Coming into force of KP CP2

Legal assistance paper

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Date produced: 04/12/2012

1. Do the two rules for the coming into force of the Kyoto Protocol, number of countries and proportion of Annex I countries with certain percentage of global emissions, need to be met again for the coming into force of a second commitment period under the Kyoto Period?

2. Are there any particular rules for the implementation of the second commitment period?

Summary:

Article 25 governs the entry into force of the Protocol itself, and once in force the Protocol’s own provisions for amendments would apply regarding the contemplated second commitment period. The entry into force rules under Article 25 would therefore not apply to bringing a potential second commitment period into force.

The contemplated second commitment period would be implemented through an amendment to the Kyoto Protocol and not through a separate international instrument. Therefore, the rules for amendments in Articles 20 and 21 of the Kyoto Protocol would apply.n However, amendments will also need to be made to previous decisions implementing the Kyoto Protocol including those in the Marrakesh Accords.

Advice:

1. The coming into force rules for the Kyoto Protocol require the deposit of instruments of ratification, acceptance, approval or accession of at least 55 Parties to the Convention and a necessary number of Annex I Parties accounting for at least 55 per cent of the total carbon dioxide emissions for 1990 of Annex I Parties as a whole.

Article 25 governs the entry into force of the Protocol itself, and once in force the Protocol’s own provisions for amendments would apply regarding the contemplated second commitment period. The entry into force rules under Article 25 would therefore not apply to bringing a potential second commitment period into force.

2. The contemplated second commitment period would be implemented through an amendment to the Kyoto Protocol and not through a separate international instrument. Therefore, the rules for amendments in Articles 20 and 21 of the Kyoto Protocol would apply.

With respect to the entry into force of adopted amendments (including amendments to implement a second commitment period), paragraph 4 of Article 20 requires the deposit of instruments of acceptance by at least three-quarters of the Parties to the Protocol and the amendments would enter into force 90 days after the three-quarters threshold is reached.

Aside from the entry into force provisions described above, and in addition to amending the Kyoto Protocol itself, amendments will also need to be made to previous decisions implementing the Kyoto Protocol. This includes amending the rules for the implementation of the Kyoto Protocol which were adopted in Marrakesh in 2001 (“the Marrakesh Accords”) and this task is currently contemplated in Part 6 of the latest draft decision for amendments to the Kyoto Protocol under the AWG-KP.