KyotoProtocol-京都议定书

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1、Kyoto Protocol to theUnited Nations Framework Convention on Climate ChangeThe Parties to this Protocol,Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as the Convention,In pursuit of the ultimate objective of the Convention as stated in its Article

2、 2,Recalling the provisions of the Convention,Being guided by Article 3 of the Convention,Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of theConference of the Parties to the Convention at its first session,Have agreed as follows:Article 1For the purposes of this Protocol, the definition

3、s contained in Article 1 of the Convention shall apply. In addition:1. Conference of the Parties means the Conference of the Parties to the Convention.2. Convention means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992.3. Intergovernmental Panel on Climat

4、e Change means the Intergovernmental Panel on Climate Change establishedin 1988 jointly by the World Meteorological Organization and the United Nations Environment Programme.4. Montreal Protocol means the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on 16 Septemb

5、er 1987 and as subsequently adjusted and amended.5. Parties present and voting means Parties present and casting an affirmative or negative vote.6. Party means, unless the context otherwise indicates, a Party to this Protocol.17. Party included in Annex I means a Party included in Annex I to the Con

6、vention, as may be amended, or a Party which has made a notification under Article 4, paragraph 2(g), of the Convention.Article 21. Each Party included in Annex I, in achieving its quantified emission limitation and reduction commitments under Article 3, in order to promote sustainable development,

7、shall:(a) Implement and/or further elaborate policies and measures in accordance with its national circumstances, such as:(i) Enhancement of energy efficiency in relevant sectors of the national economy;(ii) Protection and enhancement of sinks and reservoirs of greenhouse gases not controlled by the

8、 Montreal Protocol, taking into account its commitments under relevant international environmental agreements; promotion of sustainable forest management practices, afforestation and reforestation;(iii) Promotion of sustainable forms of agriculture in light of climate changeconsiderations;(iv) Resea

9、rch on, and promotion, development and increased use of, new and renewable forms of energy, of carbon dioxide sequestration technologies and of advanced and innovative environmentally sound technologies;(v) Progressive reduction or phasing out of market imperfections, fiscal incentives, tax and duty

10、 exemptions and subsidies in all greenhouse gas emitting sectors that run counter to the objective of the Convention and application of market instruments;(vi) Encouragement of appropriate reforms in relevant sectors aimed at promoting policiesand measures which limit or reduce emissions of greenhou

11、se gases not controlled by the Montreal Protocol;(vii) Measures to limit and/or reduce emissions of greenhouse gases not controlled by the Montreal Protocol in the transport sector;(viii) Limitation and/or reduction of methane emissions through recovery and use in waste management, as well as in the

12、 production, transport and distribution of energy;(b) Cooperate with other such Parties to enhance the individual and combined effectiveness of their policies and measures adopted under this Article, pursuant to Article 4, paragraph2(e)(i), of the Convention. To this end, these Parties shall take st

13、eps to share their experience and exchange information on such policies and measures, including developing ways of improving their comparability, transparency and effectiveness. The Conference of2the Parties serving as the meeting of the Parties to this Protocol shall, at its first session or as soo

14、n as practicable thereafter, consider ways to facilitate such cooperation, taking into account all relevant information.2. The Parties included in Annex I shall pursue limitation or reduction of emissions of greenhouse gases not controlled by the Montreal Protocol from aviation and marine bunker fue

15、ls, working through the International Civil Aviation Organization and the International Maritime Organization, respectively.3. The Parties included in Annex I shall strive to implement policies and measures under this Article in such a way as to minimize adverse effects, including the adverse effect

16、s of climate change, effects on international trade, and social, environmental and economic impacts on other Parties, especially developing country Parties and in particular those identified in Article 4, paragraphs 8 and 9, of the Convention, taking into account Article 3 of the Convention. The Con

17、ference of the Parties serving as the meeting of the Parties to this Protocol may take further action, as appropriate, to promote the implementation of the provisions of this paragraph.4. The Conference of the Parties serving as the meeting of the Parties to this Protocol, ifit decides that it would

18、 be beneficial to coordinate any of the policies and measures in paragraph 1(a) above, taking into account different national circumstances and potential effects, shall consider ways and means to elaborate the coordination of such policies and measures.Article 31. The Parties included in Annex I sha

19、ll, individually or jointly, ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in

20、 accordance with the provisions of this Article, with a view to reducing their overall emissions of such gases by at least 5 per cent below 1990 levels in the commitment period 2008 to 2012.2. Each Party included in Annex I shall, by 2005, have made demonstrable progress in achieving its commitments

21、 under this Protocol.3. The net changes in greenhouse gas emissions by sources and removals by sinks resulting from direct human-induced land-use change and forestry activities, limited to afforestation, reforestation and deforestation since 1990, measured as verifiable changes in carbon stocks in e

22、ach commitment period, shall be used to meet the commitments under this Article of each Party included in Annex I. The greenhouse gas emissions by sources and removals by sinks associated with those activities shall be reported in a transparent and verifiable manner and reviewed in accordance with A

23、rticles 7 and 8.34. Prior to the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol, each Party included in Annex I shall provide, for consideration by the Subsidiary Body for Scientific and Technological Advice, data to establish its level of carbo

24、n stocks in 1990 and to enable an estimate to be made of its changes in carbon stocks in subsequent years. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session or as soon as practicable thereafter, decide uponmodalities, rules and guideline

25、s as to how, and which, additional human-induced activities related to changes in greenhouse gas emissions by sources and removals by sinks in the agricultural soils and the land-use change and forestry categories shall be added to, or subtracted from, the assigned amounts for Parties included in An

26、nex I, taking into account uncertainties, transparency in reporting, verifiability, the methodological work of the Intergovernmental Panel on Climate Change, the advice provided by the Subsidiary Body for Scientific and Technological Advice in accordance with Article 5 and the decisions of the Confe

27、rence of the Parties. Such a decision shall apply in the second and subsequent commitment periods. A Party may choose to apply such a decision on these additional human-induced activities for its first commitment period, provided that these activities have taken place since 1990.5. The Parties inclu

28、ded in Annex I undergoing the process of transition to a market economy whose base year or period was established pursuant to decision 9/CP.2 of the Conference of the Parties at its second session shall use that base year or period for the implementation of their commitments under this Article. Any

29、other Party included in Annex I undergoing the process of transition to a market economy which has not yet submitted its first national communication under Article 12 of the Convention may also notify the Conference of the Parties serving as the meeting of the Parties to this Protocol that it intend

30、s to use an historical base year or period other than 1990 for the implementation of its commitments under this Article. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide on the acceptance of such notification.6. Taking into account Article 4, paragrap

31、h 6, of the Convention, in the implementation of their commitments under this Protocol other than those under this Article, a certain degree of flexibility shall be allowed by the Conference of the Parties serving as the meeting of the Parties to this Protocol to the Parties included in Annex I unde

32、rgoing the process of transition to a market economy.7. In the first quantified emission limitation and reduction commitment period, from 2008to 2012, the assigned amount for each Party included in Annex I shall be equal to the percentage inscribed for it in Annex B of its aggregate anthropogenic ca

33、rbon dioxide equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or period determined in accordance with paragraph 5 above, multiplied by five. Those Parties included in Annex I for whom land-use change and forestry constituted a net source of greenhouse gas emis

34、sions in 1990 shall include in their 1990 emissions base year or period the aggregate anthropogenic carbon dioxide equivalent emissions by sources minus4removals by sinks in 1990 from land-use change for the purposes of calculating their assigned amount.8. Any Party included in Annex I may use 1995

35、as its base year for hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride, for the purposes of the calculation referred to in paragraph 7 above.9. Commitments for subsequent periods for Parties included in Annex I shall be established in amendments to Annex B to this Protocol, which shall b

36、e adopted in accordance with the provisions of Article 21, paragraph 7. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall initiate the consideration of such commitments at least seven years before the end of the first commitment period referred to in paragrap

37、h 1 above.10. Any emission reduction units, or any part of an assigned amount, which a Party acquires from another Party in accordance with the provisions of Article 6 or of Article 17 shall be added to the assigned amount for the acquiring Party.11. Any emission reduction units, or any part of an a

38、ssigned amount, which a Party transfers to another Party in accordance with the provisions of Article 6 or of Article 17 shall be subtracted from the assigned amount for the transferring Party.12. Any certified emission reductions which a Party acquires from another Party in accordance with the prov

39、isions of Article 12 shall be added to the assigned amount for the acquiring Party.13. If the emissions of a Party included in Annex I in a commitment period are less thanits assigned amount under this Article, this difference shall, on request of that Party, be added to the assigned amount for that

40、 Party for subsequent commitment periods.14. Each Party included in Annex I shall strive to implement the commitments mentioned in paragraph 1 above in such a way as to minimize adverse social, environmental and economic impacts on developing country Parties, particularly those identified in Article

41、 4, paragraphs 8 and 9, of the Convention. In line with relevant decisions of the Conference ofthe Parties on the implementation of those paragraphs, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, consider what actions are necessary

42、to minimize the adverse effects of climate change and/or the impacts of response measures on Parties referred to in those paragraphs. Among the issues to be considered shall be the establishment of funding, insurance and transfer of technology.Article 41. Any Parties included in Annex I that have re

43、ached an agreement to fulfil their commitments under Article 3 jointly, shall be deemed to have met those commitments provided that their total combined aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts5calculat

44、ed pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of Article 3. The respective emission level allocated to each of the Parties to the agreement shall be set out in that agreement.2. The Parties to any such agreeme

45、nt shall notify the secretariat of the terms of the agreement on the date of deposit of their instruments of ratification, acceptance or approval of this Protocol, or accession thereto. The secretariat shall in turn inform the Parties and signatories to the Convention of the terms of the agreement.3

46、. Any such agreement shall remain in operation for the duration of the commitment period specified in Article 3, paragraph 7.4. If Parties acting jointly do so in the framework of, and together with, a regionaleconomic integration organization, any alteration in the composition of the organization a

47、fter adoption of this Protocol shall not affect existing commitments under this Protocol. Any alteration in the composition of the organization shall only apply for the purposes of those commitments under Article 3 that are adopted subsequent to that alteration.5. In the event of failure by the Part

48、ies to such an agreement to achieve their total combined level of emission reductions, each Party to that agreement shall be responsible for its own level of emissions set out in the agreement.6. If Parties acting jointly do so in the framework of, and together with, a regionaleconomic integration o

49、rganization which is itself a Party to this Protocol, each member State of that regional economic integration organization individually, and together with the regional economic integration organization acting in accordance with Article 24, shall, in the event of failure to achieve the total combined

50、 level of emission reductions, be responsible for its level of emissions as notified in accordance with this Article.Article 51. Each Party included in Annex I shall have in place, no later than one year prior to the start of the first commitment period, a national system for the estimation of anthr

51、opogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol. Guidelines for such national systems, which shall incorporate the methodologies specified in paragraph 2 below, shall be decided upon by the Conference of the Parties serving as the m

52、eeting of the Parties to this Protocol at its first session.2. Methodologies for estimating anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upo

53、n by the Conference of the Parties at its third session. Where such methodologies are not used, appropriate adjustments shall be applied according to methodologies agreed upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session. Based on the w

54、ork6of, inter alia , the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review and, as appropriate, revise such methodol

55、ogies and adjustments, taking fully into account any relevant decisions by the Conference of the Parties. Any revision to methodologies or adjustments shall be used only for the purposes of ascertaining compliance with commitments under Article 3 in respect of any commitment period adopted subsequen

56、t to that revision.3. The global warming potentials used to calculate the carbon dioxide equivalence of anthropogenic emissions by sources and removals by sinks of greenhouse gases listed in Annex A shall be those accepted by the Intergovernmental Panel on Climate Change andagreed upon by the Confer

57、ence of the Parties at its third session. Based on the work of, inter alia , the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall re

58、gularly review and, as appropriate, revise the global warming potential of each such greenhouse gas, taking fully into account any relevant decisions by the Conference of the Parties. Any revision to a global warming potential shall apply only to commitments under Article 3 in respect of any commitm

59、ent period adopted subsequent to that revision.Article 61. For the purpose of meeting its commitments under Article 3, any Party included inAnnex I may transfer to, or acquire from, any other such Party emission reduction units resulting from projects aimed at reducing anthropogenic emissions by sou

60、rces or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy, provided that:(a) Any such project has the approval of the Parties involved;(b) Any such project provides a reduction in emissions by sources, or an enhancement of removals by sinks, that is additiona

61、l to any that would otherwise occur;(c) It does not acquire any emission reduction units if it is not in compliance with its obligations under Articles 5 and 7; and(d) The acquisition of emission reduction units shall be supplemental to domestic actions for the purposes of meeting commitments under

62、Article 3.2. The Conference of the Parties serving as the meeting of the Parties to this Protocol may, at its first session or as soon as practicable thereafter, further elaborate guidelines for the implementation of this Article, including for verification and reporting.73. A Party included in Anne

63、x I may authorize legal entities to participate, under its responsibility, in actions leading to the generation, transfer or acquisition under this Article of emission reduction units.4. If a question of implementation by a Party included in Annex I of the requirements referred to in this Article is

64、 identified in accordance with the relevant provisions of Article 8, transfers and acquisitions of emission reduction units may continue to be made after the question has been identified, provided that any such units may not be used by a Party to meet its commitments under Article 3 until any issue of compliance is resolved.Article 71. Each Party included in Annex I shall incorporate in its annual inventory of anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol, subm