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;
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. 94-501 of 20 June 1994 on the publication of the United Nations Framework Convention on Climate Change (two annexes), concluded in New York on 9 May 1992 and signed by France on 13 June 1992;
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 Ukraine for the promotion of projects under the "joint implementation mechanism" under the Kyoto Protocol, signed in Paris on 15 March 2007, 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 FRANÇAISE REPUBLIC AND THE GOVERNMENT OF UKRAINE FOR THE PROMOTION OF DRAFT PROJECTS TO THE MECHANISM OF "MISE IN IMPLEMENTATION" PREVIOUS BY THE KYOTO PROTOCOL
The Government of the French Republic, hereafter referred to as "the French Party", and
the Government of Ukraine, hereafter referred to as "the Ukrainian Party",
Considering that the French Republic and Ukraine are Parties to the United Nations Framework Convention on Climate Change (hereinafter referred to as the Convention) and the Kyoto Protocol;
Recalling that, under the Preamble to the Convention, the global nature of climate change requires all countries to cooperate as much as possible and to participate in effective international action commensurate with their capacities and socio-economic situation, in accordance with their common but differentiated responsibilities;
Desirous of engaging in sustainable cooperation to combat climate change, including by promoting the implementation of projects under the "joint implementation mechanism" (hereinafter the "OCM") under Article 6 of the Kyoto Protocol;
Taking into account Article 6 of the Protocol, as well as decisions 2/CMP.1, 9/CMP.1 and 10/CMP.1 adopted by the 1st Conference of the Parties serving as the Meeting of the Parties to the Protocol, which define the modalities and procedures for the implementation of MOC projects;
Undertaking to take into account any decision on the implementation of Article 6 of the Kyoto Protocol adopted by the Conference of the Parties to the Convention (CP), the Conference of the Parties serving as the Meeting of the Parties to the Protocol (CP/RP), and, where appropriate, by the MOC Oversight Committee;
Taking into account the decisions that may be adopted by any meeting of the CP, CP/RP or, where appropriate, by the MOC Supervisory Committee,
The following agreed:
Article 1
Objective
The objective of this Agreement is to promote the development and implementation, with the participation of French entities, of projects aimed at the reduction or sequestration of greenhouse gas emissions in Ukraine, as well as the transfer of the corresponding emission reduction units (EDUs) within the framework of the MOC mechanism provided for in Article 6 of the Kyoto Protocol.
Projects are designed to contribute to the sustainable development of the Ukrainian part. Both Parties ensure the success of good cooperation in the implementation of these projects.
Article 2
Scope
Decisions relating to the authorization of a public and/or private entity to participate in a project under the MOC, its approval by each of the two Parties and the transfer of the corresponding ERUs shall be made in accordance with decisions taken by the CP, CP/RP or, where appropriate, by the MOC Supervisory Committee.
The French and Ukrainian Parties shall be kept mutually informed of the steps taken to fulfil the obligations set out in decisions 2/CMP.1, 9/CMP.1 and 10/CMP.1 and any other relevant decisions taken by CP, CP/RP or, where appropriate, by the MOC Oversight Committee.
Article 3
Obligations of the French Party
The French Party, in consultation with the Ukrainian Party, contributes to the rapid development and implementation of MOC projects in Ukraine, including:
- by promoting the participation of French entities in the implementation of MOC projects in Ukraine, including information on the MOC project portfolio in Ukraine;
- informing them of the technical, institutional and financial conditions for the implementation of these projects;
- facilitating, where appropriate, the acquisition of ERUs resulting from MOC projects by potential buyers;
- Implementing an effective procedure to allow French entities to participate in MOC projects and to endorse these projects.
Article 4
Obligations of the Ukrainian Party
The Ukrainian Party contributes to the early development and implementation of projects under the MOC:
- adopting the national guidelines, criteria and procedures for the approval of these projects and ensuring the effectiveness of the approval procedure;
- facilitating the identification and knowledge of MOC project opportunities by interested French entities;
- allowing French entities wishing to participate in a MOC project to validate the ERU estimation methodology generated by the project and to verify the amount of ERUs actually generated, according to their choice, either by an entity accredited by the Ukrainian authorities or by an independent entity or a designated operational entity accredited in accordance with decisions 2/CMP.1, 9/CMP.1 and 10/CMP.1 and the decisions adopted by the CPRP, the CP/
- by disseminating information on the requirements, criteria and accreditation procedures established by the Ukrainian Party for the approval of projects;
- facilitating the formal accreditation of projects that meet national requirements and criteria established by the Ukrainian Party in accordance with the provisions of Article 6 of the Protocol and the decisions adopted by the CP, CP/RP or, where appropriate, the MOC Activities Supervisory Committee;
- informing French entities and authorities of projects and opportunities in Ukraine under the MOC;
- identifying new areas for emission reduction projects.
Article 5
Coordination between Parties
Within two months after its signature, the French and Ukrainian Parties shall designate national focal points for the implementation of this Agreement. These national focal points facilitate communication between the competent institutions of the Parties and between the entities involved in projects under the MOC in order to achieve the best objective of this Agreement.
Article 6
Cooperation on other topics
related to climate change
Parties undertake to continue and adopt any other form of cooperation in the fight against climate change in the most important areas of the economy, in particular in the area of improving energy efficiency and the energy development of methane produced by waste and in other sectors to be jointly identified.
Similarly, Parties are strengthening the dialogue on topics under the Convention or the Protocol.
Article 7
This Agreement comes into force on the date of its signature and expires on the first commitment period of the Kyoto Protocol, 31 December 2012. It is renewed by tacit renewal for successive periods of ten years, unless the reverse declaration of one of the two Parties, in writing and through diplomatic channels, six months before the end of a renewal period.
This Agreement does not question the possibility of accounting for emission reductions beginning in 2006, in accordance with Decision 9/CMP.1, or the emission reductions and carbon capture made after 2012, based on decisions taken by the CP/RP regarding future commitment periods.
This Agreement may be amended and supplemented by the Parties with a written agreement.
Each Party may cease to apply this Agreement if it informs the other Party, by diplomatic means, six months before the date of the denunciation.
The implementation of MOC projects approved by the Parties during the period of application of this Agreement, the ownership of ERUs generated by these projects, in accordance with the provisions of the contracts of these projects and in accordance with the national legislation of the participants, and their validity shall not be affected by the denunciation of this Agreement.
Done in Paris on 15 March 2007, in duplicate, in French and Ukrainian languages, both texts being equally authentic. In the event of a dispute in the interpretation of the terms of this Agreement, preference is given to the French text.
For the Government
of the French Republic:
Christine Lagarde
Minister Delegate
Trade
For the Government
of Ukraine:
Vassyl Djarty
Minister of Protection
Environment
Done in Paris, November 6, 2007.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
