The Kyoto Protocol: the complete and full text


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The full text of the Kyoto Protocol.

Keywords: Kyoto Protocol, text, full, emission level CO2

KYOTO PROTOCOL TO THE FRAMEWORK CONVENTION UNITED NATIONS CLIMATE CHANGE

The Parties to this Protocol,

Étant Parties à la Convention-cadre des Nations Unies sur les changements climatiques (ci-après dénommée la « Convention »),

In pursuit of the ultimate objective of the Convention as stated in Article 2 thereof,

Recalling the provisions of the Convention,

Guided by article 3 of the Convention,

Acting under the Berlin Mandate adopted by the Conference of Parties to the Convention at its first session in the decision 1 / CP.1,

Have agreed as follows:

Article first

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

1. On entend par « Conférence des Parties » la Conférence des Parties à la Convention.

2. On entend par « Convention » la Convention-cadre des Nations Unies sur les changements climatiques, adoptée à New York le 9 mai 1992.

3. On entend par « Groupe d’experts intergouvernemental sur l’évolution du climat » le Groupe d’experts intergouvernemental sur l’évolution du climat créé conjointement par l’Organisation météorologique mondiale et le Programme des Nations Unies pour l’environnement en 1988.

4. On entend par « Protocole de Montréal » le Protocole de Montréal de 1987 relatif à des substances qui appauvrissent la couche d’ozone, adopté à Montréal le 16 septembre 1987, tel qu’il a été adapté et modifié ultérieurement.

5. On entend par « Parties présentes et votantes » les Parties présentes qui expriment un vote affirmatif ou négatif.

6. On entend par « Partie », sauf indication contraire du contexte, une Partie au présent Protocole.

7. On entend par « Partie visée à l’annexe I » toute Partie figurant à l’annexe I de la Convention, compte tenu des modifications susceptibles d’être apportées à ladite annexe, ou toute Partie qui a fait une notification conformément à l’alinéa g) du paragraphe 2 de l’article 4 de la Convention.

Article 2

1. Each of the Parties included in Annex I, in achieving its quantified commitments of limitation and reduction provided for in Article 3, so as to promote sustainable development:

a) Implement and / or further elaborate policies and measures in accordance with its national circumstances, for example the following:

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

ii) Protection and enhancement of sinks and reservoirs of greenhouse gases not controlled by the Montreal Protocol, taking into account its commitments under relevant international agreements relating to the environment; promotion of sustainable forest management, afforestation and reforestation;

iii) Promotion of sustainable forms of agriculture in light of considerations of climate change;

iv) Research, promotion, development and increased use of renewable energy sources, technologies trapping carbon dioxide and and innovative environmentally sound technologies;

v) Progressive reduction or phasing out of market imperfections, fiscal incentives, tax and duty exemptions and subsidies that go against the objective of the Convention in all sectors emitting greenhouse gases greenhouse and market instruments of implementation;

vi) Encouragement of appropriate reforms in relevant sectors to promote policies and measures which limit or reduce emissions of greenhouse gases not controlled by the Montreal Protocol;

vii) Measures to limit or reduce emissions of greenhouse gas not controlled by the Montreal Protocol in the transport sector;

viii) Limitation and / or reduction of methane emissions through recovery and use in waste management sector and in the production, transmission and distribution of energy;

b) Cooperate with other Parties to enhance the individual and combined effectiveness of policies and measures adopted under this Article in accordance with subparagraph i) of paragraph e) of paragraph of Article 2 4 of Convention. To this end, these Parties shall take steps to share the fruit of their experience and exchange information on such policies and measures, particularly by developing ways of improving their comparability, transparency and effectiveness. At its first session or as soon as practicable thereafter, the Conference of the Parties serving as the meeting of the Parties to this Protocol consider ways to facilitate such cooperation, taking into account all relevant information.

2. The Parties included in Annex I shall pursue limitation or reduction of emissions of gases not controlled greenhouse by the Montreal Protocol from bunker fuels used in aviation and maritime transport, passing through the international civil Aviation organization and the international maritime organization, respectively.

3. Parties included in Annex I shall strive to implement policies and measures provided in this article so as to minimize adverse effects, including the adverse effects of climate change, effects on international trade and social, environmental and economic impacts on other Parties, particularly developing country Parties and in particular those identified in paragraphs 8 and 9 4 Article of the Convention, given the article 3 of it. The Conference of the Parties serving as the meeting of the Parties to this Protocol may take, as appropriate, other measures to facilitate the application of this paragraph.

4. If it decides that it would be useful to coordinate some of the policies and measures referred to in paragraph a) of paragraph 1 above, taking into account different national circumstances and potential effects, the Conference of the Parties serving as the meeting of the Parties to this Protocol is considering modalities to organize the coordination of these policies and measures.

Article 3

1. The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic emissions, expressed in carbon dioxide equivalent, greenhouse gases listed in Annex A do not exceed the quantities that are their granted, calculated pursuant to their quantified commitments of limitation and reduction of emissions inscribed in Annex B and in accordance with the provisions of this Article, to reduce their overall emissions of such gases by at least 5% from the level of 1990 during the commitment period to 2008 2012.

2. Each Party included in Annex I shall have accomplished 2005 in the performance of its obligations under this Protocol, progress as may prove.

3. The net changes in emissions of greenhouse gases by sources and removals by sinks resulting from direct human-induced land use change and forestry activities, limited to afforestation, reforestation and deforestation since 1990, variations that correspond to verifiable changes in carbon stocks in each commitment period, are used by Parties included in Annex I to meet their commitments under this article. Emissions of greenhouse gases by sources and removals by sinks associated with those activities shall be reported in a transparent and verifiable manner and reviewed in accordance with Articles 7 and 8.

4. Before the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol, each Party included in Annex I provides for the Subsidiary Body for Scientific and Technological Advice for review data to determine the level of carbon stocks in 1990 and an estimate of its changes in carbon stocks in subsequent years. At its first session or as soon as possible thereafter, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt rules, regulations and guidelines to be applied to decide which additional human-induced activities related to the emission changes by sources and removals by sinks of greenhouse gases in the categories consist of agricultural land and land use change and forestry should be added to the assigned amounts for Parties included in Annex I or subtracted from, the quantities and how to proceed in this regard, given the uncertainty, the need for transparency in reporting, verifiability, the methodological work of the Intergovernmental Panel on climate change, the advice provided by Subsidiary Body for scientific and technological advice in accordance with Article 5 and decisions of the Conference of Parties. This decision applies to the second commitment period and subsequent periods. A Party may apply to these additional anthropogenic activities during the first commitment period, provided that these activities have taken place since 1990.

5. Parties included in Annex I undergoing transition to a market economy whose base year or period was established pursuant to the decision 9 / CP.2, adopted by the Conference of the Parties at its second session , fulfill their commitments under this section based on the base year or period. Any other Party included in Annex I, which is in transition to a market economy and has not yet established its initial submission under article 12 of the Convention may also notify the Conference of the Parties serving as the meeting the Parties to this Protocol its intention to retain a year or a historical reference period other than 1990 to fulfill its commitments under this article. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide on the acceptance of such notification.

6. taking into account paragraph of Article 6 4 of the Convention, the Conference of the Parties serving as the meeting of the Parties to this Protocol gives Parties included in Annex I that are in transition to a market economy some flexibility in the implementation of their commitments other than those referred to in this section.

7. During the first period of quantified commitments to limit and reduce emissions, ranging from 2008 2012 to the assigned amount for each Party included in Annex I shall be equal to the percentage inscribed for it in Annex B of its aggregate anthropogenic emissions, expressed in carbon dioxide equivalent, greenhouse gases listed in Annex A in 1990, or during the year or period determined in accordance with paragraph 5 above, multiplied by five. The Parties included in Annex I for whom land-use change and forestry constituted in 1990 a net source of greenhouse gas emissions are included in emissions corresponding to the year or period reference for the calculation of the amount allocated to them, the aggregate anthropogenic emissions by sources, expressed in carbon dioxide equivalent, net of removals by sinks in 1990, as resulting from the change allocation of land.

8. Any Party included in Annex I may choose 1995 as the base year for the calculation referred to in paragraph above 7 for hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

9. For Parties included in Annex I commitments for subsequent periods shall be established in amendments to Annex B to this Protocol adopted in accordance with paragraph of Article 7 21. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall initiate the consideration of such commitments at least seven years before the end of the first commitment period referred to in paragraph 1 above.

10. Any unit of emission reduction, or any part of an assigned amount, which a Party acquires from another Party in accordance with 6 or 17 items is added to the assigned amount for the Party making the acquisition .

11. Any unit of emission reduction, or any part of an assigned amount, which a Party transfers to another Party in accordance with articles or 6 17 is subtracted from the assigned amount for the Party making the assignment.

12. Any certified emission reductions which a Party acquires from another Party in accordance with Article 12 is added to the assigned amount for the Party making the acquisition.

13. If the emissions of a Party included in Annex I in a commitment period are less than its assigned amount under this Article, this difference shall, on request of that Party, added 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 so as to minimize adverse social, environmental and economic impacts on developing country Parties, particularly those are referred to in paragraphs 8 and 9 4 Article of the Convention. In line with relevant decisions of the COP on the implementation of those paragraphs, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, the necessary measures to minimize the effects of changes climate and / or the impact of response measures on Parties referred to in those paragraphs. Among the issues to be considered shall be the establishment of funding, insurance and technology transfer.

Article 4

1. Any Parties included in Annex I that have agreed to fulfill their commitments under Article 3 are deemed to have met those commitments provided that the combined total of their aggregate anthropogenic emissions, expressed in carbon dioxide equivalent, greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated according to their quantified commitments of limitation and reduction of emissions inscribed in Annex B and in accordance the provisions of Article 3. The respective emission level allocated to each of the Parties to the agreement stated therein.

2. The Parties to any such agreement shall notify the secretariat in terms of the date of deposit of their instruments of ratification, acceptance or approval of this Protocol or accession thereto. The secretariat shall in turn inform the Parties to the Convention and signed the terms of the agreement.

3. Any such agreement shall remain in operation for the duration of the commitment period specified in paragraph of Article 7 3.

4. If Parties acting jointly do so in the context of a regional economic integration organization and in consultation with it, any change in the composition of the organization after adoption of this Protocol shall not affect the commitments under this instrument. Any change in the composition of the organization is taken into account for the purposes of those commitments under Article 3 which are adopted after the change.

5. If the Parties to such agreements fail to achieve their total combined for them as regards emission reductions, each of them is responsible for the level of its own emissions set out in the agreement.

6. If Parties acting jointly do so in the context of a regional economic integration organization which is itself a Party to this Protocol and in consultation with it, each member State of that regional economic integration organization, individually and together with the regional economic integration organization acting in accordance with Article 24, is responsible for its level of emissions as notified under this section if the total combined level of emission reductions can not be achieved.

Article 5

1. Each Party included in Annex I shall establish at the latest one year before the start of the first commitment period, a national system for the estimation of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall at its first session the Guidelines for such national systems, which shall incorporate the methodologies specified in paragraph 2 below.

2. Methodologies for estimating anthropogenic emissions by sources and removals by sinks of all greenhouse gas not controlled by the Montreal Protocol are those accepted by the Intergovernmental Panel on developments climate and approved by the Conference of the Parties at its third session. Where such methodologies are not used, appropriate adjustments shall be applied according to methodologies adopted by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session. Based in particular on the work of the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly and, if appropriate, revise such methodologies and adjustments, taking fully into account any relevant decisions of the COP. Any revision to methodologies or adjustments shall be used only to verify compliance with commitments under Article 3 for any commitment period subsequent to that revision.

3. The potential of global warming used to calculate the carbon dioxide equivalence of anthropogenic emissions by sources and removals by sinks of greenhouse gases listed in Annex A are those approved by the Intergovernmental Panel on climate change and approved by the Conference of the Parties at its third session. Based in particular on the work of the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly and, if necessary, revises the potential of global warming corresponding to each of these greenhouse gas, taking fully into account any relevant decision of the Conference of the Parties. Any revision to a potential global warming does not apply only to commitments under Article 3 for any commitment period subsequent to that revision.

Article 6

1. In order to fulfill its obligations under Article 3, any Party included in Annex I may transfer to any other Party having the same status, or acquire from, emission reduction units resulting from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy, provided that:

a) Any such project has the approval of the Parties involved;

b) Any such project provides a reduction in emissions by sources, or an enhancement of removals by sinks, in addition to those that would otherwise occur;

c) The Party concerned does not acquire any emission reduction units if it is not complying with its obligations under Articles 5 and 7;

d) The acquisition of emission reduction units shall be supplemental measures taken at national level for the purpose of meeting commitments under Article 3.

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

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

4. If a question relating to the application of the requirements mentioned in this Article is identified in accordance with the relevant provisions of Article 8, transfers and acquisitions of emission reduction units may continue after the question has been identified, being that no Party shall use these units to meet its commitments under Article 3 until the issue of compliance is not settled.

Article 7

1. Each Party included in Annex I shall incorporate in its annual inventory of anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol, established in accordance with relevant decisions of the Conference of the Parties, additional information that is necessary to ensure that the provisions of Article 3 are respected and to be determined in accordance with paragraph 4 below.

2. Each Party included in Annex I shall incorporate in its national communication, submitted under Article 12 of the Convention, the supplementary information necessary to demonstrate that it fulfills its commitments under the this Protocol, which shall be determined in accordance with paragraph 4 below.

3. Each Party included in Annex I shall submit the information required under paragraph 1 above annually, beginning with the first inventory is required to establish under the Convention for the first year of the period engagement following the entry into force of this Protocol for that. Each Party shall provide the information required under paragraph 2 above as part of the first national communication is required to submit under the Convention after the entry into force of this Protocol for that and after adoption of the guidelines laid down in paragraph 4 below. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide on the frequency with which the information required under this Article shall be thereafter, taking into account any timetable to be established by the Conference of the Parties to the presentation national communications.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its first session, and review periodically thereafter, guidelines for the preparation of information required under this Article, taking into account the guidelines for the preparation of national communications from Parties Annex I adopted by the Conference of the Parties. In addition, before the start of the first commitment period, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt accounting methods assigned amounts.

Article 8

1. Information submitted pursuant to Article 7 by each Party included in Annex I shall be reviewed by teams of experts pursuant to relevant decisions of the Conference of Parties and in accordance with guidelines adopted for this purpose under 4 paragraph below by the Conference of the Parties serving as the meeting of the Parties to this Protocol. The information submitted under paragraph of Article 1 7 by each Party included in Annex I shall be reviewed as part of the annual compilation of emissions inventories and assigned amounts and the corresponding accounts. Furthermore, the information provided under paragraph of Article 2 7 by each Party included in Annex I shall be reviewed as part of the review of communications.

2. The review teams coordinated by the secretariat and composed of experts selected from those who have been nominated by Parties to the Convention and, if appropriate, by intergovernmental organizations, in accordance with guidance provided for this purpose by the Conference of Parts.

3. The review process enables complete and comprehensive technical assessment of all aspects of the implementation of this Protocol by a Party. The review teams develop, for the Conference of the Parties serving as the meeting of the Parties to this Protocol, a report in which they assess the fulfillment of that Party of its obligations and indicate any potential problems to fulfill these commitments and factors affecting their performance. The Secretariat shall forward the report to all Parties to the Convention. In addition, the secretariat lists the issues related to the implementation that may be mentioned in this report for submission to the Conference of the Parties serving as the meeting of the Parties to this Protocol for further consideration before.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its first session, and review periodically thereafter, guidelines for the review of the implementation of this Protocol by expert teams, taking into account relevant decisions of the Conference of Parties.

5. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, with the assistance of the Subsidiary Body for Implementation and the Subsidiary Body for Scientific and Technological Advice, as appropriate:

a) The information submitted by Parties under Article 7 and review reports thereon conducted by experts under this article;

b) Issues relating to the implementation of which the list was prepared by the secretariat under paragraph 3 above, as well as any questions raised by Parties.

6. Following the review of the information in paragraph 5 above, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall, on any matter, the decisions necessary for the implementation of this Protocol.

Article 9

1. The Conference of Parties serving as the meeting of the Parties to this Protocol shall periodically review this Protocol in the light of scientific evidence and the safest assessments on climate change and its impacts, as well as relevant technical, social and economic. These exams are coordinated with pertinent reviews under the Convention, in particular those required by paragraph d) of paragraph 2 4 section and paragraph a) of paragraph of Article 2 7 of Convention. Based on these reviews, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take appropriate action.

2. The first review at the second session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. New examinations are carried out thereafter on a regular and timely manner.

Article 10

All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances, without providing further commitments for Parties not included in Annex I, but reaffirming those already set out in paragraph of Article 1 4 of the Convention, and continuing to advance the implementation of these commitments in order to achieve sustainable development, taking into account paragraphs 3, 5 and 7 of Article 4 of the Convention:

a) Formulate, where relevant and to the extent possible, national and, where appropriate, regional, effective compared to the cost to improve the quality of emission factors, activity data and / or local models, and reflecting the economic situation of each Party, in order to establish and periodically update national inventories of anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies to be adopted by the COP and be consistent with the guidelines for the preparation of national communications adopted by the same Conference;

b) Formulate, implement, publish and regularly update national and, where appropriate, regional programs containing measures to mitigate climate change and measures to facilitate adequate adaptation to climate change:

i) Such programs would, inter alia the areas of energy, transport and industry as well as agriculture, forestry and waste management. Furthermore, adaptation technologies and methods for improving spatial planning would improve adaptation to climate change;

ii) Parties included in Annex I shall submit information on measures taken under this Protocol, including national programs, in accordance with Article 7; and other Parties, they seek to include in their national communications, where appropriate, of information on programs containing measures which, in their view, help to address climate change and its adverse effects including measures to reduce the increase in greenhouse gas emissions and increase removals by sinks, measures of capacity building and adaptation measures;

c) Cooperate in the promotion of effective modalities for the development, application and diffusion of technologies, know-how, environmentally sound practices and processes of interest from the point of view of climate change and take all practicable steps to promote, facilitate and finance, as appropriate, access to resources or transfer, particularly to developing countries, including through the development of policies and programs to ensure the effective transfer of environmentally technologies rational publicly owned or in the public sector and the creation of an enabling environment for the private sector to facilitate and enhance access to environmentally sound technologies and their transfer;

d) Cooperate in scientific and technical research and promote the maintenance and development of systematic observation systems and development of data archives to reduce uncertainties related to the climate system, the adverse impacts of climate change and economic and social consequences of various response strategies, and work to promote the establishment and strengthening of endogenous capacities and capabilities to participate in efforts, international and intergovernmental programs and networks on research and systematic observation, taking into account Article 5 of the Convention;

e) Cooperate in and promote at the international level, using, where appropriate, existing bodies, the development and implementation of education and training programs, including the strengthening of national capacities in particular human and institutional capacities and the exchange or secondment of personnel to train experts in this field, especially for developing countries, and facilitate at the national level public awareness of climate change and the access thereof to information regarding such changes. Suitable modalities should be developed for these activities are carried out through the relevant bodies of the Convention, considering Article 6 thereof;

f) Include in their national communications information on programs and activities undertaken pursuant to this Article in accordance with relevant decisions of the Conference of the Parties;

g) Give full consideration, in implementing the commitments under this Article, paragraph of Article 8 4 of the Convention.

Article 11

1. To apply Article 10, Parties shall take into account the provisions of paragraphs 4, 5, 7, 8 and 9 4 Article of the Convention.

2. As part of the implementation of paragraph of Article 1 4 of the Convention in accordance with paragraph of Article 3 4 11 and article thereof, and through the entity or the entities entrusted with the operation of the financial mechanism of the Convention, the developed country Parties and other developed Parties included in Annex II of the Convention:

a) Provide new and additional financial resources to cover the agreed full costs incurred by developing countries to advance the implementation of existing commitments in paragraph a) of paragraph of Article 1 4 of the Convention and referred to in paragraph a) of article 10 of this Protocol;

b) Also provide to developing country Parties, in particular for technology transfer, financial resources they need to cover all agreed incremental costs incurred to advance the implementation of existing commitments in paragraph 1 of the Article 4 of the Convention and referred to in Article 10 of this Protocol, in which a developing country Party shall be heard with the entity or international entities referred to in Article 11 of the Convention under Article.

The implementation of these commitments into account the fact that the funds need for adequacy and predictability as well as the importance of appropriate burden sharing among developed country Parties. The guidance to the entity or entities entrusted with the operation of the financial mechanism of the Convention in relevant decisions of the Conference of the Parties, including those agreed before the adoption of this Protocol shall apply mutatis mutandis to this paragraph.

3. The developed country Parties and other developed Parties included in Annex II of the Convention may also provide, and developing country Parties avail themselves of, financial resources for the implementation of article 10 of this Protocol through bilateral, regional or multilateral.

Article 12

1. Il est établi un mécanisme pour un développement « propre ».

2. L’objet du mécanisme pour un développement « propre » est d’aider les Parties ne figurant pas à l’annexe I à parvenir à un développement durable ainsi qu’à contribuer à l’objectif ultime de la Convention, et d’aider les Parties visées à l’annexe I à remplir leurs engagements chiffrés de limitation et de réduction de leurs émissions prévus à l’article 3.

3. Au titre du mécanisme pour un développement « propre » :

a) Parties not included in Annex I will benefit from activities undertaken in the framework of projects that result in certified emission reductions;

b) Parties included in Annex I may use the certified emission reductions accruing from such project activities to meet part of their quantified commitments of limitation and reduction of emissions under Article 3, under which determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol.

4. Le mécanisme pour un développement « propre » est placé sous l’autorité de la Conférence des Parties agissant comme réunion des Parties au présent Protocole et suit ses directives; il est supervisé par un conseil exécutif du mécanisme pour un développement « propre ».

5. Emission reductions resulting from each project activity shall be certified by operational entities designated by the Conference of the Parties serving as the meeting of the Parties to this Protocol, on the basis of the following criteria:

a) Voluntary participation approved by each Party;

b) Real, measurable and sustainable related to the mitigation of climate change;

c) Emissions reductions are additional to any that would occur in the absence of the certified project activity.

6. Le mécanisme pour un développement « propre » aide à organiser le financement d’activités certifiées, selon que de besoin.

7. The Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session develops modalities and procedures to ensure transparency, efficiency and accountability through independent auditing and verification activities.

8. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall ensure that a share of proceeds from certified project activities is used to cover administrative expenses and to assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation.

9. Peuvent participer au mécanisme pour un développement « propre », notamment aux activités mentionnées à l’alinéa a) du paragraphe 3 ci-dessus et à l’acquisition d’unités de réduction certifiée des émissions, des entités aussi bien publiques que privées; la participation est soumise aux directives qui peuvent être données par le conseil exécutif du mécanisme.

10. Certified emission reductions obtained during the year 2000 and the beginning of the first commitment period can be used to help meet commitments for this period.

Article 13

1. As the supreme body of the Convention, the Conference of the Parties serves as the meeting of the Parties to this Protocol.

2. The Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. When the Conference of the Parties acting as a Meeting of the Parties to this Protocol, decisions under this Protocol shall be only by the Parties to the Convention.

3. When the Conference of the Parties serves as the meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a Party to the Convention but, at that time, not a Party to this Protocol is replaced by a new member elected by the Parties to this Protocol and among them.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly of the implementation of this Protocol and shall make, within its mandate, the decisions necessary to promote its effective implementation. It shall exercise the functions conferred upon it by this Protocol and:

a) Assess, on the basis of all the information provided to him under the provisions of this Protocol, the implementation thereof by the Parties, the overall effects of the measures taken under this Protocol in particular environmental, economic and social and their cumulative impacts and progress to move towards the objective of the Convention;

b) Periodically examine the obligations of the Parties under this Protocol, giving due consideration to any reviews under paragraph d) of paragraph of Article 2 4 2 and paragraph of the article 7 of the Convention and taking into account the objective of the Convention, the experience gained in its implementation and the evolution of scientific and technological knowledge, and in this respect consider and adopt regular reports on the implementation of this Protocol;

c) Promote and facilitate the exchange of information on measures adopted by the Parties to address climate change and its effects, taking into account the differing circumstances, responsibilities and resources of the Parties as well as their respective commitments under this Protocol;

d) Facilitate, at the request of two or more Parties, the coordination of measures adopted by them to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments under this Protocol;

e) Promote and guide, in accordance with the objective of the Convention and the provisions of this Protocol, and taking fully into account the relevant decisions of the Conference of the Parties, the development and periodic refinement of comparable methodologies to enable effectively implement this Protocol, to be adopted by the Conference of the Parties serving as the meeting of the Parties to this Protocol;

f) Make recommendations on any matters necessary for the implementation of this Protocol;

g) Seek to mobilize additional financial resources in accordance with paragraph of Article 2 11;

h) Establish subsidiary bodies deemed necessary for the implementation of this Protocol;

i) If applicable, Seek and utilize the services and assistance of international organizations and intergovernmental and non-governmental bodies, and the information they provide;

j) Exercise such other functions as may be necessary for the implementation of this Protocol, and consider any assignment resulting from a decision of the Conference of Parties.

5. The rules of procedure of the Conference of the Parties and financial procedures applied under the Convention shall apply mutatis mutandis to this Protocol, unless the Conference of the Parties serving as the meeting of the Parties to this Protocol decides otherwise by consensus.

6. The secretariat shall convene the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol on the occasion of the first session of the Conference that is scheduled after the entry into force of this Protocol. Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held every year and in conjunction with ordinary sessions of the Conference of the Parties, unless the Conference of the Parties serving as the meeting of the Parties to this Protocol ' decides otherwise.

7. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall hold special sessions at any other time as it deems necessary or if a party so requests in writing, provided that it is supported by at least one third of Parties within six months after its submission to the Parties by the secretariat.

8. The United Nations, its specialized agencies and the International Atomic Energy Agency as well as all Member States of these organizations and has observer status with one of them who is not 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 as an observer at a session of the Conference of Parties serving as the meeting of the Parties to this Protocol may be so admitted unless at least one third of the Parties present object. The admission and participation of observers shall be governed by the rules referred to in paragraph 5 above.

Article 14

1. The secretariat established by article 8 of the Convention provides the secretariat of this Protocol.

2. Paragraph of Article 2 8 of the Convention on the secretariat functions and 3 paragraph of that article concerning the arrangements for its operation shall apply mutatis mutandis to this Protocol. The secretariat shall also 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 of the Convention created by the 9 and 10 articles of the Convention shall serve as, respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body implementation of this Protocol. The provisions of the Convention relating to the functioning of these bodies shall apply mutatis mutandis to this Protocol. The meetings of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Protocol coincide with those of the scientific council of SBSTTA and technology and the Subsidiary Body for Implementation of the Convention.

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

3. When the subsidiary bodies established by the 9 and 10 articles of the Convention exercise their functions with regard to matters of this Protocol, any member of the bureau representing a Party to the Convention but, at that time, not a party to this Protocol is replaced by a new member elected by the Parties to the Protocol and among them.

Article 16

The Conference of the Parties serving as the meeting of the Parties to this Protocol as soon as possible considering the application to this Protocol of the multilateral consultative process referred to in Article 13 of the Convention, and modify as appropriate, in the light of any relevant decisions that may be taken by the Conference of the Parties to the Convention. Any multilateral consultative process that may be applied to this Protocol shall operate without prejudice to the procedures and mechanisms established under Article 18.

Article 17

The COP defines the principles, modalities, rules and guidelines apply in particular for verification, reporting and accountability for the exchange of emission rights. Parties included in Annex B may participate in emissions trading exchanges for the purposes of fulfilling their commitments under Article 3. Any exchange of this type complements the measures taken at national level to fulfill the quantified commitments of limitation and reduction of emissions provided in this article.

Article 18

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

Article 19

The provisions of article 14 of the settlement of disputes concerning Convention apply mutatis mutandis to this Protocol.

Article 20

1. Any Party may propose amendments to this Protocol.

2. Amendments to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the 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 to the Convention and to the signatories of this instrument and, for information, to the Depositary.

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

4. The acceptance of amendments instruments are deposited with the Depositary. An amendment adopted in accordance with paragraph 3 above comes into force for the Parties having accepted the ninety-tenth day following the date of receipt by the Depositary of instruments of acceptance of three quarters unless the Parties to this Protocol.

5. The amendment shall enter into force for any other Party on the ninetieth day following the date of deposit by that Party with the Depositary its instrument of acceptance of the amendment.

Article 21

1. The Annexes to this Protocol form an integral part thereof and, unless expressly provided otherwise, a reference to this Protocol constitutes at the same time a reference to its annexes. Any annexes adopted after the entry into force of this Protocol shall be restricted to lists, forms and other documents describing scientific, technical, procedural or administrative.

2. Any Party may propose annexes to this Protocol and amendments to annexes to this Protocol.

3. The 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 the annex or amendment is proposed for adoption. The secretariat shall also communicate the text of any proposed annex or amendment to an annex to the Parties to the Convention and to the signatories of this instrument and, for information, to the Depositary.

4. The Parties shall make every effort to reach agreement by consensus on any proposed annex or amendment to an annex. If all efforts have been exhausted and no agreement reached, the annex or amendment to an Annex is adopted as a last resort by a majority vote of three quarters of Parties present and voting. The annex or amendment to an annex adopted is communicated by the secretariat to the Depositary, which transmits it to all Parties for acceptance.

5. An annex or amendment to an annex other than Annex A or B, which was adopted in accordance with paragraphs 3 and 4 above, enter into force for all Parties to this Protocol six months after the date on which the Depositary has notified their adoption, except for those Parties which, in the meantime, have notified the Depositary in writing that they would not accept the annex or amendment. In respect of the Parties which withdraw their notification of non-acceptance, the annex or amendment to an annex shall enter into force the ninetieth day following the date of receipt by the Depositary of notification of withdrawal.

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 enters into force only when the amendment to the Protocol enters into force.

7. The 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 any amendment to Annex B shall be adopted only with the written consent of the Party concerned.

Article 22

1. Each Party shall have one vote, subject to paragraph 2 below.

2. In the areas of their competence, the regional economic integration organizations shall exercise their right to vote with a number of votes equal to the number of their member States which are Parties to this Protocol. These organizations do not exercise their right to vote if any of its Member States exercises its right, and vice versa.

Article 23

The Secretary General of the United Nations is the Depositary of this Protocol.

Article 24

1. This Protocol is open for signature and subject to ratification, acceptance or approval by States and regional economic integration organizations that are Parties to the Convention. It will be open for signature at the Headquarters of the United Nations in New York from March 16 1998 to 15 1999 March and will be open for accession from the day after it will cease to be open for signature. The 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. When one or more Member States of such an organization are Parties to this Protocol, the organization and its Member States decide on their respective responsibilities for the performance of their obligations under this Protocol. In such cases, the organization and its Member States are not entitled to exercise rights under this Protocol.

3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall declare the extent of their competence with respect to matters governed by this Protocol. In addition, these organizations inform the Depositary, who shall inform in turn 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 following the date of deposit of their instruments of ratification, acceptance, approval or accession by 55 Parties to the Convention to a minimum, including the Parties concerned in Annex I of which the total emissions of carbon dioxide accounted for at least 1990 55% of the total emissions of carbon dioxide of all Parties included in Annex.

2. Aux fins du présent article, « le volume total des émissions de dioxyde de carbone en 1990 des Parties visées à l’annexe I » est le volume notifié par les Parties visées à l’annexe I, à la date à laquelle elles adoptent le présent Protocole ou à une date antérieure, dans leur communication nationale initiale présentée au titre de l’article 12 de la Convention.

3. With respect to each State or regional economic integration organization that ratifies, accepts or approves this Protocol or accedes thereto after the requirements for entry into force of paragraph 1 above have been fulfilled, this Protocol shall enter into force ninety tenth day following the date of deposit by such State or organization 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 is not added to those deposited by Member States of this organization.

Article 26

No reservations may be made to this Protocol.

Article 27

1. At the expiration of three years from the effective date of this Protocol for a Party, that Party may, at any time, denounce it by written notification to the Depositary.

2. Such denunciation shall take effect at the expiration of one year from the date on which the Depositary receives notification or at any later date specified in such notice.

3. Any Party which denounces the Convention shall be deemed also denounce the present Protocol.

Article 28

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

DONE at Kyoto on December 11 thousand nine hundred and ninety to seven.

IN WITNESS WHEREOF the undersigned, duly authorized thereto, have signed this Protocol on the dates indicated.

Annex A

Greenhouse gas

carbon dioxide (CO2)
Methane (CH4)
Nitrous oxide (N2O)
Hydrofluorocarbons (HFCs)
perfluorocarbons (PFCs)
sulfur hexafluoride (SF6)

Sectors / source categories

Énergie

Fuel combustion

Energy Sector
Manufacturing industries and construction
Transportation
other sectors
Other

Fugitive emissions from fuels

Combustibles solides
Oil and Gas
Other

industrial processes

mineral products
Chemical industry
metal production
other production
Production of halocarbons and sulfur hexafluoride
Consumption of halocarbons and sulfur hexafluoride
Other



Solvent and other products

Agriculture

enteric fermentation
Manure Management
rice
agricultural soils
Prescribed burning of savannah
Field burning of agricultural waste
Other

Waste

Landfilling of solid waste
Wastewater
Waste incineration
Other

Appendix B

Party Quantified limitation commitments
or emission reduction
(Percentage of base year or period)
Germany 92
108 Australia
92 Austria
Belgium 92
Bulgaria * 92
Canada 94
92 European Community
Croatia * 95
Denmark 92
Spain 92
Estonia * 92
United States of America 93
Russian Federation * 100
Finland 92
France 92
Greece 92
Hungary * 94
Ireland 92
Iceland 110
Italy 92
Japan 94
Latvia * 92
Liechtenstein 92
Lithuania * 92
Luxembourg 92
Monaco 92
Norway 101
New Zealand 100
Netherlands 92
Poland * 94
Portugal 92
Czech Republic * 92
Romania * 92
United Kingdom of Great Britain and Northern Ireland 92
Slovakia * 92
Slovenia * 92
Sweden 92
Switzerland 92
Ukraine * 100

________________________

* Countries in transition to a market economy.


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