Download Legal Framework on Adaptation

Overview of the
Legal Framework:
UNFCCC and
Kyoto Protocol
Session 1
M.J. Mace
Climate Change and Energy Programme
ECBI pre-COP 13 Workshop for
Least Developed Country Negotiators
Bali, Indonesia
29-30 November 2007
Life Cycle of an MEA?
Pre-negotiation
Negotiation – INCs, PrepComs
Adoption
Depositing text with UN Secretary General
Treaty opened for signature/ratification
Treaty closes for signature
Entry into force
Accession to treaty
Developed and Developing
Country Commitments
Mitigation
Adaptation
Reporting to COP
Gathering and Disseminating Information
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
UNFCCC and Kyoto Protocol Bodies
COP
(UNFCCC)
189 Parties
President, Bureau
COP/MOP
(Kyoto Protocol)
175 Parties
Subsidiary Body for Scientific and Technological Advice
Subsidiary Body for Implementation
(SBSTA)
(SBI)
Chair, Vice Chair, Rapporteur
recommendations for draft decisions, conclusions
Chair, Vice-Chair, Rapporteur
recommendations for draft decisions, conclusions
EGTT
CGE
LEG
Expert Group on Technology Transfer
Consultative Group on Non-Annex I
Least Developed Countries
Expert Group
National Communications
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
Quantified 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%
Annex B Countries and their
emission targets
EU-15, Bulgaria, Czech Republic, Estonia,
Latvia, Liechtenstein, Lithuania, Monaco,
Romania, Slovakia, Slovenia, Switzerland
-8%
US
-7%
Canada, Hungary, Japan, Poland
-6%
Croatia
-5%
NZ, Russia, Ukraine
0
Norway
1%
Australia
8%
Iceland
10%
Original division of assigned amounts
US had participated
KP Assigned Amounts
(2008-2012)
Canada
United States
of America
France
Germany
Italy
Japan
Netherlands
Russian
Federation
United
Kingdom of
Great Britain
Kyoto Protocol: Flexibility
3 “Flexible” Mechanisms
Joint Implementation (Art. 6)
Clean Development Mechanism (Art. 12)
Emissions Trading (Art. 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.
African country – 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
EIF 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 initiated consideration of commitments
for subsequent periods in 2005 (Art. 3.9)
First COP/MOP – November 2005
Articles 5, 7 and 8 –
Monitoring, Reporting,
Verification
Article 5 – Parties must create national
systems for estimating emissions by sources
and removals by sinks, using IPCC
methodologies and GWPs (global warming
potentials)
Article 7 – Parties must submit annual GHG
inventories with ‘supplementary’ information
needed to demonstrate compliance with
Protocol commitments – COP to approve
reporting guidelines
Article 8 – expert review teams will review
information submitted by Parties (ERTs).
ERTs will provide a technical assessment of
KP implementation and prepare a report for
the COP/MOP identifying potential problems.
Questions of implementation will be
forwarded to the Kyoto Protocol Compliance
Committee
Committee decides on ineligibilty to
participate in the flexible mechs
Compliance Committee
Facilitative Branch

facilitates compliance with targets
Enforcement Branch
Makes declarations of non-compliance
 Decides consequences for non-compliance
 Reduces tonnes of GHGs allowable in
subsequent commitment period where target
not achieved in first commitment period, plus
penalty of (.3)(tonnnes not reduced)
