Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Decree No. 53-192 of 14 March 1953, as amended concerning the ratification and publication of international commitments entered into by France;
Having regard to Decree No. 2005-295 of 22 March 2005 on the publication of the Kyoto Protocol to the Framework Convention United Nations on climate change (set two annexes), made at Kyoto on 11 December 1997 and signed by France on 29 April 1998,
Clipping:
The cooperation agreement between the Government of the French Republic and the Government of the Republic Tunisia for the promotion of projects under the clean development mechanism established by the Kyoto Protocol annexed to the United Nations Framework Convention on Climate Change, signed in Tunis on 30 October 2006 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 Decree, each of which shall be published in the Official Journal of the French Republic.
COOPERATION AGREEMENT
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE TUNISIAN REPUBLIC FOR THE PROMOTION OF PROJECTS UNDER THE MECHANISM FOR OWN DEVELOPMENT ESTABLISHED BY THE KYOTO PROTOCOL ANNEXED TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE, SIGNED AT TUNIS, OCTOBER 30, 2006
The Government of the French Republic, hereinafter referred to as " The French Party ", and the Government of the Republic of Tunisia, hereinafter referred to " The Tunisian Party ",
Recalling that the French Republic and the Republic of Tunisia are Parties to the United Nations Framework Convention on Climate Change UNFCCC (hereinafter ' the Convention)Parties to the Kyoto Protocol annexed to the Convention (hereinafter the " Protocol) ;
Conscious that the global nature of climate change requires all countries to cooperate as much as possible and Participate in effective and appropriate international action, according to their common but differentiated responsibilities, their respective capacities and their social and economic situation;
Recalling the provisions of the Convention, and in particular Articles 4.3, 4.4, 4.5 and 11.5, which highlight the importance of cooperation between developed and developing countries in addressing climate change issues;
Recalling Article 12 of the Protocol, as well as decisions Adopted by the 7th, 9th and 11th Conferences of the Parties to the Convention and by the 1st meeting of the Parties to the Protocol on the Clean Development Mechanism (CDM), 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 (COP), the Conference of the Parties serving as the Meeting of the Parties to the Protocol (CP/RP) or by The CDM Executive Board;
Expressing their willingness to develop a sustainable process for cooperation on climate change, by promoting the implementation of the CDM,
agreed as follows:
Article First
Objective
1.1. The 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 Tunisia and the transfer of Certified emission reduction units (CERs) resulting from these activities in accordance with the provisions of Article 12 of the Protocol and subsequent decisions adopted by
. The above-mentioned projects are designed to contribute to the sustainable development of Tunisia. Both Parties shall ensure good cooperation in their implementation.
Article two
Scope
2.1. Decisions concerning the authorization of a public or private entity to participate in a CDM project, the approval of such a project by the Parties and the transfer of the corresponding CERs shall be made in accordance with the decisions taken by CP, CP/RP, Or the CDM Executive Board.
2.2. Decisions concerning the sharing of CERs generated by CDM projects referred to in Article 1 of this Agreement shall be taken by mutual agreement and project by project between the entities participating in those projects and the national authority designated by the Tunisian Party for the approval of CDM projects, which will keep them informed of the national authority designated by the French
. The Tunisian and French Parties shall keep each other informed of the arrangements made to fulfil the obligations under the Marrakesh Accords (decisions 15/CP7 and 17/CP7) and any other decision taken by CP, the CP/RP or the CDM Executive Board on the commitment of CDM projects, including the designation of the competent national authority for the evaluation and approval of such projects.
Article Three
Contribution of the two Parts
3.1. The French Party, in consultation with the Tunisian Party, contributes to the development and rapid implementation of CDM projects in Tunisia:
-facilitating and encouraging the participation of French entities in development and implementation In the implementation of CDM projects in Tunisia, in particular by informing them of the portfolio of potential CDM projects in Tunisia;
-by informing the French entities of the legal, fiscal, technical and financial conditions for the implementation of these Projects;
-by facilitating, where appropriate, acquisition by potential buyers of CERs resulting from CDM projects in Tunisia;
-implementing an effective procedure to allow French entities to participate in projects MDP and to approve these projects.
3.2. The Tunisian Party is contributing to the development and rapid implementation of CDM projects:
-by establishing an effective procedure to allow Tunisian entities to participate in CDM projects and to approve such projects and Disseminating information on national guidelines, criteria and procedures for the approval of CDM projects;
-by issuing, through its designated national authority, official letters of approval MDP projects that meet the national requirements and criteria established by the Tunisian Party in accordance with the provisions of Article 12.5 of the Protocol and relevant decisions adopted by CP, the CP/RP or the CDM Executive Board ;
-by providing the French Party with information on opportunities to implement CDM projects in Tunisia;
-identifying new areas for emission reduction projects.
Article four
Identifying CDM projects
4.1. This Agreement concerns the implementation of CDM projects in the following priority areas:
-energy substitution and the use of cleaner fuels in the transport sector;
-energy substitution in The industrial sector;
-the recovery, flaring and energy recovery of household waste landfill gas;
-the recovery and energy recovery of sludge and biogas from sewage treatment plants Urban;
-the development of renewable energies, in particular wind energy;
-the development of cogeneration.
4.2. CDM projects in areas not specified in § 4.1 may also be covered by the provisions of this Agreement.
Article five
Common provisions
5.1. Within two months of its signature, the French and Tunisian Parties shall designate national contact points for the implementation of this Agreement. These national contact points shall facilitate communication between the competent institutions of the Parties and between the entities concerned by the CDM projects in order to best achieve the objective of this Agreement. They shall prepare a joint report to their respective administrations in order to prepare a statement of the cooperation actions initiated or under definition under this Agreement.
5.2. Both Parties work to facilitate the exchange and coordination between their designated national authorities for the evaluation and approval of CDM
. Both Parties shall facilitate access by participants to CDM projects to information and expertise enabling the identification of baselines and additionality, monitoring and verification of net reductions, and Other issues that may arise during the development or implementation of CDM projects.
5.4. Both Parties will respect the ownership of the certified emission reduction units (CERs), as specified in individual contracts for each project.
5.5. The legal and financial modalities for the transfer of technologies subject to patents or other intellectual property rights will be specified, project by project, in the framework of the commercial contracts which will be concluded between the Project participants.
Article Six
Cooperation on other climate change topics
6.1. The Parties undertake to promote their cooperation in the fight against climate change in the most important areas of the economy, in particular in the field of renewable energy, the improvement of efficiency Energy and energy recovery of methane produced by waste.
6.2. The Parties also undertake to strengthen their dialogue on the topics discussed in the context of the Convention or the Protocol, in particular with a view to the preparation of negotiations on the future of the control regime Climate change.
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 shall expire at the end of the first commitment period of the Protocol, on 31 December 2012. It shall be renewed by tacit renewal for successive periods of ten years, except for the reverse declaration of one of the two Parties, in writing and by diplomatic means, six months before the end of a renewal
. Each Party may cease to apply this Agreement if it informs the other Party, through diplomatic channels, six months before the date of denunciation. The denunciation of the Agreement shall not, however, call into question the implementation of the CDM projects which have been approved by the Parties during the period of application of this Agreement, the ownership of the CERs generated by those projects, in accordance with the provisions of the Agreement Contracts that apply to each of these projects or their validity.
7.4. This Agreement shall not call into question the possibility of accounting for emission reductions from the year 2000, in accordance with Article 12.10 of the Protocol, nor the emission reductions and carbon capture achieved after 2012, According to CP/RP decisions for future periods of engagement.
7.5. This Agreement may be amended by both Parties by mutual consent expressed in writing.
Done at Tunis, on October 30, 2006, in two copies, each in the French and Arabic languages. Both texts are equally authentic.
For the Government
of the French Republic:
Minister of Ecology and
Development,
Nelly Olin
For the Government of
of the Republic of Tunisia :
Minister of the Environment
and Sustainable Development,
Nadhir Hamada
Done at Paris, January 22, 2007.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
