The International Climate Change Regime: The Kyoto Protocol. International Climate Change and Energy Law Spring semester 2015 Dr.

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1 The International Climate Change Regime: The Kyoto Protocol International Climate Change and Energy Law Spring semester 2015 Dr. Christina Voigt

2 Stronger commitments needed! UNFCCC. Art. 17: Protocol necessary (more specific obligations)

3 Kyoto Protocol - CPI Adopted , Entered into force , Members: 192 States and the EU Sets quantified emissions limitation and reduction obligations (QELRO) for Annex-I Parties (37 States) Art. 3.1 KP: overall emissions from Annex I Parties shall be reduced to at least 5% below 1990 levels within (First Commitment Period) Assigned Amounts (Annex B) Art. 3.1 KP: Annex I Parties shall not exceed their Assigned Amounts)

4 Kyoto Protocol CPII Amendments to the KP in Decision 1/CMP.8: Second commitment period ( ) for KP Annex-I countries, minus CA (no member), RUS, NZL, J (no KPII) Objective of reducing GHG emisions by at least 18% below 1990 (translation of voluntary pledges into QUELROs no strengthening of commitments), IPCC suggested: range of 25-40%) 15% of global emissions Party may «propose an adjustment to decrease» its QUELRO, review in 2014 P: link to ADP When does it enter into force? (provisional application/ implementation consistent with national legislation or domestic processes)

5 Kyoto Protocol Countries included in Annex B to the Kyoto Protocol and their emissions targets Country Target ( /2012) EU-15, Bulgaria, Czech Republic, Estonia, Latvia, Liechtenstein, Lithuania, Monaco, Romania, Slovakia, Slovenia, Switzerland US -8% -7% Canada, Hungary, Japan, Poland -6% Croatia New Zealand, Russian Federation, Ukraine -5% Norway +1% Australia +8% Iceland +10% 0

6 Kyoto Protocol Countries included in Annex B to the Kyoto Protocol and their emissions targets Country EU-15, Bulgaria, Czech Republic, Estonia, Latvia, Liechtenstein, Lithuania, Monaco, Romania, Slovakia, Slovenia, Switzerland US -8% -20% -7% 0 Canada, Hungary, Japan, Poland -6% -20% Croatia New Zealand, Russian Federation, Ukraine -5% -20% 0-24% Norway +1% -16% Australia +8% - 0,5% Iceland +10% -20%

7 Kyoto Protocol Rules focus on: Commitments: legally binding individual emissions targets and general commitments Implementation: domestic masures and three novel implementing mechanisms (flexibility mechanisms) Minimizing impacts on developing countries Accounting, Reporting and Review Compliance: Compliance Committee to assess and deal with problems of non-compliance

8 The Carbon Market International Climate Change and Energy Law Spring semester 2015 Dr. Christina Voigt

9 Quiz 1. What does the KP contain and the UNFCCC doesn t? 2. Which countries have obligations to reduce their GHG emissions under the KP? 3. What is the ADP? 4. Which flexibility mechanisms are set up by the KP? 10

10 Institutional Structure UNEP/WHO COP, art. 7 UNFCCC Secretariat Art. 8 UNFCC, 14 KP CMP, art. 13 KP KP IPCC SBSTA Art. 9 UNFCCC Annex I: OECD + EiT Annex II: OECD Non-Annex: developing countries SBI Art. 10 ADP Groups: EU Umbrella: USA, CAN, NO, AUS, NZ, RF, UK G77 and China (subgroups: AOSIS and LDC, African Group) EIG: Sveits, MX, South Korea OPEC BASIC: Brazil, India, China, South Africa CDM EB Art. 12 KP JISC Art. 6 Facilitative Branch Compliance Committee art. 18 KP Enforcement Branch

11 The compliance system of the Kyoto Protocol Three functions Fact-finding Legal assessment Determination of consequences Legal basis Expert Review Teams (KP art. 8) Non-compliance procedure (KP art. 18) Dec. 24/CP.7 (Marrakesh Accords) Dec. 27/CMP.1 Rules of Procedure (Dec. 4/CMP.2 revidert Dec. 4/CMP. 4) 12

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13 Decision of the Compliance Committee 14

14 XI. Appeals 1. The Party in respect of which a final decision has been taken may appeal to the Conference of the Parties serving as the meeting of the Parties to the Protocol against a decision of the enforcement branch relating to Article 3, paragraph 1, of the Protocol if that Party believes it has been denied due process. 2. The appeal shall be lodged with the secretariat within 45 days after the Party has been informed of the decision of the enforcement branch. The Conference of the Parties serving as the meeting of the Parties to the Protocol shall consider the appeal at its first session after the lodging of the appeal. 3. The Conference of the Parties serving as the meeting of the Parties to the Protocol may agree by a three-fourths majority vote of the Parties present and voting at the meeting to override the decision of the enforcement branch, in which event the Conference of the Parties serving as the meeting of the Parties to the Protocol shall refer the matter of the appeal back to the enforcement branch. 4. The decision of the enforcement branch shall stand pending the decision on appeal. It shall become definitive if, after 45 days, no appeal has been made against it. the Protocol shall consider the appeal at its first session after the lodging of the appeal. 15

15 Flexibility Mechanisms Geographic location of abatement measures is climatically irrelevant Aim: global cost-effectiveness and reduction of compliance costs Assigned amounts (AU) can be divided up into units (Assigned Amount Units AAUs) allowing Annex I Parties (37 + EU) to participate in the flexibility mechanisms Units create a tradable currency (1 unit= 1 t CO2 eqv.)

16 Flexibility Mechanisms 4 Types of Mechanisms: International Emissions Trading, Art. 17 (allows for trade with AAUs, ERUs, CERs) Clean Development Mechanism (CDM) Art. 12 Resulting in Certified Emissions Reductions CERs Non-Annex I/ Annex I Projects Joint Implementation (Art. 6) Resulting in Emission Reduction Units ERUs Annex I /Annex I Projects Joint Fulfillment of Commitment (Art. 4)

17 Kyoto Protocol: Flexibility Eligibility Requirements: Annex I Party Ratification of KP Compliance Mechanisms Methodological and reporting infrastructure in place Establishment of designated national entities and registries Inventories for accounting the tradable units

18 Supplementarity Art. 17, Art. 12.3(b), Art. 6.1 (d) Kyoto Protocol Marrakesh Accords: (Decision 15/CP.7) The Conference of the Parties:... Affirming that the use of the mechanisms shall be supplemental to domestic action and that domestic action shall thus constitute a significant element of the effort made by each Party included in Annex I to meet its quantified emission limitation and reduction commitments under Article 3, paragraph 1. (15/CP.7, preamble) 19

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21 The Global Carbon Market AUS ETS ( ) Others? Japan South Korea China NZ ETS 2010 IET NOK mil kvoter = 400 mil NOK 10 mil CERs 40 mil NOK International Emissions Trading Art. 17, 3.10, 3.11 KP N (Norge) Annex I 20 mil t CO2 8 Mrd NOK 10 mil ERUs 200 mil NOK Clean Development Mechanism Art. 12 KP Joint Implementation Art. 6 KP L (Lithuania) Annex-I ERUs NOK 20 USA: Federal? WCI RGGI (2012) EU ETS Siden 2005 CERs NOK 4 China Non-Annex I