Kyoto Protocol to the Convention on Climate Change

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 andguidance of the Conference of the Parties serving as the meeting of the Parties
to this Protocol and be supervised by an executive board of the clean
development mechanism.

5. Emission reductions resulting from each project activity shall be certified
by operational entities to be designated by the Conference of the Parties
serving as the meeting of the Parties to this Protocol, on the basis of:

(a) Voluntary participation approved by each Party involved;

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

(c) Reductions in emissions that are additional to any that would occur in
the absence of the certified project activity.

6. The clean development mechanism shall assist in arranging funding of
certified project activities as necessary.

7. The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall, at its first session, elaborate modalities and procedures with
the objective of ensuring transparency, efficiency and accountability through
independent auditing and verification of project activities.

8. The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall ensure that a share of the proceeds from certified project
activities is used to cover administrative expenses as well as to assist
developing country Parties that are particularly vulnerable to the adverse
effects of climate change to meet the costs of adaptation.

9. Participation under the clean development mechanism, including in activities
mentioned in paragraph 3(a) above and 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 thisProtocol, shall be substituted by an additional member to be elected by and from
amongst the Parties to this Protocol.

4. The Conference of the Parties serving as the meeting of the Parties
to this Protocol shall keep under regular review the implementation of this
Protocol and shall make, within its mandate, the decisions necessary to promote
its effective implementation. It shall perform the functions assigned to it by
this Protocol and shall:

(a) Assess, on the basis of all information made available to it in
accordance with the provisions of this Protocol, the implementation of this
Protocol by the Parties, the overall effects of the measures taken pursuant to
this Protocol, in particular environmental, economic and social effects as well
as their cumulative impacts and the extent to which progress towards the
objective of the Convention is being achieved;

(b) Periodically examine the obligations of the Parties under this Protocol,
giving due consideration to any reviews required by Article 4, paragraph 2(d),
and Article 7, paragraph 2, of the Convention, in the light of the objective of
the Convention, the experience gained in its implementation and the evolution of
scientific and technological knowledge, and in this respect consider and adopt
regular reports on the implementation of this Protocol;

(c) Promote and facilitate the exchange of information on measures adopted by
the Parties to address climate change and its effects, taking into account the
differing circumstances, responsibilities and capabilities of the Parties and
their respective commitments under this Protocol;

(d) Facilitate, at the request of two or more Parties, the coordination of
measures adopted by them to address climate change and its effects, taking into
account the differing circumstances, responsibilities and capabilities of the
Parties and their respective commitments under this Protocol;

(e) Promote and guide, in accordance with the objective of the Convention and
the provisions of this Protocol, and taking fully into account the relevant
decisions by the Conference of the Parties, the development and periodic
refinement of comparable methodologies for the effective implementation of this
Protocol, to be agreed on by the Conference of the Parties serving as the
meeting of the Parties to this Protocol;

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

(g) Seek to mobilize additional financial resources in accordance with
Article 11, paragraph 2;

(h) Establish such subsidiary bodies as are deemed necessary for the
implementation of this Protocol;

(i) Seek and utilize, where appropriate, the services and cooperation of, and
information provided by, competent International Organizations and
intergovernmental and non-governmental bodies; and

(j) Exercise such other functions as may be required for the implementation
of this Protocol, and consider any assignment resulting from a decision by theConference 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.

Author: international

Mentioned in these Entries

International Organizations, country.