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Published by
the International
Institute for Sustainable Development (IISD)
Vol. 12 No. 176
Monday, 30 July 2001
SUMMARY OF THE RESUMED SIXTH
SESSION OF THE CONFERENCE OF THE PARTIES TO THE UN FRAMEWORK
CONVENTION ON CLIMATE CHANGE:
16-27 JULY 2001
The resumed sixth session of the
Conference of the Parties (COP-6 Part II) to the United Nations
Framework Convention on Climate Change (UNFCCC) and the fourteenth
sessions of the UNFCCC’s subsidiary bodies were held in Bonn,
Germany, from 16-27 July. Over 4,600 participants from 181
governments, 254 intergovernmental, non-governmental and other
observer organizations, and 332 media outlets were in attendance.
The meeting sought to successfully complete negotiations aimed at
setting the operational details for commitments on reducing
emissions of greenhouse gases under the 1997 Kyoto Protocol. It also
sought agreement on actions to strengthen implementation of the
UNFCCC itself. In attempting to achieve these goals, which were set
out in the 1998 Buenos Aires Plan of Action (BAPA), the resumed
COP-6 was intended to bring to a close more than two and a half
years of preparations and negotiations, and to complete the tasks
that had been left unfinished at COP-6 in The Hague in November
2000.
From 16-18 July, delegates met in
closed negotiating groups to reduce differences on texts for
decisions on a range of issues related to the Protocol and the
UNFCCC, including: financial issues; the mechanisms; compliance; and
land use, land-use change and forestry (LULUCF).
On Thursday, 19 July, the
high-level segment of the resumed COP-6 began, with participants
striving to make a breakthrough by achieving agreement on a
"political" decision on key outstanding issues. On
Saturday night, after protracted consultations, President Pronk
presented his proposal for a draft political decision outlining
agreements on core elements of the BAPA. However, in spite of
several Parties announcing Sunday that they could support the
political decision, disagreements surfaced over the section on
compliance.
President Pronk held ongoing
consultations on this section until Monday morning, when the
ministers finally agreed to adopt the original political decision
from Saturday, with a revised section on compliance. The political
decision – or "Bonn Agreement" – was approved by the
ministers in Plenary late Monday morning, and formally adopted by
the COP on Wednesday evening, 25 July. High-level discussions over
the weekend also resulted in a Political Declaration by a number of
developed countries, in which they pledged additional funding for
climate change activities for developing countries.
During the remainder of the second
week, delegates attempted to clear all remaining brackets in the
outstanding texts held over from COP-6 Part I, based on the
political guidance set out under the Bonn Agreement. Although
decisions were adopted on several key issues, delegates were unable
to complete all their work on the mechanisms, compliance and LULUCF.
Since not all texts in the entire "package" of decisions
were completed, all decisions were forwarded to COP-7, where
delegates will attempt to conclude their negotiations.
The fourteenth sessions of the COP’s
subsidiary bodies met at the same time as the resumed COP-6. After a
number of informal consultations, the subsidiary bodies adopted
draft conclusions on a range of issues, including reports on
inter-sessional activities, policies and measures, cooperation with
relevant international organizations, and administrative and
financial matters.
A BRIEF HISTORY OF THE UNFCCC AND THE KYOTO
PROTOCOL
Climate change is considered one
of the most serious threats to the sustainability of the world's
environment, human health and well-being, and the global economy.
Mainstream scientists agree that the Earth's climate is being
affected by the build-up of greenhouse gases, such as carbon
dioxide, caused by human activities. Despite some lingering
uncertainties, a majority of scientists believe that precautionary
and prompt action is necessary.
The international response to
climate change took shape with the development of the UNFCCC.
Adopted in 1992, the UNFCCC sets out a framework for action aimed at
stabilizing atmospheric concentrations of greenhouse gases at a
level that would prevent human-induced actions from leading to
"dangerous interference" with the climate system. The
UNFCCC entered into force on 21 March 1994. It now has 186 Parties.
Six meetings of the COP have taken place, as well as numerous
workshops and meetings of the COP's subsidiary bodies.
THE KYOTO PROTOCOL: In
1995, the Ad Hoc Group on the Berlin Mandate was established
by COP-1 to reach agreement on a further step in efforts to combat
climate change. Following intense negotiations culminating at COP-3,
held in Kyoto, Japan, in December 1997, delegates agreed to a
Protocol to the UNFCCC that commits developed countries and
countries making the transition to a market economy to achieve
quantified targets for decreasing their emissions of greenhouse
gases. These countries, known under the UNFCCC as Annex I Parties,
committed themselves to reducing their overall emissions of six
greenhouse gases by at least 5% below 1990 levels over the period
between 2008 and 2012, with specific targets varying from country to
country. The Protocol also provided the basis for three mechanisms
to assist Annex I Parties in meeting their national targets
cost-effectively – an emissions trading system, joint
implementation (JI) of emissions-reduction projects between Annex I
Parties, and a Clean Development Mechanism (CDM) to encourage joint
projects between Annex I and non-Annex I (developing country)
Parties.
It was left for subsequent
meetings to decide on most of the rules and operational details that
will determine how these cuts in emissions are achieved and how
countries’ efforts are measured and assessed. Although 84
countries had signed the Protocol as of 20 July 2001, most have been
waiting for the negotiation of the operational details before
deciding whether to ratify. To enter into force, the Protocol must
be ratified by 55 Parties to the UNFCCC, including Annex I Parties
representing at least 55% of the total carbon dioxide emissions for
1990. To date, 37 Parties have ratified the Protocol.
THE BUENOS AIRES PLAN OF ACTION: COP-4
met in Buenos Aires, Argentina, in November 1998, to set out a
schedule for reaching agreement on the operational details of the
Protocol and for strengthening implementation of the UNFCCC itself.
This work schedule was outlined in a document called the Buenos
Aires Plan of Action (BAPA). The critical deadline under the BAPA
was COP-6, where Parties were to attempt to reach agreement on a
package of issues. Critical Protocol-related issues needing
resolution included rules relating to the mechanisms, a regime for
assessing Parties’ compliance, and accounting methods for national
emissions and emissions reductions. Rules on crediting countries for
carbon sinks were also to be addressed. Issues under the UNFCCC
requiring resolution included questions of capacity building, the
development and transfer of technology, and assistance to those
developing countries that are especially vulnerable to the adverse
effects of climate change or to actions taken by industrialized
countries to combat climate change.
PREPARATIONS FOR COP-6: Numerous
formal and informal meetings and consultations were held during 1999
and 2000 to help lay the foundations for an agreement at COP-6. At
the thirteenth sessions of the subsidiary bodies – which began in
September 2000 in Lyon, France, and which were the final formal
sessions before COP-6 – political positions on the key issues
remained entrenched, with little indication of willingness to
compromise or move forward. While informal meetings and
consultations held in October and early November 2000 resulted in
some further progress, many differences remained.
COP-6 PART I: COP-6
and the resumed thirteenth sessions of the UNFCCC’s subsidiary
bodies were held in The Hague, the Netherlands, from 13-25 November
2000. During the second week of negotiations, COP-6 President Jan
Pronk, Minister of Housing, Spatial Planning and Environment of the
Netherlands, attempted to facilitate progress on the many disputed
political and technical issues by convening high-level informal
Plenary sessions to address the key political issues, which he
grouped into four "clusters" or "boxes," as
follows: (a) capacity building, technology transfer, adverse effects
and guidance to the financial mechanism; (b) mechanisms; (c) LULUCF;
and, (d) compliance, policies and measures (P&Ms), and
accounting, reporting and review under Protocol Articles 5
(methodological issues), 7 (communication of information) and 8
(review of information). Ministers and other senior negotiators
convened in four groups to negotiate on these clusters in an attempt
to reach consensus.
However, by Thursday, 23 November,
negotiations appeared stalled, and President Pronk distributed a
Note containing his proposals on key issues in an attempt to
encourage a breakthrough. After almost 36 hours of intense talks on
the President’s proposals, negotiators could not achieve an
agreement, with financial issues, supplementarity in the use of the
mechanisms, compliance and LULUCF proving to be particular sticking
points. On Saturday afternoon, 25 November, President Pronk convened
a final high-level informal Plenary in which he announced that
delegates had failed to reach agreement. Delegates agreed to suspend
COP-6, and expressed a willingness to resume their work in 2001.
PREPARATIONS FOR COP-6 PART II: A
number of meetings and consultations were convened after COP-6 Part
I in an effort to get negotiations back on track. Shortly before
COP-6 Part II, informal high-level consultations chaired by
President Pronk were held in Scheveningen, the Netherlands, from
27-28 June 2001. Over 350 delegates from as many as 130 Parties
participated, including a number of ministers and deputy ministers.
The aim of the consultations was to permit Parties to present to
President Pronk their views on his June consolidated negotiating
text, which he had presented as a tool to help negotiators reach a
compromise.While some participants expressed the opinion that
positions did not appear to have shifted since COP-6 Part I, others
underscored that positions had possibly widened. They also noted
signs of entrenchment by some Parties, in particular on the subjects
of LULUCF, sinks in the CDM, and the use of nuclear facilities to
meet commitments. The funding issue also appeared to be a potential
problem. Further concerns were raised by some ambiguity on the part
of Japan regarding its intentions for ratifying the Protocol.
In addition to official
preparations for COP-6 Part II, there were a number of political
developments following the meeting in The Hague. In March 2001, the
US administration declared its opposition to the Protocol, stating
that it believed it to be "fatally flawed," as it would
damage its economy and exempted developing countries from fully
participating. Following the US announcement, the EU sent diplomatic
missions to several Parties, including Japan, Australia, Canada, the
Russian Federation and Iran, in an effort to maintain support for
the Protocol and its entry into force by 2002. The US indicated that
it would participate at COP-6 Part II in negotiations on the
Protocol in cases where talks might lead to outcomes affecting
legitimate US interests, or if negotiations could set precedents for
other international agreements. It would be fully involved in all
discussions relating to commitments under the UNFCCC.
REPORT OF COP-6 PART II
The resumed Sixth Conference of
the Parties (COP-6 Part II) to the UNFCCC opened on Monday morning,
16 July 2001. COP-6 President Jan Pronk, Minister of Housing,
Spatial Planning and Environment of the Netherlands, opened the
resumed COP-6, noting that participants were meeting to resolve
outstanding issues from the first part of COP-6 in The Hague in
November 2000. He said the negotiations would be based on bracketed
texts brought forward from The Hague. In addition, an unbracketed
consolidated negotiating text he had developed would serve as a
"tool" to assist negotiators. Iran, on behalf of the
G-77/China, drew attention to developments since COP-6 Part I,
including the US administration’s announcement. He stressed that
delegates are in Bonn to complete their unfinished work, and
highlighted the need to clearly differentiate between UNFCCC and
Protocol issues under negotiation.
Opening speeches were also
presented during a welcoming ceremony for ministers and other
high-level officials on Thursday afternoon, 19 July, which marked
the beginning of the high-level segment of negotiations, held from
19-23 July. Emphasizing that the Protocol is "the only game in
town" and that it is fair and credible, President Pronk urged
Parties not to hold back on ratifying because one nation does not
intend to ratify.
Barbel Dieckmann, Mayor of Bonn,
elaborated on the presence of the UNFCCC Secretariat and other UN
bodies and agencies in Bonn. She outlined efforts to increase the UN
presence, including plans for a new UN campus. UNFCCC Executive
Secretary Michael Zammit Cutajar recalled the aims of the BAPA, and
highlighted the challenges and needs of developing countries in
responding to climate change. Noting progress in talks during the
past few days, he said it would be a waste to "abandon the
investment" of several years of negotiations. Robert Watson,
Chair of the Intergovernmental Panel on Climate Change (IPCC),
stated that all the scenarios considered for the next century
predict an ongoing increase in carbon dioxide levels, more extreme
weather events, temperature increases, changes in precipitation, sea
level rise, and impacts on agricultural productivity. He noted that
cost-effective technologies exist to target greenhouse gas
emissions. He said the costs of addressing climate change
domestically are estimated at 0.2-2 percent of GDP, falling even
lower if international cooperation occurs.
Representatives of a recent Youth
Conference on Climate Change delivered their views. One speaker
urged delegates not to increase the use of sinks in the Protocol,
and said Annex I Parties should meet at least half of their
commitments domestically. A second speaker told delegates that young
people were "extremely disappointed with your disregard for our
future" at The Hague, and urged them not to fail in Bonn.
A number of Parties then made
general statements. The G-77/ China expressed concern at the
unilateral approach of the US, and emphasized: preference for three
separate decisions on the mechanisms; the need to address adverse
effects; support for legally binding consequences of non-compliance;
and the need for further negotiations on LULUCF. Belgium, for the
EU, said it is ready for compromises with all Parties to reach
agreement on a balanced package that respects: environmental
integrity; equity and solidarity with developing countries; and
economic efficiency and flexibility in meeting the agreed targets.
Samoa, for the Alliance of Small Island States (AOSIS), emphasized
the need for additional funds to undertake adaptation. The Czech
Republic, for CG-11 (a group of central and eastern European
countries), expressed concern with the Pronk text on financial
obligations for Annex I Parties not included in Annex II, and with
proposals for a levy on joint implementation and emissions trading.
Morocco expressed his hope that COP-7 would provide renewed impetus
ahead of the Johannesburg 2002 World Summit on Sustainable
Development.
Australia stated that uncertainty
regarding future involvement of certain States should not stop key
issues from being addressed, and emphasized: non-discriminatory
rules on sinks; a compliance system that assists Parties rather than
punishes non-compliance; and the launch of dialogue on action with
developing countries. Canada underlined the importance of efficient
and accessible market mechanisms, the role of forests and
agriculture as carbon sinks, and the need to encourage developing
country action.
Underlining the importance of US
participation, Japan said it is proactively engaged in consultations
with the US, but that this should not delay progress at this
session. She said Japan will exert its utmost efforts to make it
possible for many countries, including itself, to "conclude the
Protocol," aiming at entry into force by 2002. The US said it
intends to address climate change in a "serious, sensible and
science-based manner" and would not prevent others from going
ahead with the Protocol "so long as they do not harm legitimate
US interests."
Switzerland, for the Environmental
Integrity Group (Mexico, Republic of Korea, and Switzerland), said
sinks should be of a limited scale, mechanisms should complement
domestic action, and there should be a strong compliance regime with
legally binding consequences. China noted a document outlining its
achievements to address climate change. The Russian Federation
emphasized the need for simplicity in the mechanisms, and including
sinks and nuclear facilities, and expressed concern with proposals
on financial issues.
ORGANIZATIONAL MATTERS
STATUS OF RATIFICATION:
Delegates met on Thursday morning, 19 July, in a plenary session to
address organizational matters. The COP noted that 185 States and
one regional economic integration organization are Parties to the
UNFCCC and that 35 States have deposited their instruments of
ratification or accession to the Kyoto Protocol. President Pronk
added that Vanuatu had recently ratified the Protocol, and
Argentina, Senegal, Colombia, the Cook Islands and Bangladesh said
they were in the process of taking similar steps.
ADMISSION OF ORGANIZATIONS AS
OBSERVERS: On the admission of observers,
the COP approved the list of organizations recommended by the Bureau
on 19 July (FCCC/CP/2001/L.1).
ELECTION OF OFFICERS OTHER THAN
THE PRESIDENT: The COP elected its Bureau
members during COP-6 Part I, with the exception of a second
Vice-President to be nominated by the Asian Group. In Plenary on 16
July, and again on 27 July, President Pronk noted that this Group
was still considering the matter. Noting that the Bureau has
important work to do before a new Bureau is elected at COP-7,
including a meeting in early September in Marrakech, he urged the
Asian Group to redouble its efforts to reach agreement on this
matter.
ADOPTION OF THE REPORT ON
CREDENTIALS: The resumed COP-6 adopted the
report on credentials of representatives (FCCC/CP/2001/3) on Friday,
27 July.
PREPARATIONS FOR COP/MOP-1 AND
REVIEW OF UNFCCC COMMITMENTS AND PROVISIONS
The critical issues addressed
during the resumed Sixth Conference of the Parties related to two
agenda items: review of the implementation of commitments and of
other provisions of the UNFCCC; and preparations for the first
session of the Conference of the Parties serving as the meeting of
the Parties to the Kyoto Protocol (COP/ MOP-1). These issues were
highlighted in the BAPA, which set COP-6 as the deadline for
finalizing agreement.
The following section of this
report provides a synopsis of the process during the meeting,
followed by an overview of the four key issues negotiated at COP-6
Part II: financial issues; the mechanisms; compliance; and LULUCF.
This section also addresses other issues relating to the
implementation of the UNFCCC, and preparations for COP/MOP-1. These
include: national systems, adjustments and guidelines under Protocol
Articles 5 (methodological issues), 7 (communication of information)
and 8 (review of information); activities implemented jointly under
the pilot phase; "best practices" in P&Ms; and the
impact of single projects on emissions in the commitment period.
AN OVERVIEW OF NEGOTIATIONS ON THE
KEY ISSUES: From 16-18 July, delegates met
in closed negotiating groups, which aimed to identify the key
political issues to be resolved by ministers and high-level
officials. Discussions during these three days were held on the
basis of negotiating texts carried over from COP-6 Part I (see
FCCC/CP/2000/5/Add.3, "Part Three: Texts forwarded to the
resumed sixth session by the COP at the first part of its sixth
session," Volumes I – V). These texts covered all issues
under negotiation, although many paragraphs remained heavily
bracketed. In addition, an unbracketed consolidated negotiating text
proposed in June by President Pronk served as a key "tool"
for supporting the negotiations. This tool addressed critical areas
where disagreements remain, and attempted to establish a balanced
package of decisions on all issues covered by the BAPA.
High-level Segment (19-23 July):
On Thursday, 19 July, the high-level segment of COP-6 Part II began,
with ministers and other senior government officials in attendance.
In their deliberations, ministers and other officials began by
considering a Note by the Co-Chairs of the negotiating groups
(FCCC/CP/2001/CRP.8), a "streamlined document" that
outlined clear options on all the key outstanding political issues.
They met in a main negotiating group, known as the President’s
Group, as well as in four groups considering the key issues.
Substantive work began on Friday, 20 July.
Ministers and high-level officials
met throughout the weekend and into Monday morning. On Saturday
night, 21 July, President Pronk observed signs of an
"increasing consensus" and presented his proposal for a
draft decision outlining political agreements on "core
elements" of the BAPA. Notable features of the proposal
included: activities under Protocol Article 3.4 (additional
activities) during the first commitment period, with individual
Party caps on credits from forest management; afforestation and
reforestation projects in the CDM during the first commitment
period; a political declaration "inviting" funding from
Annex II Parties; enforcement consequences aimed at restoring
non-compliance and repairing damage to the environment in cases of
non-compliance; Annex I Parties refraining from using nuclear
facilities in the CDM and JI; domestic action constituting a
"significant element" of Annex I Parties’ efforts to
meet commitments; and the establishment of funds for developing
country activities.
However, in spite of several
Parties announcing Sunday that they could support the political
decision, disagreements surfaced over the section on compliance. President
Pronk held further intensive consultations on this section
throughout Sunday night and into Monday morning, resulting in an
agreement to adopt the original political decision from Saturday,
with a revised section on compliance.
Bonn Agreement:
The political decision was approved by ministers in a plenary
session held Monday, and formally adopted by the COP on Wednesday
evening, 25 July (FCCC/CP/2001/L.7), after disputes relating to
"technical" and "editorial" changes made to the
text Monday night had been resolved.
Political Declaration:
Discussion over the weekend also resulted in a Political Declaration
by the EU, Canada, Iceland, Norway, New Zealand and Switzerland on
funding for developing countries. This Declaration includes an
undertaking to provide an annual contribution of US$410 million by
2005.
Post-Bonn Agreement Negotiations:
During the remainder of the second week, delegates agreed to resume
in their negotiating groups in an attempt to clear the remaining
brackets in all outstanding texts held over from The Hague, so as to
reflect the Bonn Agreement. Although consensus was reached on
several key issues, delegates were unable to complete their work
after disagreements continued over the draft decisions on the
mechanisms, compliance and LULUCF. Delegates will attempt to
conclude their work on the outstanding issues at COP-7.
FINANCIAL ISSUES: The
negotiations on financial issues addressed capacity building,
technology transfer, adaptation, UNFCCC Article 4.8 and 4.9 and
Protocol Articles 2.3 and 3.14 (adverse effects), and funding. These
issues were dealt with in a negotiating group co-chaired by John
Ashe (Antigua and Barbuda) and Andrej Kranjc (Slovenia), as well as
in several sub-groups and drafting groups. Some financial matters,
especially those relating to funding, were discussed as
cross-cutting issues.
Delegates met in a closed
negotiating group from 16-18 July, with discussions addressing a
variety of issues, including: concerns about overburdening the
Global Environment Facility (GEF); the implications of relying on
sources of information other than national communications to
determine action related to adaptation; the specific concerns of
least developed countries (LDCs); institutional arrangements for
technology transfer; the role and composition of the technology
transfer body of experts; and proposals on funding, including
whether to have voluntary or mandatory levels of contribution. The
group’s discussions resulted in agreement on the two draft
decisions on capacity building. Together with the Co-Chairs of the
four negotiating groups, Co-Chairs Ashe and Kranjc prepared a Note
(FCCC/CP/ 20001/CRP.8) outlining clear options on the key
outstanding political issues.
Ministers and other-high level
officials began their substantive discussions based on this Note on
19 July, with informal high-level consultations on finance
facilitated by Secretary of State Philippe Roch (Switzerland). One
issue during the high-level segment was the question of
"mandatory" or "voluntary" funding. However,
developing countries compromised by agreeing not to insist on
mandatory funding.
Bonn Agreement:
The political decision agreed on Monday, 23 July, and formally
adopted by the COP on Wednesday, 25 July, contains five sections
related to the financial issues.
Funding under the UNFCCC:
The COP agrees that Annex II Parties, and other Annex I Parties that
are in a position to do so, should provide funding to meet the
commitments under UNFCCC Article 4.1 (commitments), 4.3 (funding),
4.4 (adaptation), 4.5 (technology transfer), 4.8 and 4.9 (adverse
effects) through the GEF replenishment, the proposed special climate
change fund, and bilateral and multilateral channels. It further
provides that appropriate modalities for burden sharing among Annex
II Parties need to be developed. It specifies that the special
climate change fund is to be established to finance activities
related to climate change that are complementary to those funded by
the resources allocated to the GEF and bilateral and multilateral
funding. These activities include adaptation, technology transfer,
energy, transport, industry, agriculture, forestry and waste
management, as well as activities to assist developing countries
diversify their economies. The text also proposes that an LDC fund
be established, including for the purpose of funding NAPAs.
Funding under the Kyoto Protocol:
The COP agrees that appropriate modalities for burden sharing need
to be developed. It confirms the establishment of the adaptation
fund to finance concrete adaptation projects in Parties to the
Protocol. The adaptation fund is to be financed from the share of
proceeds on the CDM project activities and other sources of funding.
Annex I Parties are invited to provide this additional funding. The
fund is to be operated by an entity operating the financial
mechanism of the UNFCCC.
Development and Transfer of
Technologies: The COP agrees to
establish an Expert Group on Technology Transfer comprised of 20
experts: three from each region of non-Annex I Parties; one from the
Small Island Developing States (SIDS); seven from Annex I Parties;
and three from relevant international organizations.
Implementation of UNFCCC Article
4.8 and 4.9 and Protocol Articles 2.3 and 3.14:
The COP agrees that the implementation of identified activities in
response to adverse effects of climate change be supported through
the GEF, the proposed special climate change fund, and other
bilateral and multilateral sources. The COP also agrees to consider
at its eighth session the implementation of insurance-related
actions to meet the specific needs and concerns of developing
country Parties arising from the adverse effects of climate change,
based on the outcome of workshops on insurance. On impact of
response measures, it agrees to support the implementation of
identified activities through the GEF, the special climate change
fund and other bilateral and multilateral sources.
Matters relating to Protocol
Article 3.14: The COP recognizes that
minimizing the impact of the implementation of Protocol Article 3.1
(quantitative emissions commitments) is a development concern
affecting both developed and developing countries. It recommends
that the COP/MOP request Annex I Parties to provide information, as
part of the necessary supplementary information to their annual
inventory report, on how they are striving to implement commitments
under Article 3.1 in such a way as to minimize adverse social,
environmental and economic impacts on developing country Parties.
Priority should be given to the implementation of the following
actions:
-
progressive reduction or
phasing out of market imperfections, fiscal incentives, tax and
duty exemptions and subsidies in all greenhouse gas emitting
sectors, taking into account the need for energy price reforms
to reflect market prices and externalities;
-
cooperation in the
technological development of non-energy uses of fossil fuels,
and support to developing country Parties to this end; and
-
assistance to developing
country Parties highly dependent on the export and consumption
of fossil fuels in diversifying their economies.
Post-Bonn Agreement Negotiations: Based
on the political guidance provided by the Bonn Agreement, the
negotiating group on finance resumed its work on the draft decisions
forwarded from The Hague to address outstanding text for draft
decisions on adverse effects, technology transfer and funding. The
group approved draft decisions on: UNFCCC Article 4.8 and 4.9;
Protocol Article 3.14; funding under UNFCCC; funding under the
Protocol; technology transfer; and guidance to the GEF.
On Friday, 27 July, delegates met
in Plenary and approved all eight draft decisions that had been
agreed in the negotiating group and sub-groups. Co-Chairs Ashe and
Kranjc reported on the success of the group, and requested the draft
decisions to be considered by the COP.
Draft Decisions forwarded to
COP-7: The eight draft decisions completed
on financial issues were the only ones of the four main negotiating
groups on which consensus had been achieved. The draft decisions
build on the Bonn Agreement and the following summaries of these
decisions focus on the elements elaborating on this agreement.
Capacity Building:
The draft decision on capacity building in developing countries
(FCCC/CP/2001/L.2) requests the GEF to report on its progress in
support of the implementation of the capacity-building framework,
and urges an operating entity of the financial mechanism to adopt a
streamlined and expedited approach in financing activities of the
framework. It requests the COP to draw on information from national
communications and reports from the GEF and other agencies for the
review of progress in the implementation of the framework. The
second draft decision, on capacity building in EITs
(FCCC/CP/2001/L.3), sets out in an annex a capacity-building
framework. It recommends that COP/MOP-1 adopt a decision endorsing a
framework for capacity building under the UNFCCC that parallels the
framework contained in the annex. Both draft decisions give
immediate effect to the frameworks.
Guidance to the GEF:
This draft decision (FCCC/CP/2001/L.4/ Rev.1) states that the GEF
should provide financial resources to developing country Parties, in
particular to the LDCs and SIDS, including for implementing Stage II
adaptation activities and establishing pilot or demonstration
projects to show how adaptation planning and assessment can be
translated into projects. The draft decision further urges the GEF
to adopt a streamlined approach in financing activities within the
framework for capacity building in developing countries.
Development and Transfer of
Technologies: The draft decision
(FCCC/CP/2001/L.10) establishes an expert group on technology
transfer and requests the GEF to provide financial support through
the special climate change fund for the implementation of the
framework annexed to the draft decision.
Adverse Effects:
Parties agreed to separate decisions on UNFCCC Article 4.8 and 4.9,
and Protocol Article 3.14 (adverse effects). The draft decision on
implementation of UNFCCC Article 4.8 and 4.9 (FCCC/CP/2001/L.12)
states that the GEF should support activities on information and
methodologies, and on vulnerability and adaptation. It also decides
that the special climate change fund and/or the adaptation fund and
other bilateral and multilateral sources should fund activities on
adaptation, improving and monitoring of diseases and vectors, and
capacity building. It further decides to establish a work programme
on LDCs to: strengthen existing and establish national climate
change secretariats; provide training in negotiating skills and
language; and support the preparation of NAPAs. In addition, the
decision provides for the establishment of an LDC fund. It also
decides that the GEF, the special climate change fund and other
bilateral and multilateral sources should fund activities to assist
LDCs.
The draft decision on Protocol
Article 3.14 (FCCC/CP/2001/L.13) decides to develop guidelines to
help determine if Annex I Parties are striving to minimize adverse
effects, and agrees that Annex II Parties should give priority to
assisting developing countries highly dependent on the export and
consumption of fossil fuels in diversifying their economies.
Funding:
The draft decision on funding under the UNFCCC (FCCC/CP/2001/L.14)
states that: there is a need for funding that is new and additional
to GEF and multilateral and bilateral funding; predictable funding
should be available to non-Annex I Parties; and a special climate
change fund should be established. The draft decision on funding
under the Protocol (FCCC/CP/2001/L.15) establishes an adaptation
fund.
MECHANISMS: Delegates
met from 16-18 July in a closed negotiating group chaired by Raúl
Estrada-Oyuela (Argentina) and Kok Kee Chow (Malaysia). The group
considered The Hague and Pronk texts, and identified the key
political and technical issues to be resolved. The six key
"technical issues" were: environmental impact assessments;
public participation; baselines; small-scale projects in the CDM;
certified emissions reduction (CER) transactions; and mechanisms’
eligibility and the verification procedures that may be used in
track two of JI projects.
The key political issues included:
equity; supplementarity; nuclear facilities in the CDM and JI;
establishment and composition of a supervisory committee for
verification of CERs; composition of the CDM Executive Board; level
of the commitment period reserve; application of share of proceeds
to all three mechanisms; the requirement that Annex I Parties’ use
of CERs be conditional on it being party to the compliance
agreement; unilateral CDM; and sinks in the CDM. On sinks in the
CDM, Co-Chair Estrada ruled against a request from a number of
Umbrella Group countries that an option be included providing for
all sinks project types within the CDM. Delegates also considered
the following political issues identified by the G-77/China: the
lack of parity between Annex I Parties under Protocol Article 4
(joint fulfillment) and other Parties; the need for special
consideration for LDCs; financial additionality; and the equitable
distribution of CDM projects on a geographical basis.
Various options were presented for
each of the political issues in a Co-Chairs’ Note
(FCCC/CP/20001/CRP.8) for consideration during the high-level
segment. On Friday these discussions took place within the President’s
Group, chaired by President Pronk, while on Saturday the discussions
on mechanisms were in a sub-group facilitated by Minister Peter
Hodgson (New Zealand). On the basis of the high-level negotiations,
President Pronk produced a "core elements" proposal late
on Saturday night. The text relating to mechanisms in this proposal
was accepted on Monday, 23 July, and forms part of the Bonn
Agreement.
Bonn Agreement: The
political agreement on mechanisms addresses: principles, nature and
scope; JI; CDM; and emissions trading.
Principles, Nature and Scope:
The text on principles, nature and scope provides for, inter
alia, issues relating to equity, supplementarity, share of
proceeds and eligibility. On equity, the COP agrees that Annex I
Parties shall implement domestic action in accordance with national
circumstances and with a view to reducing emissions in a manner
conducive to narrowing per capita differences in emissions between
developed and developing country Parties. The COP agrees that the
share of proceeds, to assist particularly vulnerable developing
countries to meet adaptation costs, shall be two percent of the CERs
for a CDM project activity.
On supplementarity, the COP agrees
that:
-
the use of mechanisms shall be
supplemental to domestic action and that domestic action shall
constitute a "significant element" of the effort made
by each Annex I Party to fulfill Protocol Article 3.1
(quantitative emissions commitments);
-
Annex I Parties shall be
requested to provide relevant information in relation to their
supplemental activities, in accordance with Protocol Article 7
(communication of information), for review under Protocol
Article 8 (review of information);
-
the provision of such
information shall take into account reporting on
"demonstrable progress"; and
-
the Compliance Committee’s
facilitative branch shall address questions of implementation.
On eligibility, the COP agrees
that a recommendation be made to the COP/MOP that the eligibility of
an Annex I Party to participate in the mechanisms shall be dependent
on its compliance with methodological and reporting requirements
under Protocol Articles 5 and 7, with oversight being provided by
the Compliance Committee’s enforcement branch. Furthermore,
"only Parties that have accepted the agreement on compliance
supplementing the Kyoto Protocol shall be entitled to transfer or
acquire credits generated by the use of the mechanisms."
JI and the CDM:
The COP agrees that it is the host Party’s prerogative to confirm
whether JI/CDM project activities assist in achieving sustainable
development, and that Annex I Parties "refrain" from using
Emission Reduction Units (ERUs)/CERs generated from nuclear
facilities to meet Article 3.1 commitments. On JI, the COP agrees to
recommend to the COP/MOP the establishment of a supervisory
committee to supervise, inter alia, the verification of ERUs.
On the CDM, the COP agrees to
emphasize that public funding for CDM projects from Annex I Parties
is not to result in the diversion of ODA, and is to be separate from
and not counted towards the financial obligations of Annex I
Parties. It also agrees to facilitate a prompt start for the CDM and
to invite nominations for membership of the executive board prior to
COP-7 with a view to electing members at that session.
On the CDM executive board, the
text states that the board shall comprise ten members with one from
each UN regional group, two others from Annex I Parties, two others
from non-Annex I Parties, and one representative of SIDS. The board
shall develop and recommend to COP-8 simplified modalities and
procedures for small-scale CDM project activities on: renewable
energy projects with a maximum output capacity equivalent of up to
15 megawatts; energy efficiency improvement projects that reduce
energy consumption on the supply and/or demand side by up to the
equivalent of 18 gigawatthours per year; or other projects that both
reduce anthropogenic emissions by sources and directly emit less
that 15 kilotonnes of CO2 equivalent.
On sinks in the CDM, the COP
agrees that afforestation and reforestation shall be the only
eligible LULUCF projects under the CDM during the first commitment
period, with implementation of these projects guided by the LULUCF
principles defined elsewhere in the annex and by the definitions and
modalities developed by SBSTA for decision at COP-8 including on
non-permanence, additionality, leakage, scale uncertainties, and
socio-economic and environmental impacts. LULUCF activities under
the CDM in future commitment periods are to be decided in
negotiations on the second commitment period.
Emissions Trading: On
emissions trading, the COP agrees to recommend to the COP/MOP that
each Annex I Party shall maintain in its national registry a
commitment period reserve that should not drop below 90% of the
Party’s assigned amount, calculated in terms of Protocol Article
3.7 (individual assigned amounts) and 3.8 (base-year) or 100% of
five times its most recently reviewed inventory, whichever is
lowest.
Post-Bonn Agreement Negotiations: Following
approval of the political agreement on mechanisms, the negotiating
group on mechanisms reconvened on Wednesday and Thursday, 25-26
July, to address the remaining technical issues. On Wednesday
evening the group received feedback from the two technical
sub-groups, and undertook a brief review of a Co-Chairs’ proposed
non-paper - a consolidation of the political agreement, the Hague
text, the Pronk text, and text agreed in the technical working
groups. On Thursday, the mechanisms group continued consideration of
the Co-Chairs’ non-paper. Co-Chair Estrada noted that the draft
decisions on mechanisms had been reformulated to reflect the
political decision. The EU said an error had been made in the
decision on eligibility, which now included reference to the
"legal" agreement on compliance. Australia, Canada and
Japan urged consistency to reflect the political decision’s
section on compliance.
In the closing Plenary on Friday,
27 July, Co-Chair Estrada presented the Co-Chairs’ draft decisions
on mechanisms (FCCC/CP/ 2001/CRP.11). This text represents a work in
progress. To facilitate the future work of parties, a key has been
used to distinguish between: text that was agreed in the high-level
segment; text agreed in the technical groups; text partially agreed
in the technical groups; and text that was either not agreed or
which has not yet been considered. The Plenary took note of these
draft decisions and appendices, which will be further considered,
elaborated and adopted at COP-7.
Draft Decisions forwarded to
COP-7: The draft decisions to be
considered further at COP-7 include:
-
a draft decision on
principles, nature and scope of the mechanisms pursuant to
Articles 6, 12 and 17;
-
a draft decision on guidelines
for the implementation of Article 6, including an annex setting
out the guidelines;
-
a draft decision on modalities
and procedures for a clean development mechanism, as defined in
Article 12, including an annex setting out these modalities and
procedures, and several appendices; and
-
a draft decision on
modalities, rules and guidelines for emissions trading,
including an annex.
LAND USE, LAND-USE CHANGE AND
FORESTRY (LULUCF): LULUCF was considered
in a closed negotiating group co-chaired by Harald Dovland (Norway)
and Philip Gwage (Uganda) from 16-18 July. The group sought to
reduce differences on key outstanding issues, including whether
Article 3.4 (additional activities) should be allowed during the
first commitment period, and options for limiting the activities;
principles governing LULUCF activities; and Article 3.3
(afforestation, reforestation and deforestation) and 3.4 definitions
and accounting rules. On Article 3.4 activities, some countries
opposed their inclusion, stressing that it represents a
renegotiation of the Kyoto targets and undermines the integrity of
the Protocol. Other Parties emphasized that LULUCF is fundamental to
ratification. Canada, Australia and Japan, joined by the Russian
Federation, presented a proposal on Article 3.4 forest management,
which relied on negotiated maximum levels of forest management
credits for individual countries. This proposal – as well as
proposals by New Zealand and the EU – set the stage for the
high-level negotiations. The discussions were based on the Pronk
text as well as text carried over from The Hague. Based on these and
previous discussions, a Note was prepared by the Co-Chairs of the
four negotiating groups (FCCC/CP/ 20001/CRP.8) outlining clear
options.
During the high-level segment of
COP-6 Part II, a closed negotiating group on LULUCF was facilitated
by Raúl Estrada (Argentina).
Bonn Agreement: The
section on LULUCF includes a paragraph affirming eight governing
principles for the treatment of LULUCF activities:
-
treatment on the basis of
sound science;
-
use of consistent
methodologies over time for estimation and reporting of
activities;
-
consistency with the aim of
Protocol Article 3.1 (quantified emissions commitments);
-
non-inclusion in accounting of
"mere presence" of carbon stocks;
-
contribution to biodiversity
conservation and sustainable use of natural resources;
-
accounting that does not imply
transfer of commitments to a future commitment period;
-
accounting at the appropriate
time for the reversal of a removal of carbon from the
atmosphere; and
-
exclusion of windfall effects
from accounting.
The decision on LULUCF proposes
that the Protocol Article 3.3 definitions of "forest,"
"afforestation," "reforestation" and
"deforestation" are based on changes in land use. Debits
during the first commitment period from harvesting following
afforestation and reforestation since 1990 are not to be greater
than credits on the same land. Each Party may choose to apply all or
a selection of additional activities – forest management, cropland
management, grazing land management and revegetation – under
Protocol Article 3.4 during the first commitment period. These
activities must be proven to be human-induced and to have occurred
since 1990.
The decision lays out the
following accounting rules for the first commitment period: net-net
accounting for agricultural activities; accounting for forest
management up to the level of a possible debit under Article 3.3;
and negotiated Party caps included in an Appendix Z for Article 3.4
activities and LULUCF resulting from joint implementation. The
decision further allows LULUCF under the CDM in the form of
afforestation and reforestation only and limits such credits during
the first commitment period.
Post-Bonn Agreement Negotiations: The
negotiating group met to develop draft decisions on LULUCF
reflecting the political decision as well as the package of
documents previously discussed in the group. A smaller drafting
group co-facilitated by Andreas Fischlin (Switzerland) and Halldor
Thorgeirsson (Iceland) was convened. Discussions centered around
sections where the political decision was considered ambiguous and
where further consultation was required, including the question of
whether eligibility of LULUCF activities under Article 12 (CDM) is
decided only for the first commitment period, or whether the current
decision also applies to future commitment periods. Other issues
included the Russian Federation proposal for an amendment to its cap
on forest management credits contained in Appendix Z, and additional
concerns regarding Party caps. The drafting group agreed on the
Co-Chairs’ draft decisions on Thursday, 26 July, with the
exception of these issues. They were further discussed during
Friday, 27 July, with agreement emerging on a paragraph specifying
that LULUCF activities under the CDM in future commitment periods
shall be decided as part of the negotiations on the second
commitment period. A new paragraph was drafted allowing Parties to
request that the COP reconsider its numerical value in Appendix Z no
later than two years prior to the beginning of the first commitment
period.
On Friday, 27 July, delegates met
in Plenary and decided that the draft LULUCF decisions would be
forwarded for further consideration by, and adoption at, COP-7.
Draft decisions forwarded to
COP-7: The draft decisions on LULUCF
(FCCC/CP/2001/L.11/Rev.1) incorporate the Bonn Agreement and
comprise a decision, which, inter alia:
-
requests SBSTA to investigate
possible biome-specific forest definitions and to develop
definitions and modalities for including LULUCF activities under
the CDM; and
-
invites the IPCC to elaborate
methods to estimate, measure, monitor and report changes in
carbon stocks as relevant to Articles 3.3 and 3.4 and LULUCF
under Articles 6 and 12, and to prepare a report on good
practice guidance and uncertainty management.
The draft decisions on LULUCF also
include a COP/MOP-1 decision. It contains principles on LULUCF in a
preamble, and adopts the definitions, modalities, rules and
guidelines related to LULUCF under the Protocol, which are contained
in an annex, with a further appendix specifying the Annex I Party
maximum credits from Article 3.4 forest management and LULUCF
activities under JI during the first commitment period.
COMPLIANCE: Delegates
met on Tuesday and Wednesday, 17-18 July, in a closed negotiating
group co-chaired by Harald Dovland (Norway) and Tuiloma Neroni Slade
(Samoa). The group focused on five issues: the nature and legally
binding nature of consequences applied by the enforcement branch;
whether the Compliance Committee composition would be based on the
equitable geographical distribution of the five UN regional
groupings or tailored to the mandate of the branch and to the type
of commitments under consideration; whether there would be an
appeal; whether a COP/MOP panel would consider the reports of
experts review teams; and how the principle of common but
differentiated responsibilities and respective capabilities would
affect the design and functioning of the Compliance Committee.
On Thursday, 19 July, Co-Chair
Slade reported to Plenary that a list of questions with clear
options for consideration by the Ministers had been elaborated
(FCCC/CP/20001/CRP.8). He explained that the group had identified
six outstanding issues and suggested that the resolution of key
political issues – the consequences to be applied by the branches
and the composition of those branches – be given priority.
High-level discussions facilitated
by Minister Valli Moosa (South Africa) took place on Saturday, 21
July. Progress was later reported to the President’s Group on,
inter alia, the legally-binding nature of the compliance
regime and an emphasis on facilitation. Late evening Saturday,
President Pronk presented a proposal for a draft decision outlining
political agreements on "core elements" of the BAPA.
The proposal covered eight aspects
of the compliance system. Four elements of the proposal generated
the most controversy.
-
The aim of the consequences
of non-compliance to be applied by the enforcement branch is
to restore non-compliance and repair the damage to the
environment.
-
The enforcement consequences
include that payments will be made to repair the damage to the
environment.
-
The facilitative and
enforcement branches shall be composed of: one member from
each of the five UN regional groups and one member of the
SIDS, taking into account the practice of the Bureau of the
UNFCCC; two members from Annex I Parties; and two members from
non-Annex I Parties.
-
The COP should adopt at its
sixth session a legal instrument on procedures and mechanisms
relating to compliance as an integral part of the Protocol.
Following high-level informal
consultations on Saturday through Monday 21-23 July, during which
compliance proved particularly contentious and difficult to resolve,
ministers and other-high level officials agreed to a text on 23
July. The text provides, inter alia, that the enforcement
consequences shall aim at ensuring "environmental
integrity," rather than reparation of the damage to the
environment, and deferring the issue of the mode of adoption of the
compliance regime, and thus of the legally binding nature of its
consequences, to a later stage.
Bonn Agreement: The
Bonn Agreement covers eight aspects of the compliance system. On the
mandate of the facilitative branch, the COP agrees that advice and
facilitation shall be provided with the aim of promoting compliance
and providing for early warning of non-compliance. Such facilitation
will cover: quantitative emission commitments prior to, and during,
the commitment period; and methodological and reporting requirements
prior to the beginning of the first commitment period.
On the consequences of
non-compliance to be applied by the enforcement branch, the COP
agrees that these aim at restoring non-compliance to ensure
environmental integrity, and shall provide for an incentive to
comply. Accordingly, enforcement consequences include: deduction of
1.3 times the excess emissions from the Party’s first commitment
period assigned amount, to be applied to the assigned amount of the
second commitment period; development of a compliance action plan;
and suspension of eligibility to make transfers under Article 17
(emissions trading).
On the mandate of the enforcement
branch, the COP agrees that this branch shall assess Annex I Parties’
compliance with: quantitative emissions commitments; methodological
and reporting requirements under Article 5.1 (national systems), 5.2
(adjustments), 7.1 (inventories) and 7.2 (guidelines for the
communication of information); and eligibility requirements under
Articles 6 (JI), 12 (CDM) and 17 (emissions trading).
On appeal, the COP agrees that
there will be a possibility of appeal to the COP/MOP in case of
denial of due process. In such cases, the decision of the
enforcement branch will only be overridden by a COP/ MOP
three-fourth majority decision.
On principles, the COP agrees that
the principle of common but differentiated responsibilities and
respective capabilities shall be reflected in the design of the
compliance system as well as in the mandate of the facilitative
branch. On the composition of the facilitative and enforcement
branches, the COP agrees that both bodies shall be composed of: one
member from each of the five UN regional groups and one member of
the SIDS, taking into account the practice of the Bureau of the
UNFCCC; two members from Annex I Parties; and two members from
non-Annex I Parties.
On decision-making, the COP agrees
that, failing consensus, decisions shall be taken by a three-fourth
majority, except in the case of the enforcement branch where a
double majority of Annex I and non-Annex I Parties will also be
required. Finally, on the adoption of the compliance system, the COP
agrees to adopt, at its sixth session, the procedures and mechanisms
relating to compliance "as specified above" and to
recommend the adoption, by COP/MOP-1, of such procedures and
mechanisms "in terms of Article 18 of the Kyoto Protocol."
Post-Bonn Agreement Negotiations: On
Wednesday, 25 July, Co-Chair Slade said the Co-Chairs had prepared a
non-paper comprising a draft COP decision and an annex that they
hoped would assist delegates in their further work. Developing
countries and many developed countries welcomed it as providing a
good basis for the group’s further work. On Thursday, delegates
proceeded through the Co-Chairs’ non-paper on procedures and
mechanisms on compliance under the Protocol. Delegates diverged over
the legal and political interpretation of the Bonn Agreement with
regard to the remaining work to be done on compliance during COP-6
Part II, and to the legally binding nature of the compliance regime.
Developing countries and many Annex I Parties supported the
intervention of President Pronk on the way forward.
On Friday, 27 July, Co-Chair Slade
reported that the discussions had evidenced different views on some
key issues in the Bonn Agreement. The COP took note of the draft
decision on compliance based on the Co-Chairs’ non-paper
(FCCC/CP/2001/CRP12/Rev.1), and decided to forward it to COP-7 for
completion and adoption.
Draft Decision forwarded to COP-7:
The draft decision contains a draft COP
decision, including a draft COP/MOP-1 decision, and an annex.
The draft COP decision:
-
decides to adopt the
procedures and mechanisms on compliance under the Protocol
annexed thereto;
-
recommends that COP/MOP-1
adopt such procedures and mechanisms in terms of Protocol
Article 18; and
-
recommends that COP/MOP-1
adopt the following draft decision: COP/MOP-1 confirms the COP
decision and brings the procedures and mechanisms on compliance
under the Protocol into operation.
The annex constitutes the
procedures and mechanisms on compliance under the Protocol and
includes the elements of the Bonn Agreement on compliance outlined
above. Other key elements of the text include:
-
the Compliance Committee shall
take into account any degree of flexibility provided by the
COP/MOP to the Annex I Parties undergoing the process to a
market economy;
-
members of the Committee will
act in their individual capacities;
-
the Compliance Committee shall
apply the guidance received from the COP/MOP and the COP/MOP
shall consider the report of the Compliance Committee;
-
the facilitative branch shall
promote Parties’ compliance with their commitments, taking
into account Parties’ common but differentiated
responsibilities and respective capabilities;
-
submissions to both branches
may be made by any Party with respect to itself or any Party
with respect to another Party;
-
the facilitation of financial
and technical assistance by the facilitative branch shall take
into account UNFCCC Article 4.3 (financial resources), 4.4
(costs of adaptation) and 4.5 (technology transfer); and
-
in case of non-compliance with
Articles 5.1, 5.2, 7.1 or 7.4, the consequences to be applied by
the enforcement branch are: declaration of non-compliance; and
development of a plan analyzing the causes of non-compliance,
measures to remedy non-compliance and a timetable for the
implementation of such measures.
PROTOCOL ARTICLES 5, 7 AND 8: Due
to time constraints, issues relating to national systems,
adjustments and guidelines under Protocol Articles 5 (methodological
issues), 7 (communication of information) and 8 (review of
information) were formally only addressed in the context of the COP’s
organizational matters. In the Plenary on Monday, 16 July, President
Pronk indicated that a negotiating group on these articles might be
established later in the session. In the Plenary on Friday, 20 July,
a negotiating group, chaired by Harald Dovland, was established. In
Plenary on Tuesday, 24 July, the G-77/China said that the work on
Articles 5, 7 and 8 should start only after the adoption of the
decisions on the implementation of the BAPA, while Australia and
Canada urged that work on these articles proceed. On Wednesday, 25
July, President Pronk proposed that delegates focus on their
remaining work in the previously established negotiating groups on
finance, LULUCF, mechanisms, and compliance. Australia, Canada and
New Zealand underlined the importance of Articles 5, 7, and 8, and
urged that this be addressed as soon as possible.
Draft Decisions forwarded to
COP-7: During the final Plenary, the
COP took note of the draft decisions on national systems,
adjustments and guidelines under Articles 5, 7 and 8 (CP/2000/5/
Add.3 (Vol. III)) and forwarded them to COP-7 for completion and
adoption.
ACTIVITIES IMPLEMENTED JOINTLY
(AIJ): This issue was supposed to be taken
up by the SBSTA and the COP. However, due to time constraints, it
was not discussed in-depth by the SBSTA. Parties decided, at the
final COP plenary, to refer the decision as elaborated during COP-6
Part I (FCCC/CP/2001/2/Add.5) to COP-7 for adoption in its current
form.
Draft Decision forwarded to COP-7:
The draft decision takes note of the
fourth synthesis report on AIJ and of the draft revised uniform
reporting format. Under the decision, Parties decide to continue the
pilot phase for AIJ and request the Secretariat to organize a
workshop on the revised uniform reporting format before SBSTA-15.
POLICIES AND MEASURES: This
matter was taken up by the SBSTA on Tuesday, 24 July. SBSTA Chair
Dovland noted Party views submitted on the Terms of Reference (TOR)
for a proposed workshop on "best practices" in policies
and measures (P&Ms) among Annex I Parties, to be concluded at
the current SBSTA session. Saudi Arabia, opposed by the G-77/China,
CG-11, the EU, AOSIS and others, requested that the issue be
deferred, as a decision regarding the workshop had not been
officially adopted at COP-6 Part I. Chair Dovland said he would
consult with President Pronk and said informal consultations on the
TOR would be facilitated by José Romero (Switzerland) and Richard
Muyungi (Tanzania).
During the final SBSTA plenary on
Friday, 27 July, Parties agreed on a draft decision
(FCCC/SBSTA/2001/L.4), with minor changes. José Romero gave
feedback on an informal meeting on P&Ms, in which the TOR were
agreed for a workshop to be held in October 2001, sponsored by
Denmark and Norway. Supporting the draft conclusion, Uruguay
requested reference to "domestic" voluntary agreements.
Saudi Arabia, Qatar, Kuwait, and Jordan – opposed by numerous non
Annex I Parties, as well as Poland, the EU and Japan – objected to
the adoption of the conclusions, arguing that these could not be
adopted until after the formal adoption of the decision on polices
and measures. Saudi Arabia suggested that this decision be deferred.
Denmark and Norway noted that funding of the workshop was
conditional on it being held before COP-7. Overriding the objections
of Saudi Arabia, Chair Dovland ruled that SBSTA was entitled to
decide on holding this workshop. Following a request from Saudi
Arabia, a small group was convened to address concerns on the text.
The small group reached agreement on a decision (FCCC/SBSTA/
2001/L.4). In accordance with the decision, SBSTA, inter alia:
takes note of submissions by Parties on the TOR of the proposed
workshop; accepts the offer by Denmark and Norway to host the
workshop in October 2001; and decides to consider the report of the
workshop at its fifteenth session.
Draft Decision forwarded to COP-7:
During its final Plenary, the COP further agreed on a draft decision
(FCCC/CP/2001/2/Add.5) to be forwarded to COP-7 for adoption in its
current format. The draft decision decides that future work on
P&Ms should contribute to the improvement of transparency,
effectiveness and comparability of P&Ms, by: enhancing
transparency in reporting on P&Ms in the national communications
of Annex I Parties through, as appropriate, criteria and
quantitative parameters; facilitating information sharing on ways to
minimize adverse effects of P&Ms; and assisting Parties in
identifying further options for cooperation between Annex I Parties
to enhance the individual and combined effectiveness of their
P&Ms. The COP also decides that future work should contribute to
the elaboration of elements for reporting information on
demonstrable progress.
IMPACT OF SINGLE PROJECTS ON
EMISSIONS IN THE COMMITMENT PERIOD: Due to
time constraints, this issue was not discussed in-depth during
SBSTA. Parties decided at the final COP plenary to refer the
decision (FCCC/CP/2001/2/Add.5), as elaborated during COP-6 Part I,
for adoption in its current format at COP-7.
Draft Decision forwarded to COP-7:
The draft decision defines a single
project and sets the guidelines for reporting CO2
emissions from a single project that has come into operation since
1990.
ADMINISTRATIVE AND FINANCIAL
MATTERS
Delegates took up the matter of
the institutional linkage of the UNFCCC Secretariat to the United
Nations in the SBI on 24 and 27 July, and agreed to recommend to the
COP a draft decision on this matter based on a Note by the Executive
Secretary.
Final Decision:
The decision (FCCC/CP/2001/L.8) was adopted by the COP on Friday, 27
July. The decision notes that the linkage continues to provide a
sound basis for the functioning of the Secretariat, and that UNFCCC
conference servicing is being met from the UN regular budget. It
approves the continuation of the current institutional linkage for
an additional five-year period, to be reviewed by the General
Assembly and the COP before 31 December 2006, invites the
Secretary-General to seek the same endorsement from the General
Assembly at its upcoming 56th session, and invites it to decide also
on the issue of conference servicing expenses.
OTHER MATTERS
During the COP Plenary held
Friday, 27 July, the COP considered draft conclusions proposed by
Canada (FCCC/CP/2001/CRP.13) relating to its offer to hold an
informal meeting on optimizing the uptake of cleaner or less
greenhouse gas emitting energy, and inviting the Secretariat to
convene a workshop on this issue prior to COP-8, and SBSTA-16 to
develop recommendations for COP-8 to consider.
Several countries, including Saudi
Arabia, Qatar and Algeria, expressed concern at the lack of time to
consider the proposal, and suggested considering the Canadian
proposal at COP-7. However, many Parties, including Japan,
Argentina, Senegal, Palau and Malaysia, supported the text.
Delegates agreed to a compromise whereby reference to a workshop
organized by the Secretariat, and recommendations by SBSTA-16 to
COP-8, were deleted.
Final Conclusion: The
text, as adopted, recognizes that cleaner or less greenhouse gas
emitting energy, particularly renewables, hydro, geothermal and
natural gas, can promote environmental benefits to meet the objects
of the UNFCCC and Kyoto Protocol, and optimize the uptake of cleaner
or less greenhouse gas emitting energy. It also takes note of Canada’s
offer to convene an informal workshop on this matter, and report on
the outcome to SBSTA-15.
REPORTS OF THE SUBSIDIARY BODIES
The subsidiary bodies to the
UNFCCC met for their fourteenth sessions from 24-27 July. On
Tuesday, 24 July, the Subsidiary Body for Implementation (SBI) and
the Subsidiary Body for Scientific and Technological Advice (SBSTA)
met separately to begin their work by addressing most of their
agenda items. These meetings were followed by a number of informal
consultations held from 24-26 July, which resulted in draft
conclusions adopted by the two subsidiary bodies in meetings held on
Friday, 27 July. Issues addressed by these texts include, for the
SBI, administrative and financial matters, and, for SBSTA,
scientific and methodological aspects of the proposal by Brazil,
policies and measures among Annex I Parties, and cooperation with
relevant organizations. The subsidiary bodies both adopted their
reports on the session on 27 July (FCCC/SBI/2001/L.1 and FCCC/
SBSTA/2001/L.1). The following section outlines issues addressed by
these two bodies that the COP did not specifically address or take a
separate decision on.
SUBSIDIARY BODY FOR
IMPLEMENTATION: On Tuesday, 24 July, the
SBI, chaired by John Ashe (Antigua and Barbuda), adopted its agenda.
Reports on Inter-sessional
Activities: Delegates considered reports
on inter-sessional activities on 24 and 27 July (FCCC/SBI/
2001/L.1). In particular, they considered further work concerning
LDCs, work on the Consultative Group of Experts (CGE) on non-Annex I
communications, and ongoing activities on reporting and review of
greenhouse gas inventories in Annex I Parties.
On further work concerning the
LDCs, the SBI heard a report from Uganda, speaking on behalf of the
coordinator for LDCs, on the technical input given to the Third UN
Conference on the LDCs, which was held in Brussels in May 2001. He
said that the Programme of Action that was adopted at this
conference includes specific mention of the urgent need to address
global environmental concerns on the basis of the principle of
common but differentiated responsibilities. It also highlights the
low adaptive capacity of LDCs to the adverse effects of climate
change. Delegates also considered the development of guidelines for
the preparation of national adaptation programmes of actions
(NAPAs). Tuvalu, for the LDCs, reported on a workshop on this issue,
underlining some progress on the establishment of the guidelines. He
said more work was needed and proposed a workshop in the Maldives,
before COP-7, to further develop NAPA guidelines. The SBI took note
of these reports. It also thanked the Maldives for an offer to host
the NAPA workshop.
Regarding the work of the
Consultative Group of Experts (CGE) on National Communications from
Parties not included in Annex I, the SBI heard a preliminary report
on 24 July from Group Chair Vute Wangwacharakul (Thailand). He noted
that, in an examination of 50 national communications, the Group had
identified a number of problems that may be addressed, inter
alia, through the provision of adequate financial and technical
assistance. The G-77/China said the recommendations of the CGE were
based only on a limited number of national communications, and that
a more comprehensive aggregate analysis was needed, while the US
said such recommendations should form the basis for the development
of new guidelines for national communications to be adopted at
COP-7. Following these statements, a Friends of the Chair group,
facilitated by Philip Weech (Bahamas), was convened to consider the
CGE’s preliminary report. The SBI subsequently adopted the draft
conclusions on this matter (FCCC/SBI/ 2001/CRP.2), which invites
Parties to submit their views on the CGE’s preliminary report, and
on the current progress on the process to improve guidelines for
subsequent non-Annex I national communications. The date set for
receipt of these views is 15 September 2001. The conclusions request
the Secretariat to compile these submissions and prepare a
consolidated report on the matter for SBI-15.
Regarding ongoing activities on
reporting and review of greenhouse gas inventories in Annex I
Parties, the US suggested, in the SBI on 24 July, a more
comprehensive testing of the guidelines by all Parties during the
trial period and that revised guidelines be adopted at COP-8. SBI
Chair Ashe said SBSTA-15 will have a substantive consideration of
this agenda item. The SBI took note of the oral report on the
ongoing and planned activities on this issue.
Administrative and Financial
Matters: SBI considered the financial
performance for 2000-2001 on 24 and 27 July. The Secretariat
highlighted that a revised indicative list of contributions was
presented for 2001 (FCCC/SBI/2001/INF.2), pursuant to the adoption
by the UN General Assembly in 2000 of a revised scale of
assessments. The G-77/China said the General Assembly resolution
does not automatically apply to the UNFCCC. The Secretariat also
presented the latest status of contributions
(FCCC/SBI/2001/INF.3/Rev.1) and noted the special annual
contribution of DM3.5 million made by the host government, Germany.
Several Parties expressed the concern that their contributions were
not reflected in the list. On 27 July, the SBI took note of the
revised scale of contributions and of the latest status of
contributions and expressed appreciation to those Parties making
their core contributions in a timely manner, and to those making
voluntary contributions.
The SBI took up the matter of the
programme budget for the biennium 2002-2003 on 24 July, when UNFCCC
Executive Secretary Cutajar outlined details of the proposed
programme budget. He noted that the formal adoption of the budget is
scheduled for COP-7. He said income would include indicative
contributions of US$27.5 million, in addition to the host government’s
contribution and carry-over from previous periods. Delegates
subsequently met in a small closed group, chaired by John Ashe, to
continue discussions in greater detail. In the SBI meeting on 27
July, the G-77/China stressed the principle of equitable geographic
representation among the staff. Japan noted that discussion on the
programme budget is not closed and will continue at SBI-15. The SBI
took note of the budget report.
On implementation of the
Headquarters Agreement, UNFCCC Executive Secretary Cutajar informed
the SBI on 24 July of the need to move an increasing number of staff
to temporary accommodations, as the Secretariat continues to grow.
An initial offer by the German Government for part of the former
Bundeshaus complex was deemed insufficient to meet ongoing needs.
However, he hoped the situation would be resolved shortly. Some
progress on visas and other issues was also noted. Germany
highlighted its commitment to guarantee adequate accommodation and
the best possible working conditions for UN personnel. He said talks
are ongoing to accommodate all UN organizations in Bonn in a single
location. Argentina expressed concern at these visa and
accommodation difficulties. He suggested a small committee might be
established to consider these issues, without being involved in
micro-management. Germany said most difficulties have been addressed
during the past year and a half, and they will take all steps
necessary to deal with problems as they arise. Canada noted
Argentina’s "interesting" proposal but indicated some
reservations. In the SBI meeting held on 27 July delegates thanked
the host government for its efforts concerning the provision of
acceptable office accommodations, and invited it to continue
negotiations with the Secretariat to resolve this issue as soon as
possible. The SBI also requested a progress report on this and other
relevant matters at SBI-15.
On the juridical personality of
the Secretariat on the international plane, the Secretariat noted
that its UN institutional linkage had enabled it to function without
an international juridical personality, and that it did have a
juridical personality in Germany. The SBI decided that it would
revisit the matter at a future date if it was deemed necessary that
the Secretariat be vested with a juridical personality on the
international plane.
Other Matters:
The SBI took note of a proposed workshop on adaptation planned for
the last quarter of 2001, to be convened by AOSIS.
Adoption of the Report: The
SBI adopted the report on its fourteenth session on Friday morning,
27 July (FCCC/SBI/2001/L.1). Chair Ashe thanked participants for
their support, and closed the meeting shortly before 12:00 pm.
SUBSIDIARY BODY FOR SCIENTIFIC AND
TECHNOLOGICAL ADVICE: The fourteenth
session of the SBSTA began its work on Tuesday, 24 July, chaired by
Harald Dovland (Norway). At its first meeting, the SBSTA adopted its
agenda.
Reports on Inter-sessional
Activities: Delegates considered this
issue on 24 and 27 July, and took note of, or adopted conclusions
on: emissions resulting from fuel use in international
transportation; methods and tools to evaluate impacts and
adaptation; issues related to emissions from forest harvesting and
wood products; progress related to a technology information system;
and UNFCCC Article 6 (education, training and public awareness)
(FCCC/SBSTA/2001/L.1).
On emissions resulting from fuel
used in international transportation, the Secretariat highlighted
inter-sessional work, as contained in a joint report with the
International Civil Aviation Organization (ICAO) and the
International Maritime Organization. The EU expressed concern about
rising emissions from air transportation and noted that ICAO is
scheduled to meet in September with a view to reaching decisions on
this question.
On 24 July, the Secretariat
reported on a workshop on methods and tools to assess climate change
impacts and adaptation, held recently in Canada. On 27 July, the
SBSTA took note of the workshop and invited Parties to consider the
issue further, and to submit views on issues identified in a report
on the workshop (FCCC/SBSTA/2001/INF.4) by 1 October 2001, for
compilation by the Secretariat.
On issues related to emissions
from forest harvesting and wood products, New Zealand reported, on
24 July, on a workshop for estimating and accounting for carbon
dioxide emissions from forest harvesting and wood products, and said
it is coordinating a further study. The SBSTA decided to consider
this matter further at its fifteenth session.
On progress related to a
technology information system, Chair Dovland informed the SBSTA, on
24 July, that the system is being regularly updated, and that
Parties interested in testing the system should contact the
Secretariat. On 27 July, delegates decided to consider the matter
further at SBSTA-15.
On UNFCCC Article 6, the EU,
supported by many other Parties, outlined a proposal to the SBSTA on
24 July, to consider further work. Australia supported the
dissemination of the IPCC TAR results in a manner accessible to the
public. On 27 July, delegates adopted conclusions on this matter
(FCCC/SBSTA/2001/L.5), in which the SBSTA: thanked the Secretariat
for its report on this issue, and welcomed the preparation of a
further document for SBSTA-15; noted that Article 6 should be a
substantive item on SBSTA’s future agenda, and that a workshop
might be considered following SBSTA-15; and noted the importance of
disseminating the information contained in the IPCC’s reports in
more than the six UN languages, requesting the Secretariat to liaise
with the IPCC on this.
Scientific and Methodological
Aspects of the Proposal by Brazil: The
SBSTA took up this matter on 24 July. On Brazil’s proposal on
reductions toward an overall emission ceiling for Annex I Parties
allocated on the basis of each Party’s relative share of
responsibility for climate change, Chair Dovland said a workshop had
been held to identify scientific and methodological aspects of the
proposal. The EU noted progress in addressing the technical basis of
the proposal, but identified several outstanding issues. Several
developing countries warned that the work should not go beyond the
COP’s mandate. The US noted the workshop’s narrow focus, called
for consideration of other models and indicators, and supported
continued research. Chair Dovland said informal consultations on
draft conclusions would be undertaken by David Warrilow (UK) and
Luis Gylvan Meira Filho (Brazil).
On 27 July, Warrilow reported to
the SBSTA on the informal consultations, noting that the group had
been unable to reach consensus on the timing of future work. Brazil
proposed that a side event on this issue be held at COP-7. He noted
that a number of non-Annex I Parties thought it would be useful to
have a workshop before SBSTA-16, focusing specifically on the
scientific and methodological aspects. Delegates then considered the
draft conclusions prepared on this matter (FCCC/SBSTA/2001/L.2).
Saudi Arabia, supported by Venezuela and China, suggested that this
issue only be addressed before SBSTA-18. The EU and Argentina urged
that the meeting be held sooner. Following discussion in a small
informal group, SBSTA agreed that it will take up the matter for
discussion at SBSTA-16. Reference to SBSTA deciding on future action
at this sixteenth session was deleted. Another amendment was
accepted in terms of which SBSTA requests the Secretariat to review
this proposal and facilitate dissemination of scientific and
methodological information on this proposal.
The conclusions were accepted, as
amended. In the conclusions, the SBSTA: recalls that COP-3 decided
that Brazil’s proposal should be referred to the SBSTA; take notes
of a progress report on the issue; and encourages Parties to support
the research effort on scientific and methodological aspects of the
proposal.
Cooperation with Relevant
International Organizations: At the SBSTA
meeting on 24 July, Chair Dovland noted ongoing initiatives between
the UNFCCC and the Convention on Biological Diversity (CBD),
including: a CBD discussion note and responses submitted by the
UNFCCC Parties; a CBD Ad Hoc Technical Expert Group to carry
out a pilot assessment on advice to integrate biodiversity into
UNFCCC implementation; and a proposed joint liaison group between
the two Secretariats. Jan Plesnik, Chair of the CBD Subsidiary Body
on Scientific, Technical and Technological Advice, reported on
initiatives in the CBD to address interlinkages between biodiversity
and climate change. Bob Watson, IPCC Chair, reported on the
preparation of an IPCC Technical Paper on linkages between climate
and biodiversity.
The SBSTA then invited Ian
Carruthers (Australia) and Jimena Nieto Carrasco (Colombia) to
undertake informal consultations on this matter in order to help
formulate draft conclusions. On 27 July, the SBSTA adopted
conclusions on this matter (FCCC/SBSTA/2001/L.3).
On cooperation with other
conventions, the conclusions emphasize the need for cooperation with
other relevant conventions, including the CBD, and endorsed the
formation of a joint liaison group between the UNFCCC and CBD
Secretariats. It also invited the Secretariat of the UN Convention
to Combat Desertification to participate in this group, in order to
explore options for further cooperation, including the possibility
of a joint work plan and/or workshop. Parties are invited to submit
their further views on cooperation between the three conventions by
15 October 2001. A request by the CBD that IPCC develop a paper to
consider relevant interlinkages was endorsed.
Regarding cooperation with
scientific organizations, the SBSTA commended the IPCC on the high
quality of the Third Assessment Report. It also noted that support
is needed for workshop planned by the Global Climate Observing
System for the Caribbean and Central American and Asia regions in
2002.
Adoption of the Report: The
SBSTA adopted the report on its fourteenth session on Friday
afternoon, 27 July (FCCC/SBSTA/2001/ L.1).
CLOSING PLENARY
The closing Plenary took place on
Friday evening, 27 July 2001. COP-6 President Pronk addressed
delegates, stating that this meeting advanced the implementation of
the UNFCCC and brought the Protocol closer to reality, as agreed
under the BAPA. The COP then adopted a number of decisions relating
to the agenda items on organizational, administrative and financial,
and other matters, as well as on the implementation of the BAPA.
After hearing reports from the
Co-Chairs of the negotiating groups on progress in recent days,
President Pronk noted that delegates had now come close to adopting
a balanced "package" of decisions on all issues under the
BAPA. However, as a few outstanding items remained unfinished, the
draft decisions would all be forwarded to COP-7 for final adoption.
He pointed out that agreement had been reached on ten decisions,
including those on financial issues, meaning their adoption at COP-7
would be a formality. Outstanding issues include texts on guidelines
under Protocol Articles 5, 7 and 8, compliance, the mechanisms and
LULUCF. The COP took note of progress made and agreed to forward
texts to COP-7 for final elaboration and adoption.
President Pronk highlighted his
aims of encouraging intensive work on the texts, safeguarding the
integrity of the political decision – or "Bonn
Agreement" on fulfilling the BAPA – and ensuring a fair
process. He thanked delegates for their hard work, and said he has
received confirmation from all groups that completion of the work
will take place at COP-7 in way that is faithful to the Bonn
Agreement. He added that the Bonn Agreement will make the Protocol
ratifiable.
President Pronk praised the Bonn
Agreement and the other achievements at this session as an outcome
of dialogue, mutual understanding, and compromise, and evidence of
the value of multilateral negotiations. He reminded delegates of
their promise at the end of The Hague session not to wait another
year to succeed with their negotiations, and said he was proud of
the results achieved in Bonn. He expressed confidence that the
remaining work, which is non-political, will be concluded at COP-7.
The COP then adopted the report of
the session (FCCC/CP/2001/ L.1 and Add.1).
Following this, Parties then made
closing statements. Many thanked President Pronk for his significant
contribution to the outcome of the resumed COP-6, and also expressed
their gratitude to UNFCCC Executive Secretary Michael Zammit Cutajar
and his staff.
Iran, on behalf of the G-77/China,
said the Group had come to Bonn to finish unfinished work, and
thanked all participants for the positive atmosphere of cooperation
and understanding. On matters relating to compliance, he indicated
that the G-77/China welcomed the Co-Chairs’non-paper
(FCCC/CP/2001/CRP12/Rev.1) as a good basis for discussions, and said
the adoption of legally binding consequences remained a major
objective for the Group.
Bulgaria, for CG-11, urged Parties
to continue to demonstrate the flexibility and goodwill evident in
Bonn at COP-7. Samoa, for AOSIS, said the resumed COP-6 outcomes
have breathed new life into the Protocol, adding that delegates have
taken an historic step towards creating an environmentally
responsible, carbon restrained world. He indicated his appreciation
to those Annex I countries involved in the Political Declaration on
new and additional funding assistance. While noting that the
Protocol is "only a modest first step," he highlighted its
key role as offering "the only viable lifeline."
Belgium, for the EU, said the Bonn
Agreement lays a foundation for the successful conclusion of these
ongoing negotiations. He said he was hopeful that a balanced and
comprehensive package of decisions will be achieved at COP-7.
Australia welcomed the significant
progress since the "historic" Bonn Agreement on Monday, 23
July. He noted with satisfaction agreement on issues such as finance
and technology transfer, and looked forward to completing work on
all outstanding texts at COP-7.
Vanuatu, on behalf of the LDCs,
welcomed in particular text on UNFCCC Article 4.8 and 4.9. He
highlighted the need to involve youth and their spokespeople in the
process. Japan stressed the progress in talks over recent days,
while noting that much remains to be done to bridge differences on
compliance, the mechanisms and LULUCF. He said Parties should strive
to complete work on all outstanding issues at COP-7. New Zealand
said it came to Bonn to say "yes" to an agreement. He said
the Bonn Agreement has provided such an affirmation, and removed
remaining questions surrounding the ratifiability of the Protocol.
Morocco extended a welcome to Parties to continue at Marrakech the
achievements in Bonn. President Pronk declared the resumed COP-6
closed at 10:30 pm.
A BRIEF ANALYSIS OF COP-6 PART II
Confounding the predictions of
many, the gavel came down late Monday morning – midway through the
two week meeting – and delegates rose in a standing ovation to
complete a marathon weekend of negotiations and seal what many saw
as an "historic" political agreement that saved the Kyoto
Protocol. Few climate pundits had predicted a positive outcome in
Bonn, and it was thus not surprising that praise on reaching a
political agreement was effusive. Michael Meacher, UK Minister for
the Environment, described it as "a brilliant day for the
environment"; Peter Hodgson, New Zealand’s Energy Minister,
said "we have delivered probably the most comprehensive and
difficult agreement in history"; and an NGO campaigner said
that "this first small step is a giant leap for humanity and
for the future of our planet."
Four days later, when President
Pronk formally closed COP-6 Part II late on Friday evening, the
euphoria was far more muted. Not only were observers coming to
appreciate the nature of the sacrifices made to achieve this
agreement, but – more importantly – differences had appeared in
the interpretation of Monday’s groundbreaking agreement. At one
stage, shortly after most of the world’s press had retired home
comfortable in the belief that an agreement had been secured, it
appeared as if the entire package was in danger of unraveling, with
the Russian Federation and other Umbrella Group members flexing
their muscles and disputing the terms of the agreement. This
development, coupled with the failure to reach closure on certain
key issues – notably compliance – was a sobering reminder that
ratification of the Protocol is not yet assured, nor is its
environmental integrity guaranteed.
"THE ONLY GAME IN TOWN"
Notwithstanding these concerns,
the achievement of the last two weeks should not be underestimated.
Expectations of delivery at Bonn had been low. In the words of one
observer, "only professional optimists" were predicting
success, with some commentators forecasting the end of the Protocol
and "a descent into environmental anarchy." President
Pronk had set himself an ambitious agenda, and the initial prognosis
was not good. Since the collapse of talks in The Hague, the US had
pronounced the Protocol "fatally flawed" and withdrawn
from the process, leaving Pronk with no viable alternative but to
broker a deal that was sufficiently attractive to Japan and the
Russian Federation, while at the same time maintaining the
commitment of the EU and developing countries. Despite an active
round of shuttle diplomacy, and a number of preliminary high-level
meetings, there was no evidence prior to Bonn that the gulf of
disagreement had been bridged. Midway through the first week of the
Bonn talks, and shortly before the arrival of ministers, this gulf
was still apparent.
It is against this backdrop of
significant political divisions, and low expectations, that the
euphoria of Monday’s agreement should be seen. Despite the
significant compromises that were made, the agreement is
nevertheless hugely significant in that it has affirmed President
Pronk’s long stated assertion that the Protocol is the "only
game in town."
"KYOTO LITE" – TAKING
THE FIRST STEP
COP 6 Part II will be remembered
primarily for having produced the "Bonn Agreement," a
political commitment on a package of issues that has facilitated
ratification of the Kyoto Protocol. While to some observers the Bonn
Agreement "falls far short of the lofty goals contained in the
original Kyoto proposal," leading one NGO to refer to the
agreement as "Kyoto Lite," there was nevertheless general
support, even among some of the more skeptical NGOs, that a weak
agreement was better than none.
The following is a brief analysis
of some of the key elements negotiated under the Bonn Agreement, and
in talks on The Hague texts.
Finance:
While the financial issues group was the only one to approve all of
its draft decisions, there were diverging views on the final
outcome. Although the agreement recognizes the need for "new
and additional funding," and establishes three new funds, no
specific funding level is identified and there are no new legal
requirements on countries to provide funding. Pronk’s suggested
US$1 billion became an unrealistic option with US withdrawal from
the Protocol.
The Kyoto Protocol adaptation fund
is funded by a CDM levy and voluntary contributions. From a
developing country perspective, the texts mirror the compromise that
they made in the Bonn Agreement, under which they lost out on their
previous insistence on mandatory funding levels or any setting of
funding levels. As one developing country delegate expressed it
"They have shown us the blank checks, now the question is will
they actually enter any figures."
LULUCF:
The collapse of The Hague negotiations was attributed by many
observers to disagreements over LULUCF issues: "It was sinks
that sunk The Hague." In contrast, the negotiations in Bonn on
LULUCF issues proved to be comparatively straightforward. There are
several reasons for this. Some suggest that negotiators came to Bonn
conscious of the fact that sinks were fatal to The Hague deal, and,
with greater pressure to conclude a package, they had an increased
willingness to compromise. Ironically, the compromise that was
struck was one some noted would have satisfied the US in The Hague.
With the US now out of the
picture, the EU and G-77/China had to make significant sacrifices to
keep the rest of the Umbrella Group on board, particularly in light
of statements by Canada, Australia and Japan that the provision of
credits under Article 3.4 was the key to ratification. An apparent
trade-off for greater EU flexibility on sinks was the insistence
that nuclear energy be removed from the CDM. While the EU’s shift
on sinks was a major concession, and one that revived concerns
regarding loopholes and the renegotiation of the Protocol targets,
most saw this as a necessary and beneficial trade-off for keeping
the Protocol alive.
Commentators also observed that
Amb. Estrada – well-known for forging agreements and producing
results – had been brought in to chair discussions during the
ministerial session, and suggested that his touch may have been
evident. The resulting agreement was not without controversy,
however. Shortly after the ministers’ decision was agreed, but
before it was formally adopted, the Russian Federation sought to
increase the level of credit they could claim under forest
management. Finding a solution for this apparent impasse, which some
saw as threatening the entire process, required frantic scrambling
to enable formal adoption of the Bonn Agreement.
Mechanisms:
Clarifying the nature and scope of the Kyoto mechanisms has always
been one of the key determinants for ratification of the Kyoto
Protocol by Annex I Parties. Although delegates were unable to
resolve all of the technical issues and produce a clean text, they
nevertheless laid a solid foundation for a positive outcome at
COP-7. Key to this was the political agreement that was reached on
the identified "core issues," including supplementarity,
eligibility, share of proceeds, the composition of the executive
board, and sinks and nuclear facilities in the CDM. Agreement was
also reached on technical issues such as baselines and
additionality, small-scale CDM project activities, environmental
impact assessments, public participation, and review by the
executive board. As with a number of the other key issues, the EU
made several important compromises on its previously stated
positions, most notably on sinks. While they may seek some solace in
the text on nuclear facilities, and parts of the text on eligibility
requirements, it is evident that the desire to ensure the
participation of key Umbrella Group countries greatly outweighed
their aspirations for a stronger Protocol.
Compliance:
For seasoned observers of the compliance negotiations, developments
in Bonn were unexpected. Following the solid progress on this issue
in The Hague, many expected that the Bonn negotiations would be
comparatively straightforward. The opening days in Bonn dashed such
optimistic forecasts, and served as a rude reminder to delegates
that "nothing is agreed until everything is agreed." While
most delegates left The Hague believing that the compliance regime
would be legally binding and would provide for clear deterrent
consequences along the lines proposed by the EU and developing
countries, they soon realized in Bonn that even these core elements
were forcefully disputed. A key reason for this change was the US
withdrawal from the negotiations. This resulted in a significant
shift in bargaining leverage on those key positions where, in the
past, the US had sided with the EU and the G-77/China, rather than
with other members of the Umbrella Group. The absence of US
participation on these key issues, coupled with the need to ensure
ratification in particular by the Russian Federation and Japan,
resulted in a shift in bargaining power towards those positions
favored by the other Umbrella Group members. This was particularly
apparent in discussions on the legally-binding nature of enforcement
consequences, an issue that the US, EU, Canada and the G-77/China
had all supported in The Hague, and where the preference of
Australia, Japan and the Russian Federation for a "politically
binding" compliance regime was a minority view apparently with
little chance of success. The US withdrawal, and the need for
ratification by a suitable combination of these three countries,
dramatically influenced the diplomatic negotiating landscape.
The impact of this change was most
clearly evidenced during the final stages of the high-level segment,
where the issue of compliance constituted the major stumbling block
for reaching a political agreement, necessitating late night calls
to capitals and resulting in several amendments to the original
Pronk "core elements" proposal. Unfortunately, the
compromise amendment relating to the mode of adoption of the
compliance regime, and its link with the legally binding nature of
the compliance regime, later proved to be ambiguous, with major
disagreement arising over its interpretation. During the final
meetings of the compliance negotiating group, numerous amendments
were proposed to the technical text by Australia, Japan, Canada and
the Russian Federation, which some suggest has "effectively
unraveled any progress" that had been made on compliance during
the previous few years. The outcome of these meetings left some
delegates openly expressing "deep disappointment and
frustration."
Despite not completing its work on
compliance, COP-6 Part II made significant advances. These include
the elaboration by the Co-Chairs of an unbracketed non-paper that
will serve as the basis for the resumed negotiations at COP-7, as
well as securing political consensus on several key issues of a
compliance system, including a breakthrough regarding the
composition of the Compliance Committee.
"PLAY IT, (UNCLE) SAM."
As climate change observers look
ahead to COP-7 in Morocco – a country synonymous to many with
Bogart, Bergman and Casablanca – a question uppermost on
the minds of many is the extent to which the US will be persuaded to
join the climate caravan. Will the US play it, "as time goes
by?"
Although the US was noticeably
less intrusive in Bonn – seemingly sticking to their commitment
not to prevent others from moving ahead – their presence was
nevertheless ubiquitous. While some observers claim to have seen the
hand of the US in various submissions by other Parties (most notably
that by Nigeria on eligibility during the first week of
negotiations) their impact on the negotiations was far more
pervasive than indulging in a little backroom lobbying.
For many observers, an overriding
objective of the Bonn meeting was to defy the US, by demonstrating
that the Protocol could survive without its participation. This
sentiment was most evident during the high-level plenary on Monday,
23 July, when the current spokesperson for the G-77/China stated
that the political agreement was a "triumph for multilateralism
over unilateralism." This thinly veiled attack on the US
position, which was warmly applauded by the packed conference hall,
was further underlined by President Pronk. Noting the growing
sentiment against globalization, typified by the G-8 protests in
Genoa, Pronk stressed that the Bonn Agreement demonstrates "the
centrality of the concept of international cooperation for the
higher common benefit of the global community."
US head of delegation, Paula
Dobriansky, appeared unmoved and – despite being heckled – was
unapologetic in reiterating the US position against ratification.
Interestingly though, she referred to the Protocol as "not
sound policy," a shift from earlier statements that it was
"fatally flawed" (and a subtle shift too from her original
written statement, in which she apparently deleted reference to
"deeply flawed").
While it remains unlikely that the
US position on ratification will change in the near future, there is
no doubt that the Bonn Agreement has affected the international
political economy of climate change. As European Environment
Commissioner Margot Wallstrom put it shortly after the deal had been
struck: "I think something has changed today in the balance of
power between the US and the EU." Or as one US observer said:
"this is a major foreign policy defeat for President
Bush."
The nature of the changing
relationship was underlined by President Pronk in his final press
conference, late Friday night, where he emphasized that the US no
longer speaks of the Protocol as being dead. He also noted that the
US business community and various Senators are beginning to
appreciate that isolation on this issue will have an impact on US
economic interests. With ratification of the Kyoto Protocol now more
likely, he suggested that there is now an increased possibility that
"it won’t take many years before there is at least a ‘joint
track’ approach with the US in addressing climate change."
THE BONN AGREEMENT: "THE
BEGINNING OF A BEAUTIFUL FRIENDSHIP?"
Despite the significant
achievement in reaching political consensus, it became apparent
towards the end of the Bonn meeting that not all Parties were
"maintaining the spirit of Monday’s historic agreement."
This was most evident in the varying interpretations offered on the
legally binding nature of the compliance regime. Some observers have
questioned the motives behind the increasingly evident collaboration
between Canada, the Russian Federation, Australia and Japan, even on
issues upon which individual interests were not at stake.
While it is unlikely that – in
the words of Humphrey Bogart – the Bonn Agreement will necessarily
be the beginning of a beautiful friendship, it is clear that it has
laid the foundation for possible ratification of the Kyoto Protocol.
In his closing statement, Raúl Estrada, one of the chief architects
of the Kyoto Protocol, underlined that COP-6 Part II has brought a
"new dynamism to the Protocol process, and served to give new
weight in our endeavors towards prompt ratification." But as
the disagreements in the final few days of the Bonn meeting showed,
there is no guarantee just yet that the Protocol will be ratified,
and if so, at what cost to its environmental integrity.
THINGS TO LOOK FOR BEFORE COP-7
International Energy ProgramME
Evaluation Conference: This conference
will be held from 21-24 August 2001, in Salt Lake City, Utah, US.
Presentations will consider energy technologies and services, and
outline the impacts of public and private energy programmes, as well
as products and services, targeted at industrial, commercial,
residential and low-income markets. For more information, contact:
Mary McCarthy Hall, Conference Coordinator; tel: +1-608-835-6880;
fax: +1-608-835-6881; e-mail: marymcc@tdsnet.com;
Internet: http://www.iepec.org
FIFTH UNCTAD/EARTH COUNCIL POLICY
FORUM ON TRADE AND CLIMATE CHANGE – THE STATE OF THE GREENHOUSE
GASES MARKET: This workshop will take
place in association with the International Emissions Trading
Association from 29-31 August 2001, in Rio de Janeiro, Brazil. The
forum will bring together public and private sector representatives
from North and South to discuss climate change related issues.
Participation is by invitation only. For more information, contact:
Lucas Assun��o or Gao Pronove, tel: +41-22-917-5853/5831; fax:
+41-22-907-0247; e-mail: lucas_assuncao@hotmail.com
or gao@govida.net; Internet: http://www.unctad.org/ghg
INTERNATIONAL EMINENT PERSONS�
MEETING ON INTER-LINKAGES: This meeting,
providing input to the 2002 World Summit on Sustainable Development,
will convene from 3-4 September 2001, in Tokyo. The topic of the
meeting, which is being jointly organized by United Nations
University, the Ministries of Foreign Affairs and Environment of
Japan and the Global Legislators Organization for a Balanced
Environment (GLOBE) will be "Strategies for bridging problems
and solutions to work towards sustainable development." For
more information, contact: Jerry Velasquez, United Nations
University; tel: +81-3-5467-1301; fax: +81-3-3407-8164; e-mail: jerry@geic.or.jp;
Internet: http://www.unu.edu or http://www.geic.or.jp/
Emissions MarketIng Association
FIFth Annual Fall Meeting and International Conference:
This meeting will be held from 30 September - 2 October 2001, in
South Carolina, US. Topics will include: voluntary carbon dioxide
commitments/GHG trading pilots; international perspectives on COP-7;
state and provincial actions on climate change (focus on
registries); state-based multi-pollutant legislation; emissions
portfolio risk management in a dynamic market; SO2 and Nox emissions
trading trends; system design; and legal issues. For more
information, contact: David Feldner, Emissions Marketing Association
Executive Director; tel: +1-414-276-3819; e-mail: dfeldner@emissions.org;
Internet: http://www.emissions.org/conferences/default.html
18TH SESSION OF THE IPCC PLENARY:
This meeting will be held from 24-29 September 2001, in London, UK.
The purpose of the meeting is to adopt/approve the Synthesis Report.
For more information, contact: Renate Christ, IPCC Secretariat, tel:
+41-22-730-8574; fax: +41-22-730-8025; e-mail: christ_r@gateway.wmo.ch;
Internet: http://www.ipcc.ch/
13TH MEETING OF THE PARTIES TO THE
MONTREAL PROTOCOL: MOP-13 will be held in
Colombo, Sri Lanka, from 15-19 October 2001. For more information,
contact: Ozone Secretariat; tel: +254-2-62-1234; fax:
+254-2-62-3601; Internet: http://www.unep.org/ozone/
17TH EUROPEAN PHOTO-VOLTAIC SOLAR
ENERGY CONFERENCE AND EXHIBITION: This
conference will be held from 22-26 October 2001, in Munich, Germany.
Subjects to be addressed include: fundamentals, novel devices and
new materials; crystalline silicon solar cells; photo-voltaic
systems technology; and use of photo-voltaic by developing
countries. For more information contact: WIP; tel: +49-89-720-1235;
fax: +49-89-720-1291; e-mail: wip@wip-munich.de;
Internet: http://www.wip-munich.de/conferences/pv/munich_2001/munich.html
INTERNATIONAL SYMPOSIUM ON ARCTIC
FEEDBACKS TO GLOBAL CHANGE: This symposium
will be held from 25-27 October 2001, in Rovaniemi, Finland. It is
sponsored by the Nordic Arctic Research Programme and the Academy of
Finland, and will feature a summary of Global Climate Model results
for the Arctic, including in relation to the marine sector,
terrestrial ecosystems, freshwater ecosystems and icecaps/glaciers.
For more information, contact: Peter Kuhry; tel: +358-16-341-2758;
e-mail: peter.kuhry@urova.fi
SEVENTH CONFERENCE OF THE PARTIES
TO THE UN FRAMEWORK CONVENTION ON CLIMATE CHANGE:
COP-7 is scheduled to take place from 29 October - 9 November 2001,
in Marrakech, Morocco. For more information, contact: the UNFCCC
Secretariat; tel: +49-228-815-1000; fax: +49-228-815-1999; e-mail: secretariat@unfccc.int;
Internet: http://www.unfccc.int/
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