Compliance Issues – Kyoto Protocol

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M.J. Mace, FIELDWorkshop for LDC Negotiators

UNFCCC COP 11 and Kyoto Protocol COP/MOP-124-25 November 2005

Montréal, Canada

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KP Compliance System• COP/MOP-1 required to “approve” procedures and

mechanisms to determine and address cases of non-compliance with KP

• At COP-7, procedures and mechanisms agreed (decision 24/CP.7)

• But legal form of adoption not agreed – Decision? Amendment? Other approach?)

• Art. 18 KP states “any procedures and mechanism . . . entailing binding consequences shall be adopted by means of an amendment”.

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Consequences for non-compliance • If an Annex I Party exceeds its Kyoto target, it

must acquire credits (AAUs, CERs, ERUs, or RMUs) from emissions trading to close the gap.

• If still fails, a Party in non-compliance:– must make up tonnes plus a multiplier of 30% in the

second commitment period– is barred from transfering selling under IET– Must develop a compliance action plan (CAP)

detailing action to meet target in the next CP.

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Saudi Arabia has proposed to amend the KP to attach the entire compliance text as an Annex to the Protocol.

• Agreement to amend requires support of 3/4 of Parties• Each KP Party must then individually ratify amendment• Countries that have resisted binding consequences, or are likely

to miss Kyoto targets, may be reluctant to ratify an amended Protocol

• 3/4 of countries must ratify for entry into force• If insufficient number of countries ratify, amendment will not

enter into force.• Amendment could thus create different groups of Parties (some

who ratify and some who do not), creating confusion on applicability of compliance regime.

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Options

• Support adoption of 24/CP.7 as a decision• Support amendment • Adopt as a decision, so Parties have a single

agreement in place, and work toward amendment

Approval in some form is needed to establish Compliance Committee and allow flexible mechanisms, including CDM, to go forward

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Compliance Committee nominations

Facilitative Branch (10 members) Advice and assistance to promote compliance early warning where parties may not meet targets make recommendations, mobilize funding to help meet targets

Enforcement Branch (10 members)Power to determine consequences for failure to comply Determines whether A1 is complying with emission targets, reporting reqs. Determines whether Party has lost eligibility to participate in the flex mechs Can adjust a party’s GHG inventory, or correct the accounting database in the

event of ‘a dispute between a Party and the Expert Review Team’