Forests in Article 6, Paris Agreement

Legal assistance paper

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Date produced: 15/10/2018

Can you review the current draft text on markets under Article 6 of the Paris Agreement, and APA agenda items 12(a) and (b), cooperative approaches and sustainable development mechanism, respectively, and suggest additions and/or amendments to ensure the protection and management of forests will be part of future discussions?


Advice:

Some parties are reluctant to include mitigation action in the forest sector into the scope of markets under Article 6 paragraphs 2 and 4 – cooperative approaches, mechanism for sustainable development.

The recent IPCC’s special report on 1.5°C global warming and a vast number of other publications, however, highlight the urgent needs to protect and restore forests.

The Paris Agreement, in Art.5 paragraph 1, explicitly states that: “Parties should take action to conserve and enhance, as appropriate, sinks and reservoirs of greenhouse gases as referred to in Article 4, paragraph 1(d), of the Convention, including forests.”

Decision 1/CP.16 (The Cancun Agreements: Outcome of the work of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention, of 2010) in paragraph 70 encourages developing country Parties to contribute to mitigation actions in the forest sector by undertaking the following activities, as deemed appropriate by each Party and in accordance with their respective capabilities and national circumstances:

  • Reducing emissions from deforestation
  • Reducing emissions from forest degradation
  • Conservation of forest stocks
  • Sustainable management of forests
  • Enhancement of forest carbon stocks

The following table highlights possible additions to the current text and also proposals in the text that could undermine the inclusion of forest related mitigation activities.

DRAFT TEXT on

SBSTA 48-2 agenda item 12(a)


Matters relating to Article 6 of the Paris Agreement:


Guidance on cooperative approaches referred to in Article 6, paragraph 2,

of the Paris Agreement

 

Version 1 of 9 September 02:00 hrs

 

Annex I

Draft guidance on cooperative approaches referred to in Article 6, paragraph 2, of the Paris Agreement

Page 2
II. Principles
Option A {list of principles} {potential list below}

1. Each participating Party engaging in cooperative approaches referred to in Article 6, paragraph 2, of the Paris Agreement1 (hereinafter referred to as cooperative approaches) that involve the use of internationally transferred mitigation outcomes (ITMOs) towards achievement of nationally determined contributions (NDCs) [shall][should] be guided by the following further principles:

(a) In accordance with Article 6, paragraph 1, participation in cooperative approaches is voluntary;

(b) Pursuant to Article 6, paragraph 1, cooperative approaches allow Parties [shall][should] maintain current ambition} in their NDC and allow for higher mitigation and adaptation ambition;…

Option B (no principles)

{no text required}

Add separate “further principle” – e.g. under (f) or as point (o):

“Pursuant to Article 5 paragraph 1, Parties should take action to conserve and enhance, as appropriate, sinks and reservoirs of greenhouse gases as referred to in Article 4, paragraph 1(d), of the Convention, including forests.”

VI. Internationally transferred mitigation outcomes A. Internationally transferred mitigation outcomes that may be/are used towards achievement of a nationally determined contribution
Page 5
4. Scope
Option A {guidance on scope}

13. An ITMO may be created for any of the following {potential list below}:

(a) Emission reductions;

(b) Emission removals;

(c) Emissions avoided;

(d) The full spectrum of mitigation outcomes, including mitigation co-benefits of adaptation actions and/or economic diversification plans;

(e) Net absolute national reductions;

Option B {no guidance on scope}

{no text required}

An ITMO for mitigation action in the forest sector could fall under (b) emission removals, and (c) emissions avoidance. It may, however, possibly be useful – but politically challenging – to further emphasise this by inserting a sub-item:

“(f) Mitigation actions in the forest sector as referred to in Decision 1/CP.16, paragraph 70;”

XIV. Safeguards
Page 20
B. Limits1. Limits on creation and first/only transfer
109. A Party [shall][should] not create or first/only transfer ITMOs where the ITMOs have been achieved in sectors that have a high degree of uncertainty {further text needed}.In the negotiations, this could be used as an “entry point” to specifically reference the forest sector as having a “high degree of uncertainty”.  So maybe delete that provision or adjust to say, “…where the ITMOs have been achieved in sectors that the Party considers to have a high degree of uncertainty” and/or “is still planning to address existing uncertainty through domestic rules and regulations”.
DRAFT TEXTon

 SBSTA 48-2 agenda item 12(b)

Matters relating to Article 6 of the Paris Agreement:

Rules, modalities and procedures for the mechanism established by Article 6, paragraph 4, of the Paris Agreement

 

Version 1 of 9 September 02:00 hrs

 

Annex I

Draft rules, modalities and procedures for the mechanism established by Article 6, paragraph 4, of the Paris Agreement

Page 2
II. Principles
Option A {list of principles}

1. The following principles [shall][should] guide the implementation of the mechanism established by Article 6, paragraph 4, of the Paris Agreement (hereinafter referred to as the mechanism) {potential list below}:

(a) The mechanism [shall][should] contribute to the objectives of the Paris Agreement as referred to in its Article 2;

(b) In accordance with Article 6, paragraph 4(a), the mechanism [shall][should] aim to promote the mitigation of greenhouse gas emissions while fostering sustainable development;

Option B {no list of principles}

{no text needed}

Add separate “further principle”:

“Pursuant to Article 5 paragraph 1, Parties should take action to conserve and enhance, as appropriate, sinks and reservoirs of greenhouse gases as referred to in Article 4, paragraph 1(d), of the Convention, including forests.”

Page 3
IV. Scope and purposeA. Scopes of activities
3. The following mitigation is included within the scope of the mechanism: {potential list below}:

(a) Emission reductions;

(b) Emission removals;

(c) Emissions avoided;

(d) A full spectrum of mitigation activities, including mitigation co-benefits of adaptation actions and/or economic diversification plans.

Possibly add new item – for clarification purposes:

“(e) Mitigation actions in the forest sector in accordance with Decision 1/CP.16, paragraph 70.”

4. The following types of mitigation activity may be registered as Article 6, paragraph 4, activities {potential list below}:

Option A {projects and programmes}

(a) Projects;

(b) Programmes of activities;

Possibly add “(c) Activities referred to in Decision 1/CP.16, paragraph 70.”
Page 4
Option B {projects, programmes, sectoral, other types approved}

(c) Projects;

(d) Programmes of activities;

(e) Sectoral approaches;

Possibly add “Activities referred to in Decision 1/CP.16, paragraph 70;”
Option C {Option B (a) to (d) plus other programmes} {text from Option B

(a) to (d)}

(g) Activities under non-UNFCCC programmes.

{end of Option C}

Page 13
B. Authorizing participation of public and private entities

65. Participating Parties [shall][should] authorize public and private entities to participate in Article 6, paragraph 4 activities {potential list below}:

(a) Drawing on the experience gained through the implementation of joint implementation and the clean development mechanism under the Kyoto Protocol;

Add after Kyoto Protocol “…as well as REDD readiness and other activities in the forest sector.”
XII Eligible mitigation activitiesB General requirement for mitigation activities
Page 15
78. An Article 6 activity [shall][should] {potential list below}:

(a) Not lead to an increase in global emissions;

(b) Not impede the progression of the NDC of the host Party;

(c) Be consistent with the United Nations Sustainable Development Goals and the sustainable development objectives of the host Party;

(d) Be consistent with and not pose a threat to human rights;

(e) Not include actions referred to in Article 5;

Delete paragraph 78 (e) – a direct reference to forests.