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164 OF 1994
(October 27)
Official Journal No. 41,575, October 28, 1994
By means of which the "United Nations Framework Convention on Climate Change" was adopted, in New York on May 9, 1992.
THE CONGRESS OF COLOMBIA,
DECRETA:
Having regard to the text of the "United Nations Framework Convention on Climate Change", made in New York on May 9, 1992.
NATIONS FRAMEWORK CONVENTION
UNITED ON CLIMATE CHANGE
Parties to this Convention,
RECOGNIZING that Earth's climate changes and adverse effects are a common concern of all humanity,
CONCERNED that human activities have been substantially increasing greenhouse gas concentrations in the atmosphere, and because that increase intensifies the natural greenhouse effect, which will result, on average, in the environment. an additional warming of the Earth's surface and atmosphere and may adversely affect natural ecosystems and humanity,
NOTING that, historically and at present, most of the world's greenhouse gas emissions have originated in developed countries, that per capita emissions in developing countries are still relatively small and that the share of total emissions originating in these countries will increase to enable them to meet their social and development needs,
CONSCIOUS of the role and importance of sinks and natural greenhouse gas deposits for terrestrial and marine ecosystems,
NOTING that there are many elements of uncertainty in climate change predictions, particularly in terms of their chronological distribution, magnitude and regional characteristics,
RECOGNISING that the global nature of climate change requires the widest possible cooperation of all countries and their participation in an effective and appropriate international response, in accordance with their common responsibilities, differentiated their respective capabilities and their social and economic conditions,
RECALLING the relevant provisions of the Declaration of the United Nations Conference on the Human Environment, adopted in Stockholm on 16 June 1972,
RECALLING ALSO that States, in accordance with the Charter of the United Nations and the principles of international law, have the sovereign right to exploit their own resources in accordance with their own environmental and environmental policies. development, and the responsibility to ensure that activities within its jurisdiction or under its control do not cause harm to the environment of other States or areas outside the boundaries of national jurisdiction,
REAFFIRMING the principle of the sovereignty of states in international cooperation to address climate change,
RECOGNISING that States should enact effective environmental laws, that standards, management objectives and environmental priorities should reflect the environmental and development context to which they apply, and that the rules applied for some countries may be inadequate and represent an unjustified economic and social cost to 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 the Environment and 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 on the protection of the global climate for present and future
,RECALLING ALSO 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 areas low-lying coastal areas, and the relevant provisions of General Assembly Resolution 44/172 of 19 December 1989 on the implementation of the Action Plan to combat desertification,
RECALLING ALSO the Vienna Convention for the Protection of the Ozone Layer, 1985, and the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, Adjusted and Amended on June 29, 1990,
TAKING NOTE of the Ministerial Declaration of the Second World Climate Conference, approved on November 7, 1990,
CONSCIOUS of the valuable analytical work on climate change that many states are doing and the important contribution of the World Meteorological Organization, the United Nations Environment Programme and other bodies, organisations and bodies of the United Nations system, as well as other international and intergovernmental bodies, for the exchange of the results of scientific research and for the coordination of such research,
RECOGNISING that the necessary measures to understand climate change and to tackle climate change will reach their maximum effectiveness in the environmental, social and economic levels if they are based on the relevant scientific, technical and scientific considerations. economic and are continually revalued in the light of new discoveries in the field,
RECOGNIZING ALSO that various measures to address climate change can be economically justified by themselves and can also help to solve other environmental problems,
RECOGNIZING ALSO the need for developed countries to act immediately flexibly on the basis of clear priorities, as a first step toward comprehensive response strategies at the global, national level, and, when so appropriate, regional, to take into account all greenhouse gases, with due regard to their contributions regarding the intensification of the greenhouse effect,
RECOGNIZING ALSO that low-lying countries and other small island countries, countries with low-lying coastal areas, arid and semi-arid areas, or areas exposed to floods, drought and desertification, and developing countries with fragile mountain ecosystems, are particularly vulnerable to the adverse effects of climate change,
RECOGNISING 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 greenhouse gas emissions,
AFFIRMING that responses to climate change should be coordinated in an integrated way with social and economic development with a view to avoiding adverse effects on the latter, taking full account of legitimate priority needs of developing countries for the achievement of sustained economic growth and the eradication of poverty,
RECOGNISING that all countries, especially developing countries, need access to the resources needed to achieve sustainable economic and social development, and that developing countries, to move towards that goal, They will need to increase their energy consumption, taking into account the possibilities of achieving greater energy efficiency and of controlling greenhouse gas emissions in general, among other things through the implementation of new technologies. technologies under conditions that make such an application economically and socially beneficial,
DETERMINED to protect the climate system for present and future generations,
Have agreed to the following:
For the purposes of this Convention:
1. "adverse effects of climate change" means changes in the physical or biota environment resulting from climate change that have significant adverse effects on composition, recovery capacity or productivity natural or subject-to-management ecosystems, or in the functioning of socio-economic systems, or in human health and well-being.
2. 'Climate change' means a change of climate attributed directly or indirectly to human activity which alters the composition of the global atmosphere and which is in addition to the natural variability of the climate observed during the time period comparable.
3. "Climate system" means the totality of the atmosphere, the hydrosphere, the biosphere and the geosphere, and their interactions.
4. 'Emissions' means the release of greenhouse gases or their precursors into the atmosphere in a specified area and time period.
5. "Greenhouse gases" means those gaseous components of the atmosphere, both natural and anthropogenic, which absorb and reemit infrared radiation.
6. 'Regional economic integration organisation' means an organisation constituted by the sovereign States of a given region which has competence in respect of matters governed by this Convention or its protocols and which has been duly authorised, in accordance with its internal procedures, to sign, ratify, accept and approve the relevant instruments, or to join them.
7. 'deposit' means one or more components of the climate system in which a greenhouse gas or a precursor of a greenhouse gas is stored.
8. 'Sinkhole' means any process, activity or mechanism that absorbs a greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere.
9. "Source" means any process or activity that releases a greenhouse gas, an aerosol or a precursor of a greenhouse gas in the atmosphere.
ARTICLE 2o. OBJECTIVE. The ultimate objective of this Convention and any related legal instrument to be adopted by the Conference of the Parties is to achieve, in accordance with the relevant provisions of the Convention, the stabilization of the concentrations of greenhouse gases in the atmosphere at a level that prevents dangerous anthropogenic interference in the climate system. Such a level should be achieved within a sufficient time to allow ecosystems to adapt naturally to climate change, ensure food production is not threatened and allow economic development to continue in a way sustainable.
ARTICLE 3o. PRINCIPLES. The Parties, in the measures they adopt to achieve the objective of the Convention and implement its provisions, shall, inter alia, guide:
1. The 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 their respective capacities. As a result, the Parties that are developed countries should take the lead in combating climate change and its adverse effects.
2. Full account should be taken of the specific needs and special circumstances of the Parties which are developing countries, especially those which are particularly vulnerable to the adverse effects of climate change and those of those Parties, in particular the Parties which are developing countries, which would have to bear an abnormal or disproportionate burden under the Convention.
3. The Parties should take precautionary measures to provide for, prevent or minimise the causes of climate change and mitigate their adverse effects. Where there is a threat of serious or irreversible damage, the lack of full scientific certainty should not be used as a reason to postpone such measures, taking into account that policies and measures to address climate change should be cost effective in order to ensure global benefits at the lowest possible cost. To this end, these policies and measures should take into account the different socio-economic contexts, be integral, include all relevant sources, sinks and deposits of greenhouse gases and cover all economic sectors. Efforts to address climate change can be carried out in cooperation between the Parties concerned.
4. The Parties have the right to sustainable development and should promote it. Policies and measures to protect the climate system against human-induced change should be appropriate for the specific conditions of each Party and be integrated into national development programmes, taking into account that economic growth is essential for the adoption of measures to address climate change.
5. The Parties should cooperate in the promotion of an open and conducive international economic system conducive to the sustainable economic growth and development of all Parties, particularly Parties that are developing countries, enabling them to cope in a better way with the problems of 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 nature of their national and regional development priorities, their objectives and their circumstances, shall:
(a) Develop, regularly update, publish and facilitate to the Conference of the Parties, in accordance with Article 12, national inventories of anthropogenic emissions from sources and absorption by sinks of all gases greenhouse effect not controlled by the Montreal Protocol, using comparable methodologies to be agreed by the Conference of the Parties;
b) Develop, implement, publish and regularly update national and, as appropriate, regional programmes containing measures aimed at mitigating climate change, taking into account anthropogenic emissions from sources and absorption by the sinks of all greenhouse gases not controlled by the Montreal Protocol and measures to facilitate adequate adaptation to climate change;
c) Promote and support with their cooperation the development, implementation and dissemination, including the transfer, of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases controlled by the Montreal Protocol in all relevant sectors, including energy, transport, industry, agriculture, forestry and waste management;
d) Promote sustainable management and promote and support with its cooperation the conservation and strengthening, as appropriate, of the sinks and deposits of all greenhouse gases not controlled by the Montreal Protocol, including the biomass, forests and oceans, as well as other terrestrial, coastal and marine ecosystems;
e) Cooperating in preparations for adaptation to the impacts of climate change; developing and developing appropriate and integrated plans for the management of coastal areas, water resources and agriculture, and for protection and rehabilitation of areas, particularly in Africa, affected by drought and desertification, as well as by floods;
f) Take into account, as far as possible, climate change considerations in their relevant social, economic and environmental policies and measures and employ appropriate methods, e.g. impact assessments, formulated and determined at national level, with a view to minimising adverse effects on the economy, public health and the quality of the environment, on projects or measures undertaken by the Parties to mitigate or adapt to climate change;
g) Promote and support scientific, technological, technical, socio-economic and other research with their cooperation, the systematic observation and the establishment of data files relating to the climate system, with the aim of to facilitate understanding of the causes, effects, magnitude and chronological distribution of climate change and of the economic and social consequences of the various response strategies and to reduce or eliminate elements of uncertainty that still exists in this respect;
h) Promote and support with their cooperation the full, open and timely exchange of relevant scientific, technological, technical, socio-economic and legal information on the climate system and climate change, and on the economic and social consequences of the different response strategies;
i) Promote and support with their cooperation the education, training and public awareness of climate change and to stimulate the widest possible participation in this process, including that of non-governmental organizations;
(j) Communicate to the Conference of the Parties the information relating to the application in accordance with Article 12.
2. The Parties which are developed countries and the other Parties included in Annex I are specifically committed to the following:
(a) Each of these Parties shall adopt national policies (1) and take appropriate climate change mitigation measures, limiting their anthropogenic greenhouse gas emissions and protecting and enhancing their sinks and greenhouse gas deposits. These policies and measures will demonstrate that developed countries are taking the lead in modifying the longer-term trends in anthropogenic emissions in line with the objective of this Convention, recognising that the return before the end of the current decade, to previous levels of anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol, would contribute to such a change; and taking into account the differences in points of departure and approaches, economic structures and bases of the resources of those Parties, the need to maintain strong and sustainable economic growth, available technologies and other individual circumstances, as well as the need for each of those Parties to contribute in a fair and appropriate to global action for the achievement of this objective. Those Parties may apply such policies and measures in conjunction with other Parties and may assist other Parties to contribute to the objective of the Convention and in particular to the objective of this paragraph;
(b) In order to promote progress towards that end, each of these Parties shall, in accordance with Article 12, submit within six months of the entry into force of the Convention for that Party and periodically thereafter, information details of the policies and measures referred to in point (a), as well as the resulting projections with respect to anthropogenic emissions from sources and absorption by greenhouse gas sinks not controlled by the Montreal Protocol for the period referred to in point (a), for the purpose of to return individually or jointly to 1990 levels those anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol. The Conference of the Parties shall examine this information at its first session and thereafter on a regular basis in accordance with Article 7;
(c) In order to calculate the emissions from sources and the absorption by the greenhouse gas sinks for the purposes of point (b), account shall be taken of the most accurate scientific knowledge available, including those relating to: the effective capacity of sinks and the respective contribution of these gases to climate change. The Conference of the Parties shall examine and agree on the methodologies to be used for such calculations in their first session and regularly thereafter;
(d) The Conference of the Parties shall examine, in its first session, the points (a) and (b) to determine whether they are appropriate. This examination shall be carried out in the light of the most accurate scientific information and evaluations available on climate change and its impact, as well as relevant technical, social and economic information. On the basis of that examination, the Conference of the Parties shall take appropriate measures, which may consist of the adoption of amendments to the commitments provided for in points (a) and (b). The Conference of the Parties shall, at its first session, also take decisions on criteria for the joint implementation referred to in point (a). A second examination of points (a) and (b) shall be carried out not later than 31 December 1998, and then at regular intervals determined by the Conference of the Parties, until the objective of this Convention is reached;
e) Each of these Parties;
i) Coordinate with the other Parties indicated, as appropriate, the relevant economic and administrative instruments developed to achieve the objective of the Convention; and
ii) It will identify and periodically review its own policies and practices that encourage activities that produce levels of anthropogenic emissions of greenhouse gases, not controlled by the Montreal Protocol. of which would normally occur;
(f) The Conference of the Parties shall examine, by 31 December 1998 at the latest, the information available for the adoption of decisions concerning the amendments to be made to the list of Annexes I and II, with the approval of the Interested party;
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 the incites. (a) and (b) above. The Depositary shall inform the other signatories and Parties of the notification.
3. The Parties, which are developed countries and the other developed Parties listed in Annex II, shall provide additional and additional financial resources to cover all agreed expenditure by the Parties which are countries in the development to fulfil its obligations under paragraph 1 of Article 12. They shall also provide the financial resources, including resources for technology transfer, that the Parties that are developing countries need to meet all the agreed additional costs resulting from the transfer of technology. application of the measures provided for in paragraph 1 of this Article and which have been agreed between a Party which is a developing country and the international entity or international entities referred to in Article 11, in accordance with that Article; Article. In implementing these commitments, account will be taken of the need for the flow of funds to be adequate and predictable, and the importance of the proper distribution of the burden between the Parties that are developed countries.
4. The Parties which are developed countries, and the other developed Parties listed in Annex II, shall also assist Parties which are developing countries, particularly vulnerable to the adverse effects of climate change, to address the Parties. costs to be adapted to these adverse effects.
5. The Parties which are developing countries and the other developed Parties listed in Annex II shall take all possible measures to promote, facilitate and finance, as appropriate, the transfer of technologies and know-how environmentally sound, or access to them to other Parties, in particular the Parties which are developing countries, in order to enable them to implement the provisions of the Convention. In this process, the Parties that are developed countries will support the development and enhancement of the endogenous capabilities and technologies of the developing countries. Other Parties and organisations which are in a position to do so may also contribute to facilitate the transfer of such technologies.
6. In the fulfilment of the commitments made under paragraph 2, the Conference of the Parties shall grant a degree of flexibility to the Parties listed in Annex I which are in the process of transition to a market economy. 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 taken as a reference.
7. The extent to which Parties that are developing countries effectively implement their commitments under the Convention will depend on how the Parties that are developed countries effectively implement their commitments. commitments relating to financial resources and technology transfer, and it will be fully taken into account that economic and social development and poverty eradication are the first and essential priorities of the Parties which are countries in development.
8. In implementing the commitments referred to in this Article, the Parties shall examine in depth the measures to be taken under the Convention, including measures relating to the financing, insurance and transfer of funds. technologies, to address the specific needs and concerns of Parties that are developing countries arising from the adverse effects of climate change or the impact of the implementation of response measures, in particular countries following:
a) Small island countries;
b) Countries with low coastal areas;
c) Countries with arid and semi-arid areas, areas with forest cover and areas exposed to forest deterioration;
d) Countries with areas prone to natural disasters;
e) Countries with areas exposed to drought and desertification;
f) Countries with areas of high urban air pollution;
g) Countries with areas of fragile ecosystems, including mountain ecosystems;
(h) Countries whose economies are heavily dependent on revenues generated by the production, processing and export of fossil fuels and associated energy-intensive products, or their consumption;
i) landlocked countries and transit countries.
In addition, the Conference of the Parties may take the necessary measures in relation to this paragraph.
9. The Parties shall take full account of the specific needs and special situations of the least developed countries when taking measures with regard to the financing and transfer of technology.
10. In implementing the Convention's commitments, the Parties shall take into account, in accordance with Article 10, the situation of the Parties, in particular the Parties which are developing countries whose economies are vulnerable to the adverse effects of response measures to climate change. This applies in particular to the Parties whose economies are heavily dependent on revenues generated by the production, processing and export of fossil fuels and associated products of intensive energy, or their consumption, or use. Fossil fuels whose substitution causes serious difficulties for them.
ARTICLE 5o. SYSTEMATIC INVESTIGATION AND OBSERVATION. In carrying out the commitments referred to in paragraph 1 (g) of Article 4, the Parties shall:
(a) Support and further develop, as appropriate, international and intergovernmental programmes and networks or organisations, which aim to define, carry out, evaluate or finance research activities, 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 national scientific and technical research capacity and capacity, particularly in developing countries, and to promote access to data obtained from areas outside the national jurisdiction, as well as the exchange and analysis of such data; and
(c) Take into account the particular needs and concerns of developing countries and cooperate in order to improve their endogenous means and capacities to participate in the efforts referred to in paragraphs (a) and (b).
ARTICLE 6o. EDUCATION, TRAINING AND PUBLIC AWARENESS. By implementing the commitments referred to in paragraph 1 (i). Article 4 (1) the Parties:
(a) Promote and facilitate, at national level and, as appropriate, sub-regional and regional plans, in accordance with national laws and regulations and according to their respective capacity:
i) The elaboration and implementation of education and public awareness programs on climate change and its effects;
ii) Public access to information on climate change and its effects;
iii) The participation of the public in the study of climate change and its effects and in the elaboration of appropriate responses; and
iv) The training of scientific, technical and managerial staff;
(b) Cooperate at international level, and as appropriate, through existing bodies, in the following activities, and promote them:
i) The preparation and exchange of educational material and material aimed at raising public awareness of climate change and its effects; and
ii) the development and implementation of education and training programmes, including the strengthening of national institutions and the exchange or membership of personnel responsible for training experts in this field, in particular for countries in development.
ARTICLE 7o. CONFERENCE OF THE PARTIES.
1. A Conference of the Parties is hereby established.
2. The Conference of the Parties, as the supreme body of this Convention, shall regularly review the implementation of the Convention and any related legal instrument adopted by the Conference of the Parties and, in accordance with its mandate, shall take the 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 established under this Convention, in the light of the objective of the Convention, of the experience gained in its implementation and of the development of the scientific and technical knowledge;
b) Promote and facilitate the exchange of information on measures taken by the Parties to address climate change and its effects, taking into account the different circumstances, responsibilities and capacities of the Parties; and their respective commitments under the Convention;
(c) Facilitate at the request of two or more Parties, the coordination of measures taken by them to address climate change and its effects, taking into account the circumstances, responsibilities and capabilities of the Parties and their respective Parties. commitments under the Convention;
(d) Promote and direct, in accordance with the objective and provisions of the Convention, the development and periodic improvement of comparable methodologies to be agreed by the Conference of the Parties, inter alia, with the object of prepare inventories of greenhouse gas emissions from sources and their absorption by sinks, and to assess the effectiveness of the measures taken to limit emissions and to encourage the absorption of such gases;
e) Evaluate, on the basis of all information provided to it in accordance with the provisions of the Convention, the implementation of the Convention by the Parties, the general effects of the measures adopted under the Convention, in the environmental, economic and social effects, as well as their cumulative effect and the extent to which progress is made towards the achievement of the Convention's objective;
f) Examine and approve regular reports on the implementation of the Convention and arrange for its publication;
g) Make recommendations on any issue necessary for the implementation of the Convention;
(h) Seek to mobilise financial resources in accordance with paragraphs 3o., 4o. and 5o. Article 4 (4) and Article 11;
i) Establish the subsidiary bodies deemed necessary for the implementation of the Convention;
j) Examine the reports submitted by its subsidiary bodies and provide guidelines to those bodies;
k) Agree and approve, by consensus, its financial regulation and regulation, as well as those of subsidiary bodies;
l) Requesting, where appropriate, the services and cooperation of international organizations and competent intergovernmental and non-governmental bodies and shall use the information provided by them; and
m) It shall carry out the other functions necessary to achieve the objective of the Convention, as well as all other functions entrusted to it in the Convention.
3. The Conference of the Parties shall, at its first session, adopt its own rules of procedure and those of the subsidiary bodies established under the Convention, which shall include procedures for the adoption of decisions on matters to which the the procedures for the adoption of decisions laid down in the Convention are not applied. Those procedures may specify the majority necessary for the adoption of certain decisions.
4. The first session of the Conference of the Parties shall be convened by the Interim Secretariat referred to in Article 21 and shall take place no later than one year after the entry into force of the Convention. Thereafter, the regular sessions of the Conference of the Parties shall be held annually, unless the Conference decides otherwise.
5. The extraordinary sessions of the Conference of the Parties shall be held each time the Conference deems it necessary, or where one of the Parties so requests in writing, provided that within six months of the date of the secretariat has transmitted the request to the Parties, receiving the support of at least one third of the Parties.
6. The United Nations, its specialised agencies and the International Atomic Energy Agency, as well as any Member State or any observer of such organisations which are not Parties to the Convention, may be represented in the periods of meetings of the Conference of the Parties as observers. Any other body or body, whether national or international, governmental or non-governmental, competent in matters covered by the Convention and which has informed the Secretariat of its wish to be represented at a session of the Convention. Conference of the Parties as an observer, may be admitted to this quality unless one third of the Parties present is opposed. The admission and participation of observers shall be governed by the regulation approved by the Conference of the Parties.
1. A Secretariat is hereby established.
2. The functions of the Secretariat shall be as follows:
(a) Organise the sessions of the Conference of the Parties and the subsidiary bodies established under the Convention and provide them with the necessary services;
b) Reunite and transmit the reports presented to you;
(c) Provide assistance to the Parties, in particular to the Parties that are developing countries, upon request, at the meeting and transmission of the necessary information in accordance with the provisions of the Convention;
d) Prepare reports on their activities and present them to the Conference of the Parties;
e) Ensure the necessary coordination with the secretariats of the other relevant international bodies;
f) Make the administrative and contractual arrangements that are necessary for the effective performance of their duties, under the general direction of the Conference of the Parties; and
g) To perform the other functions of secretariats specified in the Convention and in any of its protocols, and all other functions to be determined by the Conference of the Parties.
3. The Conference of the Parties shall, at its first session, appoint a permanent secretariat and shall take the necessary measures for its operation.
ARTICLE 9o. SUBSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL ADVICE.
1. A subsidiary body of scientific and technological advice is hereby established to provide to the Conference of the Parties and, as appropriate, to its other bodies (subsidiary bodies, information and advice on the Scientific and technological aspects related to the Convention. This body shall be open to the participation of all Parties and shall be multidisciplinary. It will be made up of representatives of governments with competence in the relevant field of expertise. It shall regularly report to the Conference of the Parties on all aspects of its work.
2. Under the direction of the Conference of the Parties and based on the existing competent international bodies, this body:
a) Provide State assessments 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 technologies and expertise that are innovative, efficient and more advanced and provide advice on ways to promote development or transfer of such technologies;
(d) Provide advice on scientific programmes, on international cooperation on research and on the evolution of climate change, as well as on means of supporting the development of the endogenous capacities of the countries in question. development; and
e) Answers to questions of a scientific, technical and methodological nature that the Conference of the Parties and its subsidiary bodies consider.
3. The Conference of the Parties may further extend the functions and mandate of this body.
ARTICLE 10. SUBSIDIARY ORGAN OF EXECUTION.
1. A subsidiary body responsible for assisting the Conference of the Parties in the assessment and examination of the effective implementation of the Convention is hereby established. This body shall be open to the participation of all Parties and shall be composed of government representatives who are experts on climate change issues. It shall regularly report to the Conference of the Parties on all aspects of its work.
2. Under the direction of the Conference of the Parties, this body:
a) You shall examine the information transmitted in accordance with paragraph 1. Article 12, in order to assess as a whole the added effects of the measures taken by the Parties in the light of the most recent scientific assessments on climate change;
(b) Examine the information transmitted in accordance with paragraph 2 of Article 12, in order to assist the Conference of the Parties in carrying out the examinations provided for in paragraph 2 (d) of Article 4 (2), and
c) Assist the Conference of the Parties, as appropriate, in the preparation and implementation of their decisions:
ARTICLE 11. FINANCING MECHANISM.
1. A mechanism for the provision of financial resources is hereby defined either as a grant or in favour of, inter alia, the transfer of technology. This mechanism shall operate under the direction of the Conference of the Parties and shall be accountable to that Conference, which shall decide its policies, the priorities of its programmes and the criteria of acceptability in relation to this Convention. Its operation shall be entrusted to one or more existing international entities.
2. The financial mechanism shall have a fair and balanced representation of all Parties in the framework of a transparent management system.
3. The Conference of the Parties and the entity or entities to which the functioning of the financial mechanism is entrusted shall agree on the arrangements intended to give effect to the preceding paragraphs, including the following:
(a) Modes to ensure that projects funded to address climate change are in accordance with the policies, priorities of the programmes and the criteria of acceptability established by the Conference of the Parties;
(b) Modes by which a certain financing decision can be reconsidered in the light of these policies, priorities of the programmes and criteria of acceptability;
c) The submission by the entity or entities of periodic reports to the Conference of the Parties on their financing operations, in a manner consistent with the accountability requirement set out in paragraph 1, and
(d) The determination in the foreseeable and identifiable manner of the amount of financing necessary and available for the implementation of this Convention and the conditions under which that amount will be periodically reviewed.
4. The Conference of the Parties shall, in its first session, make arrangements for the application of the preceding provisions, by examining and taking into account the interim arrangements referred to in Article 21 (3), and shall decide whether to have to maintain these interim arrangements. Within the next four years, the Conference of the Parties shall examine the financial mechanism and take appropriate measures.
5. The Parties that are developed countries may also provide, and the Parties that are developing countries may use, financial resources related to the implementation of this Convention through bilateral, regional and other channels. Multilateral pipelines.
ARTICLE 12. TRANSMISSION OF INFORMATION THAT IS USED WITH THE APPLICATION.
1. In accordance with Article 4 (1), each Party shall transmit to the Conference of the Parties, through the Secretariat, the following information elements:
(a) A national inventory, as far as possible, of anthropogenic emissions from sources and the absorption by sinks of all greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies to be promoted and approved by the Conference of the Parties;
b) A general description of the measures that you have taken or intend to take to implement the Convention, and
(c) Any other information that the Party considers relevant for the achievement of the objective of the Convention and fit to be included in its communication, including, if feasible, relevant data for the calculation of the trends of the global emissions.
2. Each of the Parties which are developed countries and each of the other Parties listed in Annex I shall include in their communication the following information elements:
(a) A detailed description of the policies and measures that you have taken to implement your commitment in accordance with paragraph 2 (a) and (b). Article 4 (o);
(b) A concrete estimate of the effects of the policies and measures referred to in paragraph (a) on anthropogenic emissions from their sources and the absorption by their greenhouse gas sinks during the period of time. period referred to in paragraph 2 (a). Article 4 (1)
3. In addition, each Party that is a developed country and each of the other developed Parties listed in Annex II shall include details of the measures taken in accordance with Article 4 (3), (4) and (5).
4. The Parties that are developing countries may voluntarily propose projects for financing, specifying the technologies, materials, equipment, techniques or practices that would be needed to implement these projects, including, be possible, an estimate of all additional costs, reductions in emissions and increase in the absorption of greenhouse gases, as well as an estimate of the consequent benefits.
5. Each Party that is a developing country and each of the other Parties listed in Annex I shall submit an initial communication within six months of the entry into force of the Convention in respect of that Party. Each of the other Parties not listed in that list shall submit an initial communication within three years from the entry into force of the Convention in respect of that Party or the availability of financial resources in accordance with the Convention. Paragraph 3. Article 4 (1) Parties belonging to the group of the least developed countries may present the initial communication at their discretion. The Conference of the Parties shall determine the frequency of subsequent communications of all Parties, taking into account the different deadlines set out in this paragraph.
6. The information submitted by the Parties in accordance with this Article shall be transmitted by the Secretariat, as soon as possible, to the Conference of the Parties and the corresponding subsidiary bodies. The Conference of the Parties may, if necessary, review the procedures for the communication of information.
7. From its first session, the Conference of the Parties shall take steps to provide technical and financial assistance to the Parties which are developing countries, at their request, for the purpose of collecting and presenting information with This Article, together with the technical and financial needs associated with the proposed projects and the response measures under Article 4 (o), are to be determined. Such assistance may be provided by other Parties, by competent international organisations and by the Secretariat, as appropriate.
8. Any group of Parties may, subject to the guidelines adopted by the Conference of the Parties and prior notification to the Conference of the Parties, present a joint communication in compliance with the obligations incumbent upon it. virtue of this Article, provided that such communication includes information on the fulfilment by each of those Parties of their individual obligations under this Convention.
9. The information received by the Secretariat and which is classified as confidential by the Party that presents it, in accordance with criteria to be established by the Conference of the Parties, shall be compiled by the Secretariat in such a way as to protect its character confidential, before making it available to any of the bodies involved in the transmission and examination of the information.
10. Subject to paragraph 9o., and without prejudice to the faculty of either Party to make its communication Public at any time, the Secretariat shall make public the communications of the Parties pursuant to this Article at the time when are presented to the Conference of the Parties.
ARTICLE 13. RESOLUTION OF ISSUES RELATED TO THE IMPLEMENTATION OF THE CONVENTION. At its first session, the Conference of the Parties shall consider the establishment of a multilateral consultative mechanism, which may be used by the Parties, if they so request, for the resolution of issues related to the application of the Convention.
ARTICLE 14. DISPUTE SETTLEMENT.
1. In the event of a dispute between two or more Parties on the interpretation or application of the Convention, the Parties concerned shall seek to remedy it by negotiation or any other peaceful means of their choice.
2. By ratifying, accepting or approving the Convention or by joining it, or at any time thereafter, any Party other than a regional economic integration organization may declare in a written instrument presented to the Convention. Depositary which recognises as mandatory 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) the submission of the controversy to the International Court of Justice, or
(b) Arbitration in accordance with the procedures that the Conference of the Parties shall establish, as soon as practicable, in an annex to the arbitration.
A Party that is a regional economic integration organization may make a statement with similar effect in relation to the arbitration in accordance with the procedures referred to in point (b).
3. Any statement made pursuant to paragraph 2o. of this Article shall remain in force until its expiry in accordance with the provisions of this Article or until three months have elapsed since the written notification of its revocation was given to the Depositary.
4. Any new declaration, any notice of revocation or the expiration of the declaration shall not in any way affect proceedings pending before the International Court of Justice or the court of arbitration, unless the Parties to the Controversy convinces in something else.
5. Subject to the application of paragraph 2, if, after 12 months from the notification by one Party to another of the existence of a dispute between them, the Parties concerned have not been able to settle their dispute by means of referred to in paragraph 1, the dispute shall be submitted, at the request of either Party, to conciliation.
6. At the request of one of the Parties to the dispute, a conciliation committee shall be set up, consisting of an equal number of members appointed by each Party concerned and a chairperson elected jointly by the members appointed by each Party. Part. The Commission shall make a recommendation which the Parties shall consider in good faith.
7. As soon as practicable, the Conference of the Parties shall establish additional procedures relating to the conciliation in an annex on conciliation.
8. The provisions of this Article shall apply to any related legal instrument adopted by the Conference of the Parties, unless otherwise provided in the instrument.
ARTICLE 15. AMENDMENTS TO THE CONVENTION.
1. Either 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 text of the draft amendment shall be communicated to the Parties by the Secretariat at least six months before the meeting at which the approval is proposed. The Secretariat shall also communicate the draft amendments to the signatories to the Convention and, for information, to the Depositary.
3. The Parties shall endeavour to reach agreement by consensus on any draft amendment to the Convention. If all possibilities of obtaining consensus are exhausted, without reaching an agreement, the amendment will be approved, as a last resort, by a three-quarter majority of the Parties present and voters at the meeting. The Secretariat shall communicate the approved amendment to the Depositary, which shall make it reach all Parties for acceptance.
4. The instruments of acceptance of the amendments shall be submitted to the Depositary. The amendments adopted in accordance with paragraph 3. of this Article shall enter into force, for the Parties which have accepted them, to the ninetieth day from the date on which the Depositary has received instruments of acceptance from at least three quarters of the Parties to the Convention.
5. The amendments shall enter into force for the other Parties on the ninetieth day from the date on which they have given the instrument of acceptance of the amendments to the Depositary.
6. For the purposes of this article, "Parties present and voters" means Parties present that cast an affirmative or negative vote.
ARTICLE 16. ADOPTION AND AMENDMENT OF THE ANNEXES TO THE CONVENTION.
1. The Annexes to the Convention shall form an integral part of the Convention and, unless otherwise expressly provided, any reference to the Convention shall at the same time be a reference to any of its Annexes. Without prejudice to the provisions of paragraph 2 (b) and Article 14 (7), the Annexes may include lists, forms and any other descriptive material dealing with scientific, technical, procedural or scientific matters. administrative.
2. The Annexes to the Convention shall be proposed and adopted in accordance with the procedure laid down in Article 15 (2), (3) and (4).
3. Any Annex which has been approved 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 communicated to the Parties its approval, with the exception of of the Parties which have notified the Depositary in writing, within that period, of their non-acceptance of the Annex. The Annex shall enter into force for the Parties which have withdrawn their notification of non-acceptance, on the ninetieth day from the date on which the Depositary has received the withdrawal of the notification.
4. The proposal, approval and entry into force of amendments to the Annexes to the Convention shall be governed by the same procedure as is applicable to the proposal, approval and entry into force of the Annexes to the Convention, in accordance with paragraphs 2 and 3 of this article.
5. If to approve an annex, or an amendment to an annex, it is 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.
1. The Conference of the Parties may, at any regular session, approve protocols to the Convention.
2. The Secretariat shall communicate to the Parties the text of any draft protocol 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 will be able to make decisions in accordance with that protocol.
1. Subject to the provisions of paragraph 2 of this Article, each Party shall have one vote in the Convention.
2. Regional economic integration organisations shall exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to the Convention in matters of their competence. Such organisations shall not exercise their voting rights if any of their Member States exercises their right, and vice versa.
ARTICLE 19. DEPOSITARY. The Secretary-General of the United Nations shall be the Depositary of the Convention and of the protocols approved in accordance with Article 17.
ARTICLE 20. FIRST. This Convention shall be open to the signature of the Member States of the United Nations or of a specialized agency or which are Parties to the Statute of the International Court of Justice and regional organizations of economic integration in Rio de Janeiro, during the United Nations Conference on Environment and Development, and subsequently at the United Nations Headquarters in New York from 20 June 1992 to 19 June 1993.
ARTICLE 21. PROVISIONAL PROVISIONS.
1. The functions of the secretariat referred to in Article 8o. shall be provisionally concluded, until the Conference of the Parties ends its first session, by the Secretariat established by the General Assembly of the United Nations in its Resolution 45/212 of 21 December 1990.
2. The head of the provisional secretariat referred to in paragraph 1 shall cooperate closely with the intergovernmental group on climate change in order to ensure that the group can meet the need for scientific advice and technical objective. Other competent scientific bodies may also be consulted.
3. The 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 in charge of provisional title of the functioning of the financial mechanism referred to in Article 11. In this respect, the fund for the Global Environment should be properly restructured, and its composition universal, in order to enable it to meet the requirements of Article 11.
ARTICLE 22. RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION.
1. The Convention shall be subject to ratification, acceptance, approval or accession by States and regional economic integration organisations. It shall be open for accession from the day following the date on which the Convention is closed to the signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
2. Regional economic integration organisations which become Parties to the Convention without any of their Member States being party to the Convention shall be subject to all the obligations incumbent upon them under the Convention. In the case of organisations which have one or more Member States which are Parties to the Convention, the organisation and its Member States shall determine their respective responsibility for the fulfilment of the obligations incumbent upon them under the Convention. of the Convention. In such cases, the organisation and the Member States may not exercise the rights conferred by the Convention at the same time.
3. Regional economic integration organisations shall express in their instruments of ratification, acceptance, approval or accession the scope of their competence in respect of matters governed by the Convention. Those organisations shall also communicate any substantial changes in the scope of their competence to the Depositary, which shall in turn communicate it to the Parties.
1. The Convention shall enter into force on the ninetieth day from the date on which the fiftieth instrument of ratification, acceptance, approval or accession has been deposited.
2. With respect to each State or regional economic integration organization that ratifies, accepts or approves the Convention or adheres to it once the fiftieth instrument of ratification, acceptance, approval or accession has been deposited, the Convention shall enter into force on the ninetieth day from the date on which the State or the organisation has deposited its instrument of ratification, acceptance, approval or accession.
3. For the purposes of paragraphs 1 and 2 of this Article, the instrument depositing a regional economic integration organisation shall not be counted in addition to those deposited by the Member States of the organisation.
ARTICLE 24. RESERVATIONS. No reservations may be made to the Convention.
1. Any Party may denounce the Convention, upon written notification to the Depositary, at any time after three years after the date on which the Convention has entered into force with respect to that Convention. Part.
2. The complaint shall take effect after a year from the date on which the Depositary has received the relevant notification or, at the latest, on the date indicated in the notification.
3. The Party reporting the Convention shall be deemed to have denounced the protocols in which it is a Party.
ARTICLE 26. AUTHENTIC TEXTS. The original of this Convention, whose texts in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, shall be deposited with the Secretary-General of the United Nations.
IN TESTIMONY OF WHICH the undersigned, duly authorized for that purpose, have signed this Convention.
MADE in New York on May 9
of a thousand nine hundred and ninety-two.
Germany
Australia
Austria
Belarus (a)
Belgium
Bulgaria (a)
Canada
European Community
Czechoslovakia (a)
Denmark
Spain
United States of America
Estonia (a)
Russian Federation (a)
Finland
France
Growing
Hungary (a)
Ireland
Iceland
Italy
Japan
Latvia (a)
Lithuania (a)
Luxembourg
Norway
New Zealand
Netherlands
Poland (a)
Portugal
United Kingdom of Great Britain and Northern Ireland
Romania (a)
Sweden
Switzerland
Turkey
Ukraine (a)
Germany
Australia
Austria
Belgium
Canada
European Community
Denmark
Spain
United States of America
Finland
France
Greece
Ireland
Iceland
Italy
Japan
Luxembourg
Norway
New Zealand
Netherlands
Portugal
United Kingdom of Great Britain
and Northern Ireland
Sweden
Switzerland
Turkey
The head of the Legal Office
of the Ministry of Foreign Affairs
CERTIFIES:
That the present reproduction is a faithful and integral photocopy of the certified text of the "United Nations Framework Convention on Climate Change", made in New York on May 9, 1992, which rests in the Legal Office of this Ministry.
Dada en Santafe de Bogota, 12 (12) days of the month
of August of a thousand nine hundred and ninety-three (1993).
Chief Legal Officer,
MARTHA ESPERANZA RUEDA MERCHAN.
EXECUTIVE BRANCH OF THE PUBLIC POWER-PRESIDENCY OF THE REPUBLIC
Santafe de Bogota, D.C.,
Approved, subject to honorable consideration
National Congress of the Republic for Constitutional Effects.
(Fdo.) CESAR GAVIRIA TRUJILLO
The Foreign Minister
(Fdo.) NOEMI SANIN DE RUBIO.
DECRETA:
ARTICLE 1A. Atest the "United Nations Framework Convention on Climate Change", made in New York on May 9, 1992.
ARTICLE 2A. In accordance with the provisions of Article 1o. of Law 7a. of 1944. The "United Nations Framework Convention on Climate Change", which was made in New York on 9 May 1992, as provided for in Article 1. of this Law is approved, will force the country from the date on which it perfects the international link with respect to it.
ARTICLE 3A. This Law governs from the date of its publication.
The President of the honorable Senate of the Republic,
JUAN GUILLERMO ANGEL MEJIA.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
ALVARO BENEDETTI VARGAS.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
COLOMBIA-NATIONAL GOVERNMENT
Contact, publish, and execute.
Upon review by the Constitutional Court,
as provided for in article 241-10
of the Political Constitution.
Dada en Santafe de Bogota, D.C., on October 27, 1994.
ERNESTO SAMPER PIZANO
The Foreign Minister,
RODRIGO PARDO GARCIA-PENA.
The Minister of the Environment,
CECILIA LOPEZ MONTANO.
* The titles of the items are included exclusively to orient the reader.
1. This includes policies and measures taken by regional economic integration organisations.
(a) Countries that are in the process of transitioning to a market economy.
