Brief Overview of Legal Framework: UNFCCC and Kyoto Protocol

1. Brief Overview of Legal Framework:UNFCCC and Kyoto Protocol M.J.Mace Climate Change and Energy Programme, FIELD LDC Workshop Nairobi, Kenya 2-3 November 2006

2. UNFCCCDeveloped and Developing Country Commitments • Mitigation • Adaptation • Reporting to COP • Gathering and Disseminating Information Differentiation between Annex I and Non-Annex I Parties

3. Basic Convention Elements • Article 1 – Definitions • Article 2 – Objective • Article 3 – Principles • Article 4 – Commitments • Article 5 – Research and Systematic Observation • Article 6 – Education, Training and Public Awareness • Article 9 – SBSTA • Article 10 – SBI • Article 11 – Financial Mechanism • Article 12 – National Communications

4. ObjectiveArticle 2 Stabilizationof GHGs • at a levelthat prevents dangerousanthropogenic interference with the climate system • achieved in a timeframe sufficient • To allow ecosystems to adapt naturally • To ensure food production not threatened • To enable economic development to proceed in a sustainable manner • Convention Goal: Reduce GHG emission levels to 1990 levels by 2000

5. PrinciplesArticle 3 • Parties to protect climate system for benefit of future generations of humankind (intergenerational equity) (Art. 3.1) • Parties to protect the climate system in accordance with their common but differentiated responsibilities and respective capabilities (Art. 3.1) • Developed countries to take the lead in combating climate change and the adverse impacts of climate change (Art. 3.1) • Parties to take measures to anticipate, prevent and mitigate the causes of climate change; lack of full scientific certainty should not be used to postpone such measures (precautionary principle (Art. 3.3) • Parties to promote sustainable development (3.4)

6. CommitmentsArticle 4 4.1 – Commitments for all Parties mitigation adaptation Reporting 4.3 – Funding for developing countries 4.4 – Funding for PV developing countries 4.5 – Technology Transfer (adaptive techs) 4.7 – Links commitments to funding and TT 4.8 – Actions for developing countries 4.9 – Actions to consider special needs of LDCs

7. Mitigation Obligations • develop GHG inventories - 4.1(a) • formulate national and regional programmes containing mitigationand adaptation measures - 4.1(b) • cooperate in development and transfer of technology in all relevant sectors that reduce or prevent emissions 4.1(c) • promote sustainable management of sinks - 4.1(d) • take climate change into consideration in social, economic and environmental policies - 4.1(f)

8. Adaptation Obligations • formulate national and regional programmes containing mitigation and adaptation measures 4.1(b) • cooperate in preparing for adaptation; develop integrated plans for coastal zone management, water resources and agriculture and for the protection of areas affected by drought and flood 4.1(e) • take climate change into consideration in social, economic and environmental policies (4.1(f))

9. Reporting Obligations • National communications to the COP, with information related to implementation (Art. 4 (j)) • National inventory of GHGs by sources and sinks • Steps taken or envisaged to implement the Convention • Projects for financing, including technologies and estimate of incremental costs of reductions of GHGs

10. Gathering and Disseminating Information Obligations • promote and cooperate in scientific research, systematic observation, development of data archives (4.1(g) / Art. 5) • promote and cooperate in education, training and public awareness related to climate change (4.1(i) / Art. 6)

11. Kyoto Protocol: the Target • Annex I UNFCCC (Developed) Countries • Reduce their aggregate emissions by at least 5 percent below 1990 levels between 2008 and 2012 • Limitation or Reduction Commitments (QELRCs) for each Annex I Party are listed in Annex B of the Kyoto Protocol

12. Global Warming Potential:6 GHGs

13. Individual Targets United States: 93% Australia: 108% New Zealand: 100% Japan: 94% European Community: 92% Russian Federation: 100%

14. Kyoto Protocol: Flexibility 3 “Flexible” Mechanisms: • Joint Implementation (Article 6 KP) • Clean Development Mechanism (Article 12 KP) • Emissions Trading (Article 17 KP)

15. Example Assume cost of reducing emissions by 1 metric tonne is • US - $10 by using pollution controls, or imposing regulations on waste emissions (plus political cost) • Russia - $7 tonne, because old industrial processes, coal-fired plants • India- $6tonne through fuel switching. • Kenya – by the planting of trees or shrubs, $4 • hot air situation – market price – but won’t know price until KP off the ground

16. Flexibility Mechanisms • Do NOT reduce global emissions • but create flexibility WHERE and by WHOM reductions are made – optimizing the use of cheap reduction options • Use of CDM increases total allowed domestic Annex I, as projects in developing countries are used to generate credits to offset emissions in developed countries

17. Kyoto Protocol: Flexibility 3 “Flexible” Mechanisms: Joint Implementation Article 6 (ERUs) Clean Development Mechanism Article 12 (CERs) Emissions Trading Article 17 (AAUs) A1 A1 A1 A1 NA1 A1 A1 A1

18. Kyoto Protocol Progress • Entered into force February 16, 2005 • 5% below 1990 levels in aggregate to be achieved by 2008-2012 – 1st Commitment Period • By 2005, each country must have made ‘demonstrable progress.’ (Art. 3.2) • COP to initiate consideration of commitments for subsequent periods in 2005 (Art. 3.9) • First COP/MOP – Montreal, November 2005 • Second COP/MOP – Nairobi , November 2006 • Now negotiating 2nd commitment period targets