Brief Overview of Legal Framework:UNFCCC and Kyoto Protocol

M.J.MaceClimate Change and Energy Programme, FIELD

LDC WorkshopNairobi, Kenya2-3 November 2006

UNFCCCDeveloped and Developing

Country Commitments

Mitigation Adaptation Reporting to COP Gathering and Disseminating Information

Differentiation between Annex I and Non-Annex I Parties

Basic Convention Elements

Article 1 – Definitions

Article 2 – Objective

Article 3 – Principles

Article 4 – Commitments

Article 5 – Research and Systematic Observation

Article 6 – Education, Training and Public Awareness

Article 9 – SBSTA

Article 10 – SBI

Article 11 – Financial Mechanism

Article 12 – National Communications

ObjectiveArticle 2

Stabilization of GHGsat a level that prevents dangerous anthropogenic interference with the climate system

achieved in a timeframe sufficient To allow ecosystems to adapt naturally To ensure food production not threatened To enable economic development to proceed in a sustainable

manner

Convention Goal: Reduce GHG emission levels to 1990 levels by 2000

PrinciplesArticle 3

Parties to protect climate system for benefit of future generations of humankind (intergenerational equity) (Art. 3.1)

Parties to protect the climate system in accordance with their common but differentiated responsibilities and respective capabilities (Art. 3.1)

Developed countries to take the lead in combating climate change and the adverse impacts of climate change (Art. 3.1)

Parties to take measures to anticipate, prevent and mitigate the causes of climate change; lack of full scientific certainty should not be used to postpone such measures (precautionary principle (Art. 3.3)

Parties to promote sustainable development (3.4)

CommitmentsArticle 4

4.1 – Commitments for all Parties mitigationadaptation Reporting

4.3 – Funding for developing countries4.4 – Funding for PV developing countries4.5 – Technology Transfer (adaptive techs)4.7 – Links commitments to funding and TT4.8 – Actions for developing countries4.9 – Actions to consider special needs of LDCs

Mitigation Obligations

develop GHG inventories - 4.1(a)

formulate national and regional programmes containing mitigation and adaptation measures - 4.1(b)

cooperate in development and transfer of technology in all relevant sectors that reduce or prevent emissions 4.1(c)

promote sustainable management of sinks - 4.1(d)

take climate change into consideration in social, economic and environmental policies - 4.1(f)

Adaptation Obligations

formulate national and regional programmes containing mitigation and adaptation measures 4.1(b)

cooperate in preparing for adaptation; develop integrated plans for coastal zone management, water resources and agriculture and for the protection of areas affected by drought and flood 4.1(e)

take climate change into consideration in social, economic and environmental policies (4.1(f))

Reporting Obligations

National communications to the COP, with information related to implementation (Art. 4 (j))

National inventory of GHGs by sources and sinksSteps taken or envisaged to implement the

ConventionProjects for financing, including technologies and

estimate of incremental costs of reductions of GHGs

Gathering and Disseminating Information

Obligations

promote and cooperate in scientific research, systematic observation, development of data archives (4.1(g) / Art. 5)

promote and cooperate in education, training and public awareness related to climate change (4.1(i) / Art. 6)

Kyoto Protocol: the Target

Annex I UNFCCC (Developed) Countries

Reduce their aggregate emissions by at least 5 percent below 1990 levels between 2008 and 2012

Limitation or Reduction Commitments (QELRCs) for each Annex I Party are listed in Annex B of the Kyoto Protocol

Global Warming Potential:6 GHGs

GWP Lifespan (yrs) contribution

CO2 1 61%

Methane 23 12 15%

NO2 296 114 4%

HFCs 1600-13,000

16-550

PFCs

SF6 22,220

United States: 93%

Australia: 108%

New Zealand: 100%

Japan: 94%

European Community: 92%

Russian Federation: 100%

Individual Targets

Kyoto Protocol: Flexibility

3 “Flexible” Mechanisms:Joint Implementation (Article 6 KP)

Clean Development Mechanism (Article 12 KP)

Emissions Trading (Article 17 KP)

Example

Assume cost of reducing emissions by 1 metric tonne isUS - $10 by using pollution controls, or imposing regulations on waste emissions (plus political cost)

Russia - $7 tonne, because old industrial processes, coal-fired plants

India - $6 tonne through fuel switching.

Kenya – by the planting of trees or shrubs, $4

hot air situation – market price – but won’t know price until KP off the ground

Flexibility Mechanisms

Do NOT reduce global emissions

but create flexibility WHERE and by WHOM reductions are made – optimizing the use of cheap reduction options

Use of CDM increases total allowed domestic Annex I, as projects in developing countries are used to generate credits to offset emissions in developed countries

Kyoto Protocol: Flexibility

3 “Flexible” Mechanisms:

Joint Implementation

Article 6(ERUs)

Clean Development Mechanism

Article 12 (CERs)

Emissions Trading

Article 17 (AAUs)

A1 A1NA1A1 A1A1

A1

A1

Kyoto Protocol ProgressEntered into force February 16, 2005

5% below 1990 levels in aggregate to be achieved by 2008-2012 – 1st Commitment Period

By 2005, each country must have made ‘demonstrable progress.’ (Art. 3.2)

COP to initiate consideration of commitments for subsequent periods in 2005 (Art. 3.9)

First COP/MOP – Montreal, November 2005

Second COP/MOP – Nairobi , November 2006

Now negotiating 2nd commitment period targets