Section 92p. 92

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

to the percentage inscribed for it in Annex B of its

aggregate

anthropogenic

carbon

dioxide

equivalent

emissions of the greenhouse gases listed in Annex A in

1990, or the base year or period determined in accordance

with paragraph 5 above, multiplied by five. Those Parties

included in Annex I for whom land-use change and

forestry constituted a net source of greenhouse gas

emissions in 1990 shall include in their 1990 emissions

base year or period the aggregate anthropogenic carbon

dioxide equivalent emissions by sources minus removals

by sinks in 1990 from land-use change for the purposes of

calculating their assigned amount.

8. Any Party included in Annex I may use 1995 as its base

year

for

hydrofluorocarbons,

perfluorocarbons

and

sulphur hexafluoride, for the purposes of the calculation

referred to in paragraph 7 above.

9.

Commitments

for

subsequent

periods for Parties

included in Annex I shall be established in amendments

to Annex B to this Protocol, which shall be adopted in

accordance with the provisions of Article 21, paragraph 7.

The Conference of the Parties serving as the meeting of

the Parties to this Protocol shall initiate the consideration

of such commitments at least seven years before the end

of the first commitment period referred to in paragraph 1

above.

10. Any emission reduction units, or any part of an

assigned amount, which a Party acquires from another

Party in accordance with the provisions of Article 6 or of

Article 17 shall be added to the assigned amount for the

acquiring Party.

11. Any emission reduction units, or any part of an

assigned amount, which a Party transfers to another

Party in accordance with the provisions of Article 6 or of

Article 17 shall be subtracted from the assigned amount

for the transferring Party.

12.

Any

certified emission reductions which a Party

acquires from another Party in accordance with the

provisions of Article 12 shall be added to the assigned

amount for the acquiring Party.

13. If the emissions of a Party included in Annex I in a

commitment period are less than its assigned amount

under this Article, this difference shall, on request of that

Party, be added to the assigned amount for that Party for

subsequent commitment periods.

14.

Each

Party

included

in

Annex

I

shall

strive

to

implement the commitments mentioned in paragraph 1

above in such a way as to minimize adverse social,

environmental and economic impacts on developing

country Parties, particularly those identified in Article 4,

paragraphs 8 and 9, of the Convention. In line with

relevant decisions of the Conference of the Parties on the

implementation of those paragraphs, the Conference of

the Parties serving as the meeting of the Parties to this

Protocol shall, at its first session, consider what actions

are necessary to minimize the adverse effects of climate

change and/or the impacts of response measures on

Parties referred to in those paragraphs. Among the issues

to be considered shall be the establishment of funding,

insurance and transfer of technology.

Article 4

1. Any Parties included in Annex I that have reached an

agreement to fulfil their commitments under Article 3

jointly, shall be deemed to have met those commitments

provided

that

their

total

combined

aggregate

anthropogenic carbon dioxide equivalent emissions of

the greenhouse gases listed in Annex A do not exceed

their assigned amounts calculated pursuant to their

quantified

emission

limitation

and

reduction

commitments inscribed in Annex B and in accordance

with the provisions of Article 3. The respective emission

level allocated to each of the Parties to the agreement

shall be set out in that agreement.

2. The Parties to any such agreement shall notify the

secretariat of the terms of the agreement on the date of

deposit of their instruments of ratification, acceptance or

approval

of

this

Protocol,

or

accession

thereto. The

secretariat shall in turn inform the Parties and signatories

to the Convention of the terms of the agreement.

3. Any such agreement shall remain in operation for the

duration of the commitment period specified in Article 3,

paragraph 7.

4. If Parties acting jointly do so in the framework of, and

together

with,

a

regional

economic

integration

organization, any alteration in the composition of the

organization after adoption of this Protocol shall not

affect existing commitments under this Protocol. Any

alteration in the composition of the organization shall

only apply for the purposes of those commitments under

Article 3 that are adopted subsequent to that alteration.

5. In the event of failure by the Parties to such an

agreement

to

achieve their total combined level of

emission reductions, each Party to that agreement shall

be responsible for its own level of emissions set out in the

agreement.

6. If Parties acting jointly do so in the framework of, and

together

with,

a

regional

economic

integration

organization which is itself a Party to this Protocol, each

member State of that regional economic integration

organization individually, and together with the regional

economic integration organization acting in accordance

with Article 24, shall, in the event of failure to achieve the

total

combined

level

of

emission

reductions,

be

responsible

for

its

level

of

emissions as notified in

accordance with this Article.

Article 5

1. Each Party included in Annex I shall have in place, no

later

than

one

year

prior

to

the

start

of

the first

commitment period, a national system for the estimation

of anthropogenic emissions by sources and removals by

sinks of all greenhouse gases not controlled by the

Montreal Protocol. Guidelines for such national systems,

which shall incorporate the methodologies specified in

paragraph

2

below,

shall

be

decided

upon

by the

Conference of the Parties serving as the meeting of the

Parties to this Protocol at its first session.

2. Methodologies for estimating anthropogenic emissions

by sources and removals by sinks of all greenhouse gases

not controlled by the Montreal Protocol shall be those

accepted by the Intergovernmental Panel on Climate

Change and agreed upon by the Conference of the

Parties at its third session. Where such methodologies are

not

used,

appropriate

adjustments

shall

be applied

according

to

methodologies

agreed

upon

by

the

Conference of the Parties serving as the meeting of the

Parties to this Protocol at its first session. Based on the

work

of,

inter

alia , the Intergovernmental Panel on

Climate Change and advice provided by the Subsidiary

Body

for

Scientific

and

Technological

Advice,

the

Conference of the Parties serving as the meeting of the

Parties to this Protocol shall regularly review and, as

appropriate, revise such methodologies and adjustments,

taking fully into account any relevant decisions by the

Conference of the Parties. Any revision to methodologies

or adjustments shall be used only for the purposes of

ascertaining

compliance

with

commitments

under

Article 3 in respect of any commitment period adopted

subsequent to that revision.

3. The global warming potentials used to calculate the

carbon dioxide equivalence of anthropogenic emissions

by sources and removals by sinks of greenhouse gases

listed

in

Annex

A

shall

be

those

accepted

by the

Intergovernmental Panel on Climate Change and agreed

upon by the Conference of the Parties at its third session.

Based on the work of, inter alia , the Intergovernmental

Panel on Climate Change and advice provided by the

Subsidiary Body for Scientific and Technological Advice,

the Conference of the Parties serving as the meeting of

the Parties to this Protocol shall regularly review and, as

appropriate, revise the global warming potential of each

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