UNITED NATIONS FRAMEWORK CONVENTION
ON
CLIMATE CHANGE
The Parties to this Convention,
Acknowledging that change in
the Earth’s climate and
its adverse effects
are a common
concern of humankind,
Concerned that
human activities have been substantially increasing the atmospheric
concentrations of greenhouse gases, that these increases enhance the natural greenhouse effect, and
that this will result on average in
an additional
warming of the Earth’s surface and atmosphere and may adversely affect natural
ecosystems and humankind,
Noting that the largest share of historical and current global emissions of greenhouse gases
has originated in developed countries, that per capita emissions in developing countries are still relatively low and that the share of global emissions originating in developing countries
will grow to meet their social and development needs,
Aware of
the role and importance in terrestrial
and marine ecosystems
of sinks and reservoirs of greenhouse gases,
Noting that
there are many uncertainties
in predictions of climate change,
particularly with regard
to the timing, magnitude and
regional patterns
thereof,
Acknowledging that the global nature of climate change calls for the widest possible cooperation by all
countries and their participation
in an effective and appropriate
international response, in accordance with their
common but differentiated responsibilities and respective
capabilities and their social and economic conditions,
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Recalling also that States
have, in accordance with the Charter of the United Nations and
the principles of international
law, the sovereign
right
to exploit their own resources pursuant to their own environmental and developmental
policies, and the responsibility to ensure that activities
within their jurisdiction or control
do not cause damage to
the environment of other States or of areas beyond the
limits of national jurisdiction,
Reaffirming
the principle of sovereignty of States in international cooperation
to address climate change,
Recognizing that States should enact effective
environmental legislation, that environmental standards, management
objectives and priorities should reflect
the environmental and developmental context to which
they
apply, and that standards applied by some countries
may
be inappropriate and of
unwarranted economic and social cost to other countries, in particular developing countries,
Recalling
the provisions of General Assembly resolution
44/228 of 22 December 1989 on the United Nations Conference on Environment and Development, and resolutions 43/53 of 6 December
1988, 44/207 of 22 December 1989,
45/212 of 21 December 1990 and 46/169 of 19 December 1991 on protection
of global climate for present and future
generations
of mankind,
Recalling also the provisions of General
Assembly resolution 44/206 of 22 December
1989 on the possible adverse effects of sea-level rise on islands and coastal
areas, particularly low-lying coastal areas
and the pertinent provisions of General Assembly
resolution 44/172 of 19 December 1989 on the implementation of the Plan of Action to Combat Desertification,
Recalling further the Vienna Convention for the Protection of the Ozone Layer, 1985, and the Montreal Protocol on Substances
that Deplete the Ozone Layer,
1987, as adjusted and amended on 29 June 1990,
Noting the Ministerial Declaration of the Second World Climate Conference
adopted on 7 November 1990,
Conscious of the valuable analytical
work being conducted by many States on climate change and of the important contributions of
the World Meteorological
Organization, the United Nations Environment Programme and other organs, organizations
and bodies of the United Nations system, as
well as other international and intergovernmental
bodies, to the exchange of results
of scientific research
and the coordination of research,
Recognizing that steps required to understand and address climate change will
be environmentally, socially and
economically most effective if they are based on
relevant scientific, technical
and economic considerations and continually re-evaluated in the
light of new findings
in these areas,
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Recognizing also the need for developed
countries to take immediate action in
a flexible manner on the basis of clear
priorities, as a first step
towards comprehensive response strategies at the global, national and, where agreed, regional levels that take into account
all greenhouse gases, with due consideration of their relative contributions to
the enhancement of the greenhouse effect,
Recognizing further that low-lying and
other small island countries, countries
with low-lying coastal,
arid and semi-arid areas or areas liable to floods, drought and
desertification, and developing countries
with fragile mountainous ecosystems are
particularly vulnerable to the adverse effects
of climate change,
Recognizing the special difficulties of those countries, especially developing countries,
whose economies are particularly dependent on fossil fuel production,
use and exportation, as a consequence
of action taken on limiting greenhouse gas emissions,
Affirming that responses to climate change should be
coordinated with social and economic
development
in an integrated manner with
a view to avoiding adverse impacts on
the latter, taking into full account the legitimate priority needs of
developing
countries for the achievement of sustained economic growth and the
eradication of poverty,
Recognizing that all countries, especially developing
countries, need access to resources required to achieve
sustainable social and economic development
and that, in order for developing countries to progress
towards that goal, their energy consumption
will need to grow taking into account the possibilities for achieving greater
energy efficiency and
for controlling greenhouse gas emissions in general, including through
the application of new
technologies on terms which make such an application
economically and socially beneficial,
Determined
to protect the climate system
for present and future generations,
Have agreed as
follows:
Article 1
DEFINITIONS*
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1. “Adverse effects of
climate change” means changes in the
physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of
natural and managed ecosystems or on the operation of socio-economic
systems or on human
health and welfare.
2. “Climate change” means a change of
climate which
is attributed directly or indirectly to human
activity that alters the composition
of the global atmosphere and which is in addition
to natural climate variability
observed over comparable time periods.
3. “Climate system” means the totality of the
atmosphere, hydrosphere,
biosphere and geosphere and
their interactions.
4. “Emissions” means the release of greenhouse gases and/or their precursors into
the atmosphere over a specified area and period of time.
5. “Greenhouse gases”
means those gaseous constituents
of the atmosphere, both
natural and anthropogenic,
that absorb and re-emit infrared
radiation.
6. “Regional economic integration
organization”
means an organization constituted by sovereign
States of a given region which has competence in respect
of matters governed by this Convention or its protocols and has
been duly authorized, in accordance with its internal
procedures, to sign, ratify, accept, approve or accede to the instruments concerned.
7. “Reservoir” means a
component or components of the climate system where a greenhouse gas
or a precursor of a greenhouse gas is
stored.
8. “Sink” means any process, activity or mechanism which removes a greenhouse gas, an aerosol or a precursor
of a greenhouse gas
from
the atmosphere.
9. “Source” means any process
or activity which releases
a greenhouse gas,
an aerosol or a precursor of
a greenhouse gas into the atmosphere.
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OBJECTIVE
The ultimate objective of this Convention and any related
legal instruments that the Conference of the Parties may adopt is to achieve, in accordance with
the relevant provisions of the
Convention, stabilization of greenhouse gas concentrations
in the atmosphere at a level that would prevent
dangerous anthropogenic interference with
the climate system.
Such a level should be achieved within a time frame sufficient to
allow ecosystems to adapt naturally to climate change, to ensure
that food production is not threatened and
to enable economic development to proceed
in a sustainable manner.
Article 3
PRINCIPLES
In their actions to achieve the
objective of the Convention and to implement its provisions, the Parties shall
be guided,
inter alia, by the following:
1. The Parties should protect the climate system
for the benefit of present and future
generations
of humankind, on the basis of equity and
in accordance with their common
but differentiated responsibilities and respective capabilities.
Accordingly, the developed country Parties should take the lead in combating
climate change and the adverse effects thereof.
2. The specific needs and special circumstances of developing
country Parties, especially those
that are particularly vulnerable to the
adverse effects
of climate change, and
of those Parties, especially developing country Parties,
that would have to bear a
disproportionate or abnormal burden
under the Convention, should
be given full consideration.
3. The Parties should take precautionary measures to anticipate,
prevent or minimize the causes of climate change and mitigate its
adverse effects. Where there are threats
of serious or irreversible damage,
lack
of full scientific certainty should
not be used as a reason for postponing such measures, taking into
account that policies and measures to
deal with climate change should be cost-effective
so as to ensure global benefits at the
lowest possible cost. To achieve this, such policies and measures should take into account different
socio-economic contexts, be comprehensive, cover all relevant
sources, sinks and reservoirs of greenhouse gases and adaptation, and comprise all
economic sectors. Efforts to address climate
change may be carried out cooperatively by interested Parties.
4. The Parties have a
right
to, and should, promote sustainable development. Policies and measures to
protect the climate system
against human-induced change should
be appropriate for the specific conditions of each Party and
should be integrated with national
development programmes, taking into account that economic development is essential for adopting measures
to address climate change.
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Article 4
COMMITMENTS
1. All Parties, taking into account their common
but differentiated responsibilities and their specific national
and regional development priorities, objectives and circumstances,
shall:
(a) Develop, periodically update,
publish and make available to the Conference of the Parties, in accordance with Article 12, national inventories
of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal
Protocol, using comparable methodologies to be
agreed upon by the Conference of the
Parties;
(b) Formulate,
implement, publish and regularly update national and, where appropriate, regional
programmes
containing measures to mitigate climate change by addressing anthropogenic emissions by sources and
removals by sinks of all greenhouse gases not controlled by the Montreal
Protocol, and measures to facilitate adequate adaptation to climate change;
(c) Promote and cooperate in
the development, application and diffusion, including transfer,
of technologies,
practices and processes that control, reduce
or prevent anthropogenic emissions of greenhouse gases not
controlled by the
Montreal Protocol in all relevant sectors, including the energy, transport,
industry, agriculture, forestry and waste management
sectors;
(d) Promote sustainable management, and promote and
cooperate in the conservation and enhancement, as appropriate, of sinks and reservoirs of all greenhouse gases not controlled by the Montreal Protocol,
including biomass, forests
and oceans as well as other terrestrial, coastal
and marine ecosystems;
(e) Cooperate in preparing for adaptation to the impacts of climate
change; develop and elaborate appropriate
and integrated plans for coastal
zone management,
water resources and agriculture, and
for the protection and
rehabilitation of areas, particularly in Africa, affected
by drought and desertification,
as well as floods;
(f) Take climate change considerations
into account, to the extent feasible, in their relevant social, economic and environmental
policies and actions, and employ appropriate methods, for example impact assessments, formulated and determined
nationally, with a view to minimizing adverse effects on the economy,
on public health and on the quality of the environment, of projects or measures undertaken by them
to mitigate or adapt to climate change;
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(h) Promote and cooperate in
the full, open and prompt exchange of relevant
scientific, technological, technical,
socio-economic and legal
information related to the climate system
and climate change, and
to the economic and social consequences of various response strategies;
(i) Promote and cooperate in
education, training and public
awareness related to climate change and encourage the widest
participation in this process, including that
of non-governmental organizations;
and
(j) Communicate to the
Conference of the Parties information
related to implementation, in accordance with Article 12.
2. The developed country Parties and other Parties included in Annex I commit
themselves specifically as provided for
in the following:
(a) Each of these
Parties shall adopt national[1] policies and take corresponding
measures on the mitigation of climate change, by limiting
its anthropogenic emissions
of greenhouse gases and protecting
and enhancing its greenhouse gas
sinks and reservoirs. These policies and measures will
demonstrate that developed countries are taking the lead in modifying longer-term trends
in anthropogenic emissions consistent
with the objective of the Convention, recognizing that the return
by
the end of the present
decade to earlier levels of anthropogenic emissions of carbon dioxide and other greenhouse
gases not controlled by the Montreal Protocol would contribute to
such modification, and taking into account the differences in these Parties’
starting points and approaches, economic structures and resource bases, the need
to maintain strong and sustainable
economic growth, available technologies
and other individual circumstances,
as well as the need for equitable and
appropriate contributions by each of these
Parties to the global effort
regarding that objective. These Parties may implement
such policies and measures jointly with other
Parties and may assist other Parties in
contributing to the achievement of the objective of the Convention and, in
particular, that of this subparagraph;
(b) In order
to promote progress to this end, each of these Parties
shall communicate, within six months
of the entry into force of the
Convention for it and periodically thereafter, and in accordance with Article 12,
detailed information on its policies
and measures referred to in subparagraph (a) above, as
well as on its resulting projected
anthropogenic emissions
by
sources and removals by sinks of
greenhouse gases not controlled by the Montreal Protocol for the period referred to in subparagraph (a),
with the aim of returning individually or
jointly to their 1990 levels these anthropogenic
emissions of carbon dioxide and other greenhouse gases
not controlled by the Montreal
Protocol. This information will be reviewed
by
the Conference of
the Parties, at its first
session and periodically thereafter, in accordance with
Article 7;
(c) Calculations of
emissions by sources
and removals by sinks of
greenhouse gases
for the purposes of subparagraph (b)
above should take into account the best available scientific knowledge, including of the effective
capacity of sinks and the respective contributions of such gases
to climate change. The
Conference of the Parties
shall consider and agree on methodologies for these calculations at its first session
and review them regularly thereafter;
(d) The Conference
of
the Parties shall, at its first session, review the adequacy of
subparagraphs (a) and (b)
above. Such review shall be carried out in the light of the best available scientific
information and assessment on
climate change and its impacts, as well as
relevant technical, social and economic
information. Based on this review, the Conference of the Parties shall take
appropriate
action,
which may include the adoption of amendments to the commitments in subparagraphs (a) and (b)
above. The Conference of the Parties, at its first session, shall also
take decisions regarding
criteria for joint implementation as indicated in subparagraph (a)
above. A second review
of subparagraphs
(a) and (b) shall take place not
later than 31 December
1998, and thereafter at regular intervals
determined by the Conference of the Parties, until the objective of the Convention is met;
(e) Each of these
Parties shall:
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(ii) identify and
periodically review its own policies and practices which encourage activities that lead to greater levels of anthropogenic emissions of greenhouse gases
not controlled by the Montreal
Protocol than would otherwise occur;
(f) The Conference
of
the Parties shall review, not later
than 31 December 1998, available information with
a view to taking decisions
regarding such amendments
to the lists in Annexes I and II as
may be appropriate, with the
approval of the Party concerned;
(g) Any Party not
included in Annex I may,
in its instrument of ratification,
acceptance, approval or accession, or at any time thereafter, notify the Depositary that
it intends to be bound by subparagraphs (a)
and (b) above. The Depositary shall inform the other signatories
and Parties of any such
notification.
3. The developed country Parties and other developed Parties
included in Annex II shall
provide new and additional financial resources to meet
the agreed full costs incurred
by developing country Parties
in complying with their
obligations under Article 12, paragraph
1.
They shall
also provide such financial resources,
including for the transfer of technology, needed
by
the developing country Parties to meet the agreed full incremental costs of implementing measures that are covered by paragraph 1 of
this Article and
that are agreed between a
developing country Party and the international entity or
entities referred to in Article 11, in accordance with that Article. The implementation of these commitments shall take into account
the need for adequacy and predictability in the flow
of funds and the importance of appropriate
burden sharing among the
developed country Parties.
4. The developed country Parties and other developed Parties
included in Annex II shall
also assist the developing country Parties that are particularly vulnerable
to the adverse effects of climate change in meeting costs
of adaptation
to those adverse effects.
5. The developed country Parties and other developed Parties
included in Annex II shall
take all practicable steps to
promote, facilitate and finance, as
appropriate, the transfer
of, or access to, environmentally sound
technologies and know-how to other Parties, particularly developing country Parties, to enable them to implement the provisions
of the Convention. In this process,
the developed country Parties shall support the development
and enhancement of endogenous capacities and technologies
of developing country Parties.
Other Parties and organizations
in a position to do so may also assist in facilitating the transfer
of such technologies.
6. In the
implementation of their commitments
under paragraph 2 above, a certain degree of flexibility shall
be allowed by the Conference of the Parties to the
Parties included in Annex I undergoing the process of transition to a
market economy, in order
to enhance the ability of these Parties to address
climate change,
including with regard
to the historical level
of anthropogenic
emissions of greenhouse gases
not controlled by the Montreal Protocol chosen
as a reference.
7. The extent
to which developing country Parties will
effectively implement their commitments under the Convention will depend on the effective implementation by developed
country Parties of their commitments under the
Convention related to financial resources
and transfer of technology and
will take fully into account
that economic and social development
and poverty eradication are the
first and overriding priorities
of the developing country Parties.
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(a) Small island countries;
(b) Countries with low-lying coastal areas; decay;
(c) Countries with arid and semi-arid areas,
forested areas and
areas liable to forest
(d) Countries with areas prone to natural
disasters;
(e) Countries with areas liable to drought and desertification;
(f) Countries with areas of high urban atmospheric pollution;
(g) Countries with areas with fragile ecosystems, including mountainous ecosystems;
(h) Countries whose economies are highly dependent on
income generated from
the production, processing and
export, and/or on consumption of fossil
fuels and associated energy-intensive products; and
(i) Landlocked and transit countries.
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9. The Parties shall take full account of the specific needs
and special situations of the least developed countries in their actions with regard to funding
and transfer of technology.
10. The Parties shall, in accordance with Article
10, take into consideration in the implementation of the commitments
of the Convention the situation
of Parties, particularly developing
country Parties, with economies that are
vulnerable to the adverse
effects of the implementation of
measures to respond to climate change.
This applies notably to
Parties with economies that are highly dependent on income generated from the production, processing and export, and/or consumption of fossil fuels
and associated energy-intensive products and/or the use of fossil fuels for which such
Parties have serious
difficulties in switching to alternatives.
Article 5
RESEARCH AND SYSTEMATIC OBSERVATION
In carrying out
their commitments under Article 4,
paragraph 1 (g), the
Parties shall:
(a) Support and further develop, as appropriate, international and
intergovernmental
programmes and networks
or organizations aimed at defining, conducting, assessing and financing research,
data collection and systematic
observation, taking into account
the need to minimize duplication of effort;
(b) Support international and intergovernmental
efforts to strengthen systematic
observation and national scientific
and technical
research
capacities and capabilities, particularly in developing countries, and to promote access to, and the exchange of,
data and
analyses
thereof obtained from areas beyond national jurisdiction; and
(c) Take into account
the particular concerns and needs of
developing countries and cooperate in
improving their endogenous capacities
and capabilities to participate in the
efforts referred to in subparagraphs
(a) and (b) above.
Article 6
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In carrying out
their commitments under Article 4,
paragraph 1 (i), the Parties shall:
(a) Promote and facilitate at the national and, as appropriate, subregional and regional
levels, and in accordance with
national laws and regulations, and within their respective
capacities:
(i) the development and implementation of educational
and public awareness programmes on climate change and
its effects;
(ii) public access
to information on climate change and
its effects;
(iii) public participation in addressing climate change and its effects and developing adequate
responses; and
(iv) training of
scientific,
technical
and managerial personnel;
(b) Cooperate in and promote, at the international
level,
and, where appropriate,
using existing bodies:
(i) the development and exchange of educational and public awareness material
on climate change and
its effects; and
(ii) the development and
implementation of education and training programmes, including the strengthening of national
institutions and the exchange or secondment of personnel to train experts in this field,
in particular for developing
countries.
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CONFERENCE OF THE
PARTIES
1. A Conference
of the Parties is hereby established.
2. The Conference
of
the Parties, as the supreme body of this Convention, shall keep under regular review
the implementation of the Convention and any related legal instruments that the Conference of
the Parties may adopt,
and shall make, within its mandate,
the decisions necessary
to promote the effective implementation of the Convention. To this end, it shall:
(a) Periodically examine the obligations of the Parties and the
institutional arrangements under the Convention, in the light of the objective of the Convention, the experience gained in its implementation and the evolution of scientific and technological knowledge;
(b) Promote and facilitate the exchange of information
on measures adopted by the
Parties to address climate change and its effects, taking into account the
differing circumstances, responsibilities and capabilities of the Parties and their respective
commitments under the Convention;
(c) Facilitate, at
the request of two or more Parties, the coordination
of measures adopted by them to address climate change and
its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their
respective commitments under the Convention;
(d) Promote and guide, in accordance with the objective and provisions of the
Convention, the development and periodic refinement of comparable methodologies, to be agreed on by the Conference
of the Parties, inter alia,
for preparing inventories of greenhouse gas
emissions by sources and removals
by
sinks, and for evaluating the effectiveness
of measures to
limit the emissions and enhance the removals
of these gases;
(e) Assess, on the basis of all information made
available to it in accordance with the provisions of the Convention, the implementation of the Convention by the Parties, the overall effects of the measures taken pursuant
to the Convention, in particular environmental,
economic and social effects as well as
their cumulative impacts
and the extent to which progress
towards the objective of the Convention is being achieved;
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(g) Make recommendations on any matters necessary for the
implementation of the
Convention;
(h) Seek to mobilize
financial resources in accordance with
Article 4, paragraphs
3, 4 and 5, and Article 11;
(i) Establish such subsidiary bodies as are deemed necessary for the implementation of the Convention;
(j) Review reports submitted by its subsidiary bodies and provide guidance to them;
(k) Agree upon and
adopt, by consensus, rules of procedure and
financial
rules for itself and for any subsidiary bodies;
(l) Seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations
and intergovernmental
and non-governmental bodies; and
(m) Exercise
such other functions as are required for the
achievement of the objective
of the Convention as well as all
other functions assigned to it under the Convention.
3. The Conference
of
the Parties shall, at its first session, adopt its own rules of
procedure as well as those of the subsidiary bodies established
by
the Convention, which shall
include decision-making procedures
for matters not already covered by decision-making procedures stipulated in the Convention. Such
procedures may include specified majorities required for the adoption of particular decisions.
4. The first session of the Conference of the Parties
shall be convened by the interim
secretariat referred
to in Article 21 and shall take place not later than one year after
the date of entry into force
of
the Convention. Thereafter,
ordinary sessions
of the Conference of the Parties shall
be held every year unless otherwise decided by the
Conference of the Parties.
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6. The United Nations, its specialized agencies
and the International Atomic Energy Agency, as well
as any State member thereof or observers
thereto
not Party to the Convention, may be represented
at sessions of the Conference
of
the Parties as observers. Any body or
agency,
whether national or
international, governmental or non-governmental,
which is qualified in matters covered by the Convention, and which has informed the secretariat of its wish to be represented at
a session of the Conference of the Parties as
an observer, may be so admitted unless at least one third of the Parties
present object. The admission and
participation of observers shall be subject to the rules of procedure
adopted by the Conference of the Parties.
Article 8
SECRETARIAT
1. A secretariat
is hereby established.
2. The functions of the secretariat shall
be:
(a) To make arrangements for
sessions of the Conference of the
Parties and its
subsidiary bodies established
under the Convention and to provide
them with services as required;
(b) To compile and transmit
reports submitted to it;
(c) To facilitate assistance to the Parties, particularly developing country Parties,
on request, in the compilation and communication of information required in accordance
with the provisions of the Convention;
(d) To prepare reports
on its activities and present them to the Conference of the
Parties;
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(f) To enter, under
the overall guidance of
the Conference of the Parties,
into such administrative and
contractual
arrangements as
may be required
for the effective discharge
of its functions; and
(g) To perform the other secretariat functions specified in the Convention and in any
of its protocols and such other
functions as may be determined by the Conference of
the Parties.
3. The Conference
of
the Parties, at its first
session, shall designate a permanent secretariat and make arrangements for its functioning.
Article 9
SUBSIDIARY BODY FOR SCIENTIFIC
AND TECHNOLOGICAL ADVICE
1. A subsidiary body for scientific and technological advice
is hereby established
to provide the Conference of the Parties
and, as appropriate, its other
subsidiary bodies with timely information and advice on scientific and technological matters relating to the
Convention. This body shall
be open to participation by all
Parties and shall be multidisciplinary.
It shall comprise government
representatives competent
in the relevant
field of expertise.
It
shall report regularly to the
Conference of the
Parties on all aspects of its
work.
2. Under the guidance
of the Conference of the Parties, and drawing upon existing
competent international bodies, this body shall:
(a) Provide assessments of the state of scientific knowledge relating to
climate change and its effects;
(b) Prepare scientific assessments
on the effects of measures taken
in the implementation of the Convention;
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(d) Provide advice on scientific programmes,
international cooperation in research and development related to climate
change, as
well as on ways and means of supporting
endogenous capacity-building in developing countries; and
(e) Respond to scientific,
technological and methodological questions that the Conference of
the Parties and its subsidiary bodies may put to the body.
3. The functions and terms of reference
of this body may be further elaborated
by
the Conference of the Parties.
Article 10
SUBSIDIARY BODY FOR IMPLEMENTATION
1. A subsidiary body for implementation
is hereby established to assist
the Conference of the Parties in the assessment
and review of the effective
implementation of the Convention. This body shall
be open to participation by all Parties and comprise government representatives
who are experts on matters related
to climate change. It shall
report regularly to the Conference of the
Parties on all aspects of its work.
2. Under
the guidance of
the
Conference of the Parties, this body shall:
(a) Consider the information communicated in accordance with Article 12,
paragraph 1, to assess the overall aggregated effect of
the steps taken by the Parties
in the light of the latest scientific assessments concerning climate change;
(b) Consider the information communicated in accordance with Article 12,
paragraph 2, in order to assist the
Conference of the Parties in carrying out the reviews required by Article 4, paragraph
2 (d); and
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Article 11
FINANCIAL MECHANISM
1. A mechanism for the provision
of financial resources on a
grant or concessional basis, including for the
transfer of technology, is hereby defined.
It shall function under the guidance of and be accountable to the Conference of the Parties,
which shall decide on its policies,
programme priorities and eligibility criteria related to
this Convention. Its operation shall be entrusted to one or more
existing international entities.
2. The financial mechanism shall have an equitable and
balanced representation of all
Parties within a transparent
system
of governance.
3. The Conference of the Parties and
the entity or entities entrusted with the operation of the financial mechanism shall agree upon arrangements
to give effect to the above paragraphs,
which shall include the following:
(a) Modalities to ensure that the funded projects to
address climate change are in conformity with
the policies, programme priorities and
eligibility criteria established by the Conference of the Parties;
(b) Modalities by which a
particular funding decision may be reconsidered in light of these policies,
programme priorities and
eligibility criteria;
(c)
Provision by the entity or entities of regular reports
to the Conference of the Parties on its funding operations,
which is consistent with the requirement
for accountability set out in paragraph 1 above; and
(d) Determination in a predictable and
identifiable manner of the amount of funding necessary and available
for the
implementation of this Convention and the conditions under which that amount
shall be periodically reviewed.
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5. The developed country Parties
may
also provide and
developing country Parties avail themselves of, financial
resources related
to the implementation of the Convention through bilateral,
regional and other
multilateral channels.
Article 12
COMMUNICATION OF
INFORMATION RELATED
TO IMPLEMENTATION
1. In accordance with Article 4, paragraph
1, each Party shall communicate to the Conference of the Parties, through the secretariat, the
following elements of information:
(a) A national inventory of anthropogenic
emissions by sources and removals
by sinks of all greenhouse gases not controlled
by
the Montreal Protocol, to the
extent its capacities permit, using comparable methodologies to be promoted and agreed upon by the Conference of the
Parties;
(b) A general description of steps taken or envisaged by the Party to implement
the Convention; and
(c) Any other
information that the Party considers
relevant
to the achievement of the objective of the Convention and suitable for inclusion
in its communication, including, if feasible, material relevant
for calculations of global emission trends.
2. Each developed country Party and each
other Party included in Annex I shall incorporate in its communication
the following elements of information:
(a) A detailed description of the policies and measures
that it has adopted to implement its commitment
under Article 4, paragraphs 2 (a)
and 2 (b); and
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3. In addition, each developed
country Party and each other developed Party included
in Annex II shall
incorporate details of measures taken in accordance with Article 4, paragraphs
3, 4 and 5.
4. Developing country Parties may, on
a voluntary basis,
propose projects for financing,
including specific technologies, materials,
equipment, techniques or practices that would be needed to implement
such projects, along with, if
possible, an estimate of
all incremental costs, of the reductions of emissions and increments of removals of greenhouse gases,
as well
as an estimate of the consequent
benefits.
5. Each developed country Party and each
other Party included in Annex I shall make its initial communication within six months of the entry into force
of
the Convention for that Party. Each
Party not so listed shall make its
initial communication within three years of the entry into
force of the Convention for
that Party, or of the availability of
financial
resources in accordance with Article 4, paragraph 3. Parties
that are least developed countries
may
make their initial communication at their discretion. The frequency of subsequent communications by all
Parties shall be determined by the
Conference of the Parties, taking into account the differentiated timetable set by this
paragraph.
6. Information communicated by Parties under this Article shall be transmitted by the secretariat
as soon as possible to the Conference of the
Parties and to any subsidiary bodies concerned. If necessary, the procedures for the communication
of information may be further
considered by the Conference
of the Parties.
7. From its
first session, the Conference of the Parties shall arrange for the provision to
developing country Parties of technical
and financial support, on
request, in compiling and communicating information under this
Article, as well as in identifying the technical and financial needs associated with proposed
projects and response measures
under Article 4. Such support may be provided
by other Parties,
by
competent international organizations and by the secretariat, as appropriate.
8. Any group of Parties may, subject to
guidelines adopted
by
the Conference of the Parties, and to prior notification
to the Conference of the Parties, make a joint
communication in fulfilment of their obligations under this
Article, provided that such a communication
includes information on the fulfilment by each of these Parties of its
individual obligations under the
Convention.
9. Information received by the
secretariat that is designated
by
a Party as confidential,
in accordance with criteria
to be established by the
Conference of the Parties, shall be aggregated
by
the secretariat to protect its confidentiality before
being
made available to any of the bodies involved in the communication and review
of information.
10. Subject to paragraph 9 above,
and without prejudice to the ability of any Party to
make public its communication
at any time, the
secretariat
shall make communications
by
Parties under this Article publicly available
at the time they are submitted to the Conference
of the Parties.
Article 13
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The Conference
of
the Parties shall, at its first session, consider the establishment of a multilateral consultative process, available to
Parties on their
request, for the resolution of questions regarding the implementation
of the Convention.
Article 14
SETTLEMENT OF DISPUTES
1. In the event of a
dispute between any two or more Parties concerning the interpretation
or application of the Convention, the
Parties concerned shall seek a settlement of the dispute through negotiation
or any other peaceful
means of their own choice.
2. When ratifying, accepting, approving or acceding to the Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the
Depositary that, in respect of any dispute concerning the
interpretation or application of the
Convention, it recognizes as compulsory ipso facto and
without special agreement, in relation to any Party accepting the same obligation:
(a) Submission of the dispute to the International
Court of Justice; and/or
(b) Arbitration
in accordance with procedures to be adopted
by
the Conference of the Parties as soon as practicable,
in an annex on arbitration.
A Party which is a
regional economic integration
organization may make a declaration
with like effect in relation to arbitration in accordance with the procedures
referred to
in subparagraph (b) above.
3. A declaration
made under paragraph 2 above shall
remain in force until it expires
in accordance with its terms or
until three months after written notice of its revocation has been deposited with the Depositary.
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5. Subject to the operation of paragraph 2 above, if after
twelve months following notification by one
Party to another that a dispute exists
between them, the Parties
concerned have not been able
to settle their dispute through
the means mentioned in paragraph 1 above,
the dispute shall be submitted, at the request of any of the
parties to the dispute, to conciliation.
6. A conciliation commission shall be created upon the request of one of
the parties to the dispute. The
commission shall be composed of an
equal number of members appointed by each party concerned and a chairman chosen jointly by the
members appointed by each
party.
The commission shall render a recommendatory award, which the parties shall consider in good faith.
7. Additional procedures
relating to conciliation
shall be adopted by the Conference
of
the Parties, as soon as practicable,
in an annex on conciliation.
8. The provisions of this Article shall apply to
any related legal instrument which the Conference of the Parties may adopt,
unless the instrument provides otherwise.
Article 15
AMENDMENTS
TO THE CONVENTION
1. Any Party may propose
amendments to the Convention.
2. Amendments to the Convention shall be adopted at
an ordinary session of
the Conference of the Parties.
The text of any proposed amendment
to the Convention shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate proposed
amendments to the signatories to the Convention and, for information,
to the Depositary.
3. The Parties shall make every effort to reach
agreement
on any proposed amendment
to the Convention by consensus. If all efforts
at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted
by a
three-fourths majority vote
of the Parties present and voting at the meeting. The adopted
amendment shall be communicated by the secretariat to the
Depositary,
who shall circulate
it to all Parties
for their acceptance.
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5. The amendment
shall enter into force for any other Party on the
ninetieth day after the date on which that Party deposits
with the Depositary its
instrument of acceptance of
the said amendment.
6. For the
purposes of this Article, “Parties present and voting” means
Parties present and casting an affirmative or negative
vote.
Article 16
ADOPTION AND AMENDMENT
OF ANNEXES TO THE
CONVENTION
1. Annexes to the Convention shall form an integral part thereof
and, unless otherwise expressly provided, a reference to the Convention constitutes at the same time a reference to any
annexes
thereto. Without prejudice to the
provisions of Article 14, paragraphs
2 (b) and 7, such annexes
shall be restricted to lists, forms and any other material of a descriptive
nature that is of a scientific, technical,
procedural or administrative
character.
2. Annexes to the Convention shall be proposed and adopted in accordance with the procedure set forth in Article
15, paragraphs 2, 3 and 4.
3. An annex that
has been adopted in accordance with
paragraph 2 above
shall enter into force for all Parties to the Convention six months after
the date of the communication by the
Depositary to such Parties of the adoption of the annex,
except
for those Parties that have notified the Depositary, in writing,
within that period of their
non-acceptance of the annex.
The annex shall enter into force for
Parties which withdraw their
notification of non-acceptance on the
ninetieth day after
the date on which withdrawal
of such notification has been received by the
Depositary.
4. The proposal, adoption and entry into force
of amendments
to annexes to the Convention shall be subject to the same procedure as that for the proposal,
adoption and entry into
force of annexes to the Convention in accordance with
paragraphs
2 and 3 above.
5. If the adoption of an annex or
an amendment to an annex involves an amendment to the Convention, that annex or amendment to an annex shall not enter into force until such time
as the amendment to the Convention
enters into force.
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PROTOCOLS
1. The Conference
of
the Parties may, at any ordinary session,
adopt protocols to the Convention.
2. The text
of any proposed protocol shall be communicated to the Parties by the secretariat
at least six months before such a
session.
3. The requirements for the entry into force of any protocol
shall be established by that
instrument.
4. Only Parties to the Convention may be Parties to a protocol.
5. Decisions under any protocol shall be taken only by the
Parties to the protocol concerned.
Article 18
RIGHT TO VOTE
1. Each Party to the Convention shall have one vote, except
as provided for in paragraph 2 below.
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Article 19
DEPOSITARY
The Secretary-General
of the United Nations shall be the Depositary of the Convention and of protocols adopted in accordance with Article 17.
Article 20
SIGNATURE
This Convention shall be open for signature by States
Members of the United Nations or of
any of
its specialized agencies or
that are Parties to the Statute
of the International Court of
Justice and by regional economic
integration organizations
at Rio de Janeiro, during the United Nations Conference on Environment and Development,
and thereafter at United Nations
Headquarters in New
York from 20 June 1992 to 19 June
1993.
Article 21
INTERIM ARRANGEMENTS
1. The secretariat
functions referred to in Article 8 will
be carried out on an interim
basis by the secretariat established by the General Assembly of the United Nations
in its resolution 45/212 of 21 December 1990, until the completion of the first session of the Conference of
the Parties.
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3. The Global Environment Facility of the
United Nations
Development Programme,
the United Nations Environment Programme and the
International Bank for
Reconstruction and Development
shall be the international
entity entrusted with the operation of the financial
mechanism referred
to in Article 11 on an interim basis. In
this connection, the Global Environment Facility should be
appropriately restructured and
its membership made universal
to enable it to fulfil the requirements
of Article 11.
Article 22
RATIFICATION, ACCEPTANCE,
APPROVAL OR ACCESSION
1. The Convention shall be subject to ratification, acceptance,
approval or accession
by States and by regional
economic integration organizations.
It shall be open for accession from the day after the date on which the Convention is closed for signature. Instruments of ratification, acceptance, approval
or accession shall be deposited
with the Depositary.
2. Any regional economic integration organization which becomes a Party to
the Convention without any of its member States being a
Party shall
be bound by all the obligations under the Convention. In the case of such
organizations, one or more of whose
member States is a Party to the Convention, the organization and its member States shall decide
on their respective responsibilities
for the performance of their obligations
under the Convention. In such cases,
the organization and the member States
shall not be entitled to exercise rights under
the Convention concurrently.
3. In their instruments of ratification, acceptance,
approval
or accession, regional economic integration
organizations shall
declare the extent
of their competence with
respect to the matters
governed
by
the Convention. These organizations shall
also inform the Depositary,
who shall in turn inform the Parties, of any substantial modification in the extent
of their competence.
Article 23
ENTRY INTO FORCE
1. The Convention shall enter into force on the ninetieth day after the date of deposit
of the fiftieth instrument of ratification,
acceptance, approval or accession.
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3. For the
purposes of paragraphs 1 and 2 above,
any
instrument deposited by a regional economic integration organization
shall not be counted as additional
to those deposited by States members of the organization.
Article 24
RESERVATIONS
No reservations
may
be made to the Convention.
Article 25
WITHDRAWAL
1. At any time after
three
years from the date on which
the Convention has entered into force for a Party, that
Party may withdraw from the Convention by giving
written notification to the Depositary.
2. Any such
withdrawal shall take effect upon expiry of one year from
the date of
receipt by the Depositary of the notification of withdrawal, or on
such later date as may be specified
in the notification of withdrawal.
3. Any Party that withdraws
from the Convention shall be considered as also
having withdrawn from any protocol to which it is a Party.
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AUTHENTIC TEXTS
The original of this Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic,
shall be deposited with the
Secretary-General
of the United Nations.
IN WITNESS WHEREOF the
undersigned, being duly authorized
to that effect, have signed this
Convention.
DONE at
New York this ninth day of
May one thousand
nine hundred and ninety-two.
ANNEX I
Australia
Austria
Belarusa
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Bulgariaa
Canada
Croatiaa *
Czech Republica *
Denmark
European Economic Community
Estoniaa
Finland
France
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Greece
Hungarya
Iceland
Ireland
Italy
Japan
Latviaa
Liechtenstein*
Lithuaniaa
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Monaco*
Netherlands
New Zealand
Norway
Polanda
Portugal
Romaniaa
Russian
Federationa
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Sloveniaa *
Spain
Sweden
Switzerland
Turkey
Ukrainea
United Kingdom
of Great
Britain
and Northern Ireland
United States of America
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a Countries that are undergoing the process
of transition to a market economy.
* Publisher’s note:
Countries added to Annex I by an amendment
that entered into force on 13
August 1998, pursuant to decision 4/CP.3 adopted at COP.3.
ANNEX II
Australia
Austria
Belgium
Canada
Denmark
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Finland
France
Germany
Greece
Iceland
Ireland
Italy
Japan
Luxembourg
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66