Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Considering Act No. 2007-1204 of 10 August 2007 authorizing approval of the agreement between France and the United States of Mexico on the clean development mechanism under the Kyoto Protocol;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 2005-295 of 22 March 2005 on the publication of the Kyoto Protocol to the United Nations Framework Convention on Climate Change (two annexes), made in Kyoto on 11 December 1997 and signed by France on 29 April 1998,
Decrete:
The agreement between the Government of the French Republic and the Government of the Mexican United States on the clean development mechanism under Article 12 of the Kyoto Protocol drawn up on 11 December 1997, signed in Paris on 22 October 2004, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF THE UNITED STATES MEXICAINS ON THE MECHANISM FOR PROPREDEPLY DEVELOPMENT IN THE FRAMEWORK OF ART 12 OF THE KYOTO PROTOCOL ON 11 DECEMBER 1997
The Government of the French Republic, hereafter referred to as "the French Party", and the Government of the Mexican United States, hereafter referred to as "the Mexican Party",
Considering that the French Republic and the United States of America are Parties to the United Nations Framework Convention on Climate Change and that each of these Parties, after obtaining the authorization of their domestic legislative bodies, deposited its instrument of ratification of the Kyoto Protocol to be a Party to the Kyoto Protocol upon its entry into force;
Taking into account Article 12 of the Kyoto Protocol, decision 17/CP7 and decision 19/CP9 adopted by the 7th and 9th Conferences of the Parties to the United Nations Framework Convention on Climate Change that define the modalities and procedures for the implementation of clean development mechanism projects;
Recalling that on 23 January 2004 the Inter-ministerial Commission, known as the Mexican Committee for Greenhouse Gas Emission Reduction and Capture Projects, was established, under an agreement issued by the President of the Mexican United States, which acts as the National Authority designated for the implementation of the clean development mechanism in Mexico and whose presidency is permanently assumed by the head of the Ministry of the Environment and Natural Resources;
Undertaking to take into account any decisions relating to the implementation of Article 12 of the Kyoto Protocol on modalities and procedures, which could be adopted at future sessions of the Conference of the Parties, the Conference of the Parties serving as the meeting of the Parties or the Executive Council of the clean development mechanism;
Anticipating the entry into force of the Kyoto Protocol;
Recognizing that participation in the clean development mechanism projects is voluntary and involves mutual cooperation on equal terms;
Recognizing also that the promotion of the clean development mechanism under Article 12 of the Kyoto Protocol will result in an effective contribution to sustainable development and the reduction of greenhouse gas emissions;
Desiring to express the political will to develop a sustainable process of cooperation in the field of climate change through the rapid, effective and effective implementation of the clean development mechanism,
The following agreed:
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. In addition, the purpose of the project is to transfer to French operational entities the quota for certified emission reductions under Article 12 of the Kyoto Protocol. In addition, Parties will assist, including information, stakeholders in relation to the implementation of these projects in Mexico.
Projects should be designed so that they contribute to sustainable development in Mexico and will be implemented in a spirit of cooperation between the Parties.
Article 2
Area of application
Decisions on project approval and transfer of certified emission reduction units will be made 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 Council of the clean development mechanism.
The Parties shall be mutually informed of the provisions adopted to comply with the obligations set out in the Marrakesh Agreements (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 Council of the clean development mechanism, and to undertake projects within the framework of the clean development mechanism including their decisions on the designation of the National Authority of the clean development mechanism.
This Agreement will apply between the date of its entry into force and the end of the first commitment period under the Kyoto Protocol (2012). However, the time limit for this period does not prevent the recording of emission reductions from the year 2000, in accordance with Article 12.10 of the Kyoto Protocol, or the reductions in emissions and carbon capture after 2012, as decided by the Conference of the Parties serving as the meeting of the Parties for future commitment periods.
Article 3
Contribution of the French Party
The French Party, having consulted the Mexican Party, will contribute to the development and implementation of the clean development mechanism projects on the basis of the following criteria:
(a) Encouraging the participation of French operational entities in the implementation of projects of the clean development mechanism in Mexico, including the disclosure within the French companies of all Mexican emission reduction projects;
(b) By establishing the guidelines and assisting project participants on topics such as emission reduction assessment methodologies, which can affect the implementation of clean development mechanism projects;
(c) By working with the Mexican Party in the development of workshops, information exchange and expert missions in areas of primary importance for the implementation of clean development mechanism projects;
(d) By facilitating, if necessary, the acquisition of the share of potential buyers of certified emission reduction units resulting from the clean development mechanism projects;
(e) By identifying, to the extent of its possibilities and interests, new areas conducive to the realization of emission reduction projects.
Article 4
Contribution of the Mexican Party
The Mexican Party will contribute to the implementation of clean development mechanism projects as follows:
(a) By assisting participants in projects interested in identifying and developing emission reduction projects;
(b) By formally approving projects that comply with the conditions of the country in accordance with Article 12.5 and subsequent decisions of the Kyoto Protocol;
(c) By disseminating relevant information and experiences relating to the criteria established by the host country, monitoring methodologies and other aspects in accordance with applicable legislation;
(d) By informing operational entities and French authorities of all their emission reduction projects;
(e) By identifying, to the extent of its possibilities and interests, new areas conducive to the realization of emission reduction projects.
Article 5
Coordination between Parties
Two months after the signing of the Agreement, Parties will appoint their respective representatives to become the direct contact points. They shall be obliged to facilitate communication between the competent institutions of the Parties in order to achieve the best of the objective of this Agreement.
Article 6
Cooperation in other areas
climate change
Parties undertake to retain or adopt any other form of cooperation in the fight against climate change, including new actions from the energy sectors, the promotion of energy efficiency, renewable energy, transport, waste management and the sale of emissions rights, among others.
Similarly, Parties will strengthen the dialogue on current discussion themes under the United Nations Framework Convention on Climate Change.
Article 7
Executive authorities
Parties shall establish diplomatic contact with the executive authorities responsible for the implementation of this Agreement.
Article 8
Intellectual property
If activities carried out in accordance with this Agreement resulted from products of commercial value and/or intellectual property rights, they would be subject to the relevant national legislation and the inalienable international conventions for both Parties.
Article 9
Labour relationship
The staff designated by each Party for the implementation of this Agreement shall remain under the direction of the country to which it belongs, maintaining its relationship with its Party. As a result, no working relationship could be established with the other Party, which could in no way be considered a replacement manager.
The Parties shall ensure that the personnel participating in the cooperative shares have health insurance, personal damage insurance and life insurance so that, in the event of a loss in the context of the cooperative activities of this Agreement that the damages be repaired or compensated by the corresponding insurance company.
Article 10
Entry and exit of staff
Each Party shall undertake all necessary steps for the entry, stay and exit of personnel who will formally intervene in the cooperation projects emanating from this Agreement. Such staff shall be subject to the provisions of national legislation in force in the host country and shall not be able to perform any other activities outside of their duties or to receive any remuneration outside of those established. Staff will leave the host country in accordance with the laws and provisions in force in that country.
Article 11
Resolution of disputes
Any dispute or discrepancy arising from the interpretation, application or 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, by diplomatic means, by which the Parties shall strengthen the application of their domestic legal conditions, and shall expire at the end of the first commitment period of the Kyoto Protocol (2012), in accordance with the provisions of Article 2 of this Agreement.
This Agreement may be amended by written consent of the Parties. These amendments shall enter into force in accordance with the procedure established in the first paragraph of this Article and may be renewed through written communication between the Parties, if necessary, according to the projects agreed upon.
A Party or Parties may request the early completion of this Agreement by means of a written notice to the other Party within a period of ninety (90) days.
The early completion of this Agreement will not affect the implementation of projects under the clean development mechanism agreed between the Parties or the validity of certified emission reductions from these projects.
Signed in Paris on 22 October 2004, in two original French and Spanish copies, both texts being authentic and equally authentic.
For the Government
of the French Republic:
M. Michel Barnier
Minister
Foreign Affairs
For the Government
of the Mexican United States:
Mr. Luis Ernesto Derbez
Minister
External Relations
Done in Paris, October 26, 2007.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
