National Climate Change Act, 2021

THBREPT.IBIICOF UGANDA TIIE NAIIONAL CLIMATE CHANGE ACT' 2O2I' i)./rf't l-I.r. i\ I ii I!'I L I I.: ii,i It I' f Pf ) Ftf rr /1'rx. r.111sp11r11-4 * 2hatj:iLJ. I * AC(; NU: .. cn l L Nc):. ( .TF .\ W, TTIB REPTJBIIC OF UGANDA I stcNtrY mY assent to the bill' a l)Alt !. Intri I.. ft '{' Li l-: i-t,.ii,Lt, oir f.,,I /.t;h -.^.;,, {LA * 2 F nti6 i,l, t * ACC trtr.... CALL NCi:.. President r+(e ln*tDarc of assent:. o....... 1 t Act Section 10. ll. t2. 13. t4. 15. 16. National Climate Change Act THE NAIIONAL CLIMATE CI{ANGE ACT,aO2I ARRANGEMENT OF SECTIONS Measurement of em issions National reference level National reporting Verification of daa and information Pmr V-InsrrrurroNAL Ann lnceupurs Departnent responsible for climate change Policy Committee on Environment National Climarc Change Advisory Committee mzt Penr I-PnsLrMrNARY l. Commencement 2. Interpretation 3. Purpose ofAct 4. Convention, its Protocol and theAgreement to have force of law in Uganda Pmr ll{uru.,crE CHeNcp RespoNse MensuREs 5. Framework Stratery on Climate Change 6. National Climate ChangeAction Plan 7. kadAgency Climate ChangeAction Plan 8. Distict Climate Change Action Plan Prnr III-{LMATE CHa}ros MscHANrsr*rs 9. Participation in climate change mechanisms Penr IV-MrAsuRrNG or Emsspns, RrRonrnc mo VentncnnoN or hqroRr',lnnon t ) t Act National Climate Clange Act mzl I-eadAgencies District departrnent responsible for climate change District committee responsible for climate change Lower local government committees responsible for climate change Pnnr VI-FTNANcTNG Financing for climarc change Incentives for climate change actions 17. rt. 19. 20. 2t. 22. 23. 24. 25. 26. 27. 2t. 29. 30. 31. Penr VII-MrscELLANEous Duties of privatc entities and individuals Confidentiality Indemnity from personal liability Litigation on climate change Biennial l€port Reporting by lead agencies Integration of climate change into the curriculum Amendment of the Public Finance ManagementAct, 2015 Regulations SCIIEDULES I'A i,l i,1...ili ij :l'l' t, i U :i,.', ii (r' l)(., ai',./ /l;,r .,,ltj,r,JLr\ * ? fi nt;( L,l. t nc(l No. CAI.L NO: * Schedule I Schedule 2 Schedule 3 Schedule 4 Currency Point United Nations Framework Convention on Climate Change, 1992 Kyoto Protocol to the United Nations Framework Convention on Climate Change, t997 ParisAgreement, 2015 Act Natiotul Climate Clange Act mzt TIIB REPI,,BLTC OF UGAITIDA TIIE NATIONAL CLIMATE CHANGE ACT, 2021 An Act to give the force of lew in Ugande to the United Nations Framcwork Convention on Climate Change, the Kyoto Ptttocol, end the Peris Agrcement; to provide for climete change nmponse measures; to pnovide for perticipation in climate cbangc mechanisms; to provide for meesuring of emissiong rcporting and verification of infomation; to provide for institutionel errngements for cooldinating end implementing climate change nmF)nse Eersunmi to prcvide for financing for climate chenge; end for rclated matters. Dere orAssercr: Date ofCommencement: BE IT ENACTED by Parliament as follows: Panr I-PnsLrMrNARY l. Comnencemcnt ThisAct shall come into forceonadate to be appointed by the Minisrcr by sAtutory instnrment. Act National Climate Clwnge Act mzl 2. Interpretation In this Act, unless the context otherwise requires "adaptation" means adjusunent in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities; "advers€ effects of climate change" means changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, rcsilience or productivity of natural and managed ecosystems or on the operation of socio economic systems or on human health and welfare; "Agreement" means the Paris Agreement 2015 set out in Schedule 4 to thisAct; "authorised officer" means an officer of the Departnent or any other person acting under the authority of or delegated to act in a particular way by the Commissioner; "baseline year" means a year specified by the Minister in consultation withthe Policy Committee onthe Environment to be the baseline year for purposes of this Act; 'tlimate 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; "climate change mechanism" means a mechanism to contribute to the mitigation of greenhouse gas emissions and support sustainable development and includes cooperative and non-market approaches as defined under article 6 of the Agreement; l';iii:.!.'^it: ;,-t,,'1' l.i r:^i, i.',' p() .'i.-.4 ., t:l: , ,\t,,, .\[ A * ?.6 ai;5 1,1, i ACC t,iu * Act National Climate Clunge Act mzl 'tlimate variability" means variations in the average state and in other statistics of the climate beyond that of individual weather events; 'Commissioner" means the commissioner responsible for the Department; "Committee" means the Policy Comminee on the Environment established under section 6 of the National Environment Act,2019; '€onvention" means the United Nations Framework Convention on Climate Change set out in Schedule 2 to thisAct; "cunrncy point" has the value assigned to it in Schedule I to thisAcq "Departnent" means the Departnent responsible for climate change in the Ministry; "district" includes Kampala Capital City and other cities; 'tmissions" means the release of greenhouse gases or their precursors into the atmosphere over a specified area and period of time wtrere the emissions are attributable to human activity; "greenhouse gas" means those gaseou constiuents of the atuosphere, both natural and urthropogenic, that absorb and re-emit infrared radiation; "lead agency" means a ministry, departnreng local government or agency of Govemment which is responsible for undertaking r€sponse measures for climate change in accordance with this Act and the National Climate Change Policy; "loss and danage" means the negative effects of climate variability and climate change that people have not been able to cope with or adapt to; Act Natiorul Climote Clwnge Act mzl "Minister" means the Minister responsible for climate change matters; "Ministry" means the Ministry responsible for climate change; "mitigation" means efforts that seek to prevent or reduce the increase of atsnospheric greenhousie gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhorse gases; 'hational reference level" means the reference level for emissions in the base line year prescribed under section I l; *private entity" includes a body registered under the Companies Act" 2012 or the Non-Governrnenal Organisations Act, 2016; '?roject proponent" means an individual, a lead agency, or private entity that applies to the Minister for approval to participarc in a climate change mechanism referred to in section 9 of thisAct; "Prot@ol" me,ans the Kyoto Protocol to the Unit€d Nations Framework Convention on Climate Change specified in Schedule 3 to thisAct; *resilience" means the ability of a system and its component parts to absorb, accommodate, or rscover from adverse effects of climate change in a timely and efficient manner through ensuring the preservation, restoration or improvement of the essential basic stnrctures and functions of that system; 'hesponse measures" means policies, programmes and actions that Uganda undertakes, unilaterally or bilaterally, to reduce its greenhouse gas emissions as a comrnitnent under the Conventioru its Protocol and the Agreement; Act National Clinute Clunge Act mzl "Secretariat" means the Secretariat esablished under article 8 of the Convention; "sink" meansany process, activity ormechanism which removes a greenhouse gas, an aerosol or a precursor ofa greenhouse gas from the atmosphere; "targeted greenhouse gases" means carbondioxide (CO2); methane (CH.); ninous oxide (NrO); hydrofluorocarbons (FIFCs); perfluorocarbons (PFCsX sulphur hexafluoride (SF6); Nitogen Trifluoride (NFJ or any other greenhouse gas declared by the Minister in consultation with the Deparfrnent, to be a targeted greenhouse gas; "verification" means the process of establishing the accuracy and validity of reports on wlnerabilities and adaptation to the adveme effects of climate change, climate change financing flows and expenditures, and emissions and removals of targeted greenhouse gases; 'Aerifiet'' means a person who is registered to undertake verification; "rnrlnerability" means the propensity or predisposition to be adversely affected by climarc change. 3. Purpose ofAct The purpose of thisAct is to (a) give the Convention" its Protocol and the Agreement the force of law in Uganda; O) provide a regulatory fraurework for monitoring, reporting and veri$ing the impact of climate change and the implementation of programmes on climate change; (c) enhance Ore ability to adapt to the adverse impacts of climate change, build climate resilience and develop a mechanism for enhancing low greenhouse gas emissions; Act National Climate Clange Act mzl (d) provide for the institutional framework to coordinate, supervise, regulate and manage all activities related to climate change; and (e) provide for climate change financing. 4. Convention, its Protocol and theAgreement to heve force of law in Ugenda (l) The Conventiorl its Protocol and the Agreement set out in Schedules 2,3 and 4 of this Act, respectively shall have the force of law in Uganda. (2) The provisions of the Convention, its Protocol and the Agreement that apply to developed countries are not applicable to Uganda Pnnr II-{LIMATE CHarce RespoNsp MsAsr.rREs 5. FremeworkStratcgr on Climete Change (l) The Department shall, within one year after the commencement of this Act, develop a Framework Strategy on Climate Change for Uganda (2) The Framework Strategy on Climarc Change shall guide Government in planning and budgeting for financing and monitoring of climate change programs and activities. (3) The Departnent shall, in developing the Framework Stategy on Climate Change take into account (a) the available scientific and indigenous knowledge on climarc change; O) the specific resilience and adaptation needs of the wlnerable and marginalised communities; (c) gender and human rights issues; Act National Clirate Clange Act mzl (d) the need to ensure food security; (e) the need to promote sustainable development in Uganda; (0 the loss and damage occasioned by climate change on @osystems, communities and humankind; (g) the status and trends of the human population in Uganda; (h) the requirements of the National Development Plan rclating to climate change; (D the expected outcomes of the implementation of climate change rcsponses and measures; and C) the obligation of Uganda under the Conventiou its Protocol and the Agreement. (a) The Framework Strategy on Climate Change shall (a) spociry the impacts, risks and risk trends ofclimate change and the assessment of the impacts, risks and risk trends; (b) speciry fte mitigation and adaptation priorities to be applied; (c) speciry the measures to be adopted to strengthen rcsilience and to redrcc wlnerability to climate change; (d) spsciry the mechanism for achieving climarc-resilient development and low greenhouse gas emissions, and its financing; (e) identi$themostvulnerableareas,includingtheecosyst€ms and communities without resilience to the impacts of climate change and their variability and extrremes; Act Nattorul Climate Clange Act m2l (f) identi$ the differential impacts of climate change on gender and the wlnerable and marginalised communities; (g) indicate the research and development programmes to be undertaken for enabling the response to climate change; (h) provide for the education, public awareness and raining in climate change matters, all agencies of Government" and the public; (i) provide for the dissemination of information on climate change; and 0) speciff the plans, policies, programmes and actions of Govemment for responding to climate change. (5) The Framework Strategy on Climate Change shall be reviewed every five years or earlier as may be deemed necessary. 5. Netionel Climatc ChangcAction Plen (l) The Department shall, within one year after the commencement of this Act and in accordance with the Framework Strategy on Climate Change, develop a National Climate Change Action Plan. (2) The Climate ChangeAction Plan shall indicat+ (a) the actions to be undertaken to assess and manage the impacts, risks, risk tends and wlnerability to climate change; (b) the responses, measurps and actions to be undertaken for achieving adaptation to and mitigation of climate change; (c) the measurcs and actions to be undertaken to conserve and enhance sinks and reservoirs ofgreenlrouse gases; Act Nattonal Clirute Change Act mzl (d) the specific resilience, mitigation and adaptation measures, responses and actions to be adopted for ecosystems, gender matters, the wlnerable and marginalised communities and for the variability and extremes of climate change; and (e) the actions for building resilience to climate change. (3) The National Climarc ChangeAction Plan shall be reviewed every five years or earlier as may be deemed necessary. 7. Lead Agency Climete Change Action Plan (l) A lead agency shall, in conformity with the National Climate Change Action Plan and Framework Snategy on Climate Change, prepare al*dAgency Climate Change Action Plan. (2) Ttre l,ead Agency Clfunate Change Action Plan shall indicatr (a) an assessment and management of risk and wlnerability; O) an identification of greenhouse gas mitigation potentials; and (c) options and prioritisation of appropriate adaptation measures for joint projects of national and locd governments. (3) The Lead Agency Climate Change Action Plan referred to in sub section (l) shall be reviewed every five years or earlier as may be deemed necessary. t District Clinete ChengeAction Plrn (l) Each disrict in Uganda shall develop a Disnid Climate Change Action Plaq within one year after the development of the National Climate Change Action Plan. Act (a) include an assessment of the curent and predicted impact of climate change on the area under the jurisdiction of the district; (b) include an assessment of the wlnerability impact and the risk of climate change on the areas under the jurisdiction of the district; (c) include a statement of the strategies, policies and actions for adaptation to and mitigation of climate change; (d) identiS the actions to be trndertaken by the disnict to build resilience to climate change; and (e) indicate the strategy to be adopted to undertake capacity building for the staffof the disnict and other stakeholders engaged in climate change related activities. (3) A Distict Climarc Change Action Plan shall apply to the whole disnict or to any part of a distict and a district may develop different action plans to apply to differcnt parts of the disrict. (a) The District Climate Change Action Plan refened to in subsection (l) shall be consistent with the Framework Strategy on Climarc Change referred to in section 5 and the National Climate Change Action Plan refened to in section 6. (5) The Distict Climarc Change Action Plan shall be reviewed every five years or earlier as may be deemed necessary. (6) A district shall furnish the Departrnent with a copy of is District Climate ChangeAction Plan and all subsequent amendments, modifications and revisions, within one month after their adoption. National Climate Clange Act (2) Adistict climate change action plan shall m2t Act 9. National Climate Clwnge Act Pnnr III{LIMArE CHaNoe MrcHnNsprs m2t Participation in climate chenge mechanisms (l) The climate change mechanisms arF (a) compliance emissioru uading mechanisms; O) voluntary emissions fading mechanisms; (c) non-market approaches referred to in article 6 of the Agreement; (d) cooperative approaches referred to in article 6 of the Agreement; and (e) any other climate change mechanism as may be prescribed by regulations. (2) A project proponent may, with the approval of the Minister, benefit from or participarc in a climate change mechanism. (3) The Departnent shall, as may be prescribed by regulations made under this Act, monitor the participation of a project proponent in a climate change mechanism for conformity to the conditions of approval or any requirement of this Act and submit a rcport to the Minister. (a) The Minister man by statutory instrument, make regulations prescribing (a) the procedure for approval for participation in a climate change mechanism; (b) the form of the register for approvals granted to project proponents; and (c) the ownership of emissions reduction units and certified emission reductions as benefits arising from participating in a climate change mechanism. Act National Climue Change Act Pnnr IV-Mses[JRrNc op EmssroNs, Rnonrntc nxo VenrtcATIoN oF lNponMrcf,rol.r m2t 10. Meesurement of emissions (l) For purposes of the national inventory referred to in section l3(l), the targeted greenhouse gas emissions, the reductions of those targeted greenhouse gas emissions and the removal of the targeted greenhouse gases from the aunosphere shall be measured or calcularcd in tonnes of carbondioxide equivalent. (2) The amount of greenhouse gas emissions and the removal of greenhouse gases for a period shall be determined every two years in accordance with the internationally acceptable reporting practice under the Conventioru its hotocol and theAgreement. (3) The net emissions for the period, in relation to the targeted greenhouse gas, msans the amount of emissions of that gas for the perio{ reduced by the amount of removals of that gas for that period. (a) The measurements of the national reference level, the taryets, emissions, removals and net emissions shall indicate the different measurements of each lead agency in the national inventory rcfened to in soction l3(l). (5) A lead agency shall develop a baseline of carbondioxide and other targeted greenhouse gas emissions. (6) The Minister shall, by rcgulations, prescribe the standard format, requirements and methodologies for measurement ofemissions and removals of the targeted greenhouse gases. ll. Netionet rcfercnce level (l) The Minister shall, in consultation with the Committee, prescribe the national basc year, reference level and targets for the reduction of greenhouse gas emissions for each year, including targets for each lead agency. Act Notiorul Climote Clange Act mzl (2) The Minister may revise the national reference level from time to time as the Minister may deem necessary. (3) The Minister shall cause to be published the national reference level in the Gazette. 12. Netionel reporting (l) For purposes of complying with article l3 of the Convention, article 8 of the Protocol and article 14 of the Agreement" the Commissioner shall causc to be prepared and delivered to the Committee for its review annualln the national communication report and such other reports as may be required to be submitted to the Secretariat, from time to time. (2) The Comminee shall review the national communication report and such other reports and if satisfied with the reports, recommend to the Minister to sign and cause the reports to be forwarded to the Secrctariat in the discharge of the national obligations under the Convention, its Protocol and the Agreement. (3) The Minister shall, annually, lay before Parliament all the reports referred to in this section. 13. Verificetion of deta end inforuetion (l) All information and reports submined to the Department by lead agencies, individuals and private entities in accordance with this Act and the national inventory of emissions of carbondioxide and other greenhouse gases into the atrnosphere or of the removals of carbondioxide and other greenhouse gasies from the atrnosphere in Uganda shall be verified by registered verifiers. (2) Aperson who intends to conduct verification shall apply to the Commissioner to be registered as a verifier. Act Nutorul Climue Clange Act mzl (3) The information referred to in subsection (l) includes (a) information on mitigation, rrulnerabilities and adaptation to the impacts of climate change; O) information on climate change financing flows and expenditures; and (c) information on emissions and removals of targeted greenhouse gases. (a) A person whe (a) not being registered as a verifier, makes a verification or any oral or written statement that appears to comprise a verification or rejection of informatiou a report or national inventory refened to in this section; or O) gives a misleading or wrong oral or written statement comprising of a verification or rejection of information or a report; commits an offence and is liable on conviction, to a fine not exceeding forty eight curency points or 3o a term of imprisonment not exceeding two years, or both. (5) The Minister may, by regulations, prescribe the requirements, the procedure for rcgistation and the fees payable for registration by a verifier. Penr V-INsrrrurroNAL ARRANGEMENTs 14. Depertment rccponsible for climrte chenge (l) The Departnent shall (a) ensrre that Uganda meets her obligations and rcalises her benefits under the Conventioru its hotocol and the Agreement; and i)r\ii l-l ." ii i Pi) i:."'l * /rCC NO ]:.I,1'{'l'll:"i''" ,.t;,, A..i,i'-.iLA 2 6 Ailr{ LJ; I Al-L No: ... * Act National Climate Clwnge Act m2l O) coordinate, monitor and evaluate Government programmes and actions of Government on climate change. (2) In the performance of its functions under subsection (l), the Departrnent shall (a) assess adaptation and mitigation actions of lead agencies, individuals and private entities to identifr potential synergies and develop co-benefits to guide national prioritisation of climate change actions; O) promote the development application and diffisioru including transfer of technologies, practices and processes that control, rcduce or prevent anthropogenic emissions of greenhouse gases in all relevant sectors; (c) serve as the national knowledge and information management cenfie for collating, verifring, refining, and disseminating knowledge and information on climate change; (d) promote multi stakeholder participation and public participation in developing adequate responses to climate change and its adverse effects; (e) provide distics with technical assistance and information in support of District Climate Change Action Plans; (0 incollaborationwithleadagencies, individu,alsandprivate entities, develop a mechanism te (D enhance low greenhouse gas emission and green growth development and coordinate related measur€ment of, reporting on, and verification of emissions; (ii) build resilience to climarc change and enhance adaptive capacity; Act National Climate Clange Act zfill (iiD optimise the opportunities of Uganda to mobilise climate change finance; (iv) assess climate risk in relation to the human systems and identiff appropriate options for mitigation and adaptation to climate change; and (v) enhance educational and public awareness, communication and outeach progammes on climate change and its adverse effects. (g) implement the policies and decisions of the Committee; (h) establish and maintain a relationship with national, regional and international organisations, instinrtions and agencies as may be appropriate for the implementation of this Act and the National Climate Change Policy; (i) prepare, communicate and maintain successive nationally determined conEibutions that Uganda intends to achieve as required by article 4 of the Agreement; and a national inventory of anttuopogenic emissions by sources and removals by sinks of all greenhouse gases; and 0) perform any other activity necessary to facilitate the discharge of its function. 15. Policy Committec on Envinonment The Policy Committee on Environment established under the National Environment Act, 2019 shall, for the purposes of this Act (a) advise the Departnrent and lead agencies on the implementation of this Act and the National Climate Change Policy; (b) make policies and decisions for implementation by the Departrnent as provided for under section la(2Xg); Act National Cltrrute Clwnge Act mzl (c) receive and review the biennial report on climate change prepared by the Department and, where necessary, make recommendations to the Deparfrnent; and (d) review the reports referred to in section 12 for purposes of compliance with international obligations. 16. Nationel Climate Chenge Advisory Committee (l) The Minister shall constitute a National Climate Change Advisory Committee comprised of technical experts from the fields of (a) energJ and minerals, environment and natural resources, works and transport, science and technology, agnculture or any other relevant field as may be determined by the Minister; and (b) four other persons from the National Planning Authority, academi4 private sector and civil society. (2) At leastone thirdofthe members constitutingthe National Climate Change Advisory Committee shall be women. (3) The National Climate Change Advisory Committee shall provide independent technical advice to the Committee and the Minister on climate change science, rcchnologies, interventional programs on climate change and best practices for risk assessment, enhancement of the adaptive capacity to potential impacs of climarc change and establishment and achievement of the set taryets. (4) In execution of its mandate, the National Climarc Change Advisory Commitrce shall (a) advise on assessments of climate change impacts at the sectoral level for given priorities identified in the climate change programs; i'Af.l:,1,',ivli':i':'i !- ! i.,U- :iY P(.\ .:i'A / I ia n.\l",i".LA * ? h ntjf; i,l. t * ACC Nt tl CALL N() Act National Climote Clwnge Act Xnl O) advise on the identification of priorities and stategies for adaptation and mitigation programs; (c) advise on the technical implementation of climate change programs and initiatives; (d) analyse climate change impacts and implications on the environment, agriculture, land use, fisheries and other sectors; (e) advise on appropriate policies, laws and measures for effective implementation of adapation and mitigation; and (0 advise on new developments and technologies and anticipate emerging developments and trends in climate change research. (5) The Departnent shall be the administrative office of the National Climate Change Advisory Committee. (6) The Minister shall designate the chairperson of the National Climate Change Advisory Committee. (7) The National Climate Change Advisory Committee shall meet at least fonr times a year. 17. Lcad agencics (l) There shall be, for the purposes of this Act, lead agencies which shall establish mitigation, adaptation and compatibility standards, measurcs and pcrformance levels for responding to the climate change mattqs which relate to the mandate of the respective lead agencies. (2) A lead agency shall, in relation to its mandate, establish measures to Act National Clilnate Clange Act m2l (a) reduce the vulnerability of the fragile ecosystems, communities and concemed persons to the adverse effects of climate change; O) build economic and social resilience to climate change for the fragile ecosystems, communities and concerned persons by (D undertaking rnrlnerability and impact assessments including baselines of rnrlnerability and risk, adaptive capacity, technology needs, gender and human rights, to inform decision making on adaptation; (iD promoting diversification to reduce overdependence on resources that are sensitive to climate; (iiD establishingalternative livelihoods systemsamongst the most rnrlnerable communities; (iv) enhancing adaptive capacities of communities and fragile ecosystems; and (v) establishing social protection tools for disaster risk reduction and climate change adaptation. (c) enhance development and dissemination of technology for climate change adaptation; and (d) dlocate financial resources for climate change resilient investnents. (3) A lead agency shall designate a unit to coordinate the mainstreaming of the climate change action plans and other climate change statutory fiurctions. (4) The unit designated by a lead agency shall be adequately resourced. Act National Climate Clange Act mzl (5) For the purposes of establishing measures, standards and performance levels, a lead agency shall conduct public consultations using the procedure prescribed by regulations made by the Minisrcr under this Act. (6) In the performance of irc finctions, a lead agency shall have the power to request for data or any other information from a private entity or an individual that carries on an activity regulated by that lead agency. (7) Aperson who contravenes or fails to comply with or causes or allows any person to contravene or to fail to comply with this section commits an offence and is liable, on convictiorU to a fine not exceeding five thousand currency points or to a term of imprisonment not exceeding five years, or both. (8) Where an offence referred to in subsection (7) is committed by a private entity, a director, secretary or any other person in a position of control in that private entity shall be deemed to have commined the offence together with the private entity. fE. District department rcsponsible forclimete change ( I ) The Natural Resources Department of a district is designated as the department responsible for climate change matters in the district. (2) For purposes of this Act, the Natural Resources Departnent shall be responsible for the implementation of the District Climate Change Action Plan an4 in particular shall (a) liaise with the Departrnent an{ where applicable, with the District Environment and Natural Resouces Committee and the lower local governments climate change committees on all matters relating to climate change; (b) promote awareness and literacy on climate change; Act Natiorul Climate Clwnge Act 2ll2l (c) provide technical assistance to the District Environment and Natural Resources Committee and the lower local govenunents climate change committees, where applicable, in the performance of their functions as provided for in thisAct; (d) keep a record of information on climate change and serve as the secretariat to the Distict Environment and Natural Resources Committee and the lower local govemment climate change committees, where applicable; (e) participate in the development ofordinances and bye-laws relating to climate change in the district; (0 monitor compliance with this Act and r€port to the Departrnent; G) coordinate with the Departnent thnough the Ministry responsible for local governments, on the issues relating to climate change in the district; O) prepare and submitanannual report onthe implementation of the Distict Climate Change Action Plan to the District Environment and Natural Resources Committee for review; and (i) do any other thing incidental to the performance of the functions in this section. 19. District committec necponcible forclinete chenge (l) The District Environment and Natural Resources C.ommittee established under section 27 of the National EnvironmentAct, 2019 is designarcd as the Committee responsible for climarc change maners in the disrict. Act National Climate Clange Act mzl (2) For the purposes of this Act, the District Environment and Natural Resources Committee is responsible for (a) integratingclimate change matters withinthe development plans, projects and budgets of the distict for approval by the district council; O) coordinating the activities relating to climate change that are common to more than one s@tor within the district; (c) providing assistance in the development and formulation of ordinances and byelaws relating to climate change in the district; (d) disseminating information on climate change through education and outreach programmes; (e) coordinating with the District Natural Resources Departrnent on all issues relating to climate change within the distict; (0 coordinating the activities of lower local govemment environment committees on matters of climate change; and (g) monitoring and evaluating the implementation of climate change activities within the disnict. 20. Lower locel government committecs rcsponsible for climate chengc (l) A local government shall, on the advice of the District Environment and Natural Resources Committee, appoint lower local government climate change commifrees responsible for climate change in their local jurisdictions. (2) For the purposes of this Acq the lower local governments climate change committees shall be responsible for Act National Climate Clunge Act m2l (a) the implementation of the District Climate Change Action Plan at the municipal, town, division, county, sub-county, parish and village levels, as the case may be; (b) preparing work plans for climate change adaptation and mitigation activities within their local jurisdictions for purpos€s of implementing the District Climate Change Action Plan; (c) conducting education and awareness campaigns on climate change within their local jurisdiction; (d) mobilising the people within their local jurisdiction to implement climate change adaptation and mitigation measures and actions; (e) monitoring and evaluating of climate change risks, adaptation and mitigation activities within their local jurisdiction; (0 reporting any events or activities which negatively affect or are likely to negatively affect the implementation of climate change adaptation and mitigation actions and measures; and (g) carrying out such other duties as may be prescribed by the distict council or urban council in consultation with the District Natural Resources Deparfnent. Penr VI-FINAl.rcrNc 21. Financing forclinete chenge (l) The Minister rcsponsible for finance shall, in consultation with the Minister, provide for climarc change financing, taking into account (a) viableclimatechangefinancingmechanismsatthenational level; and Act Natiotul Clinate Change Act O) international climate change financing referred to in article 9 of the Agreement. mzt mechanisms (2) The financing shall be for purposes of (a) researctr" data collection on climate change and systematic observation of climate change, taking into account the need to minimize duplication of effort; (b) financing projects for implementation of climate change actions and measures, including specific technologies, materials, equipment, techniques or practices necessary to implement such projects; and (c) providing grants, loans and incentives to individuals, private entities and local governrnents for climate change research and innovation in industry, technology, science, academia and policy formulation. (3) The Minister, in consultation with the Minister responsible for finance shall, by statutory instnrment, make regulations setting out procedr.ues for accessing the financing referred to in this section. 22. Incentives for climate change actions ( I ) The Minister, in consultation with the Minister rcsponsible for finance, may provide incentives to persons engaged in implementing response measures for adapation and mitigation. (2) The Minister shall, for the purposes of subsection (l), make regulations prescribing the natue of incentives, the conditions for the grant or withdrawal of incentives and such other matters related to incentives, as may be necessary for the exercise of the power confened under subsection (l). Pnnr VII-MrscELLANEous 23. Dutics of privete entitics rnd individuels The Minister shall make regulations prescribing Act Natiorul Climate Clange Act (a) climate change obligations on private individuals; mzt entities, and O) activities for which private entities, and individuals shall be required to prepare mitigation and adaptation plans; (c) the nature and procedure for reporting on the performance of private entities and individuals with regard to the obligations imposed by the Minister under this section; and (d) mechanisms for monitoring and evaluating compliance with theAct. 24. Confidentielity (l) fu authorised officer shall not disclose to any individual or private entity any information acquired by the authorised officer in the course of official duties relating to the financial affairs, plant or equipment of an individual or private entity. (2) The information or data submitted to the Deparrnent or lead agency shall not be used for any purpose other than for the preparation of (a) biennial report refened to in section 27; (b) communication required under article I 3 ofthe Convention; and (c) national communications, biennid reports and biennial update reports required under article l3 of the Agreement. (3) A person who contravenes subsection (l) or (2) commits an offence and is liable, on conviction, to a fine not exceeding one thousand curency points or to a term of imprisonment not exceeding four years, or both. Act Natiorul Clhrute Clwnge Act mzl (4) Subsection (l) does not apply to a disclosure made by an authorised officer where the disclosure (a) is done in the course of carrying out his or her official duties; O) is authorised by the person to whom the duty of confi dentiality is owed; (c) is authorised by law; or (d) is required by a court or other laurfully constituted authority. 25. Indcmnity fiom personel liability (l) The Minister, the Commissioner or an authorised officer shall not be personally liable in respect of any act done in good faith in the exercise ofthe poweni or in the performance of the functions under thisAct. (2) Subsection ( I ) shall not relieve the Govemrnent ofthe liability to pay compensation or damages to any person for any injury, loss of property or interests caused by the exercise of any power confened by this Act or by the failure or omissioq wholly or partially of the Minister, the Commissioner or an authorised officer to act. 26. Litigation on climete change (l) A person may apply to the High Court for relief against the Government, an individual or a private entity whose action or omission threatens or is likely to threaten efforts towards adaptation to or mitigation of climate change. (2) The High Court may, in addition to any other orders it may deem appropriate, makc orders te (a) prcvent" stop or discontinue the act or omission that is the subject of the application; Act National Climate Clange Act m2l (b) compel the Departrrent, lead agency or any person to take measures to reverse the act or perform the act that was omitted; or (c) provide compensation to a person that has suffered loss or damage as a result of the act or omission. (3) A person may apply to the High Court under subsection (l) nonrrithstanding that that person cannot prove that the act or omission of the Department, lead agency, individual or private entity has caused or is likely to cause personal harm or injury to that person or any other person. 27. Bienniel rcport (l) The Department shall submit a biennial report on climate change to the Minister who shall submit it to Cabinet for consideration and approval by 306 September of the year immediately following the year in which the report is due. (2) The Cabinet man after consideration of the biennial report on climate change, direct the Minister to require any person or lead agency that has not complied with any directive of the Department to comply with the directive. (3) The Minister shall, upon approval of the biennial report on climate change by Cabinet, lay it before Parliament. (4) Parliament shall, witttin three months after receiving the biennial report on climate change, make recommendations to the Minister. (5) The report shall be disseminated to the public. (6)Aperson who fails to comply with the Minister's directive in subsection (2) commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or a term of imprisonment not exceeding one year, or both. Act National Clinute Clwnge Act 2021 2t. Reporting by lead agcncies (l) A lead agency shall. every year, submit to the Department a report on the status of implementation of the standards, measures and performance levels for responding to climate change as established by the respective lead agencies. (2) Where the report of a lead agency discloses unsatisfactory performance, the Departrnent shall, within forty five days of receipf undertake investigations and report its findings to the Minister. 29. Integretion of climate change into the curriculum The Ministry responsible for education shall ensure that climate change education and research are integrated into the national curriculum. 30. Amendment of the Public Finance Menegement Act, 2015 The Public Finance Management Act, 2015 is amended in section 9 by (a) inserting in subsection (l), immediately after the word "development" the words *climate change,"; and (b) inserting immediately after subsection (6) the following *(6a) The Minister shall, in consultation with the Chairperson of the National Planning Authority, issue a certificarc certi$ing that the Budget Framework Paper is climate change responsive and contains adequate allocation for funding climate change measures and actions. (6b) The Minister and the Chairperson of the National PlanningAuthority shall evaluate all votes of the Budget Frasrework Paper before issuing the certificate rcferred to in subsection (6a)." Act Notional Clinate Clange Act mzl 31. Reguletions (l)The Ministermay, by statutory instrument, make regulations for the better carrying into effect of the provisions of this Act. (2) Wittrout prejudice to the general effect of subsection (l), the Minister may make regulations for (a) the procedure and criteria for participation in climate change mechanisms; (b) (c) (d) (e) (0 reporting by lead agencies on the implementation of standards, measures and performance levels for responding to climate change. (3) Regulations made under this section may prescribe, in respect of a contravention of the regulations (a) a penalty not exceeding five hundred currency points or imprisonment not excceding two years, or both; (b) in the case of a continuing contravention, an additional penalty not exceeding ten curency points in respect of each day or part of a day on which the offence continues; or (c) that ttre court may require the forfeiture of anything used in the commission of the offence. l'Aiil. !.''..i:)i"t':' l, i'.i t,O E, '4 / | i t,. ^.rlrri,.tLA levies or fees to be paid by any project proponent; the procedures and modalities for measurement of emissions and removals of greenhouse gases for the national inventory; information to be included in the biennial reporq prescribing forms; and * ,'.C..' \r' CALL N.r 2 F nUI; iJ. I t tr' i I i I i { Act Natiotul Climate Clange Act SCIIEDULE I mzt Section 2 Currency Point A currency point is equivalent to twenty thousand shillings. a a Act Natiorul Climate Clange Act SCIIEDIILE 2 m2t Seabn 1 United Nedons Frrmework Convention on Climete Change 1992 The Parties to this Convention AcknowledSing that change in the Earth's climate and its adverse effects ar€ a common soncern of humankin4 Concerned that human activities have been substantially increasing the atnospheric concentrations of greenhouse gases, that these increases enhance the natural greenhouse effect, and that tlris will result on average in an additional warming of the Eafth's surface and atnosphere and may adversely affect natural ecosystems and humankin4 Noting that the largest share ofhistorical and cunent globd emissions of greenhouse gases has originatcd in developed countries, that per capia 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 n@ds, Aware ofthe role and importance in tenestrial and marine ecosystems of sinks and reservoim of greenhouse gases, NotinS that there are many uncertainties in predictions of climate change, particularly with regard to the timing magrritude and regional patterns thereof, AcknowledginS that the global nature of climarc change calls for tlre widest possible cooperation by all countries and their participation in an effective and appropriatc intcrnational responsc, in accordance with their oommon but differentiatod responsibilities and respoctive capabilities and their social and economic conditions, Recalling the pertinent provisions of the Declaration of the United Nations Conference on the Human Environmeng adopted at Stockholm on 16lurnre 1972, Act National Climate Clange Act mzl Recalling also that Sates have, in accordance with the Charter of the United Nations and tlre principles of international law, the sovereign right to exploit their own resourses pursuant to their own environmental and developmenal policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other Sates or of areas beyond the limits of national jurisdiction, Reaffirming the principle of sovereignty of Stares in international cooperation to address climate change, Recognizing $at Statcs should enact effective environmental legislation, that environmental standards, management objectives and priorities should rerflect 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 0re provisions of General assembly rcsolution tAD2t of 22 Drr*lrntpr l9t9 on dre Unit€d Nations Conference on Environment and Developmen! and resolrtions 43153 of 6 Dec€mb€r 198E, 4P,2:07 of 22 Docenrber l989,45Dl2of2l Docember 1990and 461169of 19 December l99l on protection of global climate for prcsent and futurc ganerations of mankin4 Recalling also the provisions of General Assembly resolution 44,1206 of 22 Der*mber l9t9 on 0rc possible adverse effects of sea-level rise on islands and coastal areasr particularly low-lying coasal areas and the pertinent provisions of General Assembly resolution 441172 of 19 December l9t9 on the implementation ofthe Plan ofAction to Combat Desertificatioru Recalling further the Vienna Convention for the hotection of the Ozone layer, 19t5, and 0re Montneal Protocol on Substances that Deplerc the Ozone Layer, 19t7, as adjusted and amended on 29 June 1990, Noting the Ministerial Doclaration of the Second World Climate Conferpnce adopted on 7 November 1990, Conscious of the valuable andyical work being conducted by many Statcs on climate change and of the important contibutions of the World Act Natiorul Clinute Clunge Act 2021 Meteorological Organizatioru the United Nations Environment Programme and other organs, organizations and bodies of the United Nations system, as well as other international and intergovemmental bodies, to the exchange of results of scientific research and the coordination of research, RecoSnizinS 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 climare change can be justified economically in their own right and can also help in solving other environmental problons, Recognizing also the need for developed countries to ake immediarc action in a flexible manner on the basis of clear priorities, as a first srcp towards comprehensive response strategies at the global, national and, wherc agreed, regional levels that take into account all greenhouse gases, with due consideration of their relative contributions to the enhanc.ement 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 arc panicularly vulnerable to the adverse effects of climate change, Recognizing the special difficulties of tlrose countries, especially developing countries, whose economies are particularly dependent on fossil firel production, use and exportation, as a consequence of action taken on limiting greenhousc gas emissionq Affirming that tesponses to climate change should be coordinated with social and economic development in an integratcd manner with a view to avoiding adverse impacts on the latter, taking into full account the legitimatc priority needs of developing countrie for tlre achievement of sustained oconomic growth and the eradication of poverty, Act National Clirrute Clwnge Act m2l Recognizing that all countries, especially developing countries, need access to r€sources required to achieve sustainable social and economic development and that, in order for developing countries to progress towards that goal, tlreir enerry consumption will need to grow taking into account the possibilities for achieving greater enerry 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 climarc system for present and future generations, Have aerped as follows: ARTICLE T DEFINITIONS ' For the purposes of this Convention: "Adverse effects of climate change" means changes in the physical environment or biota resulting from climate change which have significant delercrious effects on the composition, resilience or productivity of nanrral and managed ecosystcms or on the operation of socio,economic systems oron human health and welfare. '€limatc change" means a change of climate which is arributed dircctly or indirectly to human activity 0rat alters the composition of 0re global atmospherc and which is in addition to natural climate variability obsewed over comparable time periods. '€limate system" means the totality of the atsnosphere, hydrosphere, biospherc and geospherc and tlreir interactions. "Emissions" means dre release of greenhouse gascs and/or their precursors into the atnosphere over a specified atra and period of time. I 2. 3 4. Act 5 Natiotul Climote Change Act mzl "Grcenhouse gases" means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation. "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 authorize( in accordance wi0r its internal procedures, to sigrl ratify, accept, approve or accede to the instruments concerned. *Resewoir" means a component or components of the climate system where a greenhouse gas or a precursor ofa greenhouse gas is stored. "Sir*" moans any process, activity or mechanism which removes a greenhouse 96, 8n aerosol or a pruclrlsor of a greenhouse gas from the atmosphere. "Source" means any proccss or activity which releases a greenhouse gas, an aerosol or a precursorofa greenhouse gas into the atrnosphere. ARTICLE 2 OB.TECTTVE The ultimate objective of this Convention and any related legal instruments that the Conferencc of the Parties may adopt is to achieve, in accordance with the relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the aErosphere at a level that would prevent dangerous anthropogenic interfercnce with the climate system. Such a level should be achieved within a time-frune sufhcient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not thrcatened and to enable economic development to proce€d in a sustainable manner. 6. 7 t. 9, Act Nuiottol Clhrute Change Act ARTICLE 3 mzt I 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: The Parties should protect tlre 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 respoctive capabi lities. Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof. 2. The spocific needs and special circumstances of developing country Partieg especially those that are particularly vulnerable to the adverse effects of climate change, and of those Parties, espocially developing country Parties, that would have to bear a disproportionate or abnormal burden under the Convention, should be given frrll consideration. The Panies should take precautionary measur€s to anticipatg prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are thrcats 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 benefis at the lowest possible cost. To achieve this, such policies and measures should take into account different socio-economic contex6, be comprehensive, cover all relevant sounees, sinks and rpservoirs of grecnhouse gases and adaptation, and comprise all economic sectors. Efforts to address climate change may be carried out cooperatively by interested Parties. The Parties have a right to, and shoul4 promote susainable development Policies and measures to protect the climate system against human-induccd churge should be appropriatc for the specific 3 4. Act Natiorul Climate Clwnge Act mzl conditions of each Party and should be integrated with national development programmes, taking into account that economic development is essential for adopting measunes to address climate change. The Parties should cooperate to promote a supportive and open international economic system thatwould lead to susainableeconomic growth and development in all Parties, particularly developingcountry Parties, thus enabling them better to address the problems of climate change. Measures taken to combat climate changg including unilateral ones, should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. ARTICLE 4 COMI}IITMENTS All Parties, taking into account their common but differentiated responsibilities and their spocific national and regional development priorities, objectives and circumsances, shall : (a) Develop, periodically update, publish and make available to dre Conference of dre 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 Monoeal 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 programmes containing measur€s to mitigare climate change by addressing anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Monreal Protocol, and measures to facilitate adequate adaptation to climate change; (c) Promote and cooperate in the development, application and diftrsion, including trans r, of technologies, practices and processes that contnol, reduce or prcvent anthropogenic emissions of greenhouse gases not controlled by the Montneal 5 Act National Climate Clange Act mzl Protocol in all relevant sectors, including the enerry, transpo( 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 confolled by ttrc Monr,eal Protocol, including biomass, forests and oceans as well as other terrestrial, coastal and marine ecosystems; (e) Cooperarc in preparing for adaptation to the impacts of climate change; develop and elaborate appropriate and integrated plans for coasbl zone management, water resources and agriculture, and for the protection and rehabiliation of areas, particularly in Africa, affected by drought and desertification, as well as floods; (0 Tirke 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 tlre economy, on public health and on the quality ofthe environment, of projects or measures undertaken by them to mitigate or adapt to climate change; (g) Promote and cooperate in scientifig rcchnological, technical, socio-economic and other researclr, systematic observation and development of data archives related to 0re climate system and intended to further the understanding and to reduc.e or eliminate the rernaining uncertainties reganding the ciauses, effectq magniude and timing of climate change and the economic and social consequcnoes 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 climare systern and climate change, and to dre economic and social consequences of various response strategies; 2. Act National Climate Clange Act mZl (i) Promote and cooperate in education, training and public awaneness related to climate change and encourage the widest participation in this process, including that of non-governmental organizations; and 0) Communicate to the Conference of the Parties information related to implernentation, in accordance with Article 12. 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 nationall 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 modifiing longer term tnends in anthropogenic emissions consistent with the objective of the Conventiorl recognizing that the retum by the end of the present decade to earlier levels of anthropogenic emissions of carbondioxide and other greenhouse gases not conholled by the Monreal Protocol would contribute to such modificatiorU and taking into account the differences in these Parties' starting points and approaches, oconomic structures and resourcp bases, the neod to maintain shong and sustainable economic grofih, available technologies and other individual circumstanceq as well as the need forequitable and appropriate contributions by each of 0rese Parties to the global effort regarding that objective. These Parties may implement such policies and measures jointly with other Parties and may assist other Panies in contributing to the achievement of the objective of the Convention an4 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 Articlc 12, detailed information on its policies mit i*f,ra- p"ficics aod m{rrcs.doFGd by Eirilt cmflth iDtcgrioo a orldtlil. .t I lit' a-.ii,i-,rLA F nt.r. ii. t * l: /t'.lt !.".' I p,r a. I i* 1t' i.'rCr-' .,,.1:... t:r\t.t li\r: Act National Climote Clange Act mzl and measur€s referred to in subparagraph (a) above, as well as on is resulting projected anthropogenic emissions by sources and removals by sinks of greenhouse gases not contolled by tre Montneal hotocol for the perid refened to in subparagraph (a), with the aim of returning individually or jointly to their 1990 levels these anthropogenic emissions of carbondioxide and other greenhouse gases not controlled by the Montneal Protocol. This information will be reviewed by the Conference of the Partieq at its first session and periodically thereafter, in accordance with Article 7; (c) Calculations of emissions by sources and removals by sinls of geenhorrse gase for the purposes of ubparagraph O) above shonld take into aocount Ure b€sf available scientific knowledge, including of the effective capacity of sinks and the respective conuibutions of such gases to climarc change. The Conference of the Panies strall consider and agree on medrodologies for tlrese calculations at its fir* session and review them regularly fiereafter; (d) The Conferpnce of the Parties shall, at its first session, rpview ttre adequacy ofsubparagraphs (a) and (b) above. Such review shall be caried out in the light of the best available scientific information and assessment on climate change and its irpr"B, as well as relevant technical, social and economic information. Bascd on this review, the Conference of the Parties shall ake appropriate actioq which may include the adoption of amendments to the commitnents in subparagraphs (a) and (b) above. The Conference of the Partieg at its first session, shall also take decisions regarding crircria for joint implementation as indicated in subparagraph (a) above. A second review of subparagraphs (a) and (b) shall take placc not later fian 3l December 199t, and thereafter at regular intervals determined by the Confercncc of the Parties, until the objective of the Convention is meq (e) Each of these Parties shall (i) Coordinate as appropriate wittr other such Panies, relevant economic and administrative instruments developed to achievc the objective of the Convention; and Act National Clirrute Clange Act m2l (iD Identifr and periodically review its own policies and practices which encourage activities tlrat lead to greater levels of anthropogenic emissions of greenhouse gases not controlled by the Montneal Protocol than would otherwise occuq (0 The Conference of the Parties shall review, not later tlran 3l Docember 199t, available information with a view to taking decisions regarding such amendments to the lists in Annexes I and I as may be appropriate, with the approval of the Party concerned; (g) Any Party not included in Annex I may, in its instrument of rarificatiorL acccptance, approval or accession, or at any time thereafter, noti$ 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. 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 l. They shall also provide such financial resourccs, including for the transfer of technolory, needed by ttre developing country Parties to meet the a$red firll incremental costs of implementing measures that are covered by paragraph I of this Article and that are agreed benreen a developing country Pany and the international entity or entities refened to in Article t l, 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 imporance of appropriate burden sharing among the develo@ country Parties. The developod country Parties and other developed Parties included in Annex II shall also assist the developing country Parties that are particularly wlnerable to the adverse effects of climate change in meeting costs of adaptation to those adverse effects. The developed country Panies and other developed Parties included in Annex II shall take all practicablc steps to promot€, facilitarc and 3 4. Act Natiorul Clinute Clunge Act mzl finance, as appropriate, the transfer of,, or acoess 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 pr)cess, 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 tcchnologies. In the implementation of theircommitments under paragraph 2 above, a certain degree of flexibility shall be allowed by the Conference of ttre Panies to 0re 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 changg including with regard to the historical level of anthropogenic emissions of greenhouse gases not contnolled by the Montreal Protocol chosen as a reference. The extent to which developing country Parties will effectively implement their commirnents under the Convention will depend on the effective implementation by developed country Parties of their commitments under the Convention related to financial resourccs and trans r of technolory and will take fully into account that economic and social development and poverty eradication are the first and oveniding priorities of the developing country Parties. In the implementation of the commitnents in thisArticle, the Parties shall give full consideration to what actions ar€ necessary under the Convention, including actions related to funding insurancp and the transfer of technolog, to meet the specific neods and concerns of developing country Parties arising from the adverse effects of climate change and/or the impact ofthe implementation of response measunes, especially on: (a) Small island countrics; (b) Countries with low-lying coastal arcas; (c) Countries with arid and scmi-arid at€as, forested areas and areas liable to forcst decay; 5. 6. 7 2 $ Aur' 2l; I * ,/tt.t.t('' Act Natiotul Climate Clange Act m2l Countries with areas prone to natural disasters; Countries with areas liable to drought and desertification; Countries with areas of high urban atmospheric pollution; (d) (e) (f) (e) Countries with areas with fragile ecosystems, including mountainous ocosystems; (h) Countries whose economies are highly dependent on income generatod from the production, processing and export, and/or on consumption of fossil fuels and associated enerry-intensive products; and (i) Land-locked and transit countries. Further, the Confercnce of the Parties may take actions, as appropriate, with r€spect 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 tans rofrcchnolory. 10. The Parties shall, in accordance with Article 10, take into consideration in the implementation of the commitments of the Convention the sinration of Parties, particularly developing country Partieg with economies tlrat are wlnerable to the adverse effecs of the implementation of measurcs to respond to climate change. This applies notably to Parties with economies that arp highly dependent on income generarcd from the production, processing and export, and/or consumption of fossil firels and associated enerry-intensive products and/or the use of fossil fuels for which such Parties have serious difficulties in swirching to altcrnatives. Act National Clirrute Clange Act ARTICLE 5 mzt RESEARCH AND SYSTEMATIC OBSERVATION In carrying out their commitrnents under Article 4, paragraph l(g), the Parties shall: (a) Support and furtlrer develop, as appropriate, international and intergovernmenal programmes and networks or organizations aimed at defining conducting, assessing and financing research, data collection and qystematic observation, taking into account the need to minimize duplication of efforq O) Support international and intergovernmental efforts to stnengthen systematic observation and national scientific and technical research capacities and capabilities, particularly in developing countries, and to promote asc€ss to, and the exchange o[, data and analyses thereof obained from areas beyond national jurisdiction; and (c) Take into account the particular conoerns and needs of developing countries and cooperate in improving their endogenous capacities and capabilities to participate in the efforts refemd to in subparagraphs (a) and (b) above. ARTICLE 6 EDUCAIION, IRAIIYING AND PI'BLIC AWARENESS In carrying out theircommitments underArticle 4, paragraph l(i), the Parties shall: (a) Promote and faciliate at the national and, as appropriate, subregional and rcgional levels, and in accordancc with national laws and regulations, and within their respoctive capacities: (i) The development and implementation of educational and public awareness programmes on climate change and its effects; Act National Cltrrute Clange Act mzl (iD Public access to information on climate change and its effects; (iiD Public participation in addressing climate change and its effects and developing adequate responses; and (iv) Training ofscientific, technical and managerial personnel. (b) Cooperate in and promotg at the international level, and, where appropriate, using existing bodies: (i) The development and exchange of educational and public awaneness material on climate change and its efhcs; and (iD The development and implementation of education and training plogrammes, including the shengthening of national institutions and the exchange or secondment of personnel to train experts in this field, in particular for developing countries. ARTICLE 7 CONEERENCE OF TIIE PARTIES A Conference of tlre Parties is hereby esablished. TheConferenceofthe Partieg as the supreme body ofthisConvention, shall keep under regular review the implementation of the Convention and any related legal instnrments that the Conference of the Parties may adopt, and shall make, within its mandate, the decisions necessary to promote tre effoctive implemenation of the Convention. To this end, it shall (a) Periodically examine the obligations of the Parties and the instiotional arangements under the Convention, in the light of the objective of the Convention, the experience gained in its implemenation and dre evolution of scientific and technological knowledge; 2. I Act Natiorul Climate Clwnge Act m2l O) Promote and facilitate the exchange of information on meiasurEs adopted by the Parties to address climate change and its effects, taking into account ttre differing circumstances, rcsponsibilities and capabilities of the Parties and their respective commitrnents 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 r€spective commitments under the Convention; (d) Pnomote and guide, in accordance with the objective and provisions of the Conventioq the development and periodic refinement ofcomparable methodologies, to bc agreed on by the Conference of the Parties, inter dia 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 nec€ssary for tlre implementation of 0re Convention; (h) Scek to mobilize financial ncsour@s in accordance with Article 4, paragraphs 3, 4 and 5, and Article I l; (i) Esablish such subsidiary bodies as art deemed necessary for the implementation of the Convention; Act Natiotul Clirrute Change Act mzl Review reports submitted by its subsidiary bodies and provide guidance to them; Agree upon and dop,, by consensus, rules of procedure and financial rules for itself and for any subsidiary bodies; Seek and utilize, where appropriate, the servic.es and cooperation o[ and information provided by, competent international organizations and intergovernmental and non governmental bodies; and (m) Exercise such other functions as arc required for the achievement of the objective of the Convention as well as all other firnctions assigned to it under the Convention. 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 mafiers not already covered by decision-making procedures stipulated in the Convention. Such procedur€s may include specified majorities required for 0re adoption of particular decisions. The first session of the Conference of the Parties shall be convened by the interim secretariat referred to in Article 2l 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 ycar unless othenvise decided by the Conference of the Parties. Extraordinary sessions of the Conference of the Parties shall be held at such other times as may bc deemed necessary by the Conference, or at the wrifren request of any Party, provided thag 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. The United Nations, its specialized agencies and the International Atomic Enerry Agency, as well as any State member thereof or observers thereto not Party to the Convention, [ay be represented 0) (k) (l) 3 4 5. 6. 3 Act National Climate Clange Act m2l at sessions of the Conference of the Parties as obseruers. 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 secreariat of its wish to be represented at a s€ssion 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. ARIICLE t SECRETARIAT A secretariat is hereby esablished. The functions of the secretariat shall be: (a) To make arrangements for sessions of dre Conference of the Parties and is subsidiary bodies established under the Convention and to provide them with services as required; (b) To compile and transmit reports submitted to iq (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) fio prepare reports on its activities and present them to the Conference of ttre Parties; (e) To ensure thc necessary coordination witlr the secretariats of other relevant intemational bodies; (f) To enter, under the overall guidancc of the Conference of the Parties, into such administrative and contractual arrangements as may be required for the effective discharge of its funstions; and 2 I Act Natiorul Cltmate Clange Act mll (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 firt session, shall designate a permanent secr€tariat and make arrangemens for its functioning. ARTICLE 9 SUBSIDIARY BODY FOR SCIENTTFIC ANI) TECIINOLOGICALADVICE l. A subsidiary body for scientific and technological advice is hereby established to provide the Conference ofthe Parties and, as appropriatg its other subsidiary bodies with timely information and advice on scientific and technological matrers relating to the Convention. This body shall be open to participation by all Parties and shall be multidisciplinary. It shall comprise govemment representatives competent in the relevant field of expertise. It shall r€port regularly to the Conference of the Parties on all aspects of its work. 2. Under the guidance of the Conferencc 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 is effects; (b) Prepare scientific assessments on the effects of measures taken in the implementation of the Convention; (c) IdentiS innovativg 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) hovide advice on scientific programmeq international cooperation in rescarch and development related to climate change, as well as on ways and mqans of supporting endogenous capacity-building in developing countries; and Act 3. National Climate Clange Act m2l (e) Respond to scientific, technological and methodological questions that the Conferencp ofthe Parties and iS subsidiary bodies may put to the body. The functions and terms of reference of this body may be further elaborated by the Conference of the Parties. ARTICLE IO SIIBSIDIARY BODY FOR IMPLEMENTATION I A subsidiary body for implemenation 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 malters 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 Conferpnce of the Parties, this body shall (a) Consider the information corrmunicated in accordance wittt Article 12, paragraph l, to ass€ss the overall aggregated effect of the steps taken by the Parties in the light ofthe 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, paragnph 2(d); and (c) Assist the Conferencc of the Parties, as appropriate, in the preparation and implementrtion of its decisions. ARTICLE TT FINANCIAL MECHANISM A mechanism for the povision of firuncial rcsoupes on a grant or concpssional basis, including for the transfer of technolory, is hereby t i r i A 'hLr)t:AI!26 2 3 Act 4. Natiorul Climate Clnnge Act mzl defined. It strall function under the guidance ofand be accountable to the Conference ofthe Parties, which shall decide on its policies, progamme priorities and eligibility criteria related to this Convention. Is openation shall be entnrstod to one or mot€ existing international entities. The financial mechanism shall have an equiable and balanced representation of all Parties within a transparent system ofgovemance. The Conference of the Parties and the entity or entities entnrsted with the operation of the financial mechanism shall agree upon arrangements to give effect to the above paragraphs, which shall include $e following: (a) Modalities to ensu€ that the funded projects to address climate change are in conformity with the policies, programme priorities and eligibility criteria established by the Conference of the Parties; (b) Moddities by which a particular frrnding decision may be reconsidered in light ofthese policies, programme priorities and eligibility criteria; (c) Provision by the entity or entities of regular r€ports to the Conference of the Parties on its funding operations, which is consistent with the requirement for accountability sct out in paragraph I above; and (d) Dercrmination in a predicable and identifiable mann€r of 0re amount of ftrnding neccssary and available for the implementation of this Convention and the conditions under which that amount shall bc periodically reviewed. The Conference of the Parties shall make arangements to implement fte above-mentioned provisions at its first session" reviewing and taking into account 0te interim arrangem€nts refened to in Article 21, paragraph 3, and shall decide whethcr thesc intcrim arangernents shall be mainained. Within fouryean thercafter, the Confereirce ofthe Parties shall review the financid mechanism and uke appropriarc measuEs. Act 5 Nationol Climate Clwnge Act mzl The developed country Parties may also provide and developing country Parties avail themselves of, financial rtsourc€s related to the implementation of the Convention through bilateral, regional and other multilarcral channels. ARTICLE T2 COMMI'MCAIION OF INFORM/ITION REII\TED TO IMPLEMENTATION In accordance withArticle 4, paragraph l, each Party shall communicate to the Conference of the Partieq through the secretariaf, 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 Monreal Protocol, to thc extent its capacities permig using comparable methodologies to be promoted and agreed upon by 0re Conference of the Parties; (b) A general description of steps taken or envisaged by tlre Party to implement the Convention; and (c) Any other information that Ore 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 hends. Each developcd 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 0rat it has adopted to implernent its commitment under Article 4, paragraphs 2(a) and 2(b); ana O) A spocific estimate of the effects that the policies and measures refened to in subparagraph (a) immediately above will have 2. 3. 4. 5. Act 6. Natiorul Clilrute Change Act mzl on anthropogenic emissions by its sources and removals by its sinks of greenhouse gases during the period refened to in Article 4, paragraph 2(a). In addition, each developed country Party and each other developed Party included in Annex II shall incorporate detrils of measures taken in accordance wifi Article 4, paragraphs 3, and 5. 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 gascs, as well as an estimate of 0re consequent benefits. 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 tlre Convention for that Parly. 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 offinancial r€sources 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 0ris paragraph. Information communicated by Parties under this Article shall be transmitted by the secr€tariat as soon as possible to the Conference of the Parties and to any subsidiary bodies concerned. If necessary, the procodures for the communication of information may be further considered by the Conferencp of the Parties. From its firct session, the Confercnce 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 identi$ing the technical and financial needs associated with proposcd projects and response measurcs under Article 4. Such support may be provided by other Parties, by competent international organizations and by thc secretariat, as appropriate. 7 Act 8. Natiorul Climate Clwnge Act m2l 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 is individual obligations under the Convention. Information reccived by the secreariat 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 prot€ct is confidentiality beforc 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 Pafiy to make public its communication at any time, the secretariat shall make communications by Parties under this Article publicly available at tlre time tlrey are submitted to the Conference of the Parties. ARTICLE T3 RESOLUTION OF QUESTIONS REGARDING IMPLEMENTATION The Conference of the Parties shall, at its first scssion, consider the esablishment 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 In the event of a disputc benvoen any two or morG Parties concerning the interpretation or application of 0re Convention, the Parties conccrned shall seek a sefilement of the disputc through negotiation or any other peaceful means of their own choice. 2. When rarifring accepting approving or acceding to the Convention, or at any time thereafter, a Party which is not a rcgional economic integration organization may declare in a written instnrment submitted to the Depositary that, in r€spect of any dispute concerning the 9. Act Natiorul Clirrute Chonge Act m2l 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 O) Arbitration in accordance with procedures to be adopted by the Conference of the Parties as soon as practicablg in an annex on arbitration. A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbiration in accordance with the procedures refened to in subparagraph (b) above. 3. A declaration made under paragraph 2 above shall remain in force until it expires in accordance with its tems 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 ofJustice or the arbitral ribunal, 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 benueen them, the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph I above, the dispute shall be submified, at the request of any of the parties to 0re dispute, to conciliation. 6. A conciliarion commission shall be created upon the rcquest 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 choscn jointly by the memberc appointed by each party. The commission shall render a necommendatory awand, which the parties shall consider in good faittr. 7. Additional procedures relating to conciliation shall be adopted by the Conference of the Parties, as soon as practicable, in an annex on conciliation. Act t. Notiorul Climate Chonge Act mzl The provisions ofthisArticle shall apply to any related legal instnrment which the Conference of the Parties may adopf, unless the instnrment provides otherwise. ARTICLE T5 AMEIIDMENTS TO TIIE CONVENTION Any Party may propose amendments to the Convention. 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 communicalod to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secreariat shall also communicate proposed amendments to the signatories to the Convention and, for information, to the Depositary. 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 exhaustc4 and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties pr€sent and voting at ttre meeting. The adopted amendment shall be communicated by the secretariat to the Depositary, who shall circulate it to all Panies for their a$eptance. Instruments of acceptancc 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 ninetiedr day after the dare of reccipt by the Depositary of an instnrment of acceptance by at least three fourths of the Parties to the Convention. The amendment shall enter into force for any other Party on the ninetiah day after the date on which that Pafiy deposits with the Depositary its insilnrment of acceptance ofthe said amendment For the purposes of this Article, "Parties present and voting" meians Parties prescnt and casting an affirmative or negative vote. 2. 3 4. 5. 6. I Act 4. Natiottol Climate Clwnge Act ARTICLE T6 mzt 2. 3 ADOPTION AND A.I}IEITTDMENT OFANNEXDS TO THE COI\TVENTION 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 rcfercnce to any annexes thereto. Mthout prejudice to the provisions ofArticle 14, paragraphs 2(b) and 7, such annexes shall be restricted to lists, forms and any other material of a descriptive natur€ that is of a scientific, technical, procedural or adm inistrative character. Annexes to the Convention shall be proposed and adopted in accordance with the procedure set forth in Article 15, paragraphs 2, 3 and 4. An annex that has been adopte.d in accordance with paragraph 2 above shall enter into forcp for all Parties to the Convention six months after the date ofthe communication by the Depositary to such Parties of the adoption of the annelq exc€pt for those Parties that have notified the Depositary, in writing within 0nt period of their non-acceptancc of the annex. The annex shall enrcr 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. 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. 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. 5. Act Natiorul Climate Clange Act mZl ARTICLE 17 PROTOCOLS The Conference of the Parties may, at any ordinary session, adopt protocols to the Convention. The text ofany proposed protocol shall be communicated to the Parties by the secreariat at least six months before such a session. The requirements for the entry into force of any protocol shall be established by that instnrmenl Only Parties to the Convention may be Parties to a protocol. Docisions under any protocol shall be taken only by the Parties to the protocol conccrned. ARTICLE It RIGET TO VOTE Each Party to the Convention shall have one vot€, except as provided for in paragraph 2 below. Regional economic inrcgration oryanizations, in matters within their competenc€, shall exercise their right 30 vot€ with a number of votes equal to the number of their member Starcs that are Parties to tlre Convention. Such an organization shall not exercise is right to vote if any of its member States exercises its right, and vice vena. ARTICLE T9 DEPOSTTARY The Secretary-General of the United Nations shall be the Depositary of the Convention and of protocols adoptcd in accordance withArticle 17. ARTICLE 20 SIGNATT'RE This Convention shall be open for signature by States Members of the United Nations or of any of its specializcd agencies or that are Parties to the Statute of the Internationd Court of Justicc and by regional economic integration 2. 3 4 5 2. I 2 3 Act Natiorul Clirute Clange Act mzl organizations at Rio de Janeiro, during tlre United Nations Conference on Environment and DevelopmenL and thereafter at United Nations Headquarters in New York from 20 June 1992to 19 June 1993. ARTICLE 2I INTERIM ARRANGEMENTS The secretariat functions referred to inArticle t will be canied out on an interim basis by the socretariat established by the General Assembly of the United Nations in its resolution 45212 of 2l December 1990, until the completion of the first session of the Conference of the Parties. The head of the interim socretariat referred to in paragraph I above will cooperate closely with the Intergovernmental Panel on Climate Change to ensurc that the Panel can respond to the need for objective scientific and technical advice. Other relevant scientific bodies could also be consulted. The Global Environment Facility of the United Nations Development Programme, the United Nations Environment Programme and the International Bank for Reconstruction and Development shall bc the international entity entrusted with the operation of the financial mechanism referred to in Article I I on an interim basis. In this connection, the Global Environment Facility should bc appropriately restruchrred and its membership made universal to enable it to fulfill the requirements ofArticle I l. ARTICLE 22 RATItrICATION, ACCEPTAITCE, APPROVAL OR ACCESSION l. The Convention shall be sub.iect to ratification, acc€ptancc, approval or accession by Starcs and by regional economic integration organizations. It shall be open for accesion from the day afor tre date on which the Convcmtion is closod for signature. Instruments of ratfficatiorU acceptance, approval or accession shall be dcposited wih fte Depositary. Act 2. Nationol Climate Clange Act m2l 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 morc of whose member States is a Party to the Convention, the oryanization and its member SAtes shall decide on their respoctive responsibilities for the performance of their obligations under the Convention. In such cases, 0re organization and the member States shall not be entitled to exercise rights under the Convention concunently. In their instruments of ratification, acceptanoe, approval or a@ession, regional economic integration organizations shall declare the extent of their competence with respect to the mattem governed by the Convention. These oryanizations shall also inform the Depositary, who shall in turn inform the Partieq of any substantial modification in the extent of their competence. ARTICLE 23 ENTRY INTO FORCE The Convention shall enter into force on the ninetieth day after the date of deposit of the fiftieth instnrment of ratification, acceptance, approval or acccssion. For each State or regional economic integration organization that ratifies, acccpts orapproves the Convention oraccedes thereto afterthe deposit of the fiftieth instrument of ratification, acocptanc€, approval or accessioq the Convcntion strall enter into force on the ninetiedr day after 0re darc of deposit by srrch Strte or r€gional economic integration organization of its insnrment of ratificAiorU acoeptance, app,roval or accession. For the purposes of paragraphs I and 2 above, any instrument deposited by a rcgional economic inrcgration organization shall not be counte.d as additional to thosc deposited by Stanes members of the organization. 3. 3. I 2. I 2. 3. Act National Clinate Clange Act ARTICLE 24 RESERVATIONS No reservations may be made to the Convention. ARTICLE 25 WTTHDRAWAL mzt 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. Any such withdrawal shall take effect upon expiry ofone 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. Any Party that withdraws from the Convention shal! be considered as also having withdrawn from any protocol to which it is a Party. ARTICLE 26 AUTIIENTIC TEXTS The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts arc equally authentic, shall be deposited with the Secrctary-General of the United Nations. IN WITNESS WIIEREOF the undersignd being duly authorized to that effect, have signed this Convention. IDONE at New York ftis ninth day of May one thousand nine hundred and ninety-two. Annex I Australia Austria Belarus, Belgium Act Natiorul Clinute Clange Act mzt Bulgaria, Canada Czechoslovakia, Denmark European Economic Community EstoniaJ Finland France Germany Grpece Hungaq/ Iceland Ireland Italy Japan [,atviaY LithuaniaY Luxembourg Naherlands New Zealand Nonvay Pohndr' Porhrgal Romania, Russian Federatiolfl Spain Sweden Switzerland Turkey LrkrainC United Kingdom ofGreat Britain and Northern Ireland United Sates ofAmerica al Coomcstht rc udcrgoqthc poccr of rnsroo io emutaccoromy Act Nuiorul Climate Clunge Act Annex II m2t Australia Austria Belgium Canada Denmark European Econom ic Community Finland Francc Germany Greece Iceland Ireland Italy Japan Luxembourg Netherlands New Zealand Norway Pornrgal Spain Sweden Switzerland Turkey United Kingdom of Great Briain and Northern lreland United States of America i.'AIl.i,lr',.,\it': ;t'l' !,. Lr'' i''\ Dl) lrr rl ,'t,rr h,\,i.t'eLA * ,\CC NL) 2b ntig;.i I t Act Natiorul Clirute Clange Act SCIIEDIILE 3 m2t Seaion 1 Kyoto Protocol to thc United Nations Framework Convention on Climetc Chenge The Prties to this Protocol, Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as "ilre Convention", In pwsuit of the ultimate objective of the Convention as stated in its Article 2, Recalling 0re provisions of the Convention, Being guided by Article 3 of the Convention, Ptrsuotuo the Berlin lvlandate adoprcd by decision l/CP.l of the Conference of the Parties to the Convention at its first session, Have agreed as follows: Article I For the purpos€s of this Protocol, the definitions contained inArticle I ofthe Convention shall apply. In addition: l. '€onference ofthe Parties" means tho Conferpnce of the Parties to the Convention. 2. *Convention" means the United Nations Framework Convention on Climate Change, adopted in New York on 9May 19912. 3. "lntergovernmental Panel on Climate Change" means the Intergovernmental Panel on Climarc Change established in l9tt jointly by he lVorld Maeorological Organization and the United Nations Environment Prog:amme. 4. "Montreal Protocol" means the Montrreal Protocol on Substances that Deplete the Ozone layer, adopted in Montrrea! on 16 September 1987 and as subsequently adjusted and amendcd. 5. "Parties pr€sent and voting" means Parties prcsent and casting an affirmative or negative vote. I Act Nationol Clinute Clange Act m2l 6. "Parly" 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 Conventioq as may be amende4 or a Party which has made a notification underArticle 4, paragraph 2(g), of the Convention. Article 2 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 ftrdrer elaborarc policies and measures in accordance with is national circumstances, such as: (i) Enhancement of enerry efficiency in relevant sectors of the national economy; (iD Protection and enhancement of sinks and reservoirs of greenhouse gases notcontrolled by the Montneal Protocol, taking into account its commiunents under relevant international environmental agreements; promotion of sustainable forest management practices, afforesanion and reforestation; (iii) Promotion of sustainable forms of agriculnre in light of climate change considerations; (iv) Research ott, and promotion, development and increased use of new and renewable forms of enerry, of carbondioxide 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; Act Notional Climue Clange Act mzl (vi) Encouragement ofappropriate reforms in relevant sectors aimed at promoting policies and measures which limit or reduce emissions of greenhouse gases not conrolled by the Monheal Protocol; (vii) Measurps to limit and/or reduce emissions of greenhouse gases not controlled by the Monreal Protocol in the tansport secSor; (viii) Limitation and/or reduction of methane emissions through recovery and use in wasrc management, as well as in the production" transport and distribution of enerry; O) Cooperate with other such Parties to enhance the individual and combined effectiveness of their policies and measures adopted under thisArticle, pursuant toArticle 4, paragraph 2(e[i), ofthe Convention.'l'io this en4 drese Parties shall take steps to share their experiencc and exchange information on such policies and measureq including developing ways of improving their comparability, transparency and effectiveness. The Conference of the Parties serving as the meeting of the Pa*ies 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. The Parties included in Annex I shall pursue limiation or reduction of emissions of greenhouse gases not controlled by tlre Montneal Protocol from aviation and marine bunker fuels, working through the International Civil Aviation Organization and the Inrcrnuional Maritime Organization, respectively. 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 t and 9, of the Convention, taking into account Article 3 of the Convention. The Conference of 2. 3 I Act 4. 4. National Climate Change Act mzl the Parties serving as the meeting of the Parties to this Protocol may ake further action, as appropriate, to promote the implementation of the provisions of this paragraph. 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 l(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. Article3 The Parties included in Annex I shall, individually or jointly, ensur€ that their aggregatc anthropogenic carbondioxide equivalent emissions of the greenhouse gases listcd in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitsnents inscribed in Annex B and in accordance with the provisions ofthisArticle with a view to reducing theiroverall emissions of such gases by at least 5 per cent below 1990 levels in 0re commitment period 200t to 2012. Each Party included inAnnex I shall, by 2005, have made demonstrable Fogress in achieving its commitnents under this Protocol. The net changes in greenhouse gns 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 commitsnent perio{ shall be used to moet the commitrnen6 under this Articlc of each Party included in Annex I. The greenhowe g:as emissions by sources and rpmovals by sinks associatod with those activities shall be reported in a transparent and verifiable manner and reviewed in accordance with Articles 7 and t. Priorto the first scssion ofthe Conference of the Panies serving as the meeting of the Parties to this hotocol, each Party included in Annex I shall provide, for consideration by the Subsidiary Body for Scientific 2. 3 Act 5. Natiorul Clinute Clange Act m2l and Technological Advice, data to establish its level of carbon stocks in l99O 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 fint session or as soon as practicable ttrereafter, 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, Aking into account uncertainties, transpar€ncy in reporting verifiability, the methodological work of the Intergovernmental Panel on Climate Change, the advice provided by the Subsidiary Body for Scientific and lbchnological 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. The Parties included in Annex I undergoing the process of transition to a market economy whose base year or period was established pursuant to docision 9/CP.2 ofthe Conference ofthe Parties at its second session shall use that base year or perid for the implemenbtion of their commitments under this Article. Any other Parfy included in Annex I undergoing the process of rursition to a market economy which has not yet submitted is first nationd communication underArticle 12 of dre Convention may also noti$ the Conferencc of the Parties serving as the meeting of the Parties to this Protocol that it inrcnds to use an historical base year or penod other than 190 for the implementation of its commiunents 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. Taking into accountArticle 4, paragraph 6, of the Convention, in the implementation of their commitrnents under this Protocol other than those under thisArticle, a c€rtain 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 proc€ss of tansition to a market economy. 6. Act 7 Natiorul Climate Clwnge Act mzl In fte first quantified emission limitation and reduction commitnent period, from 2fi)8 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 carbondioxide equivalent emissions of fte greenhouse gases listed in Annex A in 1990, or the base year or p€riod determined in accordance with paragraph 5 above, multiplied by five. Those Parties included in Annex I for whom land-use change and forestry constiturcd a net souce of greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or perid the aggregate anthropogenic carbondioxide equivalent emissions by sources minus removals by sinks in 1990 from land-use change for the purposes of calculating their assigned amount. Any Party included in Annex I may use 1995 as its base year for hydrofl uorocarbons, perfluorocarbons and sulphur hexafluoride, for 0re purposes of tre calculation referred to in paragraph 7 above. Commiunents for subsequent periods for Parties included in Annex I shall be established in amendments to Annex B to this Protocol, which shall be adoptcd in accordancc with the provisions of Article 21, paragraph 7. The Conference of the Parties serving as the mceting 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 I above. 10. Any emission roduction units, or any part of an assigned amount, which a Party ac4uires from another Party in accordance with the provisions of Article 6 or of Article l7 shall be added to the assigned arnount for the acquiring Party. I I . Any emission reduction units, or any part ofan assigned amount, which a Par$ transfers to another Party in accordance with the provisions of Article 6 or ofArticle l7 shall bc subtracted from thc assignod amount for the transfening Party. 12. Any certified emission rpductions which a Party acquires from another Party in accordance with tlre provisions of Article l2 shall be added to fie assigned amount forthe acquiring Party. 8. 9. Act National Clirute Clunge Act m2l Ifthe emissions ofa Party included in Annex I in a commitnent period are less than its assigned amount under 0ris Article, this difference shall, on request of that Party, be added to the assigned amount for that Party for subsequent commitnent periods. l3 14. Each Party included in Annex I shall strive to implernent the commitments mentioned in paragraph I 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 t and 9, of the Convention. In line with relevant docisions 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 0ris Protocol shall, at its fint sessiorL consider what actions are necessary to minimize the adverse effocts of climate change and/or the impacts of responsc me,asur€s on Parties referred to in tlrosc paragraphs. Among the issues to be considered shall be the establishment of funding insurance and tans r of technolory. Article 4 Any Parties included in Annex I that have reached an agr€ement to fulfill their commitments under Article 3 jointly, shall be deemed to have met fiose commitments provided that their total combined aSgr€gste anthropogenic carbondioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts calculated pursuant to theirquantified emission limitation and roduction commitnents inscribed in Annex B and in accordance witlr the provisions ofArticle 3. The r€spoctive emission level allocated to each of the Parties to the agreement shall be set out in 0rat agreement. Thc Parties to any such agreement shall noti$ the secretariat of the terms of the agreernent on the dat€ of deposit of their instruments of rarification, aoeeptanoe or approval of this Protocol, or accession thereto. The secreariat shall in nrrn inform dre Panies and signatories to the Convention of the terms of the agr€ement. Any such agroement shall remain in operation for the duration of the commitnent perid specified inArticle 3, paragraph 7. 2 3. I .'rri.l,..1,,,1; i'.. i i' l,t l.'i.. ii l Ot) l{,rr ,1rti h.\'i'r,j!.A Act 4. * 2b Al;U i.i r * jif-'. f,l(' cnt I N() Natiottol Clinute Clange Act mzl If Parties acting jointly do so in the framework of, and together wittl a regional economic integration oryanization, any alteration in the composition of the organization after adoption of this hotocol 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 underArticle 3 that are adopted subsequent to that alteration. In the event of failure by the Parties to such an agroement to achieve their toAl combined level of emission reductions, each Party to that agr€ement shall be responsible for its own level ofemissions set out in the agreement If Parties acting jointly do so in 0re framework of, and together with, a regional economic integration oryanization 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 Articlc. Article 5 Each Party included in Annex I shall have in place, no later than one year prior o the start of the fir$ commitment pedod, a national system for the estimation of anthropogenic emissions by sourc€s and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol. Guidelines for such national systems, which shall incorporate thc mehodologies specified in paragraph 2 beloq shall be decided upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session. Methodologies for estimating anthropogenic emissions by sources and removals by sinks of all greenhousc gases not controlled by the Montreal Protocol shall be thosc acceptcd by the Intergovernmenal Panel on Climatc Change and agrecd upon by the Conference of the Parties at its third session. Where such me0rodologies are not use{ 5. 6. I 2. aa I Act Natorul Clirrute Clange Act m2l appropriate adjustments shall be applie.d 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 Intergovemmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conferenc.e of the Parties serving as the meeting of the Parties to this Protocol shall regularly review an4 as appropriate, revise such methodologies and adjustments, taking fully into account any relevant decisions by the Conferencc of the Parties. Any revision to methodologies or adjusnnents shall be used only for tlre purposes of ascertaining compliance with commitnents underArticle 3 in respect of any commitment period adopted subsequent to that revision. The global warning potentials used to calculate the carbondioxide 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 Inrcrgovemmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Tirchnological Advice, tlre Conferpnce of the Parties serving as the meeting of the Parties to this Protocol shall regularly review and, as appropriate, revise the global warming potentid of each such greenhouse gas, taking frrlly into account any relevant decisions by the Conference of the Parties. Any revision to a global warming potential shallapply only to commitsnents under Article 3 in respoct of any commitment pcriod adopted subsequent to that revision. Article 6 For the purpose of meeting its commitments under Article 3, any Party included in Annex I may transfer to, or ac.quire from, any other such Party emission reduction units resulting ftom projects aimcd 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 involvod; 3. Act 2. Natiorul Cltmote Clange Act mzl (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 othenpise occur; (c) It does not acquire any emission reduction units if it is not in compliance with its obligations underArticles 5 and 7; and (d) The acquisition ofemission reduction units shall be supplemenul to domestic actions for the purposes of meeting commitsnents underArticle 3. The Conference of the Parties serving as the meeting of the Parties to this hotocol may, at its first session or as soon as practicable thereafter, fur0rer elaborate guidelines for tlre implemenation of this Article, including for verification and reporting. 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. If a question of implementation by a Party included in Annex I of tlre requirements referred to in this Article is identified in accordancp with the relevant provisions ofArticle 8, transfers and acquisitions of emission reduction units may continue to be made after the question has been identifie4 provided that any such units may not be used by a Party to meet its comminnents under Article 3 until any issue of compliance is resolved. Artich 7 Each Parfy included inAnnex I shall incorporate in its annual inventory of anthropogenic emissions by sources and removals by sinks of greenhousc gases not contnolled by the Montneal Protocol, submined in accordance with the relevant decisions of the Conference of the Partieq the necessary supplementary information for tlre purposes of ensuring compliance with Article 3, to be dercrmined in accordance with paragraph 4 below. 3. 4. I Act 2. Natiorul Clilnate Cla nge Act mzl Each Party included in Annex I shall incorporate in is national communication, submitted under Article 12 of the Convention, the supplementary information necessary to demonstate compliance with its commitnents under this Protocol, to be determined in accordance with paragraph 4 below. Each Party included in Annex I shall submit the information requirod under paragraph I above annually, beginning with the first inventory due under the Convention for the first year of the commitment period after this hotocol has entered into force for that Party. Each such ParU shall submit the information required under paragraph 2 above as part of the first national communication due under 0re Convention after ftis Protocol has entered into forcc 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 timeable for the submission of national communications decided upon by the Conference of the Parties. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at is first session, and review periodically thereafter, guidelines for the prcparation of the information required under this Article, taking into account guidelines for ttre preparation of nationd 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 commitnent period, decide upon modalities for the accounting of assigned amounts. Articlc t The information submitted under Article 7 by each Party included in Annex I shall be reviewed by expert review teams punuant to the relevant decisions of the Conference of the Parties and in accordance with guidelines adoptod for this purpose by the Conference of the Parties serving as the moeting of the Parties to this Protocol under paragraph 4 below. The information submitted under Article 7, 3 4. I 2. 3 Act 4. 5. Natiorul Clinute Clnnge Act m2l paragaph l, by each Party included in Annex I shall be reviewed as part ofilre 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. Expert review teams shall be coordinated by fie secretariat and shall be composed of experts selected from those nominared by Parties to the Convention an{ as appropriate, by intergovernmental organizations, in accordance with guidance provided for this purpose by the Conference of the Parties. The review proccss 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 r€port to the Conference of the Parties serving as the meeting of the Parties to this Protocol, asscssing the implementation of tlre commitments of the Party and identiSing any potential problems iq and factors influencing the fulfillment of commitsnents. Such reports shall be circulated by the secretariat to all Parties to the Convention. The secretariat shall list those questions of implemenation indicated in such reports for further consideration by the Conference of the Parties serving as the meeting of the Parties to this Protocol. The Conference of the Parties serving as 0re mceting of 0re Parties to this Protocol shall adopt at its first session, and review periodically 0rereafter, guidelines forthe review of implementation ofthis hotocol by expert review teams taking into account the relevant docisions of the Conference of the Parties. The Conference of the Parties serving as the meeting of the Parties to dris Protocol shall, with thc assistance of the Subsidiary Body for Implementation an4 as appropriate, ttre Subsidiary Body for Scientific and Technological Advice, consider: (a) The information submitred by Parties under Article 7 and the r€ports of the expert reviews thereon conductcd under this Article; and 6. I Act National Clilnate Change Act mzl (b) Those questions of implementation listed by the secretariat under paragraph 3 above, as well as any questions raised by Parties. Punuant to its consideration of the information referred to in paragnph 5 above, the Conference of the Parties serving as the meeting of 0re Parties to this Protocol shall take decisions on any matter required for tlre implementation of this Protocol. Anlicle 9 The Conference of tbe Panies serving as the meeting of the Parties to this hotocol shall periodically review this Protocol in the light of the best available scientific information and ass€ssments on climate change and iB impactq as well as relevant technical, social and economic information. Such reviews shall be coordinated widr pertinent rcviews under the Conventioq in particular those required by Article 4, paragraph 2(d), and Article 7, paragraph 2(a), of 0re Convention. Based on these r€views, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take appropriate action. 2. The firstreview shall take place atthe second session ofthe Conferencc of the Panies serving as the meeting of the Panies to this hotocol. Further reviews shall take place at rcgular intervals and in a timely manner. Articlc l0 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 l, of the Convention, ortd continuing to advance the implementation of tlrese commitments in order to achieve sustainable development taking into account Article 4, paragraphs 3, 5 and 7, of the Convention, shall: (a) Formulate, wher€ relevant and to the extent possible, cost-effective a t,. Act National Clilnate Clange Act mzl national and, where appropriate, regional progammes to improve the quality of local emission factors, activity daa and/or models which reflect the socio-economic conditions of each Party for the preparation and periodic updating of national inventories of anthnopogenic ernissions by sources and removals by sinks ofall 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; O) Formulate, implement, publish and regularly update national and, where appropriate, regional progntnmes containing me,asures to mitigate climate change and measures to facilitate adequate adaptation to climate change: (D Such programmes woul4 inter alio, concern the enerry, bansport and industry sectors as well as agriculture, forestry and waste management. Furtlrermore, adaptation technologies and methods for improving spatial planning would improve adaptation to climate change; and (iD Parties included in Annex I shall submit information on action under this Protocol, including national programmes, in accordance with Articlc 7; and otlrer Parties shall seek to include in their national communications, as appropriate, information on programmes which contain measu€s that the Party believes contribute to addr€ssing 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 prcmotion ofeffective modalities for the developmeng application and diffirsion of, and take all practicable steps to pnomote, facilitate and finance, as appropriate, 0re transfer of, or access to, environmentally sound technologies, know-how, practices and proc€sses pertinent to climate change, in particular to developing countries, including the formulation of policies and programmes for the effective transfer of environmentally sound technologies 0rat Act Nationol Clirrute Clange Act mzl are publicly owned or in the public domain and 0re creation of an enabling environment for the private sector, to promote and enhance the trans r of, and aocess 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 daa archives to reduce unccrtainties related to the climate system, the adverse impacts of climarc change and the economic and social consequenc€s of various response strategies, and prcmote 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 accountArticle 5 of the Convention; (e) Cooperate in and promote at the international level, and, where appropriate, using existing bod ieq the development and implementation of education and training prcgrammes, including the stnengthening of national capacrty building, in particular human and institutional capacities and the exchange or secondment of personnel to train experts in this fiel4 in particular for developing countries, and facilitat€ at the national level public awareness o[, and public aocess to information on, climate change. Suitable modalities should be developed to implement these activities through the relevant bodies of tre ConventiorU taking into acpount Article 6 of the Convention; (0 Include in their national communications information on prograrnmes and activities undertaken pursuant to this Article in accordance wi0r relevant decisions of the Conferencc of the Parties; and (g) Give full consideration, in implementing the commitments under this Article, toArticle 4, paragraph t, of the Convention. Articlc tl In the implementation ofArticle 10, Parties shall take into account the provisions ofArticle 4, paragraphs 4, 5, 7, t and 9, of the Convention. In the context of the implementation of Article 4, paragraph l, of ilre Convention, in accordance with the provisions of Article 4, 2. i'rrj:l l,I;^;\; !,,i,1'i' l.! i' ii,'.;.', Act 3. * tb Al;ii i.i 1 * Ac(, N():. CAt L N(): National Climate Clange Act m2l paragaph 3, and Article I I of tlre Convention, and through the entity or entities entrusted with 0re 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 nesounees to meet 0re agreed full costs incurred by developing country Parties in advancing the implementation of existing commitments under Article 4, paragraph l(a), of 0re Convention that are covered in Article 10, subparagraph (a); and (b) Also provide such financial resourses, including for the transfer of technolory, needed by the developing country Parties to meet the agreed firll incremental costs of advancing the implementation of existing commitsnents under Article 4, paragraph l, of the Convention that are covered by Article l0 and that are agrced benpeen a developing counry Paay and the international entity or entities referred to in Article I I of the Convention, in accordance with fiatArticle. The implementation of thesc existing commitsnents shall take into account the need for adequacy and predicability in the flow of funds and the importance of appropriate burden sharing among developed country Parties. The guidance to the entity orentities entnrsted with the operation of the financial mechanism of the Convention in relevant decisions of the Conferencc of the Parties, including those agreed before the adoption of this Protocol, shall apply mutatis mutandis to the provisions of this paragraph. The developed country Parties and other developed Panies in Annex II to the Convention may also provide, and developing country Parties avail themsclves of, financial t€sources for the implementation of Article 10, through bilateral, regional and other multilateral channels. Article 12 l. Aclean 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 susainablc development l ll l,:.'. '1.11 ,r.\iJ'i'.il A 4. Act National Climate Change Act mzl and in contributing to the ultimate objective of the Convention, and to assist Parties included in Annex I in achieving compliance wi0t theirquantified emission limitation and reduction commitsnents 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 put of their quantifi ed emission limitation and reduction commitments under Article 3, as dercrmined by the Conference of the Parties scrving as the meeting of the Parties to this Protocol. 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. 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 ofclimale change; and (c) Reductions in emissions that are additional to any that would occur in the absence of the certified project activity. The clean development mechanism shall assist in arranging funding of ccrtified project activities as necessary. 5. 6. Act 7 National Climate Clange Act mzl 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. The Conference of the Parties serving as the meeting of the Parties to 0ris Protocol shall ensurc that a share of the proceeds from certified project activities is used to cover administrative expens€s as well as to assist developing country Parties that are particularly vulnerable to the adverse effects of climarc change to meet the costs of adapation. 9. Participation under the clean development mechanism, including in activities mentioned in paragnph 3(a) above and in the acquisition of certified emission reductions, may involve private and/or public entities, and is to be subject to what€ver guidance may be provided by the executive board of the clean development mechanism. 10. Certified emission reductions obained during the period from the year 20fi) up to the beginning ofthe first commitment period can be used to assist in achieving compliance in tlre first commitnent period. Article 13 The Confercnce of the Parties, the suprerne body of the Convention, shall serve as the meeting of the Parties to this Protocol. Parties to the Convention that are not Parties to this Protocol may participate as obscrvers in the procecdings of any session of the Conference of the Parties serving as the meeting of the Panies 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. When the Conference ofthe Parties serves as the mecting ofthe Parties to this hotocol, 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 dris Protocol, shall be replaced by an additional membcr to be t. I 2. 3. t' .l t Act 4. Natiorul Climate Clange Act mll elected by and frrom amongst the Parties to this hotocol. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall keep under regular rcview ttre implemenation of this Protocol and shall make, within its mandate, the decisions necessary to promote irc 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 measunes taken pursuant to this Protocol, in particular environmental, economic and social effects as well as their cumulative impacts and the extent to which progr€ss towards the objective of the Convention is being achieved; (b) Periodically examine the obligations of the Parties under this hotocol, giving due consideration to any rpviews required by Article 4, paragraph 2(d), and Article 7, paragraph 2, of the Convention, in the light of fie objective of the Convention, the experience gained in its implementation and the evolution of scientific and technological knowledge, and in this respect considerand adopt regular reports on the implementation of this Protocol; (c) Promote and facilitate fte exchange of information on measures adopted by the Parties to address climate change and ie effecs, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their rcspective commitnents under this Protocol; (d) Faciliate, at the request of two or morc Parties, the coordination of measures adoptcd by them to address climate change and its effecs, taking into account thc differing circumstances, responsibilities and capabilities of the Parties and their r€spoctive commitments under this Protocol; (e) Promote and guide, in accordancc with the objective of the Convention and the provisions ofthis Protocol, and taking fully Act 6. (g) National Clinute Clange Act mll into account the rclevant 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; (0 Make recommendations on any mattes necessary for the implementation of this Protocol; Seek to mobilizc additional financial resources in accordance with Article I I, paragraph 2; 5. O) Establish such subsidiary bodies as ane deerned necessary for the implementation of this hotocol; (i) Seek and utilize, where appropriatc, the services and cooperation of, and information provided by, competent international organizations and intergovernmenal and non-governmental bodies; and 0) Exercise such other functions as may be required for the implemenadon of this Protocol, and consider any assignment resulting from a decision by the Conference of the Parties. The rules of procedure of the Conferencc of the Parties and financial procedures applied under the Convention shall bc applied muratis mutmdis under this Protocol, except as may be othenvise decided by cons€nsus by the Conference of the Parties serving as the meeting of the Parties to this Protocol. The first scssion ofthe Conference ofthe Parties serving as the meeting of the Parties to this Protocol shall be convened by the secreariat in conjunction wi0r the first session of thc Conferencc of the Parties trat is scheduled after the dare of the entry into force of this Protocol. Subscquent ordinary sessions ofthe Conference of the Parties serving as the meeting of the Parties to this Pr,otocol shall be held every year and in conjunction with ordinary scssions of the Conferpncc of the Parties, unless otherwisc decided by dre Conferencc of the Parties t\ tt t'.! Act Natiorul Clinate Clange Act m2l serving as the meeting of the Parties to this hotocol. 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 Pr,otocol, or at the wriften request of any Party, provided that, within six months of the re,quest hing communicated to the Parties by the secretariat, it is supported by at least one third of the Parties. The United Nations, its specialized agencies and the International Atomic Enerry Agency, as well as any Sarc member thereof or observers thereto not party to dre Convention, may be represented at sessions of the Conference of the Parties serving as the meeting of the Panies to this Protocol as observers. Any body or agency, whether national or internationaf governmental or non-governmental, which is qualified in matters covered by this Protocol and which has informed the secreariat of its wish to be represented at a session of the Conferencc of the Parties serving as the meeting of the Parties to tris Protocol as an observer, may bc so admitted unless at least one third of thc 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 t of the Convention shall serve as the secretariat of this Protocol. Article t, paragraph 2, of the Convention on the functions of the secretariat, and Article t, paragraph 3, of the Convention on arfiangements made for the functioning of 0rc secretariat, shall apply muatis muordis to this Protocol. The secretariat shall, in addition, exercise 0re functions assigned to it under this Pr,otocol. Article 15 The Subsidiary Body for Scientific and lbchnological Advice and the Subsidiary Body for Implementation established by Articles 9 7 8. 2. I |l, 2. 3. Act Nuiottol Clilrute Clwnge Act m2l and l0 of the Convention shalt 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 firnctioning of these two bodies under 0re Convention shall apply mutatis mutordis to 0ris 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 mcetings of, respectively, the Subsidiary Body for Scientific and Technological Advicc and the Subsidiary Body for Implementation of the Convention. Parties to the Convention that are not Parties to this Protocol may participate as observers in thc proceedings of any session of the subsidiary bodics. When the subsidiary bodies sernre as the subsidiary bodies of this Protocol, decisions under this Protocol shall be taken only by those that are Parties to this Protocol. When the subsidiary bodies established by Articles 9 and l0 of the Convention exercisc their firnctions wi0r regard to matters concerning this hotocol, any member of the Bureaux of those subsidiary bodies repres€nting a Party to ore Convention but, at that time, not a parly to this Protocol, shall be replaced by an additional member to be elected by and from amongst the Parties to this Protocol. Arthh 16 The Conference of the Parties serving as the meeting of the Parties to this kotocol shall, as soon as practicable, consider the application to this Protocol o[, and modi$ as appropriate, the multilateral consultative proc€ss 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 multilarcral consulative process that may be applied to this Protocol shalloperatc widrout prejudice to the procedures and mechanisms established in accordancc withArticle 18. Artich f7 The Conference ofthe Panies shall define the relevant principles, modalities, rules and guidelines, in particular for verification, reporting and accountability rlt jir Act Natiorul Clinnte Clange Act mzl 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. Artich ft The Conference of the Parties serving as the meeting of the Parties to this hotocol shall, at itsfirst session, approveappropriateandeffective procedures and mechanisms to determine and to address cases of non-compliancc with the provisions of this Protocol, including through the development of an indicative list of consequenoes, aking into account the causc, type, degree and frequency of non+ompliance. fuiy 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 muatis mutandis to this Protocol. Article 20 l. 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 socretariat at least six months bcfore the moeting at which it is proposed for adoption. The secretariat shall also communicate the text of any proposod amendments to the Parties and signatories to the Convention and, for information, to the Depositary. 3. The Parties shall make every effort to reach agr€emcnt on any proposod amendment to this Protocol by consensus. If all efforts at consensus have been exhausted, and no agreement reache4 the amendment itr Act 4. Natiorul Climate Clwnge Act m2l 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 3o all Parties for their acceptance. Instruments of acceptance in respect of an amendment shall be deposited with the Depositary. An amendment adoptod in accordance with paragraph 3 above shall enter into forcp 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 fie Parties to this Protocol. The amendment shall enter into force for any other Party on the ninetieth day after fte date on which that Party deposits with the Depositary its instrument of acceptance of the said amendment. Articb 2f Annexes to this Protocol shall form an integral part thereof and, unless otherwise expressly providd a rcference to this Protocol constitutes at 0re 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 naturr that is of a scientifi c, technical, procedural or adminisrative character. Any Party may make proposals for an annex to this Protocol and may proposc amendments to annexes to this Protocol. Annexes to this Protocol and amendments to annexes to this hotocol strall be adopted at an ordinary session of the Conference of the Parties scrving as the moeting of the Parties to tlris Protocol. The rcxt of any proposed annex or amendment to an annex shall be communicated to the Parties by the secreariat at least six months before the mecting at which it is proposed for adoption. The secreAriat shall dso communicare the text of any proposed annex or amendment to an annex to the Parties and signatories to the Convention and, for informatioru to 0re Depositary. 5 t 2 3 ) li ri ";'l''.' Act 4. Nationol Clbnote Clwnge Act mzl The Parties shall make every effort to reach agreement on any proposed annex or amendment 3o an annex by consensus. If all efforts at consensus have been exhausted, and no agrBement reached, the annex or amendment to an annex shall as a last resort be adopted by a three-fourths majority vote of ttre Parties pr€sent and voting at tlre 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 acc€ptance. An anne:r, oramendment to an annexotherthanAnnexAor B, that has been adopted in accordance with paragraphs 3 and 4 above shall enter into force for all Parties to this hotocol six months after the date of the communication by the Depositary to such Parties of the adoption of 0re annex or adoption of the amendment to the annerq exc€pt for those Parties that have notified the Depositary, in writin& within that period of their non-acccptance of thc annex or amendment to the annex. The annex or amendment to an annex shall enter into force for Parties which withdraw 0reir notification of non-acc€ptance on the ninetieth day after the date on which withdrawal of such notification has been received by the Depositary. 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 forcc until such time as the amendment to this Protocol enterc into force. Amendments to Annexes A and B to this Protocol shall be adopted and enter into force in accordance with the procedure set out inArticle 20, provided that any amendment to Annex B shall be adopted only with the written consent of fie Party concerned. Artlcle 22 Each Party shall have onc vote, except as provided for in paragraph 2 below. Regional economic intcgration organizations, in maffiers 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 5. 6. 7 I 2. ( ,.:l lt li t, ,; .. 2. Act National Climue Clunge Act m2l Protocol. Such an organization shall not exercise its right to vote if any of is member States exercises its right, and vice versa. Article 2.i The Secretary-General of the United Nations shall be the Depositary of this Protocol. Article 24 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 N*ions Headquart€rs in New Yo* from I 6 March l99t to l5 March 1999. This Protocol shall be open for accession from he day after the date on which it is closed for signature. Instruments of ratification, ac@ptance, approval or accession shall be deposited with the Depositary. 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 Sates shall not be entitled to exercise rights under this Protocol concunently. In their instnrments of ratificatiorU acceptan@, approval or accession, regional economic integration organizations shall declare the extent of their competenc€ widr respect to the matters governed by this Protocol. Theso organizations shall also inform the Depositary, who shall in hrrn inform the Parties, of any substantial modification in the extent of their compctenc€. Artich 25 This Protocol shall enter into forcc 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 p€r c€nt of the total carbondioxide ernissions for 1990 of the Parties 3 I I I '.! Act 2. Natiotul Climote Clange Act mzl included in Annex I, have depositcd their instnrments of ratification, acceptanc€, approval or accession. For the purposes of this Article, "ttre total carbondioxide emissions for 1990 of the Parties included in Annex I" means the amount communicated on or beforp the date of adoption of this Protocol by tlre Parties included in Annex I in their first national communications submitted in accorrdance withAnicle 12 of the Convention. 3. For each State or regional economic integration oryanization that ratifies, accepts or approves this Protocol or accedes thereto after the conditions set out in paragnph I above for entry into force have been fulfille4 this Protocol shdl enter into force on the ninetieth day following the date of deposit of its instnrment of ratification, acceptance, approval or accession. 4. For the purposes of this Article, any instnrment deposited by a regional economic integration organization shall not be counted as additional to those depositcd by Statcs membcrs of the organization. Arthte 26 No reservations may be made to this Protocol. Article 27 At any time after three years from the date on which this hotocol has entered into force for a Party, that Party may withdraw from this Protocol by giving written notification to the Depositary. Any such withdrawal shall take effect upon expiry ofone year from the darc of receipt by the Depositary of the notification of withdrawal, or on such later date as may be spocified in the notification of withdrawal. Any Party that withdraws from the Convention shall be considered as also having withdrawn from this Protocol. Articlc 2t Thc original of this hotocol, of which the Arabic, Chinese, English, French, I 2. 3. .;t i i ,,t l,;.ii,.it,.,, , r, | ,:. ,; i. ,.i i, .j ') i' . .. ., . 1' "t1- t7? Act Natiorul Climate Clange Act mzl 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 WTII{ESS WIIDREOF the undersigned, being duly authorized to that effect, have affixed their signatures to this Protocol on the dates indicated. AnnerA Grcenhourc grses Carbondioxide (CQ) Methane(CH.) Nitnous oxide (NP) Hydrofl uorocarbons (HFC s) Perfluorocarbons @FCs) Sulphur hexafl uoride (SF.) Scctordsou re cetcrorics Enerry Fuel combustion Enerry industries Manufacturing indusfies and construction Transport Odrer scctors Other Fugitive emissions from firels Solid fuels Oil and nstural gas Odrer Industrial prosesscs ,j... :. i .i' ' . t t.,l ( ,'j. \, t' i: l. )'.. t i: '-. i.r; .. ' 'l ,,:r 'r,,."1 " L ir )r, " I Act National Clinate Clange Act Mineral products Chemical industry Metal production Other production Production of halocarbons and sulphur hexafluoride Consumption of halocarbons and sulphur hexafluoride CIher Solvent and other product use Agriculnre Enteric fermentation Manure management Rice cultivation Agriculnral soils Pr€scribed burning of savannas Field burning of agricultural residues Other Waste Solid waste dispoaal on land Wastewaler handling Waste incineration Odrer Anner B t1g[ Onrntifted emircion limitetinn or rcduclion comnitment (pcrcentage ofbasc ycar or period) m2t l '.i, ,-.:.1.' Act Australia lOt Austria 92 Belgium 92 Bulgariaf 92 Canada 94 Croatiar 95 Cz*h Republicf 92 Denmark 92 Estoniar 92 Natiorul Climate Clange Act m2t European Community 92 Finland 92 Frurcc92 Germany 92 Greece 92 Hungary'94 Iceland ll0 Ireland 92 Itarly 92 Japan 94 l.altttla' 92 Liechtc,nstcin 92 Lithuaniar 92 Lrxembourg92 Monaco 92 Nefierlands92 New Zcaland 100 L'tL:i..,1 '' (.) * A(-c Nr ): CAI.L N/) 'tE al:i; Lt.l ..:'r. :',1.j'I' t,- 1,.t. tJ(tl rt r,x h,trr:l..tLA * t,. ."'! t . I ,.') . t I i t't.,, ,r I :, Act Nuiottol Clirute Clwnge Act mZl Norway l0l Polandf 94 Portugal92 Romania'92 Russian Federationr 100 Slovakiar 92 Slovenia+ 92 Spain 92 Sweden 92 Switzerland 92 Ukrainer lfl) United Kingdom of Great Britain and Northern Ireland 92 United States ofAmerica 93 t Countries that are undergoing the process of transition to a market economy. ir ;', )r lr . .r' )./ il : i ,, I Act mzt Scaion I Prris Agrcenent, 2015 The Poties to this Ageement, Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as 'qthe Convention", Pursuant to the Durban Platform for Enhanccd Action established by decision llCP.lT of the Conference of the Parties to the Convention at its seventeenth session, In pursuit of the objective of the Convention, and being guidcd by its principles, including the principlc of equity and common but differentiated responsibilities and respectivc capabilities, in the light of different national circumstances, Recogtbing the necd for an effective and progressive response 3o the urgent threat of climatc change on the basis of the best available scientific knowledge, Also rccognizing he specific needs and spocial circumstances of developing country Parties, especially thosc that are particularly vulnerable to the adverse effecs of climatc change, as provided for in the Convention, fakingfuil oacount of the specific needs and spocial situations of the least developed countries with regard to funding and transfer of technolory, Recogabing trat Parties may be affectcd not only by climarc changg but also by fte impacts of the measurcs taken in response to it, Enphasizing the intrinsic relationship that climatc change actions, rcsponses and impacs have with oquitrble access to sustainable development and eradication of poverty, Reagnbing the fundamenal priority of safquarding food security ud cnding hunger, and the particular vulncrabilities of food production systems to the adverse impacts of climate changc, Tating hto occotmt the imperatives of a just transition of the workforce and the creation of deccnt work and quality jobs in accordancc with nationally defined development prioritics, Natiorul Climate Change Act SCEEDT'LE 4 l I J, .. 1 II ir t ':.i' ,.:.-\ r r 'i;l .., ,,. I I il, l , ' . t. .ii .l Act National Clinute Clwnge Act mzl Achrow ledgingthat cl imate change is a common conoern ofhumankind, Parties should, when taking action to address climate change, rcspect, promote and consider their respective obligations on human righs, the right to healtlu fte rights of indigenous peoples, local communities, migrants, children, pemons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity, Recognbing the importance of thc conservation and enhancernen[ as appropriate, of sinks and reservoirs ofthe greenhouse gases refened to in the Convention, Noting the importance of ensuring the integrity of all ecoqystems, including oceans, and the protection of biodiversity, recognized by some cultures as Mother Earth, and noting the importance for some of the concept of "climate justic€", when taking action to address climate change, Aftrning the importance of education, uaining public awareness, public participation, public acc€ss to information and cooperation at all levels on the matters addressed in this Agreernent Recognizing the importance of the engagements of all levels of government and various actors, in accordance with respctive national legislations of Parties, in addressing climatc change, Also rccogttiz@ttnt susainable lifestyles and sustainable patterns of consumption and production, with developed country Parties taking the lea{ play an important role in addressing climale change, Have agrecd as follows: Artich I For the purpose of thisAgreement, the definitions contained inArticle I of the Convention shall apply.In addition: (a)'€onvention"meanstheUnitcdNationsFrameworkConvention on Climate Change, adopted in New York on 9 May 1992; (b) '€onfercnce ofthe Parties" means the Conference ofthe Parties to the Convention; (c) "Party" means a Party to thisAgreement. ir I Act mzt This Agreement, in enhancing the implementation of the Convention, including its objective, aims to stnengthen the global response to the threat of climate change, in the context of sustainable development and efforts to eradicate poverty, including by: (a) Holding tlre increase in the global average temperature to well below 2 oC above pre-industrial levels and pursuing efforts to limit the temperature incrcasc to 1.5 oC above pre-indrstial levels, recognizing drat this would significantly reduce the risks and impacts of climate change; (b) Increasing the ability to adapt to the advcrse impacts ofclimate change and foster climarc resilience and low greenhousc gas emissions development, in a manner that does not threaten food production; and (c) Making finance flows consistent with a pathway towards low greenhousc gas emissions and climate-resilient development This Agreement will be implemented to reflect equity and the principle of common but differentiated responsibilities and respoctive capabilities, in the light of different national circumstances. ArtichS As nationally determined contributions to the global response to climale change, all Parties are to undertake and communicate ambitious efforts as defined in Articles 4,7,9,10, I I and l3 with the view to achieving the purpose of this Agreement as set out in Article 2. The efforts of all Parties will represent I progession over time, while recognizing the need to $pport developing country Parties for thc effective implementation of this Agreement. Articlc a In order to achieve the long-term tempcratur€ goal set out in Article 2, Parties aim to reach global peaking of greenhousc Eas emissions as soon as possible, recognizing that peaking will take longer for developing country Psrties, and to undertake rapid roductions National Clfurute Clange Act Adclc 2 l. ( tl .r !. ,; t, .., t, !: t I .,:r I ': l Act Natiorul Clinute Clwnge Act m2l thereafter in accordance with best available science, so as to achieve a balance betrreen anthropogenic emissions by sources and removals by sinks of greenhouse gascs in the second half of this century, on the basis of equity, and in the context of susainable development and efforts to eradicate poverty. Each Party shall prepare, communicate and maintain successive nationally determined contributions that it intends to achieve. Parties shall pursue domestic mitigation measures, with the aim of achieving the objectives of such contributions. Each Party's successive nationally dercrmined contribution will r€pr€sent a progression beyond the Party's then cument nationally determined contribution and reflect its highest possible ambitiorL reflecting iB common but differentiatcd responsibilities and respective capabilities, in the light of different national circumstances. Developed country Parties should continue taking the lead by undertaking economy-widc absolute emission reduction targets. Developing country Parties should continue enhancing their mitigation efforts, and are encouraged to movc over time towards economy wide emission reduction or limitation taryets in the light of different nalional c ircumstances. Support shall be provided to developing country Parties for the implementation of this Article, in accordance with Articles 9, l0 and I l, recognizing that enhanced support for developing country Parties will allow for higher ambition in their actions. The least dcveloped countries and small island developing States may prepare and communicate strategieg plans and actions for low greenhouse gas emissions development reflecting tlreir special circumstanccs. Mitigation co-benefi ts rcsulting from Parties' adapation actions and/or economic diversification plans can contribute to mitigation outeomes under this Article. ln communicating their nationally determincd contributions, all Parties shall providc the information ncccssary for clarity, transparency and understanding in accordance with decision llcP.2l and any relevant decisions of the Conferencc of the Parties serving as the moeting of the Parties to this Agreement. ,, 3. 5. 6. 7 E. 4. ''ri t il rfi ,. ,i't i ' t'., it ) .. l: 1 F: ..1 il :(.. l; .rlr i , -. Act National Climate Ch,ange Act mzl 9. Each Party shall communicate a nationally determined contribution every five years in accordance with decision l/CP.2l and any relevant decisions of the Conference of ttre Parties serving as the meeting of the Parties 3o thisAgreement and be informed by 0re outcomes of the global stoclctake referred to in Article 14. 10. The Conference of the Parties serving as the meeting of the Parties to this Agreement shall consider common time franres for nationally dercrmined contributions u its first session. ll. A Parry may at any time adjust its existing nationally determined conribution with a view to enhancing its level of ambition, in accordance with guidancc adopted by the Conference of the Parties serving as the meeting of the Parties to thisAgreement. 12. Nationally dercrmined contributions communicated by Parties shall be recorded in a public registry mainained by the secretariat. 13. Parties shall account for their nationally daermined contributions. In accounting for anthropogenic emissions and removals conesponding to their nationally determined conributiong Parties shall promote environmental inrcgrity, transpar€ncy, accuracy, completeness, comparability and consistency, and ensure the avoidance of double counting" in accordance with guidance adopted by the Conference of dre Parties scrving as the meeting of the Parties to this Agreement. 14. In the contcxt of their nationally dercrmined contributions, when recognizing and implcmenting mitigation actions with respect to anthropogenic emissions and removalg Parties should take into ac€ount, as appropriate, existing methods and guidance under the Convention, in the light of the provisions of paragraph 13 of this Article. t5. Partics shall take into considcration in the implementation of this Agreement the concerns of Parties wi0r economies most affected by the impacts of responsc measunes, particuhrly developing country Parties. 16. Parties, including regional economic inrcgration organizations and their member States, that have reached an agroemcnt 30 act jointly under paragraph 2 of this Article shall noti$ the secretariat of the tprms of that agreement, including the emission level allocated to ;r .t. { , r' '.-i \ i.'., ..,.. ,.I !, I ,' 'j' ,i i'\(: ,t ) l) t.!'. i j .rlr! r J: -' ;i.'r. t :i! ':, ' . ,t1' t .: .'' . f, ,' .. :i At i) l. i i '''1 .:', i,i'. i ,"t.1 ! ,i. , I .' ': t ".' i. ... 1 i',. t. I Act Natiorul Clinate Clwnge Act m2l each Party within the relevant time period, when they communicate their nationally determined contributions. The secretariat shall in turn inform the Parties and signatories to the Convention of the terms of that agreement. 17. Each party to such an agrsement shall be responsible for its emission level as sct out in the agreement refened to in paragraph 16 of this Article in accordance with paragraphs 13 and 14 of this Anicle and Articles 13 and 15. It. If Parties acting jointly do so in the framework of, and together with, a regional economic integration oryanization which is iself a Party to this Agreement, each member State of that regional economic intcgration organization individually, and together with the regional economic intcgration oryanization, shall be responsible for its emission level as setout in the agreem€nt communicated underparagraph l6 of this Article in accordance with paragraphs 13 and 14 of this Article andArticles 13 and 15. 19. All Parties should strive to formulatc and communicate long-term low greenhouse gas emission development strategies, mindful ofArticle 2 taking into account their common but differentiated responsibilities and respective capabilities, in the light ofdifferent national circumstances. Article 5 20. Parties should take action to conserve and enhance, as appropriate, sinks and rcservoirs of greenhousc gasics as refened to in Article 4, psragaeh l(d), of he Convention, including forests. 21. Parties are encouraged to take action to implement and suppo4 including through results-based payments, thc existing framework as sct out in rclatcd guidance and decisions alrcady agreed under the Convention fon policy approaches and positive incentives for activities relating to rcducing emissions frrom deforestation and forest dcgradatioru and 0rc tole of conseration, sustainable management of forests and enhancement of forpst carbon stocks in developing countries; and alternative policy approacheX such as joint mitigation and adaptation approaches for the intcgnl and sustainable management of forests, while reaffirming the importancc of incentivizing as approprietc, non-carbon benefits associatod with such approaches. . . ':-. ,). ; ." ',r,:,lr'i.r'; .,;..:.i | , ,, :,':':.!" :' | ". 'l' a ltt)i !l r ,' Act 22. Parties rccognize that some Parties choose to puniue voluntary cooperation in the implementation of their nationally determined contributions to allow for higher ambition in their mitigation and adaptation actions and to promote sustainable development and env ironmental integdty. 23 Parties shall, where engaging on a voluntary basis in cooperative approaches that involve the use of internationally transfened mitigUion outcomes towards nationally determined contributions, promote susainable development and ensure environmenal intcgrity and transparency, including in governance, and shall apply robust accounting to ensu€, inrcr alia' the avoidance of double counting consistcnt with guidance adoptcd by the Conference of the Parties scrving as the meeting of the Parties to thisAgreement 24. The use of inrcrnationally tansferred mitigCIion outcomes to achieve nationally determined contributions undcr this Agrcement shall be voluntary and authorizod by participating Parties. 25. A mechanism to contibute to 0re mitigation of greenhouse gas emissions and support susainable development is hereby established under the authority and guidance of 0re Conference of the Parties scrving as the mecting of the Parties to this Agreement for use by Panies on a voluntary basis. It shall be supervised by a body designated by the Conferpnce of the Parties serving as the meeting of the Parties to thisAgreement, and shall aim: (a) To promote the mitigation of greenhouse gas emissions while fbstcring sustainablc developmen[ (b) To inccntivize and faciliatc participation in the mitigation of greenhouse gas emissions by public and private entities authorized by a Party; (c) To contribute to the reduction of ernission levels in the host Party, which will benefit from mitigation activities rcsulting in Nuiotul Climote Change Act Artcle 5 mzt l.i r. .l ra :' '1,>a t'l t., al .,. rl: t.ii. :t i t ',!'r. .ir Act Natiottol Clbrute Clnnge Act 2021 emission reductions that can also be used by another Party to fulfil its nationally determined contribution; and (d) Ib deliver an overall mitigation in global emissions. 26. Emission redustions resulting from the mechanism referred to in paragraph 4 of this Article shall not be used to demonstrate achievement of the host Party's nationally determined contribution if used by another Party to demonstrate achievement of is nationally determ ined conti bution. 27. The Conference of the Parties serving as tre meeting of the Parties to thisAgreement shall ensur€ that a share ofthe proceeds from activities under the mechanism referred to in paragraph 4 of this Article is used to cover administrative expcnscs as well as 30 assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation. 28. The Conference of the Parties scrving as the meeting of [re Parties to this Agreement shall adopt rulcs, modalities and procedures for the mechanism referred to in paragraph 4 ofthisArticle at its first session. 29. Parties rccognize the importance of inrcgrared, holistic and balanced non-market approaches being available to Parties to assist in the implementation of their nationally determincd conributions, in tre context of sustainable development and poverty eradication, in a coordinatcd and effective mannetr, including throug[ inter aliq mitigatioq adapation, financc, technolory transfer and capacity building as appropriate. These approaches shall aim to: (a) Promotc mitigation and adaptation ambition; (b) Enhance public and private scctor participation in ilre implemcntation of nationally dercrmined contributions; and (c) Enable opportunities for coordination acr)ss instruments and relevant institutional arrangcmcnts. i1,r- t ,t1... .';irr. l :-.; i J"l ,J. '!t ) ;): )J l. :: l.' l,i 1 Act Natiorul Clirate Cla nge Act mzl 30. A framework for non-market approaches to sustainable development is hereby defined to promotc the non-market approaches referred to in paragnph t of this Article. Article 7 31. Parties hereby establish the global goal on adapation of enhancing adaptive capacity, strengtlrening resiliencc and reducing vulnerability to climarc change, with a view 3o contributing to sustainable development and ensuring an adequalc adaptation r€sponse in the context of the temperanre goal refened to in Article 2. 32. Parties recognize that adaptation is a global challenge faced by all with local, subnational, national, regional and international dimensions, and that it is a key component of and makes a contribution to tlre long term global r€sponsc to climatc change to protcct people, livelihoods and ecogystem$ taking into account thc urgent and immediate needs of those developing country Parties that are particularly wlnerable to the adverse effects of climate change. 33. The adaptarion efforts of developing country Parties shall be recognized, in accordance with the modalities to be adoprcd by the Conferpnce of the Parties scrving as the meeting of the Parties to this Ageemcnt at its first scssion. 34. Partics rocognize th* he current neod for adapation is significant and fiat grcater lcvels of mitigUion can reduce tlre need for additional adaptation efforts, and that grcarer adaptation needs can involve gr€alcr adapanion coss. 35 Partics acknowledge fiat adspation action should follow a country driven, gcnder-responsive, participatory and fully transparcnt approach, taking into considcration vulnerable groups, communities and ecosystems, and should be based on and guided by the best available science an{ as apprcpriatc, taditional knowledge, knowledge of indigenors peoples and local knowledgc qystcms, with a view to integrating adaptation into rel€vant sociooconomic and environmental policies and actiong wherc appropriate. iLi': r l' ,i:,1 , i .)' | ; ., l. r .' tl:, i't'- -I l:::t- ,. .tf i :'i. .t . l'o t' ,) . )'l ,.'l .'r. l' ;, l t ) "tI t: ,.'..,..L r r i.'fi , ,1-. . a.: Ji;t,i' '. lri" :' . )'. ,"L ; ..';6 rF 'ti.,i .,r'l ,'',r. )r.)'tt,i , i', r' i.l ' .tir : ,' ,tl.;l.ij..',.. .' : .t lr Act Nationol Clhnate Clwtge Act mzl 36. Parties recognize the importance of support for and international cooperation on adaptation efforts and the importance of taking into account the needs of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change. 37. Parties should stnengthen their cooperation on enhancing action on adaptatiorl taking into account the Cancun Adaptation Framework, including with regard to: (a) Sharing informatioru good practices, experiences and lessons learne4 including as appropriate, as these relate to science, planning policies and implementation in relation to adaptation actions; (b) Soengthening institutional arangeNnents, including those under thc Convention that serve this Agreement, to support the synthesis of relevant information and knowledge, and the provision of technical support and guidance to Parties; (c) Stnengthening scientific knowledge on climate, including rescarclU systematic observation ofthe climate system and early warning systems, in a manner that informs climate services and supports decision-making; (d) Assisting developing country Parties in identiSing effective adaptuion practices, adaptation needs, priorities, support provided and received for adaptation actions and efforts, and challenges and gaps, in a manner consistent with encouraging good practiccs; and (e) Improving the effectiveness and durability ofadaptation actions. 3t. Unitcd Nations specialized organizations and agencie are encouraged to support tlre efforts of Panies to implement the actions referred to in paragraph 7 of this Article taking into account the provisions of paragraph 5 of this Article. 39. Each Party shall, as appropriate, engage in adapation planning processcs and the implementation ofactions, including the development or enhancement of relcvant plang policies and/or contributions, which may inctude: I ii, l' , ,t ,'' t' .- l -.t -ll'. rl .?:.' | , ;, I l' o f,, l. "'r, ,,1,.i: , f. ,t l' . ':t. ' i.,.J,.i.. .;' lt .:.: il.'; 'i,t? I :l 'il l. Act National Clinate Clunge Act m2l (a) The implementation of adaptation actions, undertakings and/or effons; (b) The process to formulate and implement national adaptation plans; (c) The assessment of climate change impacts and vulnerability, with a view to formulating nationally determined prioritized actions, taking into account vulnerable people, places and ecosystems; (d) Monitoring and evaluating and learning from adaptation plans, policies, programmes and actions; and (e) Building the resilience of socioeconomic and ecological systems, including through economic diversification and sustainable managemont of natural rcsourpes. 40. Each Party shoul4 as appropriatc, submit and update periodically an adaptation communicatioru which may include its prioritieg implemenation and support needs, plans and actions, without creating any additiond burden for developing country Parties. 4t The adaptation communication referred to in paragraph l0 of this Article slull be, as appropriarc, submitted and updated periodically, as a component of or in conjunction with other communications or documents, including a national adapAtion plan, a nationally dercrmined contribution as referred to in Article 4, paragraph 2, andl or a national communication. 42 The adaptation communications refencd to in paragraph l0 of this Article strall bc recorded in a public registry maintained by the sccretariat. 43. Continuous and enhanced internationd support shall be prcvided to developing country Parties for the implementation of paragraphs 7, 9, l0 and I I ofthisArticle, in accordance with the provisions ofArticles 9, l0 and ll. M. The global stoclctake rpferred to in Article 14 shall, intcrdia: .: l', (r' ) ')t ?',t' ' ,,t iI .'i.';n:. ,' :i",. '").. .,:,.t; t., ,, t''- ,'t t 2, li ..r' t i -,.'l I i , i t: .,,-i',. i r l,'r 'i. 'tc( r' ., .iJ j j:i l,Jr:.1)-' . i,, .,' ;',. (r' 1 ,.1 -. l'\:r ',.) , J: l ',':l J 1.. .;;.r..'. ,i l"'r') : 'r'tii"-r '.\.:l'.r' j'! ('i ' ., l | ,'l . !' i).'(.., t',rl' ll :.. ' t ,'.'. ir'i ,,1 Act Natiorul Clinute Change Act mzl Recognize adaptation efforts of developing country Parties; Enhance the implementation of adapation action taking into account the adapation oommunication refened to in paragraph l0 of thisArticle; Review fte adequacy and effectiveness of adaptation and support provided for adaptation; and Review 0te overall progress made in achieving the global goal on adapafion refened to in paragraph I of this Article. (a) (b) (c) (d) Article t 45. Parties recognize the importance of averting minimizing and addressing loss and damage associatcd with the adversc effects of climate change, including extneme weather events and slow onset Events, and the role of sustainable development in reducing the risk of loss and &mage. 46. The Watsaw International Mechanism forlossand Damageassociated with Climare Change Impacts shall be subject to the authority and guidance of the Conference of the Parties serving as the meeting of dre Parties to 0ris Agreement and may be enhanced and stengthend as dercrmined by the Conferpnce of the Parties serving as the meeting of the Parties to this Agrecment. 47. Parties should enhance understanding action and support, including through dre Warsaw International Mechanism, as appropriate, on a cooperative and facilitrtive basis with rcspoct to loss and damage associatcd with the adversc effects of climarc change. 4t. Accordingly, areas of cooperation and facilitation to erfiance understanding action and support may include: (a) Early warning systcms; (b) Emergcncyprcparedness; (c) Slow onset events; (d) Events that may involve irreversible and permanent loss and damagc; L. .r.i . i .:, iil" t )ri 'r' ,i t a ,l t. ' I e.5'' \,7 It " '.!'i,ljr .tl, ', t';l : ',r ':l(!1.'/ .1L ,. .t!:.i il ,: .t! 'l )' ' l' ii i ,',';1. Act Natiorul Clhute Clange Act mzl Comprehensive risk assessment and management; Risk insurancc facilities, climate risk pooling and other insurance solutions; Non-economic losses; and Resilience of communities, livelihoods and ecosystems. 49. The Warsaw International Mechanism shall collaborate with existing bodies and expert groups under tlre Agreement as well as relevant organizations and cxpert bodies outside the Agreement. Articlc 9 50. Developed country Parties shall provide financial nesources to assist dcveloping country Parties with rcspoct to both mitigation and adapation in continuation of their existing obligations under the Convention. 51. Otrer Parties are encouraged to provide or continue to provide such support voluntarily. 52. As part of a global effo4 developed country Parties should continue to take the lead in mobilizing climatc financp from a wide variety of sounqes, insuuments and channelq noting the significant role of public fundq through a variety of actions, including supporting country driven stralegies, and taking into account the needs and priorities of developing country Parties. Such mobilization of climate finance should r€prcsent a progression bcyond prcvious efforts. 53 The provision of scaled-up financial nesoutaes should aim to achieve a balance bcnueen adaptation and mitigation, taking into account countrydriven strategies, and the priorities and nccds of developing country Parties, especially 0rosc that arc particularly vulnerable to 0rc adversc cffccts of climatc changc and have significant cspacity constrainb, such as thc least dcvclopod countries and small island dcveloping Statcs, considering thc need for public and grant-based rrsources for adaptation. (e) (0 (g) (h) tt, J , l.)'F. i,\i .i\ Jr.. :.1 ( -r '11;iif i1r.1'4. .1. ,.tt,!!," ',1:.-i ,.' - lr'i',lti,,i.;', l,' L ', t . ,r,rl t,) ..ul!tf. 1,. t'tl rl. ", ,.1 l' '',t t ,^, , !.;'t). , ,.i .i:r t. r ' . ffrf"' !t ' i rr,,;, 1.: ,:i tt " ,'ii't l, I i.....!'ir,i t \,.t 1i I ,,..t . ' ., }.'/-. I t'-. "t rt'r"l " t'l r.1,,. 3 ) I 'si: ( ;,, ,rtr.; ' .'ti i : t' . ,.j'it,'. 1 '.'.1 'l ',.d ' ,). .t t't,I' . I' 1 ,lt: ;l i,'1 :.-" !\'t ;) la ;,t,':(; \j,!',"1!i, 'rl , r;"" ,',' r f. |l i'..t I ft''ior'., i , l: :t l.t Act Nuiorul Clhrute Change Act mzt 54. Developed country Parties shall biennially communicate indicative quantiAtive and qualiAtive information related to paragraphs I and 3 of this Article, as applicable, including as available, projected levels of public financial rcs,ourpes to be provided to developing country Parties. Other Parties providing resourccs are encouraged to communicate biennially such information on a voluntary basis. 55. Thc global stocktake refened to in Article 14 shall take into account the relevant information provided by dcveloped country Parties and/ orAgreement bodies on effoils relatcd to climarc finance. 56. Developed country Parties shall provide transparent and consistent information on support for developing country Parties provided and mobilized through public intcrventions biennially in accordance with the modalities, procedures and guidelines to be adopted by the Conferencc of the Parties serving as the meeting of the Parties to this Agrcemcnt, at its first session, as stipulated in Article 13, paragraph 13. Other Parties are encouraged to do so. 57. The Financial Mechanism of the Convcntion, including its operating entities, shall serve as the financial mechanism of this Agreement. 5t. The institutions serving this Agrecment, including the operating entities of the Financid Mechanism of the Convention" shall aim to ensurp efficient aoeess to financial rcsourtes through simplified approval procodures and cnhanccd readiness support for developing country Parties, in particular for thc least developed countries and small island developing Starcq in the context of their national climate stratcgies and plans. Ailhh r0 59. Parties slrare a long-tcrm vision on thc importance of fully realizing technolory dwelopment and ransfer in order to improve resiliencp to climate change and to rpducc grcenhousc gas cmissions. 60. Partieq noting thc importance of tochnolory for the implemenadon of mitigation and adaptation actions un&r his Agrcanent and recognizing existing tochnolory deployment end disscmination efforts, shall ' I ' ,. .'ii', /. .': lt. 1.,,'i,.|.r1 ^1 ,1. iltl).j .t I I i, r'l'-'.\ .i i; '- I : .' i,,r | 't!lit. ,-' t .rfi t'Jt' J't '-' 'L ,',') i il -'il': ;.r'; i).' 2.:. l;l r .'l;" ' ,l '. t'.' ) ,il l , tP.' :l:' ' .'. ., ,t:",'1,...t t .L '.. ,.,-,,.:. b uu 't 'ii lttt t t111, " r'-i- ' ,, ti , .'!: ) .t"l-,: 't:.: i, ". I .' i I f,r'!c 112t,, I .t cl'l i 1,,' a.tit .'l ;'.:tt,lr.! ,1..'. r,.,. y.1: tt;';:t2 r,. T.l:' ,': ;1 '-" t't :lt' a, l)('i.rrl' ,'l '. i.t;i. i'ii. '1' lr ,l: '31i ':- /. - ,.;:, r ,( ;l; ,lt t Jr t-' ' . )i'.''' i-t tl '1"- -: ..1. rl' ':. )l . 'lr;. ., ';' :n;-,t. !^ : . .rI .. . t ., 3l'.'. ,' '; rt' :'', l)'l r' i I r! Act Nuiorul Clinute Clwnge Act m2l strrenglh€n coopcrative action on technolory development and rursfer. 61. The Technolory Mechanism esablished under the Convention shall servc thisAgr€ement. 62. Atechnolory framework is hereby established to provide overarching gui&nce to the work of the Tcchnolory Mechanism in promoting and facilitating enhanced action on technolory development and transfer in order to support the implementation of this Agreement, in pursuit of the long-term vision referred to in paragraph I of thisArticle. 63. Accelerating encouraging and enabling innovation is critical for an effective, long-term global response to climate change and promoting economic growth and sustainable development. Such effort shall be, as appropriate, supported, including by the Technolory Mechanism an( through financial means, by thc Financial Mechanism of the Convention, forcollaboraive approaches to research and development and facilitating acccss to technologr, in particular for early stages of the tochnologr cyclg to developing country Parties. A. Support including financial suppo4 stnll be provided to developing country Parties for 0re implementation of this Article, including for strengthening cooperative action on technolory development and hansfer at different stages of the technologr cyclg with a view to achieving a balance between support for mitigation and adaptation. The global stoclctake refcrrad to in Article 14 shall take into account available information on cfforts relared to support on technolory development and transfer for devcloping country Parties. Arddc tl 65. Capacity-building under this Agrecment should enhance the capacity and ability of developing country Partics, in particular countries with the least capacity, such as thc lcast dcvelopcd countics, and 0rosc that are particularly vulnerable to the advercc effocts of climate change, such as small island developing Statcs, to takc effcctive climarc change action, including intcr di., to implanent adapution and mitigation actions, and should facilitat€ tcchnologr &vclopmcnt, dissemination and deployment, acc€ss to climatc financc, rclcvant aspects of cducation, training and public awaneness, and the transparcnt, timely and accuratc communication of information. r: ,. ''.rl . ,;t[tt;r: 'r'i.t,t1\1. ) :rrtl()i\l)/ r,( - t " ".'"' h))'r! ' 't.''t'-' "| ' , ) J..r, '^. i..ilg; r L.r.,r : /l . r.r. riilrrii:l'i ,r . ';.lt 'ttt./,'i . ,'. ... .. s': t :(..:, lr', ,.'l ta:r- ? t'!1 it) r t .'- !l',ii:. t: /.,t. .,1, ltt , , ,. t:ytt" t,:., '!.:l .'tSi;;,..it f,;q ,; \ .,!;r;..i ..:.( ' bfl,i i1;r. ;..- ,,rit. ' / t., 'i ir ii' ri .btn.f , .t - ..,. . , , .,.,,..,- a( ; 11i,.:1'ti; (r! . . ^!.i , j-.. .: r1.". ) d l.l tr . ,t' ' .t'J l! '-i!',r"! ; 't. ! -t, ,t ,t '. ,.., rrt;. .r,, : .i ..it I 1., r : .lt' jli,;.; . ,:- fi,:rlirr... t?-, ( .,1.rtr-.t'.: L.,,t.. ., ..,i4!: .i: f1( .,.i., '.. . . . r' ' ,.. , ..i::.t. 5t al, ,' ,1rr,.; ..i , ,,,i f. -ll h,i.r i- f .ii ',1,s"i .('r) !r 'i ! 'F i,, '. fitl:,..'i ,. .:; .i -. -' 'i'2 2 -., .i"l' ', )'. -,c : ,.'J t : .;1 l! Act Natiorul Clirrute Clange Act m2l 6. Capacity-building should be countrydriven, based on and responsive to national needs, and fostcr country ownership of Parties, in particular, for developing country Parties, including at the national, subnational and local levels. Capacity-building should be guided by lessons learned, including those from capacity-building activities under the Convention, and should be an effective, iterative process hat is participatory, cross-cutting and gender-responsive. 67 All Parties should cooperatc to enhance the capacity of developing country Parties to implement this Agreement. Developed country Parties should enhancc support for capacity-building actions in developing country Parties. 6t. All Parties emlwrcing tre capacity of developing conntry Parties to implement fiis Agrcement, inclding iltrough regional, bilateral and muhilateral approaches, shall regularly communicate on trese actions or measuEs on c4acity-bnilding. Dweloping country Panies should regularly communfu:ate progress made on implementing capacity-building plans, policies, sctions or measuEs to implement trisfureeorcnt 69. Capacity-building activities shall be enhanced through appropriate institutional arrangements to support the implementation of this Agrcement, including the appropriare institutional arrurgements established under the Convention that scwe this Agrcement. The Conference of the Partics serving as the mecting of 0re Parties to this Agrcement shall, at its first scssiolr" consider and adopt a decision on fte initial institutiond arrangements for capacity-building. Artich f2 Parties shall cooperalc in taking measurcq as appropriate, to enhance climarc change education, training public awarpncss, public participation and public aoecsr to informatioq rocognizing thc importrnce of thesc steps with respect to enhancing actions under this Agrrcment. AiliCh T3 70. [n order to build mutu,al trust and confidencc and to promote effective implementatiorU an enhancod transparency franrework for action and r. ,.i.t )i -, ,t,irl$',i.',i\t.frU l$J ,. .tt . f; ,,i -.:li 1'l 'i r .Frt.,. I :i)it c, i.:.. ,,. .,:,,t,,,J t,:--.. l:r tr9;l;,1/1;'.r l.t:, .itl, , (; t 1 ,''. j'll . I lt , ..r i,Jl:'f t r ; t, 1t .,. r:Ui{ : ',;It . f l.:\: r. . ..,.,U. .,.i;i .; ,o,r l')',...r :' i,, )ttl l. , /,1 'ilr6' J,, t.i ll't"t',' : )'l':i-,? . r(ru' , b.,.:1... ,., !.)t .1.'r).rr .r - lll" qbt"l; ., ; 2lt .'ri'. 't ',':rr 'r ',' .Jl.3. . l. t J' . '' 't'\. e .'!.,.r!. ;nt,fl,lllri'- .t,l ,it. ' : ,(. i .: , lt2c... ',. te,,rrijn .1;t., i' . r ' lls:! r .: .: ,is rr ;.,rr:' tt )r!: r, 'il ,. ' .1 ')L ua, ,1, . . /r^r't'. .r.-..t.u[ilf.;11.1'1i r- 'il ri, .t . l, t., Jc.il.:tr ,. I r'rr !- 1'.:ll', .) gt ...{. ,,| . tl ,i. ,-! t. l.r ,. l tl. t )'.| . i l:r-' r!: t ,') rfj F I I l. (.. )rli t!" .(1, ,:1. l, !l'rl-.r t .t :'. . .J 1. ( rl Act National Clinute Clunge Act mzl suppo4 with built-in f,exibility which takes into a@ount Parties' different capacities and builds upon collective experience is hereby established. 71. The transparcncy frarnework shall provide flexibility in the implementation of the provisions of this Article to those developing country Parties that need it in the light of fteir capacities. The modalities, procedures and guidelines referred to in paragraph 13 of thisArticle shall reflect such flexibility. 72 The transparency frameworh shall build on and enhance the tansparcncy anangemilts under the Convention, l€cognizing the special circumstances of the least developed countries and small island developing Sateq and bc implcmented in a facilit*ive, non intsusive, non-punitive manner, respoctful of national sovereignty, and avoid placing undue burden on Parties. 73. The transparency arangements under the Conventioq including national communications, biennial reports and biennial update reports, international asscssment and review and inernational consultation and analysis, shall form part of drc experiencc drawn upon for the developmcnt of thc modalities, procedures and guidelines under paragnph 13 of thisArticle. 74. The purpose of the framework for ransparency of action is to provide a clear understanding of climatc change action in the light of the objoctive of the Convention as s€t out in its Article 2, including clarity and tracking of progress towards achieving Parties' individu,al nationally detcrmincd contributions under Article 4, and Parties' adapation actions un&rArticlc 7, including good practices, priorities, nccds and glps, to inform the global stoclctake underArticle 14. 75. Thcpurposcofthc framcwo* fortsansparency ofsuppon isto provide clarity on support provided and tpceived by rclevant individual Parties in the contcxt of climarc change actions undcrfuticles 4,7,9, l0 and I l, and, to thc c:crcnt possiblc, to providc a full overuiew of aggregate financial support providd to inform fie global stoclrtake undcr Article 14. . \.:ri')t trr/. .i )t" 1 r.r' ".,g1 ,. ,..'''.r. ., l'ri, r!'sn r) ,' t) . U' tlt( t7 z, l. l-- .l l't ", ! )t '.;t :., ii , t ,.!'l.il ''(I )t li,'t ,L i; ), :. . i';!) lt .r ', 1, r " '.1 :'l'tl i;..rfl? ;r,'$ ,. .. ,tb:, l)f: - r'-drif, 'rl.Jtr:) t-' Xl',, r l3t' ' lri 'oto t '. l;t.'i1,,..!'l n i .s,,',' ,t .,21 yr11'. i,r., 11 , r.,f! ..),.. ,i .l .' 1,,t '; : I ,t , ,i ff, i.,'>J . t e';l:,li'. .;Lftt' ) .r' ti t \. t .1. ',1 ')z l. r ,i l. .ll Jd l:i' .. r I rl I ,t t. , 'r ) Act Natiorul Clinute Clange Act 76. Each Party shall regularly provide the following information: mzt (a) A national inventory l€port of anthropogenic emissions by sources and removals by sinks of greenhouse gises, prepared using good practice methodologies accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conferpnce of dre Parties scrving as the meeting of the Parties to this Agreemenq and O) Information neccssary to track progr€ss made in implemcnting and achieving its nationally detennined contibution under Article 4. 77 Each Party should also provide information related to climarc change impacts and adaptation underArticle 7, as appropriate. 78. Developod country Parties shall, and o0rer Parties tlrat provide support shoul4 providc information on financial, technolory transfer and capacity-building support provided to developing country Parties underArticles 9, l0 and I l. 79. Developing country Parties should providc information on financial, technologr transfer and capacity-building support needcd and received under Articles 9, l0 and I l. t0. Information submittcd by each Party undcr paragraphs 7 and 9 of this Article shall undergo a technical expcrt review, in accordance with decision llCP.2l. For thosc dcveloping county Parties that need it in the light oftheir capacitics, thc rpvicw proc€ss shall include assistance in identi$ing capacity-building necds. In addition, each Party shall participaa in a facilitativg multilarcral consi&tation of progress wi0r r€spect to cfrorts under futiclc 9, and its rcspoctive implementation and achicvement of iB nationally dacrminod contribution. 81. Thc technical cxpert rcview undcr this paragraph shall consist of a considcration of the Pany's sugport providd as relevant, and irc implernentation and achicvement of its nationally determined contribution. Thc rwiew shall also idmtiry areos of impnovement for l'rr, !r Y ,I.ii rri I !'r) lr" r( / * /rCC NtJl.. " CALL N(): ... Zfi nU{i "J I * i l,: t:.1. -..''" r. A r;,t'J LA '- 'l r')l r2l'...',i\ )',r',rtt',i\' ) \r1'1q11';7 iJr a'.i.' ')t :, 'r',t,; 1) .f I .'.,'tr Jf;.'i)r, " t":',!ci1 '. . :rJt)<'i .:.li.r.lt tx'.: . 'li t,)i' ,r,r. !,n.;fi; .t' )1.,1, ili l.J t-t .'i, :, : ,l-,i;gtill,(j rgi,fii: ,. f .. ' lr itt,1 -t|2trii,.'t.r'!'!iI: ' ;.. l,lil ,ltr./r.,rr .'.i.' r.,i' ; . -i,. .: i.tt l,t ri:t ') l, l.' ,l ':t I (t':.. I i it. -'.t,;r, i , ,,'t.'..': ,, t !! .i't r.,,t.. '. .'. .-r 1,1i, ;;;.''l3ii; i. !,t11;t,.s -t)irl l,r.t:,; .1,.c l! / t i,b-.:...tt.'clrrr' !r''rri tra r L. J::ir.| ' l' i. 'i.. r : ',t {'r-' l)<.'.iir. " tl'.', 'tl,' t '1 , '),,.: : ,.f;, rlilr.t...l r,!: i;')lii ,r,, '1' .,).6t11, ,.. -t i,ti' t't'-. t., . 1-'r , r' ..li?- i ) ll'- t .i i1 ..' ' . t'' i', tt,J,i,tJ, t,|':. |' ,-,:.t,:,21y; .rl. I :) r'r" '.,; '. .t t i., ' ' r.l ,,' '.r 'l ,tt. r( Jl.. l''..1 ," ! ..-.':,. ! t rl" ;.t ,. ..f!l lr. "... , I :: t ;' , ,[ t ':(i, '- .r ) 1., i,..1'f i t 't'.i' '.r' l .l Act Natiorul Climote Change Act m2l tlre Party, and include a review of the consistency of the information witlr the modalitieq procedures and guidelines referred to in paragraph 13 of this Article, taking into account the flexibility accorded to the Party under paragraph 2 of thisArticle. The review shall pay particular attention to the respective national capabilities and circumstances of developing country Parties. t2. The Conference of the Parties serving as the meeting of the Parties to this Agreement shall, at its first sessiolr, building on experience from the arrangements related to transparcncy under the Convention, and elaborating on the provisions in this Anicle, adopt common modalities, procedures and guidelines, as appropriatc, for the transparency of action and support. t3 Support shall bc provided to developing counries for the implementation of this Articlc. E4. Support shall also be provided for the building ofransparency-rclated capacity of developing country Parties on a continuous basis. Artich f4 t5. Thc Confercnce of the Parties scrving as the meeting of the Parties to this Agrecment shall periodically talce stock of the implementation of this Agreement to assess the collective progr€ss towards achieving the purpose of this Agreement and its long-term goals (refened to as the *global stoclctake"). It shall do so in a comprehensive and facilitative manner, considering mitigation, adapation and the means of implementation and supporq and in the light of equity and the best available science. t6. The Confetrncc of thc Partics scrving as the meeting of the Parties no this Agreement shall undertakc its first global stocktake in 2023 and cvery fiveyears thereafter unless otherwisc decided by the Conferencc of the Parties serving as thc mecting of the Partics to this Agreement. t7 Thc outcomc of the globol stoclctake shall inform Parties in up&ting and enhancing in a nationally detennined manner, their actions and '' t. 't.-. -. . .r.-;-l''' \t::.tltid,/ , : ) ,i tt)'.r Jrli8l,ir.J),: f':...gqL : i" (- ii,3. 1ir:r rrt :..S li'. , ct .,'! :l ,,ri e l'.lf', I ': t' i.t'.'-'iJ rtitr, t) ,,|, t, .t'. :1 ,: lt l'' .' ln "ri 1'. .r1 31: l ;r '.;rii,,,r;,.' , l. l,ir ,.J ll.l, ..lit.. .:::: i, iB Jt. /'l !, t .'- i,l .. /rJifluq , l: i,r z-itii .l .5-;r ,.1'1.riri;r; ',;11t1,t , 21tl' ..\. ":. :. ,, .r.- ,,( rr.r'lob,; i t(,,,t.. -i' ,vli i'r 1!,)t';l : )rl'f;;9 I i. i1; .";r;; tt,tJ',; : ., 1r't'. :l.t lf ..Jt J' )i,. . 'tt I iii:.'f.'. ,: i'1, l. ) )f : ',i a ir:''l !Q, rl t t'/ i ,f: .' ,..,i . .tl ,-.- l, t. l: f t' .,'$,qi! ..(' .: lr. l5t'.t l'1r- tlr t'. :J.o.'l1 r'..'t . .t i,t. ) :.l 'r:.r .Ji.r(; ',' t.l ! .f' ','l- ' ':: '- i'-'j, '',j !'l: .'' -f . ,'..' ,. ' ,.f '': ;lir .... I:i:,,'tti :li )l I (, 'tl :'l ,, .':' j'.: r..':.'..'i:r"r t. ? 'r .l 'f Act National Clinute Clunge Act mzl support in accordance with the relevant provisions of this Agreemenf as well as in enhancing international cooperation for climate action. Artich l5 tt. Amechanism to facilitate implernentation of and promote compliance with the provisions of this Agreement is hereby established. 89. The mechanism referred to in paragraph I of this Article shall consist of a committce that shall be expert-bascd and faciliative in naturc and function in a manner that is transpar€nt, non-adversarial and non punitive. The committee shall pay particular attention to the respective national capabilities and circumstances of Parties. 90. The committcc shall operate undcr thc modalities and prccedures adopted by the Conference of the Parties serving as the meeting ofthe Parties to this Agrecment at its first session and report annually to the Conferpnce of thc Parties serving as the meeting of the Parties to this Agreement Articb f6 9l The Conference of thc Parties, the suprerne body of the Convention, shall serve as the meeting of tre Panies to thisAgrcement. 92. Parties to the Convention that are not Parties to this Agreement may participatc as obacrers in the procoedings of any session of the Conference of the Parties serving as the mecting of the Parties to this Agreement. When 0re Conferencc of the Panies serves as the mecting of the Parties to this Agrcement decisions under this Agreement shall be taken only by thosc that arp Panies to 0ris Agrccment. 93. When thc Conferenceofthe Patics servesasthe meetingofthc Parties to this Agrecment any mcmber of the Bureau of the C,onference of the Partics reprcscnting a Party to thc Convention but, at trat time, not a Party to thisAgrecment, shall be replaccd by an additional memberto bc electod by and from amongst the Parties to this Agreement. t2t tt .. "t 1", .. l'r)l'': lr'.i Jal It.rr1: 'i,i ... t ,l't r '-r! i ', lt )..trll;t ',1 ,'\. l\lll. t,, ,tri'.r.- L i. -,;r'."-rfi. (, (! ,l la 'i1.!, i,i! la ,. ,'tit',t.' ':' 1,. ,):'i .,r'-f'r:''i", .it l;ii:$-yti:r.: ri.., i !:fr, ?ril:g, .-t. i, .,,-.' ',rt.' 1.., g.' , ',:li : i ' : 'i", ;'. .r,'-. .t 1,:"'i,'.rj '!. ; .. lrr! a',i"i,;r ,,!l r i,.'-,r'' ! -).' l,.:. ..') 4\t t ? )i!lJ. 1. -.;il-;. ,e.i)! i ':l ' 'r ,tt'll:i l.; ; ': fl., .t;. j t. I i ,,lt ') , ,. Act Natiorul Climote Clunge Act mzl 94. The Conference of the Parties serving as the moeting of the Parties to this Agreement shall keep under regular review the implementation of this Agreement and shall make, within its mandate, the decisions nec€ssary to promote is effective implementation. It shall perform the functions assigned to it by thisAgreernent and shall: (a) Esablish such subsidiary bodies as deemod nec€ssary for the implementation of this Agreemenq and (b) Exercise such othcr functions as may be required for the implementation of this Ageement. 95 The rules of procedure of the Conference of the Parties and the financial proccdures applied under the Convention shatl be applied mulatis mutandis under this Agreement exccpt as may bc othenpise decided by consensus by the Conferencc of the Parties serving as the mecting of thc Parties to thisAgreement. 96. The first session of the Conference of the Parties serving as ilre meeting of tre Parties to this Agreernent shall be convened by the secretariat in conjunction with the first session of the Conference of 6e Parties that is scheduled after the date of entry into force of this Ageement. Su@uent ordinary scssions of the Conference of the Parties serving as the meeting of thc Patties to this Agreement shall be held in conjunction widr ordinary sessions of the Conference of the Partics, unless otlrerwise decided by the Conference of the Parties scrving as the mecting of thc Parties to this Agreement 97. Extraordinary scssions of the Conference of the Parties serving as tlre mceting of thc Parties to this Agrecment shall be held at such other timcs as may be decmed noc€sssry by the Conference of 0re Parties servingas the mcetingofthc Parties to 0risAgeementoratthe written rcquest of any Party, providcd th+ wiftin six months of the request being communicated to the Patties by thc sccraariat, it is supported by at least onc third of the Parties. 9t. Thc Unitcd Nations and is specialized agencies and the Inrcrnational Atomic Energr Agency, as well as any Statc member thereof or a it'l t.' ...\/-t 1., ,Jrl, t.:.!, .. yt'rr'l'r ) .rlr.rtt..'' ) i: nttttiil.I. It!, ,.. .^, : i ,.|.. t 'f'., .. if:l I : ,", -,! 'i;i'r:., l) ttii lq- t t .. l: I ;lrit,,', .,'i r.,'." .)'-' t' I l: I )l '',- ' ,'lt ,r :,,, i :',,6 , ir' ,rJ .t l',:<.i.i: tt:; )lr ,' .,,i. i,. i .'rt,i. . . 1. . Z,zJt. I .ir ,r. .',:-- Jr: f ',t ": ..'.-t '',llt C!, llt'rljlIl lr'l' flr?tt t,t ti : ,! ;;, lt,i , )', I,rr, ,',''il ,..tr ': . ,',j '--t' ' 'rl' ' t1' .t ';, i.,.:);;L,. . 't':it t; .,.: "'t 1' t'" i r. . .'.. ' t'): r ,ril.r 1(r ,s .. ,iltt,i-t;. . il- , ,.J,',.( .. ll i1,,,'1r(t . .f , r. ) ,2 !1'),,, .. t. ,l:'l .' , ',, i;l(t$',;rr,';Atl .2-C;t1 .t,' ,.'-.1 .: )'rta ,.i, I ,-l 2.,litf,o, ,tfl; .l t,'t , "t: tl))..t..t1 ',,i.t,r't!Itl,'yrlt;tr-,t561 -2ii 3, ,r '/l ,, : .r,)1,.. .!. :;i ,1 i ,1t ll.i i ,l .;'j I I ir' 'j It .tl tl ti< .'! QtJ /l(l i l','jfl.t i li " . '- I ir' ,J', ,..., r..;i:i:'.,,2..') t'.! 1,t .'.. lrC..:.u.frri .l ..:r.r.' .r! '. .f ;ir1f,ty ;ir'n .i ti;t',t. l-',', .' it,!',"'.lti . :'r : rj' f/jll: flr )l :. i.r'l ,. '.^r-91 5.', .)';' /!. '.r,J! - t i,l:'rl r\,r\r)tN,.ll',.'.ir)\t.t'.r. : ljlt ",:)r', ji . - , ,()it'r.;ill tdt ';:i71it,r .: f.t</, -1. .r.(l..' . ,lrr.ii .t:t:,' 1rr I t,r-t ; .t '.'. tr'-t:-,,:it' 't t ',,i il:.i,. i,Jii'.' '- "-:r .. t,,li t. Lr., l., I fi' ' e :: (r,zr.P' '11, i i l.l ') r. 'l l.i' t Uc l': ,r'.r.-,' l ,- .1: ;i , t'rli . '\' " ui .) ' I ' r.'r .1 il t.' \ rO / ft, ; . J .'.:'-' ,.t t.tt a Act National Climate Clwnge Act m2l observers 0rereto not party to the ConventiorL may be represented at sessions of the Conference of the Parties serving as the meeting of the Parties to this Agreement as observers. Any body or agency, whether national or intemational, governmental or non-governmental, which is qualified in matters covered by tbis Agreement and which has informed the socraariat of its wish to be represented at a session of the Conference of the Parties serving as the meeting of the Parties to this Agreement as an observer, may be so admimed unless at least one third of the Parties present object. The admission and participation of obscrvcrs shall be subject to thc rules of proccdure referred to in paragnph 5 of thisArticle. Articlc l7 99. The secretariat established by Article t of the Convention shall serve as the sccretariu of thisAgrecment. 100. Article t, paragraph 2, of the Convention on the functions of the secrptariat, and Article t, paragraph 3, of the Convention, on the arangements made for the functioning of the secretariaf shall apply matatis ntutotdis to thisAgfeement. The secrpAriat shall, in addition, exercise the functions assigncd to it under this Agreement and by the Confercnce of dre Parties serving as the meeting of the Parties to this Agreement Anticle lt l0l. Thc Subsidiary Body for Scientific and Technological Advice and drc Subsidiary Body for Implemcntation established by Articles 9 and l0 of thc Convention shall serve, respcctively, as the Subsidiary Body for Scicntific and Technological Advice and the Subsidiary Body for Implancnation of this Agreement. The provisions of the Convcntion relating to thc functioning of thesc nyo bodies shall apply nutatis mutodb to this Agrcement. Scssions of the meetings of the Subsidiary Body for Scicntifis and Tochnological Advice and 0re Subsidiary Body for Implementation of this Agreement shall be held in conjunction with thc moetings of, respectively, the Subsidiary Body for Scicntific and Tcchnological Advice and the Subsidiary Body for Implcrncntation of the Convcntion. a t t !'r;I ,' :. ,"') zi' ' ' -'.-,lt ?.i. '.. , i; .c;.' , ,(, ,-;,.. .g'1' .3 ,; rfr 11 i ,.31 ", ' .'.t tti.z,t t-'',. ?. it.r,1 :U 1,.. I t., ;. J.! r. r. t- at '':1.., ,t li !'.tJ' rt". ..',. l. ... l' ) 't (tr.::,."..J.. ,fl. '' !' ) 'i:('t" i' rlt t,'-. 9-i. ;: 1,' , I flu ,iri' ttl't;l'. ' 'r,tl "rir'<' .t - tlt, .:)il .iri, :.,: lr.ili 2'i' '':'l::E' 1 rrit:i:rr'-) ,''.,n!1,7i ciiii 'i.ci . ,r'i)r .r " ' Jti)'. :1't', -) ;, ix)iii.A ' ii t,, tJ't.'.i I r,s i'-,'i :(. , , ,' ,r 11. F.ii. t '),1'. l. :: .1. ': ' ,] -!,.,' l'o ,il :r,..:- .r.) ), qi .1. 'tl , ,..1 -r I j :.| a "a' ,' tt Act National Climate Change Act mzl 102. Parties to the Convention that are not Parties to this Agreement 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 Agreement decisions under this Agreement shall be taken only by those that are Parties to thisAgreement. 103. When the subsidiary bodies established by Articles 9 and l0 of the Convention exercise 0reir functions with regard to matters concerning this Agrccrncnq any member of the bureaux of those subsidiary bodies rcprcsenting a Party to the Convcntion but at that time, not a Party to this Agrcement, shall be replaced by an additional member to be elected by and from amongst the Parties to this Agreement. Artich 19 104. Subsidiary bodies or other instinrtional arrangements established by or under dre Convention, other than thosc referred to in this Agroement, shall serve his Agrecment upon a decision of the Conference of the Parties scrving as the meeting of the Parties to this Agreement. The Conferpncc of the Parties serving as tlre meeting of the Parties to this Agreement shall spcciry the functions to be exercised by such subsidiary bodies or arangements. 105. The Conferpnce of thc Parties scrving as the m€eting of the Parties to this Agreement may provide further guidance to such subsidiary bodies and institutional arrangements. Articlc 20 105. This Agreement shall bc opcn for signature and subject to ratificatioru acccptance or approval by Statcs and rcgional economic integration olganizatiom 0rat are Fartics to thc Convention. It shall bc open for signanrre at thc Unitcd Nations Heedquarten in New York from 22 April2016 to 2l April 2017. Thereafter, thisAgroement shall be open for acccssion frrom the day following drc dare on which it is closed for signature. Instnrmens of ratificatioru acc€ptanse, approval or acccssion shall bc dcpositod with thc Dqositary. !a { ..- )t. .8r\t:i') s\ilir\i\ ) \r:t,t'i\rr,, l) t'\ . rl.'t. j'1.:f. ".,'r ll'.:-' 1.,"'i! 't. ,t .r 19 fl ; t,ii, :t 1 '.. .t,,lit:.|' ;lr)lfb\ ;",,.'.:'i( t l;' ril-'-.,t' '. ', .l '.":1'1';'r''. 'r,,: t;'l', . r" :l nr)t:..'r! .r! ' ... f ... lfl..,t .i:,.A l:,!.1 t, ,. lt: ,.'j uilUo;'..rj.lS' (.tr',rrt'11 .., liSf:,.1i1. , ' i) t.i'. ( rl | )/ ,. ,1. ,,t''u ;5(.i t1,'1,.; 'i,'!r'h, ), l. .r. .t l'. :']rt.i ,ir .l ,.. .ttti. -,i,t,) lr . t ?'.-:,1) 't r'i:'. r :t,tni'i!t:.itt ti,.,. :.'. -.,' ' ' , ,, '',<i' i .l.r r,'rr,1 r1 .; r; i t )lert-.- . l. a I i r," ,,i t, ,l tt ,1.. ti' ;...ft 't , .tl. l- .,.U .. .i, l's.ii. ." , rr):. /. '). i',,i , ;(- 't , 't'r '.t .-j h'i rr !:"r, '? i'. ',r'ij?...1 t'2.1.! n! .iJ i ll., l(t,.r ,r:r.r)ig)'. i,,t...tr11'.r1. ;...1;t',, .(': I li)l"tr:.:! LJi' - tr' (1. rif,r'<' ". ,..,i't ),.51 ,j I]. i t r;"'r.ta ii tl';i;'r,r it '.t2'l',' ) ''- r': :'. i ,l ,( !.' t , ..j ':' u' .t't--| , ?irl'l' itr ) l )t.9l,,)t, rl3:i,, fr., r .'- r '.1 'l t' 1.. i'.: :,'. i 1(,, li ti)'i,' ). t'. .{ t ll ,-.. .r illt-.'lflr). i ,. ' 'tr..'J ) ,.'.'r,.','. -, '.,-':'3-l . .. .,, i: r l'. , l:r-' - 'l.i : I r!1,i;t '',r tt 1.. ,q't., .. I tt -: ni rUr --. .. , ti.'. . i ' u,':l ,n Jo. :,rl' t "' Lt ', ,ij , rtr l, I r(: i'.'l ,'rit,?. .;'Ii ' 'l i''ii' :t , .. 't; . .'t1.1 ')" 1, .:1 ) ) ,.':r ., I 1..!'.1. t t. |. , . ir r ii*., ', t:t "i' ,. iui ! ,. .1, I I flr': c.. ,. ) a Act Nattonal Climate Clange Act m2l 107. Any regional economic integration organization that becomes a Party to this Agreement without any of its member States being a Party shall be bound by all the obligations under this Agreement. In the case of regional economic integration organizations with one or mone member Sates trat are Parties to thisAgreement the organization and its member Sates shall decide on 0reir respective responsibilities for the performance of their obligations under this Agreement. In such caseg the organization and 0re member States shall not be entitled to exercise righs under this Agreement concunently. l0t. In their instnrments of ratification, acceptance, approval or accession, regional economic intcgration organizations shall declare the exrcnt of their competence with respoct to the matters governed by this Agreement These organizations shall also inform the Depositary, who strall in turn inform the Parties, of any subsantial modification in the extcnt of their compctenc€. Artich 2l 109. This Agroement shall enter into force on tlre thirtieth day after the darc on which at least 55 Parties to the Convention accounting in toal for at lcast an cstimal€d 55 per cent of the total global greenhouse gas emissions have depositcd their instruments of ratificatioru ac@ptanee, approval or accession. I10. Solely for the limitcd purposc of paragraph I of this Article, "total global grccnhousc gns cmissions" means the most upto-date amount communicatod on or before 6e datc of adoption of this Agreement by the Parties to the Convcntion. lll. For cach Statc or regional oconomic intcgration organization that ratifieq accepts or appnovcs this Agrcement or accodes thereto after the conditions sct out in paragraph I of this Articlc for entry into forcc havc been fulfillcd, this Agrecmcnt shall enrcr into force on thc thirticth day after thc datc of deposit by such State or regional cconomic intcgration organization of its instmment of ratification, acccptancq apprcval or rccssion. t I r. F. '.,25rur\ ) str:rii\-.) \rx,(ri\ij,, ,ij,, rii'q':t.r;' r-! r., ?,,'-'(rt , ,.',,- -,ift i .-t ,lt ti .)i-, : Gii ,. rl..: i ,: . ..,fr,,( .. ) t,',t rr!,Irtrt. llrb6 tt . f: -r fr, '. 'rf ..r 'v'.:i 1'411.) .r J9rl'.tr.'.) r'i , f: ''l ,d:,' . 'i ,Q ',,ir-1., )-i i !.1';.'t '.rrl.. .t ' /.t \\. ll\ L\ r,'r,r" l i i .-.1'.il'1. : .?t l, t',.r ,h.i, ,i, It2 ttt ,.: / -fiO .lfl I (' , '1,( (tt ,,rt ffllll?r,: i. - . ,1,.r: :{ / . i ' j,- , lr' ..3r(rl flE fi (.'i i, jrla ,tti)r ..J'.r.. ..t1'-tl. <,tll , ..:'.tt ).il:'r e 'rOl t12l'', 1r1itt I z>t .r:. ',.,)ll-,r.,1,1 i(, lii',-' lz'I . :.:::rn!'Ji,r ! tl,,tt:. l' .1t1i,i r.'r:- 9;: f l.' r. 9., '. tr, , "' .'-?: n:Jll'j: lI; l't'- 4t li:l t ) . r[- r. ,:;].9',ii.' .t tft'-d o )':rit LJ \ :S, .'j .) t).t ( ' la't'' J ",.jt7 e'J/'t1'l\ .. '.('., .i 3 r'iqi'"iirD d '.' l ifi,:- r ,. l: 'l):] t 'i I I ll'r.!.: r t r1,-, .a .,td ai ti, , .' i t, '.i r'.' ,q 31''l ,..'.' i, ilrfor, ll. 1i; ,'r,.;112i[ I 1,.1'lr i '' ': -rtl', .,, , )'t' I J l)'. :. ... 'l ,J if' '.; r !,8: J .,J'-tl. ,1.-< t.. 't: t'l ;,i I I ,d1;r';' 2ti i:'.t lt .':' ,i "j " r! ['tl'' 1'l l.' ). va Act Natiotul Climate Clange Act mZl ll2. For the purposes of paragraph I of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by its member States. Artich 22 The provisions of Article 15 of the Convention on the adoption of amendments to the Convention shall apply muatis muodis to this Agreement. ArdchZI I13. The provisions of Aniclc 16 of the Convention on the adoption and amendment of annexes to the Convention shall apply mutatis mumdis to thisAgreement. I14. Annexes to this Agrrcment shall form an integnl part thereof and, unlcss othetwisc expressly provided for, a rcfercnc.e to this Agreement constitutcs at the same timc a rcference to any annexes thercto. Such annexes shall be restrictcd to lists, forms and any other marcrial of a descriptivc nalurc fiat is of a scientific, technical, procedural or adm in istnative charEctcr. Article 24 The provisions of Article 14 of the Convention on settlement of disprtes shall apply mutatis muodis to thisAgreement Article 25 I15. Each Party shall have one votc, except as providod for in paragraph 2 ofthis Articlc. 116. Regional oconomic inrcgration organizations, in maffen within tlreir competencc, shall excrpisc tlteir right to votc with a number of votes cqual to the numbcr of their mernbcr Sts!6 that arp Parties to this Agrccment. Such an organizarion shall not cxcrcisc its right to votc if any of its mcmbcr States cxercises its dght, and vicc vensa ,-'.) r.., / it',t e.,r-'.i ..i.rl * iltl Nr,..., ' ,'' I fl1 ,l.. 2 6 atlr.' il i .l ,. r'-i.. -rp;t,:tl.'.) S\l)lrri\') \r nniU/, \S tl r; |'rl. '' ,rrJi l' I :,1' r't l'i'. tr.; '- ,1sr: t'.. 7, c,'1.' .t'i9r,t),- i.-.' 1 a. .r.l . J.rr J.I .rstn (1. t:!,,r.".1i ;/ t, rr' :'t c i : rt 'l] I .1,'.t '. ')1 7' '' i"'tr /ft6 I r\ I : ,t. - i't, r .r j. 1 ,rr :- ,i , r ,rJr; ,rg19lq.2 2gri i.. '' Jri 1i r.2!.'itt', i I tuz .!nl, .: :, ir-,gl:sb .,.11 .1!rtz,t , .,,''51 :: ii r i, ..;; ,'i..r 'i ,iJ 'i.tttct' rb r, .l- . ,J: i ) . ,.'\', <,t) -.".tt 6 :r't ::r' a' ,.no .r,r' r -I'..;rl i:/16 I lt'.lr;, )t ' I ti,i i l.i' r'l ,i' ,Jrn . i.::. t' ::. - I :' i-'l'$ ttGtei:rJii .rle691{ ,,1; ",. f ..1 .,'.,)- .:c;: .)i. ,rt't tl]1t ,i ,t t4 . r,( ,:?-: .:i,l I J to Act Natiorul Clirnate Chonge Act Article 25 mzt The Secretary-General of the United Nations shall be the Depositary of thisAgreement. Araicle 27 No reservations may be made to thisAgreement. Article 2t l17. At any time aftcr three years from the datc on which this Agreement has entered into force for a Party, ftat Party may witrdraw fr,om this Agreement by giving wrinen notification to the Depositary. I I t. Any such withdrawal shall take effect upon expiry of one year from ilre date of roceipt by the Depositary of the notification of withdrawal, or on such later datc as may be specified in thc notification of withdrawal. I19. Any Party trat withdraws from 0re Convention shall be considered as dso having withdrawn frrom thisAgrecment. Articlc 29 The original of thisAgreeinent, of which theArabic, Chinese, English, Frenclu Russian and Spanish ter(s arc equally authentic, shall be deposited with the Secretary-General of the Unitcd Nations. DONE at Paris this twelfih day of December two thousand and fifteen. IN WITNESS WHEREOR the undcnignc4 being duly authorizpd to ftat effect have signed thisAgrccment la r'r'- .r2ilfrl\ ) s'.,1i1,.'.\' l',ssrli\ul, lrl I ,.::n: ! :rri r;,' "9"r:-)',f ii,i, ;i ,f)r!lt, /,-?i ) :.. . tl.zt.iJa 'tl.,ll r;:tA,ti'l ! ir-'..:;.)| 1i-.1r11.t',1:'..1 r.:.) i I l I $ )a Act National Clinute Clange Act Crus References National Environment Act, 2019 Public Finance Management Act, 201 5 Local Government Act (Cap. 243) mzt a aa .! t- ,' : .. ,. ,1. .r I.l;1..,. ,.nu ,t '', !'. .!'.t, ,[1r]" ,. 1,.;,1r1;,.r ,, : it. ,1.- ,.i. t r. I a THB R.EPI,'BUC OF UGAI{DA .. r,> I ) l't 'i''l'j' i... '-i, | ... I i,ir . -rr\.r,nL/\ 2 6 nt;l i;. i* ;\C(: rJr'J: (:nt.L rJr) This printed impression has been carefully compared by me with the bill which was passed by Parliament and found by me to be a true copy of the bill. h,, Date of authentrcatron, !.6. h 2eLl I