Through Which The "kyoto Protocol Of The Framework Convention Of The United Nations Climate Change" Is Approved, Adopted In Kyoto On December 11, 1997

Original Language Title: Por medio de la cual se aprueba el "Protocolo de Kyoto de la Convención Marco de las Naciones Unidas sobre el Cambio Climático", hecho en Kyoto el 11 de diciembre de 1997

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ACT 629 OF 2000
(December 27)
Official Gazette No. 44272 of December 27, 2000
Through which the "Kyoto Protocol of the Framework Convention of the United Nations approved on Climate Change ", adopted in Kyoto on 11 December 1997. Summary

Term Notes
THE CONGRESS OF COLOMBIA
having regard to the text of the "Kyoto Protocol of the Framework Convention of the United Nations Climate Change", adopted in Kyoto on 11 December 1997.
(To be transcribed: photocopy of the full text of that instrument) is attached.
KYOTO PROTOCOL TO THE FRAMEWORK CONVENTION
UNITED NATIONS ON CLIMATE CHANGE
The Parties to this Protocol,
Being Parties to the Framework Convention of the United Nations Climate Change, hereinafter "the Convention"
pursuit of the ultimate objective of the Convention as stated in Article 2
Recalling the provisions of the Convention,
guided by Article 3 of the Convention, Pursuant
Berlin mandate adopted by decision 1 / CP.1 of the Conference of the Parties to the Convention at its first session,
have agreed as follows: Article 1.

for the purposes of this Protocol, the definitions contained in Article 1 of the Convention shall apply. In addition:
1. "Conference of the Parties" means the Conference of the Parties to the Convention.
2. "Convention" means the Framework Convention of the United Nations on Climate Change, adopted in New York on 9 May 1992. 3
. By "Intergovernmental Panel on Climate Change" means the Intergovernmental Panel on Climate Change jointly established by the World Meteorological Organization and the United Nations Environment Programme in 1988.
4. By "Montreal Protocol" means the Montreal Protocol on Substances that Deplete the Ozone Layer adopted in Montreal on 16 September 1987 and as subsequently adjusted and amended.
5. "Parties present and voting" means Parties present and casting an affirmative or negative vote.
6. "Party" means, unless the context otherwise indicates, reveals a Party to this Protocol.
7. "Party included in Annex I" means a Party included in Annex I of the Convention, amendments that may be subject, or a Party which has made a notification under subsection g) of paragraph 2 Article 4 of the Convention.
ARTICLE 2.

1. In order to promote sustainable development, each Party included in Annex I, in achieving its quantified emission limitation and reduction of emissions incurred under Article 3:
a) Implement and / or further elaborate policies and measures in accordance with its national circumstances, such as the following:
i) promoting energy efficiency in relevant sectors of the national economy;
Ii) protection and enhancement of sinks and reservoirs of greenhouse gases not controlled by the Montreal Protocol, taking into account its commitments under relevant international agreements on the environment: promoting sustainable management practices forestry, afforestation and reforestation;
Iii) promoting sustainable in light of climate change considerations agricultural modalities;
Iv) research, promotion, development and increased use of new and renewable energy technologies and carbon sequestration of advanced and innovative technologies that are environmentally sound dioxide forms;
V) Progressive reduction or phasing out of market imperfections, fiscal incentives, tax and duty exemptions and subsidies that are contrary to the objective of the Convention in all sectors emitting greenhouse gases and implementing instruments market;
Vi) Encouragement of appropriate reforms in relevant sectors aimed at promoting policies and measures which limit or reduce emissions of greenhouse gases not controlled by the Montreal Protocol;
Vii) Measures to limit and / or reduce emissions of greenhouse gases not controlled by the Montreal Protocol in the transport sector;
Viii) Limitation and / or reduction of methane emissions through recovery and use in waste management as well as production, transport and distribution of energy;

B) Cooperate with other Annex I Parties to enhance the individual and combined effectiveness of policies and measures adopted under this Article in accordance with paragraph i) of paragraph e) of paragraph 2 of Article 4 of the Convention. To this end, these Parties shall exchange experience and information on such policies and measures, including developing ways of improving their comparability, transparency and effectiveness. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session or as soon as practicable thereafter, consider ways to facilitate such cooperation, taking into account all relevant information.
2. Parties included in Annex I shall pursue limitation or reduction of emissions of greenhouse gases not controlled by the Montreal Protocol generated by fuels from international aviation and maritime transport, working through the International Civil Aviation Organization and the International Maritime Organization International, respectively.
3. Parties included in Annex I shall strive to implement policies and measures referred to in this Article in such a way as to minimize adverse effects, including the adverse effects of climate change, effects on international trade and social impacts , environmental and economic impacts on other Parties, especially those Parties that are developing countries and particularly those identified in paragraphs 8 and 9 of Article 4 of the Convention, taking into account the provisions of Article of the Convention. The Conference of the Parties serving as the meeting of the Parties to this Protocol may take further action, as appropriate, to promote compliance with the provisions of this paragraph.
4. If considered beneficial to coordinate any of the policies and measures in paragraph a) of paragraph 1 above, the Conference of the Parties serving as the meeting of the Parties to this Protocol, taking into account different national circumstances and potential effects will examine ways and means of organizing the coordination of such policies and measures.
ARTICLE 3.

1. Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic emissions, expressed in carbon dioxide equivalent of greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated depending on the quantified emission limitation and reduction of emissions inscribed in Annex B and in accordance with the provisions of this Article, with a view to reducing their overall emissions of such gases at a lower level not less of 5% to 1990 in the commitment period between 2008 and 2012.
2. Each of the Parties included in Annex I shall be able to demonstrate by 2005 a concrete step forward in fulfilling its commitments under this Protocol.
3. The net changes in emissions by sources and removals by sinks of greenhouse gases which are due to direct human activity with the change of land use and forestry, limited to afforestation, reforestation and deforestation since 1990, calculated as verifiable changes in each commitment period in carbon will be used for the purpose of fulfilling the commitments of each Party included in Annex I under this Article. It will be informed of emissions by sources and removals by sinks of greenhouse gases that are related to these activities in a transparent and verifiable manner and reviewed in accordance with the provisions of Articles 7 and 8.

4. Before the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol, each Party included in Annex I shall submit to the Subsidiary Body for Scientific and Technological Advice for consideration, data to establish its level of carbon stocks corresponding to 1990 and estimate variations that level in subsequent years. At its first session or as soon as practicable thereafter, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall determine the modalities, rules and guidelines on how to add or subtract the amounts attributed to Annex I Parties additional human-induced activities related to changes in emissions by sources and removals by sinks of greenhouse gases in the categories of agricultural land and use change and forestry activities and the activities have to add or subtract, taking into account uncertainties, transparency in reporting, verifiability, the methodological work of the Intergovernmental Panel on Climate Change, the advice provided by the Subsidiary Body for Scientific and Technological advice in accordance Article 5 and the decisions of the Conference of the Parties. Such a decision shall apply in the periods of second and subsequent commitment. A Party may choose to apply such a decision on these additional human-induced activities for its first commitment period, provided that these activities have taken place since 1990.
5. Parties included in Annex I undergoing the process of transition to a market economy and have set their base year or period under decision 9 / CP.2 of the Conference of the Parties at its second session with session, shall use that base year or period to fulfill its commitments under this article. Any other Party included in Annex I that are in transition to a market economy and has not yet submitted its first national communication under Article 12 of the Convention may also notify the Conference of the Parties serving as the meeting of the Parties to the this Protocol intends to use a historical year or base period other than 1990 to fulfill its commitments under this article. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide on the acceptance of such notification.
6. Taking into account the provisions of paragraph 6 of Article 4 of the Convention, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall allow a degree of flexibility to Annex I Parties that are in transition to a market economy to fulfill its commitments under this Protocol, other than those provided for in this article.
7. In the first period of quantified commitment to limitation and reduction of emissions from 2008 to 2012, the assigned amount for each Party included in Annex I shall be equal to the percentage inscribed for it in Annex B of its aggregate anthropogenic carbon expressed dioxide equivalent emissions of the greenhouse gases listed in Annex a in 1990, or a year or period determined basis pursuant to paragraph 5 above, multiplied by five. To calculate the amount to be attributed to them, the Annex I Parties to which the change in land use and forestry constituted a net source of emissions, greenhouse in 1990 included in its base year 1990 or base period aggregate anthropogenic emissions by sources, expressed in carbon dioxide equivalent, minus removals by sinks in 1990 due to the change of land use.
8. Any Party included in Annex I may use 1995 as its base year for hydrocarbons, perfluorocarbons and sulfur hexafluoride for calculation in paragraph 7 above concerns.
9. The commitments of the Parties included in Annex I for the following periods shall be established in amendments to Annex B to this Protocol to be adopted in accordance with paragraph 7 of Article 21. The Conference of the Parties serving as the meeting Parties to this protocol begin consideration of such commitments at least seven years before the end of the first commitment period in paragraph 1 above concerns.

10. Any emission reduction unit, or any part of an assigned amount, which a Party acquires accordance with Article 6 or Article 17 shall be added to the assigned amount for the acquiring Party.
11. Any emission reduction unit, or any part of an assigned amount, which a Party transfers to another Party in accordance with the provisions of Article 6 or Article 17 shall be deducted from the amount allocated to the transferring Party.
12. Any unit of certified emission reductions which a Party acquires from another Party in accordance with the provisions of Article 12 shall be added to the assigned amount for the acquiring Party.
13. If a commitment period emissions of a Party included in Annex I are below the assigned amount under this Article, the difference shall, on request of that Party, the amount attributed to that Party for future commitment periods.
14. Each Party included in Annex I shall strive to implement the commitments mentioned in paragraph 1 above so as to minimize adverse social, environmental and economic implications for Parties that are developing countries, particularly those identified in paragraphs 8 and 9 of Article 4 of the Convention. In line with relevant decisions of the Conference of the Parties on the implementation of those paragraphs. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session the measures necessary be taken to minimize the adverse effects of climate change and / or the impact of the implementation of measures response to the Parties mentioned in those paragraphs. Among the issues such as financing, insurance and technology transfer will be studied.
Article 4.

1. Shall be deemed to Parties included in Annex I that have reached an agreement to fulfill their commitments jointly under Article 3 have complied with these commitments if the sum total of their aggregate anthropogenic emissions, expressed in carbon dioxide equivalent, of greenhouse gases listed in Annex a do not exceed the assigned amounts, calculated on the basis of the quantified emission limitation and reduction of emissions inscribed in Annex B and in accordance with the provisions of Article 3. in the agreement the respective emission level allocated to each of the parties to the agreement shall be entered.
2. The Parties to any such agreement shall notify the secretariat of the content of the agreement on the date of deposit of their instruments of ratification, acceptance or approval of this Protocol or accession thereto. The Secretariat in turn inform the Parties and signatories to the Convention the content of the agreement.
3. All such agreement shall remain in force for the duration of the commitment period specified in paragraph 7 of Article 3.
4. If Parties acting jointly do so in the framework of a Regional Economic Integration Organisation and with it, any change in the composition of the organization after adoption of this Protocol shall not affect existing commitments under this Protocol. Any change in the composition of the organization shall only apply for the purposes of those commitments under Article 3 that are adopted subsequent to that alteration.
5. If the parties to such an agreement to achieve their total combined level of emission reductions set for them, each of the parties to that agreement shall be responsible for its own level of emissions set out in the agreement.
6. If Parties acting jointly do so in the context of a regional economic integration organization that is a party to this Protocol and with it, every member of that regional economic integration organization, individually state and together with the regional organization economic integration, in accordance with Article 24, shall be liable, if the level is not achieved total combined emissions reduction, the level of their own emissions reported under this Article.

Article 5.

1. Each Party included in Annex I shall not later than one year before the start of the first commitment period, a national system for the estimation of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol. The Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session the guidelines for such national systems, which shall incorporate the methodologies specified in paragraph 2 below.
2. Methodologies for estimating anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties at its third session. Where such methodologies are not used, appropriate adjustments according to methodologies agreed upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session will be introduced. Based on the work of the Intergovernmental Panel on Climate Change, in particular, and on the advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review and, as appropriate, revise such methodologies and adjustments, taking fully into account the decisions to be taken by the Conference of the Parties. Any revision to methodologies or adjustments shall be used only for the purpose of determining whether the commitments under Article 3 be adopted for a period subsequent to that revision.
3. The global warming potentials that are used to calculate the equivalent in carbon anthropogenic emissions dioxide emissions by sources and removals by sinks of greenhouse gases listed in Annex A shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties at its third session. Based on the work of the Intergovernmental Panel on Climate Change, in particular, and on the advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review and, as appropriate, revise the global warming potential of each such greenhouse gas, taking fully into account the decisions to be taken by the Conference of the Parties. Any revision to a global warming potential shall apply only to commitments under Article 3 shall be established for a period subsequent to that revision.
Article 6.

1. For the purposes of meeting commitments under Article 3, any Party included in Annex I may transfer to any other such Party, or acquire from, the units of emission reductions resulting from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy, subject to the following:
a) any such project must be approved by the Parties involved;
B) Any such project provides a reduction in emissions by sources, or an enhancement of removals by sinks, that is additional to any reduction or other increases that would result from the project not be realized;
C) It does not acquire any emission reduction units if it has not complied with its obligations under Articles 5 and 7; and
d) The acquisition of emission reduction units shall be supplemental to domestic actions for the purpose of meeting its commitments under Article 3
2. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session or as soon as possible thereafter, further elaborate guidelines for the implementation of this Article in particular the effects of verification and reporting.

3. A Party included in Annex I may authorize legal entities to participate, under the responsibility of that Party, in actions leading to the generation, transfer or acquisition under this Article of emission reduction units.
4. If, in accordance with the relevant provisions of Article 8 any question of compliance is raised by a Party included in Annex I of the requirements referred to in this Article, the transfer and acquisition of units of emission reduction may continue after the question has been, but no Party may use such units to meet its commitments under Article 3 until any issue of compliance is resolved.
Article 7.

1. Each of the Parties included in Annex I shall incorporate in its annual inventory of anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol, submitted in accordance with relevant decisions of the Conference of the Parties, the necessary supplementary information for the purposes of ensuring compliance with Article 3, to be determined in accordance with paragraph 4 below.
2. Each of the Parties included in Annex I shall incorporate in which this national communication in accordance with Article 12 of the Convention, the supplementary information necessary to demonstrate compliance with its commitments under this Protocol, to be determined in accordance with paragraph 4 below.
3. Each of the Parties included in Annex I shall submit the information requested in paragraph 1 above annually, beginning with the first inventory due under the Convention for the first year of the commitment period after the entry into force of this Protocol for that Party. Each such Party shall submit the information requested in paragraph 2 above as part of the first national communication due under the Convention after this Protocol has entered into force for that Party and have been adopted guidelines to that paragraph 4 below refers. The frequency of subsequent submission of information required under this Article shall be determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol, taking into account any timetable for the submission of national communications decided upon by the Conference of the Parties.
4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its first session, and review periodically thereafter, guidelines for the preparation of the information required under this Article, taking into account the guidelines for the preparation of national communications from Parties included in Annex I adopted by the Conference of the Parties. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall also decide before the first commitment period modalities for the accounting of assigned amounts.
Article 8.

1. The information submitted under Article 7 by each Party included in Annex I shall be reviewed by teams of experts in compliance with the relevant decisions of the Conference of the Parties and in accordance with guidelines adopted for this purpose the Conference of the Parties serving as the meeting of the Parties to this Protocol in accordance with paragraph 4 below. The information submitted under paragraph 1 of Article 7 by each Party included in Annex I shall be reviewed as part of the annual compilation of inventories and assigned amounts of emissions and related accounting. In addition, the information submitted under paragraph 2 of Article 7 by each Party included in Annex I shall be under the consideration of communications.
2. Review teams will be coordinated by the secretariat and shall be composed of experts selected from those nominated by Parties to the Convention and, as appropriate, by intergovernmental organizations, in accordance with guidance provided for this purpose by the Conference of the Parties.

3. The review process shall provide a thorough and comprehensive technical assessment of all aspects of the implementation of this Protocol by a Party. The teams of experts draw up a report to the Conference of the Parties serving as the meeting of the Parties to this Protocol, which will assess the fulfillment of the commitments of the Party and identifying any potential problems with it, and factors that influencing, the fulfillment of commitments.
The secretariat will circulate the report to all Parties to the Convention.
The secretariat shall list for further consideration by the Conference of the Parties serving as the meeting of the Parties to this Protocol issues related to the application being indicated in such reports.
4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its first session, and review periodically thereafter, guidelines for the review of the implementation of this Protocol by teams of experts, taking into account the decisions relevant to the Conference of the Parties.
5. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, with the assistance of the Subsidiary Body for Implementation and, as appropriate, the Subsidiary Body for Scientific and Technological Advice, consider:
a) The information submitted by Parties under Article 7 and the reports of the tests thereon conducted experts in accordance with this Article; and
b) Issues related to the implementation listed by the secretariat under paragraph 3 above, as well as any questions raised by Parties.
6. Having considered the information referred to in paragraph 5 above, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take decisions on any matter necessary for the implementation of this Protocol.
Article 9.

1. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically review this Protocol in the light of the information and more accurate scientific studies are available on climate change and its impacts and technical information, social and relevant economic. This test is done in coordination with other relevant reviews under the Convention, including those required by paragraph d) of paragraph 2 of Article 4 and paragraph a) of paragraph 2 of Article 7 of the Convention. Based on this review, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take appropriate action.
2. The first review will take place at the second session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The following will be conducted periodically and timely manner.


ARTICLE 10. All Parties, taking into account their common but differentiated responsibilities and priorities, objectives and circumstances of their national and regional development, without introducing any new commitments for Parties not included in Annex I but reaffirming existing commitments under paragraph 1 of Article 4 of the Convention, and continuing to advance the implementation of these commitments in order to achieve sustainable development, taking into account the provisions of paragraphs 3, 5 and 7 of Article 4 of the Convention:
a) Formulate, where relevant and to the extent possible, a national and, where appropriate, regional programs to improve the quality of emission factors, activity data and / or local models that are effective in relation to the cost and reflect the socioeconomic conditions of each Party for the implementation and periodic updating of national inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Protocol Montreal, using comparable methodologies to be agreed by the Conference of the Parties and in accordance with the guidelines for the preparation of national communications adopted 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 and measures to facilitate adequate adaptation to climate change;

I) Such programs would, inter alia, with the sectors of energy, transport and industry as well as agriculture, forestry and waste management. Moreover, through adaptation technologies and methods for improving spatial planning would improve adaptation to climate change; and
ii) Parties included in Annex I shall submit information on measures taken under this Protocol, including national programs, in accordance with article 7. and other parties seek to include in their national communications, as appropriate, information on programs which contain measures that the Party believes contribute to addressing climate change and its adverse impacts, including measures to limit the increase in gas emissions greenhouse and increase removals by sinks, measures of capacity building and adaptation measures;
C) Co-operate in the promotion of effective modalities for the development, implementation and dissemination of technologies. specialized knowledge, practices and environmentally sound processes in relation to climate change and take all practicable steps to promote, facilitate and finance, as appropriate measures, the transfer of, or access to them, particularly for the benefit of countries development, including the formulation of policies and programs for the effective transfer of environmentally sound technologies that are publicly owned or in the public domain and the creation in the private sector an enabling climate for promoting the transfer of environmentally sound technologies and access to these;
D) Cooperate in scientific and technical research and promote the maintenance and development of systematic observation systems and creating data files to reduce uncertainties related to the climate system, the adverse impacts of climate change and the economic consequences and social of various response strategies, and promote the development and strengthening of the capacities and capabilities to participate in activities, programs and international and intergovernmental networks on research and systematic observation, taking into account the provisions of article 5 . of the Convention;
E) cooperate at the international level, and, where appropriate, existing bodies, the development and implementation of education and training programs, including the strengthening of national capacity building, in particular human and institutional capacity, and the exchange or secondment of personnel to train experts in this field, particularly for developing countries, and promote such activities and facilitate at the national level public awareness of information on climate change and public access to this. They shall establish appropriate measures to implement these activities through the relevant bodies of the Convention modalities, taking into account the provisions of Article 6. of the Convention;
F) Include in their national communications information on programs and activities undertaken pursuant to this Article in accordance with relevant decisions of the Conference of the Parties; and
g) In fulfilling the commitments under this Article full consideration, in paragraph 8 of Article 4. of the Convention.
Article 11.

1. In applying Article 10 Parties shall take into account the provisions of paragraphs 4, 5, 7, 8 and 9 of Article 4. of the Convention.
2. In the context of the implementation of paragraph 1o. of Article 4. of the Convention, in accordance with paragraph 3o. of Article 4. and Article 11 of the Convention and through the entity or entities of the financial mechanism of the Convention, the developed country parties and other developed parties included in Annex II of the Convention:
a) Provide financial, new and additional resources to cover all the expenses agreed incurred by the parties that are developing countries in pursuing the fulfillment of the commitments already set out in paragraph a) of paragraph 1 of Article 4. of the Convention under subparagraph a) of Article 10;

B) Also provide such financial resources, including resources for technology transfer, requiring the parties that are developing countries to meet the agreed full incremental costs the further implementation of existing commitments in the 4th paragraph 1 of article. of the Convention and under Article 10 and that are agreed between a party that is a developing country and the international entity or Article 11 of the Convention, in accordance with that article refers to entities.
In giving effect to these existing commitments shall take into account the need for the flow of financial resources adequacy and predictability and the importance of appropriate burden sharing among the developed country parties. The guidance to the entity or entities of the financial mechanism of the Convention in relevant decisions of the Conference of the Parties, including those adopted before the adoption of this Protocol shall apply mutatis mutandis to the provisions of this paragraph .
3. Parties that are developed countries and other developed Parties included in Annex II of the Convention may also provide, and the Parties which are developing countries may obtain financial resources for the implementation of Article 10, through bilateral, regional and or other multilateral channels.
ARTICLE 12.

1. A mechanism for clean development is defined.
2. The purpose of the mechanism for clean development is to assist Parties not included in Annex I in achieving sustainable development and contributing to the ultimate objective of the Convention and assist Parties included in Annex I to comply with its commitments quantified emission limitation and reduction of emissions incurred under Article 3.
3. Under the clean development mechanism:
a) Parties not included in Annex I will benefit from project activities which result in emission reductions certified; and
b) Parties included in Annex I may use the certified emission reductions resulting from such project activities to contribute to compliance with part of their quantified emission limitation and reduction of emissions incurred under article 3 . as determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
4. The clean development mechanism shall be subject to the authority and guidance of the Conference of the Parties serving as the meeting of the Parties to this Protocol and be supervised by an executive board of the clean development mechanism.
5. Emission reductions resulting from each project activity shall be certified by operational entities designated by the Conference of the Parties serving as the meeting of the Parties to this Protocol on the basis of:
a) Voluntary participation agreed by each participating Party;
B) Real, measurable and long term in relation to climate change mitigation; and
c) Reductions in emissions that are additional to any that would occur in the absence of the certified project activity.
6. The clean development mechanism as needed to help organize funding of certified project activities.
7. The Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session shall establish the modalities and procedures to ensure transparency, efficiency and accountability through an audit and independent verification of project activities.
8. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall ensure that a portion of the proceeds from certified project activities is used to cover administrative expenses and to assist Parties developing countries particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation.
9. They may participate in the mechanism for clean development, particularly in the activities referred to in paragraph a) of paragraph 3 above and in the acquisition of certified emission reduction, private or public entities, and is to be subject to the guidelines that provided by the executive board of the clean development mechanism.

10. Certified emission reductions obtained during the period between 2000 and the beginning of the first commitment period can be used to assist in achieving compliance in the first commitment period.
ARTICLE 13.

1. The Conference of the Parties, the supreme body of the Convention, shall serve as the meeting of the Parties to this Protocol.
2. Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. When the Conference of the Parties serving as the meeting of the Parties to this Protocol, decisions under this Protocol shall be taken only by the Parties to this Protocol.
3. When the Conference of the Parties serving as the meeting of the Parties to this Protocol any member of the Bureau of the Conference of the Parties representing a Party to the Convention that the date is not party to this Protocol shall be replaced by another member to be elected from among the Parties to this Protocol and for themselves.
4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review the implementation of this Protocol and, within its mandate decisions necessary to promote its effective implementation. It shall perform the functions assigned to this Protocol and:
a) Assess, based on all the information available to it in accordance with the provisions of this Protocol, the implementation of the Protocol by the Parties, the overall effects of the measures taken under the Protocol, in 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;
B) Periodically examine the obligations of the Parties under this Protocol, giving due consideration to any reviews required by subsection d) of paragraph 2 of Article 4. and paragraph 2 of Article 7. of the Convention in the light of the objective of the Convention, the experience gained in its implementation and the evolution of scientific and technical knowledge, and in this respect consider and adopt regular reports on the implementation of this Protocol;
C) Promote and facilitate, e1 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 this Protocol;
D) Facilitate, at 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 this Protocol;
E) Promote and guide, in accordance with the objective of the Convention and the provisions of this Protocol, and taking fully into account the relevant decisions of the Conference of the Parties, the development and periodic refinement of comparable methodologies for implementation effective of this Protocol, to be agreed by the Conference of the Parties serving as the meeting of the Parties to this Protocol;
F) Make recommendations on any matters necessary for the implementation of this Protocol;
G) Seek to mobilize additional financial resources in accordance with paragraph 2 of Article 11;
H) Establish such subsidiary organs as it deems necessary for the implementation of this Protocol;
I) Seek and utilize, where appropriate, the services and cooperation of international organizations and intergovernmental bodies and non-governmental organizations and information provided by,; and
j) Exercise such other functions as may be necessary for the implementation of this Protocol, and consider any assignment resulting from a decision of the Conference of the Parties to the Convention.
5. The rules of the Conference of the Parties and financial procedures applied under the Convention shall apply mutatis mutandis to this Protocol unless otherwise decided by consensus by the Conference of the Parties serving as the meeting of the Parties this Protocol.

6. The secretariat shall convene the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol in conjunction with the first session of the Conference of the Parties that is scheduled after the date of entry into force of this Protocol. The following regular sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held annually in conjunction with ordinary sessions of the Conference of the Parties, unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
7. Extraordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held whenever the Conference of the Parties serving as the meeting of the Parties deems it necessary, or when one of the Parties written request, provided that within six months the date on which the secretariat transmitted the request to the Parties, it is supported by at least one third of the Parties.
8. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State member thereof or observers thereto not party to the Convention, may be represented as observers at sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol. Any body or agency, whether national and international, governmental or non-governmental, which is qualified in matters covered by this Protocol and which has informed the secretariat of its wish to be represented as an observer in a session of the conference of the Parties serving as the meeting of the Parties to this Protocol may be admitted as an observer unless opposes it one third of the Parties present. The admission and participation of observers shall be governed by the regulations, as indicated in paragraph 5 above.
ARTICLE 14.

l. The secretariat established by article 8. of the Convention shall serve as the secretariat of this Protocol.
2. Paragraph 2 of Article 8 of the Convention on the functions of the secretariat and paragraph 3 of Article 8. of the Convention on arrangements for its operation shall apply mutatis mutandis to this Protocol. The secretariat also exercise the functions assigned in the framework of this Protocol.
ARTICLE 15.

l. The Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation established by Articles 9. and the Convention shall serve as the Subsidiary Body for Scientific and Technological Advice and Subsidiary Body for Implementation. of this Protocol, respectively. The provisions on the operation of these two bodies under the Convention shall apply mutatis mutandis to this Protocol. The sessions of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Protocol shall be held jointly with the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of the Convention, respectively.
2. Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the subsidiary bodies. When the subsidiary bodies serve as the subsidiary bodies of this Protocol, decisions under this Protocol shall be taken only by those that are Parties to the Protocol.
3. When the subsidiary bodies established by Articles 9. and 10 of the Convention exercise their functions with regard to matters concerning this Protocol, any member of the Bureau of subsidiary bodies representing a Party to the Convention but, at that time, not a party to the Protocol will be replaced by another member to be elected from among the Parties to the Protocol and for themselves.


ARTICLE 16. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, as soon as possible the possibility of applying this Protocol and modify as appropriate, the multilateral consultative mechanism to Article 13 of the Convention refers to the light of the decisions to be taken by the Conference of the Parties. Any multilateral consultative mechanism that operates in relation to this Protocol shall operate without prejudice to the procedures and mechanisms established in accordance with Article 18.

ARTICLE 17.

The Conference of the Parties shall determine the principles, modalities, rules and guidelines, in particular for verification, reporting and accountability in relation to trade in emission rights. Parties included in Annex B may participate in trading operations allowances for the purposes of fulfilling their commitments under the 3rd article. Any such trading shall be supplemental to national measures taken to meet quantified emission limitation and reduction of emissions arising from that article.


Article 18. At its first session, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt procedures and appropriate and effective mechanisms to determine and address cases of non-compliance provisions of this Protocol, including through the development of an indicative list of consequences, taking into account the cause, type, degree and frequency of non-compliance. Any procedures and mechanisms that are believed under this Article entailing binding consequences shall be adopted by means of an amendment to this Protocol.


ARTICLE 19. The provisions of Article 14 of the Convention shall apply mutatis mutandis to this Protocol.
ARTICLE 20.

1. Any Party may propose amendments to this Protocol.
2. Amendments to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The secretariat shall notify the Parties the text of any proposed amendment to the Protocol at least six months before the session that is proposed for adoption. The secretariat likewise communicate the text of any proposed amendments to the Parties and signatories to the Convention and information, to the Depositary.
3. The Parties shall make every effort to reach agreement by consensus on any proposed amendment to the Protocol. 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 an amendment shall be deposited with the Depositary. An amendment adopted in accordance with paragraph 3 shall enter into force for Parties which have accepted it 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 this Protocol.
5. The amendment shall enter into force for any other Party on the ninetieth day after the date on which they deposited with the Depositary their instruments of acceptance of the amendment.
ARTICLE 21.

1. The Annexes to this Protocol shall form an integral part thereof and, unless expressly provided otherwise, a reference to this Protocol constitutes at the same time a reference to any annexes thereto. The annexes adopted after the entry into force of this Protocol shall be restricted to lists, forms and any other descriptive material that is of a scientific, technical, procedural or administrative matters.
2. Any Party may propose an annex to this Protocol and amendments to annexes to the Protocol.
3. The Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meeting of the Parties. The secretariat shall notify the Parties the text of any proposed annex or amendment to an annex at least six months before the session that is proposed for adoption. The secretariat shall also communicate the text of any proposed annex or amendment to an annex to the Parties and signatories to the Convention and, for information, to the Depositary.
4. The Parties shall make every effort to reach agreement by consensus on any proposed annex or amendment to an annex, if all possibilities to achieve consensus without reaching an agreement, the annex or amendment to an annex are exhausted 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 text of the annex or amendment to an annex has been approved to the Depositary, who shall circulate it to all Parties for acceptance.

5. An annex or amendment to an annex other than Annex A or B, which has been approved in accordance with paragraphs 3 and 4 above shall enter into force for all Parties to this Protocol six months after the date the Depositary has informed the Parties of the adoption annex or amendment to an annex, except for those Parties that have notified the Depositary in writing within that period not accept the annex or amendment to the annex. The annex or amendment to an annex shall enter into force for Parties which withdraw their notification of non-acceptance on the ninetieth day after the date on which the Depositary has received the withdrawal of the notification.
6. If the adoption of an annex or an amendment to an annex involves an amendment to this Protocol, the annex or amendment to an annex shall not enter into force until such time as it enters into force the amendment to this Protocol.
7. Amendments to Annexes A and B to this Protocol shall be adopted and enter into force in accordance with the procedure laid down in Article 20, subject to an amendment to Annex B only can co approved the written consent of the Party concerned.
ARTICLE 22.

1. Except as provided in paragraph 2 below, each Party 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 which are Parties to this Protocol. Such organizations shall not exercise their right to vote if any of its Member States exercises theirs and vice versa.


Article 23. The Secretary General of the United Nations shall be the Depositary of this Protocol.
Article 24.

1. This Protocol shall be open for signature and subject to ratification, acceptance or approval by States and regional economic integration organizations that are Parties to the Convention. It shall be open for signature at United Nations Headquarters in New York from 16 March 1998 to 15 March 1999, and the accession from the day following that on which it 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 this Protocol without any of its Member States shall be bound by all the obligations under the Protocol. In the case of an organization that has one or more Member States which are Parties to this Protocol, the organization and its member States shall decide on their respective responsibilities for compliance with their obligations under this Protocol. In such cases, the organization and the member States shall not exercise simultaneously rights conferred by the Protocol.
3. Regional economic integration organizations In their instruments of ratification, acceptance, approval or accession extent of their competence with respect to matters governed by the Protocol. These organizations shall also inform any substantial change in its purview to the Depositary, which in turn inform the Parties.
ARTICLE 25.

1. This Protocol shall enter into force on the ninetieth day after the date of deposit of their instruments of ratification, acceptance, approval or accession at least 55 Parties to the Convention, including Annex I Parties are counted whose total emissions account for at least 55% of total carbon dioxide emissions of the Parties included in Annex I to 1990.
2. For the purposes of this Article, "the total emissions of carbon dioxide from Annex I Parties for 1990" it means the amount communicated on or before the date of approval of the Protocol by the Parties Annex I in their first national communications submitted in accordance with Article 12 of the Convention.
3. For each State or regional economic integration organization that ratifies, accepts or approves this Protocol or accedes thereto after the conditions for entry into force under paragraph 1 above, the Protocol will enter into force on the ninetieth day the date of deposit of the instrument of ratification, acceptance, approval or accession.
4. For the purposes of this Article, any instrument deposited by a regional economic integration organization shall not count in addition to those deposited by Member States of the organization.


Article 26. No reservations may be made to this Protocol.

Article 27.

1. Either Party may denounce this Protocol by giving written notification to the Depositary at any time after three years have elapsed from the date of entry into force of the Protocol 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 also withdrawn from this Protocol.


Article 28. The original of this Protocol, of which the Arabic, Chinese, Spanish, French, English and Russian texts are equally authentic, shall be deposited with the Secretary General of the United Nations.
DONE at Kyoto this eleventh day of December in 1997.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Protocol on the dates indicated. Annex A


Greenhouse gases carbon dioxide (C02)
Methane (CH4)
nitrous oxide (N2O)
hydrofluorocarbons (HFCs)
perfluorocarbons (PFCs)
sulfur hexafluoride (SF6)
sectors / source categories energy


fuel combustion energy industries manufacturing and construction


Other sectors Transport | Other ||

fugitive emissions from fuels solid fuels Oil and natural gas

Other industrial processes


mineral products chemical industry metal production


other production production of halocarbons and sulfur hexafluoride
Consumption of halocarbons and sulfur hexafluoride

other solvent and other products
Agriculture

enteric fermentation manure

rice cultivation agricultural soils prescribed burning of savannahs

field burning of agricultural residues Other


waste solid waste disposal on land
Treatment sewage waste Incineration


Other Annex B quantified commitment


limitation or reduction of emissions
(% of base year or
base period)

Germany Part 92

Australia 108 Austria 92 Belgium 92


Bulgaria * 92 Canada 94 92 European Community

Croatia * Denmark 92 95


Slovakia * 92 Slovenia * 92 Spain 92

United States 93

Estonia * 92 Russian Federation * 100
Finland 92

France 92 Greece 92 Hungary * 94


Iceland 110 Ireland 92 Italy 92


Japan 94 Latvia * 92 Liechtenstein 92

Lithuania * 92 Luxembourg 92


Monaco Norway 92 101 100

New Zealand 92
Netherlands Poland Portugal 2 * 94


Party UK Britain and Northern Ireland Czech Republic
92 * 92 * 92

Romania Sweden 92

Switzerland 92 Ukraine * 100 "
* Countries that are undergoing transition a market economy.
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs DECLARES
:
That this faithful reproduction is taken photocopy of the certificate text, in Spanish, of the Kyoto Protocol of the Framework Convention the United Nations on climate change in Kyoto on day eleven (11) December in 1997 (1997), document rests in the archives of the legal office of the Ministry.
Given in Santa Fe de Bogota, DC, sixteen (16) days of July in 1999 (1999).
Chief Legal Office, Hector Adolfo
Sintura Varela.
EXECUTIVE BRANCH PUBLIC POWER Presidency of the Republic

Santa Fe de Bogota, DC, October 15, 1999
Approved. Submit to the consideration of the honorable National Congress for constitutional purposes. (. OTF)
(. OTF)
The Andres Pastrana Deputy Minister of Foreign Affairs, in charge of the functions of the Office of the Minister, Maria Fernanda Campo Saavedra

DECREES: I ARTICULATE 1o
. Approval of the "Kyoto Protocol of the Framework Convention of the United Nations on climate change" made in Kyoto on 11 December 1997.
ARTICLE 2o. In accordance with the provisions of article 1. 7a law. 1944, the "Kyoto Protocol of the Framework Convention of the United Nations on climate change in Kyoto on December 11, 1997, that the first article of this law is passed, will force the country from the date the international bond therefrom.
article 3 is perfect. this law applies from the date of publication.
the President of the honorable Senate,
MARIO URIBE ESCOBAR.

The Secretary General of the honorable Senate of the Republic, Manuel Enríquez Rosero
.
The President of the honorable House of Representatives,
BASILIO VILLAMIZAR TRUJILLO.
The Secretary General of the honorable House of Representatives, ANGELINO
LIZCANO RIVERA.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
COMMUNICATE AND COMPLY.
Run, after review of the Constitutional Court
under Article
241-10 of the Constitution.
Given in Bogotá, DC, on December 27, 2000.

The Andres Pastrana Foreign Minister,
Guillermo Fernandez de Soto.
The Minister of Environment, Juan Mayr Maldonado
.

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