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 Argentine Republic for the promotion of the clean development mechanism under Article 12 of the Kyoto Protocol, signed in Buenos Aires on 15 April 2004, 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 ARGENTINA REPUBLIC FOR THE PROMOTION OF THE MECHANISM FOR PROPERTY PREVUTED BY ARTICLE 12 OF THE KYOTO PROTOCOL
The Government of the French Republic, designated as the French Party,
The Government of the Argentine Republic, designated as the Argentine Party,
Recalling that the French Republic and the Argentine 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 light of Article 12 of the Kyoto Protocol, 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 decision on the implementation of Article 12 of the Kyoto Protocol, which could be adopted by the Conference of the Parties (CP), the Conference of the Parties serving as the Meeting of the Parties (CP/RP) or by the CDM Executive Council 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,
The following agreed:
Article 1
Objective
The objective of this Agreement is to promote the realization, involving French operators, of projects for the reduction of greenhouse gas emissions and sequestration in Argentina 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 Argentina and implemented in a spirit of partnership between the Parties.
Article 2
Scope
Decisions relating to the approval of a project and the transfer of the Certified Emission Reduction Units (CEDUs) will be made in accordance with Decision 17/CP.7 and subsequent decisions made on this subject by CPs, CP/RP or the CDM Executive Council, and will, in particular, be subject to prior approval by Parties.
The Argentine and French Parties will be kept informed, inter alia, of the steps taken to fulfil the obligations set out in the Marrakesh Agreements to undertake CDM projects, including the designation of the competent national authority.
This Agreement covers the period between 2004 and the end of the first commitment period under the Kyoto Protocol (2012). However, the limitation of this period 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 beyond 2012, according to the decisions adopted by the CP/RP regarding subsequent commitment periods.
Article 3
Contribution of the French Party
The French Party, in consultation with the Argentine Party, will contribute to the early development and implementation of CDM projects in Argentina:
By promoting the participation of French operators in the development and implementation of MDP projects in Argentina, including by informing them on Argentina's portfolio of projects related to emission reductions and sequestration;
By providing advice and support to project participants, on topics such as emission reduction assessment methodologies, which can slow down the development of CDM projects;
By facilitating, where appropriate, the acquisition of certified emission reduction units resulting from these projects by potential buyers.
Article 4
Obligations of the Argentine Party
The Argentine Party will contribute to the early development and implementation of CDM projects, in accordance with its general policy:
By supporting interested participants in the identification and formulation of emission reduction and sequestration projects;
By formally approving projects that meet the 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;
By 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 Argentine and French parties will designate representatives of the national authority to establish direct points of contact on all matters relating to its implementation.
Article 6
Cooperation on other related topics
climate change
Based on the cooperation in the forest sector, the two Parties agree to continue their collaboration, taking into account any future decisions on the terms and procedures for land use, change of use and forest activities under Article 12 that are to be adopted at CP or CP/RP during its future sessions.
Enhanced cooperation in other areas of climate change is envisaged, for example, with respect to topics under discussion within the framework of UNFCCC.
Article 7
This Agreement comes into force on the date of signature and expires at the end of the first commitment period of the Kyoto Protocol. The Agreement is renewable. A Party may cease to apply this Agreement if it informs the other Party in writing and by diplomatic means six months before the date on which this Agreement is terminated. This Agreement may be amended and supplemented by the Parties with a written agreement.
The implementation of the CDM projects that have been approved by the Parties during the period of application of this Agreement and the validity of the Certified Reduction Units for Emissions generated by these projects will not be affected by the denunciation of this Agreement.
Done in Buenos Aires on 15 April 2004, in double copy, each in French and Spanish, both texts being equally authentic.
Done in Paris, November 8, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Foreign Affairs,
Michel Barnier
For the Government
of the French Republic:
Francis Lott
Ambassador of France
Argentina
For the Government
of the Argentine Republic:
Dr. Atilio Armando Savino
Secretary of State
to the Environment
Sustainable Development
