Section 95p. 95

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

1. A clean development mechanism is hereby defined.

2. The purpose of the clean development mechanism

shall be to assist Parties not included in Annex I in

achieving sustainable development and in contributing

to the ultimate objective of the Convention, and to assist

Parties included in Annex I in achieving compliance with

their

quantified

emission

limitation

and

reduction

commitments under Article 3.

3. Under the clean development mechanism:

(a) Parties not included in Annex I will benefit from

project

activities

resulting

in

certified

emission

reductions; and

(b) Parties included in Annex I may use the certified

emission reductions accruing from such project activities

to contribute to compliance with part of their quantified

emission limitation and reduction commitments under

Article 3, as determined by the Conference of the Parties

serving as the meeting of the Parties to this Protocol.

4. The clean development mechanism shall be subject to

the authority and guidance of the Conference of the

Parties serving as the meeting of the Parties to this

Protocol and be supervised by an executive board of the

clean development mechanism.

5.

Emission

reductions

resulting

from

each

project

activity shall be certified by operational entities to be

designated by the Conference of the Parties serving as

the meeting of the Parties to this Protocol, on the basis of:

(a)

Voluntary

participation

approved

by

each

Party

involved;

(b) Real, measurable, and long-term benefits related to

the mitigation of climate change; and

(c) Reductions in emissions that are additional to any that

would occur in the absence of the certified project

activity.

6. The clean development mechanism shall assist in

arranging

funding

of

certified

project

activities

as

necessary.

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

the Parties to this Protocol shall, at its first session,

elaborate modalities and procedures with the objective of

ensuring

transparency,

efficiency

and

accountability

through independent auditing and verification of project

activities.

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

the Parties to this Protocol shall ensure that a share of the

proceeds from certified project activities is used to cover

administrative expenses as well as to assist developing

country Parties that are particularly vulnerable to the

adverse effects of climate change to meet the costs of

adaptation.

9.

Participation

under

the

clean

development

mechanism,

including

in

activities

mentioned

in

paragraph 3(a) above and in the acquisition of certified

emission reductions, may involve private and/or public

entities, and is to be subject to whatever guidance may

be

provided

by

the

executive

board

of

the

clean

development mechanism.

10. Certified emission reductions obtained during the

period from the year 2000 up to the beginning of the first

commitment period can be used to assist in achieving

compliance in the first commitment period.

Article 13

1. The Conference of the Parties, the supreme body of the

Convention, shall serve as the meeting of the Parties to

this Protocol.

2. Parties to the Convention that are not Parties to this

Protocol may participate as observers in the proceedings

of any session of the Conference of the Parties serving as

the meeting of the Parties to this Protocol. When the

Conference of the Parties serves as the meeting of the

Parties to this Protocol, decisions under this Protocol shall

be taken only by those that are Parties to this Protocol.

3. When the Conference of the Parties serves as the

meeting of the Parties to this Protocol, any member of

the Bureau of the Conference of the Parties representing

a Party to the Convention but, at that time, not a Party to

this Protocol, shall be replaced by an additional member

to be elected by and from amongst the Parties to this

Protocol.

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

the Parties to this Protocol shall keep under regular

review the implementation of this Protocol and shall

make, within its mandate, the decisions necessary to

promote its effective implementation. It shall perform the

functions assigned to it by this Protocol and shall:

(a) Assess, on the basis of all information made available

to it in accordance with the provisions of this Protocol, the

implementation of this Protocol by the Parties, the overall

effects of the measures taken pursuant to this Protocol, 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;

(b) Periodically examine the obligations of the Parties

under this Protocol, giving due consideration to any

reviews required by Article 4, paragraph 2(d), and Article

7, paragraph 2, of 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, and in this respect consider

and adopt regular reports on the implementation of this

Protocol;

(c) 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 this

Protocol;

(d) 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

this Protocol;

(e) Promote and guide, in accordance with the objective

of the Convention and the provisions of this Protocol, and

taking fully into account the relevant decisions by the

Conference of the Parties, the development and periodic

refinement

of

comparable

methodologies

for

the

effective implementation of this Protocol, to be agreed on

by the Conference of the Parties serving as the meeting

of the Parties to this Protocol;

(f) Make recommendations on any matters necessary for

the implementation of this Protocol;

(g) Seek to mobilize additional financial resources in

accordance with

Article 11, paragraph 2;

(h)

Establish such subsidiary bodies as are deemed

necessary for the implementation of this Protocol;

(i) Seek and utilize, where appropriate, the services and

cooperation of, and information provided by, competent

international organizations and intergovernmental and

non-governmental bodies; and

(j) Exercise such other functions as may be required for

the implementation of this Protocol, and consider any

assignment resulting from a decision by the Conference

of the Parties.

5. The rules of procedure of the Conference of the Parties

and financial procedures applied under the Convention

shall be applied mutatis mutandis under this Protocol,

except as may be otherwise decided by consensus by the

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