The Parties to this Protocol,
Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as “the Convention",
In pursuit of the ultimate objective of the Convention as stated in its Article 2,
Recalling the provisions of the Convention,
Being guided by Article 3 of the Convention,
Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the Conference of the
Parties to the Convention at its first session,
Have agreed as follows:
For the purposes of this Protocol, the definitions contained in Article 1 of the Convention shall apply. In addition:
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1. “Conference of the Parties” means the Conference of the Parties to the Convention.
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2. “Convention” means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992.
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3. “Intergovernmental Panel on Climate Change” means the Intergovernmental Panel on Climate
Change established in 1988 jointly by the World Meteorological Organization and the
United Nations Environment Programme.
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4. “Montreal Protocol” means the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on 16 September 1987 and as subsequently adjusted and amended.
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5. “Parties present and voting” means Parties present and casting an affirmative or negative
vote.
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6. “Party” means, unless the context otherwise indicates, a Party to this Protocol.
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7. “Party included in Annex I” means a Party included in Annex I to the Convention, as may be amended, or a Party which has made a notification under Article 4, paragraph 2 g), of the Convention.
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1 Each Party included in Annex I, in achieving its quantified emission limitation and reduction commitments under
Article 3, in order to promote sustainable development, shall:
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a) Implement and/or further elaborate policies ad measures in accordance with its national
circumstances, such as:
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(i) Enhancement of energy efficiency in relevant sectors of the national economy;
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(ii) Protection and enhancement of sinks and reservoirs of greenhouse gases not controlled
by the Montreal Protocol, taking into account its commitments under relevant international environmental agreements;
promotion of sustainable forest management practices, afforestation and reforestation;
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(iii) Promotion of sustainable forms of agriculture in light of climate change considerations;
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(iv) Research on, and promotion, development and increased use of, new and renewable forms
of energy, of carbon dioxide sequestration technologies and of advanced and innovative
environmentally sound technologies;
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(v) Progressive reduction or phasing out of market imperfections, fiscal incentives, tax
and duty exemptions and subsidies in all greenhouse gas emitting sectors that run
counter to the objective of the Convention and application of market instruments;
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(vi) Encouragement of appropriate reforms in relevant sectors aimed at promoting policies
and measures which limit or reduce emissions of greenhouse gases not controlled by
the Montreal Protocol;
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(vii) Measures to limit and/or reduce emissions of greenhouse gases not controlled by the
Montreal Protocol in the transport sector;
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(viii) Limitation and/or reduction of methane emissions through recovery and use in waste
management, as well as in the production, transport and distribution of energy;
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b) Cooperate with other such Parties to enhance the individual and combined effectiveness
of their policies and measures adopted under this Article, pursuant to Article 4, paragraph 2 e) (i), of the Convention. To this end, these Parties shall take steps to share their experience and exchange
information on such policies and measures, including developing ways of improving
their comparability, transparency and effectiveness. The Conference of the Parties
serving as the meeting of the Parties to this Protocol shall, at its first session
or as soon as practicable thereafter, consider ways to facilitate such cooperation,
taking into account all relevant information.
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2 The Parties included in Annex I shall pursue limitation or reduction of emissions of greenhouse gases not controlled
by the Montreal Protocol from aviation and marine bunker fuels, working through the International Civil Aviation
Organization and the International Maritime Organization, respectively.
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3 The Parties included in Annex I shall strive to implement policies and measures under this Article in such a way
as to minimize adverse effects, including the adverse effects of climate change, effects
on international trade, and social, environmental and economic impacts on other Parties,
especially developing country Parties and in particular those identified in Article 4, paragraphs 8 and 9, of the Convention, taking into account Article 3 of the Convention. The Conference of the Parties serving as the meeting of the Parties to this Protocol
may take further action, as appropriate, to promote the implementation of the provisions
of this paragraph.
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4 The Conference of the Parties serving as the meeting of the Parties to this Protocol,
if it decides that it would be beneficial to coordinate any of the policies and measures
in paragraph 1 a) above, taking into account different national circumstances and
potential effects, shall consider ways and means to elaborate the coordination of
such policies and measures.
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1 The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic carbon
dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission
limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of this Article, with a view to reducing their
overall emissions of such gases by at least 5 per cent below 1990 levels in the commitment
period 2008 to 2012.
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3 The net changes in greenhouse gas emissions by sources and removals by sinks resulting
from direct human-induced land-use change and forestry activities, limited to afforestation,
reforestation and deforestation since 1990, measured as verifiable changes in carbon
stocks in each commitment period, shall be used to meet the commitments under this
Article of each Party included in Annex I. The greenhouse gas emissions by sources and removals by sinks associated with those
activities shall be reported in a transparent and verifiable manner and reviewed in
accordance with Articles 7 and 8.
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4 Prior to the first session of the Conference of the Parties serving as the meeting
of the Parties to this Protocol, each Party included in Annex I shall provide, for consideration by the Subsidiary body for Scientific and Technological
Advice, data to establish its level of carbon stocks in 1990 and to enable an estimate
to be made of its changes in carbon stocks in subsequent years. The Conference of
the Parties serving as the meeting of the Parties to this Protocol shall, at its first
session or as soon as practicable thereafter, decide upon modalities, rules and guidelines
as to how, and which, additional human-induced activities related to changes in greenhouse
gas emissions by sources and removals by sinks in the agricultural soils and the land-use
change and forestry categories shall be added to, or subtracted from, the assigned
amounts for Parties included in Annex I, taking into account uncertainties, transparency in reporting, verifiability, the
methodological work of the intergovernmental Panel on Climate Change, the advice provided
by the Subsidiary Body for Scientific and Technological Advice in accordance with
Article 5 and the decisions of the Conference of the Parties. Such a decision shall apply in
the second and subsequent commitment periods. A Party may choose to apply such a decision
on these additional human-induced activities for its first commitment period, provided
that these activities have taken place since 1990.
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6 Taking into account Article 4, paragraph 6, of the Convention, in the implementation of their commitments under this Protocol other than those
under this Article, a certain degree of flexibility shall be allowed by the Conference
of the Parties serving as the meeting of the Parties to this Protocol to the Parties
included in Annex I undergoing the process of transition to a market economy.
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7 In the first quantified emission limitation and reduction commitment period, from
2008 to 2012, the assigned amount for each Party included in Annex I shall be equal to the percentage inscribed for it in Annex B of its aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse
gases listed in Annex A in 1990, or the base year or period determined in accordance with paragraph 5 above,
multiplied by five. Those Parties included in Annex I for whom land-use change and forestry constituted a net source of greenhouse gas
emissions in 1990 shall include in their 1990 emissions base year or period the aggregate
anthropogenic carbon dioxide equivalent emissions by sources minus removals by sinks
in 1990 from land-use change for the purposes of calculating their assigned amount.
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9 Commitments for subsequent periods for Parties included in Annex I shall be established in amendments to Annex B to this Protocol, which shall be adopted in accordance with the provisions of Article 21, paragraph 7. The Conference of the Parties serving as the meeting of the Parties to this Protocol
shall initiate the consideration of such commitments at least seven years before the
end of the first commitment period referred to in paragraph 1 above.
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10 Any emission reduction units, or any part of an assigned amount, which a Party acquires
from another Party in accordance with the provisions of Article 6 or of Article 17 shall be added to the assigned amount for the acquiring Party.
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11 Any emission reduction units, or any part of an assigned amount, which a Party transfers
to another Party in accordance with the provisions of Article 6 or of Article 17 shall be subtracted from the assigned amount for the transferring Party.
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13 If the emissions of a Party included in Annex I in a commitment period are less than its assigned amount under this Article, this
difference shall, on request of that Party, be added to the assigned amount for that
Party for subsequent commitment periods.
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14 Each Party included in Annex I shall strive to implement the commitments mentioned in paragraph 1 above in such
a way as to minimize adverse social, environmental and economic impacts on developing
country Parties, particularly those identified in Article 4, paragraphs 8 and 9, of the Convention. In line with relevant decisions of the Conference of the Parties
on the implementation of those paragraphs, the Conference of the Parties serving as
the meeting of the Parties to this Protocol shall, at its first session, consider
what actions are necessary to minimize the adverse effects of climate change and/or
the impacts of response measures on Parties referred to in those paragraphs. Among
the issues to be considered shall be the establishment of funding, insurance and transfer
of technology.
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1 Any Parties included in Annex I that have reached an agreement to fulfil their commitments under Article 3 jointly, shall be deemed to have met those commitments provided that their total
combined aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse
gases listed in Annex A do not exceed their assigned amounts calculated pursuant to their quantified emission
limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of Article 3. The respective emission level allocated to each of the Parties to the agreement
shall be set out in that agreement.
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2 The Parties to any such agreement shall notify the secretariat of the terms of the
agreement on the date of deposit of their instruments of ratification, acceptance
or approval of this Protocol, or accession thereto. The secretariat shall in turn
inform the Parties and signatories to the Convention of the terms of the agreement.
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4 If Parties acting jointly do so in the framework of, and together with, a regional
economic integration organization, any alteration in the composition of the organization
after adoption of this Protocol shall not affect existing commitments under this Protocol.
Any alteration in the composition of the organization shall only apply for the purposes
of those commitments under Article 3 that are adopted subsequent to that alteration.
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6 If Parties acting jointly do so in the framework of, and together with, a regional
economic integration organization which is itself a Party to this Protocol, each member
State of that regional economic integration organization individually, and together
with the regional economic integration organization acting in accordance with Article 24, shall, in the event of failure to achieve the total combined level of emission reductions,
be responsible for its level of emissions as notified in accordance with this Article.
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1 Each Party included in Annex I shall have in place, no later than one year prior to the start of the first commitment
period, a national system for the estimation of anthropogenic emissions by sources
and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol. Guidelines for such national systems, which shall incorporate the methodologies
specified in paragraph 2 below, shall be decided upon by the Conference of the Parties
serving as the meeting of the Parties to this Protocol at its first session.
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2 Methodologies for estimating anthropogenic emissions by sources and removals by sinks
of all greenhouse gases not controlled by the Montreal Protocol shall be those accepted by the Intergovernmental Panel on Climate Change and agreed
upon by the Conference of the Parties at its third session. Where such methodologies
are not used, appropriate adjustments shall be applied according to methodologies
agreed upon by the Conference of the Parties serving as the meeting of the Parties
to this Protocol at its first session. Based on the work of, inter alia, the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary
Body for Scientific and Technological Advice, the Conference of the Parties serving
as the meeting of the Parties to this Protocol shall regularly review and, as appropriate,
revise such methodologies and adjustments, taking fully into account any relevant
decisions by the Conference of the Parties. Any revision to methodologies or adjustments
shall be used only for the purposes of ascertaining compliance with commitments under
Article 3 in respect of any commitment period adopted subsequent to that revision.
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3 The global warming potentials used to calculate the carbon dioxide equivalence of
anthropogenic emissions by sources and removals by sinks of greenhouse gases listed
in Annex A shall be those accepted by the Intergovernmental Panel on Climate Change and agreed
upon by the Conference of the Parties at its third session. Based on the work of,
inter alia, the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary
Body for Scientific and Technological Advice, the Conference of the Parties serving
as the meeting of the Parties to this Protocol shall regularly review and, as appropriate,
revise the global warming potential of each such greenhouse gas, taking fully into
account any relevant decisions by the Conference of the Parties. Any revision to a
global warming potential shall apply only to commitments under Article 3 in respect of any commitment period adopted subsequent to that revision.
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1 For the purpose of meeting its commitments under Article 3, any Party included in Annex I may transfer to, or acquire from, any other such Party emission reduction units resulting
from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic
removals by sinks of greenhouse gases in any sector of the economy, provided that:
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a) Any such project has the approval of the Parties involved;
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b) Any such project provides a reduction in emissions by sources, or an enhancement of
removals by sinks, that is additional to any that would otherwise occur;
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c) It does not acquire any emission reduction units if it is not in compliance with its
obligations under Articles 5 and 7; and
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d) The acquisition of emission reduction units shall be supplemental to domestic actions
for the purposes of meeting commitments under Article 3.
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2 The Conference of the Parties serving as the meeting of the Parties to this Protocol
may, at its first session or as soon as practicable thereafter, further elaborate
guidelines for the implementation of this Article, including for verification and
reporting.
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3 A Party included in Annex I may authorize legal entities to participate, under its responsibility, in actions
leading to the generation, transfer or acquisition under this Article of emission
reduction units.
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4 If a question of implementation by a Party included in Annex I of the requirements referred to in this Article is identified in accordance with
the relevant provisions of Article 8, transfers and acquisitions of emission reduction units may continue to be made after
the question has been identified, provided that any such units may not be used by
a Party to meet its commitments under Article 3 until any issue of compliance is resolved.
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1 Each Party included in Annex I shall incorporate in its annual inventory of anthropogenic emissions by sources and
removals by sinks of greenhouse gases not controlled by the Montreal Protocol, submitted
in accordance with the relevant decisions of the Conference of the Parties, the necessary
supplementary information for the purposes of ensuring compliance with Article 3, to be determined in accordance with paragraph 4 below.
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2 Each Party included in Annex I shall incorporate in its national communication, submitted under Article 12 of the Convention, the supplementary information necessary to demonstrate compliance with its commitments
under this Protocol, to be determined in accordance with paragraph 4 below.
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3 Each Party included in Annex I shall submit the information required under paragraph 1 above annually, beginning
with the first inventory due under the Convention for the first year of the commitment period after this Protocol has entered into
force for that Party. Each such Party shall submit the information required under
paragraph 2 above as part of the first national communication due under the Convention
after this Protocol has entered into force for it and after the adoption of guidelines
as provided for in paragraph 4 below. The frequency of subsequent submission of information
required under this Article shall be determined by the Conference of the Parties serving
as the meeting of the Parties to this Protocol, taking into account any timetable
for the submission of national communications decided upon by the Conference of the
Parties.
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4 The Conference of the Parties serving as the meeting of the Parties to this Protocol
shall adopt at its first session, and review periodically thereafter, guidelines for
the preparation of the information required under this Article, taking into account
guidelines for the preparation of national communications by Parties included in Annex I adopted by the Conference of the Parties. The Conference of the Parties serving as
the meeting of the Parties to this Protocol shall also, prior to the first commitment
period, decide upon modalities for the accounting of assigned amounts.
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1 The information submitted under Article 7 by each Party included in Annex I shall be reviewed by expert review teams pursuant to the relevant decisions of the
Conference of the Parties and in accordance with guidelines adopted for this purpose
by the Conference of the Parties serving as the meeting of the Parties to this Protocol
under paragraph 4 below. The information submitted under Article 7, paragraph 1, by each Party included in Annex I shall be reviewed as part of the annual compilation and accounting of emissions inventories
and assigned amounts. Additionally, the information submitted under Article 7, paragraph 2, by each Party included in Annex I shall be reviewed as part of the review of communications.
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2 Expert review teams shall be coordinated by the secretariat and shall be composed
of experts selected from those nominated by Parties to the Convention and, as appropriate, by intergovernmental organizations, in accordance with guidance
provided for this purpose by the Conference of the Parties.
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3 The review process shall provide a thorough and comprehensive technical assessment
of all aspects of the implementation by a Party of this Protocol. The expert review
teams shall prepare a report to the Conference of the Parties serving as the meeting
of the Parties to this Protocol, assessing the implementation of the commitments of
the Party and identifying any potential problems in, and factors influencing, the
fulfilment of commitments. Such reports shall be circulated by the secretariat to
all Parties to the Convention. The secretariat shall list those questions of implementation indicated in such reports
for further consideration by the Conference of the Parties serving as the meeting
of the Parties to this Protocol.
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4 The Conference of the Parties serving as the meeting of the Parties to this Protocol
shall adopt at its first session, and review periodically thereafter, guidelines for
the review of implementation of this Protocol by expert review teams taking into account
the relevant decisions of the Conference of the Parties.
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5 The Conference of the Parties serving as the meeting of the Parties to this Protocol
shall, with the assistance of the Subsidiary Body for Implementation and, as appropriate,
the Subsidiary Body for Scientific and Technological Advice, consider:
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a) The information submitted by Parties under Article 7 and the reports of the expert reviews thereon conducted under this Article; and
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b) Those questions of implementation listed by the secretariat under paragraph 3 above,
as well as any questions raised by Parties.
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1 The Conference of the Parties serving as the meeting of the Parties to this Protocol
shall periodically review this Protocol in the light of the best available scientific
information and assessments on climate change and its impacts, as well as relevant
technical, social and economic information. Such reviews shall be coordinated with
pertinent reviews under the Convention, in particular those required by Article 4, paragraph 2 d), and Article 7, paragraph 2 a), of the Convention. Based on these reviews, the Conference of the Parties serving as the meeting of
the Parties to this Protocol shall take appropriate action.
All Parties, taking into account their common but differentiated responsibilities
and their specific national and regional development priorities, objectives and circumstances,
without introducing any new commitments for Parties not included in Annex I, but reaffirming
existing commitments under Article 4, paragraph 1, of the Convention, and continuing to advance the implementation of these commitments in order to achieve
sustainable development, taking into account Article 4, paragraphs 3, 5 and 7, of the Convention, shall:
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a) Formulate, where relevant and to the extent possible, cost-effective national and,
where appropriate, regional programmes to improve the quality of local emission factors,
activity data and/or models which reflect to socio-economic conditions of each Party
for the preparation and periodic updating of national inventories of anthropogenic
emissions by sources and removals by sinks of all greenhouse gases not controlled
by the Montreal Protocol, using comparable methodologies to be agreed upon by the Conference of the Parties,
and consistent with the guidelines for the preparation of national communications
adopted by the Conference of the Parties;
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b) Formulate, implement, publish and regularly update national and, where appropriate,
regional programmes containing measures to mitigate climate change and measures to
facilitate adequate adaptation to climate change:
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(i) Such programmes would, inter alia, concern the energy, transport and industry sectors as well as agriculture, forestry
and waste management. Furthermore, adaptation technologies and methods for improving
spatial planning would improve adaptation to climate change; and
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(ii) Parties included in Annex I shall submit information on action under this Protocol, including national programmes,
in accordance with Article 7; and other Parties shall seek to include in their national communications, as appropriate,
information on programmes which contain measures that the Party believes contribute
to addressing climate change and its adverse impacts, including the abatement of increases
in greenhouse gas emissions, and enhancement of and removals by sinks, capacity building
and adaptation measures;
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c) Cooperate in the promotion of effective modalities for the development, application
and diffusion of, and take all practicable steps to promote, facilitate and finance,
as appropriate, the transfer of, or access to, environmentally sound technologies,
know-how, practices and processes pertinent to climate change, in particular to developing
countries, including the formulation of policies and programmes for the effective
transfer of environmentally sound technologies that are publicly owned or in the public
domain and the creation of an enabling environment for the private sector, to promote
and enhance the transfer of, and access to, environmentally sound technologies;
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d) Cooperate in scientific and technical research and promote the maintenance and the
development of systematic observation systems and development of data archives to
reduce uncertainties related to the climate system, the adverse impacts of climate
change and the economic and social consequences of various response strategies, and
promote the development and strengthening of endogenous capacities and capabilities
to participate in international and intergovernmental efforts, programmes and networks
on research and systematic observation, taking into account Article 5 of the Convention;
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e) Cooperate in and promote at the international level, and, where appropriate, using
existing bodies, the development and implementation of education and training programmes,
including the strengthening of national capacity building, in particular human and
institutional capacities and the exchange or secondment of personnel to train experts
in this field, in particular for developing countries, and facilitate at the national
level public awareness of, and public access to information on, climate change. Suitable
modalities should be developed to implement these activities through the relevant
bodies of the Convention, taking into account Article 6 of the Convention;
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f) Include in their national communications information on programmes and activities
undertaken pursuant to this Article in accordance with relevant decisions of the Conference
of the Parties; and
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g) Give full consideration, in implementing the commitments under this Article, to Article 4, paragraph 8, of the Convention.
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2 In the context of the implementation of Article 4, paragraph 1, of the Convention, in accordance with the provisions of Article 4, paragraph 3, and Article 11 of the Convention, and through the entity or entities entrusted with the operation of the financial
mechanism of the Convention, the developed country Parties and other developed Parties
included in Annex II to the Convention shall:
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a) Provide new and additional financial resources to meet the agreed full costs incurred
by developing country Parties in advancing the implementation of existing commitments
under Article 4, paragraph 1 a), of the Convention that are covered in Article 10, subparagraph a); and
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b) Also provide such financial resources, including for the transfer of technology, needed
by the developing country Parties to meet the agreed full incremental costs of advancing
the implementation of existing commitments under Article 4, paragraph 1, of the Convention that are covered by Article 10 and that are agreed between a developing country Party and the international entity
or entities referred to in Article 11 of the Convention, in accordance with that Article.
The implementation of these existing commitments shall take into account the need
for adequacy and predictability in the flow of funds and the importance of appropriate
burden sharing among developed country Parties. The guidance to the entity or entities
entrusted with the operation of the financial mechanism of the Convention in relevant decisions of the Conference of the Parties, including those agreed before
the adoption of this Protocol, shall apply mutatis mutandis to the provisions of this paragraph.
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3 The developed country Parties and other developed Parties in Annex II to the Convention may also provide, and developing country Parties avail themselves of, financial resources
for the implementation of Article 10, through bilateral, regional and other multilateral channels.
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2 The purpose of the clean development mechanism shall be to assist Parties not included
in Annex I in achieving sustainable development and in contributing to the ultimate objective
of the Convention, and to assist Parties included in Annex I in achieving compliance with their quantified
emission limitation and reduction commitments under Article 3.
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7 The Conference of the Parties serving as the meeting of the Parties to this Protocol
shall, at its first session, elaborate modalities and procedures with the objective
of ensuring transparency, efficiency and accountability through independent auditing
and verification of project activities.
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9 Participation under the clean development mechanism, including in activities mentioned
in paragraph 3 a) above and in the acquisition of certified emission reductions, may
involve private and/or public entities, and is to be subject to whatever guidance
may be provided by the executive board of the clean development mechanism.
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2 Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings
of any session of the Conference of the Parties serving as the meeting of the Parties
to this Protocol. When the Conference of the Parties serves as the meeting of the
Parties to this Protocol, decisions under this Protocol shall be taken only by those
that are Parties to this Protocol.
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3 When the Conference of the Parties serves as the meeting of the Parties to this Protocol,
any member of the Bureau of the Conference of the Parties representing a Party to
the Convention but, at that time, not a Party to this Protocol, shall be replaced by an additional
member to be elected by and from amongst the Parties to this Protocol.
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4 The Conference of the Parties serving as the meeting of the Parties to this Protocol
shall keep under regular review the implementation of this Protocol and shall make,
within its mandate, the decisions necessary to promote its effective implementation.
It shall perform the functions assigned to it by this Protocol and shall:
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a) Assess, on the basis of all information made available to it in accordance with the
provisions of this Protocol, the implementation of this Protocol by the Parties, the
overall effects of the measures taken pursuant to this Protocol, in particular environmental,
economic and social effects as well as their cumulative impacts and the extent to
which progress towards the objective of the Convention is being achieved;
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b) Periodically examine the obligations of the Parties under this Protocol, giving due
consideration to any reviews required by Article 4, paragraph 2 d), and Article 7, paragraph 2, of the Convention, in the light of the objective of the Convention, the experience gained in its implementation and the evolution of scientific and
technological knowledge, and in this respect consider and adopt regular reports on
the implementation of this Protocol;
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c) Promote and facilitate the exchange of information on measures adopted by the Parties
to address climate change and its effects, taking into account the differing circumstances,
responsibilities and capabilities of the Parties and their respective commitments
under this Protocol;
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d) Facilitate, at the request of two or more Parties, the coordination of measures adopted
by them to address climate change and its effects, taking into account the differing
circumstances, responsibilities and capabilities of the Parties and their respective
commitments under this Protocol;
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e) Promote and guide, in accordance with the objective of the Convention and the provisions of this Protocol, and taking fully into account the relevant decisions
by the Conference of the Parties, the development and periodic refinement of comparable
methodologies for the effective implementation of this Protocol, to be agreed on by
the Conference of the Parties serving as the meeting of the Parties to this Protocol;
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f) Make recommendations on any matters necessary for the implementation of this Protocol;
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g) Seek to mobilize additional financial resources in accordance with Article 11, paragraph 2;
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h) Establish such subsidiary bodies as are deemed necessary for the implementation of
this Protocol;
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i) Seek and utilize, where appropriate, the services and cooperation of, and information
provided by, competent international organizations and intergovernmental and non-governmental
bodies; and
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j) Exercise such other functions as may be required for the implementation of this Protocol,
and consider any assignment resulting from a decision by the Conference of the Parties.
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5 The rules of procedure of the Conference of the Parties and financial procedures
applied under the Convention shall be applied mutatis mutandis under this Protocol, except as may be otherwise decided by consensus by the Conference
of the Parties serving as the meeting of the Parties to this Protocol.
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6 The first session of the Conference of the Parties serving as the meeting of the
Parties to this Protocol shall be convened by the secretariat in conjunction with
the first session of the Conference of the Parties that is scheduled after the date
of the entry into force of this Protocol. Subsequent ordinary sessions of the Conference
of the Parties serving as the meeting of the Parties to this Protocol shall be held
every year and in conjunction with ordinary sessions of the Conference of the Parties,
unless otherwise decided by the Conference of the Parties serving as the meeting of
the Parties to this Protocol.
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7 Extraordinary sessions of the Conference of the Parties serving as the meeting of
the Parties to this Protocol shall be held at such other times as may be deemed necessary
by the Conference of the Parties serving as the meeting of the Parties to this Protocol,
or at the written request of any Party, provided that, within six months of the request
being communicated to the Parties by the secretariat, it is supported by at least
one third of the Parties.
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8 The United Nations, its specialized agencies and the International Atomic Energy
Agency, as well as any State member thereof or observers thereto 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 observers. Any body or agency, whether national
or international, governmental or non-governmental, which is qualified in matters
covered by this Protocol and which has informed the secretariat of its wish to be
represented at a session of the Conference of the Parties serving as the meeting of
the Parties to this Protocol as an observer, may be so admitted unless at least one
third of the Parties present object. The admission and participation of observers
shall be subject to the rules of procedure, as referred to in paragraph 5 above.
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1 The Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body
for Implementation established by Articles 9 and 10 of the Convention shall serve as, respectively, the Subsidiary Body for Scientific and Technological
Advice and the Subsidiary Body for Implementation of this Protocol. The provisions
relating to the functioning of these two bodies under the Convention shall apply mutatis mutandis to this Protocol. Sessions of the meetings of the Subsidiary Body for Scientific
and Technological Advice and the Subsidiary Body for Implementation of this Protocol
shall be held in conjunction with the meetings of, respectively, the Subsidiary Body
for Scientific and Technological Advice and the Subsidiary Body for Implementation
of the Convention.
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2 Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings
of any session of the subsidiary bodies. When the subsidiary bodies serve as the subsidiary
bodies of this Protocol, decisions under this Protocol shall be taken only by those
that are Parties to this Protocol.
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3 When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise their functions with regard to matters concerning this Protocol, any member
of the Bureaux of those subsidiary bodies representing a Party to the Convention but, at that time, not a party to this Protocol, shall be replaced by an additional
member to be elected by and from amongst the Parties to this Protocol.
The Conference of the Parties serving as the meeting of the Parties to this Protocol
shall, as soon as practicable, consider the application to this Protocol of, and modify
as appropriate, the multilateral consultative process referred to in Article 13 of the Convention, in the light of any relevant decisions that may be taken by the Conference of the
Parties. Any multilateral consultative process that may be applied to this Protocol
shall operate without prejudice to the procedures and mechanisms established in accordance
with Article 18.
The Conference of the Parties shall define the relevant principles, modalities, rules
and guidelines, in particular for verification, reporting and accountability for emissions
trading. The Parties included in Annex B may participate in emissions trading for the purposes of fulfilling their commitments
under Article 3. Any such trading shall be supplemental to domestic actions for the purpose of meeting
quantified emission limitation and reduction commitments under that Article.
The Conference of the Parties serving as the meeting of the Parties to this Protocol
shall, at its first session, approve appropriate and effective procedures and mechanisms
to determine and to address cases of non-compliance with the provisions of this Protocol,
including through the development of an indicative list of consequences, taking into
account the cause, type, degree and frequency of non-compliance. Any procedures and
mechanisms under this Article entailing binding consequences shall be adopted by means
of an amendment to this Protocol.
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2 Amendments to this Protocol shall be adopted at an ordinary session of the Conference
of the Parties serving as the meeting of the Parties to this Protocol. The text of
any proposed amendment to this Protocol shall be communicated to the Parties by the
secretariat at least six months before the meeting at which it is proposed for adoption.
The secretariat shall also communicate the text of any proposed amendments to the
Parties and signatories to the Convention and, for information, to the Depositary.
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3 The Parties shall make every effort to reach agreement on any proposed amendment
to this Protocol by consensus. If all efforts at consensus have been exhausted, and
no agreement reached, the amendment shall as a last resort be adopted by a three-fourths
majority vote of the Parties present and voting at the meeting. The adopted amendment
shall be communicated by the secretariat to the Depositary, who shall circulate it
to all Parties for their acceptance.
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1 Annexes to this Protocol shall form an integral part thereof and, unless otherwise
expressly provided, a reference to this Protocol constitutes at the same time a reference
to any annexes thereto. Any annexes adopted after the entry into force of this Protocol
shall be restricted to lists, forms and any other material of a descriptive nature
that is of a scientific, technical, procedural or administrative character.
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3 Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted
at an ordinary session of the Conference of the Parties serving as the meeting of
the Parties to this Protocol. The text of any proposed annex or amendment to an annex
shall be communicated to the Parties by the secretariat at least six months before
the meeting at which it is proposed for adoption. The secretariat shall also communicate
the text of any proposed annex or amendment to an annex to the Parties and signatories
to the Convention and, for information, to the Depositary.
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4 The Parties shall make every effort to reach agreement on any proposed annex or amendment
to an annex by consensus. If all efforts at consensus have been exhausted, and no
agreement reached, the annex or amendment to an annex shall as a last resort be adopted
by a three-fourths majority vote of the Parties present and voting at the meeting.
The adopted annex or amendment to an annex shall be communicated by the secretariat
to the Depositary, who shall circulate it to all Parties for their acceptance.
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5 An annex, or amendment to an annex other than Annex A or B, that has been adopted in accordance with paragraphs 3 and 4 above shall enter into
force for all Parties to this Protocol six months after the date of the communication
by the Depositary to such Parties of the adoption of the annex or adoption of the
amendment to the annex, except for those Parties that have notified the Depositary,
in writing, within that period of their non-acceptance of the annex or amendment to
the annex. The annex or amendment to an annex shall enter into force for Parties which
withdraw their notification of non-acceptance on the ninetieth day after the date
on which withdrawal of such notification has been received by the Depositary.
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2 Regional economic integration organizations, in matters within their competence,
shall exercise their right to vote with a number of votes equal to the number of their
member States that are Parties to this Protocol. Such an organization shall not exercise
its right to vote if any of its member States exercises its right, and vice versa.
The Secretary-General of the United Nations shall be the Depositary of this Protocol.
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1 This Protocol shall be open for signature and subject to ratification, acceptance
or approval by States and regional economic integration organizations which are Parties
to the Convention. It shall be open for signature at United Nations Headquarters in New York from 16
March 1998 to 15 March 1999. This Protocol shall be open for accession from the day
after the date on which it is closed for signature. Instruments of ratification, acceptance,
approval or accession shall be deposited with the Depositary.
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2 Any regional economic integration organization which becomes a Party to this Protocol
without any of its member States being a Party shall be bound by all the obligations
under this Protocol. In the case of such organizations, one or more of whose member
States is a Party to this Protocol, the organization and its member States shall decide
on their respective responsibilities for the performance of their obligations under
this Protocol. In such cases, the organization and the member States shall not be
entitled to exercise rights under this Protocol concurrently.
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3 In their instruments of ratification, acceptance, approval or accession, regional
economic integration organizations shall declare the extent of their competence with
respect to the matters governed by this Protocol. These organizations shall also inform
the Depositary, who shall in turn inform the Parties, of any substantial modification
in the extent of their competence.
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1 This Protocol shall enter into force on the ninetieth day after the date on which
not less than 55 Parties to the Convention, incorporating Parties included in Annex I which accounted in total for at least 55 per cent of the total carbon dioxide emissions
for 1990 of the Parties included in Annex I, have deposited their instruments of ratification, acceptance, approval or accession.
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2 For the purposes of this Article, “the total carbon dioxide emissions for 1990 of
the Parties included in Annex I" means the amount communicated on or before the date of adoption of this Protocol
by the Parties included in Annex I in their first national communications submitted in accordance with Article 12 of the Convention.
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3 For each State or regional economic integration organization that ratifies, accepts
or approves this Protocol or accedes thereto after the conditions set out in paragraph
1 above for entry into force have been fulfilled, this Protocol shall enter into force
on the ninetieth day following the date of deposit of its instrument of ratification,
acceptance, approval or accession.
No reservations may be made to this Protocol.
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited with the Secretary-General
of the United Nations.
