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Cambiamenti climatici: chi
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UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE
The Parties to this Convention,
Acknowledging that change in the Earth's climate
and its adverse effects are a common concern of
humankind,
Concerned that human activities have been substantially
increasing the atmospheric concentrations of greenhouse
gases, that these increases enhance the natural
greenhouse effect, and that this will result on
average in an additional warming of the Earth's
surface and atmosphere and may adversely affect
natural ecosystems and humankind,
Noting that the largest share of historical and
current global emissions of greenhouse gases has
originated in developed countries, that per capita
emissions in developing countries are still relatively
low and that the share of global emissions originating
in developing countries will grow to meet their
social and development needs,
Aware of the role and importance in terrestrial
and marine ecosystems of sinks and reservoirs
of greenhouse gases,
Noting that there are many uncertainties in predictions
of climate change, particularly with regard to
the timing, magnitude and regional patterns thereof,
Acknowledging that the global nature of climate
change calls for the widest possible cooperation
by all countries and their participation in an
effective and appropriate international response,
in accordance with their common but differentiated
responsibilities and respective capabilities and
their social and economic conditions,
Recalling the pertinent provisions of the Declaration
of the United Nations Conference on the Human
Environment, adopted at Stockholm on 16 June 1972,
Recalling also that States have, in accordance
with the Charter of the United Nations and the
principles of international law, the sovereign
right to exploit their own resources pursuant
to their own environmental and developmental policies,
and the responsibility to ensure that activities
within their jurisdiction or control do not cause
damage to the environment of other States or of
areas beyond the limits of national jurisdiction,
Reaffirming the principle of sovereignty of States
in international cooperation to address climate
change,
Recognizing that States should enact effective
environmental legislation, that environmental
standards, management objectives and priorities
should reflect the environmental and developmental
context to which they apply, and that standards
applied by some countries may be inappropriate
and of unwarranted economic and social cost to
other countries, in particular developing countries,
Recalling the provisions of General Assembly resolution
44/228 of 22 December 1989 on the United Nations
Conference on Environment and Development, and
resolutions 43/53 of 6 December 1988, 44/207 of
22 December 1989, 45/212 of 21 December 1990 and
46/169 of 19 December 1991 on protection of global
climate for present and future generations of
mankind,
Recalling also the provisions of General Assembly
resolution 44/206 of 22 December 1989 on the possible
adverse effects of sea-level rise on islands and
coastal areas, particularly low-lying coastal
areas and the pertinent provisions of General
Assembly resolution 44/172 of 19 December 1989
on the implementation of the Plan of Action to
Combat Desertification,
Recalling further the Vienna Convention for the
Protection of the Ozone Layer, 1985, and the Montreal
Protocol on Substances that Deplete the Ozone
Layer, 1987, as adjusted and amended on 29 June
1990,
Noting the Ministerial Declaration of the Second
World Climate Conference adopted on 7 November
1990,
Conscious of the valuable analytical work being
conducted by many States on climate change and
of the important contributions of the World Meteorological
Organization, the United Nations Environment Programme
and other organs, organizations and bodies of
the United Nations system, as well as other international
and intergovernmental bodies, to the exchange
of results of scientific research and the coordination
of research,
Recognizing that steps required to understand
and address climate change will be environmentally,
socially and economically most effective if they
are based on relevant scientific, technical and
economic considerations and continually re-evaluated
in the light of new findings in these areas,
Recognizing that various actions to address climate
change can be justified economically in their
own right and can also help in solving other environmental
problems,
Recognizing also the need for developed countries
to take immediate action in a flexible manner
on the basis of clear priorities, as a first step
towards comprehensive response strategies at the
global, national and, where agreed, regional levels
that take into account all greenhouse gases, with
due consideration of their relative contributions
to the enhancement of the greenhouse effect,
Recognizing further that low-lying and other small
island countries, countries with low-lying coastal,
arid and semi-arid areas or areas liable to floods,
drought and desertification, and developing countries
with fragile mountainous ecosystems are particularly
vulnerable to the adverse effects of climate change,
Recognizing the special difficulties of those
countries, especially developing countries, whose
economies are particularly dependent on fossil
fuel production, use and exportation, as a consequence
of action taken on limiting greenhouse gas emissions,
Affirming that responses to climate change should
be coordinated with social and economic development
in an integrated manner with a view to avoiding
adverse impacts on the latter, taking into full
account the legitimate priority needs of developing
countries for the achievement of sustained economic
growth and the eradication of poverty,
Recognizing that all countries, especially developing
countries, need access to resources required to
achieve sustainable social and economic development
and that, in order for developing countries to
progress towards that goal, their energy consumption
will need to grow taking into account the possibilities
for achieving greater energy efficiency and for
controlling greenhouse gas emissions in general,
including through the application of new technologies
on terms which make such an application economically
and socially beneficial,
Determined to protect the climate system for present
and future generations,
Have agreed as follows:
ARTICLE 1
DEFINITIONS*
For the purposes of this Convention:
1...."Adverse effects of climate change"
means changes in the physical environment or biota
resulting from climate change which have significant
deleterious effects on the composition, resilience
or productivity of natural and managed ecosystems
or on the operation of socio-economic systems
or on human health and welfare.
2...."Climate change" means a change
of climate which is attributed directly or indirectly
to human activity that alters the composition
of the global atmosphere and which is in addition
to natural climate variability observed over comparable
time periods.
3...."Climate system" means the totality
of the atmosphere, hydrosphere, biosphere and
geosphere and their interactions.
4...."Emissions" means the release of
greenhouse gases and/or their precursors into
the atmosphere over a specified area and period
of time.
5...."Greenhouse gases" means those
gaseous constituents of the atmosphere, both natural
and anthropogenic, that absorb and re-emit infrared
radiation.
6...."Regional economic integration organization"
means an organization constituted by sovereign
States of a given region which has competence
in respect of matters governed by this Convention
or its protocols and has been duly authorized,
in accordance with its internal procedures, to
sign, ratify, accept, approve or accede to the
instruments concerned.
7...."Reservoir" means a component or
components of the climate system where a greenhouse
gas or a precursor of a greenhouse gas is stored.
8...."Sink" means any process, activity
or mechanism which removes a greenhouse gas, an
aerosol or a precursor of a greenhouse gas from
the atmosphere.
9...."Source" means any process or activity
which releases a greenhouse gas, an aerosol or
a precursor of a greenhouse gas into the atmosphere.
* Titles of articles are included solely to assist
the reader.
ARTICLE 2
OBJECTIVE
The ultimate objective of this
Convention and any related legal instruments that
the Conference of the Parties may adopt is to
achieve, in accordance with the relevant provisions
of the Convention, stabilization of greenhouse
gas concentrations in the atmosphere at a level
that would prevent dangerous anthropogenic interference
with the climate system. Such a level should be
achieved within a time-frame sufficient to allow
ecosystems to adapt naturally to climate change,
to ensure that food production is not threatened
and to enable economic development to proceed
in a sustainable manner.
ARTICLE 3
PRINCIPLES
In their actions to achieve the
objective of the Convention and to implement its
provisions, the Parties shall be guided, INTER
ALIA, by the following:
1....The Parties should protect the climate system
for the benefit of present and future generations
of humankind, on the basis of equity and in accordance
with their common but differentiated responsibilities
and respective capabilities. Accordingly, the
developed country Parties should take the lead
in combating climate change and the adverse effects
thereof.
2....The specific needs and special circumstances
of developing country Parties, especially those
that are particularly vulnerable to the adverse
effects of climate change, and of those Parties,
especially developing country Parties, that would
have to bear a disproportionate or abnormal burden
under the Convention, should be given full consideration.
3....The Parties should take precautionary measures
to anticipate, prevent or minimize the causes
of climate change and mitigate its adverse effects.
Where there are threats of serious or irreversible
damage, lack of full scientific certainty should
not be used as a reason for postponing such measures,
taking into account that policies and measures
to deal with climate change should be cost-effective
so as to ensure global benefits at the lowest
possible cost. To achieve this, such policies
and measures should take into account different
socio-economic contexts, be comprehensive, cover
all relevant sources, sinks and reservoirs of
greenhouse gases and adaptation, and comprise
all economic sectors. Efforts to address climate
change may be carried out cooperatively by interested
Parties.
4....The Parties have a right to, and should,
promote sustainable development. Policies and
measures to protect the climate system against
human-induced change should be appropriate for
the specific conditions of each Party and should
be integrated with national development programmes,
taking into account that economic development
is essential for adopting measures to address
climate change.
5....The Parties should cooperate to promote a
supportive and open international economic system
that would lead to sustainable economic growth
and development in all Parties, particularly developing
country Parties, thus enabling them better to
address the problems of climate change. Measures
taken to combat climate change, including unilateral
ones, should not constitute a means of arbitrary
or unjustifiable discrimination or a disguised
restriction on international trade.
ARTICLE 4
COMMITMENTS
1....All Parties, taking into account
their common but differentiated responsibilities
and their specific national and regional development
priorities, objectives and circumstances, shall:
(a)....Develop, periodically update, publish and
make available to the Conference of the Parties,
in accordance with Article 12, national inventories
of anthropogenic emissions by sources and removals
by sinks of all greenhouse gases not controlled
by the Montreal Protocol, using comparable methodologies
to be agreed upon by the Conference of the Parties;
(b)....Formulate, implement, publish and regularly
update national and, where appropriate, regional
programmes containing measures to mitigate climate
change by addressing anthropogenic emissions by
sources and removals by sinks of all greenhouse
gases not controlled by the Montreal Protocol,
and measures to facilitate adequate adaptation
to climate change;
(c)....Promote and cooperate in the development,
application and diffusion, including transfer,
of technologies, practices and processes that
control, reduce or prevent anthropogenic emissions
of greenhouse gases not controlled by the Montreal
Protocol in all relevant sectors, including the
energy, transport, industry, agriculture, forestry
and waste management sectors;
(d)....Promote sustainable management, and promote
and cooperate in the conservation and enhancement,
as appropriate, of sinks and reservoirs of all
greenhouse gases not controlled by the Montreal
Protocol, including biomass, forests and oceans
as well as other terrestrial, coastal and marine
ecosystems;
(e)....Cooperate in preparing for adaptation to
the impacts of climate change; develop and elaborate
appropriate and integrated plans for coastal zone
management, water resources and agriculture, and
for the protection and rehabilitation of areas,
particularly in Africa, affected by drought and
desertification, as well as floods;
(f)....Take climate change considerations into
account, to the extent feasible, in their relevant
social, economic and environmental policies and
actions, and employ appropriate methods, for example
impact assessments, formulated and determined
nationally, with a view to minimizing adverse
effects on the economy, on public health and on
the quality of the environment, of projects or
measures undertaken by them to mitigate or adapt
to climate change;
(g)....Promote and cooperate in scientific, technological,
technical, socio-economic and other research,
systematic observation and development of data
archives related to the climate system and intended
to further the understanding and to reduce or
eliminate the remaining uncertainties regarding
the causes, effects, magnitude and timing of climate
change and the economic and social consequences
of various response strategies;
(h)....Promote and cooperate in the full, open
and prompt exchange of relevant scientific, technological,
technical, socio-economic and legal information
related to the climate system and climate change,
and to the economic and social consequences of
various response strategies;
(i)....Promote and cooperate in education, training
and public awareness related to climate change
and encourage the widest participation in this
process, including that of non- governmental organizations;
and
(j)....Communicate to the Conference of the Parties
information related to implementation, in accordance
with Article 12.
2....The developed country Parties and other Parties
included in Annex I commit themselves specifically
as provided for in the following:
(a)....Each of these Parties shall adopt national1
policies and take corresponding measures on the
mitigation of climate change, by limiting its
anthropogenic emissions of greenhouse gases and
protecting and enhancing its greenhouse gas sinks
and reservoirs. These policies and measures will
demonstrate that developed countries are taking
the lead in modifying longer-term trends in anthropogenic
emissions consistent with the objective of the
Convention, recognizing that the return by the
end of the present decade to earlier levels of
anthropogenic emissions of carbon dioxide and
other greenhouse gases not controlled by the Montreal
Protocol would contribute to such modification,
and taking into account the differences in these
Parties' starting points and approaches, economic
structures and resource bases, the need to maintain
strong and sustainable economic growth, available
technologies and other individual circumstances,
as well as the need for equitable and appropriate
contributions by each of these Parties to the
global effort regarding that objective. These
Parties may implement such policies and measures
jointly with other Parties and may assist other
Parties in contributing to the achievement of
the objective of the Convention and, in particular,
that of this subparagraph;
(b)....In order to promote progress to this end,
each of these Parties shall communicate, within
six months of the entry into force of the Convention
for it and periodically thereafter, and in accordance
with Article 12, detailed information on its policies
and measures referred to in subparagraph (a) above,
as well as on its resulting projected anthropogenic
emissions by sources and removals by sinks of
greenhouse gases not controlled by the Montreal
Protocol for the period referred to in subparagraph
(a), with the aim of returning individually or
jointly to their 1990 levels these anthropogenic
emissions of carbon dioxide and other greenhouse
gases not controlled by the Montreal Protocol.
This information will be reviewed by the Conference
of the Parties, at its first session and periodically
thereafter, in accordance with Article 7;
(c)....Calculations of emissions by sources and
removals by sinks of greenhouse gases for the
purposes of subparagraph (b) above should take
into account the best available scientific knowledge,
including of the effective capacity of sinks and
the respective contributions of such gases to
climate change. The Conference of the Parties
shall consider and agree on methodologies for
these calculations at its first session and review
them regularly thereafter;
(d)....The Conference of the Parties shall, at
its first session, review the adequacy of subparagraphs
(a) and (b) above. Such review shall be carried
out in the light of the best available scientific
information and assessment on climate change and
its impacts, as well as relevant technical, social
and economic information. Based on this review,
the Conference of the Parties shall take appropriate
action, which may include the adoption of amendments
to the commitments in subparagraphs (a) and (b)
above. The Conference of the Parties, at its first
session, shall also take decisions regarding criteria
for joint implementation as indicated in subparagraph
(a) above. A second review of subparagraphs (a)
and (b) shall take place not later than 31 December
1998, and thereafter at regular intervals determined
by the Conference of the Parties, until the objective
of the Convention is met;
(e)....Each of these Parties shall :
i)....Coordinate as appropriate with other such
Parties, relevant economic and administrative
instruments developed to achieve the objective
of the Convention; and
(ii)....Identify and periodically review its own
policies and practices which encourage activities
that lead to greater levels of anthropogenic emissions
of greenhouse gases not controlled by the Montreal
Protocol than would otherwise occur;
(f)....The Conference of the Parties shall review,
not later than 31 December 1998, available information
with a view to taking decisions regarding such
amendments to the lists in Annexes I and II as
may be appropriate, with the approval of the Party
concerned;
(g)....Any Party not included in Annex I may,
in its instrument of ratification, acceptance,
approval or accession, or at any time thereafter,
notify the Depositary that it intends to be bound
by subparagraphs (a) and (b) above. The Depositary
shall inform the other signatories and Parties
of any such notification.
3....The developed country Parties and other developed
Parties included in Annex II shall provide new
and additional financial resources to meet the
agreed full costs incurred by developing country
Parties in complying with their obligations under
Article 12, paragraph 1. They shall also provide
such financial resources, including for the transfer
of technology, needed by the developing country
Parties to meet the agreed full incremental costs
of implementing measures that are covered by paragraph
1 of this Article and that are agreed between
a developing country Party and the international
entity or entities referred to in Article 11,
in accordance with that Article. The implementation
of these commitments shall take into account the
need for adequacy and predictability in the flow
of funds and the importance of appropriate burden
sharing among the developed country Parties.
4....The developed country Parties and other developed
Parties included in Annex II shall also assist
the developing country Parties that are particularly
vulnerable to the adverse effects of climate change
in meeting costs of adaptation to those adverse
effects.
5....The developed country Parties and other developed
Parties included in Annex II shall take all practicable
steps to promote, facilitate and finance, as appropriate,
the transfer of, or access to, environmentally
sound technologies and know-how to other Parties,
particularly developing country Parties, to enable
them to implement the provisions of the Convention.
In this process, the developed country Parties
shall support the development and enhancement
of endogenous capacities and technologies of developing
country Parties. Other Parties and organizations
in a position to do so may also assist in facilitating
the transfer of such technologies.
6....In the implementation of their commitments
under paragraph 2 above, a certain degree of flexibility
shall be allowed by the Conference of the Parties
to the Parties included in Annex I undergoing
the process of transition to a market economy,
in order to enhance the ability of these Parties
to address climate change, including with regard
to the historical level of anthropogenic emissions
of greenhouse gases not controlled by the Montreal
Protocol chosen as a reference.
7....The extent to which developing country Parties
will effectively implement their commitments under
the Convention will depend on the effective implementation
by developed country Parties of their commitments
under the Convention related to financial resources
and transfer of technology and will take fully
into account that economic and social development
and poverty eradication are the first and overriding
priorities of the developing country Parties.
8....In the implementation of the commitments
in this Article, the Parties shall give full consideration
to what actions are necessary under the Convention,
including actions related to funding, insurance
and the transfer of technology, to meet the specific
needs and concerns of developing country Parties
arising from the adverse effects of climate change
and/or the impact of the implementation of response
measures, especially on:
(a)....Small island countries;
(b)....Countries with low-lying coastal areas;
(c)....Countries with arid and semi-arid areas,
forested areas and areas liable to forest decay;
(d)....Countries with areas prone to natural disasters;
(e)....Countries with areas liable to drought
and desertification;
(f)....Countries with areas of high urban atmospheric
pollution;
(g)....Countries with areas with fragile ecosystems,
including mountainous ecosystems;
(h)....Countries whose economies are highly dependent
on income generated from the production, processing
and export, and/or on consumption of fossil fuels
and associated energy-intensive products; and
(i)....Land-locked and transit countries.
Further, the Conference of the Parties may take
actions, as appropriate, with respect to this
paragraph.
9.....The Parties shall take full account of the
specific needs and special situations of the least
developed countries in their actions with regard
to funding and transfer of technology.
10....The Parties shall, in accordance with Article
10, take into consideration in the implementation
of the commitments of the Convention the situation
of Parties, particularly developing country Parties,
with economies that are vulnerable to the adverse
effects of the implementation of measures to respond
to climate change. This applies notably to Parties
with economies that are highly dependent on income
generated from the production, processing and
export, and/or consumption of fossil fuels and
associated energy-intensive products and/or the
use of fossil fuels for which such Parties have
serious difficulties in switching to alternatives.
ARTICLE 5
RESEARCH AND SYSTEMATIC OBSERVATION
In carrying out their commitments
under Article 4, paragraph 1(g), the Parties shall:
(a)....Support and further develop, as appropriate,
international and intergovernmental programmes
and networks or organizations aimed at defining,
conducting, assessing and financing research,
data collection and systematic observation, taking
into account the need to minimize duplication
of effort;
(b)....Support international and intergovernmental
efforts to strengthen systematic observation and
national scientific and technical research capacities
and capabilities, particularly in developing countries,
and to promote access to, and the exchange of,
data and analyses thereof obtained from areas
beyond national jurisdiction; and
(c)....Take into account the particular concerns
and needs of developing countries and cooperate
in improving their endogenous capacities and capabilities
to participate in the efforts referred to in subparagraphs
(a) and (b) above.
ARTICLE 6
EDUCATION, TRAINING AND PUBLIC AWARENESS
In carrying out their commitments
under Article 4, paragraph 1(i), the Parties shall:
(a)....Promote and facilitate at the national
and, as appropriate, subregional and regional
levels, and in accordance with national laws and
regulations, and within their respective capacities:
(i)....The development and implementation of educational
and public awareness programmes on climate change
and its effects;
(ii)....Public access to information on climate
change and its effects;
(iii)....Public participation in addressing climate
change and its effects and developing adequate
responses; and
(iv)....Training of scientific, technical and
managerial personnel.
(b)....Cooperate in and promote, at the international
level, and, where appropriate, using existing
bodies:
(i)....The development and exchange of educational
and public awareness material on climate change
and its effects; and
(ii)....The development and implementation of
education and training programmes, including the
strengthening of national institutions and the
exchange or secondment of personnel to train experts
in this field, in particular for developing countries.
ARTICLE 7
CONFERENCE OF THE PARTIES
1....A Conference of the Parties
is hereby established.
2....The Conference of the Parties, as the supreme
body of this Convention, shall keep under regular
review the implementation of the Convention and
any related legal instruments that the Conference
of the Parties may adopt, and shall make, within
its mandate, the decisions necessary to promote
the effective implementation of the Convention.
To this end, it shall:
(a)....Periodically examine the obligations of
the Parties and the institutional arrangements
under the Convention, in the light of the objective
of the Convention, the experience gained in its
implementation and the evolution of scientific
and technological knowledge;
(b)....Promote and facilitate the exchange of
information on measures adopted by the Parties
to address climate change and its effects, taking
into account the differing circumstances, responsibilities
and capabilities of the Parties and their respective
commitments under the Convention;
(c)....Facilitate, at the request of two or more
Parties, the coordination of measures adopted
by them to address climate change and its effects,
taking into account the differing circumstances,
responsibilities and capabilities of the Parties
and their respective commitments under the Convention;
(d)....Promote and guide, in accordance with the
objective and provisions of the Convention, the
development and periodic refinement of comparable
methodologies, to be agreed on by the Conference
of the Parties, inter alia, for preparing inventories
of greenhouse gas emissions by sources and removals
by sinks, and for evaluating the effectiveness
of measures to limit the emissions and enhance
the removals of these gases;
(e)....Assess, on the basis of all information
made available to it in accordance with the provisions
of the Convention, the implementation of the Convention
by the Parties, the overall effects of the measures
taken pursuant to the Convention, in particular
environmental, economic and social effects as
well as their cumulative impacts and the extent
to which progress towards the objective of the
Convention is being achieved;
(f)....Consider and adopt regular reports on the
implementation of the Convention and ensure their
publication;
(g)....Make recommendations on any matters necessary
for the implementation of the Convention;
(h)....Seek to mobilize financial resources in
accordance with Article 4, paragraphs 3, 4 and
5, and Article 11;
(i)....Establish such subsidiary bodies as are
deemed necessary for the implementation of the
Convention;
(j)....Review reports submitted by its subsidiary
bodies and provide guidance to them;
(k)....Agree upon and adopt, by consensus, rules
of procedure and financial rules for itself and
for any subsidiary bodies;
(l)....Seek and utilize, where appropriate, the
services and cooperation of, and information provided
by, competent international organizations and
intergovernmental and non-governmental bodies;
and
(m)....Exercise such other functions as are required
for the achievement of the objective of the Convention
as well as all other functions assigned to it
under the Convention.
3....The Conference of the Parties shall, at its
first session, adopt its own rules of procedure
as well as those of the subsidiary bodies established
by the Convention, which shall include decision-making
procedures for matters not already covered by
decision- making procedures stipulated in the
Convention. Such procedures may include specified
majorities required for the adoption of particular
decisions.
4....The first session of the Conference of the
Parties shall be convened by the interim secretariat
referred to in Article 21 and shall take place
not later than one year after the date of entry
into force of the Convention. Thereafter, ordinary
sessions of the Conference of the Parties shall
be held every year unless otherwise decided by
the Conference of the Parties.
5....Extraordinary sessions of the Conference
of the Parties shall be held at such other times
as may be deemed necessary by the Conference,
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.
6....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 the Conference of the Parties as
observers. Any body or agency, whether national
or international, governmental or non- governmental,
which is qualified in matters covered by the Convention,
and which has informed the secretariat of its
wish to be represented at a session of the Conference
of the Parties as an observer, may be so admitted
unless at least one third of the Parties present
object. The admission and participation of observers
shall be subject to the rules of procedure adopted
by the Conference of the Parties.
ARTICLE 8
SECRETARIAT
1....A secretariat is hereby established.
2....The functions of the secretariat shall be:
(a)....To make arrangements for sessions of the
Conference of the Parties and its subsidiary bodies
established under the Convention and to provide
them with services as required;
(b)....To compile and transmit reports submitted
to it;
(c)....To facilitate assistance to the Parties,
particularly developing country Parties, on request,
in the compilation and communication of information
required in accordance with the provisions of
the Convention;
(d)....To prepare reports on its activities and
present them to the Conference of the Parties;
(e)....To ensure the necessary coordination with
the secretariats of other relevant international
bodies;
(f)....To enter, under the overall guidance of
the Conference of the Parties, into such administrative
and contractual arrangements as may be required
for the effective discharge of its functions;
and
(g)....To perform the other secretariat functions
specified in the Convention and in any of its
protocols and such other functions as may be determined
by the Conference of the Parties.
3....The Conference of the Parties, at its first
session, shall designate a permanent secretariat
and make arrangements for its functioning.
ARTICLE 9
SUBSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL
ADVICE
1....A subsidiary body for scientific
and technological advice is hereby established
to provide the Conference of the Parties and,
as appropriate, its other subsidiary bodies with
timely information and advice on scientific and
technological matters relating to the Convention.
This body shall be open to participation by all
Parties and shall be multidisciplinary. It shall
comprise government representatives competent
in the relevant field of expertise. It shall report
regularly to the Conference of the Parties on
all aspects of its work.
2.....Under the guidance of the Conference of
the Parties, and drawing upon existing competent
international bodies, this body shall:
(a)....Provide assessments of the state of scientific
knowledge relating to climate change and its effects;
(b)....Prepare scientific assessments on the effects
of measures taken in the implementation of the
Convention;
(c)....Identify innovative, efficient and state-of-the-art
technologies and know-how and advise on the ways
and means of promoting development and/or transferring
such technologies;
(d)....Provide advice on scientific programmes,
international cooperation in research and development
related to climate change, as well as on ways
and means of supporting endogenous capacity-building
in developing countries; and
(e)....Respond to scientific, technological and
methodological questions that the Conference of
the Parties and its subsidiary bodies may put
to the body.
3....The functions and terms of reference of this
body may be further elaborated by the Conference
of the Parties.
ARTICLE 10
SUBSIDIARY BODY FOR IMPLEMENTATION
1....A subsidiary body for implementation
is hereby established to assist the Conference
of the Parties in the assessment and review of
the effective implementation of the Convention.
This body shall be open to participation by all
Parties and comprise government representatives
who are experts on matters related to climate
change. It shall report regularly to the Conference
of the Parties on all aspects of its work.
2....Under the guidance of the Conference of the
Parties, this body shall:
(a)....Consider the information communicated in
accordance with Article 12, paragraph 1, to assess
the overall aggregated effect of the steps taken
by the Parties in the light of the latest scientific
assessments concerning climate change;
(b)....Consider the information communicated in
accordance with Article 12, paragraph 2, in order
to assist the Conference of the Parties in carrying
out the reviews required by Article 4, paragraph
2(d); and
(c)....Assist the Conference of the Parties, as
appropriate, in the preparation and implementation
of its decisions.
ARTICLE 11
FINANCIAL MECHANISM
1....A mechanism for the provision
of financial resources on a grant or concessional
basis, including for the transfer of technology,
is hereby defined. It shall function under the
guidance of and be accountable to the Conference
of the Parties, which shall decide on its policies,
programme priorities and eligibility criteria
related to this Convention. Its operation shall
be entrusted to one or more existing international
entities.
2....The financial mechanism shall have an equitable
and balanced representation of all Parties within
a transparent system of governance.
3....The Conference of the Parties and the entity
or entities entrusted with the operation of the
financial mechanism shall agree upon arrangements
to give effect to the above paragraphs, which
shall include the following:
(a)....Modalities to ensure that the funded projects
to address climate change are in conformity with
the policies, programme priorities and eligibility
criteria established by the Conference of the
Parties;
(b)....Modalities by which a particular funding
decision may be reconsidered in light of these
policies, programme priorities and eligibility
criteria;
(c)....Provision by the entity or entities of
regular reports to the Conference of the Parties
on its funding operations, which is consistent
with the requirement for accountability set out
in paragraph 1 above; and
(d)....Determination in a predictable and identifiable
manner of the amount of funding necessary and
available for the implementation of this Convention
and the conditions under which that amount shall
be periodically reviewed.
4....The Conference of the Parties shall make
arrangements to implement the above- mentioned
provisions at its first session, reviewing and
taking into account the interim arrangements referred
to in Article 21, paragraph 3, and shall decide
whether these interim arrangements shall be maintained.
Within four years thereafter, the Conference of
the Parties shall review the financial mechanism
and take appropriate measures.
5....The developed country Parties may also provide
and developing country Parties avail themselves
of, financial resources related to the implementation
of the Convention through bilateral, regional
and other multilateral channels.
ARTICLE 12
COMMUNICATION OF INFORMATION RELATED TO IMPLEMENTATION
1....In accordance with Article
4, paragraph 1, each Party shall communicate to
the Conference of the Parties, through the secretariat,
the following elements of information:
(a)....A national inventory of anthropogenic emissions
by sources and removals by sinks of all greenhouse
gases not controlled by the Montreal Protocol,
to the extent its capacities permit, using comparable
methodologies to be promoted and agreed upon by
the Conference of the Parties;
(b)....A general description of steps taken or
envisaged by the Party to implement the Convention;
and
(c)....Any other information that the Party considers
relevant to the achievement of the objective of
the Convention and suitable for inclusion in its
communication, including, if feasible, material
relevant for calculations of global emission trends.
2....Each developed country Party and each other
Party included in Annex I shall incorporate in
its communication the following elements of information:
(a)....A detailed description of the policies
and measures that it has adopted to implement
its commitment under Article 4, paragraphs 2(a)
and 2(b); and
(b)....A specific estimate of the effects that
the policies and measures referred to in subparagraph
(a) immediately above will have on anthropogenic
emissions by its sources and removals by its sinks
of greenhouse gases during the period referred
to in Article 4, paragraph 2(a).
3....In addition, each developed country Party
and each other developed Party included in Annex
II shall incorporate details of measures taken
in accordance with Article 4, paragraphs 3, 4
and 5.
4....Developing country Parties may, on a voluntary
basis, propose projects for financing, including
specific technologies, materials, equipment, techniques
or practices that would be needed to implement
such projects, along with, if possible, an estimate
of all incremental costs, of the reductions of
emissions and increments of removals of greenhouse
gases, as well as an estimate of the consequent
benefits.
5....Each developed country Party and each other
Party included in Annex I shall make its initial
communication within six months of the entry into
force of the Convention for that Party. Each Party
not so listed shall make its initial communication
within three years of the entry into force of
the Convention for that Party, or of the availability
of financial resources in accordance with Article
4, paragraph 3. Parties that are least developed
countries may make their initial communication
at their discretion. The frequency of subsequent
communications by all Parties shall be determined
by the Conference of the Parties, taking into
account the differentiated timetable set by this
paragraph.
6....Information communicated by Parties under
this Article shall be transmitted by the secretariat
as soon as possible to the Conference of the Parties
and to any subsidiary bodies concerned. If necessary,
the procedures for the communication of information
may be further considered by the Conference of
the Parties.
7....From its first session, the Conference of
the Parties shall arrange for the provision to
developing country Parties of technical and financial
support, on request, in compiling and communicating
information under this Article, as well as in
identifying the technical and financial needs
associated with proposed projects and response
measures under Article 4. Such support may be
provided by other Parties, by competent international
organizations and by the secretariat, as appropriate.
8....Any group of Parties may, subject to guidelines
adopted by the Conference of the Parties, and
to prior notification to the Conference of the
Parties, make a joint communication in fulfilment
of their obligations under this Article, provided
that such a communication includes information
on the fulfilment by each of these Parties of
its individual obligations under the Convention.
9....Information received by the secretariat that
is designated by a Party as confidential, in accordance
with criteria to be established by the Conference
of the Parties, shall be aggregated by the secretariat
to protect its confidentiality before being made
available to any of the bodies involved in the
communication and review of information.
10....Subject to paragraph 9 above, and without
prejudice to the ability of any Party to make
public its communication at any time, the secretariat
shall make communications by Parties under this
Article publicly available at the time they are
submitted to the Conference of the Parties.
ARTICLE 13
RESOLUTION OF QUESTIONS REGARDING IMPLEMENTATION
The Conference of the Parties shall,
at its first session, consider the establishment
of a multilateral consultative process, available
to Parties on their request, for the resolution
of questions regarding the implementation of the
Convention.
ARTICLE 14
SETTLEMENT OF DISPUTES
1....In the event of a dispute
between any two or more Parties concerning the
interpretation or application of the Convention,
the Parties concerned shall seek a settlement
of the dispute through negotiation or any other
peaceful means of their own choice.
2....When ratifying, accepting, approving or acceding
to the Convention, or at any time thereafter,
a Party which is not a regional economic integration
organization may declare in a written instrument
submitted to the Depositary that, in respect of
any dispute concerning the interpretation or application
of the Convention, it recognizes as compulsory
ipso facto and without special agreement, in relation
to any Party accepting the same obligation:
(a)....Submission of the dispute to the International
Court of Justice, and/or
(b)....Arbitration in accordance with procedures
to be adopted by the Conference of the Parties
as soon as practicable, in an annex on arbitration.
A Party which is a regional economic integration
organization may make a declaration with like
effect in relation to arbitration in accordance
with the procedures referred to in subparagraph
(b) above.
3....A declaration made under paragraph 2 above
shall remain in force until it expires in accordance
with its terms or until three months after written
notice of its revocation has been deposited with
the Depositary.
4....A new declaration, a notice of revocation
or the expiry of a declaration shall not in any
way affect proceedings pending before the International
Court of Justice or the arbitral tribunal, unless
the parties to the dispute otherwise agree.
5....Subject to the operation of paragraph 2 above,
if after twelve months following notification
by one Party to another that a dispute exists
between them, the Parties concerned have not been
able to settle their dispute through the means
mentioned in paragraph 1 above, the dispute shall
be submitted, at the request of any of the parties
to the dispute, to conciliation.
6....A conciliation commission shall be created
upon the request of one of the parties to the
dispute. The commission shall be composed of an
equal number of members appointed by each party
concerned and a chairman chosen jointly by the
members appointed by each party. The commission
shall render a recommendatory award, which the
parties shall consider in good faith.
7....Additional procedures relating to conciliation
shall be adopted by the Conference of the Parties,
as soon as practicable, in an annex on conciliation.
8....The provisions of this Article shall apply
to any related legal instrument which the Conference
of the Parties may adopt, unless the instrument
provides otherwise.
ARTICLE 15
AMENDMENTS TO THE CONVENTION
1....Any Party may propose amendments
to the Convention.
2....Amendments to the Convention shall be adopted
at an ordinary session of the Conference of the
Parties. The text of any proposed amendment to
the Convention 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 proposed
amendments to the 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 the Convention
by consensus. If all efforts at consensus have
been exhausted, and no agreement reached, the
amendment shall as a last resort 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
for their acceptance.
4....Instruments of acceptance in respect of an
amendment shall be deposited with the Depositary.
An amendment adopted in accordance with paragraph
3 above shall enter into force for those Parties
having accepted it on the ninetieth day after
the date of receipt by the Depositary of an instrument
of acceptance by at least three fourths of the
Parties to the Convention.
5....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.
6....For the purposes of this Article, "Parties
present and voting" means Parties present
and casting an affirmative or negative vote.
ARTICLE 16
ADOPTION AND AMENDMENT OF ANNEXES TO THE CONVENTION
1....Annexes to the Convention
shall form an integral part thereof and, unless
otherwise expressly provided, a reference to the
Convention constitutes at the same time a reference
to any annexes thereto. Without prejudice to the
provisions of Article 14, paragraphs 2(b) and
7, such annexes 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....Annexes to the Convention shall be proposed
and adopted in accordance with the procedure set
forth in Article 15, paragraphs 2, 3 and 4.
3....An annex that has been adopted in accordance
with paragraph 2 above shall enter into force
for all Parties to the Convention six months after
the date of the communication by the Depositary
to such Parties of the adoption of the annex,
except for those Parties that have notified the
Depositary, in writing, within that period of
their non-acceptance of the annex. The 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.
4....The proposal, adoption and entry into force
of amendments to annexes to the Convention shall
be subject to the same procedure as that for the
proposal, adoption and entry into force of annexes
to the Convention in accordance with paragraphs
2 and 3 above.
5....If the adoption of an annex or an amendment
to an annex involves an amendment to the Convention,
that annex or amendment to an annex shall not
enter into force until such time as the amendment
to the Convention enters into force.
ARTICLE 17
PROTOCOLS
1....The Conference of the Parties
may, at any ordinary session, adopt protocols
to the Convention.
2....The text of any proposed protocol shall be
communicated to the Parties by the secretariat
at least six months before such a session.
3....The requirements for the entry into force
of any protocol shall be established by that instrument.
4....Only Parties to the Convention may be Parties
to a protocol.
5....Decisions under any protocol shall be taken
only by the Parties to the protocol concerned.
ARTICLE 18
RIGHT TO VOTE
1....Each Party to the Convention
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 the Convention. Such an organization
shall not exercise its right to vote if any of
its member States exercises its right, and vice
versa.
ARTICLE 19
DEPOSITARY
The Secretary-General of the United
Nations shall be the Depositary of the Convention
and of protocols adopted in accordance with Article
17.
ARTICLE 20
SIGNATURE
This Convention shall be open for
signature by States Members of the United Nations
or of any of its specialized agencies or that
are Parties to the Statute of the International
Court of Justice and by regional economic integration
organizations at Rio de Janeiro, during the United
Nations Conference on Environment and Development,
and thereafter at United Nations Headquarters
in New York from 20 June 1992 to 19 June 1993.
ARTICLE 21
INTERIM ARRANGEMENTS
1....The secretariat functions
referred to in Article 8 will be carried out on
an interim basis by the secretariat established
by the General Assembly of the United Nations
in its resolution 45/212 of 21 December 1990,
until the completion of the first session of the
Conference of the Parties.
2....The head of the interim secretariat referred
to in paragraph 1 above will cooperate closely
with the Intergovernmental Panel on Climate Change
to ensure that the Panel can respond to the need
for objective scientific and technical advice.
Other relevant scientific bodies could also be
consulted.
3....The Global Environment Facility of the United
Nations Development Programme, the United Nations
Environment Programme and the International Bank
for Reconstruction and Development shall be the
international entity entrusted with the operation
of the financial mechanism referred to in Article
11 on an interim basis. In this connection, the
Global Environment Facility should be appropriately
restructured and its membership made universal
to enable it to fulfil the requirements of Article
11.
ARTICLE 22
RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION
1....The Convention shall be subject
to ratification, acceptance, approval or accession
by States and by regional economic integration
organizations. It shall be open for accession
from the day after the date on which the Convention
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 the Convention without
any of its member States being a Party shall be
bound by all the obligations under the Convention.
In the case of such organizations, one or more
of whose member States is a Party to the Convention,
the organization and its member States shall decide
on their respective responsibilities for the performance
of their obligations under the Convention. In
such cases, the organization and the member States
shall not be entitled to exercise rights under
the Convention 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 the Convention. 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 23
ENTRY INTO FORCE
1....The Convention shall enter
into force on the ninetieth day after the date
of deposit of the fiftieth instrument of ratification,
acceptance, approval or accession.
2....For each State or regional economic integration
organization that ratifies, accepts or approves
the Convention or accedes thereto after the deposit
of the fiftieth instrument of ratification, acceptance,
approval or accession, the Convention shall enter
into force on the ninetieth day after the date
of deposit by such State or regional economic
integration organization of its instrument of
ratification, acceptance, approval or accession.
3....For the purposes of paragraphs 1 and 2 above,
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 24
RESERVATIONS
No reservations may be made to
the Convention.
ARTICLE 25
WITHDRAWAL
1....At any time after three years
from the date on which the Convention has entered
into force for a Party, that Party may withdraw
from the Convention 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
any protocol to which it is a Party.
ARTICLE 26
AUTHENTIC TEXTS
The original of this Convention,
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.
IN WITNESS WHEREOF the undersigned, being duly
authorized to that effect, have signed this Convention.
DONE at New York this ninth day of May one thousand
nine hundred and ninety- two.
ANNEX I AND ANNEX II COUNTRIES
Annex I
Annex I
Australia
Austria
Belarus a/
Belgium
Bulgaria a/
Canada
Czechoslovakia a/
Denmark
European Economic Community
Estonia a/
Finland
France
Germany
Greece
Hungary a/
Iceland
Ireland
Italy
Japan
Latvia a/
Lithuania a/
Luxembourg
Netherlands
New Zealand
Norway
Poland a/
Portugal
Romania a/
Russian Federation a/
Spain
Sweden
Switzerland
Turkey
Ukraine a/
United Kingdom of Great Britain and Northern Ireland
United States of America
a/ Countries that are undergoing the process of
transition to a market economy.
Annex II
Australia
Austria
Belgium
Canada
Denmark
European Economic Community
Finland
France
Germany
Greece
Iceland
Ireland
Italy
Japan
Luxembourg
Netherlands
New Zealand
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and Northern Ireland
United States of America
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