National Climate Change Act, 2021

The publication date of this work could not be ascertained. We used the date 31 December 2021 because the work was published during the course of the year 2021.

Jurisdiction: Uganda
Date: 31 December 2021
Language: English
Type: Legislation
Download: Download PDF (7.4 MB)

Uganda

National Climate Change Act, 2021

Published on 31 December 2021
Assented to on 14 August 2021
Commenced
[This is the version of this document from 31 December 2021.]
[The publication date of this work could not be ascertained. We used the date 31 December 2021 because the work was published during the course of the year 2021.]

An Act to give the force of law in Uganda to the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement; to provide for climate change response measures; to provide for participation in climate change mechanisms; to provide for measuring of emissions, reporting and verification of information; to provide for institutional arrangements for coordinating and implementing climate change response measures; to provide for financing for climate change; and for related matters.BE IT ENACTED by Parliament as follows:

Part I – Preliminary

1. Commencement

This Act shall come into force on a date to be appointed by the Minister by statutory instrument.

2. Interpretation

In this Act, unless the context otherwise requires—“adaptation” means adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities;“adverse effects of climate change” means changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of natural and managed ecosystems or on the operation of socioeconomic systems or on human health and welfare;“Agreement” means the Paris Agreement, 2015 set out in Schedule 4 to this Act;“authorised officer” means an officer of the Department or any other person acting under the authority of or delegated to act in a particular way by the Commissioner;“baseline year” means a year specified by the Minister in consultation with the Policy Committee on the Environment to be the baseline year for purposes of this Act;“climate change” means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is, in addition to natural climate variability, observed over comparable time periods;“climate change mechanism” means a mechanism to contribute to the mitigation of greenhouse gas emissions and support sustainable development and includes cooperative and non-market approaches as defined under article 6 of the Agreement;“climate variability” means variations in the average state and in other statistics of the climate beyond that of individual weather events;“Commissioner” means the commissioner responsible for the Department;“Committee” means the Policy Committee on the Environment established under section 6 of the National Environment Act, 2019;“Convention” means the United Nations Framework Convention on Climate Change set out in Schedule 2 to this Act;“currency point” has the value assigned to it in Schedule 1 to this Act;“Department” means the Department responsible for climate change in the Ministry;“district” includes Kampala Capital City and other cities;“emissions” means the release of greenhouse gases or their precursors into the atmosphere over a specified area and period of time where the emissions are attributable to human activity;“greenhouse gas” means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation;“lead agency” means a ministry, department, local government or agency of Government which is responsible for undertaking response measures for climate change in accordance with this Act and the National Climate Change Policy;“loss and damage” means the negative effects of climate variability and climate change that people have not been able to cope with or adapt to;“Minister” means the Minister responsible for climate change matters;“Ministry” means the Ministry responsible for climate change;“mitigation” means efforts that seek to prevent or reduce the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases;“national reference level” means the reference level for emissions in the base line year prescribed under section 11;“private entity” includes a body registered under the Companies Act, 2012 or the Non-Governmental Organisations Act, 2016;“project proponent” means an individual, a lead agency, or private entity that applies to the Minister for approval to participate in a climate change mechanism referred to in section 9 of this Act;“Protocol” means the Kyoto Protocol to the United Nations Framework Convention on Climate Change specified in Schedule 3 to this Act;“resilience” means the ability of a system and its component parts to absorb, accommodate, or recover from adverse effects of climate change in a timely and efficient manner through ensuring the preservation, restoration or improvement of the essential basic structures and functions of that system;“response measures” means policies, programmes and actions that Uganda undertakes, unilaterally or bilaterally, to reduce its greenhouse gas emissions as a commitment under the Convention, its Protocol and the Agreement;“Secretariat” means the Secretariat established under article 8 of the Convention;“sink” means any process, activity or mechanism which removes a greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere;“targeted greenhouse gases” means carbondioxide (CO₂); methane (CH₄); nitrous oxide (N₂O); hydrofluorocarbons (HFCs); perfluorocarbons (PFC_s); sulphur hexafluoride (SF₆); Nitrogen Trifluoride (NF₃) or any other greenhouse gas declared by the Minister in consultation with the Department, to be a targeted greenhouse gas;“verification” means the process of establishing the accuracy and validity of reports on vulnerabilities and adaptation to the adverse effects of climate change, climate change financing flows and expenditures, and emissions and removals of targeted greenhouse gases;"Verifier" means a person who is registered to undertake verification;“vulnerability” means the propensity or predisposition to be adversely affected by climate change.

3. Purpose of Act

The purpose of this Act is to—

(a)give the Convention, its Protocol and the Agreement the force of law in Uganda;

(b)provide a regulatory framework for monitoring, reporting and verifying the impact of climate change and the implementation of programmes on climate change;

(c)enhance the ability to adapt to the adverse impacts of climate change, build climate resilience and develop a mechanism for enhancing low greenhouse gas emissions;

(d)provide for the institutional framework to coordinate, supervise, regulate and manage all activities related to climate change; and

(e)provide for climate change financing.

4. Convention, its Protocol and the Agreement to have force of law in Uganda

(1)The Convention, its Protocol and the Agreement set out in Schedules 2, 3 and 4 of this Act, respectively shall have the force of law in Uganda.

(2)The provisions of the Convention, its Protocol and the Agreement that apply to developed countries are not applicable to Uganda.

Part II – Climate change response measures

5. Framework Strategy on Climate Change

(1)The Department shall, within one year after the commencement of this Act, develop a Framework Strategy on Climate Change for Uganda.

(2)The Framework Strategy on Climate Change shall guide Government in planning and budgeting for financing and monitoring of climate change programs and activities.

(3)The Department shall, in developing the Framework Strategy on Climate Change take into account—

(a)the available scientific and indigenous knowledge on climate change;

(b)the specific resilience and adaptation needs of the vulnerable and marginalised communities;

(c)gender and human rights issues;

(d)the need to ensure food security;

(e)the need to promote sustainable development in Uganda;

(f)the loss and damage occasioned by climate change on ecosystems, communities and humankind;

(g)the status and trends of the human population in Uganda;

(h)the requirements of the National Development Plan relating to climate change;

(i)the expected outcomes of the implementation of climate change responses and measures; and

(j)the obligation of Uganda under the Convention, its Protocol and the Agreement.

(4)The Framework Strategy on Climate Change shall—

(a)specify the impacts, risks and risk trends of climate change and the assessment of the impacts, risks and risk trends;

(b)specify the mitigation and adaptation priorities to be applied;

(c)specify the measures to be adopted to strengthen resilience and to reduce vulnerability to climate change;

(d)specify the mechanism for achieving climate-resilient development and low greenhouse gas emissions, and its financing;

(e)identify the most vulnerable areas, including the ecosystems and communities without resilience to the impacts of climate change and their variability and extremes;

(f)identify the differential impacts of climate change on gender and the vulnerable and marginalised communities;

(g)indicate the research and development programmes to be undertaken for enabling the response to climate change;

(h)provide for the education, public awareness and training in climate change matters, all agencies of Government, and the public;

(i)provide for the dissemination of information on climate change; and

(j)specify the plans, policies, programmes and actions of Government for responding to climate change.

(5)The Framework Strategy on Climate Change shall be reviewed every five years or earlier as may be deemed necessary.

6. National Climate Change Action Plan

(1)The Department shall, within one year after the commencement of this Act and in accordance with the Framework Strategy on Climate Change, develop a National Climate Change Action Plan.

(2)The Climate Change Action Plan shall indicate—

(a)the actions to be undertaken to assess and manage the impacts, risks, risk trends and vulnerability to climate change;

(b)the responses, measures and actions to be undertaken for achieving adaptation to and mitigation of climate change;

(c)the measures and actions to be undertaken to conserve and enhance sinks and reservoirs of greenhouse gases;

(d)the specific resilience, mitigation and adaptation measures, responses and actions to be adopted for ecosystems, gender matters, the vulnerable and marginalised communities and for the variability and extremes of climate change; and

(e)the actions for building resilience to climate change.

(3)The National Climate Change Action Plan shall be reviewed every five years or earlier as may be deemed necessary.

7. Lead Agency Climate Change Action Plan

(1)A lead agency shall, in conformity with the National Climate Change Action Plan and Framework Strategy on Climate Change, prepare a Lead Agency Climate Change Action Plan.

(2)The Lead Agency Climate Change Action Plan shall indicate—

(a)an assessment and management of risk and vulnerability;

(b)an identification of greenhouse gas mitigation potentials; and

(c)options and prioritisation of appropriate adaptation measures for joint projects of national and local governments.

(3)The Lead Agency Climate Change Action Plan referred to in sub section (1) shall be reviewed every five years or earlier as may be deemed necessary.

8. District Climate Change Action Plan

(1)Each district in Uganda shall develop a District Climate Change Action Plan, within one year after the development of the National Climate Change Action Plan.

(2)A district climate change action plan shall—

(a)include an assessment of the current and predicted impact of climate change on the area under the jurisdiction of the district;

(b)include an assessment of the vulnerability impact and the risk of climate change on the areas under the jurisdiction of the district;

(c)include a statement of the strategies, policies and actions for adaptation to and mitigation of climate change;

(d)identify the actions to be undertaken by the district to build resilience to climate change; and

(e)indicate the strategy to be adopted to undertake capacity building for the staff of the district and other stakeholders engaged in climate change related activities.

(3)A District Climate Change Action Plan shall apply to the whole district or to any part of a district and a district may develop different action plans to apply to different parts of the district.

(4)The District Climate Change Action Plan referred to in subsection (1) shall be consistent with the Framework Strategy on Climate Change referred to in section 5 and the National Climate Change Action Plan referred to in section 6.

(5)The District Climate Change Action Plan shall be reviewed every five years or earlier as may be deemed necessary.

(6)A district shall furnish the Department with a copy of its District Climate Change Action Plan and all subsequent amendments, modifications and revisions, within one month after their adoption.

Part III – Climate change mechanisms

9. Participation in climate change mechanisms

(1)The climate change mechanisms are—

(a)compliance emissions trading mechanisms;

(b)voluntary emissions trading mechanisms;

(c)non-market approaches referred to in article 6 of the Agreement;

(d)cooperative approaches referred to in article 6 of the Agreement; and

(e)any other climate change mechanism as may be prescribed by regulations.

(2)A project proponent may, with the approval of the Minister, benefit from or participate in a climate change mechanism.

(3)The Department shall, as may be prescribed by regulations made under this Act, monitor the participation of a project proponent in a climate change mechanism for conformity to the conditions of approval or any requirement of this Act and submit a report to the Minister.

(4)The Minister may, by statutory instrument, make regulations prescribing—

(a)the procedure for approval for participation in a climate change mechanism;

(b)the form of the register for approvals granted to project proponents; and

(c)the ownership of emissions reduction units and certified emission reductions as benefits arising from participating in a climate change mechanism.

Part IV – Measuring of emissions, reporting and verification of information

10. Measurement of emissions

(1)For purposes of the national inventory referred to in section 13(1), the targeted greenhouse gas emissions, the reductions of those targeted greenhouse gas emissions and the removal of the targeted greenhouse gases from the atmosphere shall be measured or calculated in tonnes of carbondioxide equivalent.

(2)The amount of greenhouse gas emissions and the removal of greenhouse gases for a period shall be determined every two years in accordance with the internationally acceptable reporting practice under the Convention, its Protocol and the Agreement.

(3)The net emissions for the period, in relation to the targeted greenhouse gas, means the amount of emissions of that gas for the period, reduced by the amount of removals of that gas for that period.

(4)The measurements of the national reference level, the targets, emissions, removals and net emissions shall indicate the different measurements of each lead agency in the national inventory referred to in section 13(1).

(5)A lead agency shall develop a baseline of carbondioxide and other targeted greenhouse gas emissions.

(6)The Minister shall, by regulations, prescribe the standard format, requirements and methodologies for measurement of emissions and removals of the targeted greenhouse gases.

11. National reference level

(1)The Minister shall, in consultation with the Committee, prescribe the national base year, reference level and targets for the reduction of greenhouse gas emissions for each year, including targets for each lead agency.

(2)The Minister may revise the national reference level from time to time as the Minister may deem necessary.

(3)The Minister shall cause to be published the national reference level in the Gazette.

12. National reporting

(1)For purposes of complying with article 13 of the Convention, article 8 of the Protocol and article 14 of the Agreement, the Commissioner shall cause to be prepared and delivered to the Committee for its review annually, the national communication report and such other reports as may be required to be submitted to the Secretariat, from time to time.

(2)The Committee shall review the national communication report and such other reports and if satisfied with the reports, recommend to the Minister to sign and cause the reports to be forwarded to the Secretariat in the discharge of the national obligations under the Convention, its Protocol and the Agreement.

(3)The Minister shall, annually, lay before Parliament all the reports referred to in this section.

13. Verification of data and information

(1)All information and reports submitted to the Department by lead agencies, individuals and private entities in accordance with this Act and the national inventory of emissions of carbondioxide and other greenhouse gases into the atmosphere or of the removals of carbondioxide and other greenhouse gases from the atmosphere in Uganda shall be verified by registered verifiers.

(2)A person who intends to conduct verification shall apply to the Commissioner to be registered as a verifier.

(3)The information referred to in subsection (1) includes—

(a)information on mitigation, vulnerabilities and adaptation to the impacts of climate change;

(b)information on climate change financing flows and expenditures; and

(c)information on emissions and removals of targeted greenhouse gases.

(4)A person who—

(a)not being registered as a verifier, makes a verification or any oral or written statement that appears to comprise a verification or rejection of information, a report or national inventory referred to in this section; or

(b)gives a misleading or wrong oral or written statement comprising of a verification or rejection of information or a report;

commits an offence and is liable on conviction, to a fine not exceeding forty eight currency points or to a term of imprisonment not exceeding two years, or both.

(5)The Minister may, by regulations, prescribe the requirements, the procedure for registration and the fees payable for registration by a verifier.

Part V – Institutional arrangements

14. Department responsible for climate change

(1)The Department shall—

(a)ensure that Uganda meets her obligations and realises her benefits under the Convention, its Protocol and the Agreement; and

(b)coordinate, monitor and evaluate Government programmes and actions of Government on climate change.

(2)In the performance of its functions under subsection (1), the Department shall—

(a)assess adaptation and mitigation actions of lead agencies, individuals and private entities to identify potential synergies and develop co*benefits to guide national prioritisation of climate change actions;

(b)promote the development, application and diffusion, including transfer of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases in all relevant sectors;

(c)serve as the national knowledge and information management centre for collating, verifying, refining, and disseminating knowledge and information on climate change;

(d)promote multi stakeholder participation and public participation in developing adequate responses to climate change and its adverse effects;

(e)provide districts with technical assistance and information in support of District Climate Change Action Plans;

(f)in collaboration with lead agencies, individuals and private entities, develop a mechanism to—

(i)enhance low greenhouse gas emission and green growth development and coordinate related measurement of, reporting on, and verification of emissions;

(ii)build resilience to climate change and enhance adaptive capacity;

(iii)optimise the opportunities of Uganda to mobilise climate change finance;

(iv)assess climate risk in relation to the human systems and identify appropriate options for mitigation and adaptation to climate change; and

(v)enhance educational and public awareness, communication and outreach programmes on climate change and its adverse effects.

(g)implement the policies and decisions of the Committee;

(h)establish and maintain a relationship with national, regional and international organisations, institutions and agencies as may be appropriate for the implementation of this Act and the National Climate Change Policy;

(i)prepare, communicate and maintain successive nationally determined contributions that Uganda intends to achieve as required by article 4 of the Agreement; and a national inventory of anthropogenic emissions by sources and removals by sinks of all greenhouse gases; and

(j)perform any other activity necessary to facilitate the discharge of its function.

15. Policy Committee on Environment

The Policy Committee on Environment established under the National Environment Act, 2019 shall, for the purposes of this Act—

(a)advise the Department and lead agencies on the implementation of this Act and the National Climate Change Policy;

(b)make policies and decisions for implementation by the Department as provided for under section 14(2)(g);

(c)receive and review the biennial report on climate change prepared by the Department and, where necessary, make recommendations to the Department; and

(d)review the reports referred to in section 12 for purposes of compliance with international obligations.

16. National Climate Change Advisory Committee

(1)The Minister shall constitute a National Climate Change Advisory Committee comprised of technical experts from the fields of—

(a)energy and minerals, environment and natural resources, works and transport, science and technology, agriculture or any other relevant field as may be determined by the Minister; and

(b)four other persons from the National Planning Authority, academia, private sector and civil society.

(2)At least one third of the members constituting the National Climate Change Advisory Committee shall be women.

(3)The National Climate Change Advisory Committee shall provide independent technical advice to the Committee and the Minister on climate change science, technologies, interventional programs on climate change and best practices for risk assessment, enhancement of the adaptive capacity to potential impacts of climate change and establishment and achievement of the set targets.

(4)In execution of its mandate, the National Climate Change Advisory Committee shall—

(a)advise on assessments of climate change impacts at the sectoral level for given priorities identified in the climate change programs;

(b)advise on the identification of priorities and strategies for adaptation and mitigation programs;

(c)advise on the technical implementation of climate change programs and initiatives;

(d)analyse climate change impacts and implications on the environment, agriculture, land use, fisheries and other sectors;

(e)advise on appropriate policies, laws and measures for effective implementation of adaptation and mitigation; and

(f)advise on new developments and technologies and anticipate emerging developments and trends in climate change research.

(5)The Department shall be the administrative office of the National Climate Change Advisory Committee.

(6)The Minister shall designate the chairperson of the National Climate Change Advisory Committee.

(7)The National Climate Change Advisory Committee shall meet at least four times a year.

17. Lead agencies

(1)There shall be, for the purposes of this Act, lead agencies which shall establish mitigation, adaptation and compatibility standards, measures and performance levels for responding to the climate change matters which relate to the mandate of the respective lead agencies.

(2)A lead agency shall, in relation to its mandate, establish measures to—

(a)reduce the vulnerability of the fragile ecosystems, communities and concerned persons to the adverse effects of climate change;

(b)build economic and social resilience to climate change for the fragile ecosystems, communities and concerned persons by—

(i)undertaking vulnerability and impact assessments including baselines of vulnerability and risk, adaptive capacity, technology needs, gender and human rights, to inform decision making on adaptation;

(ii)promoting diversification to reduce over dependence on resources that are sensitive to climate;

(iii)establishing alternative livelihoods systems amongst the most vulnerable communities;

(iv)enhancing adaptive capacities of communities and fragile ecosystems; and

(v)establishing social protection tools for disaster risk reduction and climate change adaptation.

(c)enhance development and dissemination of technology for climate change adaptation; and

(d)allocate financial resources for climate change resilient investments.

(3)A lead agency shall designate a unit to coordinate the mainstreaming of the climate change action plans and other climate change statutory functions.

(4)The unit designated by a lead agency shall be adequately resourced.

(5)For the purposes of establishing measures, standards and performance levels, a lead agency shall conduct public consultations using the procedure prescribed by regulations made by the Minister under this Act.

(6)In the performance of its functions, a lead agency shall have the power to request for data or any other information from a private entity or an individual that carries on an activity regulated by that lead agency.

(7)A person who contravenes or fails to comply with or causes or allows any person to contravene or to fail to comply with this section commits an offence and is liable, on conviction, to a fine not exceeding five thousand currency points or to a term of imprisonment not exceeding five years, or both.

(8)Where an offence referred to in subsection (7) is committed by a private entity, a director, secretary or any other person in a position of control in that private entity shall be deemed to have committed the offence together with the private entity.

18. District department responsible for climate change

(1)The Natural Resources Department of a district is designated as the department responsible for climate change matters in the district.

(2)For purposes of this Act, the Natural Resources Department shall be responsible for the implementation of the District Climate Change Action Plan and, in particular shall—

(a)liaise with the Department and, where applicable, with the District Environment and Natural Resources Committee and the lower local governments climate change committees on all matters relating to climate change;

(b)promote awareness and literacy on climate change;

(c)provide technical assistance to the District Environment and Natural Resources Committee and the lower local governments climate change committees, where applicable, in the performance of their functions as provided for in this Act;

(d)keep a record of information on climate change and serve as the secretariat to the District Environment and Natural Resources Committee and the lower local government climate change committees, where applicable;

(e)participate in the development of ordinances and bye-laws relating to climate change in the district;

(f)monitor compliance with this Act and report to the Department;

(g)coordinate with the Department, through the Ministry responsible for local governments, on the issues relating to climate change in the district;

(h)prepare and submit an annual report on the implementation of the District Climate Change Action Plan to the District Environment and Natural Resources Committee for review; and

(i)do any other thing incidental to the performance of the functions in this section.

19. District Committee responsible for climate change

(1)The District Environment and Natural Resources Committee established under section 27 of the National Environment Act, 2019 is designated as the Committee responsible for climate change matters in the district.

(2)For the purposes of this Act, the District Environment and Natural Resources Committee is responsible for—

(a)integrating climate change matters within the development plans, projects and budgets of the district for approval by the district council;

(b)coordinating the activities relating to climate change that are common to more than one sector within the district;

(c)providing assistance in the development and formulation of ordinances and byelaws relating to climate change in the district;

(d)disseminating information on climate change through education and outreach programmes;

(e)coordinating with the District Natural Resources Department on all issues relating to climate change within the district;

(f)coordinating the activities of lower local government environment committees on matters of climate change; and

(g)monitoring and evaluating the implementation of climate change activities within the district.

20. Lower local government committees responsible for climate change

(1)A local government shall, on the advice of the District Environment and Natural Resources Committee, appoint lower local government climate change committees responsible for climate change in their local jurisdictions.

(2)For the purposes of this Act, the lower local governments climate change committees shall be responsible for—

(a)the implementation of the District Climate Change Action Plan at the municipal, town, division, county, sub-county, parish and village levels, as the case may be;

(b)preparing work plans for climate change adaptation and mitigation activities within their local jurisdictions for purposes of implementing the District Climate Change Action Plan;

(c)conducting education and awareness campaigns on climate change within their local jurisdiction;

(d)mobilising the people within their local jurisdiction to implement climate change adaptation and mitigation measures and actions;

(e)monitoring and evaluating of climate change risks, adaptation and mitigation activities within their local jurisdiction;

(f)reporting any events or activities which negatively affect or are likely to negatively affect the implementation of climate change adaptation and mitigation actions and measures; and

(g)carrying out such other duties as may be prescribed by the district council or urban council in consultation with the District Natural Resources Department.

Part VI – Financing

21. Financing for climate change

(1)The Minister responsible for finance shall, in consultation with the Minister, provide for climate change financing, taking into account—

(a)viable climate change financing mechanisms at the national level; and

(b)international climate change financing mechanisms referred to in article 9 of the Agreement.

(2)The financing shall be for purposes of—

(a)research, data collection on climate change and systematic observation of climate change, taking into account the need to minimize duplication of effort;

(b)financing projects for implementation of climate change actions and measures, including specific technologies, materials, equipment, techniques or practices necessary to implement such projects; and

(c)providing grants, loans and incentives to individuals, private entities and local governments for climate change research and innovation in industry, technology, science, academia and policy formulation.

(3)The Minister, in consultation with the Minister responsible for finance shall, by statutory instrument, make regulations setting out procedures for accessing the financing referred to in this section.

22. Incentives for climate change actions

(1)The Minister, in consultation with the Minister responsible for finance, may provide incentives to persons engaged in implementing response measures for adaptation and mitigation.

(2)The Minister shall, for the purposes of subsection (1), make regulations prescribing the nature of incentives, the conditions for the grant or withdrawal of incentives and such other matters related to incentives, as may be necessary for the exercise of the power conferred under subsection (1).

Part VII – Miscellaneous

23. Duties of private entities and individuals

The Minister shall make regulations prescribing—

(a)climate change obligations on private entities, and individuals;

(b)activities for which private entities, and individuals shall be required to prepare mitigation and adaptation plans;

(c)the nature and procedure for reporting on the performance of private entities and individuals with regard to the obligations imposed by the Minister under this section; and

(d)mechanisms for monitoring and evaluating compliance with the Act.

24. Confidentiality

(1)An authorised officer shall not disclose to any individual or private entity any information acquired by the authorised officer in the course of official duties relating to the financial affairs, plant or equipment of an individual or private entity.

(2)The information or data submitted to the Department or lead agency shall not be used for any purpose other than for the preparation of—

(a)biennial report referred to in section 27;

(b)communication required under article 13 of the Convention; and

(c)national communications, biennial reports and biennial update reports required under article 13 of the Agreement.

(3)A person who contravenes subsection (1) or (2) commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to a term of imprisonment not exceeding four years, or both.

(4)Subsection (1) does not apply to a disclosure made by an authorised officer where the disclosure—

(a)is done in the course of carrying out his or her official duties;

(b)is authorised by the person to whom the duty of confidentiality is owed;

(c)is authorised by law; or

(d)is required by a court or other lawfully constituted authority.

25. Indemnity from personal liability

(1)The Minister, the Commissioner or an authorised officer shall not be personally liable in respect of any act done in good faith in the exercise of the powers or in the performance of the functions under this Act.

(2)Subsection (1) shall not relieve the Government of the liability to pay compensation or damages to any person for any injury, loss of property or interests caused by the exercise of any power conferred by this Act or by the failure or omission, wholly or partially of the Minister, the Commissioner or an authorised officer to act.

26. Litigation on climate change

(1)A person may apply to the High Court for relief against the Government, an individual or a private entity whose action or omission threatens or is likely to threaten efforts towards adaptation to or mitigation of climate change.

(2)The High Court may, in addition to any other orders it may deem appropriate, make orders to—

(a)prevent, stop or discontinue the act or omission that is the subject of the application;

(b)compel the Department, lead agency or any person to take measures to reverse the act or perform the act that was omitted; or

(c)provide compensation to a person that has suffered loss or damage as a result of the act or omission.

(3)A person may apply to the High Court under subsection (1) notwithstanding that that person cannot prove that the act or omission of the Department, lead agency, individual or private entity has caused or is likely to cause personal harm or injury to that person or any other person.

27. Biennial report

(1)The Department shall submit a biennial report on climate change to the Minister who shall submit it to Cabinet for consideration and approval by 30^th September of the year immediately following the year in which the report is due.

(2)The Cabinet may, after consideration of the biennial report on climate change, direct the Minister to require any person or lead agency that has not complied with any directive of the Department to comply with the directive.

(3)The Minister shall, upon approval of the biennial report on climate change by Cabinet, lay it before Parliament.

(4)Parliament shall, within three months after receiving the biennial report on climate change, make recommendations to the Minister.

(5)The report shall be disseminated to the public.

(6)A person who fails to comply with the Minister's directive in subsection (2) commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or a term of imprisonment not exceeding one year, or both.

28. Reporting by lead agencies

(1)A lead agency shall, every year, submit to the Department, a report on the status of implementation of the standards, measures and performance levels for responding to climate change as established by the respective lead agencies.

(2)Where the report of a lead agency discloses unsatisfactory performance, the Department shall, within forty five days of receipt, undertake investigations and report its findings to the Minister.

29. Integration of climate change into the curriculum

The Ministry responsible for education shall ensure that climate change education and research are integrated into the national curriculum.

30. Amendment of the Public Finance Management Act, 2015

The Public Finance Management Act, 2015 is amended in section 9 by—

(a)inserting in subsection (1), immediately after the word “development” the words “climate change,”; and

(b)inserting immediately after subsection (6) the following—“

(6a)The Minister shall, in consultation with the Chairperson of the National Planning Authority, issue a certificate certifying that the Budget Framework Paper is climate change responsive and contains adequate allocation for funding climate change measures and actions.

(6b)The Minister and the Chairperson of the National Planning Authority shall evaluate all votes of the Budget Framework Paper before issuing the certificate referred to in subsection (6a).”

31. Regulations

(1)The Minister may, by statutory instrument, make regulations for the better carrying into effect of the provisions of this Act.

(2)Without prejudice to the general effect of subsection (1), the Minister may make regulations for—

(a)the procedure and criteria for participation in climate change mechanisms;

(b)levies or fees to be paid by any project proponent;

(c)the procedures and modalities for measurement of emissions and removals of greenhouse gases for the national inventory;

(d)information to be included in the biennial report;

(e)prescribing forms; and

(f)reporting by lead agencies on the implementation of standards, measures and performance levels for responding to climate change.

(3)Regulations made under this section may prescribe, in respect of a contravention of the regulations—

(a)a penalty not exceeding five hundred currency points or imprisonment not exceeding two years, or both;

(b)in the case of a continuing contravention, an additional penalty not exceeding ten currency points in respect of each day or part of a day on which the offence continues; or

(c)that the court may require the forfeiture of anything used in the commission of the offence.

Schedule 1 (Section 2)

Currency Point

A currency point is equivalent to twenty thousand shillings.

Schedule 2 (Section 4)

United Nations Framework Convention on Climate Change, 1992

The Parties to this Convention.Acknowledging that change in the Earth’s climate and its adverse effects are a common concern of humankind,Concerned that human activities have been substantially increasing the atmospheric concentrations of greenhouse gases, that these increases enhance the natural greenhouse effect, and that this will result on average in an additional warming of the Earth’s surface and atmosphere and may adversely affect natural ecosystems and humankind,Noting that the largest share of historical and current global emissions of greenhouse gases has originated in developed countries, that per capita emissions in developing countries are still relatively low and that the share of global emissions originating in developing countries will grow to meet their social and development needs,Aware of the role and importance in terrestrial and marine ecosystems of sinks and reservoirs of greenhouse gases,Noting that there are many uncertainties in predictions of climate change, particularly with regard to the timing, magnitude and regional patterns thereof,Acknowledging that the global nature of climate change calls for the widest possible cooperation by all countries and their participation in an effective and appropriate international response, in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions,Recalling the pertinent provisions of the Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June 1972,Recalling also that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction,Reaffirming the principle of sovereignty of States in international cooperation to address climate change,Recognizing that States should enact effective environmental legislation, that environmental standards, management objectives and priorities should reflect the environmental and developmental context to which they apply, and that standards applied by some countries may be inappropriate and of unwarranted economic and social cost to other countries, in particular developing countries,Recalling the provisions of General Assembly resolution 44/228 of 22 December 1989 on the United Nations Conference on Environment and Development, and resolutions 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 protection of global climate for present and future generations of mankind,Recalling also the provisions of General Assembly resolution 44/206 of 22 December 1989 on the possible adverse effects of sea-level rise on islands and coastal areas, particularly low-lying coastal areas and the pertinent provisions of General Assembly resolution 44/172 of 19 December 1989 on the implementation of the Plan of Action to Combat Desertification,Recalling further the Vienna Convention for the Protection of the Ozone Layer, 1985, and the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, as adjusted and amended on 29 June 1990,Noting the Ministerial Declaration of the Second World Climate Conference adopted on 7 November 1990,Conscious of the valuable analytical work being conducted by many States on climate change and of the important contributions of the WorldMeteorological Organization, the United Nations Environment Programme and other organs, organizations and bodies of the United Nations system, as well as other international and intergovernmental bodies, to the exchange of results of scientific research and the coordination of research,Recognizing that steps required to understand and address climate change will be environmentally, socially and economically most effective if they are based on relevant scientific, technical and economic considerations and continually re-evaluated in the light of new findings in these areas,Recognizing that various actions to address climate change can be justified economically in their own right and can also help in solving other environmental problems,Recognizing also the need for developed countries to take immediate action in a flexible manner on the basis of clear priorities, as a first step towards comprehensive response strategies at the global, national and, where agreed, regional levels that take into account all greenhouse gases, with due consideration of their relative contributions to the enhancement of the greenhouse effect,Recognizing further that low-lying and other small island countries, countries with low-lying coastal, arid and semi-arid areas or areas liable to floods, drought and desertification, and developing countries with fragile mountainous ecosystems are particularly vulnerable to the adverse effects of climate change,Recognizing the special difficulties of those countries, especially developing countries, whose economies are particularly dependent on fossil fuel production, use and exportation, as a consequence of action taken on limiting greenhouse gas emissions,Affirming that responses to climate change should be coordinated with social and economic development in an integrated manner with a view to avoiding adverse impacts on the latter, taking into full account the legitimate priority needs of developing countries for the achievement of sustained economic growth and the eradication of poverty,Recognizing that all countries, especially developing countries, need access to resources required to achieve sustainable social and economic development and that, in order for developing countries to progress towards that goal, their energy consumption will need to grow taking into account the possibilities for achieving greater energy efficiency and for controlling greenhouse gas emissions in general, including through the application of new technologies on terms which make such an application economically and socially beneficial,Determined to protect the climate system for present and future generations,Have agreed as follows:

Article 1 – Definitions *

For the purposes of this Convention:

1.“Adverse effects of climate change” means changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of natural and managed ecosystems or on the operation of socio-economic systems or on human health and welfare.

2.“Climate change” means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods.

3.“Climate system” means the totality of the atmosphere, hydrosphere, biosphere and geosphere and their interactions.

4.“Emissions” means the release of greenhouse gases and/or their precursors into the atmosphere over a specified area and period of time.

5.“Greenhouse gases” means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation.

6.“Regional economic integration organization” means an organization constituted by sovereign States of a given region which has competence in respect of matters governed by this Convention or its protocols and has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to the instruments concerned.

7.“Reservoir” means a component or components of the climate system where a greenhouse gas or a precursor of a greenhouse gas is stored.

8.“Sink” means any process, activity or mechanism which removes a greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere.

9.“Source” means any process or activity which releases a greenhouse gas, an aerosol or a precursor of a greenhouse gas into the atmosphere.

Article 2 – Objective

The ultimate objective of this Convention and any related legal instruments that the Conference of the Parties may adopt is to achieve, in accordance with the relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.Such a level should be achieved within a time-frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner.

Article 3 – Principles

In their actions to achieve the objective of the Convention and to implement its provisions, the Parties shall be guided, inter alia, by the following:

1.The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities.Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof.

2.The specific needs and special circumstances of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change, and of those Parties, especially developing country Parties, that would have to bear a disproportionate or abnormal burden under the Convention, should be given full consideration.

3.The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost. To achieve this, such policies and measures should take into account different socio-economic contexts, be comprehensive, cover all relevant sources, sinks and reservoirs of greenhouse gases and adaptation, and comprise all economic sectors. Efforts to address climate change may be carried out cooperatively by interested Parties.

4.The Parties have a right to, and should, promote sustainable development Policies and measures to protect the climate system against human-induced change should be appropriate for the specific conditions of each Party and should be integrated with national development programmes, taking into account that economic development is essential for adopting measures to address climate change.

5.The Parties should cooperate to promote a supportive and open international economic system that would lead to sustainable economic growth and development in all Parties, particularly developing country Parties, thus enabling them better to address the problems of climate change. Measures taken to combat climate change, including unilateral ones, should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.

Article 4 – Commitments

1.All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances, shall:

(a)Develop, periodically update, publish and make available to the Conference of the Parties, in accordance with Article 12, 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;

(b)Formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change by addressing anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, and measures to facilitate adequate adaptation to climate change;

(c)Promote and cooperate in the development, application and diffusion, including transfer, of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol in all relevant sectors, including the energy, transport, industry, agriculture, forestry and waste management sectors;

(d)Promote sustainable management, and promote and cooperate in the conservation and enhancement, as appropriate, of sinks and reservoirs of all greenhouse gases not controlled by the Montreal Protocol, including biomass, forests and oceans as well as other terrestrial, coastal and marine ecosystems;

(e)Cooperate in preparing for adaptation to the impacts of climate change; develop and elaborate appropriate and integrated plans for coastal zone management, water resources and agriculture, and for the protection and rehabilitation of areas, particularly in Africa, affected by drought and desertification, as well as floods;

(f)Take climate change considerations into account, to the extent feasible, in their relevant social, economic and environmental policies and actions, and employ appropriate methods, for example impact assessments, formulated and determined nationally, with a view to minimizing adverse effects on the economy, on public health and on the quality of the environment, of projects or measures undertaken by them to mitigate or adapt to climate change;

(g)Promote and cooperate in scientific, technological, technical, socio-economic and other research, systematic observation and development of data archives related to the climate system and intended to further the understanding and to reduce or eliminate the remaining uncertainties regarding the causes, effects, magnitude and timing of climate change and the economic and social consequences of various response strategies;

(h)Promote and cooperate in the full, open and prompt exchange of relevant scientific, technological, technical, socio-economic and legal information related to the climate system and climate change, and to the economic and social consequences of various response strategies;

(i)Promote and cooperate in education, training and public awareness related to climate change and encourage the widest participation in this process, including that of non-governmental organizations; and

(j)Communicate to the Conference of the Parties information related to implementation, in accordance with Article 12.

2.The developed country Parties and other Parties included in Annex 1 commit themselves specifically as provided for in the following:

(a)Each of these Parties shall adopt national¹ policies and take corresponding measures on the mitigation of climate change, by limiting its anthropogenic emissions of greenhouse gases and protecting and enhancing its greenhouse gas sinks and reservoirs. These policies and measures will demonstrate that developed countries are taking the lead in modifying longerterm trends in anthropogenic emissions consistent with the objective of the Convention, recognizing that the return by the end of the present decade to earlier levels of anthropogenic emissions of carbondioxide and other greenhouse gases not controlled by the Montreal Protocol would contribute to such modification, and taking into account the differences in these Parties’ starting points and approaches, economic structures and resource bases, the need to maintain strong and sustainable economic growth, available technologies and other individual circumstances, as well as the need for equitable and appropriate contributions by each of these Parties to the global effort regarding that objective. These Parties may implement such policies and measures jointly with other Parties and may assist other Parties in contributing to the achievement of the objective of the Convention and, in particular, that of this subparagraph;

(b)In order to promote progress to this end, each of these Parties shall communicate, within six months of the entry into force of the Convention for it and periodically thereafter, and in accordance with Article 12, detailed information on its policies and measures referred to in subparagraph (a) above, as well as on its resulting projected anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol for the period referred to in subparagraph (a), with the aim of returning individually or jointly to their 1990 levels these anthropogenic emissions of carbondioxide and other greenhouse gases not controlled by the Montreal Protocol. This information will be reviewed by the Conference of the Parties, at its first session and periodically thereafter, in accordance with Article 7;

(c)Calculations of emissions by sources and removals by sinks of greenhouse gases for the purposes of subparagraph (b) above should take into account the best available scientific knowledge, including of the effective capacity of sinks and the respective contributions of such gases to climate change. The Conference of the Parties shall consider and agree on methodologies for these calculations at its first session and review them regularly thereafter;

(d)The Conference of the Parties shall, at its first session, review the adequacy of subparagraphs (a) and (b) above. Such review shall be carried out in the light of the best available scientific information and assessment on climate change and its impacts, as well as relevant technical, social and economic information. Based on this review, the Conference of the Parties shall take appropriate action, which may include the adoption of amendments to the commitments in subparagraphs (a) and (b) above. The Conference of the Parties, at its first session, shall also take decisions regarding criteria for joint implementation as indicated in subparagraph (a) above. A second review of subparagraphs (a) and (b) shall take place not later than 31 December 1998, and thereafter at regular intervals determined by the Conference of the Parties, until the objective of the Convention is met;

(e)Each of these Parties shall—

(i)Coordinate as appropriate with other such Parties, relevant economic and administrative instruments developed to achieve the objective of the Convention; and

(ii)Identify and periodically review its own policies and practices which encourage activities that lead to greater levels of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol than would otherwise occur;

(f)The Conference of the Parties shall review, not later than 31 December 1998, available information with a view to taking decisions regarding such amendments to the lists in Annexes I and II as may be appropriate, with the approval of the Party concerned;

(g)Any Party not included in Annex I may, in its instrument of ratification, acceptance, approval or accession, or at any time thereafter, notify the Depositary that it intends to be bound by subparagraphs (a) and (b) above. The Depositary shall inform the other signatories and Parties of any such notification.

3.The developed country Parties and other developed Parties included in Annex II shall provide new and additional financial resources to meet the agreed full costs incurred by developing country Parties in complying with their obligations under Article 12, paragraph 1. They shall 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 implementing measures that are covered by paragraph 1 of this Article and that are agreed between a developing country Party and the international entity or entities referred to in Article 11, in accordance with that Article. The implementation of these commitments shall take into account the need for adequacy and predictability in the flow of funds and the importance of appropriate burden sharing among the developed country Parties.The developed country Parties and other developed Parties included in Annex II shall also assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation to those adverse effects.

4.The developed country Parties and other developed Parties included in Annex II shall take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologies and know-how to other Parties, particularly developing country Parties, to enable them to implement the provisions of the Convention. In this process, the developed country Parties shall support the development and enhancement of endogenous capacities and technologies of developing country Parties. Other Parties and organizations in a position to do so may also assist in facilitating the transfer of such technologies.

5.In the implementation of their commitments under paragraph 2 above, a certain degree of flexibility shall be allowed by the Conference of the Parties to the Parties included in Annex I undergoing the process of transition to a market economy, in order to enhance the ability of these Parties to address climate change, including with regard to the historical level of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol chosen as a reference.

6.The extent to which developing country Parties will effectively implement their commitments under the Convention will depend on the effective implementation by developed country Parties of their commitments under the Convention related to financial resources and transfer of technology and will take fully into account that economic and social development and poverty eradication are the first and overriding priorities of the developing country Parties.

7.In the implementation of the commitments in this Article, the Parties shall give full consideration to what actions are necessary under the Convention, including actions related to funding, insurance and the transfer of technology, to meet the specific needs and concerns of developing country Parties arising from the adverse effects of climate change and/or the impact of the implementation of response measures, especially on:

(a)Small island countries;

(b)Countries with low-lying coastal areas;

(c)Countries with arid and semi-arid areas, forested areas and areas liable to forest decay;

(d)Countries with areas prone to natural disasters;

(e)Countries with areas liable to drought and desertification;

(f)Countries with areas of high urban atmospheric pollution;

(g)Countries with areas with fragile ecosystems, including mountainous ecosystems;

(h)Countries whose economies are highly dependent on income generated from the production, processing and export, and/or on consumption of fossil fuels and associated energy-intensive products; and

(i)Land-locked and transit countries.

Further, the Conference of the Parties may take actions, as appropriate, with respect to this paragraph.

9.The Parties shall take full account of the specific needs and special situations of the least developed countries in their actions with regard to funding and transfer of technology.[Please note: numbering as in original.]

10.The Parties shall, in accordance with Article 10, take into consideration in the implementation of the commitments of the Convention the situation of Parties, particularly developing country Parties, with economies that are vulnerable to the adverse effects of the implementation of measures to respond to climate change. This applies notably to Parties with economies that are highly dependent on income generated from the production, processing and export, and/or consumption of fossil fuels and associated energy-intensive products and/or the use of fossil fuels for which such Parties have serious difficulties in switching to alternatives.

Article 5 – Research and systematic observation

In carrying out their commitments under Article 4, paragraph 1(g), the Parties shall:

(a)Support and further develop, as appropriate, international and intergovernmental programmes and networks or organizations aimed at defining, conducting, assessing and financing research, data collection and systematic observation, taking into account the need to minimize duplication of effort;

(b)Support international and intergovernmental efforts to strengthen systematic observation and national scientific and technical research capacities and capabilities, particularly in developing countries, and to promote access to, and the exchange of, data and analyses thereof obtained from areas beyond national jurisdiction; and

(c)Take into account the particular concerns and needs of developing countries and cooperate in improving their endogenous capacities and capabilities to participate in the efforts referred to in subparagraphs (a) and (b) above.

Article 6 – Education, training and public awareness

In carrying out their commitments under Article 4, paragraph 1(i), the Parties shall:

(a)Promote and facilitate at the national and, as appropriate, subregional and regional levels, and in accordance with national laws and regulations, and within their respective capacities:

(i)The development and implementation of educational and public awareness programmes on climate change and its effects;

(ii)Public access to information on climate change and its effects;

(iii)Public participation in addressing climate change and its effects and developing adequate responses; and

(iv)Training of scientific, technical and managerial personnel.

(b)Cooperate in and promote, at the international level, and, where appropriate, using existing bodies:

(i)The development and exchange of educational and public awareness material on climate change and its effects; and

(ii)The development and implementation of education and training programmes, including the strengthening of national institutions and the exchange or secondment of personnel to train experts in this field, in particular for developing countries.

Article 7 – Conference of the parties

1.A Conference of the Parties is hereby established.

2.The Conference of the Parties, as the supreme body of this Convention, shall keep under regular review the implementation of the Convention and any related legal instruments that the Conference of the Parties may adopt, and shall make, within its mandate, the decisions necessary to promote the effective implementation of the Convention. To this end, it shall—

(a)Periodically examine the obligations of the Parties and the institutional arrangements under 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;

(b)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 the Convention;

(c)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 the Convention;

(d)Promote and guide, in accordance with the objective and provisions of the Convention, the development and periodic refinement of comparable methodologies, to be agreed on by the Conference of the Parties, inter alia, for preparing inventories of greenhouse gas emissions by sources and removals by sinks, and for evaluating the effectiveness of measures to limit the emissions and enhance the removals of these gases;

(e)Assess, on the basis of all information made available to it in accordance with the provisions of the Convention, the implementation of the Convention by the Parties, the overall effects of the measures taken pursuant to the Convention, 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;

(f)Consider and adopt regular reports on the implementation of the Convention and ensure their publication;

(g)Make recommendations on any matters necessary for the implementation of the Convention;

h)Seek to mobilize financial resources in accordance with Article 4, paragraphs 3,4 and 5, and Article 11;

(i)Establish such subsidiary bodies as are deemed necessary for the implementation of the Convention;

(j)Review reports submitted by its subsidiary bodies and provide guidance to them;

(k)Agree upon and adopt, by consensus, rules of procedure and financial rules for itself and for any subsidiary bodies;

(l)Seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and nongovernmental bodies; and

(m)Exercise such other functions as are required for the achievement of the objective of the Convention as well as all other functions assigned to it under the Convention.

3.The Conference of the Parties shall, at its first session, adopt its own rules of procedure as well as those of the subsidiary bodies established by the Convention, which shall include decision-making procedures for matters not already covered by decision-making procedures stipulated in the Convention. Such procedures may include specified majorities required for the adoption of particular decisions.

4.The first session of the Conference of the Parties shall be convened by the interim secretariat referred to in Article 21 and shall take place not later than one year after the date of entity into force of the Convention. Thereafter, ordinary sessions of the Conference of the Parties shall be held every year unless otherwise decided by the Conference of the Parties.

5.Extraordinary sessions of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, 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.

6.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 as observers. Any body or agency, whether national or international, governmental or nongovernmental, which is qualified in matters covered by the Convention, and which has informed the secretariat of its wish to be represented at a session of the Conference of the Parties 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 adopted by the Conference of the Parties.

Article 8 – Secretariat

1.A secretariat is hereby established.

2.The functions of the secretariat shall be:

(a)To make arrangements for sessions of the Conference of the Parties and its subsidiary bodies established under the Convention and to provide them with services as required;

(b)To compile and transmit reports submitted to it;

(c)To facilitate assistance to the Parties, particularly developing country Parties, on request, in the compilation and communication of information required in accordance with the provisions of the Convention;

(d)To prepare reports on its activities and present them to the Conference of the Parties;

(e)To ensure the necessary coordination with the secretariats of other relevant international bodies;

(f)To enter, under the overall guidance of the Conference of the Parties, into such administrative and contractual arrangements as may be required for the effective discharge of its functions; and

(g)To perform the other secretariat functions specified in the Convention and in any of its protocols and such other functions as may be determined by the Conference of the Parties.

3.The Conference of the Parties, at its first session, shall designate a permanent secretariat and make arrangements for its functioning.

Article 9 – Subsidiary body for scientific and technological advice

1.A subsidiary body for scientific and technological advice is hereby established to provide the Conference of the Parties and, as appropriate, its other subsidiary bodies with timely information and advice on scientific and technological matters relating to the Convention. This body shall be open to participation by all Parties and shall be multidisciplinary. It shall comprise government representatives competent in the relevant field of expertise. It shall report regularly to the Conference of the Parties on all aspects of its work.

2.Under the guidance of the Conference of the Parties, and drawing upon existing competent international bodies, this body shall:

(a)Provide assessments of the state of scientific knowledge relating to climate change and its effects;

(b)Prepare scientific assessments on the effects of measures taken in the implementation of the Convention;

(c)Identify innovative, efficient and state-of-the-art technologies and know-how and advise on the ways and means of promoting development and/or transferring such technologies;

(d)Provide advice on scientific programmes, international cooperation in research and development related to climate change, as well as on ways and means of supporting endogenous capacity-building in developing countries; and

(e)Respond to scientific, technological and methodological questions that the Conference of the Parties and its subsidiary bodies may put to the body.

3.The functions and terms of reference of this body may be further elaborated by the Conference of the Parties.

Article 10 – Subsidiary body for scientific and technological advice

1.A subsidiary body for implementation is hereby established to assist the Conference of the Parties in the assessment and review of the effective implementation of the Convention. This body shall be open to participation by all Parties and comprise government representatives who are experts on matters related to climate change. It shall report regularly to the Conference of the Parties on all aspects of its work.

2.Under the guidance of the Conference of the Parties, this body shall—

(a)Consider the information communicated in accordance with Article 12, paragraph 1, to assess the overall aggregated effect of the steps taken by the Parties in the light of the latest scientific assessments concerning climate change;

(b)Consider the information communicated in accordance with Article 12, paragraph 2, in order to assist the Conference of the Parties in carrying out the reviews required by Article 4, paragraph 2(d); and

(c)Assist the Conference of the Parties, as appropriate, in the preparation and implementation of its decisions.

Article 11 – Financial mechanism

1.A mechanism for the provision of financial resources on a grant or concessional basis, including for the transfer of technology, is hereby defined. It shall function under the guidance of and be accountable to the Conference of the Parties, which shall decide on its policies, programme priorities and eligibility criteria related to this Convention. Its operation shall be entrusted to one or more existing international entities.

2.The financial mechanism shall have an equitable and balanced representation of all Parties within a transparent system of governance.

3.The Conference of the Parties and the entity or entities entrusted with the operation of the financial mechanism shall agree upon arrangements to give effect to the above paragraphs, which shall include the following:

(a)Modalities to ensure that the funded projects to address climate change are in conformity with the policies, programme priorities and eligibility criteria established by the Conference of the Parties;

(b)Modalities by which a particular funding decision may be reconsidered in light of these policies, programme priorities and eligibility criteria;

(c)Provision by the entity or entities of regular reports to the Conference of the Parties on its funding operations, which is consistent with the requirement for accountability set out in paragraph 1 above; and

(d)Determination in a predictable and identifiable manner of the amount of funding necessary and available for the implementation of this Convention and the conditions under which that amount shall be periodically reviewed.

4.The Conference of the Parties shall make arrangements to implement the above-mentioned provisions at its first session, reviewing and taking into account the interim arrangements referred to in Article 21, paragraph 3, and shall decide whether these interim arrangements shall be maintained. Within four years thereafter, the Conference of the Parties shall review the financial mechanism and take appropriate measures.

5.The developed country Parties may also provide and developing country Parties avail themselves of, financial resources related to the implementation of the Convention through bilateral, regional and other multilateral channels.

Article 12 – Communication of information related to implementation

1.In accordance with Article 4, paragraph 1, each Party shall communicate to the Conference of the Parties, through the secretariat, the following elements of information:

(a)A national inventory of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, to the extent its capacities permit, using comparable methodologies to be promoted and agreed upon by the Conference of the Parties;

(b)A general description of steps taken or envisaged by the Party to implement the Convention; and

(c)Any other information that the Party considers relevant to the achievement of the objective of the Convention and suitable for inclusion in its communication, including, if feasible, material relevant for calculations of global emission trends.

2.Each developed country Party and each other Party included in Annex I shall incorporate in its communication the following elements of information:

(a)A detailed description of the policies and measures that it has adopted to implement its commitment under Article 4, paragraphs 2(a) and 2(b); and

(b)A specific estimate of the effects that the policies and measures referred to in subparagraph (a) immediately above will have on anthropogenic emissions by its sources and removals by its sinks of greenhouse gases during the period referred to in Article 4, paragraph 2(a).

3.In addition, each developed country Party and each other developed Party included in Annex II shall incorporate details of measures taken in accordance with Article 4, paragraphs 3, and 5.

4.Developing country Parties may, on a voluntary basis, propose projects for financing, including specific technologies, materials, equipment, techniques or practices that would be needed to implement such projects, along with, if possible, an estimate of all incremental costs, of the reductions of emissions and increments of removals of greenhouse gases, as well as an estimate of the consequent benefits.

5.Each developed country Party and each other Party included in Annex I shall make its initial communication within six months of the entry into force of the Convention for that Party. Each Party not so listed shall make its initial communication within three years of the entry into force of the Convention for that Party, or of the availability of financial resources in accordance with Article 4, paragraph 3. Parties that are least developed countries may make their initial communication at their discretion. The frequency of subsequent communications by all Parties shall be determined by the Conference of the Parties, taking into account the differentiated timetable set by this paragraph.

6.Information communicated by Parties under this Article shall be transmitted by the secretariat as soon as possible to the Conference of the Parties and to any subsidiary bodies concerned. If necessary, the procedures for the communication of information may be further considered by the Conference of the Parties.

7.From its first session, the Conference of the Parties shall arrange for the provision to developing country Parties of technical and financial support, on request, in compiling and communicating information under this Article, as well as in identifying the technical and financial needs associated with proposed projects and response measures under Article 4. Such support may be provided by other Parties, by competent international organizations and by the secretariat, as appropriate.

8.Any group of Parties may, subject to guidelines adopted by the Conference of the Parties, and to prior notification to the Conference of the Parties, make a joint communication in fulfillment of their obligations under this Article, provided that such a communication includes information on the fulfillment by each of these Parties of its individual obligations under the Convention.

9.Information received by the secretariat that is designated by a Party as confidential, in accordance with criteria to be established by the Conference of the Parties, shall be aggregated by the secretariat to protect its confidentiality before being made available to any of the bodies involved in the communication and review of information.

10.Subject to paragraph 9 above, and without prejudice to the ability of any Party to make public its communication at any time, the secretariat shall make communications by Parties under this Article publicly available at the time they are submitted to the Conference of the Parties.

Article 13 – Resolution of questions regarding implementation

The Conference of the Parties shall, at its first session, consider the establishment of a multilateral consultative process, available to Parties on their request, for the resolution of questions regarding the implementation of the Convention.

Article 14 – Settlement of disputes

1.In the event of a dispute between any two or more Parties concerning the interpretation or application of the Convention, the Parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice.

2.When ratifying, accepting, approving or acceding to the Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Convention, it recognizes as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation:

(a)Submission of the dispute to the International Court of Justice, and/or

(b)Arbitration in accordance with procedures to be adopted by the Conference of the Parties as soon as practicable, in an annex on arbitration.

A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedures referred to in subparagraph (b) above.

3.A declaration made under paragraph 2 above shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary.

4.A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal, unless the parties to the dispute otherwise agree.

5.Subject to the operation of paragraph 2 above, if after twelve months following notification by one Party to another that a dispute exists between them, the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1 above, the dispute shall be submitted, at the request of any of the parties to the dispute, to conciliation.

6.A conciliation commission shall be created upon the request of one of the parties to the dispute. The commission shall be composed of an equal number of members appointed by each party concerned and a chairman chosen jointly by the members appointed by each party. The commission shall render a recommendatory award, which the parties shall consider in good faith.

7.Additional procedures relating to conciliation shall be adopted by the Conference of the Parties, as soon as practicable, in an annex on conciliation.

8.The provisions of this Article shall apply to any related legal instrument which the Conference of the Parties may adopt, unless the instrument provides otherwise.

Article 15 – Amendments to the convention

1.Any Party may propose amendments to the Convention.

2.Amendments to the Convention shall be adopted at an ordinary session of the Conference of the Parties. The text of any proposed amendment to the Convention 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 proposed amendments to the signatories to the Convention and, for information, to the Depositary.

3.The Parties shall make every effort to reach agreement on any proposed amendment to the Convention 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.

4.Instruments of acceptance in respect of an amendment shall be deposited with the Depositary. An amendment adopted in accordance with paragraph 3 above shall enter into force for those Parties having accepted it on the ninetieth day after the date of receipt by the Depositary of an instrument of acceptance by at least three fourths of the Parties to the Convention.

5.The amendment shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits with the Depositary its instrument of acceptance of the said amendment.

6.For the purposes of this Article, “Parties present and voting” means Parties present and casting an affirmative or negative vote.

Article 16 – Adoption and amendment of annexes to the convention

1.Annexes to the Convention shall form an integral part thereof and, unless otherwise expressly provided, a reference to the Convention constitutes at the same time a reference to any annexes thereto. Without prejudice to the provisions of Article 14, paragraphs 2(b) and 7, such annexes shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientific, technical, procedural or administrative character.

2.Annexes to the Convention shall be proposed and adopted in accordance with the procedure set forth in Article 15, paragraphs 2,3 and 4.

3.An annex that has been adopted in accordance with paragraph 2 above shall enter into force for all Parties to the Convention six months after the date of the communication by the Depositary to such Parties of the adoption of the annex, except for those Parties that have notified the Depositary, in writing, within that period of their non-acceptance of the annex. The 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.

4.The proposal, adoption and entry into force of amendments to annexes to the Convention shall be subject to the same procedure as that for the proposal, adoption and entry into force of annexes to the Convention in accordance with paragraphs 2 and 3 above.

5.If the adoption of an annex or an amendment to an annex involves an amendment to the Convention, that annex or amendment to an annex shall not enter into force until such time as the amendment to the Convention enters into force.

Article 17 – Protocols

1.The Conference of the Parties may, at any ordinary session, adopt protocols to the Convention.

2.The text of any proposed protocol shall be communicated to the Parties by the secretariat at least six months before such a session.

3.The requirements for the entry into force of any protocol shall be established by that instrument.

4.Only Parties to the Convention may be Parties to a protocol.

5.Decisions under any protocol shall be taken only by the Parties to the protocol concerned.

Article 18 – Right to vote

1.Each Party to the Convention shall have one vote, except as provided for in paragraph 2 below.

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 the Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

Article 19 – Depositary

The Secretary-General of the United Nations shall be the Depositary of the Convention and of protocols adopted in accordance with Article 17.

Article 20 – Signature

This Convention shall be open for signature by States Members of the United Nations or of any of its specialized agencies or that are Parties to the Statute of the International Court of Justice and by regional economic integration organizations at Rio de Janeiro, during the United Nations Conference on Environment and Development, and thereafter at United Nations Headquarters in New York from 20 June 1992 to 19 June 1993.

Article 21 – Interim arrangements

1.The secretariat functions referred to in Article 8 will be carried out on an interim basis by the secretariat established by the General Assembly of the United Nations in its resolution 45/212 of 21 December 1990, until the completion of the first session of the Conference of the Parties.

2.The head of the interim secretariat referred to in paragraph 1 above will cooperate closely with the Intergovernmental Panel on Climate Change to ensure that the Panel can respond to the need for objective scientific and technical advice. Other relevant scientific bodies could also be consulted.

3.The Global Environment Facility of the United Nations Development Programme, the United Nations Environment Programme and the International Bank for Reconstruction and Development shall be the international entity entrusted with the operation of the financial mechanism referred to in Article 11 on an interim basis. In this connection, the Global Environment Facility should be appropriately restructured and its membership made universal to enable it to fulfill the requirements of Article 11.

Article 22 – Ratification, acceptance, approval or accession

1.The Convention shall be subject to ratification, acceptance, approval or accession by States and by regional economic integration organizations. It shall be open for accession from the day after the date on which the Convention is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

2.Any regional economic integration organization which becomes a Party to the Convention without any of its member States being a Party shall be bound by all the obligations under the Convention. In the case of such organizations, one or more of whose member States is a Party to the Convention, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under the Convention. In such cases, the organization and the member States shall not be entitled to exercise rights under the Convention concurrently.

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 the Convention. These organizations shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of their competence.

Article 23 – Entry into force

1.The Convention shall enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession.

2.For each State or regional economic integration organization that ratifies, accepts or approves the Convention or accedes thereto after the deposit of the fiftieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession.

3.For the purposes of paragraphs 1 and 2 above, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States members of the organization.

Article 24 – Reservation

No reservations may be made to the Convention.

Article 25 – Withdrawal

1.At any time after three years from the date on which the Convention has entered into force for a Party, that Party may withdraw from the Convention by giving written notification to the Depositary.

2.Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal.

3.Any Party that withdraws from the Convention shall be considered as also having withdrawn from any protocol to which it is a Party.

Article 26 – Authentic texts

The original of this Convention, 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.IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.DONE at New York this ninth day of May one thousand nine hundred and ninety-two.

Annex I

AustraliaAustriaBelarus¹¹Countries that are undergoing the process of transition to a market economy.BelgiumBulgaria¹¹Countries that are undergoing the process of transition to a market economy.CanadaCzechoslovakia¹¹Countries that are undergoing the process of transition to a market economy.DenmarkEuropean Economic CommunityEstonia¹¹Countries that are undergoing the process of transition to a market economy.FinlandFranceGermanyGreeceHungary¹¹Countries that are undergoing the process of transition to a market economy.IcelandIrelandItalyJapanLatvia¹¹Countries that are undergoing the process of transition to a market economy.Lithuania¹¹Countries that are undergoing the process of transition to a market economy.LuxembourgNetherlandsNew ZealandNorwayPoland¹¹Countries that are undergoing the process of transition to a market economy.PortugalRomania¹¹Countries that are undergoing the process of transition to a market economy.Russian Federation¹¹Countries that are undergoing the process of transition to a market economy.SpainSwedenSwitzerlandTurkeyUkraine¹¹Countries that are undergoing the process of transition to a market economy.United Kingdom of Great Britain and Northern Ireland United States of America

Annex II

AustraliaAustriaBelgiumCanadaDenmarkEuropean Economic CommunityFinlandFranceGermanyGreeceIcelandIrelandItalyJapanLuxembourgNetherlandsNew ZealandNorwayPortugalSpainSwedenSwitzerlandTurkeyUnited Kingdom of Great Britain and Northern Ireland United States of America

Schedule 3 (Section 4)

Kyoto Protocol to the United Nations Framework Convention on Climate Change

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. l of the Conference of the Parties to the Convention at its first session,Have agreed as follows:

Article 1

For the purposes of this Protocol, the definitions contained in Article 1 of the Convention shall apply. In addition:

1.“Conference of the Parties” means the Conference of the Parties to the Convention.

2.“Convention” means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992.

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.

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.

5.“Parties present and voting” means Parties present and casting an affirmative or negative vote.

6.“Party” means, unless the context otherwise indicates, a Party to this Protocol.

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.

Article 2

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:

(a)Implement and/or further elaborate policies and measures in accordance with its national circumstances, such as:

(i)Enhancement of energy efficiency in relevant sectors of the national economy;

(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;

(iii)Promotion of sustainable forms of agriculture in light of climate change considerations;

(iv)Research on, and promotion, development and increased use of, new and renewable forms of energy, of carbondioxide sequestration technologies and of advanced and innovative environmentally sound technologies;

(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;

(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;

(vii)Measures to limit and/or reduce emissions of greenhouse gases not controlled by the Montreal Protocol in the transport sector;

(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;

(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.

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.

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.

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.

Article 3

1.The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic carbondioxide 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.

2.Each Party included in Annex I shall, by 2005, have made demonstrable progress in achieving its commitments under this Protocol.

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.

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.

5.The Parties included in Annex I undergoing the process of transition to a market economy whose base year or period was established pursuant to decision 9/CP.2 of the Conference of the Parties at its second session shall use that base year or period for the implementation of their commitments under this Article. Any other Party included in Annex I undergoing the process of transition to a market economy which has not yet submitted its first national communication under Article 12 of the Convention may also notify the Conference of the Parties serving as the meeting of the Parties to this Protocol that it intends to use an historical base year or period other than 1990 for the implementation of its commitments under this Article. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide on the acceptance of such notification.

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.

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 carbondioxide 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 carbondioxide equivalent emissions by sources minus removals by sinks in 1990 from land-use change for the purposes of calculating their assigned amount.

8.Any Party included in Annex I may use 1995 as its base year for hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride, for the purposes of the calculation referred to in paragraph 7 above.

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.

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.

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.

12.Any certified emission reductions which a Party acquires from another Party in accordance with the provisions of Article 12 shall be added to the assigned amount for the acquiring Party.

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.

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.

Article 4

1.Any Parties included in Annex I that have reached an agreement to fulfill their commitments under Article 3 jointly, shall be deemed to have met those commitments provided that their total combined aggregate anthropogenic carbondioxide 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.

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.

3.Any such agreement shall remain in operation for the duration of the commitment period specified in Article 3, paragraph 7.

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.

5.In the event of failure by the Parties to such an agreement to achieve their total combined level of emission reductions, each Party to that agreement shall be responsible for its own level of emissions set out in the agreement.

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.

Article 5

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.

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.

3.The global warming potentials used to calculate the carbondioxide 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.

Article 6

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:

(a)Any such project has the approval of the Parties involved;

(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;

(c)It does not acquire any emission reduction units if it is not in compliance with its obligations under Articles 5 and 7; and

(d)The acquisition of emission reduction units shall be supplemental to domestic actions for the purposes of meeting commitments under Article 3.

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.

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.

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.

Article 7

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.

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.

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.

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.

Article 8

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.

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.

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 fulfillment 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.

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.

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:

(a)The information submitted by Parties under Article 7 and the reports of the expert reviews thereon conducted under this Article; and

(b)Those questions of implementation listed by the secretariat under paragraph 3 above, as well as any questions raised by Parties.

6.Pursuant to its consideration of the information referred to in paragraph 5 above, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take decisions on any matter required for the implementation of this Protocol.

Article 9

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.

2.The first review shall take place at the second session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. Further reviews shall take place at regular intervals and in a timely manner.

Article 10

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:

(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 the 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;

(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:

(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

(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;

(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;

(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;

(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;

(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

(g)Give full consideration, in implementing the commitments under this Article, to Article 4, paragraph 8, of the Convention.

Article 11

1.In the implementation of Article 10, Parties shall take into account the provisions of Article 4, paragraphs 4,5,7,8 and 9, of the Convention.

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:

(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

(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.

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.

Article 12

1.A clean development mechanism is hereby defined.

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.

3.Under the clean development mechanism:

(a)Parties not included in Annex I will benefit from project activities resulting in certified emission reductions; and

(b)Parties included in Annex I may use the certified emission reductions accruing from such project activities to contribute to compliance with part of their quantified emission limitation and reduction commitments under Article 3, as determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol.

4.The clean development mechanism shall be subject to the authority and guidance of the Conference of the Parties serving as the meeting of the Parties to this Protocol and be supervised by an executive board of the clean development mechanism.

5.Emission reductions resulting from each project activity shall be certified by operational entities to be designated by the Conference of the Parties serving as the meeting of the Parties to this Protocol, on the basis of:

(a)Voluntary participation approved by each Party involved;

(b)Real, measurable, and long-term benefits related to the mitigation of climate change; and

(c)Reductions in emissions that are additional to any that would occur in the absence of the certified project activity.

6.The clean development mechanism shall assist in arranging funding of certified project activities as necessary.

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.

8.The Conference of the Parties serving as the meeting of the Parties to this Protocol shall ensure that a share of the proceeds from certified project activities is used to cover administrative expenses as well as to assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation.

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.

10.Certified emission reductions obtained during the period from the year 2000 up to the beginning of the first commitment period can be used to assist in achieving compliance in the first commitment period.

Article 13

1.The Conference of the Parties, the supreme body of the Convention, shall serve as the meeting of the Parties to this Protocol.

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.

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.

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:

(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;

(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;

(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;

(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;

(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;

(f)Make recommendations on any matters necessary for the implementation of this Protocol;

(g)Seek to mobilize additional financial resources in accordance with Article 11, paragraph 2;

h)Establish such subsidiary bodies as are deemed necessary for the implementation of this Protocol;

(i)Seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and non-govemmental bodies; and

(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.

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.

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.

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.

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.

Article 14

1.The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Protocol.

2.Article 8, paragraph 2, of the Convention on the functions of the secretariat, and Article 8, paragraph 3, of the Convention on arrangements made for the functioning of the secretariat, shall apply mutatis mutandis to this Protocol. The secretariat shall, in addition, exercise the functions assigned to it under this Protocol.

Article 15

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.

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.

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 Bureau 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.

Article 16

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.

Article 17

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.

Article 18

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.

Article 19

The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Protocol.

Article 20

1.Any Party may propose amendments to this Protocol.

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.

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.

5.The amendment shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits with the Depositary its instrument of acceptance of the said amendment.

Article 21

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.

2.Any Party may make proposals for an annex to this Protocol and may propose amendments to annexes to this Protocol.

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.

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.

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.

6.If the adoption of an annex or an amendment to an annex involves an amendment to this Protocol, that annex or amendment to an annex shall not enter into force until such time as the amendment to this Protocol enters into force.

7.Amendments to Annexes A and B to this Protocol shall be adopted and enter into force in accordance with the procedure set out in Article 20, provided that any amendment to Annex B shall be adopted only with tire written consent of tire Party concerned.

Article 22

1.Each Party shall have one vote, except as provided for in paragraph 2 below.

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.

Article 23

The Secretary-General of the United Nations shall be the Depositary of this Protocol.

Article 24

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.

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.

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.

Article 25

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 carbondioxide emissions for 1990 of the Parties included in Annex I, have deposited their instruments of ratification, acceptance, approval or accession.

2.For the purposes of this Article, “the total carbondioxide 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.

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.

4.For the purposes of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States members of the organization.

Article 26

No reservations may be made to this Protocol.

Article 27

1.At any time after three years from the date on which this Protocol has entered into force for a Party, that Party may withdraw from this Protocol by giving written notification to the Depositary.

3.Any Party that withdraws from the Convention shall be considered as also having withdrawn from this Protocol.

Article 28

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.DONE at Kyoto this eleventh day of December one thousand nine hundred and ninety-seven.IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have affixed their signatures to this Protocol on the dates indicated.

Annex A

Greenhouse gases

Carbondioxide (CO₂)Methane (CH₄)Nitrous oxide (N₂O)Hydrofluorocarbons (HFCs)Perfluorocarbons (PFCs)Sulphur hexafluoride (SF₆)

Sectors/source categories

EnergyFuel combustionEnergy industriesManufacturing industries and constructionTransportOther sectorsOtherFugitive emissions from fuelsSolid fuelsOil and natural gasOtherIndustrial processesMineral productsChemical industryMetal productionOther productionProduction of halocarbons and sulphur hexafluorideConsumption of halocarbons and sulphur hexafluorideOtherSolvent and other product useAgricultureEnteric fermentationManure managementRice cultivationAgricultural soilsPrescribed burning of savannasField burning of agricultural residuesOtherWasteSolid waste disposal on landWastewater handlingWaste incinerationOther

Annex B

Party Quantified emission limitation or reduction commitment (percentage of base year or period)

Australia 108Austria 92Belgium 92Bulgaria^* 92^*Countries that are undergoing the process of transition to a market economy.Canada 94Croatia^* 95^*Countries that are undergoing the process of transition to a market economy.Czech Republic^* 92^*Countries that are undergoing the process of transition to a market economy.Denmark 92Estonia^* 92^*Countries that are undergoing the process of transition to a market economy.European Community 92Germany 92Greece 92Hungary^* 94^*Countries that are undergoing the process of transition to a market economy.Iceland 110Ireland 92Italy 92Japan 94Latvia^* 92^*Countries that are undergoing the process of transition to a market economy.Liechtenstein 92Lithuania^* 92^*Countries that are undergoing the process of transition to a market economy.Luxembourg 92Monaco 92Netherlands 92New Zealand 100Norway 101Poland^* 94^*Countries that are undergoing the process of transition to a market economy.Portugal 92Romania^* 92^*Countries that are undergoing the process of transition to a market economy.Russian Federation^* 100^*Countries that are undergoing the process of transition to a market economy.Slovakia^* 92^*Countries that are undergoing the process of transition to a market economy.Slovenia^* 92^*Countries that are undergoing the process of transition to a market economy.Spain 92Sweden 92Switzerland 92Ukraine^* 100^*Countries that are undergoing the process of transition to a market economy.United Kingdom of Great Britain and Northern Ireland 92United States of America 93

Schedule 4 (Section 4)

Paris Agreement, 2015

The Parties to this Agreement,Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as “the Convention”,Pursuant to the Durban Platform for Enhanced Action established by decision 1/CP.17 of the Conference of the Parties to the Convention at its seventeenth session,In pursuit of the objective of the Convention, and being guided by its principles, including the principle of equity and common but differentiated responsibilities and respective capabilities, in the light of different national circumstances,Recognizing the need for an effective and progressive response to the urgent threat of climate change on the basis of the best available scientific knowledge,Also recognizing the specific needs and special circumstances of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change, as provided for in the Convention,Taking full account of the specific needs and special situations of the least developed countries with regard to funding and transfer of technology,Recognizing that Parties may be affected not only by climate change, but also by the impacts of the measures taken in response to it,Emphasizing the intrinsic relationship drat climate change actions, responses and impacts have with equitable access to sustainable development and eradication of poverty,Recognizing the fundamental priority of safeguarding food security and ending hunger, and the particular vulnerabilities of food production systems to the adverse impacts of climate change,Taking into account the imperatives of a just transition of the workforce and the creation of decent work and quality jobs in accordance with nationally defined development priorities,Acknowledging that climate change is a common concern of human kind. Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity,Recognizing the importance of the conservation and enhancement, as appropriate, of sinks and reservoirs of the greenhouse gases referred to in the Convention,Noting the importance of ensuring the integrity of all ecosystems, including oceans, and the protection of biodiversity, recognized by some cultures as Mother Earth, and noting the importance for some of the concept of “climate justice”, when taking action to address climate change,Affirming the importance of education, training, public awareness, public participation, public access to information and cooperation at all levels on the matters addressed in this Agreement,Recognizing the importance of the engagements of all levels of government and various actors, in accordance with respective national legislations of Parties, in addressing climate change,Also recognizing that sustainable lifestyles and sustainable patterns of consumption and production, with developed country Parties taking the lead, play an important role in addressing climate change,Have agreed as follows:

Article 1

For the purpose of this Agreement, the definitions contained in Article 1 of the Convention shall apply. In addition:

(a)“Convention” means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992;

(b)“Conference of the Parties” means the Conference of the Parties to the Convention;

(c)“Party” means a Party to this Agreement.

Article 2

This Agreement, in enhancing the implementation of the Convention, including its objective, aims to strengthen the global response to the threat of climate change, in the context of sustainable development and efforts to eradicate poverty, including by:

(a)Holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5 °C above pre-industrial levels, recognizing that this would significantly reduce the risks and impacts of climate change;

(b)Increasing the ability to adapt to the adverse impacts of climate change and foster climate resilience and low greenhouse gas emissions development, in a manner that does not threaten food production; and

(c)Making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development. This Agreement will be implemented to reflect equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances.

Article 3

As nationally determined contributions to the global response to climate change, all Parties are to undertake and communicate ambitious efforts as defined in Articles 4,7,9,10,11 and 13 with the view to achieving the purpose of this Agreement as set out in Article 2. The efforts of all Parties will represent a progression over time, while recognizing the need to support developing country Parties for the effective implementation of this Agreement.

Article 4

1.In order to achieve the long-term temperature goal set out in Article 2, Parties aim to reach global peaking of greenhouse gas emissions as soon as possible, recognizing that peaking will take longer for developing country Parties, and to undertake rapid reductions thereafter in accordance with best available science, so as to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century, on the basis of equity, and in the context of sustainable development and efforts to eradicate poverty.

2.Each Party shall prepare, communicate and maintain successive nationally determined contributions that it intends to achieve. Parties shall pursue domestic mitigation measures, with the aim of achieving the objectives of such contributions.

3.Each Party’s successive nationally determined contribution will represent a progression beyond the Party’s then current nationally determined contribution and reflect its highest possible ambition, reflecting its common but differentiated responsibilities and respective capabilities, in the light of different national circumstances.

4.Developed country Parties should continue taking the lead by undertaking economy-wide absolute emission reduction targets. Developing country Parties should continue enhancing their mitigation efforts, and are encouraged to move over time towards economy-wide emission reduction or limitation targets in the light of different national circumstances.

5.Support shall be provided to developing country Parties for the implementation of this Article, in accordance with Articles 9, 10 and 11, recognizing that enhanced support for developing country Parties will allow for higher ambition in their actions.

6.The least developed countries and small island developing States may prepare and communicate strategies, plans and actions for low greenhouse gas emissions development reflecting their special circumstances.

7.Mitigation co-benefits resulting from Parties’ adaptation actions and/or economic diversification plans can contribute to mitigation outcomes under this Article.

8.In communicating their nationally determined contributions, all Parties shall provide the information necessary for clarity, transparency and understanding in accordance with decision 1/CP.21 and any relevant decisions of the Conference of the Parties serving as the meeting of the Parties to this Agreement.

9.Each Party shall communicate a nationally determined contribution every five years in accordance with decision 1/CP.21 and any relevant decisions of the Conference of the Parties serving as the meeting of the Parties to this Agreement and be informed by the outcomes of the global stock take referred to in Article 14.

10.The Conference of the Parties serving as the meeting of the Parties to this Agreement shall consider common time frames for nationally determined contributions at its first session.

11.A Party may at any time adjust its existing nationally determined contribution with a view to enhancing its level of ambition, in accordance with guidance adopted by the Conference of the Parties serving as the meeting of the Parties to this Agreement.

12.Nationally determined contributions communicated by Parties shall be recorded in a public registry maintained by the secretariat.

13.Parties shall account for their nationally determined contributions. In accounting for anthropogenic emissions and removals corresponding to their nationally determined contributions, Parties shall promote environmental integrity, transparency, accuracy, completeness, comparability and consistency, and ensure the avoidance of double counting, in accordance with guidance adopted by the Conference of the Parties serving as the meeting of the Parties to this Agreement.

14.In the context of their nationally determined contributions, when recognizing and implementing mitigation actions with respect to anthropogenic emissions and removals, Parties should take into account, as appropriate, existing methods and guidance under the Convention, in the light of the provisions of paragraph 13 of this Article.

15.Parties shall take into consideration in the implementation of this Agreement the concerns of Parties with economies most affected by the impacts of response measures, particularly developing country Parties.

16.Parties, including regional economic integration organizations and their member States, that have reached an agreement to act jointly under paragraph 2 of this Article shall notify the secretariat of the terms of that agreement, including the emission level allocated to each Party within the relevant time period, when they communicate their nationally determined contributions. The secretariat shall in turn inform the Parties and signatories to the Convention of the terms of that agreement.

17.Each party to such an agreement shall be responsible for its emission level as set out in the agreement referred to in paragraph 16 of this Article in accordance with paragraphs 13 and 14 of this Article and Articles 13 and 15.

18.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 Agreement, each member State of that regional economic integration organization individually, and together with the regional economic integration organization, shall be responsible for its emission level as set out in the agreement communicated under paragraph 16 of this Article in accordance with paragraphs 13 and 14 of this Article and Articles 13 and 15.

19.All Parties should strive to formulate and communicate long-term low greenhouse gas emission development strategies, mindful of Article 2 taking into account their common but differentiated responsibilities and respective capabilities, in the light of different national circumstances.

Article 5

20.Parties should take action to conserve and enhance, as appropriate, sinks and reservoirs of greenhouse gases as referred to in Article 4, paragraph 1(d), of the Convention, including forests.

21.Parties are encouraged to take action to implement and support, including through results-based payments, the existing framework as set out in related guidance and decisions already agreed under the Convention for policy approaches and positive incentives for activities relating to reducing emissions from deforestation and forest degradation, and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries; and alternative policy approaches, such as joint mitigation and adaptation approaches for the integral and sustainable management of forests, while reaffirming the importance of incentivizing, as appropriate, non-carbon benefits associated with such approaches.

Article 6

22.Parties recognize that some Parties choose to pursue voluntary cooperation in the implementation of their nationally determined contributions to allow for higher ambition in their mitigation and adaptation actions and to promote sustainable development and environmental integrity.

23.Parties shall, where engaging on a voluntary basis in cooperative approaches that involve the use of internationally transferred mitigation outcomes towards nationally determined contributions, promote sustainable development and ensure environmental integrity and transparency, including in governance, and shall apply robust accounting to ensure, inter alia, the avoidance of double counting, consistent with guidance adopted by the Conference of the Parties serving as the meeting of the Parties to this Agreement.

24.The use of internationally transferred mitigation outcomes to achieve nationally determined contributions under this Agreement shall be voluntary and authorized by participating Parties.

25.A mechanism to contribute to the mitigation of greenhouse gas emissions and support sustainable development is hereby established under the authority and guidance of the Conference of the Parties serving as the meeting of the Parties to this Agreement for use by Parties on a voluntary basis. It shall be supervised by a body designated by the Conference of the Parties serving as the meeting of the Parties to this Agreement, and shall aim:

(a)To promote the mitigation of greenhouse gas emissions while fostering sustainable development;

(b)To incentivize and facilitate participation in the mitigation of greenhouse gas emissions by public and private entities authorized by a Party;

(c)To contribute to the reduction of emission levels in the host Party, which will benefit from mitigation activities resulting in emission reductions that can also be used by another Party to fulfil its nationally determined contribution; and

(d)To deliver an overall mitigation in global emissions.

26.Emission reductions resulting from the mechanism referred to in paragraph 4 of this Article shall not be used to demonstrate achievement of the host Party’s nationally determined contribution if used by another Party to demonstrate achievement of its nationally determined contribution.

27.The Conference of the Parties serving as the meeting of the Parties to this Agreement shall ensure that a share of the proceeds from activities under the mechanism referred to in paragraph 4 of this Article is used to cover administrative expenses as well as to assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation.

28.The Conference of the Parties serving as the meeting of the Parties to this Agreement shall adopt rules, modalities and procedures for the mechanism referred to in paragraph 4 of this Article at its first session.

29.Parties recognize the importance of integrated, holistic and balanced non-market approaches being available to Parties to assist in the implementation of their nationally determined contributions, in the context of sustainable development and poverty eradication, in a coordinated and effective manner, including through, inter alia, mitigation, adaptation, finance, technology transfer and capacity building, as appropriate. These approaches shall aim to:

(a)Promote mitigation and adaptation ambition;

(b)Enhance public and private sector participation in the implementation of nationally determined contributions; and

(c)Enable opportunities for coordination across instruments and relevant institutional arrangements.

30.A framework for non-market approaches to sustainable development is hereby defined to promote the non-market approaches referred to in paragraph 8 of this Article.

Article 7

31.Parties hereby establish the global goal on adaptation of enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change, with a view to contributing to sustainable development and ensuring an adequate adaptation response in the context of the temperature goal referred to in Article 2.

32.Parties recognize that adaptation is a global challenge faced by all with local, subnational, national, regional and international dimensions, and that it is a key component of and makes a contribution to the long term global response to climate change to protect people, livelihoods and ecosystems, taking into account the urgent and immediate needs of those developing country Parties that are particularly vulnerable to the adverse effects of climate change.

33.The adaptation efforts of developing country Parties shall be recognized, in accordance with the modalities to be adopted by the Conference of the Parties serving as the meeting of the Parties to this Agreement at its first session.

34.Parties recognize that the current need for adaptation is significant and that greater levels of mitigation can reduce the need for additional adaptation efforts, and that greater adaptation needs can involve greater adaptation costs.

35.Parties acknowledge that adaptation action should follow a countrydriven, gender-responsive, participatory and fully transparent approach, taking into consideration vulnerable groups, communities and ecosystems, and should be based on and guided by the best available science and, as appropriate, traditional knowledge, knowledge of indigenous peoples and local knowledge systems, with a view to integrating adaptation into relevant socioeconomic and environmental policies and actions, where appropriate.

36.Parties recognize the importance of support for and international cooperation on adaptation efforts and the importance of taking into account the needs of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change.

37.Parties should strengthen their cooperation on enhancing action on adaptation, taking into account the Cancun Adaptation Framework, including with regard to:

(a)Sharing information, good practices, experiences and lessons learned, including, as appropriate, as these relate to science, planning, policies and implementation in relation to adaptation actions;

(b)Strengthening institutional arrangements, including those under the Convention that serve this Agreement, to support the synthesis of relevant information and knowledge, and the provision of technical support and guidance to Parties;

(c)Strengthening scientific knowledge on climate, including research, systematic observation of the climate system and early warning systems, in a manner that informs climate services and supports decision-making;

(d)Assisting developing country Parties in identifying effective adaptation practices, adaptation needs, priorities, support provided and received for adaptation actions and efforts, and challenges and gaps, in a manner consistent with encouraging good practices; and

(e)Improving the effectiveness and durability of adaptation actions.

38.United Nations specialized organizations and agencies are encouraged to support the efforts of Parties to implement the actions referred to in paragraph 7 of this Article, taking into account the provisions of paragraph 5 of this Article.

39.Each Party shall, as appropriate, engage in adaptation planning processes and the implementation of actions, including the development or enhancement of relevant plans, policies and/or contributions, which may include:

(a)The implementation of adaptation actions, undertakings and/or efforts;

(b)The process to formulate and implement national adaptation plans;

(c)The assessment of climate change impacts and vulnerability, with a view to formulating nationally determined prioritized actions, taking into account vulnerable people, places and ecosystems;

(d)Monitoring and evaluating and learning from adaptation plans, policies, programmes and actions; and

(e)Building the resilience of socioeconomic and ecological systems, including through economic diversification and sustainable management of natural resources.

40.Each Party should, as appropriate, submit and update periodically an adaptation communication, which may include its priorities, implementation and support needs, plans and actions, without creating any additional burden for developing country Parties.

41.The adaptation communication referred to in paragraph 10 of this Article shall be, as appropriate, submitted and updated periodically, as a component of or in conjunction with other communications or documents, including a national adaptation plan, a nationally determined contribution as referred to in Article 4, paragraph 2, and/ or a national communication.

42.The adaptation communications referred to in paragraph 10 of this Article shall be recorded in a public registry maintained by the secretariat.

43.Continuous and enhanced international support shall be provided to developing country Parties for the implementation of paragraphs 7,9, 10 and 11 of this Article, in accordance with the provisions of Articles 9,10 and 11.

44.The global stock take referred to in Article 14 shall, inter alia:

(a)Recognize adaptation efforts of developing country Parties;

(b)Enhance the implementation of adaptation action taking into account the adaptation communication referred to in paragraph 10 of this Article;

(c)Review the adequacy and effectiveness of adaptation and support provided for adaptation; and

(d)Review the overall progress made in achieving the global goal on adaptation referred to in paragraph 1 of this Article.

Article 8

45.Parties recognize the importance of averting, minimizing and addressing loss and damage associated with the adverse effects of climate change, including extreme weather events and slow onset events, and the role of sustainable development in reducing the risk of loss and damage.

46.The Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts shall be subject to the authority and guidance of the Conference of the Parties serving as the meeting of the Parties to this Agreement and may be enhanced and strengthened, as determined by the Conference of the Parties serving as the meeting of the Parties to this Agreement.

47.Parties should enhance understanding, action and support, including through the Warsaw International Mechanism, as appropriate, on a cooperative and facilitative basis with respect to loss and damage associated with the adverse effects of climate change.

48.Accordingly, areas of cooperation and facilitation to enhance understanding, action and support may include:

(a)Early warning systems;

(b)Emergency preparedness;

(c)Slow onset events;

(d)Events that may involve irreversible and permanent loss and damage;

(e)Comprehensive risk assessment and management;

(f)Risk insurance facilities, climate risk pooling and other insurance solutions;

(g)Non-economic losses; and

(h)Resilience of communities, livelihoods and ecosystems.

49.The Warsaw International Mechanism shall collaborate with existing bodies and expert groups under the Agreement, as well as relevant organizations and expert bodies outside the Agreement.

Article 9

50.Developed country Parties shall provide financial resources to assist developing country Parties with respect to both mitigation and adaptation in continuation of their existing obligations under the Convention.

51.Other Parties are encouraged to provide or continue to provide such support voluntarily.

52.As part of a global effort, developed country Parties should continue to take the lead in mobilizing climate finance from a wide variety of sources, instruments and channels, noting the significant role of public funds, through a variety of actions, including supporting country-driven strategies, and taking into account the needs and priorities of developing country Parties. Such mobilization of climate finance should represent a progression beyond previous efforts.

53.The provision of scaled-up financial resources should aim to achieve a balance between adaptation and mitigation, taking into account country-driven strategies, and the priorities and needs of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change and have significant capacity constraints, such as the least developed countries and small island developing States, considering the need for public and grant-based resources for adaptation.

54.Developed country Parties shall biennially communicate indicative quantitative and qualitative information related to paragraphs 1 and 3 of this Article, as applicable, including, as available, projected levels of public financial resources to be provided to developing country Parties. Other Parties providing resources are encouraged to communicate biennially such information on a voluntary basis.

55.The global stock take referred to in Article 14 shall take into account the relevant information provided by developed country Parties and/ or Agreement bodies on efforts related to climate finance.

56.Developed country Parties shall provide transparent and consistent information on support for developing country Parties provided and mobilized through public interventions biennially in accordance with the modalities, procedures and guidelines to be adopted by the Conference of the Parties serving as the meeting of the Parties to this Agreement, at its first session, as stipulated in Article 13, paragraph 13. Other Parties are encouraged to do so.

57.The Financial Mechanism of the Convention, including its operating entities, shall serve as the financial mechanism of this Agreement.

58.The institutions serving this Agreement, including the operating entities of the Financial Mechanism of the Convention, shall aim to ensure efficient access to financial resources through simplified approval procedures and enhanced readiness support for developing country Parties, in particular for the least developed countries and small island developing States, in the context of their national climate strategies and plans.

Article 10

59.Parties share a long-term vision on the importance of fully realizing technology development and transfer in order to improve resilience to climate change and to reduce greenhouse gas emissions.

60.Parties, noting the importance of technology for the implementation of mitigation and adaptation actions under this Agreement and recognizing existing technology deployment and dissemination efforts, shall strengthen cooperative action on technology development and transfer.

61.The Technology Mechanism established under the Convention shall serve this Agreement.

62.A technology framework is hereby established to provide overarching guidance to the work of the Technology Mechanism in promoting and facilitating enhanced action on technology development and transfer in order to support the implementation of this Agreement, in pursuit of the long-term vision referred to in paragraph 1 of this Article.

63.Accelerating, encouraging and enabling innovation is critical for an effective, long-term global response to climate change and promoting economic growth and sustainable development. Such effort shall be, as appropriate, supported, including by the Technology Mechanism and, through financial means, by the Financial Mechanism of the Convention, for collaborative approaches to research and development, and facilitating access to technology, in particular for early stages of the technology cycle, to developing country Parties.

64.Support, including financial support, shall be provided to developing country Parties for the implementation of this Article, including for strengthening cooperative action on technology development and transfer at different stages of the technology cycle, with a view to achieving a balance between support for mitigation and adaptation. The global stock take referred to in Article 14 shall take into account available information on efforts related to support on technology development and transfer for developing country Parties.

Article 11

65.Capacity-building under this Agreement should enhance the capacity and ability of developing country Parties, in particular countries with the least capacity, such as the least developed countries, and those that are particularly vulnerable to the adverse effects of climate change, such as small island developing States, to take effective climate change action, including, inter alia, to implement adaptation and mitigation actions, and should facilitate technology development, dissemination and deployment, access to climate finance, relevant aspects of education, training and public awareness, and the transparent, timely and accurate communication of information.

66.Capacity-building should be country-driven, based on and responsive to national needs, and foster country ownership of Parties, in particular, for developing country Parties, including at the national, subnational and local levels. Capacity-building should be guided by lessons learned, including those from capacity-building activities under the Convention, and should be an effective, iterative process that is participatory, cross-cutting and gender-responsive.

67.All Parties should cooperate to enhance the capacity of developing country Parties to implement this Agreement. Developed country Parties should enhance support for capacity-building actions in developing country Parties.

68.All Parties enhancing the capacity of developing country Parties to implement this Agreement, including through regional, bilateral and multilateral approaches, shall regularly communicate on these actions or measures on capacity-building. Developing country Parties should regularly communicate progress made on implementing capacity-building plans, policies, actions or measures to implement this Agreement

69.Capacity-building activities shall be enhanced through appropriate institutional arrangements to support the implementation of this Agreement, including the appropriate institutional arrangements established under the Convention that serve this Agreement. The Conference of the Parties serving as the meeting of the Parties to this Agreement shall, at its first session, consider and adopt a decision on the initial institutional arrangements for capacity-building.

Article 12

Parties shall cooperate in taking measures, as appropriate, to enhance climate change education, training, public awareness, public participation and public access to information, recognizing the importance of these steps with respect to enhancing actions under this Agreement.

Article 13

70.In order to build mutual trust and confidence and to promote effective implementation, an enhanced transparency framework for action and support, with built-in flexibility which takes into account Parties’ different capacities and builds upon collective experience is hereby established.

71.The transparency framework shall provide flexibility in the implementation of the provisions of this Article to Arose developing country Parties that need it in the light of their capacities. The modalities, procedures and guidelines referred to in paragraph 13 of this Article shall reflect such flexibility.

72.The transparency framework shall build on and enhance the transparency arrangements under the Convention, recognizing the special circumstances of the least developed countries and small island developing States, and be implemented in a facilitative, non-intrusive, non-punitive manner, respectful of national sovereignty, and avoid placing undue burden on Parties.

73.The transparency arrangements under the Convention, including national communications, biennial reports and biennial update reports, international assessment and review and international consultation and analysis, shall form part of the experience drawn upon for the development of the modalities, procedures and guidelines under paragraph 13 of this Article.

74.The purpose of the framework for transparency of action is to provide a clear understanding of climate change action in the light of the objective of the Convention as set out in its Article 2, including clarity and tracking of progress towards achieving Parties’ individual nationally determined contributions under Article 4, and Parties’ adaptation actions under Article 7, including good practices, priorities, needs and gaps, to inform the global stock take under Article 14.

75.The purpose of the framework for transparency of support is to provide clarity on support provided and received by relevant individual Parties in the context of climate change actions under Articles 4,7,9,10 and 11, and, to the extent possible, to provide a full overview of aggregate financial support provided, to inform the global stock take under Article 14.

76.Each Party shall regularly provide the following information:

(a)A national inventory report of anthropogenic emissions by sources and removals by sinks of greenhouse gases, prepared using good practice methodologies accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties serving as the meeting of the Parties to this Agreement; and

(b)Information necessary to track progress made in implementing and achieving its nationally determined contribution under Article 4.

77.Each Party should also provide information related to climate change impacts and adaptation under Article 7, as appropriate.

78.Developed country Parties shall, and other Parties that provide support should, provide information on financial, technology transfer and capacity-building support provided to developing country Parties under Articles 9,10 and 11.

79.Developing country Parties should provide information on financial, technology transfer and capacity-building support needed and received under Articles 9,10 and 11.

80.Information submitted by each Party under paragraphs 7 and 9 of this Article shall undergo a technical expert review, in accordance with decision 1/CP.21. For those developing country Parties that need it in the light of their capacities, the review process shall include assistance in identifying capacity-building needs. In addition, each Party shall participate in a facilitative, multilateral consideration of progress with respect to efforts under Article 9, and its respective implementation and achievement of its nationally determined contribution.

81.The technical expert review under this paragraph shall consist of a consideration of the Party’s support provided, as relevant, and its implementation and achievement of its nationally determined contribution. The review shall also identify areas of improvement for the Party, and include a review of the consistency of the information with the modalities, procedures and guidelines referred to in paragraph 13 of this Article, taking into account the flexibility accorded to the Party under paragraph 2 of this Article. The review shall pay particular attention to the respective national capabilities and circumstances of developing country Parties.

82.The Conference of the Parties serving as the meeting of the Parties to this Agreement shall, at its first session, building on experience from the arrangements related to transparency under the Convention, and elaborating on the provisions in this Article, adopt common modalities, procedures and guidelines, as appropriate, for the transparency of action and support.

83.Support shall be provided to developing countries for the implementation of this Article.

84.Support shall also be provided for the building of transparency-related capacity of developing country Parties on a continuous basis.

Article 14

85.The Conference of the Parties serving as the meeting of the Parties to this Agreement shall periodically take stock of the implementation of this Agreement to assess the collective progress towards achieving the purpose of this Agreement and its long-term goals (referred to as the “global stock take”). It shall do so in a comprehensive and facilitative manner, considering mitigation, adaptation and the means of implementation and support, and in the light of equity and the best available science.

86.The Conference of the Parties serving as the meeting of the Parties to this Agreement shall undertake its first global stock take in 2023 and every five years thereafter unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this Agreement.

87.The outcome of the global stock take shall inform Parties in updating and enhancing, in a nationally determined manner, their actions and support in accordance with the relevant provisions of this Agreement, as well as in enhancing international cooperation for climate action.

Article 15

88.A mechanism to facilitate implementation of and promote compliance with the provisions of this Agreement is hereby established.

89.The mechanism referred to in paragraph 1 of this Article shall consist of a committee that shall be expert-based and facilitative in nature and function in a manner that is transparent, non-adversarial and non-punitive. The committee shall pay particular attention to the respective national capabilities and circumstances of Parties.

90.The committee shall operate under the modalities and procedures adopted by the Conference of the Parties serving as the meeting of the Parties to this Agreement at its first session and report annually to the Conference of the Parties serving as the meeting of the Parties to this Agreement.

Article 16

91.The Conference of the Parties, the supreme body of the Convention, shall serve as the meeting of the Parties to this Agreement.

92.Parties to the Convention that are not Parties to this Agreement 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 Agreement. When the Conference of the Parties serves as the meeting of the Parties to this Agreement, decisions under this Agreement shall be taken only by those that are Parties to this Agreement.

93.When the Conference of the Parties serves as the meeting of the Parties to this Agreement, 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 Agreement, shall be replaced by an additional member to be elected by and from amongst the Parties to this Agreement.

94.The Conference of the Parties serving as the meeting of the Parties to this Agreement shall keep under regular review the implementation of this Agreement and shall make, within its mandate, the decisions necessary to promote its effective implementation. It shall perform the functions assigned to it by this Agreement and shall:

(a)Establish such subsidiary bodies as deemed necessary for the implementation of this Agreement; and

(b)Exercise such other functions as may be required for the implementation of this Agreement.

95.The rules of procedure of the Conference of the Parties and the financial procedures applied under the Convention shall be applied mutatis mutandis under this Agreement, except as may be otherwise decided by consensus by the Conference of the Parties serving as the meeting of the Parties to this Agreement.

96.The first session of the Conference of the Parties serving as the meeting of the Parties to this Agreement 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 entry into force of this Agreement. Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Agreement shall be held 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 Agreement.

97.Extraordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Agreement 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 Agreement 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.

98.The United Nations and 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 Agreement as observers. Any body or agency, whether national or international, governmental or non-governmental, which is qualified in matters covered by this Agreement 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 Agreement 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 referred to in paragraph 5 of this Article.

Article 17

99.The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Agreement.

100.Article 8, paragraph 2, of the Convention on the functions of the secretariat, and Article 8, paragraph 3, of the Convention, on the arrangements made for the functioning of the secretariat, shall apply mutatis mutandis to this Agreement. The secretariat shall, in addition, exercise the functions assigned to it under this Agreement and by the Conference of the Parties serving as the meeting of the Parties to this Agreement.

Article 18

101.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, respectively, as the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Agreement. The provisions of the Convention relating to the functioning of these two bodies shall apply mutatis mutandis to this Agreement. Sessions of the meetings of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Agreement 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.

102.Parties to the Convention that are not Parties to this Agreement 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 Agreement, decisions under this Agreement shall be taken only by those that are Parties to this Agreement.

103.When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise their functions with regard to matters concerning this Agreement, any member of the bureau of those subsidiary bodies representing a Party to the Convention but, at that time, not a Party to this Agreement, shall be replaced by an additional member to be elected by and from amongst the Parties to this Agreement.

Article 19

104.Subsidiary bodies or other institutional arrangements established by or under the Convention, other than those referred to in this Agreement, shall serve this Agreement upon a decision of the Conference of the Parties serving as the meeting of the Parties to this Agreement. The Conference of the Parties serving as the meeting of the Parties to this Agreement shall specify the functions to be exercised by such subsidiary bodies or arrangements.

105.The Conference of the Parties serving as the meeting of the Parties to this Agreement may provide further guidance to such subsidiary bodies and institutional arrangements.

Article 20

106.This Agreement shall be open for signature and subject to ratification, acceptance or approval by States and regional economic integration organizations that are Parties to the Convention. It shall be open for signature at the United Nations Headquarters in New York from 22 April 2016 to 21 April 2017. Thereafter, this Agreement shall be open for accession from the day following tire date on which it is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

107.Any regional economic integration organization that becomes a Party to this Agreement without any of its member States being a Party shall be bound by all the obligations under this Agreement. In the case of regional economic integration organizations with one or more member States that are Parties to this Agreement, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Agreement. In such cases, the organization and the member States shall not be entitled to exercise rights under this Agreement concurrently.

108.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 Agreement These organizations shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of their competence.

Article 21

109.This Agreement shall enter into force on the thirtieth day after the date on which at least 55 Parties to the Convention accounting in total for at least an estimated 55 per cent of the total global greenhouse gas emissions have deposited their instruments of ratification, acceptance, approval or accession.

110.Solely for the limited purpose of paragraph 1 of this Article, “total global greenhouse gas emissions” means the most up-to-date amount communicated on or before the date of adoption of this Agreement by the Parties to the Convention.

111.For each State or regional economic integration organization that ratifies, accepts or approves this Agreement or accedes thereto after the conditions set out in paragraph 1 of this Article for entry into force have been fulfilled, this Agreement shall enter into force on the thirtieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession.

112.For the purposes of paragraph 1 of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by its member States.

Article 22

The provisions of Article 15 of the Convention on the adoption of amendments to the Convention shall apply mutatis mutandis to this Agreement.

Article 23

113.The provisions of Article 16 of the Convention on the adoption and amendment of annexes to the Convention shall apply mutatis mutandis to this Agreement.

114.Annexes to this Agreement shall form an integral part thereof and, unless otherwise expressly provided for, a reference to this Agreement constitutes at the same time a reference to any annexes thereto. Such annexes shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientific, technical, procedural or administrative character.

Article 24

The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Agreement.

Article 25

115.Each Party shall have one vote, except as provided for in paragraph 2 of this Article.

116.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 Agreement. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

Article 26

The Secretary-General of the United Nations shall be the Depositary of this Agreement.

Article 27

No reservations may be made to this Agreement.

Article 28

117.At any time after three years from the date on which this Agreement has entered into force for a Party, that Party may withdraw from this Agreement by giving written notification to the Depositary.

118.Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal.

119.Any Party that withdraws from the Convention shall be considered as also having withdrawn from this Agreement.

Article 29

The original of this Agreement, 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.DONE at Paris this twelfth day of December two thousand and fifteen.IN WITNESS WHEREOF, the undersigned, being duly authorized to that effect, have signed this Agreement.

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History of this document

31 December 2021 this version

Published

14 August 2021

Assented to