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Law No. 24 Of 6 May 1994 On The Ratification Of The Framework Convention To The United Nations On Climate Change, Signed In Rio De Janeiro On 5 June 1992

Original Language Title:  LEGE nr. 24 din 6 mai 1994 pentru ratificarea Convenţiei-cadru a Naţiunilor Unite asupra schimbărilor climatice, semnată la Rio de Janeiro la 5 iunie 1992

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LEGE No. 24 of May 6, 1994 for the ratification of the United Nations Framework Convention on Climate Change, signed in Rio de Janeiro on 5 June 1992
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 119 of 12 May 1994



The Romanian Parliament adopts this law + Article UNIC The United Nations Framework Convention on Climate Change is ratified, signed in Rio de Janeiro on 5 June 1992, at the United Nations Conference on Environment and Development. This law was passed by the Senate at the meeting of February 17, 1994, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at its meeting on April 18, 1994, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE UNITED NATIONS FRAMEWORK CONVENTION on climate change *) Note * *) Translation. The Parties to this Convention, aware that changes in the planet's climate and their nefarious effects are a cause for concern for all mankind, concerned that human activity has caused greenhouse gas concentrations to be significantly increased in the atmosphere, that this increase intensifies the natural greenhouse effect and that it will result, on average, additional surface heating. terrestrial, which risks natural ecosystems and mankind, noting that most of the greenhouse gases emitted in the world, in the past and at the moment, originate in developed countries, that emissions per inhabitant in developing countries are still relatively weak, and that the share of total emissions attributable to developing countries will be on the rise to enable them to meet their social and development needs, aware of the role and importance of greenhouse gas absorbers and reservoirs in terrestrial and marine ecosystems, noting that the forecast of climate change is affected by a large number of uncertainties, especially in terms of their development over time, their scale and regional characteristics, aware of the global nature of climate change, which requires that all countries cooperate and participate in international, effective and appropriate action, according to their shared responsibilities, but differentiated according to their capacity and their social and economic situation, recalling the relevant provisions of the Declaration of the United Nations Conference on the Environment, adopted in Stockholm on 16 June 1972, recalling that, in accordance with the United Nations Charter and principles of international law, states that have the sovereign right to exploit their own resources, according to their own environmental and development policy, also have a duty to do so as the activities exercised, within the limits of their jurisdiction or under their control, do not cause damage to the environment in other states or regions that do not depend on any national jurisdiction, reaffirming that the principle of sovereignty of states must be at the basis of international cooperation aimed at dealing with climate change, Considering that it is the right of states to adopt effective environmental legislation, that rules, household objectives and ecological priorities must reflect the environmental and development conditions in which they are applied and that the rules applied some countries are at risk of being unsuitable and too costly economically and socially for other countries, especially for developing countries, recalling the provisions of Resolution no. 44/228 of the General Assembly of 22 December 1989 concerning the United Nations Conference on the Environment and Development, and its resolutions no. 43/53 43/53 of 6 December 1988, 44/207 of 22 December 1989, 45/212 of 21 December 1990 and 46/169 of 19 December 1991 on the protection of the world's climate for present and future generations, Recalling, alike, the provisions of Resolution no. 44/206 44/206 of 22 December 1989 on the possible adverse effects of an increase in the level of the seas vis-à-vis the islands and coastal areas, in particular towards the slightly higher coastal areas and the relevant provisions of the His resolution no. 44/172 44/172 of 19 December 1989 on the application of the action plan to combat desertification, recalling, in addition, the 1985 Vienna Convention on the Protection of the Ozone Layer and the 1987 Montreal Protocol on substances that deplete the ozone layer, adopted and amended on 29 June 1990, taking note of the Ministerial Declaration of the Second World Climate Conference, adopted on 7 November 1990, aware of the value of the analysis work carried out by numerous states on climate change and the important contributions made by the World Meteorological Organization, the United Nations Environment Programme and other bodies, organisations and bodies of the United Nations, as well as other international and intergovernmental bodies, in the exchange of scientific research results and in the coordination of research, conscious that measures that allow climate change to be understood and to cope with them have an effectiveness for the environment and maximum social and economic effectiveness, if they are based on scientific, technical and economic considerations appropriate and if they are constantly reassessed in the light of the new progress made in these areas, knowing that different measures taken to deal with climate change can find themselves in themselves economic justification and can also help solve other environmental problems, knowing, equally, that developed countries must act immediately and with suppleness, on the basis of clearly defined priorities, which will constitute a first stage towards global, national and possibly regional global strategies, these retaliatory strategies must take into account all greenhouse gases and take into consideration, as is appropriate, the role of everyone in the intensification of the greenhouse effect, knowing, in addition, that countries located at a small height from sea level and other small island countries, with countries having little high coastal areas, arid or semi-arid areas or areas subject to floods, drought and desertification, as well as developing countries. development with fragile mountain ecosystems are particularly vulnerable to the adverse effects of climate change, aware of the particular difficulties that countries will know, especially developing countries whose economy is particularly tributary to the production, use and export of fossil fuels, following the measures taken to limit the greenhouse gas emissions, affirming that the measures taken to avoid climate change must be closely coordinated with social and economic development, in order to avoid any nefarious incidence on the latter, taking into account the legitimate priority needs of the countries developing, namely sustainable economic growth and poverty eradication, aware that all countries and, above all, developing countries must be able to access the resources needed for sustainable social and economic development and that, in order to move towards this goal, developing countries must increase their energy consumption, not losing sight that it is possible to achieve better energy efficiency and control greenhouse gas emissions in a general way and, above all, by applying new technologies on favourable terms. from an economic and social point of view, determined to protect the climate system for present and future generations, have agreed on what follows: + Article 1 Definitions In the spirit of this Convention: 1. adverse effects of climate change: changes in the physical environment or living beings due to climate change and which exert significant harmful effects on the composition, stability or productivity of natural ecosystems and set up, on the functioning of socio-economic systems or on human health and welfare; 2. climate change: climate change that is directly or indirectly attributed to a human activity that alters the composition of the atmosphere globally and that adds to the natural variability of the climate observed during periods comparable; 3. Climate system: an ensemble that encompasses the atmosphere, the hydrosphere, the biosphere and the geosphere, as well as their interactions; 4. emissions: release into the atmosphere of greenhouse gases or precursors of such gases from a given area and during a given period; 5. greenhouse gases: gaseous constituents of the atmosphere, both natural and anthropogenic, which absorb and reemit infrared radiation; 6. regional economic integration organization: an organization made up of sovereign states of a given region, has competence in the fields determined by the present convention or its protocols and which has been authorized, according to its internal procedures, to sign, to ratify, to accept or approve by the above-mentioned instruments or to adhere thereto; 7. tank: one or more constituents of the climate system that retain a greenhouse gas or a precursor of greenhouse gas; 8. absorbent: any process, any activity or any natural or artificial mechanism, which leads to the disappearance from the atmosphere of a greenhouse gas, an aerosol or a precursor of greenhouse gas; 9. source: any process or activity that releases into the atmosphere a greenhouse gas, an aerosol or a precursor of greenhouse gas. + Article 2 The final objective of this Convention and of all related legal instruments that the Conference of the Parties may adopt is to stabilize, in accordance with the relevant provisions of the Convention, the concentrations of greenhouse gases in the atmosphere at a level that prevents any dangerous anthropogenic disturbance of the climate system. It will agree to achieve this goal in a sufficient time frame for ecosystems to be able to adapt naturally to climate change, so that food production is not threatened and economic development can unfold. sustainably. + Article 3 Principles In the measures they will take to achieve the objective of the Convention and apply its provisions, the Parties will be guided by what follows: 1. Returns to the parties to protect the climate system in the interest of present and future generations, based on equity and according to their common but differentiated responsibilities and their capabilities. Consequently, it is up to the developed countries to be at the forefront of the fight against climate change and their nefarious effects. 2. It is appropriate to take into account the specific needs and the special situation of developing countries-parts, especially those who are particularly vulnerable to the adverse effects of climate change, as well as to the parties, especially to countries in The course of development-parties, to which the convention would impose a disproportionate or abnormal burden. 3. Returns to the parties to take precautions to predict, prevent or mitigate the causes of climate change and limit their nefarious effects. When there is a risk of serious or irreversible disruption, the absence of absolute scientific certainty must not serve as a pretext to postpone the adoption of such measures, being determined that the policies and measures they attract Climate change calls for a good cost-effectiveness to guarantee overall benefits to the lowest possible cost. In order to achieve this goal, it is appropriate that these policies and measures take into account the diversity of socioeconomic contexts, be global, expand to all sources, all absorbents and all greenhouse gas reservoirs, over the years. which has been agreed to include adaptation measures and to apply to all economic sectors. Initiatives aimed at coping with climate change will be subject to concerted stakeholder action. 4. The parties have the right to act for sustainable development and must actually deal with it. It is necessary that policies and measures designed to protect the climate system against man-made changes are adapted to each party's own situation and be integrated into national development programmes, economic development being indispensable for the adoption of measures aimed at coping with climate change. 5. Returns to the parties to work jointly on an open international economic system leading to economic growth and sustainable development of all parties, in particular developing countries-parties, in order to achieve them. allows to better study the problems posed by climate change. It must be avoided that the measures taken to fight climate change, including unilateral measures, constitute a means of imposing arbitrary or unjustified discrimination on the international trade or some obstacles disguised as this trade. + Article 4 Commitments 1. All parties, taking into account their common but differentiated responsibilities, and the specificity of their national and regional development priorities, their objectives and their situation: a) establish, bring to date periodically, publish and make available to the conference of the parties, according to art. 12, the national inventories of anthropogenic emissions, based on their sources and the absorbents of all greenhouse gases, not regulated by the Montreal Protocol, resorting to comparable methods that will be approved by the conference of the parties; b) establish, carry out, publish and bring to date, on a regular basis, national programmes and, if applicable, regional, which contain measures aimed at mitigating climate change, taking into account anthropogenic emissions and diminishing by the absorbers of greenhouse gases, not covered by the Montreal Protocol, as well as measures to facilitate appropriate adaptation to climate change; c) encourage and support, through their cooperation, the setting up, application and dissemination-especially on the path of transfer-of technologies, practices and processes that allow to control, reduce or prevent anthropogenic gas emissions with effect from greenhouse, not regulated by the Montreal Protocol, in all relevant sectors, including energy, transport, industry, agriculture, forests and waste management; d) encourage sustainable management, encourage and support, through their cooperation, conservation and, if necessary, the strengthening of the absorbers and reservoirs of all greenhouse gases, not regulated by the Montreal Protocol, especially biomass, forests, oceans, as well as other terrestrial, coastal and marine ecosystems; e) prepare, in cooperation, adapt to the impact of climate change, design and put in place appropriate and integrated plans for the management of coastal areas, for water resources and agriculture and for the protection and restoration of areas affected by drought and desertification, especially in Africa, and affected by floods; f) in their social, economic and environmental policies and actions take into account, as far as possible, climate change considerations and use appropriate methods, e.g. impact studies, formulated and defined nationally to minimise the effects-harmful to the economy, to public health and to the quality of the environment-to projects or measures they undertake to mitigate climate change or to adapt to them; g) encourage and support, through their cooperation, the scientific, technological, socio-economic and other research works, the systematic observation and the constitution of data archives on the climate system, which allow to better understand the causes, the effects, scale and time-stranding of climate change, as well as the economic and social consequences of the various response strategies, to reduce and dispel the uncertainties that exist in this regard; h) encourages and supports, through their cooperation, the exchange of scientific, technological, technical, socioeconomic and legal data on the climate system, as well as on the economic and social consequences of the various response strategies, these data having to be changed, in their entirety, freely and promptly; i) encourage and support, through their cooperation, education, training and public awareness in the field of climate change and encourage the widest participation in this process, especially that of non-governmental organisations; j) communicate to the conference of the parties information on the application, 12. 2. The developed countries-parties and other parties are listed in Annex no. I shall take the specific commitments set out below: a) each of these parties adopts national policies ^ 1) and consequently takes the necessary measures to mitigate climate change, limiting its anthropogenic greenhouse gas emissions, protecting and strengthening absorbents and reservoirs. its greenhouse gases. These policies and measures demonstrate that developed countries are taking the initiative of changing the long-term trends of anthropogenic emissions, according to the convention's objective, recognizing that return, by the end of this decade, to levels prior to anthropogenic emissions of carbon dioxide and other greenhouse gases, not regulated by the Montreal Protocol, would contribute to such an amendment and taking into account the differences between these parties as regards their point of view. departure, their approach, their economic structure and their resource base, the need to maintain a strong and sustainable economic growth, available technologies and other circumstances of each case, as well as the need, for each of these parties, to contribute appropriately and fairly to the effort undertaken at These parties may apply such policies and measures in association with other parties and may assist other parties to contribute to the objective of the Convention, in particular that of this paragraph; b) in order to foster progress in this direction, each of these parties shall communicate, within 6 months from the entry into force for it of the Convention and thereafter periodically, in accordance with art. 12, detailed information on the policies and measures referred to in paragraph 1 12 a), as well as the forecasts resulting from them in terms of anthropogenic emissions, by sources, and the absorption, by absorbents, of greenhouse gases, not regulated by the Montreal Protocol, for the period provided in par. a), in order to return, individually or jointly, anthropogenic emissions of carbon dioxide and other greenhouse gases, not regulated by the Montreal Protocol, to 1990 levels. The conference of the parties will review this information at its first session, then at regular intervals, according to art. 7 7; c) it is necessary that, in the spirit of para. b), the calculation of greenhouse gas quantities, issued by sources and diminished by greenhouse gas absorbers, to be carried out on the basis of the best available scientific knowledge, especially with regard to the actual capacity of absorbers and the contribution of each of these gases to climate change. The Conference of the Parties will examine and adopt the methods to be used for this calculation at its first session and subsequently review them at regular intervals; d) the conference of the parties, at its first session, will examine para. a) and b), to see if they are adequate. It will make it in the light of scientific data and the most secure assessments of climate change and their impact, as well as pertinent technical, social and economic data. Based on this examination, the conference of the parties will take the necessary measures that will be able to allow the adoption of amendments to the commitments concerned a) and b). At its first session, it will also take decisions on the criteria that determine a common application, as indicated in par. a). She will proceed with a second examination of para. a) and b) at the latest by 31 December 1998, then at regular intervals, which it shall decide, until the objective of the convention is attained; e) each of these parts: i) coordinate, where appropriate, with the other parties concerned, the appropriate economic and administrative instruments drawn up in the spirit of the objective of the ii) regularly identify and review policies and practices that encourage activities to increase the level of anthropogenic greenhouse gas emissions, not covered by the Montreal Protocol, which would otherwise occur; f) the conference of the parties shall review, at the latest by 31 December 1998, the information available, with the aim of deciding on the changes it will bring to the lists set out in Annexes no. I and II with the agreement of the interested party; g) any part not listed in Annex no. I will be able, in its instrument of ratification, acceptance, approval or accession, or at any later time, to notify the depositary of its intention to be employed by the provisions of par. a) and b). The depositary will inform the other signatories and parties about any notification in this regard. 3. The developed countries and the other developed parts appearing in Annex no. It shall provide new and additional financial resources to cover all the agreed costs incurred by the developing countries-parties as a result of the fulfilment of their obligations arising from Article 1. 12 12 paragraph 1. They also provide developing countries-parts, in particular for the purpose of technology transfer, the financial resources at issue that are required to cover the totality of the agreed additional costs determined by the the application of the measures referred to in paragraph 1 of this Article and on which a developing country will agree with an entity or international entities referred to in art. 11, according to the article. The fulfilment of these commitments takes into account that the contributions of funds must be adequate and predictable, as well as the importance of a proper burden-sharing between the developed countries. 4. The developed countries and the other developed parts appearing in Annex no. It also helps developing countries, particularly vulnerable to the adverse effects of climate change, to cope with the cost of adapting them to the said effects. 5. The developed countries and the other developed parts appearing in Annex no. I take all possible measures to encourage, facilitate and finance, according to the needs, transfer or access to technologies and the rational ecological experience of the other parties and, in particular, developing countries, with the purpose of allowing them to apply the provisions of In the process, the developed countries support the development and strengthening of non-polluting capacities and technologies in developing countries. The other parties and organizations that are able to do so, can also facilitate the transfer of these technologies. 6. The Conference of the Parties shall grant the Parties appearing in Annex I, who are in transition to the market economy, to put them in a position to better cope with climate change, a certain degree of flexibility in meeting their commitments in paragraph 2, especially as regards the level of history, which will be chosen as a reference, of anthropogenic greenhouse gas emissions, not regulated by the Montreal Protocol. 7. The extent to which developing countries will effectively pay off their commitments in the convention will depend on the effective fulfilment of their own commitments on financial and financial resources by the developed countries. the transfer of technologies and will take account of the fact that economic and social development and poverty eradication are essential priorities of developing countries. 8. For the purpose of fulfilling the commitments set out in this Article, the Parties shall study measures-in particular the financing, insurance and transfer of technologies-to be taken within the framework of the Convention to address the needs and concerns specific countries of developing countries in the face of adverse effects of climate change and the impact of retaliatory measures, in particular in the following countries: a) small island countries; b) countries which have coastal areas above sea level; c) countries that have arid or semi-arid areas, areas of forests and areas subject to forest degradation; d) countries that have areas subject to natural disasters; e) countries with areas subject to drought and desertification; f) countries that have areas with a strong pollution of the urban atmosphere; g) countries that have fragile ecosystems, especially mountain ecosystems; h) countries whose economy is strongly tributary either to the income derived from the production, processing and export of fossil fuels and related products with a high energy power, or to the consumption of the said fuels and products; i) countries without coastline and transit countries. The Conference of the Parties may take the necessary measures, as appropriate, with regard to this paragraph. 9. The parties shall take into account, in their action regarding the financing and transfer of technologies, the special needs and the special situation of the less advanced countries. 10. In fulfilling the commitments arising from the convention, the parties shall take into account, according to 10, of the situation between them, especially of developing countries, whose economy is vulnerable to the detrimental effects of retaliatory measures to climate change. This is, in particular, the case of parties whose economy is particularly tributary either to the income derived from the production, transformation and export of fossil fuels and related products, or to the consumption of these fuels and products, or use of fossil fuels, hard to replace by these parts with substitution products. + Article 5 Systematic research and observation To fulfill their commitments by virtue of art. 4 4 paragraph 1 para. g), the parts: a) support and, as the case may be, develop more international and intergovernmental organizations or programs and networks whose purpose is to define, realize, evaluate and finance research, data collection and systematic observation work, taking into account the need to limit as much as possible dual uses; b) support the efforts carried out at international and intergovernmental levels to strengthen systematic observation and national scientific and technical research capabilities and means, especially in developing countries, and to encourage access to data coming from areas not dependent on national jurisdiction, and to the analysis of such data, and to promote their exchange; c) take into account the particular concerns and needs of the developing countries-parties and cooperate in improving their endogenous means and capacities to participate in the efforts referred to in par. a) and b). + Article 6 Education, training and public awareness To fulfill their commitments, by virtue of art. 4 4 paragraph 1 para. i), the parts: a) undertake to encourage and facilitate at national level and, if applicable, sub-regional and regional, according to their laws and regulations and according to their capabilities: i) the development and implementation of education and public awareness programmes on climate change and their effects; ii) public access to information on climate change and their effects; iii) public participation in the examination of climate change and their effects and appropriate measures to deal with them; and iv) training of scientific, technical and administrative personnel; b) support through their cooperation and encourage at international level, by resorting, where appropriate, to existing bodies: i) the setting up and exchange of educational material and material intended to raise public awareness of climate change and its effects; and ii) the establishment of education and training programmes, including through the strengthening of national bodies and the exchange or secondment of staff in charge of training experts, in particular for developing countries. + Article 7 Parties conference 1. A conference of the parties was created. 2. As the supreme body of this Convention, the Conference of the Parties shall regularly review the application of the Convention and the other related legal instruments which it may adopt and take, within the limits of its mandate, the necessary decisions to foster the effective application of the Convention. To this end, the conference of the a) periodically examine the obligations of the parties and the institutional provisions arising from the Convention, depending on the objective of the Convention, the experience acquired at the time of its application and the evolution of scientific and technical knowledge b) encourages and facilitates the exchange of information on measures taken by the parties to deal with climate change and their effects, taking into account the diversity of situations, the responsibilities and means of the parties, and their commitments under the Convention; c) facilitate, at the request of two or more parties, the coordination of measures adopted by them to deal with climate change and their effects, taking into account the diversity of situations, responsibilities and means of the parties, and their commitments under the Convention; d) encourages and directs, according to the objective and provisions of the convention, the development and periodic improvement of comparable methods on which it will agree, targeting, above all, the inventory of greenhouse gas emissions (depending on sources) and their reduction by means of absorbers, and the assessment of the effectiveness of the measures taken to limit these emissions and increase the absorption of these gases; e) assess, on the basis of all the information communicated to it, in accordance with the provisions of the Convention, the application of the Convention by the Parties, the overall effects of the measures taken in its application, in particular the environmental and their cumulative incidents and the progress achieved in achieving the objective of the Convention; f) examine and adopt periodic reports on the application of the Convention and ensure their publication; g) make recommendations on all issues necessary for the application of the h) to strive to mobilize financial resources, according to art. 4 paragraphs 3, 4 and 5 and art. 11 11; i) creates subsidiary bodies deemed necessary for the application of the Convention j) examine the reports of these organs, to which it gives them directives k) decides and adopts, by consensus, the internal regulations and the rules of financial management for itself and for all subsidiary bodies; l) where appropriate, require and use the services and competition of international organisations and of the competent intergovernmental and non-governmental bodies, as well as the information they provide; m) exercise and other functions necessary to achieve the objective of the Convention, as well as all other functions conferred on it by it. 3. The Conference of the Parties shall adopt, at its first session, its own internal regulation and those of subsidiary bodies created by application of the Convention; those regulations shall include the decision-making procedure applicable to the problems for which the convention does not yet provide a procedure This procedure may specify the majority necessary for the adoption of judgments. 4. The first session of the conference of the parties will be convened by the provisional secretariat referred to in art. 21 and will be held a year later after the entry into force of the convention. Later, the conference of the parties, only if it does not decide otherwise, will hold its ordinary sessions once a year. 5. The Conference of the Parties holds extraordinary sessions at any other time it deems necessary, or if a party makes a written request, provided that this request is supported by at least one third of the parties, within the following 6 months after communication by the Secretariat to the Parties 6. United Nations, United Nations specialized institutions and the International Atomic Energy Agency, as well as all member states of one of these organizations or observers in addition to one of these organizations that do not Parties to the Convention may be represented at the sessions of the Conference of the Parties as observers. Any national or international body or body, governmental or non-governmental competent in the areas covered by the Convention, which has made known to the Secretariat that it wishes to be represented at a session of the Conference of the Parties, may be admitted in this quality, if at least one third of the parties present therein do not object. The admission and participation of the observers shall be determined by the internal rules adopted by the Conference + Article 8 Secretariat 1. A secretariat was created. 2. The functions of the Secretariat are as follows: a) organize the sessions of the conference of the parties and its subsidiary bodies created by virtue of the convention and provide them with the necessary services; b) synthesize and disseminate the reports it receives; c) on request, to assist the parties and, in particular among them, developing countries, to synthesize and disseminate the information required by the Convention; d) establish the reports on the activities and submit them to the conference e) ensure the necessary coordination with the secretariats of other competent international bodies; f) take, under the supervision of the conference of the parties, the administrative and contractual provisions that require the effective performance of its functions; and g) to exercise the other secretarial functions incumbent upon him on the basis of the Convention or one of its protocols and any other functions which the Conference of the Parties may assign to him. 3. At its first session, the conference of the parties will designate a permanent secretariat and give the necessary provisions for its operation. + Article 9 Subsidiary organ of scientific and technological assistance 1. A subsidiary body of scientific and technological assistance was created, commissioned to provide timely to the conference of the parties and, if applicable, to the other subsidiary bodies, information and recommendations on scientific and technological aspects the convention. This organ, open to the participation of all parties, is multidisciplinary. He is composed of representatives of governments who enjoy authority in their field of competence. He regularly reports to the conference of the parties on all aspects of his work. 2. The body, acting under the authority of the conference of the parties and supporting the debates of the competent international bodies, shall function as: a) to determine the scientific knowledge on climate change and its effects; b) to determine, scientifically, the effects of the measures taken in the application of the Convention c) to recite the technologies and experience of innovative virf and performance and to indicate the means to encourage their development and to ensure their transfer; d) to provide opinions on scientific programmes, on international cooperation and on climate change research and development and on the means to assist developing countries with their own capacity; e) to answer the scientific, technological and methodological questions that the conference of the parties and its subsidiary bodies will be able to ask. 3. The functions and the mandate of the organ will be specified before the conference of the parties. + Article 10 Subsidiary organ of implementation 1. An implementing subsidiary body is created to help the conference of parties to ensure the implementation and follow up of the implementation of the convention. This organ, open to the participation of all parties, is composed of representatives of governments, experts on climate change. It shall regularly report to the Conference of the Parties all aspects of its activities 2. The body, acting under the authority of the conference of parties, has as functions: a) to examine the information communicated according to art. 12 paragraph 1, in order to assess the overall combined effect of the measures taken by the Parties in the light of the most recent scientific assessments of climate change; b) to examine the information communicated according to art. 12 paragraph 2, in order to help the conference of the parties to carry out the examinations provided in 4 4 paragraph 2 para. d); c) to help the conference of the parties, according to the needs, to prepare and execute its decisions. + Article 11 Financial mechanism 1. A mechanism entrusted to provide financial resources in the form of donations or in favorable conditions, especially for the transfer of technologies, is defined here. This mechanism depends on the conference of the parties, before which it is responsible and which defines its policies, priorities of its own programme and the eligibility criteria related to the Convention. Its operation is entrusted to one or more existing international entities. 2. The financial mechanism is constituted on the basis of a fair and balanced representation of all parties, within the framework of a transparent management system. 3. The Conference of the Parties and the Entity or Entities responsible for ensuring the functioning of the Financial Mechanism shall establish the necessary arrangements to give effect to the above paragraphs, including: a) ways to ensure that climate-funded projects are in line with the policies, programme priorities and approval criteria defined by the Conference of the Parties; b) the ways in which a financing decision can be reviewed in the light of these policies, programme priorities and criteria; c) regular presentation by the entity or entities, at the conference of the parties, of reports on its financing operations, according to the principle of its responsibility as defined in paragraph 1; d) the determination, in a predictable and identifiable form, of the total amount of financial means necessary and available for the application of this Convention and how this total amount will be periodically reviewed. 4. At its first session, the conference of the parties will do what is necessary to give effect to the above provisions, examining and taking into consideration the provisional provisions referred to in art. 21 paragraph 3 and shall decide on the possible maintenance of these provisions. Then, in the next 4 years, it will evaluate the operation of the mechanism and take appropriate measures 5. The developed countries-parties will also be able to provide, and the developing countries-parties will be able to obtain bilateral, regional or multilateral financial resources for the purpose of applying the convention. + Article 12 Communication of information on the application 1. According to art. 4 paragraph 1, each Party shall communicate to the Conference of the Parties, through the Secretariat, the information items below: a) a national inventory of anthropogenic emissions, by sources, and absorption, by absorbents for all greenhouse gases, not regulated by the Montreal Protocol, to the extent that the means allow it, using comparable methods on which the conference of the parties agrees and whose use will encourage it; b) a general description of the measures it takes or intends to take to apply the Convention; c) any other information that the party considers useful in order to achieve the objective of the convention and to express in its communication, as far as possible, data useful to determine the trends of anthropogenic emissions in the world. 2. Each country developed-part and each other listed in Annex no. The following information elements will be included in their communication: a) the detailed description of the policies and measures they have adopted to comply with the underwritten commitment to art. 4 4 paragraph 2 para. a) and b); b) the precise estimate of the effects that the policies and measures referred to in par. a) will have them on anthropogenic greenhouse gas emissions from sources and on absorption through absorbers during the period referred to in art. 4 4 paragraph 2 para. a). 3. In addition, each developed country-part and each other developed part, as set out in Annex no. II, give details of the measures taken, according to art. 4 paragraphs 3-5. 4. Developing countries-parties will be able to propose, on a voluntary basis, financing projects specifying the technologies, materials, equipment, techniques or specific practices necessary to execute them and giving, if possible, a estimate of all the additional costs of these projects, the expected progress in reducing emissions and the absorption of greenhouse gases, as well as an estimate of the advantages that can be counted. 5. Each country developed-part and each other listed in Annex no. They will present their initial communication within the next 6 months after the Convention enters into force as far as they are concerned. Each of the parties that do not appear on this list will present its initial communication in the next 3 years after the entry into force of the convention, as far as it is concerned, or after the dismissal of financial resources, according to art. 4 4 paragraph 3. Parties that are among the little advanced countries will be free to choose the date of their initial communication. Then, the frequency of communication of all parties will be fixed by the conference of the parties, which will take into account the differences of maturity indicated in this paragraph 6. The information communicated by the parties in the application of this article shall be submitted as soon as possible by the secretariat to the conference of the parties and the competent subsidiary bodies The conference of the parties will be able, if necessary, to review the procedures for transmitting information. 7. Starting from its first session, the conference of the parties will order the provision of technical and financial aid to developing countries-parties, at their request, to help them bring together and communicate the information required in this article and to review the technical and financial means necessary to execute the proposed projects and the riposte measures taken on the basis of art. 4. This aid may be provided by other parties, through competent international organisations and by the Secretariat, as appropriate. 8. Any grouping of parties may, subject to comply with the directives of the Conference of the Parties and to endorse it beforehand, to acquit themselves of the obligations set forth in this Article, presenting a joint communication, provided that it includes in this information on how each party has been acquitted of the individual obligations incumbent upon it from the Convention. 9. The information received by the secretariat and which the party providing will indicate that they are confidential, by criteria that the conference of the parties will determine, will be compiled by the secretariat so as to preserve this character before be transmitted to one of the organs called to receive and examine them. 10 10. Subject to paragraph 9 and without giving up the possibility, for any part, to make its communication public at any time, the communications presented by the parties in the application of this Article shall be made available to the public by the secretariat concurrently with their submission to the conference of + Article 13 Regulation of enforcement problems The Conference of the Parties will study, at its first session, the implementation of a multilateral consultative process, at the disposal of the parties, at their request, for the regulation of the problems + Article 14 Dispute settlement 1. In case of dispute between two or more than two parties concerning the interpretation or application of the convention, the interested parties shall endeavour to regulate it by way of negotiation or by any other peaceful means of their choice. 2. When they ratify, accept or approve the convention or accede to it or at any time following them, a party that is not a regional economic integration organization may declare, through a written instrument deposited to the depositary, that, any dispute relating to the interpretation or application of the Convention, it shall recognise as a compulsory right and outside a special arrangement relating to any party accepting the same obligation: a) subjecting the dispute to the International Court of Justice; b) the arbitration, according to the procedure it will adopt as soon as possible the conference of the parties by an annex consecrated to the arbitration. A party that is a regional economic integration organization may, in matters of arbitration, make a declaration to that effect, in accordance with the procedure referred to in paragraph 1. b). 3. The declaration made in application of paragraph 2 shall remain in force upon its expiration according to its provisions or until the expiration of a period of 3 months from the date on which the written notification of the revocation of this declaration was filed with the depositary. 4. Submission of a new declaration, notification of revocation of a declaration or expiration of a declaration shall not affect with anything a procedure started at the International Court of Justice or the arbitral tribunal, provided that the parties to the dispute do not Otherwise agree. 5. Subject to paragraph 2, if upon expiry of the 12-month period from the date on which a party notified another party the existence of a dispute between them, the interested parties did not reach the resolution of the dispute between them using the means described in paragraph 1, the dispute, at the request of one of the parties to the dispute, is subject to conciliation. 6. A conciliation committee was created at the request of any of the parties to the dispute. The Commission shall be composed of the members appointed, in equal numbers, by each interested party and from a President chosen by mutual agreement by the members appointed by the Parties The Commission shall present a recommendation that the Parties shall examine in good faith. 7. The Conference of the Parties shall, as soon as possible, adopt a complementary conciliation procedure in an annex devoted to conciliation. 8. The provisions of this Article shall apply to any related legal instrument which the Conference of the Parties may adopt, provided that the instrument does not otherwise have it. + Article 15 Convention Amendments 1. Any Party may propose amendments to the Convention. 2. Amendments to the Convention are adopted at an ordinary session of the Conference of the Parties. The text of any proposal for amendment to the Convention shall be communicated to the Parties by the Secretariat at least 6 months before the meeting at which it is proposed for adoption. The Secretariat shall also communicate the amendment proposals to the signatories of the Convention and, for information, to the depositary. 3. The Parties shall not specify any effort to reach agreement by consensus on any proposed amendment to the Convention. If any effort to do so proves futile and no agreement comes in, the amendment is adopted by a vote to meet three-quarters of the majority of the present and voting parties. The adopted amendment shall be communicated by the secretariat to the depositary, which shall transmit it to all parties for acceptance. 4. The instruments of acceptance of amendments shall be deposited with the depositary. Any amendment, adopted in accordance with paragraph 3, shall enter into force, for the parties that have accepted it, 90 days after the date of receipt by the depositary of the instruments of acceptance of at least three quarters of the parties to the Convention. 5. The amendment shall enter into force for any of the other parties 90 days after the date of deposit, by this party, to the depositary, its instrument of acceptance of that amendment. 6. In the spirit of this article, the expression of present and voting parties means the parties that are present and who vote "for" or "against". + Article 16 Adoption and amendment of the Convention annexes 1. The Annexes of the Convention shall form an integral part thereof and, except in the contrary provision, any reference to the Convention shall constitute a reference to its Annexes. Without prejudice to the provisions of art. 14 14 paragraph 2 para. b) and paragraph 7, the Annexes shall be limited to lists, formulas and other descriptive documents of a scientific, technical, procedural and administrative nature. 2. The Annexes of the Convention shall be proposed and adopted according to the procedure described in 15 paragraphs 2, 3 and 4. 3 3. Any Annex adopted in application of paragraph 2 shall enter into force, for all parties to the Convention, 6 months after the date on which the depositary has notified their adoption, except for the parties which, in the same period, shall notify the depositary in writing. that they do not accept this annex. Compared to the parties withdrawing this notice of non-acceptance, the Annex shall enter into force 90 days after the receipt by the depositary of the notification of this withdrawal. 4. For the proposal, adoption and entry into force of amendments to the Annexes to the Convention, the procedure shall be the same as for the proposal, adoption and entry into force of the Annexes, in accordance with paragraphs 2 and 3. 5. If the adoption of an annex or amendment to an annex requires an amendment to the convention, this annex or amendment shall enter into force only when the amendment to the Convention enters into force itself. + Article 17 Protocols 1. Conference of the Parties may, at any of its ordinary sessions, adopt protocols at the convention. 2. The text of any protocol shall be communicated to the parties, by the Secretariat, at least 6 months before the session. 3. The rules that determine the entry into force of any protocol are defined by the protocol itself. 4. Only parties to the Convention may be parties to a Protocol. 5. Only the Parties to a Protocol shall take decisions by virtue of that Protocol. + Article 18 Voting rights 1. Each Party to the Convention shall have one vote, subject to the provisions of paragraph 2 below. 2. In the fields of their competence, regional economic integration organizations shall have, in order to exercise their right to vote, a number of votes equal to the number of Member States which are parties to the Convention. These organisations shall not exercise their right to vote if one of the Member States exercises its own and vice versa. + Article 19 Depositary The Secretary-General of the United Nations shall be the depositary of the Convention and of the Protocols adopted under 17. + Article 20 Signing This Convention is open to signature by Member States of the United Nations or members of a United Nations specialized institution, parties to the Statute of the International Court of Justice, as well as regional economic integration, in Rio de Janeiro, during the United Nations Conference on the Environment and Development, then at the United Nations Headquarters, in New York, from 20 June 1992 to 19 June 1993. + Article 21 Transitional provisions 1. By the end of the first session of the conference of the parties, the secretarial functions concerned 8 will be provisionally exercised by the secretariat created by the General Assembly of the United Nations by its Resolution no. 45/212 45/212 of 21 December 1990. 2. The head of the provisional secretariat referred to in paragraph 1 above shall collaborate closely with the intergovernmental panel of experts for the study of climate change so that it can meet the objectives of scientific and technical opinion Other competent scientific bodies may be consulted. 3. The Global Environment Fund of the United Nations Development Programme, the United Nations Environment Programme and the International Bank for Reconstruction and Development will be the international entity tasked to secure, by way of provisionally, the functioning of the financial mechanism concerned 11. It should, in this regard, that the fund be properly reorganized and the composition of its members become universal, in order to be able to respond to the requirements of art. 11. + Article 22 Ratification, acceptance, approval or accession 1. The Convention is subject to ratification, acceptance, approval or accession of states and organizations of regional economic integration. She will be open to joining the day after she stops being open to signing. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary. 2. Any regional economic integration organization that becomes a party to the Convention, without one of its Member States being a party to it, is bound by all obligations arising from the Convention. When one or more Member States of such an organisation are parties to the Convention, that organisation and its Member States shall agree on their responsibilities in the performance of the obligations imposed on it by the Convention. In such a case, the organisation and its Member States shall not be empowered to exercise the rights deriving from the Convention. 3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall indicate their degree of competence to the problems determined by the Convention. In addition, these organisations shall inform the depositary, which shall inform the parties of any particular changes to the extent of their competence. + Article 23 Entry into force 1. The Convention shall enter into force 90 days after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession. 2. For each state or organization of regional economic integration that ratifies, accepts or approves its convention or adheres to it after the filing of the fiftieth instrument of ratification, acceptance, approval or accession, the Convention shall be shall enter into force 90 days after the date of deposit by that State or by this organisation of its instrument of ratification, acceptance, approval or accession. 3. In the spirit of paragraphs 1 and 2, the instrument submitted by an organisation of regional economic integration shall not be considered in addition to those submitted by its Member States. + Article 24 Restrictive clauses No reservation can be made at this Convention. + Article 25 Denunciation 1. On the expiry of the 3-year period from the date of entry into force of the convention for a party, it will be able to denounce it by a written notification to the depositary. 2. This denunciation shall have effect on the expiry of the one-year period from the date on which the depositary received the notification or at any later date specified in that notification. 3. Any party that has denounced the convention will be considered as having denounced and any protocol to which it is a party. + Article 26 Authentic texts The original of the present Convention, whose texts in English, Arabic, Chinese, Spanish, French and Russian are equally authentic, will be deposited with the Secretary-General of the United Nations. On its basis, the undersigned, legally authorized for this purpose, have signed this Convention. Made in New York on May 9, 1992. ^ 1) The policies and measures adopted by regional economic integration organisations shall also be understood by this deadline. + Annex 1 Australia Austria Belarus ^ a) Belgium Bulgaria ^ a) Canada Czechoslovakia ^ a) Denmark European Community Estonia ^ a) Finland France Germany Greece Hungary ^ a) Iceland Ireland Italy Japan Latvia ^ a) Lithuania ^ a) Luxembourg Netherlands New Zealand Norway Poland ^ a) Portugal Romania ^ a) Russian Federation ^ a) Spain Sweden Switzerland Turkey Ukraine ^ a) United Kingdom of Great Britain and Northern Ireland United States of America ^ ^ a) Countries in transition to market economy. + Annex 2 Australia Austria Belgium Denmark European Community Finland France Germany Greece Iceland Ireland Italy Japan Luxembourg Netherlands New Zealand Norway Portugal Spain Sweden Switzerland Turkey United Kingdom of Great Britain and Northern Ireland United States of America. ------------------