-KYOTO PROTOCOL- - -KINGDOM OF JOGA-

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-as of [29 SEPTEMBER 2024]-

*the ‘Kyoto Protocol’ is an ‘international treaty’ which extends the ‘1992 United Nations Framework Convention on Climate Change’ (UNFCCC) that commits ‘state parties’ to reduce ‘greenhouse gas emissions’, based on the ‘scientific consensus’ that…*

(part 1)

global warming is occurring

(part 2)

that human-made CO2 emissions are driving it

The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997 and entered into force on 16 February 2005.

There are currently 192 parties (Canada withdrew from the protocol, effective December 2012)[4] to the Protocol.

The Kyoto Protocol implemented the objective of the UNFCCC to reduce the onset of global warming by reducing greenhouse gas concentrations in the atmosphere to “a level that would prevent dangerous anthropogenic interference with the climate system” (Article 2)

The Kyoto Protocol applies to the six greenhouse gases listed in Annex A:

carbon dioxide (CO2),

Methane (CH4),

nitrous oxide (N2O),

hydrofluorocarbons (HFCs),

perfluorocarbons (PFCs),

and sulfur hexafluoride (SF6)

The Protocol is based on the principle of common but differentiated responsibilities:

it acknowledges that individual countries have different capabilities in combating climate change, owing to economic development, and therefore puts the obligation to reduce current emissions on developed countries on the basis that they are historically responsible for the current levels of greenhouse gases in the atmosphere.

The Protocol’s first commitment period started in 2008 and ended in 2012.

All 36 countries that fully participated in the first commitment period complied with the Protocol.

However, nine countries had to resort to the flexibility mechanisms by funding emission reductions in other countries because their national emissions were slightly greater than their targets.

The financial crisis of 2007–08 helped reduce the emissions. The greatest emission reductions were seen in the former Eastern Bloc countries because the dissolution of the Soviet Union reduced their emissions in the early 1990s.[7] Even though the 36 developed countries reduced their emissions, the global emissions increased by 32% from 1990 to 2010.[8]

A second commitment period was agreed in 2012, known as the Doha Amendment to the Kyoto Protocol, in which 37 countries have binding targets: Australia, the European Union (and its then 28 member states, now 27), Belarus, Iceland, Kazakhstan, Liechtenstein, Norway, Switzerland, and Ukraine. Belarus, Kazakhstan, and Ukraine have stated that they may withdraw from the Kyoto Protocol or not put into legal force the Amendment with second round targets.[9] Japan, New Zealand, and Russia have participated in Kyoto’s first-round but have not taken on new targets in the second commitment period. Other developed countries without second-round targets are Canada (which withdrew from the Kyoto Protocol in 2012) and the United States (which has not ratified). As of October 2020, 147[5][10] states have accepted the Doha Amendment. It will enter into force as of 31 December 2020, following its acceptances by 144 states. Of the 37 parties with binding commitments, 34 have ratified.

Negotiations were held in the framework of the yearly UNFCCC Climate Change Conferences on measures to be taken after the second commitment period ends in 2020. This resulted in the 2015 adoption of the Paris Agreement, which is a separate instrument under the UNFCCC rather than an amendment of the Kyoto Protocol.

Background[edit]
Refer to caption

Kyoto Parties with first period (2008–12) greenhouse gas emissions limitations targets, and the percentage change in their carbon dioxide emissions from fuel combustion between 1990 and 2009. For more detailed country/region information, see Kyoto Protocol and government action.

Refer to caption

Overview map of states committed to greenhouse gas (GHG) limitations in the first Kyoto Protocol period (2008–12):[11]

Annex I Parties who have agreed to reduce their GHG emissions below their individual base year levels (see definition in this article)

Annex I Parties who have agreed to cap their GHG emissions at their base year levels

Non-Annex I Parties who are not obligated by caps or Annex I Parties with an emissions cap that allows their emissions to expand above their base year levels or countries that have not ratified the Kyoto Protocol

For specific emission reduction commitments of Annex I Parties, see the section of the article on 2012 emission targets and “flexible mechanisms”.

The European Union as a whole has, in accordance with this treaty, committed itself to a reduction of 8%. However, many member states (such as Greece, Spain, Ireland and Sweden) have not committed themselves to any reduction while France has committed itself not to expand its emissions (0% reduction).[12]

The view that human activities are likely responsible for most of the observed increase in global mean temperature (“global warming”) since the mid-20th century is an accurate reflection of current scientific thinking.[13][14] Human-induced warming of the climate is expected to continue throughout the 21st century and beyond.[14]

The Intergovernmental Panel on Climate Change (IPCC, 2007) have produced a range of projections of what the future increase in global mean temperature might be.[15]

The IPCC’s projections are “baseline” projections, meaning that they assume no future efforts are made to reduce greenhouse gas emissions. The IPCC projections cover the time period from the beginning of the 21st century to the end of the 21st century.[15][16] The “likely” range (as assessed to have a greater than 66% probability of being correct, based on the IPCC’s expert judgment) is a projected increase in global mean temperature over the 21st century of between 1.1 and 6.4 °C.[15]

The range in temperature projections partly reflects different projections of future greenhouse gas emissions.[17]:22–24 Different projections contain different assumptions of future social and economic development (economic growth, population level, energy policies), which in turn affects projections of future greenhouse gas (GHG) emissions.[17]:22–24 The range also reflects uncertainty in the response of the climate system to past and future GHG emissions (measured by the climate sensitivity).[17]:22–24

Chronology[edit]
1992 – The UN Conference on the Environment and Development is held in Rio de Janeiro. It results in the Framework Convention on Climate Change (“FCCC” or “UNFCCC”) among other agreements.

1995 – Parties to the UNFCCC meet in Berlin (the 1st Conference of Parties (COP) to the UNFCCC) to outline specific targets on emissions.

1997 – In December the parties conclude the Kyoto Protocol in Kyoto, Japan, in which they agree to the broad outlines of emissions targets.

2004 – Russia and Canada ratify the Kyoto Protocol to the UNFCCC bringing the treaty into effect on 16 February 2005.

2011 – Canada became the first signatory to announce its withdrawal from the Kyoto Protocol.[18]

2012 – On 31 December 2012, the first commitment period under the Protocol expired.

Article 2 of the UNFCCC[edit]
Most countries are Parties to the United Nations Framework Convention on Climate Change (UNFCCC).[19] Article 2 of the Convention states its ultimate objective, which is to stabilize the concentration of greenhouse gases in the atmosphere “at a level that would prevent dangerous anthropogenic (human) interference with the climate system.”[20]

The natural, technical and social sciences can provide information on decisions relating to this objective including the possible magnitude and rate of future climate changes.[20] However, the IPCC has also concluded that the decision of what constitutes “dangerous” interference requires value judgements, which will vary between different regions of the world.[20] Factors that might affect this decision include the local consequences of climate change impacts, the ability of a particular region to adapt to climate change (adaptive capacity), and the ability of a region to reduce its GHG emissions (mitigative capacity).[20]

Objectives[edit]
Atmospheric greenhouse gas concentrations

Refer to caption

In order to stabilize the atmospheric concentration of CO
2, emissions worldwide would need to be dramatically reduced from their present level.[21]

The main goal of the Kyoto Protocol is to control emissions of the main anthropogenic (human-emitted) greenhouse gases (GHGs) in ways that reflect underlying national differences in GHG emissions, wealth, and capacity to make the reductions.[22] The treaty follows the main principles agreed in the original 1992 UN Framework Convention.[22] According to the treaty, in 2012, Annex I Parties who have ratified the treaty must have fulfilled their obligations of greenhouse gas emissions limitations established for the Kyoto Protocol’s first commitment period (2008–2012). These emissions limitation commitments are listed in Annex B of the Protocol.

The Kyoto Protocol’s first round commitments are the first detailed step taken within the UN Framework Convention on Climate Change.[23] The Protocol establishes a structure of rolling emission reduction commitment periods. It set a timetable starting in 2006 for negotiations to establish emission reduction commitments for a second commitment period.[24] The first period emission reduction commitments expired on 31 December 2012.

The ultimate objective of the UNFCCC is the “stabilization of greenhouse gas concentrations in the atmosphere at a level that would stop dangerous anthropogenic interference with the climate system.”[25] Even if Annex I Parties succeed in meeting their first-round commitments, much greater emission reductions will be required in future to stabilize atmospheric GHG concentrations.[24][26]

For each of the different anthropogenic GHGs, different levels of emissions reductions would be required to meet the objective of stabilizing atmospheric concentrations (see United Nations Framework Convention on Climate Change#Stabilization of greenhouse gas concentrations).[27] Carbon dioxide (CO
2) is the most important anthropogenic GHG.[28] Stabilizing the concentration of CO
2 in the atmosphere would ultimately require the effective elimination of anthropogenic CO
2 emissions.[27]

Some of the principal concepts of the Kyoto Protocol are:

Binding commitments for the Annex I Parties. The main feature of the Protocol[29] is that it established legally binding commitments to reduce emissions of greenhouse gases for Annex I Parties. The commitments were based on the Berlin Mandate, which was a part of UNFCCC negotiations leading up to the Protocol.[30][31]:290
Implementation. In order to meet the objectives of the Protocol, Annex I Parties are required to prepare policies and measures for the reduction of greenhouse gases in their respective countries. In addition, they are required to increase the absorption of these gases and utilize all mechanisms available, such as joint implementation, the clean development mechanism and emissions trading, in order to be rewarded with credits that would allow more greenhouse gas emissions at home.
Minimizing Impacts on Developing Countries by establishing an adaptation fund for climate change.
Accounting, Reporting and Review in order to ensure the integrity of the Protocol.
Compliance. Establishing a Compliance Committee to enforce compliance with the commitments under the Protocol.
First commitment period: 2008–2012[edit]
Under the Kyoto Protocol, 37 industrialized countries and the European Community (the European Union-15, made up of 15 states at the time of the Kyoto negotiations) commit themselves to binding targets for GHG emissions.[29] The targets apply to the four greenhouse gases carbon dioxide (CO
2), methane (CH
4), nitrous oxide (N
2O), sulphur hexafluoride (SF
6), and two groups of gases, hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs).[32] The six GHG are translated into CO2 equivalents in determining reductions in emissions.[33] These reduction targets are in addition to the industrial gases, chlorofluorocarbons, or CFCs, which are dealt with under the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer.

Under the Protocol, only the Annex I Parties have committed themselves to national or joint reduction targets (formally called “quantified emission limitation and reduction objectives” (QELRO) – Article 4.1).[34] Parties to the Kyoto Protocol not listed in Annex I of the Convention (the non-Annex I Parties) are mostly low-income developing countries,[35]:4 and may participate in the Kyoto Protocol through the Clean Development Mechanism (explained below).[24]

The emissions limitations of Annex I Parties varies between different Parties.[36] Some Parties have emissions limitations reduce below the base year level, some have limitations at the base year level (no permitted increase above the base year level), while others have limitations above the base year level.

Emission limits do not include emissions by international aviation and shipping.[37] Although Belarus and Turkey are listed in the Convention’s Annex I, they do not have emissions targets as they were not Annex I Parties when the Protocol was adopted.[36] Kazakhstan does not have a target, but has declared that it wishes to become an Annex I Party to the Convention.[38]

show

Annex I countries under the Kyoto Protocol, their 2008–2012 commitments as % of base year, and 1990 emission levels (% of all Annex I countries)[36][39]

For most state parties, 1990 is the base year for the national GHG inventory and the calculation of the assigned amount.[40] However, five state parties have an alternative base year:[40]

Bulgaria: 1988;
Hungary: the average of the years 1985–1987;
Poland: 1988;
Romania: 1989;
Slovenia: 1986.
Annex I Parties can use a range of sophisticated “flexibility” mechanisms (see below) to meet their targets. Annex I Parties can achieve their targets by allocating reduced annual allowances to major operators within their borders, or by allowing these operators to exceed their allocations by offsetting any excess through a mechanism that is agreed by all the parties to the UNFCCC, such as by buying emission allowances from other operators which have excess emissions credits.

Flexibility mechanisms[edit]
The Protocol defines three “flexibility mechanisms” that can be used by Annex I Parties in meeting their emission limitation commitments.[41]:402 The flexibility mechanisms are International Emissions Trading (IET), the Clean Development Mechanism (CDM), and Joint Implementation (JI). IET allows Annex I Parties to “trade” their emissions (Assigned Amount Units, AAUs, or “allowances” for short).[42]

The economic basis for providing this flexibility is that the marginal cost of reducing (or abating) emissions differs among countries.[43]:660[44] “Marginal cost” is the cost of abating the last tonne of CO
2-eq for an Annex I/non-Annex I Party. At the time of the original Kyoto targets, studies suggested that the flexibility mechanisms could reduce the overall (aggregate) cost of meeting the targets.[45] Studies also showed that national losses in Annex I gross domestic product (GDP) could be reduced by the use of the flexibility mechanisms.[45]

The CDM and JI are called “project-based mechanisms,” in that they generate emission reductions from projects. The difference between IET and the project-based mechanisms is that IET is based on the setting of a quantitative restriction of emissions, while the CDM and JI are based on the idea of “production” of emission reductions.[43] The CDM is designed to encourage production of emission reductions in non-Annex I Parties, while JI encourages production of emission reductions in Annex I Parties.

The production of emission reductions generated by the CDM and JI can be used by Annex I Parties in meeting their emission limitation commitments.[46] The emission reductions produced by the CDM and JI are both measured against a hypothetical baseline of emissions that would have occurred in the absence of a particular emission reduction project. The emission reductions produced by the CDM are called Certified Emission Reductions (CERs); reductions produced by JI are called Emission Reduction Units (ERUs). The reductions are called “credits” because they are emission reductions credited against a hypothetical baseline of emissions.[47][48]

Only emission reduction projects that do not involve using nuclear energy are eligible for accreditation under the CDM, in order to prevent nuclear technology exports from becoming the default route for obtaining credits under the CDM.

Each Annex I country is required to submit an annual report of inventories of all anthropogenic greenhouse gas emissions from sources and removals from sinks under UNFCCC and the Kyoto Protocol. These countries nominate a person (called a “designated national authority”) to create and manage its greenhouse gas inventory. Virtually all of the non-Annex I countries have also established a designated national authority to manage their Kyoto obligations, specifically the “CDM process”. This determines which GHG projects they wish to propose for accreditation by the CDM Executive Board.

International emissions trading[edit]
A number of emissions trading schemes (ETS) have been, or are planned to be, implemented.[49]:19–26

Asia[edit]
Japan: emissions trading in Tokyo started in 2010. This scheme is run by the Tokyo Metropolitan Government.[49]:24
Europe[edit]
European Union: the European Union Emission Trading Scheme (EU ETS), which started in 2005. This is run by the European Commission.[49]:20
Norway: domestic emissions trading in Norway started in 2005.[49]:21 This was run by the Norwegian Government, which is now a participant in the EU ETS.
Switzerland: the Swiss ETS, which runs from 2008 to 2012, to coincide with the Kyoto Protocol’s first commitment period.[49]:22
United Kingdom:
the UK Emissions Trading Scheme, which ran from 2002–06. This was a scheme run by the UK Government, which is now a participant in the EU ETS.[49]:19
the UK CRC Energy Efficiency Scheme, which started in 2010, and is run by the UK Government.[49]:25
North America[edit]
Canada: emissions trading in Alberta, Canada, which started in 2007. This is run by the Government of Alberta.[49]:22
United States:
the Regional Greenhouse Gas Initiative (RGGI), which started in 2009. This scheme caps emissions from power generation in eleven north-eastern US states (Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and Virginia).[49]:24[failed verification]
emissions trading in California, which started in 2013.[49]:26
the Western Climate Initiative (WCI), which began in 2012. This is a collective ETS agreed between 11 US states and Canadian provinces.[49]:25
Oceania[edit]
Australia: the New South Wales Greenhouse Gas Reduction Scheme (NSW), which started in 2003. This scheme is run by the Australian State of New South Wales, and has now joined the Alfa Climate Stabilization (ACS).[49]:19
New Zealand: the New Zealand Emissions Trading Scheme, which started in 2008.[49]:23
Intergovernmental emissions trading[edit]
The design of the European Union Emissions Trading Scheme (EU ETS) implicitly allows for trade of national Kyoto obligations to occur between participating countries (Carbon Trust, 2009, p. 24).[50] Carbon Trust (2009, pp. 24–25) found that other than the trading that occurs as part of the EU ETS, no intergovernmental emissions trading had taken place.[50]

One of the environmental problems with IET is the large surplus of allowances that are available. Russia, Ukraine, and the new EU-12 member states (the Kyoto Parties Annex I Economies-in-Transition, abbreviated “EIT”: Belarus, Bulgaria, Croatia, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Russia, Slovakia, Slovenia, and Ukraine)[51]:59 have a surplus of allowances, while many OECD countries have a deficit.[50]:24 Some of the EITs with a surplus regard it as potential compensation for the trauma of their economic restructuring.[50]:25 When the Kyoto treaty was negotiated, it was recognized that emissions targets for the EITs might lead to them having an excess number of allowances.[52] This excess of allowances were viewed by the EITs as “headroom” to grow their economies.[53] The surplus has, however, also been referred to by some as “hot air,” a term which Russia (a country with an estimated surplus of 3.1 billion tonnes of carbon dioxide equivalent allowances) views as “quite offensive.”[54]

OECD countries with a deficit could meet their Kyoto commitments by buying allowances from transition countries with a surplus. Unless other commitments were made to reduce the total surplus in allowances, such trade would not actually result in emissions being reduced[50]:25 (see also the section below on the Green Investment Scheme).

“Green Investment Schemes”[edit]
The “Green Investment Scheme” (GIS) is a plan for achieving environmental benefits from trading surplus allowances (AAUs) under the Kyoto Protocol.[55] The Green Investment Scheme (GIS), a mechanism in the framework of International Emissions Trading (IET), is designed to achieve greater flexibility in reaching the targets of the Kyoto Protocol while preserving environmental integrity of IET. However, using the GIS is not required under the Kyoto Protocol, and there is no official definition of the term.[55]

Under the GIS a party to the protocol expecting that the development of its economy will not exhaust its Kyoto quota, can sell the excess of its Kyoto quota units (AAUs) to another party. The proceeds from the AAU sales should be “greened”, i.e. channelled to the development and implementation of the projects either acquiring the greenhouse gases emission reductions (hard greening) or building up the necessary framework for this process (soft greening).[50]:25

Trade in AAUs[edit]
Latvia was one of the front-runners of GISs. World Bank (2011)[56]:53 reported that Latvia has stopped offering AAU sales because of low AAU prices. In 2010, Estonia was the preferred source for AAU buyers, followed by the Czech Republic and Poland.[56]:53

Japan’s national policy to meet their Kyoto target includes the purchase of AAUs sold under GISs.[57] In 2010, Japan and Japanese firms were the main buyers of AAUs.[56]:53 In terms of the international carbon market, trade in AAUs are a small proportion of overall market value.[56]:9 In 2010, 97% of trade in the international carbon market was driven by the European Union Emission Trading Scheme (EU ETS).[56]:9 However, firms regulated under the EU ETS are unable to use AAUs in meeting their emissions caps.[58]

Clean Development Mechanism[edit]
Between 2001, which was the first year Clean Development Mechanism (CDM) projects could be registered, and 2012, the end of the first Kyoto commitment period, the CDM is expected to produce some 1.5 billion tons of carbon dioxide equivalent (CO2e) in emission reductions.[59] Most of these reductions are through renewable energy commercialisation, energy efficiency, and fuel switching (World Bank, 2010, p. 262). By 2012, the largest potential for production of CERs are estimated in China (52% of total CERs) and India (16%). CERs produced in Latin America and the Caribbean make up 15% of the potential total, with Brazil as the largest producer in the region (7%).

Joint Implementation[edit]
The formal crediting period for Joint Implementation (JI) was aligned with the first commitment period of the Kyoto Protocol, and did not start until January 2008 (Carbon Trust, 2009, p. 20).[50] In November 2008, only 22 JI projects had been officially approved and registered. The total projected emission savings from JI by 2012 are about one tenth that of the CDM. Russia accounts for about two-thirds of these savings, with the remainder divided up roughly equally between the Ukraine and the EU’s New Member States. Emission savings include cuts in methane, HFC, and N2O emissions.

Stabilization of GHG concentrations[edit]
As noted earlier on, the first-round Kyoto emissions limitation commitments are not sufficient to stabilize the atmospheric concentration of GHGs. Stabilization of atmospheric GHG concentrations will require further emissions reductions after the end of the first-round Kyoto commitment period in 2012.[24][26]

Background[edit]
Refer to caption

Indicative probabilities of exceeding various increases in global mean temperature for different stabilization levels of atmospheric GHG concentrations.[60]

Refer to caption

Different targets for stabilization require different levels of cuts in emissions over time.[61] Lower stabilization targets require global emissions to be reduced more sharply in the near-term.[61]

Analysts have developed scenarios of future changes in GHG emissions that lead to a stabilization in the atmospheric concentrations of GHGs.[62] Climate models suggest that lower stabilization levels are associated with lower magnitudes of future global warming, while higher stabilization levels are associated with higher magnitudes of future global warming (see figure opposite).[60]

To achieve stabilization, global GHG emissions must peak, then decline.[63] The lower the desired stabilization level, the sooner this peak and decline must occur (see figure opposite).[63] For a given stabilization level, larger emissions reductions in the near term allow for less stringent emissions reductions later.[64] On the other hand, less stringent near term emissions reductions would, for a given stabilization level, require more stringent emissions reductions later on.[64]

The first period Kyoto emissions limitations can be viewed as a first-step towards achieving atmospheric stabilization of GHGs.[23] In this sense, the first period Kyoto commitments may affect what future atmospheric stabilization level can be achieved.[65]

Relation to temperature targets[edit]
At the 16th Conference of the Parties held in 2010, Parties to the UNFCCC agreed that future global warming should be limited below 2°C relative to the pre-industrial temperature level.[66] One of the stabilization levels discussed in relation to this temperature target is to hold atmospheric concentrations of GHGs at 450 parts per million (ppm) CO
2- eq.[67] Stabilization at 450 ppm could be associated with a 26 to 78% risk of exceeding the 2 °C target.[68]

Scenarios assessed by Gupta et al. (2007)[69] suggest that Annex I emissions would need to be 25% to 40% below 1990 levels by 2020, and 80% to 95% below 1990 levels by 2050. The only Annex I Parties to have made voluntary pledges in line with this are Japan (25% below 1990 levels by 2020) and Norway (30–40% below 1990 levels by 2020).[70]

Gupta et al. (2007)[69] also looked at what 450 ppm scenarios projected for non-Annex I Parties. Projections indicated that by 2020, non-Annex I emissions in several regions (Latin America, the Middle East, East Asia, and centrally planned Asia) would need to be substantially reduced below “business-as-usual”.[69] “Business-as-usual” are projected non-Annex I emissions in the absence of any new policies to control emissions. Projections indicated that by 2050, emissions in all non-Annex I regions would need to be substantially reduced below “business-as-usual”.[69]

Details of the agreement[edit]
The agreement is a protocol to the United Nations Framework Convention on Climate Change (UNFCCC) adopted at the Earth Summit in Rio de Janeiro in 1992, which did not set any legally binding limitations on emissions or enforcement mechanisms. Only Parties to the UNFCCC can become Parties to the Kyoto Protocol. The Kyoto Protocol was adopted at the third session of the Conference of Parties to the UNFCCC (COP 3) in 1997 in Kyoto, Japan.

National emission targets specified in the Kyoto Protocol exclude international aviation and shipping. Kyoto Parties can use land use, land use change, and forestry (LULUCF) in meeting their targets.[71] LULUCF activities are also called “sink” activities. Changes in sinks and land use can have an effect on the climate,[72] and indeed the Intergovernmental Panel on Climate Change’s Special Report on Land use, land-use change, and forestry estimates that since 1750 a third of global warming has been caused by land use change.[73] Particular criteria apply to the definition of forestry under the Kyoto Protocol.

Forest management, cropland management, grazing land management, and revegetation are all eligible LULUCF activities under the Protocol.[74] Annex I Parties use of forest management in meeting their targets is capped.[74]

Negotiations[edit]
Article 4.2 of the UNFCCC commits industrialized countries to “[take] the lead” in reducing emissions.[75] The initial aim was for industrialized countries to stabilize their emissions at 1990 levels by the year 2000.[75] The failure of key industrialized countries to move in this direction was a principal reason why Kyoto moved to binding commitments.[75]

At the first UNFCCC Conference of the Parties in Berlin, the G77 was able to push for a mandate (the “Berlin mandate”) where it was recognized that:[76]

developed nations had contributed most to the then-current concentrations of GHGs in the atmosphere (see Greenhouse gas#Cumulative and historical emissions).
developing country emissions per-capita (i.e., average emissions per head of population)[77] were still relatively low.
and that the share of global emissions from developing countries would grow to meet their development needs.
During negotiations, the G-77 represented 133 developing countries. China was not a member of the group but an associate.[78] It has since become a member.[79]

The Berlin mandate was recognized in the Kyoto Protocol in that developing countries were not subject to emission reduction commitments in the first Kyoto commitment period.[76] However, the large potential for growth in developing country emissions made negotiations on this issue tense.[80] In the final agreement, the Clean Development Mechanism was designed to limit emissions in developing countries, but in such a way that developing countries do not bear the costs for limiting emissions.[80] The general assumption was that developing countries would face quantitative commitments in later commitment periods, and at the same time, developed countries would meet their first round commitments.[80]

Emissions cuts[edit]
Views on the Kyoto Protocol#Commentaries on negotiations contains a list of the emissions cuts that were proposed by UNFCCC Parties during negotiations. The G77 and China were in favour of strong uniform emission cuts across the developed world.[81] The US originally proposed for the second round of negotiations on Kyoto commitments to follow the negotiations of the first.[82] In the end, negotiations on the second period were set to open no later than 2005.[82] Countries over-achieving in their first period commitments can “bank” their unused allowances for use in the subsequent period.[82]

The EU initially argued for only three GHGs to be included – CO
2, CH
4, and N
2O – with other gases such as HFCs regulated separately.[81] The EU also wanted to have a “bubble” commitment, whereby it could make a collective commitment that allowed some EU members to increase their emissions, while others cut theirs.[81]

The most vulnerable nations – the Alliance of Small Island States (AOSIS) – pushed for deep uniform cuts by developed nations, with the goal of having emissions reduced to the greatest possible extent.[81] Countries that had supported differentiation of targets had different ideas as to how it should be calculated, and many different indicators were proposed.[83] Two examples include differentiation of targets based on gross domestic product (GDP), and differentiation based on energy intensity (energy use per unit of economic output).[83]

The final targets negotiated in the Protocol are the result of last minute political compromises.[81] The targets closely match those decided by Argentinian Raul Estrada, the diplomat who chaired the negotiations.[84] The numbers given to each Party by Chairman Estrada were based on targets already pledged by Parties, information received on latest negotiating positions, and the goal of achieving the strongest possible environmental outcome.[85] The final targets are weaker than those proposed by some Parties, e.g., the Alliance of Small Island States and the G-77 and China, but stronger than the targets proposed by others, e.g., Canada and the United States.[86]

Financial commitments[edit]
The Protocol also reaffirms the principle that developed countries have to pay billions of dollars, and supply technology to other countries for climate-related studies and projects. The principle was originally agreed in UNFCCC. One such project is The Adaptation Fund,[87] which has been established by the Parties to the Kyoto Protocol of the UN Framework Convention on Climate Change to finance concrete adaptation projects and programmes in developing countries that are Parties to the Kyoto Protocol.

Implementation provisions[edit]
The protocol left several issues open to be decided later by the sixth Conference of Parties COP6 of the UNFCCC, which attempted to resolve these issues at its meeting in the Hague in late 2000, but it was unable to reach an agreement due to disputes between the European Union (who favoured a tougher implementation) and the United States, Canada, Japan and Australia (who wanted the agreement to be less demanding and more flexible).

In 2001, a continuation of the previous meeting (COP6-bis) was held in Bonn,[88] where the required decisions were adopted. After some concessions, the supporters of the protocol (led by the European Union) managed to secure the agreement of Japan and Russia by allowing more use of carbon dioxide sinks.

COP7 was held from 29 October 2001 through 9 November 2001 in Marrakech to establish the final details of the protocol.

The first Meeting of the Parties to the Kyoto Protocol (MOP1) was held in Montreal from 28 November to 9 December 2005, along with the 11th conference of the Parties to the UNFCCC (COP11). See United Nations Climate Change Conference.

During COP13 in Bali, 36 developed Contact Group countries (plus the EU as a party in the European Union) agreed to a 10% emissions increase for Iceland; but, since the EU’s member states each have individual obligations,[89] much larger increases (up to 27%) are allowed for some of the less developed EU countries (see below Kyoto Protocol#Increase in greenhouse gas emission since 1990).[90] Reduction limitations expired in 2013.

Mechanism of compliance[edit]
The protocol defines a mechanism of “compliance” as a “monitoring compliance with the commitments and penalties for non-compliance.”[91] According to Grubb (2003),[92] the explicit consequences of non-compliance of the treaty are weak compared to domestic law.[92] Yet, the compliance section of the treaty was highly contested in the Marrakesh Accords.[92]

Enforcement[edit]
If the enforcement branch determines that an Annex I country is not in compliance with its emissions limitation, then that country is required to make up the difference during the second commitment period plus an additional 30%. In addition, that country will be suspended from making transfers under an emissions trading program.[93]

Ratification process[edit]
The Protocol was adopted by COP 3 of UNFCCC on 11 December 1997 in Kyoto, Japan. It was opened on 16 March 1998 for signature during one year by parties to UNFCCC, when it was signed Antigua and Barbuda, Argentina, the Maldives, Samoa, St. Lucia and Switzerland. At the end of the signature period, 82 countries and the European Community had signed. Ratification (which is required to become a party to the Protocol) started on 17 September with ratification by Fiji. Countries that did not sign acceded to the convention, which has the same legal effect.[1]

Article 25 of the Protocol specifies that the Protocol enters 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% of the total carbon dioxide emissions for 1990 of the Annex I countries, have deposited their instruments of ratification, acceptance, approval or accession.”[94]

The EU and its Member States ratified the Protocol in May 2002.[95] Of the two conditions, the “55 parties” clause was reached on 23 May 2002 when Iceland ratified the Protocol.[1] The ratification by Russia on 18 November 2004 satisfied the “55%” clause and brought the treaty into force, effective 16 February 2005, after the required lapse of 90 days.[96]

As of May 2013, 191 countries and one regional economic organization (the EC) have ratified the agreement, representing over 61.6% of the 1990 emissions from Annex I countries.[97] One of the 191 ratifying states—Canada—has renounced the protocol.

Non-ratification by the US[edit]
The US signed the Protocol on 12 November 1998,[98] during the Clinton presidency. To become binding in the US, however, the treaty had to be ratified by the Senate, which had already passed the 1997 non-binding Byrd-Hagel Resolution, expressing disapproval of any international agreement that did not require developing countries to make emission reductions and “would seriously harm the economy of the United States”. The resolution passed 95–0.[99] Therefore, even though the Clinton administration signed the treaty,[100] it was never submitted to the Senate for ratification.

When George W. Bush was elected US president in 2000, he was asked by US Senator Chuck Hagel what his administration’s position was on climate change. Bush replied that he took climate change “very seriously”,[101] but that he opposed the Kyoto treaty because “it exempts 80% of the world, including major population centers such as China and India, from compliance, and would cause serious harm to the US economy.”[102] The Tyndall Centre for Climate Change Research reported in 2001:

This policy reversal received a massive wave of criticism that was quickly picked up by the international media. Environmental groups blasted the White House, while Europeans and Japanese alike expressed deep concern and regret. […] Almost all world leaders (e.g. China, Japan, South Africa, Pacific Islands, etc.) expressed their disappointment at Bush’s decision.

In response to this criticism, Bush stated: “I was responding to reality, and reality is the nation has got a real problem when it comes to energy”. The Tyndall Centre called this “an overstatement used to cover up the big benefactors of this policy reversal, i.e., the US oil and coal industry, which has a powerful lobby with the administration and conservative Republican congressmen.”[103]

As of 2020, the US is the only signatory that has not ratified the Protocol.[104] The US accounted for 36% of emissions in 1990. As such, for the treaty to go into legal effect without US ratification, it would require a coalition including the EU, Russia, Japan, and small parties. A deal, without the US Administration, was reached in the Bonn climate talks (COP-6.5), held in 2001.[105]

Withdrawal of Canada[edit]
In 2011, Canada, Japan and Russia stated that they would not take on further Kyoto targets.[106] The Canadian government announced its withdrawal—possible at any time three years after ratification—from the Kyoto Protocol on 12 December 2011, effective 15 December 2012.[107] Canada was committed to cutting its greenhouse emissions to 6% below 1990 levels by 2012, but in 2009 emissions were 17% higher than in 1990. The Harper government prioritized oil sands development in Alberta, and deprioritized the reduction of greenhouse emissions. Environment minister Peter Kent cited Canada’s liability to “enormous financial penalties” under the treaty unless it withdrew.[106][108] He also suggested that the recently signed Durban agreement may provide an alternative way forward.[109] The Harper government claimed it would find a “Made in Canada” solution. Canada’s decision received a generally negative response from representatives of other ratifying countries.[109]

Other states and territories where the treaty is not applicable[edit]
Andorra, Palestine, South Sudan, the United States and, following their withdrawal on 15 December 2012, Canada are the only UNFCCC Parties that are not party to the Protocol. Furthermore, the Protocol is not applied to UNFCCC observer the Holy See. Although the Kingdom of the Netherlands approved the protocol for the whole Kingdom, it did not deposit an instrument of ratification for Aruba, Curaçao, Sint Maarten or the Caribbean Netherlands.[110]

Government action and emissions[edit]
Annex I countries[edit]

Anthropogenic emissions of CO2-equivalents per year by the 10 largest emitters (the European Union is lumped as a single area, because of their integrated carbon trading scheme). Data sorted based on 2010 contributions.

China (party, no binding targets)

United States (non-party)

European Union (party, binding targets)

India (party, no binding targets)

Russia (party, binding targets 2008–2012)

Indonesia (party, no binding targets)

Brazil (party, no binding targets)

Japan (party, no binding targets)

Congo (DR) (party, no binding targets)

Canada (former party, binding targets 2008–2012)

Other countries

Total aggregate GHG emissions excluding emissions/removals from land use, land use change and forestry (LULUCF, i.e., carbon storage in forests and soils) for all Annex I Parties (see list below) including the United States taken together decreased from 19.0 to 17.8 thousand teragrams (Tg, which is equal to 109 kg) CO
2 equivalent, a decline of 6.0% during the 1990–2008 period.[111]:3 Several factors have contributed to this decline.[111]:14 The first is due to the economic restructuring in the Annex I Economies in Transition[111]:14 (the EITs – see Intergovernmental Emissions Trading for the list of EITs). Over the period 1990–1999, emissions fell by 40% in the EITs following the collapse of central planning in the former Soviet Union and east European countries.[112]:25 This led to a massive contraction of their heavy industry-based economies, with associated reductions in their fossil fuel consumption and emissions.[50]:24

Emissions growth in Annex I Parties have also been limited due to policies and measures (PaMs).[111]:14 In particular, PaMs were strengthened after 2000, helping to enhance energy efficiency and develop renewable energy sources.[111]:14 Energy use also decreased during the economic crisis in 2007–2008.[111]:14

Annex I parties with targets[edit]
Percentage changes in emissions from the base year (1990 for most countries) for Annex I Parties with Kyoto targets
Country Kyoto
target
2008–2012[7] Kyoto
target
2013–2020[113] GHG
emissions
2008–2012
including
LULUCF[7] GHG
emissions
2008–2012
excluding
LULUCF[7]
Australia +8 −0.5 +3.2 +30.3
Austria −13 −20 +3.2 +4.9
Belgium −8 −20 −13.9 −14.0
Bulgaria −8 −20 −53.4 −52.8
Canada (withdrew) −6 N/A +18.5 +18.5
Croatia −5 −20 −10.8 −7.5
Czech Republic −8 −20 −30.6 −30.0
Denmark −21 −20 −17.3 −14.8
Estonia −8 −20 −54.2 −55.3
Finland 0 −20 −5.5 −4.7
France 0 −20 −10.5 −10.0
Germany −21 −20 −24.3 −23.6
Greece +25 −20 +11.5 +11.9
Hungary −6 −20 −43.7 −41.8
Iceland +10 −20 +10.2 +19.4
Ireland +13 −20 +11.0 +5.1
Italy −6 −20 −7.0 −4.0
Japan −6 N/A −2.5 +1.4
Latvia −8 −20 −61.2 −56.4
Liechtenstein −8 −16 +4.1 +2.4
Lithuania −8 −20 −57.9 −55.6
Luxembourg −28 −20 −9.3 −8.7
Monaco −8 −22 −12.5 −12.5
Netherlands −6 −20 −6.2 −6.4
New Zealand 0 N/A −2.7 +20.4
Norway +1 −16 +4.6 +7.5
Poland −6 −20 −29.7 −28.8
Portugal +27 −20 +5.5 +22.4
Romania −8 −20 −57.0 −55.7
Russia 0 N/A −36.3 −32.7
Slovakia −8 −20 −37.2 −36.8
Slovenia −8 −20 −9.7 −3.2
Spain +15 −20 +20.0 +23.7
Sweden +4 −20 −18.2 −15.3
Switzerland −8 −15.8 −3.9 −0.8
Ukraine 0 −24 −57.1 −56.6
United Kingdom −13 −20 −23.0 −22.6
United States (did not ratify) −7 N/A +9.5 +9.5
Refer to caption and image description

CO
2 emissions from fuel combustion of Annex I Kyoto Protocol (KP) Parties, 1990–2009. Total Annex I KP emissions are shown, along with emissions of Annex II KP and Annex I EITs.

Collectively the group of industrialized countries committed to a Kyoto target, i.e., the Annex I countries excluding the US, had a target of reducing their GHG emissions by 4.2% on average for the period 2008–2012 relative to the base year, which in most cases is 1990.[112]:24

As noted in the preceding section, between 1990–1999, there was a large reduction in the emissions of the EITs.[112]:25 The reduction in the EITs is largely responsible for the total (aggregate) reduction (excluding LULUCF) in emissions of the Annex I countries, excluding the US.[112]:25 Emissions of the Annex II countries (Annex I minus the EIT countries) have experienced a limited increase in emissions from 1990–2006, followed by stabilization and a more marked decrease from 2007 onwards.[112]:25 The emissions reductions in the early nineties by the 12 EIT countries who have since joined the EU, assist the present EU-27 in meeting its collective Kyoto target.[112]:25

In December 2011, Canada’s environment minister, Peter Kent, formally announced that Canada would withdraw from the Kyoto accord a day after the end of the 2011 United Nations Climate Change Conference (see the section on the withdrawal of Canada).[114]

Annex I parties without Kyoto targets[edit]
Belarus, Malta, and Turkey are Annex I Parties but did not have first-round Kyoto targets.[115] The US had a Kyoto target of a 7% reduction relative to the 1990 level, but has not ratified the treaty.[7] If the US had ratified the Kyoto Protocol, the average percentage reduction in total GHG emissions for the Annex I group would have been a 5.2% reduction relative to the base year.[112]:26

Compliance[edit]
38 developed countries committed to limiting their greenhouse gas emissions. Because the United States did not ratify and Canada withdrew, the emission limits remained in force for 36 countries. All of them complied with the Protocol. However, nine countries (Austria, Denmark, Iceland, Japan, Lichtenstein, Luxembourg, Norway, Spain and Switzerland) had to resort to the flexibility mechanisms because their national emissions were slightly greater than their targets.[7]

In total, the 36 countries that fully participated in the Protocol were committed to reducing their aggregate emissions by 4% from the 1990 base year. Their average annual emissions in 2008–2012 were 24.2% below the 1990 level. Hence, they surpassed their aggregate commitment by a large margin. If the United States and Canada are included, the emissions decreased by 11.8%. The large reductions were mainly thanks to the dissolution of the Soviet Union, which reduced the emissions of the Eastern Bloc by tens of percents in the early 1990s. In addition, the financial crisis of 2007–08 significantly reduced emissions during the first Kyoto commitment period.[7]

The 36 countries that were committed to emission reductions only accounted for 24% of the global greenhouse gas emissions in 2010.[7] Even though these countries significantly reduced their emissions during the Kyoto commitment period, other countries increased their emissions so much that the global emissions increased by 32% from 1990 to 2010.[8]

Non-Annex I[edit]
Refer to caption

Annual per capita carbon dioxide emissions (i.e., average emissions per person) from fuel combustion between 1990-2009 for the Kyoto Annex I and non-Annex I Parties.

Refer to caption

Annual carbon dioxide emissions from fuel combustion between 1990-2009 for the Kyoto Annex I and non-Annex I Parties.

UNFCCC (2005) compiled and synthesized information reported to it by non-Annex I Parties.[35] Most non-Annex I Parties belonged in the low-income group, with very few classified as middle-income.[35]:4 Most Parties included information on policies relating to sustainable development. Sustainable development priorities mentioned by non-Annex I Parties included poverty alleviation and access to basic education and health care.[35]:6 Many non-Annex I Parties are making efforts to amend and update their environmental legislation to include global concerns such as climate change.[35]:7

A few Parties, e.g., South Africa and Iran, stated their concern over how efforts to reduce emissions by Annex I Parties could adversely affect their economies.[35]:7 The economies of these countries are highly dependent on income generated from the production, processing, and export of fossil fuels.

Emissions

GHG emissions, excluding land use change and forestry (LUCF), reported by 122 non-Annex I Parties for the year 1994 or the closest year reported, totalled 11.7 billion tonnes (billion = 1,000,000,000) of CO2-eq. CO2 was the largest proportion of emissions (63%), followed by methane (26%) and nitrous oxide (N2O) (11%).

The energy sector was the largest source of emissions for 70 Parties, whereas for 45 Parties the agriculture sector was the largest. Per capita emissions (in tonnes of CO2-eq, excluding LUCF) averaged 2.8 tonnes for the 122 non-Annex I Parties.

The Africa region’s aggregate emissions were 1.6 billion tonnes, with per capita emissions of 2.4 tonnes.
The Asia and Pacific region’s aggregate emissions were 7.9 billion tonnes, with per capita emissions of 2.6 tonnes.
The Latin America and Caribbean region’s aggregate emissions were 2 billion tonnes, with per capita emissions of 4.6 tonnes.
The “other” region includes Albania, Armenia, Azerbaijan, Georgia, Malta, Moldova, and North Macedonia. Their aggregate emissions were 0.1 billion tonnes, with per capita emissions of 5.1 tonnes.
Parties reported a high level of uncertainty in LUCF emissions, but in aggregate, there appeared to only be a small difference of 1.7% with and without LUCF. With LUCF, emissions were 11.9 billion tonnes, without LUCF, total aggregate emissions were 11.7 billion tonnes.

Trends

In several large developing countries and fast growing economies (China, India, Thailand, Indonesia, Egypt, and Iran) GHG emissions have increased rapidly (PBL, 2009).[116] For example, emissions in China have risen strongly over the 1990–2005 period, often by more than 10% year. Emissions per-capita in non-Annex I countries are still, for the most part, much lower than in industrialized countries. Non-Annex I countries do not have quantitative emission reduction commitments, but they are committed to mitigation actions. China, for example, has had a national policy programme to reduce emissions growth, which included the closure of old, less efficient coal-fired power plants.

Cost estimates[edit]
Barker et al. (2007, p. 79) assessed the literature on cost estimates for the Kyoto Protocol.[117] Due to US non-participation in the Kyoto treaty, costs estimates were found to be much lower than those estimated in the previous IPCC Third Assessment Report. Without the US participation, and with full use of the Kyoto flexible mechanisms, costs were estimated at less than 0.05% of Annex B GDP. This compared to earlier estimates of 0.1–1.1%. Without use of the flexible mechanisms, costs without the US participation were estimated at less than 0.1%. This compared to earlier estimates of 0.2–2%. These cost estimates were viewed as being based on much evidence and high agreement in the literature.

Views on the Protocol[edit]
Gupta et al. (2007) assessed the literature on climate change policy. They found that no authoritative assessments of the UNFCCC or its Protocol asserted that these agreements had, or will, succeed in solving the climate problem.[23] In these assessments, it was assumed that the UNFCCC or its Protocol would not be changed. The Framework Convention and its Protocol include provisions for future policy actions to be taken.

Gupta et al. (2007)[118] described the Kyoto first-round commitments as “modest,” stating that they acted as a constraint on the treaty’s effectiveness. It was suggested that subsequent Kyoto commitments could be made more effective with measures aimed at achieving deeper cuts in emissions, as well as having policies applied to a larger share of global emissions.[118] In 2008, countries with a Kyoto cap made up less than one-third of annual global carbon dioxide emissions from fuel combustion.[119]

World Bank (2010) commented on how the Kyoto Protocol had only had a slight effect on curbing global emissions growth. The treaty was negotiated in 1997, but in 2006, energy-related carbon dioxide emissions had grown by 24%.[121] World Bank (2010) also stated that the treaty had provided only limited financial support to developing countries to assist them in reducing their emissions and adapting to climate change.

Some of the criticism of the Protocol has been based on the idea of climate justice (Liverman, 2008, p. 14).[31]

This has particularly centered on the balance between the low emissions and high vulnerability of the developing world to climate change, compared to high emissions in the developed world. Another criticism of the Kyoto Protocol and other international conventions, is the right of indigenous peoples right to participate. Quoted here from The Declaration of the First International Forum of Indigenous Peoples on Climate Change, it says “Despite the recognition of our role in preventing global warming, when it comes time to sign international conventions like the United Nations Framework Convention on Climate Change, once again, our right to participate in national and international discussions that directly affect or Peoples and territories is denied.”[122] Additionally, later in the declaration, it reads

“We denounce the fact that neither the [United Nations] nor the Kyoto Protocol recognizes the existence or the contributions of Indigenous Peoples. Furthermore, the debates under these instruments have not considered the suggestions and proposals of the Indigenous Peoples nor have the appropriate mechanisms to guarantee our participation in all the debates that directly concern the Indigenous Peoples has been established.”[122]

Some environmentalists have supported the Kyoto Protocol because it is “the only game in town,” and possibly because they expect that future emission reduction commitments may demand more stringent emission reductions (Aldy et al.., 2003, p. 9).[123] In 2001, seventeen national science academies stated that ratification of the Protocol represented a “small but essential first step towards stabilising atmospheric concentrations of greenhouse gases.”[124] Some environmentalists and scientists have criticized the existing commitments for being too weak (Grubb, 2000, p. 5).[125]

The United States (under former President George W. Bush) and Australia (initially, under former Prime Minister John Howard) did not ratify the Kyoto treaty.[126] According to Stern (2006),[126] their decision was based on the lack of quantitative emission commitments for emerging economies (see also the 2000 onwards section). Australia, under former Prime Minister Kevin Rudd, has since ratified the treaty,[127][128] which took effect in March 2008.[129]

Views on the flexibility mechanisms[edit]
Another area which has been commented on is the role of the Kyoto flexibility mechanisms – emissions trading, Joint Implementation, and the Clean Development Mechanism (CDM).[130][131] The flexibility mechanisms have attracted both positive and negative comments.[132][133][134]

As mentioned earlier, a number of Annex I Parties have implemented emissions trading schemes (ETSs) as part of efforts to meet their Kyoto commitments. General commentaries on emissions trading are contained in emissions trading and carbon emission trading. Individual articles on the ETSs contain commentaries on these schemes (see Kyoto Protocol#International Emissions Trading for a list of ETSs).

One of the arguments made in favour of the flexibility mechanisms is that they can reduce the costs incurred by Annex I Parties in meeting their Kyoto commitments.[130] Criticisms of flexibility have, for example, included the ineffectiveness of emissions trading in promoting investment in non-fossil energy sources,[135] and adverse impacts of CDM projects on local communities in developing countries.[136]

Philosophy[edit]
As the Kyoto Protocol seeks to reduce environmental pollutants while at the same time altering the freedoms of some citizens.

As discussed by Milton Friedman, one can achieve both economic and political freedom through capitalism; nonetheless, it is never guaranteed that one is going to have equality of wealth of those on top of the “food chain” of this capitalistic world. All these alterations come to what the leaders of the citizens choose to impose in means of improving ones lifestyle. In the case of the Kyoto Protocol, it seeks to impose regulations that will reduce production of pollutants towards the environment. Furthermore, seeking to compromise the freedoms of both private and public citizens. In one side it imposes bigger regulations towards companies and reducing their profits as they need to fulfil such regulations with, which are oftentimes more expensive, alternatives for production. On the other hand, it seeks to reduce the emissions that cause the rapid environmental change called climate change.

The conditions of the Kyoto Protocol consist of mandatory targets on greenhouse gas emissions for the world’s leading economies. As provided by the United Nations Framework Convention on Climate Change, “These targets range from −8 per cent to +10 per cent of the countries’ individual 1990 emissions levels with a view to reducing their overall emissions of such gases by at least 5 per cent below existing 1990 levels in the commitment period 2008 to 2012.”[137]

China, India, Indonesia and Brazil weren’t required to reduce their CO2 emissions. The remaining signatory countries weren’t obliged to implement a common framework nor specific measures, but to reach an emission reduction target for which they can benefit of a secondary market for carbon credits multilaterally exchanged from each other.[138] The Emissions-trading Scheme (ETS) allowed countries to host polluting industries and to buy from other countries the property of their environmental merits and virtuous patterns.[138]

The Kyoto Protcol’s goals are challenged, however, by climate change deniers, who condemn strong scientific evidence of the human impact on climate change. One prominent scholar opines that these climate change deniers “arguably” breach Rousseau’s notion of the social contract, which is an implicit agreement among the members of a society to coordinate efforts in the name of overall social benefit. The climate change denial movement hinders efforts at coming to agreements as a collective global society on climate change.[139]

Conference of the Parties[edit]
The official meeting of all states party to the Kyoto Protocol is the Conference of the Parties (COP) to the United Nations Climate Change conference (UNFCCC). It is held every year; it serves as the formal meeting of UNFCCC. Parties to the Convention may participate in Protocol-related meetings either as parties to the Protocol or as observers.

The first conference was held in 1995 in Berlin. The first Meetings of Parties of the Kyoto Protocol (CMP) was held in 2005 in conjunction with COP 11. The 2013 conference was held in Warsaw. Later COPs were held in Lima, Peru in 2014 and in Paris, France in 2015. The 2015 event, COP 21, aimed to hold the global average rise in temperature below 2 degrees Celsius.[140] COP 22 was planned for Marrakesh, Morocco and COP 23 for Bonn, Germany.

Amendment and successor[edit]
In the non-binding “Washington Declaration” agreed on 16 February 2007, heads of governments from Canada, France, Germany, Italy, Japan, Russia, the United Kingdom, the United States, Brazil, China, India, Mexico and South Africa agreed in principle on the outline of a successor to the Kyoto Protocol. They envisaged a global cap-and-trade system that would apply to both industrialized nations and developing countries, and initially hoped that it would be in place by 2009.[141][142]

The United Nations Climate Change Conference in Copenhagen in December 2009 was one of the annual series of UN meetings that followed the 1992 Earth Summit in Rio. In 1997 the talks led to the Kyoto Protocol, and the conference in Copenhagen was considered to be the opportunity to agree a successor to Kyoto that would bring about meaningful carbon cuts.[143][144]

The 2010 Cancún agreements include voluntary pledges made by 76 developed and developing countries to control their emissions of greenhouse gases.[145] In 2010, these 76 countries were collectively responsible for 85% of annual global emissions.[145][146]

By May 2012, the US, Japan, Russia, and Canada had indicated they would not sign up to a second Kyoto commitment period.[147] In November 2012, Australia confirmed it would participate in a second commitment period under the Kyoto Protocol and New Zealand confirmed that it would not.[148]

New Zealand’s climate minister Tim Groser said the 15-year-old Kyoto Protocol was outdated, and that New Zealand was “ahead of the curve” in looking for a replacement that would include developing nations.[149] Non-profit environmental organisations such as the World Wildlife Fund criticised New Zealand’s decision to pull out.[150]

On 8 December 2012, at the end of the 2012 United Nations Climate Change Conference, an agreement was reached to extend the Protocol to 2020 and to set a date of 2015 for the development of a successor document, to be implemented from 2020 (see lede for more information).[151] The outcome of the Doha talks has received a mixed response, with small island states critical of the overall package. The Kyoto second commitment period applies to about 11% of annual global emissions of greenhouse gases. Other results of the conference include a timetable for a global agreement to be adopted by 2015 which includes all countries.[152] At the Doha meeting of the parties to the UNFCCC on 8 December 2012, the European Union chief climate negotiator, Artur Runge-Metzger, pledged to extend the treaty, binding on the 27 European Member States, up to the year 2020 pending an internal ratification procedure.

Ban Ki Moon, Secretary General of the United Nations, called on world leaders to come to an agreement on halting global warming during the 69th Session of the UN General Assembly[153] on 23 September 2014 in New York. The next climate summit was held in Paris in 2015, out of which emerged the Paris Agreement, the successor to the Kyoto Protocol.

Further reading[edit]

Ekardt, F./von Hövel, A.: Distributive Justice, Competitiveness, and Transnational Climate Protection. In: Carbon & Climate Law Review, Vol. 3., 2009, p. 102–114.

Katy Longden, Roshni Pabari, Munir Hassan, and Dalia Majumder-Russel, “Climate Change: Mitigation and Adaptation (A Legal Guide).” Advocates for International Development (June 2012)

Romain Morel, and Igor Shishlov, “Ex-post evaluation of the Kyoto Protocol : Four key lessons for the 2015 Paris Agreement.” CDC Climat Research (May 2014)

Economics

Weyant, J. P., ed. (May 1999). “The Costs of the Kyoto Protocol: A Multi-Model Evaluation”. Energy Journal (Special issue). Retrieved 8 August 2009. From this issue:

Manne, A. S.; Richels, R. “The Kyoto Protocol: A Cost-Effective Strategy for Meeting Environmental Objectives?” (PDF). Retrieved 8 August 2009.

Nordhaus, W. D.; Boyer, J. G. “Requiem for Kyoto: An Economic Analysis of the Kyoto Protocol” (PDF). Archived from the original (PDF) on 6 October 2000. Retrieved 8 August 2009.

External links[edit]

Protocol text (HTML and PDF), 2007 and 2012 amendment[permanent dead link]

List of countries who have ratified, accepted, approved, or accessed the Kyoto Protocol, its first amendment (Targets for Belarus) and its second amendment (extension period 2012–2020)

Kyoto Protocol to the United Nations Framework Convention on Climate Change at Law-Ref.org – fully indexed and crosslinked with other documents

The layman’s guide to the Kyoto Protocol

Kyoto: On Target? – Google Docs

Introductory note by Laurence Boisson de Chazournes, procedural history note and audiovisual material on the Kyoto Protocol to the United Nations Framework Convention on Climate Change in the Historic Archives of the United Nations Audiovisual Library of International Law

Annex B parties with binding targets in the first period but not the second

Non-Annex B parties without binding targets

Annex B parties with binding targets in the first period but which withdrew from the Protocol

Signatories to the Protocol that have not ratified

Other UN member states and observers that are not party to the Protocol

Signed 11 December 1997[1]

Location Kyoto, Japan

Effective 16 February 2005[1]

Condition Ratification by at least 55 states to the Convention

Expiration In force (first commitment period expired 31 December 2012)[2]

Signatories 84[1]

Parties 192[3][4] (European Union, Cook Islands, Niue, and all UN member states except Andorra, Canada, South Sudan, and the United States)

Depositary Secretary-General of the United Nations

Languages Arabic, Mandarin, English, French, Russian, and Spanish

Kyoto Protocol at Wikisource

Kyoto Protocol Extension (2012–2020)

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Long name:

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Acceptance of the Doha Amendment

States that ratified

Kyoto protocol parties that did not ratify

Non-parties to the Kyoto Protocol

Type International
Drafted 8 December 2012
Location Doha, Qatar
Effective 31 December 2020[5]
Condition Ratification by 144 state parties required
Ratifiers 147[5]
Doha Amendment to the Kyoto Protocol at Wikisource

en.wikipedia.org /wiki/Kyoto_Protocol
Kyoto Protocol
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93-118 minutes
This article is about the international treaty. For the rock band, see Kyoto Protocol (band).

Kyoto Protocol
Kyoto Protocol to the UNFCCC
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Annex B parties with binding targets in the second period

en.wikisource.org /wiki/Kyoto_Protocol
Kyoto Protocol
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51-64 minutes
Kyoto Protocol to the United Nations Framework Convention on Climate Change

Preamble (not officially labeled as such)[edit]
The Parties to this Protocol,

Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as “the Convention”,

In pursuit of the ultimate objective of the Convention as stated in its Article 2,

Recalling the provisions of the Convention,

Being guided by Article 3 of the Convention,

Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the Conference of the Parties to the Convention at its first session,

Have agreed as follows:

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

“Conference of the Parties” means the Conference of the Parties to the Convention.
“Convention” means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992.
“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.
“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.
“Parties present and voting” means Parties present and casting an affirmative or negative vote.
“Party” means, unless the context otherwise indicates, a Party to this Protocol.
“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[edit]

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 carbon dioxide 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.

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.
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.
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[edit]

The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of this Article, with a view to reducing their overall emissions of such gases by at least 5 per cent below 1990 levels in the commitment period 2008 to 2012.
Each Party included in Annex I shall, by 2005, have made demonstrable progress in achieving its commitments under this Protocol.
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.
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.
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.
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.
In the first quantified emission limitation and reduction commitment period, from 2008 to 2012, the assigned amount for each Party included in Annex I shall be equal to the percentage inscribed for it in Annex B of its aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or period determined in accordance with paragraph 5 above, multiplied by five. Those Parties included in Annex I for whom land-use change and forestry constituted a net source of greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period the aggregate anthropogenic carbon dioxide equivalent emissions by sources minus removals by sinks in 1990 from land-use change for the purposes of calculating their assigned amount.
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.
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.
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.
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.
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.
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.
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[edit]

Any Parties included in Annex I that have reached an agreement to fulfil their commitments under Article 3 jointly, shall be deemed to have met those commitments provided that their total combined aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of Article 3. The respective emission level allocated to each of the Parties to the agreement shall be set out in that agreement.
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.
Any such agreement shall remain in operation for the duration of the commitment period specified in Article 3, paragraph 7.
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.
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.
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[edit]

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.
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.
The global warming potentials used to calculate the carbon dioxide equivalence of anthropogenic emissions by sources and removals by sinks of greenhouse gases listed in Annex A shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties at its third session. Based on the work of, inter alia, the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review and, as appropriate, revise the global warming potential of each such greenhouse gas, taking fully into account any relevant decisions by the Conference of the Parties. Any revision to a global warming potential shall apply only to commitments under Article 3 in respect of any commitment period adopted subsequent to that revision.

Article 6[edit]

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.

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.
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.
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[edit]

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.
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.
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.
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[edit]

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.
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.
The review process shall provide a thorough and comprehensive technical assessment of all aspects of the implementation by a Party of this Protocol. The expert review teams shall prepare a report to the Conference of the Parties serving as the meeting of the Parties to this Protocol, assessing the implementation of the commitments of the Party and identifying any potential problems in, and factors influencing, the fulfilment of commitments. Such reports shall be circulated by the secretariat to all Parties to the Convention. The secretariat shall list those questions of implementation indicated in such reports for further consideration by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
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.
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.

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[edit]

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.
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[edit]
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[edit]

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.
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.

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[edit]

A clean development mechanism is hereby defined.
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.
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.

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.
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.

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

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

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.
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.
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.
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[edit]

The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Protocol.
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[edit]

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

Article 16[edit]
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[edit]
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[edit]
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[edit]
The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Protocol.

Article 20[edit]

Any Party may propose amendments to this Protocol.
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.
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.
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 this Protocol.
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[edit]

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.
Any Party may make proposals for an annex to this Protocol and may propose amendments to annexes to this Protocol.
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.
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.
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.
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.
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 the written consent of the Party concerned.

Article 22[edit]

Each Party shall have one vote, except as provided for in paragraph 2 below.
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[edit]
The Secretary-General of the United Nations shall be the Depositary of this Protocol.

Article 24[edit]

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.
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.
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[edit]

This Protocol shall enter into force on the ninetieth day after the date on which not less than 55 Parties to the Convention, incorporating Parties included in Annex I which accounted in total for at least 55 per cent of the total carbon dioxide emissions for 1990 of the Parties included in Annex I, have deposited their instruments of ratification, acceptance, approval or accession.
For the purposes of this Article, “the total carbon dioxide emissions for 1990 of the Parties included in Annex I” means the amount communicated on or before the date of adoption of this Protocol by the Parties included in Annex I in their first national communications submitted in accordance with Article 12 of the Convention.
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.
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[edit]
No reservations may be made to this Protocol.

Article 27[edit]

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

Article 28[edit]
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[edit]

Greenhouse gases[edit]

Carbon dioxide (CO2)

Methane (CH4)

Nitrous oxide (N2O)

Hydrofluorocarbons (HFCs)

Perfluorocarbons (PFCs)

Sulphur hexafluoride (SF6)

Sectors/source catergories[edit]

Energy

Fuel combustion

Energy industries

Manufacturing industries and construction

Transport

Other sectors

Other

Fugitive emissions from fuels

Solid fuels

Oil and natural gas

Other

Industrial processes

Mineral products

Chemical industry

Metal production

Other production

Production of halocarbons and sulphur hexafluoride

Consumption of halocarbons and sulphur hexafluoride

Other

Solvent and other product use

Agriculture

Enteric fermentation

Manure management

Rice cultivation

Agricultural soils

Prescribed burning of savannas

Field burning of agricultural residues

Other

Waste[edit]

Solid waste disposal on land

Wastewater handling

Waste incineration

Other

Annex B[edit]

Party Quantified emission limitation or reduction commitment

(percentage of base year or period)

Australia 108

Austria 92

Belgium 92

Bulgaria* 92

Canada 94

Croatia* 95

Czech Republic* 92

Denmark 92

Estonia* 92

European Community 92

Finland 92

France 92

Germany 92

Greece 92

Hungary* 94

Iceland 110

Ireland 92

Italy 92

Japan 94

Latvia* 92

Liechtenstein 92

Lithuania* 92

Luxembourg 92

Monaco 92

Netherlands 92

New Zealand 100

Norway 101

Poland* 94

Portugal 92

Romania* 92

Russian Federation* 100

Slovakia* 92

Slovenia* 92

Spain 92

Sweden 92

Switzerland 92

Ukraine* 100

United Kingdom of Great Britain and Northern Ireland 92

United States of America 93

Countries that are undergoing the process of transition to a market economy.

Source:

http://unfccc.int/resource/docs/convkp/kpeng.html

en.wikisource.org /wiki/Kyoto_Protocol
Kyoto Protocol
Contributors to Wikimedia projects50-64 minutes 12/3/2004
Kyoto Protocol to the United Nations Framework Convention on Climate Change

Preamble (not officially labeled as such)

[edit]

The Parties to this Protocol,

Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as “the Convention”,

In pursuit of the ultimate objective of the Convention as stated in its Article 2,

Recalling the provisions of the Convention,

Being guided by Article 3 of the Convention,

Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the Conference of the Parties to the Convention at its first session,

Have agreed as follows:

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

“Conference of the Parties” means the Conference of the Parties to the Convention.
“Convention” means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992.
“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.
“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.
“Parties present and voting” means Parties present and casting an affirmative or negative vote.
“Party” means, unless the context otherwise indicates, a Party to this Protocol.
“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.
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:

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.
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.
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.
The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of this Article, with a view to reducing their overall emissions of such gases by at least 5 per cent below 1990 levels in the commitment period 2008 to 2012.
Each Party included in Annex I shall, by 2005, have made demonstrable progress in achieving its commitments under this Protocol.
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.
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.
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.
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.
In the first quantified emission limitation and reduction commitment period, from 2008 to 2012, the assigned amount for each Party included in Annex I shall be equal to the percentage inscribed for it in Annex B of its aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or period determined in accordance with paragraph 5 above, multiplied by five. Those Parties included in Annex I for whom land-use change and forestry constituted a net source of greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period the aggregate anthropogenic carbon dioxide equivalent emissions by sources minus removals by sinks in 1990 from land-use change for the purposes of calculating their assigned amount.
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.
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.
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.
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.
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.
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.
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.
Any Parties included in Annex I that have reached an agreement to fulfil their commitments under Article 3 jointly, shall be deemed to have met those commitments provided that their total combined aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of Article 3. The respective emission level allocated to each of the Parties to the agreement shall be set out in that agreement.
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.
Any such agreement shall remain in operation for the duration of the commitment period specified in Article 3, paragraph 7.
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.
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.
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.
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.
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.
The global warming potentials used to calculate the carbon dioxide equivalence of anthropogenic emissions by sources and removals by sinks of greenhouse gases listed in Annex A shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties at its third session. Based on the work of, inter alia, the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review and, as appropriate, revise the global warming potential of each such greenhouse gas, taking fully into account any relevant decisions by the Conference of the Parties. Any revision to a global warming potential shall apply only to commitments under Article 3 in respect of any commitment period adopted subsequent to that revision.
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:

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.
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.
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.
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.
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.
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.
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.
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.
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.
The review process shall provide a thorough and comprehensive technical assessment of all aspects of the implementation by a Party of this Protocol. The expert review teams shall prepare a report to the Conference of the Parties serving as the meeting of the Parties to this Protocol, assessing the implementation of the commitments of the Party and identifying any potential problems in, and factors influencing, the fulfilment of commitments. Such reports shall be circulated by the secretariat to all Parties to the Convention. The secretariat shall list those questions of implementation indicated in such reports for further consideration by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
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.
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:

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.
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.
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.

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:

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.
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:

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.
A clean development mechanism is hereby defined.
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.
Under the clean development mechanism:

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.
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:

The clean development mechanism shall assist in arranging funding of certified project activities as necessary.
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.
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.
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.
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.
The Conference of the Parties, the supreme body of the Convention, shall serve as the meeting of the Parties to this Protocol.
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.
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.
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:

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.
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.
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.
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.
The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Protocol.
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.
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.
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.
When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise their functions with regard to matters concerning this Protocol, any member of the Bureaux of those subsidiary bodies representing a Party to the Convention but, at that time, not a party to this Protocol, shall be replaced by an additional member to be elected by and from amongst the Parties to this Protocol.

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, as soon as practicable, consider the application to this Protocol of, and modify as appropriate, the multilateral consultative process referred to in Article 13 of the Convention, in the light of any relevant decisions that may be taken by the Conference of the Parties. Any multilateral consultative process that may be applied to this Protocol shall operate without prejudice to the procedures and mechanisms established in accordance with Article 18.

The Conference of the Parties shall define the relevant principles, modalities, rules and guidelines, in particular for verification, reporting and accountability for emissions trading. The Parties included in Annex B may participate in emissions trading for the purposes of fulfilling their commitments under Article 3. Any such trading shall be supplemental to domestic actions for the purpose of meeting quantified emission limitation and reduction commitments under that Article.

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, approve appropriate and effective procedures and mechanisms to determine and to address cases of non-compliance with the provisions of this Protocol, including through the development of an indicative list of consequences, taking into account the cause, type, degree and frequency of non-compliance. Any procedures and mechanisms under this Article entailing binding consequences shall be adopted by means of an amendment to this Protocol.

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

Any Party may propose amendments to this Protocol.
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.
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.
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 this Protocol.
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.
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.
Any Party may make proposals for an annex to this Protocol and may propose amendments to annexes to this Protocol.
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.
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.
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.
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.
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 the written consent of the Party concerned.
Each Party shall have one vote, except as provided for in paragraph 2 below.
Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States that are Parties to this Protocol. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

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

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.
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.
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.
This Protocol shall enter into force on the ninetieth day after the date on which not less than 55 Parties to the Convention, incorporating Parties included in Annex I which accounted in total for at least 55 per cent of the total carbon dioxide emissions for 1990 of the Parties included in Annex I, have deposited their instruments of ratification, acceptance, approval or accession.
For the purposes of this Article, “the total carbon dioxide emissions for 1990 of the Parties included in Annex I” means the amount communicated on or before the date of adoption of this Protocol by the Parties included in Annex I in their first national communications submitted in accordance with Article 12 of the Convention.
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.
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.

No reservations may be made to this Protocol.

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

The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

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.

Carbon dioxide (CO2)
Methane (CH4)
Nitrous oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulphur hexafluoride (SF6)
Sectors/source catergories

[edit]

Energy

Fuel combustion

Energy industries

Manufacturing industries and construction

Transport

Other sectors

Other

Fugitive emissions from fuels

Solid fuels

Oil and natural gas

Other

Industrial processes

Mineral products

Chemical industry

Metal production

Other production

Production of halocarbons and sulphur hexafluoride

Consumption of halocarbons and sulphur hexafluoride

Other

Solvent and other product use

Agriculture

Enteric fermentation

Manure management

Rice cultivation

Agricultural soils

Prescribed burning of savannas

Field burning of agricultural residues

Other

Solid waste disposal on land

Wastewater handling

Waste incineration

Other

Party Quantified emission limitation or reduction commitment

(percentage of base year or period)

Australia 108

Austria 92

Belgium 92

Bulgaria* 92

Canada 94

Croatia* 95

Czech Republic* 92

Denmark 92

Estonia* 92

European Community 92

Finland 92

France 92

Germany 92

Greece 92

Hungary* 94

Iceland 110

Ireland 92

Italy 92

Japan 94

Latvia* 92

Liechtenstein 92

Lithuania* 92

Luxembourg 92

Monaco 92

Netherlands 92

New Zealand 100

Norway 101

Poland* 94

Portugal 92

Romania* 92

Russian Federation* 100

Slovakia* 92

Slovenia* 92

Spain 92

Sweden 92

Switzerland 92

Ukraine* 100

United Kingdom of Great Britain and Northern Ireland 92

United States of America 93

Countries that are undergoing the process of transition to a market economy.

Source: http://unfccc.int/resource/docs/convkp/kpeng.html

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