Delegates to the informal meetings preceding SB-12 met to
discuss: policies and measures; guidelines on Protocol
Articles 5 (methodological issues), 7 (communication of
information) and 8 (review of information); cross-cutting
issues; land use, land-use change and forestry; and the
mechanisms.
INFORMAL MEETINGS AND WORKSHOPS
POLICIES AND MEASURES: Chair Dovland summarized the
outcome of the FCCC workshop on policies and measures
(P&Ms) held during April in Copenhagen, and asked
delegates for suggestions on future work. While most delegates
underlined the continuing value of information exchange, there
was concern at the heavy workload prior to COP-6. The EU
proposed that additional workshops be held to address the
technical aspects of P&Ms and emphasized the need to
improve quantification of assessment of P&Ms at a sectoral
level. NIGERIA suggested organizing workshops to examine the
effect of P&Ms on developing countries, and proposed that
P&Ms be addressed as a cross-cutting issue with FCCC
Article 4.8 and 4.9 (adverse effects). Delegates proposed that
work be undertaken through Friends of the Chair rather than a
contact group.
JAPAN and the US doubted the value of using one set of
indicators to evaluate national policies. CANADA, with
AUSTRALIA, called for indicators that take into account
specific national circumstances. He preferred the concept of
"good practices" to "best practices" and,
with the US, highlighted the importance of completing national
inventories. The NETHERLANDS and FRANCE said reliance on
inventories alone was insufficient to evaluate the
effectiveness of P&Ms.
GUIDELINES UNDER PROTOCOL ARTICLES 5, 7 & 8: Delegates
in the subgroup on Article 5.1 (national systems) continued
discussing the second Draft Guidelines for National Systems
under Article 5.1 of the Kyoto Protocol and approved minor
changes on Other Definitions, General Functions and Specific
Functions. The US suggested using the same definitions as
those in the new IPCC report on Good Practice Guidance. He
said the guidelines should be strictly limited to Article 5.1,
and cautioned against referring to reporting under Article 7
(communication of information), which will be addressed
separately. He added that Specific Functions should be divided
into inventory planning, preparation and management. The EU
highlighted the need to include the establishment of quality
objectives in conjunction with Quality Control and Quality
Assurance, and for the consideration of recalculation in
inventory planning. With BULGARIA, she suggested
distinguishing between Quality Control and Quality Assurance,
recognizing the stronger obligation to implement the former.
The subgroup on Articles 5.2 (adjustments) and 8 (review of
information) continued its consideration of Part I of the
Elements of Draft Guidelines under Article 8 of the Kyoto
Protocol. On Objectives, SAUDI ARABIA sought the inclusion of
specific text relating to Article 3.2 (demonstrable progress)
and 3.14. (adverse effects). On General Approach, delegates
discussed the need to clarify the relationship between the
reports of Expert Review Teams (ERTs) and the role of the
COP/MOP and/or a compliance institution that may be
established. On Coverage, AUSTRALIA said the Guidelines could
be structured based on the timing of information submitted,
the Article under which the information was submitted, or the
type of issues reviewed.
On Timing and Procedures, the EU said the trial inventory
review period under the FCCC would provide useful guidance for
the proposed one-year time frame. Delegates also discussed,
inter alia: the need to clarify the actions and information
covered by the Secretariat’s initial check; the
circumstances under which an in-country visit would take
place; whether recalculations of the base year emission
inventory could occur; and whether the Guidelines would be
self-contained. SWITZERLAND and the EU said the reports of
ERTs should also include questions identified and how they had
been handled. On Guidance for the ERTs, delegates converged on
the need for the Protocol’s inventory review guidelines to
contain additional functions to the FCCC guidelines, and for a
single inventory review process under the FCCC and the
Protocol. On Classification of Inventory Problems, the EU
distributed a non-paper to help form the rationale for problem
categorization. On the Composition of the ERTs, delegates
underlined the need to discuss their standing or ad hoc
nature.
MECHANISMS: Emissions Trading: Chair Chow
highlighted key features of emissions trading contained in the
draft text for negotiation. On participation, one option
listed was to require the Party’s prior compliance with its
obligations, such as compliance with Articles 5 and 7 and
maintenance of national registries, while another option was
to suspend participation if the Party was not complying with
these obligations. On modalities of operations, proposals
included conducting transactions through bilateral and
multilateral arrangements among Annex I Parties, through an
exchange, or through both bilateral and multilateral
arrangements and exchanges. On liability, options presented
included seller liability, shared liability, buyer liability,
trigger, compliance reserve and post-verification proposals.
SWITZERLAND, opposed by CANADA, proposed an annual
post-verification trading system, wherein emissions trading
would be limited to Assigned Amount Units (AAU’s) surplus to
the Party’s allocation plan. With NEW ZEALAND and the US,
CANADA supported a seller regime complemented by an effective
compliance system. The US highlighted the need to maintain
similar approaches on Articles 4 (joint fulfillment of
commitments) and 17 (emissions trading), as both permit
Parties to fulfill obligations collectively, and pointed out
that Article 4 refers to transferor liability. TUVALU, on
behalf of AOSIS, highlighted the need for environmental
integrity of emissions trading systems and sought elaboration
on the idea of a compliance reserve. COLOMBIA stressed the
need for a suitable system for the measurement of emissions
from point and mobile sources. INDIA stressed the need to
first determine the character, nature and volume of the
transferable. He said that the CDM could be marginalized by
emissions trading because of its sustainable development
requirements.
Joint Implementation: Chair Chow sought delegates’ views
on subjecting JI projects to CDM-type requirements. Noting the
different objectives of CDM and JI, JAPAN and POLAND argued
against additional requirements on JI. NEW ZEALAND, with the
US, argued that a JI project should be subject to CDM-type
scrutiny only where a Party does not comply with Articles 5
and 7, and where these both impact on the project. The EU
supported a CDM-type project cycle to ensure environmental
credibility at the project level. NIGERIA expressed concern
that different transaction costs would reduce CDM take-up and,
with INDIA and CHINA, proposed similar requirements for JI.
SOUTH AFRICA argued that JI’s limitation to Annex I Parties
does not justify less onerous requirements. The US argued
against imposing CDM-type requirements just to ensure parity
with JI.
Industry and environmental NGOs’ positions: In an evening
session on business and NGO perspectives on the mechanisms,
representatives from the business community, including the
International Chamber of Commerce and the International
Climate Change Partnership, recommended, inter alia, that
COP-6: agree to clear definitions on fungibility and
tradeability; eschew quantitative restrictions in the
mechanisms; provide clarity on the proposed institutional
controls for CDM; create a strong and fair compliance system;
and approve mechanisms for fast-track CDM crediting. Most
representatives expressed preference for seller liability.
The Climate Action Network (CAN), representing the NGOs,
said Annex-I participation in the mechanisms should hinge on
their ability to monitor and report emissions to a given
standard and track changes to AAUs. On liability, CAN
supported a hybrid buyer-seller liability ensuring
environmental effectiveness and capturing the market’s power
to enhance compliance. On CDM, CAN said it must: encourage the
development of markets for clean energy technologies in the
South; support local, regional and national development
priorities; have minimum overall environmental impacts; and
not undermine Annex I domestic action. CAN also suggested
measures to enhance public participation in the CDM Project
Cycle.
CROSS-CUTTING ISSUES: Chair Dovland said this
meeting was aimed at facilitating coherence and eliminating
duplication of work among the various issues under
negotiation. He noted linkages between the work on mechanisms,
compliance and Articles 5, 7 and 8, and suggested grouping
these cross-cutting issues in seven areas: supplementary
information relating to the mechanisms; the review of
mechanisms-related activities; the relationship between the
adjustment and compliance procedures; the relationship between
the classification of problems and the screening procedure;
implementation issues; and criteria for mechanisms
participation. He then listed 14 specific questions related to
these cross-cutting issues and identified which of the three
contact groups should take the lead role in responding to each
of these questions. He noted that further questions could be
added to this list, and that there were linkages between other
issues under negotiation, such as the potential linkages
between work on P&Ms and FCCC Article 4.8 and 4.9 and
Protocol Article 3.14.
On additional cross-cutting issues, SAUDI ARABIA asked
about, inter alia: the relationship between the financial
penalty under the compliance regime and Protocol Articles 2.3
and 3.14; the relationship between the compliance mechanism
and Articles 5 and 7; and whether an Annex I Party might lose
its eligibility to participate in the mechanisms if in
non-compliance with other Articles. GHANA stressed that
provisions under Article 12 (CDM) should not be seen to
replace those under FCCC Article 4.5 (technology transfer),
4.8 and 4.9. The US raised questions about the relationship
between Article 4 (joint fulfillment of commitments) and
Articles 5, 7 and 8, the mechanisms and the compliance regime.
The EU asked about the implications of different options
relating to liability for reporting and review under the
compliance system. He said consideration of the linkage
between Articles 7 and 8 on the one hand, and Articles 6 and
12 on the other, should be extended to Article 17.
LAND USE, LAND-USE CHANGE AND FORESTRY: Delegates
were updated on the progress of the contact group charged with
compiling the proposals for a data-reporting format. On
guiding principles and criteria for the identification of
additional activities under Article 3.4 (changes in carbon
stocks), Co-Chair Philip Gwage (Uganda) underscored the need
for consistency with the FCCC objective, and said
sequestration is not comparable with emissions reductions. The
EU said criteria should be verifiable and take into account
the objective of sustainable development. She said carbon
stock change should be attributable to human-induced
activities. AUSTRALIA said attention should be paid to the use
of the criteria before considering the nature and scope of
guiding principles.
The US proposed starting with the issues identified in FCCC
Article 3.4. He stressed the need for comprehensiveness to
ensure that the maximum incentive is given to Parties to
reduce emissions and enhance sequestration, and said measures
undertaken should be cost effective. CANADA underscored the
importance of emphasizing the national context of sustainable
development, while TUVALU stressed a broader approach.
Co-Chair Thorgeirsson said a list of guiding principles and
criteria could provide a context for country submissions. He
suggested separating guiding principles and criteria.
AUSTRALIA cautioned against differentiating between guiding
principles and criteria, recalling similar earlier discussions
that had not resulted in agreement. Supported by the US, she
said the guiding principles for additional activities under
Article 3.4 already exist in the FCCC and Protocol, and
questioned the need for a list. The co-chairs will compile the
discussions for consideration at the next informal meeting.
IN THE CORRIDORS
Some participants felt the session on cross-cutting issues
represented a barometer for the meeting so far, which seems to
have started constructively. A number of participants
suggested that Wednesday�s briefing on the IPCC�s Special
Report on LULUCF could result in the most lively session of
the meeting to date.