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 cooperation agreement between the Government of the French Republic and the Government of the Gabonese Republic for the promotion of the implementation of the clean development mechanism established by the Kyoto Protocol to the United Nations Framework Convention on Climate Change, signed in Nairobi on 16 November 2006, 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.
AGREEMENT
OF COOPERATION IN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE GABONAISE REPUBLIC FOR THE PROMOTION OF THE IMPLEMENTATION OF THE MECHANISM FOR PROPERTY DEVELOPMENT
The Government of the French Republic, following designated as the French Party
And the Government of the Gabonese Republic, below designated as the Gabonese Party,
Recalling that the French Republic and the Gabonese Republic are Parties to the United Nations Framework Convention on Climate Change (hereinafter referred to as the "Convention") and Parties to the Kyoto Protocol to the UNFCCC (hereinafter "the Protocol"),
Recognizing that the global nature of climate change requires all countries to cooperate as much as possible and to participate in international, effective and appropriate action, in accordance with their common but differentiated responsibilities, their respective capacities and their social and economic situation,
Recalling the provisions of the Convention, including Articles 4.3, 4.4, 4.5 and 11.5, which underline the importance of cooperation between developed and developing countries in addressing the challenges of climate change,
Recalling Article 12 of the Protocol, as well as the decisions adopted by the 7th, 9th and 11th Conferences of the Parties to the Convention and the 1st Meeting of the Parties to the Protocol on the Clean Development Mechanism (CDM) and which define the modalities and procedures for their implementation,
Affirming their commitment to take into account any decision on the implementation of the CDM 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 Kyoto Protocol (CP/RP) or the CDM Executive Board (DPC),
Expressing their commitment to developing a sustainable climate change cooperation process, by promoting the implementation of the CDM,
The following agreed:
Article 1
General objective of the agreement
1.1. The general objective of this agreement is to facilitate the development and implementation, with the participation of French entities, of projects for the reduction, avoidance or sequestration of greenhouse gas emissions in Gabon. These projects shall allow the transfer of Certified Emission Reduction Units (CEDUs) resulting from the activities associated with them, in accordance with the provisions of Article 12 of the Kyoto Protocol and the decisions adopted by the CP, CP/RP.
1.2. These projects will have to contribute to the sustainable development of Gabon. Both Parties are committed to ensuring the level of cooperation necessary for their implementation.
Article 2
Application framework
2.1. Authorizations to participate in a CDM project granted by the Parties to this Agreement to a public and/or private entity, the approval of the resulting project and the transfer of the corresponding CERs shall be carried out in accordance with the provisions of the CP, CP/RP and the CDM Executive Council (DPC).
2.2. Decisions relating to the sharing of CERs from CDM projects covered by this Agreement will be taken jointly by the entities participating in these projects and the National Authority designated by the Gabonese Party for approval of CDM projects, which will inform the National Authority designated by the French Party.
2.3. The Gabonese and French Parties shall be kept mutually informed of the steps taken to fulfil the obligations set out in the Marrakesh Agreements (decisions 15/CP7 and 17/CP7) and any other decision taken by CP, CP/RP or the CDM Executive Council on the undertaking of CDM projects, including the designation of the competent national authority for the evaluation and approval of such projects.
Article 3
Field of projects
3.1. This agreement concerns the implementation of CDM projects in the following priority areas:
- energy substitution in the industrial sector;
- the development of renewable energies and particularly wind, solar, hydroelectric energy;
- the recovery, torching and energy recovery of waste gas from household wastes;
- the recovery and energy recovery of muds and biogas from urban wastewater treatment plants;
- the development of cogeneration;
- biological sequestration of carbon.
Article 4
Contribution of both Parties
4.1. The French Party, in consultation with the Gabonese Party, contributes to the rapid development and implementation of CDM projects in Gabon:
- by facilitating and encouraging the participation of French, public or private entities, the development and implementation of CDM projects in Gabon, including by informing them of the potential CDM project portfolio in Gabon;
- informing French entities on the technical, institutional and financial conditions for the implementation of these projects;
- facilitating, where appropriate, the acquisition by potential buyers of CERs resulting from MDP projects in Gabon;
- by ensuring the application by its designated National Authority of an effective procedure to authorize French, public or private entities, to participate in CDM projects and to individually aggregate each of these projects by the issuance of an Official Letter of Accreditation (LOA), in accordance with the obligations of Annex B countries of the Kyoto Protocol.
4.2. The Gabonese Party contributes to the early development and implementation of CDM projects:
- by establishing, under the authority of its designated National Authority, an effective procedure to authorize voluntary entities to participate in and approve CDM projects, and by disseminating information on national guidelines, criteria and procedures for approval of CDM projects;
- by issuing, through its designated National Authority (AND), the official letters of approval (LOA) of the CDM projects that meet the national requirements and criteria established by the Gabonese Party in accordance with the provisions of Article 12.5 of the Kyoto Protocol and the relevant decisions adopted by CP, CP/RP or the CDM EC;
- by providing the French Party with information on possible implementation of CDM projects in Gabon;
- identifying new areas for emission reduction projects.
Article 5
Common provisions
5.1. Within two months after its signature, the Gabonese and French Parties shall designate national focal points for the implementation of this Agreement. These national focal points will facilitate communication between the relevant institutions of the Parties and between entities interested in CDM projects in order to achieve the overall objective of this Agreement as best as possible. They shall prepare an annual joint report with their respective administrations to prepare a statement of the cooperative actions undertaken or under definition under this Agreement.
5.2. Both Parties are working to facilitate the exchange and coordination between their ANDs for the evaluation and approval of CDM projects.
5.3. Both Parties facilitate access to information and expertise for CDM project participants for the identification of baselines and additions, monitoring and verification of net reductions, and other issues that may arise in the development or implementation of CDM projects.
5.4. Both Parties will respect the ownership of CERs. It will be defined by mutual agreement between the entities involved in these projects and the National Authority Designated Gabon, and specified in the contracts for these projects.
Article 6
Cooperation on other topics related to climate change
6.1. Parties are committed to promoting their cooperation in the fight against climate change in the most important areas of the economy, particularly in the area of improving energy efficiency.
6.2. Similarly, Parties are committed to strengthening their dialogue on the topics discussed under the Convention or Protocol, including those related to the preparation of negotiations on the future of the climate change regime.
Article 7
Validity and amendment
7.1. This Agreement shall enter into force on the date of its signature by both Parties.
7.2. This Agreement does not question 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 and carbon capture made after the year 2012, as determined by the CP/RP for future commitment periods.
7.3. This Agreement is valid until the first commitment period of the Kyoto Protocol. It is renewable by tacit renewal for successive five-year periods, except for the inverse declaration of one of the two Parties, in writing and by diplomatic means, six months before the end of a renewal period.
7.4. 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. However, this possibility of denunciation of the agreement does not question the implementation of the CDM projects that have been approved by the Parties during the period of application of this Agreement, and does not affect the validity or ownership of the CERs generated by these projects, in accordance with the decisions of the contracts of these projects.
7.5. This Agreement may be amended by both Parties with a common consent expressed in writing.
Done in Nairobi on 16 November 2006 in two French-language copies.
For the Government
of the French Republic:
Minister of Ecology
and Sustainable Development
Nelly Olin
For the Government
of the Gabonese Republic:
The Minister of the Environment,
Georgette Koko
Done in Paris, 9 November 2007.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
