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Law Approving The Kyoto Protocol To The Framework Convention Of The United Nations On Climate Change, And Annexes A And B, Made At Kyoto On 11 December 1997 (1) (2).

Original Language Title: Loi portant assentiment au Protocole de Kyoto à la Convention-cadre des Nations Unies sur les changements climatiques, et les Annexes A et B, faits à Kyoto le 11 décembre 1997 (1) (2)

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26 SEPTEMBER 2001. - An Act to Accredit the Kyoto Protocol to the United Nations Framework Convention on Climate Change and Annexes A and B, made in Kyoto on 11 December 1997 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Kyoto Protocol to the United Nations Framework Convention on Climate Change, and Annexes A and B, made in Kyoto on 11 December 1997, will emerge their full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 September 2001.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Mobility and Transport,
Ms. I. DURANT
Minister of the Environment,
Ms. M. AELVOET
State Secretary for Energy and Sustainable Development,
O. DELEUZE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2000-2001.
Senate.
Documents. - Bill tabled on 6 June 2001, No. 2-775/1. - Report made on behalf of the commission, No. 2-775/2.
Annales parliamentarians. - Discussion, meeting of June 21, 2001. - Vote, meeting of 21 June 2001.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 50-1315/1. - Report, no. 50-1315/2. - Text adopted in plenary and subject to Royal Assent, No. 50-1315/3.
Annales parliamentarians. - Discussion, meeting of 12 July 2001. - Voting, meeting of 12 July 2001.
(2) See also the Decree of the Flemish Community/ Flemish Region of 22 February 2002 (Belgian Monitor of 23 March 2002), the Decree of the Walloon Region of 21 March 2002 (Belgian Monitor of 3 April 2002), the Order of the Brussels-Capital Region of 19 July 2001 (Belgian Monitor of 9 November 2001).

KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATIC CHANGES
THE PARTIES TO THE PROTOCOL,
Parties to the United Nations Framework Convention on Climate Change (hereinafter referred to as the "Convention")
Wishing to achieve the ultimate objective of the Convention as set out in Article 2 of the Convention,
Recalling the provisions of the Convention,
Guided by Article 3 of the Convention,
Acting in accordance with the Berlin Mandate adopted by the Conference of the Parties to the Convention at its first session in decision 1/CP.1,
The following agreed:
Article 1er
For the purposes of this Protocol, the definitions set out 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 9 May 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 1987 Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on September 16, 1987, as amended and subsequently amended.
5. Parties present and voting shall mean Parties present that express an affirmative or negative vote.
6. "Party" means, unless the context otherwise indicates, a Party to this Protocol.
7. "Party included in Annex I" means any Party included in Annex I to the Convention, taking into account any modifications that may be made to that Annex, or any Party that has made a notification in accordance with Article 4, paragraph 2 (g), of the Convention.
Article 2
1. Each of the Parties included in Annex I, to fulfill its quantified limitation and reduction commitments under Article 3 in order to promote sustainable development:
(a) Applys and/or further develops policies and measures, depending on its national situation, for example:
(i) Increased energy efficiency in the relevant sectors of the national economy;
(ii) Protection and strengthening of sinks and greenhouse gas tanks not regulated by the Montreal Protocol, taking into account its commitments under relevant international environmental agreements; promoting sustainable forest management, afforestation and reforestation methods;
(iii) Promoting sustainable forms of agriculture taking into account climate change considerations;
(iv) Research, promotion, development and increased use of renewable energy sources, carbon dioxide capture technologies and environmentally sound and innovative technologies;
(v) Progressive reduction or phasing out of market imperfections, tax incentives, tax and rights exemptions and subsidies that go counter to the Convention's objective in all sectors emiting greenhouse gases and applying market instruments;
(vi) Encourage 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) Cooperates with other Parties to enhance the individual and overall effectiveness of the policies and measures adopted under this Article, in accordance with subparagraph (i) of Article 4, paragraph 2 (e), of the Convention. To this end, these Parties shall make arrangements to share their experiences and to exchange information on these policies and measures, including by developing ways to improve their comparability, transparency and effectiveness. At its first session or as soon as it can thereafter, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall consider ways and means of facilitating such cooperation taking into account all relevant information.
2. Annex I Parties seek to limit or reduce emissions of greenhouse gases that are not regulated by the Montreal Protocol from bunker fuels used in air and marine transport, through the International Civil Aviation Organization and the International Maritime Organization, respectively.
3. Annex I Parties shall endeavour to implement the policies and measures set out in this Article in order to minimize the negative effects, including the adverse effects of climate change, the impact on international trade and the social, environmental and economic consequences for other Parties, especially developing country Parties and in particular those designated 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 other measures 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 impacts, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall consider modalities for coordinating these policies and measures.
Article 3
1. Annex I Parties shall ensure, individually or jointly, that their aggregate anthropogenic emissions, expressed as carbon dioxide equivalent, of the greenhouse gases listed in the Annex A does not exceed the amounts assigned to them, calculated on the basis of their quantified emission limitation and reduction commitments set out in Annex B and in accordance with the provisions of this Article, with a view to reducing the total emissions of these gases by at least 5% from the 1990 level during the commitment period from 2008 to 2012.
2. Each Party included in Annex I shall have made progress in 2005, in fulfilling its commitments under this Protocol.
3. Net changes in greenhouse gas emissions by sources and removal by sinks resulting from human activities directly related to land-use change and forestry and limited to afforestation, reforestation and deforestation since 1990, variations that correspond to verifiable changes in carbon stocks during each commitment period, are used by Annex I Parties to fulfill their commitments under this Article. Greenhouse gas emissions by sources and sink absorption associated with these activities are reported in a transparent and verifiable manner and reviewed in accordance with Articles 7 and 8.
4. Before the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol, each of the Parties included in Annex I shall provide the Subsidiary Body for Scientific and Technological Advice, for consideration, data to determine the level of its carbon stocks in 1990 and to estimate the variations in its carbon stocks in 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 determine the modalities, rules and guidelines for determining which additional anthropogenic activities related to changes in emissions by sources and the absorption by sinks of greenhouse gases in the categories constituted by agricultural lands and the change in the allocation of land and forest This decision applies 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 determined in accordance with Decision 9/CP.2, adopted by the Conference of the Parties at its second session, fulfil their commitments under this Article on the basis of the reference year or period. Any other Party included in Annex I that is in transition to a market economy and that 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 of its intention to retain a year or period of historical reference other than 1990 to fulfil its commitments under this Article. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall take action on the acceptance of this notification.
6. In light of Article 4, paragraph 6, of the Convention, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall grant Parties included in Annex I that are in transition to a market economy some 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 assigned to each of the Parties included in Annex I is equal to the percentage, recorded for it in Appendix B, of its aggregate anthropogenic emissions, expressed as carbon dioxide equivalent, of the greenhouse gases specified in Annex A in 1990, or multiplied in the year or year set Parties included in Annex I for which the change in land allocation and forestry constituted in 1990 a net source of greenhouse gas emissions take into account in their emissions corresponding to the year or period of reference, for the purpose of calculating the amount attributed to them, anthropogenic emissions aggregated by sources, expressed as carbon dioxide equivalent, deducted from the quantities absorbed by sinks
8. Any Party included in Annex I may select 1995 as a reference year for the calculation referred to in paragraph 7 above for hydrofluorocarbons, perfluorinated hydrocarbons and sulphur hexafluoride.
9. For Annex I Parties, the commitments for the following periods are defined in amendments to Annex B to this Protocol which are adopted in accordance with the provisions of paragraph 7 of Article 21. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall commence consideration 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 portion 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 amount assigned to the Party that proceeds to the acquisition.
11. Any emission reduction unit, or any fraction of an assigned amount, that a Party assigns to another Party in accordance with the provisions of Articles 6 or 17 is exempt from the assigned amount to the Party that proceeds to the assignment.
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 assigned to the Party conducting the acquisition.
13. If the emissions of a Party included in Annex I during a commitment period are less than the amount assigned to it under this Article, the difference shall, at the request of that Party, be added to the amount allocated to it for the following commitment periods.
14. Each Party included in Annex I shall endeavour to fulfil the commitments referred to in paragraph 1 above in order to minimize the adverse social, environmental and economic consequences for developing country Parties, in particular those designated in Article 4, paragraphs 8 and 9, of the Convention. In line with the relevant decisions of the Conference of the Parties on 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 necessary measures to minimize the effects of climate change and/or the impact of response measures on the Parties mentioned in those paragraphs. Some of the issues to be considered include financing, insurance and technology transfer.
Article 4
1. All Annex I Parties that have agreed to jointly meet their commitments under Article 3 shall be deemed to have fulfilled these commitments provided that the cumulative total of their aggregate anthropogenic emissions, expressed as carbon dioxide equivalent, of the greenhouse gases listed in the Annex A does not exceed the amounts assigned to them, calculated on the basis of their quantified emission limitation and reduction commitments set out in Annex B and in accordance with the provisions of Article 3. The respective level of emissions assigned to each Party to the Agreement is indicated in the Agreement.
2. Parties to any such agreement shall notify the secretariat of the terms of the Agreement on the date of the deposit of their instruments of ratification, acceptance or approval of or accession to this Protocol. The secretariat shall in turn inform Parties to the Convention and 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 Parties acting jointly do so within the framework of a regional economic integration organization and in consultation with it, any change in the composition of that organization occurring after the adoption of this Protocol does not affect the commitments made in this Protocol. Any modification of the organization's composition shall be taken into consideration only for the purposes of the commitments set out in Article 3 that are adopted after this amendment.
5. If the Parties to an agreement of this type fail to reach the cumulative total planned for them with respect to emission reductions, each Party shall be 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 that is itself a Party to and in consultation with this Protocol, each Member State of that regional economic integration organization, individually and jointly with the regional economic integration organization acting in accordance with Article 24, shall be responsible for the level of its emissions as notified under this Article in the event that the total aggregated emission reductions may not be achieved.
Article 5
1. Each of the Annex I Parties shall, no later than one year before the commencement of the first commitment period, establish a national system to estimate anthropogenic emissions by sources and sink absorption 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, establish the framework for these national systems, in which the methodologies specified in paragraph 2 below will be mentioned.
2. 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 in accordance with the methodologies agreed by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session. Based, inter alia, on the work of the Intergovernmental Panel on Climate Change and on 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 regularly review and, where appropriate, revise these methodologies and adjustments, taking fully into account any relevant decisions of the Conference of the Parties. Any revision of the methodologies or adjustments shall be used only to verify compliance with the commitments provided for in Article 3 for any period of engagement after the revision.
3. The global warming potentials used to calculate the carbon dioxide equivalent of anthropogenic emissions by sources and the absorption by sinks of greenhouse gases listed in the Annex A are those approved by the Intergovernmental Panel on Climate Change and approved by the Conference of the Parties at its third session. Based, inter alia, on the work of the Intergovernmental Panel on Climate Change and on 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 regularly review and, where appropriate, revise the global warming potential for 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 applies only to the commitments under section 3 for any period of commitment after this revision.
Article 6
1. In order to fulfil its commitments under Article 3, any Party included in Annex I may assign to any other Party with the same status or acquire from it emission reduction units arising from projects to reduce anthropogenic emissions by sources or to strengthen anthropogenic removals by sinks of greenhouse gases in any sector of the economy, provided that:
(a) any such project shall be accredited by the Parties concerned;
(b) Any such project allows for a reduction in emissions by sources, or a strengthening of removals by sinks, in addition to those that might otherwise be obtained;
(c) The Party concerned shall not acquire any emission reduction unit if it does not comply with its obligations under Articles 5 and 7;
(d) The acquisition of emission reduction units complements the measures taken at the national level with the aim of fulfilling the commitments under Article 3.
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 possible after it, further develop guidelines for the implementation of this Article, including with regard to verification and reporting.
3. A Party included in Annex I may authorize legal persons to participate, under its responsibility, in measures resulting in the production, assignment or acquisition of emission reduction units under this Article.
4. If an issue relating to the application of the requirements referred to in this Article is raised in accordance with the relevant provisions of Article 8, the assignments and acquisitions of emission reduction units may continue after the issue has been raised, provided that no Party may use these units to fulfil its obligations under Article 3 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 the 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 that is necessary to ensure that the provisions of Article 3 are complied with and are to be determined in accordance with paragraph 4 below.
2. Each of the Parties included in Annex I shall include in the national communication it shall establish in accordance with Article 12 of the Convention the additional information necessary to demonstrate that it fulfils its commitments under this Protocol, and that it shall be determined in accordance with paragraph 4 below.
3. Each Party included in Annex I shall submit the information required under paragraph 1 above each year, beginning with the first inventory required under the Convention for the first year of the commitment period following the entry into force of this Protocol for that Party. Each Party shall provide the information required under paragraph 2 above in the context 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 the present Protocol shall decide on the periodicity that the information required under this Article shall be submitted thereafter, taking into account any timetable that may be decided by the Conference of the Parties for the submission of 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 shall then periodically review guidelines for the preparation of the information required under this Article, taking into account the guidelines for the preparation of national communications from Parties included in Annex I adopted by the Conference of the Parties. In addition, prior to the commencement of the first commitment period, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall determine the accounting for assigned amounts.
Article 8
1. The information provided pursuant to Article 7 by each of the Parties included in Annex I shall be reviewed by expert teams following the relevant decisions of the Conference of the Parties and in accordance with the guidelines adopted under paragraph 4 below by the Conference of the Parties serving as the meeting of the Parties to this Protocol. The information provided under paragraph 1 of Article 7 by each of the Parties included in Annex I shall be reviewed as part of the annual compilation of emission and assigned amounts and associated accounting. In addition, the information provided under paragraph 2 of Article 7 by each of the Parties included in Annex I is considered as part of the communications review.
2. The review teams shall be coordinated by the secretariat and composed of experts selected from among those designated by the Parties to the Convention and, where appropriate, by intergovernmental organizations, in accordance with the guidance provided by the Conference of the Parties.
3. The review process allows for a comprehensive and detailed technical assessment of all aspects of the implementation of this Protocol by a Party. The review teams shall prepare, for the Conference of the Parties serving as the meeting of the Parties to this Protocol, a report in which they assess the Party ' s compliance with its commitments and indicate any problems encountered in meeting these commitments and factors affecting their implementation. The secretariat shall communicate this report to all Parties to the Convention. In addition, the secretariat draws up a list of implementation issues that may be mentioned in this report with a view to submitting them 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 shall periodically review the guidelines for the review of the implementation of this Protocol by the expert 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 the Subsidiary Body for Scientific and Technological Advice, as appropriate:
(a) The information provided by the Parties pursuant to Article 7 and the reports on the examination of such information by experts pursuant to this Article;
(b) Implementation issues identified by the secretariat in accordance with paragraph 3 above and any issues raised by the Parties.
6. Following 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, make the necessary decisions 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 the Protocol in the light of the safest scientific data and assessments on climate change and their impact and relevant technical, social and economic data. These reviews are coordinated with the relevant reviews provided for in the Convention, in particular those required 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 takes place at the second session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. Further reviews are conducted on a regular and ad hoc 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 circumstances, without providing for new commitments to Parties not included in Annex I but by reaffirming those already set out in Article 4, paragraph 1, of the Convention and by continuing to make progress in fulfilling these commitments in order to achieve sustainable development, taking into account paragraphs 3,
(a) Develop, where appropriate and to the extent possible, national programmes and, where appropriate, regional, efficient relative to their cost to improve the quality of emission factors, data on local activities and/or 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 sources
(b) Develop, implement, publish and regularly update national programmes and, where appropriate, regional programmes containing measures to mitigate climate change and measures to facilitate appropriate adaptation to climate change;
(i) These programs should include energy, transport and industry sectors, as well as agriculture, forestry and waste management. In addition, adaptation technologies and methods to improve spatial planning would better adapt to climate change;
(ii) Parties included in Annex I shall provide information on measures taken under this Protocol, including national programmes, in accordance with Article 7; As to other Parties, they are working to include in their national communications, where appropriate, information on programmes containing measures that, in their view, help to address climate change and its adverse effects, including measures to reduce the increase in greenhouse gas emissions and to increase sink absorption, capacity-building measures and adaptation measures;
(c) Cooperate in order to promote effective modalities for the development, application and dissemination of environmentally sound technologies, know-how, practices and processes of relevance to climate change, and take all possible measures to promote, facilitate and finance, as appropriate, access to these resources or their transfer, in particular for the benefit of developing countries, including through the development of policies and programmes to ensure the effective transfer of
(d) Cooperate in technical and scientific research and encourage the operation and development of systematic observation systems and the development of data archives to reduce the uncertainties of the climate system, the adverse effects of climate change and the economic and social consequences of the various response strategies, and to promote the development and strengthening of endogenous capacities and means of participation in international and intergovernmental efforts, programmes and networks regarding research and
(e) Support by their cooperation and encourage at the international level, using, where appropriate, existing agencies, the development and implementation of education and training programmes, including the strengthening of national capacities, in particular on the human and institutional level, and the exchange or detachment of personnel responsible for the training of experts in this field, especially for developing countries, and facilitate national awareness and awareness of climate change Appropriate modalities should be developed to ensure that these activities are 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 programmes and activities undertaken pursuant to this article in accordance with the relevant decisions of the Conference of the Parties;
(g) duly take into account, in the fulfilment of the commitments provided for in this Article, paragraph 8 of Article 4 of the Convention.
Article 11
1. To apply Article 10, Parties shall take into account the provisions of Article 4, paragraphs 4, 5, 7, 8 and 9 of the Convention.
2. As part of the application 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 responsible for the operation of the financial mechanism of the Convention, developed country Parties and other developed Parties included in Annex II to the Convention:
(a) Provide new and additional financial resources to cover all agreed costs incurred by developing countries to advance in the implementation of commitments already set out in Article 4, paragraph 1 (a), of the Convention and referred to in Article 10, paragraph (a), of this Protocol;
(b) Also provide developing country Parties, including for technology transfer purposes, with the financial resources they need to cover all of the additional costs agreed upon to advance the implementation of commitments already set out in Article 4, paragraph 1, of the Convention and referred to in Article 10 of this Protocol, on which a developing country Party will have agreed with the entity or international entities referred to in Article 11 of the Convention, in accordance with Article 11.
The implementation of these commitments takes into account the need for adequate and predictable funding, as well as the importance of appropriate burden-sharing among developed country Parties. Guidance to the entity or entities responsible for the operation of the financial mechanism of the Convention in the 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 in Annex II to the Convention may also provide, and developing country Parties may obtain, financial resources for the purposes of Article 10 of this Protocol bilaterally, regionally or multilaterally.
Article 12
1. It is established a mechanism for "clean" development.
2. The purpose 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 fulfilling their quantified emission limitation and reduction commitments under Article 3.
3. Under the clean development mechanism:
(a) Parties not listed in Appendix I are provided with project-based activities that result in certified emission reductions;
(b) Annex I Parties may use certified emission reductions obtained through these activities to fulfill part of their quantified emission limitation and reduction commitments under Article 3 in accordance with the determination of 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 supervised by an executive board of the "clean" development mechanism.
5. The emission reductions resulting from each activity are certified by operational entities designated by the Conference of the Parties serving as the meeting of the Parties to this Protocol, based on the following criteria:
(a) Voluntary participation approved by each Party concerned;
(b) Real, measurable and sustainable benefits associated with climate change mitigation;
(c) Discounts in addition to those that would take place in the absence of certified activity.
6. The clean development mechanism helps to organize the financing of certified activities, as required.
7. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, develop modalities and procedures for ensuring 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 share of the funds from certified activities is used to cover administrative expenditures and to assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to finance the cost of adaptation.
9. may participate in the clean development mechanism, including the activities referred to in paragraph 3 (a) above and the acquisition of certified emission reduction units, both public and private entities; participation is subject to the guidelines that may be provided by the executive board of the mechanism.
10. The certified emission reductions obtained between the year 2000 and the beginning of the first commitment period can be used to help meet the 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 that are not Parties to this Protocol may participate as observers in 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, the decisions taken under this Protocol shall be taken only by the Parties to that Protocol.
3. When the Conference of the Parties acts as a meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a Party to the Convention who, at that time, is not a Party to this Protocol shall be replaced by a new member elected by and 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 the Protocol and shall, within its mandate, make the necessary decisions to promote its effective implementation. It shall perform the functions conferred upon it by this Protocol and:
(a) It assesses, on the basis of all information provided to it in accordance with the provisions of this Protocol, the implementation of this Protocol by Parties, the overall impact of the measures taken pursuant to this Protocol, 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 the Parties under this Protocol, taking duly into account any review referred to in Article 4, paragraph 2 (d), and Article 7, paragraph 2, of the Convention and taking into account the objective of the Convention, the experience gained in its application and the evolution of scientific and technological knowledge and, in this regard, consider and adopt periodic reports on the implementation of this Protocol;
(c) It encourages and facilitates the exchange of information on measures adopted by Parties to address climate change and its effects, taking into account the diversity of situations, responsibilities and means of Parties and their respective commitments under this Protocol;
(d) It facilitates, at the request of two or more Parties, the coordination of measures they have taken to address climate change and its effects, taking into account the diversity of situations, responsibilities and means of the Parties and 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 fully into account the relevant decisions of the Conference of the Parties, the development and periodic development of comparable methodologies to enable the effective implementation of this Protocol, to be decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol;
(f) It makes recommendations on any issues necessary for the implementation of this Protocol;
(g) It endeavours to mobilize additional financial resources in accordance with Article 11(2);
(h) It shall establish subsidiary bodies deemed necessary for the implementation of this Protocol;
(i) Where appropriate, it seeks and uses the services and assistance of relevant international organizations and intergovernmental and non-governmental organizations, as well as the information it provides;
(j) It shall perform the other functions that may be necessary for the purpose of the implementation of this Protocol and shall consider any tasks arising out of 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. The subsequent regular sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol will be held annually and will coincide with the regular sessions of the Conference of the Parties, unless the Conference of the Parties serving as the meeting of the Parties to this Protocol decides otherwise.
7. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall hold special sessions at any other time when it considers it necessary or if a Party so requests in writing, provided that such request is supported by at least one third of the Parties within six months of its submission to the Parties by the secretariat.
8. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any Member State of any of these organizations or having observer status with any of them that is not a Party to the Convention, may be represented at the 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 areas covered by this Protocol and has communicated to the secretariat that it wishes to be represented as an observer at a session of the Conference of the 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 shall be governed by the rules of procedure referred to in paragraph 5 above.
Article 14
1. The secretariat established pursuant to Article 8 of the Convention shall serve as the secretariat of this Protocol.
2. Article 8, paragraph 2, of the Convention relating to the functions of the secretariat and Article 8, paragraph 3, concerning arrangements for its operation 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 serve, respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Protocol. The provisions of the Convention relating to the operation of these two bodies shall apply mutatis mutandis to this Protocol. The meetings of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Protocol coincide with those of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of the Convention.
2. Parties to the Convention that are not parties to this Protocol may participate as observers in any session of subsidiary bodies. When subsidiary bodies act as subsidiary bodies of this Protocol, decisions under this Protocol shall be taken only by those of the Parties to the Convention that are Parties to that Protocol.
3. When the subsidiary bodies established by articles 9 and 10 of the Convention perform their functions in an area under this Protocol, any member of their Bureau representing a Party to the Convention who at that time is not a Party to this Protocol shall be replaced by a new member elected by and among the Parties to the Protocol.
Article 16
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall consider, as soon as possible, the application to this Protocol of the multilateral consultative process referred to in Article 13 of the Convention and shall amend it, as appropriate, 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 in respect of, inter alia, verification, reporting and accountability for the exchange of emission rights. Annex B Parties may participate in exchanges of emission rights for the purpose of fulfilling their Article 3 commitments. Any such exchange shall complement the measures taken at the national level to fulfil the quantified emission limitation and reduction commitments set out in this article.
Article 18
At its first session, the Conference of the Parties serving as the meeting of the Parties to this Protocol approves appropriate and effective procedures and mechanisms to determine and consider cases of non-compliance with the provisions of this Protocol, including by drawing up an indicative list of consequences, taking into account the cause, type and degree of non-compliance and frequency of cases. If procedures and mechanisms under this Article result in consequences that bind Parties, they are 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 shall apply mutatis mutandis to this Protocol.
Rule 20
1. Any Party may propose amendments to this Protocol.
2. Amendments to this Protocol shall be adopted at a regular session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The text of any proposed amendments 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.
3. Parties shall make every effort to reach agreement by consensus on any proposal to amend this Protocol. If all efforts in this direction remain in vain and no agreement exists, the amendment shall be adopted as a last resort by a three-fourths majority vote of the Parties present and voting. The amendment adopted shall be communicated by the secretariat to the Depositary, which shall transmit it to all Parties for acceptance.
4. Instruments for 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 after the date of receipt by the Depositary of instruments of acceptance of at least three-quarters of the Parties to this Protocol.
5. The amendment shall enter into force with respect to any other Party on the ninetieth day after the date of the deposit by that Party with the Depositary of its instrument of acceptance of that amendment.
Article 21
1. The annexes to this Protocol shall be an integral part of the Protocol and, unless expressly provided otherwise, any reference to this Protocol shall at the same time be 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 a regular 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 to which the Annex or amendment is proposed for adoption. The secretariat shall also communicate the text of any proposal for an annex or amendment to an annex to the Convention and to the signatories of that instrument and, for information, to the Depositary.
4. Parties shall make every effort to reach agreement by consensus on any proposed schedule or amendment to an annex. If all efforts in this direction remain in vain and no agreement is reached, the annex or amendment to an annex shall be adopted as a last resort by a three-fourths majority vote of the Parties present and voting. The annex or amendment to an adopted annex shall be communicated by the secretariat to the Depositary, which shall transmit it to all Parties for acceptance.
5. Any Annex or amendment to an Annex, other than Annex A or B, which was adopted in accordance with paragraphs 3 and 4 above, shall enter into force for all Parties to this Protocol six months after the date on which the Depositary notified them of the adoption of the Annex, except for Parties that, in the interim, notified the Depositary in writing that they did not accept the Annex or amendment. With respect to Parties that withdraw their notification of non-acceptance, the schedule or amendment to an Annex comes into force on the ninetieth day after the date of receipt by the Depositary of notification of such withdrawal.
6. If the adoption of an annex or amendment to an annex requires an amendment to this Protocol, this annex or amendment to an annex shall come into force only when the amendment to the Protocol comes into force.
7. Amendments to Annexes A and B to this Protocol shall be adopted and come 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 areas 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 that are Parties to this Protocol. These organizations do not exercise their right to vote if any of their Member States exercises their own, and vice versa.
Article 23
The Secretary-General of the United Nations is the Depositary of this Protocol.
Article 24
1. This Protocol is open for signature and subject to ratification, acceptance or approval by States and regional economic integration organizations that are Parties to the Convention. It will be open for signature at United Nations Headquarters in New York from 16 March 1998 to 15 March 1999 and will be open for membership on the day after the day on which it will cease to be open for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
2. Any regional economic integration organization that becomes a Party to this Protocol without any of its member States being a Party shall be bound by all 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 agree on their respective responsibilities for the fulfilment of their obligations under this Protocol. In such cases, the organization and its member States are not entitled to exercise the rights under this Protocol concurrently.
3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations indicate the extent of their jurisdiction over matters governed by this Protocol. In addition, these organizations inform the Depositary, who in turn informs Parties of any significant changes in the scope of their jurisdiction.
Rule 25
1. This Protocol comes into force on the ninetieth day following the date of deposit of their instruments of ratification, acceptance, approval or accession by 55 Parties to the Convention at a minimum, including Annex I Parties whose total emissions of carbon dioxide in 1990 accounted for at least 55% of the total volume of carbon dioxide emissions from all Parties included in this Annex.
2. For the purposes of this Article, "the total volume of carbon dioxide emissions in 1990 from Annex I Parties" is the volume notified by Annex I Parties, on the date on which they adopt this Protocol or on a previous date, in their initial national communication under Article 12 of the Convention.
3. With respect to each Party or regional economic integration organization that ratifies, accepts or approves this Protocol or adheres to it once the requirements for the entry into force set out in paragraph 1 above have been met, this Protocol enters into force on the ninetieth day after the date of the deposit by that State or that 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 shall not be added to those deposited by the member States of that organization.
Rule 26
No reservation may be made to this Protocol.
Rule 27
1. Upon the expiration of a period of three years from the date of entry into force of this Protocol in respect of a Party, that Party may, at any time, denounce it by written notification to the Depositary.
2. This denunciation shall take effect upon the expiration of a period of one year from the date on which the Depositary receives notification or any subsequent date specified in that notification.
3. Any Party that denounces the Convention shall also denounce this Protocol.
Rule 28
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, is deposited with the Secretary-General of the United Nations.
Done in Kyoto on the 11th December nine hundred and ninety-seven.
IN WITNESS WHEREOF the undersigned, duly authorized to do so, have signed this Protocol on the dates indicated.

Annex A
SERRE GAS
Carbon dioxide (CO2)
Methane (CH4)
Nitrous oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorinated hydrocarbons (PFC)
Sulphur Hexafluoride (SF6)
SECTORS/LACEGORIES
Energy
Fuel combustion
Energy sector
Manufacturing and construction
Transport
Other sectors
Other
Fugitive fuel emissions
Solid fuels
Oil and natural gas
Other
Industrial processes
Mineral products
Chemical industry
Metal production
Other production
Production of halogenated hydrocarbons and sulphur hexafluoride
Consumption of halogenated hydrocarbons and sulphur hexafluoride
Other
Use of solvents and other products
Agriculture
Enteric fermentation
Manure management
Riziculture
Agricultural soils
Directed burning of savannah
Local agricultural waste incineration
Other
Waste
Solid waste disposal
Wastewater treatment
Waste incineration
Other

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

Kyoto Protocol to the United Nations Framework Convention on Climate Change,
and Annexes A and B, made in Kyoto on 11 December 1997
LIST OF LIES
For the consultation of the table, see image