Draft Proposal for a Paris Protocol on Climate Change

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Date produced: 25/02/2014

What could a new protocol adopted in Paris theoretically look like?

D R A F T

The Parties to this Protocol

PREAMBLE

Acknowledging that change in Mother Earth’s climate and the protection of its atmosphere is a common concern of human kind,

Recognizing that poor and vulnerable groups and communities all over the world are most affected by climate change and its adverse effects,

Recognizing that developed countries are responsible for climate change and have exhausted their fair share of atmospheric space,

Conscious that this Protocol is adopted under the United Nations Framework Convention on Climate Change to ensure the effective and equitable implementation of its principles and provisions,

Recalling the Decisions of the Parties to the United Nations Framework Convention on Climate Change 1/CP.13, the Bali Action Plan, 1/CP.17 on the establishment of an Ad Hoc Working Group on the Durban Platform for Enhanced Action and the adoption and amendment of the Kyoto Protocol,

Aware that serious additional and ambitious efforts are required to reduce and limit greenhouse gas emission before the entry into force of this Protocol,

Concerned that the world is nowhere near to fully understand the potential magnitude of damages from slow onset events attributable to climate change,

Recalling principle 10 of the Rio Declaration and mindful that citizens must fully participate at all levels in the decision making on climate change,

Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as “the Convention”,

Have agreed as follows:

SECTION 1 – SCOPE AND PURPOSE

Article 1 – DEFINITIONS

For the purposes of this Protocol, the definitions contained in Article 1 of the Convention shall apply. In addition:

1. “Adaptation Committee” means the committee established as part of the Cancun Adaptation Framework (Decision 1/CP.16) to promote the implementation of enhanced action on adaptation in a coherent manner under the Convention.

2. “Adaptation Fund” means the fund established under the Kyoto Protocol to finance concrete adaptation projects and programmes in developing country Parties to the Kyoto Protocol that are particularly vulnerable to the adverse effects of climate change.

3. “Compliance Committee” means the committee established under Article 18 of the Kyoto Protocol through decision 27/CMP.1 with reference to decision 24/CP.7 of the Marrakesh Accords, to facilitate, promotion and enforce mitigation commitments.

4. “Conference of the Parties” means the Conference of the Parties to the Convention.

5. “Convention” means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992.

6. “Developed country Parties” means all Parties to this Protocol that are defined as developed country Parties by the Convention and its annexes.

7. “Developing country Parties” means all Parties to this Protocol that are not defined as developed country Parties.

8. “Green Climate Fund” means the operating entity of the financial mechanism envisaged under Article 11 of the Convention, which the Parties decided to establish in decision 1/CP.16 to support projects, programmes, policies and other activities in developing country Parties.

9. “Institutional Mechanism for Loss and Damage” means the international mechanism established in Warsaw through decision 2/CP.19 to promote the implementation of approaches to address loss and damage associated with the impacts of climate change in developing countries that are particularly vulnerable to the adverse effects of climate change.

10. “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.

11. “Kyoto Protocol” means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, adopted in Kyoto on 11 December 1997.

12. “Meeting of Parties” means the Meeting of the Parties to this Protocol.

13. “Montreal Protocol” means the Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on 16 September 1987 and as subsequently adjusted and amended.

14. “Party” means a Party to this Protocol.

15. “Parties present and voting” means Parties present and casting a vote.

16. “Technology Mechanism” means the mechanism established on the basis of the Cancun Agreements (Decision 1/CP.16) to enhance action on technology development and transfer, comprising a Technology Executive Committee and a Climate Technology Centre and Network.

17. “United Nations Population division” means the Population division in the Department of Economic and Social Affairs of the United Nations updated demographic estimates and projections for all countries.

18. “World Bank” means the group of development institutions comprising the International Bank for Reconstruction and Development (IBRD), International Development Association, the International Finance Corporation (IFC), the Multilateral Guarantee Agency (MIGA), and the International Centre for the Settlement of Investment Disputes (ICSID), with its headquarters in Washington DC.

19. “Zero net emissions” means the reduction of greenhouse gas emissions to zero if and to the extent possible through more sustainable production, consumption and lifestyles, technical innovation and offsetting by sinks.

Article 2 – OBJECTIVE

The objective of this Protocol is to phase out anthropogenic greenhouse gas emissions with a target of zero net emissions by 2050.

Article 3 – RIGHTS AND OBLIGATIONS

1. All Parties have an obligation to ensure that anthropogenic greenhouse gas emissions within their territory or control do not alter the composition of the atmosphere to an extent that causes serious harm to the environment of other states or of areas beyond national jurisdiction.

2. In exercising their sovereign rights related to the exploitation of resources Parties shall act with due diligence to avoid, minimize and control anthropogenic greenhouse gas emissions and assess the impacts of activities within their territory or control on the climate system.

3. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing measures to address climate change and mitigate its adverse effects.

4. All Parties shall cooperate with each other and the competent international organisations in good faith to address climate change and its impacts.

5. Developed country Parties shall compensate developing country Parties that are particularly vulnerable to the adverse effects of climate change for serious damage caused by their share of global anthropogenic greenhouse gas emission prior to the entry into force of this Protocol.

6. Developed country Parties shall provide new and additional finance needed by developing country Parties to meet the agreed costs of measures and projects to address climate change and its adverse effects.

7. Developed country Parties shall transfer climate-related technology reasonably requested by developing country Parties.

8. Developing country Parties have the right to development that meets the needs of the present without compromising on the ability of future generations to meet their own needs.

9. The rights and obligations of developing country Parties under this Protocol shall reflect their particular vulnerability to climate change based and its adverse effects. Vulnerability of developing country Parties will be determined on the basis of vulnerability indicators to be defined by the Meeting of Parties.

10. Measures by all Parties to address climate change and its impacts shall comply with internationally agreed standards on human, social and economic rights, be fair and equitable, and take into account the vulnerability of different groups and communities.

11. All Parties in their international and domestic efforts to address climate change shall ensure that related decisions are taken with effective and equal participation by women, youth and other vulnerable groups.

12. All Parties shall ensure that equal access to prompt and adequate compensation is available under their jurisdiction to victims of loss and damage attributable to climate change and its adverse effects.

SECTION 2 – APPLICATION AND IMPLEMENTATION OF OBLIGATIONS

Article 4 – MITIGATION

1. The increase in global average temperature shall remain well below a maximum of 1.5 °C above pre-industrial levels.

2. For this purpose and to meet the ultimate objective of this Protocol the Intergovernmental Panel on Climate Change shall, on the basis of the best available scientific knowledge, biennially determine the total amount of anthropogenic carbon dioxide equivalent emissions of the greenhouse gases that can be released into the atmosphere without exceeding this threshold.

3. The total amount determined by the Intergovernmental Panel on Climate Change will be assigned biennially to all countries on a per capita basis using the most recent estimates of the United Nations Population Division.

4. All Parties shall, individually or jointly, ensure that their economy-wide aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A shall not exceed their assigned amount.

5. The provisions of the Kyoto Protocol and subsequent decisions by the Meeting of the Parties to the Kyoto Protocol on measuring, reporting, verification and methodological issues shall continue to apply under this Protocol with regard to the greenhouse gas emissions of all Parties.

6. The Flexible Mechanisms defined under Articles 6, 12 and 17 of the Kyoto Protocol and the relevant principles, modalities, procedures, rules and guidelines to measure emissions and emission removals subsequently determined by the Meeting of the Parties to the Kyoto Protocol and the Conference of the Parties shall apply mutatis mutandis with regard to the greenhouse gas emissions of all Parties.

7. The Meeting of Parties shall, at its first session, review the adequacy of paragraphs 5 and 6 above in the light of best available scientific information and amend previous decisions by the Meeting of the Parties to the Kyoto Protocol and the Conference of the Parties in order to ensure that all Parties to this Protocol adequately contribute to the global mitigation efforts.

8. Prior to the first Meeting of Parties to this Protocol, each Party shall provide for consideration by the Meeting of Parties data to establish its level of carbon stocks in 2015 and to enable an estimate to be made of its changes in carbon stocks in subsequent years.

9. Each Party shall have in place, no later than one year prior to the entry into force of this Protocol, 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.

Article 5 – ADAPTATION

1. Parties shall ensure that people and their environments, in particular vulnerable groups and communities, can, to the extent mitigation efforts fail to prevent the adverse effects of climate change, adapt to those effects.

2. Building on the adaptation framework established under the Convention, the Adaptation Committee shall facilitate the provision of support to groups and communities in identifying, developing and implementing of strategies, projects and other response measures which build and strengthen their resilience to climate change.

3. For this purpose the Adaptation Committee shall assist and guide the Parties joint and individual strategies, programmes and actions by, inter alia:

(a) Compiling and disseminating relevant information, knowledge, experience and good practices;

(b) Coordinate adaptation action with relevant global and regional development strategies, projects and other initiatives by multilateral institutions, the public and private sectors;

(c) Establish on an ad hoc basis subsidiary bodies and institutions required for effective adaptation action;

(d) Appoint and work through local agents and experts; and

(e) Collaborate and utilise the services of competent governmental and non-governmental organisations, public and private institutions and other entities.

4. The Adaptation Committee shall allocate the necessary financial resources to develop and implement strategies, programmes and projects for the adaptation to climate change in developing countries, particularly Least Developed Countries, in accordance with the needs clearly identified in national adaptation plans and other communications.

5. The Adaptation Committee shall be guided in all areas of its work by the following order of priorities:

(a) the protection of human life and health;

(b) food security;

(c) conservation of the natural environment and ecosystems;

(d) enabling people to cope with environmental change; and

(e) building and strengthening climate-resilience.

6. The Adaptation Committee shall develop objective and equitable rules and regulations with the participation of concerned stakeholders to carry out the assigned tasks. These shall, inter alia, address the procedural and substantive requirements for funding and the accountability for funds allocated.

Article 6 – LOSS AND DAMAGE

1. Compensation for loss and damage associated with the impacts of climate change in developing countries that are particularly vulnerable to the adverse effects of climate change as a result of greenhouse gas emissions prior to the entry into force of the Protocol shall be provided by developed countries in accordance with their respective effective contributions to global greenhouse gas emissions since industrialization.

2. A climate change loss and damage compensation fund to settle claims for loss and damage associated with the impacts of climate change in developing countries that are particularly vulnerable to the adverse effects of climate change is herewith established.

3. The Meeting of the Parties to this Protocol shall adopt rules and regulations on the type, scope and criteria for compensation claims associated with the impacts of climate change in developing countries that are particularly vulnerable to the adverse effects of climate change. This includes the substantive and procedural requirements for such claims, their submission, subsequent decisions and appeals.

4. The fund shall be managed by an executive committee appointed by and accountable to the Meeting of Parties with equal membership from developed and developing country Parties. The executive committee shall monitor compliance with this article and regularly report to the Meeting of Parties.

5. To the extent possible, the fund shall operate as part of the institutional mechanism and arrangements on loss and damage agreed by the Parties to the Convention. The Meeting of Parties to this Protocol shall, at its first session, decide on further institutional arrangements required to manage and operate the fund in an efficient and cost effective manner. It shall periodically review and, if necessary, amend and supplement these arrangements.

6. Developed country Parties shall be jointly and severally liable for compensation awarded to the victims of loss and damage attributable to climate change.

7. The expenses of the fund shall be borne by developed country Parties in accordance with their share of estimated global greenhouse gas emission between 1850 and 2020 adjusted to reflect that only developed country Parties are obliged to make such contributions. The required individual contributions to the fund will be calculated on the basis of the best available scientific information, including inventory submissions under the convention. A group of experts appointed by the Meeting of Parties, at its first session, shall determine the proportional share of developing country Parties’ contributions to the fund in percentage points.

8. Within that fund a working capital fund shall be maintained at a level to be determined from time to time by the Meeting of Parties to compensate victims of loss and damage attributable to climate change in an efficient and timely manner. The source of moneys of the working capital fund shall be advances from developed country Parties and, if necessary, the Green Climate Fund.

9. Developing country Parties shall ensure that equal access to prompt and adequate compensation is available under their jurisdiction to communities, groups and individuals whose rights and interests are seriously harmed by climate change and its adverse impacts. Domestic rules and regulations shall primarily protect the rights and interests of vulnerable claimants.

Article 7 – FINANCE

1. Developed country Parties shall contribute at least 1.5% of their Gross Domestic Product as estimated by the World Bank to the Green Climate Fund to support mitigation and adaptation efforts in developing country Parties. Financial support allocated through the Green Climate Fund shall as a general rule prioritize effective adaptation action.

2. Developed country Parties’ annual contributions to the Green Climate Fund shall be additional to the overseas development aid allocation and commitments in their national budgets which should represent at least 0.7 percent of the Party’s Gross Domestic Product as estimated by the World Bank.

3. Other Parties with an ability to do so are encouraged to make additional contributions to the Green Climate Fund.

4. The Green Climate Fund shall annually publish a list of contributions received by developed country Parties and other Parties.

5. The Secretariat shall annually publish a list of financial contributions due to the Green Climate Fund and the climate change loss and damage compensation fund.

6. The Adaptation Fund established under the Kyoto Protocol shall continue to operate and be integrated into the financial structure of the Green Climate Fund. Revenues generated through the Adaptation Fund shall be additional to the financial support provided under this article. The Meeting of Parties shall decide on all final organisational arrangements, based on proposals drawn up by the Adaptation Fund Board in consultation with the Board of the Green Climate Fund.

Article 8 – TECHNOLOGY TRANSFER AND CAPACITY BUILDING

1. Developed country Parties shall provide the necessary technological and capacity building support for developing countries to take effective mitigation and adaptation actions.

2. To stay within the global carbon budget Parties shall pursue an equitable low-carbon development path. For this purpose, all Parties shall promote, facilitate, cooperate on, and finance the development, deployment, transfer, diffusion or access to environmentally sound mitigation and adaptation technologies and know-how.

3. The Technology Mechanism shall manage the transfer of climate-related technology and expertise to developing countries. This shall include further research, capacity building, exchange of information and technical cooperation. The necessary financial resources will be made available by the Green Climate Fund.

4. Intellectual property rights related to technologies identified as important by the Technology Mechanism for effective mitigation and adaptation actions by developing countries shall be permanently transferred and shared with the Technology Mechanism. All Parties shall take the necessary legislative and administrative measure.

5. In the event of a conflict between the obligations of the Parties to this Protocol and their obligations under any other relevant international agreement, in particular on trade and intellectual property rights, their obligations under the present Protocol shall prevail.

Article 9 – COMPLIANCE

1. If a Party exceeds the amount of economy-wide aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases assigned to it, the excess will be deducted from the amount assigned to it for the next biennial.

2. Otherwise, the provisions of the Kyoto Protocol and subsequent decisions by the Meeting of the Parties on, inter alia, international expert review processes and the compliance system shall continue to apply mutatis mutandis under this Protocol with regard to mitigation efforts by all Parties.

3. Decisions of the Compliance Committee under this Protocol shall be legally binding on the Parties.

4. The Meeting of Parties shall, at its first session, review the adequacy of the paragraphs 2 and 3 above in the light of best available scientific information and amend previous decisions by the Meeting of the Parties to the Kyoto Protocol in order to ensure that all Parties to this Protocol adequately contribute to the global mitigation efforts.

5. A Party which is in arrears in the payment of its contributions to the Green Climate Fund and other financial commitments by more than a year shall have no right to participate in the Meetings of Parties to this Protocol and the flexible mechanisms defined by the Kyoto Protocol.

6. In the event of persistent failure to comply with obligations related to mitigation or finance under this Protocol and to take corrective action within a reasonable time the Meeting of Parties shall report such cases of non-compliance to the United Nations Security Council.

Article 10 – SETTLEMENT OF DISPUTES

1. The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Protocol.

2. All parties recognise as compulsory ipso facto and without special agreement the jurisdiction of the International Court of Justice in all legal disputes arising under this Protocol, including the nature or extent of the reparation to be made for the breach of an international obligation.

3. In addition, a multilateral consultative process for the resolution of questions regarding the implementation of this Protocol, other than those addressed in Article 9, such as collaboration on adaptation, technology transfer or the provision of access to compensation for loss and damage is herewith established. Committee members who are experts in relevant fields shall be nominated by the Parties, the secretariat and the Meeting of Parties. To resolve questions, provide advice and make recommendations, they may draw upon the necessary outside expertise.

SECTION 3 – OPERATIONAL FRAMEWORK

Article 11 – MEETING OF THE PARTIES

1. The Conference of the Parties of the Convention, shall serve as the Meeting of 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 Meeting of Parties. Decisions under this Protocol shall be taken only by those that are Parties to this Protocol.

3. When the Conference of the Parties serves as the meeting of 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 replaced by an additional member to be elected by and from amongst the Parties to this Protocol.

4. The Meeting of Parties to this Protocol shall periodically review and assess the effectiveness of this Protocol in coordination with reviews under the Convention. Based on these reviews, the Meeting of Parties to this Protocol shall take, within its mandate, further action to ensure the permanent implementation of the objectives of the Convention, its principles and commitments.

5. The Meeting of Parties shall perform the functions assigned to it by this Protocol and inter alia:

(a) Consider the application and implementation of obligations under this Protocol by the Parties, and the overall effects of the measures taken pursuant to this Protocol;

(b) Promote and facilitate the exchange of information on measures adopted by the Parties to address climate change and its effects;

(c) Facilitate, at the request of two or more Parties, the coordination of measures adopted by them to address climate change and its effects;

(d) Promote and guide the development and periodic refinement of comparable methodologies for the effective implementation of this Protocol;

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

(f) Mobilize additional financial resources;

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

(h) Regularly review the impact of climate change and climate change response measures on women, youth and other vulnerable groups vulnerable groups, and act on recommendations by the commission on gender and climate change;

(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.

6. The rules of procedure of the Conference of the Parties and financial procedures applied under the Convention shall be applied mutatis mutandis under this Protocol, except as otherwise determined in this Protocol or decided by the Meeting of Parties.

7. The first session of the Meeting of 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 Meeting of Parties to this Protocol shall be held every year in conjunction with ordinary sessions of the Conference of the Parties, unless otherwise decided by the Meeting of Parties to this Protocol.

8. Extraordinary sessions of the Meeting of Parties to this Protocol shall be held at such other times as may be deemed necessary by the Meeting of 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.

9. If required for the effective and timely implementation of this Protocol, the Meeting of Parties, may, for a limited period of time not exceeding one year, agree to establish ongoing standing negotiations.

10. 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 Meeting of Parties to this Protocol as observers. Any national or international, governmental or non-governmental organisation, 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 Meeting of Parties to this Protocol as an observer, may be so admitted unless at least one third of the Parties present object. Any observer to the Convention shall also be allowed to be represented at the Meetings of Parties to this Protocol as an observer. The admission and participation of observers shall be subject to the rules of procedure, as referred to above.

Article 12 – SUBSIDIARY BODIES

1. The Subsidiary Bodies for Scientific and Technological Advice and Implementation established by Articles 9 and 10 of the Convention shall serve as the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Protocol, respectively. 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 the Subsidiary Bodies 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 those that are 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 replaced by an additional member to be elected by and from amongst the Parties to this Protocol.

Article 13 – SECRETARIAT

The secretariat of the Convention shall serve as the secretariat of this Protocol. It shall exercise the functions assigned to it in Article 8 of the Convention with regard to this Protocol mutatis mutandis and any other functions assigned to it under this Protocol.

Article 14 – SUBSIDIARY BODY REPRESENTING THE INTEREST OF FUTURE GENERATIONS

1. A subsidiary body representing the interest of future generations is hereby established to assist the Meeting of Parties and other bodies responsible to take decisions under this Protocol if and when requested. All Parties shall be represented in the subsidiary body by one individual below the age of twenty two at the time of the session, selected by the national youth through a fair and transparent process in accordance with national law, policies and traditions.

2. The subsidiary body representing the interest of future generations shall, at its first session, agree on its own rules of procedure.

3. The first session of the subsidiary body representing the interest of future generations shall be convened by the secretariat in conjunction with the first session of the Meeting of the Parties. Subsequent ordinary sessions shall be held every year in conjunction with ordinary sessions of the Meeting of the Parties to this Protocol.

4. The secretariat shall organise and facilitate the session of the subsidiary body representing the interest of future generations and respond to reasonable requests for assistance.

Article 15 – COMMITTEE ON GENDER AND CLIMATE CHANGE

1. A committee on gender and climate change is hereby established to advise the Meeting of Parties and other bodies responsible to take decisions under this Protocol on gender issues. The committee shall consist of 10 women with equal representation from each of the five official United Nations regions (Africa, Asia, Latin America and the Caribbean, Central and Eastern Europe, and Western Europe and Others).

2. The Committee shall perform inter alia the following functions:

(a) integrate and mainstream gender issues into the Parties’ joint efforts to address climate change and its effects at the international level;

(b) review the operation and functioning of all bodies responsible to take decisions under this Protocol, including their rules of procedure, to ensure equal and effective participation of women in decision making processes;

(c) promote and facilitate the exchange of information on integrating and mainstreaming gender issues in measures adopted by the Parties to address climate change and its effects;

(d) monitor and review domestic policies, legislation and actions for its impact on women, youth and other vulnerable groups;

(e) issue guidelines on the integration and mainstreaming of gender issues in all legal and institutional frameworks addressing climate change; and

(f) make recommendations on any matters necessary for the full integration of gender issues in the implementation of this Protocol.

3. The Meeting of Parties shall, at its first session, appoint on an interim basis 10 women from its midst for a period not exceeding one year and decide on the further process for the nomination and appointment of the members of the committee which shall include outstanding representatives of global civil society.

Article 16 – DECISION MAKING

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 that 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.

3. If the Parties cannot reach agreement by consensus decisions shall be taken by a two thirds majority vote of the Parties present and voting.

Article 17 – THIRD PARTIES

1. Parties shall take measures consistent with international law to deter the activities of non-Parties which undermine the effective implementation of this Protocol. Parties shall encourage non-Parties to this Protocol to become Parties thereto and to adopt laws and regulations and implement measures consistent with its provisions.

SECTION 4 – FINAL ARTICLES

Article 18 – AMENDMENTS

1. Any Party may propose amendments to this Protocol.

2. Amendments to this Protocol shall be adopted at an ordinary session of 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 the amendment shall 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.

4. The adopted amendment is deemed to have been accepted at the end of six months from the date on which it was circulated to all Parties unless the amendment is objected to by more than one third of all Parties.

5. An amendment shall enter into force for those Parties having accepted it on the ninetieth day after the date on which it is deemed to have been accepted.

6. 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.

7. Amendments shall apply provisionally.

Article 19 – ANNEXES

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. Amendments to annexes to this Protocol shall be adopted, enter into force and apply in accordance with the procedure set out in Article 16.

Article 20 – DEPOSITARY

The Secretary-General of the United Nations shall be the Depositary of this Protocol.

Article 21 – RATIFICATION

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 December 2015 to December 2016. 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 22 – ENTRY INTO FORCE

1. This Protocol shall enter into force on the ninetieth day after the date on which not less than 100 Parties to the Convention which accounted in total for at least 85 per cent of the total carbon dioxide emissions for 2015 have deposited their instruments of ratification, acceptance, approval or accession.

2. 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 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.

3. 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.

4. This Agreement shall be applied provisionally by States or regional economic integration organizations which consent to its provisional application by so notifying the Depositary in writing. Such provisional application shall become effective from the date of receipt of the notification.

Article 23 – RESERVATIONS

No reservations may be made to this Protocol.

Article 24 – WITHDRAWAL

Any Party that withdraws from the Convention shall be considered as also having withdrawn from this Protocol. A Party cannot withdraw from this Protocol only.

Article 25 – LANGUAGES

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 Paris this eleventh day of December two thousand and fifteen.

In Witness whereof the undersigned, being duly authorized to that effect, have affixed their signatures to this Protocol on the dates indicated.

Annex A to this Protocol

Greenhouse gases

Carbon dioxide (CO2)
Methane (CH4)
Nitrous oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulphur hexafluoride (SF6)
Nitrogen trifluoride (NF3)