DOHA AMENDMENT TO THE KYOTO PROTOCOL ("Off. Herald of RS - Treaties", No. 2/2017)

Article 1: Amendment

A. Annex B to the Kyoto Protocol

The following table shall replace the table in Annex B to the Protocol:

1	2	3	4	5	6
	Quantified emission limitation or reduction commitment (2008-2012) (percentage of base year	Quantified emission limitation or reduction commitment (2013-2020) (percentage of base year or	Reference	Quantified emission limitation or reduction commitment (2013-2020) (expressed as percentage of reference	Pledges for the reduction of greenhouse gas emissions by 2020 (percentage of reference
Party	or period)	period)	year1	year)1	year)2
Australia					-5 to -15% or
	108	99.5	2000	98	-25%3
Austria	92	804	NA	NA
Belarus5*		88	1990	NA	-8%
Belgium	92	804	NA	NA
Bulgaria*	92	804	NA	NA
Croatia*	95	806	NA	NA	-20%/-30%7
Cyprus		804	NA	NA
Czech Republic*	92	804	NA	NA
Denmark	92	804	NA	NA
Estonia*	92	804	NA	NA
European Union	92	804	1990	NA	-20%/-30%7
Finland	92	804	NA	NA
France	92	804	NA	NA
Germany	92	804	NA	NA
Greece	92	804	NA	NA
Hungary*	94	804	NA	NA
Iceland	110	808	NA	NA
Ireland	92	804	NA	NA
Italy	92	804	NA	NA
Kazakhstan*		95	1990	95	-7%
Latvia*	92	804	NA	NA
Liechtenstein	92	84	1990	84	-20%/-30%9
Lithuania*	92	804	NA	NA
Luxembourg	92	804	NA	NA
Malta		804	NA	NA
Monaco	92	78	1990	78	-30%
Netherlands	92	804	NA	NA
					-30% to
Norway	101	84	1990	84	-40%10
Poland*	94	804	NA	NA
Portugal	92	804	NA	NA
Romania*	92	804	NA	NA
Slovakia*	92	804	NA	NA
Slovenia*	92	804	NA	NA
Spain	92	804	NA	NA
Sweden	92	804	NA	NA
					-20% to
Switzerland	92	84.2	1990	NA	-30%11
Ukraine*	100	7612	1990	NA	-20%
United Kingdom of Great Britain and Northern Ireland
		804
	92		NA	NA
	Quantified emission
	limitation or reduction
	commitment (2008-2012)
	(percentage of base year
Party	or period)
Canada13	94
Japan14	94
New Zealand15	100
Russian	100
Federation16*

Abbreviation: NA = not applicable.

* Countries that are undergoing the process of transition to a market economy.

All footnotes below, except for footnotes 1, 2 and 5, have been provided through communications from the respective Parties.

1 A reference year may be used by a Party on an optional basis for its own purposes to express its quantified emission limitation or reduction commitment (QELRC) as a percentage of emissions of that year, that is not internationally binding under the Kyoto Protocol, in addition to the listing of its QELRC(s) in relation to the base year in the second and third columns of this table, which are internationally legally binding.

2 Further information on these pledges can be found in documents FCCC/SB/2011/INF.1/Rev.1 and FCCC/KP/AWG/2012/MISC.1, Add.1 and Add.2.

3 Australia’s QELRC under the second commitment period of the Kyoto Protocol is consistent with the achievement of Australia’s unconditional 2020 target of 5 per cent below 2000 levels. Australia retains the option later to move up within its 2020 target of 5 to 15, or 25 per cent below 2000 levels, subject to certain conditions being met. This reference retains the status of these pledges as made under the Cancun Agreements and does not amount to a new legally binding commitment under this Protocol or its associated rules and modalities.

4 The QELRCs for the European Union and its member States for a second commitment period under the Kyoto Protocol are based on the understanding that these will be fulfilled jointly with the European Union and its member States, in accordance with Article 4 of the Kyoto Protocol. The QELRCs are without prejudice to the subsequent notification by the European Union and its member States of an agreement to fulfil their commitments jointly in accordance with the provisions of the Kyoto Protocol.

5 Added to Annex B by an amendment adopted pursuant to decision 10/CMP.2. This amendment has not yet entered into force.

6 Croatia’s QELRC for a second commitment period under the Kyoto Protocol is based on the understanding that it will fulfil this QELRC jointly with the European Union and its member States, in accordance with Article 4 of the Kyoto Protocol. As a consequence, Croatia’s accession to the European Union shall not affect its participation in such joint fulfilment agreement pursuant to Article 4 or its QELRC.

7 As part of a global and comprehensive agreement for the period beyond 2012, the European Union reiterates its conditional offer to move to a 30 per cent reduction by 2020 compared to 1990 levels, provided that other developed countries commit themselves to comparable emission reductions and developing countries contribute adequately according to their responsibilities and respective capabilities.

8 The QELRC for Iceland for a second commitment period under the Kyoto Protocol is based on the understanding that it will be fulfilled jointly with the European Union and its member States, in accordance with Article 4 of the Kyoto Protocol.

9 The QELRC presented in column three refers to a reduction target of 20 per cent by 2020 compared to 1990 levels. Liechtenstein would consider a higher reduction target of up to 30 per cent by 2020 compared to 1990 levels under the condition that other developed countries commit themselves to comparable emission reductions and that economically more advanced developing countries contribute adequately according to their responsibilities and respective capabilities.

10 Norway’s QELRC of 84 is consistent with its target of 30 per cent reduction of emissions by 2020, compared to 1990. If it can contribute to a global and comprehensive agreement where major emitting Parties agree on emission reductions in line with the 2° C target, Norway will move to a level of 40 per cent reduction for 2020 based on 1990 levels. This reference retains the status of the pledge made under the Cancun Agreements and does not amount to a new legally binding commitment under this Protocol.

11 The QELRC presented in the third column of this table refers to a reduction target of 20 per cent by 2020 compared to 1990 levels. Switzerland would consider a higher reduction target up to 30 per cent by 2020 compared to 1990 levels subject to comparable emission reduction commitments from other developed countries and adequate contribution from developing countries according to their responsibilities and capabilities in line with the 2° C target. This reference retains the status of the pledge made under the Cancun Agreements and does not amount to a new legally binding commitment under this Protocol or its associated rules and modalities.

12 Should be full carry-over and there is no acceptance of any cancellation or any limitation on use of this legitimately acquired sovereign property.

13 On 15 December 2011, the Depositary received written notification of Canada’s withdrawal from the Kyoto Protocol. This action will become effective for Canada on 15 December 2012.

14 In a communication dated 10 December 2010, Japan indicated that it does not have any intention to be under obligation of the second commitment period of the Kyoto Protocol after 2012.

15 New Zealand remains a Party to the Kyoto Protocol. It will be taking a quantified economy-wide emission reduction target under the United Nations Framework Convention on Climate Change in the period 2013 to 2020.

16 In a communication dated 8 December 2010 that was received by the secretariat on 9 December 2010, the Russian Federation indicated that it does not intend to assume a quantitative emission limitation or reduction commitment for the second commitment period.

B. Annex A to the Kyoto Protocol

The following list shall replace the list under the heading "Greenhouse gases" in Annex A to the Protocol:

Greenhouse gases

Carbon dioxide (CO2)

Methane (CH4)

Nitrous oxide (N2O)

Hydrofluorocarbons (HFCs)

Perfluorocarbons (PFCs)

Sulphur hexafluoride (SF6)

Nitrogen trifluoride (NF3)1

---------
1 Applies only from the beginning of the second commitment period.

C. Article 3, paragraph 1 bis

The following paragraph shall be inserted after paragraph 1 of Article 3 of the Protocol:

1 bis. The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitments inscribed in the third column of the table contained in Annex B and in accordance with the provisions of this Article, with a view to reducing their overall emissions of such gases by at least 18 per cent below 1990 levels in the commitment period 2013 to 2020.

D. Article 3, paragraph 1 ter

The following paragraph shall be inserted after paragraph 1 bis of Article 3 of the Protocol:

1 ter. A Party included in Annex B may propose an adjustment to decrease the percentage inscribed in the third column of Annex B of its quantified emission limitation and reduction commitment inscribed in the third column of the table contained in Annex B. A proposal for such an adjustment shall be communicated to the Parties by the secretariat at least three months before the meeting of the Conference of the Parties serving as the meeting of the Parties to this Protocol at which it is proposed for adoption.

E. Article 3, paragraph 1 quater

The following paragraph shall be inserted after paragraph 1 ter of Article 3 of the Protocol:

1 quater. An adjustment proposed by a Party included in Annex I to increase the ambition of its quantified emission limitation and reduction commitment in accordance with Article 3, paragraph 1 ter, above shall be considered adopted by the Conference of the Parties serving as the meeting of the Parties to this Protocol unless more than three-fourths of the Parties present and voting object to its adoption. The adopted adjustment shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties, and shall enter into force on 1 January of the year following the communication by the Depositary. Such adjustments shall be binding upon Parties.

F. Article 3, paragraph 7 bis

The following paragraphs shall be inserted after paragraph 7 of Article 3 of the Protocol:

7 bis. In the second quantified emission limitation and reduction commitment period, from 2013 to 2020, the assigned amount for each Party included in Annex I shall be equal to the percentage inscribed for it in the third column of the table contained in Annex B of its aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or period determined in accordance with paragraph 5 above, multiplied by eight. Those Parties included in Annex I for whom land-use change and forestry constituted a net source of greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period the aggregate anthropogenic carbon dioxide equivalent emissions by sources minus removals by sinks in 1990 from land-use change for the purposes of calculating their assigned amount.

G. Article 3, paragraph 7 ter

The following paragraph shall be inserted after paragraph 7 bis of Article 3 of the Protocol:

7 ter. Any positive difference between the assigned amount of the second commitment period for a Party included in the Annex I and average annual emissions for the first three years of the preceding commitment period multiplied by eight shall be transferred to the cancellation account of that Party.

H. Article 3, paragraph 8

In paragraph 8 of Article 3 of the Protocol, the words:

calculation referred to in paragraph 7 above

shall be substituted by:

calculations referred to in paragraphs 7 and 7 bis above

I. Article 3, paragraph 8 bis

The following paragraph shall be inserted after paragraph 8 of Article 3 of the Protocol:

8 bis. Any Party included in Annex I may use 1995 or 2000 as its base year for nitrogen trifluoride for the purposes of the calculation referred to in paragraph 7 bis above.

J. Article 3, paragraphs 12 bis and ter

The following paragraphs shall be inserted after paragraph 12 of Article 3 of the Protocol:

12 bis. Any units generated from market-based mechanisms to be established under the Convention or its instruments may be used by Parties included in Annex I to assist them in achieving compliance with their quantified emission limitation and reduction commitments under Article 3. Any such units which a Party acquires from another Party to the Convention shall be added to the assigned amount for the acquiring Party and subtracted from the quantity of units held by the transferring Party.

12 ter. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall ensure that, where units from approved activities under market-based mechanisms referred to in paragraph 12 bis above are used by Parties included in Annex I to assist them in achieving compliance with their quantified emission limitation and reduction commitments under Article 3, a share of these units 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 if these units are acquired under Article 17.

K. Article 4, paragraph 2

The following words shall be added to the end of the first sentence of paragraph 2 of Article 4 of the Protocol:

, or on the date of deposit of their instruments of acceptance of any amendment to Annex B pursuant to Article 3, paragraph 9

L. Article 4, paragraph 3

In paragraph 3 of Article 4 of the Protocol, the

words: , paragraph 7

shall be

substituted by: to which it relates

Article 2: Entry into force

This amendment shall enter into force in accordance with Articles 20 and 21 of the Kyoto Protocol.