Understanding the UN Framework Convention on Climate Change ____________

1. Understanding the UN Framework Convention on Climate Change ____________ M. J. Mace 17 June 2010 Stakeholder Forum London

2. Overview • History and overview of Key Provisions • Implementing Bodies • Negotiating Process • Status of Negotiating Process • Ways to Impact the Process

3. I. History: the UN Framework Convention and Kyoto Protocol

4. Life Cycle of a multilateral environmental agreement • Negotiation – INCs, PrepComs • Adoption • Deposit of text with Sec. General of the UN • Circulation of Depository Notification • Treaty opened for signature/ratification • Treaty closes for signature • Entry into force • Accession to treaty possible • Conferences of the Parties • Adoption of amendments, protocols to the treaty

5. Bangkok 2009

6. Treaty Evolution • Complex issues, evolve over time • Flexibility must be built in • Regime evolves through COP and COP/MOP decisions, SBI and SBSTA conclusions, treaty amendments, annexes • New agreements or Protocols, e.g.: • 1997 Kyoto Protocol • Copenhagen? Cancun?

7. History of Negotiations IPCC 1988 1990 First Assessment Report INC 1990 1990-95 Intergovernmental Negotiating Committee UNFCCC 1992 Rio UNFCCC opened for signature UNFCCC 1994 -------- Entry into Force COP 1 1995 Berlin “Berlin Mandate” (launched KP negs) COP 2 1996 Geneva COP 3 1997 Kyoto Kyoto Protocol adopted COP 4 1998 Buenos Aires Buenos Aires Plan of Action (on rules) COP 5 1999 Bonn COP 6 2000 The Hague COP 6 bis 2000 Bonn Bonn Agreements (core elements) COP7 2001 Marrakech Marrakech Accords (KP rulebook) COP 8 2002 New Delhi Delhi Declaration COP 9 2003 Milan COP 10 2004 Buenos Aires Buenos Aires Programme of Action on Adaptation and Response Measures Kyoto Protocol 2005 ------- Entry into Force COP 11 /MOP1 2005 Montreal First Meeting of the Parties to the KP COP 12 /MOP2 2006 Nairobi Second MOP – Review of the Protocol COP 13 /MOP3 2007 Bali Third MOP – “Bali Action Plan” COP 14/MOP 4 2008 Poznan Fourth MOP COP 15/MOP 5 2009 Copenhagen Post-2012 Agreement - failed COP 16/MOP 6 2010 Cancun Post-2012 Agreement?

8. UNFCCC and Kyoto Goals • UNFCCC:Annex I Parties aim to return individually or jointly their greenhouse gas emissions to • 1990 levels by 2000(Art. 4) • Kyoto Protocol:Annex I Parties to reduce overall emissions by at least • 5% below 1990 levels by 2008-2012(Art. 3)

9. Country categories • Annex I (developed countries) • Annex II (wealthier developed) • Economies in Transition (EITs) • Non-Annex I (developing) • Least Developed Countries (48) • Small Island Developing States (40+) • Others – 132 in total

10. UN Framework Convention on Climate Change • Objective: Achieve stabilization of greenhouse gas concentrations at a levelthat prevents dangerous anthropogenic interference with the climate system. • in a timeframe sufficient to allow ecosystems to adapt naturally, to ensure food production not threatened and to enable economic development to proceed in a sustainable manner

11. UNFCCC Definitions - Article 1 • “Climate change” - a change of climate attributed directly or indirectly to human activitythat alters the composition of the global atmosphere and which is in addition to natural climate variability. • “Emissions” - release of greenhouse gases and/or their precursors into the atmosphere over a specified area and period of time. • “Reservoir” - component or components of the climate system where a greenhouse gas or a precursor of a greenhouse gas is stored. • “Sink” - any process, activity or mechanism which removesa GHG, an aerosol or a precursor of a GHG from the atmosphere. • “Source” - any process or activity which releases a GHG, an aerosol or a precursor of a GHG into the atmosphere. Concept of net emissions – sources (emissions) less sinks (removals)

12. Developed and Developing Country Commitments Differentiated commitments on • Mitigation • Adaptation • Reporting to COP

13. UNFCCC CommitmentsArticle 4 • 4.1 – Commitments for all Parties • mitigation • adaptation • reporting • 4.3 – Funding for developing countries • 4.4 – Funding for particularly vulnerable developing countries • 4.5 – Technology Transfer • 4.7 – Links commitments to funding and TT • 4.8 – Actions for developing countries • 4.9 – Actions to consider special needs of LDCs

14. Mitigation Obligations • develop GHG inventories- 4.1(a) • formulate national and regional programmes containing mitigation and adaptation measures - 4.1(b) • cooperate in development and transfer of technology in all relevant sectors that reduce or prevent emissions 4.1(c) • promote sustainable management of sinks - 4.1(d) • take climate change into consideration in social, economic and environmental policies - 4.1(f)

15. Adaptation Obligations • formulate national and regional programmes containing mitigation and adaptation measures 4.1(b) • cooperate in preparing for adaptation; develop integrated plans for coastal zone management, water resources and agriculture and for the protection of areas affected by drought and flood 4.1(e) • take climate change into consideration in social, economic and environmental policies (4.1(f))

16. Reporting Obligations • National communications to the COP, reporting on implementation (Art. 4 (j)) • National inventory of GHGs by sources and sinks • Steps taken or envisaged to implement the Convention • Staggered timeframes for different groups of countries

17. Obligations on Information Gathering and Dissemination • promote and cooperate in scientific research, systematic observation, development of data archives (4.1(g) / Art. 5) • promote and cooperate in education, training and public awareness related to climate change (4.1(i) / Art. 6)

18. Funding Obligations under the UNFCCC Article 4.3: Developed country Parties shall • “provide new and additional financial resources” to meet developing country costsinreporting on national needs • “provide such financial resources needed by developing country Parties to meet the agreed full incremental costs” of implementing planning and measures (under Art. 4.1) Article 4.4: Developed country Parties shall • “also assist the developing country parties that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation to those adverse effects.” Article 12: • All parties must submit national communications, detailing adaptation and mitigation efforts • Vulnerability and adaptation assessment, but limited funds provided for this assessment

19. Kyoto Protocol then adds… • Annex I UNFCCC (Developed) Countries commit to reduce their aggregate emissions by at least 5 percent below 1990 levels between 2008 and 2012 • Quantified Emission Limitation or Reduction Commitments (QELRCs) for each Annex I Party • Commitments set out in Annex B of the Kyoto Protocol • Assigned Amount Units (AAUs) (budgets for allowed emissions over a commitment period) • Covered “basket” of 6 gases • Flexible mechanisms

20. Annex B Countries and their emission targets

21. Original division of assigned amounts if US had participated

22. Kyoto Protocol Flexibility Mechanisms • Three: • Joint Implementation (Art. 6) • Clean Development Mechanism (Art. 12) • Emissions Trading (Art. 17 KP) • Do NOT reduce global emissions • but create flexibility WHERE and by WHOM reductions are made – optimizing the use of cheap reduction options • Use of CDM increases total allowed domestic emissions in Annex I; projects in developing countries generate credits to offset emissions in developed countries

23. Kyoto Protocol: Flexibility 3 “Flexible” Mechanisms: Joint Implementation Article 6 (ERUs) Clean Development Mechanism Article 12 (CERs) Emissions Trading Article 17 (AAUs) A1 A1 A1 A1 NA1 A1 A1 A1

24. III. Implementing Bodies

25. UNFCCC and Kyoto Protocol Bodies

26. A. Subsidiary Body on Implementation (SBI) Mandate under Article 10: • Assist the Parties in the assessment and review of the effective implementation of the Convention • Consider information from all Parties on their emissions inventories and on their steps taken to implement the Convention reported in national communications “to assess the overall aggregated effect of the steps taken by Parties in the light of the latest scientific assessments concerning climate change” • Consider information submitted by Parties through national communications

27. B. Subsidiary Body on Scientific and Technological Advice(SBSTA) Mandate under Article 9: • To provide COP and other subsidiary bodies with timely information and advice on scientific and technological matters • Prepare scientific assessments on the effects of measures taken in the implementation of the Convention • Identify innovative, efficient and state of the art technologies • Provide advice on scientific programmes and international cooperation on R&D

28. 3 Expert Groups created by COP decision • Consultative Group of Experts on Non-Annex I Communications (CGE) • Expert Group on Technology Transfer (EGTT) • Least Developed Countries Expert Group (LEG) • Limited membership • All assist with reporting or implementation

29. 1. Mandate of the Consultative Group of Experts on Non-Annex I National Communications (CGE) • To improve the preparation of national communications from developing countries • To examine technical problems and constraints • To provide inputs to ongoing review and implementation of the guidelines • To review existing activities and programmes • 8/CP.5 • Membership of CGE: 15 developing countries, 6 Annex I parties, 3 international organisations

30. 2. Mandate of the Expert Group on Technology Transfer (EGTT) • To facilitate and support financial, institutional and methodological activities • To enhance coordination of stakeholders and engage stakeholders in cooperative efforts • To accelerate transfer of technologies • 4/CP.7 and 3/CP.13 (terms of reference) • Membership of EGTT: • 9 developing countries, 1 small island state, 7 Annex I parties, 3 international organisations

31. 3. Mandate of Least Developed Countries Expert Group (LEG) • To advise LDCs on the preparation and implementation strategy for NAPAs • To provide technical assistance in identifying data and information for synthesis • To advise on capacity building needs • 29/CP.7, 7/CP.9, 4/CP.11, 8/CP.13 • Membership of LEG: • 5 experts from African LDCs, 2 from Asian LDCs, 2 from small island states, 3 from Annex II parties

32. Constituted Bodies under the Kyoto Protocol • Clean Development Mechanism Executive Board (CDM EB) • Joint Implementation Supervisory Committee (JISC) • Compliance Committee (CC) • Adaptation Fund Board (AFB) • All assist with emissions trading and compliance; Adaptation Fund receives a share of the proceeds of CDM projects • All meet inter-sessionally

33. Mandate of the CDM Executive Board (EB) • Day to day operation of the CDM • including accreditation of operational entities • approval of methodologies • Applies decision 17/CP.7, ‘Modalities and procedures for a clean development mechanism as defined in Article 12 of the Kyoto Protocol’ • Issues certified emission reduction units (CERs) • Membership: 10 members (plus alternates), 1 from each of five UN regions, one small island State, two developing countries, 2 Annex I

34. Mandate of the Joint Implementation Supervisory Committee (JISC) • Verifies emission reduction units (ERUs) transferred and acquired under Article 6, in host countries that are not fully meeting eligibility reqs relating to methodological and reporting obligations • Decision 9/CMP.1 , ‘Guidelines for the Implementation of Article 6 of the Kyoto Protocol’ • Membership: 10 members (plus alternates), 3 from countries with economies in transition (EIT), three from non-EIT countries, three from developing countries, and one small island State

35. Mandate of the Compliance Committee • Decision 27/CMP.1 – procedures and mechanisms relating to compliance with Kyoto targets and eligibility for trading • Members serve in individual capacity • Membership: 20 members (plus alternates) • 10 serve on enforcement branch • 10 serve on facilitative branch • Each branch: one from each of 5 UN regional groups, one small island State, two developing countries, two from Annex I Parties.

36. Mandate of the Adaptation Fund Board • Decision 1/CMP.3 • To supervise and manage the Adaptation Fund, develop strategic priorities, policies and guidelines; decide on projects including allocation of funds. • Membership: 16 members (plus alternates), two from each of 5 UN regional groups, one small island State, one LDC, two developing countries, two from Annex I Parties.

37. III. The Negotiating Process

38. Source: ENB, www.iisd.ca

39. Montreal, COP 11 / MOP 1 – Establishment of AWG-KP and Dialogue on Long-term Cooperative Action

40. Practical Questions • How can negotiations even take place on this scale?!! • What mechanisms enable countries to reach agreement? • How do negotiating blocs work? • How are decisions actually produced? • What is the role of a ‘contact group’? ‘Informals’? Who are ‘friends of the chair’? • Where is my issue being negotiated? How do I follow it? • Where does negotiating text come from? What is bracketed text? • What is the difference between recommendations, conclusions and decisions? • What is the value of side-events?

41. UNFCCC Structurenegotiating process COP 190+ Parties to the UNFCCC COP/M0P 170+ Parties to the KP SBI SBSTA Subsidiary bodies serve both COP and COP/MOP (CMP) Contact Group Contact Group Contact groups formed to negotiate different issues Contact Group Contact Group Informals Informals

42. For Cancun - 6 negotiating bodieseach with its own agenda • COP - Conference of the Parties • COP/MOP - COP serving as the meeting of the Parties to the Kyoto Protocol • SBSTA - Subsidiary Body on Scientific and Technical Advice • SBI - Subsidiary Body on Implementation • Ad Hoc Working Group on Further Commitments for Annex I Parties • Ad Hoc Working Group on Long-term Cooperative Action to Enhance Implementation of the Convention

43. Source: ENB, www.iisd.ca

44. Overview of a negotiating session

45. Daily Programme – Bali COP 3 – December 3, first day

46. Example of a Daily Programme – Bali COP

47. Coalitions • EU – European Union (27) • JUSCANNZ - Japan, US, Australia, Canada, NZ, Norway, Switzerland, Iceland • Umbrella Group – JUSCANNZ plus Russia, Ukraine • Group of 77 & China – developing countries (132) • AOSIS – Alliance of Small Island States (43) • LDC Group – Least Developed Countries in Africa, Asia, Latin Am (48) • EIG – Environmental Integrity Group (Mexico, Korea, Switzerland, Monaco, Lichtenstein) • GRULAC – Latin American and the Caribbean and ASIAN for nominations to regional groupings

48. Upper end Differentiation within the G-77 OPEC 13 G-77 SIDS 43 LDCs 49 Lower end

49. Provisional Annotated Agendas Copenhagen Agendas for example: COP FCCC/CP/2009/1 CMP FCCC/KP/CMP/2009/1 SBI FCCC/SBI/2009/9 SBSTA FCCC/SBSTA/2009/4 AWG-KP FCCC/KP/AWG/2009/15 AWG-LCA FCCC/AWGLCA/2009/15 AWG-LCA: Report of the AWG-LCA on its 7th Session AWG-KP: ‘Documentation to Facilitate Negotiations’

50. Which documentation for which issue? • COP, CMP, SBI, SBSTA: annotated agendas provide citations to relevant documentation, issues ripe for decisions, conclusions • AWG-KP: “Documentation to facilitate negotiations” • AWG-LCA: Text to “facilitate negotiations”