Key Benefits:
629 OF 2000
(December 27)
Official Journal No. 44.272 of 27 December 2000
By means of which the "Kyoto Protocol of the United Nations Framework Convention on Climate Change" is approved, made in Kyoto on December 11, 1997.
COLOMBIA CONGRESS
Having regard to the text of the "Kyoto Protocol to the United Nations Framework Convention on Climate Change", made in Kyoto on 11 December 1997.
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
FRAMEWORK CONVENTION KYOTO PROTOCOL
OF THE UNITED NATIONS ON CLIMATE CHANGE
The Parties to this Protocol,
Being Parties to the United Nations Framework Convention on Climate Change, hereinafter "the Convention,"
Pursuing the ultimate objective of the Convention enunciated in its article 2,
Remembering the provisions of the Convention,
Guided by article 3 of the Convention,
In compliance with the Berlin Mandate, approved by decision 1/CP.1 of the Conference of the Parties to the Convention in its first session,
Have agreed to the following:
For the purposes of this Protocol the definitions contained in Article 1 of the Convention shall apply. Plus:
1. "Conference of the Parties" means the Conference of the Parties to the Convention.
2. The "Convention" means the United Nations Framework Convention on Climate Change, adopted in New York on May 9, 1992.
3. The "Intergovernmental Panel on Climate Change" means the intergovernmental group of experts on climate change jointly established by the World Meteorological Organization and the United Nations Programme. for the Environment in 1988.
4. 'Montreal Protocol' means the Montreal Protocol on substances that deplete the ozone layer approved in Montreal on 16 September 1987 and subsequently adjusted and amended.
5. 'Present and voting parties' means Parties present which issue an affirmative or a negative vote.
6. 'Party' means, unless otherwise provided in the context, a Party to this Protocol.
7. 'Part included in Annex I' means a Party set out in Annex I to the Convention, with amendments that it may be subject to, or a Party which has made the notification provided for in paragraph 2 (g) of Article 4 of the Convention.
1. In order to promote sustainable development, each of the Parties included in Annex I, in fulfilling the quantified commitments of limitation and reduction of emissions under Article 3:
a) Apply and/or continue to develop policies and measures in accordance with their national circumstances, for example the following:
i) promoting energy efficiency in the relevant sectors of the national economy;
(ii) protection and improvement of the sinks and deposits of greenhouse gases not controlled by the Montreal Protocol, taking into account their commitments under the relevant international environmental agreements: promotion of sustainable forest management practices, afforestation and reforestation;
iii) promotion of sustainable agricultural modalities in light of climate change considerations;
iv) research, promotion, development and increased use of new and renewable forms of energy, carbon dioxide sequestration technologies, and advanced and novel technologies that are ecologically sound;
v) progressive reduction or phasing out of market failures, tax incentives, tax and tariff exemptions and subsidies that are contrary to the objective of the Convention in all the issuing sectors greenhouse gases and the application of market instruments;
vi) promoting appropriate reforms in relevant sectors in order to promote policies and measures that limit or reduce greenhouse gas emissions 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 its recovery and use in waste management as well as in the production, transport and distribution of energy;
(b) Cooperate with other Parties in Annex I to promote the individual and global effectiveness of policies and measures adopted pursuant to this Article, in accordance with paragraph 2 (e) (e) of Article 4 of the Convention. To this end, these Parties shall endeavour to exchange experience and information on such policies and measures, in particular by devising ways to improve their comparability, transparency and effectiveness. The Conference of the Parties serving as the meeting of the Parties to this Protocol, at its first session or as soon as possible thereafter, shall examine the means of facilitating such cooperation, taking into account all the relevant information.
2. The Parties included in Annex I shall endeavour to limit or reduce greenhouse gas emissions not controlled by the Montreal Protocol generated by international air and sea transport fuels by working through the of the International Civil Aviation Organization, and the International Maritime Organization, respectively.
3. The Parties included in Annex I shall endeavour to implement the policies and measures referred to in this Article in such a way as to minimise adverse effects, including the adverse effects of climate change, on the international trade and social, environmental and economic impacts, for other Parties, in particular the Parties which are developing countries and in particular those mentioned in paragraphs 8 and 9 of Article 4 of the Convention, taking into account the provisions of the Article of the Convention. The Conference of the Parties serving as the meeting of the Parties to this Protocol may adopt other measures, as appropriate, to promote compliance with the provisions of this paragraph.
4. If it considers that any of the policies and measures referred to in paragraph 1 (a) above, the Conference of the Parties serving as the meeting of the Parties to this Protocol should be coordinated, taking into account the different national circumstances and possible effects, will examine ways and means of organising the coordination of such policies and measures.
1. The Parties included in Annex I shall ensure, individually or jointly, that their aggregate anthropogenic emissions, expressed in carbon dioxide equivalent, of the greenhouse gases listed in Annex A do not exceed the greenhouse gas emissions. quantities allocated to them, calculated on the basis of the quantified commitments for the limitation and reduction of the emissions recorded for them in Annex B and in accordance with the provisions of this Article, with a view to reducing the total of their emissions from these gases to a lower level of not less than 5% to the 1990 level in the commitment period from 2008 to 2012.
2. Each Party listed in Annex I shall be able to demonstrate by 2005 a concrete step forward in the fulfilment of its commitments under this Protocol.
3. Net variations in emissions from sources and absorption by greenhouse gas sinks that are due to human activity directly related to land use change and forestry, limited to afforestation, afforestation and deforestation since 1990, calculated as verifiable changes in the carbon stored in each commitment period, shall be used for the purposes of fulfilling the commitments of each Party included in Annex I of this Article. Emissions from sources and absorption by greenhouse gas sinks shall be reported to be related to those activities in a transparent and verifiable manner and shall be examined in accordance with the provisions of the provisions of this Regulation. items 7 and 8.
4. Before the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol, each of the Parties listed in Annex I shall submit to the Subsidiary Body for Scientific and Technological Advice, for their examination, data enabling the level of stored carbon to be established in 1990 and an estimate of variations of that level in the following years. At its first session or as soon as possible thereafter, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall determine the modalities, rules and guidelines on how to add or subtract the quantities attributed to the Parties to Annex I additional human activities related to the variations in emissions from sources and the absorption by greenhouse gas sinks in the categories of agricultural and agricultural soils changing the use of land and forestry and the activities to be added or subtracted, taking into account the uncertainties, the transparency of reporting, the fact-checking, the methodological work of the Intergovernmental Panel on Climate Change, the advice provided by the Sub-daily Advisory Body Scientific and Technological in accordance with Article 5 and the decisions of the Conference of the Parties. Such a decision shall apply in the second and the following commitment periods. A Party may choose to apply such a decision on these additional human activities for its first commitment period, provided that these activities have been carried out since 1990.
5. The Parties included in Annex I which are in transition to a market economy and which have determined their year or base period in accordance with Decision 9/CP.2, adopted by the Conference of the Parties at its second session, shall use that year or base period to fulfil its commitments under this Article. Any other Party in Annex I which is in transition to a market economy and has not yet submitted its first national communication pursuant to Article 12 of the Convention may also notify the Conference of the Parties serving as the meeting of the Parties to this Protocol which intends to use a year or historical period of base other than the year 1990 to meet 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 grant a certain degree of flexibility to the Parties. Parts of Annex I which are in transition to a market economy for the fulfilment of their commitments under this Protocol, other than those provided for in this Article.
7. In the first period of quantified emission limitation and reduction commitment for the year 2008 to 2012, the amount attributed to each Party included in Annex I shall be equal to the percentage entered for it in Annex B of its emissions Aggregate anthropogenic, expressed in carbon dioxide equivalent, of the greenhouse gases listed in Annex A for 1990, or the year or base period determined in accordance with paragraph 5 above, multiplied by five. In order to calculate the amount to be attributed to them, the Parties in Annex I for which the change in land use and forestry constituted a net source of greenhouse gas emissions in 1990 shall include in their base year 1990 or base period the anthropogenic emissions aggregated by the sources, expressed in carbon dioxide equivalent, minus the absorption by sinks in 1990 due to the change in land use.
8. Any Party included in Annex I may use the year 1995 as its base year for hydrocarbons, perfluorocarbons and sulphur hexafluoride to make the calculations referred to in paragraph 7 above.
9. The commitments of the Parties included in Annex I for the following periods shall be set out in amendments to Annex B to this Protocol which shall be adopted in accordance with the provisions of paragraph 7 of Article
10. Any emission reduction unit, or any fraction of an assigned amount, that is acquired by a Party in accordance with the provisions of Article 6 or Article 17 shall be added to the amount attributed to the Party that acquires it.
11. Any emission reduction unit, or any fraction of an assigned amount, that transfers a Party to another Party in accordance with the provisions of Article 6 or Article 17 deducted from the amount attributed to the transferring Party.
12. Any certified emission reduction unit that acquires a Party from another Party in accordance with the provisions of Article 12 shall be added to the amount attributed to the Party that acquires it.
13. If, in a commitment period, the emissions of a Party included in Annex I are less than the amount attributed to it under this Article, the difference shall be added, at the request of that Party, to the amount to be attributed to that Party. for future periods of engagement.
14. Each Party included in Annex I shall endeavour to fulfil the commitments referred to in paragraph 1 above in such a way as to minimise the adverse social, environmental and economic impacts on the Parties which are developing countries, in particular: The Convention shall be subject to the provisions referred to in paragraphs 8 and 9 of Article 4 of the Convention. In line with the relevant decisions of the Conference of the Parties on the implementation of those paragraphs. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, in its first session, examine the measures necessary to minimize the adverse effects of climate change and/or the impact of the implementation of response measures for the Parties referred to in those paragraphs. Among others, issues such as funding, insurance and technology transfer will be explored.
1. The Parties listed in Annex I that have agreed to jointly meet their commitments under Article 3 shall be deemed to have complied with those commitments if the total sum of their commitments aggregated anthropogenic emissions, expressed in carbon dioxide equivalent, of the greenhouse gases listed in Annex A does not exceed the quantities allocated to them, calculated on the basis of the quantified commitments of the limitation and reduction of the emissions recorded for them in Annex B and in accordance with the provided in article 3. The agreement shall state the respective emission level allocated to each of the Parties to the agreement.
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 of accession to the Protocol. The Secretariat shall inform the Parties and signatories to the Convention of the content of the agreement.
3. Any such agreement will remain in effect for the duration of the commitment period specified in paragraph 7 of article 3.
4. If the Parties acting jointly do so within the framework of a Regional Economic Integration Organisation and together with it, any change in the membership of the organisation after the adoption of this Protocol shall not affect the commitments already in force under this Protocol. Any change in the composition of the organisation shall be taken into account only for the purposes of the commitments under Article 3 that are contracted after that change.
5. If the Parties to such an agreement fail to achieve the combined total emission reduction level set for them, each Party to that agreement shall be responsible for the level of their own emissions set out in the agreement.
6. If the Parties acting jointly do so within the framework of a regional economic integration organisation which is a Party to this Protocol and together with it, each Member State of that regional economic integration organisation, in the form of a individually and jointly with the regional economic integration organization, in accordance with the provisions of Article 24, shall be responsible, in the event that the combined total level of reduction of the emissions, from the level of their own emissions, notified in accordance with this Article.
1. Each Party included in Annex I shall establish, at the latest one year before the beginning of the first commitment period, a national system allowing for the estimation of anthropogenic emissions from sources and absorption by the 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 shall, in its first session, provide the guidelines for such a national system, which shall include the methodologies specified in paragraph 2 below.
2. The methodologies for calculating anthropogenic emissions from sources and absorption by sinks of all greenhouse gases not controlled by the Montreal Protocol will be those accepted by the Intergovernmental Panel. Experts on Climate Change and agreed by the Conference of the Parties at its third session. Where such methodologies are not used, the necessary adjustments shall be made in accordance with the methodologies agreed by the Conference of the Parties serving as the meeting of the Parties to this Protocol in their first period of sessions. 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 as a Meeting of the Parties to this Protocol shall regularly review and, as appropriate, review these methodologies and adjustments, taking full account of the decisions that may be taken by the Conference of the Parties. Any review of methodologies or adjustments shall be applied exclusively for the purposes of determining whether the commitments under Article 3 fulfilled for a period of post-commitment commitment. review.
3. The atmospheric warming potentials used to calculate the carbon dioxide equivalence of the anthropogenic emissions from the sources and the absorption by the sinks of the greenhouse gases listed in Annex A be accepted by the Intergovernmental Panel on Climate Change and agreed 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 as a meeting the Parties to this Protocol shall regularly review and, as appropriate, review the atmospheric warming potential of each of those greenhouse gases, taking full account of the decisions that may be taken by the Parties. with regard to the Conference of the Parties. Any review of an atmospheric warming potential shall apply only to commitments under Article 3 being established for a period of commitment after that review.
1. For the purposes of fulfilling the commitments made under Article 3, any Party included in Annex I may transfer, or acquire from, any other Party of those Parties to the emissions from projects aimed at reducing anthropogenic emissions from sources or increasing the anthropogenic absorption of greenhouse gas sinks in any sector of the economy, subject to the next:
a) Any such project must be approved by the participating Parties;
(b) Any such project shall allow for a reduction of emissions from sources, or an increase in absorption by sinks, which is in addition to any other reduction or other increase that would occur if the project is not carried out;
(c) The Party concerned may not acquire any emission reduction unit if it has failed to comply with its obligations under Articles 5 and 7; and
(d) The acquisition of emission reduction units shall be further to the national measures taken for the purpose of fulfilling the commitments made under Article 3.
2. The Conference of the Parties serving as the meeting of the Parties to this Protocol may, at its first session or as soon as possible thereafter, establish further guidelines for the implementation of this Article in for the purposes of the verification and reporting.
3. A Party listed in Annex I may authorise legal persons to participate, under the responsibility of that Party, in actions leading to the generation, transfer or acquisition under this Article of reduction units of emissions.
4. If, in accordance with the relevant provisions of Article 8, there is a question of compliance with a Party listed in Annex I to the requirements referred to in this Article, the the transfer and acquisition of emission reduction units may continue after that question, but no Party may use such units for the purpose of fulfilling its commitments under Article 3 while the compliance issue is not resolved.
1. Each of the Parties listed in Annex I shall incorporate in its annual inventory of anthropogenic emissions from sources and absorption by sinks of greenhouse gases not controlled by the Montreal Protocol, submitted to the Commission. in accordance with the relevant decisions of the Conference of the Parties, the additional information necessary for the purpose of ensuring compliance with Article 3, to be determined in accordance with the paragraph 4 below.
2. Each Party included in Annex I shall incorporate in the national communication that it submits in accordance with Article 12 of the Convention the additional information necessary to demonstrate the compliance with the commitments made under this Protocol, to be determined in accordance with paragraph 4 below.
3. Each Party listed in Annex I shall submit the information requested in paragraph 1 above annually, starting with the first inventory to be submitted in accordance with the Convention for the first year of the commitment period. after the entry into force of this Protocol for that Party. Each Party shall submit the information requested in paragraph 2 above as part of the first national communication to be submitted in accordance with the Convention once this Protocol has entered into force for that Party and the guidelines referred to in paragraph 4 below have been adopted. The frequency of the subsequent submission of the information requested in 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 to be determined 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 periodically review, hereinafter, guidelines for the preparation of the information requested in this Protocol. in the light of the guidelines for the preparation of the national communications of the 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 on the arrangements for accounting in respect of the quantities allocated.
1. The information submitted pursuant to Article 7 by each of the Parties included in Annex I shall be examined by teams of experts in compliance with the relevant decisions of the Conference of the Parties. and in accordance with the guidelines to be adopted by the Conference of the Parties serving as the meeting of the Parties to this Protocol in accordance with paragraph 4 below. The information submitted pursuant to paragraph 1 of Article 7 by each of the Parties included in Annex I shall be examined in the framework of the annual collection of inventories and the amounts allocated to them. emissions and related accounting. In addition, the information submitted pursuant to paragraph 2 of Article 7 for each of the Parties included in Annex I shall be examined in the framework of the examination of the communications.
2. Those examination teams shall be coordinated by the Secretariat and shall be composed of experts chosen from the candidates proposed by the Parties to the Convention and, as appropriate, by intergovernmental organisations, in accordance with the guidance provided for such purposes by the Conference of the Parties.
3. The examination process shall allow for a comprehensive and comprehensive technical evaluation of all aspects of the implementation of this Protocol by a Party. The teams of experts shall draw up a report to the Conference of the Parties serving as the meeting of the Parties to this Protocol, in which they shall assess the fulfilment of the Party's commitments and determine the possible problems with which it is The Commission has also made a number of important issues.
The Secretariat will distribute this report to all Parties to the Convention.
The Secretariat shall list for further consideration by the Conference of the Parties as the meeting of the Parties to this Protocol the issues related to the implementation that have been identified in those reports.
4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its first session and periodically review the guidelines for the examination of the implementation of this Protocol by the Parties. teams of experts, taking into account the relevant decisions of the Conference of the Parties.
5. The Conference of the Parties serving as the meeting of the Parties to this Protocol, with the assistance of the Subsidiary Implementing Body and, as appropriate, the Subsidiary Body of Scientific and Technological Advice, shall examine:
(a) The information submitted by the Parties pursuant to Article 7 and the reports of the examinations made by them by the experts in accordance with this Article; and
(b) Issues related to the application listed by the Secretariat in accordance with paragraph 3 above, as well as any question raised by the Parties.
6. Having examined the information referred to in paragraph 5 above, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall, on any matter, take the necessary decisions for the application of this Protocol.
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 most accurate scientific information and studies available on climate change and its the impact and the relevant technical, social and economic information. This examination shall be carried out in coordination with other relevant examinations within the scope of the Convention, in particular those required by paragraph 2 (d) of Article 4 and paragraph 2 (a) of Article
2. The first examination shall take place at the second session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The following shall be carried out on a regular and timely basis.
All Parties, taking into account their common but differentiated responsibilities and the specific priorities, objectives and circumstances of their national and regional development, without introducing any new commitments for the Parties not included in the Annex I, although reaffirming the commitments already stipulated in paragraph 1 of Article 4 of the Convention and carrying forward the fulfilment of these commitments with a view to achieving sustainable development, having In accordance with paragraphs 3, 5 and 7 of Article 4 of the Convention:
(a) Form, where appropriate and as far as possible, national and, where appropriate, regional programmes to improve the quality of the emission factors, activity data and/or local models that are effective in relation to the cost and reflecting the socio-economic conditions of each Party for the regular performance and updating of national inventories of anthropogenic emissions from sources and the absorption by sinks of all effect gases greenhouse not controlled by the Montreal Protocol, using comparable methodologies in which agrees with 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) They shall implement, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change and measures to facilitate appropriate adaptation to climate change;
(i) such programmes would be related, inter alia, to the energy, transport and industry sectors as well as to agriculture, forestry and waste management. Moreover, adaptation to climate change will be promoted through technologies and adaptation methods for the improvement of spatial planning; and
(ii) the Parties to Annex I shall submit information on the measures taken under this Protocol, in particular national programmes, in accordance with Article 7or. and other parties shall endeavour to include in their national communications, as appropriate, information on programmes containing measures which the Party believes contribute to addressing climate change and its adverse effects, including measures to limit the increase in greenhouse gas emissions and to increase absorption by sinks, capacity-building measures and adaptation measures;
c) They shall cooperate in the promotion of effective modalities for the development, implementation and dissemination of technologies. expertise, practices and ecologically sound processes as regards climate change, and shall take all practicable measures to promote, facilitate and finance, as appropriate, the transfer of those resources or access to them, in particular for the benefit of developing countries, including the formulation of policies and programmes for the effective transfer of ecologically sound technologies that are publicly owned or in the public domain and the creation in the private sector of a climate conducive to promoting the transfer of ecologically sound technologies and access to them;
d) Cooperate in scientific and technical research and promote the maintenance and development of systematic observation procedures and the creation of data files to reduce system-related uncertainties climate, the adverse effects of climate change and the economic and social consequences of the various response strategies, and will promote the development and strengthening of national capacity and means to participate in international and intergovernmental research activities, programmes and networks; and systematic observation, taking into account the provisions of Article 5or. of the Convention;
e) Cooperarán at international level, using, as appropriate, existing bodies, in the elaboration and implementation of education and training programs that provide for the promotion of national capacity building, in particular capacity human and institutional, and the exchange or membership of personnel responsible for training specialists in this field, in particular for developing countries, and will promote such activities and facilitate public knowledge at national level information on climate change and public access to climate change. Appropriate modalities shall be established to implement these activities through the relevant bodies of the Convention, taking into account the provisions of Article 6or. of the Convention;
(f) They shall include in their national communications information on the programmes and activities undertaken in compliance with this Article in accordance with the relevant decisions of the Conference of the Parties; and
g) When complying with the commitments under this Article, paragraph 8 of Article 4or, paragraph 8, shall be fully taken into consideration. of the Convention.
1. When applying Article 10 the parties shall take into account the provisions of paragraphs 4, 5, 7, 8 and 9 of Article 4or. of the Convention.
2. In the context of the application of paragraph 1. of article 4or. of the Convention, in accordance with the provisions of paragraph 3. of article 4or. and in Article 11 of the Convention and through the entity or entities entrusted with the operation of the financial mechanism of the Convention, the parties that are developed countries and the other parties developed in Annex II to the Convention:
(a) Provide additional and new financial resources to cover all the agreed expenses incurred by the developing countries in carrying forward the fulfilment of the commitments already set out in point (a) Paragraph 1 of article 4or. of the Convention and provided for in point (a) of Article 10;
(b) They shall also facilitate financial resources, including resources for technology transfer, which are required by the parties which are developing countries to cover all the additional agreed costs incurred by the carrying-out forward the fulfillment of the commitments already stated in paragraph 1 of article 4or. of the Convention and provided for in Article 10 and agreed between a party that is a developing country and the entity or international entities referred to in Article 11 of the Convention, in accordance with that article.
In compliance with these commitments already in force, account will be taken of the need for adequate and predictable financial resources and the importance of the proper distribution of the burden between the parties that are countries. developed. The address provided to the entity or entities entrusted with the operation of the financial mechanism of the Convention in the relevant decisions of the Conference of the Parties, including those adopted before the adoption of the present Protocol shall apply mutatis mutandis to the provisions of this paragraph.
3. The Parties which are developed countries and the other developed Parties listed in Annex II to the Convention may also facilitate, and the Parties, which are developing countries may obtain, financial resources for the implementation of the Article 10, by bilateral or regional pipelines or by other multilateral conduits.
1. A mechanism for clean development is hereby defined.
2. The purpose of the Clean Development Mechanism is to assist Parties not included in Annex I to achieve sustainable development and to contribute to the ultimate objective of the Convention, as well as to assist the Parties included in Annex I to compliance with their quantified emission limitation and reduction commitments under Article 3.
3. In the framework of the Clean Development Mechanism:
(a) Parties not included in Annex I shall benefit from project activities resulting in certified emission reductions; and
(b) The Parties included in Annex I may use the certified emission reductions resulting from those project activities to contribute to the fulfilment of part of their quantified commitments to limit and reduce the emissions. emissions contracted under Article 3or. 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 direction of the Conference of the Parties serving as the meeting of the Parties to this Protocol and to the supervision of an Executive Board of the Mechanism for a Development clean.
5. The emission reduction resulting from each project activity shall be certified by the operational entities designated by the Conference of the Parties as the meeting of the Parties to this Protocol on the basis of:
a) The voluntary participation agreed by each participating Party;
b) Some real, measurable and long-term benefits in relation to climate change mitigation; and
c) Emissions reductions that are additional to those that would occur in the absence of the certified project activity.
6. The mechanism for clean development will help as necessary to organise the financing of activities of certified projects.
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. by means of 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 funds from the activities of certified projects are used to cover administrative expenditure and to help Parties that are developing countries are particularly vulnerable to the adverse effects of climate change to cope with the costs of adaptation.
9. They may participate in the mechanism for clean development, in particular in the activities referred to in paragraph 3 (a) above and in the acquisition of certified emission reduction units, private or public entities, and that participation will be subject to the guidelines issued by the Executive Board of the Clean Development Mechanism.
10. The certified emission reductions to be obtained in the period from 2000 to the beginning of the first commitment period may be used to contribute to compliance in the first commitment period.
1. The Conference of the Parties, which is the supreme body of the Convention, shall act as the meeting of the Parties to this Protocol.
2. The Parties to the Convention which are not Parties to this Protocol may participate as observers in the deliberations of any session of the Conference of the Parties as a meeting of the Parties to this Protocol. Protocol. Where the Conference of the Parties acts as a meeting of the Parties to this Protocol, decisions in the field of the Protocol shall be adopted only by the Parties to this Protocol.
3. When the Conference of the Parties acts as a meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a Party to the Convention which is not a party to this Protocol shall be a Party to the Convention. replaced by another member to be elected from the Parties to this Protocol and by 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, in accordance with its mandate, shall take the necessary decisions to promote its effective implementation. It shall fulfil the tasks assigned to it by this Protocol and:
(a) Evaluate, on the basis of all information provided to it in accordance with the provisions of this Protocol, the application of the Protocol by the Parties, the general effects of the measures taken under the Protocol, 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;
(b) Shall periodically examine the obligations of the Parties under this Protocol, taking due account of any examination requested in paragraph 2 (d) of Article 4or. and in paragraph 2 of article 7or. of the Convention in the light of the objective of the Convention, the experience gained in its implementation and the development of scientific and technical knowledge, and in this respect it will examine and regularly adopt reports on the implementation of the Convention. Protocol;
c) Promote and facilitate, e1 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 this Protocol;
(d) 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 different circumstances, responsibilities and capacities of the Parties; and their respective commitments under this Protocol;
e) Promote and direct, in accordance with the objective of the Convention and the provisions of this Protocol and taking full account of the relevant decisions of the Conference of the Parties, the development and further development (a) a review of comparable methodologies for the effective implementation of this Protocol, which shall be agreed upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol;
(f) Make any recommendations necessary for the implementation of this Protocol on any matter;
g) Seek to mobilize additional financial resources in accordance with paragraph 2 of article 11;
(h) Establish the subsidiary bodies deemed necessary for the implementation of this Protocol;
i) Request and use, where appropriate, the services and cooperation of international organizations and competent intergovernmental and non-governmental bodies and the information they provide to them; and
(j) Shall perform the other functions necessary for the implementation of this Protocol and shall consider the performance of any task arising from a decision of the Conference of the Parties to the Convention.
5. The regulation of the Conference, of the Parties and the financial procedures applied in relation to the Convention shall apply mutatis mutandis in relation to this Protocol unless otherwise decided by consensus in the Conference of the Parties. Parties as the meeting of the Parties to 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 to be scheduled after the Conference of the Parties. 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 and in conjunction with the regular 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. The extraordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held each time the Conference of the Parties serving as the meeting of the Parties considers it necessary, or where one of the Parties so requests in writing, provided that within six months of the date on which the Secretariat has transmitted the request to the Parties, it shall be 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 Member State of such organizations or observer to them which is not party to the Convention, may be represented as observers at the sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol. Any body or body, whether national or international, governmental or non-governmental, which is competent in the 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 one third of the Parties present is opposed to it. The admission and participation of observers shall be governed by the rules of procedure, as set out in paragraph 5 above.
l. The secretary established by the article 8or. The Convention shall act 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 8or. The Convention on the provisions for its operation shall apply mutatis mutandis to this Protocol. The Secretariat shall also exercise the tasks assigned to it under this Protocol.
l. The Subsidiary of Scientific and Technological Advice and the Subsidiary organ of Execution established by the articles 9or. and of the Convention shall act as the Subsidiary Body of Scientific and Technological Advice and the Subsidiary Body of Execution. of this Protocol, respectively. The provisions on the functioning of these two bodies in respect of the Convention shall apply mutatis mutandis to this Protocol. The sessions of the Scientific and Technological Advisory Body and the Subsidiary Body of Implementation of this Protocol shall be held in conjunction with the sessions of the Scientific and Technological Advisory Body and the Subsidiary organ of the Convention, respectively.
2. The Parties to the Convention which are not Parties to this Protocol may participate as observers in the deliberations of any session of the subsidiary bodies. Where the subsidiary bodies act as subsidiary bodies of this Protocol, decisions in the field of the Protocol shall be adopted only by the Parties which are Parties to the Protocol.
3. When the subsidiary organs established by the items 9or. and 10 of the Convention exercise their functions in respect of matters of interest to this Protocol, any member of the Bureau of the subsidiary bodies representing a Party to the Convention than that date is not party to the Protocol shall be replaced by another member who shall be elected from among the Parties to the Protocol and by themselves.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall examine as soon as possible the possibility to apply this Protocol and to amend as appropriate the multilateral consultative mechanism to referred to in Article 13 of the Convention in the light of decisions that may be taken by the Conference of the Parties. Any multilateral advisory mechanism operating in relation to this Protocol shall do so without prejudice to the procedures and mechanisms established in accordance with Article 18.
The Conference of the Parties shall determine the relevant principles, modalities, rules and guidelines, in particular for verification, reporting and accountability in relation to the trading of allowances. The Parties listed in Annex B may participate in the trading of allowances for the purposes of fulfilling their commitments under Article 3or. Any such operation shall be additional to the national measures taken to comply with the quantified emission limitation and reduction commitments in that article.
At its first session, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall approve appropriate and effective procedures and mechanisms for determining and addressing cases of non-compliance with the provisions of this Protocol. provisions of this Protocol, including through the preparation of an indicative list of consequences, taking into account the cause, type, degree and frequency of non-compliance. Any procedure or mechanism which is established under this Article and provides for binding consequences shall be adopted by means of an amendment to this Protocol.
The provisions of Article 14 of the Convention shall apply mutatis mutandis to this Protocol.
1. Either 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 communicate to the Parties the text of any proposed amendment to the Protocol, at least six months before the session at which its approval is proposed. The Secretariat shall also communicate the text of any proposed amendment to the Parties and 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 Protocol. 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 an amendment shall be submitted to the Depositary. The amendment approved in accordance with paragraph 3 shall enter into force for the Parties which have accepted it on the ninetieth day from the date on which the Depositary has received the instruments of acceptance of at least three quarters of the Parties to this Protocol.
5. The amendment shall enter into force for the other Parties on the ninetieth day from the date on which they have submitted their instruments of acceptance of the amendment to the Depositary.
1. The Annexes to this Protocol shall form an integral part of this Protocol and, unless otherwise expressly provided, any reference to the Protocol shall at the same time be a reference to any of its Annexes. Annexes to be adopted after the entry into force of this Protocol may contain only lists, forms and any other descriptive material dealing with scientific, technical, procedural or administrative matters.
2. Either Party may propose an Annex to this Protocol and amendments to Annexes to the Protocol.
3. The Annexes to this Protocol and the amendments to Annexes to the Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meeting of the Parties. The Secretariat shall communicate to the Parties the text of any proposed Annex or amendment to an Annex at least six months before the session at which its approval is proposed. 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 endeavour to reach agreement by consensus on any draft annex or amendment to an annex, if all the possibilities of obtaining the consensus without reaching an agreement, the Annex or the amendment to the Annex are exhausted. approve, as a last resort, by a majority of three quarters of the Parties present and voting at the meeting. The Secretariat shall communicate the text of the Annex or the amendment to the Annex which has been approved to the Depositary, which shall make it available to all Parties for acceptance.
5. Any Annex or amendment to an Annex, except for Annex A or B, which has been approved in accordance with paragraphs 3 and 4 above shall enter into force for all parts of this Protocol six months after the date on which the Annex is adopted. Depositary has communicated to the Parties the approval of the Annex or of the amendment to the Annex, with the exception of Parties which have notified in writing to the Depositary within that period that they do not accept the Annex or the amendment to the Annex. The Annex or the amendment to 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.
6. If the approval of an Annex or an amendment to an Annex assumes, an amendment to this Protocol, the Annex or the amendment to the Annex shall not enter into force until the entry into force of the amendment to this Protocol.
7. Amendments to Annexes A and B to this Protocol shall be adopted and shall enter into force in accordance with the procedure laid down in Article 20, subject to the fact that an amendment to Annex B may be approved only co the written consent of the interested party.
1. With the exception of paragraph 2 below, each Party shall have one vote.
2. Regional economic integration organisations shall, in matters falling within their competence, exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to this Protocol. Such organisations shall not exercise their right to vote if any of their Member States exercises their right and vice versa.
The Secretary-General of the United Nations shall be the Depositary of this Protocol.
1. This Protocol shall be open for signature and subject to the ratification, acceptance or approval of States and regional economic integration organizations that are Parties to the Convention. It shall be open for signature at the United Nations Headquarters in New York from 16 March 1998 to 15 March 1999, and for accession from the day following that in which it 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 this Protocol without any of their Member States being bound by it shall be subject to all obligations arising out of the Protocol. In the case of an organisation which has one or more Member States which are Parties to this Protocol, the organisation and its Member States shall determine their respective responsibility for the fulfilment of their obligations under this Protocol. under this Protocol. In such cases, the organisation and the Member States may not exercise simultaneously rights conferred by the Protocol.
3. Regional economic integration organisations shall indicate in their instruments of ratification, acceptance, approval or accession their degree of competence in respect of matters governed by the Protocol. Those organisations shall also communicate any substantial changes in their area of competence to the Depositary, which shall in turn communicate it to the Parties.
1. This Protocol shall enter into force on the ninetieth day from the date on which it has deposited its instruments of ratification, acceptance, approval or accession of not less than 55 Parties to the Convention, including Parties to the Annex I whose total emissions represent at least 55% of the total carbon dioxide emissions of the Parties to Annex I for 1990.
2. For the purposes of this Article, "total carbon dioxide emissions of the Parties to Annex I for 1990" means the quantity notified, on or before the date of approval of the Protocol, by the Parties. included in Annex I in its first national communication submitted in accordance with Article 12 of the Convention.
3. For each State or regional economic integration organisation ratifying, accepting or approving this Protocol or acceding to it once the conditions for entry into force laid down in paragraph 1 above have been met, the Protocol shall enter into force. in force on the ninetieth day from the date on which the respective instrument of ratification, acceptance, approval or accession has been deposited.
4. For the purposes of this Article, the instrument deposited by a regional economic integration organisation shall not be counted in addition to those deposited by the Member States of the organisation.
No reservations may be made to this Protocol.
1. Any Party may denounce this Protocol by notifying the Depositary in writing at any time after three years after the date of entry into force of the Protocol for that Party.
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 denouncing the Convention shall be deemed to have also denounced this Protocol.
The original of this Protocol, whose texts in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, shall be deposited with the Secretary-General of the United Nations.
FACT in Kyoto on the 11th of December of a thousand nine hundred and ninety-seven.
IN TESTIMONY OF WHICH the undersigned, duly authorized for that purpose, have signed this Protocol on the dates indicated.
Attachment A
Greenhouse gases
Carbon Dioxide (C02)
Methane (CH4)
Nitrous Oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (pFc)
Sulphur hexafluoride (SF6)
Sectors/Source Category
Energy
Fuel burning
Power Industries
Manufacturing and construction industry
Transport
Other sectors
Other
Fugitive fuel emissions
Solid Fuels
Oil and natural gas
Other
Industrial processes
Mineral products
Chemical industry
Metal production
Other Production
Production of halocarbon and sulphur hexafluoride
Consumption of halocarbon and sulphur hexafluoride
Other
Using solvents and other products
Agriculture
Enteric Fermentation
Harnessing the manure
Rice Cultivation
Agricultural soils
Prescribed burning of sheets
Burning in the field of agricultural waste
Other
Waste
Disposal of solid waste on earth
Treatment of wastewater
Incineration of waste
Other
Annex B
Quantified commitment
limitation or reduction
of emissions
(% of year level
or base period)
Part
Germany 92
Australia 108
Austria 92
Belgium 92
Bulgaria * 92
Canada 94
European Community 92
Croatia * 95
Denmark 92
Slovakia * 92
Slovenia * 92
Spain 92
United States of America 93
Estonia * 92
Russian Federation * 100
Finland 92
France 92
Greece 92
Hungary * 94
Ireland 92
Iceland 110
Italy 92
Japan 94
Latvia * 92
Liechtenstein 92
Lithuania * 92
Luxembourg 92
Monaco 92
Norway 101
New Zealand 100
Netherlands 92
Poland * 94
Portugal 2
Part
United Kingdom of Great Britain and Northern Ireland 92
Czech Republic * 92
Romania * 92
Sweden 92
Switzerland 92
Ukraine * 100 "
* Countries that are in the process of transitioning to a market economy.
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs,
NOTES:
That the present reproduction is faithful photocopy taken from the certified text, in Spanish, of the Kyoto Protocol of the United Nations Framework Convention on Climate Change made in Kyoto on the 11th (11th) December of a thousand nine hundred and ninety-seven (1997), a document that rests in the archives of the legal office of this Ministry.
Dada en Santa Fe de Bogotá, D. C., at ten and six (16) days of the month of July of a thousand nine hundred and ninety-nine (1999).
the Chief Legal Officer,
Hector Adolfo Sintura Varela.
EXECUTIVE BRANCH OF PUBLIC POWER
Presidency of the Republic
Santa Fe de Bogota, D.C., October 15, 1999
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Deputy Minister of Foreign Affairs, charged with the duties of the Office of the Lord Minister,
(Fdo.) Maria Fernanda Campo Saavedra
DECRETA:
ARTICLE 1o. Approve the "Kyoto Protocol to the United Nations Framework Convention on Climate Change" made in Kyoto on December 11, 1997.
ARTICLE 2o. In accordance with the provisions of Article 1o. of law 7a. In 1944, the " Kyoto Protocol to the United Nations Framework Convention on Climate Change made in Kyoto on 11 December 1997, which, by the first article of this law, is adopted, will force the country from the date on which it is perfect the international link with respect to the same.
ARTICLE 3o. This law applies as of the date of its publication.
The President of the honorable Senate of the Republic,
MARIO URIBE ESCOBAR.
The Secretary General of the honorable Senate of the Republic,
MANUEL ENRIQUEZ ROSERO.
The President of the honorable House of Representatives,
BASILIO VILLAMIZAR TRUJILLO.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
COMMUNICATE AND COMPLY.
Execute, after reviewing the
Constitutional Court, pursuant to Article
241-10 of the Political Constitution.
Dada in Bogotá, D. C., on December 27, 2000.
ANDRES PASTRANA ARANGO
The Foreign Minister,
GUILLERMO FERNANDEZ DE SOTO.
The Minister of the Environment,
JOHN MAYR MALDONADO.
