d), and Article 7, paragraph 2(a), of the
Convention. Based on these reviews, the Conference of the Parties serving as the meeting of the
Parties to this Protocol shsll take appropriate action.
 2.      Thefirstreview shall tske place at the second session of the Conference of the Parties
 serving as the meeting of the Parties to this Protocol. Further reviews shall take plsce st regulsr
 intervsls snd in 3timelymsnner.
                                                 Article 10
          All Psrties, tsking into sccount their common but differentisted responsibilities snd
 their specific n&tionsl snd regionsl development priorities, objectives snd circumstsnces, without
 introducing sny new commitments for Psrties not included in Annex I, but resffirming existing
 commitments in Article 4, psragraph 1, of the Convention, snd continuing to sdvsnce the
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                                                               Psgell
implementation of these commitments in order to achieve sustsinsble development, tsking into
account Article 4, paragraphs 3, 5 snd 7, of the Convention, shsll:
         (a)     Formulste, where relevsnt snd to the extent possible, cost-effective nstionsl,
and where appropriate regional programmes to improve the quslity of locsl emission factors,
activity data and/or models which reflect the socio-economic conditions of esch Psrty for the
preparation and periodic updating of national inventories of anthropogenic emissions by sources
and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using
comparable methodologies to be agreed upon by the Conference of the Psrties, snd consistent
with the guidelines for national communications sdopted by the Conference of the Psrties;
         (b)     Formulste, implement, publish snd regulsrly updste'national and, where
appropriate, regional programmes containing messures to mitigste climate change snd measures
to facilitate adequate adaptation to climate change:
                 (i)     Such programmes would, inter alia, concern the energy, transport snd
                         industry sectors ss well ss sgriculture, forestry snd waste management.
                         Furthermore, adaptation technologies and methods for improving spatial
                         planning would improve sdspt3tion to climste change; and
                 (ii)    Parties included in Annex I shsll submit informstion on sction under this
                         Protocol, including national programmes, sccording to the guidelines lsid
                         down in Article 8; snd other Psrties shsll seek to include in their nstionsl
                         communicstions, ss sppropri3te, informstion oh progrsmmes which
                         contsin messures that the Party believes contribute to sddressing climate
                         change and its sdverse impscts, including the abatement of increase in
                         greenhouse gas emissions, and enhancement of and removals by sinks,
                         capacity building and adaptation measures.
          (c)    Cooperate in the promotion of effective modalities for the development,
 applicstion snd diffusion of, snd tske all practicable steps to promote, facilitate and finance, as
 appropriate, the transfer of, or 3ccess to, environmentslly sound technologies, know-how,
 practices snd processes pertinent to climste chsnge, in particular to developing countries,
 including the formulstion of policies snd programmes for the effective transfer of
 environmentally sound technologies thst sre pubUcly owned or in the public domsin snd the
 crestion of sn ensbling environment for the privste sector, to promote snd enhance access to, and
 transfer of, environmentally sound technologies;
          (d)     Cooperate in scientific snd technicsl resesrch snd promote the msintensnce snd
 the development of systemstic observation systems and development of data archives to reduce
 uncertainties related to the climste system, the sdverse impscts of climste chsnge snd the
 economic snd socisl consequenoes of vsrious response strstegies, snd promote the development
 and strengthening of endogenous capscities snd capabilities to participate in internstional and
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Psge 12
intergovernmentsl efforts, programmes snd networks on resesrch snd systemstic observstion,
tsking into account Article 5 of the Convention;
         (e)     Cooperate in 3nd promote st the internstionsl level, snd, where sppropriste,
using existing bodies, the development snd implementstion of educstion snd training
programmes, including the strengthening of nationsl cspscity building, in psrticulsr humsn snd
institutional capacities and the exchsnge or secondment of personnel to train experts in this field,
in psrticulsr for developing countries, snd facilitate st the nstionsl level public swsreness snd
public access to informstion on climste change. Suitsble modslities should be developed to
implement these activities through the relevsnt bodies of the Convention tsking into sccount
Article 6 of the Convention;
         (f)     Include in their nstionsl communicstions informstion on programmes snd
sctivities undertaken pursusnt to this Article in sccordsnce with relevsnt decisions of the
Conference of the Psrties; snd
         (g)     Give full consideration, in implementing the commitments in this Article, to
Article 4, psrsgraph 8, of the Convention.
                                                Article 11
 1.      In the implementstion of Article 10, Parties shall take into account the provisions of
Article 4, parsgraphs 4, 5, 7, 8 snd 9 of the Convention.
2.       In the context of the implementation of Article 4, paragraph 1, of the Convention, in
accordance with the provisions of Article 4, paragraph 3, and Article 11 of the Convention, and
through the operating entity or entities of the financial mechanism of the Convention, the
developed country Parties snd other developed Psrties included in Annex II to the Convention
shsll:
         (s)     Provide new snd sdditionslfinancialresources to meet the agreed full costs
incurred by developing country Psrties in advancing the implementation of existing
commitments under Article 4, paragraph l(s), of the Convention that are covered in
Article 10, subpsragraph (s); snd
          (b)    Also provide such financial resources, including for the transfer of technology,
 needed by the developing country Parties to meet the agreed full incremental costs of advancing
 the implementation of existing commitments in Article 4, paragraph 1, of the Convention that are
 covered by Article 10 and thst sre sgreed between s developing country Psrty snd the
 internstionsl entity or entities refened to in Article 11 of the Convention, in sccordsnce with thst
 Article.
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                                                              P3ge 13
The implementstion of these existing commitments shsll take into sccount the need for sdequscy
snd predictsbihty in the flow of funds snd the importance of sppropriste burden shsring smong
developed country Psrties. The guidsnce to thefinancialmechanism of the Convention in
relevant decisions of the Conference of the Parties, including those agreed before the sdoption of
this Protocol, shall apply mutatis mutandis to the provisions of this paragraph.
3.       The developed country Psrties snd other developed Psrties in Annex II to the
Convention msy slso provide, snd developing country Psrties svsil themselves of, finsncisl
resources for the implementstion bf Article 10, through bilsteral, regionsl snd other multilsteral
channels.
                                             Article 12
1.       A clean development mechanism is hereby defined.
2.       The purpose. of the elean development mechanism shall be to sssist Psrties not included
in Annex I in schieving sustsinsble development snd in contributing to the ultimste objective of
the Convention, snd to sssist Psrties included in Annex I in schieving comphance with their
quantified emission limitation and reduction commitments under Article 3.
3.       Under the eiean development mechanism:
         (a)    Parties not included in Annex I will benefit from project activities resulting in
certified emission reductions; snd
         (b)    Parties included in Annex I may use the certified emission reductions accruing
from such project activities to contribute to compliance with part of their quantified emission
limitation and reduction commitments under Article 3, as determined by the Conference of the
Parties serving as the meeting of the Parties to this Protocol.
4.       The clean development mechanism shall be subject to the authority snd guidance of the
Conference of the Parties serving as the meeting of the Parties to this Protocol and be supervised
by an executive board of the clesn development mechsnism.
5.       Emission reductions resultingfromesch project sctivity shall be certified by operational
entities to be designated by the Conference of the Parties serving ss the meeting of the Psrties to
this Protocol, on the bssis of:
         (a)     Voluntary psrticipstion approved by each Psrty involved;
         (b)     Resl, messursble, snd long-term benefits relsted to the mitigstion of ciimate
change; and
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Psge 14
         (c)     Reductions-in emissions thst sre sdditionsl to sny thst would occur in the sbsence
of the oertified project sctivity.
6.       The clesn development mechsnism shsll sssist in srranging funding of certified project
activities as necessary.
7.       The Conference of the Parties serving as the meeting of the Parties to this Protocol shall,
at itsfirstsession, elsborate modalities snd procedures with the objective of ensuring
trsnspsrency, efficiency snd sccountsbility through independent suditing snd verificstion of
project sctivities.
8.       The Conference of the Psrties serving ss the meeting of the Psrties to this Protocol shsll
ensure thst s shsre of the proceedsfromcertified project sctivities is used to cover sdrninistrstive
expenses ss well ss to assist developing country Psrties thst are psrticutarly vulnerable to the
sdverse effects of climste chsnge to meet the costs of sdsptation.
9.       Psrticipstion under the clesn development mechsnism, including in sctivities mentioned
in paragraph 3(a) above srid scquisition of certified emission reductions, msy involve privste
snd/or public entities, snd is to be subject to whstever guidsnce msy be provided by the
executive bosrd of the clesn development mechanism.
 10.     Certified emission reductions obtained during the periodfromthe year 2000 up to the
beginning of thefirstcommitment period csn be used to sssist in schieving complisnce in the
first commitment period.
                                                Article 13
 1.      The Conference of the Psrties, the supreme body of the Convention, shsll serve ss the
meeting of the Psrties to this Protocol.
2.       Psrties to the Convention thst are not Parties to this Protocol may psrticipste ss
observers in the proceedings of sny session of the Conference of the Psrties serving ss the
meeting of the Psrties to this Protocol. When the Conference of the Psrties serves ss the meeting
of the Psrties to this Protocol, decisions under this Protocol shsll be tsken only by those thst sre
 Psrties to it.
 3.      When the Conference of the Psrties serves ss the meeting of the Psrties to this Protocol,
 sny member of the Buresu of the Conference of the Psrties representing s Psrty to the
 Cpnvention but, st thst time, not s Psrty to this Protocol, shsll be substituted by sn 3dditionsl
 member to be elected by sndfromsmongst the Psrties to this Protocol.
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                                                               P3ge 15
4.       The Conference ofthe Psrties serving ss the meeting of the Psrties to this Protocol shsll
keep under regulsr review the implementation of this Protocol and shall make, within its
mandate, the decisions necessary to promote its effective implementstion. It shsll perform the
functions assigned to it by this Protocol and shall:
         (a)    Assess, on the basis of all information msde svsilsble to it in sccordsnce with
the provisions of this Protocol, the implementation of this Protocol by the Psrties, the overall
effects ofthe measures taken pursu3nt to this Protocol, in psrticulsr environmentsl, economic
and socisl effects ss well as their cumul3tive impacts and the extent to which progress towards
the objective ofthe Convention is being achieved;
         (b)    Periodicslly exsmine the obligstions ofthe Psrties under this Protocol, giving due
consideration to any reviews required by Article 4, psragrsph 2(d), snd Article 7, psragrsph 2, of
the Convention, in the light ofthe objective ofthe Convention, the experience gsined in its
implementstion snd the evolution of scientific snd technologicsl knowledge, and in this respect
consider snd sdopt regulsr-ceports on the implementstion of this Protocol;
         (c)     Promote snd fscilitste the exchsnge of informstion on messures sdopted by the
Psrties to sddress climste chsnge 3nd its effects, tsking into sccount the differing circumstsnces,
responsibilities snd cspsbilities ofthe Psrties snd their respective commitments under this
Protocol;
         (d)     Fscilitste, st the request of two or more Parties, the coordination of messures
sdopted by them to sddress climste chsnge snd its effects, tsking into sccount the differing
circumstsnces, responsibilities snd cspsbilities ofthe Psrties snd their respective commitments
under this Protocol;
         (e)     Promote snd guide, in sccord3nce with the objective ofthe Convention and the
provisions of this Protocol, and taking fully into sccount the relevsnt decisions by the
Conference of the Psrties, the development snd periodic refinement of comparable
methodologies for the effective implementation of this Protocol, to be agreed on by the
Conference ofthe Parties serving as the meeting ofthe Parties to this Protocol;
         (f)     Make recommendstions on sny m3tters necesssry for the implementstion of this
Protocol;
         (g)     Seek to mobilize sdditionsl financial resources in sccordsnce with
Article 11, psragraph 2;
         (h)     Estsblish such subsidisry bodies ss sre deemed necesssry for the implementstion
 of this Protocol;
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Page 16
         (i)     Seek and utilize, where appropriate, the services and cooperation of, and
information provided by, competent international organizations and intergovernmental and
non-governmental bodies; and
         (j)     Exercise such other functions as may be required for the implementation of this
Protocol, and consider any assignment resultingfroma decision by the Conference of the Parties.
5.       The rules of procedure of the Conference of the Parties andfinancialprocedures of the
Convention shall be appUed mutatis mutandis under this Protocol, except as may be otherwise
decided by consensus by the Conference of the Parties serving as the meeting of the Parties to
this Protocol.
6.       Thefirstsession of the Conference of the Parties serving as the meeting of the Parties to
this Protocol shall be convened by the secretariat in conjunction with thefirstsession of the
Conference of the Parties that is scheduled after the date of the entry into force of this Protocol.
Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the
Parties to this Protocol shall be held every year snd in conjunction with ordinsry sessions of the
Conference of the Psrties unless otherwise decided by the Conference of the Psrties serving ss
the meeting of the Psrties to this Protocol.
7.       Extrsordinsry sessions of the Conference of the Psrties serving ss the meeting of the
Psrties to this Protocol shall be held at such other times as may be deemed necessary by the
Conference of the Parties serving as the meeting of the Parties to this Protocol, or at the written
request of any Party, provided that, within six months of the request being communicated to the
 Parties by the secretariat, it is supported by at least one third of the Parties.
 8.      The United Nations, its specialized agencies and the International Atomic Energy
 Agency, as well as any State member thereof or observers thereto not party to the Convention,
 may be represented at sessions of the Conference of the Parties serving as the meeting of the
 Parties to this Protocol as observers. Any body or agency, whether national or international,
 governmental or non-governmental, which is qualified in matters covered by this Protocol and
 which has informed the secretariat of its wish to be represented at a session of the Conference of
 the Parties serving as the meeting of the Parties to this Protocol as an observer, may be so
 admitted unless at least one third of the Parties present object. The admission and participation
 of observers shall be subject to the rules of procedure, as refened to in paragraph 5 above.
                                                Article 14
  1.      The secretariat established by Article 8 of the Convention shall serve as the secretariat of
 this Protocol.
 2,       Article 8, paragraph 2, of the Convention on the functions of the secretariat, and
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                                                               Page 17
Article 8, paragraph 3, of the Convention on anangements made for the functioning of the
secretariat, shall apply mutatis mutandis to this Protocol. The secretariat shall, in addition,
exercise the functions assigned to it under this Protocol.
                                                Article 15
1.      The Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body
for Implementation established by Articles 9 and 10 of the Convention shall serve as,
respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary
Body for Implementation of this Protocoi. The provisions relating to the functioning of these
two bodies under the Convention shall apply mutatis mutandis to this Protocol. Sessions of the
meetings of the Subsidiary Body for Scientific and Technological Xdvice and the Subsidiary
Body for Implementation of this Protocol shall be held in conjunction with the meetings of,
respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary
Body for Implementation of the Convention.
2.      Parties to the Convention that are not Parties to this Protocol may participate as observers
in the proceedings of any session of the subsidiary bodies. When the subsidiary bodies serve as
the subsidiary bodies of this Protocol, decisions under this Protocol shall be taken only by the
Parties to this Protocol.
3.      When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise
their functions with regard to matters conceming this Protocol, any member of the Bureaux of
those subsidiary bodies representing a Party to the Convention but, at that time, not a party to
this Protocol, shall be substituted by an additional member to be elected by andfromamongst the
Parties to this Protocol.
                                                Article 16
        The Conference of the Parties serving as the meeting of the Parties to this Protocol shall,
as soon as practicable, consider the application to this Protocol of, and modify as appropriate, the
multilateral consultative process refened to in Article 13 of the Convention, in the light of any
relevant decisions that may be taken by the Conference of the Parties. Any multilateral
consultative process that may be applied to this Protocol shall operate without prejudice to the
procedures and mechanisms established in accordance with Article 17.
                                              Article 16 bis
        The Conference of the Parties shall define the relevant principles, modalities, rules and
guidelines, in particular for verification, reporting and accountability for emissions trading. The
Parties.included in Annex B may participate in emissions trading for the purposes of fulfilling
their cornmitments under Article 3 of this Protocol. Any such trading shall be supplemental to
domestic actions for the purpose of meeting quantified emission limitation and reduction
commitments under that Article.
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Page 18
                                              Article 17
         The Conference of the Parties serving as the meeting of the Parties to this Protocol shall,
at itsfirstsession, approve appropriate and effective procedures and mechanisms to deterrnine
and to address cases of non-compliance with the provisions of this Protocol, including through
the development of an indicative list of consequences, taking into account the cause, type, degree
andfrequencyof non-compliance. Any procedures and mechanisms under this Article entailing
binding consequences shall be adopted by means of an amendment to this Protocol.
                                              Article 18
         The provisions of Article 14 of the Convention on settlemerit of disputes shall apply
mutatis mutandis to this Protocol.
                                              Article 19
1.       Any Party may propose amendments to this Protocol.
2.       Amendments to this Protocol shall be adopted at an ordinary session of the Conference of
the Parties serving as the meeting of the Parties to this Protocol. The text of any proposed
amendment to this Protocol shall be communicated to the Parties by the secretariat at least six
months before the meeting at which it is proposed for adoption. The secretariat shall also
communicate the text of any proposed amendments to the Parties and signatories to the
Convention and, for information, to the Depositary.
3.       The Parties shall make every effort to reach agreement on any proposed amendment to
this Protocol by consensus. If all efforts at consensus have been exhausted, and no agreement
reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the
Parties present and voting at the meeting. The adopted amendment shall be communicated by
the secretariat to the Depositary, who shall circulate it to all Parties for their acceptance.
4.       Instruments of acceptance in respect of an amendment shall be deposited with the
 Depositary. An amendment adopted in accordance with paragraph 3 above shall enter into force
 for those Parties having accepted it on the ninetieth day after the date of receipt by the
Depositary of an instrument of acceptance by at least three fourths of the Parties to this Protocol.
 5.      The amendment shall enter into force for any other Party on the ninetieth day after the
 date on which that Party deposits with the Depositary its instrument of acceptance of the said
 amendment.
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                                                  Article 20
1.       Annexes to this Protocol shall form an integral part thereof and, unless otherwise
expressly provided, a reference to this Protocol constitutes at the sametimea reference to any
annexes thereto. Any annexes adopted after the entry into force of this Protocol shall be
restricted to lists, forms and any other material of a descriptive nature that is of a scientific,
technical, procedural or administrative character.
2.       Any Party may make proposals for an annex to this Protocol and may propose
amendments to annexes to this Protocol.
                                              —.-.=fc.
3.       Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted at
an ordinary session of the Conference of the Parties serving as the meeting of the Parties to this
Protocol. The text of any proposed annex or amendment to an annex shall be communicated to
the Parties by the secretariat at least six months before the meeting at which it is proposed for
adoption. The secretariat shall also communicate the text of any proposed annex or amendment
to an annex to the Parties and signatories to the Convention and, for information, to the
Depositary.
4.       The Parties shall make every effort to reach agreement on any proposed annex or
amendment to an annex by consensus. If all efforts at consensus have been exhausted, and no
agreement reached, the annex or amendment to an annex shall as a last resort be adopted by a
three-fourths majority vote of the Parties present and voting at the meeting. The adopted annex
or amendment to an annex shall be communicated by the secretariat to the Depositary, who shall
circulate it to all Parties for their acceptance.
5.       An annex, other than Annex A or B, that has been adopted or amended in accordance
with paragraphs 3 and 4 above shall enter into force for all Parties to this Protocol six months
after the date of the communication by the Depositary to such Parties of the adoption or
amendment of the annex, except for those Parties that have notified the Depositary in writing
within that period of their non-acceptance of the annex or amendment to the annex. The annex
or amendment to an annex shall enter into force for Parties which withdraw their notification of
non-acceptance on the ninetieth day after the date on which withdrawal of such notification has
been received by the Depositary.
6.       If the adoption of an annex or an amendment to an annex involves an amendment to this
Protocol, that annex or amendment to an annex shall not enter into force until such time as the
amendment to this Protocol enters into force.
7.       Amendments to Annexes A and B to this Protocol shall be adopted and enter into force in
accordance with the procedure set but in Article 19, provided that any amendments to Annex B
shall be adopted only with the written consent of the Party concerned.
                                                    2 l_
 ---pagebreak--- FCCC/CP/1997/L.7/Add.l
English
Page20                               -
                                                 Article 21
1.       Each Party shall have one vote, except as provided for in paragraph 2 below.
2.       Regional economic integration organizations, in matters within their competence, shall
exercise theirrightto vote with a number of votes equal to the number of their member States
which are Parties to this Protocol. Such an organization shall not exercise its right to vote if any
of its member States exercises its right, and vice versa.
                                                 Article 22
         The Secretary-General of the United Nations shall be the Depositary of this Protocol.
                                                 Article 23
1.       This Protocol shall «be open for signature and subject toratification,acceptance or
approval by States and regional economic integration organizations which are Parties to the
Convention. It shall be open for signature at United Nations Headquarters in New York from
16 March 1998 to 15 March 1999. This Protocol shall be open for accessionfromthe day after
the date on which it is closed for signature. Instruments of ratification, acceptance, approval or
accession shall be deposited with the Depositary.
2.       Any regional economic integration organization which becomes a Party to this Protocol
without any of its member States being a Party shall be bound by all the obligations under this
Protocol. In the case of such organizations, one or more of whose member States is a Party to
this Protocol, the organization and its member States shall decide on their respective
responsibilities for the performance of their obligations under this Protocol. In such cases, the
organization and the member States shall not be entitled to exercise rights under this Protocol
concurrently.
3.       In their instruments of ratification, acceptance, approval or accession, regional economic
integration organizations shall declare the extent of their competence with respect to the matters
governed by this Protocol. These organizations shall also inform the Depositary, who shall in
turn inform the Parties, of any substantial modification in the extent of their competence.
                                                 Article 24
 1.       This Protocol shall enter into force on the ninetieth day after the date on which not less
 than 55 Parties to the Convention, incorporating Parties included in Annex I which accounted in
 total for at least 55 per cent of the total carbon dioxide emissions for 1990 of the Parties included
 in Annex I, have deposited their instruments of ratification, acceptance, approval or accession.
                                                    zz
 ---pagebreak---                                                                  FCCC/CP/1997/L.7/Add. 1
                                                                 English
                                                                 Page21
2.       For the purposes of this Article, "the total carbon dioxide emissions for 1990 of the
Parties included in Annex I" means the amount communicated on or before the date of adoption
of this Protocol by the Parties included in Annex I in theirfirstnational communications
submitted in accordance with Article 12 of the Convention.
3.      For each State or regional economic integration organization that ratifies, accepts or
 approves this Protocol or accedes thereto after the conditions set out in paragraph 1 above for
the entry into force have been tiilfilled, this Protocol shall enter into force on the ninetieth day
following the date of deposit of its instrument of ratification, acceptance, approval or accession.
4.      For the purposes of this Article, any instrument deposited by a regional-ceonomic
integration organization shall not be counted as additional to those'deposited by States members
of the organization.
                                                Article 25
        No reservations may be made to this Protocol.
                                                Article 26
1.      At any time after three yearsfromthe date on which this Protocol has entered into force
for a Party, that Party may withdrawfromthis Protocol by giving written notification to the
Depositary.
2.      Any such withdrawal shall take effect upon expiry of one yearfromthe date of receipt by
the Depositary of the notification of withdrawal, or on such later date as may be specified in the
notification of withdrawal.
3.      Any Party that withdrawsfromthe Convention shall be considered as also having
withdrawnfromthis Protocol.
                                                Article 27
        The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the
United Nations.
         Done at Kyoto this tenth day of December one thousand nine hundred and
ninety-seven.
                                                         1
 ---pagebreak--- FCCC/CP/1997/L.7/Add. 1
English
Page 22
                                           Annex A
Greenhouse gases
Carbon dioxide (COj)
Methane (CH4)
Nitrous oxide (N 2 0)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulphur hexafluoride (SF6)
Sectors/source categories
Energy
       Fuel combustion
               Energy industries
               Manufacturing industries and construction
               Transport
               Other sectors
                Other
        Fugitive emissionsfromfuels
                Solid fuels
                Oil and natural gas
                Other
Industrial processes
        Mineral products
        Chemical industry
        Metal production
        Other production
        Production of halocarbons and sulphur hexafluoride
        Consumption of halocarbons and sulphur hexafluoride
        Other
Solvent and other product use.
                                                     2 r
 ---pagebreak---                                               FCCC/CP/1997/L.7/Add.l
                                              English
                                              Page 23
Agriculture
       Enteric fermentation
       Manure management
       Rice cultivation
       Agricultural soils
       Prescribedburningof savannas .
       Field burning of agricultural residues
       Other
Waste
       Solid waste disposal on land
       Wastewater handling
       Waste incineration
       Other
                                           ZQ
 ---pagebreak--- FCCC/CP/1997/L.7/Add.l
English
Page 24                -
                                                    Annex B
Partv                                                 Ouantified emission limitation or
                                                      reduction commitment
                                                      (percentage of base year or period)
Australia                                                                108
Austria                                                                    92
Belgium                                                                    92
Bulgaria*                                                                  92
Canada                                                                     94
Croatia*                                                                 . 95
CzechRepubHc*                                                              92 ^
Denmark                                                                    92
Estonia*                                                                   92
European Community                                                         92
Finland                                                                    92
France                         *                                           92
Germany                                                                    92
Greece                                                                     92
Hungary*                                                                   94
Iceland                                                                  110
Ireland                                                                    92
Italy                                                                      92
Japan                                                                      94
Latvia*                                                                    92
Liechtenstein                                                              92
Lithuania*                                                                 92
Luxembourg                                                                 92
Monaco                                                                     92
Netherlands                                                                92
NewZealand                                                                100
Norway                                                                    101
Poland*                                                                    94
Portugal                                                                   92
Romania*                                                                   92
Russian Federation*                                                       100
Slovakia*                                                                  92
Slovenia*                                                                  92
Spain                                                                      92
 Sweden                                                                    92
 Switzerland                                                                92
Ukraine*                                                                  100
United Kingdom of Great Britain and Northem Ireland                         92
United States of America                                                    93
 * Countries that are undergoing the process of transition to a market economy.
                                            11
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