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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Ozone
Protection and Synthetic Greenhouse Gas Legislation Amendment Bill
2003
No. ,
2003
(Environment and
Heritage)
A Bill for an Act to amend
legislation relating to ozone protection and synthetic greenhouse gas, and for
related purposes
Contents
Evidence Act
1995 3
Ozone Protection Act
1989 3
Trans-Tasman Mutual Recognition Act
1997 57
A Bill for an Act to amend legislation relating to ozone
protection and synthetic greenhouse gas, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Ozone Protection and Synthetic Greenhouse
Gas Legislation Amendment Act 2003.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
(1) To the extent that the amendments made by this Act have the effect of
creating, or expanding the scope of, an offence, those amendments do not apply
to conduct occurring before a date fixed by Proclamation for the purposes of
this section.
(2) Subsection (1) does not apply to an offence against subsection
18(7) of the Principal Act.
(3) In this section:
Principal Act means the Ozone Protection Act 1989, as
amended by this Act.
1 Part 1 of the Dictionary at the end of the
Act (subparagraph (b)(vi) of the definition of Commonwealth
document)
After “Ozone Protection”, insert “and Synthetic
Greenhouse Gas Management”.
2 Title
Omit “ozone in the atmosphere”, substitute “the
ozone layer and to minimise emissions of SGGs”.
3 Section 1
After “Ozone Protection”, insert “and Synthetic
Greenhouse Gas Management”.
4 Paragraph 3(a)
Omit “Convention and the Protocol”, substitute “Vienna
Convention and the Montreal Protocol”.
5 Subparagraph 3(c)(ii)
Omit “Convention and the Protocol”, substitute “Vienna
Convention and the Montreal Protocol”.
6 At the end of section 3
Add:
; and (d) to provide controls on the manufacture, import, export and use
of SGGs, for the purposes of giving effect to Australia’s obligations
under the Framework Convention on Climate Change; and
(e) to promote the responsible management of scheduled substances so as to
minimise their impact on the atmosphere.
7 Subsection 7(1)
Insert:
bromochloromethane means the substance referred to in
Part VIII of Schedule 1, whether existing alone or in a
mixture.
8 Subsection 7(1) (definition of
Convention)
Repeal the definition.
9 Subsection 7(1) (definition of essential
use)
Before “Protocol”, insert “Montreal”.
10 Subsection 7(1)
Insert:
Framework Convention on Climate Change means the United
Nations Framework Convention on Climate Change, done at New York on 9 May
1992, a copy of the English text of which is set out in
Schedule 3E.
11 Subsection 7(1)
Insert:
HCFC licence means a controlled substances licence that
relates to HCFCs.
12 Subsection 7(1)
Insert:
HFC means a hydrofluorocarbon referred to in Part IX of
Schedule 1, whether existing alone or in a mixture.
13 Subsection 7(1)
Insert:
Montreal Protocol means the Montreal Protocol on Substances
that Deplete the Ozone Layer, as in force for Australia, an English text version
of which is set out in Schedule 3, being that Protocol as affected
by:
(a) the adjustments set out in Schedules 3A and 3B; and
(b) the amendments set out in Schedules 3C and 3D.
14 Subsection 7(1)
Insert:
PFC means a perfluorocarbon referred to in Part X of
Schedule 1, whether existing alone or in a mixture.
15 Subsection 7(1)
Insert:
pre-charged equipment means air-conditioning equipment, or
refrigeration equipment, that contains a substance that is an HFC or HCFC or,
but for section 9, would be an HFC or HCFC.
16 Subsection 7(1)
Insert:
pre-charged equipment licence means a pre-charged equipment
licence under section 13A.
17 Subsection 7(1) (definition of
Protocol)
Repeal the definition.
18 Subsection 7(1)
Insert:
recycled or used HCFCs means HCFCs that are:
(a) collected from machinery, equipment or containers during servicing or
before disposal of the machinery, equipment or containers; and
(b) intended to be re-used after undergoing a cleaning process.
19 Subsection 7(1)
Insert:
recycled or used methyl bromide means methyl bromide that
is:
(a) collected from machinery, equipment or containers during servicing or
before disposal of the machinery, equipment or containers; and
(b) intended to be re-used after undergoing a cleaning process.
20 Subsection 7(1)
Insert:
SGG or synthetic greenhouse gas means an HFC or
a PFC.
21 Subsection 7(1)
Insert:
SGG licence means a controlled substances licence that
relates to SGGs.
22 Subsection 7(1) (at the end of the definition of
stage-2 scheduled substance)
Add:
; or (d) bromochloromethane.
23 Subsection 7(1)
Insert:
Vienna Convention means the Vienna Convention for the
Protection of the Ozone Layer, a copy of the English text of which is set out in
Schedule 2.
24 Subsections 7(2) and (3)
Repeal the subsections.
25 Section 9
Repeal the section, substitute:
(1) For the purposes of Parts III, IV and VII, a substance referred to in
Schedule 1 is to be treated as not being referred to in that Schedule if
the substance is in a manufactured product that:
(a) in its operation, will use the substance; or
(b) consists in part of that substance only because the substance was used
in the manufacturing process.
Note: For example, paragraph (1)(a) would apply to a
Schedule 1 substance that is used as a propellant in an aerosol spray or
fire extinguisher. Paragraph (1)(b) would apply to a Schedule 1
substance that remained in a foam product after the substance was used in the
production of the foam.
(2) For the avoidance of doubt, the use of a manufactured product solely
for the storage or transport of a substance does not constitute the use of the
substance in the operation of the manufactured product.
26 Section 12B
Omit “CFC or HCFC” (wherever occurring), substitute “CFC,
HCFC or SGG”.
Note: The heading to section 12B is altered by omitting
“CFCs and HCFCs” and substituting “CFCs, HCFCs and
SGGs”.
27 After subsection 13(1)
Insert:
(1A) A person must not manufacture, import or export an SGG
unless:
(a) the person holds a controlled substances licence that allows the
person to do so; or
(b) the manufacture, import or export is in circumstances that are
prescribed by the regulations.
28 After subsection 13(6)
Insert:
(6A) A person must not import pre-charged equipment unless:
(a) the person holds a pre-charged equipment licence; or
(b) the equipment is covered by paragraph 68(1)(d) of the Customs Act
1901.
Note: Paragraph 68(1)(d) of the Customs Act 1901
covers personal or household effects of a passenger, or a member of a crew, of a
ship or aircraft
29 At the end of subsection
13A(1)
Add:
; (d) a pre-charged equipment licence.
30 Subsection 13A(2)
Repeal the subsection, substitute:
(2) A controlled substances licence allows the licensee to do one of the
following:
(a) to carry out whichever one or more of the following activities is
specified in it:
(i) manufacture HCFCs;
(ii) import HCFCs;
(iii) export HCFCs;
(b) to carry out whichever one or more of the following activities is
specified in it:
(i) manufacture methyl bromide;
(ii) import methyl bromide;
(iii) export methyl bromide;
(c) to carry out whichever one or more of the following activities is
specified in it:
(i) manufacture SGGs;
(ii) import SGGs;
(iii) export SGGs.
31 At the end of subsection
13A(4)
Add:
; (c) import specified recycled or used HCFCs or recycled or used methyl
bromide;
(d) export specified recycled or used HCFCs or recycled or used methyl
bromide.
32 At the end of
section 13A
Add:
(5) A pre-charged equipment licence allows the licensee to import
pre-charged equipment.
33 After paragraph 14(1)(a)
Insert:
(aa) be accompanied by the prescribed fee, unless the fee has been waived
in accordance with the regulations; and
34 Subsection 16(1)
Omit “(2),”.
35 Subsection 16(2)
Repeal the subsection.
36 Subsection 16(3)
Omit “a controlled substances licence allowing the licensee to
manufacture, import and export HCFCs”, substitute “an HCFC licence,
an SGG licence or a pre-charged equipment licence”.
37 After subsection 16(3)
Insert:
(3AA) An SGG licence must state that it relates to SGGs, and must specify
the activities it allows.
38 Subsection 18(2)
After “licence”, insert “(other than an SGG
licence)”.
39 Subsection 18(2)
Before “Protocol”, insert “Montreal”.
40 Subsection 18(3)
After “licence”, insert “(other than an SGG
licence)”.
41 Subsection 18(3)
Before “Protocol”, insert “Montreal”.
42 Subsection 19A(2)
After “licence”, insert “(other than an SGG licence or a
pre-charged equipment licence)”.
43 Subsection 19A(2)
Before “Protocol”, insert “Montreal”.
44 Subsection 19A(4)
Before “Protocol”, insert “Montreal”.
45 After section 19B
Insert:
(1) The Minister may amend a licence at the written request of the
licensee.
Note: For example, if there is a change in the name of the
licensee, the licence could be amended to specify the new name.
(2) Subsection (1) does not allow amendment of a condition of a
licence.
Note: Section 18 deals with variation of the conditions
of a licence.
46 Subsection 40(2)
Repeal the subsection, substitute:
(2) An application:
(a) must be in a form approved by the Minister; and
(b) must be accompanied by the prescribed fee, unless the fee has been
waived in accordance with the regulations.
47 Section 41
Repeal the section, substitute:
(1) The Minister must maintain a Register of Montreal Protocol Countries,
listing:
(a) each country that is to be treated as a Montreal Protocol country for
the purposes of this Part; and
(b) for each such country—the substance or substances for which it
is to be treated as a Montreal Protocol country for the purposes of this
Part.
(2) The Minister must not list a country in the Register for a particular
substance if to do so would be inconsistent with Australia’s obligations
in relation to the import of any of the following things from countries that are
not parties to the Montreal Protocol:
(a) scheduled substances;
(b) products containing scheduled substances;
(c) products manufactured using scheduled substances.
(3) For the purposes of this Part, a country is a non-Montreal
Protocol country at a particular time for a particular substance if the
country is not listed in the Register at that time for that substance.
Example: If a country is listed in the Register for
substance A but not for substance B (both being stage-1 scheduled substances),
then subsection 44(1) prohibits the import of substance B from that country but
does not apply to the import of substance A from that country.
(4) The Minister must ensure that the Register is accessible to the public
through the Internet.
(5) The Minister may give a written certificate stating that a specified
country was, or was not, on a specified date, listed in the Register for a
specified substance. The certificate is prima facie evidence of the matters
stated in the certificate.
48 Subsection 44(1)
Omit “non-Protocol”, substitute “non-Montreal
Protocol”.
Note: The heading to section 44 is altered by omitting
“non-Protocol” and substituting “non-Montreal
Protocol”.
49 Subsection 44(2)
Before “Protocol”, insert “Montreal”.
50 Subsection 44(3)
Before “Protocol”, insert “Montreal”.
51 Subsection 44(5)
Omit “non-Protocol”, substitute “non-Montreal
Protocol”.
52 Subsection 44(6)
Before “Protocol”, insert “Montreal”.
53 Subsection 45(1)
Omit “non-Protocol”, substitute “non-Montreal
Protocol”.
Note: The heading to section 45 is altered by omitting
“non-Protocol” and substituting “non-Montreal
Protocol”.
54 Subsection 45(2)
Before “Protocol”, insert “Montreal”.
55 Subsection 45(3)
Before “Protocol”, insert “Montreal”.
56 Subsection 45(3A)
Omit “non-Protocol”, substitute “non-Montreal
Protocol”.
57 Subsection 45(3B)
Before “Protocol”, insert “Montreal”.
58 Subsection 45(5)
Before “Protocol”, insert “Montreal”.
59 After Part VI
Insert:
(1) The regulations may make provision for the following:
(a) regulating the sale or purchase, or any other acquisition or disposal,
of scheduled substances;
(b) regulating the storage, use or handling of scheduled
substances;
(c) labelling requirements for scheduled substances and for products that
contain or use scheduled substances;
(d) conferring functions on persons or bodies (including non-government
bodies) in relation to matters covered by paragraph (a), (b) or
(c);
(e) matters incidental to matters covered by paragraph (a), (b), (c)
or (d).
(2) For the avoidance of doubt, the regulations may make provision for
regulating something by providing that it must not be done unless specified
conditions are met.
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct occurs on or after the startup date; and
(c) the conduct results in the discharge of a scheduled substance;
and
(d) the discharge occurs in circumstances where it is likely that the
scheduled substance will enter the atmosphere; and
(e) the discharge is not in accordance with the regulations.
Penalty: 100 penalty units.
(2) Strict liability applies to subsection (1).
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3) Subsection (1) does not apply if the discharge occurs when a
product containing a scheduled substance is being used for its designed purpose.
If the product concerned is a halon fire extinguisher, then its use during a
training exercise is treated as not being use for its designed
purpose.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3): see subsection 13.3(3) of the Criminal
Code.
(4) In this section:
engage in conduct has the same meaning as in the Criminal
Code.
scheduled substance does not include a scheduled substance in
a manufactured product that consists in part of that substance only because the
substance was used in the manufacturing process.
startup date means a date fixed by Proclamation for the
purposes of this section.
60 After subsection 46(1)
Insert:
(1A) Subsection (1) does not apply to:
(a) an SGG; or
(b) a scheduled substance in pre-charged equipment.
(1B) If a person imports or exports an SGG in a quarter commencing more
than 3 months after the commencement of this subsection, the person must, within
15 days after the end of the quarter, give the Minister a report in accordance
with the regulations.
(1C) If:
(a) a person imports pre-charged equipment in a quarter commencing more
than 3 months after the commencement of this subsection; and
(b) the equipment is not covered by paragraph 68(1)(d) of the Customs
Act 1901;
then the person must, within 15 days after the end of the quarter, give the
Minister a report in accordance with the regulations.
Note: Paragraph 68(1)(d) of the Customs Act 1901
covers personal or household effects of a passenger, or a member of a crew, of a
ship or aircraft.
Note: The heading to section 46 is altered by adding at
the end “and pre-charged equipment”.
61 After subsection 46(2)
Insert:
(2AA) A person must not contravene subsection (1B) or (1C).
Penalty: 10 penalty units.
62 Subsection 46(2A)
After “subsection (2)”, insert “or
(2AA)”.
63 Subsection 46(2B)
After “subsection (2)”, insert “or
(2AA)”.
64 Paragraph 46(3)(a)
Omit “this section”, substitute
“subsection (1)”.
65 Subsection 52(1)
After “offence against this Act”, insert “or the
regulations”.
66 Subsection 52(2)
After “offence against this Act”, insert “or the
regulations”.
67 Subsection 52(6)
After “offence against this Act”, insert “or the
regulations”.
68 Part VIIIA
Repeal the Part, substitute:
In this Part:
Account means the Ozone Protection and SGG Account
that is continued in existence by subsection 65B(1).
National Halon Bank means the Commonwealth facility known as
the National Halon Bank.
ODS means a substance referred to in any of Parts I to VIII
of Schedule 1, whether existing alone or in a mixture.
(1) The old account is continued in existence as the Ozone Protection and
SGG Account.
(2) Division 1A of Part 4 of the Financial Management and
Accountability Act 1997 applies to the Account.
(3) In this section:
old account means the account that was in existence
immediately before the commencement of this section under the Part VIIIA of
this Act that was repealed by the Ozone Protection and Synthetic Greenhouse
Gas Legislation Amendment Act 2003.
(1) Amounts equal to the following amounts must be credited to the
Account:
(a) amounts received by the Commonwealth under:
(i) the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act
1995; or
(ii) the Ozone Protection and Synthetic Greenhouse Gas (Manufacture
Levy) Act 1995;
including those Acts as in force before the commencement of the Ozone
Protection and Synthetic Greenhouse Gas Legislation Amendment Act
2003;
(b) amounts received by the Commonwealth as fees for licence applications
under this Act;
(c) amounts received by the Commonwealth as fees for exemption
applications under section 40;
(d) amounts received by the Commonwealth as penalties under subsection
69(2);
(e) income received by the Commonwealth from the operation of the National
Halon Bank;
(f) interest received by the Commonwealth from the investment of money
standing to the credit of the Account.
The following are the purposes of the Account:
(a) paying or reimbursing the Commonwealth’s costs associated with
the administration of this Act and the regulations;
(b) paying or reimbursing the Commonwealth’s costs associated with
furthering the following programs (including providing information about those
programs):
(i) ODS phaseout programs;
(ii) emission minimisation programs for ODSs and SGGs;
(c) paying or reimbursing the Commonwealth’s costs associated with
management of the National Halon Bank;
(d) refunding any amounts credited to the Account in error.
69 After paragraph 66(bb)
Insert:
(bc) a decision refusing to make an amendment under
section 19C;
70 Section 67A
Repeal the section, substitute:
(1) The Minister may, by writing, delegate all or any of his or her powers
and functions under this Act to an SES employee or acting SES
employee.
(2) Subsection (1) does not apply to the Minister’s powers
under section 19A or 20.
(3) In exercising powers or functions under a delegation, the delegate
must comply with any directions of the Minister.
71 Subsection 69(1)
Omit “fee”, substitute “levy”.
Note: The heading to section 69 is altered by omitting
“fees” and substituting
“levies”.
72 Subsection 69(2)
Omit “fee” (wherever occurring) , substitute
“levy”.
73 Paragraph 69(3)(a)
Omit “fees”, substitute “levies”.
74 Subsection 69(4) (definition of licence
fee)
Repeal the definition, substitute:
licence levy means levy payable under:
(a) the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act
1995; or
(b) the Ozone Protection and Synthetic Greenhouse Gas (Manufacture
Levy) Act 1995;
and includes any amount payable under either of those Acts as in force
before the commencement of the Ozone Protection and Synthetic Greenhouse Gas
Legislation Amendment Act 2003.
75 Subsection 69A(1)
Before “Protocol”, insert “Montreal”.
Note: The heading to section 69A is altered by
inserting “Montreal” before
“Protocol”.
76 Subsection 69A(2)
Before “Protocol”, insert “Montreal”.
77 Subsection 69B(1)
Before “goes beyond”, insert “or the
regulations”.
78 Subsection 69B(1)
Omit “Convention and the Protocol”, substitute “Vienna
Convention, the Montreal Protocol and the Framework Convention on Climate
Change”.
79 Paragraph 69B(2)(a)
Omit “Convention and the Protocol”, substitute “Vienna
Convention, the Montreal Protocol and the Framework Convention on Climate
Change”.
80 At the end of
Schedule 1
Add:
|
Substance |
Ozone depleting potential |
|---|---|
|
CH2BrCl |
0.12 |
|
Substance |
|---|
|
CHF3 (HFC-23) |
|
CH2F2 (HFC-32) |
|
CH3F (HFC-41) |
|
CHF2CF3 (HFC-125) |
|
CHF2CHF2 (HFC-134) |
|
CH2FCF3 (HFC-134a) |
|
CHF2CH2F
(HFC-143) |
|
CF3CH3 (HFC-143a) |
|
CH2FCH2F
(HFC-152) |
|
CH3CHF2 (HFC-152a) |
|
CH3CH2F
(HFC-161) |
|
CF3CHFCF3 (HFC-227ea) |
|
CH2FCF2CF3
(HFC-236cb) |
|
CHF2CHFCF3
(HFC-236ea) |
|
CF3CH2CF3
(HFC-236fa) |
|
CH2FCF2CHF2
(HFC-245ca) |
|
CHF2CH2CF3
(HFC-245fa) |
|
CF3CH2CF2CH3
(HFC-365mfc) |
|
CF3CHFCHFCF2CF3
(HFC-43-10mee) |
|
Substance |
|---|
|
CF4 |
|
C2F6 |
|
C3F8 |
|
C4F10 |
|
c-C4F8 |
|
C5F12 |
|
C6F14 |
81 Heading to Schedule 3A
(note)
Omit “Protocol”, substitute “Montreal
Protocol”.
82 Heading to Schedule 3B
(note)
Omit “Protocol”, substitute “Montreal
Protocol”.
83 Heading to Schedule 3C
(note)
Omit “Protocol”, substitute “Montreal
Protocol”.
84 After Schedule 3C
Insert:
Note: See the definition of Montreal Protocol
in subsection 7(1).
A. Article 2, paragraph 5
In paragraph 5 of Article 2
of the Protocol, for the words:
Articles 2A to 2E
there shall be
substituted:
Articles 2A to 2F
B. Article 2, paragraphs 8(a)
and 11
In paragraphs 8(a) and 11 of Article 2 of the Protocol,
for the words:
Articles 2A to 2H
there shall be
substituted:
Articles 2A to 2I
C. Article 2F, paragraph
8
The following paragraph shall be added after paragraph 7 of
Article 2F of the Protocol:
Each Party producing one or more of these
substances shall ensure that for the twelve-month period commencing on
1 January 2004, and in each twelve-month period thereafter, its calculated
level of production of the controlled substances in Group I of Annex C does not
exceed, annually, the average of:
(a) The sum of its calculated level of
consumption in 1989 of the controlled substances in Group I of Annex C and two
point eight per cent of its calculated level of consumption in 1989 of the
controlled substances in Group I of Annex A; and
(b) The sum of its
calculated level of production in 1989 of the controlled substances in Group I
of Annex C and two point eight per cent of its calculated level of production in
1989 of the controlled substances in Group I of Annex A.
However, in
order to satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed that
limit by up to fifteen per cent of its calculated level of production of the
controlled substances in Group I of Annex C as defined above.
D.
Article 2I
The following Article shall be inserted after Article
2H of the Protocol:
Article 2I: Bromochloromethane
Each Party
shall ensure that for the twelve-month period commencing on 1 January 2002,
and in each twelve-month period thereafter, its calculated level of consumption
and production of the controlled substance in Group III of Annex C does not
exceed zero. This paragraph will apply save to the extent that the Parties
decide to permit the level of production or consumption that is necessary to
satisfy uses agreed by them to be essential.
E. Article
3
In Article 3 of the Protocol, for the words:
Articles 2,
2A to 2H
there shall be substituted:
Articles 2, 2A to
2I
F. Article 4, paragraphs 1 quin. and 1 sex.
The
following paragraphs shall be added to Article 4 of the Protocol after paragraph
1 qua:
1 quin. As of 1 January 2004, each Party shall
ban the import of the controlled substances in Group I of Annex C from any State
not party to this Protocol.
1 sex. Within one year of the date of
entry into force of this paragraph, each Party shall ban the import of the
controlled substance in Group III of Annex C from any State not party to this
Protocol.
G. Article 4, paragraphs 2 quin. and 2
sex.
The following paragraphs shall be added to Article 4 of the
Protocol after paragraph 2 qua:
2 quin. As of
1 January 2004, each Party shall ban the export of the controlled
substances in Group I of Annex C to any State not party to this Protocol.
2
sex. Within one year of the date of entry into force of this paragraph,
each Party shall ban the export of the controlled substance in Group III of
Annex C to any State not party to this Protocol.
H. Article 4,
paragraphs 5 to 7
In paragraphs 5 to 7 of Article 4 of the
Protocol, for the words:
Annexes A and B, Group II of Annex C and Annex
E
there shall be substituted:
Annexes A, B, C and
E
I. Article 4, paragraph 8
In paragraph 8 of
Article 4 of the Protocol, for the words:
Articles 2A to 2E, Articles 2G
and 2H
there shall be substituted:
Articles 2A to
2I
J. Article 5, paragraph 4
In paragraph 4 of
Article 5 of the Protocol, for the words:
Articles 2A to 2H
there
shall be substituted:
Articles 2A to 2I
K. Article 5,
paragraphs 5 and 6
In paragraphs 5 and 6 of Article 5 of the
Protocol, for the words:
Articles 2A to 2E
there shall be
substituted:
Articles 2A to 2E and Article 2I
L. Article 5,
paragraph 8 ter (a)
The following sentence shall be added at the
end of subparagraph 8 ter (a) of Article 5 of the Protocol:
As of
1 January 2016 each Party operating under paragraph 1 of this Article shall
comply with the control measures set out in paragraph 8 of Article 2F and, as
the basis for its compliance with these control measures, it shall use the
average of its calculated levels of production and consumption in
2015;
M. Article 6
In Article 6 of the Protocol, for
the words:
Articles 2A to 2H
there shall be
substituted:
Articles 2A to 2I
N. Article 7, paragraph
2
In paragraph 2 of Article 7 of the Protocol, for the
words:
Annexes B and C
there shall be substituted:
Annex B
and Groups I and II of Annex C
O. Article 7, paragraph
3
The following sentence shall be added after the first sentence
of paragraph 3 of Article 7 of the Protocol:
Each Party shall provide to
the Secretariat statistical data on the annual amount of the controlled
substance listed in Annex E used for quarantine and pre-shipment
applications.
P. Article 10
In paragraph 1 of
Article 10 of the Protocol, for the words:
Articles 2A to 2E
there
shall be substituted:
Articles 2A to 2E and Article 2I
Q.
Article 17
In Article 17 of the Protocol, for the
words:
Articles 2A to 2H
there shall be
substituted:
Articles 2A to 2I
R. Annex C
The
following group shall be added to Annex C to the
Protocol:
Group
Substance Number of Isomers Ozone-Depleting
Potential
Group III
CH2BrCl
bromochloromethane 1 0.12
Article 2: Relationship to the 1997
Amendment
No State or regional economic integration organization may
deposit an instrument of ratification, acceptance or approval of or accession to
this Amendment unless it has previously, or simultaneously, deposited such an
instrument to the Amendment adopted at the Ninth Meeting of the Parties in
Montreal, 17 September 1997.
Article 3: Entry into
force
1. This Amendment shall enter into force on 1 January
2001, provided that at least twenty instruments of ratification, acceptance or
approval of the Amendment have been deposited by States or regional economic
integration organizations that are Parties to the Montreal Protocol on
Substances that Deplete the Ozone Layer. In the event that this condition has
not been fulfilled by that date, the Amendment shall enter into force on the
ninetieth day following the date on which it has been fulfilled.
2. For
the purposes of paragraph 1, any such instrument deposited by a regional
economic integration organization shall not be counted as additional to those
deposited by member States of such organization.
3. After the entry into
force of this Amendment, as provided under paragraph 1, it shall enter into
force for any other Party to the Protocol on the ninetieth day following the
date of deposit of its instrument of ratification, acceptance or
approval.
Note: See the definition of Framework Convention on
Climate Change in subsection 7(1).
The Parties to this Convention,
Acknowledging that
change in the Earth’s climate and its adverse effects are a common concern
of humankind,
Concerned that human activities have been
substantially increasing the atmospheric concentrations of greenhouse gases,
that these increases enhance the natural greenhouse effect, and that this will
result on average in an additional warming of the Earth’s surface and
atmosphere and may adversely affect natural ecosystems and
humankind,
Noting that the largest share of historical and current
global emissions of greenhouse gases has originated in developed countries, that
per capita emissions in developing countries are still relatively low and that
the share of global emissions originating in developing countries will grow to
meet their social and development needs,
Aware of the role and
importance in terrestrial and marine ecosystems of sinks and reservoirs of
greenhouse gases,
Noting that there are many uncertainties in
predictions of climate change, particularly with regard to the timing, magnitude
and regional patterns thereof,
Acknowledging that the global
nature of climate change calls for the widest possible cooperation by all
countries and their participation in an effective and appropriate international
response, in accordance with their common but differentiated responsibilities
and respective capabilities and their social and economic
conditions,
Recalling the pertinent provisions of the Declaration
of the United Nations Conference on the Human Environment, adopted at Stockholm
on 16 June 1972,
Recalling also that States have, in
accordance with the Charter of the United Nations and the principles of
international law, the sovereign right to exploit their own resources pursuant
to their own environmental and developmental policies, and the responsibility to
ensure that activities within their jurisdiction or control do not cause damage
to the environment of other States or of areas beyond the limits of national
jurisdiction,
Reaffirming the principle of sovereignty of States
in international cooperation to address climate
change,
Recognizing that States should enact effective
environmental legislation, that environmental standards, management objectives
and priorities should reflect the environmental and developmental context to
which they apply, and that standards applied by some countries may be
inappropriate and of unwarranted economic and social cost to other countries, in
particular developing countries,
Recalling the provisions of
General Assembly resolution 44/228 of 22 December 1989 on the United
Nations Conference on Environment and Development, and resolutions 43/53 of
6 December 1988, 44/207 of 22 December 1989, 45/212 of
21 December 1990 and 46/169 of 19 December 1991 on protection of
global climate for present and future generations of
mankind,
Recalling also the provisions of General Assembly
resolution 44/206 of 22 December 1989 on the possible adverse effects of
sealevel rise on islands and coastal areas, particularly low-lying coastal areas
and the pertinent provisions of General Assembly resolution 44/172 of
19 December 1989 on the implementation of the Plan of Action to Combat
Desertification,
Recalling further the Vienna Convention
for the Protection of the Ozone Layer, 1985, and the Montreal Protocol on
Substances that Deplete the Ozone Layer, 1987, as adjusted and amended on
29 June 1990,
Noting the Ministerial Declaration of the
Second World Climate Conference adopted on 7 November
1990,
Conscious of the valuable analytical work being conducted by
many States on climate change and of the important contributions of the World
Meteorological Organization, the United Nations Environment Programme and other
organs, organizations and bodies of the United Nations system, as well as other
international and intergovernmental bodies, to the exchange of results of
scientific research and the coordination of research,
Recognizing
that steps required to understand and address climate change will be
environmentally, socially and economically most effective if they are based on
relevant scientific, technical and economic considerations and continually
re-evaluated in the light of new findings in these
areas,
Recognizing that various actions to address climate change
can be justified economically in their own right and can also help in solving
other environmental problems,
Recognizing also the need for
developed countries to take immediate action in a flexible manner on the basis
of clear priorities, as a first step towards comprehensive response strategies
at the global, national and, where agreed, regional levels that take into
account all greenhouse gases, with due consideration of their relative
contributions to the enhancement of the greenhouse
effect,
Recognizing further that low-lying and other small island
countries, countries with low-lying coastal, arid and semi-arid areas or areas
liable to floods, drought and desertification, and developing countries with
fragile mountainous ecosystems are particularly vulnerable to the adverse
effects of climate change,
Recognizing the special difficulties of
those countries, especially developing countries, whose economies are
particularly dependent on fossil fuel production, use and exportation, as a
consequence of action taken on limiting greenhouse gas
emissions,
Affirming that responses to climate change should be
coordinated with social and economic development in an integrated manner with a
view to avoiding adverse impacts on the latter, taking into full account the
legitimate priority needs of developing countries for the achievement of
sustained economic growth and the eradication of
poverty,
Recognizing that all countries, especially developing
countries, need access to resources required to achieve sustainable social and
economic development and that, in order for developing countries to progress
towards that goal, their energy consumption will need to grow taking into
account the possibilities for achieving greater energy efficiency and for
controlling greenhouse gas emissions in general, including through the
application of new technologies on terms which make such an application
economically and socially beneficial,
Determined to protect the
climate system for present and future generations,
Have
agreed as follows:
For the purposes of this Convention:
1. “Adverse effects
of climate change” means changes in the physical environment or biota
resulting from climate change which have significant deleterious effects on the
composition, resilience or productivity of natural and managed ecosystems or on
the operation of socio-economic systems or on human health and
welfare.
2. “Climate change” means a change of climate which
is attributed directly or indirectly to human activity that alters the
composition of the global atmosphere and which is in addition to natural climate
variability observed over comparable time periods.
3. “Climate
system” means the totality of the atmosphere, hydrosphere, biosphere and
geosphere and their interactions.
4. “Emissions” means the
release of greenhouse gases and/or their precursors into the atmosphere over a
specified area and period of time.
5. “Greenhouse gases”
means those gaseous constituents of the atmosphere, both natural and
anthropogenic, that absorb and re-emit infrared
radiation.
6. “Regional economic integration organization”
means an organization constituted by sovereign States of a given region which
has competence in respect of matters governed by this Convention or its
protocols and has been duly authorized, in accordance with its internal
procedures, to sign, ratify, accept, approve or accede to the instruments
concerned.
7. “Reservoir” means a component or components of
the climate system where a greenhouse gas or a precursor of a greenhouse gas is
stored.
8. “Sink” means any process, activity or mechanism
which removes a greenhouse gas, an aerosol or a precursor of a greenhouse gas
from the atmosphere.
9. “Source” means any process or
activity which releases a greenhouse gas, an aerosol or a precursor of a
greenhouse gas into the atmosphere.
The ultimate objective of this Convention and any
related legal instruments that the Conference of the Parties may adopt is to
achieve, in accordance with the relevant provisions of the Convention,
stabilization of greenhouse gas concentrations in the atmosphere at a level that
would prevent dangerous anthropogenic interference with the climate system. Such
a level should be achieved within a time frame sufficient to allow ecosystems to
adapt naturally to climate change, to ensure that food production is not
threatened and to enable economic development to proceed in a sustainable
manner.
In their actions to achieve the objective of the
Convention and to implement its provisions, the Parties shall be guided,
inter alia, by the following:
1. The Parties should protect the
climate system for the benefit of present and future generations of humankind,
on the basis of equity and in accordance with their common but differentiated
responsibilities and respective capabilities. Accordingly, the developed country
Parties should take the lead in combating climate change and the adverse effects
thereof.
2. The specific needs and special circumstances of developing
country Parties, especially those that are particularly vulnerable to the
adverse effects of climate change, and of those Parties, especially developing
country Parties, that would have to bear a disproportionate or abnormal burden
under the Convention, should be given full consideration.
3. The Parties
should take precautionary measures to anticipate, prevent or minimize the causes
of climate change and mitigate its adverse effects. Where there are threats of
serious or irreversible damage, lack of full scientific certainty should not be
used as a reason for postponing such measures, taking into account that policies
and measures to deal with climate change should be cost-effective so as to
ensure global benefits at the lowest possible cost. To achieve this, such
policies and measures should take into account different socio-economic
contexts, be comprehensive, cover all relevant sources, sinks and reservoirs of
greenhouse gases and adaptation, and comprise all economic sectors. Efforts to
address climate change may be carried out cooperatively by interested
Parties.
4. The Parties have a right to, and should, promote sustainable
development. Policies and measures to protect the climate system against
human-induced change should be appropriate for the specific conditions of each
Party and should be integrated with national development programmes, taking into
account that economic development is essential for adopting measures to address
climate change.
5. The Parties should cooperate to promote a supportive
and open international economic system that would lead to sustainable economic
growth and development in all Parties, particularly developing country Parties,
thus enabling them better to address the problems of climate change. Measures
taken to combat climate change, including unilateral ones, should not constitute
a means of arbitrary or unjustifiable discrimination or a disguised restriction
on international trade.
1. All Parties, taking into account their common
but differentiated responsibilities and their specific national and regional
development priorities, objectives and circumstances, shall:
(a) Develop,
periodically update, publish and make available to the Conference of the
Parties, in accordance with Article 12, national inventories of anthropogenic
emissions by sources and removals by sinks of all greenhouse gases not
controlled by the Montreal Protocol, using comparable methodologies to be agreed
upon by the Conference of the Parties;
(b) Formulate, implement, publish
and regularly update national and, where appropriate, regional programmes
containing measures to mitigate climate change by addressing anthropogenic
emissions by sources and removals by sinks of all greenhouse gases not
controlled by the Montreal Protocol, and measures to facilitate adequate
adaptation to climate change;
(c) Promote and cooperate in the
development, application and diffusion, including transfer, of technologies,
practices and processes that control, reduce or prevent anthropogenic emissions
of greenhouse gases not controlled by the Montreal Protocol in all relevant
sectors, including the energy, transport, industry, agriculture, forestry and
waste management sectors;
(d) Promote sustainable management, and promote
and cooperate in the conservation and enhancement, as appropriate, of sinks and
reservoirs of all greenhouse gases not controlled by the Montreal Protocol,
including biomass, forests and oceans as well as other terrestrial, coastal and
marine ecosystems;
(e) Cooperate in preparing for adaptation to the
impacts of climate change; develop and elaborate appropriate and integrated
plans for coastal zone management, water resources and agriculture, and for the
protection and rehabilitation of areas, particularly in Africa, affected by
drought and desertification, as well as floods;
(f) Take climate change
considerations into account, to the extent feasible, in their relevant social,
economic and environmental policies and actions, and employ appropriate methods,
for example impact assessments, formulated and determined nationally, with a
view to minimizing adverse effects on the economy, on public health and on the
quality of the environment, of projects or measures undertaken by them to
mitigate or adapt to climate change;
(g) Promote and cooperate in
scientific, technological, technical, socio-economic and other research,
systematic observation and development of data archives related to the climate
system and intended to further the understanding and to reduce or eliminate the
remaining uncertainties regarding the causes, effects, magnitude and timing of
climate change and the economic and social consequences of various response
strategies;
(h) Promote and cooperate in the full, open and prompt
exchange of relevant scientific, technological, technical, socio-economic and
legal information related to the climate system and climate change, and to the
economic and social consequences of various response
strategies;
(i) Promote and cooperate in education, training and public
awareness related to climate change and encourage the widest participation in
this process, including that of non-governmental organizations;
and
(j) Communicate to the Conference of the Parties information related
to implementation, in accordance with Article 12.
2. The developed
country Parties and other Parties included in annex I commit themselves
specifically as provided for in the following:
(a) Each of these Parties
shall adopt national 1/ policies and take corresponding
measures on the mitigation of climate change, by limiting its anthropogenic
emissions of greenhouse gases and protecting and enhancing its greenhouse gas
sinks and reservoirs. These policies and measures will demonstrate that
developed countries are taking the lead in modifying longer-term trends in
anthropogenic emissions consistent with the objective of the Convention,
recognizing that the return by the end of the present decade to earlier levels
of anthropogenic emissions of carbon dioxide and other greenhouse gases not
controlled by the Montreal Protocol would contribute to such modification, and
taking into account the differences in these Parties’ starting points and
approaches, economic structures and resource bases, the need to maintain strong
and sustainable economic growth, available technologies and other individual
circumstances, as well as the need for equitable and appropriate contributions
by each of these Parties to the global effort regarding that objective. These
Parties may implement such policies and measures jointly with other Parties and
may assist other Parties in contributing to the achievement of the objective of
the Convention and, in particular, that of this subparagraph;
(b) In
order to promote progress to this end, each of these Parties shall communicate,
within six months of the entry into force of the Convention for it and
periodically thereafter, and in accordance with Article 12, detailed information
on its policies and measures referred to in subparagraph (a) above, as well
as on its resulting projected anthropogenic emissions by sources and removals by
sinks of greenhouse gases not controlled by the Montreal Protocol for the period
referred to in subparagraph (a), with the aim of returning individually or
jointly to their 1990 levels these anthropogenic emissions of carbon dioxide and
other greenhouse gases not controlled by the Montreal Protocol. This information
will be reviewed by the Conference of the Parties, at its first session and
periodically thereafter, in accordance with Article 7;
(c) Calculations
of emissions by sources and removals by sinks of greenhouse gases for the
purposes of subparagraph (b) above should take into account the best
available scientific knowledge, including of the effective capacity of sinks and
the respective contributions of such gases to climate change. The Conference of
the Parties shall consider and agree on methodologies for these calculations at
its first session and review them regularly thereafter;
(d) The
Conference of the Parties shall, at its first session, review the adequacy of
subparagraphs (a) and (b) above. Such review shall be carried out in the
light of the best available scientific information and assessment on climate
change and its impacts, as well as relevant technical, social and economic
information. Based on this review, the Conference of the Parties shall take
appropriate action, which may include the adoption of amendments to the
commitments in subparagraphs (a) and (b) above. The Conference of the
Parties, at its first session, shall also take decisions regarding criteria for
joint implementation as indicated in subparagraph (a) above. A second
review of subparagraphs (a) and (b) shall take place not later than
31 December 1998, and thereafter at regular intervals determined by the
Conference of the Parties, until the objective of the Convention is
met;
(e) Each of these Parties shall:
(i) coordinate as
appropriate with other such Parties, relevant economic and administrative
instruments developed to achieve the objective of the Convention;
and
(ii) identify and periodically review its own policies and practices
which encourage activities that lead to greater levels of anthropogenic
emissions of greenhouse gases not controlled by the Montreal Protocol than would
otherwise occur;
(f) The Conference of the Parties shall review, not
later than 31 December 1998, available information with a view to taking
decisions regarding such amendments to the lists in annexes I and II as may be
appropriate, with the approval of the Party concerned;
(g) Any Party not
included in annex I may, in its instrument of ratification, acceptance, approval
or accession, or at any time thereafter, notify the Depositary that it intends
to be bound by subparagraphs (a) and (b) above. The Depositary shall inform
the other signatories and Parties of any such notification.
3. The
developed country Parties and other developed Parties included in annex II shall
provide new and additional financial resources to meet the agreed full costs
incurred by developing country Parties in complying with their obligations under
Article 12, paragraph 1. They shall also provide such financial resources,
including for the transfer of technology, needed by the developing country
Parties to meet the agreed full incremental costs of implementing measures that
are covered by paragraph 1 of this Article and that are agreed between a
developing country Party and the international entity or entities referred to in
Article 11, in accordance with that Article. The implementation of these
commitments shall take into account the need for adequacy and predictability in
the flow of funds and the importance of appropriate burden sharing among the
developed country Parties.
4. The developed country Parties and other
developed Parties included in annex II shall also assist the developing country
Parties that are particularly vulnerable to the adverse effects of climate
change in meeting costs of adaptation to those adverse effects.
5. The
developed country Parties and other developed Parties included in annex II shall
take all practicable steps to promote, facilitate and finance, as appropriate,
the transfer of, or access to, environmentally sound technologies and know-how
to other Parties, particularly developing country Parties, to enable them to
implement the provisions of the Convention. In this process, the developed
country Parties shall support the development and enhancement of endogenous
capacities and technologies of developing country Parties. Other Parties and
organizations in a position to do so may also assist in facilitating the
transfer of such technologies.
6. In the implementation of their
commitments under paragraph 2 above, a certain degree of flexibility shall be
allowed by the Conference of the Parties to the Parties included in annex I
undergoing the process of transition to a market economy, in order to enhance
the ability of these Parties to address climate change, including with regard to
the historical level of anthropogenic emissions of greenhouse gases not
controlled by the Montreal Protocol chosen as a reference.
7. The extent
to which developing country Parties will effectively implement their commitments
under the Convention will depend on the effective implementation by developed
country Parties of their commitments under the Convention related to financial
resources and transfer of technology and will take fully into account that
economic and social development and poverty eradication are the first and
overriding priorities of the developing country Parties.
8. In the
implementation of the commitments in this Article, the Parties shall give full
consideration to what actions are necessary under the Convention, including
actions related to funding, insurance and the transfer of technology, to meet
the specific needs and concerns of developing country Parties arising from the
adverse effects of climate change and/or the impact of the implementation of
response measures, especially on:
(a) Small island
countries;
(b) Countries with low-lying coastal
areas;
(c) Countries with arid and semi-arid areas, forested areas and
areas liable to forest decay;
(d) Countries with areas prone to natural
disasters;
(e) Countries with areas liable to drought and
desertification;
(f) Countries with areas of high urban atmospheric
pollution;
(g) Countries with areas with fragile ecosystems, including
mountainous ecosystems;
(h) Countries whose economies are highly
dependent on income generated from the production, processing and export, and/or
on consumption of fossil fuels and associated energy-intensive products;
and
(i) Land-locked and transit countries.
Further, the Conference
of the Parties may take actions, as appropriate, with respect to this
paragraph.
9. The Parties shall take full account of the specific needs
and special situations of the least developed countries in their actions with
regard to funding and transfer of technology.
10. The Parties shall, in
accordance with Article 10, take into consideration in the implementation of the
commitments of the Convention the situation of Parties, particularly developing
country Parties, with economies that are vulnerable to the adverse effects of
the implementation of measures to respond to climate change. This applies
notably to Parties with economies that are highly dependent on income generated
from the production, processing and export, and/or consumption of fossil fuels
and associated energy-intensive products and/or the use of fossil fuels for
which such Parties have serious difficulties in switching to
alternatives.
In carrying out their commitments under
Article 4, paragraph 1 (g), the Parties shall:
(a) Support and further
develop, as appropriate, international and intergovernmental programmes and
networks or organizations aimed at defining, conducting, assessing and financing
research, data collection and systematic observation, taking into account the
need to minimize duplication of effort;
(b) Support international and
intergovernmental efforts to strengthen systematic observation and national
scientific and technical research capacities and capabilities, particularly in
developing countries, and to promote access to, and the exchange of, data and
analyses thereof obtained from areas beyond national jurisdiction;
and
(c) Take into account the particular concerns and needs of developing
countries and cooperate in improving their endogenous capacities and
capabilities to participate in the efforts referred to in subparagraphs (a)
and (b) above.
In carrying out their commitments under
Article 4, paragraph 1 (i), the Parties shall:
(a) Promote and facilitate
at the national and, as appropriate, subregional and regional levels, and in
accordance with national laws and regulations, and within their respective
capacities:
(i) the development and implementation of educational and
public awareness programmes on climate change and its
effects;
(ii) public access to information on climate change and its
effects;
(iii) public participation in addressing climate change and its
effects and developing adequate responses; and
(iv) training of
scientific, technical and managerial personnel.
(b) Cooperate in and
promote, at the international level, and, where appropriate, using existing
bodies:
(i) the development and exchange of educational and public
awareness material on climate change and its effects; and
(ii) the
development and implementation of education and training programmes, including
the strengthening of national institutions and the exchange or secondment of
personnel to train experts in this field, in particular for developing
countries.
1. A Conference of the Parties is hereby
established.
2. The Conference of the Parties, as the supreme body of
this Convention, shall keep under regular review the implementation of the
Convention and any related legal instruments that the Conference of the Parties
may adopt, and shall make, within its mandate, the decisions necessary to
promote the effective implementation of the Convention. To this end, it
shall:
(a) Periodically examine the obligations of the Parties and the
institutional arrangements under the Convention, in the light of the objective
of the Convention, the experience gained in its implementation and the evolution
of scientific and technological knowledge;
(b) Promote and facilitate the
exchange of information on measures adopted by the Parties to address climate
change and its effects, taking into account the differing circumstances,
responsibilities and capabilities of the Parties and their respective
commitments under the Convention;
(c) Facilitate, at the request of two
or more Parties, the coordination of measures adopted by them to address climate
change and its effects, taking into account the differing circumstances,
responsibilities and capabilities of the Parties and their respective
commitments under the Convention;
(d) Promote and guide, in accordance
with the objective and provisions of the Convention, the development and
periodic refinement of comparable methodologies, to be agreed on by the
Conference of the Parties, inter alia, for preparing inventories of
greenhouse gas emissions by sources and removals by sinks, and for evaluating
the effectiveness of measures to limit the emissions and enhance the removals of
these gases;
(e) Assess, on the basis of all information made available
to it in accordance with the provisions of the Convention, the implementation of
the Convention by the Parties, the overall effects of the measures taken
pursuant to the Convention, in particular environmental, economic and social
effects as well as their cumulative impacts and the extent to which progress
towards the objective of the Convention is being achieved;
(f) Consider
and adopt regular reports on the implementation of the Convention and ensure
their publication;
(g) Make recommendations on any matters necessary for
the implementation of the Convention;
(h) Seek to mobilize financial
resources in accordance with Article 4, paragraphs 3, 4 and 5, and Article
11;
(i) Establish such subsidiary bodies as are deemed necessary for the
implementation of the Convention;
(j) Review reports submitted by its
subsidiary bodies and provide guidance to them;
(k) Agree upon and adopt,
by consensus, rules of procedure and financial rules for itself and for any
subsidiary bodies;
(l) Seek and utilize, where appropriate, the services
and cooperation of, and information provided by, competent international
organizations and intergovernmental and non-governmental bodies;
and
(m) Exercise such other functions as are required for the achievement
of the objective of the Convention as well as all other functions assigned to it
under the Convention.
3. The Conference of the Parties shall, at its
first session, adopt its own rules of procedure as well as those of the
subsidiary bodies established by the Convention, which shall include
decision-making procedures for matters not already covered by decision-making
procedures stipulated in the Convention. Such procedures may include specified
majorities required for the adoption of particular decisions.
4. The
first session of the Conference of the Parties shall be convened by the interim
secretariat referred to in Article 21 and shall take place not later than one
year after the date of entry into force of the Convention. Thereafter, ordinary
sessions of the Conference of the Parties shall be held every year unless
otherwise decided by the Conference of the Parties.
5. Extraordinary
sessions of the Conference of the Parties shall be held at such other times as
may be deemed necessary by the Conference, or at the written request of any
Party, provided that, within six months of the request being communicated to the
Parties by the secretariat, it is supported by at least one-third of the
Parties.
6. The United Nations, its specialized agencies and the
International Atomic Energy Agency, as well as any State member thereof or
observers thereto not Party to the Convention, may be represented at sessions of
the Conference of the Parties as observers. Any body or agency, whether national
or international, governmental or non-governmental, which is qualified in
matters covered by the Convention, and which has informed the secretariat of its
wish to be represented at a session of the Conference of the Parties as an
observer, may be so admitted unless at least one-third of the Parties present
object. The admission and participation of observers shall be subject to the
rules of procedure adopted by the Conference of the Parties.
1. A secretariat is hereby
established.
2. The functions of the secretariat shall be:
(a) To
make arrangements for sessions of the Conference of the Parties and its
subsidiary bodies established under the Convention and to provide them with
services as required;
(b) To compile and transmit reports submitted to
it;
(c) To facilitate assistance to the Parties, particularly developing
country Parties, on request, in the compilation and communication of information
required in accordance with the provisions of the Convention;
(d) To
prepare reports on its activities and present them to the Conference of the
Parties;
(e) To ensure the necessary coordination with the secretariats
of other relevant international bodies;
(f) To enter, under the overall
guidance of the Conference of the Parties, into such administrative and
contractual arrangements as may be required for the effective discharge of its
functions; and
(g) To perform the other secretariat functions specified
in the Convention and in any of its protocols and such other functions as may be
determined by the Conference of the Parties.
3. The Conference of the
Parties, at its first session, shall designate a permanent secretariat and make
arrangements for its functioning.
1. A subsidiary body for scientific and
technological advice is hereby established to provide the Conference of the
Parties and, as appropriate, its other subsidiary bodies with timely information
and advice on scientific and technological matters relating to the Convention.
This body shall be open to participation by all Parties and shall be
multidisciplinary. It shall comprise government representatives competent in the
relevant field of expertise. It shall report regularly to the Conference of the
Parties on all aspects of its work.
2. Under the guidance of the
Conference of the Parties, and drawing upon existing competent international
bodies, this body shall:
(a) Provide assessments of the state of
scientific knowledge relating to climate change and its
effects;
(b) Prepare scientific assessments on the effects of measures
taken in the implementation of the Convention;
(c) Identify innovative,
efficient and state-of-the-art technologies and know-how and advise on the ways
and means of promoting development and/or transferring such
technologies;
(d) Provide advice on scientific programmes, international
cooperation in research and development related to climate change, as well as on
ways and means of supporting endogenous capacity-building in developing
countries; and
(e) Respond to scientific, technological and
methodological questions that the Conference of the Parties and its subsidiary
bodies may put to the body.
3. The functions and terms of reference of
this body may be further elaborated by the Conference of the
Parties.
1. A subsidiary body for implementation
is hereby established to assist the Conference of the Parties in the assessment
and review of the effective implementation of the Convention. This body shall be
open to participation by all Parties and comprise government representatives who
are experts on matters related to climate change. It shall report regularly to
the Conference of the Parties on all aspects of its work.
2. Under the
guidance of the Conference of the Parties, this body shall:
(a) Consider
the information communicated in accordance with Article 12, paragraph 1, to
assess the overall aggregated effect of the steps taken by the Parties in the
light of the latest scientific assessments concerning climate
change;
(b) Consider the information communicated in accordance with
Article 12, paragraph 2, in order to assist the Conference of the Parties in
carrying out the reviews required by Article 4, paragraph 2 (d);
and
(c) Assist the Conference of the Parties, as appropriate, in the
preparation and implementation of its decisions.
1. A mechanism for the provision of
financial resources on a grant or concessional basis, including for the transfer
of technology, is hereby defined. It shall function under the guidance of and be
accountable to the Conference of the Parties, which shall decide on its
policies, programme priorities and eligibility criteria related to this
Convention. Its operation shall be entrusted to one or more existing
international entities.
2. The financial mechanism shall have an
equitable and balanced representation of all Parties within a transparent system
of governance.
3. The Conference of the Parties and the entity or
entities entrusted with the operation of the financial mechanism shall agree
upon arrangements to give effect to the above paragraphs, which shall include
the following:
(a) Modalities to ensure that the funded projects to
address climate change are in conformity with the policies, programme priorities
and eligibility criteria established by the Conference of the
Parties;
(b) Modalities by which a particular funding decision may be
reconsidered in light of these policies, programme priorities and eligibility
criteria;
(c) Provision by the entity or entities of regular reports to
the Conference of the Parties on its funding operations, which is consistent
with the requirement for accountability set out in paragraph 1 above;
and
(d) Determination in a predictable and identifiable manner of the
amount of funding necessary and available for the implementation of this
Convention and the conditions under which that amount shall be periodically
reviewed.
4. The Conference of the Parties shall make arrangements to
implement the above-mentioned provisions at its first session, reviewing and
taking into account the interim arrangements referred to in Article 21,
paragraph 3, and shall decide whether these interim arrangements shall be
maintained. Within four years thereafter, the Conference of the Parties shall
review the financial mechanism and take appropriate measures.
5. The
developed country Parties may also provide and developing country Parties avail
themselves of, financial resources related to the implementation of the
Convention through bilateral, regional and other multilateral
channels.
1. In accordance with Article 4,
paragraph 1, each Party shall communicate to the Conference of the Parties,
through the secretariat, the following elements of information:
(a) A
national inventory of anthropogenic emissions by sources and removals by sinks
of all greenhouse gases not controlled by the Montreal Protocol, to the extent
its capacities permit, using comparable methodologies to be promoted and agreed
upon by the Conference of the Parties;
(b) A general description of steps
taken or envisaged by the Party to implement the Convention; and
(c) Any
other information that the Party considers relevant to the achievement of the
objective of the Convention and suitable for inclusion in its communication,
including, if feasible, material relevant for calculations of global emission
trends.
2. Each developed country Party and each other Party included in
annex I shall incorporate in its communication the following elements of
information:
(a) A detailed description of the policies and measures that
it has adopted to implement its commitment under Article 4, paragraphs 2 (a) and
2 (b); and
(b) A specific estimate of the effects that the policies and
measures referred to in subparagraph (a) immediately above will have on
anthropogenic emissions by its sources and removals by its sinks of greenhouse
gases during the period referred to in Article 4, paragraph 2 (a).
3. In
addition, each developed country Party and each other developed Party included
in annex II shall incorporate details of measures taken in accordance with
Article 4, paragraphs 3, 4 and 5.
4. Developing country Parties may, on a
voluntary basis, propose projects for financing, including specific
technologies, materials, equipment, techniques or practices that would be needed
to implement such projects, along with, if possible, an estimate of all
incremental costs, of the reductions of emissions and increments of removals of
greenhouse gases, as well as an estimate of the consequent
benefits.
5. Each developed country Party and each other Party included
in annex I shall make its initial communication within six months of the entry
into force of the Convention for that Party. Each Party not so listed shall make
its initial communication within three years of the entry into force of the
Convention for that Party, or of the availability of financial resources in
accordance with Article 4, paragraph 3. Parties that are least developed
countries may make their initial communication at their discretion. The
frequency of subsequent communications by all Parties shall be determined by the
Conference of the Parties, taking into account the differentiated timetable set
by this paragraph.
6. Information communicated by Parties under this
Article shall be transmitted by the secretariat as soon as possible to the
Conference of the Parties and to any subsidiary bodies concerned. If necessary,
the procedures for the communication of information may be further considered by
the Conference of the Parties.
7. From its first session, the Conference
of the Parties shall arrange for the provision to developing country Parties of
technical and financial support, on request, in compiling and communicating
information under this Article, as well as in identifying the technical and
financial needs associated with proposed projects and response measures under
Article 4. Such support may be provided by other Parties, by competent
international organizations and by the secretariat, as
appropriate.
8. Any group of Parties may, subject to guidelines adopted
by the Conference of the Parties, and to prior notification to the Conference of
the Parties, make a joint communication in fulfilment of their obligations under
this Article, provided that such a communication includes information on the
fulfilment by each of these Parties of its individual obligations under the
Convention.
9. Information received by the secretariat that is designated
by a Party as confidential, in accordance with criteria to be established by the
Conference of the Parties, shall be aggregated by the secretariat to protect its
confidentiality before being made available to any of the bodies involved in the
communication and review of information.
10. Subject to paragraph 9
above, and without prejudice to the ability of any Party to make public its
communication at any time, the secretariat shall make communications by Parties
under this Article publicly available at the time they are submitted to the
Conference of the Parties.
The Conference of the Parties shall, at
its first session, consider the establishment of a multilateral consultative
process, available to Parties on their request, for the resolution of questions
regarding the implementation of the Convention.
1. In the event of a dispute between any
two or more Parties concerning the interpretation or application of the
Convention, the Parties concerned shall seek a settlement of the dispute through
negotiation or any other peaceful means of their own choice.
2. When
ratifying, accepting, approving or acceding to the Convention, or at any time
thereafter, a Party which is not a regional economic integration organization
may declare in a written instrument submitted to the Depositary that, in respect
of any dispute concerning the interpretation or application of the Convention,
it recognizes as compulsory ipso facto and without special agreement, in
relation to any Party accepting the same obligation:
(a) Submission of
the dispute to the International Court of Justice, and/or
(b) Arbitration
in accordance with procedures to be adopted by the Conference of the Parties as
soon as practicable, in an annex on arbitration.
A Party which is a
regional economic integration organization may make a declaration with like
effect in relation to arbitration in accordance with the procedures referred to
in subparagraph (b) above.
3. A declaration made under paragraph 2
above shall remain in force until it expires in accordance with its terms or
until three months after written notice of its revocation has been deposited
with the Depositary.
4. A new declaration, a notice of revocation or the
expiry of a declaration shall not in any way affect proceedings pending before
the International Court of Justice or the arbitral tribunal, unless the parties
to the dispute otherwise agree.
5. Subject to the operation of paragraph
2 above, if after twelve months following notification by one Party to another
that a dispute exists between them, the Parties concerned have not been able to
settle their dispute through the means mentioned in paragraph 1 above, the
dispute shall be submitted, at the request of any of the parties to the dispute,
to conciliation.
6. A conciliation commission shall be created upon the
request of one of the parties to the dispute. The commission shall be composed
of an equal number of members appointed by each party concerned and a chairman
chosen jointly by the members appointed by each party. The commission shall
render a recommendatory award, which the parties shall consider in good
faith.
7. Additional procedures relating to conciliation shall be adopted
by the Conference of the Parties, as soon as practicable, in an annex on
conciliation.
8. The provisions of this Article shall apply to any
related legal instrument which the Conference of the Parties may adopt, unless
the instrument provides otherwise.
1. Any Party may propose amendments to
the Convention.
2. Amendments to the Convention shall be adopted at an
ordinary session of the Conference of the Parties. The text of any proposed
amendment to the Convention shall be communicated to the Parties by the
secretariat at least six months before the meeting at which it is proposed for
adoption. The secretariat shall also communicate proposed amendments to the
signatories to the Convention and, for information, to the
Depositary.
3. The Parties shall make every effort to reach agreement on
any proposed amendment to the Convention by consensus. If all efforts at
consensus have been exhausted, and no agreement reached, the amendment shall as
a last resort be adopted by a three-fourths majority vote of the Parties present
and voting at the meeting. The adopted amendment shall be communicated by the
secretariat to the Depositary, who shall circulate it to all Parties for their
acceptance.
4. Instruments of acceptance in respect of an amendment shall
be deposited with the Depositary. An amendment adopted in accordance with
paragraph 3 above shall enter into force for those Parties having accepted it on
the ninetieth day after the date of receipt by the Depositary of an instrument
of acceptance by at least three-fourths of the Parties to the
Convention.
5. The amendment shall enter into force for any other Party
on the ninetieth day after the date on which that Party deposits with the
Depositary its instrument of acceptance of the said amendment.
6. For the
purposes of this Article, “Parties present and voting” means Parties
present and casting an affirmative or negative vote.
1. Annexes to the Convention shall form an
integral part thereof and, unless otherwise expressly provided, a reference to
the Convention constitutes at the same time a reference to any annexes thereto.
Without prejudice to the provisions of Article 14, paragraphs 2 (b) and 7, such
annexes shall be restricted to lists, forms and any other material of a
descriptive nature that is of a scientific, technical, procedural or
administrative character.
2. Annexes to the Convention shall be proposed
and adopted in accordance with the procedure set forth in Article 15, paragraphs
2, 3, and 4.
3. An annex that has been adopted in accordance with
paragraph 2 above shall enter into force for all Parties to the Convention six
months after the date of the communication by the Depositary to such Parties of
the adoption of the annex, except for those Parties that have notified the
Depositary, in writing, within that period of their non-acceptance of the annex.
The annex shall enter into force for Parties which withdraw their notification
of non-acceptance on the ninetieth day after the date on which withdrawal of
such notification has been received by the Depositary.
4. The proposal,
adoption and entry into force of amendments to annexes to the Convention shall
be subject to the same procedure as that for the proposal, adoption and entry
into force of annexes to the Convention in accordance with paragraphs 2 and 3
above.
5. If the adoption of an annex or an amendment to an annex
involves an amendment to the Convention, that annex or amendment to an annex
shall not enter into force until such time as the amendment to the Convention
enters into force.
1. The Conference of the Parties may, at any
ordinary session, adopt protocols to the Convention.
2. The text of any
proposed protocol shall be communicated to the Parties by the secretariat at
least six months before such a session.
3. The requirements for the entry
into force of any protocol shall be established by that
instrument.
4. Only Parties to the Convention may be Parties to a
protocol.
5. Decisions under any protocol shall be taken only by the
Parties to the protocol concerned.
1. Each Party to the Convention shall have one
vote, except as provided for in paragraph 2 below.
2. Regional economic
integration organizations, in matters within their competence, shall exercise
their right to vote with a number of votes equal to the number of their member
States that are Parties to the Convention. Such an organization shall not
exercise its right to vote if any of its member States exercises its right, and
vice versa.
The Secretary-General of the United Nations shall
be the Depositary of the Convention and of protocols adopted in accordance with
Article 17.
This Convention shall be open for signature by
States Members of the United Nations or of any of its specialized agencies or
that are Parties to the Statute of the International Court of Justice and by
regional economic integration organizations at Rio de Janeiro, during the United
Nations Conference on Environment and Development, and thereafter at United
Nations Headquarters in New York from 20 June 1992 to 19 June
1993.
1. The secretariat functions referred to
in Article 8 will be carried out on an interim basis by the secretariat
established by the General Assembly of the United Nations in its resolution
45/212 of 21 December 1990, until the completion of the first session of
the Conference of the Parties.
2. The head of the interim secretariat
referred to in paragraph 1 above will cooperate closely with the
Intergovernmental Panel on Climate Change to ensure that the Panel can respond
to the need for objective scientific and technical advice. Other relevant
scientific bodies could also be consulted.
3. The Global Environment
Facility of the United Nations Development Programme, the United Nations
Environment Programme and the International Bank for Reconstruction and
Development shall be the international entity entrusted with the operation of
the financial mechanism referred to in Article 11 on an interim basis. In this
connection, the Global Environment Facility should be appropriately restructured
and its membership made universal to enable it to fulfil the requirements of
Article 11.
1. The Convention shall be subject to
ratification, acceptance, approval or accession by States and by regional
economic integration organizations. It shall be open for accession from the day
after the date on which the Convention is closed for signature. Instruments of
ratification, acceptance, approval or accession shall be deposited with the
Depositary.
2. Any regional economic integration organization which
becomes a Party to the Convention without any of its member States being a Party
shall be bound by all the obligations under the Convention. In the case of such
organizations, one or more of whose member States is a Party to the Convention,
the organization and its member States shall decide on their respective
responsibilities for the performance of their obligations under the Convention.
In such cases, the organization and the member States shall not be entitled to
exercise rights under the Convention concurrently.
3. In their
instruments of ratification, acceptance, approval or accession, regional
economic integration organizations shall declare the extent of their competence
with respect to the matters governed by the Convention. These organizations
shall also inform the Depositary, who shall in turn inform the Parties, of any
substantial modification in the extent of their competence.
1. The Convention shall enter into force on
the ninetieth day after the date of deposit of the fiftieth instrument of
ratification, acceptance, approval or accession.
2. For each State or
regional economic integration organization that ratifies, accepts or approves
the Convention or accedes thereto after the deposit of the fiftieth instrument
of ratification, acceptance, approval or accession, the Convention shall enter
into force on the ninetieth day after the date of deposit by such State or
regional economic integration organization of its instrument of ratification,
acceptance, approval or accession.
3. For the purposes of paragraphs 1
and 2 above, any instrument deposited by a regional economic integration
organization shall not be counted as additional to those deposited by States
members of the organization.
No reservations may
be made to the Convention.
1. At any time after three years from the date on
which the Convention has entered into force for a Party, that Party may withdraw
from the Convention by giving written notification to the
Depositary.
2. Any such withdrawal shall take effect upon expiry of one
year from the date of receipt by the Depositary of the notification of
withdrawal, or on such later date as may be specified in the notification of
withdrawal.
3. Any Party that withdraws from the Convention shall be
considered as also having withdrawn from any protocol to which it is a
Party.
The original of this Convention, of which the
Arabic, Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited with the Secretary-General of the United
Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to
that effect, have signed this Convention.
DONE at New York this ninth day
of May one thousand nine hundred and ninety-two.
[Signatures
omitted]
____________
* Titles of
articles are included solely to assist the reader.
1/ This
includes policies and measures adopted by regional economic integration
organizations.
Australia
Austria
Belarus
a/
Belgium
Bulgaria a/
Canada
Czechoslovakia
a/
Denmark
European Community
Estonia
a/
Finland
France
Germany
Greece
Hungary
a/
Iceland
Ireland
Italy
Japan
Latvia
a/
Lithuania a/
Luxembourg
Netherlands
New
Zealand
Norway
Poland a/
Portugal
Romania
a/
Russian Federation
a/
Spain
Sweden
Switzerland
Turkey
Ukraine
a/
United Kingdom of Great Britain and Northern Ireland
United
States of America
___________
a/ Countries that are
undergoing the process of transition to a market economy.
Australia
Austria
Belgium
Canada
Denmark
European
Community
Finland
France
Germany
Greece
Iceland
Ireland
Italy
Japan
Luxembourg
Netherlands
New
Zealand
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United
Kingdom of Great Britain and Northern Ireland
United States of
America
Trans-Tasman Mutual
Recognition Act 1997
85 Clause 3 of
Schedule 2
Omit “Ozone Protection Act 1989”, substitute
“Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
(to the extent that it deals with ozone depleting substances)”.