Law No. 104 Of 3 May 2005
Original Language Title: LEGE nr. 104 din 3 mai 2005
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LEGE no. 104 104 of 3 May 2005 for the ratification of the Memorandum of Understanding between the Government of Romania and the Government of the French Republic on the development of projects with "joint implementation" based on art. 6 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, signed in Bucharest on 28 September 2004
Published in OFFICIAL MONITOR no. 389 389 of 9 May 2005
The Romanian Parliament adopts this law + Article UNIC The Memorandum of Understanding between the Government of Romania and the Government of the French Republic on the development of projects with "joint implementation" on the basis of art. 6 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, signed in Bucharest on 28 September 2004. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE SENATE PRESIDENT NICOLAE VACAROIU Bucharest, May 3, 2005. No. 104. MEMORANDUM OF UNDERSTANDING between the Government of Romania and the Government on the development of projects with "joint implementation" based on art. 6 6 of the Kyoto Protocol to United Nations Framework Convention on Climate Change The Government of Romania and the Government of the French Republic, Recalling that Romania and the French Republic are parties to the United Nations Framework Convention on Climate Change (UNFCCC), hereinafter referred to as the Convention, and ratified the Kyoto Protocol to the UNFCCC, hereinafter referred to as the Protocol, Taking into account art. 6 6 of the Protocol, the Marrakech Agreements and Decisions 15 /CP.7 and 16 /CP.7, adopted at the 7th Conference of the Parties to the Convention (COP 7), taking into account the decision to implement art. 6 of the Protocol, which is likely to be adopted by the Conference of the Parties (COP), acting as a meeting of the Parties to the Kyoto Protocol (COP/MOP) and, where appropriate, with the assistance of the Committee for the supervision of the activities carried out under Art. 6 6 of the Protocol, wishing to engage in sustainable cooperation in the field of combating climate change, favouring the implementation of the "joint implementation" mechanism provided by art. 6 6 of the Protocol, Having regard to Decision 16 /CP.7, which anticipates the entry into force of the Protocol, lists the conditions for the development of 'joint implementation' projects, taking into account the recommendations of the Conference of the Parties to the Convention, aimed at facilitating the implementation of projects that may be subject to art. 6 of the Protocol, in countries with economies in transition, stressing the importance of the internal policies and measures necessary to fulfill the obligations stipulated in the Protocol and the additional role of the activities carried out 6 6 of the same document, wishing to express the political will to cooperate in achieving the objectives of the Convention and of the Protocol, in particular to support the implementation of "joint implementation" projects, taking into account the common priority of Romania and the French Republic to protect the environment and promote sustainable development, agreed the following: + Article 1 Objective (1) The objective of this Memorandum of Understanding is to promote the implementation of projects aimed at reducing or seizing greenhouse gas emissions in Romania and transferring the corresponding emission reduction units within the framework of the the mechanism "joint implementation", provided by art. 6 6 of the Protocol. ... ((2) The projects referred to in paragraph (1), which are part of Romania's sustainable development policy, are designed and implemented in the spirit of the partnership between the two parties. ... + Article 2 Scope of application ((. Decisions relating to the approval of a joint implementation project and the corresponding transfer of emission reduction units shall be carried out in accordance with decisions 15 /CP.7 and 16 /CP.7 and decisions, rules, modalities, the important guidelines and procedures adopted by the COP, COP/MOP and, where appropriate, by the Committee for the supervision of the activities carried out in accordance with art. 6 6 of the Protocol. ... (2) The Parties shall inform each other of the provisions taken to fulfil the obligations laid down by the Marrakech Agreements, by applying "joint implementation" projects, in particular as regards the designation of the authorities national in charge of the examination and approval of the projects, respectively. ... ((3) This Memorandum of Understanding covers the period from 2004 to the end of the first commitment period provided for in the Kyoto Protocol (2012). The possibility of including employment projects after 2000 and accounting for emission reductions after 2012, according to decisions taken by COP/MOP, related to subsequent commitment periods shall be considered. These projects will be subject to specific agreements submitted to the National Climate Change Commission. ... + Article 3 Romanian side obligations The Romanian side contributes to the rapid development and implementation of "joint implementation" projects through: ● specify the guidelines and national procedures for the approval of projects in Romania and ensure the efficiency of the approval procedure, in accordance with art. 6 of the Protocol and with the decisions, rules, modalities, guidelines and important procedures adopted subsequent by the COP, COP/MOP or, if applicable, by the Supervisory Committee for the activities carried out according to art. 6 6 of the Protocol; ● disseminating information on existing opportunities in Romania in the field of "joint implementation" projects. + Article 4 Obligations of French The French side, after consulting with the Romanian side, contributes to the rapid development and implementation of "joint implementation" projects in Romania by: ● favouring the participation of French economic operators in the development and implementation of "joint implementation" projects in Romania, in particular by informing them on the technical, institutional and financial conditions of implementation implementation of these projects and on opportunities due to Romania's development priorities; ● the implementation of an effective project approval procedure. + Article 5 Common obligations of the two parties (1) The rules for verifying the emission reductions generated by the project and those relative to the transfer between parts of the resulting emission reduction units shall be subject, at the time of approval of the project, of a project agreement to be signed. between parties for each project, according to art. 6 of the Protocol and subsequent corresponding decisions. ... (2) The Romanian side and the French side undertake to designate, within two months from the date of signature of this Memorandum of Understanding, a representative of the national authority, to constitute direct contact points on all the subjects relating to the implementation of this Memorandum of Understanding. ... ((3) The Parties shall provide the necessary support to "joint implementation" projects, in particular by facilitating access to relevant information and experiences to determine reference scenarios or other subjects. ... + Article 6 Cooperation on other topics related to climate change The Parties undertake to pursue all other forms of cooperation in the field of climate change, in particular by identifying greenhouse gas emission reduction projects in Romania and cooperation in the field of promoting priority projects of common interest. + Article 7 Final provisions ((. The Parties shall communicate to each other the fulfilment of internal procedures necessary for the entry into force of this Memorandum of Understanding This Memorandum of Understanding shall enter into force on the date of receipt of the ... ((. This Memorandum of Understanding shall be valid until the end of the first commitment period provided for in the Protocol (2012). It will automatically extend to new periods of 5 years, unless one of the parties denounces it. ... ((. Any Party may denounce this Memorandum of Understanding by written notice to the other Party. The denunciation will produce its effects 6 months after the notification. ... (4) The denunciation of this Memorandum of Understanding by one of the Parties will not have the effect of stopping the development of ongoing projects for which project agreements have been signed. ... Signed in Bucharest on September 28, 2004, in two original copies, in Romanian and French, both texts being equally authentic. For the Romanian Government, Hope Maria Ianculescu, Minister for the Environment and Water Management For the Government of France, Patrick Devedjian, minister delegate for industry ------------
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