The Kyoto Protocol: the complete and complete text

Here is the full text of the Kyoto Protocol.

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KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

The Parties to this Protocol,

Being Parties to the United Nations Framework Convention on Climate Change (hereinafter referred to as the “Convention”),

Anxious to achieve the ultimate objective of the Convention as set out in Article 2 thereof,

Recalling the provisions of the Convention,

Guided by Article 3 of the Convention,

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

Have agreed as follows:

Article first

For the purposes of this Protocol, the definitions set out in article XNUMX of the Convention shall apply. In addition :

1. “Conference of the Parties” means the Conference of the Parties to the Convention.

2. “Convention” means the United Nations Framework Convention on Climate Change, adopted in New York on May 9, 1992.

3. "Intergovernmental Panel on Climate Change" means the Intergovernmental Panel on Climate Change jointly established by the World Meteorological Organization and the United Nations Environment Program in 1988. .

4. “Montreal Protocol” means the Montreal Protocol of 1987 on Substances that Deplete the Ozone Layer, adopted in Montreal on September 16, 1987, as subsequently adapted and amended.

5. “Parties present and voting” means Parties present which cast an affirmative or negative vote.

6. “Party” means, unless the context indicates otherwise, a Party to this Protocol.

7. "Party referred to in Annex I" means any Party listed in Annex I to the Convention, taking into account any modifications which may be made to that annex, or any Party which has made a notification in accordance with Article 2, paragraph 4 (g), of the Convention.

Article 2

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

a) Apply and / or further develop policies and measures, depending on national circumstances, for example:

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

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

iii) Promotion of sustainable forms of agriculture taking into account climate change considerations;

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

v) Gradual reduction or gradual elimination of market imperfections, tax incentives, tax and duty exemptions and subsidies which run counter to the objective of the Convention, in all sectors emitting greenhouse gases greenhouse and application of market instruments;

(vi) Encouraging appropriate reforms in relevant sectors to promote policies and measures that limit or reduce greenhouse gas emissions that are not regulated by the Montreal Protocol;

(vii) Adoption of measures to limit or reduce greenhouse gas emissions not regulated by the Montreal Protocol in the transport sector;

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

(b) Cooperate with other Covered Parties to enhance the individual and overall effectiveness of policies and measures adopted under this article, in accordance with subparagraph (i) of subparagraph (e) of paragraph 2 of article 4 of the Convention. To this end, these Parties shall make arrangements to share the fruits of their experience and to exchange information on such policies and measures, in particular by developing means of improving their comparability, transparency and efficiency. At its first session or as soon as it may thereafter, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall consider means of facilitating such cooperation, taking into account all relevant information.

2. Parties included in Annex I seek to limit or reduce greenhouse gas emissions not controlled by the Montreal Protocol from bunker fuels used in air and maritime transport, through the International Civil Aviation Organization and the International Maritime Organization, respectively.

3. The Parties included in Annex I shall endeavor to apply the policies and measures provided for in this article in such a way as to minimize the negative effects, in particular the adverse effects of climate change, the repercussions on international trade and the social, environmental and economic consequences for other Parties, especially developing country Parties and more particularly those designated in paragraphs 8 and 9 of article 4 of the Convention, taking into account article 3 thereof. this. The Conference of the Parties serving as the meeting of the Parties to this Protocol may take other measures, as appropriate, to facilitate the implementation of the provisions of this paragraph.

4. If it decides that it would be useful to coordinate some of the policies and measures referred to in paragraph 1 (a) above, taking into account different national situations and potential effects, the Conference of the Parties serving as a meeting of the Parties to this Protocol shall study appropriate modalities for organizing the coordination of these policies and measures.

Article 3

1. Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic emissions, expressed in carbon dioxide equivalents, of the greenhouse gases listed in Annex A do not exceed the amounts that are allocated to them, calculated on the basis of their quantified commitments in terms of limitation and reduction of emissions listed in Annex B and in accordance with the provisions of this article, with a view to reducing their total emissions of these gases by at least 5% over 1990 level during the 2008-2012 commitment period.

2. Each Party included in Annex I shall have made progress in 2005 in fulfilling its commitments under this Protocol which it can demonstrate.

3. The net variations in greenhouse gas emissions by sources and absorption by sinks resulting from human activities directly related to land use change and forestry and limited to afforestation, reforestation and to deforestation since 1990, variations which correspond to verifiable variations in carbon stocks during each commitment period, are used by Parties included in Annex I to meet their commitments under this article. The greenhouse gas emissions by sources and removals by sinks associated with these activities shall be reported in a transparent and verifiable manner and reviewed in accordance with Articles 7 and 8.

4. Prior to 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 shall provide the Subsidiary Body for Scientific and Technological Advice, for its consideration, with data for determining the level of its carbon stocks in 1990 and to estimate the changes in its carbon stocks over the following 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 decide on the modalities, rules and guidelines to be applied in deciding which additional anthropogenic activities related to changes in emissions by sources and sinks of greenhouse gases in the categories of agricultural land and land-use change and forestry should be added to the amounts allocated to Parties included in Annex I or subtracted from these quantities and how to proceed in this regard, given the uncertainties, the need to communicate transparent and verifiable data, 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 decisions of the Conference this of the Parties. This decision is valid for the second commitment period and for the following periods. A Party may apply it to these additional anthropogenic activities during the first commitment period as long as these activities have taken place since 1990.

5. Parties included in Annex I that are in transition to a market economy and whose base year or period has been established in accordance with decision 9 / CP.2, adopted by the Conference of the Parties at its second session, fulfill their commitments under this article based on the year or reference period. Any other Party included in Annex I which is in transition to a market economy and which has not yet established its initial communication under Article 12 of the Convention may also notify the Conference of the Parties serving as the meeting of 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 acceptance of this notification.

6. In light of article 6, paragraph 4, of the Convention, the Conference of the Parties serving as the meeting of the Parties to this Protocol grants those Parties included in Annex I that are in transition to a market economy flexibility in the performance of their commitments other than those referred to in this article.

7. During the first period of quantified emission limitation and reduction commitments, from 2008 to 2012, the amount allocated to each of the Parties included in Annex I is equal to the percentage entered for it in Annex B, of its aggregate anthropogenic emissions, expressed in carbon dioxide equivalent, of the greenhouse gases indicated in Annex A in 1990, or during the year or the reference period established in accordance with paragraph 5 above, multiplied by five. Parties included in Annex I for which land-use change and forestry were a net source of greenhouse gas emissions in 1990 include in their emissions corresponding to the year or period. reference, for the purpose of calculating their assigned quantity, the anthropogenic emissions aggregated by the sources, expressed in carbon dioxide equivalent, less the quantities absorbed by the sinks in 1990, as they result from the change in land use.

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

9. For Parties included in Annex I, the commitments for the following periods are set out in amendments to Annex B to this Protocol which are adopted in accordance with paragraph 7 of Article 21. The Conference of the Parties serving as the meeting of the Parties to this Protocol initiate the review of these commitments at least seven years before the end of the first commitment period referred to in paragraph 1 above.

10. Any emission reduction unit, or any fraction of an assigned amount, that a Party acquires from another Party in accordance with the provisions of Articles 6 or 17 shall be added to the assigned amount of the Party carrying out the reduction. 'acquisition.

11. Any emission reduction unit, or any fraction of an assigned amount, that a Party transfers to another Party in accordance with the provisions of Articles 6 or 17 shall be subtracted from the assigned amount of the transferring Party.

12. Any certified emission reduction unit that a Party acquires from another Party in accordance with the provisions of Article 12 shall be added to the amount allocated to the acquiring Party.

13. If the emissions of a Party referred to in Annex I during a commitment period are less than the amount allocated to it under this Article, the difference shall, at the request of that Party, be added to the quantity allocated to it for subsequent commitment periods.

14. Each Party included in Annex I shall endeavor to fulfill the commitments referred to in paragraph 1 above so as to minimize the adverse social, environmental and economic consequences for developing country Parties, in particular those designated in paragraphs 8 and 9 of article 4 of the Convention. Consistent with relevant decisions of the Conference of the Parties regarding the implementation of these paragraphs, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, consider the measures necessary to minimize the effects of the changes. climate and / or the impact of response measures on the Parties mentioned in these paragraphs. Among the issues to be considered are the establishment of finance, insurance and technology transfer.

Article 4

1. All Parties included in Annex I that have agreed to jointly meet their commitments under Article 3 shall be deemed to have met those commitments to the extent that the cumulative total of their aggregated anthropogenic emissions, expressed in carbon dioxide equivalent, of the greenhouse gases indicated in Annex A does not exceed the quantities allocated to them, calculated on the basis of their quantified emission limitation and reduction commitments listed in Annex B and in accordance with the provisions of Article 3. The respective level of emissions attributed to each of the Parties to the Agreement is indicated in the Agreement.

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2. The Parties to any such agreement shall notify the terms thereof to the Secretariat on the date of deposit of their instruments of ratification, acceptance or approval of or accession to this Protocol. The secretariat in turn informs the Parties to the Convention and the signatories of the terms of the agreement.

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

4. If the Parties acting jointly do so within the framework of a regional economic integration organization and in consultation with it, any modification of the composition of that organization occurring after the adoption of this Protocol shall not affect on the commitments entered into in this instrument. Any change in the composition of the organization is only taken into account for the purposes of the commitments provided for in article 3 which are adopted after this change.

5. If the Parties to such an agreement fail to meet their expected cumulative total of emission reductions, each party is responsible for the level of its own emissions set out in the agreement.

6. If Parties acting jointly do so within the framework 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, as individual and jointly with the regional economic integration organization acting in accordance with Article 24, is responsible for the level of its emissions as notified under this Article in the event that the cumulative total level of reductions in 'emissions cannot be reached.

Article 5

1. Each Party included in Annex I shall put in place, at the latest one year before the start of the first commitment period, a national system enabling it to estimate anthropogenic emissions by sources and absorption by the sinks of all greenhouse gases not regulated by the Montreal Protocol. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, adopt the guiding framework for such national systems, which will include the methodologies specified in paragraph 2 below.

2. The methodologies for estimating anthropogenic emissions by sources and absorption by sinks of all greenhouse gases not regulated by the Montreal Protocol are those approved by the Intergovernmental Panel on climate change and endorsed by the Conference of the Parties at its third session. When these methodologies are not used, appropriate adjustments shall be made following the methodologies adopted by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session. On the basis, inter alia, of the work of the Intergovernmental Panel on Climate Change and the 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 consider regularly and, as appropriate, revise these methodologies and adjustments, taking fully into account any relevant decisions of the Conference of the Parties. Any revision of methodologies or adjustments serves only to verify compliance with the commitments provided for in Article 3 for any commitment period subsequent to this review.

3. The global warming potentials used to calculate the carbon dioxide equivalent of anthropogenic emissions by sources and uptake by sinks of greenhouse gases shown 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. On the basis, inter alia, of the work of the Intergovernmental Panel on Climate Change and the 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 consider regularly and, if necessary, revise the global warming potential corresponding to each of these greenhouse gases, taking fully into account any relevant decision of the Conference of the Parties. Any revision of a global warming potential only applies to the commitments provided for in Article 3 for any commitment period subsequent to this review.

Article 6

1. In order to fulfill its commitments under Article 3, any Party referred to in Annex I may transfer to any other Party having the same status, or acquire from it, emission reduction units resulting from projects. aiming to reduce anthropogenic emissions by sources or to enhance anthropogenic removals by sinks of greenhouse gases in any sector of the economy, provided that:

a) Any such project has the agreement of the Parties concerned;

(b) Any such project allows for a reduction in emissions by sources, or an enhancement of removals by sinks, in addition to those which could be obtained otherwise;

(c) The Party concerned may not acquire any emission reduction unit if it fails to comply with its obligations under Articles 5 and 7;

d) The acquisition of emission reduction units complements measures taken at national level in order to fulfill the commitments provided for in Article 3.

2. The Conference of the Parties serving as the meeting of the Parties to this Protocol may, at or as soon as possible after its first session, further develop guidelines for the implementation of this article, in particular with regard to the auditing and reporting.

3. A Party referred to in Annex I may authorize legal persons to participate, under its responsibility, in measures leading to the production, 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 raised in accordance with the relevant provisions of article 8, the divestments and acquisitions of emission reduction units may continue after the question has been raised. with the understanding that no Party may use these units to fulfill its Article 3 commitments until the compliance issue has been resolved.

Article 7

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

2. Each Party included in Annex I shall include in its national communication prepared in accordance with Article 12 of the Convention the additional information necessary to demonstrate that it is fulfilling its commitments. under this Protocol, and to be determined in accordance with paragraph 4 below.

3. Each Party included in Annex I shall submit the information required under paragraph 1 above each year, starting with the first inventory it is required to establish under the Convention for the first year of the commitment period following the entry into force of this Protocol for it. Each Party shall provide the information required under paragraph 2 above as part of the first national communication that it is required to submit under the Convention after the entry into force of this Protocol for it and after the adoption of the guidelines provided for in paragraph 4 below. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide on the periodicity with which the information required under this article shall subsequently be communicated, taking into account any timetable that may be decided by the Conference of the Parties for 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 thereafter periodically review guidelines for the preparation of information required under this article, taking into account the guidelines for the preparation of national communications. Parties included in 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 decide on the procedures for accounting for the amounts allocated.

Article 8

1. The information communicated under Article 7 by each of the Parties included in Annex I shall be examined by teams composed of experts following the relevant decisions of the Conference of the Parties and in accordance with the guidelines adopted for this purpose. under paragraph 4 below by the Conference of the Parties serving as the meeting of the Parties to this Protocol. The information reported under paragraph 1 of Article 7 by each of the Parties included in Annex I shall be considered as part of the annual compilation of emissions inventories and assigned amounts and the corresponding accounting. In addition, the information provided under paragraph 2 of Article 7 by each of the Parties included in Annex I shall be considered as part of the consideration of communications.

2. The review teams shall be coordinated by the secretariat and composed of experts chosen from among those designated by the Parties to the Convention and, where appropriate, by intergovernmental organizations, in accordance with the indications given for this purpose by the Conference of the Parties.

3. The review process allows for a full and detailed technical assessment of all aspects of a Party's implementation of this Protocol. The review teams shall prepare a report for the Conference of the Parties serving as the meeting of the Parties to this Protocol in which they assess that Party's compliance with its commitments and indicate any problems encountered in fulfilling these commitments and factors influencing their performance. The secretariat circulates this report to all Parties to the Convention. In addition, the secretariat shall compile a list of implementation issues 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.

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

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

(a) Information submitted by Parties in accordance with article 7 and reports on reviews of such information carried out by experts in accordance with this article;

(b) The implementation issues listed by the secretariat in accordance with paragraph 3 above, as well as any issues raised by Parties.

6. As a result of the consideration of the information referred to in paragraph 5 above, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall, on any matter, take the decisions necessary for the purposes of the implementation of this Protocol.

Article 9

1. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically review the said Protocol in the light of the most reliable scientific data and assessments concerning climate change and its impact, as well as relevant technical, social and economic data. These reviews shall be coordinated with the relevant reviews provided for in the Convention, in particular those required by article 2, paragraph 4 (d) and article 2, paragraph 7 (a), of the Convention. Convention. On the basis of 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 shall take place 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 later on a regular and punctual basis.

Article 10

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

a) Develop, where relevant and to the extent possible, cost-effective national and, where appropriate, regional programs to improve the quality of emission factors, activity data and / or local models and reflecting the economic situation of each Party, with the aim of establishing and periodically updating national inventories of anthropogenic emissions by sources and absorption by sinks of greenhouse gases not regulated by the Montreal Protocol, using comparable methodologies which will have to be decided by the Conference of the Parties and comply with the guidelines for the preparation of national communications adopted by the same Conference;

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(b) Develop, implement, publish and regularly update national and, where appropriate, regional programs containing measures to mitigate climate change and measures to facilitate appropriate adaptation to such changes;

i) These programs should relate in particular to the energy, transport and industrial sectors as well as agriculture, forestry and waste management. In addition, adaptation technologies and methods to improve spatial planning would allow better adaptation to climate change;

(ii) Parties included in Annex I shall communicate information on measures taken under this Protocol, including national programs, in accordance with Article 7; other Parties shall endeavor to include in their national communications, where appropriate, information on programs containing measures which, in their opinion, help to cope with climate change and its adverse effects. , including measures to reduce the increase in greenhouse gas emissions and increase absorption by sinks, capacity building measures and adaptation measures;

(c) Cooperate to promote effective modalities for the development, application and dissemination of environmentally sound technologies, know-how, practices and processes of relevance from a climate change perspective, and take all possible measures to promote, facilitate and finance, as appropriate, access to or transfer of these resources, in particular for the benefit of developing countries, including through the development of policies and programs aimed at effectively ensuring the transfer of environmentally friendly technologies. systems belonging to the public domain or belonging to the public sector and the establishment of an enabling environment for the private sector in order to facilitate and strengthen access to environmentally sound technologies and their transfer;

d) Cooperate in technical and scientific research and encourage the exploitation and development of systematic observation systems and the constitution of data archives in order to reduce uncertainties concerning the climate system, the adverse effects of climate change and the economic and social consequences of the various response strategies, and seek to promote the establishment and strengthening of endogenous capacities and means of participation in international and intergovernmental efforts, programs and networks concerning research and systematic observation, taking into account Article 5 of the Convention;

e) Support through their cooperation and encourage at the international level, making use, where appropriate, of existing bodies, the development and implementation of education and training programs, including the strengthening of national capacities , in particular at the human and institutional level, and the exchange or secondment of personnel responsible for training experts in the field, in particular for developing countries, and facilitating at the national level public awareness of climate change and access to information about these changes. Appropriate modalities should be developed for these activities to be carried out through the relevant bodies under the Convention, taking into account article 6 of the Convention;

(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) Take due account, in fulfilling the obligations provided for in this article, of article 8, paragraph 4, of the Convention.

Article 11

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

2. Within the framework of the application of paragraph 1 of article 4 of the Convention, in accordance with the provisions of paragraph 3 of article 4 and of article 11 thereof, and through the entity or entities responsible for ensuring the functioning of the financial mechanism of the Convention, developed country Parties and other developed Parties listed in Annex II to the Convention:

(a) Provide new and additional financial resources to cover the full agreed costs incurred by developing countries to progress in fulfilling the commitments already set out in article 1, paragraph 4 (a) of the Convention and referred to in Article 10 (a) of this Protocol;

(b) Also provide developing country Parties, including for the purpose of technology transfer, with the financial resources they need to cover all of the agreed additional costs incurred to progress in meeting the commitments already set out in paragraph 1 of the Article 4 of the Convention and referred to in Article 10 of this Protocol, on which a developing country Party shall have agreed with the entity or international entities referred to in Article 11 of the Convention, in accordance with that article.

The fulfillment of these commitments takes into account the fact that the flow of funds must be adequate and predictable, as well as the importance of appropriate burden-sharing among developed country Parties. Guidance for the entity or entities responsible for operating the financial mechanism of the Convention contained in relevant decisions of the Conference of the Parties, including those approved prior to the adoption of this Protocol , shall apply mutatis mutandis to the provisions of this paragraph.

3. Developed country Parties and other developed Parties listed in Annex II to the Convention may also provide, and developing country Parties may obtain, financial resources for the implementation of Article 10 of this Protocol. bilaterally, regionally or multilaterally.

Article 12

1. A mechanism for “clean” development is established.

2. The purpose of the “clean” development mechanism is to assist non-Annex I Parties to achieve sustainable development as well as to contribute to the ultimate objective of the Convention, and to assist Parties included in Annex I to meet their quantified commitments to limit and reduce their emissions under Article 3.

3. Under the “clean” development mechanism:

(a) Parties not listed in Annex I benefit from activities carried out within the framework of projects, which result in certified emission reductions;

(b) Parties included in Annex I may use the certified emission reductions obtained through these activities to meet part of their quantified emission limitation and reduction commitments under Article 3, in accordance with what has been determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol.

4. The “clean” development mechanism shall be under the authority of the Conference of the Parties serving as the meeting of the Parties to this Protocol and shall follow its guidelines; it is overseen by an executive board of the “clean” development mechanism.

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

(a) Voluntary participation approved by each Party concerned;

(b) Real, measurable and sustainable benefits associated with climate change mitigation;

c) Emissions reductions in addition to those that would occur in the absence of the certified activity.

6. The “clean” development mechanism helps organize funding for certified activities, as needed.

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

8. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall ensure that a portion of the funds from certified activities is used to cover administrative costs and to assist developing country Parties which are particularly vulnerable to the adverse effects of climate change to finance the cost of adaptation.

9. Can participate in the mechanism for a "clean" development, in particular in the activities mentioned in subparagraph (a) of paragraph 3 above and in the acquisition of certified emission reduction units, both public and private entities. ; participation is subject to directives which may be given by the executive board of the mechanism.

10. Certified emission reductions achieved between the year 2000 and the start of the first commitment period can be used to help meet commitments for that period.

Article 13

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

2. Parties to the Convention which 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 acts as the meeting of the Parties to this Protocol, decisions taken under that Protocol shall be taken only by the Parties to this instrument.

3. When the Conference of the Parties acts 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 which, at that time, is not a Party to this Protocol shall be replaced by a new member elected by and from among the Parties to this Protocol.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review the implementation of this Protocol and, within the limits of its mandate, take the necessary decisions to promote its effective implementation. It shall perform the functions conferred on it by this Protocol and:

a) It assesses, on the basis of all the information communicated to it in accordance with the provisions of this Protocol, the implementation thereof by the Parties, the overall effects of the measures taken in application of this Protocol, in in particular the environmental, economic and social effects and their cumulative impacts, and the progress made towards the objective of the Convention;

(b) It shall periodically review the obligations of Parties under this Protocol, taking due account of any reviews provided for in article 2, paragraph 4 (d) and article 2, paragraph 7, of the Convention and taking into account the objective of the Convention, the experience gained in its application and the development of scientific and technological knowledge and, in this regard, it examines and adopts periodic reports on the implementation of this Protocol;

c) It encourages and facilitates the exchange of information on the measures adopted by the Parties to cope with climate change and its effects, taking into account the diversity of situations, responsibilities and means of the Parties as well as their respective commitments under this Protocol;

d) It facilitates, at the request of two or more Parties, the coordination of the measures they have adopted to deal with climate change and its effects, taking into account the diversity of situations, responsibilities and means of the Parties. as well as their respective commitments under this Protocol;

e) It encourages and directs, in accordance with the objective of the Convention and the provisions of this Protocol and taking full account of the relevant decisions of the Conference of the Parties, the development and periodic refinement of comparable methodologies to enable the effectively implement the said Protocol, which shall be decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol;

(f) make recommendations on any matter necessary for the implementation of this Protocol;

(g) It endeavors to mobilize additional financial resources in accordance with paragraph 2 of article 11;

(h) establish the subsidiary organs considered necessary for the implementation of this Protocol;

(i) Where appropriate, it shall seek and use the services and assistance of international organizations and relevant intergovernmental and non-governmental bodies, as well as the information they provide;

j) It shall perform such other functions as may be necessary for the implementation of this Protocol and review any task arising from a decision of the Conference of the Parties.

5. The rules of procedure of the Conference of the Parties and the 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 of the Parties 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 annually and coincide 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 does not decides otherwise.

7. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall hold extraordinary sessions at any other time when it deems it necessary or if a Party so requests in writing, provided that such request is supported by a third party to the less than the Parties within six months of its communication to the Parties by the secretariat.

8. The United Nations, its specialized agencies and the International Atomic Energy Agency as well as any State member of one of these organizations or having observer status with one of them which does not is not a 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 body, national or international, governmental or non-governmental, which is competent in the fields covered by this Protocol and which has informed the secretariat that it wishes 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 admitted in that capacity unless at least one third of the Parties present object to it. The admission and participation of observers are governed by the rules of procedure referred to in paragraph 5 above.

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Article 14

1. The secretariat established in accordance with article 8 of the Convention shall provide the secretariat for this Protocol.

2. Paragraph 2 of article 8 of the Convention relating to the functions of the secretariat and paragraph 3 of the same article relating to the arrangements made for its functioning shall apply mutatis mutandis to this Protocol. The secretariat shall also perform the functions entrusted 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 established by Articles 9 and 10 of the Convention shall function, respectively, as Subsidiary Body for Scientific and Technological Advice and as a Subsidiary body for the implementation of this Protocol. The provisions of the Convention relating to the functioning of these two organs shall apply mutatis mutandis to this Protocol. The meetings of the Subsidiary Body for Scientific and Technological Advice and of the Subsidiary Body for Implementation of this Protocol shall coincide with those of the Subsidiary Body for Scientific and Technological Advice and of the Subsidiary Body for Implementation of the Convention.

2. Parties to the Convention which are not Parties to this Protocol may participate as observers in the work of any session of the subsidiary bodies. When the subsidiary bodies act as subsidiary bodies of this Protocol, decisions under this Protocol shall be taken only by those of Parties to the Convention which are Parties to this instrument.

3. When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise their functions in an area covered by this Protocol, any member of their bureau representing a Party to the Convention who, at that time, is not not party to this Protocol shall be replaced by a new member elected by the Parties to the Protocol and from among them.

Article 16

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall consider the application to this Protocol of the multilateral consultative process referred to in Article 13 of the Convention as soon as possible and modify it as necessary, in the light of any relevant decision 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 in accordance with Article 18.

Article 17

The Conference of the Parties defines the principles, modalities, rules and guidelines to be applied with regard to, inter alia, verification, reporting and accountability in emissions trading. Parties included in Annex B may participate in emissions trading for the purpose of meeting their commitments under Article 3. Any such trading is in addition to measures taken at the national level to meet the commitments. emission limitation and reduction figures provided for in this article.

Article 18

At its first session, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall approve appropriate and effective procedures and mechanisms to identify and consider cases of non-compliance with the provisions of this Protocol, in particular by drawing up an indicative list of consequences, taking into account the cause, type and degree of non-compliance and the frequency of cases. If procedures and mechanisms under this article have binding consequences, they shall be adopted by means of an amendment to this Protocol.

Article 19

The provisions of article 14 of the Convention relating to the settlement of disputes 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 the amendment is proposed for adoption. The secretariat shall also communicate the text of any proposed amendment to the Parties to the Convention and to the signatories to 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 in this direction are unsuccessful and no agreement is reached, the amendment is adopted as a last resort by a three-fourths majority vote of the Parties present and voting. The adopted amendment is communicated by the secretariat to the Depositary, who transmits it to all Parties for acceptance.

4. Instruments of acceptance of amendments shall be deposited with the Depositary. Any amendment adopted in accordance with paragraph 3 above shall enter into force with respect to the Parties having accepted it on the ninetieth day following the date of receipt by the Depositary of the instruments of acceptance three quarters of the time. less Parties to this Protocol.

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

Article 21

1. The annexes to this Protocol shall form an integral part thereof and, unless expressly provided otherwise, any reference to this Protocol constitutes at the same time a reference to its annexes. If annexes are adopted after the entry into force of this Protocol, they are limited to lists, forms and other descriptive documents of a scientific, technical, procedural or administrative nature.

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

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 the annex or the 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 to 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 in this direction are unsuccessful and no agreement is reached, the annex or the amendment to an annex shall be adopted as a last resort by a vote of a three-quarters majority of the Parties present and voting. The annex or the amendment to an annex adopted is communicated by the secretariat to the Depositary, who transmits it to all Parties for acceptance.

5. Any annex or any amendment to an annex, other than annex A or B, which has been adopted in accordance with paragraphs 3 and 4 above, shall enter into force with respect to all Parties to this Protocol six months. after the date on which the Depositary notifies them of its adoption, with the exception of Parties which, in the meantime, have notified the Depositary in writing that they do not accept the annex or amendment in question. In respect of Parties which withdraw their notification of non-acceptance, the annex or amendment to an annex shall enter into force on the ninetieth day following the date of receipt by the Depositary of the notification of this withdrawal.

6. If the adoption of an annex or of an amendment to an annex necessitates an amendment to this Protocol, such annex or amendment to an annex shall not enter into force until the amendment to the Protocol itself enters into force. 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 any amendment to Annex B is adopted only with the written consent of the Party concerned. .

Article 22

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

2. In the fields of their competence, regional economic integration organizations shall have, in order to exercise their right to vote, a number of votes equal to the number of their member States which are Parties to this Protocol. These organizations shall not exercise their right to vote if any of their 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 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 will be open for signature at United Nations Headquarters in New York from March 16, 1998 to March 15, 1999, and will be open for accession the day after it ceases to be open for signature. Instruments of ratification, acceptance, approval or accession are 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. Where one or more Member States of such an organization are Parties to this Protocol, that organization and its Member States shall agree on their respective responsibilities for the fulfillment of their obligations under this Protocol. In such a case, the organization and its member States are not entitled to exercise concurrently the rights arising from this Protocol.

3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall indicate the extent of their competence with respect to matters governed by this Protocol. In addition, these organizations shall inform the Depositary, who in turn shall inform the Parties, of any material change 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 at least 55 Parties to the Convention, including Parties included in Annex I whose total carbon dioxide emissions in 1990 represented at least 55% of the total volume of carbon dioxide emissions of all Parties included in this Annex.

2. For the purposes of this Article, “the total volume of carbon dioxide emissions in 1990 from Parties included in Annex I” is the volume notified by Parties included in Annex I, on the date on which they adopt this Protocol or earlier, in their initial national communication submitted under Article 12 of the Convention.

3. With respect to each Party or regional economic integration organization which ratifies, accepts or approves this Protocol or accedes to it after the conditions for entry into force set out in paragraph 1 above have been fulfilled. , this Protocol shall enter into force on the ninetieth day following the date of deposit by that 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 additional to those deposited by the member States of that organization.

Article 26

No reservations may be made to this Protocol.

Article 27

1. Upon the expiration of three years from the date of entry into force 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 upon the expiration of a period of one year from the date on which the Depositary receives notification thereof or at any later date specified in said notification.

3. Any Party denouncing the Convention shall also be deemed to denounce this Protocol.

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 Secretary-General of the United Nations.

DONE at Kyoto this eleventh day of December, one thousand nine hundred and ninety-seven.

IN WITNESS WHEREOF the undersigned, being 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)
Perfluorinated hydrocarbons (PFCs)
Sulfur hexafluoride (SF6)

Sectors / categories of sources

Energy

Combustion of fuels

Energy sector
Manufacturing and construction industries
Transport
Other sectors
Other

Fugitive emissions attributable to fuels

Combustibles solides
Oil and natural gas
Other

Industrial processes

Mineral products
Chemical industry
Metal production
Other production
Production of halogenated hydrocarbons and sulfur hexafluoride
Consumption of halogenated hydrocarbons and sulfur hexafluoride
Other

Use of solvents and other products

Agriculture

Enteric fermentation
Manure management
Rice
Agricultural soil
Prescribed burning of the savannah
On-site incineration of agricultural waste
Other

Waste

Disposal of solid waste
Wastewater
Incineration of waste
Other

Appendix B

Part Quota Limitation Commitments
or reducing emissions
(as a percentage of emissions for the year or reference period)
Germany 92
108 Australia
Austria 92
Belgium 92
Bulgaria * 92
Canada 94
European Community 92
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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