Download Legal Framework on Adaptation - European Capacity Building

Brief Overview of
Legal Framework:
UNFCCC and Kyoto
Protocol
M.J.Mace
Climate Change and Energy
Programme, FIELD
LDC Workshop
Nairobi, Kenya
2-3 November 2006
UNFCCC
Developed and Developing
Country Commitments
 Mitigation
 Adaptation
 Reporting to COP
 Gathering and Disseminating Information
Differentiation between Annex I and Non-Annex I
Parties
Basic Convention
Elements
Article 1 – Definitions
Article 2 – Objective
Article 3 – Principles
Article 4 – Commitments
Article 5 – Research and Systematic Observation
Article 6 – Education, Training and Public Awareness
Article 9 – SBSTA
Article 10 – SBI
Article 11 – Financial Mechanism
Article 12 – National Communications
Objective
Article 2
Stabilization of GHGs
at a level that prevents dangerous anthropogenic
interference with the climate system
achieved in a timeframe sufficient



To allow ecosystems to adapt naturally
To ensure food production not threatened
To enable economic development to proceed in a sustainable
manner
 Convention
Goal: Reduce GHG emission
levels to 1990 levels by 2000
Principles
Article 3
Parties to protect climate system for benefit of future
generations of humankind (intergenerational equity) (Art. 3.1)
Parties to protect the climate system in accordance with their
common but differentiated responsibilities and respective
capabilities (Art. 3.1)
Developed countries to take the lead in combating climate
change and the adverse impacts of climate change (Art. 3.1)
Parties to take measures to anticipate, prevent and mitigate the
causes of climate change; lack of full scientific certainty should
not be used to postpone such measures (precautionary
principle (Art. 3.3)
Parties to promote sustainable development (3.4)
Commitments
Article 4
4.1 – Commitments for all Parties
mitigation
adaptation
Reporting
4.3 – Funding for developing countries
4.4 – Funding for PV developing countries
4.5 – Technology Transfer (adaptive techs)
4.7 – Links commitments to funding and TT
4.8 – Actions for developing countries
4.9 – Actions to consider special needs of LDCs
Mitigation Obligations
develop GHG inventories - 4.1(a)
formulate national and regional programmes containing
mitigation and adaptation measures - 4.1(b)
cooperate in development and transfer of technology in
all relevant sectors that reduce or prevent emissions
4.1(c)
promote sustainable management of sinks - 4.1(d)
take climate change into consideration in social,
economic and environmental policies - 4.1(f)
Adaptation Obligations
 formulate national and regional programmes
containing mitigation and adaptation measures 4.1(b)
 cooperate in preparing for adaptation; develop
integrated plans for coastal zone management, water
resources and agriculture and for the protection of areas
affected by drought and flood 4.1(e)
 take climate change into consideration in social,
economic and environmental policies (4.1(f))
Reporting Obligations
National communications to the COP, with
information related to implementation (Art. 4 (j))
National inventory of GHGs by sources and sinks
 Steps taken or envisaged to implement the
Convention
 Projects for financing, including technologies and
estimate of incremental costs of reductions of
GHGs

Gathering and
Disseminating Information
Obligations
 promote and cooperate in scientific research,
systematic observation, development of
data archives (4.1(g) / Art. 5)
 promote and cooperate in education,
training and public awareness related to
climate change (4.1(i) / Art. 6)
Kyoto Protocol: the Target
Annex I UNFCCC (Developed) Countries
Reduce their aggregate emissions by at least
5 percent below 1990 levels between 2008
and 2012
Limitation or Reduction Commitments
(QELRCs) for each Annex I Party are listed in
Annex B of the Kyoto Protocol
Global Warming Potential:
6 GHGs
GWP
Lifespan (yrs)
contribution
CO2
1
Methane
23
12
15%
NO2
296
114
4%
HFCs
160013,000
16-550
PFCs
SF6
22,220
61%
Individual Targets
United States:
Australia:
New Zealand:
Japan:
European Community:
Russian Federation:
93%
108%
100%
94%
92%
100%
Kyoto Protocol: Flexibility
3 “Flexible” Mechanisms:
Joint Implementation (Article 6 KP)
Clean Development Mechanism (Article
12 KP)
Emissions Trading (Article 17 KP)
Example
Assume cost of reducing emissions by 1
metric tonne is
US - $10 by using pollution controls, or imposing
regulations on waste emissions (plus political cost)
Russia - $7 tonne, because old industrial processes,
coal-fired plants
India - $6 tonne through fuel switching.
Kenya – by the planting of trees or shrubs, $4
hot air situation – market price – but won’t know price
until KP off the ground
Flexibility Mechanisms
Do NOT reduce global emissions
but create flexibility WHERE and by
WHOM reductions are made – optimizing
the use of cheap reduction options
Use of CDM increases total allowed
domestic Annex I, as projects in
developing countries are used to generate
credits to offset emissions in developed
countries
Kyoto Protocol:
Flexibility
3 “Flexible” Mechanisms:
Joint
Implementation
Article 6
(ERUs)
Clean
Development
Mechanism
Article 12 (CERs)
Emissions
Trading
Article 17
(AAUs)
A1
A1
A1
A1
A1
NA1
A1
Kyoto Protocol Progress
Entered into force February 16, 2005
5% below 1990 levels in aggregate to be
achieved by 2008-2012 – 1st Commitment
Period
By 2005, each country must have made
‘demonstrable progress.’ (Art. 3.2)
COP to initiate consideration of commitments
for subsequent periods in 2005 (Art. 3.9)
First COP/MOP – Montreal, November 2005
Second COP/MOP – Nairobi , November 2006
Now negotiating 2nd commitment period
targets