Download Kyoto Protocol to the United Nations Framework Convention on

Legislative Council Secretariat
IN13/02-03
INFORMATION NOTE
Kyoto Protocol to the United Nations Framework Convention on
Climate Change
1.
Introduction
1.1
This information note aims to provide background information on the
Kyoto Protocol to the United Nations Framework Convention on Climate Change
(Kyoto Protocol) which was adopted on 11 December 1997 by the Conference of the
Parties (COP) at its third session held in Kyoto, Japan.
2.
Background of Kyoto Protocol
2.1
Between 1979 and 1990, the issue of climate change1 was brought up and
discussed in various scientific and intergovernmental conferences.
2.2
In 1991, the Intergovernmental Negotiating Committee for a Framework
Convention on Climate Change (INC) under the United Nations was established to
prepare a convention, and the United Nations Framework Convention on Climate
Change (the Convention) was adopted in May 1992. In June 1992, the Convention
was opened for signature at the Earth Summit held in Rio de Janeiro, Brazil. One
hundred and fifty-four Parties2 signed the Convention at the Earth Summit, and the
number of Parties was increased to 188 in mid-February 2003.
1
2
In the atmosphere, there are naturally occurring greenhouse gases, such as water vapour and
carbon dioxide. The function of greenhouse gases is to keep the earth's surface warm by
preventing sun energy from radiating back to space directly. The increase of human-induced
emissions of greenhouse gases since the Industrial Revolution has enhanced the natural greenhouse
effect, resulting in an increase in the average temperature of the earth's surface -- global warming.
Some impacts of global warming have been discovered by scientists. For instance, global
warming causes wind and rainfall patterns change and raise the sea-levels, and thus food
production and people who live in coastal areas are affected.
Annex I Parties include most of the developed countries and countries in Eastern Europe and
former Soviet Union territories which are undergoing the process of transition to a market
economy. Annex II Parties refer to developed countries on the list of Annex I Parties. Most of
the Non-Annex I Parties are developing countries.
Research and Library Services Division
Page 1
Legislative Council Secretariat
IN13/02-03
2.3
The Convention entered into force in 1994. In 1995, INC was dissolved
and COP became the Convention's decision making body. At the first session of
COP held in 1995, delegates agreed that commitments of developed countries were
inadequate, and thus COP launched the Berlin Mandate talks on additional
commitments of developed countries. In 1997, Kyoto Protocol, a legal instrument,
was adopted at the third session of COP to consolidate commitments of developed
countries on climate change.
3.
Objective of Kyoto Protocol
3.1
Kyoto Protocol is intended to achieve the objective of the Convention, that
is, "to achieve… stabilization of greenhouse gas concentrations in the atmosphere at a
level that would prevent dangerous anthropogenic (human-induced) interference with
the climate system…"
4.
Summary of Kyoto Protocol
4.1
Kyoto Protocol consists of 28 Articles. The Preamble states that Kyoto
Protocol is built on Articles of the Convention and the Berlin Mandate. Article 1
defines terms used in Kyoto Protocol.3
4.2
Articles 2 to 9 list actions which Annex I Parties can take to reduce their
emissions of greenhouse gases4 and mechanisms which ensure actions are duly taken.
Article 2 states policies which Annex I Parties can implement to achieve their
assigned emission targets. Areas of concern include energy efficiency, sinks and
reservoirs5 of greenhouse gases, sustainable forms of agriculture, renewable forms of
energy, carbon dioxide sequestration technologies and reduction of greenhouse gases
emissions from emitting sectors.
3
4
5
Definitions of terms used in the Convention, namely "adverse effects of climate change", "climate
change", "climate system", "emissions", "greenhouse gases", "regional economic integration
organization", "reservoir", "sink" and "source", shall apply to Kyoto Protocol. Meanings of
"Conference of the Parties", "Convention", "Intergovernmental Panel on Climate Change",
"Montreal Protocol", "Parties present and voting", "Party" and "Party included in Annex I" are also
explained in Article 1.
Six types of greenhouse gases are included in Kyoto Protocol: carbon dioxide (CO2),
methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HCFs), perfluorocarbons (PFCs) and
sulphur hexafluoride (SF6). Fuel combustion and deforestation are the two main sources of CO2
emission in developed countries. CH4 is released by rice cultivation, domesticated animals such
as cattle, and the disposal and treatment of garbage and human wastes. N2O is emitted mostly as
a result of fertilizer use. HCFs and PFCs are created by the industrial sector. SF6 is used as an
electric insulator, heat conductor, and freezing agent.
"Sink" means any process, activity or mechanism which removes a greenhouse gas from the
atmosphere. For instance, plantations of trees remove CO2 from the atmosphere. "Reservoir"
means a component or components of the climate system where a greenhouse gas is stored. For
instance, forests store CO2.
Research and Library Services Division
Page 2
Legislative Council Secretariat
IN13/02-03
4.3
Article 3 of Kyoto Protocol assigns greenhouse gas emission targets for
Annex I Parties. In order to set up a quantified target, all greenhouse gases are
converted into carbon dioxide equivalent amount. Each Annex I Party ensures its
aggregate human-induced greenhouse gases does not exceed its assigned amount.
Annex I Parties agree to reduce the overall emissions of greenhouse gases by at least
5% below the 1990 levels in the commitment period of 2008 to 2012. Article 4
states that Annex I Parties can achieve the assigned target jointly. For instance, the
European Union as a group commits to at least 8% below the 1990 level.
4.4
Article 5 states that each Annex I Party establishes a national system for
the estimation of human-induced emissions by sources and removals by sinks of all
greenhouse gases. COP is the final authority to determine the methodologies for
estimation. Article 6 states that certified emission reductions may be transferred to
or acquired from other Parties to achieve a Party's own assigned target - an emission
trading system.
4.5
Article 7 states that each Annex I Party submits a national communication
to COP annually.
The national communication provides an inventory of
human-induced emissions by sources and removals by sinks. Article 8 states that the
submitted information is reviewed by expert review teams. The expert review teams
assess the implementation of the commitments of the Party and identify any potential
problems in and factors influencing the fulfillment of commitments.
A review
report will be submitted to COP and circulated to all Parties to the Convention.
Article 9 states that COP reviews Kyoto Protocol periodically.
4.6
Articles 10 to 12 elaborate co-operation among Parties and financial
contributions. Article 10 emphasizes regional co-operation among Parties to
document and mitigate climate change and international co-operation on climate
change research and training. Article 11 stipulates that developed countries provide
new and additional financial resources and transfer of technology to developing
countries to help reduce human-induced greenhouse gases emissions in these
countries. Article 12 stipulates a clean development mechanism which encourages
co-operation among developed and developing countries. Under the mechanism,
Annex I Parties fund project activities to assist Non-Annex I Parties in achieving
sustainable development. In return, Annex I Parties gain certified emission
reductions which can be used to meet their assigned targets.
4.7
Articles 13 to 23 elaborate the institutional arrangements of Kyoto
Protocol. COP serves as the meeting venue of Parties to Kyoto Protocol and the
ultimate authority of decisions on all aspects of Kyoto Protocol. The rules of
procedure, financial procedures, secretariat, subsidiary bodies, and settlement of
disputes of the Convention shall apply to Kyoto Protocol.
Research and Library Services Division
Page 3
Legislative Council Secretariat
IN13/02-03
4.8
Articles 24 to 27 stipulate the conditions of joining in, withdrawal from
and entry into force of Kyoto Protocol. Countries are free to join in and withdraw
from Kyoto Protocol. Article 25 states that Kyoto Protocol will enter into force 90
days after not less than 55 Parties' ratification, accounting for at least 55% of the total
carbon dioxide emissions of Annex I Parties in 1990. Article 28 states that the
authentic text of Kyoto Protocol is written in six languages.
5.
Differentiated Responsibilities of Developed and Developing Countries
5.1
The Preamble of the Convention states clearly that the largest share of
historical and current global emissions of greenhouse gases has originated in
developed countries and the emissions in developing countries are still relatively low.
Therefore, both the Convention and Kyoto Protocol emphasize the role of developed
countries in the reduction of human-induced greenhouse gases emissions.
5.2
For the purpose of determining whether Kyoto Protocol will enter into
force (refer to paragraph 4.8), each Annex I Party's carbon dioxide emissions and its
percentage of the total carbon dioxide emissions of all Annex I Parties in 1990 are
assessed. Each Annex I Party's greenhouse gases emissions, in carbon dioxide
equivalent amount, is used to calculate the assigned target for the Annex I Party to
achieve. The related figures are listed in the Appendix of this information note for
reference. Apart from meeting the assigned targets, developed countries also abide
by Kyoto Protocol to make financial contribution to support developing countries to
implement policies and measures which gear towards sustainable development.
5.3
Although the number of Non-Annex I Parties, being counted towards the
requirement of ratification by 55 Parties under Article 25, affects the entry into force
of Kyoto Protocol (refer to paragraph 4.8), Non-Annex I Parties' carbon dioxide
emissions amount in 1990 is not a determinant. In fact, no targets are assigned to
Non-Annex I Parties in Kyoto Protocol. The obligation of developing countries is to
document and report their commitments of reducing greenhouse gases to COP after
receiving funding for a specific period of time.
6.
Operational Rulebook for Kyoto Protocol
6.1
Between 1998 and 2001, COP worked out an operational rulebook for
Kyoto Protocol. When Kyoto Protocol was adopted in 1997, there was not enough
time for Parties to finalize its operational details. In 1998, COP, at its fourth session,
agreed a two-year plan of action for completing an operational rulebook for Kyoto
Protocol. However, the operational rulebook for Kyoto Protocol was completed one
year later than originally planned.
Research and Library Services Division
Page 4
Legislative Council Secretariat
IN13/02-03
6.2
In 2001, the Marrakesh Accords (the Accords) were adopted at the seventh
session of COP, held in Marrakesh, Morocco. The Accords serve as the operational
rulebook for Kyoto Protocol. The Accords set out the operational details of the
following items: emissions trading system, the clean development mechanism, rules
for counting emissions reductions from carbon sinks, a compliance regime, and a
package of financial and technological support to help developing countries contribute
to global action on climate change.
6.3
The World Summit on Sustainable Development was held in Johannesburg,
South Africa from 26 August to 4 September 2002. Resolution 2 - Plan of
Implementation of the World Summit on Sustainable Development (the Plan) was
adopted at the meeting. Paragraph 38 of the Plan states that the Convention, Kyoto
Protocol and the Accords are key instruments for addressing the climate change issue.
7.
Current Status of Kyoto Protocol
7.1
With the completion of the operational rulebook in 2001, Kyoto Protocol
has been ready for implementation. Nevertheless, Kyoto Protocol has not entered
into force, as one of the requirements under Article 25 of Kyoto Protocol is not
fulfilled. As of 28 January 2003, 104 Parties have ratified Kyoto Protocol, which
fulfils the requirement of ratification by not less than 55 Parties. However, Annex I
Parties ratifying Kyoto Protocol account for only 43.9% of the total amount of 1990
carbon dioxide emissions (refer to the Appendix), which is less than the required
55%.
7.2
The United States of America, the country with carbon dioxide emissions
accounting for 36.1% of the Annex I Parties in 1990, has not ratified Kyoto Protocol.
In 2001, President George W. Bush replied several Senators in a letter about his
Administration's stand on Kyoto Protocol. He stated in the letter that "I oppose the
Kyoto Protocol because it exempts 80 percent of the world, including major
population centers such as China and India, from compliance, and would cause
serious harm to the U.S. economy."
Research and Library Services Division
Page 5
Legislative Council Secretariat
IN13/02-03
7.3
The People's Republic of China approved Kyoto Protocol on 30 August
2002. On the same day, the Chinese government informed the Secretary-General of
the United Nations that in accordance with Article 153 of The Basic Law,6 Kyoto
Protocol would provisionally not apply to Hong Kong.7 In reply to a Member's
question at the Legislative Council meeting, held on 9 October 2002, the Secretary for
the Environment, Transport and Works stated that "…we have already made a request
to the Central Government for allowing Hong Kong to become a member of the
Protocol…"
7.4
In addition to China and Japan, Asian countries including the Republic of
Korea, Thailand, Bangladesh, India, Vietnam, Malaysia and Cambodia have also
ratified Kyoto Protocol.
___________________
Prepared by Simon LI
21 February 2003
Tel: 2869 9343
---------------------------------------------------------------------------------------------------------------------------The Legislative Council Secretariat welcomes the re-publication, in part or in whole, of this
document, and also its translation in other languages. Materials may be reproduced freely for noncommercial purposes, provided acknowledgement is made to the Research and Library Services
Division of the Legislative Council Secretariat as the source and one copy of the reproduction is sent
to the Legislative Council Library.
6
7
The first part of Article 153 of The Basic Law stipulates that:
"The application to the Hong Kong Special Administrative Region of international agreements to
which the People's Republic of China is or becomes a party shall be decided by the Central
People's Government, in accordance with the circumstances and needs of the Region, and after
seeking the views of the government of the Region…"
The full text of the Chinese government's communication to the Secretary-General of the United
Nations is as follows:
“In accordance with article 153 of the Basic Law of the Hong Kong Special Administrative
Region of the People's Republic of China of 1990 and article 138 of the Basic Law of the Macao
Special Administrative Region of the People's Republic of China of 1993, the Government of the
People's Republic of China decides that the Kyoto Protocol to the United Nations Framework
Convention on Climate Change shall provisionally not apply to the Hong Kong Special
Administrative Region and the Macao Special Administrative Region of the People's Republic of
China.”
Research and Library Services Division
Page 6
Legislative Council Secretariat
IN13/02-03
Appendix
Current Status and Targets on Greenhouse Gases Emissions of Kyoto Protocol
Annex I Parties
Accumulated
percentage
of
carbon dioxide emissions in the
1990 level by Annex I Parties
which ratified Kyoto Protocol
Australia
Austria
Belgium
Bulgaria§
Canada
Croatia
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary§
Iceland
Ireland
Italy
Japan
Latvia
Liechtenstein
Lithuania
Luxembourg
Monaco
Netherlands
New Zealand
Norway
Poland§
Portugal
Romania§
Russian Federation
Slovakia
Slovenia
Spain
Sweden
Switzerland
Ukraine
United Kingdom
United States of America
Total:
-0.4
0.8
0.6
3.3
--*
1.2
0.4
0.3
0.4
2.7
7.4
0.6
0.5
0.0
0.2
3.1
8.5
0.2
-*
0.1
-1.2
0.2
0.3
3.0
0.3
1.2
-0.4
*
1.9
0.4
---*
4.3
-43.9
Targets - percentage increase or
decrease of greenhouse gases emissions
without sinks in the 1990 level to be
achieved between 2008 and 2012@
+8
-8(-13)
-8(-7.5)
-8
-6
-5
-8
-8(-21)
-8
-8(0)
-8(0)
-8(-21)
-8(-25)
-6
+10
-8(-13)
-8(-6.5)
-6
-8
-8
-8
-8(-28)
-8
-8(-6)
0
+1
-6
-8(-27)
-8
0
-8
-8
-8(-15)
-8(-4)
-8
0
-8(-12.5)
-7
--
Notes:
§ Some Parties with economies in transition use base years other than 1990: Bulgaria (1988), Hungary (average
of 1985-87), Poland (1988) and Romania (1989). These base years are given in this table in lieu of 1990.
@
Annex I Parties' overall target is -5%. The European Union (EU) as a group is committed to -8%; the national
rates allocated through an internal EU agreement are indicated here in parentheses.
* The carbon dioxide emissions of these Parties are not counted towards the entry into force threshold.
-- Parties have not ratified Kyoto Protocol.
Sources:
Annex B of Kyoto Protocol to the United Nations Framework Convention on Climate Change and
Kyoto Protocol Status of Ratification.
Research and Library Services Division
Page 7
Legislative Council Secretariat
IN13/02-03
References
1.
The Basic Law of the Hong Kong Special Administrative Region of the People's
Republic of China available at http://www.info.gov.hk/basic_law/fulltext.
2.
"Climate Change Information Kit" published by United Nations Environment
Programme and United Nations Framework Convention on Climate Change,
2002.
3.
Climate Change Secretariat. A Guide to the Climate Change Convention and its
Kyoto Protocol. Bonn: United Nations Framework Convention on Climate
Change, 2002.
4.
Depledge, Joanna. Tracing the Origins of the Kyoto Protocol: An
Article-by-article Textual History. Bonn: United Nations Framework
Convention on Climate Change, 2000.
5.
Hong
Kong
Hansard
available
at
http://www.legco.gov.hk/yr0203/english/counmtg/ hansard/cm1009ti-translate-e.pdf.
6.
"Kyoto
Protocol
Status
of
http://unfccc.int/resource/convkp.html.
7.
"Kyoto
Protocol
Thermometer"
http://unfccc.int/resource/kpthermo.html.
8.
Kyoto Protocol to the United Nations Framework Convention on Climate
Change available at http://unfccc.int/resource/convkp.html#kp.
9.
The Marrakesh Accords & The Marrakesh Declaration - advance version of the
decisions
and
other
action
available
at
unfccc.int/cop7/documents/accords_draft.pdf.
10.
Report of the World Summit on Sustainable Development, Johannesburg, South
Africa, 26 August-4 September 2002 available at http://www.un.org/jsummit.
11.
"Text of a letter from the President to Senators Hagel, Helms, Craig, and
Roberts"
available
at
http://www.whitehouse.gov/news/releases/2001/03/print/20010314.html.
12.
United Nations Framework Convention on Climate Change available at
http://unfccc.int/resource/convkp.html#kp.
13.
United Nations Sustainable Development, Agenda
http://www.un.org/esa/sustdev/agenda21chapter9.htm.
Research and Library Services Division
Ratification"
available
at
available
21
at
available
at
Page 8