Decree No. 2007 - 1534 Of 26 October 2007 On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of The United Mexican States On The Mechanism For Clean Development In The Context Of Article 12 Of The P...

Original Language Title: Décret n° 2007-1534 du 26 octobre 2007 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement des Etats-Unis mexicains sur le mécanisme pour un développement propre dans le cadre de l'article 12 du p...

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Keywords foreign and European Affairs, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, Mexico, KYOTO Protocol, PROTECTION of the environment, countries INDUSTRIALISE, countries developed, investment, ISSUING CREDIT, developing countries, clean development mechanism, CDM, REDUCTION, EMISSION of gas A greenhouse effect, GHG, issue permits, joint implementation, JI JORF n ° 251 of 28 October 2007 page 17649 text no. 3 Decree No. 2007-1534 of 26 October 2007 on the publication of the agreement between the Government of the French Republic and the Government of the United Mexican States on the mechanism for clean development in the context of article 12 of the Kyoto Protocol developed on December 11, 1997, signed at Paris on 22 October 2004 (1) NOR: MAEJ0768169D ELI: https://www.legifrance.gouv.fr/eli/decret/2007/10/26/MAEJ0768169D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2007/10/26/2007-1534/jo/texte the President of the Republic On the report of the Prime Minister and the Minister of foreign and European Affairs having regard to sections 52 to 55 of the Constitution;
Pursuant to law No. 2007-1204 dated August 10, 2007 authorizing approval of the agreement between the France and the United States of Mexico on the mechanism of clean development in the context of the Kyoto Protocol;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and the publication of the international commitments entered into by France;
Mindful of Decree No. 2005-295, March 22, 2005, on the publication of the Kyoto Protocol to the framework convention of the United Nations on climate change (two annexes), done at Kyoto on 11 December 1997 and signed by the France on 29 April 1998, enacts as follows: Article 1 the agreement between the Government of the French Republic and the Government of United Mexican States on the mechanism for clean development in the context of article 12 of the Protocol of Kyoto developed the December 11, 1997, signed at Paris on October 22, 2004, will be published in the Official Journal of the French Republic.


Article 2 the Prime Minister and the Minister of foreign and European Affairs are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.




Appendix A C C O R D between the Government of the Republic FRANÇAISE and the Government of United Mexican States on the mechanism for a clean development in the context of ARTICLE 12 of the elaborate KYOTO Protocol on 11 December 1997 the Government of the French Republic hereinafter referred to as "French party", and the Government of the United Mexican States, hereinafter referred to as "the Mexican side. Whereas the French Republic and the United Mexican States are Parties to the framework Convention of the United Nations on climate change and that each of these Parties, after obtaining permission from their internal legislative bodies, respectively deposited its instrument of ratification of the Kyoto Protocol to be part of it when he came into force;
Taking into account Article 12 of the Kyoto Protocol, decision 17/CP7 and 19/CP9 decision adopted by the 7th and 9th Conference of the Parties to the framework Convention of the United Nations on climate change that define the modalities and procedures for the implementation of clean development mechanism projects;
Recalling that on 23 January 2004 was created, according to an agreement issued by the President of the United Mexican States, called ANCAQ 'Mexican Committee for projects to reduce emissions and capture of greenhouse gases', which acts as the designated national authority for the implementation of the clean development mechanism to the Mexico and which the Presidency is assumed on a permanent basis by the head of the Department of the environment and resources natural;
If committing to take into account any decision relating to the implementation of Article 12 of the Kyoto Protocol on modalities and procedures, which may be adopted in future sessions of the Conference of the Parties to the Conference of the Parties serving as the meeting of the Parties or by the Executive Board of the clean development mechanism;
Anticipating the entry into force of the Kyoto Protocol;
Recognizing that the participation in projects of the clean development mechanism is voluntary and involves mutual cooperation in equal conditions;
Considering also that the mechanism for promoting clean development according to Article 12 of the Kyoto Protocol will result in an effective contribution to sustainable development and the reduction of greenhouse gas emissions;
Wishing to express the political will to develop a sustainable process of cooperation in the field of climate change through a rapid implementation, and effective for a clean development mechanism, have agreed to the following: Article 1 objective the objective of this agreement is to facilitate the development and implementation of projects to reduce greenhouse gas emissions in Mexico with the participation of French operational entities. Similarly, there for the purpose of transfer to French operational entities the quota of the certified emission reductions provided for in Article 12 of the Kyoto Protocol. In addition, the Parties will help, particularly with regard to information, stakeholders in relation to these projects the Mexico.
Projects must be designed so that they contribute to sustainable development in the Mexico and will be implemented in a spirit of cooperation between the Parties.
Article 2 scope decisions on approval of projects and the transfer of units, certified programs will be carried out in accordance with decision 17/CP7 and future decisions taken by the Conference of the Parties, by the Conference of the Parties serving as the meeting of the Parties or by the Executive Board of the clean development mechanism.
The Parties will be held each other informed of the provisions adopted in order to comply with the obligations provided for in the agreements of Marrakech (CP7) and future decisions taken by the Conference of the Parties, by the Conference of the Parties serving as the meeting of the Parties or by the Executive Board of the clean development mechanism, and to initiate projects under the clean development mechanism an including their decisions on the designation of the authority of the mechanism for a clean development.
This agreement shall apply from the date of its entry into force and the end of the first Kyoto Protocol commitment period (2012). However, the time limit of this period does not prevent accounting of emission reductions from the year 2000, in accordance with Article 12.10 of the Kyoto Protocol, nor the emissions and capture carbon reductions after 2012, according to the decisions adopted by the Conference of the Parties serving as the meeting of the Parties relating to future periods of engagement.
Section 3 Contribution of French part French, after consultation with the Mexican side, will contribute to the development and implementation of the projects of the mechanism for clean development on the basis of the following criteria: has) encouraging the participation of French operational entities in the implementation of projects of the CDM to the Mexico facility including the disclosure within the French companies of all Mexican emission reduction projects;
b) in establishing the guidelines and by assisting participants in the projects on themes such as methodologies for assessment of emission reductions, which may affect the implementation of clean development mechanism projects;
(c) in collaboration with the Mexican side in the setting up of workshops, exchange of information and expert missions in areas of prime importance to the implementation of clean development mechanism projects;
d) by facilitating, if need be, the acquisition on the part of potential buyers of units of certified emission reductions resulting from clean development mechanism projects;
(e) identifying, in the extent of its possibilities and interests, new areas conducive to the implementation of emission reduction projects.
Section 4 Contribution of the Mexican side the Mexican side will contribute to the implementation of projects of the mechanism for clean development according to the following criteria: has) by assisting participants to projects concerned with the identification and the development of emission reduction projects;
(b) by formally approving projects that meet the requirements of the country in accordance with the provisions of Article 12(5) and subsequent decisions of the Kyoto Protocol;
(c) disseminating information and relevant experiences related to the criteria established by the host country, to monitoring methodologies as well as to other aspects in accordance with the applicable law;
(d) by informing operational entities and the French authorities of all of their emission reduction projects;
(e) identifying, in the extent of its possibilities and interests, new areas conducive to the implementation of emission reduction projects.
Article 5 Coordination between the Parties

Two months after the signing of the agreement, the Parties will appoint their respective representatives who will become direct focal points. They will have the obligation to facilitate the communication between the competent institutions of the Parties in order to achieve the objective of this agreement.
Article 6 Cooperation in other areas of climate change the Parties undertake to maintain or adopt any other form of cooperation in the fight against climate change including new actions from the sectors of energy, promoting energy efficiency, renewable energy, transportation, waste and the sale of emission rights management among others.
Similarly, the Parties will strengthen dialogue on the current topics of discussion in the context of the framework Convention of the United Nations on climate change.
Article 7 authorities executrices. the Parties will establish a contact, through diplomatic channels, with the executrices authorities who will be responsible for the implementation of this agreement.
Article 8 intellectual property if activities carried out pursuant to this agreement resulted from products with commercial value and/or intellectual property rights, these will be subject to the national law applicable in the matter as well as to the international Conventions on the inalienable for both Parties subject.
Article 9 working relationship staff appointed by each of the Parties for the implementation of this agreement will remain under the direction of the country to which it belongs, maintaining his relationship with his party. Thus, no employment relationship cannot be established with the other party, which shall in no case be considered as a replacement pattern.
The Parties will ensure that staff participating in cooperation actions has health insurance, insurance for personal injury and life insurance so that in the event of loss in the context of cooperation activities of this agreement involving compensation for damages or compensation that is covered by the corresponding insurance company.
Article 10 entry and exit of personnel each party will perform all the necessary steps for the entry, stay and exit of personnel who will officially intervene in projects of cooperation emanating from this agreement. This staff shall comply with the provisions of the national legislation in force in the host country and cannot engage in any other activity outside its functions or receive no remuneration other than established. The staff will leave the host country in accordance with the laws and provisions in force in that country.
Article 11 Dispute Resolution any dispute or divergence from the interpretation, application or the management of this Agreement shall be resolved by mutual agreement between the Parties.
Article 12 final provisions this Agreement shall enter into force thirty (30) days after the date of receipt of the last notification through diplomatic channels by which the Parties shall inform the application of their internal legal requirements, and will expire at the end of the first Kyoto Protocol commitment period (2012), in accordance with the provisions of Article 2 of this agreement.
This agreement may be amended by consent of the Parties. These amendments will enter into force in accordance with the procedure established in paragraph 1 of this Article and may be renewed through a correspondence between the Parties, if necessary, according to the projects that have been agreed.
One of the Parties or the Parties may request the completion anticipated by this agreement, by notice in writing addressed to the other party within a period of ninety (90) days.
The early completion of this agreement will not affect, nor the execution of projects under the mechanism for clean development agreed upon between the Parties or the validity of certified emissions reductions from these projects.
Signed in Paris, 22 October 2004, in two original copies in french and Spanish, both texts being authentic and being equally authentic.
For the Government of the French Republic: Mr. Michel Barnier, Minister for Foreign Affairs for the Government of the United Mexican States: Mr. Luis Ernesto Derbez, Minister of external relations done at Paris, on October 26, 2007.
Nicolas Sarkozy by the President of the Republic: the Prime Minister, François Fillon Minister of Foreign Affairs and European, Bernard Kouchner

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