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Joint implementation, eligibility and the Compliance Committee. Andrew Howard, Reporting Data and Analysis Cam Carruthers, Legal Affairs Bonn, October 2007. Overview. Part I: JI eligibility Eligibility requirements Implications for JI transactions Registry implementation status - PowerPoint PPT Presentation
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Joint implementation, eligibility and the Compliance Committee
Andrew Howard, Reporting Data and AnalysisCam Carruthers, Legal Affairs
Bonn, October 2007
Overview
Part I: JI eligibility
• Eligibility requirements
• Implications for JI transactions
• Registry implementation status
Part II: Compliance
• Eligibility and Compliance
• Compliance Procedure
• Compliance and Kyoto Accounting
Part I: JI eligibility
Crediting JI projects
• Host Annex B Party converts (“issues”) existing units in itsnational registry into ERUs based on JI projects
• Registries transfer ERUs to investing project participants
• ERUs may be sold to others under emissions trading
• International Transaction log validates registry issuance and transfers
• Issuance and transfer only possible
- if Parties are eligible (also the acquiring Party)
- if Parties registries are operational with the ITL
AAU
RMU
ERU
ERU
for emission-reducing projects
for projects in LULUCF activities
JI eligibility
a. Party to the Kyoto Protocol
b. Assigned amount calculated
c. National system in place for estimating emissions/removals
d. National registry in place for tracking assigned amount
e. Submission of most recent required emissions inventory
f. Accurate accounting of assigned amount and submission of information
Eligibility requirements under track 1
a. Party to the Kyoto Protocol
b. Assigned amount calculated
d. National registry in place for tracking assigned amount
JI track 2 eligibility
JI issuance and transfer
No eligibility needed to participate in JI projects
eligibility only relates to ERU issuance, transfer and acquisition
Can issue, transfer and acquire ERUs
Party may verify projects and reductions by its own procedures
Track 1 (full eligibility)
No eligibility Cannot issue or transfer ERUs
Track 2 Can issue and transfer ERUs
only after JISC verification of the project and reductions
Eligibility progress
Parties demonstrate fulfilment of eligibility through their Initial Reports
• All Initial Reports submitted, most review team visits completed
• 8 Initial Report Reviews published on www.unfccc.int
Status of Parties’ registry implementation
• 20 EU registries now ITL-connected (out of 24 currently on the CITL)
• 7 non-EU registries now ITL-connected (out of 11 registries)
• Most remaining work is to finalize registry documentation
Most registries ready to start live operations with the ITL
• Go-live activities originally planned for mid-November
• EU registries must wait to go-live together with the CITL
• Now checking which non-EU registries wish to start in Nov (without EU)
Part II: Compliance
Eligibility and compliance
• Initial eligibility: 16 months after Party submits its Initial Report
- unless the enforcement branch earlier decides otherwise
- Enforcement Branch takes note of IRRs received
- Secretariat will keep lists of eligible and suspended Parties
• Further information on the UNFCCC website
- Report on the second meeting of the enforcement branchhttp://unfccc.int/parties_and_observers/notifications/items/3153.php
- Information note of September of 20 September http://unfccc.int/kyoto_protocol/compliance/enforcement_branch/items/3785.php
Compliance procedure
Steps/key elements
1. Allocation, preliminary examination
2. Hearings, comments from Parties concerned
3. Expert Advice, information from NGOs/IGOs
4. Preliminary and final decisions
Timing and other key considerations
• Expedited Procedure – 16 weeks (or less + 1/allocation)
• Possible referral to facilitative branch
• Enforcement branch decision by double majority
• Flexibility for EITs
2006 2008 20092007 2012 2013 20142011 20152010
Initial Reports
Voluntary Annual Reporting ‘True-up period’ Report
Mandatory Annual Reporting
Article 8 Review Process
Compliance Committee
3.1 ComplianceAssessmentCompliance timelines
12
Fa
cilit
ative
Bra
nch
En
forc
em
en
tB
ran
ch
Allocation Preliminary examination
Initial
Status
Annual
True-up
Periodic
ERT reviewreports
AParty
Preliminary examination
Suspension of eligibility, Art.3.1, 5.1, 5.2, 7.1, 7.2
Final Decision
FinalDecision
COP/MOP
Appeal to COP/MOP
Emissions inventory
adjustments
Emissions inventory
Assigned amount
corrections
Assigned amount
Additional accounting info
Decision to apply adjustments or corrections
Adjustments and
corrections
Appeal to COP/MOP against the decision taken by the EB relating to Art. 3.1
Annual Report
Re
qu
est
the
EB
to
re
insta
te
elig
ibili
ty
thro
ug
h t
he E
RT
Annual Report
Submissions
Preliminary findings or Decision
not to proceed
Final Decision
Secretariat’sC&A
database
Appeal to COP/MOP
&Facilitation
Expedited
Preliminary examination
Lists of Parties meeting eligibility requirements and
Parties suspended
Facilitation
Financial Mechanism
Request EB directly to reinstate eligibility
Qs of implementation about itself or another Party
The Party concerned is notified of all decisions via the secretariat
Compliance CommitteeFunctions
Co
mp
liance
Co
mm
itte
e P
len
ary
Bure
au
Reports indicating Qs of imp
Other review reports
ERT report or submission by a Party with respect to another Party
Submission by a Party with respect to itself
Reinstatement of eligibility Reinstate eligibility or apply
further procedures
Compliance system
Thank you!
Eligibility and compliance
Key CMP decision text
‘A Party . . .with a commitment inscribed in Annex B shall be considered … [t]o meet the eligibility requirements… after 16 months have elapsed since the submission of its [initial] report …or, at an earlier date, if the enforcement branch of the Compliance Committee has decided that it is not proceeding with any questions of implementation relating to these requirements indicated in reports of the ERTs under Article 8 of the Kyoto Protocol, and has transmitted this information to the secretariat.’
– Decisions 3/CMP.1, annex, paragraph 32; 9/CMP.1, annex, paragraph 22; and, 11/CMP.1, annex, paragraph 3