Article 1-10  |  Article 11-20  |  Article 21-27  |  Country-by-country emission targets

ENGLISH CONFERENCE OF THE PARTIES Third session Kyoto, 1-10 December 1997

KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

Article 11

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 operating entity or entities 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 in 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 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

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 FCCC/CP/1997/L.7/Add.1 English Page 14 (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 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 

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 it. 

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 substituted 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 of 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

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

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 the 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 substituted 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 17. 


Article 16 (b)

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 of this Protocol. Any such trading
shall be supplemental to domestic actions for the purpose of meeting quantified emission
limitation and reduction commitments under that Article. 


Article 17

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 18

The provisions of Article 14 of the Convention on settlement of disputes shall apply
mutatis mutandis to this Protocol. 


Article 19

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 20

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, other than Annex A or B, that has been adopted or amended 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 or
amendment of 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 19, provided that any amendments to Annex
B shall be adopted only with the written consent of the Party concerned .

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