UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (1992)
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 *
[ * Titles of articles are included solely to assist the reader.]
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.
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 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;
(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
Australia
Austria
Belarus a/
Belgium
Bulgaria a/
Canada
Czechoslovakia a/
Denmark
European 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 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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