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.
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Article
4 Committments
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 national
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;
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.
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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 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.
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