Kyoto Protocol to the Convention on Climate Change 6

Kyoto Protocol to the Convention on Climate Change

 

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 becommunicated 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.

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.

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.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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