KYOTO PROTOCOL TO THE

UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

The Parties to this Protocol,

Being Parties to the United Nations Framework Convention on Climate Change,

hereinafter referred to as “the Convention”,

In pursuit of the ultimate objective of the Convention as stated in its Article 2,

Recalling the provisions of the Convention,

Being guided by Article 3 of the Convention,

Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the

Conference of the Parties to the Convention at its first session,

Have agreed as follows:

Article 1

For the purposes of this Protocol, the definitions contained in Article 1 of the

Convention shall apply. In addition:

1. “Conference of the Parties” means the Conference of the Parties to the Convention.

2. “Convention” means the United Nations Framework Convention on Climate Change,

adopted in New York on 9 May 1992.

3. “Intergovernmental Panel on Climate Change” means the Intergovernmental Panel on

Climate Change established in 1988 jointly by the World Meteorological Organization and

the United Nations Environment Programme.

4. “Montreal Protocol” means the Montreal Protocol on Substances that Deplete the

Ozone Layer, adopted in Montreal on 16 September 1987 and as subsequently adjusted and

amended.

5. “Parties present and voting” means Parties present and casting an affirmative or

negative vote.

6. “Party” means, unless the context otherwise indicates, a Party to this Protocol.

7. “Party included in Annex I” means a Party included in Annex I to the Convention, as

may be amended, or a Party which has made a notification under Article 4, paragraph 2(g), of

the Convention.

Article 2

1. Each Party included in Annex I, in achieving its quantified emission limitation and

reduction commitments under Article 3, in order to promote sustainable development, shall:

(a) Implement and/or further elaborate policies and measures in accordance with

its national circumstances, such as:

(i) Enhancement of energy efficiency in relevant sectors of the national

economy;

(ii) Protection and enhancement of sinks and reservoirs of greenhouse

gases not controlled by the Montreal Protocol, taking into account its

commitments under relevant international environmental agreements;

promotion of sustainable forest management practices, afforestation

and reforestation;

(iii) Promotion of sustainable forms of agriculture in light of climate

change considerations;

(iv) Research on, and promotion, development and increased use of, new

and renewable forms of energy, of carbon dioxide sequestration

technologies and of advanced and innovative environmentally sound

technologies;

(v) Progressive reduction or phasing out of market imperfections, fiscal

incentives, tax and duty exemptions and subsidies in all greenhouse

gas emitting sectors that run counter to the objective of the Convention

and application of market instruments;

(vi) Encouragement of appropriate reforms in relevant sectors aimed at

promoting policies and measures which limit or reduce emissions of

greenhouse gases not controlled by the Montreal Protocol;

(vii) Measures to limit and/or reduce emissions of greenhouse gases not

controlled by the Montreal Protocol in the transport sector;

(viii) Limitation and/or reduction of methane emissions through recovery

and use in waste management, as well as in the production, transport

and distribution of energy;

(b) Cooperate with other such Parties to enhance the individual and combined

effectiveness of their policies and measures adopted under this Article, pursuant to Article 4,

paragraph 2(e)(i), of the Convention. To this end, these Parties shall take steps to share their

experience and exchange information on such policies and measures, including developing

ways of improving their comparability, transparency and effectiveness. The Conference of

Parties serving as the meeting of the Parties to this Protocol shall, at its first session or as

soon as practicable thereafter, consider ways to facilitate such cooperation, taking into

account all relevant information.

2. The Parties included in Annex I shall pursue limitation or reduction of emissions of

greenhouse gases not controlled by the Montreal Protocol from aviation and marine bunker

fuels, working through the International Civil Aviation Organization and the International

Maritime Organization, respectively.

3. The Parties included in Annex I shall strive to implement policies and measures under

this Article in such a way as to minimize adverse effects, including the adverse effects of

climate change, effects on international trade, and social, environmental and economic

impacts on other Parties, especially developing country Parties and in particular those

identified in Article 4, paragraphs 8 and 9, of the Convention, taking into account Article 3 of

the Convention. The Conference of the Parties serving as the meeting of the Parties to this

Protocol may take further action, as appropriate, to promote the implementation of the

provisions of this paragraph.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol, if

it decides that it would be beneficial to coordinate any of the policies and measures in

paragraph 1(a) above, taking into account different national circumstances and potential

effects, shall consider ways and means to elaborate the coordination of such policies and

measures.

Article 3

1. The Parties included in Annex I shall, individually or jointly, ensure that their

aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed

in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified

emission limitation and reduction commitments inscribed in Annex B and in accordance with

the provisions of this Article, with a view to reducing their overall emissions of such gases by

at least 5 per cent below 1990 levels in the commitment period 2008 to 2012.

2. Each Party included in Annex I shall, by 2005, have made demonstrable progress in

achieving its commitments under this Protocol.

3. The net changes in greenhouse gas emissions by sources and removals by sinks

resulting from direct human-induced land-use change and forestry activities, limited to

afforestation, reforestation and deforestation since 1990, measured as verifiable changes in

carbon stocks in each commitment period, shall be used to meet the commitments under this

Article of each Party included in Annex I. The greenhouse gas emissions by sources and

removals by sinks associated with those activities shall be reported in a transparent and

verifiable manner and reviewed in accordance with Articles 7 and 8.

4. Prior to the first session of the Conference of the Parties serving as the meeting of the

Parties to this Protocol, each Party included in Annex I shall provide, for consideration by the

Subsidiary Body for Scientific and Technological Advice, data to establish its level of carbon

stocks in 1990 and to enable an estimate to be made of its changes in carbon stocks in

subsequent years. The Conference of the Parties serving as the meeting of the Parties to this

Protocol shall, at its first session or as soon as practicable thereafter, decide upon modalities,

rules and guidelines as to how, and which, additional human-induced activities related to

changes in greenhouse gas emissions by sources and removals by sinks in the agricultural

soils and the land-use change and forestry categories shall be added to, or subtracted from, the

assigned amounts for Parties included in Annex I, taking into account uncertainties,

transparency in reporting, verifiability, the methodological work of the Intergovernmental

Panel on Climate Change, the advice provided by the Subsidiary Body for Scientific and

Technological Advice in accordance with Article 5 and the decisions of the Conference of the

Parties. Such a decision shall apply in the second and subsequent commitment periods. A

Party may choose to apply such a decision on these additional human-induced activities for its

first commitment period, provided that these activities have taken place since 1990.

5. The Parties included in Annex I undergoing the process of transition to a market

economy whose base year or period was established pursuant to decision 9/CP.2 of the

Conference of the Parties at its second session shall use that base year or period for the

implementation of their commitments under this Article. Any other Party included in Annex

I undergoing the process of transition to a market economy which has not yet submitted its

first national communication under Article 12 of the Convention may also notify the

Conference of the Parties serving as the meeting of the Parties to this Protocol that it intends

to use an historical base year or period other than 1990 for the implementation of its

commitments under this Article. The Conference of the Parties serving as the meeting of the

Parties to this Protocol shall decide on the acceptance of such notification.

6. Taking into account Article 4, paragraph 6, of the Convention, in the implementation

of their commitments under this Protocol other than those under this Article, a certain degree

of flexibility shall be allowed by the Conference of the Parties serving as the meeting of the

Parties to this Protocol to the Parties included in Annex I undergoing the process of transition

to a market economy.

7. In the first quantified emission limitation and reduction commitment period, from

2008 to 2012, the assigned amount for each Party included in Annex I shall be equal to the

percentage inscribed for it in Annex B of its aggregate anthropogenic carbon dioxide

equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or

period determined in accordance with paragraph 5 above, multiplied by five. Those Parties

included in Annex I for whom land-use change and forestry constituted a net source of

greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period

the aggregate anthropogenic carbon dioxide equivalent emissions by sources minus removals

by sinks in 1990 from land-use change for the purposes of calculating their assigned amount.

8. Any Party included in Annex I may use 1995 as its base year for hydrofluorocarbons,

perfluorocarbons and sulphur hexafluoride, for the purposes of the calculation referred to in

paragraph 7 above.

9. Commitments for subsequent periods for Parties included in Annex I shall be

established in amendments to Annex B to this Protocol, which shall be adopted in accordance

with the provisions of Article 21, paragraph 7. The Conference of the Parties serving as the

meeting of the Parties to this Protocol shall initiate the consideration of such commitments at

least seven years before the end of the first commitment period referred to in paragraph 1

above.

10. Any emission reduction units, or any part of an assigned amount, which a Party

acquires from another Party in accordance with the provisions of Article 6 or of Article 17

shall be added to the assigned amount for the acquiring Party.

11. Any emission reduction units, or any part of an assigned amount, which a Party

transfers to another Party in accordance with the provisions of Article 6 or of Article 17 shall

be subtracted from the assigned amount for the transferring Party.

12. Any certified emission reductions which a Party acquires from another Party in

accordance with the provisions of Article 12 shall be added to the assigned amount for the

acquiring Party.

13. If the emissions of a Party included in Annex I in a commitment period are less than

its assigned amount under this Article, this difference shall, on request of that Party, be added

to the assigned amount for that Party for subsequent commitment periods.

14. Each Party included in Annex I shall strive to implement the commitments mentioned

in paragraph 1 above in such a way as to minimize adverse social, environmental and

economic impacts on developing country Parties, particularly those identified in Article 4,

paragraphs 8 and 9, of the Convention. In line with relevant decisions of the Conference of

the Parties on the implementation of those paragraphs, the Conference of the Parties serving

as the meeting of the Parties to this Protocol shall, at its first session, consider what actions

are necessary to minimize the adverse effects of climate change and/or the impacts of

response measures on Parties referred to in those paragraphs. Among the issues to be

considered shall be the establishment of funding, insurance and transfer of technology.

Article 4

1. Any Parties included in Annex I that have reached an agreement to fulfil their

commitments under Article 3 jointly, shall be deemed to have met those commitments

provided that their total combined aggregate anthropogenic carbon dioxide equivalent emissions

of the greenhouse gases listed in Annex A do not exceed their assigned amounts

calculated pursuant to their quantified emission limitation and reduction commitments

inscribed in Annex B and in accordance with the provisions of Article 3. The respective

emission level allocated to each of the Parties to the agreement shall be set out in that

agreement.

2. The Parties to any such agreement shall notify the secretariat of the terms of the

agreement on the date of deposit of their instruments of ratification, acceptance or approval of

this Protocol, or accession thereto. The secretariat shall in turn inform the Parties and

signatories to the Convention of the terms of the agreement.

3. Any such agreement shall remain in operation for the duration of the commitment

period specified in Article 3, paragraph 7.

4. If Parties acting jointly do so in the framework of, and together with, a regional

economic integration organization, any alteration in the composition of the organization after

adoption of this Protocol shall not affect existing commitments under this Protocol. Any

alteration in the composition of the organization shall only apply for the purposes of those

commitments under Article 3 that are adopted subsequent to that alteration.

5. In the event of failure by the Parties to such an agreement to achieve their total

combined level of emission reductions, each Party to that agreement shall be responsible for

its own level of emissions set out in the agreement.

6. If Parties acting jointly do so in the framework of, and together with, a regional

economic integration organization which is itself a Party to this Protocol, each member State

of that regional economic integration organization individually, and together with the regional

economic integration organization acting in accordance with Article 24, shall, in the event of

failure to achieve the total combined level of emission reductions, be responsible for its level

of emissions as notified in accordance with this Article.

Article 5

1. Each Party included in Annex I shall have in place, no later than one year prior to the

start of the first commitment period, a national system for the estimation of anthropogenic

emissions by sources and removals by sinks of all greenhouse gases not controlled by the

Montreal Protocol. Guidelines for such national systems, which shall incorporate the

methodologies specified in paragraph 2 below, shall be decided upon by the Conference of

the Parties serving as the meeting of the Parties to this Protocol at its first session.

2. Methodologies for estimating anthropogenic emissions by sources and removals by

sinks of all greenhouse gases not controlled by the Montreal Protocol shall be those accepted

by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the

Parties at its third session. Where such methodologies are not used, appropriate adjustments

shall be applied according to methodologies agreed upon by the Conference of the Parties

serving as the meeting of the Parties to this Protocol at its first session. Based on the work of,

inter alia, the Intergovernmental Panel on Climate Change and advice provided by the

Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties

serving as the meeting of the Parties to this Protocol shall regularly review and, as

appropriate, revise such methodologies and adjustments, taking fully into account any

relevant decisions by the Conference of the Parties. Any revision to methodologies or

adjustments shall be used only for the purposes of ascertaining compliance with commitments

under Article 3 in respect of any commitment period adopted subsequent to that revision.

3. The global warming potentials used to calculate the carbon dioxide equivalence of

anthropogenic emissions by sources and removals by sinks of greenhouse gases listed in

Annex A shall be those accepted by the Intergovernmental Panel on Climate Change and

agreed upon by the Conference of the Parties at its third session. Based on the work of, inter

alia, the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary

Body for Scientific and Technological Advice, the Conference of the Parties serving as the

meeting of the Parties to this Protocol shall regularly review and, as appropriate, revise the

global warming potential of each such greenhouse gas, taking fully into account any relevant

decisions by the Conference of the Parties. Any revision to a global warming potential shall

apply only to commitments under Article 3 in respect of any commitment period adopted

subsequent to that revision.

Article 6

1. For the purpose of meeting its commitments under Article 3, any Party included in

Annex I may transfer to, or acquire from, any other such Party emission reduction units

resulting from projects aimed at reducing anthropogenic emissions by sources or enhancing

anthropogenic removals by sinks of greenhouse gases in any sector of the economy, provided

that:

(a) Any such project has the approval of the Parties involved;

(b) Any such project provides a reduction in emissions by sources, or an

enhancement of removals by sinks, that is additional to any that would otherwise occur;

(c) It does not acquire any emission reduction units if it is not in compliance with

its obligations under Articles 5 and 7; and

(d) The acquisition of emission reduction units shall be supplemental to domestic

actions for the purposes of meeting commitments under Article 3.

2. The Conference of the Parties serving as the meeting of the Parties to this Protocol

may, at its first session or as soon as practicable thereafter, further elaborate guidelines for the

implementation of this Article, including for verification and reporting.

3. A Party included in Annex I may authorize legal entities to participate, under its

responsibility, in actions leading to the generation, transfer or acquisition under this Article of

emission reduction units.

4. If a question of implementation by a Party included in Annex I of the requirements

referred to in this Article is identified in accordance with the relevant provisions of

Article 8, transfers and acquisitions of emission reduction units may continue to be made

after the question has been identified, provided that any such units may not be used by a Party

to meet its commitments under Article 3 until any issue of compliance is resolved.

Article 7

1. Each Party included in Annex I shall incorporate in its annual inventory of

anthropogenic emissions by sources and removals by sinks of greenhouse gases not

controlled by the Montreal Protocol, submitted in accordance with the relevant decisions of

the Conference of the Parties, the necessary supplementary information for the purposes of

ensuring compliance with Article 3, to be determined in accordance with paragraph 4 below.

2. Each Party included in Annex I shall incorporate in its national communication,

submitted under Article 12 of the Convention, the supplementary information necessary to

demonstrate compliance with its commitments under this Protocol, to be determined in

accordance with paragraph 4 below.

3. Each Party included in Annex I shall submit the information required under

paragraph 1 above annually, beginning with the first inventory due under the Convention for

the first year of the commitment period after this Protocol has entered into force for that

Party. Each such Party shall submit the information required under paragraph 2 above as part

of the first national communication due under the Convention after this Protocol has entered

into force for it and after the adoption of guidelines as provided for in paragraph 4 below.

The frequency of subsequent submission of information required under this Article shall be

determined by the Conference of the Parties serving as the meeting of the Parties to this

Protocol, taking into account any timetable for the submission of national communications

decided upon by the Conference of the Parties.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol

shall adopt at its first session, and review periodically thereafter, guidelines for the

preparation of the information required under this Article, taking into account guidelines for

the preparation of national communications by Parties included in Annex I adopted by the

Conference of the Parties. The Conference of the Parties serving as the meeting of the Parties

to this Protocol shall also, prior to the first commitment period, decide upon modalities for

the accounting of assigned amounts.

Article 8

1. The information submitted under Article 7 by each Party included in Annex I shall be

reviewed by expert review teams pursuant to the relevant decisions of the Conference of the

Parties and in accordance with guidelines adopted for this purpose by the Conference of the

Parties serving as the meeting of the Parties to this Protocol under paragraph 4 below. The

information submitted under Article 7, paragraph 1, by each Party included in Annex I shall

be reviewed as part of the annual compilation and accounting of emissions inventories and

assigned amounts. Additionally, the information submitted under Article 7, paragraph 2, by

each Party included in Annex I shall be reviewed as part of the review of communications.

2. Expert review teams shall be coordinated by the secretariat and shall be composed of

experts selected from those nominated by Parties to the Convention and, as appropriate, by

intergovernmental organizations, in accordance with guidance provided for this purpose by

the Conference of the Parties.

3. The review process shall provide a thorough and comprehensive technical assessment

of all aspects of the implementation by a Party of this Protocol. The expert review teams

shall prepare a report to the Conference of the Parties serving as the meeting of the Parties to

this Protocol, assessing the implementation of the commitments of the Party and identifying

any potential problems in, and factors influencing, the fulfilment of commitments. Such

reports shall be circulated by the secretariat to all Parties to the Convention. The secretariat

shall list those questions of implementation indicated in such reports for further consideration

by the Conference of the Parties serving as the meeting of the Parties to this Protocol.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol

shall adopt at its first session, and review periodically thereafter, guidelines for the review of

implementation of this Protocol by expert review teams taking into account the relevant

decisions of the Conference of the Parties.

5. The Conference of the Parties serving as the meeting of the Parties to this Protocol

shall, with the assistance of the Subsidiary Body for Implementation and, as appropriate, the

Subsidiary Body for Scientific and Technological Advice, consider:

(a) The information submitted by Parties under Article 7 and the reports of the

expert reviews thereon conducted under this Article; and

(b) Those questions of implementation listed by the secretariat under

paragraph 3 above, as well as any questions raised by Parties.

6. Pursuant to its consideration of the information referred to in paragraph 5 above, the

Conference of the Parties serving as the meeting of the Parties to this Protocol shall take

decisions on any matter required for the implementation of this Protocol.

Article 9

1. The Conference of the Parties serving as the meeting of the Parties to this Protocol

shall periodically review this Protocol in the light of the best available scientific information

and assessments on climate change and its impacts, as well as relevant technical, social and

economic information. Such reviews shall be coordinated with pertinent reviews under the

Convention, in particular those required by Article 4, paragraph 2(d), and Article 7,

paragraph 2(a), of the Convention. Based on these reviews, the Conference of the Parties

serving as the meeting of the Parties to this Protocol shall take appropriate action.

2. The first review shall take place at the second session of the Conference of the Parties

serving as the meeting of the Parties to this Protocol. Further reviews shall take place at

regular intervals and in a timely manner.

Article 10

All Parties, taking into account their common but differentiated responsibilities and

their specific national and regional development priorities, objectives and circumstances,

without introducing any new commitments for Parties not included in Annex I, but

reaffirming existing commitments under Article 4, paragraph 1, of the Convention, and

continuing to advance the implementation of these commitments in order to achieve

sustainable development, taking into account Article 4, paragraphs 3, 5 and 7, of the

Convention, shall:

 (a) Formulate, where relevant and to the extent possible, cost-effective national

and, where appropriate, regional programmes to improve the quality of local emission factors,

activity data and/or models which reflect the socio-economic conditions of each Party for the

preparation and periodic updating of 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, and consistent with the guidelines for the preparation of national communications

adopted 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 and

measures to facilitate adequate adaptation to climate change:

(i) Such programmes would, inter alia, concern the energy, transport and

industry sectors as well as agriculture, forestry and waste management.

Furthermore, adaptation technologies and methods for improving

spatial planning would improve adaptation to climate change; and

(ii) Parties included in Annex I shall submit information on action under

this Protocol, including national programmes, in accordance with

Article 7; and other Parties shall seek to include in their national

communications, as appropriate, information on programmes which

contain measures that the Party believes contribute to addressing

climate change and its adverse impacts, including the abatement of

increases in greenhouse gas emissions, and enhancement of and

removals by sinks, capacity building and adaptation measures;

(c) Cooperate in the promotion of effective modalities for the development,

application and diffusion of, and take all practicable steps to promote, facilitate and finance,

as appropriate, the transfer of, or access to, environmentally sound technologies, know-how,

practices and processes pertinent to climate change, in particular to developing countries,

including the formulation of policies and programmes for the effective transfer of

environmentally sound technologies that are publicly owned or in the public domain and the

creation of an enabling environment for the private sector, to promote and enhance the

transfer of, and access to, environmentally sound technologies;

(d) Cooperate in scientific and technical research and promote the maintenance

and the development of systematic observation systems and development of data archives to

reduce uncertainties related to the climate system, the adverse impacts of climate change and

the economic and social consequences of various response strategies, and promote the

development and strengthening of endogenous capacities and capabilities to participate in

international and intergovernmental efforts, programmes and networks on research and

systematic observation, taking into account Article 5 of the Convention;

 (e) Cooperate in and promote at the international level, and, where appropriate,

using existing bodies, the development and implementation of education and training

programmes, including the strengthening of national capacity building, in particular human

and institutional capacities and the exchange or secondment of personnel to train experts in

this field, in particular for developing countries, and facilitate at the national level public

awareness of, and public access to information on, climate change. Suitable modalities

should be developed to implement these activities through the relevant bodies of the

Convention, taking into account Article 6 of the Convention;

(f) Include in their national communications information on programmes and

activities undertaken pursuant to this Article in accordance with relevant decisions of the

Conference of the Parties; and

(g) Give full consideration, in implementing the commitments under this Article,

to Article 4, paragraph 8, of the Convention.

Article 11

1. In the implementation of Article 10, Parties shall take into account the provisions of

Article 4, paragraphs 4, 5, 7, 8 and 9, of the Convention.

2. In the context of the implementation of Article 4, paragraph 1, of the Convention, in

accordance with the provisions of Article 4, paragraph 3, and Article 11 of the Convention,

and through the entity or entities entrusted with the operation of the financial mechanism of

the Convention, the developed country Parties and other developed Parties included in Annex

II to the Convention shall:

(a) Provide new and additional financial resources to meet the agreed full costs

incurred by developing country Parties in advancing the implementation of existing

commitments under Article 4, paragraph 1(a), of the Convention that are covered in

Article 10, subparagraph (a); and

(b) 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

advancing the implementation of existing commitments under Article 4, paragraph 1, of the

Convention that are covered by Article 10 and that are agreed between a developing country

Party and the international entity or entities referred to in Article 11 of the Convention, in

accordance with that Article.

The implementation of these existing commitments shall take into account the need for

adequacy and predictability in the flow of funds and the importance of appropriate burden

sharing among developed country Parties. The guidance to the entity or entities entrusted

with the operation of the financial mechanism of the Convention in relevant decisions of the

Conference of the Parties, including those agreed before the adoption of this Protocol, shall

apply mutatis mutandis to the provisions of this paragraph.

3. The developed country Parties and other developed Parties in Annex II to the

Convention may also provide, and developing country Parties avail themselves of, financial

resources for the implementation of Article 10, through bilateral, regional and other

multilateral channels.

Article 12

1. A clean development mechanism is hereby defined.

2. The purpose of the clean development mechanism shall be to assist Parties not

included in Annex I in achieving sustainable development and in contributing to the ultimate

objective of the Convention, and to assist Parties included in Annex I in achieving

compliance with their quantified emission limitation and reduction commitments under

Article 3.

3. Under the clean development mechanism:

(a) Parties not included in Annex I will benefit from project activities resulting in

certified emission reductions; and

(b) Parties included in Annex I may use the certified emission reductions accruing

from such project activities to contribute to compliance with part of their quantified emission

limitation and reduction commitments under Article 3, as determined by the Conference of

the Parties serving as the meeting of the Parties to this Protocol.

4. The clean development mechanism shall be subject to the authority and guidance of

the Conference of the Parties serving as the meeting of the Parties to this Protocol and be

supervised by an executive board of the clean development mechanism.

5. Emission reductions resulting from each project activity shall be certified by

operational entities to be designated by the Conference of the Parties serving as the meeting

of the Parties to this Protocol, on the basis of:

(a) Voluntary participation approved by each Party involved;

(b) Real, measurable, and long-term benefits related to the mitigation of climate

change; and

(c) Reductions in emissions that are additional to any that would occur in the

absence of the certified project activity.

6. The clean development mechanism shall assist in arranging funding of certified

project activities as necessary.

7. The Conference of the Parties serving as the meeting of the Parties to this Protocol

shall, at its first session, elaborate modalities and procedures with the objective of ensuring

transparency, efficiency and accountability through independent auditing and verification of

project activities.

8. The Conference of the Parties serving as the meeting of the Parties to this Protocol

shall ensure that a share of the proceeds from certified project activities is used to cover

administrative expenses as well as to assist developing country Parties that are particularly

vulnerable to the adverse effects of climate change to meet the costs of adaptation.

9. Participation under the clean development mechanism, including in activities

mentioned in paragraph 3(a) above and in the acquisition of certified emission reductions,

may involve private and/or public entities, and is to be subject to whatever guidance may be

provided by the executive board of the clean development mechanism.

10. Certified emission reductions obtained during the period from the year 2000 up to the

beginning of the first commitment period can be used to assist in achieving compliance in the

first commitment period.

Article 13

1. The Conference of the Parties, the supreme body of the Convention, shall serve as the

meeting of the Parties to this Protocol.

2. Parties to the Convention that are not Parties to this Protocol may participate as

observers in the proceedings of any session of the Conference of the Parties serving as the

meeting of the Parties to this Protocol. When the Conference of the Parties serves as the

meeting of the Parties to this Protocol, decisions under this Protocol shall be taken only by

those that are Parties to this Protocol.

3. When the Conference of the Parties serves as the meeting of the Parties to this

Protocol, any member of the Bureau of the Conference of the Parties representing a Party to

the Convention but, at that time, not a Party to this Protocol, shall be replaced by an

additional member to be elected by and from amongst the Parties to this Protocol.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol

shall keep under regular review the implementation of this Protocol and shall make, within its

mandate, the decisions necessary to promote its effective implementation. It shall perform

the functions assigned to it by this Protocol and shall:

(a) Assess, on the basis of all information made available to it in accordance with

the provisions of this Protocol, the implementation of this Protocol by the Parties, the overall

effects of the measures taken pursuant to this Protocol, 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;

 (b) Periodically examine the obligations of the Parties under this Protocol, giving

due consideration to any reviews required by Article 4, paragraph 2(d), and Article 7,

paragraph 2, of 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, and

in this respect consider and adopt regular reports on the implementation of this Protocol;

(c) 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 this Protocol;

(d) 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 this Protocol;

(e) Promote and guide, in accordance with the objective of the Convention and the

provisions of this Protocol, and taking fully into account the relevant decisions by the

Conference of the Parties, the development and periodic refinement of comparable

methodologies for the effective implementation of this Protocol, to be agreed on by the

Conference of the Parties serving as the meeting of the Parties to this Protocol;

(f) Make recommendations on any matters necessary for the implementation of

this Protocol;

(g) Seek to mobilize additional financial resources in accordance with

Article 11, paragraph 2;

(h) Establish such subsidiary bodies as are deemed necessary for the

implementation of this Protocol;

(i) Seek and utilize, where appropriate, the services and cooperation of, and

information provided by, competent international organizations and intergovernmental and

non-governmental bodies; and

(j) Exercise such other functions as may be required for the implementation of

this Protocol, and consider any assignment resulting from a decision by the Conference of the

Parties.

5. The rules of procedure of the Conference of the Parties and financial procedures

applied under the Convention shall be applied mutatis mutandis under this Protocol, except as

may be otherwise decided by consensus by the Conference of the Parties serving as the

meeting of the Parties to this Protocol.

6. The first session of the Conference of the Parties serving as the meeting of the Parties

to this Protocol shall be convened by the secretariat in conjunction with the first session of the

Conference of the Parties that is scheduled after the date of the entry into force of this

Protocol. Subsequent ordinary sessions of the Conference of the Parties serving as the

meeting of the Parties to this Protocol shall be held every year and in conjunction with

ordinary sessions of the Conference of the Parties, unless otherwise decided by the

Conference of the Parties serving as the meeting of the Parties to this Protocol.

7. Extraordinary sessions of the Conference of the Parties serving as the meeting of the

Parties to this Protocol shall be held at such other times as may be deemed necessary by the

Conference of the Parties serving as the meeting of the Parties to this Protocol, 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.

8. 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 serving as the meeting of the

Parties to this Protocol as observers. Any body or agency, whether national or international,

governmental or non-governmental, which is qualified in matters covered by this Protocol

and which has informed the secretariat of its wish to be represented at a session of the

Conference of the Parties serving as the meeting of the Parties to this Protocol 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, as referred to in

paragraph 5 above.

Article 14

1. The secretariat established by Article 8 of the Convention shall serve as the secretariat

of this Protocol.

2. Article 8, paragraph 2, of the Convention on the functions of the secretariat, and

Article 8, paragraph 3, of the Convention on arrangements made for the functioning of the

secretariat, shall apply mutatis mutandis to this Protocol. The secretariat shall, in addition,

exercise the functions assigned to it under this Protocol.

Article 15

1. The Subsidiary Body for Scientific and Technological Advice and the Subsidiary

Body for Implementation established by Articles 9 and 10 of the Convention shall serve as,

respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary

Body for Implementation of this Protocol. The provisions relating to the functioning of these

two bodies under the Convention shall apply mutatis mutandis to this Protocol. Sessions of

the meetings of the Subsidiary Body for Scientific and Technological Advice and the

Subsidiary Body for Implementation of this Protocol shall be held in conjunction with the

meetings of, respectively, the Subsidiary Body for Scientific and Technological Advice and

the Subsidiary Body for Implementation of the Convention.

2. Parties to the Convention that are not Parties to this Protocol may participate as

observers in the proceedings of any session of the subsidiary bodies. When the subsidiary

bodies serve as the subsidiary bodies of this Protocol, decisions under this Protocol shall be

taken only by those that are Parties to this Protocol.

3. When the subsidiary bodies established by Articles 9 and 10 of the Convention

exercise their functions with regard to matters concerning this Protocol, any member of the

Bureaux of those subsidiary bodies representing a Party to the Convention but, at that time,

not a party to this Protocol, shall be replaced by an additional member to be elected by and

from amongst the Parties to this Protocol.

Article 16

The Conference of the Parties serving as the meeting of the Parties to this Protocol

shall, as soon as practicable, consider the application to this Protocol of, and modify as

appropriate, the multilateral consultative process referred to in Article 13 of the Convention,

in the light of any relevant decisions that may be taken by the Conference of the Parties. Any

multilateral consultative process that may be applied to this Protocol shall operate without

prejudice to the procedures and mechanisms established in accordance with Article 18.

Article 17

The Conference of the Parties shall define the relevant principles, modalities, rules

and guidelines, in particular for verification, reporting and accountability for emissions

trading. The Parties included in Annex B may participate in emissions trading for the

purposes of fulfilling their commitments under Article 3. Any such trading shall be

supplemental to domestic actions for the purpose of meeting quantified emission limitation

and reduction commitments under that Article.

Article 18

The Conference of the Parties serving as the meeting of the Parties to this Protocol

shall, at its first session, approve appropriate and effective procedures and mechanisms to

determine and to address cases of non-compliance with the provisions of this Protocol,

including through the development of an indicative list of consequences, taking into account

the cause, type, degree and frequency of non-compliance. Any procedures and mechanisms

under this Article entailing binding consequences shall be adopted by means of an

amendment to this Protocol.

Article 19

The provisions of Article 14 of the Convention on settlement of disputes shall apply

mutatis mutandis to this Protocol.

Article 20

1. Any Party may propose amendments to this Protocol.

2. Amendments to this Protocol shall be adopted at an ordinary session of the

Conference of the Parties serving as the meeting of the Parties to this Protocol. The text of

any proposed amendment to this Protocol 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 the text of any proposed amendments to the Parties and

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

this Protocol 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 this

Protocol.

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.

Article 21

1. Annexes to this Protocol shall form an integral part thereof and, unless otherwise

expressly provided, a reference to this Protocol constitutes at the same time a reference to any

annexes thereto. Any annexes adopted after the entry into force of this Protocol 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. Any Party may make proposals for an annex to this Protocol and may propose

amendments to annexes to this Protocol.

3. Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted

at an ordinary session of the Conference of the Parties serving as the meeting of the Parties to

this Protocol. The text of any proposed annex or amendment to an annex 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 the text of any proposed

annex or amendment to an annex to the Parties and signatories to the Convention and, for

information, to the Depositary.

4. The Parties shall make every effort to reach agreement on any proposed annex or

amendment to an annex by consensus. If all efforts at consensus have been exhausted, and no

agreement reached, the annex or amendment to an annex shall as a last resort be adopted by a

three-fourths majority vote of the Parties present and voting at the meeting. The adopted

annex or amendment to an annex shall be communicated by the secretariat to the Depositary,

who shall circulate it to all Parties for their acceptance.

5. An annex, or amendment to an annex other than Annex A or B, that has been adopted

in accordance with paragraphs 3 and 4 above shall enter into force for all Parties to this

Protocol six months after the date of the communication by the Depositary to such Parties of

the adoption of the annex or adoption of the amendment to the annex, except for those Parties

that have notified the Depositary, in writing, within that period of their non-acceptance of the

annex or amendment to the annex. The annex or amendment to an 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.

6. If the adoption of an annex or an amendment to an annex involves an amendment to

this Protocol, that annex or amendment to an annex shall not enter into force until such time

as the amendment to this Protocol enters into force.

7. Amendments to Annexes A and B to this Protocol shall be adopted and enter into

force in accordance with the procedure set out in Article 20, provided that any amendment to

Annex B shall be adopted only with the written consent of the Party concerned.

Article 22

1. Each Party 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 this Protocol. Such an organization shall not exercise its right to

vote if any of its member States exercises its right, and vice versa.

Article 23

The Secretary-General of the United Nations shall be the Depositary of this Protocol.

Article 24

1. This Protocol shall be open for signature and subject to ratification, acceptance or

approval by States and regional economic integration organizations which are Parties to the

Convention. It shall be open for signature at United Nations Headquarters in New York from

16 March 1998 to 15 March 1999. This Protocol shall be open for accession from the day

after the date on which it 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 this

Protocol without any of its member States being a Party shall be bound by all the obligations

under this Protocol. In the case of such organizations, one or more of whose member States

is a Party to this Protocol, the organization and its member States shall decide on their

respective responsibilities for the performance of their obligations under this Protocol. In

such cases, the organization and the member States shall not be entitled to exercise rights

under this Protocol 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 this Protocol. 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 25

1. This Protocol shall enter into force on the ninetieth day after the date on which not

less than 55 Parties to the Convention, incorporating Parties included in Annex I which

accounted in total for at least 55 per cent of the total carbon dioxide emissions for 1990 of the

Parties included in Annex I, have deposited their instruments of ratification, acceptance,

approval or accession.

2. For the purposes of this Article, “the total carbon dioxide emissions for 1990 of the

Parties included in Annex I” means the amount communicated on or before the date of

adoption of this Protocol by the Parties included in Annex I in their first national

communications submitted in accordance with Article 12 of the Convention.

3. For each State or regional economic integration organization that ratifies, accepts or

approves this Protocol or accedes thereto after the conditions set out in paragraph 1 above

for entry into force have been fulfilled, this Protocol shall enter into force on the ninetieth day

following the date of deposit of its instrument of ratification, acceptance, approval or

accession.

4. For the purposes of this Article, 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 26

No reservations may be made to this Protocol.

Article 27

1. At any time after three years from the date on which this Protocol has entered into

force for a Party, that Party may withdraw from this Protocol 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 this Protocol.

Article 28

The original of this Protocol, 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.

DONE at Kyoto this eleventh day of December one thousand nine hundred and

ninety-seven.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect,

have affixed their signatures to this Protocol on the dates indicated.

Annex A

Greenhouse gases

Carbon dioxide (CO ) 2

Methane (CH ) 4

Nitrous oxide (N O) 2

Hydrofluorocarbons (HFCs)

Perfluorocarbons (PFCs)

Sulphur hexafluoride (SF ) 6

Sectors/source categories

Energy

Fuel combustion

Energy industries

Manufacturing industries and construction

Transport

Other sectors

Other

Fugitive emissions from fuels

Solid fuels

Oil and natural gas

Other

Industrial processes

Mineral products

Chemical industry

Metal production

Other production

Production of halocarbons and sulphur hexafluoride

Consumption of halocarbons and sulphur hexafluoride

Other

Solvent and other product use

Agriculture

Enteric fermentation

Manure management

Rice cultivation

Agricultural soils

Prescribed burning of savannas

Field burning of agricultural residues

Other

Waste

Solid waste disposal on land

Wastewater handling

Waste incineration

Other

Annex B

Party Quantified emission limitation or

reduction commitment

(percentage of base year or period)

Australia 108

Austria 92

Belgium 92

Bulgaria* 92

Canada 94

Croatia* 95

Czech Republic* 92

Denmark 92

Estonia* 92

European Community 92

Finland 92

France 92

Germany 92

Greece 92

Hungary* 94

Iceland 110

Ireland 92

Italy 92

Japan 94

Latvia* 92

Liechtenstein 92

Lithuania* 92

Luxembourg 92

Monaco 92

Netherlands 92

New Zealand 100

Norway 101

Poland* 94

Portugal 92

Romania* 92

Russian Federation* 100

Slovakia* 92

Slovenia* 92

Spain 92

Sweden 92

Switzerland 92

Ukraine* 100

United Kingdom of Great Britain and Northern Ireland 92

United States of America 93

* Countries that are undergoing the process of transition to a market economy.