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Climate Change Legal Regime
Workshop on HCF Management
Paris, 11 - 12 July 2014
Dan Bondi Ogolla
Coordinator & Principal Legal Adviser, Legal Affairs Programme
I. Jurisdictional scope of the UNFCCC and its Kyoto Protocol
 UNFCCC & KP carve-out a specific legal jurisdictional space;
 Parties’ obligations relate only to GHGs “not controlled by the MP”;
 Applies to obligations concerning national inventories of GHGs,
mitigation actions, reporting & accounting;
 Art. 1.4 KP - defines the MP as the MP adopted in Montreal on
16 September 1987 as subsequently adjusted and amended;
 Does the legal jurisdictional space of the climate change regime
contract proportionately to the progressive expansion of the
coverage of the MP?
I. Jurisdictional scope of the UNFCCC and its Kyoto Protocol
 Inventories & mitigation actions:
• National inventories of all GHGs not controlled by MP (Art. 4.1
• National systems for the estimation of GHGs (KP Art. 5);
• Mitigation actions: PAMs & AIPs emission reductions (Arts. 4.1 &
4.2 UNFCCC);
• General obligations of AIPs (KP Art. 2).
 Reporting & accounting:
• Info in NCs to include national inventory of GHGs not controlled
by the MP (Art. 12 UNFCCC);
• Supplementary info. in annual inventories of GHGs not controlled
by MP (KP Art. 7.1 );
• Accounting for emissions during each CP based on aggregate
emissions of GHGs in Annex A.
II. HFCs in the UNFCCC & KP
 HFCs currently not controlled by the MP;
 Not ODS/substitutes/high GWP;
 UNFCCC reporting guidelines on AIP inventories of GHGs
(decision 24/CP.19):
As a minimum requirement, inventories to contain
information on the following GHGs: CO2, Methane (CH4),
Nitrous oxide (N2O), PFCs, HFCs, Sulphur hexafluoride
(SF6) and Nitrogen trifluoride (NF3) (para.28);
GHG emissions and removals are to be presented on a gasby gas basis (para. 30).
II. HFCs in the UNFCCC & KP
• Annex I Parties shall report actual emissions of HFCs, PFCs,
SF6 and NF3, providing disaggregated data by chemical and
category (para. 32);
• Annex III of decision contains the list of gases and their
respective GWPs.
 KP Article 3 imposes QELRCs on AIPs with respect to a
basket of gases listed in Annex A.
• Annex A for CP1 included: CO2, Methane (CH4), Nitrous
oxide (N2O), HFCs, PFCs and SF6;
• The Doha Amendment (CP2) – added Nitrogen trifluoride
(NF3)) to Annex A.
III. Addressing HFCs in a mutually supportive manner
 Under the UNFCCC & KP
• HFC emissions continue to be reported in national GHG
• HFC emissions continue to be accounted for in the context
of emission reduction targets for AIPs;
• Mitigation actions under both the UNFCCC & KP continue
to include activities to limit and reduce HFC emissions.
 Under the MP
• Work under MP can contribute to addressing HFCs under
UNFCCC & KP by discouraging the production and
consumption of HFCs as substitutes.
• MP could provide means of implementation to Parties to
address HFC issues.
III. Addressing HFCs in a mutually supportive manner
 Co-operation & mutual support between the two regimes, their
decision-making bodies & secretariats critical for addressing
 Parties in both regimes could identify and develop approaches
to effectively address HFCs in a complementary manner.
 Co-operation should be based on the clear understanding
amongst all Parties of the scope and competencies of each
 Regular exchange of information between decision-making
bodies & the two secretariats on relevant work.