Article 11:
Implementation of the Protocol including provisions for advancing the implementation of
existing commitments of developing countries
In order to implement this Article, all nations must take into account Article 4,
paragraphs 4, 5, 7, 8 & 9 of the FCCC.
- Article 4.4 says that all developed countries should assist
developing countries that are particularly vulnerable to the adverse effects of climate
change in meeting costs of adaptation to those adverse effects.
- Article 4.5 says that developed countries shall take
"all practicable steps" to promote, facilitate and finance technology transfer,
particularly to developing countries. They will also support the development and
enhancement of endogenous capacities and technologies.
- Article 4.7 says that in the case of developing countries,
the extent to which they will effectively implement their commitments under the FCCC, will
depend on the effective implementation of developed country commitments to provide
financial resources and technology transfer and will take into account the fact that
economic and social development and poverty eradication are their first and overriding
priorities.
- Article 4.8 says that all countries will give full
consideration to financial, insurance and technology transfer needs of developing
countries arising from both the adverse effects of climate change and/or the adverse
impacts of the response measures, especially in developing countries that belong to nine
identified categories (these categories are listed in the analysis of Article 2.3 of the
KP given above).
- Article 4.9 says that all countries will pay attention to
the financial and technology transfer needs of least developed countries.
Article 11 of the KP says that in order to
implement Article 4.1 of the FCCC developed countries will provide "new and
additional financial resources to meet the agreed full costs" incurred by developing
countries to advance the implementation of existing commitments under Article 4.1 of the
FCCC. They will also provide "such financial resources, including for the transfer of
technology" which are needed by developing countries "to meet the agreed full
incremental costs of advancing the implementation of existing commitments" under
Article 4.1 of the FCCC which are covered under Article 10 of the KP and those that are
agreed between a developing country and the international entity or entities entrusted
with the operation of the financial mechanism referred to in Article 11 of the FCCC.
Implementation of these existing
commitments will depend on the adequacy and predictability in the flow of funds and
appropriate burden sharing among developed countries. Developed countries can also provide
financial resources through bilateral, regional and other multilateral channels.
International entity or entities entrusted with the operation of the financial mechanism
set up by the FCCC will be guided by the decisions of the COPs.
Article 12: Clean Development
Mechanism
This article defines the Clean Development Mechanism (CDM). Unlike Article 6, this
article essentially talks about a form of Joint Implementation between industrialised
countries and developing countries.
12.2
Purpose of CDM: To assist developing countries in "achieving sustainable
development and in contributing to the ultimate objective of the Convention (FCCC), and to
assist parties in Annex 1 in achieving compliance with their quantified emission
limitation and reduction commitments..."
12.3
Benefits: While developing countries will benefit from project activities
resulting in certified emission reductions, Annex I countries will use these reductions to
meet their emissions reduction targets.
12.4 Supervision: The CDM will be overseen by the MOP and
supervised by an executive board.
12.5 Certification:
Emission reductions which result from project activities will be certified by operational
entities designated by the MOP on the basis of real, measurable, long term benefits to the
mitigation of climate change; reduction in emissions which are additional to any that
would occur in the absence of the certified project activity; and voluntary participation
approved by each nation involved.
12.6
Funding: CDM shall assist in providing funding of certified project activities.
12.7
Auditing and Verification: MOP-I will provide modalities and procedures for
independent auditing and verification of CDM project activities.
12.8
Share of proceeds: The MOP will ensure that a share of proceeds from certified
project activities will be used to cover the administrative expenses of the CDM as well as
to assist developing country parties that are particularly vulnerable to climate change to
meet the costs of adaptation.
Several arguments can be made against
this provision.
One, it amounts to taxing activities
that promote sustainable development.
Two, this means that proceeds from
projects in developing countries are being used to support developing countries. Does this
mean that the Northern project partners will pay extra for CDM projects or Northern
countries will impose a tax on each project which is then returned to developing countries
but then that would make CDM projects expensive and uncompetitive. The World Bank Carbon
Initiative, for instance, emphasises a portfolio approach and emphasizes the need to keep
climate change mitigation costs down, which is what makes CDM attractive.
Three, it is not clear what is meant
by proceeds. The investment is received by the South and credit is taking by the North. So
what are the proceeds?
Four, there is the issue of fairness.
This provision says that South should be paying developing countries for adaptation costs
rather than the North. It is a case of collecting from the poor and giving back to the
poor. Incidentally, the Global Environment Facility (GEF), an entity designated under
Article 11 of the FCCC does not fund adaptation measures/ policies. This measure takes
away the responsibility of meeting adaptation costs from the North and turns it into a
cooperative measure undertaken by both the North and the South.
12.9
Participation: Private and/or public entities can participate in CDM sponsored
activities provided they follow the guidance provided by the executive board of CDM. |