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,
Recalling the pertinent provisions of the
Declaration of the United Nations Conference on the Human
Environment, adopted at Stockholm on 16 June 1972,
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,
Recognizing that various actions to address
climate change can be justified economically in their own
right and can also help in solving other environmental
problems,
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*
For the purposes of this Convention:
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.
* Titles of articles are included solely to assist the
reader.
ARTICLE 2
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.
5....The Parties should cooperate to promote a supportive
and open international economic system that would lead to
sustainable economic growth and development in all Parties,
particularly developing country Parties, thus enabling them
better to address the problems of climate change. Measures
taken to combat climate change, including unilateral ones,
should not constitute a means of arbitrary or unjustifiable
discrimination or a disguised restriction on international
trade.
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;
(g)....Promote and cooperate in scientific,
technological, technical, socio-economic and other research,
systematic observation and development of data archives
related to the climate system and intended to further the
understanding and to reduce or eliminate the remaining
uncertainties regarding the causes, effects, magnitude and
timing of climate change and the economic and social
consequences of various response strategies;
(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 national1
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 :
i)....Coordinate as appropriate with other such Parties,
relevant economic and administrative instruments developed
to achieve the objective of the Convention; and
(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.
8....In the implementation of the commitments in this
Article, the Parties shall give full consideration to what
actions are necessary under the Convention, including
actions related to funding, insurance and the transfer of
technology, to meet the specific needs and concerns of
developing country Parties arising from the adverse effects
of climate change and/or the impact of the implementation of
response measures, especially on:
(a)....Small island countries;
(b)....Countries with low-lying coastal areas;
(c)....Countries with arid and semi-arid areas, forested
areas and areas liable to forest decay;
(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)....Land-locked and transit countries.
Further, the Conference of the Parties may take actions,
as appropriate, with respect to this paragraph.
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
EDUCATION, TRAINING AND PUBLIC AWARENESS
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.
ARTICLE 7
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;
(f)....Consider and adopt regular reports on the
implementation of the Convention and ensure their
publication;
(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.
5....Extraordinary sessions of the Conference of the
Parties shall be held at such other times as may be deemed
necessary by the Conference, 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.
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;
(e)....To ensure the necessary coordination with the
secretariats of other relevant international bodies;
(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;
(c)....Identify innovative, efficient and
state-of-the-art technologies and know-how and advise on the
ways and means of promoting development and/or transferring
such technologies;
(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
(c)....Assist the Conference of the Parties, as
appropriate, in the preparation and implementation of its
decisions.
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.
4....The Conference of the Parties shall make
arrangements to implement the above- mentioned provisions at
its first session, reviewing and taking into account the
interim arrangements referred to in Article 21, paragraph 3,
and shall decide whether these interim arrangements shall be
maintained. Within four years thereafter, the Conference of
the Parties shall review the financial mechanism and take
appropriate measures.
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
(b)....A specific estimate of the effects that the
policies and measures referred to in subparagraph (a)
immediately above will have on anthropogenic emissions by
its sources and removals by its sinks of greenhouse gases
during the period referred to in Article 4, paragraph 2(a).
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
RESOLUTION OF QUESTIONS REGARDING IMPLEMENTATION
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.
4....A new declaration, a notice of revocation or the
expiry of a declaration shall not in any way affect
proceedings pending before the International Court of
Justice or the arbitral tribunal, unless the parties to the
dispute otherwise agree.
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.
4....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
the Convention.
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.
ARTICLE 17
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.
2....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 the Convention. Such an
organization shall not exercise its right to vote if any of
its member States exercises its right, and vice versa.
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.
2....The head of the interim secretariat referred to in
paragraph 1 above will cooperate closely with the
Intergovernmental Panel on Climate Change to ensure that the
Panel can respond to the need for objective scientific and
technical advice. Other relevant scientific bodies could
also be consulted.
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.
2....For each State or regional economic integration
organization that ratifies, accepts or approves the
Convention or accedes thereto after the deposit of the
fiftieth instrument of ratification, acceptance, approval or
accession, the Convention shall enter into force on the
ninetieth day after the date of deposit by such State or
regional economic integration organization of its instrument
of ratification, acceptance, approval or accession.
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.
ARTICLE 26
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 AND ANNEX II
COUNTRIES
Annex I
Annex I
Australia
Austria
Belarus a/
Belgium
Bulgaria a/
Canada
Czechoslovakia a/
Denmark
European Economic Community
Estonia a/
Finland
France
Germany
Greece
Hungary a/
Iceland
Ireland
Italy
Japan
Latvia a/
Lithuania a/
Luxembourg
Netherlands
New Zealand
Norway
Poland a/
Portugal
Romania a/
Russian Federation a/
Spain
Sweden
Switzerland
Turkey
Ukraine a/
United Kingdom of Great Britain and Northern Ireland
United States of America
a/ Countries that are undergoing the process of
transition to a market economy.
Annex II
Australia
Austria
Belgium
Canada
Denmark
European Economic Community
Finland
France
Germany
Greece
Iceland
Ireland
Italy
Japan
Luxembourg
Netherlands
New Zealand
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and Northern Ireland
United States of America
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