1997-Kyoto-Protocol-Annex-A-B.pdf

1997 Kyoto Protocol to the United Nations Framework Convention on Climate Change

Kyoto Protocol

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United Nations Framework Convention on Climate Change Secretariat 

Article 19:

“The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Protocol.”

Article 14 (Settlement of Disputes) of the Convention:

“1. In the event of a dispute between any two or more Parties concerning the interpretation or application of the Convention, the Parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice.

2. When ratifying, accepting, approving or acceding to the Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Convention, it recognizes as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation: (a) Submission of the dispute to the International Court of Justice, and/or (b) Arbitration in accordance with procedures to be adopted by the Conference of the Parties as soon as practicable, in an annex on arbitration. A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedures referred to in subparagraph (b) above.

3. A declaration made under paragraph 2 above shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary.

4. A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal, unless the parties to the dispute otherwise agree.

5. Subject to the operation of paragraph 2 above, if after twelve months following notification by one Party to another that a dispute exists between them, the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1 above, the dispute shall be submitted, at the request of any of the parties to the dispute, to conciliation.

6. A conciliation commission shall be created upon the request of one of the parties to the dispute. The commission shall be composed of an equal number of members appointed by each party concerned and a chairman chosen jointly by the members appointed by each party. The commission shall render a recommendatory award, which the parties shall consider in good faith.

7. Additional procedures relating to conciliation shall be adopted by the Conference of the Parties, as soon as practicable, in an annex on conciliation.

8. The provisions of this Article shall apply to any related legal instrument which the Conference of the Parties may adopt, unless the instrument provides otherwise.”

Secretary-General of the United Nations

Annex A: Greenhouse Gases & Sectors/Sources Categories

Annex B: Quantified Emission Limitation or Reduction Commitment for Annex I Parties

16/02/2005

“Article 25

1. This Protocol shall enter into force on the ninetieth day after the date on which not less than 55 Parties to the Convention, incorporating Parties included in Annex I which accounted in total for at least 55 per cent of the total carbon dioxide emissions for 1990 of the Parties included in Annex I, have deposited their instruments of ratification, acceptance, approval or accession.

2. For the purposes of this Article, “the total carbon dioxide emissions for 1990 of the Parties included in Annex I” means the amount communicated on or before the date of adoption of this Protocol by the Parties included in Annex I in their first national communications submitted in accordance with Article 12 of the Convention.

3. For each State or regional economic integration organization that ratifies, accepts or approves this Protocol or accedes thereto after the conditions set out in paragraph 1 above for entry into force have been fulfilled, this Protocol shall enter into force on the ninetieth day following the date of deposit of its instrument of ratification, acceptance, approval or accession.

4. For the purposes of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States members of the organization. “

2006 Amendment to Annex B of the Kyoto Protocol

2012 Doha Amendment to the Kyoto Protocol

1992 United Nations Framework Convention on Climate Change

1987 Montreal Protocol on Substances that Deplete the Ozone Layer

2015 Paris Agreement

UNFCCC accessed on 05/07/2021

Parties to the Kyoto Protocol adopted an Amendment to Annex B of the Kyoto Protocol at the second session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol held in Nairobi, Kenya, in November 2006. In accordance with Article 20, para 3 of the Kyoto Protocol, the Notification of the Amendment was communicated to Parties on 17 April 2007.

Article 20, paras 4 and 5 of the Protocol states the following: “The Amendment to Annex B of the Protocol, 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. 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.”

As of 5 July 2021, 30 Parties have accepted the Amendment, which has not entered into force.