United States. Congress. House. Committee on Scien.

Road from Kyoto : hearing before the Committee on Science, U.S. House of Representatives, One Hundred Fifth Congress, second session (Volume pt. 2) online

. (page 116 of 137)
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the subsidiary bodies of this Protocol, decisions under this Protocol shall be taken only by those
that are Parties to this Protocol

3. When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise
llicir functions with regard to matters concerning 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 replaced by an additional member to be elected by and from amongst the
Parties to ihis Protocol



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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 modifS as appropriate, the
multilateral consultative process referred to in Article 13 of the Convention, m the light of any
relevant decisions that may be taken by the Conference of the Parties Any multilateral
consultative process that may be applied to this Protocol shall operate without prejudice to the
procedures and mechanisms established in accordance with Article 18.

Article 17

The Conference of the Parties shall define the relevant pnnciples, modalities, rules and
guidelmes, 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 fiilfilling
their commitments under Article 3. Any such trading shall be supplemental to domestic actions
for the purpose of meeting quantified emission limitation and reduction commitments under that
Article.

Article 18

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall,
at its first session, approve appropriate and effective procedures and mechanisms to determine
and to address cases of non-compliance with the provisions of this Protocol, including through
the development of an indicative list of consequences, taking into account the cause, type, degree
and frequency of non-compliance Any procedures and mechanisms under this Article entailing
binding consequences shall be adopted by means of an amendment to this Protocol.

Article 19

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

Article 20

1. Any Part>' may propose amendments to this Protocol

2. Amendments to this Protocol shall be adopted at an ordinarv' 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 .



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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 ihree-fourths majonty vote of the
Parties present and voting at the meetmg. The adopted amendment shall be communicated by
the secretanat 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 Part>' on the ninetieth day after the
date on which that Party deposits with the Depositary its instrument of acceptance of the said
amendment.

Article 21

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

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

3. Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted at
an ordinarv' session of the Conference of the Parties serving as the meeting of the Parties to this
Protocol. The texl 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 even.- 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, or amendment to an annex other than Annex A or B, that has been adopted in

accordance with paragraphs 3 and 4 above shall enter into force for all Parties to this Protocol six
months after the date of the communication by the Depositan. to such Parties of the adoption of



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the annex or adoption of the amendment to 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 Deposilarv.

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 out in Article 20, provided that an\ amendment to Annex B
shall be adopted only with the written consent of the Partv' concerned.

Article 22

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 their right to vote with a number of votes equal to the number of their member States
that are Parties to this Protocol Such an organization shall not exercise its right to vote if any of
its member States exercises its right, and vice versa.

Article 23

The Secretary-General of the United Nations shall be the Depositary' of this Protocol.

Article 24

1 . This Protocol shall be open for signature and subject to ratification, acceptance or
approval by States and regional economic integration organizations which are Parties to the
Convention. It shall be open for signature at United Nations Headquarters in New York from
16 March 1998 to 15 March 1999. This Protocol shall be open for accession from the day after
the date on which it is closed for signature. Instruments 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 Slates 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.



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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 25

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.

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 1 in their first national 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

entr\' into force have been fulfilled, this Protocol shall enter into force on the ninetieth day
following the date of deposit of its instrument of ratification, acceptance, approval or accession.

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

Article 26

No reservations may be made to this Protocol.

Article 27

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

2. Any such withdrawal shall take effect upon expirs of one year from the 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 withdraws fi-om the Convention shall be considered as also having
withdrawn from this Protocol.



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Article 28



The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Secretar\-General of the
United Nations.



DONE at Kyoto this eleventh day of December one thousand nine hundred and
ninet>'-seven.

IN WITNESS WHEREOF the undersigned, being duly aulhonzed to that effect, have
affixed their signatures to this Protocol on the dates indicated.



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Annex A

Greenhouse gases

Carbon dioxide (CO^
Methane (CHJ
Nitrous oxide (N;0)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulphur hexafluoride (SF^)

Sectors/source categories

Energ>'

Fuel combustion

Energy industries

Manufacturing industries and construction

Transport

Other sectors

Other
Fugitive emissions from fuels

Solid fuels

Oil and natural gas

Other

Industrial processes

Mineral products

Chemical industr\

Metal production

Other production

Production of halocarbons and sulphur hexafluoride

Consumption of halocarbons and sulphur hexafluoride

Other

Sol\ cnt and other product use

Agriculture

Enteric fermentation

Manure management

Rice cultivation

Agricultural soils

Prescribed buming of sas annas

Field buming of agricullural residues

Other



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Waste



Solid waste disposal on land
Wastewater handling
Waste incineration
Other



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Annex B




Party


Quantified


emission limitation or




red I


iction commitment




(percentage


of base year or period)


Australia






108


Austna






92


Belgium






92


Bulgana*






92


Canada






94


Croatia*






95


Czech Republic*






92


Denmark






92


Estonia*






92


European Community






92


Finland






92


France






92


Germany






92


Greece






92


Hungars*






94


Iceland






110


Ireland






92


Italy






92


Japan






94


LaUia*






92


Liechtenstein






92


Lithuania*






92


Luxembourg






92


Monaco






92


Netherlands






92


Ncu Zealand






100


Norway






101


Poland*






94


Portugal






92


Romania*






92


Russian Federation*






100


Slovakia*






92


Slovenia*






92


Spain






92


Sweden






92


Switzerland






92


Ukraine*






100


United Kingdom of Great Britain


and Northern Ire


;land


92


United States of America






93



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



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Decision 2/CP.3
Methodological issues related to the Kyoto protocol



The Conference of the Parties,

Recalling its decisions 4/CP. 1 and 9/CP.2,

Endorsing the relevant conclusions of the Subsidian- Body for Scientific and
Technological Advice at its fourth session,'

1. Reaffirms that Parties should use the Revised 1996 Guidelines for National
Greenhouse Gas Inventones of the Intergovernmental Panel on Climate Change to

estimate and report on anthropogenic emissions by sources and removals by sinks of greenhouse
gases not controlled by the Montreal Protocol;

2. Affirms that the actual emissions of hydrofluorocarbons, perfluorocarbons and
sulphur hexafluonde should be estimated, where data are available, and used for the reporting of
emissions Parties should make even.- efifort to develop the necessar.- sources of data;

3. Reaffirms that global wanning potentials used by Parties should be those provided
by the Intergovernmental Panel on Climate Change in its Second Assessment Report ('"1995
IPCC GWP values") based on the effects of the greenhouse gases over a 100-year time horizon,
taking into account the inherent and complicated uncertainties involved in global warming
potential estimates In addition, for mformation purposes onis , Parties may also use another time
horizon, as provided in the Second Assessment Report:

4. Recalls that, under the Revised 1996 Guidelines for National Greenhouse Gas
Inventones of the Intergovernmental Panel on Climate Change, emissions based upon fuel sold
to ships or aircraft engaged in inlcmational transport should not be included in national totals,
but reported separately; and urges the Subsidiar\ Body for Scientific and Technological Advice
to further elaborate on the inclusion of these emissions in the overall greenhouse gas inventories
of Parties;

5. Decides that emissions resulting from multilateral operations pursuant to the
Charter of the United Nations shall not be included in national totals, but reported separately;
other emissions related to operations shall be included in the national emissions totals of one or
more Parties involved.

1 2th plenary meeting
n December 1997



FCCC/SBSTA/1 996/20, paras. 30 and 54



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Decision 3/CP.3
Implementation of Article 4, paragraphs 8 and 9, of the Convention

The Conference of the Parties,

Noting the provisions of Article 4, paragraphs 8 and 9, of the United Nations Framework
Convention on Climate Change,

Noting further the provisions of Article 3 of the Convention and of the "Berlin Mandate"
in its paragraph 1(b),'

1. Requests the Subsidiary Body for Implementation, at its eighth session, to
undertake a process to identify and determine actions necessan- to meet the specific needs of
developing country Parties, specified under Article 4, paragraphs 8 and 9, of the Convention,
arising from adverse effects of climate change and/or the impact of the implementation of
response measures. Issues to be considered shall include actions related to funding, msurance
and transfer of technology;

2. Further requests the Subsidiary Body for Implementation to report to the
Conference of the Parties, at its fourth session, on the outcome of this process,

3. Invites the Conference of the Parties, at its fourth session, to take a decision on
actions based on the conclusions and recommendations of this process.

12th plenary meeting
II December 1997



Decrsion 1/CP.l.



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Decision 4/CP.3



Article 4.2(0 of the Convention



The Conference of the Parties.

Recalling Article 4.2 (0 of the United Nations Framework Convention on Climate
Change,

Having reviewed available infomiation regarding amendments to the lists in Amiexes I
and II to the Convention,

Noting that the Parties concerned have granted their approval to be included in the list in
Annex I to the Convention,

Bearing in mind the procedure in Article 4.2 (f) of the Convention,

1. Decides to amend the list in Annex I to the Convention by:

(a) Deleting the name of Czechoslovakia;

(b) Including the names of Croatia', the Czech Republic", Liechtenstein,
Monaco, Slovakia' and Slovenia';

2. A'o/e.s that the entn into force of these amendments to the list included in
Annex I to the Convention shall be subject to the same procedure as that for the entry into force
of annexes to the Convention in accordance with Article 16 3 of the Convention.

1 2th plenary meeting
H December 1997



Countries that are undergoing tiansition to a market economy



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Decision 5/CP.3
Date and venue of the fourth session of the Conference of the Parties

The Conference of the Parties,

Recalling Article 7 4 of the United Nations Frameuork Convention on Climate Change,

Recalling General Assembly resolution 40/243 of 18 December 1985,

Having received an offer from the Government of Argentina to host the fourth session of
the Conference of the Parties in Buenos Aires and to cover the related costs involved,

1 . Accepts with gratitude the generous offer of the Govemment of Argentina to host
the fourth session of the Conference of the Parties;

2. Decides that the fourth session of the Conference of the Parties shall be held in
Buenos Aires, Argentina, from 2 to 13 November 1998;

3. Requests the Executive Secretar\' to conclude a host country agreement with the
Government of Argentina on arrangements for the fourth session of the Conference of the
Parties.

5ih plenary meeting
5 December 1997



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Decision 6/CP.3
Communications from Parties included in Annex I to the Convention



The Conference of the Parties.

Recalling the relevant provisions of the United Nations Framework Convention on
Climate Change, its decision 2/CP. 1 on review of first communications from the Parties included
in Annex I to the Convention, decision 3/CP. 1 on preparation and submission of national
communications from the Parties included in Annex 1 to the Convention, decision 4/CP. 1 on
methodological issues and decision 9/CP.2 on the guidelines, schedule and process for
consideration of communications from Parties included in Annex 1 to the Convention,

Having considered ^e. relevant recommendations of the Subsidiar\' Body for
Scientific and Technological Advice and those of the Subsidiary Body for Implementation,

1. Calls upon the Parties included in Annex 1 to the Convention (Annex I Parties),
when submitting annually national greenhouse gas inventories, to follow the relevant parts of the
revised UNFCCC guidelines for the preparation of national communications by Annex I Parties,
as well as the relevant conclusions of the fourth session of the Subsidiary Body for Scientific and
Technological Advice;

2. Requests the Convention secretariat:

(a) To prepare a full compilation and synthesis of second national communications
from Annex I Parties for consideration at its fourth session;

(b) To collect process and publish, on a regular basis, national greenhouse gas
inventories submitted annually by Annex I Parties in accordance with decision 9/CP.2. In those
years when the compilation and synthesis of national communications is prepared inventory data
should be included. Publication of inventory data may be accompanied by relevant
documentation prepared by the secretariat, for example, on evaluating compliance with the
Intergovernmental Panel on Climate Change guidelines or addressmg methodological or other
issues related to reporting greenhouse gas emissions It may also include or refer to relevant data
from authoritative sources;

3. Decides that:

(a) In-depth reviews of second national communications from Annex I Parties
should, as a general rule, include visits of review teams co-ordinated by the secretariat, based on
the schedule of these reviews and on a visit programme agreed between the host countries and
the secretariat. Parties concemed arc urged to submit their comments on the draft in-depth



57-716 99-31



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review reports produced by the review teams, if possible not later than eight weeks following
receipt of the drafts;

(b) Executive summaries of national communications will be published in their
original language as official UNFCCC documents, and also translated into die other official
languages of the United Nations if they are less than 15 pages long in standard format. Full texts
of the in-depth review reports will be published as official UNFCCC documents and translated
into the other official languages of the United Nations.

2nd plenary meeting
I December 1997



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Decision 7/CP.3
Cooperation with the Intergovernmental Panel on Climate Change



The Conference of the Parties.

Reaffirming its decision 6/CP.2, paragraph 5, in which it urged continuing
cooperation between the Convention bodies and the Intergovernmental Panel on Clmiate
Change,

I Expresses appreciation to the Intergovernmental Pane! on Climate Change for its

contribution to the Convention process, particularly through its prompt response to requests from
the Subsidiary Body for Scientific and Technological Advice for technical papers, special reports
and Guidelines for National Greenhouse Gas Inventories, as w ell as for its plans for the
preparation of the Third Assessment Report; and, in this connection, requests the Subsidiary
Body for Scientific and Technological Advice to give further consideration to issues related to
the work of the Intergovernmental Panel on Climate Change and to formulate policy-relevant
questions which should be addressed in the Third Assessment Report;

2. Thanks the Chairman Emeritus of the Intergovernmental Panel on Climate
Change, Professor Bert Bolm, for his outstanding work and his valuable scientific contribution to
the Convention process;

3. Invites the subsidiars- bodies of the Convention, in particular the Subsidiary Body
for Scientific and Technological Advice, to continue their cooperation with the
Intergovernmental Panel on Climate Change.

2nd plenary meeting
I December 1997



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Decision 8/CP.3
Development of observational networks of the climate system

The Conference of the Parties,

Recalling Article 4.1(g) and Article 5 of the United Nations Framework Convention on
Climate Change,

Noting the importance of the observations, analysis and research relevant to the various
components of the climate svstem,

1. Expresses appreciation of the work carried out by the relevant mtergovemmental
organizations, particularly the development of such obser\ational programmes as the Global
Climate Observing System, the Global Ocean Observmg System and the Global Terrestrial
Observing System;

2. Recognizes the concerns raised by the relevant intergovemmental organizations
with regard to the long-term sustamability of these observational systems;



Online LibraryUnited States. Congress. House. Committee on ScienRoad from Kyoto : hearing before the Committee on Science, U.S. House of Representatives, One Hundred Fifth Congress, second session (Volume pt. 2) → online text (page 116 of 137)