Section 96p. 96

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Conference of the Parties serving as the meeting of the

Parties to this Protocol.

6. The first session of the Conference of the Parties

serving as the meeting of the Parties to this Protocol shall

be convened by the secretariat in conjunction with the

first session of the Conference of the Parties that is

scheduled after the date of the entry into force of this

Protocol. Subsequent ordinary sessions of the Conference

of the Parties serving as the meeting of the Parties to this

Protocol shall be held every year and in conjunction with

ordinary sessions of the Conference of the Parties, unless

otherwise decided by the Conference of the Parties

serving as the meeting of the Parties to this Protocol.

7. Extraordinary sessions of the Conference of the Parties

serving as the meeting of the Parties to this Protocol shall

be held at such other times as may be deemed necessary

by the Conference of the Parties serving as the meeting

of the Parties to this Protocol, 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.

8. 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 serving as the

meeting of the Parties to this Protocol as observers. Any

body

or

agency,

whether

national

or

international,

governmental or non-governmental, which is qualified in

matters covered by this Protocol and which has informed

the secretariat of its wish to be represented at a session of

the Conference of the Parties serving as the meeting of

the Parties to this Protocol 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, as referred to in

paragraph 5 above.

Article 14

1.

The

secretariat

established

by

Article

8

of

the

Convention shall serve as the secretariat of this Protocol.

2. Article 8, paragraph 2, of the Convention on the

functions of the secretariat, and

Article

8,

paragraph

3,

of

the

Convention

on

arrangements

made

for

the

functioning

of

the

secretariat, shall apply mutatis mutandis to this Protocol.

The secretariat shall, in addition, exercise the functions

assigned to it under this Protocol.

Article 15

1. The Subsidiary Body for Scientific and Technological

Advice and the Subsidiary Body for Implementation

established by Articles 9 and 10 of the Convention shall

serve as, respectively, the Subsidiary Body for Scientific

and Technological Advice and the Subsidiary Body for

Implementation of this Protocol. The provisions relating

to

the

functioning

of

these

two

bodies

under the

Convention shall apply mutatis mutandis to this Protocol.

Sessions of the meetings of the Subsidiary Body for

Scientific and Technological Advice and the Subsidiary

Body for Implementation of this Protocol shall be held in

conjunction

with

the

meetings

of,

respectively,

the

Subsidiary Body for Scientific and Technological Advice

and the Subsidiary Body for Implementation of the

Convention.

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

Protocol may participate as observers in the proceedings

of

any

session

of

the

subsidiary bodies. When the

subsidiary bodies serve as the subsidiary bodies of this

Protocol, decisions under this Protocol shall be taken only

by those that are Parties to this Protocol.

3. When the subsidiary bodies established by Articles 9

and 10 of the Convention exercise their functions with

regard to matters concerning this Protocol, any member

of the Bureaux of those subsidiary bodies 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.

Article 16

The Conference of the Parties serving as the meeting of

the Parties to this Protocol shall, as soon as practicable,

consider the application to this Protocol of, and modify as

appropriate, the multilateral consultative process referred

to in Article 13 of the Convention, in the light of any

relevant decisions that may be taken by the Conference

of the Parties. Any multilateral consultative process that

may be applied to this Protocol shall operate without

prejudice to the procedures and mechanisms established

in accordance with Article 18.

Article 17

The Conference of the Parties shall define the relevant

principles, modalities, rules and guidelines, in particular

for verification, reporting and accountability for emissions

trading. The Parties included in Annex B may participate

in emissions trading for the purposes of fulfilling their

commitments under Article 3. Any such trading shall be

supplemental to domestic actions for the purpose of

meeting quantified emission limitation and reduction

commitments under that Article.

Article 18

The Conference of the Parties serving as the meeting of

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

approve

appropriate

and

effective

procedures

and

mechanisms

to

determine

and to address cases of

non-compliance with the provisions of this Protocol,

including through the development of an indicative list of

consequences,

taking

into

account

the

cause, type,

degree

and

frequency

of

non-compliance.

Any

procedures and mechanisms under this Article entailing

binding consequences shall be adopted by means of an

amendment to this Protocol.

Article 19

The

provisions

of

Article

14

of

the

Convention

on

settlement of disputes shall apply mutatis mutandis to

this Protocol.

Article 20

1. Any Party may propose amendments to this Protocol.

2. Amendments to this Protocol shall be adopted at an

ordinary session of the Conference of the Parties serving

as the meeting of the Parties to this Protocol. The text of

any

proposed amendment to this Protocol 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 the text

of

any

proposed

amendments

to

the

Parties

and

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

this

Protocol

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 this Protocol.

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.

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