Kyoto Protocol to the United Nations Framework Convention on Climate Change. December 11, 1997.
Adopted on 11 December 1997
Parties to this Protocol,
As Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as the «Convention
with a view to achieving the ultimate objective of the Convention as set forth in Article 2,
Recalling the provisions of the Convention,
Guided by article 3 of the Convention,
Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the Conference of the Parties to the Convention at its first session
Have agreed as follows:
Article 1
For the purposes of this Protocol, the definitions contained in Article 1 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 established jointly by the World Meteorological Organization and the United Nations Environment Programme in 1988.
4. «Montreal Protocol» means the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on September 16, 1987, as subsequently modified and amended.
5. «Parties Present and Voting» means Parties present and voting for or against.
6. «Party» means, unless the context otherwise indicates, a Party to this Protocol.
7. «Annex I Party» means a Party included in Annex I to the Convention as may be amended or a Party which has submitted a notification in accordance with Article 4, paragraph 2g, of the Convention.
Article 2
1. Each Party included in Annex I, in achieving its quantified emission limitation and reduction commitments under Article 3, in order to promote sustainable development
(a) Implement and/or further develop, in accordance with its national circumstances, such policies and measures as:
(i) Improving energy efficiency in relevant sectors of the national economy;
(ii) Protecting and enhancing sinks and reservoirs of greenhouse gases not regulated by the Montreal Protocol, taking into account its obligations under the relevant international environmental agreements; promoting sustainable forest management practices, afforestation and reforestation
(iii) Promotion of sustainable forms of agriculture in light of climate change considerations;
(iv) Research, promotion, development and increased use of new and renewable forms of energy, carbon dioxide sequestration technologies and innovative environmentally sound technologies;
(v) Gradually reducing or eliminating market distortions, fiscal incentives, tax and duty exemptions, and subsidies contrary to the objective of the Convention in all greenhouse gas emitting sectors, and applying market instruments;
(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 and/or reduce emissions of greenhouse gases 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, as well as in the production, transportation and distribution of energy;
(b) Cooperate with other such Parties to enhance the individual and cumulative effectiveness of their policies and measures taken under this Article, in accordance with Article 4, paragraph 2e (i), of the Convention. To this end, those Parties shall take steps to share their experiences and exchange information on such policies and measures, including developing ways to enhance their comparability, transparency and effectiveness. 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, consider ways to facilitate such cooperation, taking into account all relevant information.
2. The Parties included in Annex I shall seek to limit or reduce emissions of greenhouse gases not controlled by the Montreal Protocol from aviation and marine bunker fuels, working through the International Civil Aviation Organization and the International Maritime Organization, respectively.
3. The Parties included in Annex I shall strive to implement policies and measures under this Article in such a way 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, especially developing country Parties, in particular those identified in Article 4, paragraphs 8 and 9, of the Convention, taking into account Article 3 of the Convention. The Conference of the Parties serving as the meeting of the Parties to this Protocol may, as appropriate, take further action to facilitate the implementation of the provisions of this paragraph;
4. The Conference of the Parties serving as the meeting of the Parties to this Protocol, if it decides, taking into account different national circumstances and potential effects, that it would be useful to coordinate any policies and measures referred to in paragraph 1 (a) above, shall consider ways and means to elaborate the coordination of such policies and measures.
Article 3
1. The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of this Article, with a view to reducing their overall emissions of such gases by at least five per cent below 1990 levels in
2. Each Party included in Annex I shall, by 2005, have made demonstrable progress in meeting its obligations under the present Protocol.
3. The net changes in greenhouse gas emissions by sources and removals by sinks resulting directly from human-induced land-use change and forestry activities, limited to afforestation, reforestation and deforestation since 1990, measured as verifiable changes in carbon stocks in each commitment period, shall be used to meet the commitments of each Party included in Annex I to 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, for consideration by the Subsidiary Body for Scientific and Technological Advice, data to establish its level of carbon stocks in 1990 and to enable an assessment of changes in its carbon stocks in subsequent years. 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, decide upon modalities, rules and guidelines as to how and which additional human-induced activities related to changes in greenhouse gas emissions by sources and removals by sinks in the agricultural soils and the land-use change and forestry categories shall be added to the assigned amount for 1990. Such decision shall apply in the second and subsequent commitment periods. A Party may choose to apply such a decision on these additional human activities in its first commitment period provided that these activities have taken place since 1990.
5. The Parties included in Annex I undergoing the process of transition to a market economy whose base year or period was established pursuant to decision 9/CP.2 of the Conference of the Parties at its second session shall use that base year or period for the implementation of their commitments under this Article. Any other Party included in Annex I undergoing the process of transition to a market economy which has not yet submitted its first national 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 that it intends to use a base year or period other than 1990 for the implementation of 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 Article 4, paragraph 6, of the Convention, in the implementation of their commitments under this Article, a certain degree of flexibility shall be allowed by the Conference of the Parties serving as the meeting of the Parties to this Protocol to those Parties included in Annex I undergoing the process of transition to a market economy.
7. In the first quantified emission limitation and reduction commitment period, from 2008 to 2012, 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 carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or period determined in accordance with paragraph 5 above, multiplied by five. Those Parties included in Annex I for whom land-use change and forestry constituted a net source of greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period the aggregate anthropogenic carbon dioxide equivalent emissions by sources minus removals by sinks in 1990 from land-use change for the purposes of calculating their assigned amount.
8. Each Party included in Annex I may use 1995 as its base year for hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride, for the purposes of the calculation referred to in paragraph 7 above.
9. Commitments for subsequent periods for Parties included in Annex I shall be established in amendments to Annex B to this Protocol, which shall be adopted in accordance with the provisions of Article 21, paragraph 7. 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 emission reduction units, or any part of an assigned amount, which a Party acquires from another Party in accordance with the provisions of Article 6 or Article 17 shall be added to the assigned amount for the acquiring Party.
Any emission reduction units, or any part of an assigned amount, which a Party transfers to another Party in accordance with the provisions of Article 6 or Article 17 shall be subtracted from the assigned amount of the transferring Party.
(12) Any certified emission reduction units which a Party acquires from another Party in accordance with the provisions of Article 12 shall be added to the assigned amount for the acquiring Party.
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, be added to the assigned amount of that Party for subsequent commitment periods.
14. Each Party included in Annex I shall strive to implement the commitments mentioned in paragraph 1 above in such a way as to minimize adverse social, environmental and economic impacts on developing country Parties, particularly those identified in Article 4, paragraphs 8 and 9, of the Convention. In accordance with the relevant decisions of the Conference of the Parties on the implementation of these paragraphs, the Conference of the Parties to the Convention serving as the meeting of the Parties to this Protocol at its first session shall consider what action is needed to minimize the adverse effects of climate change and/or the consequences of response measures on the Parties listed in the paragraphs above. Among the issues to be considered shall be the provision of finance, insurance and transfer of technology.
Article 4
Any Parties included in Annex I that have reached an agreement to fulfil their commitments under Article 3 jointly, shall be deemed to have met those commitments provided that their total combined aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of Article 3. The appropriate level of emissions to be established for each Party to such agreement shall be defined in that agreement.
2. The Parties to any such agreement shall notify the secretariat of the terms of the agreement on the date of deposit of their instruments of ratification, acceptance, approval of or accession to the present Protocol. The secretariat shall in turn inform the Parties and signatories to the Convention of the terms of the agreement.
(3/Any such agreement shall remain in force for the duration of the commitment period specified in Article 3, paragraph 7.
4. If Parties acting jointly do so in or with a regional economic integration organization, any alteration in the composition of that organization after the adoption of this Protocol shall not affect existing obligations under this Protocol. Any alteration in the composition of the organization shall apply only for the purposes of those obligations under Article 3 which have been entered into after that alteration.
5. Where the Parties to such an agreement have not achieved their total cumulative emission reductions, each Party to that agreement shall be responsible for its own emission levels set forth in that agreement.
6. If the Parties acting jointly do so within, or together with, a regional economic integration organization that is itself a Party to the present Protocol, each State member of such a regional economic integration organization shall, individually and together with a regional economic integration organization operating in accordance with article 24, be responsible for its own emissions levels notified under
Article 5
1. Each Party included in Annex I shall establish, at least one year before the start of the first commitment period, a national system for estimating anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol. Guidelines for such national systems, which shall incorporate the methodologies specified in paragraph 2 below, shall be adopted by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session.
2. Methodologies for estimating anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties at its third session. Where such methodologies are not used, appropriate adjustments shall be made in accordance with methodologies approved by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session. Based on the work of, inter alia, 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 review and, as appropriate, revise such methodologies and adjustments, taking fully into account any relevant decisions by the Conference of the Parties. Any revision to methodologies or adjustments shall be used only for the purposes of ascertaining compliance with commitments under Article 3 in respect of any commitment period following that revision.
3. The global warming potentials used to calculate the carbon dioxide equivalence of anthropogenic emissions by sources and removals by sinks of greenhouse gases listed in Annex A shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties at its third session. Based on the work of, inter alia, 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 review and, as appropriate, revise the global warming potential of each such greenhouse gas, taking fully into account any relevant decisions by the Conference of the Parties. Any revision of a global warming potential shall apply only to commitments under Article 3 in respect of any commitment period adopted subsequent to that revision.
Article 6
For the purpose of meeting its commitments under Article 3, any Party included in Annex I may transfer to, or acquire from, any other such Party emission reduction units resulting from projects aimed at reducing anthropogenic emissions by sources or enhancing removals by sinks of greenhouse gases in any sector of the economy, provided that
(a) Any such project has been approved by the Parties involved;
(b) Any such project includes a reduction in emissions by sources or an increase in removals by sinks additional to that which might otherwise occur;
(c) It does not acquire any emission reduction units if it is not in compliance with its obligations under Articles 5 and 7; and
(d) The acquisition of emission reduction units complements domestic actions for the purpose of complying with Article 3 obligations.
2. The Conference of the Parties serving as the meeting of the Parties to this Protocol may, at its first session or as soon as practicable thereafter, further elaborate guidelines for the implementation of this Article, including for 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 of emission reduction units under this Article.
4. If an issue is identified under the provisions of Article 8 relating to compliance by a Party included in Annex I with the requirements specified in this Article, the transfer and acquisition of emission reduction units may continue after the issue is identified, provided that no such units may be used by either Party to meet its obligations under Article 3 until compliance is resolved.
Article 7
1. Each Party included in Annex I shall include in its annual inventory of anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol, submitted in accordance with the relevant decisions of the Conference of the Parties to the Convention, the supplementary information necessary to ensure compliance with Article 3 as 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 compliance with its commitments under this Protocol, 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 annually, beginning with the first inventory due under the Convention for the first year of the commitment period after this Protocol has entered into force for that Party. Each such Party shall submit the information required under paragraph 2 above as part of the first national communication required to be submitted under the Convention following its entry into force of this Protocol and following the adoption of guidelines as set out in paragraph 4 below. The frequency of subsequent submission of information required under this Article shall be determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol, taking into account any timetable for the submission of national communications decided upon by the Conference of the Parties.
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 the information required under this Article, taking into account guidelines for the preparation of national communications by Parties included in Annex I adopted by the Conference of the Parties. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall also decide, before the beginning of the first commitment budget period, on the accounting treatment of assigned amounts.
Article 8
The information submitted under Article 7 by each Party included in Annex I shall be reviewed by expert review teams pursuant to the relevant decisions of the Conference of the Parties and in accordance with guidelines adopted for this purpose by the Conference of the Parties serving as the meeting of the Parties to this Protocol under paragraph 4 below. The information submitted under Article 7, paragraph 1, by each Party included in Annex I shall be reviewed as part of the annual compilation and accounting of the emission and assigned amount inventories. In addition, the information submitted under Article 7, paragraph 2, by each Party included in Annex I shall be reviewed as part of the review of communications.
2. Expert review teams shall be coordinated by the Secretariat and shall be composed of experts selected from those nominated by Parties to the Convention and, as appropriate, by intergovernmental organizations, in accordance with guidance provided for this purpose by the Conference of the Parties.
3. The review process shall include a thorough and comprehensive technical assessment of all aspects of the implementation by a Party of this Protocol. The expert review teams shall prepare a report to the Conference of the Parties serving as the meeting of the Parties to this Protocol, assessing the implementation of the Party’s obligations and identifying any potential problems and factors affecting the implementation of obligations. Such reports shall be circulated by the secretariat to all Parties to the Convention. The secretariat shall prepare a list of questions of implementation identified in such reports for further consideration by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
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 implementation of this Protocol by expert review teams taking into account the 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, with the assistance of the Subsidiary Body for Implementation and, as appropriate, the Subsidiary Body for Scientific and Technological Advice, consider
(a) The information submitted by Parties pursuant to Article 7 and the reports of the expert reviews thereof conducted pursuant to this Article; and
(b) Those questions of implementation listed by the Secretariat under paragraph 3 above, as well as any questions raised by Parties.
6. Pursuant to its 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 take decisions on any matter necessary for 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 this Protocol in the light of the best available scientific information and assessments on climate change and its impacts, as well as relevant technical, social and economic information. Such reviews shall be coordinated with related reviews under the Convention, in particular those under Article 4, paragraph 2 (d), and Article 7, paragraph 2 (a), of the Convention. Based on these reviews, the Conference of the Parties serving as the meeting of the Parties to this Protocol 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. Further reviews shall take place at regular intervals and in a 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 introducing any new commitments for non-Annex I Parties, but reaffirming existing commitments under Article 4, paragraph 1, of the Convention, and continuing to contribute to the achievement of sustainable development, taking into account Article 4, paragraphs 3, 5 and 7, of the Convention
(a) Formulate, where relevant and to the extent possible, cost-effective national and, where appropriate, regional programmes to improve the quality of local emission factors, activity data and/or models which reflect the socio-economic conditions of each Party for the preparation and periodic updating of national inventories of anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies that are consistent with the methodologies used by Parties
(b) Formulate, implement, publish and regularly update national and, where appropriate, regional programmes that include mitigation actions and measures to facilitate adequate adaptation to climate change:
(i) Such programs shall address, inter alia, the energy, transportation, and industrial sectors, as well as agriculture, forestry, and waste management. In addition, adaptation technologies and methods to improve spatial planning can improve adaptation to climate change;
(ii) Parties included in Annex I shall submit information on activities under this Protocol, including national programmes, in accordance with Article 7; and other Parties shall strive to include in their national communications, as appropriate, information on programmes which include measures that the Party believes contribute to addressing climate change and its adverse effects, including controlling increases in greenhouse gas emissions, and enhancing sink quality and removals
(c) Cooperate in the promotion of effective modalities for the development, application and diffusion of, and take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, and access to, environmentally sound technologies, know-how, practices and processes relevant to climate change, in particular to developing countries, including the development of policies and programmes for the effective transfer of environmentally sound technologies that are
(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 the economic and social consequences of various response strategies, and promote the development and strengthening of domestic capabilities and capabilities to participate in international and intergovernmental efforts, programmes and networks on research and systemic
(e) Cooperate in and promote at the international level, using, where appropriate, existing bodies, the development and implementation of education and training programmes, including the strengthening of national capacity-building, in particular human and institutional capacities and the exchange or secondment of personnel to train experts in this field, in particular for developing countries, and promote at the national level public awareness of and access to information about Acceptable modalities for these activities under the relevant bodies of the Convention should be developed taking into account Article 6 of the Convention;
(f) Include in their national communications information on programmes and activities undertaken pursuant to this Article in accordance with the relevant decisions of the Conference of the Parties; and
(g) Give full consideration, in implementing the obligations under this Article, to Article 4, paragraph 8, of the Convention.
Article 11
1. In implementing Article 10, Parties shall take into account the provisions of Article 4, paragraphs 4, 5, 7, 8 and 9 of the Convention.
2. In the context of the implementation of Article 4, paragraph 1, of the Convention, in accordance with the provisions of Article 4, paragraph 3, and Article 11, and through the entity or entities entrusted with the operation of the financial mechanism of the Convention, the developed country Parties and other developed Parties included in Annex II to the Convention shall
(a) Provide new and additional financial resources to meet the agreed full costs incurred by developing country Parties in advancing the implementation of commitments under Article 4, paragraph 1a. of the Convention covered by Article 10, subparagraph a; and
(b) Also provide such financial resources, including for the transfer of technology, as necessary to meet the agreed full incremental costs incurred by developing country Parties in advancing the implementation of commitments under Article 4, paragraph 1, of the Convention covered by Article 10 and agreed upon between the developing country Party and the international body or bodies referred to in Article 11 of the Convention in accordance with that Article.
The implementation of these existing commitments shall take into account the need for an adequate and predictable flow of funds and 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 contained in the relevant decisions of the Conference of the Parties, including those agreed before the adoption of this Protocol, shall apply mutatis mutandis to the provisions of this paragraph.
3. The developed country Parties and other developed Parties in Annex II to the Convention may also provide, and developing country Parties avail themselves of, financial resources for the implementation of Article 10, through bilateral, regional and other multilateral channels.
Article 12
1. The Clean Development Mechanism is hereby defined.
2. The objective of the clean development mechanism is to assist non-Annex I Parties in achieving sustainable development and contributing to the ultimate objective of the Convention and to assist Annex I Parties in achieving compliance with their quantified emission limitation and reduction commitments under Article 3.
3. Under the clean development mechanism:
(a) Non-Annex I Parties shall benefit from project activities that result in certified emission reductions; and
(b) Parties included in Annex I may use certified emission reductions resulting from such project activities to contribute to compliance with part of their quantified emission reduction and limitation commitments under Article 3, as determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
4. The clean development mechanism shall be subject to and guided by the guidance of the Conference of the Parties serving as the meeting of the Parties to this Protocol and shall be administered by the executive board of the clean development mechanism.
5. Emission reductions resulting from each project activity shall be certified by operating entities to be designated by the Conference of the Parties serving as the meeting of the Parties to this Protocol based on:
(a) Voluntary participation approved by each participating Party;
(b) Real, measurable, and long-term benefits related to climate change mitigation; and
(c) emission reductions additional to any reductions that would have occurred in the absence of a certified project activity.
6. The Clean Development Mechanism assists in arranging funding for certified project activities, as needed.
7. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, elaborate modalities and procedures with the objective of ensuring transparency, efficiency and accountability through independent auditing and verification of project activities.
8. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall ensure that a share of the proceeds from certified project activities is used to cover administrative expenses as well as to assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation.
9. Private and/or public entities may participate in the clean development mechanism, including in the activities referred to in paragraph 3a above and in the acquisition of certified emission reductions, and such participation shall be subject to any guidance that the executive board of the clean development mechanism may provide.
10. Certified emission reductions achieved between the year 2000 and the beginning of the first commitment period may be used to assist in ensuring compliance in the first commitment period.
Article 13
1. The Conference of the Parties, the supreme body of the Convention, shall act as the meeting of the Parties to this Protocol.
2. 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 serves as the meeting of the Parties to this Protocol, decisions under this Protocol shall be taken only by the Parties to this Protocol.
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, shall be replaced by an additional member to be elected by and from amongst the Parties to this Protocol.
4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall keep under regular review the implementation of this Protocol and shall make, within its mandate, the decisions necessary to promote its effective implementation. It shall perform the functions assigned to it under this Protocol and shall:
(a) Assess, on the basis of all information submitted to it in accordance with the provisions of this Protocol, the implementation of this Protocol by the Parties, the overall effect of the measures taken pursuant to this Protocol, in particular the environmental, economic and social effects, as well as their cumulative impact and the degree of progress towards the objective of the Convention;
(b) Periodically examine the obligations of the Parties under this Protocol, giving due consideration to any reviews required by article 4, paragraph 2 (d) and article 7, paragraph 2, of the Convention, in the light of 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 capabilities of the Parties and their respective obligations under this Protocol
(d) Facilitate, at the request of two or more Parties, the coordination of measures taken by them to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of 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 by the Conference of the Parties to the Convention, the development and periodic refinement of comparable methodologies for the effective implementation of this Protocol, to be agreed upon 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 Article 11, paragraph 2;
(h) Establish such subsidiary bodies as are deemed necessary for the implementation of this Protocol;
(i) Request and make use of, when necessary, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and non-governmental bodies; and
(j) Exercise such other functions as may be required for the implementation of this Protocol and consider any tasks resulting from a decision by the Conference of the Parties.
5. The rules of procedure of the Conference of the Parties and financial procedures applied under the Convention shall be applied mutatis mutandis to this Protocol, except as may be otherwise decided by consensus by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
6. 6. The first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be convened by the secretariat in conjunction with the first session of the Conference of the Parties that is scheduled after the date of the entry into force of this Protocol. Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held annually and in conjunction with ordinary sessions of the Conference of the Parties, unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
7. Extraordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held at such other times as may be deemed necessary by the Conference of the Parties serving as the meeting of the Parties to this Protocol, or at the written request of any Party, provided that, within six months of the request being communicated to the Parties by the secretariat, it is supported by at least one third of the Parties.
8. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State member thereof or observers thereto not party to the Convention, may be represented at sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol as observers. Any body or agency, whether national or international, governmental or non-governmental, which is qualified in matters within the scope of this Protocol and which has informed the secretariat of its wish to be represented at a session of the Conference of the Parties serving as the meeting of the Parties to this Protocol, as an observer, may be admitted unless at least one third of the Parties present object. The admission and participation of observers shall be subject to the rules of procedure as provided for in paragraph 5 above.
Article 14
1. The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Protocol.
2. Article 8, paragraph 2, of the Convention on the functions of the Secretariat, and Article 8, paragraph 3, of the Convention on arrangements made for the functioning of the Secretariat, shall apply mutatis mutandis to this Protocol. The secretariat shall also perform the functions assigned to it under this Protocol.
Article 15
1. The Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation, established pursuant to Articles 9 and 10 of the Convention, shall operate as the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Protocol, respectively. The provisions relating to the functioning of these two bodies under the Convention shall apply mutatis mutandis to this Protocol. Sessions of the meetings of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Protocol shall be held in conjunction with the meetings of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of the Convention, respectively.
2. Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the subsidiary bodies. When the subsidiary bodies serve as the subsidiary bodies of this Protocol, decisions under this Protocol shall be taken only by those which are Parties to this Protocol.
3. When subsidiary bodies established under Articles 9 and 10 of the Convention exercise their functions with respect to matters related to this Protocol, any member of the bureau of such subsidiary bodies representing a Party to the Convention but, at that time, not a Party to this Protocol, shall be replaced by an additional member to be elected by and from among the Parties to this Protocol.
Article 16
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, as soon as practicable, consider the application to this Protocol of the multilateral consultative process referred to in Article 13 of the Convention, and modify that process as appropriate, in the light of any relevant decisions that the Conference of the Parties may take. Any multilateral consultative process that may be applied to this Protocol shall operate without prejudice to the procedures and mechanisms established in accordance with Article 18.
Article 17
The Conference of the Parties shall define the relevant principles, modalities, rules and guidelines, in particular for verification, reporting and accounting of emissions trading. The Parties included in Annex B may participate in emissions trading for the purposes of
fulfilling their commitments under Article 3. Any such trading shall be supplemental to domestic actions for the purpose of meeting quantified emission limitation and reduction commitments under this Article.
Article 18
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall at its first session adopt appropriate and effective procedures and mechanisms to determine non-compliance with the provisions of this Protocol and to respond to such non-compliance, including through the development of an indicative list of consequences, taking into account the cause, type, degree and frequency of non-compliance. Any procedures and mechanisms under this Article entailing binding consequences shall be adopted
by means of an amendment to this Protocol.
Article 19
The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Protocol.
Article 20
(1) Any Party may propose amendments to this Protocol.
2. 2. Amendments to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The text of any proposed amendment to this Protocol shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate the text of any proposed amendments to the Parties and signatories to the Convention and, for information, to the Depositary.
3. The Parties shall make every effort to reach agreement on any proposed amendment to this Protocol by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting. The text of the amendment as adopted shall be communicated by the Secretariat to the Depositary, who shall communicate it to all Parties for acceptance.
4. Instruments of acceptance in respect of the amendment shall be deposited with the Depositary. An amendment adopted in accordance with paragraph 3 above shall enter into force for those Parties having accepted it on the ninetieth day after the date of receipt by the Depositary of an instrument of acceptance by at least three fourths of the Parties to this Protocol.
5. The amendment shall enter into force for any other Party
on the ninetieth day after the date on which that Party deposits with the Depositary its instrument of acceptance of the said amendment.
Article 21
1. Annexes to this Protocol shall form an integral part thereof and, unless expressly provided otherwise, a reference to this Protocol constitutes at the same time a reference to any annexes thereto. Any annexes adopted after the entry into force of this Protocol shall be restricted to lists, forms or any other material of a descriptive nature that is of a scientific, technical, procedural or administrative character.
2 Any Party may make proposals for an annex to this Protocol and may propose amendments to annexes to this Protocol.
3. Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The text of any proposed annex or amendment to an annex shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate the text of any proposed annex or amendment to an annex to the Parties and signatories to the Convention and, for information, to the Depositary.
4. The Parties shall make every effort to reach agreement on any proposed annex or amendment to an annex by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the annex or amendment to an annex shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting. The adopted annex or amendment to an annex shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties for their acceptance.
5. An annex or amendment to an annex other than Annex A and B that has been adopted in accordance with paragraphs 3 and 4 above shall enter into force for all Parties to this Protocol six months after the date of the communication by the Depositary to such Parties of the adoption of the annex or amendment to the annex, except for those Parties that have notified the Depositary in writing within that period of their nonacceptance of the annex or amendment to the annex. The annex or amendment to an annex shall enter into force for Parties which withdraw their notification of non-acceptance on the ninetieth day after the date of receipt by the Depositary of the communication of withdrawal of such notification.
6. If the adoption of an annex or an amendment to an annex is related to an amendment to this Protocol, the annex or amendment to an annex shall not enter into force until such time as the amendment to this Protocol enters into force.
7. Amendments to Annexes A and B to this Protocol shall be adopted and enter into force in accordance with the procedure set out in Article 20, provided that any amendment to Annex B shall be adopted only with the written consent of the Party concerned.
Article 22
1. Except as provided for in paragraph 2 below, each Party shall have one vote.
2. Regional economic integration organizations, with a number of votes equal to the number of their member States which are Parties to this Protocol, shall participate in the voting on matters within their competence. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.
Article 23
The Secretary-General of the United Nations shall be the Depositary of this Protocol.
Article 24
1. This Protocol shall be open for signature and subject to ratification, acceptance or approval by States and by regional economic integration organizations that are Parties to the Convention. It shall be open for signature at United Nations Headquarters in New York from 16 March 1998 to 15 March 1999. This Protocol shall be open for accession from the day after the date on which it is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary. 2.
(2) Any regional economic integration organization which becomes a Party to this Protocol without any of its member States being a Party shall have all the obligations under this Protocol. In the case of such organizations, one or more of whose member States is a Party to this Protocol, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Protocol. In such cases, the organization and its member States shall not be entitled to exercise rights under this Protocol concurrently.
3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Protocol. These organizations shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of their competence.
Article 25
1. This Protocol shall enter into force on the ninetieth day after the date on which at least 55 Parties to the Convention, including Parties included in Annex I which accounted in aggregate for at least 55 per cent of the total carbon dioxide emissions of Annex I Parties for 1990, have deposited their instruments of ratification, acceptance, approval or accession.
2. For the purposes of this Article, «total carbon dioxide emissions of Annex I Parties for 1990» means the amount that Parties included in Annex I have declared on or before the date of adoption of this Protocol in their first national communications submitted under Article 12 of the Convention.
3. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the conditions for its entry into force under paragraph 1 above have been fulfilled, this Protocol shall enter into force on the ninetieth day after the date of deposit of its instrument of ratification, acceptance, approval or accession.
4. For the purposes of this article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States members of the organization.
Article 26
Reservations to this Protocol shall not be permitted.
Article 27
1. At any time after three years from the date on which this Protocol has entered into force for a Party, that Party may withdraw from the Protocol by giving written notification to the Depositary.
(2) Any such withdrawal shall take effect one year after the date of receipt by the Depositary of the notice of withdrawal or on such later date as may be specified in the notice of withdrawal.
(3) Any Party that withdraws from the Convention shall be considered as also having withdrawn from this Protocol.
Article 28
1. 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 in the year one thousand nine hundred and ninety-seven.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed the present Protocol on the above-stated dates.
Appendix A
Greenhouse gases
Carbon dioxide (CO2)
Methane (CH4)
Nitrous oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulphur hexafluoride (SF6)
Sectors/Source and sink categories
Energy
Fuel combustion
Energy industry
Manufacturing industry and construction
Transport
Other Sectors
Other
Mining and transportation leaks
Solid fuels
Crude oil and natural gas
Other
Industrial Processes
Mining Products
Chemical
Metallurgy
Other industries
Production of halogenated carbon compounds and sulfur hexafluoride
Consumption of halogenated carbon compounds and sulfur hexafluoride
Other
Solvent and other product uses
Agriculture
Intestinal fermentation
Manure Management
Rice Production
Farmland
Managed savanna burning
Burning of agricultural waste in the fields
Other
Waste
Solid Waste Disposal
Waste Water Treatment
Waste incineration
Appendix B
Quantified emission limitation or reduction commitment
(percentage of base year or period)
| Australia | 108 |
| Austria | 108 |
| Belgium | 29 |
| Bulgaria* | 29 |
| Hungary* | 49 |
| Germany | 29 |
| Greece* | 29 |
| Denmark | 29 |
| European | 29 |
| Ireland | 29 |
| Iceland | 29 |
| Spain | 29 |
| Italy | 29 |
| Canada | 49 |
| Latvia* | 29 |
| Lithuania* | 29 |
| Liechtenstein* | 29 |
| Luxembourg* | 29 |
| Monaco | 29 |
| Netherlands* | 29 |
| New Zealand | 100 |
| Norway | 101 |
| Poland* | 49 |
| Portugal | 29 |
| Russia | 100 |
| Romania* | 29 |
| Slovakia* | 29 |
| Slovenia* | 29 |
| Britain | 29 |
| United States | 39 |
| Ukraine* | 100 |
| Finland* | 29 |
| France* | 29 |
| Croatia* | 59 |
| Czech | 29 |
| Switzerland | 29 |
| Sweden* | 29 |
| Estonia* | 29 |
| Japan | 49 |