Climate Change Act, no. 3 of 2024

91 No. 3 ] Climate Change Act [ 2024 SAINT LUCIA No. 3 of 2024 ARRANGEMENT OF SECTIONS Section PRELIMINARY 1. Short title and commencement 2. Interpretation 3. Force of law 4. Purposes of this Act 5. Act binds the Crown PART I ADMINISTRATION Division 1 Focal Point or Contact Point 6. Focal point or contact point Division 2 Functions of the Department 7. Functions of the Department Division 3 Climate Change Committee 8. Appointment of the Climate Change Committee 9. Chairperson and Deputy Chairperson of the Committee 10. Functions of the Committee 11. Powers of the Committee 12. Meetings of the Committee 13. Quorum 14. Declaration of interest 15. Recommendations of the Committee 16. Recording Secretary 17. Committee to regulate its procedures 92 No. 3 ] Climate Change Act [ 2024 PART II CLIMATE CHANGE ADAPTATION POLICY AND NATIONAL ADAPTATION PLAN 18. Climate Change Adaptation Policy 19. National Adaptation Plan 20. Public review and comments PART III GREENHOUSE GAS EMISSIONS 21. Greenhouse Gas Inventory 22. Greenhouse gas emission reduction target PART IV NATIONALLY DETERMINED CONTRIBUTION 23. Nationally Determined Contribution PART V MISCELLANEOUS 24. Research on climate change 25. Standards and codes of practice 26. Amendment of Schedules 27. Regulations SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 93 No. 3 ] Climate Change Act [ 2024 SAINT LUCIA No. 3 of 2024 AN ACT to implement the United Nations Framework Convention on Climate Change, the Paris Agreement and the Kyoto Protocol to the United Nations Framework Convention on Climate Change, to provide for the functions of the Department responsible for climate change matters, to establish an electronic climate change database and the Climate Change Committee, to set the parameters for the development of a Climate Change Adaptation Policy, the National Adaptation Plan, the Nationally Determined Contribution, and to account for greenhouse gas emissions and for related matters. [ 15th April, 2024 ] BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the House of Assembly and the Senate of Saint Lucia and by the authority of the same as follows: I Assent [L.S.] ERROL CHARLES, Acting Governor-General. March 18, 2024. 94 No. 3 ] Climate Change Act [ 2024 PRELIMINARY Short title and commencement 1.—(1) This Act may be cited as the Climate Change Act, 2024. (2) This Act shall come into force on a date to be fixed by the Minister by Order published in the Gazette. Interpretation 2. In this Act — “Action for Climate Empowerment” means to empower all members of society to engage in climate action, through six elements, namely, climate change education and public awareness, training, public participation, public access to information, and international cooperation on these issues; “adaptation” means a process of adjusting to actual or expected climate and its effects that — (a) in human systems, seeks to moderate or avoid harm or exploit beneficial opportunities; and (b) in natural systems, may be facilitated by human intervention; “authorized officer” means a person appointed by the Public Service Commission; “Adaptation Fund” means the Fund established in 2001 under the Kyoto Protocol to finance concrete adaptation projects and programmes in developing countries that are party to the Kyoto Protocol and are particularly vulnerable to the adverse effects of climate change; “best available science” means the latest research and observations from an organization, such as the Intergovernmental Panel on Climate Change and the World Meteorological Organization; “Chairperson” means the Chairperson appointed under section 9(1); 95 No. 3 ] Climate Change Act [ 2024 “climate change” means a change of climate which is attributed directly or indirectly to anthropogenic 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 Adaptation Policy” means the Climate Change Adaptation Policy under section 18; “Climate Change Research Policy and Strategy” means the approved research policies of the Government to enhance and promote collaboration on climate change-relevant research in the country to provide the necessary guidance for research partners to plan and undertake fit- for-purpose studies with the potential to contribute in a meaningful manner to sound climate action, development and decision making; “climate priority sector” means a sector listed in Schedule 1; “Climate Change Technology Centre and Network” means a body mandated by the United Nations Framework Convention on Climate Change to assist developing countries in spreading environmentally sound technologies to address climate change challenges. “Committee” means the Climate Change Committee appointed under section 8; “damage”, in relation to “loss and damage”, means a reparable impact of climate change; “Department” means the Department responsible for climate change matters; “Deputy Chairperson” means the Deputy Chairperson elected under section 9(2); “emission” means the release of greenhouse gases and their precursors into the atmosphere over a specified area and period of time; “emission reduction target” means the emission reduction target under section 22; 96 No. 3 ] Climate Change Act [ 2024 “global stocktake” means the process for periodically taking stock of the implementation of the Paris Agreement to assess the collective progress towards achieving the purpose of the Paris Agreement and its long-term goals; “Green Climate Fund” means a global Fund established under the United Nations Framework Convention on Climate Change dedicated to help fight climate change by funding projects that aim to limit or reduce greenhouse gas emissions in developing countries, and to help vulnerable countries adapt to the unavoidable impacts of climate change; “greenhouse gas”— (a) means a gaseous compound in the atmosphere that is capable of absorbing infrared radiation, thereby trapping and holding heat in the atmosphere; and (b) includes carbon dioxide, methane, nitrous oxide, and fluorinated gases; “Greenhouse Gas Inventory” means the inventory prepared under section 21; “Intergovernmental Panel on Climate Change” means the Intergovernmental Panel on Climate Change established by the United Nations Environment Programme and the World Meteorological Organization that was endorsed by United Nations General Assembly in 1988; “Kyoto Protocol” means the Kyoto Protocol to the United Nations Framework Convention on Climate Change adopted on 11 December, 1997 and as subsequently adjusted and amended, the text of which is set out in Schedule 2; “loss”, in relation to “loss and damage”, means an irreversible and permanent impact of climate change; “loss and damage” means the economic and non-economic experienced impacts of climate change, despite mitigation and adaptation efforts; “member” means a person appointed under section 8; 97 No. 3 ] Climate Change Act [ 2024 “Minister” means the Minister responsible for climate change matters; “mitigation” — (a) means an effort to reduce or prevent emission of greenhouse gases; and (b) includes — (i) using new technology and renewable energy, (ii) making older equipment more energy efficient, or (iii) changing management practices or consumer behaviour; “National Adaptation Plan” means the National Adaptation Plan under section 19; “National Designated Authority” means the person or body designated as the focal point for the Green Climate Fund; “Nationally Determined Contribution” means the actions that parties to the Paris Agreement plan to undertake to reduce greenhouse gas emissions and adapt to the impacts of climate change; “Paris Agreement” means the Paris Agreement to the United Nations Framework Convention on Climate Change adopted on 12 December, 2015 signed by the Government on 22 April, 2016 and entered into force on November 4, 2016, the text of which is set out in Schedule 3; “Permanent Secretary” means the Permanent Secretary in the Ministry responsible for climate change matters; “Recording Secretary” means the Recording Secretary under section 16; “Sectoral Adaptation Strategies and Action Plans” means the priority sectoral and cross-sectoral adaptation measures developed to implement the National Adaptation Plan; “Secretariat” means the office and officials entrusted with administrative duties, such as maintaining records, overseeing or performing secretarial duties of the United Nations; 98 No. 3 ] Climate Change Act [ 2024 “sink” means a process, activity or mechanism which removes a greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere; “United Nations Environment Programme” means the United Nations Environment Programme that was established after the United Nations Conference on the Human Environment in Stockholm in June 1972 and is responsible for coordinating responses to environmental issues within the United Nations; “United Nations Framework Convention on Climate Change” means the United Nations Framework Convention on Climate Change adopted by the United Nations General Assembly on January 20, 1994, the text of which is set out in the Schedule 4; “World Meteorological Organization” means the specialized agency of the United Nations for meteorology, operational hydrology and related geophysical sciences. Force of law 3.—(1) The United Nations Framework Convention on Climate Change has the force of law in Saint Lucia. (2) The Kyoto Protocol has the force of law in Saint Lucia. (3) The Paris Agreement has the force of law in Saint Lucia. (4) A protocol or an agreement made under the United Nations Framework Convention on Climate Change, to which Saint Lucia is a party, has the force of law in Saint Lucia. Purposes of this Act 4. The purposes of this Act are to — (a) to recognize the challenges that climate change poses to the population, natural resources and economy and the urgency of climate action that is needed; (b) respond to the current and future risks and impacts of climate change informed by the best available science; 99 No. 3 ] Climate Change Act [ 2024 (c) develop a comprehensive approach to climate change in addressing mitigation, adaptation and loss and damage; (d) support the integration of climate change considerations into existing and new sectoral laws, policies, strategies, plans, standards, guidelines, criteria, programmes, projects and processes; (e) help integrate low-carbon, climate-resilient, and sustainable development goals directly into national development decisions, laws, policies, strategies, plans, standards, guidelines, criteria, programmes, projects and processes; (f) institute measures to reduce the vulnerability of the people and ecosystems to the adverse effects of climate change; (g) create and strengthen national capacity to respond to climate change impacts in a manner that is effective, efficient and equitable; (h) cause informed decision-making under this Act in accordance with the guiding principles under the Convention; (i) develop a process for setting short-term and long-term emissions reduction targets and carbon budgets; (j) engage authorized officers to collect information in relation to emission reduction projects and monitor emissions; (k) continuously educate and inform all stakeholders about climate change, its impacts, preparedness, and opportunities. Act binds the Crown 5. This Act binds the Crown. 100 No. 3 ] Climate Change Act [ 2024 PART I ADMINISTRATION Division 1 Focal Point or Contact Point Focal point or contact point 6.—(1) The Department serves as the focal point for the United Nations Framework Convention on Climate Change. (2) The Department serves as the focal point or contact point for — (a) adaptation; (b) loss and damage; (c) the Action for Climate Empowerment; (d) the Climate Technology Centre and Network; (e) the Global Environment Facility; (f) the Nationally Determined Contribution. (3) Notwithstanding subsection (1), the Minister may, by publishing in the Gazette, declare a Ministry or Department to serve as the focal point or contact point under the United Nations Framework Convention on Climate Change or any associated agreement or protocol. Division 2 Functions of the Department Functions of the Department 7.—(1) Without prejudice to the functions of another Ministry or Department, the functions of the Department are to — (a) act as a repository and disseminate data and information on climate change; (b) support the Departments responsible for finance and economic development with regard to reporting, monitoring, and evaluation of domestic climate finance sources, private sector sources, and insurance initiatives; 101 No. 3 ] Climate Change Act [ 2024 (c) support efforts towards climate change awareness, raising capacity building and monitoring and evaluation; (d) support the National Designated Authority in overseeing the engagements with the Green Climate Fund; (e) provide support in the review of donor engagements and coordination arrangements to enhance efficiency, complementarity and the leveraging of co-benefits; (f) prepare and submit reports to the Secretariat of the United Nations Framework Convention on Climate Change, including — (i) a greenhouse gas inventory report, (ii) a biennial transparency report, (iii) the National Adaptation Plan and related reports, (iv) Adaptation Communications, (v) National Communications, (vi) Nationally Determined Contributions, (vii) and other reports required under the Convention and associate protocols and agreements; (g) formulate and review — (i) policies and guidelines for climate change, and (ii) measures and actions — (A) on climate change mitigation, adaptation, climate displacement, loss and damage, planned relocation; (B) to encourage scientific and technological research, the development, transfer and deployment of technologies, equipment and processes for climate change mitigation and adaptation; (h) in the case of greenhouse gas emission reduction — (i) assess and approve emission reduction projects, programmes and activities, (ii) develop and maintain the Greenhouse Gas Inventory under section 21, 102 No. 3 ] Climate Change Act [ 2024 (iii) develop procedures to accurately account for greenhouse gas emission reduction achieved by an activity, a project or programme, (iv) provide advice on setting and amending the greenhouse gas emission reduction target under section 22; (i) review and update a climate change communications strategy to guide the dissemination of information on climate change; (j) collaborate with — (i) other Ministries, Departments or other persons to incorporate climate change mitigation, adaptation and loss and damage into the development planning, decision and policy-making process, (ii) the Ministers responsible for finance and economic development on measures and actions relating to economic, fiscal, financial and market-based instruments with respect to climate change; (k) work with experts to assist with providing advice relating to climate change; (l) establish procedures for and hold, facilitate and support public consultations on matters relating to climate change, including the public and private sector, civil society and other groups of stakeholders; (m) create and maintain an electronic climate change database; (n) propose budgetary measures to the Minister responsible for finance for the implementation of this Act; (o) provide administrative and logistical support to the Committee; (p) perform any other function that is necessary to fulfil the purposes of this Act. (2) An electronic climate change database under subsection (1) (m) must include — (a) national and sectoral climate change scientific data, research, assessments, laws, policies, plans, strategies, standards, measures, processes, guidelines, criteria, and reports; 103 No. 3 ] Climate Change Act [ 2024 (b) the Greenhouse Gas Inventory and its associated reports; (c) the greenhouse gas emission reduction targets; (d) national communications, adaptation communications, Nationally Determined Contributions, National Adaptation Plans and all reports submitted pursuant to international climate change agreements; (e) activities supported by climate finance initiatives, including those supported by the Green Climate Fund, Adaptation Fund, multilateral development banks, private sector sources, insurance initiatives, and any other funds or mechanisms; (f) loss and damage assessments; (g) vulnerability and risk assessments; (h) monitoring and evaluation reports; (i) any integrated risk scenarios developed in accordance with this Act; (j) research provided to the Department under section 24; (k) any report, statement or communication made under this Act; and (l) any other climate change information relating to Saint Lucia. (3) The climate change database must be accessible to the public, including persons with disabilities. (4) The Department shall keep and maintain a record of any Regulations, policy, measures, adaptation planning processes and actions implemented under the Act. Division 3 Climate Change Committee Appointment and constitution of the Climate Change Committee 8.—(1) The Minister shall, by Order published in the Gazette, appoint the Climate Change Committee. 104 No. 3 ] Climate Change Act [ 2024 (2) The members of the Committee appointed under subsection (1) consist of a representative from an agency listed in Schedule 5. Chairperson and Deputy Chairperson of the Committee 9.—(1) The Permanent Secretary or his or her designate is the Chairperson of the Committee. (2) The members of the Committee shall, at the first meeting, elect a Deputy Chairperson from amongst the members of the Committee. (3) Where the Chairperson is absent, the Deputy Chairperson has all the powers of the Chairperson. Functions of the Committee 10.—(1) The functions of the Committee are to serve as a technical advisory body. (2) Without limiting the generality of subsection (1), the functions of the Committee are to — (a) guide the development of cross-sectoral policies, laws, strategies and action plans for — (i) reducing greenhouse gas emissions, (ii) building resilience to climate change impacts and loss and damage from climate change, and (iii) fulfilling international obligations under the Convention; (b) facilitate the development and implementation of guidelines, standards, processes, programmes and projects for mitigation, adaptation, loss and damage; (c) identify capacity gaps for planning and responding to climate change and to provide guidance on capacity building initiatives, including, institutional development, human skills, research and technology initiatives; (d) provide guidance and collaborate with the National Designated Authority, and other institutional mechanisms for accessing climate finance; (e) facilitate coordination and information sharing among agencies implementing climate change programmes to minimize duplication of effort; 105 No. 3 ] Climate Change Act [ 2024 (f) review the status of climate change programming on an annual basis, including the implementation and effectiveness of current national policies and programmes and make recommendations for improvement, as appropriate; (g) review the implementation of this Act, every five years or as otherwise required by the Department, including the progress made towards achieving the purposes of this Act; (h) report to the Minister, through the Permanent Secretary, on the findings of the review carried out under paragraph (g); (i) undertake any other function to achieve the purposes of this Act. Powers of the Committee 11.—(1) The Committee may — (a) appoint a sub-committee or working group to assist with carrying out its functions under section 10; (b) co-opt persons to attend a meeting. (2) A sub-committee appointed under subsection (1) — (a) must be chaired by a member of the Committee; (b) may include persons who are not members of the Committee. (3) A quorum for a meeting of a sub-committee shall be determined by the presence of the Chairperson and the majority of the members of the sub-committee. Meetings of the Committee 12.—(1) The Committee meets at least once each year or at such other times as may be necessary or expedient at a place and time and on days as the Chairperson determines. (2) The Chairperson and any other member of the Committee are deemed to be present at a meeting of the Committee if the Chairperson or the other members participates by telephone, video link or electronic 106 No. 3 ] Climate Change Act [ 2024 means, and all members participating in the meeting are able to hear and speak to each other. (3) At a meeting of the Committee — (a) the Chairperson presides; (b) if the Chairperson is not present, the Deputy Chairperson presides; or (c) if the Chairperson or the Deputy Chairperson is not present, the members present shall choose a member amongst themselves to preside. Quorum 13. A quorum of a meeting of the Committee is not less than two-thirds of the members participating and the Chairperson, Deputy Chairperson or a presiding member. Declaration of interest 14.—(1) A member of the Committee who, directly or indirectly, has a pecuniary or other interest in a matter before the Committee shall declare the nature of his or her interest at the first meeting of the Committee at which it is practicable to do so. (2) Where a member of the Committee declares an interest under subsection (1), the member shall leave the meeting when the matter is being discussed and shall not receive any other communication on the matter. (3) A declaration and the member leaving the meeting in accordance with subsections (1) and (2) must be noted in the minutes of the meeting. Recommendation of the Committee 15. The Committee may, through the Permanent Secretary, make written recommendations to the Minister. Recording Secretary 16.—(1) The Permanent Secretary may designate a person, other than a member of the Committee, to be the Recording Secretary of the Committee. 107 No. 3 ] Climate Change Act [ 2024 (2) The Recording Secretary shall keep minutes of each meeting of the Committee, which shall be confirmed by the Committee at the subsequent meeting. Committee to regulate its procedures 17. Subject to this Act, the Committee shall regulate its procedures. PART II CLIMATE CHANGE ADAPTATION POLICY AND NATIONAL ADAPTATION PLAN Climate Change Adaptation Policy 18.—(1) The Department shall, in collaboration with the Committee, coordinate the development of the Climate Change Adaptation Policy every five years. (2) The Climate Change Adaptation Policy must provide a framework to address the impacts of climate change across climate priority sectors and must take into account — (a) adaptation facilitation, which entails creating the appropriate policy, legislative and institutional environment; (b) adaptation financing, which entails establishing measures for adequate and predictable financial flows; and (c) adaptation implementation, which entails taking actions to prepare for or respond to the impacts of climate change. National Adaptation Plan 19.—(1) The Department shall coordinate the development and updating of a National Adaptation Plan at least every five years, or at such other times as may be necessary or expedient in collaboration with the Committee. (2) The National Adaptation Plan shall facilitate the integration of climate change adaptation into national development planning and budgeting, and includes — 108 No. 3 ] Climate Change Act [ 2024 (a) an assessment of the sectoral and cross- sectoral adaptation needs based on an assessment of risks, vulnerabilities and capacities; (b) the identification and prioritization of actions to address the needs outlined in the Sectoral Adaptation Strategies and Action Plan; (c) measures for building capacity to reduce risks and tap into potential opportunities as a result of the changing conditions; (d) effective information collection, management, coordination and communication across climate priority sectors and stakeholders; (e) strategies, measures and arrangements, including, a communications, financing, research, private sector engagements, capacity building and institutional arrangements for coordination of adaptation measures; (f) a system of monitoring, reviewing, evaluating and reporting on progress; and (g) the participation and engagement of stakeholders. Public review and comments 20.—(1) Prior to finalizing the Climate Change Adaptation Policy and National Adaptation Plan, the Department shall publish on a climate change database — (a) an indication that the Draft Climate Change Adaptation Policy and Draft National Adaptation Plan is available for comment by the public; (b) a statement that a person may make a written submission to the Permanent Secretary in relation to the Draft Climate Change Adaptation Policy and Draft National Adaptation Plan; (c) details of where and how a person may make a written submission under paragraph (b); (d) the date by which written submissions must be received by the Permanent Secretary; and 109 No. 3 ] Climate Change Act [ 2024 (e) a response to the key issues raised by the written submissions. (2) After publishing the Draft Climate Change Adaptation Policy and Draft National Adaptation Plan under subsection (1), the Climate Change Adaptation Policy and National Adaptation Plan must be made available electronically on a climate change database. PART III GREENHOUSE GAS EMISSIONS Greenhouse Gas Inventory 21.—(1) The Department shall, after consultation with the Committee and other experts, keep and maintain a Greenhouse Gas Inventory. (2) The Greenhouse Gas Inventory under subsection (1) must show a periodical estimate of the human-induced emissions by sources and removals by sinks of greenhouse gases. (3) In maintaining the Greenhouse Gas Inventory under subsection (1), the Department shall — (a) identify the primary source categories of greenhouse gas emissions; (b) collect data through — (i) voluntary submission from emitting sources, and (ii) the collection of information by Government Agencies and other agencies that hold relevant information; (c) estimate the emissions and removals by sinks for each source category; (d) undertake assessments on uncertainties; (e) undertake procedures to verify the data; and (f) retain information and documents to show how the estimates of human-induced emissions were determined. (4) The Department shall keep a record of changes that occur in the — (a) collection of data; and (b) use of methodologies and emissions factors. 110 No. 3 ] Climate Change Act [ 2024 Greenhouse gas emission reduction targets 22.—(1) The Department shall, after consultation with the Committee and other experts, set the greenhouse gas emission reduction target. (2) In setting the greenhouse gas emission reduction target under subsection (1), the following information must be considered — (a) scientific knowledge about climate change; (b) international law or policy; (c) national or regional policies or frameworks on climate change. (3) The greenhouse gas emission reduction target and any amendments must be included in a climate change database. PART IV NATIONALLY DETERMINED CONTRIBUTION Nationally Determined Contribution 23.—(1) The Department shall, in overseeing the development and updating the Nationally Determined Contribution — (a) consult with the Committee; (b) consider relevant national development plans and other relevant action plans or policies. (2) The Nationally Determined Contribution must include the greenhouse gas emission reduction target as determined under section 22. PART V MISCELLANEOUS Research on climate change 24.—(1) In conducting research on climate change in Saint Lucia, an individual or an organization is guided by the Climate Change Research Policy and Strategy and any other appropriate research policies and strategies. 111 No. 3 ] Climate Change Act [ 2024 (2) An individual or organization conducting research under subsection (1) shall provide the Department with — (a) details of the research activities; (b) a copy of the final research findings, including findings — (i) submitted as a requirement for an academic qualification, or (ii) to be published electronically or in print. (3) An organization that funds or performs research in Saint Lucia shall — (a) promptly respond to any requests made by the Department in accordance with subsection (2); and (b) provide the requested details and final research findings. (4) Any research referenced or otherwise utilized in the development of national plans, strategies, laws, policies, regulations, measures, or any other official national action must be published on a climate change database. Standards and codes of practice 25. The Minister may, in consultation with the relevant minister, develop standards and codes of practice as required to accelerate the response to climate change in accordance with the purposes of this Act. Amendment of Schedules 26.—(1) The Minister may, by Order published in the Gazette, amend Schedule 1, Schedule 2, Schedule 3 and Schedule 4. (2) The Minister may, by Order published in the Gazette, amend Schedule 5 to include a representative from the public sector, private sector, civil society, vulnerable groups and any other representative. Regulations 27. The Minister may make Regulations to give effect to this Act. 112 No. 3 ] Climate Change Act [ 2024 SCHEDULE 1 (Section 2) CLIMATE PRIORITY SECTORS 1. Agriculture 2. Education 3. Energy 4. Fisheries 5. Health 6. Infrastructure and Spatial Planning 7. Resilient Ecosystems (marine and terrestrial) 8. Tourism 9. Transport 10. Water 113 No. 3 ] Climate Change Act [ 2024 SCHEDULE 2 (Section 2) KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE UNITED NATIONS Distr. LIMITED FCCC/CP/1997/L.7/Add.1 10 December 1997 Subject to technical revision Original: ENGLISH CONFERENCE OF THE PARTIES Third session Kyoto, 1-10 December 1997 Agenda item 5 KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE The Parties to this Protocol, Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as “the Convention”, In pursuit of the ultimate objective of the Convention as stated in its Article 2, Recalling the provisions of the Convention, Being guided by Article 3 of the Convention, Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the Conference of the Parties to the Convention at its first session, Have agreed as follows: Article 1 For the purposes of this Protocol, the definitions contained in Article 1 of the Convention shall apply. In addition: 1. “Conference of the Parties” means the Conference of the Parties to the Convention. UKY.97 114 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 2 2. “Convention” means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992. 3. “Intergovernmental Panel on Climate Change” means the Intergovernmental Panel on Climate Change established in 1988 jointly by the World Meteorological Organization and the United Nations Environment Programme. 4. “Montreal Protocol” means the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on 16 September 1987 and as subsequently adjusted and amended. 5. “Parties present and voting” means Parties present and casting an affirmative or negative vote. 6. “Party” means, unless the context otherwise indicates, a Party to this Protocol. 7. “Party included in Annex I” means a Party included in Annex I to the Convention, as may be amended, or a Party which has made a notification under Article 4, paragraph 2(g), of the Convention. Article 2 1. Each Party included in Annex I in achieving its quantified emission limitation and reduction commitments under Article 3, in order to promote sustainable development, shall: (a) Implement and/or further elaborate policies and measures in accordance with its national circumstances, such as: (i) Enhancement of energy efficiency in relevant sectors of the national economy; (ii) Protection and enhancement of sinks and reservoirs of greenhouse gases not controlled by the Montreal Protocol, taking into account its commitments under relevant international environmental agreements; promotion of sustainable forest management practices, afforestation and reforestation; (iii) Promotion of sustainable forms of agriculture in light of climate change considerations; (iv) Promotion, research, development and increased use of new and renewable forms of energy, of carbon dioxide sequestration technologies and of advanced and innovative environmentally sound technologies; 115 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 3 (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 apply market instruments; (vi) Encouragement of appropriate reforms in relevant sectors aimed at promoting policies and measures which limit or reduce emissions of greenhouse gases not controlled by the Montreal Protocol; (vii) Measures to limit and/or reduce emissions of greenhouse gases not controlled by the Montreal Protocol in the transport sector; (viii) Limitation and/or reduction of methane through recovery and use in waste management, as well as in the production, transport and distribution of energy; (b) Cooperate with other such Parties to enhance the individual and combined effectiveness of their policies and measures adopted under this Article, pursuant to Article 4, paragraph 2(e)(i), of the Convention. To this end, these Parties shall take steps to share their experience and exchange information on such policies and measures, including developing ways of improving their comparability, transparency and effectiveness. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session or as soon as practicable thereafter, consider ways to facilitate such cooperation, taking into account all relevant information. 2. The Parties included in Annex I shall pursue limitation or reduction of emissions of greenhouse gases not controlled by the Montreal Protocol from aviation and marine bunker fuels, working through the International Civil Aviation Organization and the International Maritime Organization, respectively. 3. The Parties included in Annex I shall strive to implement policies and measures under this Article in such a way as to minimize adverse effects, including the adverse effects of climate change, effects on international trade, and social, environmental and economic impacts on other Parties, especially developing country Parties and in particular those identified in Article 4, paragraphs 8 and 9 of the Convention, taking into account Article 3 of the Convention. The Conference of the Parties serving as the meeting of the Parties to this Protocol may take further action, as appropriate, to promote the implementation of the provisions of this paragraph. 4. The Conference of the Parties serving as the meeting of the Parties to this Protocol, if it decides that it would be beneficial to coordinate any of the policies and measures in paragraph 1(a) above, taking into account different national circumstances and potential effects, shall consider ways and means to elaborate the coordination of such policies and measures. 116 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 4 Article 3 1. The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of this Article, with a view to reducing their overall emissions of such gases by at least 5 per cent below 1990 levels in the commitment period 2008 to 2012. 2. Each Party included in Annex I shall, by 2005, have made demonstrable progress in achieving its commitments under this Protocol. 3. The net changes in greenhouse gas emissions from 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 stocks in each commitment period shall be used to meet the commitments in this Article of each Party included in Annex I. The greenhouse gas emissions from sources and removals by sinks associated with those activities shall be reported in a transparent and verifiable manner and reviewed in accordance with Articles 7 and 8. 4. Prior to the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol, each Party included in Annex I shall provide for consideration by the Subsidiary Body for Scientific and Technological Advice data to establish its level of carbon stocks in 1990 and to enable an estimate to be made of its changes in carbon stocks in subsequent years. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session or as soon as practicable thereafter, decide upon modalities, rules and guidelines as to how and which additional human-induced activities related to changes in greenhouse gas emissions and removals in the agricultural soil and land use change and forestry categories, shall be added to, or subtracted from, the assigned amount for Parties included in Annex I, taking into account uncertainties, transparency in reporting, verifiability, the methodological work of the Intergovernmental Panel on Climate Change, the advice provided by the Subsidiary Body for Scientific and Technological Advice in accordance with Article 5 and the decisions of the Conference of the Parties. Such a decision shall apply in the second and subsequent commitment periods. A Party may choose to apply such a decision on these additional human-induced activities for its first commitment period, provided that these activities have taken place since 1990. 5. The Parties included in Annex I undergoing the process of transition to a market economy whose base year or period was established pursuant to decision 9/CP.2 of the Conference of the Parties at its second session, shall use that base year or period for the implementation of their commitments under this Article. Any other Party included in Annex I undergoing the process of transition to a market economy which has not yet submitted its first national communication under Article 12 of the Convention may also notify the 117 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 5 Conference of the Parties serving as the meeting of the Parties to this Protocol that it intends to use a historical base year or period other than 1990 for the implementation of its commitments under this Article. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide on the acceptance of such notification. 6. Taking into account Article 4, paragraph 6, of the Convention, in the implementation of their commitments under this Protocol other than those in this Article, a certain degree of flexibility shall be allowed by the Conference of the Parties serving as the meeting of the Parties to this Protocol to the Parties included in Annex I undergoing the process of transition to a market economy. 7. In the first quantified emission limitation and reduction commitment period, from 2008 to 2012, the assigned amount for each Party included in Annex I shall be equal to the percentage inscribed for it in Annex B of its aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or period determined in accordance with paragraph 5 above, multiplied by five. Those Parties included in Annex I for whom land use change and forestry constituted a net source of greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period the aggregate anthropogenic carbon dioxide equivalent emissions minus removals in 1990 from land use change for the purposes of calculating their assigned amount. 8. Any Party included in Annex I may use 1995 as its base year for hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride, for the purposes of the calculation referred to in paragraph 7 above. 9. Commitments for subsequent periods for Parties included in Annex I shall be established in amendments to Annex B to this Protocol, which shall be adopted in accordance with the provisions of Article 20, paragraph 7. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall initiate the consideration of such commitments at least seven years before the end of the first commitment period mentioned in paragraph 7 above. 10. Any emission reduction units, or any part of an assigned amount, which a Party acquires from another Party in accordance with the provisions of Article 6 and of Article 16 bis shall be added to the assigned amount for that Party. 11. Any emission reduction units, or any part of an assigned amount, which a Party transfers to another Party in accordance with the provisions of Article 6 and of Article 16 bis shall be subtracted from the assigned amount for that Party. 12. Any certified emission reductions which a Party acquires from another Party in accordance with the provisions of Article 12 shall be added to the assigned amount for that Party. 118 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 6 13. If the emissions of a Party included in Annex I during a commitment period are less than its assigned amount under this Article, this difference shall, on request of that Party, be added to the assigned amount for that Party for subsequent commitment periods. 14. Each Party included in Annex I shall strive to implement the commitments mentioned in paragraph 1 above in such a way as to minimize adverse social, environmental and economic impacts on developing country Parties, particularly those identified in Article 4, paragraphs 8 and 9, of the Convention. In line with relevant decisions of the Conference of the Parties on the implementation of those paragraphs, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, consider what actions are necessary to minimize the adverse effects of climate change and/or the impacts of response measures on Parties referred to in those paragraphs. Among the issues to be considered shall be the establishment of funding, insurance and transfer of technology. Article 4 1. Any Parties included in Annex I that have agreed to jointly fulfil their commitments under Article 3 shall be deemed to have met those commitments provided that their total combined aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of Article 3. The respective emission level allocated to each of the Parties to the agreement shall be set out in that agreement. 2. The Parties to any such agreement shall notify the secretariat of the terms of the agreement on the date of deposit of their instruments of ratification, acceptance, approval or accession. The secretariat shall in turn inform the Parties and signatories to the Convention of the terms of the agreement. 3. The agreement shall remain in operation for the duration of the commitment period specified in Article 3, paragraph 7. 4. If Parties acting jointly do so in the framework of, and together with, a regional economic integration organization, any alteration in the composition of the organization after adoption of this Protocol shall not affect existing commitments under this Protocol. Any alteration in the composition of the organization shall only apply for the purposes of those commitments under Article 3 that are adopted subsequent to that revision. 5. In the event of failure by the Parties to such an agreement to achieve their total combined level of emission reductions, each Party to such an agreement shall be responsible for its own level of emissions set out in the agreement. 119 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 7 6. If Parties acting jointly do so in the framework of, and together with, a regional economic integration organization which is itself a Party to this Protocol, each member State of that regional economic integration organization individually, and together with the regional economic integration organization acting in accordance with Article 23, shall, in the event of failure to achieve the total combined level of emission reductions, be responsible for its level of emissions as notified in accordance with this Article. Article 5 1. Each Party included in Annex I shall have in place, no later than one year prior to the start of the first commitment period, a national system for the estimation of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol. Guidelines for such national systems, which shall incorporate the methodologies specified in paragraph 2 below, shall be decided upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session. 2. Methodologies for estimating anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties at its third session. Where such methodologies are not used, appropriate adjustments shall be applied according to methodologies agreed upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session. Based on the work of, inter alia, the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review and, as appropriate, revise such methodologies and adjustments, taking fully into account any relevant decisions by the Conference of the Parties. Any revision to methodologies or adjustments shall be used only for the purposes of ascertaining compliance with commitments under Article 3 in respect of any commitment period adopted subsequent to that revision. 3. The global warming potentials used to calculate the carbon dioxide equivalence of anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol listed in Annex A shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties at its third session. Based on the work of, inter alia, the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review and, as appropriate, revise the global warming potential of each such greenhouse gas, taking fully into account any relevant decisions by the Conference of the Parties. Any revision to a global warming potential shall apply only to those commitments under Article 3 in respect of any commitment period adopted subsequent to that revision. 120 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 8 Article 6 1. For the purpose of meeting its commitments under Article 3, any Party included in Annex I may transfer to, or acquire from, any other such Party emission reduction units resulting from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy, provided that: (a) Any such project has the approval of the Parties involved; (b) Any such project provides a reduction in emissions by sources, or an enhancement of removals by sinks, that is additional to any that would otherwise occur; (c) It does not acquire any emission reduction units if it is not in compliance with its obligations under Articles 5 and 7; and (d) The acquisition of emission reduction units shall be supplemental to domestic actions for the purposes of meeting commitments under Article 3. 2. The Conference of the Parties serving as the meeting of the Parties to this Protocol may, at its first session or as soon as practicable thereafter, further elaborate guidelines for the implementation of this Article, including for verification and reporting. 3. A Party included in Annex I may authorize legal entities to participate, under its responsibility, in actions leading to the generation, transfer or acquisition under this Article of emission reduction units. 4. If a question of implementation by a Party included in Annex I of the requirements referred to in this paragraph is identified in accordance with the relevant provisions of Article 8, transfers and acquisitions of emission reduction units may continue to be made after the question has been identified, provided that any such units may not be used by a Party to meet its commitments under Article 3 until any issue of compliance is resolved. Article 7 1. Each Party included in Annex I shall incorporate in its annual inventory of anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol, submitted in accordance with the relevant decisions of the Conference of the Parties, the necessary supplementary information for the purposes of ensuring compliance with Article 3, to be determined in accordance with paragraph 4 below. 2. Each Party included in Annex I shall incorporate in its national communication, submitted under Article 12 of the Convention, the supplementary information necessary to 121 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 9 demonstrate compliance with its commitments under this Protocol, to be determined in accordance with paragraph 4 below. 3. Each Party included in Annex I shall submit the information required under paragraph 1 above annually, beginning with the first inventory due under the Convention for the first year of the commitment period after this Protocol has entered into force for it. Each such Party shall submit the information required under paragraph 2 above as part of the first national communication due under the Convention after this Protocol has entered into force for it and after the adoption of guidelines as provided for in paragraph 4 below. The frequency of subsequent submission of information required under this Article shall be determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol, taking into account any timetable for the submission of national communications decided upon by the Conference of the Parties. 4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its first session, and review periodically thereafter, guidelines for the preparation of the information required under this Article, taking into account guidelines for the preparation of national communications by Parties included in Annex I adopted by the Conference of the Parties. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall also, prior to the first commitment period, decide upon modalities for the accounting of assigned amounts. Article 8 1. The information submitted under Article 7 by each Party included in Annex I shall be reviewed by expert review teams pursuant to the relevant decisions of the Conference of the Parties and in accordance with guidelines adopted for this purpose by the Conference of the Parties serving as the meeting of the Parties to this Protocol under paragraph 4 below. The information submitted under Article 7, paragraph 1, by each Party included in Annex I shall be reviewed as part of the annual compilation and accounting of emissions inventories and assigned amounts. Additionally, the information submitted under Article 7, paragraph 2, by each Party included in Annex I shall be reviewed as part of the review of communications. 2. Expert review teams shall be coordinated by the secretariat and shall be composed of experts selected from those nominated by Parties to the Convention and, as appropriate, by intergovernmental organizations, in accordance with guidance provided for this purpose by the Conference of the Parties. 3. The review process shall provide a thorough and comprehensive technical assessment of all aspects of the implementation by a Party of this Protocol. The expert review teams shall prepare a report to the Conference of the Parties serving as the meeting of the Parties to this Protocol, assessing the implementation of the commitments of the Party and identifying any potential problems in, and factors influencing, the fulfilment of commitments. Such reports shall 122 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 10 be circulated by the secretariat to all Parties to the Convention. The secretariat shall list those questions of implementation indicated in such reports for further consideration by the Conference of the Parties serving as the meeting of the Parties to this Protocol. 4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its first session, and review periodically thereafter, guidelines for the review of implementation by expert review teams taking into account the relevant decisions of the Conference of the Parties. 5. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, with the assistance of the Subsidiary Body for Implementation and, as appropriate, the Subsidiary Body for Scientific and Technological Advice, consider: (a) The information submitted by the Parties under Article 7 and the reports of the expert reviews thereon conducted under this Article; and (b) Those questions of implementation listed by the secretariat under paragraph 3 above, as well as any questions raised by Parties. 6. Pursuant to its consideration of the information referred to in paragraph 5 above, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take decisions on any matter required for the implementation of this Protocol. Article 9 1. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically review this Protocol in the light of the best available scientific information and assessments on climate change and its impacts, as well as relevant technical, social and economic information. Such reviews shall be coordinated with pertinent reviews under the Convention, in particular those required by Article 4, paragraph 2(d), and Article 7, paragraph 2(a), of the Convention. Based on these reviews, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take appropriate action. 2. The first review shall take place at the second session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. Further reviews shall take place at regular intervals and in a timely manner. Article 10 All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances, without introducing any new commitments for Parties not included in Annex I, but reaffirming existing commitments in Article 4, paragraph 1, of the Convention, and continuing to advance the 123 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 11 implementation of these commitments in order to achieve sustainable development, taking into account Article 4, paragraphs 3, 5 and 7, of the Convention, shall: (a) Formulate, where relevant and to the extent possible, cost-effective national, and where appropriate regional programmes to improve the quality of local emission factors, activity data and/or models which reflect the socio-economic conditions of each Party for the preparation and periodic updating of national inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies to be agreed upon by the Conference of the Parties, and consistent with the guidelines for national communications adopted by the Conference of the Parties; (b) Formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change and measures to facilitate adequate adaptation to climate change: (i) Such programmes would, inter alia, concern the energy, transport and industry sectors as well as agriculture, forestry and waste management. Furthermore, adaptation technologies and methods for improving spatial planning would improve adaptation to climate change; and (ii) Parties included in Annex I shall submit information on action under this Protocol, including national programmes, according to the guidelines laid down in Article 8; and other Parties shall seek to include in their national communications, as appropriate, information on programmes which contain measures that the Party believes contribute to addressing climate change and its adverse impacts, including the abatement of increase in greenhouse gas emissions, and enhancement of and removals by sinks, capacity building and adaptation measures. (c) Cooperate in the promotion of effective modalities for the development, application and diffusion of, and take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologies, know-how, practices and processes pertinent to climate change, in particular to developing countries, including the formulation of policies and programmes for the effective transfer of environmentally sound technologies that are publicly owned or in the public domain and the creation of an enabling environment for the private sector, to promote and enhance access to, and transfer of, environmentally sound technologies; (d) Cooperate in scientific and technical research and promote the maintenance and the development of systematic observation systems and development of data archives to reduce uncertainties related to the climate system, the adverse impacts of climate change and the economic and social consequences of various response strategies, and promote the development and strengthening of endogenous capacities and capabilities to participate in international and 124 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 12 intergovernmental efforts, programmes and networks on research and systematic observation, taking into account Article 5 of the Convention; (e) Cooperate in and promote at the international level, and, where appropriate, using existing bodies, the development and implementation of education and training programmes, including the strengthening of national capacity building, in particular human and institutional capacities and the exchange or secondment of personnel to train experts in this field, in particular for developing countries, and facilitate at the national level public awareness and public access to information on climate change. Suitable modalities should be developed to implement these activities through the relevant bodies of the Convention taking into account Article 6 of the Convention; (f) Include in their national communications information on programmes and activities undertaken pursuant to this Article in accordance with relevant decisions of the Conference of the Parties; and (g) Give full consideration, in implementing the commitments in this Article, to Article 4, paragraph 8, of the Convention. Article 11 1. In the implementation of Article 10, Parties shall take into account the provisions of Article 4, paragraphs 4, 5, 7, 8 and 9 of the Convention. 2. In the context of the implementation of Article 4, paragraph 1, of the Convention, in accordance with the provisions of Article 4, paragraph 3, and Article 11 of the Convention, and through the operating entity or entities of the financial mechanism of the Convention, the developed country Parties and other developed Parties included in Annex II to the Convention shall: (a) Provide new and additional financial resources to meet the agreed full costs incurred by developing country Parties in advancing the implementation of existing commitments under Article 4, paragraph 1(a), of the Convention that are covered in Article 10, subparagraph (a); and (b) Also provide such financial resources, including for the transfer of technology, needed by the developing country Parties to meet the agreed full incremental costs of advancing the implementation of existing commitments in Article 4, paragraph 1, of the Convention that are covered by Article 10 and that are agreed between a developing country Party and the international entity or entities referred to in Article 11 of the Convention, in accordance with that Article. 125 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 13 The implementation of these existing commitments shall take into account the need for adequacy and predictability in the flow of funds and the importance of appropriate burden sharing among developed country Parties. The guidance to the financial mechanism of the Convention in relevant decisions of the Conference of the Parties, including those agreed before the adoption of this Protocol, shall apply mutatis mutandis to the provisions of this paragraph. 3. The developed country Parties and other developed Parties in Annex II to the Convention may also provide, and developing country Parties avail themselves of, financial resources for the implementation of Article 10, through bilateral, regional and other multilateral channels. Article 12 1. A clean development mechanism is hereby defined. 2. The purpose of the clean development mechanism shall be to assist Parties not included in Annex I in achieving sustainable development and in contributing to the ultimate objective of the Convention, and to assist Parties included in Annex I in achieving compliance with their quantified emission limitation and reduction commitments under Article 3. 3. Under the clean development mechanism: (a) Parties not included in Annex I will benefit from project activities resulting in certified emission reductions; and (b) Parties included in Annex I may use the certified emission reductions accruing from such project activities to contribute to compliance with part of their quantified emission limitation and reduction commitments under Article 3, as determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol. 4. The clean development mechanism shall be subject to the authority and guidance of the Conference of the Parties serving as the meeting of the Parties to this Protocol and be supervised by an executive board of the clean development mechanism. 5. Emission reductions resulting from each project activity shall be certified by operational entities to be designated by the Conference of the Parties serving as the meeting of the Parties to this Protocol, on the basis of: (a) Voluntary participation approved by each Party involved; (b) Real, measurable, and long-term benefits related to the mitigation of climate change; and 126 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 14 (c) Reductions in emissions that are additional to any that would occur in the absence of the certified project activity. 6. The clean development mechanism shall assist in arranging funding of certified project activities as necessary. 7. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, elaborate modalities and procedures with the objective of ensuring transparency, efficiency and accountability through independent auditing and verification of project activities. 8. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall ensure that a share of the proceeds from certified project activities is used to cover administrative expenses as well as to assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation. 9. Participation under the clean development mechanism, including in activities mentioned in paragraph 3(a) above and acquisition of certified emission reductions, may involve private and/or public entities, and is to be subject to whatever guidance may be provided by the executive board of the clean development mechanism. 10. Certified emission reductions obtained during the period from the year 2000 up to the beginning of the first commitment period can be used to assist in achieving compliance in the first commitment period. Article 13 1. The Conference of the Parties, the supreme body of the Convention, shall serve as the meeting of the Parties to this Protocol. 2. Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. When the Conference of the Parties serves as the meeting of the Parties to this Protocol, decisions under this Protocol shall be taken only by those that are Parties to it. 3. When the Conference of the Parties serves as the meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a Party to the Convention but, at that time, not a Party to this Protocol, shall be substituted by an additional member to be elected by and from amongst the Parties to this Protocol. 127 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 15 4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall keep under regular review the implementation of this Protocol and shall make, within its mandate, the decisions necessary to promote its effective implementation. It shall perform the functions assigned to it by this Protocol and shall: (a) Assess, on the basis of all information made available to it in accordance with the provisions of this Protocol, the implementation of this Protocol by the Parties, the overall effects of the measures taken pursuant to this Protocol, in particular environmental, economic and social effects as well as their cumulative impacts and the extent to which progress towards the objective of the Convention is being achieved; (b) Periodically examine the obligations of the Parties under this Protocol, giving due consideration to any reviews required by Article 4, paragraph 2(d), and Article 7, paragraph 2, of the Convention, in the light of the objective of the Convention, the experience gained in its implementation and the evolution of scientific and technological knowledge, and in this respect consider and adopt regular reports on the implementation of this Protocol; (c) Promote and facilitate the exchange of information on measures adopted by the Parties to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments under this Protocol; (d) Facilitate, at the request of two or more Parties, the coordination of measures adopted by them to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments under this Protocol; (e) Promote and guide, in accordance with the objective of the Convention and the provisions of this Protocol, and taking fully into account the relevant decisions by the Conference of the Parties, the development and periodic refinement of comparable methodologies for the effective implementation of this Protocol, to be agreed on by the Conference of the Parties serving as the meeting of the Parties to this Protocol; (f) Make recommendations on any matters necessary for the implementation of this Protocol; (g) Seek to mobilize additional financial resources in accordance with Article 11, paragraph 2; (h) Establish such subsidiary bodies as are deemed necessary for the implementation of this Protocol; 128 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 16 (i) Seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and non-governmental bodies; and (j) Exercise such other functions as may be required for the implementation of this Protocol, and consider any assignment resulting from a decision by the Conference of the Parties. 5. The rules of procedure of the Conference of the Parties and financial procedures of the Convention shall be applied mutatis mutandis under this Protocol, except as may be otherwise decided by consensus by the Conference of the Parties serving as the meeting of the Parties to this Protocol. 6. The first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be convened by the secretariat in conjunction with the first session of the Conference of the Parties that is scheduled after the date of the entry into force of this Protocol. Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held every year and in conjunction with ordinary sessions of the Conference of the Parties unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol. 7. Extraordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held at such other times as may be deemed necessary by the Conference of the Parties serving as the meeting of the Parties to this Protocol, or at the written request of any Party, provided that, within six months of the request being communicated to the Parties by the secretariat, it is supported by at least one third of the Parties. 8. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State member thereof or observers thereto not party to the Convention, may be represented at sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol as observers. Any body or agency, whether national or international, governmental or non-governmental, which is qualified in matters covered by this Protocol and which has informed the secretariat of its wish to be represented at a session of the Conference of the Parties serving as the meeting of the Parties to this Protocol as an observer, may be so admitted unless at least one third of the Parties present object. The admission and participation of observers shall be subject to the rules of procedure, as referred to in paragraph 5 above. Article 14 1. The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Protocol. 2. Article 8, paragraph 2, of the Convention on the functions of the secretariat, and 129 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 17 Article 8, paragraph 3, of the Convention on arrangements made for the functioning of the secretariat, shall apply mutatis mutandis to this Protocol. The secretariat shall, in addition, exercise the functions assigned to it under this Protocol. Article 15 1. The Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation established by Articles 9 and 10 of the Convention shall serve as, respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Protocol. The provisions relating to the functioning of these two bodies under the Convention shall apply mutatis mutandis to this Protocol. Sessions of the meetings of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Protocol shall be held in conjunction with the meetings of, respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of the Convention. 2. Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the subsidiary bodies. When the subsidiary bodies serve as the subsidiary bodies of this Protocol, decisions under this Protocol shall be taken only by the Parties to this Protocol. 3. When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise their functions with regard to matters concerning this Protocol, any member of the Bureaux of those subsidiary bodies representing a Party to the Convention but, at that time, not a party to this Protocol, shall be substituted by an additional member to be elected by and from amongst the Parties to this Protocol. Article 16 The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, as soon as practicable, consider the application to this Protocol of, and modify as appropriate, the multilateral consultative process referred to in Article 13 of the Convention, in the light of any relevant decisions that may be taken by the Conference of the Parties. Any multilateral consultative process that may be applied to this Protocol shall operate without prejudice to the procedures and mechanisms established in accordance with Article 17. Article 16 bis The Conference of the Parties shall define the relevant principles, modalities, rules and guidelines, in particular for verification, reporting and accountability for emissions trading. The Parties included in Annex B may participate in emissions trading for the purposes of fulfilling their commitments under Article 3 of this Protocol. Any such trading shall be supplemental to domestic actions for the purpose of meeting quantified emission limitation and reduction commitments under that Article. 130 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 18 Article 17 The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, approve appropriate and effective procedures and mechanisms to determine and to address cases of non-compliance with the provisions of this Protocol, including through the development of an indicative list of consequences, taking into account the cause, type, degree and frequency of non-compliance. Any procedures and mechanisms under this Article entailing binding consequences shall be adopted by means of an amendment to this Protocol. Article 18 The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Protocol. Article 19 1. Any Party may propose amendments to this Protocol. 2. Amendments to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The text of any proposed amendment to this Protocol shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate the text of any proposed amendments to the Parties and signatories to the Convention and, for information, to the Depositary. 3. The Parties shall make every effort to reach agreement on any proposed amendment to this Protocol by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting. The adopted amendment shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties for their acceptance. 4. Instruments of acceptance in respect of an amendment shall be deposited with the Depositary. An amendment adopted in accordance with paragraph 3 above shall enter into force for those Parties having accepted it on the ninetieth day after the date of receipt by the Depositary of an instrument of acceptance by at least three fourths of the Parties to this Protocol. 5. The amendment shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits with the Depositary its instrument of acceptance of the said amendment. 131 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 19 Article 20 1. Annexes to this Protocol shall form an integral part thereof and, unless otherwise expressly provided, a reference to this Protocol constitutes at the same time a reference to any annexes thereto. Any annexes adopted after the entry into force of this Protocol shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientific, technical, procedural or administrative character. 2. Any Party may make proposals for an annex to this Protocol and may propose amendments to annexes to this Protocol. 3. Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The text of any proposed annex or amendment to an annex shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate the text of any proposed annex or amendment to an annex to the Parties and signatories to the Convention and, for information, to the Depositary. 4. The Parties shall make every effort to reach agreement on any proposed annex or amendment to an annex by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the annex or amendment to an annex shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting. The adopted annex or amendment to an annex shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties for their acceptance. 5. An annex, other than Annex A or B, that has been adopted or amended in accordance with paragraphs 3 and 4 above shall enter into force for all Parties to this Protocol six months after the date of the communication by the Depositary to such Parties of the adoption or amendment of the annex, except for those Parties that have notified the Depositary in writing within that period of their non-acceptance of the annex or amendment to the annex. The annex or amendment to an annex shall enter into force for Parties which withdraw their notification of non-acceptance on the ninetieth day after the date on which withdrawal of such notification has been received by the Depositary. 6. If the adoption of an annex or an amendment to an annex involves an amendment to this Protocol, that annex or amendment to an annex shall not enter into force until such time as the amendment to this Protocol enters into force. 7. Amendments to Annexes A and B to this Protocol shall be adopted and enter into force in accordance with the procedure set out in Article 19, provided that any amendments to Annex B shall be adopted only with the written consent of the Party concerned . 132 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 20 Article 21 1. Each Party shall have one vote, except as provided for in paragraph 2 below. 2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States which are Parties to this Protocol. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa. Article 22 The Secretary-General of the United Nations shall be the Depositary of this Protocol. Article 23 1. This Protocol shall be open for signature and subject to ratification, acceptance or approval by States and regional economic integration organizations which are Parties to the Convention. It shall be open for signature at United Nations Headquarters in New York from 16 March 1998 to 15 March 1999. This Protocol shall be open for accession from the day after the date on which it is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary. 2. Any regional economic integration organization which becomes a Party to this Protocol without any of its member States being a Party shall be bound by all the obligations under this Protocol. In the case of such organizations, one or more of whose member States is a Party to this Protocol, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Protocol. In such cases, the organization and the member States shall not be entitled to exercise rights under this Protocol concurrently. 3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Protocol. These organizations shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of their competence. Article 24 1. This Protocol shall enter into force on the ninetieth day after the date on which not less than 55 Parties to the Convention, incorporating Parties included in Annex I which accounted in total for at least 55 per cent of the total carbon dioxide emissions for 1990 of the Parties included in Annex I, have deposited their instruments of ratification, acceptance, approval or accession. 133 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 21 2. For the purposes of this Article, “the total carbon dioxide emissions for 1990 of the Parties included in Annex I” means the amount communicated on or before the date of adoption of this Protocol by the Parties included in Annex I in their first national communications submitted in accordance with Article 12 of the Convention. 3. For each State or regional economic integration organization that ratifies, accepts or approves this Protocol or accedes thereto after the conditions set out in paragraph 1 above for the entry into force have been fulfilled, this Protocol shall enter into force on the ninetieth day following the date of deposit of its instrument of ratification, acceptance, approval or accession. 4. For the purposes of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States members of the organization. Article 25 No reservations may be made to this Protocol. Article 26 1. At any time after three years from the date on which this Protocol has entered into force for a Party, that Party may withdraw from this Protocol by giving written notification to the Depositary. 2. Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal. 3. Any Party that withdraws from the Convention shall be considered as also having withdrawn from this Protocol. Article 27 The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. Done at Kyoto this tenth day of December one thousand nine hundred and ninety-seven. 134 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 22 Annex A Greenhouse gases Carbon dioxide (CO )2 Methane (CH )4 Nitrous oxide (N O)2 Hydrofluorocarbons (HFCs) Perfluorocarbons (PFCs) Sulphur hexafluoride (SF )6 Sectors/source categories Energy Fuel combustion Energy industries Manufacturing industries and construction Transport Other sectors Other Fugitive emissions from fuels Solid fuels Oil and natural gas Other Industrial processes Mineral products Chemical industry Metal production Other production Production of halocarbons and sulphur hexafluoride Consumption of halocarbons and sulphur hexafluoride Other Solvent and other product use 135 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 23 Agriculture Enteric fermentation Manure management Rice cultivation Agricultural soils Prescribed burning of savannas Field burning of agricultural residues Other Waste Solid waste disposal on land Wastewater handling Waste incineration Other 136 No. 3 ] Climate Change Act [ 2024 FCCC/CP/1997/L.7/Add.1 English Page 24 Annex B Party Quantified emission limitation or reduction commitment (percentage of base year or period) Australia 108 Austria 92 Belgium 92 Bulgaria* 92 Canada 94 Croatia* 95 Czech Republic* 92 Denmark 92 Estonia* 92 European Community 92 Finland 92 France 92 Germany 92 Greece 92 Hungary* 94 Iceland 110 Ireland 92 Italy 92 Japan 94 Latvia* 92 Liechtenstein 92 Lithuania* 92 Luxembourg 92 Monaco 92 Netherlands 92 New Zealand 100 Norway 101 Poland* 94 Portugal 92 Romania* 92 Russian Federation* 100 Slovakia* 92 Slovenia* 92 Spain 92 Sweden 92 Switzerland 92 Ukraine* 100 United Kingdom of Great Britain and Northern Ireland 92 United States of America 93 * Countries that are undergoing the process of transition to a market economy. 137 No. 3 ] Climate Change Act [ 2024 SCHEDULE 3 (Section 2) PARIS AGREEMENT 138 No. 3 ] Climate Change Act [ 2024 139 No. 3 ] Climate Change Act [ 2024 140 No. 3 ] Climate Change Act [ 2024 141 No. 3 ] Climate Change Act [ 2024 142 No. 3 ] Climate Change Act [ 2024 143 No. 3 ] Climate Change Act [ 2024 144 No. 3 ] Climate Change Act [ 2024 145 No. 3 ] Climate Change Act [ 2024 146 No. 3 ] Climate Change Act [ 2024 147 No. 3 ] Climate Change Act [ 2024 148 No. 3 ] Climate Change Act [ 2024 149 No. 3 ] Climate Change Act [ 2024 150 No. 3 ] Climate Change Act [ 2024 151 No. 3 ] Climate Change Act [ 2024 152 No. 3 ] Climate Change Act [ 2024 153 No. 3 ] Climate Change Act [ 2024 154 No. 3 ] Climate Change Act [ 2024 155 No. 3 ] Climate Change Act [ 2024 156 No. 3 ] Climate Change Act [ 2024 157 No. 3 ] Climate Change Act [ 2024 158 No. 3 ] Climate Change Act [ 2024 159 No. 3 ] Climate Change Act [ 2024 160 No. 3 ] Climate Change Act [ 2024 161 No. 3 ] Climate Change Act [ 2024 162 No. 3 ] Climate Change Act [ 2024 163 No. 3 ] Climate Change Act [ 2024 UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE UNITED NATIONS 1992 FCCC/INFORMAL/84 GE.05-62220 (E) 200705 SCHEDULE 4 (Section 2) 164 No. 3 ] Climate Change Act [ 2024 UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE The Parties to this Convention, Acknowledging that change in the Earth’s climate and its adverse effects are a common concern of humankind, Concerned that human activities have been substantially increasing the atmospheric concentrations of greenhouse gases, that these increases enhance the natural greenhouse effect, and that this will result on average in an additional warming of the Earth’s surface and atmosphere and may adversely affect natural ecosystems and humankind, Noting that the largest share of historical and current global emissions of greenhouse gases has originated in developed countries, that per capita emissions in developing countries are still relatively low and that the share of global emissions originating in developing countries will grow to meet their social and development needs, Aware of the role and importance in terrestrial and marine ecosystems of sinks and reservoirs of greenhouse gases, Noting that there are many uncertainties in predictions of climate change, particularly with regard to the timing, magnitude and regional patterns thereof, Acknowledging that the global nature of climate change calls for the widest possible cooperation by all countries and their participation in an effective and appropriate international response, in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions, Recalling the pertinent provisions of the Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June 1972, Recalling also that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction, Reaffirming the principle of sovereignty of States in international cooperation to address climate change, Recognizing that States should enact effective environmental legislation, that environmental standards, management objectives and priorities should reflect the environmental and developmental context to which they apply, and that standards applied by some countries may be inappropriate and of unwarranted economic and social cost to other countries, in particular developing countries, 165 No. 3 ] Climate Change Act [ 2024 2 Recalling the provisions of General Assembly resolution 44/228 of 22 December 1989 on the United Nations Conference on Environment and Development, and resolutions 43/53 of 6 December 1988, 44/207 of 22 December 1989, 45/212 of 21 December 1990 and 46/169 of 19 December 1991 on protection of global climate for present and future generations of mankind, Recalling also the provisions of General Assembly resolution 44/206 of 22 December 1989 on the possible adverse effects of sea-level rise on islands and coastal areas, particularly low-lying coastal areas and the pertinent provisions of General Assembly resolution 44/172 of 19 December 1989 on the implementation of the Plan of Action to Combat Desertification, Recalling further the Vienna Convention for the Protection of the Ozone Layer, 1985, and the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, as adjusted and amended on 29 June 1990, Noting the Ministerial Declaration of the Second World Climate Conference adopted on 7 November 1990, Conscious of the valuable analytical work being conducted by many States on climate change and of the important contributions of the World Meteorological Organization, the United Nations Environment Programme and other organs, organizations and bodies of the United Nations system, as well as other international and intergovernmental bodies, to the exchange of results of scientific research and the coordination of research, Recognizing that steps required to understand and address climate change will be environmentally, socially and economically most effective if they are based on relevant scientific, technical and economic considerations and continually re-evaluated in the light of new findings in these areas, Recognizing that various actions to address climate change can be justified economically in their own right and can also help in solving other environmental problems, Recognizing also the need for developed countries to take immediate action in a flexible manner on the basis of clear priorities, as a first step towards comprehensive response strategies at the global, national and, where agreed, regional levels that take into account all greenhouse gases, with due consideration of their relative contributions to the enhancement of the greenhouse effect, Recognizing further that low-lying and other small island countries, countries with low-lying coastal, arid and semi-arid areas or areas liable to floods, drought and desertification, and developing countries with fragile mountainous ecosystems are particularly vulnerable to the adverse effects of climate change, Recognizing the special difficulties of those countries, especially developing countries, whose economies are particularly dependent on fossil fuel production, use and exportation, as a consequence of action taken on limiting greenhouse gas emissions, 166 No. 3 ] Climate Change Act [ 2024 3 Affirming that responses to climate change should be coordinated with social and economic development in an integrated manner with a view to avoiding adverse impacts on the latter, taking into full account the legitimate priority needs of developing countries for the achievement of sustained economic growth and the eradication of poverty, Recognizing that all countries, especially developing countries, need access to resources required to achieve sustainable social and economic development and that, in order for developing countries to progress towards that goal, their energy consumption will need to grow taking into account the possibilities for achieving greater energy efficiency and for controlling greenhouse gas emissions in general, including through the application of new technologies on terms which make such an application economically and socially beneficial, Determined to protect the climate system for present and future generations, Have agreed as follows: Article 1 DEFINITIONS* For the purposes of this Convention: 1. “Adverse effects of climate change” means changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of natural and managed ecosystems or on the operation of socio-economic systems or on human health and welfare. 2. “Climate change” means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods. 3. “Climate system” means the totality of the atmosphere, hydrosphere, biosphere and geosphere and their interactions. 4. “Emissions” means the release of greenhouse gases and/or their precursors into the atmosphere over a specified area and period of time. 5. “Greenhouse gases” means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation. 6. “Regional economic integration organization” means an organization constituted by sovereign States of a given region which has competence in respect of matters governed by this Convention or its protocols and has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to the instruments concerned. * Titles of articles are included solely to assist the reader. 167 No. 3 ] Climate Change Act [ 2024 4 7. “Reservoir” means a component or components of the climate system where a greenhouse gas or a precursor of a greenhouse gas is stored. 8. “Sink” means any process, activity or mechanism which removes a greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere. 9. “Source” means any process or activity which releases a greenhouse gas, an aerosol or a precursor of a greenhouse gas into the atmosphere. Article 2 OBJECTIVE The ultimate objective of this Convention and any related legal instruments that the Conference of the Parties may adopt is to achieve, in accordance with the relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. Article 3 PRINCIPLES In their actions to achieve the objective of the Convention and to implement its provisions, the Parties shall be guided, inter alia, by the following: 1. The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof. 2. The specific needs and special circumstances of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change, and of those Parties, especially developing country Parties, that would have to bear a disproportionate or abnormal burden under the Convention, should be given full consideration. 3. The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost. To achieve this, such policies and measures should take into account different socio-economic contexts, be comprehensive, cover all relevant sources, sinks and reservoirs of greenhouse gases and adaptation, and comprise all economic sectors. Efforts to address climate change may be carried out cooperatively by interested Parties. 168 No. 3 ] Climate Change Act [ 2024 5 4. The Parties have a right to, and should, promote sustainable development. Policies and measures to protect the climate system against human-induced change should be appropriate for the specific conditions of each Party and should be integrated with national development programmes, taking into account that economic development is essential for adopting measures to address climate change. 5. The Parties should cooperate to promote a supportive and open international economic system that would lead to sustainable economic growth and development in all Parties, particularly developing country Parties, thus enabling them better to address the problems of climate change. Measures taken to combat climate change, including unilateral ones, should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. Article 4 COMMITMENTS 1. All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances, shall: (a) Develop, periodically update, publish and make available to the Conference of the Parties, in accordance with Article 12, national inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies to be agreed upon by the Conference of the Parties; (b) Formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change by addressing anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, and measures to facilitate adequate adaptation to climate change; (c) Promote and cooperate in the development, application and diffusion, including transfer, of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol in all relevant sectors, including the energy, transport, industry, agriculture, forestry and waste management sectors; (d) Promote sustainable management, and promote and cooperate in the conservation and enhancement, as appropriate, of sinks and reservoirs of all greenhouse gases not controlled by the Montreal Protocol, including biomass, forests and oceans as well as other terrestrial, coastal and marine ecosystems; (e) Cooperate in preparing for adaptation to the impacts of climate change; develop and elaborate appropriate and integrated plans for coastal zone management, water resources and agriculture, and for the protection and rehabilitation of areas, particularly in Africa, affected by drought and desertification, as well as floods; 169 No. 3 ] Climate Change Act [ 2024 6 (f) Take climate change considerations into account, to the extent feasible, in their relevant social, economic and environmental policies and actions, and employ appropriate methods, for example impact assessments, formulated and determined nationally, with a view to minimizing adverse effects on the economy, on public health and on the quality of the environment, of projects or measures undertaken by them to mitigate or adapt to climate change; (g) Promote and cooperate in scientific, technological, technical, socio-economic and other research, systematic observation and development of data archives related to the climate system and intended to further the understanding and to reduce or eliminate the remaining uncertainties regarding the causes, effects, magnitude and timing of climate change and the economic and social consequences of various response strategies; (h) Promote and cooperate in the full, open and prompt exchange of relevant scientific, technological, technical, socio-economic and legal information related to the climate system and climate change, and to the economic and social consequences of various response strategies; (i) Promote and cooperate in education, training and public awareness related to climate change and encourage the widest participation in this process, including that of non-governmental organizations; and (j) Communicate to the Conference of the Parties information related to implementation, in accordance with Article 12. 2. The developed country Parties and other Parties included in Annex I commit themselves specifically as provided for in the following: (a) Each of these Parties shall adopt national1 policies and take corresponding measures on the mitigation of climate change, by limiting its anthropogenic emissions of greenhouse gases and protecting and enhancing its greenhouse gas sinks and reservoirs. These policies and measures will demonstrate that developed countries are taking the lead in modifying longer-term trends in anthropogenic emissions consistent with the objective of the Convention, recognizing that the return by the end of the present decade to earlier levels of anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol would contribute to such modification, and taking into account the differences in these Parties’ starting points and approaches, economic structures and resource bases, the need to maintain strong and sustainable economic growth, available technologies and other individual circumstances, as well as the need for equitable and appropriate contributions by each of these Parties to the global effort regarding that objective. These Parties may implement such policies and measures jointly with other Parties and may assist other Parties in contributing to the achievement of the objective of the Convention and, in particular, that of this subparagraph; 1 This includes policies and measures adopted by regional economic integration organizations. 170 No. 3 ] Climate Change Act [ 2024 7 (b) In order to promote progress to this end, each of these Parties shall communicate, within six months of the entry into force of the Convention for it and periodically thereafter, and in accordance with Article 12, detailed information on its policies and measures referred to in subparagraph (a) above, as well as on its resulting projected anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol for the period referred to in subparagraph (a), with the aim of returning individually or jointly to their 1990 levels these anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol. This information will be reviewed by the Conference of the Parties, at its first session and periodically thereafter, in accordance with Article 7; (c) Calculations of emissions by sources and removals by sinks of greenhouse gases for the purposes of subparagraph (b) above should take into account the best available scientific knowledge, including of the effective capacity of sinks and the respective contributions of such gases to climate change. The Conference of the Parties shall consider and agree on methodologies for these calculations at its first session and review them regularly thereafter; (d) The Conference of the Parties shall, at its first session, review the adequacy of subparagraphs (a) and (b) above. Such review shall be carried out in the light of the best available scientific information and assessment on climate change and its impacts, as well as relevant technical, social and economic information. Based on this review, the Conference of the Parties shall take appropriate action, which may include the adoption of amendments to the commitments in subparagraphs (a) and (b) above. The Conference of the Parties, at its first session, shall also take decisions regarding criteria for joint implementation as indicated in subparagraph (a) above. A second review of subparagraphs (a) and (b) shall take place not later than 31 December 1998, and thereafter at regular intervals determined by the Conference of the Parties, until the objective of the Convention is met; (e) Each of these Parties shall: (i) coordinate as appropriate with other such Parties, relevant economic and administrative instruments developed to achieve the objective of the Convention; and (ii) identify and periodically review its own policies and practices which encourage activities that lead to greater levels of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol than would otherwise occur; (f) The Conference of the Parties shall review, not later than 31 December 1998, available information with a view to taking decisions regarding such amendments to the lists in Annexes I and II as may be appropriate, with the approval of the Party concerned; (g) Any Party not included in Annex I may, in its instrument of ratification, acceptance, approval or accession, or at any time thereafter, notify the Depositary that it intends to be bound by subparagraphs (a) and (b) above. The Depositary shall inform the other signatories and Parties of any such notification. 171 No. 3 ] Climate Change Act [ 2024 8 3. The developed country Parties and other developed Parties included in Annex II shall provide new and additional financial resources to meet the agreed full costs incurred by developing country Parties in complying with their obligations under Article 12, paragraph 1. They shall also provide such financial resources, including for the transfer of technology, needed by the developing country Parties to meet the agreed full incremental costs of implementing measures that are covered by paragraph 1 of this Article and that are agreed between a developing country Party and the international entity or entities referred to in Article 11, in accordance with that Article. The implementation of these commitments shall take into account the need for adequacy and predictability in the flow of funds and the importance of appropriate burden sharing among the developed country Parties. 4. The developed country Parties and other developed Parties included in Annex II shall also assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation to those adverse effects. 5. The developed country Parties and other developed Parties included in Annex II shall take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologies and know-how to other Parties, particularly developing country Parties, to enable them to implement the provisions of the Convention. In this process, the developed country Parties shall support the development and enhancement of endogenous capacities and technologies of developing country Parties. Other Parties and organizations in a position to do so may also assist in facilitating the transfer of such technologies. 6. In the implementation of their commitments under paragraph 2 above, a certain degree of flexibility shall be allowed by the Conference of the Parties to the Parties included in Annex I undergoing the process of transition to a market economy, in order to enhance the ability of these Parties to address climate change, including with regard to the historical level of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol chosen as a reference. 7. The extent to which developing country Parties will effectively implement their commitments under the Convention will depend on the effective implementation by developed country Parties of their commitments under the Convention related to financial resources and transfer of technology and will take fully into account that economic and social development and poverty eradication are the first and overriding priorities of the developing country Parties. 8. In the implementation of the commitments in this Article, the Parties shall give full consideration to what actions are necessary under the Convention, including actions related to funding, insurance and the transfer of technology, to meet the specific needs and concerns of developing country Parties arising from the adverse effects of climate change and/or the impact of the implementation of response measures, especially on: (a) Small island countries; (b) Countries with low-lying coastal areas; (c) Countries with arid and semi-arid areas, forested areas and areas liable to forest decay; 172 No. 3 ] Climate Change Act [ 2024 9 (d) Countries with areas prone to natural disasters; (e) Countries with areas liable to drought and desertification; (f) Countries with areas of high urban atmospheric pollution; (g) Countries with areas with fragile ecosystems, including mountainous ecosystems; (h) Countries whose economies are highly dependent on income generated from the production, processing and export, and/or on consumption of fossil fuels and associated energy-intensive products; and (i) Landlocked and transit countries. Further, the Conference of the Parties may take actions, as appropriate, with respect to this paragraph. 9. The Parties shall take full account of the specific needs and special situations of the least developed countries in their actions with regard to funding and transfer of technology. 10. The Parties shall, in accordance with Article 10, take into consideration in the implementation of the commitments of the Convention the situation of Parties, particularly developing country Parties, with economies that are vulnerable to the adverse effects of the implementation of measures to respond to climate change. This applies notably to Parties with economies that are highly dependent on income generated from the production, processing and export, and/or consumption of fossil fuels and associated energy-intensive products and/or the use of fossil fuels for which such Parties have serious difficulties in switching to alternatives. Article 5 RESEARCH AND SYSTEMATIC OBSERVATION In carrying out their commitments under Article 4, paragraph 1 (g), the Parties shall: (a) Support and further develop, as appropriate, international and intergovernmental programmes and networks or organizations aimed at defining, conducting, assessing and financing research, data collection and systematic observation, taking into account the need to minimize duplication of effort; (b) Support international and intergovernmental efforts to strengthen systematic observation and national scientific and technical research capacities and capabilities, particularly in developing countries, and to promote access to, and the exchange of, data and analyses thereof obtained from areas beyond national jurisdiction; and (c) Take into account the particular concerns and needs of developing countries and cooperate in improving their endogenous capacities and capabilities to participate in the efforts referred to in subparagraphs (a) and (b) above. 173 No. 3 ] Climate Change Act [ 2024 10 Article 6 EDUCATION, TRAINING AND PUBLIC AWARENESS In carrying out their commitments under Article 4, paragraph 1 (i), the Parties shall: (a) Promote and facilitate at the national and, as appropriate, subregional and regional levels, and in accordance with national laws and regulations, and within their respective capacities: (i) the development and implementation of educational and public awareness programmes on climate change and its effects; (ii) public access to information on climate change and its effects; (iii) public participation in addressing climate change and its effects and developing adequate responses; and (iv) training of scientific, technical and managerial personnel; (b) Cooperate in and promote, at the international level, and, where appropriate, using existing bodies: (i) the development and exchange of educational and public awareness material on climate change and its effects; and (ii) the development and implementation of education and training programmes, including the strengthening of national institutions and the exchange or secondment of personnel to train experts in this field, in particular for developing countries. Article 7 CONFERENCE OF THE PARTIES 1. A Conference of the Parties is hereby established. 2. The Conference of the Parties, as the supreme body of this Convention, shall keep under regular review the implementation of the Convention and any related legal instruments that the Conference of the Parties may adopt, and shall make, within its mandate, the decisions necessary to promote the effective implementation of the Convention. To this end, it shall: (a) Periodically examine the obligations of the Parties and the institutional arrangements under the Convention, in the light of the objective of the Convention, the experience gained in its implementation and the evolution of scientific and technological knowledge; 174 No. 3 ] Climate Change Act [ 2024 11 (b) Promote and facilitate the exchange of information on measures adopted by the Parties to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments under the Convention; (c) Facilitate, at the request of two or more Parties, the coordination of measures adopted by them to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments under the Convention; (d) Promote and guide, in accordance with the objective and provisions of the Convention, the development and periodic refinement of comparable methodologies, to be agreed on by the Conference of the Parties, inter alia, for preparing inventories of greenhouse gas emissions by sources and removals by sinks, and for evaluating the effectiveness of measures to limit the emissions and enhance the removals of these gases; (e) Assess, on the basis of all information made available to it in accordance with the provisions of the Convention, the implementation of the Convention by the Parties, the overall effects of the measures taken pursuant to the Convention, in particular environmental, economic and social effects as well as their cumulative impacts and the extent to which progress towards the objective of the Convention is being achieved; (f) Consider and adopt regular reports on the implementation of the Convention and ensure their publication; (g) Make recommendations on any matters necessary for the implementation of the Convention; (h) Seek to mobilize financial resources in accordance with Article 4, paragraphs 3, 4 and 5, and Article 11; (i) Establish such subsidiary bodies as are deemed necessary for the implementation of the Convention; (j) Review reports submitted by its subsidiary bodies and provide guidance to them; (k) Agree upon and adopt, by consensus, rules of procedure and financial rules for itself and for any subsidiary bodies; (l) Seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and non-governmental bodies; and (m) Exercise such other functions as are required for the achievement of the objective of the Convention as well as all other functions assigned to it under the Convention. 175 No. 3 ] Climate Change Act [ 2024 12 3. The Conference of the Parties shall, at its first session, adopt its own rules of procedure as well as those of the subsidiary bodies established by the Convention, which shall include decision-making procedures for matters not already covered by decision-making procedures stipulated in the Convention. Such procedures may include specified majorities required for the adoption of particular decisions. 4. The first session of the Conference of the Parties shall be convened by the interim secretariat referred to in Article 21 and shall take place not later than one year after the date of entry into force of the Convention. Thereafter, ordinary sessions of the Conference of the Parties shall be held every year unless otherwise decided by the Conference of the Parties. 5. Extraordinary sessions of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, or at the written request of any Party, provided that, within six months of the request being communicated to the Parties by the secretariat, it is supported by at least one third of the Parties. 6. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State member thereof or observers thereto not Party to the Convention, may be represented at sessions of the Conference of the Parties as observers. Any body or agency, whether national or international, governmental or non-governmental, which is qualified in matters covered by the Convention, and which has informed the secretariat of its wish to be represented at a session of the Conference of the Parties as an observer, may be so admitted unless at least one third of the Parties present object. The admission and participation of observers shall be subject to the rules of procedure adopted by the Conference of the Parties. Article 8 SECRETARIAT 1. A secretariat is hereby established. 2. The functions of the secretariat shall be: (a) To make arrangements for sessions of the Conference of the Parties and its subsidiary bodies established under the Convention and to provide them with services as required; (b) To compile and transmit reports submitted to it; (c) To facilitate assistance to the Parties, particularly developing country Parties, on request, in the compilation and communication of information required in accordance with the provisions of the Convention; (d) To prepare reports on its activities and present them to the Conference of the Parties; 176 No. 3 ] Climate Change Act [ 2024 13 (e) To ensure the necessary coordination with the secretariats of other relevant international bodies; (f) To enter, under the overall guidance of the Conference of the Parties, into such administrative and contractual arrangements as may be required for the effective discharge of its functions; and (g) To perform the other secretariat functions specified in the Convention and in any of its protocols and such other functions as may be determined by the Conference of the Parties. 3. The Conference of the Parties, at its first session, shall designate a permanent secretariat and make arrangements for its functioning. Article 9 SUBSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL ADVICE 1. A subsidiary body for scientific and technological advice is hereby established to provide the Conference of the Parties and, as appropriate, its other subsidiary bodies with timely information and advice on scientific and technological matters relating to the Convention. This body shall be open to participation by all Parties and shall be multidisciplinary. It shall comprise government representatives competent in the relevant field of expertise. It shall report regularly to the Conference of the Parties on all aspects of its work. 2. Under the guidance of the Conference of the Parties, and drawing upon existing competent international bodies, this body shall: (a) Provide assessments of the state of scientific knowledge relating to climate change and its effects; (b) Prepare scientific assessments on the effects of measures taken in the implementation of the Convention; (c) Identify innovative, efficient and state-of-the-art technologies and know-how and advise on the ways and means of promoting development and/or transferring such technologies; (d) Provide advice on scientific programmes, international cooperation in research and development related to climate change, as well as on ways and means of supporting endogenous capacity-building in developing countries; and (e) Respond to scientific, technological and methodological questions that the Conference of the Parties and its subsidiary bodies may put to the body. 3. The functions and terms of reference of this body may be further elaborated by the Conference of the Parties. 177 No. 3 ] Climate Change Act [ 2024 14 Article 10 SUBSIDIARY BODY FOR IMPLEMENTATION 1. A subsidiary body for implementation is hereby established to assist the Conference of the Parties in the assessment and review of the effective implementation of the Convention. This body shall be open to participation by all Parties and comprise government representatives who are experts on matters related to climate change. It shall report regularly to the Conference of the Parties on all aspects of its work. 2. Under the guidance of the Conference of the Parties, this body shall: (a) Consider the information communicated in accordance with Article 12, paragraph 1, to assess the overall aggregated effect of the steps taken by the Parties in the light of the latest scientific assessments concerning climate change; (b) Consider the information communicated in accordance with Article 12, paragraph 2, in order to assist the Conference of the Parties in carrying out the reviews required by Article 4, paragraph 2 (d); and (c) Assist the Conference of the Parties, as appropriate, in the preparation and implementation of its decisions. Article 11 FINANCIAL MECHANISM 1. A mechanism for the provision of financial resources on a grant or concessional basis, including for the transfer of technology, is hereby defined. It shall function under the guidance of and be accountable to the Conference of the Parties, which shall decide on its policies, programme priorities and eligibility criteria related to this Convention. Its operation shall be entrusted to one or more existing international entities. 2. The financial mechanism shall have an equitable and balanced representation of all Parties within a transparent system of governance. 3. The Conference of the Parties and the entity or entities entrusted with the operation of the financial mechanism shall agree upon arrangements to give effect to the above paragraphs, which shall include the following: (a) Modalities to ensure that the funded projects to address climate change are in conformity with the policies, programme priorities and eligibility criteria established by the Conference of the Parties; (b) Modalities by which a particular funding decision may be reconsidered in light of these policies, programme priorities and eligibility criteria; 178 No. 3 ] Climate Change Act [ 2024 15 (c) Provision by the entity or entities of regular reports to the Conference of the Parties on its funding operations, which is consistent with the requirement for accountability set out in paragraph 1 above; and (d) Determination in a predictable and identifiable manner of the amount of funding necessary and available for the implementation of this Convention and the conditions under which that amount shall be periodically reviewed. 4. The Conference of the Parties shall make arrangements to implement the above-mentioned provisions at its first session, reviewing and taking into account the interim arrangements referred to in Article 21, paragraph 3, and shall decide whether these interim arrangements shall be maintained. Within four years thereafter, the Conference of the Parties shall review the financial mechanism and take appropriate measures. 5. The developed country Parties may also provide and developing country Parties avail themselves of, financial resources related to the implementation of the Convention through bilateral, regional and other multilateral channels. Article 12 COMMUNICATION OF INFORMATION RELATED TO IMPLEMENTATION 1. In accordance with Article 4, paragraph 1, each Party shall communicate to the Conference of the Parties, through the secretariat, the following elements of information: (a) A national inventory of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, to the extent its capacities permit, using comparable methodologies to be promoted and agreed upon by the Conference of the Parties; (b) A general description of steps taken or envisaged by the Party to implement the Convention; and (c) Any other information that the Party considers relevant to the achievement of the objective of the Convention and suitable for inclusion in its communication, including, if feasible, material relevant for calculations of global emission trends. 2. Each developed country Party and each other Party included in Annex I shall incorporate in its communication the following elements of information: (a) A detailed description of the policies and measures that it has adopted to implement its commitment under Article 4, paragraphs 2 (a) and 2 (b); and (b) A specific estimate of the effects that the policies and measures referred to in subparagraph (a) immediately above will have on anthropogenic emissions by its sources and removals by its sinks of greenhouse gases during the period referred to in Article 4, paragraph 2 (a). 179 No. 3 ] Climate Change Act [ 2024 16 3. In addition, each developed country Party and each other developed Party included in Annex II shall incorporate details of measures taken in accordance with Article 4, paragraphs 3, 4 and 5. 4. Developing country Parties may, on a voluntary basis, propose projects for financing, including specific technologies, materials, equipment, techniques or practices that would be needed to implement such projects, along with, if possible, an estimate of all incremental costs, of the reductions of emissions and increments of removals of greenhouse gases, as well as an estimate of the consequent benefits. 5. Each developed country Party and each other Party included in Annex I shall make its initial communication within six months of the entry into force of the Convention for that Party. Each Party not so listed shall make its initial communication within three years of the entry into force of the Convention for that Party, or of the availability of financial resources in accordance with Article 4, paragraph 3. Parties that are least developed countries may make their initial communication at their discretion. The frequency of subsequent communications by all Parties shall be determined by the Conference of the Parties, taking into account the differentiated timetable set by this paragraph. 6. Information communicated by Parties under this Article shall be transmitted by the secretariat as soon as possible to the Conference of the Parties and to any subsidiary bodies concerned. If necessary, the procedures for the communication of information may be further considered by the Conference of the Parties. 7. From its first session, the Conference of the Parties shall arrange for the provision to developing country Parties of technical and financial support, on request, in compiling and communicating information under this Article, as well as in identifying the technical and financial needs associated with proposed projects and response measures under Article 4. Such support may be provided by other Parties, by competent international organizations and by the secretariat, as appropriate. 8. Any group of Parties may, subject to guidelines adopted by the Conference of the Parties, and to prior notification to the Conference of the Parties, make a joint communication in fulfilment of their obligations under this Article, provided that such a communication includes information on the fulfilment by each of these Parties of its individual obligations under the Convention. 9. Information received by the secretariat that is designated by a Party as confidential, in accordance with criteria to be established by the Conference of the Parties, shall be aggregated by the secretariat to protect its confidentiality before being made available to any of the bodies involved in the communication and review of information. 10. Subject to paragraph 9 above, and without prejudice to the ability of any Party to make public its communication at any time, the secretariat shall make communications by Parties under this Article publicly available at the time they are submitted to the Conference of the Parties. 180 No. 3 ] Climate Change Act [ 2024 17 Article 13 RESOLUTION OF QUESTIONS REGARDING IMPLEMENTATION The Conference of the Parties shall, at its first session, consider the establishment of a multilateral consultative process, available to Parties on their request, for the resolution of questions regarding the implementation of the Convention. Article 14 SETTLEMENT OF DISPUTES 1. In the event of a dispute between any two or more Parties concerning the interpretation or application of the Convention, the Parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. 2. When ratifying, accepting, approving or acceding to the Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Convention, it recognizes as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation: (a) Submission of the dispute to the International Court of Justice; and/or (b) Arbitration in accordance with procedures to be adopted by the Conference of the Parties as soon as practicable, in an annex on arbitration. A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedures referred to in subparagraph (b) above. 3. A declaration made under paragraph 2 above shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary. 4. A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal, unless the parties to the dispute otherwise agree. 5. Subject to the operation of paragraph 2 above, if after twelve months following notification by one Party to another that a dispute exists between them, the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1 above, the dispute shall be submitted, at the request of any of the parties to the dispute, to conciliation. 6. A conciliation commission shall be created upon the request of one of the parties to the dispute. The commission shall be composed of an equal number of members appointed by each party concerned and a chairman chosen jointly by the members appointed by each party. The commission shall render a recommendatory award, which the parties shall consider in good faith. 181 No. 3 ] Climate Change Act [ 2024 18 7. Additional procedures relating to conciliation shall be adopted by the Conference of the Parties, as soon as practicable, in an annex on conciliation. 8. The provisions of this Article shall apply to any related legal instrument which the Conference of the Parties may adopt, unless the instrument provides otherwise. Article 15 AMENDMENTS TO THE CONVENTION 1. Any Party may propose amendments to the Convention. 2. Amendments to the Convention shall be adopted at an ordinary session of the Conference of the Parties. The text of any proposed amendment to the Convention shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate proposed amendments to the signatories to the Convention and, for information, to the Depositary. 3. The Parties shall make every effort to reach agreement on any proposed amendment to the Convention by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting. The adopted amendment shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties for their acceptance. 4. Instruments of acceptance in respect of an amendment shall be deposited with the Depositary. An amendment adopted in accordance with paragraph 3 above shall enter into force for those Parties having accepted it on the ninetieth day after the date of receipt by the Depositary of an instrument of acceptance by at least three fourths of the Parties to the Convention. 5. The amendment shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits with the Depositary its instrument of acceptance of the said amendment. 6. For the purposes of this Article, “Parties present and voting” means Parties present and casting an affirmative or negative vote. Article 16 ADOPTION AND AMENDMENT OF ANNEXES TO THE CONVENTION 1. Annexes to the Convention shall form an integral part thereof and, unless otherwise expressly provided, a reference to the Convention constitutes at the same time a reference to any annexes thereto. Without prejudice to the provisions of Article 14, paragraphs 2 (b) and 7, such annexes shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientific, technical, procedural or administrative character. 182 No. 3 ] Climate Change Act [ 2024 19 2. Annexes to the Convention shall be proposed and adopted in accordance with the procedure set forth in Article 15, paragraphs 2, 3 and 4. 3. An annex that has been adopted in accordance with paragraph 2 above shall enter into force for all Parties to the Convention six months after the date of the communication by the Depositary to such Parties of the adoption of the annex, except for those Parties that have notified the Depositary, in writing, within that period of their non-acceptance of the annex. The annex shall enter into force for Parties which withdraw their notification of non-acceptance on the ninetieth day after the date on which withdrawal of such notification has been received by the Depositary. 4. The proposal, adoption and entry into force of amendments to annexes to the Convention shall be subject to the same procedure as that for the proposal, adoption and entry into force of annexes to the Convention in accordance with paragraphs 2 and 3 above. 5. If the adoption of an annex or an amendment to an annex involves an amendment to the Convention, that annex or amendment to an annex shall not enter into force until such time as the amendment to the Convention enters into force. Article 17 PROTOCOLS 1. The Conference of the Parties may, at any ordinary session, adopt protocols to the Convention. 2. The text of any proposed protocol shall be communicated to the Parties by the secretariat at least six months before such a session. 3. The requirements for the entry into force of any protocol shall be established by that instrument. 4. Only Parties to the Convention may be Parties to a protocol. 5. Decisions under any protocol shall be taken only by the Parties to the protocol concerned. Article 18 RIGHT TO VOTE 1. Each Party to the Convention shall have one vote, except as provided for in paragraph 2 below. 2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States that are Parties to the Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa. 183 No. 3 ] Climate Change Act [ 2024 20 Article 19 DEPOSITARY The Secretary-General of the United Nations shall be the Depositary of the Convention and of protocols adopted in accordance with Article 17. Article 20 SIGNATURE This Convention shall be open for signature by States Members of the United Nations or of any of its specialized agencies or that are Parties to the Statute of the International Court of Justice and by regional economic integration organizations at Rio de Janeiro, during the United Nations Conference on Environment and Development, and thereafter at United Nations Headquarters in New York from 20 June 1992 to 19 June 1993. Article 21 INTERIM ARRANGEMENTS 1. The secretariat functions referred to in Article 8 will be carried out on an interim basis by the secretariat established by the General Assembly of the United Nations in its resolution 45/212 of 21 December 1990, until the completion of the first session of the Conference of the Parties. 2. The head of the interim secretariat referred to in paragraph 1 above will cooperate closely with the Intergovernmental Panel on Climate Change to ensure that the Panel can respond to the need for objective scientific and technical advice. Other relevant scientific bodies could also be consulted. 3. The Global Environment Facility of the United Nations Development Programme, the United Nations Environment Programme and the International Bank for Reconstruction and Development shall be the international entity entrusted with the operation of the financial mechanism referred to in Article 11 on an interim basis. In this connection, the Global Environment Facility should be appropriately restructured and its membership made universal to enable it to fulfil the requirements of Article 11. Article 22 RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION 1. The Convention shall be subject to ratification, acceptance, approval or accession by States and by regional economic integration organizations. It shall be open for accession from the day after the date on which the Convention is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary. 184 No. 3 ] Climate Change Act [ 2024 21 2. Any regional economic integration organization which becomes a Party to the Convention without any of its member States being a Party shall be bound by all the obligations under the Convention. In the case of such organizations, one or more of whose member States is a Party to the Convention, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under the Convention. In such cases, the organization and the member States shall not be entitled to exercise rights under the Convention concurrently. 3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by the Convention. These organizations shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of their competence. Article 23 ENTRY INTO FORCE 1. The Convention shall enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession. 2. For each State or regional economic integration organization that ratifies, accepts or approves the Convention or accedes thereto after the deposit of the fiftieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession. 3. For the purposes of paragraphs 1 and 2 above, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States members of the organization. Article 24 RESERVATIONS No reservations may be made to the Convention. Article 25 WITHDRAWAL 1. At any time after three years from the date on which the Convention has entered into force for a Party, that Party may withdraw from the Convention by giving written notification to the Depositary. 2. Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal. 3. Any Party that withdraws from the Convention shall be considered as also having withdrawn from any protocol to which it is a Party. 185 No. 3 ] Climate Change Act [ 2024 22 Article 26 AUTHENTIC TEXTS The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention. DONE at New York this ninth day of May one thousand nine hundred and ninety-two. 186 No. 3 ] Climate Change Act [ 2024 23 Annex I Australia Austria Belarusa Belgium Bulgariaa Canada Croatiaa * Czech Republica * Denmark European Economic Community Estoniaa Finland France Germany Greece Hungarya Iceland Ireland Italy Japan Latviaa Liechtenstein* Lithuaniaa Luxembourg Monaco* Netherlands New Zealand Norway Polanda Portugal Romaniaa Russian Federationa Slovakiaa * Sloveniaa * Spain Sweden Switzerland Turkey Ukrainea United Kingdom of Great Britain and Northern Ireland United States of America a Countries that are undergoing the process of transition to a market economy. * Publisher’s note: Countries added to Annex I by an amendment that entered into force on 13 August 1998, pursuant to decision 4/CP.3 adopted at COP.3. 187 No. 3 ] Climate Change Act [ 2024 24 Annex II Australia Austria Belgium Canada Denmark European Economic Community Finland France Germany Greece Iceland Ireland Italy Japan Luxembourg Netherlands New Zealand Norway Portugal Spain Sweden Switzerland United Kingdom of Great Britain and Northern Ireland United States of America Publisher’s note: Turkey was deleted from Annex II by an amendment that entered into force 28 June 2002, pursuant to decision 26/CP.7 adopted at COP.7. - - - 188 No. 3 ] Climate Change Act [ 2024 SCHEDULE 5 (Section 8) LIST OF AGENCIES REPRESENTED ON THE COMMITTEE 1. Government agency responsible for Climate Change 2. Government agency responsible for Infrastructure 3. Government agency responsible for Ports 4. Government agency responsible for Meteorology 5. Government agency responsible for Agriculture 6. Government agency responsible for Forests 7. Government agency responsible for Fisheries 8. Government agency responsible for Water Resources 9. Government agency responsible for Physical Planning 10. Government agency responsible for Health 11. Government agency responsible for Tourism 12. Government agency responsible for Finance 13. Government agency responsible for Renewable Energy 14. Government agency responsible for Economic Development 15. Government agency responsible for Transport 16. Government agency responsible for Education 17. Government agency responsible for Gender 18. Government agency responsible for Protected Areas 19. Government agency responsible for Biodiversity 20. Government agency responsible for Coastal Zone Management 21. Government agency responsible for Social Equity or Transformation 22. Government agency responsible for External Affairs 23. National Emergency Management Organization 24. Water and Sewerage Company Inc. 25. The National Insurance Council of Saint Lucia 26. Saint Lucia Bankers Association 27. National Conservation Authority 28. Saint Lucia Electrical Services Limited 29. Saint Lucia Solid Waste Management Authority 189 No. 3 ] Climate Change Act [ 2024 30. Saint Lucia Air and Sea Ports Authority 31. Saint Lucia National Trust 32. Saint Lucia National Youth Council 33. Saint Lucia Chapter of Caribbean Youth Environment Network 34. Coalition of Civil Society Organizations 35. Saint Lucia Chamber of Commerce, Industry and Agriculture Passed in the House of Assembly this 13th day of February, 2024. JEREMIAH NORBERT, Deputy Speaker of the House of Assembly. Passed in the Senate this 27th day of February, 2024. ALVINA REYNOLDS, President of the Senate. SAINT LUCIA PRINTED BY THE NATIONAL PRINTING CORPORATION CASTRIES 2024 [ Price : $49.50 ]