Overview of the Legal Framework: UNFCCC and Kyoto Protocol Session 1 M.J. Mace Climate Change and Energy Programme ECBI pre-COP 13 Workshop for Least Developed Country Negotiators Bali, Indonesia November 2007

Life Cycle of an MEA? Pre-negotiation Negotiation – INCs, PrepComs Adoption Depositing text with UN Secretary General Treaty opened for signature/ratification Treaty closes for signature Entry into force Accession to treaty

Developed and Developing Country Commitments Mitigation Adaptation Reporting to COP Gathering and Disseminating Information

Basic Convention Elements Article 1 – Definitions Article 2 – Objective Article 3 – Principles Article 4 – Commitments Article 5 – Research and Systematic Observation Article 6 – Education, Training and Public Awareness Article 9 – SBSTA Article 10 – SBI Article 11 – Financial Mechanism Article 12 – National Communications

UNFCCC and Kyoto Protocol Bodies

Commitments Article – Commitments for all Parties mitigation adaptation Reporting 4.3 – Funding for developing countries 4.4 – Funding for PV developing countries 4.5 – Technology Transfer (adaptive techs) 4.7 – Links commitments to funding and TT 4.8 – Actions for developing countries 4.9 – Actions to consider special needs of LDCs

Mitigation Obligations develop GHG inventories - 4.1(a) formulate national and regional programmes containing mitigation and adaptation measures - 4.1(b) cooperate in development and transfer of technology in all relevant sectors that reduce or prevent emissions 4.1(c) promote sustainable management of sinks - 4.1(d) take climate change into consideration in social, economic and environmental policies - 4.1(f)

Adaptation Obligations formulate national and regional programmes containing mitigation and adaptation measures 4.1(b) cooperate in preparing for adaptation; develop integrated plans for coastal zone management, water resources and agriculture and for the protection of areas affected by drought and flood 4.1(e) take climate change into consideration in social, economic and environmental policies (4.1(f))

Reporting Obligations National communications to the COP, with information related to implementation (Art. 4 (j)) National inventory of GHGs by sources and sinks Steps taken or envisaged to implement the Convention Projects for financing, including technologies and estimate of incremental costs of reductions of GHGs

Gathering and Disseminating Information Obligations promote and cooperate in scientific research, systematic observation, development of data archives (4.1(g) / Art. 5) promote and cooperate in education, training and public awareness related to climate change (4.1(i) / Art. 6)

Kyoto Protocol: the Target Annex I UNFCCC (Developed) Countries Reduce their aggregate emissions by at least 5 percent below 1990 levels between 2008 and 2012 Quantified Limitation or Reduction Commitments (QELRCs) for each Annex I Party are listed in Annex B of the Kyoto Protocol

Global Warming Potential: 6 GHGs GWPLifespan (yrs)contribution CO2161% Methane231215% NO % HFCs , PFCs SF622,220

Annex B Countries and their emission targets EU-15, Bulgaria, Czech Republic, Estonia, Latvia, Liechtenstein, Lithuania, Monaco, Romania, Slovakia, Slovenia, Switzerland -8% US -7% Canada, Hungary, Japan, Poland-6% Croatia -5% NZ, Russia, Ukraine 0 Norway 1% Australia 8% Iceland 10%

Original division of assigned amounts US had participated

Kyoto Protocol: Flexibility 3 “Flexible” Mechanisms Joint Implementation (Art. 6) Clean Development Mechanism (Art. 12) Emissions Trading (Art. 17 KP)

Example Assume cost of reducing emissions by 1 metric tonne is US - $10 by using pollution controls, or imposing regulations on waste emissions (plus political cost) Russia - $7 tonne, because old industrial processes, coal-fired plants India - $6 tonne through fuel switching. African country – by the planting of trees or shrubs, $4 hot air situation – market price – but won’t know price until KP off the ground

Flexibility Mechanisms Do NOT reduce global emissions but create flexibility WHERE and by WHOM reductions are made – optimizing the use of cheap reduction options Use of CDM increases total allowed domestic Annex I, as projects in developing countries are used to generate credits to offset emissions in developed countries

Kyoto Protocol: Flexibility 3 “Flexible” Mechanisms: Joint Implementation Article 6 (ERUs) Clean Development Mechanism Article 12 (CERs) Emissions Trading Article 17 (AAUs) A1 NA1 A1

Kyoto Protocol Progress EIF February 16, % below 1990 levels in aggregate to be achieved by – 1st Commitment Period By 2005, each country must have made ‘demonstrable progress.’ (Art. 3.2) COP initiated consideration of commitments for subsequent periods in 2005 (Art. 3.9) First COP/MOP – November 2005

Articles 5, 7 and 8 – Monitoring, Reporting, Verification Article 5 – Parties must create national systems for estimating emissions by sources and removals by sinks, using IPCC methodologies and GWPs (global warming potentials) Article 7 – Parties must submit annual GHG inventories with ‘supplementary’ information needed to demonstrate compliance with Protocol commitments – COP to approve reporting guidelines

Article 8 – expert review teams will review information submitted by Parties (ERTs). ERTs will provide a technical assessment of KP implementation and prepare a report for the COP/MOP identifying potential problems. Questions of implementation will be forwarded to the Kyoto Protocol Compliance Committee Committee decides on ineligibilty to participate in the flexible mechs

Compliance Committee Facilitative Branch facilitates compliance with targets Enforcement Branch Makes declarations of non-compliance Decides consequences for non-compliance Reduces tonnes of GHGs allowable in subsequent commitment period where target not achieved in first commitment period, plus penalty of (.3)(tonnnes not reduced)