Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
In view of the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France,
Decrete:
The agreement between the Government of the French Republic and the Government of the Republic of Colombia for the promotion of the clean development mechanism under Article 12 of the Kyoto Protocol, signed in Bogota on 14 May 2003, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, 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 THE GOVERNMENT OF THE COLOMBIA REPUBLIC FOR THE PROMOTION OF THE MECHANISM FOR PROPERTY PREVUTED BY ARTICLE 12 OF THE KYOTO PROTOCOL
The Government of the French Republic, designated below as the French Party;
The Government of the Colombian Republic, designated below the Colombian Party and represented by the Ministry of Environment, Housing and Territorial Development, acting as the designated national authority;
Recalling that the French Republic and the Colombian Republic are Parties to the United Nations Framework Convention on Climate Change (UNFCCC) and that each has deposited an instrument of approval or accession to the Kyoto Protocol to become a Party to the Kyoto Protocol upon its entry into force;
In view of Article 12 of the Kyoto Protocol and Decision 17 adopted by the 7th Conference of the Parties (17/CP. 7) to the UNFCCC on the modalities and procedures for the implementation of the Clean Development Mechanism (CDM);
Undertaking to take into account any decisions relating to the implementation of Article 12 of the Kyoto Protocol, which could be adopted by the Conference of the Parties (COP), the Conference of the Parties serving as the Meeting of the Parties (COP/MOP) or the CDM Executive Committee at any of their next sessions;
Anticipating the entry into force of the Kyoto Protocol;
Considering that participation in the Clean Development Mechanism is voluntary and involves mutual and balanced cooperation;
Considering that the promotion of the CDM, under Article 12 of the Kyoto Protocol, will make an effective contribution to sustainable development and the reduction of greenhouse gas emissions;
Desiring to express a political will to implement sustainable cooperation in combating climate change, by promoting the rapid, effective and effective implementation of the CDM,
agreed that:
Article 1
Objective
The objective of this agreement is to promote the realization, involving French operators, of projects to reduce greenhouse gas emissions and sequestration in Colombia and the transfer to French operators on the approved part of certified emission reduction units resulting from these projects, in accordance with Article 12 of the Kyoto Protocol.
These projects will be designed to contribute to sustainable development in Colombia and implemented in a spirit of partnership between the Parties.
Article 2
Scope
Decisions regarding the approval of a project and the transfer of the corresponding certified emission reduction units (CERs) will be made in accordance with Decision 17/CP. 7 and subsequent decisions made on this subject by COPs, COP/MOPs or the CDM Executive Committee, and in particular, will be submitted for prior approval by Parties.
The Colombian and French Parties will be kept informed of the steps taken to fulfil the obligations set out in the Marrakesh Agreements to initiate CDM projects, including the designation of the competent national authority.
This agreement covers the period between 2003 and the end of the first commitment period under the Kyoto Protocol (2012). However, the limitation of this period does not jeopardize the possibility of accounting for emission reductions from the year 2000, in accordance with Article 12-10 of the Kyoto Protocol, or the emission reductions beyond 2012, as determined by the COP/MOP for subsequent commitment periods.
Article 3
Contribution of the French Party
The French Party, in consultation with the Colombian Party, will contribute to the early development and implementation of CDM projects in Colombia:
- by promoting the participation of French operators in the development and implementation of MDP projects in Colombia, including by informing them on the portfolio of projects in Colombia regarding emission reductions and sequestration;
- providing advice and support to project participants, on topics such as emission reduction assessment methodologies, which can slow down the proper development of CDM projects;
- facilitating, where appropriate, the acquisition of certified emission reduction units resulting from these projects by potential buyers.
Article 4
Obligations of the Colombian Party
The Colombian Party will contribute to the early development and implementation of CDM projects:
- supporting interested participants in the identification and formulation of emission reduction and sequestration projects;
- by formally approving projects that meet national criteria and comply with Article 12.5 of the Kyoto Protocol and subsequent relevant decisions;
- by disseminating relevant information and experiences on baseline scenarios in the host country, emission monitoring methods and other related issues;
- informing French operators and authorities of its portfolio of emission reduction and sequestration projects.
Article 5
Coordination between Parties
Within two months following the signing of the agreement, the Colombian and French Parties shall designate representatives of the national authority to establish direct points of contact on all matters relating to the implementation of the agreement.
Article 6
Cooperation on other topics
related to climate change
Building on the cooperation in the forest sector, including from a climate change perspective, the two Parties agree to continue their collaboration to jointly develop forest-reforestation pilot projects, taking into account any future decisions on land-use modalities and procedures, land-use change and forest-related activities under Article 12 that are to be adopted at COP or COP/MOP/D.
Enhanced cooperation in other areas of climate change is envisaged, for example, with respect to topics under discussion within the framework of the UNFCCC.
Article 7
This Agreement shall be concluded until the end of the first commitment period of the Kyoto Protocol; It's renewable. It comes into force from the date of signature and may be amended by agreement between the Parties. It may be denounced by one of the Contracting Parties which shall notify the other Party in that sense at least six months before the withdrawal of this Agreement comes into force.
The implementation of projects that have been approved by the Parties during the period of application of this Agreement and the validity of the REMUs generated by these projects will not be affected by the denunciation of this Agreement.
Done in Bogota on 14 May 2003, in two copies, each in French and Spanish, both texts being equally authentic.
For the Government
of the French Republic:
Daniel Perfect
Ambassador of France
Colombia
For the Government
of the Republic of Colombia:
C. Rodriguez Gonzalez-Rubio
Minister of the Environment,
Housing
and Territorial Development
Done in Paris, October 28, 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Foreign Affairs,
Dominique de Villepin
