The global framework for action on climate change

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The global climate change regime and negotiations
for a post-2012 framework
Training workshop on climate change for
professional staff of UNECA 17-20 November
2009 Dan Bondi Ogolla Chief Legal
Adviser UNFCCC secretariat ltunfccc.intgt
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Part I International legal framework
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Major milestones in the international climate
change process
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The United Nations Framework Convention on
Climate Change Reviewing the basics

• Adopted at the fifth session of the INC in New
  York on 9 May 1992
• Opened for signature from 4 to 14 June 1992 at
  UNCED (the Earth Summit) and thereafter, at the
  UN HQs in New York until 19 June 1994
• Entered into force on 21 March 1994

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The United Nations Framework Convention on
Climate Change Reviewing the basics

• Currently has 194 Parties near universal
  participation
• Framework legal instrument foundation of global
  efforts to combat climate change

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Ultimate objective of the Convention (Article 2)

• Ultimate objective . . . to achieve . . .
  stabilization of greenhouse gas concentrations in
  the atmosphere at a level that would prevent
  dangerous anthropogenic interference with the
  climate system . . .
• Mitigating climate change and its impacts lies at
  the heart of the Conventions objective

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Ultimate objective of the Convention (Article 2)

• Mitigating climate change
• Limiting, or as appropriate, reducing,
  anthropogenic GHG-emissions by sources
• Preserving or, as appropriate, enhancing sinks
  and reservoirs of GHGs

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Ultimate objective of the Convention (Article 2)

• Mitigating impacts Adaptation
• Formulate implement measures to facilitate
  adequate adaptation to climate change
• Parties to co-operate in preparing for adaptation
  to impacts of climate change

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Ultimate objective of the Convention (Article 2)

• Take climate change considerations into account
  in relevant social, economic environmental
  practices and actions and employ appropriate
  methods, e.g. impact assessments.
• Full consideration of actions necessary to meet
  the specific needs concerns of developing
  countries arising from adverse effects of climate
  change and impact of response measures.

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Ultimate objective of the Convention (Article 2)

• Assistance to developing countries to meet the
  costs of adaptation to climate change.

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Principles guiding Parties to the Convention
(Article 3)

• Common but differentiated responsibilities
• Precautionary principle
• Full consideration for developing country needs
  and circumstances
• Right to sustainable development
• Supportive and open economic system

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Groups of Parties under the Convention

• Annex I Parties
• Non-Annex I Parties
• Categorization based on the principles of equity
  and common but differentiated responsibilities
• Developed country Parties required to take the
  lead
• The specific needs and special circumstances of
  developing country Parties to be given full
  consideration

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Obligations of Annex I Parties under the
Convention

• Expected to take the lead in modifying long-term
  trends in GHG emissions (Article 4.2(a))
• Pledged to adopt national PAMs that aim to return
  national GHG emissions to 1990 levels by the year
  2000 (Article 4.2(b))
• Required to submit regular reports (NCs)
  detailing their climate change PAMs(Article
  4.2(b)) and an annual inventory of their GHG
  emissions

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Obligations of Annex II Parties

• Provide new and additional financial resources to
  developing countries to help them tackle climate
  change (Article 4.3)
• FM established under Art. 11 for the provision of
  financial resources on a grant concessional
  basis.
• Assist developing country Parties that are
  particularly vulnerable to the adverse effects of
  climate change in meeting the costs of adaptation
  (Article 4.4)
• Facilitate the transfer of climate-friendly
  technologies to both developing countries and
  EITs (Article 4.5)

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Groups of Parties under the ConventionEITs

• Allowed a certain degree of flexibility in
  implementing commitments under Article 4.2 in
  order to enhance their ability to address climate
  change (Article 4.6)
• Identified with an asterisk in Annex I of the
  Convention

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Groups of Parties under the Convention Non-Annex
I Parties

• Mostly developing countries, including
• LDCs (Article 4.9)
• Parties particularly vulnerable to the adverse
  effects of climate change (Article 4.8) and
  response measures (Article 4.9)
• Must report in more general terms on their
  actions to address climate change and to adapt to
  its effects
• Subject to the obligations of all Parties
  specified in Article 4.1, taking into account
  their common but differentiated responsibilities
  and development priorities

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The Kyoto Protocol

• Supplements and strengthens the Convention,
  building upon and enhancing many of the
  commitments already in place under the Convention
• Groups countries same as in the Convention
• As at 5 November 2009, had 189 Parties
  representing 63.7 of total CO2 emissions in 1990
  of Annex I Parties

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Groups of Parties under the Kyoto Protocol

• Parties included in Annex I
• with a QELRC inscribed in Annex B
• without a QELRC inscribed in Annex B
• Turkey
• Belarus
• Parties not included in Annex I

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General commitments for all Parties Art. 10

• Taking steps to improve the quality of emissions
  data (Article 10(a))
• Formulating and implementing national mitigation
  and adaptation programs (Article 10(b))
• Such programmes to focus on energy, transport and
  industry sectors, agriculture, forestry and waste
  management

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General commitments for all Parties

• Promoting environmentally sound technology
  transfer (Article 10(c))
• Cooperating in scientific and technical research
  and promoting systematic climate observation
  systems (Article 10(d))

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General commitments for all Parties

• Cooperating in and promoting education, training,
  public awareness and capacity-building
  initiatives (Article 10(e))
• Include in their NCs information on programmes
  and activities undertaken (Article 10(f))
• Give full consideration to actions necessary to
  meet the specific needs and concerns of
  developing country Parties arising from the
  adverse effects of climate change and response
  measures (Article 10(g))

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Core Commitment for Annex B Parties Article 3.1

• Parties included in Annex I shall
• individually or jointly (e.g., the EC and its
  member states)
• ensure that their aggregate anthropogenic CO2
  equivalent emissions of the GHGs listed in Annex
  A
• do not exceed their assigned amounts, calculated
  pursuant to their quantified emission limitation
  and reduction commitments inscribed in Annex B
• with a view to reducing their overall emissions
  of such gases by at least 5 below 1990 levels
  in the commitment period 2008 to 2012 (Art. 3.1).
• If a Party fails to meet its emission target, it
  must make up the difference, plus 30 per cent, in
  CP2 (section XV, paragraph 5(a), annex to
  decision 27/CMP.1).

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Parties included in Annex B to the Kyoto Protocol
and their emission targets
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Differentiated targetsfrom 10 to -8
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Greenhouse Gases Regulated under the Kyoto
Protocol (Annex A)

• Carbon dioxide (CO2)
• Methane (CH4)
• Nitrous oxide (N2O)

• Hydrofluorocarbons (HFCs)
• Perfluorocarbons (PFCs)
• Sulphur hexafluoride (SF6)

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Limitation/Reduction of Emissions in Six Key
Sectors/Source Categories (Annex A)

• Energy
• Industrial processes
• Solvent and other product use

• Agriculture
• Land use change and forestry
• Waste

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flexibility mechanisms

• Designed to boost the cost-effectiveness of
  climate change mitigation and assist Annex I
  Parties in meeting their Article 3.1 commitments
• Joint implementation
• Clean development mechanism
• Emissions trading

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Joint ImplementationArticle 6

• An Annex I Party transfers or acquires ERUs from
  projects in another Annex I Party aimed at
  reducing GHG emissions by sources or enhancing
  removals by sinks
• Additionality condition Reduction/enhancement
  must be additional to any that would otherwise
  occur
• Acquisition of ERUs supplemental to domestic
  actions

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Clean Development MechanismArticle 12

• Objectives
• Assist non-Annex I Parties in achieving
  sustainable development
• Assist Annex I Parties in achieving compliance
  with their Article 3.1 commitments
• An Annex I Party may use CERs resulting from
  project activities undertaken in the territory of
  non-Annex I Parties to contribute to compliance
  with part of its commitment under Article 3.1
• Share of proceeds used to assist the most
  vulnerable developing country Parties to meet
  adaptation costs

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Emissions TradingArticle 17

• Transfer and/or acquisition of ERUs, CERs, AAUs
  or RMUs by an Annex B Party
• An Annex B Partys national registry is the
  electronic database that tracks holdings of and
  transactions of these units
• The international transaction log, which is
  administered by the secretariat, monitors and
  tracks transactions of these units

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Eligibility requirements

• Eligibility requirements
• Party to the Kyoto Protocol
• Assigned amount (AA) calculated
• National registry in place
• National system in place
• Submission of the most recent inventory
• Submission of supplementary information on AA
  according to Art. 7.1

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Eligibility requirements

• Establishing eligibility
• Initial Report Review
• Record parameters in CAD ITL
• Continue to meet eligibility (Annual Reports and
  review) (update of parameters in CAD and ITL)

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Kyoto Protocol Obligations

• Supplementary information under Article 7
• Establish National Systems under Article 5.1
• Establish national registries (Art. 7.4)
• Reporting under Article 10
• Review and Compliance

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Kyoto Protocol Obligations

• Supplementary Information - Article 7
• Each Annex I Party to incorporate in its annual
  inventory supplementary information for the
  purpose of ensuring compliance with Article 3
  (Article 7.1)
• Each Annex I Party to incorporate into its NCs
  supplementary information to demonstrate
  compliance with commitments under KP (Article
  7.2)

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Kyoto Protocol Obligations

• Guidelines for preparation of information
  required under Article 7 (decision 15/CMP.1)
• Objective to ensure compliance with Article 3

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Kyoto Protocol Reporting Obligations

• National Systems - Article 5.1
• Annex I Parties to establish and maintain a
  national system for the estimation of GHG
  emissions and removals.
• National system is the institutional, legal and
  procedural arrangements for the planning,
  preparation, reporting and archiving of inventory
  information under the Protocol
• Guidelines for national systems contained in
  decision 19/CMP.1

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Reporting and review timing of reports
3.1 Compliance Assessment
4th Nat Communication
Voluntary Annual Reporting under 7.1
True-up period Report

2006
2008
2009
2007
2012
2013
2014
2011
2015
2010
Reports to establish Assigned Amount
Mandatory Annual Reporting under 7.1
Article 8 Review Process
Compliance Committee
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Reports under the Kyoto Protocol
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Kyoto Protocol Reporting Obligations

• Article 10 Reporting
• Annex I Parties to submit information on action
  taken under the Protocol, including national
  programmes and activities, in accordance with
  Article 7
• Other Parties to include in national
  communications information on measures that
  address climate change and its adverse effects

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Review

• General
• Information submitted under Art. 7 to be reviewed
  by ERTs (Art. 8)
• Review process to provide a thorough
  comprehensive technical assessment of
  implementation

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Review

• ERTs to identify any potential problem in, and
  factors influencing, the fulfillment of
  commitments.
• Secretariat to list questions of implementation
  identified in ERT reports.

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Compliance

• General
• Procedures mechanisms relating to compliance
  under the KP established by decision 27/CMP.1
• Compliance Committee established, with two
  branches FB EB

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Compliance

• Facilitative branch
• FB responsible for providing advice and
  facilitation to Parties in implementing the KP,
  and for promoting compliance
• Early warning with respect to obligations under
  Articles 3.1, 5.1, 5.2, 7.1 and 7.4
• The FB can apply the following consequences
• Advice and facilitation
• Financial technical assistance, including
  technology transfer, CB from non-Convention
  sources.

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Compliance

• Facilitation of financial and technical
  assistance, including technology transfer, CB,
  taking into account Articles 4.3, 4.4 and 5.

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Compliance

• Enforcement Branch Responsible for determining
  whether a Party is not in compliance with
• Its QELRC
• Methodological and reporting requirements.
• EB can also apply
• Adjustments to inventories under Art. 5.2
• Corrections to the compilation and accounting
  database (CAD) for the accounting of AA under
  Art. 7.4

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Questions of implementation

• The CC receives questions of implementation from
• ERTs
• Any Party with respect to itself
• Any Party with respect to another Party
• Consequences applied by the EB
• Declaration of non-compliance

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Questions of implementation

• Development of a plan for the Party to get back
  into compliance
• Suspension from participation in the flexibility
  mechanisms

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Questions of implementation

• Where emissions of a Party have exceeded its AA
  the EB shall apply the following consequences
• Deduction from the Partys AA for CP2 of 1.3
  times of the tons of excess emissions (30
  penalty)
• Development of a compliance plan
• Suspension of eligibility to participate in ET.

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Thank you!
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