After " Ozone Protection ", insert " and Synthetic Greenhouse Gas Management
".
Ozone Protection Act 1989
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:
9 - (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:
19C Amendment of licence at request of licensee
- (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:
41 Montreal Protocol countries
- (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 countrythe 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:
Part VIAControls on disposal, use etc. of scheduled substances
45A Regulation of disposal, use etc. of scheduled substances
- (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.
45B Discharge of scheduled substances
- (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:
Part VIIIAOzone Protection and SGG Account
65A Definitions
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.
65B Ozone Protection and SGG Account
- (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 .
65C Amounts to be credited to the Account
- (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.
65D Purposes 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:
67A Delegation
- (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:
Part VIIIBromochloromethane
Substance
| Ozone depleting
potential
|
CH2BrCl
| 0.12
|
Part IXHFCs
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)
|
Part XPFCs
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:
Schedule 3DBeijing amendment to the Montreal Protocol
Note: See the definition of Montreal Protocol in subsection 7(1).
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
Article 1: Amendment
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
CH 2 BrCl 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.
Schedule 3EFramework Convention on Climate Change
Note: See the definition of Framework Convention on Climate Change in
subsection 7(1).
UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE
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:
ARTICLE 1
DEFIN ITIONS *
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.
ARTICLE 2
OBJEC TIVE
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.
ARTICLE 3
PRINCI PLES
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.
ARTICLE 4
COMMI TMENTS
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.
ARTICLE 5
RESEARC H AND SYSTEMATIC OBSERVATION
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.
ARTICLE 6
EDUCA TION, TRAINING AND
PUBLIC AWARENESS
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.
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
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.
ARTICLE 8
SECR ETARIAT
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.
ARTICLE 9
SUBSI DIARY BODY FOR
SCIENTIFIC AND TECHNOLOGICAL ADVICE
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.
ARTICLE 10
SUBSID IARY BODY FOR
IMPLEMENTATION
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.
ARTICLE 11
FINANCI AL MECHANISM
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.
ARTICLE 12
COMMU
NICATION OF INFORMATION RELATED TO IMPLEMENTATION
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.
ARTICLE 13
RESOLUTION OF
QUESTIONS REGARDING IMPLEMENTATION
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.
ARTICLE 14
SETTLEMENT OF D ISPUTES
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.
ARTICLE 15
AMENDMENTS T O THE CONVENTION
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.
ARTICLE 16
ADOPTION AND
AME NDMENT OF ANNEXES TO THE CONVENTION
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.
ARTICLE 17
PROT OCOLS
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.
ARTICLE 18
RIGHT T O VOTE
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.
ARTICLE 19
DEPOSITAR Y
The
Secretary-General of the United Nations shall be the Depositary of the
Convention and of protocols adopted in accordance with Article 17.
ARTICLE 20
SIGN ATURE
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.
ARTICLE
21
INTERIM
ARRANGEMENTS
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.
ARTICLE
22
R ATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION
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.
ARTICLE 23
ENTRY IN TO FORCE
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.
ARTICLE 24
RESERVA TIONS
No reservations may be made to the Convention.
ARTICLE 25
WITHDR AWAL
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.
ARTICLE 26
AUTHENT IC TEXTS
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. ANNEX I
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. ANNEX I I
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)".
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