Section 91p. 91

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(a)

Implement

and/or

further elaborate policies and

measures in accordance with its national circumstances,

such as:

(i) Enhancement of energy efficiency in relevant sectors

of the national economy;

(ii) Protection and enhancement of sinks and reservoirs of

greenhouse

gases

not

controlled

by

the

Montreal

Protocol, taking into account its commitments under

relevant

international

environmental

agreements;

promotion of sustainable forest management practices,

afforestation and reforestation;

(iii) Promotion of sustainable forms of agriculture in light

of climate change considerations;

(iv)

Research

on,

and

promotion,

development

and

increased use of, new and renewable forms of energy, of

carbon

dioxide

sequestration

technologies

and

of

advanced

and

innovative

environmentally

sound

technologies;

(v)

Progressive

reduction

or

phasing out of market

imperfections, fiscal incentives, tax and duty exemptions

and subsidies in all greenhouse gas emitting sectors that

run counter to the objective of the Convention and

application of market instruments;

(vi) Encouragement of appropriate reforms in relevant

sectors aimed at promoting policies and measures which

limit

or

reduce

emissions of greenhouse gases not

controlled by the Montreal Protocol;

(vii)

Measures

to

limit

and/or

reduce

emissions

of

greenhouse

gases

not

controlled

by

the

Montreal

Protocol in the transport sector;

(viii) Limitation and/or reduction of methane emissions

through recovery and use in waste management, as well

as in the production, transport and distribution of energy;

(b) Cooperate with other such Parties to enhance the

individual and combined effectiveness of their policies

and measures adopted under this Article, pursuant to

Article 4, paragraph 2(e)(i), of the Convention. To this end,

these Parties shall take steps to share their experience

and

exchange

information

on

such

policies

and

measures, including developing ways of improving their

comparability,

transparency

and

effectiveness.

The

Conference of the Parties serving as the meeting of the

Parties to this Protocol shall, at its first session or as soon

as practicable thereafter, consider ways to facilitate such

cooperation, taking into account all relevant information.

2. The Parties included in Annex I shall pursue limitation

or

reduction

of emissions of greenhouse gases not

controlled by the Montreal Protocol from aviation and

marine bunker fuels, working through the International

Civil Aviation Organization and the International Maritime

Organization, respectively.

3.

The

Parties

included

in

Annex

I

shall

strive

to

implement policies and measures under this Article in

such a way as to minimize adverse effects, including the

adverse effects of climate change, effects on international

trade, and social, environmental and economic impacts

on other Parties, especially developing country Parties

and in particular those identified in Article 4, paragraphs

8 and 9, of the Convention, taking into account Article 3 of

the Convention. The Conference of the Parties serving as

the meeting of the Parties to this Protocol may take

further

action,

as

appropriate,

to

promote

the

implementation of the provisions of this paragraph.

4. The Conference of the Parties serving as the meeting of

the Parties to this Protocol, if it decides that it would be

beneficial to coordinate any of the policies and measures

in paragraph 1(a) above, taking into account different

national

circumstances

and

potential

effects,

shall

consider ways and means to elaborate the coordination

of such policies and measures.

Article 3

1. The Parties included in Annex I shall, individually or

jointly, ensure that their aggregate anthropogenic carbon

dioxide equivalent emissions of the greenhouse gases

listed in Annex A do not exceed their assigned amounts,

calculated

pursuant

to

their

quantified

emission

limitation

and

reduction

commitments

inscribed

in

Annex B and in accordance with the provisions of this

Article, with a view to reducing their overall emissions of

such gases by at least 5 per cent below 1990 levels in the

commitment period 2008 to 2012.

2. Each Party included in Annex I shall, by 2005, have

made

demonstrable

progress

in

achieving

its

commitments under this Protocol.

3. The net changes in greenhouse gas emissions by

sources and removals by sinks resulting from direct

human-induced land-use change and forestry activities,

limited to afforestation, reforestation and deforestation

since 1990, measured as verifiable changes in carbon

stocks in each commitment period, shall be used to meet

the

commitments

under

this

Article

of

each

Party

included in Annex I. The greenhouse gas emissions by

sources and removals by sinks associated with those

activities shall be reported in a transparent and verifiable

manner and reviewed in accordance with Articles 7 and 8.

4. Prior to the first session of the Conference of the

Parties serving as the meeting of the Parties to this

Protocol, each Party included in Annex I shall provide, for

consideration by the Subsidiary Body for Scientific and

Technological Advice, data to establish its level of carbon

stocks in 1990 and to enable an estimate to be made of its

changes

in

carbon stocks in subsequent years. The

Conference of the Parties serving as the meeting of the

Parties to this Protocol shall, at its first session or as soon

as practicable thereafter, decide upon modalities, rules

and

guidelines

as

to

how,

and

which,

additional

human-induced

activities

related

to

changes

in

greenhouse gas emissions by sources and removals by

sinks in the agricultural soils and the land-use change

and forestry categories shall be added to, or subtracted

from, the assigned amounts for Parties included in Annex

I,

taking

into

account uncertainties, transparency in

reporting, verifiability, the methodological work of the

Intergovernmental Panel on Climate Change, the advice

provided

by

the

Subsidiary

Body

for

Scientific and

Technological Advice in accordance with Article 5 and the

decisions

of

the

Conference

of the Parties. Such a

decision

shall

apply

in the second and subsequent

commitment periods. A Party may choose to apply such a

decision on these additional human-induced activities for

its first commitment period, provided that these activities

have taken place since 1990.

5. The Parties included in Annex I undergoing the process

of transition to a market economy whose base year or

period was established pursuant to decision 9/CP.2 of the

Conference of the Parties at its second session shall use

that base year or period for the implementation of their

commitments

under

this

Article.

Any

other

Party

included in Annex I undergoing the process of transition

to a market economy which has not yet submitted its first

national

communication

under

Article

12

of

the

Convention may also notify the Conference of the Parties

serving as the meeting of the Parties to this Protocol that

it intends to use an historical base year or period other

than 1990 for the implementation of its commitments

under this Article. The Conference of the Parties serving

as the meeting of the Parties to this Protocol shall decide

on the acceptance of such notification.

6. Taking into account Article 4, paragraph 6, of the

Convention, in the implementation of their commitments

under this Protocol other than those under this Article, a

certain

degree of flexibility shall be allowed by the

Conference of the Parties serving as the meeting of the

Parties to this Protocol to the Parties included in Annex I

undergoing

the

process

of

transition

to

a

market

economy.

7. In the first quantified emission limitation and reduction

commitment period, from 2008 to 2012, the assigned

amount for each Party included in Annex I shall be equal

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