Key Benefits:
DECREE NO. 5,445, OF May 12, 2005
Promuling the Kyoto Protocol to the United Nations Framework Convention on Change of Climate, open to signatures in the city of Kyoto, Japan, on December 11, 1997 on the occasion of the Third Conference of the Parties to the United Nations Framework Convention on Climate Change.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, inciso IV, of the Constitution, and
Considering that the National Congress has approved the text of the Protocol of Kyoto to the United Nations Framework Convention on Climate Change by means of Legislative Decree No. 144 of June 20, 2002;
Considering that the Brazilian Government ratified the cited Protocol on August 23, 2002;
Considering that the Protocol entered into international force on February 16, 2005;
DECRETA:
Art. 1º The Kyoto Protocol to the Framework Convention United Nations on Climate Change, of December 11, 1997, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.
Art. 2º They are subject to the approval of the National Congress any acts that may result in revision of the said Protocol or that carries charges or commitments to the national heritage, in the terms of art. 49, inciso I, of the Constitution.
Art. 3º This Decree comes into effect on the date of its publication.
Brasilia, May 12, 2005; 184º of Independence and 117º of the Republic.
LUIZ INÁCIO LULA DA SILVA
Samuel Pinheiro Guimaraes Neto
The Parties to this Protocol,
Being Parties to the United Nations Framework Convention on Climate Change, henceforth referred to as the "Convention",
Searching to achieve the final goal of the Convention as expressed in Article 2,
Remembrance of the provisions of the Convention,
Following the guidelines of Article 3 of the Convention,
In accordance with the Berlin Mandate adopted by the 1/CP.1 decision of the Conference of the Parties to the Convention in its first session,
Concame in the following:
ARTICLE 1
For the purposes of this Protocol, the definitions contained in Article 1 of the Convention apply. Additionally:
1. "Conference of the Parties" means the Conference of the Parties to the Convention.
2. "Convention" means the United Nations Framework Convention on Changing Climate, 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 Destrate the Ozone Layer, adopted in Montreal on September 16, 1987 and with the adjustments and amendments adopted thereafter.
5. "Parties present and voting" means the Parties present and that they emit affirmative or negative voting.
6. "Part" means a Party to this Protocol, unless otherwise indicated by the context.
7. "Part included in Annex I" means a Party included in Annex I to the Convention, with the amendments of which it may be the object, or a Party that has made a notification as provided for in Article 4, paragraph 2 (g), of the Convention.
ARTICLE 2
1. Each Party included in Annex I, by meeting its quantified commitments of limitation and reduction of emissions assumed under Article 3, in order to promote sustainable development, shall:
(a) Deploy and / or enhance policies and measures in accordance with their national circumstances, such as:
The increase in energy efficiency in relevant sectors of the national economy;
The protection and enhancement of sinks and reservoirs of greenhouse gases not controlled by the Montreal Protocol, taking into account its commitments made in relevant international agreements on the environment, the promotion of sustainable forest manhandling practices, flourishing and reforestation;
The promotion of sustainable forms of agriculture in the light of the climate change considerations;
The research, promotion, development and increased use of new and renewable forms of energy, of heat-trapping technologies of carbon and environmentally safe technologies, which are advanced and innovative;
The gradual reduction or elimination of market imperfections, tax incentives, tax and tariff exemptions and subsidies for all greenhouse gas emitting sectors that are contrary to the objective of the Convention and application of instruments of market;
The stimulus to appropriate reforms in relevant sectors, aiming at the promotion of policies and measures that limit or reduce greenhouse gas emissions not controlled by the Montreal Protocol;
Measures for limit and / or reduce the emissions of greenhouse gases not controlled by the Montreal Protocol in the transport sector;
The limitation and / or reduction of methane emissions through its recovery and use in the treatment of waste, as well as in the production, transport and distribution of energy;
(b) Cooperate with other Parties included in Annex I in increasing the individual and combined effectiveness of their policies and measures adopted under this Article, as per Article 4, paragraph 2 (e) (i), of the Convention. To this end, these Parties should adopt measures to share experiences and exchange information on such policies and measures, including by developing ways to improve their comparability, transparency and effectiveness. The Conference of the Parties in the quality of meeting of the Parties to this Protocol shall, in its first session or as soon as practicable from then on, consider ways to facilitate such cooperation, taking into account all relevant information.
2. Parties included in Annex I shall seek to limit or reduce greenhouse gas emissions not controlled by the Montreal Protocol originating in fuels from international air and maritime transport, leading the work by the International Civil Aviation Organization and the International Maritime Organization, respectively.
3. The Parties included in Annex I shall engage in implementing policies and measures referred to in this Article in such a way as to minimise adverse effects, including the adverse effects of climate change, the effects on international trade and the social, environmental and economic impacts on other Parties, especially the developing countries and 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 to the quality of meeting of the Parties to this Protocol may carry out additional actions, as the case may be, to promote the implementation of the provisions of this paragraph.
4. Should the Conference of the Parties in the quality of meeting of the Parties to this Protocol consider it to be fruitful to coordinate any of the policies and measures in paragraph 1 (a) above, taking into account the different national circumstances and the possible effects, it should consider modes and means of defining the coordination of such policies and measures.
ARTICLE 3
1. The Parties included in Annex I shall, individually or jointly, ensure that their aggregated anthropic emissions, expressed in equivalent carbon dioxide, of the greenhouse gases listed in Annex A do not exceed their assigned quantities, calculated in accordance with their quantified limitation and emission reduction commitments described in Annex B and in accordance with the provisions of this Article, with a view to reducing their total emissions of these gases by at least 5% below of the 1990 levels in the commitment period from 2008 a to 2012.
2. Each Party included in Annex I shall, by 2005, have carried out a proven progress to achieve the commitments made under this Protocol.
3. The net changes in emissions by sources and removals by greenhouse gas sinks resulting from direct, human-induced change in land use and forest activities, limited to afforestation, reforestation and deforestation since 1990, measures such as verifiable changes in carbon stocks in each commitment period, should be used to meet the commitments made under this Article by each Party included in Annex I. Emissions by fonts and removals by greenhouse gas sinks associated with these activities should be reported in a transparent and comprovable manner and revised in compliance with Articles 7 and 8.
4. Prior to the first session of the Conference of the Parties to the quality of meeting of the Parties to this Protocol, each Party included in Annex I shall submit to the consideration of the Subsidiary Organ of Scientific and Technological Assessments given for the establishment of its level of carbon stocks in 1990 and enable the estimation of its changes in carbon stocks in subsequent years. The Conference of the Parties in the quality of meeting of the Parties to this Protocol shall, in its first session or as soon as it is practicable from then, decide on the modalities, rules and guidelines on how and what the additional activities are human-induced related to changes in emissions by sources and removals by greenhouse gas sinks in the categories of agricultural soils and change in land use and forests, which should be added or subtracted from the amount assigned to the Parties included in Annex I, taking into account uncertainties, transparency in reporting, proving, the methodological work of the Intergovernmental Panel on Climate Change, the advisor provided by the Subsidiary Body of Scientific and Technological Assessments in accordance with Article 5 and the decisions of the Conference of the Parties. Such a decision will be applied from the second commitment period. The Party will be able to choose to apply this decision on the additional human-induced activities in its first commitment period, provided that these activities have performed from 1990.
5. The Parties in the process of transition to a market economy included in Annex I, whose base year or period has been established in accordance with the 9/CP.2 decision of the Conference of the Parties in its second session, shall use this year or period of basis for the implementation of its commitments under this Article. Any other Party in the process of transitioning to a market economy included in Annex I which has not yet submitted its first national communication, as per Article 12 of the Convention, may also notify the Conference of the Parties to the quality of meeting of the Parties to this Protocol of their intention to use a base historical year or period other than 1990 for the implementation of their commitments provided for in this Article. The Conference of the Parties in the quality of 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 the commitments made under this Protocol other than those of this Article, the Conference of the Parties to the quality of meeting of the Parties to this Protocol will grant a certain degree of flexibility to the Parties in the process of transition to a market economy included in Annex I.
7. In the first period of quantified limitation and emission reduction commitments, from 2008 a to 2012, the quantity allocated for each Part included in Annex I shall be equal to the percentage described in Annex B of their aggregate anthropic emissions, expressed in equivalent carbon dioxide, 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. The Parties included in Annex I for which the change in land use and forests constituted a net source of greenhouse gas emissions in 1990 are to make the record, in their year or period of 1990 emissions base, emissions anthropic aggregates by sources minus the anthropic removals by sinks in 1990, expressed in carbon dioxide equivalent, due to the change in land use, with the purpose of calculating its assigned quantity.
8. Any Party included in Annex I may use 1995 as the base year for the hydrofluorcarbons, perfluorcarbons and sulfur hexafluoride, in the realization of the calculations mentioned in paragraph 7 above.
9. The commitments of the Parties included in Annex I to the subsequent periods shall be set out 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 in the quality of meeting of the Parties to this Protocol shall initiate the consideration of such commitments at least seven years prior to the termination of the first commitment period to which paragraph 1 above.
10. Any emission reduction unit, or any part of an assigned quantity, that a Party acquies from another Party in accordance with the provisions of Article 6 or Article 17 shall be added to the quantity allocated to the Party acquirer.
11. Any emission reduction unit, or any part of an assigned quantity, that a Party transfers to another Party in accordance with the provisions of Article 6 or Article 17 shall be subtracted from the quantity assigned to the Party transferidora.
12. Any certified reduction of emissions that a Party acquips from another Party in accordance with the provisions of Article 12 shall be added to the quantity assigned to the acquiring Party.
13. If the emissions of a Party included in Annex I in a commitment period are less than its assigned quantity provided for in this Article, such a difference, upon request of that Party, shall be added to the quantity assigned to that Party for subsequent appointment periods.
14. Each Party included in Annex I shall engage to implement the commitments mentioned in paragraph 1 above in a manner that is minimized the adverse effects, both social and environmental and economic, on the Parties Parties to development, particularly those identified 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 those paragraphs, the Conference of the Parties to the quality of meeting of the Parties to this Protocol shall, in its first session, consider which actions are to be made necessary to minimise the adverse effects of changing climate and / or the impacts of response measures on the Parties mentioned in these paragraphs. Among the issues to be considered should be getting funds, insurance and technology transfer.
ARTICLE 4
1. Any Party included in Annex I that has agreed to jointly comply with its commitments made under Article 3 shall be deemed to have met those commitments if the combined total of its aggregate anthropic emissions, expressed in carbon dioxide equivalent, of the greenhouse gases listed in Annex A not to exceed their assigned quantities, calculated according to their quantified limitation and emission reduction commitments, described in Annex B, and in compliance with the provisions of Article 3. The respective level of issue determined for each of the Parties to the Agreement shall be specified therein.
2. The Parties to any such agreement shall notify the Secretariat of the terms of the agreement on the date of deposit of its instruments of ratification, acceptance, approval or accession to this Protocol. The Secretariat, in turn, shall inform the terms of the agreement to the Parties and to the signatories to the Convention.
3. Any of these agreements must remain in effect during the commitment period specified in Article 3, paragraph 7.
4. If the Parties jointly act so as they do so in the framework of a regional economic integration organization and together with it, any change in the organization's composition after the adoption of this Protocol should not affect existing commitments within the framework of this Protocol. Any change in the membership of the organization shall be valid only for the purposes of the commitments under Article 3 that are adopted in subsequent period of that amendment.
5. Should the Parties to these agreements not achieve their combined total level of emission reduction, each Party of these agreements shall be held to account for their own level of emissions determined in the agreement.
6. If the Parties jointly act so as to do so in the framework of a regional economic integration organization that is Party to this Protocol and together with it, each Member State of that regional organization of individual economic integration and jointly with the regional economic integration organization, acting in compliance with Article 24, in the event that the combined total level of emission reduction is not reached, it must hold itself accountable for its emissions level as notified under compliance with this Article.
ARTICLE 5
1. Each Party included in Annex I shall establish, within the maximum period of one year prior to the start of the first commitment period, a national system for the estimation of anthropic emissions by sources and antropic removals by sinks of all the greenhouse gases not controlled by the Montreal Protocol. The guidelines for such national systems, which shall incorporate the methodologies specified in paragraph 2 below, shall be decided by the Conference of the Parties in the quality of meeting of the Parties of this Protocol in its first session.
2. The methodologies for the estimation of anthropic emissions by sources and anthropic 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 in its third session. Where no such methodologies are used, appropriate adjustments shall be made in accordance with the methodologies agreed upon by the Conference of the Parties in the meeting quality of the Parties to this Protocol in its first session. On the basis of the work, inter alia, of the Intergovernmental Panel on Climate Change and the advisement provided by the Subsidiary Body of Scientific and Technological Advising, the Conference of the Parties to the quality of meeting of the Parties of this Protocol shall periodically review and, as the case may be, review such methodologies and adjustments, taking full account of any pertinent decision of the Conference of the Parties. Any review of the methodologies or adjustments shall be used solely for the purpose of ensuring compliance with the commitments set out in Article 3 with respect to any period of commitment adopted subsequent to that review.
3. The global warming potentials used to calculate the carbon dioxide equivalence of anthropic emissions by sources and antropic removals by sinks of the 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 in its third session. On the basis of the work, inter alia, of the Intergovernmental Panel on Climate Change and the advisement provided by the Subsidiary Body of Scientific and Technological Advising, the Conference of the Parties to the quality of meeting of the Parties of this Protocol should review periodically and, as the case may be, review the global warming potential of each of the greenhouse gases, taking full account of any pertinent decision of the Conference of the Parties. Any review of a global warming potential shall be applied only to the commitments made under Article 3 with respect to any period of commitment adopted subsequently to that review.
ARTICLE 6
1. In order to comply with the commitments made under Article 3, any Party included in Annex I may transfer to or acquire from any other of these parts emission-reducing units resulting from projects targeting reduction of emissions anthropic by sources or the increase of anthropic removals by greenhouse gas sinks in any sector of the economy, provided that:
(a) The project has the approval of the parties involved;
(b) The project promotes a reduction of emissions by sources or an increase in removals by sinks that are additional to those that would occur in their absence;
(c) The Party does not acquire any emission reduction units if it does not comply with its assumed obligations under the Articles 5 and 7; and
(d) The acquisition of emission reduction units is supplementary to domestic shares carried out with a view to meeting the commitments set out in Article 3.
2. The Conference of the Parties in the quality of meeting of the Parties to this Protocol may, in its first session or as soon as it is feasible from then, enhance guidelines for the implementation of this Article, including for verification and elaboration of reports.
3. A Party included in Annex I may authorize legal entities to participate, under their responsibility, of actions that promote the generation, transfer or acquisition, under this Article, of emission-reducing units.
4. If a question of implementation by a Party included in Annex I of the requirements mentioned in this paragraph is identified in accordance with the relevant provisions of Article 8, the transfers and purchases of emission reduction units may continue to be made after the matter has been identified, provided that any of these units are not used by the Party to meet its commitments made under Article 3 until any matter of compliance is resolved.
ARTICLE 7
1. Each Party included in Annex I shall incorporate to its annual inventory of anthropic emissions by sources and antropic removals by greenhouse gas sinks not controlled by the Montreal Protocol, submitted in accordance with the decisions pertinent to the Conference of the Parties, the supplementary information required for the purpose of ensuring compliance with Article 3, to be determined in accordance with paragraph 4 below.
2. Each Party included in Annex I shall incorporate to its national communication, submitted in accordance with Article 12 of the Convention, the supplementary information required to demonstrate compliance with the commitments made under this Protocol, to be determined in accordance with paragraph 4 below.
3. Each Party included in Annex I shall submit the information requested in paragraph 1 above annually, starting with the first inventory that is to be delivered, under the Convention, in the first year of the commitment period after the entry into force of this Protocol for that Party. Each of these Parties shall submit the information requested in paragraph 2 above as part of the first national communication that is to be delivered, under the Convention, after the entry into force of this Protocol to the Party and after the adoption of guidelines as set out in paragraph 4 below. The frequency of subsequent submissions of the information requested under this Article shall be determined by the Conference of the Parties in the quality of meeting of the Parties to this Protocol, taking into account any time frame for the submission of communications national as decided by the Conference of the Parties.
4. The Conference of the Parties in the quality of meeting of the Parties to this Protocol is to adopt in its first session, and periodically review from then, guidelines for the preparation of the information requested under this Article, taking into account the guidelines for the preparation of national communications of the Parties included in Annex I, adopted by the Conference of the Parties. The Conference of the Parties in the quality of meeting of the Parties to this Protocol shall also, prior to the first commitment period, decide on the modalities of accounting for the quantities assigned.
ARTICLE 8
1. The information submitted in accordance with Article 7 by each Party included in Annex I shall be reviewed by expert review teams in accordance with the relevant decisions of the Conference of the Parties and in line with the guidelines adopted with this purpose by the Conference of the Parties in the quality of meeting of the Parties to this Protocol, as per 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 for the emission inventories and the quantities assigned. Additionally, the information submitted in accordance with Article 7, paragraph 2, by each Party included in Annex I shall be reviewed as part of the review of communications.
2. The expert review teams must be coordinated by the Secretariat and composed of selected experts from of nominations of the Parties to the Convention and, as the case may be, of intergovernmental organizations, in accordance with the guidance given for that purpose by the Conference of the Parties.
3. The review process should produce a comprehensive and comprehensive technical assessment of all aspects of the implementation of this Protocol by a Party. The expert review teams should prepare a report for the Conference of the Parties in the quality of meeting of the Parties to this Protocol, assessing the implementation of the Party's commitments and identifying possible problems and factors that may be influencing the effectivation of the appointments. Such reports shall be distributed by the Secretariat to all Parties to the Convention. The Secretariat shall list the implementation issues indicated in such reports for further consideration by the Conference of the Parties to the quality of meeting of the Parties to this Protocol.
4. The Conference of the Parties in the quality of meeting of the Parties to this Protocol is expected to adopt in its first session, and periodically review from then on, the guidelines for the revision of the implementation of this Protocol by revised teams of specialists, taking into account the relevant decisions of the Conference of the Parties.
5. The Conference of the Parties in the quality of meeting of the Parties to this Protocol shall, with the assistance of the Subsidiary Body of Implementation and, as the case may be, of the Scientific and Technological Advisory Body, consider:
(a) The information submitted by the Parties under Article 7 and the reports of the reviews of the experts on such information, elaborated in accordance with this Article; and
(b) The implementation issues listed by the Secretariat in compliance with paragraph 3 above, as well as any issue raised by the Parties.
6. The Conference of the Parties in the quality of meeting of the Parties to this Protocol shall make decisions on any matter necessary for the implementation of this Protocol in accordance with the considerations made on the information referred to in the paragraph 5 above.
ARTICLE 9
1. The Conference of the Parties in the quality of meeting of the Parties to this Protocol shall periodically review this Protocol in the light of the best available scientific information and assessments of the changing climate and its impacts, as well as information relevant techniques, social and economic. Such revisions shall be coordinated with pertinent revisions under the Convention, in particular those disposed of in Article 4, paragraph 2 (d), and Article 7, paragraph 2 (a), of the Convention. On the basis of these revisions, the Conference of the Parties in the quality of meeting of the Parties to this Protocol shall make appropriate arrangements.
2. The first review is to happen at the second session of the Conference of the Parties to the quality of meeting of the Parties to this Protocol. Subsequent revisions should happen at regular intervals and in a timely manner.
ARTICLE 10
All Parties, taking into account their common but differentiated responsibilities and their priorities of specific, national and regional development, objectives and circumstances, without the introduction of any new commitment for the Parties not included in Annex I, but reaffirming the existing commitments in Article 4, paragraph 1, of the Convention, and by continuing to advance the implementation of these commitments in order to achieve sustainable development, taking into account Article 4, paragraphs 3, 5 and 7, of the Convention, should:
(a) Formulate, where appropriate and as far as possible, national and, as the case, appropriate regional, effective in- relation to costs, to improve the quality of emission factors, activity data and / or local models that reflect the socio-economic conditions of each Party for the periodic preparation and updating of national emission inventories anthropic by sources and anthropic removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, employing comparable methodologies to be agreed upon by the Conference of Parties and consistent with the guidelines for the preparation of national communications adopted by the Conference of the Parties;
(b) Formular, implement, regularly publish and update national and, as the case, regional, containing measures to mitigate climate change as well as measures to facilitate an appropriate adaptation to climate change:
(i) Such programs would involve, among others, the energy, transportation, and industry sectors, as well as those of agriculture, forestry and waste treatment. In addition, technologies and adaptation methods to perfect spatial planning would improve adaptation to changing climate; and
(ii) The Parties included in Annex I shall submit information on actions under this Protocol, including national programmes, in accordance with Article 7; and the other Parties shall seek to include in your national communications, as the case may be, information about programs that contain measures that Party believes contribute to addressing climate change and its adverse effects, including reducing emissions increases of greenhouse gases and increase in sinks and removals, empowerment and adaptation measures;
(c) Cooperate in promoting effective modalities for development, application and diffusion, and take all possible measures to promote, facilitate and finance, as the case may be, transfer or access to technologies, know-how, practices and environmentally safe processes concerning climate change, in particular for developing countries, including the formulation of policies and programs for the effective transfer of environmentally safe technologies that are owned public or public domain and the creation, in the private sector, of a conducive environment to promote and improve the transfer of environmentally safe technologies and access to them;
(d) Cooperate in the scientific and technical researches and promote the maintenance and development of systematic observation systems and the development of data archives to reduce the uncertainties related to the climate system, the adverse effects of climate change and the economic and social consequences of the various response strategies and promote development and the strengthening of endogenous capacity and resources to participate in international and intergovernmental research efforts, programs and networks and systematic observation, taking into account Article 5 of the Convention;
(e) Cooperate and promote on an international level and, as the case may be, by means of existing bodies, the elaboration and execution of education and training programs, including the strengthening of national empowerment, in particular human and institutional empowerment and the exchange or assignment of personnel to train specialists in these areas, in particular for the countries in development, and facilitate on a national level public awareness and public access to information about climate change. Suitable modalities should be developed to implement these activities through the appropriate bodies of the Convention, taking into account Article 6 of the Convention;
(f) Include in your national communications information about programs and activities undertaken in accordance with this Article in accordance with the relevant decisions of the Conference of the Parties; and
(g) Take full account, in the implementation of the commitments set out in this Article, the Article 4, paragraph 8, of the Convention.
ARTICLE 11
1. In the implementation of Article 10, the 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 of Article 11 of the Convention, and by means of the entity or entities entrusted with the operation of the financial mechanism of the Convention, the developed country Parties and the remaining developed Parties included in Annex II to the Convention shall:
(a) Probing new and additional financial resources to fully cover the costs for them agreed upon by the Parties Developing countries to push forward the implementation of the commitments made under Article 4, paragraph 1 (a), of the Convention and provided for in Article 10 (a); and
(b) Also provide these financial resources, including for the transfer of technology, that they will require the Parties to development to fully cover incremental costs to advance the implementation of the existing commitments under Article 4, paragraph 1, of the Convention and described in Article 10 and which are agreed upon between a Party in development and the international entity or entities referred to in Article 11 of the Convention in accordance with that Article.
The implementation of these existing commitments must take into account the need for the flow of financial resources is adequate and predictable and the importance of the appropriate division of the burden among developed countries Parties. The guidance for the entity or entities entrusted with the operation of the Convention's financial mechanism in relevant decisions of the Conference of the Parties, including those agreed upon before the adoption of this Protocol, shall apply mutatis mutandis to the provisions of this paragraph.
3. The developed and other developed countries of Annex II to the Convention may also provide financial resources for the implementation of Article 10 by means of bilateral, regional and multilateral channels and the Parties to development can benefit from them.
ARTICLE 12
1. A clean development mechanism is defined.
2. The purpose of the clean development mechanism should be to assist the Parties not included in Annex I to achieve sustainable development and contribute to the final goal of the Convention, and to assist the Parties included in Annex I to that comply with their quantified commitments of limitation and emission reduction, assumed in Article 3.
3. Under the clean development mechanism:
(a) Parts not included in Annex I will benefit from activities of projects that result in certified emission reductions; and
(b) The Parties included in the Attachment I can use the certified emission reductions, resulting from such project activities, to contribute to the fulfillment of part of their quantified commitments of limitation and emission reduction, assumed in Article 3, as determined by the Conference of the Parties in the quality of meeting of the Parties to this Protocol.
4. The clean development mechanism shall subject the authority and guidance of the Conference of the Parties to the quality of meeting of the Parties to this Protocol and to the supervision of an executive board of the clean development mechanism.
5. The emission reductions resulting from each project activity shall be certified by operating entities to be designated by the Conference of the Parties as the meeting quality of the Parties to this Protocol, based on:
(a) Voluntary Participation approved by each Party involved;
(b) Real, measurable, and long-term benefits related to climate change mitigation, and
(c) Reductions in emissions that are additional to those that would occur in the absence of the certified project activity.
6. The clean development mechanism should provide assistance as to obtaining funds for certified projects of projects when needed.
7. The Conference of the Parties in the quality of meeting of the Parties to this Protocol shall, in its first session, draw up modalities and procedures with the aim of ensuring transparency, efficiency and accountability of the project activities by medium of audits and independent checks.
8. The Conference of the Parties in the quality of meeting of the Parties to this Protocol shall ensure that a fraction of the funds advinds from certified project activities are used to cover administrative expenses, as well as attend to the Parties developing countries that are particularly vulnerable to the adverse effects of climate change to cope with the costs of adaptation.
9. The participation in the clean development mechanism, including in the activities mentioned in paragraph 3 (a) above and in the acquisition of certified emission reductions, may involve private and / or public entities and shall subject to any guidance that can be given by the executive board of the clean development mechanism.
10. Certified emission reductions obtained during the period from year 2000 to the beginning of the first commitment period may be used to assist in the fulfillment of responsibilities for the first commitment period.
ARTICLE 13
1. The Conference of the Parties, the supreme body of the Convention, shall act on the quality of meeting of the Parties to this Protocol.
2. Parties to the Convention that are not Parties to this Protocol may participate as observers of the deliberations of any session of the Conference of the Parties in the quality of meeting of the Parts of this Protocol. When the Conference of the Parties act on the quality of meeting of the Parties to this Protocol, the decisions taken under this Protocol shall be taken only by those that are Parties to this Protocol.
3. When the Conference of the Parties act on the quality of 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, on that occasion, not a Party to this Protocol, shall be replaced by another member, chosen from among the Parties to this Protocol and by them elected.
4. The Conference of the Parties in the quality of meeting of the Parties to this Protocol shall maintain the implementation of this Protocol under periodic review and take, within its mandate, the necessary decisions to promote its effective implementation. It shall perform the functions to it assigned by this Protocol and shall:
(a) Based on all information presented in accordance with the provisions of this Protocol, evaluate the implementation of this Protocol by the Parties, the general effects of the measures taken in accordance with this Protocol, in particular the environmental, economic and social effects, well how their cumulative effects and the degree of progress in the fulfillment of the Convention's objective;
(b) Periodically examine the obligations of the Parties to this Protocol, with due consideration to any revision required by Article 4, paragraph 2 (d), and Article 7, paragraph 2, of the Convention, in the light of its objective, of the experience gained in its implementation and the evolution of scientific and technological knowledge, and in that regard, to consider and adopt periodic reports on the implementation of this Protocol;
(c) Promoting and facilitating the exchange of information on measures adopted by the Parties to address the changing climate and its effects, taking into account the different circumstances, responsibilities and resources of the Parties and their respective commitments made under this Protocol;
(d) Facilitate, upon request of two or more Parties, the coordination of measures by them adopted to address the changing climate and its effects, taking into account the different circumstances, responsibilities and capabilities of the Parties and their respective commitments made under this Protocol;
(e) Promote and guide, in accordance with the objective of the Convention and the provisions of this Protocol, and taking full account of the relevant decisions of the Conference of the Parties, the development and periodic improvement of comparable methodologies for the effective implementation of this Protocol, to be agreed upon by the Conference of the Parties in the quality of meeting of the Parties to this Protocol;
(f) Making recommendations on any subject necessary to the implementation of this Protocol;
(g) Search to mobilize additional financial resources in accordance with Article 11, paragraph 2;
(h) Establish the subsidiary organs deemed necessary for the implementation of this Protocol;
(i) Search and use, as the case may be, the services and cooperation of international organizations and bodies competent intergovernmental and nongovernmental, as well as the information by them provided; and
(j) Perform the remaining functions necessary for the implementation of this Protocol and consider any attribution resulting from a decision of the Conference of the Parties.
5. The rules of procedure of the Conference of the Parties and the financial procedures applied under the Convention shall be applied mutatis mutandis under this Protocol, except when decided otherwise by consensus by the Conference of the Parties to the quality of meeting of the Parties to this Protocol.
6. The first session of the Conference of the Parties to the quality of meeting of the Parties to this Protocol shall be convened by the Secretariat together with the first session of the Conference of the Parties scheduled to be held after the date of entry into force of this Protocol. The subsequent ordinary sessions of the Conference of the Parties to the quality of meeting of the Parties to this Protocol shall be held annually and in conjunction with the ordinary sessions of the Conference of the Parties unless decided otherwise by the Conference of the Parties in the quality of meeting of the Parties to this Protocol.
7. The extraordinary sessions of the Conference of the Parties to the quality of meeting of the Parties to this Protocol shall be held on other dates when judged necessary by the Conference of the Parties to the quality of meeting of the Parties to this Protocol, or by written request of any Party, provided that, within six months after the solicitation has been communicated to the Parties by the Secretariat, it receives the support of at least one third of the Parties.
8. The United Nations, its specialized bodies and the International Atomic Energy Agency, as well as any Member State of these organizations or observer together with the same as not Part of this Convention may make themselves represent as observers at the sessions of the Conference of the Parties in the quality of meeting of the Parties to this Protocol. Any other body or agency, national or international, governmental or non-governmental, competent in matters of which it treats this Protocol and who has informed the Secretariat of its desire to represent itself as an observer in a session of the Conference of the Parties to the quality of meeting of the Parties to this Protocol, may be admitted to that quality, unless at least one-third of the Parties present object. The admission and participation of the observers shall subject to the rules of procedure referred to in paragraph 5 above.
ARTICLE 14
1. The Secretariat established by Article 8 of the Convention shall carry out the function of 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 the arrangements made for its operation, shall be applied mutatis mutandis to this Protocol. The Secretariat shall, in addition, exercise the duties to it assigned under this Protocol.
ARTICLE 15
1. The Subsidiary of Scientific and Technological Assessments and the Subsidiary Body of Implementation established in Articles 9 and 10 of the Convention shall respectively act as the Subsidiary Organ of Scientific and Technological Assessments and the Subsidiary Body of Implementation of this Protocol. The provisions related to the operation of these two bodies under the Convention shall be applied mutatis mutandis to this Protocol. The sessions of the meetings of the Subsidiary Body of Scientific and Technological Assessments and the Subsidiary Body of Implementation of this Protocol are to be held jointly with the meetings of the Subsidiary Organ of Scientific Advisory and Technological and the Subsidiary Body of Implementation of the Convention, respectively.
2. The Parties of the Convention which are not Parties to this Protocol may participate as observers of the deliberations of any session of the subsidiary bodies. When the subsidiary organs act as subsidiary organs of this Protocol, decisions under this Protocol shall be taken only by those that are Parties to this Protocol.
3. When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise their duties with respect to matters concerning this Protocol, any member of the Mesas of these subsidiary bodies representing a Party to the Convention, but on that occasion, not a Party of this Protocol, shall be replaced by another chosen member between the Parties of this Protocol and by them elected.
ARTICLE 16
The Conference of the Parties to the quality of meeting of the Parties to this Protocol shall, as soon as possible, consider the application to this Protocol, and modification as the case may be, of the multilateral process of consultations referred to in Article 13 of the Convention, in the light of any relevant decision that may be taken by the Conference of the Parties. Any multilateral process of consultations 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 set out the principles, modalities, rules and appropriate guidelines, in particular for verification, reporting and accountability of the emissions trading. The Parties included in Annex B may participate in the emissions trading with the aim of fulfilling the commitments made under Article 3. Such trade should be supplementary to domestic equities with seen to meet the quantified commitments of limitation and reduction of emissions, assumed under that Article.
ARTICLE 18
The Conference of the Parties to the quality of meeting of the Parties to this Protocol shall, in its first session, approve appropriate and effective procedures and mechanisms to determine and address cases of non-compliance with the provisions of this Protocol, including by means of the development of a list indicating possible consequences, taking into account the cause, type, degree, and frequency of non-compliance. Any procedure and mechanism under this Article that carries consequences of binding character shall be adopted by means of an amendment to this Protocol.
ARTICLE 19
The provisions of the Article 14 of the Convention on the solution of controversies shall apply mutatis mutandis to this Protocol.
ARTICLE 20
1. Any Party may propose amendments to this Protocol.
2. Amendments to this Protocol are to be adopted in ordinary session of the Conference of the Parties in the quality of 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 prior to the session on which it will be proposed its adoption. The text of any proposed amendment shall also be communicated by the Secretariat to the Parties and to the signatories of the Convention and, for information, to the Depositary.
3. The Parties shall do everything possible to reach agreement by consensus on any amendment proposed to this Protocol. Once we are exauriated every effort to reach a consensus without reaching an agreement, the amendment should be adopted, ultimately, by a majority of three-quarters of the votes of the Parties present and voting in the session. The adopted amendment shall be communicated by the Secretariat to the Depositary, which shall communicate it to all Parties for acceptance.
4. The instruments of acceptance in relation to an amendment shall be deposited with the Depositary. An amendment adopted, in accordance with paragraph 3 above, shall enter into force for the Parties that have accepted it on the nineteenth day after the date of receipt by the Depositary of the instruments of acceptance of at least three-quarters of the Parties of this Protocol.
5. The amendment shall enter into force for any other Party on the nineteenth day after the date on which the Party departs, together with the Depositary, its instrument of acceptance of such amendment.
ARTICLE 21
1. The Annexes to this Protocol constitute an integral part of it and, unless otherwise expressly disposed of, any reference to this Protocol constitutes at the same time reference to any of its Annexes. Any annex adopted after the entry into force of this Protocol shall contain only lists, forms and any other material of a descriptive nature that deals with matters of scientific, technical, administrative or procedural character.
2. Any Party may draw up annex proposals for this Protocol and propose amendments to the Annexes to this Protocol.
3. The Annexes to this Protocol and the amendments to Annexes to this Protocol shall be adopted at an ordinary session of the Conference of the Parties to the quality of meeting of the Parties to this Protocol. The text of any proposal for an annex or amendment to an annex shall be communicated to the Parties by the Secretariat at least six months prior to the meeting on which it will be proposed its adoption. The text of any proposal for an annex or amendment to an annex shall also be communicated by the Secretariat to the Parties and to the signatories to the Convention and, for information, to the Depositary.
4. The Parties shall do everything possible to reach agreement by consensus on any proposal for an annex or amendment to an annex. Once all efforts to reach a consensus without reaching an agreement, the annex or amendment to an annex should be adopted, ultimately, by a majority of three-quarters of the votes of the Parties present and voting in the session. The attachments or amendments to an adopted annex must be communicated by the Secretariat to the Depositary, which shall communicate them to all Parties for acceptance.
5. An annex, or amendment to an annex, other than Annex A or B, which has been adopted in accordance with paragraphs 3 and 4 above shall enter into force for all Parties to this Protocol six months after the date of communication to those Parties by the Depositary, of the adoption of the Annex or of the amendment to the Annex, to the exception of the Parties notifying the Depositary, in writing, and in the same period, of their non-acceptance of the Annex or the amendment to the Annex. The Annex or the amendment to an annex shall enter into force for the Parties which have withdrawn their notification of non-acceptance on the ninth day after the date of receipt by the Depositary of withdrawal of such notification.
6. If the adoption of an annex or an amendment to an annex involves an amendment to this Protocol, such attachment or amendment to an annex shall not enter into force until such time as between in force the amendment to this Protocol.
7. Amendments to Annexes A and B of this Protocol shall be adopted and shall enter into force in accordance with the procedures described in Article 20, provided that any amendment to Annex B is adopted by the written consent of the Party involved.
ARTICLE 22
1. Each Party is entitled to one vote, to the exception of the provisions of paragraph 2 below.
2. The organizations regional of economic integration shall exercise, in matters of their competence, their right to vote with a number of votes equal to the number of their Member States Parties to this Protocol. These organizations shall not exercise their right to vote if any of their Member States exercise this 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 will be open to signature and subject to ratification, acceptance or approval of states and regional economic integration organizations that are Parties to the Convention. It will be open for signing at the United Nations headquarters in New York from March 16, 1998 to March 15, 1999. This Protocol will be open to adhesions from the day following the date on which no longer are open to signatures. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
2. Any regional economic integration organization that becomes Part of this Protocol, without any of its Member States being Party, shall subject to all the obligations laid down in this Protocol. In the event that one or more Member States of these organizations are Parties to this Protocol, the organization and its Member States shall decide on their respective responsibilities for the performance of their obligations laid down in this Protocol. In such cases, the organizations and the Member States may not simultaneously exercise rights established by this Protocol.
3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations must state the scope of their competencies in regard to matters governed by this Protocol. These organizations must also inform the Depositary of any substantial modification within the framework of their competencies, which in turn shall transmit this information to the Parties.
ARTICLE 25
1. This Protocol shall enter into force on the nineteenth day after the date on which at least 55 Parties to the Convention, encompassing the Parties included in Annex I that accounted for in total at least 55% of the total carbon dioxide emissions in 1990 of the Parts included in Annex I, have deposited their instruments of ratification, acceptance, approval or accession.
2. For the purposes of this Article, "the total carbon dioxide emissions in 1990 of the Parties included in Annex I" means the amount communicated previously or on the date of adoption of this Protocol by the Parties included in Annex I in its first national communication, submitted in accordance with Article 12 of the Convention.
3. For each State or regional economic integration organization that ratifies, accepts, approves or accede to this Protocol after the conditions for entry into force described in paragraph 1 above have been met, this Protocol shall come into force in 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 deemed to be additional to those deposited by Member States of the organization.
ARTICLE 26
No reservation can be made to this Protocol.
ARTICLE 27
1. After three years of the entry into force of this Protocol to a Party, that Party may, at any time, report it by means of written notice to the Depositary.
2. Such denunciation takes effect one year after the date of receipt by the Depositary of the notification of denunciation, or at a later date if so in it is stipulated.
3. It should be considered that any Party that denounces the Convention also denounces this Protocol.
ARTICLE 28
The original of this Protocol, whose texts in Arabic, Chinese, English, French, Russian and Spanish are equally authentic, must be deposited with the Secretary-General of the United Nations.
FEITO in Kyoto at the eleven days of December one thousand nine hundred and ninety-seven.
IN FÉ DO WHAT, THE UNDERSIGNED, DULY AUTHORIZED FOR THAT PURPOSE, FIRMS THIS PROTOCOL ON THE DATES INDICATED.
Gases of greenhouse
Carbon Dioxide (CO2)
Methane (CH4)
Nitrous Oxide (N2º)
Hydrofluorcarbons (HFCs)
Perfluorcarbonos (PFCs)
Sulfur Hexafluoride (SF6)
Setors / font categories
Energy
Fuel break
Energy sector
Transformation and construction industries
Transport
Other sectors
Others
Fugitive Emissions of fuels
Solid fuels
Oil and natural gas
Others
Industrial processes
Mineral products
Chemical industry
Production of metals
Other productions
Production of sulfur halocarbons and sulfur hexafluoride
Consumption of halocarbons and sulfur hexafluoride
Others
Use of solvents and other products
Agriculture
Generic fermentation
Treatment of waste
Rice Cultive
Agricultural soles
Queimadas prescribed from savannah
Queima of agricultural waste
Others
Waste
Disposition of solid waste in the earth
Wastewater Treatment
Incineration of waste
Others
