REPOBLIKAN'I MADAGASIKARA Tanindrazana - Fahafahana - Fandrosoana law n ° 2003-009 authorizing the ratification of the Kyoto Protocol to the framework agreement of the United Nations on the changes climate explanatory the vast majority of scientists now believes that the increase in the concentrations of greenhouse gases, resulting from economic and population growth over the past two centuries since the industrial revolution is trying to supplant the normal climate variability and leads to irreversible climate change.
The reports of the Intergovernmental Group of experts on the Evolution of the climate (IPCC) confirmed the influence of human activities on the global climate. The third IPCC assessment report in 2001 projected that global average surface temperatures would increase by 1.4 to 5.8 by 2100 and that global average sea levels would rise 9 to 90 cm, resulting in the flooding of many low-lying coastal areas. Changes in precipitation patterns are also planned, increasing the threat of drought, floods or intense storms in many regions.
The implications of current climate disturbances already alert us on the potentially dramatic negative impacts of climate change on human health, food security, economic activity, water resources and physical infrastructure. Agriculture could be seriously upset, leading to the fall in yields of crops in many regions. Tropical diseases are likely to spread; the geographical area of potential transmission of malaria, for example, could increase by nearly 45% of the world population today to about 60% in the second half of this century. The increase in the sea level and changing patterns of time could also trigger migrations of large scale from the most seriously affected areas. While no one can escape the climate change, these are people and the poorest countries who are most vulnerable to negative impacts.
In this context, the Kyoto Protocol to the Convention on climate change, adopted at the third session of the Conference of the Parties in 1997 and based on the legally binding commitment to end, and then to reverse the trend of rising emissions that began in the industrialized countries 150 years ago, represents the international community one step closer to the realization of the ultimate objective of the Convention which is to prevent "disruption." "anthropogenic dangerous (caused by humans) of the climate system."
The Kyoto Protocol sets legally binding targets of emissions reduction for the countries referred to in annex I (developed countries).
Indeed, developed countries commit to reduce their gas emissions total greenhouse of at least 5% from the 1990 level in the period 2008 to 2012.
To help developed countries reduce the costs to achieve their emission targets by purchasing reductions cheaper in countries other than their, the Kyoto Protocol establishes flexibility that joint implementation mechanisms, trade show and the mechanism for a clean development (CDM). Only the CDM concerns developing countries. It aims to promote sustainable development and enables industrialized countries to finance emission reduction projects in developing countries and receive credit as such.
Like other developing countries, Madagascar should enjoy the possibilities of the CDM to solve some socio-economic and environmental problems of the country while reducing greenhouse gas emissions. We can quote as possibilities: reduction of dependence on fossil fuels, reduction of energy costs, the improvement of energy efficiency, the health benefits resulting from the improvement of the quality of local air, access to green technology, the increase in investment in areas of the economy, the socio-economic benefits associated with improved infrastructure and job opportunities.
To allow our country to participate and benefit from the opportunities offered by the CDM, it must adhere to the Kyoto Protocol.
That is, the subject of this Act.
2 REPOBLIKAN'I MADAGASIKARA Tanindrazana - Fahafahana - Fandrosoana law n ° 2003-009 authorizing the ratification of the Kyoto Protocol to the framework agreement of the United Nations on climate change. the National Assembly and the Senate have adopted in their meeting respective dated July 09, 2003 and July 29, 2003, the law whose content follows: Article 1.-is allowed, the ratification by the Republic of Madagascar , of the Kyoto Protocol to the framework agreement of the United Nations on climate change.
Article 2. - this Act shall be published in the Official Journal of the Republic.
It will be run as a law of the State in Antananarivo, July 29, 2003, the PRESIDENT of the National Assembly, the PRESIDENT of the Senate, LAHINIRIKO Jean RAJEMISON RAKOTOMAHARO 3 FCCC/INFORMAL/83 GE.05 - 61647 (F) 070605 090605 Protocol of KYOTO to the framework agreement the United NATIONS on the changes climate change Nations United 1998 Protocol of KYOTO to the framework CONVENTION the United NATIONS on the changes climate change. the Parties to this Protocol , Being Parties to the framework Convention of the United Nations on climate change (hereinafter referred to as the "Convention"), concerned the Convention's ultimate l’objectif d’atteindre such qu’il is set out in l’article 2, recalling the provisions of the Convention, guided by l’article 3 of the Convention, acting in accordance with the Berlin mandate adopted by the Conference of the Parties to the Convention at its first session, in decision 1/CP.1 , Have agreed to the following: Article first to the purposes of the present Protocol, the definitions set out in l’article first of the Convention are applicable. In addition: 1. means "Conference of Parties" the Conference of the Parties to the Convention.
2 means 'Convention' the framework Convention of the United Nations on climate change, adopted in New York on 9 May 1992.
3 means 'Group intergovernmental d’experts on climate l’evolution' group intergovernmental d’experts on l’evolution of the climate created jointly by World Meteorological l’Organisation and program of the United Nations to l’environnement in 1988.
4 means "Montreal Protocol" the Montreal Protocol of 1987 on substances depleting the d’ozone layer, adopted in Montreal on 16 September 1987, such qu’il has been adapted and changed later.
5. "Parties present and voting" means Parties present that express an affirmative or negative vote.
6 means "Part", unless otherwise directed by the context, a party to this Protocol.
7. ' Party referred to in l’annexe I ' any part in l’annexe I of the Convention, account with the likely changes d’etre made to the said Appendix, or any party that has made a notification in accordance with l’alinea g) of paragraph 2 of l’article 4 of the Convention.
-2 article 2 1. Each party referred to in l’annexe I, for s’acquitter of its quantified limitation and reduction commitments in l’article 3, to promote sustainable development: has) applied and/or develop more policies and measures, according to its national circumstances, for example the following: i) increase energy l’efficacite in relevant areas of national l’economie;
(ii) protection and enhancement of sinks and reservoirs of greenhouse gases not regulated by the Montreal Protocol, taking into account its commitments under relevant international agreements relating to l’environnement; promotion of sustainable methods of forest management, afforestation and reforestation;
(iii) promotion of sustainable d’agriculture forms taking into account climate change considerations;
(iv) research, promotion, development and increased use of sources d’energie, technologies of ecologically rational and innovative technologies and carbon dioxide trapping; renewable
(v) progressive reduction or phasing of market imperfections, fiscal incentives, d’impot exemptions and rights and subsidies that go to l’encontre of l’objectif of the Convention, in all sectors emitting gases greenhouse and application d’instruments of the market;
(vi) encouragement of appropriate in relevant areas to promote reforms policies and measures which limit or reduce gas emissions greenhouse which are not regulated by the Montreal Protocol;

(VII) measures to limit or reduce gas emissions to greenhouse effect not regulated by the Protocol of Montreal in the transport sector;
(viii) limitation and/or reduction of methane emissions through recovery and l’utilisation in the management of waste, as well as in the production, transport and distribution of l’energie;
(b) cooperate with other Parties to strengthen l’efficacite individual and comprehensive policies and measures adopted under this article, in accordance with subparagraph i) of e l’alinea) l’article 2 paragraph 4 of the Convention. To this end, these Parties are making arrangements to share the fruits of their experience and d’echanger of the information on these policies and measures, including developing ways-3-d’ameliorer their comparability, transparency and effectiveness. At its first session or as soon as qu’elle possible thereafter, the Conference of the Parties acting as meeting of the Parties to this Protocol is studying ways to facilitate this cooperation, taking into account all relevant information.
2. the Parties referred to in l’annexe I seek to limit or reduce gas emissions to greenhouse effect not regulated by the Montreal Protocol from bunker fuels used in air and maritime transport, through international civil l’aviation and maritime l’Organisation l’Organisation l’intermediaire international respectively.
3. the Parties referred to in l’annexe I s’efforcent d’appliquer policies and the measures provided for in this article so as to minimize the negative effects, including the adverse effects of climate change, the impact on international trade and the consequences of social, environmental and economic for others Parties, especially the developing country Parties and especially those that are referred to in paragraphs 8 and 9 of l’article 4 of the Convention, in view of l’article 3 of it. The Conference of the Parties serving as the meeting of the Parties to this Protocol may take, according to qu’il appropriate d’autres measures to facilitate l’application of the provisions of this paragraph.
4. If she decided qu’il would be useful to coordinate some policies and measures referred to in l’alinea) of paragraph 1 above, taking into account the different national circumstances and potential effects, the Conference of the Parties acting as meeting of the Parties to this Protocol is studying methods to organize the coordination of these policies and measures.
Article 3 1. The Parties referred to in l’annexe I make, individually or jointly, their emissions aggregated, expressed in carbon dioxide-equivalent, indicated to l’annexe greenhouse gases has are not the amounts assigned to them, based on their commitments for mitigation and emission reduction l’annexe B and in accordance with the provisions of this article to reduce total emissions of these gases d’au less 5% compared to the level in 1990 in the period from 2008 to 2012 d’engagement.
2. each party referred to in l’annexe I shall have made in 2005, in l’execution of its commitments under this Protocol, progress that will provide evidence.
3. the net changes in emissions of greenhouse gases greenhouse by sources and l’absorption by Wells resulting human d’activites directly related to change d’affectation of land and forestry and limited to afforestation, reforestation and deforestation since 1990, variations that correspond to verifiable changes in carbon in each period d’engagement are used by l’annexe I Parties to fulfil their commitments under this article. Emissions of the greenhouse gases of greenhouse by sources and l’absorption by Wells associated with these activities are reported in a manner transparent, verifiable and reviewed in accordance with articles 7 and 8.
-4-4. Before the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol, each of the Parties to l’annexe I provides subsidiary l’Organe of science and technology, Council for review, data to determine the level of its carbon stocks in 1990 and to an estimate of changes in its inventories of carbon over the next years. At its first session or as soon as possible thereafter, the Conference of the Parties acting as meeting of the Parties to this Protocol stops the modalities, rules and guidelines to be applied to decide what additional anthropogenic activities related to changes in emissions by sources and l’absorption by the gas wells greenhouse in the categories established by agricultural land and land d’affectation change and forestry must be added to the amounts allocated to the Parties referred to in l’annexe I or entrenched of these quantities, and about how to proceed in this regard, given the uncertainties of the need to provide transparent and verifiable data methodological of the d’experts group intergovernmental work on climate l’evolution, advice provided by subsidiary l’Organe for scientific and technological advice in accordance with l’article 5 and decisions of the Conference of the Parties. This decision applies to the second period d’engagement and for the following periods. A party may l’appliquer to these additional anthropogenic activities during the first period d’engagement provided that these activities have taken place since 1990.
5. the Parties referred to in l’annexe I who are in transition towards a market economy and which l’annee or the reference period has been set pursuant to decision 9/CP.2, adopted by the Conference of the Parties at its second session, fulfill their commitments to the title of this article based on l’annee or the reference period. Any other party referred to in l’annexe I which is in transition to a market economy and that n’a not yet established its initial communication in application of l’article 12 of the Convention may also notify the Conference of the Parties serving as the meeting of the Parties to the present Protocol its intention to retain a year or a period of historical reference other than 1990 to fulfil its commitments under this article. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide on l’acceptation of this notification.
6. taking into account paragraph 6 of l’article 4 of the Convention, the Conference of the Parties acting as meeting of the Parties to this Protocol gives the Parties referred to in l’annexe I who are in transition to a market economy some latitude in l’execution of their commitments other than those referred to in this article.
7 in the first period d’engagements quantified limitation and reduction programs, ranging from 2008 to 2012, the assigned amount of each of the parts referred to in l’annexe I is equal to the percentage inscribed for her at l’annexe B of its aggregate anthropogenic emissions, expressed in carbon dioxide-equivalent, has indicated to l’annexe greenhouse gases in 1990 , or in l’annee or the period of reference established in accordance with paragraph 5 above, multiplied by five. L’annexe I Parties for which change d’affectation land and forestry source in 1990 NET d’emissions of greenhouse gases take into account in their emissions corresponding to l’annee or to the period of reference, for the purposes of the calculation of the amount that is allocated anthropogenic emissions aggregated from sources, expressed in carbon dioxide-equivalent, net removals by sinks in 1990, such qu’elles are the result of d’affectation of the land change.
-5-8. Any party referred to in l’annexe I can choose 1995 as reference year for purposes of the calculation referred to in paragraph 7 above for hydrofluorocarbons, perfluorinated and sulphur l’hexafluorure hydrocarbons.
9. for the Parties referred to in l’annexe I, the commitments for the following periods are defined in amendments to l’annexe B of this Protocol which are adopted in accordance with the provisions of paragraph 7 of l’article 21. The Conference of the Parties acting as meeting of the Parties to this Protocol starts these commitments l’examen seven years at least before the end of the first period d’engagement referred to in paragraph 1 above.

10. any unit of reduction of emissions, or any fraction assigned amount, qu’une part d’une acquires from other d’une in accordance with the provisions of articles 6 or 17 is added to the assigned amount of a party who proceeds to l’acquisition.
11. any unit of reduction of emissions, or any fraction quantity awarded, d’une qu’une part gives way to another party in accordance with the provisions of articles 6 or 17 is subtracted from the assigned amount of the party making the assignment.
12. any certified emission qu’une part reduction unit acquires from d’une other party in accordance with the provisions of l’article 12 is added to the assigned amount of a party who proceeds to l’acquisition.
13. If emissions d’une part referred to l’annexe I during d’une period d’engagement are less than the quantity allocated under this section, the difference is, at the request of that party, added to the amount allocated for the periods following d’engagement.
14. each party referred to in l’annexe I s’efforce of s’acquitter of the commitments referred to in paragraph 1 above in order to minimize the social, environmental and economic consequences harmful to the developing country Parties, especially those that are referred to in paragraphs 8 and 9 of l’article 4 of the Convention. In line with the relevant decisions of the Conference of the Parties concerning l’application of these paragraphs, the Conference of the Parties serving as the meeting of the Parties to this protocol reviews, at its first session, the necessary measures to minimize the effects of climate change and/or l’impact of response measures on Parties referred to in those paragraphs. Among the issues to be addressed include the implementation of the funding, l’assurance and the transfer of technology.
Article 4 1. All Parties referred to in l’annexe I, which began d’accord for their commitments jointly planned to l’article 3 are deemed s’etre fulfilled those commitments provided that their total combined aggregate anthropogenic emissions, expressed in carbon dioxide-equivalent, has indicated to l’annexe greenhouse gases is not the amounts assigned to them calculated on the basis of quantified limitation and reduction commitments programs registered to l’annexe B and in accordance with the - 6 - provisions of l’article 3. The level respective d’emissions attributed to each of the Parties to l’accord is indicated therein.
2. the Parties to any such agreement shall notify in terms to the secretariat at the date of the deposit of their instruments of ratification, d’acceptation or d’approbation of this Protocol or d’adhesion to it. The secretariat informed in turn the Parties to the Convention and the signatories to the terms of l’accord.
3. any such agreement remains in force for the duration of the period d’engagement specified in paragraph 7 of l’article 3.
4. If the Parties acting jointly do so in the framework d’une organization regional d’integration economic and in consultation with her, any change in the composition of this Organization after this Protocol n’a l’adoption not d’incidence on the commitments entered into in this instrument. Any change in the composition of l’organisation n’est taken into account purposes qu’aux of commitments to l’article 3 that are adopted after this change.
5. If the Parties to an agreement of this type fail to reach the cumulative planned for them with regard to reductions in d’emissions, each d’elles is responsible for the level of its own emissions set out in l’accord.
6. If the Parties acting jointly do so in the framework d’une organization regional economic d’integration, which is itself a party to this Protocol and in conjunction with it, every State member of this organization regional economic d’integration, individually and jointly with l’organisation regional economic d’integration on l’article 24 is responsible for the level of its emissions such qu’il has been notified pursuant to this article where the cumulative total level of d’emissions reductions cannot be achieved.
Article 5 1. Each of the parts referred to in l’annexe I put in place, at the latest one year before the start of the first period d’engagement, a national system to d’estimer the anthropogenic emissions by sources and l’absorption by sinks of all greenhouse gases not regulated by the Montreal Protocol. The Conference of the Parties serving as the meeting of the Parties to this Protocol stops at its first session the framework of these national systems, in which the methodologies specified in paragraph 2 below will be mentioned.
2. the methodologies d’estimation emissions by sources and l’absorption by sinks of all greenhouse gases not regulated by the Montreal Protocol are those which are approved by the Group on climate l’evolution intergovernmental d’experts and approved by the Conference of the Parties at its third session. When these methodologies are not used, appropriate adjustments are made according to the methodologies adopted by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session. Using, including, on the work of the Group-7 - d’experts on l’evolution climate and on guidance provided by l’Organe subsidiary for scientific and technological advice, the Conference of the Parties serving as the meeting of the Parties to the present Protocol regularly reviews and, s’il is appropriate, revise such methodologies and adjustments taking full account of any relevant decision of the Conference of the Parties. Any revision to methodologies or adjustments is used only to verify compliance with the planned commitments to l’article 3 for any period subsequent to the review d’engagement.
3. the potential of global warming for calculating l’equivalent-carbon dioxide emissions by sources and l’absorption by sinks of the greenhouse gases listed in l’annexe A are those which are approved by the Group on climate l’evolution intergovernmental d’experts and approved by the Conference of the Parties at its third session. Using, including, on the work of the Group d’experts on l’evolution of the climate and the advice provided by l’Organe subsidiary of Council science and technology, the Conference of the Parties acting as meeting of the Parties to the present Protocol regularly reviews and, where appropriate, revise the global warming potential of the planet corresponding to each of these gases to greenhouse taking full account of any relevant decision of the Conference of the Parties. Any revision of global warming potential d’un don't s’applique qu’aux planned commitments to l’article 3 for any period subsequent to the review d’engagement.
Article 6 1. In order to fulfil its commitments under the l’article 3, any party referred to in l’annexe I can give to any other party having the same status, or to acquire from d’elle, units of emission reduction projects to reduce emissions by sources or enhance removals anthropogenic by gas wells in greenhouse in any sector of l’economie (, provided that: has) any project of this type has l’agrement of the Parties concerned;
(b) any such project allows a reduction in emissions by sources, or an enhancement of removals by sinks, s’ajoutant to those that could be achieved otherwise;
(c) the party concerned cannot acquire any emission reduction unit if it does not conform to obligations imposed under articles 5 and 7;
(d) L’acquisition d’unites of emissions reduction comes in addition to the measures taken at the national level in order to meet the commitments to l’article 3.
2. the Conference of the Parties acting as meeting of the Parties to this Protocol may, at its first session or as soon as possible thereafter, further develop guidelines for the implementation of œuvre of this article, particularly with respect to the audit and reports l’etablissement.
-8-3. A part referred to in l’annexe I may authorize legal entities to participate, under its responsibility, to measures leading to production, the assignment or l’acquisition, in the title of this article, d’unites of reduction of emissions.

4. If a question relating to the requirements referred to in article l’application is raised in accordance with the relevant provisions of l’article 8, transfers and acquisitions of emission reduction d’unites will continue after that the issue has been raised, being understood part qu’aucune can use these units to fulfill its commitments under the l’article 3 as long as the problem of the n’ compliance has not been resolved.
Article 7 1. Each of the parts referred to in l’annexe I shall include in its annual inventory of anthropogenic emissions by sources and l’absorption by the gas wells to greenhouse effect not regulated by the Montreal Protocol, prepared in accordance with the relevant decisions of the Conference of the Parties, the additional information that is necessary for s’assurer the provisions of l’article 3 are met and must be determined in accordance with paragraph 4 below.
2. each of the Parties referred to in l’annexe I been included in the national communication qu’elle shall, in accordance with l’article 12 of the Convention, further information are necessary to prove qu’elle s’acquitte its commitments in respect of this Protocol, and which must be determined in accordance with paragraph 4 below.
3. each of the Parties referred to in l’annexe I shall communicate the information required under paragraph 1 above annually, beginning with the first inventory qu’elle held d’etablir under the Convention for the first year of the period d’engagement following l’entree into force of this Protocol in its regard. Each Party shall provide the information required under paragraph 2 above in the context of the first national communication qu’elle is required to submit under the Convention after l’entree into force of this Protocol in its regard and after l’adoption of the guidelines provided for in paragraph 4 below. The Conference of the Parties serving as the meeting of the Parties to the Protocol decides the periodicity according to which the required information to the title of this article will be communicated later, taking into account any calendar that can be agreed by the Conference of the Parties for the submission of national communications.
4. the Conference of the Parties acting as meeting of the Parties to this Protocol shall adopt at its first session and then reviewing periodically the guidelines concerning the preparation of the information required under this article, taking into account guidelines for the national communications l’etablissement Parties l’annexe I adopted by the Conference of the Parties. In addition, before the start of the first period d’engagement, the Conference of the Parties serving as the meeting of the Parties to this Protocol stops the modalities of accounting for assigned amounts.
Article 8 1. Information communicated pursuant to l’article 7 by each l’annexe I Parties are examined by teams d’experts as a result of decisions - 9-relevant to the Conference of the Parties and in accordance with guidelines adopted for this purpose in respect of paragraph 4 below by the Conference of the Parties serving as the meeting of the Parties to this Protocol. The information provided in respect of paragraph 1 of l’article 7 by each of the Parties referred to in l’annexe I are considered as part of the annual compilation of inventories of emissions and of the quantities awarded and of the corresponding accounts. In addition, the information provided under paragraph 2 of l’article 7 by each of the Parties referred to in l’annexe I are studied under l’examen of communications.
2. the d’examen teams are coordinated by the secretariat and composed d’experts selected from those designated by the Parties to the Convention and, as appropriate, by intergovernmental organizations, in accordance with the indications given organizations for this purpose by the Conference of the Parties.
3. the d’examen process allows an engineering assessment complete and detailed of all aspects of the œuvre of this Protocol by a party. The d’examen teams, to l’intention of the Conference of the Parties acting as the meeting of the Parties to this Protocol, a report in which they assess compliance with this part of its commitments and indicate the problems possibly encountered to meet these commitments and the factors affecting their performance. The secretariat shall communicate this report to all Parties to the Convention. In addition, the secretariat lists of œuvre layout issues that can be identified in this report for submission to the Conference of the Parties acting as meeting of the Parties to this Protocol for qu’elle consider them further.
4. the Conference of the Parties acting as meeting of the Parties to this Protocol shall adopt at its first session and periodically review thereafter guidelines regarding l’examen of the implementation of this Protocol by the teams d’experts, account œuvre with the relevant decisions of the Conference of the Parties.
(5. the Conference of the Parties acting as meeting of the Parties to this Protocol review, with the assistance of l’Organe subsidiary œuvre layout and l’Organe subsidiary for scientific and technological advice, according to qu’il should be: has) the information provided by the Parties in accordance with l’article 7 and reports on information reviews carried out by experts in application of the present article;
(b) issues relating to œuvre whose list layout has been prepared by the secretariat in accordance with paragraph 3 above, as well as any questions raised by Parties.
6. as a result of l’examen of the information referred to in paragraph 5 above, the Conference of the Parties acting as the meeting of the Parties to this Protocol takes, on any question, the necessary decisions for the purposes of implementing this Protocol œuvre.
-10 - article 9 1. The Conference of the Parties serving as the meeting of the Parties to the present Protocol periodically reviews the Protocol based on scientific data and safest assessments on climate change and its impacts, as well as technical, social and economic data relevant. (These reviews are coordinated with pertinent reviews under the Convention, in particular those who are required to l’alinea d) of paragraph 2 of 4 l’article and l’alinea has) paragraph 2 l’article 7 of the Convention. Based on these reviews, the Conference of the Parties serving as the meeting of the Parties to this Protocol takes necessary measures.
2. the first review takes place at the second session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. New tests are done by following regular and punctual way.
Article 10 all Parties, taking into account their common but differentiated responsibilities and the specificity of their priorities in national and regional development, their objectives and their situation, without providing new commitments for Parties who are not referred to in l’annexe I, but reaffirming those already stated in paragraph 1 of l’article 4 of the Convention, and continuing to advance in l’execution of these commitments in order to achieve sustainable development, taking into account paragraphs 3, 5 and 7 of l’article 4 of the Convention: has) develop, where relevant and to the extent possible, national programs and, where there is place, regional, effective cost to improve the quality of the d’emission coefficients data on activities and local models and reflecting the economic situation of each party, in the goal d’etablir then update periodically to national inventories of anthropogenic emissions by sources and l’absorption by the gas wells of greenhouse not regulated by the Montreal Protocol, using comparable methodologies that will have to be adopted by the Conference of the Parties and comply with the guidelines for l’Etablissement of national communications adopted by the same Conference;
(b) to develop, apply, publish and regularly update national programmes, and where is there place, regional, containing measures to mitigate climate change and measures to facilitate adaptation to these changes;
(i) such programmes should concern including the sectors of l’energie, transportation and l’industrie as well as l’agriculture, forestry and waste management. In addition, d’adaptation technologies and methods to improve l’amenagement of l’espace would better s’adapter to climate change;

(ii) l’annexe I Parties provide information on the measures taken in respect of this Protocol, including national programmes, - 11 - according to l’article 7; as for the other parts, they s’efforcent to include in their communications, s’il is appropriate, information on programmes containing measures which, in their opinion, help to cope with climate change and their harmful effects, including measures to reduce l’augmentation emissions of greenhouse gases and to increase l’absorption by Wells capacity-building measures and measures d’adaptation.
(c) to cooperate in order to promote effective modalities to develop, apply and disseminate technologies, know-how, practices and processes environmentally rational interest from the point of view of climate change, and take all possible steps to promote, facilitate and finance, according to qu’il should be l’acces these resources or their transfer, particularly for the benefit of developing countries What is happening by l’elaboration policies and programs aimed at effectively ensure the transfer of environmentally sound technologies in the public domain or under the sector public and l’instauration d’un enabling environment for the private sector to facilitate and strengthen l’acces to environmentally sound technologies and their transfer;
(d) cooperate in the work of technical and scientific research and encourage l’exploitation constitution d’archives of data in order to reduce uncertainties about the climate system, the harmful effects of climate change and the economic and social consequences of various response strategies, and systematic development of systems d’observation and s’emploient to promote the establishment and strengthening of capacities and endogenous means of participation in efforts programs, and international and intergovernmental networks on research and systematic l’observation, l’article given 5 of the Convention;
(e) support through their cooperation and encourage at the international level, using, s’il is appropriate, to existing organizations, the development and l’execution of d’education programs and training, including the strengthening of national capacities, particularly on the human and institutional, and l’echange or the secondment of personnel to train experts in the field , especially for developing countries, and facilitate at the national level the public awareness of the climate change and l’acces of it to information on these changes. Suitable modalities should be developed to ensure that these activities are conducted by l’intermediaire of the relevant bodies under the Convention, taking into account l’article 6;
(f) include in their national communications information on programmes and activities undertaken pursuant to this article in accordance with the relevant decisions of the Conference of the Parties;
(g) take into account, in l’execution of the planned commitments in this article, paragraph 8 of l’article 4 of the Convention.
-12 - article 11 1. To apply l’article 10, the Parties shall take account of the provisions of paragraphs 4, 5, 7, 8 and 9 of l’article 4 of the Convention.
2. in the context of paragraph l’article 1 l’application 4 of the Convention, in accordance with the provisions of paragraph 3 of l’article 4 and l’article 11, and through l’entite or responsible entities d’assurer the operation of the financial mechanism of the Convention (((, the developed country Parties and other developed Parties in l’annexe II of the Convention: has) provide new and additional financial resources to cover the full agreed costs incurred by developing countries to make progress in l’execution of commitments already set out in l’alinea has) l’article 1 paragraph 4 of the Convention and referred to in l’alinea has) of l’article 10 of this Protocol;
(b) provide to the developing country Parties, particularly for the purposes of technology transfer, the financial resources they need to cover all of the additional agreed costs for progress in l’execution of commitments already set out in paragraph 1 of l’article 4 of the Convention and referred to in l’article 10 of this Protocol , on which a developing country Party will be heard with l’entite or international entities referred to in l’article 11 of the Convention, in accordance with that article.
L’execution of these commitments takes into account the fact that funding must be adequate and predictable, as well as l’importance d’un appropriate sharing of the burden between developed country Parties. Directions to l’intention of l’entite or responsible entities d’assurer the operation of the financial mechanism of the Convention in relevant decisions of the Conference of the Parties, including those which have been approved before l’adoption of the present Protocol, s’appliquent mutatis mutandis to the provisions of this paragraph.
3. the developed country Parties and other developed Parties in l’annexe II of the Convention may also provide, and developing Parties can obtain financial resources for the purposes of l’application of l’article 10 of this Protocol through bilateral, regional or multilateral.
Article 12 1. It is established a mechanism for "clean" development
2 L’objet of the 'clean' development mechanism is d’aider the Parties not listed in l’annexe I to achieve sustainable development so qu’a contribute to ultimate l’objectif of the Convention, and d’aider l’annexe I Parties meet their quantified limitation and reduction of emissions commitments in l’article 3.
-13-3. In respect of the mechanism for a 'clean' development: a) the Parties are not in l’annexe I have d’activites carried out under projects, which translate into reductions d’emissions certified;
(b) Parties to l’annexe I can use d’emissions certified reductions through these activities to meet part of their quantified limitation and reduction commitments emissions referred to in l’article 3, according to what was determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
4. the 'clean' development mechanism is under l’autorite of the Conference of the Parties serving as the meeting of the Parties to this Protocol and follow its directions. It is overseen by an Executive Board of the CDM "clean".
5. d’emissions from each activity reductions are certified by operational entities designated by Conference of the Parties acting as the meeting of the Parties to this Protocol, on the basis of the following criteria: has) Voluntary Participation approved by each party involved;
(b) real, measurable and long-term benefits related to climate change l’attenuation;
(c) Reductions d’emissions s’ajoutant to those who would take place in l’absence of certified l’activite.
6. the 'clean' development mechanism helps to organize financing d’activites certified, as required.
7. the Conference of the Parties serving as the meeting of the Parties to this Protocol is developed at its first session the terms and procedures to ensure transparency, l’efficacite and responsibility through audit and an independent audit of the activities.
8. the Conference of the Parties acting as meeting of the Parties to this Protocol shall ensure that qu’une share of proceeds from certified d’activites is used to cover administrative expenses and to assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of l’adaptation.
9. can participate in the 'clean' development mechanism, including in activities mentioned in l’alinea has) of paragraph 3 above and l’acquisition reduction d’unites certified programs, both public entities and private; participation is subject to the directives which can be given by the Executive Board of the mechanism.
10. the reductions obtained certified d’emissions between l’an 2000 and the beginning of the first period d’engagement can be used to help meet the commitments for this period.
-14 - article 13 1. As supreme qu’organe of the Convention, the Conference of the Parties acts as meeting of the Parties to this Protocol.

2. the Parties to the Convention that are not Parties to this Protocol may participate, as d’observateurs, in the proceedings of any session of the Conference of the Parties acting as the meeting of the Parties to this Protocol. When the Conference of the Parties acts as a meeting of the Parties to this Protocol, decisions made in the title of the Protocol are only by the Parties to this instrument.
3. when the Conference of the Parties acting as meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a party to the Convention which, at that time, n’est not party to this Protocol is replaced by a new Member elected by the Parties to this Protocol and among them.
4. the Conference of the Parties acting as the meeting of the Parties to this Protocol is regularly point œuvre of the Protocol implementation and take, within its mandate, the decisions necessary to promote the effective implementation in œuvre. She exercises the functions conferred on it by this Protocol and: has) it evaluates, on the basis of all the information communicated in accordance with the provisions of this Protocol, the œuvre of it by the Parties, the effects d’ensemble measures taken in application of this Protocol, in particular environmental effects social, economic and cumulative impacts, and progress toward l’objectif of the Convention;
(b) periodically reviews the obligations of the Parties in respect of this Protocol, taking into account any review under l’alinea d) of paragraph 2 to paragraph 2 of l’article and 4 l’article 7 of the Convention and taking into account of l’objectif of the Convention, of l’experience acquired during its application and l’evolution of scientific and technological knowledge and , in this regard, she examines and adopts periodic reports on the implementation of this Protocol œuvre;
(c) encourages and facilitates l’echange d’informations on the measures adopted by the Parties to address climate change and their effects, taking into account the diversity of situations, responsibilities and means of the Parties and their respective commitments under this Protocol;
(d) facilitate, at the request of both Parties or more, the coordination of measures qu’elles have adopted to cope with climate change and their effects, taking into account the diversity of situations, responsibilities and means of the Parties and their respective commitments under this Protocol;
(e) encourages and directs, in accordance with l’objectif of the Convention and the provisions of this Protocol, and taking full account of the relevant decisions of the Conference of the Parties, l’elaboration and periodic development of methodologies - 15 - comparable own to effectively œuvre the Protocol, which will be decided by the Conference of the Parties serving as the meeting of the Parties to the present Protocol;
(f) she made recommendations on all issues required for the œuvre of the present Protocol;
(g) s’efforce to mobilize additional financial resources in accordance with paragraph 2 of l’article 11;
(h) establish such subsidiary bodies considered necessary for the œuvre of this Protocol implementation;
(i) where appropriate, she solicits and uses services and the competition of international organizations and intergovernmental and non-governmental organizations competent, as well as provide information qu’ils;
(j) it shall perform other duties that may be necessary for the purpose of implementing this Protocol œuvre and reviews any task arising d’une decision of the Conference of the Parties.
5. the rules of procedure of the Conference of the Parties and the procedures applied under the Convention s’appliquent mutatis mutandis to this Protocol, unless the Conference of the Parties serving as the meeting of the Parties to this Protocol decides otherwise by consensus.
6. the secretariat shall convene the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol to l’occasion of the first session of the Conference of the Parties scheduled after l’entree into force of the present Protocol. The subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol will be held annually and will coincide with the regular sessions of the Conference of the Parties, unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to the present Protocol n’en.
7. the Conference of the Parties acting as meeting of the Parties to the present Protocol holds special sessions at any time lorsqu’elle deems it necessary or if a part therefor in writing, provided that this is supported by a third or more of the Parties within six months following its communication to the Parties by the secretariat.
8 L’Organisation of the United Nations, its specialized agencies and international l’Agence of l’energie Atomic as well as any Member d’une of these organizations or with the status d’observateur with l’une d’elles n’est not party to the Convention, may be represented at sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol as d’observateurs. Any body or agency, national or international, governmental or non-governmental, which is competent in the fields covered by this Protocol and which has indicated to the secretariat qu’il wished to be represented as d’observateur at a session of the Conference of the Parties acting as meeting of the Parties to this Protocol may be admitted as such unless third-party qu’un at least the parts-16 - present n’y do objection. L’admission and d’observateurs participation are governed by the rules of procedure referred to in paragraph 5 above.
Article 14 1. The secretariat established pursuant to l’article 8 of the Convention the Secretariat of this Protocol.
2 l’article 2 paragraph 8 of the Convention on the functions of the secretariat and paragraph 3 of the same article about the arrangements made for its functioning s’appliquent mutatis mutandis to this Protocol. The secretariat shall also exercise the functions assigned to the title of this Protocol.
Article 15 1. Subsidiary for scientific and technological advice L’organe and l’Organe subsidiary of layout œuvre of the Convention established by articles 9 and 10 of the Convention are, respectively, d’Organe subsidiary for scientific and technological advice and subsidiary d’Organe of œuvre of this Protocol implementation. The provisions of the Convention relating to the functioning of these two bodies s’appliquent mutatis mutandis to this Protocol. Meetings of subsidiary l’Organe subsidiary of layout œuvre of this Protocol for scientific and technological advice and l’Organe coincide with those of subsidiary l’Organe for scientific and technological advice and subsidiary œuvre of the Convention implementation l’Organe.
2. the Parties to the Convention that are not Parties to this Protocol may participate as d’observateurs in the proceedings of any session of the subsidiary bodies. When the subsidiary bodies act as subsidiary qu’organes of this Protocol, decisions under said Protocol are taken only by those of the Parties to the Convention that are Parties to this instrument.
3. when the subsidiary bodies established by articles 9 and 10 of the Convention exercise their functions in a field which is part of this Protocol, any member of their bureau representing a party to the Convention which, at that time, n’est not party to this Protocol is replaced by a new Member elected by the Parties to the Protocol and among them.
Article 16 the Conference of the Parties acting as meeting of the Parties to this Protocol plans as soon as possible l’application to the multilateral consultative process Protocol referred to in l’article 13 of the Convention and changes s’il it should be, in the light of any relevant decision that will be taken by the Conference of the Parties to the Convention. Whole process advisory multilateral likely d’etre applied to this protocol works without prejudice to the procedures and mechanisms established in accordance with l’article 18.
-17 - article 17

The Conference of the Parties defines the principles, modalities, rules and guidelines to apply in which includes the accountability audit, reports l’etablissement and l’obligation regarding d’echange of rights d’emission. L’annexe B Parties can participate in trading d’emission to carry out their commitments under the l’article 3. Any exchange of this type is in addition to the measures taken at national level to fill quantified limitation and reduction of emissions commitments in this article.
Article 18 at its first session, the Conference of the Parties serving as the meeting of the Parties to this Protocol agree procedures and appropriate and effective mechanisms to identify and investigate cases of failure to comply with the provisions of the present Protocol, including by listing indicative of consequences, taking into account the cause, of the type and degree of non-compliance and the frequency of cases. If any procedures and mechanisms under this article lead to consequences which are binding on the Parties, they are adopted by means of d’un amendment to the present Protocol.
Article 19 the provisions of l’article 14 of the Convention relating to the settlement of disputes s’appliquent mutatis mutandis to this Protocol.
Article 20 1. Any party may propose amendments to this Protocol.
2. the amendments to the present Protocol at a regular session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The text of any proposed d’amendement to the present Protocol is communicated to the Parties by the secretariat six months at least before the meeting at which l’amendement is proposed for adoption. The secretariat shall also communicate the text of any proposed d’amendement to the Parties to the Convention and the signatories of this instrument and, for information, to the depositary.
3. the Parties n’epargnent no effort to reach agreement by consensus on any proposal d’amendement to the present Protocol. If all the efforts in this direction are vain and qu’aucun agreement n’intervient, l’amendement is adopted as a last resort by a vote by a majority of three-quarters of the Parties present and voting. L’amendement adopted is communicated by the secretariat to the depositary, which forwards it to all Parties for acceptance.
4. the d’acceptation of amendments instruments are deposited with the depositary. Any amendment adopted in accordance with paragraph 3 above comes into force on l’egard of the Parties l’ayant accepted the ninetieth day following the date of receipt by the depositary, instruments d’acceptation of three-quarters or more of the Parties to this Protocol.
-18-5. L’amendement comes into force on l’egard of any other party on the ninetieth day following the date of deposit by that party with the depositary of its instrument d’acceptation of the said amendment.
Article 21 1. The annexes to the present Protocol are an integral part of it and, unless otherwise expressly provided, any reference to this Protocol at the same time is a reference to its annexes. If attachments are adopted after l’entree into force of the present Protocol, restricted to lists, forms and other documents of scientific, technical, procedural or administrative character.
2. any party may propose annexes to this Protocol and amendments to annexes to this Protocol.
3. the annexes to this Protocol and amendments to annexes to this Protocol were adopted at a regular session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The text of any d’annexe or d’amendement to an annex proposal is communicated to the Parties by the secretariat six months at least before the meeting at which l’annexe or l’amendement is proposed for adoption. The secretariat also communicates the text of any d’annexe or d’amendement proposals to an annex to the Parties to the Convention and the signatories of this instrument and, for information, to the depositary.
4. the Parties n’epargnent no effort to reach agreement by consensus on any d’annexe or d’amendement to a proposed annex. If all the efforts in this direction are vain and qu’aucun agreement n’intervient, l’annexe or l’amendement to an annex is adopted as a last resort by a vote by the majority of three fourths of the Parties present and voting. L’annexe or l’amendement to an annex adopted is communicated by the secretariat to the depositary, which forwards it to all Parties for acceptance.
5. any annex or any amendment to an annex, other than l’annexe A or B, which was adopted in accordance with paragraphs 3 and 4 above, comes into force on l’egard of all Parties to this Protocol six months after the date on which the Depositary their reported l’adoption, with the exception of the Parties who , in l’intervalle, were notified in writing to the depositary qu’elles n’acceptaient not l’annexe or l’amendement in question. To l’egard of the Parties which withdraw their notification of non-acceptance, l’annexe, or l’amendement to an annex comes into force the ninetieth day following the date of receipt by the depositary of the notification of the withdrawal.
6. if l’adoption d’une annex or amendment to an annex d’un requires an amendment to this Protocol, that annex or amendment to an annex n’entre in force until l’amendement to the Protocol between itself in force.
7. the amendments to the annexes A and B of this Protocol shall be adopted and enter into force in accordance with the procedure laid down in l’article 20, provided that any amendment to l’annexe B be adopted only with the written consent of the party concerned.
-19 - article 22 1. Each party has d’une votes, subject to the provisions of paragraph 2 below.
2. in the areas of their jurisdiction, organizations regional economic d’integration have to exercise their right to vote, d’un number of votes equal the number of their Member States which are party to this Protocol. These organizations not their right to vote n’exercent l’un if any of their Member States exercised his, and vice versa.
Article 23 the Secretary general of l’Organisation of the United Nations is the depositary of this Protocol.
Article 24 1. The present Protocol is open for signature and subject to ratification, l’acceptation or l’approbation of the States and organizations regional economic d’integration that are Parties to the Convention. It will be open for signature at the headquarters of l’Organisation of the United Nations in New York from 16 March 1998 to 15 March 1999 and will be open to l’adhesion the next day of the day where it will stop d’etre opened for signature. The instruments of ratification, d’acceptation, d’approbation or d’adhesion are deposited with the depositary.
2. any regional economic d’integration which becomes party to this Protocol without qu’aucun of its Member States being a party is bound by all the obligations under this Protocol. Lorsqu’UN or d’une Member States such organization are Parties to the present Protocol, the Organization and its Member States agree to their respective responsibilities for the purposes of l’execution of their obligations under the present Protocol. In such cases, l’organisation and its Member States are not entitled to exercise rights under this Protocol concurrently.
3. in their instruments of ratification, d’acceptation, d’approbation, or d’adhesion, organizations regional economic d’integration show l’etendue of their competence to l’egard of the matters governed by this Protocol. In addition, these organizations shall inform the depositary, who shall inform in turn the Parties, of any significant changes of l’etendue of their competence.
Article 25 1. This Protocol comes into force on the ninetieth day following the date of the deposit of their instruments of ratification, d’acceptation, d’approbation, or d’adhesion by 55 Parties to the Convention at least, among which the Parties referred to in l’annexe I whose total carbon dioxide emissions were in 1990 at least 55% of the total volume of emissions of carbon dioxide from l’ensemble of the Parties to this Annex.
2. for the purposes of this article, 'the total volume of emissions of carbon dioxide in 1990 of the Parties referred to in l’annexe I' is the amount notified by the Parties referred to in l’annexe I, to the date - 20 - at which they adopt this Protocol or at an earlier date in their initial national communications submitted to the title of l’article 12 of the Convention.

3. to l’egard of each party or organization regional economic d’integration that ratifies, accepts or approves the present Protocol or adhere once the conditions required for l’entree into force laid down in paragraph 1 above have been met, this Protocol comes into force on the ninetieth day following the date of deposit by that State or organization of its instrument of ratification d’acceptation, d’approbation, or d’adhesion.
4. for the purposes of this article, any instrument deposited by an organization regional economic d’integration not s’ajoute not to those deposited by States members of this organization.
Article 26 no reservations may be made to this Protocol.
Article 27 1. To l’expiration d’un period of three years from the date of d’entree into force of the present Protocol to l’egard d’une part, this part may, at any time, denounce it by written notification to the depositary.
2. the denunciation shall take effect in l’expiration d’un time d’un year from the date on which the depositary receives notification or at any later date specified in the notification.
3. any party which denounces the Convention is deemed also denounce this Protocol.
Article 28 L’original of the present Protocol, of which the English, Arabic, Chinese, English, french and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations l’Organisation.
DONE at Kyoto on 11 December one thousand nine hundred and ninety-seven.
IN faith whereof the undersigned, duly authorized to that effect, have signed this Protocol on the dates indicated.
-21 - Appendix A gas of greenhouse carbon dioxide (CO2) Methane (CH4) nitrous oxide (N2O) hydrofluorocarbons (HFCs) perfluorocarbons (PFCS) hexafluoride sulphur (SF6) sectors/energy sector of l’energie Industries Fuel Combustion source categories manufacturing and construction Transport other sectors other Fugitive Emissions from fuels solid fuels oil and gas natural processes other industrial products minerals industry Chemical Production of metal production other Production halogenated d’hydrocarbures and d’hexafluorure of sulphur consumption halogenated d’hydrocarbures and other use of solvents and products d’autres Agriculture Fermentation sulphur d’hexafluorure enteric rice agricultural soils manure management burning led savannah burning agricultural waste others-22 - waste landfilling of solid waste treatment of wastewater Incineration of waste on-site others-23 - Annex B part commitments quantified limitation or reduction programs (as a percentage of the emissions of l’annee or) of the reference period) Germany Australia 108 Austria 92 Belgium 92 Bulgaria 92 * 92 Canada 94 European Community 92 Croatia * 95 Denmark Spain Estonia 92 92 * 92 United States d’amerique 93 Federation of Russia * 100 Finland 92 France 92 Greece 92 Hungary * Ireland 92 Italy 92 Japan 94 Latvia 110 Iceland 94 * 92 Liechtenstein 92 Lithuania * 92 Luxembourg 92 Monaco 92 Norway New Zealand Netherlands Poland 92 100 101 * 94 Portugal 92 Czech Republic * 92 Romania * 92 United Kingdom of Britain and northern Slovakia 92 d’Irlande * Slovenia 92 * 92 Sweden 92 Switzerland 92 Ukraine * 100 - * countries in transition to a market economy.