Public International Law Volume I
Public International Law Volume I
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PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I
such
greenhouse gas, taking fully into account any
relevant decisions by the Conference of the Parties. Any
revision to a global warming potential shall apply only to
commitments
under
Article
3
in
respect
of
any
commitment period adopted subsequent to that revision.
Article 6
1. For the purpose of meeting its commitments under
Article 3, any Party included in Annex I may transfer to, or
acquire from, any other such Party emission reduction
units
resulting
from
projects
aimed
at
reducing
anthropogenic
emissions
by
sources
or
enhancing
anthropogenic removals by sinks of greenhouse gases in
any sector of the economy, provided that:
(a) Any such project has the approval of the Parties
involved;
(b) Any such project provides a reduction in emissions by
sources, or an enhancement of removals by sinks, that is
additional to any that would otherwise occur;
(c) It does not acquire any emission reduction units if it is
not in compliance with its obligations under Articles 5
and 7; and
(d) The acquisition of emission reduction units shall be
supplemental to domestic actions for the purposes of
meeting commitments under Article 3.
2. The Conference of the Parties serving as the meeting of
the Parties to this Protocol may, at its first session or as
soon
as
practicable
thereafter,
further
elaborate
guidelines
for
the
implementation
of
this
Article,
including for verification and reporting.
3. A Party included in Annex I may authorize legal entities
to participate, under its responsibility, in actions leading
to the generation, transfer or acquisition under this
Article of emission reduction units.
4. If a question of implementation by a Party included in
Annex I of the requirements referred to in this Article is
identified in accordance with the relevant provisions of
Article 8, transfers and acquisitions of emission reduction
units may continue to be made after the question has
been identified, provided that any such units may not be
used by a Party to meet its commitments under Article 3
until any issue of compliance is resolved.
Article 7
1. Each Party included in Annex I shall incorporate in its
annual inventory of anthropogenic emissions by sources
and removals by sinks of greenhouse gases not controlled
by the Montreal Protocol, submitted in accordance with
the relevant decisions of the Conference of the Parties,
the
necessary
supplementary
information
for
the
purposes of ensuring compliance with Article 3, to be
determined in accordance with paragraph 4 below.
2. Each Party included in Annex I shall incorporate in its
national communication, submitted under Article 12 of
the
Convention,
the
supplementary
information
necessary
to
demonstrate
compliance
with
its
commitments under this Protocol, to be determined in
accordance with paragraph 4 below.
3. Each Party included in Annex I shall submit the
information required under paragraph 1 above annually,
beginning
with
the
first
inventory
due
under
the
Convention for the first year of the commitment period
after this Protocol has entered into force for that Party.
Each such Party shall submit the information required
under paragraph 2 above as part of the first national
communication due under the Convention after this
Protocol has entered into force for it and after the
adoption of guidelines as provided for in paragraph 4
below.
The
frequency
of
subsequent
submission
of
information
required
under
this
Article
shall
be
determined by the Conference of the Parties serving as
the meeting of the Parties to this Protocol, taking into
account any timetable for the submission of national
communications decided upon by the Conference of the
Parties.
4. The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall adopt at its first session,
and review periodically thereafter, guidelines for the
preparation of the information required under this Article,
taking into account guidelines for the preparation of
national communications by Parties included in Annex I
adopted by the Conference of the Parties. The Conference
of the Parties serving as the meeting of the Parties to this
Protocol shall also, prior to the first commitment period,
decide upon modalities for the accounting of assigned
amounts.
Article 8
1. The information submitted under Article 7 by each
Party included in Annex I shall be reviewed by expert
review teams pursuant to the relevant decisions of the
Conference
of
the
Parties
and
in
accordance
with
guidelines adopted for this purpose by the Conference of
the Parties serving as the meeting of the Parties to this
Protocol
under
paragraph
4 below. The information
submitted under Article 7, paragraph 1, by each Party
included in Annex I shall be reviewed as part of the
annual
compilation
and
accounting
of
emissions
inventories
and
assigned
amounts.
Additionally,
the
information submitted under Article 7, paragraph 2, by
each Party included in Annex I shall be reviewed as part
of the review of communications.
2. Expert review teams shall be coordinated by the
secretariat and shall be composed of experts selected
from those nominated by Parties to the Convention and,
as appropriate, by intergovernmental organizations, in
accordance with guidance provided for this purpose by
the Conference of the Parties.
3. The review process shall provide a thorough and
comprehensive technical assessment of all aspects of the
implementation by a Party of this Protocol. The expert
review teams shall prepare a report to the Conference of
the Parties serving as the meeting of the Parties to this
Protocol ,
assessing
the
implementation
of
the
commitments of the Party and identifying any potential
problems in, and factors influencing, the fulfilment of
commitments. Such reports shall be circulated by the
secretariat to all Parties to the Convention. The secretariat
shall list those questions of implementation indicated in
such reports for further consideration by the Conference
of the Parties serving as the meeting of the Parties to this
Protocol.
4. The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall adopt at its first session,
and review periodically thereafter, guidelines for the
review of implementation of this Protocol by expert
review teams taking into account the relevant decisions
of the Conference of the Parties.
5. The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall, with the assistance of
the
Subsidiary
Body
for
Implementation
and,
as
appropriate,
the
Subsidiary
Body
for
Scientific
and
Technological Advice, consider:
(a) The information submitted by Parties under Article 7
and the reports of the expert reviews thereon conducted
under this Article; and
(b) Those questions of implementation listed by the
secretariat under paragraph 3 above, as well as any
questions raised by Parties.
6.
Pursuant
to
its
consideration
of
the
information
referred to in paragraph 5 above, the Conference of the
Parties serving as the meeting of the Parties to this
Protocol shall take decisions on any matter required for
the implementation of this Protocol.
Article 9
1. The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall periodically review this
Protocol in the light of the best available scientific
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