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

UNFCCC Developed and Developing Country Commitments  Mitigation  Adaptation  Reporting to COP  Gathering and Disseminating Information Differentiation between Annex I and Non-Annex I Parties

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

Objective Article 2 Stabilization of GHGs at a level that prevents dangerous anthropogenic 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

Principles Article 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)

Commitments Article – 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

Mitigation Obligations develop GHG inventories - 4.1(a) formulate national and regional programmes containing mitigation and 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)

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))

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

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)

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

Global Warming Potential: 6 GHGs GWPLifespan (yrs)contribution CO2161% Methane231215% NO % HFCs , PFCs SF622,220

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

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

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 - $6 tonne 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

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

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

Kyoto Protocol Progress Entered into force February 16, % below 1990 levels in aggregate to be achieved by – 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 2 nd commitment period targets