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
decision 10/CMP.2. The decision was adopted in
accordance with Article 20 and 21 of the Kyoto Protocol,
based on a
proposal from Belarus to amend Annex B to the Kyoto
Protocol, which was submitted in March 2006.
The
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 (
decision 11/CMP.1);
-
CDM eligibility requirements are reflected in section F
in the modalities and procedures (
decision 3/CMP.1);
-
JI eligibility requirements are reflected in section D
in the Guidelines for implementation of Article 6 of the Kyoto Protocol (
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.
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
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.
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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.
more>> (67 kB)
Informal information notes by the secretariat on
recent and current compliance cases
Greece>> (93 kB)
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.
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.
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.
The Compliance System (117 kB)