Law _________ Climate Change

UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

The Parties to this Convention,

Acknowledging that change in the Earth's climate and its adverse effects are a

common concern of humankind,

Concerned that human activities have been substantially increasing the

atmospheric concentrations of greenhouse gases, that these increases enhance the

natural greenhouse effect, and that this will result on average in an additional

warming of the Earth's surface and atmosphere and may adversely affect natural

ecosystems and humankind,

Noting that the largest share of historical and current global emissions of

greenhouse gases has originated in developed countries, that per capita emissions

in developing countries are still relatively low and that the share of global emissions

originating in developing countries will grow to meet their social and development

needs,

Aware of the role and importance in terrestrial and marine ecosystems of sinks and

reservoirs of greenhouse gases,

Noting that there are many uncertainties in predictions of climate change,

particularly with regard to the timing, magnitude and regional patterns thereof,

Acknowledging that the global nature of climate change calls for the widest

possible cooperation by all countries and their participation in an effective and

appropriate international response, in accordance with their common but

differentiated responsibilities and respective capabilities and their social and

economic conditions,

Recalling the pertinent provisions of the Declaration of the United Nations

Conference on the Human Environment, adopted at Stockholm on 16 June 1972,

Recalling also that States have, in accordance with the Charter of the United

Nations and the principles of international law, the sovereign right to exploit their

own resources pursuant to their own environmental and developmental policies,

and the responsibility to ensure that activities within their jurisdiction or control do

not cause damage to the environment of other States or of areas beyond the limits

of national jurisdiction,

Reaffirming the principle of sovereignty of States in international cooperation to

address climate change,

Recognizing that States should enact effective environmental legislation, that

environmental standards, management objectives and priorities should reflect the

environmental and developmental context to which they apply, and that standards

applied by some countries may be inappropriate and of unwarranted economic and

social cost to other countries, in particular developing countries,

Recalling the provisions of General Assembly resolution 44/228 of 22 December

1989 on the United Nations Conference on Environment and Development, and

resolutions 43/53 of 6 December 1988, 44/207 of 22 December 1989, 45/212 of

21 December 1990 and 46/169 of 19 December 1991 on protection of global

climate for present and future generations of mankind,

Recalling also the provisions of General Assembly resolution 44/206 of 22

December 1989 on the possible adverse effects of sea-level rise on islands and

coastal areas, particularly low-lying coastal areas and the pertinent provisions of

General Assembly resolution 44/172 of 19 December 1989 on the implementation

of the Plan of Action to Combat Desertification,

Recalling further the Vienna Convention for the Protection of the Ozone Layer,

1985, and the Montreal Protocol on Substances that Deplete the Ozone Layer,

1987, as adjusted and amended on 29 June 1990,

Noting the Ministerial Declaration of the Second World Climate Conference

adopted on 7 November 1990,

Conscious of the valuable analytical work being conducted by many States on

climate change and of the important contributions of the World Meteorological

Organization, the United Nations Environment Program and other organs,

organizations and bodies of the United Nations system, as well as other

international and intergovernmental bodies, to the exchange of results of scientific

research and the coordination of research,

Recognizing that steps required to understand and address climate change will be

environmentally, socially and economically most effective if they are based on

relevant scientific, technical and economic considerations and continually

re-evaluated in the light of new findings in these areas,

Recognizing that various actions to address climate change can be justified

economically in their own right and can also help in solving other environmental

problems,

Recognizing also the need for developed countries to take immediate action in a

flexible manner on the basis of clear priorities, as a first step towards

comprehensive response strategies at the global, national and, where agreed,

regional levels that take into account all greenhouse gases, with due consideration

of their relative contributions to the enhancement of the greenhouse effect,

Recognizing further that low-lying and other small island countries, countries with

low-lying coastal, arid and semi-arid areas or areas liable to floods, drought and

desertification, and developing countries with fragile mountainous ecosystems are

particularly vulnerable to the adverse effects of climate change,

Recognizing the special difficulties of those countries, especially developing

countries, whose economies are particularly dependent on fossil fuel production,

use and exportation, as a consequence of action taken on limiting greenhouse gas

emissions,

Affirming that responses to climate change should be coordinated with social and

economic development in an integrated manner with a view to avoiding adverse

impacts on the latter, taking into full account the legitimate priority needs of

developing countries for the achievement of sustained economic growth and the

eradication of poverty,

Recognizing that all countries, especially developing countries, need access to

resources required to achieve sustainable social and economic development and

that, in order for developing countries to progress towards that goal, their energy

consumption will need to grow taking into account the possibilities for achieving

greater energy efficiency and for controlling greenhouse gas emissions in general,

including through the application of new technologies on terms which make such an

application economically and socially beneficial,

Determined to protect the climate system for present and future generations,

Have agreed as follows:

ARTICLE 1

DEFINITIONS*

For the purposes of this Convention:

1...."Adverse effects of climate change" means changes in the physical environment

or biota resulting from climate change which have significant deleterious effects on

the composition, resilience or productivity of natural and managed ecosystems or

on the operation of socio-economic systems or on human health and welfare.

2...."Climate change" means a change of climate which is attributed directly or

indirectly to human activity that alters the composition of the global atmosphere and

which is in addition to natural climate variability observed over comparable time

periods.

3...."Climate system" means the totality of the atmosphere, hydrosphere, biosphere

and geosphere and their interactions.

4...."Emissions" means the release of greenhouse gases and/or their precursors into

the atmosphere over a specified area and period of time.

5...."Greenhouse gases" means those gaseous constituents of the atmosphere, both

natural and anthropogenic, that absorb and re-emit infrared radiation.

6...."Regional economic integration organization" means an organization constituted

by sovereign States of a given region which has competence in respect of matters

governed by this Convention or its protocols and has been duly authorized, in

accordance with its internal procedures, to sign, ratify, accept, approve or accede

to the instruments concerned.

7...."Reservoir" means a component or components of the climate system where a

greenhouse gas or a precursor of a greenhouse gas is stored.

8...."Sink" means any process, activity or mechanism which removes a greenhouse

gas, an aerosol or a precursor of a greenhouse gas from the atmosphere.

9...."Source" means any process or activity which releases a greenhouse gas, an

aerosol or a precursor of a greenhouse gas into the atmosphere.

* Titles of articles are included solely to assist the reader.

ARTICLE 2

OBJECTIVE

The ultimate objective of this Convention and any related legal instruments that the

Conference of the Parties may adopt is to achieve, in accordance with the relevant

provisions of the Convention, stabilization of greenhouse gas concentrations in the

atmosphere at a level that would prevent dangerous anthropogenic interference

with the climate system. Such a level should be achieved within a time frame

sufficient to allow ecosystems to adapt naturally to climate change, to ensure that

food production is not threatened and to enable economic development to proceed

in a sustainable manner.

ARTICLE 3

PRINCIPLES

In their actions to achieve the objective of the Convention and to implement its provisions, the Parties shall be guided, INTER ALIA, by the following:

1....The Parties should protect the climate system for the benefit of present and

future generations of humankind, on the basis of equity and in accordance with

their common but differentiated responsibilities and respective capabilities.

Accordingly, the developed country Parties should take the lead in combating

climate change and the adverse effects thereof.

2....The specific needs and special circumstances of developing country Parties,

especially those that are particularly vulnerable to the adverse effects of climate

change, and of those Parties, especially developing country Parties, that would

have to bear a disproportionate or abnormal burden under the Convention, should

be given full consideration.

3....The Parties should take precautionary measures to anticipate, prevent or

minimize the causes of climate change and mitigate its adverse effects. Where there

are threats of serious or irreversible damage, lack of full scientific certainty should

not be used as a reason for postponing such measures, taking into account that

policies and measures to deal with climate change should be cost-effective so as to

ensure global benefits at the lowest possible cost. To achieve this, such policies

and measures should take into account different socio-economic contexts, be

comprehensive, cover all relevant sources, sinks and reservoirs of greenhouse

gases and adaptation, and comprise all economic sectors. Efforts to address

climate change may be carried out cooperatively by interested Parties.

4....The Parties have a right to, and should, promote sustainable development.

Policies and measures to protect the climate system against human-induced change

should be appropriate for the specific conditions of each Party and should be

integrated with national development programs, taking into account that

economic development is essential for adopting measures to address climate

change.

5....The Parties should cooperate to promote a supportive and open international

economic system that would lead to sustainable economic growth and

development in all Parties, particularly developing country Parties, thus enabling

them better to address the problems of climate change. Measures taken to combat

climate change, including unilateral ones, should not constitute a means of arbitrary

or unjustifiable discrimination or a disguised restriction on international trade.

ARTICLE 4

COMMITMENTS

1....All Parties, taking into account their common but differentiated responsibilities

and their specific national and regional development priorities, objectives and

circumstances, shall:

(a)....Develop, periodically update, publish and make available to the Conference

of the Parties, in accordance with Article 12, 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;

(b)....Formulate, implement, publish and regularly update national and, where

appropriate, regional programs containing measures to mitigate climate change

by addressing anthropogenic emissions by sources and removals by sinks of all

greenhouse gases not controlled by the Montreal Protocol, and measures to

facilitate adequate adaptation to climate change;

(c)....Promote and cooperate in the development, application and diffusion,

including transfer, of technologies, practices and processes that control, reduce or

prevent anthropogenic emissions of greenhouse gases not controlled by the

Montreal Protocol in all relevant sectors, including the energy, transport, industry,

agriculture, forestry and waste management sectors;

(d)....Promote sustainable management, and promote and cooperate in the

conservation and enhancement, as appropriate, of sinks and reservoirs of all

greenhouse gases not controlled by the Montreal Protocol, including biomass,

forests and oceans as well as other terrestrial, coastal and marine ecosystems;

(e)....Cooperate in preparing for adaptation to the impacts of climate change;

develop and elaborate appropriate and integrated plans for coastal zone

management, water resources and agriculture, and for the protection and

rehabilitation of areas, particularly in Africa, affected by drought and

desertification, as well as floods;

(f)....Take climate change considerations into account, to the extent feasible, in

their relevant social, economic and environmental policies and actions, and employ

appropriate methods, for example impact assessments, formulated and determined

nationally, with a view to minimizing adverse effects on the economy, on public

health and on the quality of the environment, of projects or measures undertaken

by them to mitigate or adapt to climate change;

(g)....Promote and cooperate in scientific, technological, technical, socio-economic

and other research, systematic observation and development of data archives

related to the climate system and intended to further the understanding and to

reduce or eliminate the remaining uncertainties regarding the causes, effects,

magnitude and timing of climate change and the economic and social consequences

of various response strategies;

(h)....Promote and cooperate in the full, open and prompt exchange of relevant

scientific, technological, technical, socio-economic and legal information related to

the climate system and climate change, and to the economic and social

consequences of various response strategies;

(i)....Promote and cooperate in education, training and public awareness related to

climate change and encourage the widest participation in this process, including that

of non- governmental organizations; and

(j)....Communicate to the Conference of the Parties information related to

implementation, in accordance with Article 12.

2....The developed country Parties and other Parties included in Annex I commit

themselves specifically as provided for in the following:

(a)....Each of these Parties shall adopt national1 policies and take corresponding

measures on the mitigation of climate change, by limiting its anthropogenic

emissions of greenhouse gases and protecting and enhancing its greenhouse gas

sinks and reservoirs. These policies and measures will demonstrate that developed

countries are taking the lead in modifying longer-term trends in anthropogenic

emissions consistent with the objective of the Convention, recognizing that the

return by the end of the present decade to earlier levels of anthropogenic emissions

of carbon dioxide and other greenhouse gases not controlled by the Montreal

Protocol would contribute to such modification, and taking into account the

differences in these Parties' starting points and approaches, economic structures

and resource bases, the need to maintain strong and sustainable economic growth,

available technologies and other individual circumstances, as well as the need for

equitable and appropriate contributions by each of these Parties to the global effort

regarding that objective. These Parties may implement such policies and measures

jointly with other Parties and may assist other Parties in contributing to the

achievement of the objective of the Convention and, in particular, that of this

subparagraph;

(b)....In order to promote progress to this end, each of these Parties shall

communicate, within six months of the entry into force of the Convention for it and

periodically thereafter, and in accordance with Article 12, detailed information on

its policies and measures referred to in subparagraph (a) above, as well as on its

resulting projected anthropogenic emissions by sources and removals by sinks of

greenhouse gases not controlled by the Montreal Protocol for the period referred

to in subparagraph (a), with the aim of returning individually or jointly to their 1990

levels these anthropogenic emissions of carbon dioxide and other greenhouse gases

not controlled by the Montreal Protocol. This information will be reviewed by the

Conference of the Parties, at its first session and periodically thereafter, in

accordance with Article 7;

(c)....Calculations of emissions by sources and removals by sinks of greenhouse

gases for the purposes of subparagraph (b) above should take into account the

best available scientific knowledge, including of the effective capacity of sinks and

the respective contributions of such gases to climate change. The Conference of

the Parties shall consider and agree on methodologies for these calculations at its

first session and review them regularly thereafter;

(d)....The Conference of the Parties shall, at its first session, review the adequacy

of subparagraphs (a) and (b) above. Such review shall be carried out in the light of

the best available scientific information and assessment on climate change and its

impacts, as well as relevant technical, social and economic information. Based on

this review, the Conference of the Parties shall take appropriate action, which may

include the adoption of amendments to the commitments in subparagraphs (a) and

(b) above. The Conference of the Parties, at its first session, shall also take

decisions regarding criteria for joint implementation as indicated in subparagraph

(a) above. A second review of subparagraphs (a) and (b) shall take place not later

than 31 December 1998, and thereafter at regular intervals determined by the

Conference of the Parties, until the objective of the Convention is met;

(e)....Each of these Parties shall :

i)....Coordinate as appropriate with other such Parties, relevant economic and

administrative instruments developed to achieve the objective of the Convention;

and

(ii)....Identify and periodically review its own policies and practices which

encourage activities that lead to greater levels of anthropogenic emissions of

greenhouse gases not controlled by the Montreal Protocol than would otherwise

occur;

(f)....The Conference of the Parties shall review, not later than 31 December 1998,

available information with a view to taking decisions regarding such amendments to

the lists in Annexes I and II as may be appropriate, with the approval of the Party

concerned;

(g)....Any Party not included in Annex I may, in its instrument of ratification,

acceptance, approval or accession, or at any time thereafter, notify the Depositary

that it intends to be bound by subparagraphs (a) and (b) above. The Depositary

shall inform the other signatories and Parties of any such notification.

3....The developed country Parties and other developed Parties included in Annex

II shall provide new and additional financial resources to meet the agreed full costs

incurred by developing country Parties in complying with their obligations under

Article 12, paragraph 1. They shall 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 implementing measures that are covered by

paragraph 1 of this Article and that are agreed between a developing country Party

and the international entity or entities referred to in Article 11, in accordance with

that Article. The implementation of these commitments shall take into account the

need for adequacy and predictability in the flow of funds and the importance of

appropriate burden sharing among the developed country Parties.

4....The developed country Parties and other developed Parties included in Annex

II shall also assist the developing country Parties that are particularly vulnerable to

the adverse effects of climate change in meeting costs of adaptation to those

adverse effects.

5....The developed country Parties and other developed Parties included in Annex

II shall take all practicable steps to promote, facilitate and finance, as appropriate,

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

other Parties, particularly developing country Parties, to enable them to implement

the provisions of the Convention. In this process, the developed country Parties

shall support the development and enhancement of endogenous capacities and

technologies of developing country Parties. Other Parties and organizations in a

position to do so may also assist in facilitating the transfer of such technologies.

6....In the implementation of their commitments under paragraph 2 above, a certain

degree of flexibility shall be allowed by the Conference of the Parties to the Parties

included in Annex I undergoing the process of transition to a market economy, in

order to enhance the ability of these Parties to address climate change, including

with regard to the historical level of anthropogenic emissions of greenhouse gases

not controlled by the Montreal Protocol chosen as a reference.

7....The extent to which developing country Parties will effectively implement their

commitments under the Convention will depend on the effective implementation by

developed country Parties of their commitments under the Convention related to

financial resources and transfer of technology and will take fully into account that

economic and social development and poverty eradication are the first and

overriding priorities of the developing country Parties.

8....In the implementation of the commitments in this Article, the Parties shall give

full consideration to what actions are necessary under the Convention, including

actions related to funding, insurance and the transfer of technology, to meet the

specific needs and concerns of developing country Parties arising from the adverse

effects of climate change and/or the impact of the implementation of response

measures, especially on:

(a)....Small island countries;

(b)....Countries with low-lying coastal areas;

(c)....Countries with arid and semi-arid areas, forested areas and areas liable to

forest decay;

(d)....Countries with areas prone to natural disasters;

(e)....Countries with areas liable to drought and desertification;

(f)....Countries with areas of high urban atmospheric pollution;

(g)....Countries with areas with fragile ecosystems, including mountainous

ecosystems;

(h)....Countries whose economies are highly dependent on income generated from

the production, processing and export, and/or on consumption of fossil fuels and

associated energy-intensive products; and

(i)....Land-locked and transit countries.

Further, the Conference of the Parties may take actions, as appropriate, with

respect to this paragraph.

9.....The Parties shall take full account of the specific needs and special situations

of the least developed countries in their actions with regard to funding and transfer

of technology.

10....The Parties shall, in accordance with Article 10, take into consideration in the

implementation of the commitments of the Convention the situation of Parties,

particularly developing country Parties, with economies that are vulnerable to the

adverse effects of the implementation of measures to respond to climate change.

This applies notably to Parties with economies that are highly dependent on income

generated from the production, processing and export, and/or consumption of

fossil fuels and associated energy-intensive products and/or the use of fossil fuels

for which such Parties have serious difficulties in switching to alternatives.

ARTICLE 5

RESEARCH AND SYSTEMATIC

OBSERVATION

In carrying out their commitments under Article 4, paragraph 1(g), the Parties shall:

(a)....Support and further develop, as appropriate, international and

intergovernmental programs and networks or organizations aimed at defining,

conducting, assessing and financing research, data collection and systematic

observation, taking into account the need to minimize duplication of effort;

(b)....Support international and intergovernmental efforts to strengthen systematic

observation and national scientific and technical research capacities and

capabilities, particularly in developing countries, and to promote access to, and the

exchange of, data and analyses thereof obtained from areas beyond national

jurisdiction; and

(c)....Take into account the particular concerns and needs of developing countries

and cooperate in improving their endogenous capacities and capabilities to

participate in the efforts referred to in subparagraphs (a) and (b) above.

ARTICLE 6

EDUCATION, TRAINING AND PUBLIC

AWARENESS

In carrying out their commitments under Article 4, paragraph 1(i), the Parties shall:

(a)....Promote and facilitate at the national and, as appropriate, subregional and

regional levels, and in accordance with national laws and regulations, and within

their respective capacities:

(i)....The development and implementation of educational and public awareness

programs on climate change and its effects;

(ii)....Public access to information on climate change and its effects;

(iii)....Public participation in addressing climate change and its effects and

developing adequate responses; and

(iv)....Training of scientific, technical and managerial personnel.

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

using existing bodies:

(i)....The development and exchange of educational and public awareness material

on climate change and its effects; and

(ii)....The development and implementation of education and training programs,

including the strengthening of national institutions and the exchange or secondment

of personnel to train experts in this field, in particular for developing countries.

ARTICLE 7

CONFERENCE OF THE PARTIES

1....A Conference of the Parties is hereby established.

2....The Conference of the Parties, as the supreme body of this Convention, shall

keep under regular review the implementation of the Convention and any related

legal instruments that the Conference of the Parties may adopt, and shall make,

within its mandate, the decisions necessary to promote the effective implementation

of the Convention. To this end, it shall:

(a)....Periodically examine the obligations of the Parties and the institutional

arrangements under 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;

(b)....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 the Convention;

(c)....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 the Convention;

(d)....Promote and guide, in accordance with the objective and provisions of the

Convention, the development and periodic refinement of comparable

methodologies, to be agreed on by the Conference of the Parties, inter alia, for

preparing inventories of greenhouse gas emissions by sources and removals by

sinks, and for evaluating the effectiveness of measures to limit the emissions and

enhance the removals of these gases;

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

the provisions of the Convention, the implementation of the Convention by the

Parties, the overall effects of the measures taken pursuant to the Convention, 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;

(f)....Consider and adopt regular reports on the implementation of the Convention

and ensure their publication;

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

the Convention;

(h)....Seek to mobilize financial resources in accordance with Article 4, paragraphs

3, 4 and 5, and Article 11;

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

implementation of the Convention;

(j)....Review reports submitted by its subsidiary bodies and provide guidance to

them;

(k)....Agree upon and adopt, by consensus, rules of procedure and financial rules

for itself and for any subsidiary bodies;

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

information provided by, competent international organizations and

intergovernmental and non-governmental bodies; and

(m)....Exercise such other functions as are required for the achievement of the

objective of the Convention as well as all other functions assigned to it under the

Convention.

3....The Conference of the Parties shall, at its first session, adopt its own rules of

procedure as well as those of the subsidiary bodies established by the Convention,

which shall include decision-making procedures for matters not already covered by

decision- making procedures stipulated in the Convention. Such procedures may

include specified majorities required for the adoption of particular decisions.

4....The first session of the Conference of the Parties shall be convened by the

interim secretariat referred to in Article 21 and shall take place not later than one

year after the date of entry into force of the Convention. Thereafter, ordinary

sessions of the Conference of the Parties shall be held every year unless otherwise

decided by the Conference of the Parties.

5....Extraordinary sessions of the Conference of the Parties shall be held at such

other times as may be deemed necessary by the Conference, 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.

6....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 as observers. Any body or agency, whether national or international,

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

Convention, and which has informed the secretariat of its wish to be represented at

a session of the Conference of the Parties 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 adopted by the

Conference of the Parties.

ARTICLE 8

SECRETARIAT

1....A secretariat is hereby established.

2....The functions of the secretariat shall be:

(a)....To make arrangements for sessions of the Conference of the Parties and its

subsidiary bodies established under the Convention and to provide them with

services as required;

(b)....To compile and transmit reports submitted to it;

(c)....To facilitate assistance to the Parties, particularly developing country Parties,

on request, in the compilation and communication of information required in

accordance with the provisions of the Convention;

(d)....To prepare reports on its activities and present them to the Conference of the

Parties;

(e)....To ensure the necessary coordination with the secretariats of other relevant

international bodies;

(f)....To enter, under the overall guidance of the Conference of the Parties, into

such administrative and contractual arrangements as may be required for the

effective discharge of its functions; and

(g)....To perform the other secretariat functions specified in the Convention and in

any of its protocols and such other functions as may be determined by the

Conference of the Parties.

3....The Conference of the Parties, at its first session, shall designate a permanent

secretariat and make arrangements for its functioning.

ARTICLE 9

SUBSIDIARY BODY FOR SCIENTIFIC AND

TECHNOLOGICAL ADVICE

1....A subsidiary body for scientific and technological advice is hereby established

to provide the Conference of the Parties and, as appropriate, its other subsidiary

bodies with timely information and advice on scientific and technological matters

relating to the Convention. This body shall be open to participation by all Parties

and shall be multidisciplinary. It shall comprise government representatives

competent in the relevant field of expertise. It shall report regularly to the

Conference of the Parties on all aspects of its work.

2.....Under the guidance of the Conference of the Parties, and drawing upon

existing competent international bodies, this body shall:

(a)....Provide assessments of the state of scientific knowledge relating to climate

change and its effects;

(b)....Prepare scientific assessments on the effects of measures taken in the

implementation of the Convention;

(c)....Identify innovative, efficient and state-of-the-art technologies and know-how

and advise on the ways and means of promoting development and/or transferring

such technologies;

(d)....Provide advice on scientific programs, international cooperation in

research and development related to climate change, as well as on ways and

means of supporting endogenous capacity-building in developing countries; and

(e)....Respond to scientific, technological and methodological questions that the

Conference of the Parties and its subsidiary bodies may put to the body.

3....The functions and terms of reference of this body may be further elaborated by

the Conference of the Parties.

ARTICLE 10

SUBSIDIARY BODY FOR

IMPLEMENTATION

1....A subsidiary body for implementation is hereby established to assist the

Conference of the Parties in the assessment and review of the effective

implementation of the Convention. This body shall be open to participation by all

Parties and comprise government representatives who are experts on matters

related to climate change. It shall report regularly to the Conference of the Parties

on all aspects of its work.

2....Under the guidance of the Conference of the Parties, this body shall:

(a)....Consider the information communicated in accordance with Article 12,

paragraph 1, to assess the overall aggregated effect of the steps taken by the

Parties in the light of the latest scientific assessments concerning climate change;

(b)....Consider the information communicated in accordance with Article 12,

paragraph 2, in order to assist the Conference of the Parties in carrying out the

reviews required by Article 4, paragraph 2(d); and

(c)....Assist the Conference of the Parties, as appropriate, in the preparation and

implementation of its decisions.

ARTICLE 11

FINANCIAL MECHANISM

1....A mechanism for the provision of financial resources on a grant or concessional

basis, including for the transfer of technology, is hereby defined. It shall function

under the guidance of and be accountable to the Conference of the Parties, which

shall decide on its policies, program priorities and eligibility criteria related to

this Convention. Its operation shall be entrusted to one or more existing

international entities.

2....The financial mechanism shall have an equitable and balanced representation of

all Parties within a transparent system of governance.

3....The Conference of the Parties and the entity or entities entrusted with the

operation of the financial mechanism shall agree upon arrangements to give effect

to the above paragraphs, which shall include the following:

(a)....Modalities to ensure that the funded projects to address climate change are in

conformity with the policies, program priorities and eligibility criteria established

by the Conference of the Parties;

(b)....Modalities by which a particular funding decision may be reconsidered in light

of these policies, program priorities and eligibility criteria;

(c)....Provision by the entity or entities of regular reports to the Conference of the

Parties on its funding operations, which is consistent with the requirement for

accountability set out in paragraph 1 above; and

(d)....Determination in a predictable and identifiable manner of the amount of

funding necessary and available for the implementation of this Convention and the

conditions under which that amount shall be periodically reviewed.

4....The Conference of the Parties shall make arrangements to implement the

above- mentioned provisions at its first session, reviewing and taking into account

the interim arrangements referred to in Article 21, paragraph 3, and shall decide

whether these interim arrangements shall be maintained. Within four years

thereafter, the Conference of the Parties shall review the financial mechanism and

take appropriate measures.

5....The developed country Parties may also provide and developing country

Parties avail themselves of, financial resources related to the implementation of the

Convention through bilateral, regional and other multilateral channels.

ARTICLE 12

COMMUNICATION OF INFORMATION

RELATED TO IMPLEMENTATION

1....In accordance with Article 4, paragraph 1, each Party shall communicate to

the Conference of the Parties, through the secretariat, the following elements of

information:

(a)....A national inventory of anthropogenic emissions by sources and removals by

sinks of all greenhouse gases not controlled by the Montreal Protocol, to the extent

its capacities permit, using comparable methodologies to be promoted and agreed

upon by the Conference of the Parties;

(b)....A general description of steps taken or envisaged by the Party to implement

the Convention; and

(c)....Any other information that the Party considers relevant to the achievement of

the objective of the Convention and suitable for inclusion in its communication,

including, if feasible, material relevant for calculations of global emission trends.

2....Each developed country Party and each other Party included in Annex I shall

incorporate in its communication the following elements of information:

(a)....A detailed description of the policies and measures that it has adopted to

implement its commitment under Article 4, paragraphs 2(a) and 2(b); and

(b)....A specific estimate of the effects that the policies and measures referred to in

subparagraph (a) immediately above will have on anthropogenic emissions by its

sources and removals by its sinks of greenhouse gases during the period referred

to in Article 4, paragraph 2(a).

3....In addition, each developed country Party and each other developed Party

included in Annex II shall incorporate details of measures taken in accordance with

Article 4, paragraphs 3, 4 and 5.

4....Developing country Parties may, on a voluntary basis, propose projects for

financing, including specific technologies, materials, equipment, techniques or

practices that would be needed to implement such projects, along with, if possible,

an estimate of all incremental costs, of the reductions of emissions and increments

of removals of greenhouse gases, as well as an estimate of the consequent benefits.

5....Each developed country Party and each other Party included in Annex I shall

make its initial communication within six months of the entry into force of the

Convention for that Party. Each Party not so listed shall make its initial

communication within three years of the entry into force of the Convention for that

Party, or of the availability of financial resources in accordance with Article 4,

paragraph 3. Parties that are least developed countries may make their initial

communication at their discretion. The frequency of subsequent communications by

all Parties shall be determined by the Conference of the Parties, taking into account

the differentiated timetable set by this paragraph.

6....Information communicated by Parties under this Article shall be transmitted by

the secretariat as soon as possible to the Conference of the Parties and to any

subsidiary bodies concerned. If necessary, the procedures for the communication

of information may be further considered by the Conference of the Parties.

7....From its first session, the Conference of the Parties shall arrange for the

provision to developing country Parties of technical and financial support, on

request, in compiling and communicating information under this Article, as well as

in identifying the technical and financial needs associated with proposed projects

and response measures under Article 4. Such support may be provided by other

Parties, by competent international organizations and by the secretariat, as

appropriate.

8....Any group of Parties may, subject to guidelines adopted by the Conference of

the Parties, and to prior notification to the Conference of the Parties, make a joint

communication in fulfillment of their obligations under this Article, provided that

such a communication includes information on the fulfillment by each of these

Parties of its individual obligations under the Convention.

9....Information received by the secretariat that is designated by a Party as

confidential, in accordance with criteria to be established by the Conference of the

Parties, shall be aggregated by the secretariat to protect its confidentiality before

being made available to any of the bodies involved in the communication and

review of information.

10....Subject to paragraph 9 above, and without prejudice to the ability of any

Party to make public its communication at any time, the secretariat shall make

communications by Parties under this Article publicly available at the time they are

submitted to the Conference of the Parties.

ARTICLE 13

RESOLUTION OF QUESTIONS REGARDING

IMPLEMENTATION

The Conference of the Parties shall, at its first session, consider the establishment

of a multilateral consultative process, available to Parties on their request, for the

resolution of questions regarding the implementation of the Convention.

ARTICLE 14

SETTLEMENT OF DISPUTES

1....In the event of a dispute between any two or more Parties concerning the

interpretation or application of the Convention, the Parties concerned shall seek a

settlement of the dispute through negotiation or any other peaceful means of their

own choice.

2....When ratifying, accepting, approving or acceding to the Convention, or at any

time thereafter, a Party which is not a regional economic integration organization

may declare in a written instrument submitted to the Depositary that, in respect of

any dispute concerning the interpretation or application of the Convention, it

recognizes as compulsory ipso facto and without special agreement, in relation to

any Party accepting the same obligation:

(a)....Submission of the dispute to the International Court of Justice, and/or

(b)....Arbitration in accordance with procedures to be adopted by the Conference

of the Parties as soon as practicable, in an annex on arbitration.

A Party which is a regional economic integration organization may make a

declaration with like effect in relation to arbitration in accordance with the

procedures referred to in subparagraph (b) above.

3....A declaration made under paragraph 2 above shall remain in force until it

expires in accordance with its terms or until three months after written notice of its

revocation has been deposited with the Depositary.

4....A new declaration, a notice of revocation or the expiry of a declaration shall

not in any way affect proceedings pending before the International Court of Justice

or the arbitral tribunal, unless the parties to the dispute otherwise agree.

5....Subject to the operation of paragraph 2 above, if after twelve months following

notification by one Party to another that a dispute exists between them, the Parties

concerned have not been able to settle their dispute through the means mentioned

in paragraph 1 above, the dispute shall be submitted, at the request of any of the

parties to the dispute, to conciliation.

6....A conciliation commission shall be created upon the request of one of the

parties to the dispute. The commission shall be composed of an equal number of

members appointed by each party concerned and a chairman chosen jointly by the

members appointed by each party. The commission shall render a

recommendatory award, which the parties shall consider in good faith.

7....Additional procedures relating to conciliation shall be adopted by the

Conference of the Parties, as soon as practicable, in an annex on conciliation.

8....The provisions of this Article shall apply to any related legal instrument which

the Conference of the Parties may adopt, unless the instrument provides otherwise.

ARTICLE 15

AMENDMENTS TO THE CONVENTION

1....Any Party may propose amendments to the Convention.

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

Conference of the Parties. The text of any proposed amendment to the Convention

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 proposed amendments to the 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 the Convention 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 the Convention.

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.

6....For the purposes of this Article, "Parties present and voting" means Parties

present and casting an affirmative or negative vote.

ARTICLE 16

ADOPTION AND AMENDMENT OF

ANNEXES TO THE CONVENTION

1....Annexes to the Convention shall form an integral part thereof and, unless

otherwise expressly provided, a reference to the Convention constitutes at the

same time a reference to any annexes thereto. Without prejudice to the provisions

of Article 14, paragraphs 2(b) and 7, such annexes 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....Annexes to the Convention shall be proposed and adopted in accordance with

the procedure set forth in Article 15, paragraphs 2, 3 and 4.

3....An annex that has been adopted in accordance with paragraph 2 above shall

enter into force for all Parties to the Convention six months after the date of the

communication by the Depositary to such Parties of the adoption of the annex,

except for those Parties that have notified the Depositary, in writing, within that

period of their non-acceptance of the annex. The 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.

4....The proposal, adoption and entry into force of amendments to annexes to the

Convention shall be subject to the same procedure as that for the proposal,

adoption and entry into force of annexes to the Convention in accordance with

paragraphs 2 and 3 above.

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

amendment to the Convention, that annex or amendment to an annex shall not

enter into force until such time as the amendment to the Convention enters into

force.

ARTICLE 17

PROTOCOLS

1....The Conference of the Parties may, at any ordinary session, adopt protocols to

the Convention.

2....The text of any proposed protocol shall be communicated to the Parties by the

secretariat at least six months before such a session.

3....The requirements for the entry into force of any protocol shall be established

by that instrument.

4....Only Parties to the Convention may be Parties to a protocol.

5....Decisions under any protocol shall be taken only by the Parties to the protocol

concerned.

ARTICLE 18

RIGHT TO VOTE

1....Each Party to the Convention 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 the Convention. Such an

organization shall not exercise its right to vote if any of its member States exercises

its right, and vice versa.

ARTICLE 19

DEPOSITARY

The Secretary-General of the United Nations shall be the Depositary of the

Convention and of protocols adopted in accordance with Article 17.

ARTICLE 20

SIGNATURE

This Convention shall be open for signature by States Members of the United

Nations or of any of its specialized agencies or that are Parties to the Statute of the

International Court of Justice and by regional economic integration organizations at

Rio de Janeiro, during the United Nations Conference on Environment and

Development, and thereafter at United Nations Headquarters in New York from

20 June 1992 to 19 June 1993.

ARTICLE 21

INTERIM ARRANGEMENTS

1....The secretariat functions referred to in Article 8 will be carried out on an

interim basis by the secretariat established by the General Assembly of the United

Nations in its resolution 45/212 of 21 December 1990, until the completion of the

first session of the Conference of the Parties.

2....The head of the interim secretariat referred to in paragraph 1 above will

cooperate closely with the Intergovernmental Panel on Climate Change to ensure

that the Panel can respond to the need for objective scientific and technical advice.

Other relevant scientific bodies could also be consulted.

3....The Global Environment Facility of the United Nations Development

Program, the United Nations Environment Program and the International

Bank for Reconstruction and Development shall be the international entity

entrusted with the operation of the financial mechanism referred to in Article 11 on

an interim basis. In this connection, the Global Environment Facility should be

appropriately restructured and its membership made universal to enable it to fulfil

the requirements of Article 11.

ARTICLE 22

RATIFICATION, ACCEPTANCE, APPROVAL

OR ACCESSION

1....The Convention shall be subject to ratification, acceptance, approval or

accession by States and by regional economic integration organizations. It shall be

open for accession from the day after the date on which the Convention 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 the

Convention without any of its member States being a Party shall be bound by all

the obligations under the Convention. In the case of such organizations, one or

more of whose member States is a Party to the Convention, the organization and

its member States shall decide on their respective responsibilities for the

performance of their obligations under the Convention. In such cases, the

organization and the member States shall not be entitled to exercise rights under the

Convention 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 the Convention. 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 23

ENTRY INTO FORCE

1....The Convention shall enter into force on the ninetieth day after the date of

deposit of the fiftieth instrument of ratification, acceptance, approval or accession.

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

accepts or approves the Convention or accedes thereto after the deposit of the

fiftieth instrument of ratification, acceptance, approval or accession, the Convention

shall enter into force on the ninetieth day after the date of deposit by such State or

regional economic integration organization of its instrument of ratification,

acceptance, approval or accession.

3....For the purposes of paragraphs 1 and 2 above, 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 24

RESERVATIONS

No reservations may be made to the Convention.

ARTICLE 25

WITHDRAWAL

1....At any time after three years from the date on which the Convention has

entered into force for a Party, that Party may withdraw from the Convention 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 any protocol to which it is a Party.

ARTICLE 26

AUTHENTIC TEXTS

The original of this Convention, 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.

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

have signed this Convention.

DONE at New York this ninth day of May one thousand nine hundred and ninety-

two.

ANNEX I AND ANNEX II COUNTRIES

Annex I

Australia

Austria

Belarus a/

Belgium

Bulgaria a/

Canada

Czechoslovakia a/

Denmark

European Economic Community

Estonia a/

Finland

France

Germany

Greece

Hungary a/

Iceland

Ireland

Italy

Japan

Latvia a/

Lithuania a/

Luxembourg

Netherlands

New Zealand

Norway

Poland a/

Portugal

Romania a/

Russian Federation a/

Spain

Sweden

Switzerland

Turkey

Ukraine a/

United Kingdom of Great Britain and Northern Ireland

United States of America

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

Annex II