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United Nations Framework Convention on Climate Change. May 9, 1992.
Parties to this Convention,
Recognizing that the change of the Earth’s climate and its adverse effects are a common concern of mankind
Concerned that human activity has resulted in a substantial increase in concentrations of greenhouse gases in the atmosphere, that this increase has amplified the natural greenhouse effect, and that this would, on average, further warm the surface and atmosphere of the Earth and could adversely affect natural ecosystems and humankind
Noting that the largest share of past and current global greenhouse gas emissions 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
Considering the role and importance of sinks and reservoirs of greenhouse gases in terrestrial and marine ecosystems
Noting the numerous uncertainties of climate change projections, in particular their timing, magnitude and regional characteristics,
Recognizing 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 relevant provisions of the Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June 1972
Recalling 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 the sovereignty of States in international cooperation to respond to climate change
Recognizing that States should enact effective environmental legislation, that environmental standards, management goals and priorities should reflect the environmental and developmental aspects to which they apply and that standards applied by some countries may be inappropriate and unreasonable in terms of economic and social costs 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 the protection of global climate for present and future generations of humankind
Recalling also the provisions of General Assembly resolution 44/206 of 22 December 1989 on the possible adverse effects of sea-level rise on islands and coastal areas, especially low-lying coastal areas, and the relevant provisions of Assembly resolution 44/172 of 19 December 1989 on the implementation of the Action Plan to Combat Desertification
Recalling further the Vienna Convention for the Protection of the Ozone Layer of 1985 and the Montreal Protocol on Substances that Deplete the Ozone Layer of 1987, as revised and amended on 29 June 1990
Taking note of the Ministerial Declaration adopted on 7 November 1990 at the Second World Climate Conference
Recognizing the value of the analytical work being done by many States in the field of climate change, and the importance of the contribution of the World Meteorological Organization, the United Nations Environment Programme and other bodies, organizations and bodies of the United Nations system, and other international and intergovernmental bodies in the exchange and coordination of research findings
Recognizing that measures required to understand and address climate change will be most effective environmentally, socially and economically if they are based on relevant scientific, technical and economic considerations and are continuously reviewed in the light of new findings in these areas
Recognizing the potential for economic feasibility of the measures themselves to address climate change, as well as their potential to contribute to addressing other environmental issues
Recognizing also the need for immediate flexible measures by developed countries, as a first step, based on clear priorities, towards comprehensive response strategies at the global, national and, where agreed, regional levels, which include all greenhouse gases, giving due regard to their relative role in enhancing 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 prone 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, in particular developing countries, whose economies are particularly dependent on the production, use and export of fossil fuels, arising from measures to limit greenhouse gas emissions
Affirming that responses to climate change should be coordinated with an overall package of social and economic development measures, with a view to avoiding adverse impacts on the latter, taking fully into account the legitimate priority needs of developing countries for the achievement of sustained economic growth and the eradication of poverty
Recognizing that all countries, in particular developing countries, need access to the resources necessary to achieve sustainable social and economic development and that in order for developing countries to move towards this goal, their energy consumption must increase, taking into account opportunities for achieving greater energy efficiency and combating greenhouse gas emissions in general, including through the application of new technologies on terms that make such application economically and socially beneficial
Determined to protect the climate system for present and future generations,
Have agreed as follows:
Article 1
Definitions
For the purposes of this Convention:
1. “Adverse effects of climate change” means changes in the physical environment or biota caused by climate change that have significant adverse effects on the composition, regenerative capacity or productivity of natural and regulated ecosystems or on the functioning of social and economic systems or on human health and well-being.
2. “Climate change” means climate change that is directly or indirectly caused by human activities that cause changes in the composition of the global atmosphere and is superimposed on 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 emission of greenhouse gases and/or their precursors into the atmosphere over a specific area and over a specific time period.
Recalling also the provisions of General Assembly resolution 44/206 of 22 December 1989 on the possible adverse effects of sea-level rise on islands and coastal areas, especially low-lying coastal areas, and the relevant provisions of Assembly resolution 44/172 of 19 December 1989 on the implementation of the Action Plan to Combat Desertification
Recalling further the Vienna Convention for the Protection of the Ozone Layer of 1985 and the Montreal Protocol on Substances that Deplete the Ozone Layer of 1987, as revised and amended on 29 June 1990
Taking note of the Ministerial Declaration adopted on 7 November 1990 at the Second World Climate Conference
Recognizing the value of the analytical work being done by many States in the field of climate change, and the importance of the contribution of the World Meteorological Organization, the United Nations Environment Programme and other bodies, organizations and bodies of the United Nations system, and other international and intergovernmental bodies in the exchange and coordination of research findings
Recognizing that measures required to understand and address climate change will be most effective environmentally, socially and economically if they are based on relevant scientific, technical and economic considerations and are continuously reviewed in the light of new findings in these areas
Recognizing the potential for economic feasibility of the measures themselves to address climate change, as well as their potential to contribute to addressing other environmental issues
Recognizing also the need for immediate flexible measures by developed countries, as a first step, based on clear priorities, towards comprehensive response strategies at the global, national and, where agreed, regional levels, which include all greenhouse gases, giving due regard to their relative role in enhancing 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 prone 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, in particular developing countries, whose economies are particularly dependent on the production, use and export of fossil fuels, arising from measures to limit greenhouse gas emissions
Affirming that responses to climate change should be coordinated with an overall package of social and economic development measures, with a view to avoiding adverse impacts on the latter, taking fully into account the legitimate priority needs of developing countries for the achievement of sustained economic growth and the eradication of poverty
Recognizing that all countries, in particular developing countries, need access to the resources necessary to achieve sustainable social and economic development and that in order for developing countries to move towards this goal, their energy consumption must increase, taking into account opportunities for achieving greater energy efficiency and combating greenhouse gas emissions in general, including through the application of new technologies on terms that make such application economically and socially beneficial
Determined to protect the climate system for present and future generations,
Have agreed as follows:
Article 1
Definitions
For the purposes of this Convention:
1. “Adverse effects of climate change” means changes in the physical environment or biota caused by climate change that have significant adverse effects on the composition, regenerative capacity or productivity of natural and regulated ecosystems or on the functioning of social and economic systems or on human health and well-being.
2. “Climate change” means climate change that is directly or indirectly caused by human activities that cause changes in the composition of the global atmosphere and is superimposed on 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 emission of greenhouse gases and/or their precursors into the atmosphere over a specific area and over a specific time period.
5. “Greenhouse gases” means such gaseous constituents of the atmosphere, whether of natural or anthropogenic origin, which absorb and re-emit infrared radiation.
6. “Regional economic integration organization” means an organization established by sovereign States of a given region which has jurisdiction over the matters governed by this Convention or its Protocols and which is duly authorized, in accordance with its internal procedures, to sign, ratify, adopt, approve or accede to the instruments concerned.
7. “Accumulator” means the component or components of a climate system in which a greenhouse gas or greenhouse gas precursor accumulates.
8. “Absorber” means any process, activity, or mechanism that absorbs a greenhouse gas, aerosol, or greenhouse gas precursor from the atmosphere.
9. “Source” means any process or activity that introduces a greenhouse gas, aerosol, or greenhouse gas precursor into the atmosphere.
Article 2
Purpose
The ultimate objective of this Convention, and of all related legal instruments that the Conference of the Parties may adopt, is to achieve, pursuant to 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.
Article 3
Principles
In their activities to achieve the objective of the Convention and to implement its provisions, Parties shall be guided by, inter alia
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, developed country Parties should take the lead in combating climate change and its adverse effects.
2. The specific needs and special circumstances of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change, as well as those Parties that would have to bear a disproportionate or unsustainable burden under this Convention, especially developing country Parties, should be given full consideration.
3. 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 scientific certainty should not be used as a reason for postponing such measures, bearing in mind that policies and measures to address climate change should be cost-effective to deliver global benefits at the lowest possible cost. To this end, such policies and measures should take into account different socio-economic contexts, be comprehensive, cover all relevant sources, sinks and sinks of greenhouse gases and adaptation measures, and include all economic sectors. Efforts to respond to climate change may be undertaken jointly by interested Parties.
4. Parties have a right to, and should contribute to, sustainable development. Policies and measures to protect the climate system from anthropogenic changes should be tailored to the specific circumstances of each Party and integrated with national development programmes, since economic development is key to responding to climate change.
5. Parties should cooperate to promote a supportive and open international economic system that would lead to sustainable economic growth and development for all Parties, particularly developing country Parties, thus enabling them to better respond to the challenges of climate change. Measures taken to combat climate change, including unilateral measures, should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.
Article 4
Obligations
1. All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances
(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 the transfer of technologies, techniques and processes, leading to limitation, reduction or elimination of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol in all relevant sectors, including energy, transport, industry, agriculture, forestry and waste management
(d) Promote the sustainable use of sinks and reservoirs of all greenhouse gases not controlled by the Montreal Protocol, including biomass, forests and oceans and other terrestrial, coastal and marine ecosystems, and, as appropriate, promote and cooperate in their protection and enhancement;
(e) Cooperate in taking preparatory action to adapt to the effects of climate change; draw up and develop appropriate integrated plans for coastal zone management, water resources and agriculture, and for the protection and restoration of areas, particularly in Africa, affected by drought and desertification, and floods
(f) Where possible, take climate change considerations into account in their relevant social, economic and environmental policies and measures, and use appropriate methods, such as impact assessments, compiled and determined at the national level, to minimize adverse effects on the economy, public health and environmental quality of projects or measures they undertake to mitigate or adapt to climate change;
(g) Promote and cooperate in the conduct of scientific, technological, technical, socio-economic and other studies, systematic observations and data banks, related to the climate system, designed to improve knowledge and to reduce or remove remaining uncertainties about the causes, effects, magnitude and timing of climate change, and about the economic and social impacts 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, as well as on the economic and social impacts of various response strategies;
(i) Promote and cooperate in climate change education, training and public awareness, and encourage the broadest possible participation, including by non-governmental organizations; and
(j) In accordance with Article 12, provide the Conference of the Parties with information related to implementation.
2. Developed country Parties and other Annex I Parties shall make the following specific commitments:
(a) Each of these Parties shall pursue national policies1 and take appropriate measures to mitigate climate change by limiting its anthropogenic emissions of greenhouse gases and protecting and enhancing the quality of its sinks and reservoirs of greenhouse gases. Such policies and measures will demonstrate leadership by developed countries in changing long-term anthropogenic emissions trends in line with the objective of the Convention, recognizing that a return to the previous levels of anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol by the end of this decade would contribute to such a change, and taking into account differences in starting points and approaches among these Parties, in their economic structures and resource bases, the need to maintain high levels of anthropogenic emissions of carbon dioxide and other greenhouse gases and the need to maintain high levels of anthropogenic emissions of those countries. These Parties may implement such policies and measures jointly with other Parties and may assist other Parties in contributing to the objective of the Convention and, in particular, the objective of this subparagraph;
(b) In order to facilitate progress in this direction, each of these Parties shall, in accordance with Article 12, submit, within six months of entry into force of the Convention for it and periodically thereafter, detailed information on its policies and measures referred to in subparagraph (a) above, and on the projected anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol during the period referred to in subparagraph (a) above, with a view to individually or jointly verifying, within the period specified in subparagraph (b) above, its policies and measures. The Conference of the Parties will review this information at its first session and periodically thereafter in accordance with Article 7;
(c) The calculation of greenhouse gas emissions by sources and removals by sinks for the purposes of subparagraph (b) above shall take into account the best available scientific knowledge, including the actual sink capacity and related climate change effects of such gases. The Conference of the Parties shall consider and agree upon methodologies for such calculations at its first session and shall 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 conducted in the light of the best available scientific information and assessment of climate change and its impacts, as well as relevant technical, social and economic information. Based on such consideration, the Conference of the Parties shall take appropriate action, which may include amending the commitments set out in subparagraphs (a) and (b) above. The Conference of the Parties at its first session shall also take decisions on criteria for joint implementation as set out in subparagraph (a) above. A second review of subparagraphs (a) and (b) shall take place no later than 31 December 1998, and thereafter at regular intervals to be determined by the Conference of the Parties, until the objective of the Convention has been achieved;
(e) Each of those Parties shall:
(i) coordinate, as appropriate, with other such Parties, the 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 leading to higher levels of anthropogenic greenhouse gas emissions not controlled by the Montreal Protocol than would otherwise occur;
(f) The Conference of the Parties shall, no later than 31 December 1998, consider the information available with a view to taking decisions on such amendments to the lists in annexes I and II as may be relevant, with the agreement 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 other time thereafter, notify the Depositary of its intention to implement the obligations listed in subparagraphs (a) and (b) above. The Depositary shall inform other signatories and other Parties of any such notification.
3. Developed country’s 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 resources for technology transfer, as required by developing country Parties to meet the agreed full incremental costs of activities under Article 12, paragraph 1, of the Convention. 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 developed country Parties.
4. Developed country Parties and other developed Parties included in Annex II shall also assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation to these adverse effects.
5. Developed country Parties and other developed Parties included in Annex II shall take all practical steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologies and know-how to other Parties, especially developing country Parties, in order to enable them to implement the provisions of the Convention. In this process, developed country Parties shall support the development and enhancement of national 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 implementing its commitments under paragraph 2 above, a degree of flexibility will be allowed by the Conference of the Parties to those Annex I Parties undergoing the process of transition to a market economy in order to enhance the capacity of these Parties to address climate change, including taking into account the historical level of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol selected as the starting point.
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 relating to financial resources and technology transfer, taking full account of the fact that economic and social development and poverty eradication are the first and overriding priorities of developing country Parties.
8. In implementing the commitments contained in this Article, Parties shall give full consideration to the actions required under the Convention, including actions relating to finance, insurance and technology transfer, to address the adverse effects of climate change and/or the consequences of the implementation of response measures on the specific needs and concerns of developing country Parties, especially
(a) Small island countries;
(b) Countries with low-lying coastal areas;
(c) Countries with arid and semi-arid areas, areas covered by forests and areas experiencing forest degradation
(d) Countries with areas prone to natural disasters;
(e) Countries with areas prone to drought and desertification;
(f) Countries with areas of high atmospheric pollution in urban areas;
(g) Countries with areas of fragile ecosystems, including mountain ecosystems;
(h) Countries with economies that are highly dependent on income generated from the production, processing and export and/or consumption of fossil fuels and related energy-intensive products; and
(i) Landlocked and transit countries.
The Conference of the Parties may subsequently take action, as appropriate, with respect to this paragraph.
9. The Parties shall take full account of the specific needs and special circumstances of the least developed countries in their actions relating to funding and technology transfer.
10. 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 mainly to Parties with economies that are highly dependent on income generated from the production, processing and export and/or consumption of fossil fuels and related energy-intensive products, and/or whose use of fossil fuels presents serious difficulties to such Parties in moving to other alternatives.
Article 5
Research and systematic observation
In fulfilling their obligations under article 4, paragraph 1g, the Parties shall:
(a) Support and strengthen, as appropriate, the activities of international and intergovernmental programs and networks or organizations that have as their purpose the identification, conduct, evaluation and funding of research, data collection and systematic surveillance, 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 capabilities and capacities, particularly in developing countries, and to facilitate access to and exchange of data and analyses from areas beyond national jurisdiction; and
(c) Take into account the special interests and needs of developing countries and cooperate in strengthening their national capabilities and opportunities to participate in the efforts referred to in subparagraphs (a) and (b) above.
Article 6
Education, training and public awareness
In fulfilling their obligations under article 4, paragraph 1i, the Parties shall:
(a) At the national and, where appropriate, subregional and regional levels and in accordance with national laws and regulations and their respective capacities, promote and facilitate:
(i) The development and implementation of education and public awareness programs on climate change and its impacts;
(ii) Public access to information on climate change and its effects;
(iii) Public participation in addressing climate change and its effects and in developing appropriate responses; and
(iv) Training of scientific, technical and managerial personnel;
(b) At the international level, using existing bodies where appropriate, cooperate and assist in:
(i) The development and exchange of materials for the purposes of education and public awareness of climate change and its impacts; and
(ii) The development and implementation of education and training programs, including the strengthening of national institutions and the exchange or secondment of personnel to train experts in this field, in particular for the benefit of developing countries.
Article 7
Conference of the Parties
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 review Parties’ commitments and institutional arrangements under the Convention in light of the objective of the Convention, experience gained in its implementation, and developments in scientific and technical knowledge;
(b) Promote and facilitate the exchange of information on Parties’ responses to climate change and its impacts, taking into account the differing situations, responsibilities and capabilities of Parties and their respective commitments under the Convention;
(c) Facilitate, at the request of two or more Parties, the coordination of their response to climate change and its impacts, taking into account the differing situations, responsibilities and capabilities of Parties and their respective commitments under the Convention;
(d) Assist and guide, in accordance with the objective and the provisions of the Convention, the development and periodic refinement of comparable methodologies to be agreed by the Conference of the Parties, in particular to prepare inventories of emissions by sources and removals by sinks of greenhouse gases, and to assess the effectiveness of measures to limit emissions and enhance 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 by Parties of the Convention, the overall effects of measures taken under the Convention, in particular environmental, economic and social consequences as well as their cumulative impacts, and progress towards the objective of the Convention
(f) Consider and approve 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) Examine the reports submitted by its subsidiary bodies and supervise their activities
(k) Negotiate and adopt by consensus rules of procedure and financial rules for itself and for any subsidiary bodies;
(l) Solicit and utilize, as appropriate, the services and cooperation of competent international organizations and intergovernmental and non-governmental bodies and make use of the information provided by them; and
(m) Exercise such other functions as are necessary to achieve the purpose of the Convention, as well as all other functions conferred upon it by the Convention.
3. The Conference of the Parties shall adopt its own rules of procedure at its first session as well as those of the subsidiary bodies established by the Convention, which shall include decision-making procedures for matters not covered by decision-making procedures provided under the Convention. Such procedures may include specified majorities for specific decisions.
4. The first session of the Conference of the Parties shall be convened by the interim Secretariat referred to in Article 21 and be held no 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 once a year, unless the Conference of the Parties decides otherwise.
5. Extraordinary sessions of the Conference of the Parties shall be convened 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, at least one third of the total number of Parties shall have joined the request.
6. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State member thereof or any observer to them which is not a 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 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.[/vc_column_text][/vc_column][/vc_row]
