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Kyoto Protocol Overview & Introduction

 

What is Kyoto Protocol ?
The Kyoto Bodies
The Mechanisms under the Kyoto Protocol
Eligibility requirements
Registry systems under the Kyoto Protocol
What is ITL ?
Registry Functions & Initializations & Websites
Compliance under the Kyoto Protocol

 


 

What is Kyoto Protocol ?

The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention on Climate Change. The major feature of the Kyoto Protocol is that it sets binding targets for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions .These amount to an average of five per cent against 1990 levels over the five-year period 2008-2012. The major distinction between the Protocol and the Convention is that while the Convention encouraged industrialized countries to stabilize GHG emissions, the Protocol commits them to do so.

 

Recognizing that developed countries are principally responsible for the current high levels of GHG emissions in the atmosphere as a result of more than 150 years of industrial activity, the Protocol places a heavier burden on developed nations under the principle of “common but differentiated responsibilities.”

The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997 and entered into force on 16 February 2005. 180 nations have ratified the treaty to date. The detailed rules for the implementation of the Protocol were adopted at COP 7 in Marrakesh in 2001, and are called the “Marrakesh Accords.”

 

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Monitoring emission targets

 

Under the Protocol, countries actual emissions have to be monitored and precise records have to be kept of the trades carried out. Registry systems track and record transactions by Parties under the mechanisms. The UN Climate Change Secretariat, based in Bonn, Germany, keeps an international transaction log to verify that transactions are consistent with the rules of the Protocol. Reporting is done by Parties by way of submitting annual emission inventories and national reports under the Protocol at regular intervals. A compliance system ensures that Parties are meeting their commitments and helps them to meet their commitments if they have problems doing so.

 

Adaptation
The Kyoto Protocol, like the Convention, is also designed to assist countries in adapting to the adverse effects of climate change. It facilitates the development and deployment of techniques that can help increase resilience to the impacts of climate change. The Adaptation Fund was established to finance adaptation projects and programmes in developing countries that are Parties to the Kyoto Protocol. The Fund is financed mainly with a share of proceeds from CDM project activities.

 

The road ahead

 

The Kyoto Protocol is generally seen as an important first step towards a truly global emission reduction regime that will stabilize GHG emissions, and provides the essential architecture for any future international agreement on climate change. By the end of the first commitment period of the Kyoto Protocol in 2012, a new international framework needs to have been negotiated and ratified that can deliver the stringent emission reductions the Intergovernmental Panel on Climate Change (IPCC) has clearly indicated are needed.

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Status of Ratification  

 

The text of the Protocol to the UNFCCC was adopted at the third session of the Conference of the Parties (COP 3) in Kyoto, Japan, on 11 December 1997; it was open for signature from 16 March 1998 to 15 March 1999 at United Nations Headquarters, New York. By that date the Protocol had received 84 signatures. Those Parties that have not yet signed the Kyoto Protocol may accede to it at any time.

The Protocol is subject to ratification, acceptance, approval or accession by Parties to the Convention. It entered into force on 16 February 2005 - the ninetieth day after at least 55 Parties to the Convention, incorporating Annex I Parties which accounted in total for at least 55 % of the total carbon dioxide emissions for 1990 from that group - deposited their instruments of ratification, acceptance, approval or accession.

 

The list to the right contains the latest information concerning dates of signature and ratification received from the Secretary-General of the United Nations, as Depositary of the Kyoto Protocol. The dates in the column entitled "ratification" are those of the receipt of the instrument of ratification (R), acceptance (At), approval (Ap) or accession (Ac). (For an explanation of these legal terms, visit the UN's Treaty Reference Guide).


 

Amendment to Annex B of the Kyoto Protocol  

 

At the second session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (CMP 2), held in Nairobi, Kenya, in November 2006, Parties to the Kyoto Protocol adopted an Amendment to Annex B to the Kyoto Protocol by pdf-icon decision 10/CMP.2. The decision was adopted in accordance with Article 20 and 21 of the Kyoto Protocol, based on a pdf-icon proposal from Belarus to amend Annex B to the Kyoto Protocol, which was submitted in March 2006.

 

The pdf-icon Notification of the Amendment was communicated on 17 April 2006, to all Parties to the Kyoto Protocol by the Secretary-General of the United Nations, acting in his capacity as Depositary. The amendment is subject to acceptance by Parties to the Kyoto Protocol. It will 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 Kyoto Protocol. The list to the right contains the latest information concerning acceptances received from the Secretary-General of the United Nations, as Depositary of the Amendment to Annex B of the Kyoto Protocol. The dates in the column entitled "acceptance" are those of the receipt of the instrument of acceptance (At).  (For an explanation of these legal terms, visit the UN's Treaty Reference Guide).

 


 

Kyoto Protocol Bodies  

 

CMP
The Conference of the Parties (COP) serves as the meeting of the Parties to the Kyoto Protocol. This is referred to as the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (CMP). The CMP meets annually during the same period as the COP. Parties to the Convention that are not Parties to the Protocol are able to participate in the CMP as observers, but without the right to take decisions.  The functions of the CMP relating to the Protocol are similar to those carried out by the COP for the Convention.  The first meeting of the Parties to the Kyoto Protocol was held in Montreal, Canada in December 2005, in conjunction with the eleventh session of the Conference of the Parties (COP 11). Decisions were adopted that outline the path to future international action on climate change.  The Parties to the Kyoto Protocol also formally adopted the “rulebook” of the 1997 Kyoto Protocol, the so-called ‘Marrakesh accords’, which sets the framework for implementation of the Protocol.  

 

The Subsidiary Body for Scientific and Technological Advice (SBSTA) and the Subsidiary Body for Implementation (SBI)
These two permanent subsidiary bodies established under the Convention also serve the CMP.

 

The Bureau
The Bureau of the COP also serves the CMP. However, any member of the COP Bureau representing a non-Party to the Kyoto Protocol has to be replaced by a member representing a Kyoto Protocol Party.

 


 

Constituted Bodies under the Kyoto Protocol  

 

Clean Development Mechanism (CDM) Executive Board
The CDM Executive Board supervises the CDM under the Kyoto Protocol and prepares decisions for the CMP. It undertakes a variety of tasks relating to the day-to-day operation of the CDM, including the accreditation of operational entities.

Joint Implementation Supervisory Committee
The Joint Implementation Supervisory Committee (JISC), under the authority and guidance of the CMP, inter alia, supervises the verification of emission reduction units (ERUs) generated by JI projects following the verification procedure under the JISC.

 

Compliance Committee
The compliance regime consists of a Compliance Committee made up of two branches: a Facilitative Branch and an Enforcement Branch.

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The Mechanisms under the Kyoto Protocol:

Emissions Trading, the Clean Development Mechanism and Joint Implementation
 

 

Background  

Countries with commitments under the Kyoto Protocol to limit or reduce greenhouse gas emissions must meet their targets primarily through national measures. As an additional means of meeting these targets, the Kyoto Protocol introduced three market-based mechanisms, thereby creating what is now known as the “carbon market.”  
 

The Kyoto mechanisms are:

  • Emissions Trading

  • The Clean Development Mechanism (CDM)

  • Joint Implementation (JI)

The Kyoto mechanisms:

  • Stimulate sustainable development through technology transfer and investment

  •  Help countries with Kyoto commitments to meet their targets by reducing emissions or removing carbon from the atmosphere in other countries in a cost-effective way

  • Encourage the private sector and developing countries to contribute to emission reduction efforts

JI and CDM are the two project-based mechanisms which feed the carbon market. JI enables industrialized countries to carry out joint implementation projects with other developed countries, while the CDM involves investment in sustainable development projects that reduce emissions in developing countries.

 

The carbon market is a key tool for reducing emissions worldwide. It was worth 30 billion USD in 2006 and is growing.

Annex I Parties must provide information in their national communications under the Protocol to demonstrate that their use of the mechanisms is “supplemental to domestic action” to achieve their targets. This information is assessed by the facilitative branch of the Compliance Committee.

 

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Eligibility requirements  

 

To participate in the mechanisms, Annex I Parties must meet, among others, the following eligibility requirements:

  • They must have ratified the Kyoto Protocol.

  • They must have calculated their assigned amount in terms of tonnes of CO2-equivalent emissions.

  • They must have in place a national system for estimating emissions and removals of greenhouse gases within their territory.

  • They must have in place a national registry to record and track the creation and movement of ERUs, CERs, AAUs and RMUs and must annually report such information to the secretariat.

  • They must annually report information on emissions and removals to the secretariat.


 

Detailed eligibility requirements  

 

Detailed eligibility requirements can be found under the respective decisions agreed by the CMP, as follows:

  • ET eligibility requirements are reflected in in the Modalities, rules and guidelines for emissions trading under Article 17 of the Kyoto Protocol ((PDF) decision 11/CMP.1);

  • CDM eligibility requirements are reflected in section F in the modalities and procedures ((PDF) decision 3/CMP.1);

  • JI eligibility requirements are reflected in section D in the Guidelines for implementation of Article 6 of the Kyoto Protocol ((PDF) decision 9/CMP.1);

Businesses, non-governmental organizations and other legal entities may participate in the three mechanisms under the authority and responsibility of governments.

 

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Registry systems under the Kyoto Protocol  

 

Emission targets for industrialized country Parties to the Kyoto Protocol are expressed as levels of allowed emissions, or “assigned amounts”, over the 2008-2012 commitment period. Such assigned amounts are denominated in tonnes (of CO2 equivalent emissions) known informally as “Kyoto units”.

 

The ability of Parties to add to their holdings of Kyoto units (e.g. through credits for CDM or LULUCF activities) or move units from one country to another (e.g. through emissions trading or JI projects) requires registry systems that can track the location of Kyoto units at all times.

 

Two types of registry are being implemented:

  • Governments of the 38 Annex B Parties are implementing national registries, containing accounts within which units are held in the name of the government or in the name of legal entities authorized by the government to hold and trade units.
     

  • The UNFCCC secretariat, under the authority of the CDM Executive Board, has implemented the CDM registry for issuing CDM credits and distributing them to national registries. Accounts in the CDM registry are held only by CDM project participants, as the registry does not accept emissions trading between accounts.

In addition to recording the holdings of Kyoto units, these registries “settle” emissions trades by delivering units from the accounts of sellers to those of buyers, thus forming the backbone infrastructure for the carbon market. Each registry will operate through a link established with the International transaction log put in place and administered by the UNFCCC secretariat. The ITL verifies registry transactions, in real time, to ensure they are consistent with rules agreed under the Kyoto Protocol. The ITL requires registries to terminate transactions they propose that are found to infringe upon the Kyoto rules.

 

image

 

In verifying registry transactions, the ITL provides an independent check that unit holdings are being recorded accurately in registries. After the Kyoto commitment period is finished, the end status of the unit holdings for each Annex B Party will be compared with the Party’s emissions over the commitment period in order to assess whether it has complied with its emission target under the Kyoto Protocol.

 

EU emissions trading  

 

Domestic or regional emissions trading schemes that use Kyoto units also undertake their settlement through these registry systems. For example, under the second phase of the European Union emissions trading scheme, EU allowances are specific Kyoto units which have been designated as being valid for trading under the scheme. Transactions in EU allowances are therefore recorded automatically as transactions under the Kyoto Protocol.

 

As EU trading legislation sets in place rules over and above those agreed for the Kyoto Protocol, a supplemental transaction log has been implemented by the European Commission. The Community Independent Transaction Log has been in place since the start of the scheme in 2005 and EU registries are now operating with it.

 

For the start of the Kyoto commitment period in 2008, EU registries are to switch their connections from the CITL to the ITL. The ITL will conduct “Kyoto checks” on transactions proposed by both EU and non-EU registries. In the case of transactions involving EU registries, the ITL will forward information to the CITL so that it can conduct “supplementary checks” defined under the EU scheme.

 

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International Transaction Log  

 

The ITL verifies transactions proposed by registries to ensure they are consistent with rules agreed under the Kyoto Protocol. Each registry sends transaction proposals to the ITL, which checks each proposal and returns to the registry its approval or rejection. Once approved, registries complete the transaction. In the event that a transaction is rejected, the ITL sends a code indicating which ITL check has been failed and the registry terminates the transaction.

 

Data Exchange Standards (1393 kB) coordinate the functions of systems when processing transactions. They define technical requirements for the communication between the ITL and registries. They also define the checks performed by the ITL, embodying the policy rules agreed by Parties for the accounting of their assigned amounts and their use of the Kyoto mechanisms.

Each registry is to be connected to the ITL through secure communication channels established across the Internet. These connections will allow a registry to receive an immediate response from the ITL, typically within a matter seconds after sending the transaction information.

 

The administrator of the ITL is the UNFCCC secretariat, which has awarded a contract for the development and operation of the ITL to leading companies in the field of IT services. The ITL is hosted at two commercially-operated data centres, one for primary operations and the other as a backup site, both located in the United Kingdom. A service desk, also based in the United Kingdom, has been put in place to support the administrators of the ITL, registries and the CITL.

 

Current status (14 November 2007)  

 

The ITL became operational with the CDM registry and Japanese registry today. All previous issuances of CERs in the CDM registry have been confirmed by the ITL as having been in accordance with Kyoto rules and the first CERs have been forwarded to the Japanese registry.

See pdf-icon press release.

 

It is expected that further non-European registries will be going live with the ITL in the next weeks. The go-live of European registries with the ITL, originally planned for mid-November 2007, has been postponed. The secretariat is informed that these registries are to join the ITL simultaneously, together with the EU’s transaction log (CITL) under its trading scheme. At present, delays in connecting the CITL to the ITL mean that it has not been possible to fully test the two systems together. The timing of when European registries and the CITL will be able to commence operations with the ITL depends on the readiness of the CITL.

 

Almost all Parties have now completed the initialization of their registry connections with the ITL. This process verifies that they meet all technical requirements prior to commencing live operations with the ITL. At present, only 1 European registry (Bulgaria) and 1 non-European registry (Canada) are yet to complete their technical testing (several more are in the process of completing their procedural documentation).

 

RSA Forum  

 

The ITL administrator has convened the Registry System Administrator Forum in order to ensure that technical and management issues across registry systems are affectively coordinated. The Forum met for the first time in April 2006 and typically meets as a full group three times a year. In addition, groups are established under the Forum to conduct more detailed work in preparing and implementing procedures of joint concern to administrators of all registry systems.

 

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Registry Functions  

 

Registries record the holdings of Kyoto units, and any transactions involving them, through a structure of accounts.  This is similar to the way that banks record balances and movements in money using accounts allocated to individuals or other entities. 

 

Data Exchange Standards (1393 kB) have been developed to coordinate the electronic messaging that occurs between registry systems when processing transactions.  The types of Kyoto units and transactions enabled by these standards are summarized in the tables below.  The ITL, CITL and registries also process unit types and transactions defined under other emissions trading schemes, such as EU allowances for the first phase of the EU trading scheme and other transaction sub-types defined under this scheme. 

 

The data held by registries is reconciled on a daily basis with data in the ITL and CITL. Procedures are in place for identifying and resolving any inconsistencies discovered.

 

 Kyoto units

 Unit

 Unit name

 Issuer

 Description

 Kyoto Protocol

 AAU

Assigned
Amount Units

National registry

 Units representing the initial assigned amount of each Annex B Party
 

 Article 3.7

 RMU

Removal
Units

National registry

Units given for net removals from land use, land-use change and forestry activities

 Article 3.3, 3.4

 ERU

Emission
Reduction
Units

National registry

Units converted from AAUs or RMUs on the basis of JI projects

 Article 6

 CER

Certified
Emissions
Reductions

CDM
registry

Credits given for emission reductions certified for a CDM project

 Article 12

 tCER

Temporary
CERs

CDM
registry

Credits given for emission removals certified for an afforestation or reforestation CDM project (to be replaced upon expiry at end of the second commitment period)

 Article 12

 lCER

Long-term
CERs

 CDM
registry

Credits given for emission removals certified for an A&R CDM project
(to be replaced upon expiry at end of the project’s crediting period or
in event of storage reversal or non-submission of a certification report)

 Article 12

 

Kyoto transaction types

Issuance

Initial creation of an AAU, RMU, CER, tCER or lCER

Conversion

Transformation of an AAU or RMU into an ERU based on a JI project

External transfer

External transfer of a unit from one registry to another registry

Cancellation

Internal transfer of a unit to a cancellation account, in order that it may not be used for compliance with an emission target

Replacement

Internal transfer of a unit to a replacement account, in order to replace tCERs or lCERs when required

Retirement

Internal transfer of a unit to a retirement account, in order that it can be used by the Annex B Party for compliance with its emission target

Carry-Over

Change of validity an AAU, ERU (only those converted from AAUs) or CER from one commitment period to the next

Expiry date change

Change in the expiry date of a tCER or lCER 

Internal transfer between holding accounts

Internal transfer of a unit between holding accounts within the same registry (the ITL does not verify such transactions but forwards them to the CITL to allow their verification under the EU  trading scheme)


 

Registry Initialization  

 

Prior to commencing live operations with the ITL, all registries need to demonstrate that they have properly implemented the Data Exchange Standards. Each registry therefore undertakes the initialization process with the ITL in order to demonstrate that it fulfils all required registry functions to the appropriate standard.

The initialization of registry connections with the ITL proceeds in three phases:

  • Documentation review: the operation of the registry is assessed by reviewing its technical and operational documentation

  • Connectivity testing: the ability of the registry to connect to the ITL is assessed by verifying that it can undertake basic communication steps with the ITL

  • Functional testing: the ability of the registry to carry out its required functions is assessed by verifying that it can undertake transaction, reconciliation and administrative processes, including for notifications, as specified in the data exchange standards

The assessment of the registry activities under this process is carried out by the ITL administrator.  The results of this assessment are contained in Independent Assessment Reports for each registry.

Once approved by the ITL administrator, the registry can in principle go live with the ITL, though the decision as to when the registry wishes to have this live link activated will often take account of other factors. Generally speaking, non-European registries can go live individually with the ITL while European registries may wish to go live together and simultaneously with the EU transaction log (the CITL).

For an up-to-date status of registry initialization and whether registries are live with the ITL, see the registry websites page.

 


 

Registry Websites  

 

The table below indicates which registries have completed the initialization process (and are therefore approved to go live with the ITL) and which registries have gone live with the ITL.

Click on the Party name to be routed to the registry websites.

 

Party

Initialization passed?

Live with ITL?

CDM Registry

Yes

Yes

Australia

 

 

Austria

Yes

 

Belgium

Yes

 

Bulgaria

   

Canada

   

Croatia

   

Czech Republic

Yes

 

Denmark

Yes

 

Estonia

Yes

 

European Community

   

Finland

Yes

 

France

Yes

 

Germany

Yes

 

Greece

Yes

 

Hungary

Yes

 

Iceland

Yes

 

Ireland

Yes

 

Italy

Yes

 

Japan

Yes

Yes

Latvia

Yes

 

Liechtenstein

Yes

 

Lithuania

Yes

 

Luxembourg

Yes

 

Monaco

   

Netherlands

Yes

 

New Zealand

Yes

Yes

Norway

Yes

 

Poland

Yes

 

Portugal

Yes

 

Romania

   

Russian Federation

Yes

Yes

Slovakia

Yes

 

Slovenia

Yes

 

Spain

Yes

 

Sweden

Yes

 

Switzerland

Yes

Yes

Ukraine

Yes

 

The United Kingdom of Great Britain and Northern Ireland

Yes

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Compliance under the Kyoto Protocol

 

What’s new:

 

Fifth Meeting of the Enforcement Branch

 

The fifth meeting of the enforcement branch of the Compliance Committee of the Kyoto Protocol will be held in Bonn, Germany from 14 to 16 June 2008.

pdf-icon more>> (67 kB)

 

 

Informal information notes by the secretariat on recent and current compliance cases

 

pdf-icon Greece>> (93 kB)

pdf-icon Canada>> (116 kB)

 


 

An Introduction to the Kyoto Protocol Compliance  Mechanism

The Kyoto Protocol compliance mechanism is designed to strengthen the Protocol’s environmental integrity, support the carbon market’s credibility and ensure transparency of accounting by Parties.  Its objective is to facilitate, promote and enforce compliance with the commitments under the Protocol.  It is among the most comprehensive and rigorous systems of compliance for a multilateral environmental agreement.  A strong and effective compliance mechanism is key to the success of the implementation of the Protocol.

 

The Compliance Committee is made up of two branches: a facilitative branch and an enforcement branch.  As their names suggest, the facilitative branch aims to provide advice and assistance to Parties in order to promote compliance, whereas the enforcement branch has the responsibility to determine consequences for Parties not meeting their commitments.  Both branches are composed of 10 members, including one representative from each of the five official UN regions (Africa, Asia, Latin America and the Caribbean, Central and Eastern Europe, and Western Europe and Others), one from the small island developing States, and two each from Annex I and non-Annex I Parties.  The Committee also meets in a plenary composed of members of both branches, and a bureau, made up of the chairperson and vice-chairperson of each branch, supports its work.  Decisions of the plenary and the facilitative branch may be taken by a three-quarters majority, while decisions of the enforcement branch require, in addition, a double majority of both Annex I and non-Annex I Parties.

 

Through its branches, the Committee considers questions of implementation which can be raised by expert review teams under Article 8 of the Protocol, any Party with respect to itself, or a Party with respect to another Party (supported by corroborating information).  Each Party designates an agent who signs submissions containing such questions, as well as comments.  The bureau of the Committee allocates a question of implementation to the appropriate branch, based on their mandates.  In addition, at any time during its consideration of a question of implementation, the enforcement branch may refer a question of implementation to the facilitative branch. 

 

The enforcement branch is responsible for determining whether a Party included in Annex I (Annex I Party) is not in compliance with its emissions targets, the methodological and reporting requirements for greenhouse gas inventories, and the eligibility requirements under the mechanisms.  In case of disagreements between a Party and an expert review team, the enforcement branch shall determine whether to apply adjustments to greenhouse gas inventories or to correct the compilation and accounting database for the accounting of assigned amounts.

 

The mandate of the facilitative branch is to provide advice and facilitation to Parties in implementing the Protocol, and to promote compliance by Parties with their Kyoto commitments.  It is responsible for addressing questions of implementation by Annex I Parties of response measures aimed at mitigating climate change in a way that minimizes their adverse impacts on developing countries and the use by Annex I Parties of the mechanisms as “supplemental” to domestic action.  Furthermore, the facilitative branch may provide “early warning” of potential non-compliance with emissions targets, methodological and reporting commitments relating to greenhouse gas inventories, and commitments on reporting supplementary information in a Party’s annual inventory.

 

The Committee must take into account any degree of flexibility allowed by the CMP for Annex I Parties undergoing the process of transition to a market economy.  In addition, the facilitative branch is to take into consideration the common but differentiated responsibilities of the Parties, and the circumstances pertaining to questions before it.

 

In the case of the enforcement branch, each type of non-compliance requires a specific course of action.  For instance, where the enforcement branch has determined that the emissions of a Party have exceeded its assigned amount, it must declare that that Party is in non-compliance and require the Party to make up the difference between its emissions and its assigned amount during the second commitment period, plus an additional deduction of 30%.  In addition, it shall require the Party to submit a compliance action plan and suspend the eligibility of the Party to make transfers under emissions trading until the Party is reinstated.

 

No such correspondence exists in the case of the facilitative branch, which can decide to provide advice and facilitation of assistance to individual Parties regarding the implementation of the Protocol, facilitate financial and technical assistance to any Party concerned, including technology transfer and capacity building and/or formulate recommendations to the Party concerned.

 

In the enforcement branch, questions of implementation will be resolved within approximately 35 weeks from receipt by the branch of the question of implementation.  In time-sensitive requests, including those relating to eligibility to participate in the mechanisms, the expedited procedures involving shorter periods will apply.  Apart from the three-week deadline given to complete its preliminary examination, no fixed deadlines are provided for the facilitative branch.

 

The branches of the Compliance Committee will base their deliberations on reports from expert review teams, the subsidiary bodies, Parties and other official sources.  Competent intergovernmental and non-governmental organizations may submit relevant factual and technical information to the relevant branch after the preliminary examination. There are detailed procedures with specific timeframes for the enforcement branch, including the opportunity for a Party facing the Compliance Committee to make formal written submissions and request a hearing where it can present its views and call on expert testimony.

Any Party not complying with reporting requirements must develop a compliance action plan as well, and Parties that are found not to meet the criteria for participating in the mechanisms will have their eligibility withdrawn.  In all cases, the enforcement branch will make a public declaration that the Party is in non-compliance and will also make public the consequences to be applied. 

 

If a Party’s eligibility is withdrawn or suspended, it may request, either through an expert review team or directly to the enforcement branch, to have its eligibility restored if it believes it has rectified the problem and is again meeting the relevant criteria. In the case of compliance with emission targets, Annex I Parties have 100 days after the expert review of their final annual emissions inventory has finished to make up any shortfall in compliance (e.g. by acquiring AAUs, CERs, ERUs or RMUs through emissions trading).  If, at the end of this period, a Party’s emissions are still greater than its assigned amount, the enforcement branch will declare the Party to be in non-compliance and apply the consequences outlined above.

 

As a general rule, decisions taken by the two branches of the Committee cannot be appealed.  The exception is a decision of the enforcement branch relating to emissions targets.  Even then, a Party can only appeal if it believes it has been denied due process.

 


 

Background

 

The last of the bodies established under the 1997 Kyoto Protocol, the treaty’s Compliance Committee is now fully operational.  In November 2006, the first annual report of the Committee was presented to the to CMP2.  The CMP approved the rules of procedure for the Committee, as recommended in the report.

pdf-icon Rules of Procedure of the Compliance Committee of the Kyoto Protocol (33 kB)

 

At CMP 1, the procedures and mechanisms relating to compliance under the Kyoto Protocol were adopted (in decision 27/CMP.1), the members and alternate members of the facilitative and enforcement branches were elected.  Later at their first meetings in March 2006, the chairperson and vice-chairperson of the branches were chosen.

pdf-icon Members and alternate members of the Compliance Committee (105 kB)

 

At COP 7, Parties adopted a decision on the compliance regime for the Kyoto Protocol, which is among the most comprehensive and rigorous in the international arena.  It provides for facilitation, promotion and enforcement of the Protocol’s commitments.

 

In decision 24/CP.7 of the Marrakesh Accords, COP 7 adopted the text containing procedures and mechanisms relating to compliance under the Kyoto Protocol, and recognized the need to prepare for the timely operation of the procedures and mechanisms relating to compliance under the Kyoto Protocol. The basis for electing members/alternates was also agreed in the same decision.  Decision 24/CP.7 was confirmed by the CMP in decision 27/CMP.1.  In addition, the first CMP also decided to consider an amendment to the Protocol in respect of procedures and mechanisms relating to compliance in terms of Articlee 18, with a view to making a decision by its third session.  The proposed amendment would make the consequences in decision 27/CMP.1 binding on Parties which ratified it, in conformity with Article 18 of the Protocol, which stipulates that any binding consequences shall be adopted by amendment.

 

Article 18 of the Kyoto Protocol calls on the CMP to approve, at its first session, "procedures and mechanisms" to determine and address cases of non-compliance with the Protocol.  At COP 4 (Buenos Aires, November 1998), Parties established a joint working group (JWG) on compliance to develop a compliance system under the Protocol, with a view to adopting a decision on this issue at COP 6 (The Hague, November 2000).  The “Buenos Aires Plan of Action” adopted at COP 4 called for work on, among other things, the preparations for CMP 1, including the elements of the Protocol related to compliance.

At COP 6 in The Hague, however, Parties were unable to reach agreement on the package of decisions under the Buenos Aires Plan of Action. In the case of compliance, key outstanding issues included what the consequences of non-compliance should be and the membership of the Compliance Committee.  As with other issues, the negotiating texts on compliance were forwarded to a resumed session of COP 6 for further consideration.

 

At COP 6 part II, Parties adopted the Bonn Agreements on the Implementation of the Buenos Aires Plan of Action, registering political agreement on key issues, including on compliance.  Parties also continued work at COP 6 part II on procedures and mechanisms relating to compliance, based on the Bonn Agreements.  Although considerable progress was made, outstanding points remained and the draft decision was forwarded to COP 7 (Marrakesh, October/November 2001) for further elaboration, completion and adoption.

 

 (PDF) The Compliance System (117 kB)

 

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