LAW 164 1994
Official Gazette No. 41,575, of October 28, 1994
Through which the "Framework Convention of the United Nations Climate Change" is approved, done at New York on 9 May 1992. Summary
CONGRESS OF COLOMBIA DECREES
having regard to the text of the "Framework Convention of the United Nations Climate Change", made in New York on 9 May 1992.
FRAMEWORK CONVENTION UNITED NATIONS
oN cLIMATE cHANGE the parties to this Convention,
RECOGNIZING that the changing Earth's climate and its adverse effects are a common concern of all humanity,
cONCERNED that human activities have been substantially increasing concentrations of greenhouse gases in the atmosphere, and that these increases enhance the natural greenhouse effect, which will result on average in an additional warming of the surface and atmosphere of the Earth and may adversely affect natural ecosystems and humankind,
NOTING that, both historically and currently, most of the emissions of greenhouse gases in the world, has originated in developed countries, that per capita emissions in developing countries are still relatively low and that the share of total emissions originating in developing countries will grow to meet their social and development needs,
CONSCIOUS of the role and importance of the sinks and reservoirs of greenhouse gases in terrestrial and marine ecosystems,
NOTING that there are many uncertainties in predictions of climate change, particularly with regard to the timing, magnitude and regional characteristics,
RECOGNIZING that the global nature of climate change calls for the widest possible cooperation by all countries and their participation in an effective and appropriate international response, in accordance with their common but differentiated responsibilities and respective capabilities and their social conditions and economic,
RECALLING the relevant provisions of the Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June 1972,
RECALLING ALSO that States, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities conducted within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction,
REAFFIRMING the principle of sovereignty of States in international cooperation to address climate change, RECOGNIZING that
States should enact effective environmental laws, rules, management objectives and environmental priorities should reflect the environmental and developmental context to which they apply, and that standards applied by some countries may be inappropriate and economic cost and unjustified for other countries, particularly developing countries,
RECALLING the provisions of Resolution 44/228 of the General Assembly, of 22 December 1989 on the United Nations Conference on Environment and social Development and resolutions 43/53 of 6 December 1988, 44/207 of 22 December 1989, 45/212 of 21 December 1990 and 46/169 of 19 December 1991 concerning protection of global climate for present and future generations,
RECALLING the provisions of Resolution 44/206 of the General Assembly, of 22 December 1989 on the possible adverse effects of sea level rise on islands and coastal areas, especially lying coastal areas, and the relevant provisions of Resolution 44/172 of the General Assembly, of 19 December 1989 on the implementation of the Plan of Action to combat desertification | || RECALLING FURTHER the Vienna Convention for the Protection of the ozone layer, 1985, and the Montreal Protocol on substances that deplete the ozone layer, 1987, as adjusted and amended on June 29, 1990, | || NOTING the Ministerial Declaration of the Second World Climate Conference adopted on 7 November 1990,
CONSCIOUS of the valuable analytical work on climate change conducted by many States and the important contribution of the World Meteorological Organization, the United Nations Environment Programme and other organs, organizations and agencies of the United Nations and other international and intergovernmental organizations, the exchange of results of scientific research and the coordination of research bodies
RECOGNIZING that the measures necessary to understand climate change and cope reach their maximum effectiveness environmental, social and economic levels if based on scientific considerations relevant economic, technical and continually reassessing and in the light of new discoveries in the field,
RECOGNIZING that various actions to address climate change they can be justified economically by themselves and can also help in solving other environmental problems,
RECOGNIZING aLSO the need for developed countries to take immediate action in a flexible manner on the basis of clear priorities, as a first step towards comprehensive response strategies in global, national and, where agreed, regional levels that take into account all greenhouse gases, with due consideration of their relative contributions to the enhancement of the greenhouse effect,
FURTHER RECOGNIZING that countries low-lying and other small island countries, countries with low-lying coastal, arid and semi-arid areas or areas liable to floods, drought and desertification, and developing countries with fragile mountainous ecosystems are particularly vulnerable to the adverse effects of climate change ,
RECOGNIZING the special difficulties of those countries, especially developing countries, whose economies are particularly dependent on the production, use and export of fossil fuels, as a result of the measures taken to limit emissions of greenhouse gases,
AFFIRMING that responses to climate change should be coordinated so integrated with the social and economic development with a view to avoiding adverse impacts on the latter, taking into full account the legitimate priority needs of developing countries to achieve growth sustained economic and poverty eradication,
RECOGNIZING that all countries, especially developing countries, need access to resources required to achieve sustainable economic and social development and that developing countries to move towards that goal, need to increase their energy consumption, taking into account the possibilities for achieving greater energy efficiency and control emissions of greenhouse gases in general, including through the application of new technologies on terms which make such an application economically and socially beneficial,
DETERMINED to protect the climate system for present and future generations,
have agreed as follows:
ARTICLE 1o. DEFINITIONS.
For the purposes of this Convention:
1. "Adverse effects of climate change" means changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of natural ecosystems or under management or on the operation of socio-economic systems or on human health and welfare.
2. "Climate change" means a change attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time eríodos climate.
3. "Climate system" means the totality of the atmosphere, hydrosphere, biosphere and geosphere and their interactions.
4. "Emissions" means the release of greenhouse gases or their precursors into the atmosphere over a specified area and specified period of time.
5. By "greenhouse gases" it means those, both natural and anthropogenic gaseous components of the atmosphere that absorb and re-emit infrared radiation.
6. "Regional economic integration organization" means an organization constituted by sovereign States of a given region which has jurisdiction over matters governed by this Convention or its protocols and has been duly authorized, in accordance with its procedures internal, to sign, ratify, accept, approve or accede to them.
7. By "deposit" means one or more components of the climate system in which is stored a greenhouse gas or a precursor of a greenhouse gas.
8. "Sink" means any process, activity or mechanism which removes a greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere.
9. "Source" means any process or activity which releases a greenhouse gas, an aerosol or a precursor of a greenhouse gas into the atmosphere.
. OBJECTIVE. The ultimate objective of this Convention and any related legal instruments adopted by the Conference of the Parties is to achieve, in accordance with the relevant provisions of the Convention, stabilization of concentrations of greenhouse gases in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. That level should be achieved within a timeframe sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner.
ARTICLE 3o. BEGINNING. Parties in the measures taken to achieve the objective of the Convention and implement its provisions, shall be guided, inter alia, the following:
1. Parties should protect the climate system for the benefit of present and future generations on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties should take the lead in regard to combating climate change and its adverse effects.
2. the specific needs and special circumstances of Parties that are developing countries, especially those that are particularly vulnerable to the adverse effects of climate change and of those Parties, especially those Parties that are developing countries should be fully taken into account that they would have to bear a disproportionate or abnormal burden under the Convention.
3. Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, should not the lack of full scientific certainty as a reason for postponing such measures might be used, taking into account that policies and measures to address climate change should be effective in cost to ensure global benefits at the lowest possible cost. To this end, such policies and measures should take into account different socio-economic contexts, be comprehensive, cover all sources, sinks and reservoirs of greenhouse gases and comprise all economic sectors. Efforts to address climate change may be carried out in cooperation between the parties concerned.
4. Parties are entitled to and should, promote sustainable development. Policies and measures to protect the climate system against change by should be appropriate to the specific needs of each of the Parties and be integrated into national development programs conditions human-induced, taking into account that economic growth is essential for adopting measures to address climate change.
5. Parties should cooperate to promote a supportive and open international economic system that would lead to economic growth and sustainable development of all Parties, particularly the Parties that are developing countries, thus enabling them to cope better way to problems climate change. Measures taken to combat climate change, including unilateral ones, should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.
1. All Parties, taking into account their common but differentiated responsibilities and the specific character of their national and regional development, objectives and circumstances priorities must:
a) Develop, periodically update, publish and make available to the Conference of the Parties, in accordance with Article 12, national inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies to be be agreed by the Conference of the Parties;
B) Formulate, implement, publish and regularly update national and, where appropriate, regional programs containing measures to mitigate climate change by addressing anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol and measures to facilitate adequate adaptation to climate change;
C) Promote and cooperate in the development, application and diffusion, including transfer, of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases not controlled by the Protocol Montreal in all relevant sectors, including energy, transport, industry, agriculture, forestry and waste management;
D) Promote sustainable management, and promote and cooperate in the conservation and enhancement, as appropriate, of sinks and reservoirs of all greenhouse gases not controlled by the Montreal Protocol, including biomass, forests and oceans as well as other terrestrial, coastal and marine ecosystems;
E) Cooperate in preparing for adaptation to the impacts of climate change; develop and elaborate appropriate and integrated management of coastal plans, water resources and agriculture, and for the protection and rehabilitation of areas, particularly in Africa, affected by drought and desertification, as well as floods;
F) Take into account, as far as possible, climate change considerations into their policies and relevant social, economic and environmental measures and employ appropriate methods, for example impact assessments, formulated and determined nationally with a view to minimizing adverse effects on the economy, public health and the quality of the environment, of projects or measures undertaken by them to mitigate climate change or adapt to it;
G) Promote and cooperate in scientific research, technological, technical, socio-economic and other measures, systematic observation and establishment of data archives related to the climate system, in order to facilitate understanding of the causes , effects, magnitude and timing of climate change and the economic and social consequences of various response strategies and to reduce or eliminate the uncertainties that still exist in this regard;
H) Promote and cooperate in the full, open and prompt the relevant scientific, technological, technical, socio-economic and legal climate system and climate change, and the economic and social consequences of the various response strategies;
I) Promote and cooperate in education, training and public awareness of climate change and encourage the widest possible participation in this process, including that of non-governmental organizations;
J) Communicate to the Conference of the Parties information on the application in accordance with Article 12.
2. The developed country Parties and other Parties included in Annex I commit themselves specifically what is provided below:
A) Each of these Parties shall adopt national policies (1) and take corresponding measures to mitigate climate change by limiting its anthropogenic emissions of greenhouse gases and protecting and enhancing sinks and reservoirs of greenhouse gases. These policies and measures will demonstrate that developed countries are taking the lead when it comes to modifying longer-term anthropogenic emissions consistent trends with the objective of this Convention, recognizing that the return by the end of the current decade , to earlier levels of anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol would contribute to such modification, and taking into account the differences in starting points and approaches, economic structures and resource bases of these parties, the need to maintain strong and sustainable economic growth, available technologies and other individual circumstances, as well as the need for each of these Parties to contribute to equitable and appropriate global action to achieve that goal . These Parties may implement such policies and measures jointly with other Parties and may assist other parties to contribute to the objective of the Convention and, in particular, the purpose of this subsection;
B) In order to promote progress to this end, each of these Parties shall, in accordance with Article 12, within six months following the entry of force of the Convention for that Party and periodically there later, detailed information about policies and measures referred to in paragraph a), as well as about the resulting projections for anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol for the period referred to in paragraph a), with the aim of returning individually or jointly to their 1990 levels these anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Protocol Montreal. The Conference of the Parties will consider that information at its first session and thereafter periodically, in accordance with Article 7;
C) Calculations of emissions by sources and removals by sinks of greenhouse gases for the purposes of subsection b), the more accurate it becomes available, including scientific knowledge is taken into account, the relative the effective capacity of sinks and the respective contributions of such gases to climate change. The Conference of the Parties shall consider and agree on methodologies must be used for these calculations at its first session and review them regularly thereafter;
D) The Conference of the Parties shall, at its first session, subparagraphs a) and b) to determine whether they are adequate. That review will be conducted in the light of more accurate information and that available on climate change and its impact scientific assessments, as well as relevant technical, social and economic information. Based on this review, the Conference of the Parties shall take appropriate measures, which may include the adoption of amendments to the commitments in subparagraphs a) and b). The Conference of the Parties at its first session, shall also take decisions regarding criteria for joint implementation as indicated in subparagraph a). A second review of subparagraphs a) and b) no later than 31 December 1998, and thereafter at regular intervals determined by the Conference of the Parties will be held until the objective of this Convention is reached;
E) Each of these Parties;
I) coordinate with other such Parties, as appropriate, relevant economic and administrative instruments developed to achieve the objective of the Convention; e
ii) Identify and periodically review its own policies and practices which encourage activities that lead to greater levels of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol than would otherwise occur;
F) The Conference of the Parties shall, no later than 31 December 1998 available information with a view to taking decisions regarding appropriate amendments entered in the list of Annexes I and II, with the approval of the Interested part;
G) Any Party not included in Annex I may, in its instrument of ratification, acceptance, approval or accession, or at any time thereafter, notify the Depositary of its intention to be bound by subparagraphs a) and b) above. The Depositary shall inform the notification to the other signatories and Parties.
3. Parties that are developed countries and other developed Parties included in Annex II shall provide new and additional financial resources to cover all the expenses agreed engaged Parties developing countries to fulfill their obligations under paragraph 1 Article 12 also provide financial resources, including resources for technology transfer, which Parties developing countries need to meet all incremental costs resulting from implementation of the measures set out in paragraph 1, of this article and have been agreed between a Party that is a developing country and the international entity or international that Article 11, in accordance with that article it refers to entities. To implement these commitments shall take into account the need for the flow of funds is adequate and predictable, and the importance of appropriate burden sharing among developed country Parties.
4. Parties that are developed countries and other developed Parties included in Annex II, also they assist Parties that are particularly vulnerable to the adverse effects of climate change, to deal with the costs of adaptation to these adverse effects.
5. Parties that are developing countries and other developed Parties included in Annex II shall take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of environmentally sound technologies and know-how, or access to them to other Parties, especially those Parties that are developing countries, so that they can apply the provisions of the Convention. In this process, the developed country Parties shall support the development and enhancement of endogenous capacities and technologies Parties in developing countries. Other Parties and organizations in a position to do so may also assist in facilitating the transfer of such technologies.
6. In compliance with the commitments under paragraph 2, the Conference of the Parties will grant some degree of flexibility to the Parties included in Annex I undergoing the process of transition to a market economy in order to increase the capacity of those Parties to address climate change, including in relation to the historical level of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol chosen as a reference.
7. The extent to which the Parties are developing countries take to effectively implement their commitments under the Convention will depend on how Parties developed countries put into practice effectively its commitments relating to financial resources and transfer technology and will take fully into account that economic and social development and poverty eradication are the first and overriding priorities of Parties that are developing countries.
8. To implement the commitments under this article, the Parties shall give full consideration to what actions are necessary under the Convention, including actions related to funding, insurance and technology transfer, to address the specific needs and concerns of the Parties that are developing countries arising from the adverse effects of climate change or the impact of implementation of response measures, especially from the following countries:
a) small island countries;
B) Countries with low-lying coastal areas;
C) Countries with arid and semi-arid areas, forested areas and areas liable to forest decay;
D) Countries with areas prone to natural disasters;
E) Countries with areas liable to drought and desertification;
F) Countries with areas of high urban atmospheric pollution;
G) Countries with areas with fragile ecosystems, including mountainous ecosystems;
H) Countries whose economies depend heavily on income generated from the production, processing and export of fossil fuels and associated energy-intensive or consumption;
I) Landlocked countries and transit countries.
In addition, the Conference of the Parties may take appropriate measures under this paragraph.
9. The Parties shall take fully into account the specific needs and special situations of the least developed countries in their actions with regard to funding and transfer of technology.
10. In carrying out their commitments under the Convention, the Parties shall take into account, in accordance with Article 10, the situation of Parties, particularly the Parties that are developing countries whose economies are vulnerable to the adverse effects of response measures to climate change. This applies especially to the Parties whose economies depend heavily on income generated from the production, processing and export of fossil fuels and associated energy-intensive or consumption, or the use of fossil fuels whose replacement have serious difficulties.
The 5th ARTICLE. RESEARCH AND SYSTEMATIC OBSERVATION. To implement the commitments that subsection g) of paragraph 1 of Article 4 Parties mean:
a) Support and further develop, as appropriate, programs and networks or international and intergovernmental organizations, which have aimed at defining, conducting, assessing and financing research, data collection and systematic observation, taking into account the need to minimize duplication of effort;
B) Support international and intergovernmental efforts to strengthen systematic observation and capacity and national scientific and technical research, particularly in developing countries, and to promote access to data from areas outside of national jurisdiction, as well as exchange and analysis of such data; and
c) Take into account the needs and concerns of developing countries and cooperate with the aim of improving their endogenous capacities and capabilities to participate in the efforts referred to in subparagraphs a) and b).
. EDUCATION, TRAINING AND PUBLIC AWARENESS. To implement the commitments that subsection i) of the 1st paragraph refers to. of Article 4. Parties:
a) Promote and facilitate at the national level and, as appropriate, subregional and regional levels, in accordance with national laws and regulations, and within their respective capacities:
i) Development and implementation of education programs and public awareness on climate change and its effects;
Ii) Public access to information on climate change and its effects;
Iii) Public participation in addressing climate change and its effects and in developing adequate responses; and
iv) Training of scientific, technical and managerial personnel;
B) cooperate at the international level, as appropriate, through existing agencies, the following activities and promote:
i) The development and exchange of educational materials and equipment designed to increase public awareness on climate change and its effects; and
ii) The development and implementation of education and training programs, including the strengthening of national institutions and the exchange or secondment of personnel to train experts in this field, particularly for developing countries.
Article 7. CONFERENCE OF THE PARTIES.
1. It is hereby established a Conference of the Parties.
2. The Conference of the Parties, as the supreme body of this Convention, regularly review the implementation of the Convention and any related legal instruments adopted by the Conference of the Parties and, within its mandate, take decisions necessary to promote the effective implementation of the Convention. To that end:
a) Periodically examine the obligations of the Parties and the institutional arrangements under this Convention, in the light of the objective of the Convention, the experience gained in its implementation and the evolution of scientific and technical knowledge;
B) Promote and facilitate the exchange of information on measures taken by Parties to address climate change and its effects, taking into account the circumstances, responsibilities and capabilities of the Parties and their respective commitments under the Convention;
C) facilitate the request of two or more Parties, the coordination of measures adopted by them to address climate change and its effects, taking into account the circumstances, responsibilities and capabilities of the Parties and their respective commitments under of the Convention;
D) Promote and guide, in accordance with the objective and provisions of the Convention, the development and periodic refinement of comparable methodologies agreed on by the Conference of the Parties, inter alia, in order to prepare inventories emissions of greenhouse gases by sources and removals by sinks, and to evaluate the effectiveness of measures taken to limit the emissions and enhance the removals of these gases;
E) Assess, on the basis of all information available to it in accordance with the provisions of the Convention, the implementation of the Convention by the Parties, the overall effects of the measures taken under the Convention, particular environmental, economic and social effects as well as their cumulative impacts and the extent to which progress towards achieving the objective of the Convention;
F) Consider and adopt regular reports on the implementation of the Convention and ensure their publication;
G) Make recommendations on any matters necessary for the implementation of the Convention;
H) Seek to mobilize financial resources in accordance with the 3rd paragraphs., 4o. and 5th. of Article 4, and Article. 11;
I) Establish such subsidiary organs as it deems necessary for the implementation of the Convention;
J) Review reports submitted by its subsidiary bodies and provide guidance to them;
K) Agree upon and adopt, by consensus, rules and financial regulations, as well as those of the subsidiary bodies;
L) Seek, where appropriate, the services and cooperation of international organizations and intergovernmental bodies and non-governmental organizations and use information provided by,; and
m) Exercise such other functions as are necessary to achieve the objective of the Convention, as well as all other functions assigned to it under the Convention.
3. The Conference of the Parties at its first session, adopt its own rules of procedure and those of its subsidiary bodies established under the Convention, which include procedures for decision-making on issues that no adoption procedures apply decision stipulated in the Convention. Such procedures may specify the required majority for the adoption of certain decisions.
4. The first session of the Conference of the Parties shall be convened by the provisional Secretariat referred to in Article 21 and shall take place no later than one year after the entry into force of the Convention. Thereafter, ordinary sessions of the Conference of the Parties shall be held annually, unless the Conference decides otherwise.
5. Extraordinary sessions of the Conference of the Parties shall be held whenever the Conference deems it necessary, or when one of the parties so requests in writing, provided that within six months from the date on which the Secretariat transmitted Parties request, it is supported by at least one third of the Parties.
6. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State member thereof or observers those organizations that are not Parties to the Convention, may be represented at sessions of the Conference of the Parties as observers . Any other body or agency, whether national or international, governmental or non-governmental, qualified in matters covered by the Convention and which has informed the Secretariat of its wish to be represented at a session of the Conference of the Parties as an observer , may be so admitted unless one third of the Parties present object. The admission and participation of observers shall be governed by the regulations approved by the Conference of the Parties.
1. It is hereby established a Secretariat.
2. The functions of the Secretariat shall be:
a) Organize the sessions of the Conference of the Parties and subsidiary bodies established under the Convention and to provide the necessary services;
B) To compile and transmit reports submitted to it;
C) Assist Parties, especially Parties that are developing countries, at the request of them, in the collection and transmission of information required in accordance with the provisions of the Convention;
D) prepare reports on its activities and present them to the Conference of the Parties;
E) Ensure the necessary coordination with the secretariats of other relevant international bodies;
F) Make administrative and contractual arrangements necessary for the effective performance of its functions under the overall guidance of the Conference of the Parties; and
g) To perform the other secretariat functions specified in the Convention and any protocol, and all other functions determined by the Conference of the Parties.
3. The Conference of the Parties at its first session, designate a permanent secretariat and take the necessary measures for its operation.
Article 9. SUBSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL ADVICE.
1. By A subsidiary body for scientific and technological advice to provide the Conference of the Parties and, as appropriate, its other (subsidiary bodies with timely information and advice on scientific and technological matters relating to the Convention is established. This body shall be open to participation by all Parties and shall be multidisciplinary. it will be composed of government representatives competent in the relevant field of expertise. it will present reports to the Conference of the Parties on all aspects of its work regularly.
2. Under the guidance of the Conference of the Parties and drawing upon existing competent international bodies, this body shall:
a) Provide assessments of the state of scientific knowledge related to climate change and its effects;
B) Prepare scientific assessments on the effects of the measures taken for the implementation of the Convention;
C) Identify the technologies and expertise that are innovative, efficient and state and provide advice on ways to promote development or transferring such technologies;
D) Provide advice on scientific programs, international cooperation on research and development of climate change, as well as ways to support the development of endogenous capacities of developing countries; and
e) Respond to scientific, technical and methodological questions that the Conference of the Parties and its subsidiary bodies may put character.
3. The Conference of the Parties may further extend the functions and mandate of this body.
ARTICLE 10. SUBSIDIARY BODY FOR IMPLEMENTATION.
1. A subsidiary for implementing body responsible for assisting the Conference of the Parties in the assessment and review of the effective implementation of the Convention is established. This body shall be open to participation by all Parties and comprise government representatives who are experts on matters related to climate change. It shall report regularly to the Conference of the Parties on all aspects of its work.
2. Under the guidance of the Conference of the Parties, this body shall:
a) Consider the information communicated in accordance with paragraph 1o. Article 12 to assess the overall aggregated effect of the steps taken by the Parties in the light of the latest scientific assessments concerning climate change;
B) Consider the information communicated in accordance with paragraph 2 of Article 12, to assist the Conference of the Parties in carrying out the reviews required by subsection d) of paragraph 2 of Article 4., And
c) Assist the Conference of the Parties, as appropriate, in the preparation and implementation of its decisions:
ARTICLE 11. FINANCIAL MECHANISM.
1. Hereby a mechanism for providing financial services to grant or concessional terms for, among other things, technology transfer is defined resources. It shall function under the guidance of the Conference of the Parties and be accountable to the Conference, which shall decide on its policies, program priorities and eligibility criteria related to this Convention. Its operation shall be entrusted to one or more existing international entities.
2. The financial mechanism shall have an equitable and balanced representation of all Parties within a transparent system of governance.
3. The Conference of the Parties and the entity or entities for the operation of the financial mechanism shall agree upon arrangements to give effect to the above paragraphs, including the following be included be entrusted:
a) Modalities to ensure that the funded projects to address climate change are consistent with the policies, program priorities and eligibility criteria established by the Conference of the Parties;
B) Modalities by which a particular funding decision may be reconsidered in light of these policies, program priorities and eligibility criteria;
C) Provision by the entity or entities of regular reports to the Conference of the Parties on its funding operations, consistent with the requirement for accountability set out in paragraph 1 and
d) determination in a predictable and identifiable manner the amount of funding necessary and available for the implementation of this Convention and the conditions under which that amount shall be periodically reviewed.
4. The Conference of the Parties shall at its first session arrangements to implement the above provisions, reviewing and taking into account the interim arrangements referred to in paragraph 3 of Article 21 is made, and shall decide whether to keep those interim arrangements . Within the next four years, the Conference of the Parties shall review the financial mechanism and take appropriate measures.
5. The developed country Parties may also provide, and the Parties that are developing countries can use, financial resources related to the implementation of this Convention by regional bilateral, and other multilateral channels.
Article 12. TRANSMISSION OF INFORMATION RELATED APPLICATION.
1. . In accordance with paragraph 1 of the 4th article, each Party shall transmit to the Conference of the Parties, through the secretariat, the following elements of information:
a) A national inventory, to the extent that allow their chances of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies to be promoted and adopted by the Conference of the Parties;
B) A general description of the measures taken or envisaged to implement the Convention, and
c) Any other information that the Party considers relevant to the achievement of the objective of the Convention and suitable for inclusion in communication, including, if feasible, material relevant for calculations of global emission trends.
2. Each developed country Parties and each other Party included in Annex I shall incorporate in its communication the following elements of information:
a) A detailed description of the policies and measures it has taken to bring practice its commitment under subparagraphs a) and b) with the 2nd paragraph. of Article 4 .;
B) A specific estimate of the effects that the policies and measures referred to in paragraph a) of anthropogenic emissions by sources and removals by its sinks of greenhouse gases during the period covered It referred to in paragraph a) of the 2nd paragraph. of Article 4.
3. In addition, each of the Parties which is a developed country and each other developed Party included in Annex II shall incorporate details of measures taken in accordance with paragraphs 3, 4 and 5 of Article 4.
4. Parties that are developing countries may voluntarily propose projects for financing, including specific technologies, materials, equipment, techniques or practices that would be needed to implement such projects, along with, if possible, an estimate of all costs additional reductions in emissions and increasing absorption of greenhouse gases, as well as an estimate of the consequent benefits.
5. Each of the parties is a developing country and each other Party included in Annex I shall make its initial communication within six months after the entry into force of the Convention for that Party. Each of the other Parties not included in that list shall submit an initial communication within three years from the entry into force of the Convention for that Party or the availability of financial resources in accordance with paragraph 3o. of Article 4. Parties belonging to the group of least developed countries may make their initial communication at their discretion. The Conference of the Parties shall determine the frequency of subsequent communications by all Parties, taking into account the differentiated timetable set by this paragraph.
6. The information submitted by Parties under this Article shall be transmitted by the secretariat as soon as possible to the Conference of the Parties and any subsidiary bodies. If necessary, the Conference of the Parties may again review the procedures of communication of information.
7. From its first session, the Conference of the Parties shall make arrangements to facilitate financial and technical assistance to Parties that are developing countries, at their request, in compiling and communicating information under this Article and as in identifying the technical and financial needs associated with proposed projects and response measures under article 4. Such assistance may be provided by other Parties, by competent international organizations and by the secretariat, as appropriate.
8. Any group of Parties may, subject to guidelines adopted by the Conference of the Parties, and to prior notification to the Conference of the Parties, make a joint communication in fulfillment of the obligations under this Article, provided that communication includes information on compliance by each of these Parties of its individual obligations under this Convention.
9. The information received by the secretariat that is designated as confidential by the submitting Party, in accordance with criteria established by the Conference of the Parties will be compiled by the secretariat so that confidentiality is protected, before making it available of any of the bodies involved in the communication and review of information.
10. Subject to paragraph 9o., Without prejudice to the right of any Party to make public its communication at any time, the secretariat shall make communications by Parties under this Article available at the time they are submitted to the Conference of the Parties.
ARTICLE 13. RESOLUTION OF QUESTIONS OF IMPLEMENTATION OF THE CONVENTION. At its first session, the Conference of the Parties consider the establishment of a multilateral consultative process, which may refer the parties, if requested, to resolve issues related to the implementation of the Convention.
ARTICLE 14. SETTLEMENT OF DISPUTES.
1. In case of dispute between two or more Parties concerning the interpretation or application of the Convention, the Parties concerned shall seek a resolution through negotiation or any other peaceful means of their choice.
2. When ratifying, accepting, approving the Convention or acceding to it, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that it recognizes as compulsory ipso facto and without special agreement, with respect to any dispute concerning the interpretation or application of the Convention, and in relation to any Party accepting the same obligation;
A) submission of the dispute to the International Court of Justice or
b) Arbitration in accordance with the procedures that the Conference of the Parties shall, as soon as practicable, in an annex on arbitration.
A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedures referred to in subparagraph b).
3. Any declaration made under the 2nd paragraph. This article will remain in force until it expires in accordance with the provisions in it or until three months have elapsed since the Depositary gave written notice of revocation.
4. A new declaration, a notice of revocation or the expiry of a declaration does not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal, unless the parties to the dispute agree otherwise.
5. Subject to the implementation of the 2nd paragraph., If after 12 months following notification by one Party to another that a dispute exists between them, the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1 the dispute shall be submitted, at the request of either party to it, to conciliation.
6. At the request of one of the parties to the dispute, a conciliation commission, which will consist of an equal number of members appointed by each party concerned and a president chosen jointly by the members appointed by each Party be created. The Commission will make a recommendation that the Parties shall consider in good faith.
7. As soon as practicable, the Conference of the Parties Additional procedures relating to conciliation in an annex on conciliation.
8. The provisions of this Article shall apply to any related legal instruments adopted by the Conference of the Parties, unless otherwise provided in the instrument.
ARTICLE 15. AMENDMENTS TO THE CONVENTION.
1. Any Party may propose amendments to the Convention.
2. Amendments to the Convention shall be adopted at an ordinary session of the Conference of the Parties. The secretariat shall notify the Parties the draft amendment at least six months before the meeting at which the approval is proposed. The secretariat likewise communicate proposed amendments to the signatories of the Convention and, for information, to the Depositary.
3. The Parties shall make every effort to reach agreement by consensus on any proposed amendment to the Convention. If all efforts at consensus without reaching an agreement are exhausted, the amendment will be approved, as a last resort, by three-fourths majority of the Parties present and voting at the meeting. The secretariat shall forward the approved amendment to the Depositary, who shall circulate it to all Parties for acceptance.
4. The instruments of acceptance of amendments shall be deposited with the Depositary. Amendments adopted in accordance with paragraph 3o. This article entered into force for the Parties which have accepted them on the ninetieth day after the date on which the Depositary has received instruments of acceptance by at least three fourths of the Parties to the Convention.
5. Amendments shall enter into force for any other Party on the ninetieth day after the date on which they delivered to the Depositary its instrument of acceptance of the amendments.
6. For the purposes of this article, "Parties present and voting" means Parties present and casting an affirmative or negative vote.
ARTICLE 16. ADOPTION AND AMENDMENT OF ANNEXES TO THE CONVENTION.
1. The Annexes to the Convention shall form an integral part thereof and, unless expressly provided otherwise, any reference to the Convention constitutes at the same time a reference to any annexes thereto. Notwithstanding the provisions of paragraph b) of paragraph 2 and paragraph 7 of Article 14, the annexes shall be restricted to lists, forms and any other descriptive material that is of a scientific, technical, procedural or administrative matters.
2. Annexes to the Convention shall be proposed and adopted in accordance with the procedure set out in paragraphs 2, 3 and 4 of Article 15. 3
. An annex that has been adopted in accordance with the provisions of the preceding paragraph shall enter into force for all Parties to the Convention six months after the date on which the Depositary has informed the Parties approved, except for those Parties that have notified the Depositary in writing, within that period of their non-acceptance of the Annex. The annex shall enter into force for Parties which withdraw their notification of non-acceptance on the ninetieth day after the date on which the Depositary has received the withdrawal of the notification.
4. The proposal, adoption and entry into force of amendments to the Annexes to the Convention by the same procedure as for the proposal, adoption and entry into force of the annexes to the Convention in accordance with paragraphs 2 and 3 of this Article shall be governed .
5. If the adoption of an annex or an amendment to an annex, necessary to amend the Convention, the annex or amendment to an annex shall not enter into force until the amendment to the Convention enters into force.
ARTICLE 17. PROTOCOLS.
1. The Conference of the Parties may, at any ordinary session, adopt protocols to the Convention.
2. The secretariat shall notify the Parties the text of any proposed protocol for at least six months before the conclusion of that session.
3. The conditions for the entry into force of the protocol shall be established by that instrument.
4. Only Parties to the Convention may be parties to a protocol.
5. Only Parties to a protocol may take decisions in accordance with that protocol.
ARTICLE 18. RIGHT TO VOTE.
1. Except as provided in paragraph 2 of this article, each Party to the Convention shall have one vote.
2. Regional economic integration organizations, in matters within their competence, exercise their right to vote with a number of votes equal to the number of its Member States that are Parties to the Convention. Such organizations shall not exercise their right to vote if any of its member States exercises theirs and vice versa.
ARTICLE 19. DEPOSITARY. The Secretary General of the United Nations shall be the Depositary of the Convention and of protocols adopted in accordance with Article 17.
ARTICLE 20. SIGNATURE. The present Convention shall be open for signature by Member States of the United Nations or its specialized agencies or that are Parties to the Statute of the International Court of Justice and regional economic integration organizations in Rio de Janeiro, during the Conference United Nations Conference on Environment and Development, and thereafter at United Nations Headquarters in New York from 20 June 1992 to 19 June 1993.
ARTICLE 21. INTERIM PROVISIONS
1. The secretariat functions referred to in Article 8. defogged be provisionally until the Conference of the Parties completed its first session, the secretariat established by the United Nations General Assembly in its resolution 45/212 of 21 December 1990. 2
. The head of the interim secretariat referred to in paragraph 1 above will cooperate closely with the Intergovernmental Panel on Climate Change to ensure that the Group can meet the need for objective scientific and technical advice changes. It will also be available to other competent scientific bodies.
3. The Fund for Global Environment Facility, the United Nations Development Programme, the United Nations Environment Programme and the International Bank for Reconstruction and Development, will be the international entity entrusted on an interim basis of the financial mechanism referred to in Article 11. in this regard, it should be appropriately restructured the fund for the Global Environment and universalizing its composition to enable it to fulfill the requirements of Article 11.
ratification, acceptance, approval or accession.
1. The Convention is subject to ratification, acceptance, approval or accession by States and regional economic integration organizations. It shall remain open for accession from the day following that on which the Convention is closed for signature. The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
2. Regional economic integration organizations that become Parties to the Convention without any of its member States shall be bound by all their obligations under the Convention. In the case of organizations with one or more member states that are Parties to the Convention, the organization and its member states decide on their respective responsibilities for the performance of their obligations under the Convention. In such cases, the organization and the member States shall not exercise simultaneously rights conferred by the Convention.
3. Regional economic integration organizations In their instruments of ratification, acceptance, approval or accession the extent of its competence with respect to matters governed by the Convention. These organizations shall likewise any substantial modification in the extent of its competence to the Depositary, which in turn inform the Parties.
ARTICLE 23. ENTRY INTO FORCE.
1. The Convention will enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession.
2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to it after the deposit of the fiftieth instrument of ratification, acceptance, approval or accession to the Convention, the Convention shall enter into force on the ninetieth day after the date in which the State or organization has deposited its instrument of ratification, acceptance, approval or accession.
3. For the purposes of paragraphs 1 and 2 of this Article, any instrument deposited by a regional economic integration organization shall not count in addition to those deposited by Member States of the organization.
ARTICLE 24. RESERVATIONS. No reservations may be made to the Convention.
ARTICLE 25. DENUNCIATION.
1. Any Party may withdraw from the Convention by giving written notification to the Depositary at any time after three years have elapsed from the date on which the Convention has entered into force for that Party.
2. Denunciation shall take effect after one year from the date on which the Depositary has received the notification or later in the date specified in the notification.
3. It shall be deemed that the Party denouncing the Convention likewise denounces the protocol to which it is party.
ARTICLE 26. AUTHENTIC TEXTS. The original of this Convention, of which the Arabic, Chinese, Spanish, French, Russian and Spanish texts are equally authentic shall be deposited with the Secretary General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.
DONE at New York on May 9
of in 1992. ANNEX I.
Australia Belarus (a)
Belgium Bulgaria (a)
Canada Czechoslovakia ( a)
Denmark Spain United States of America
Russian Federation (a)
Crecia Hungary ( a)
Iceland Ireland Italy
Japan Latvia (a)
Luxembourg New Zealand Norway
Portugal United Kingdom of Great Britain and Ireland Northern
Sweden Switzerland Turkey
Ukraine (a) | || ANNEX II. Germany
Australia Austria Belgium
Canada Denmark European Community
Spain USA Finland
France | Greece Iceland
Ireland Italy Luxembourg
Japan New Zealand Norway
United Kingdom of Great Britain || | and Northern Ireland
Sweden Switzerland Turkey
the undersigned head of the Legal Office of the Ministry
That this reproduction is faithful copy certificate and complete text of the "Framework Convention of the United Nations Climate Change", made in New York on May 9, 1992, which rests on Legal Office of the Ministry.
Given in Bogota, twelve (12) days of the month
August in 1993 (1993).
The Chief Legal Office, MARTHA
HOPE WHEEL MERCHÁN.
PUBLIC POWER EXECUTIVE BRANCH - PRESIDENCY OF THE REPUBLIC
Approved, submit for the consideration of honorable
National Congress for constitutional purposes.
César Gaviria Trujillo Foreign Minister
(Sgd.) RUBIO Noemi Sanin. DECREES
ARTICLE 1A. Approval of the "Framework Convention of the United Nations Climate Change", made in New York on 9 May 1992.
Article 2A. In accordance with the provisions of article 1. 7a Act. 1944. The "Framework Convention of the United Nations Climate Change", made in New York on May 9, 1992, that article 1. of this Act is approved, it will force the country from the date on which perfect the international link regarding the same.
ARTICLE 3A. This Law governs from the date of publication.
The President of the honorable Senate, GUILLERMO JUAN ANGEL MEJIA
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives
BENEDETTI ALVARO VARGAS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
Communicate, publish and execute.
After review by the Constitutional Court,
accordance with Article 241-10
of the Constitution.
Given in Bogota, DC, 27 October 1994.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Minister of Environment,
Cecilia López Montaño. FOOTNOTE
* Titles of articles are included solely to assist the reader.
1. This includes policies and measures adopted by regional economic integration organizations.
(A) Countries that are undergoing transition to a market economy.