Article 7:
National Communications and the information to be contained in it
Article 12 of the FCCC states all parties should provide a national
communications to the FCCC secretariat. Article 7 of the KP says that Annex 1 parties must add the following information
in their national communications:
The necessary supplementary information
needed for ensuring compliance with the emissions reduction objectives set out in Article
3. This information will be incorporated in the annual inventory of anthropogenic
emissions. This information will be provided annually beginning with the first year after
the KP has entered into force.
The supplementary information necessary
to demonstrate compliance with the commitments under the KP. This information will be
provided regularly beginning with the first national communication after the KP has
entered into force and the guidelines have been adopted. The MOP will determine the
frequency of subsequent submission of this information.
MOP-I will adopt, and review periodically
thereafter, guidelines for the preparation of the information required under this article
of the KP, taking into account the guidelines issued for the preparation of national
communications adopted by the COP.
The MOP will also decide the modalities for
the accounting of assigned amounts prior to the first commitment period.
The information required under
this Article will be particularly important in cases of JI projects and emissions trading.
Article 8: Expert Reviews of
the information contained in the national communications
The information provided under Article 7 will be put through a review process by expert
teams taking into account the decisions of COPs and guidelines adopted for this purpose by
the MOP-1 and reviewed periodically thereafter by subsequent MOPs.
Information provided under Article 7.1 (see
above) will be reviewed as part of the annual compilation and accounting of emissions
inventories and assigned amounts.
Information provided under Article 7.2 (see
above) will be reviewed as part of the review of national communications.
The review process will include a thorough
and comprehensive technical assessment of all aspects of the implementation by each party
to the KP. A report will be presented to the MOP assessing the implementation of the
commitments of the Party, identifying potential problems in, and factors influencing, the
fulfillment of commitments. Issues relating to implementation will be flagged by the
secretariat and the MOP will deliberate on them. The MOP will also deliberate on:
the information provided by the parties
under Article 7 and the reports of expert reviews; and,
any questions of implementation listed by
the secretariat following the expert reviews as well as any questions raised by the
parties.
In its deliberations, the MOP will seek the
assistance of the Subsidiary Body for Implementation (SBI) and, if necessary, the SUBSTA.
Following the deliberations outlined above,
the MOP will take decisions on any matter required for the implementation of the KP.
Article 9: Review of the
Protocol
The MOPs will periodically review the KP in the light of best available scientific
information and assessments on climate change and its impacts. These reviews will be
coordinated with the reviews that will be undertaken by the COPs under Article 4.2(d) and
7.2(a) of the FCCC. The MOPs will take appropriate action following these reviews.
Article 4.2(d) of the FCCC provides for the
review of the adequacy of commitments (not just the adequacy of implementation)
under the FCCC. It says that CoP-I (which took place in Berlin in 1995) will review the
adequacy of Article 4, subparagraphs 2(a) and 2(b), based on latest scientific evidence,
and take appropriate action. CoP-I will also take decisions regarding the criteria for
Joint Implementation as indicated in Article 4, paragraph 2(a) of the FCCC. A second
review of the Article 4, sub-paragraphs (a) and (b) shall take place no later than
December 31, 1998, and thereafter at regular intervals determined by the CoP, "until
the objective of the Convention is met".
The first review undertaken by
CoP-1 resulted in the Berlin Mandate which in turn resulted in the Kyoto Protocol. Now
CoP-4, which is scheduled to meet in Buenos Aires, will undertake a second review of the
adequacy of commitments and this review could open the door for the involvement of
developing countries. If all the existing commitments are found inaquate to stabilise
climatic change, then the obvious issue would be what increased commitments should be
undertaken by developed countries and what new commitments should be undertaken by
developing countries. It could be argued that developing countries need not take on
reduction commitments as of now but they need to advance their actions and move towards
sustainable development by participating in the CDM or undertake voluntary
commitments to undertake activities under Article 6 of the KP (which deal with
project-based reductions) or Article 17 (which deal with emissions trading).
Article 7, paragraph 2(a) of the FCCC says
that the CoPs must regularly review the implementation of the FCCC and any related legal
instrument like the KP and take appropriate decisions that lie within their mandate. They
will periodically examine "the obligations of the Parties" and the institutional
arrangements under the FCCC, taking into account the objective of the FCCC and new
scientific evidence.
Furthermore, Article 9 of the KP says that
MOP-2 will undertake the first review of the KP and subsequent reviews will take place at
regular and timely intervals.
Article 10: Activities and
Cooperation needed to meet commitments of all parties, including developing countries
This article addresses all Annex 1 and non-Annex 1 nations and their activities, taking
into account:
- common but differentiated responsibilities of all countries
and their specific national and regional development priorities, objectives and
circumstances;
- without introducing any new commitments for non-Annex I
countries, but reaffirming their existing commitments under Article 4.1 of the FCCC, and
continuing to advance the implementation of these commitments in order to achieve
sustainable development, taking into account Article 4, paragraphs 3, 5 & 7 of the
FCCC.
The nations will:
Develop cost-effective national and,
where appropriate, regional programmes to improve the quality of local emission factors,
activity data and/or models.
Formulate, implement, publish and
regularly update national and, where appropriate, regional programmes containing measures
to mitigate climate change and facilitate adequate adaptation which would concern energy,
transport, industry, agriculture, forestry, waste management and spatial planning for
adaptation.
While Annex 1 countries should submit
information on their national programmes as required under Article 7 of the KP, non-Annex
1 nations should provide information on domestic actions which they believe address
climate change and its adverse impacts.
All countries should cooperate to
facilitate, promote and finance technology transfer, particularly to developing countries.
Policies and programmes should be developed for the effective transfer of environmentally
sound technologies that are "publicly owned or in the public domain." In the
case of environmentally sound technologies that are owned by the private sector, the
article calls for the creation of "an enabling environment....to promote and enhance
the transfer."
This is an interesting difference
made in the KP as the FCCC does not mention public or private domain. It only mentions the
need for transfer of environmentally sound technologies.
The article also says that all countries
should further cooperate in scientific and technical research and promote the maintenance
and development of systematic observation systems and development of data archives to
reduce uncertainties related to the climate system. They should also cooperate to develop
and implement education and training programmes, including the strengthening of national
human and institutional capacity building, for which suitable modalities will be developed
by the relevant bodies of the FCCC.
All countries should include in their
national communications whatever activities and programmes they have undertaken pursuant
to this article. While implementing their commitments under this article, countries must
ensure that they do not create adverse impacts for countries identified in Article 4,
paragraph 8 of the FCCC. |