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UNITED NATIONS FRAMEWORK CONVENTIONON CLIMATE CHANGE

UNITED NATIONS

1992

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UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

The Parties to this Convention,

Acknowledging that change in the Earth's climate and itsadverse effects are a common concern of humankind,

Concerned that human activities have been substantiallyincreasing the atmospheric concentrations of greenhouse gases,that these increases enhance the natural greenhouse effect,and that this will result on average in an additional warmingof the Earth's surface and atmosphere and may adversely affectnatural ecosystems and humankind,

Noting that the largest share of historical and currentglobal emissions of greenhouse gases has originated indeveloped countries, that per capita emissions in developingcountries are still relatively low and that the share ofglobal emissions originating in developing countries will growto meet their social and development needs,

Aware of the role and importance in terrestrial andmarine ecosystems of sinks and reservoirs of greenhouse gases,

Noting that there are many uncertainties in predictionsof climate change, particularly with regard to the timing,magnitude and regional patterns thereof,

Acknowledging that the global nature of climate changecalls for the widest possible cooperation by all countries andtheir participation in an effective and appropriateinternational response, in accordance with their common butdifferentiated responsibilities and respective capabilitiesand their social and economic conditions,

Recalling the pertinent provisions of the Declaration ofthe United Nations Conference on the Human Environment,adopted at Stockholm on 16 June 1972,

Recalling also that States have, in accordance with theCharter of the United Nations and the principles ofinternational law, the sovereign right to exploit their ownresources pursuant to their own environmental anddevelopmental policies, and the responsibility to ensure thatactivities within their jurisdiction or control do not causedamage to the environment of other States or of areas beyondthe limits of national jurisdiction,

Reaffirming the principle of sovereignty of States ininternational cooperation to address climate change,

Recognizing that States should enact effectiveenvironmental legislation, that environmental standards,management objectives and priorities should reflect theenvironmental and developmental context to which they apply,

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and that standards applied by some countries may beinappropriate and of unwarranted economic and social cost toother countries, in particular developing countries,

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Recalling the provisions of General Assembly resolution44/228 of 22 December 1989 on the United Nations Conference onEnvironment and Development, and resolutions 43/53 of6 December 1988, 44/207 of 22 December 1989, 45/212 of21 December 1990 and 46/169 of 19 December 1991 on protectionof global climate for present and future generations ofmankind,

Recalling also the provisions of General Assemblyresolution 44/206 of 22 December 1989 on the possible adverseeffects of sea-level rise on islands and coastal areas,particularly low-lying coastal areas and the pertinentprovisions of General Assembly resolution 44/172 of19 December 1989 on the implementation of the Plan of Actionto Combat Desertification,

Recalling further the Vienna Convention for theProtection of the Ozone Layer, 1985, and the Montreal Protocolon Substances that Deplete the Ozone Layer, 1987, as adjustedand amended on 29 June 1990,

Noting the Ministerial Declaration of the Second WorldClimate Conference adopted on 7 November 1990,

Conscious of the valuable analytical work being conductedby many States on climate change and of the importantcontributions of the World Meteorological Organization, theUnited Nations Environment Programme and other organs,organizations and bodies of the United Nations system, as wellas other international and intergovernmental bodies, to theexchange of results of scientific research and thecoordination of research,

Recognizing that steps required to understand and addressclimate change will be environmentally, socially andeconomically most effective if they are based on relevantscientific, technical and economic considerations andcontinually re-evaluated in the light of new findings in theseareas,

Recognizing that various actions to address climatechange can be justified economically in their own right andcan also help in solving other environmental problems,

Recognizing also the need for developed countries to takeimmediate action in a flexible manner on the basis of clearpriorities, as a first step towards comprehensive responsestrategies at the global, national and, where agreed, regionallevels that take into account all greenhouse gases, with dueconsideration of their relative contributions to theenhancement of the greenhouse effect,

Recognizing further that low-lying and other small islandcountries, countries with low-lying coastal, arid and semi-arid areas or areas liable to floods, drought and

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desertification, and developing countries with fragilemountainous ecosystems are particularly vulnerable to theadverse effects of climate change,

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Recognizing the special difficulties of those countries,especially developing countries, whose economies areparticularly dependent on fossil fuel production, use andexportation, as a consequence of action taken on limitinggreenhouse gas emissions,

Affirming that responses to climate change should becoordinated with social and economic development in anintegrated manner with a view to avoiding adverse impacts onthe latter, taking into fullaccount the legitimate priority needs of developing countriesfor the achievement of sustained economic growth and theeradication of poverty,

Recognizing that all countries, especially developingcountries, need access to resources required to achievesustainable social and economic development and that, in orderfor developing countries to progress towards that goal, theirenergy consumption will need to grow taking into account thepossibilities for achieving greater energy efficiency and forcontrolling greenhouse gas emissions in general, includingthrough the application of new technologies on terms whichmake such an application economically and socially beneficial,

Determined to protect the climate system for present andfuture generations,

Have agreed as follows:

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ARTICLE 1

DEFINITIONS *

For the purposes of this Convention:

1. "Adverse effects of climate change" means changes in thephysical environment or biota resulting from climatechange which have significant deleterious effects on thecomposition, resilience or productivity of natural andmanaged ecosystems or on the operation of socio-economicsystems or on human health and welfare.

2. "Climate change" means a change of climate which isattributed directly or indirectly to human activity thatalters the composition of the global atmosphere and whichis in addition to natural climate variability observedover comparable time periods.

3. "Climate system" means the totality of the atmosphere,hydrosphere, biosphere and geosphere and theirinteractions.

4. "Emissions" means the release of greenhouse gases and/ortheir precursors into the atmosphere over a specifiedarea and period of time.

5. "Greenhouse gases" means those gaseous constituents ofthe atmosphere, both natural and anthropogenic, thatabsorb and re-emit infrared radiation.

6. "Regional economic integration organization" means anorganization constituted by sovereign States of a givenregion which has competence in respect of mattersgoverned by this Convention or its protocols and has beenduly authorized, in accordance with its internalprocedures, to sign, ratify, accept, approve or accede tothe instruments concerned.

7. "Reservoir" means a component or components of theclimate system where a greenhouse gas or a precursor of agreenhouse gas is stored.

8. "Sink" means any process, activity or mechanism whichremoves a greenhouse gas, an aerosol or a precursor of agreenhouse gas from the atmosphere.

9. "Source" means any process or activity which releases agreenhouse gas, an aerosol or a precursor of a greenhousegas into the atmosphere.

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* Titles of articles are included solely to assist thereader.

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ARTICLE 2

OBJECTIVE

The ultimate objective of this Convention and any relatedlegal instruments that the Conference of the Parties may adoptis to achieve, in accordance with the relevant provisions ofthe Convention, stabilization of greenhouse gasconcentrations in the atmosphere at a level that would preventdangerous anthropogenic interference with the climate system.Such a level should be achieved within a time-frame sufficientto allow ecosystems to adapt naturally to climate change, toensure that food production is not threatened and to enableeconomic development to proceed in a sustainable manner.

ARTICLE 3

PRINCIPLES

In their actions to achieve the objective of theConvention and to implement its provisions, the Parties shallbe guided, inter alia, by the following:

1. The Parties should protect the climate system for thebenefit of present and future generations of humankind, on thebasis of equity and in accordance with their common butdifferentiated responsibilities and respective capabilities.Accordingly, the developed country Parties should take thelead in combating climate change and the adverse effectsthereof.

2. The specific needs and special circumstances ofdeveloping country Parties, especially those that areparticularly vulnerable to the adverse effects of climatechange, and of those Parties, especially developing countryParties, that would have to bear a disproportionate orabnormal burden under the Convention, should be given fullconsideration.

3. The Parties should take precautionary measures toanticipate, prevent or minimize the causes of climate changeand mitigate its adverse effects. Where there are threats ofserious or irreversible damage, lack of full scientificcertainty should not be used as a reason for postponing suchmeasures, taking into account that policies and measures todeal with climate change should be cost-effective so as toensure global benefits at the lowest possible cost. Toachieve this, such policies and measures should take intoaccount different socio-economic contexts, be comprehensive,cover all relevant sources, sinks andreservoirs of greenhouse gases and adaptation, and compriseall economic sectors. Efforts to address climate change maybe carried out cooperatively by interested Parties.

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4. The Parties have a right to, and should, promotesustainable development. Policies and measures to protect theclimate system against human-induced change should beappropriate for the specific conditions of each Party andshould be integrated with national development programmes,taking into account that economic development is essential foradopting measures to address climate change.

5. The Parties should cooperate to promote a supportive andopen international economic system that would lead tosustainable economic growth and development in all Parties,particularly developing country Parties, thus enabling thembetter to address the problems of climate change. Measurestaken to combat climate change, including unilateral ones,should not constitute a means of arbitrary or unjustifiablediscrimination or a disguised restriction on internationaltrade.

ARTICLE 4

COMMITMENTS

1. All Parties, taking into account their common butdifferentiated responsibilities and their specific nationaland regional development priorities, objectives andcircumstances, shall:

(a) Develop, periodically update, publish and makeavailable to the Conference of the Parties, inaccordance with Article 12, national inventories ofanthropogenic emissions by sources and removals bysinks of all greenhouse gases not controlled by theMontreal Protocol, using comparable methodologies tobe agreed upon by the Conference of the Parties;

(b) Formulate, implement, publish and regularly updatenational and, where appropriate, regional programmescontaining measures to mitigate climate change byaddressing anthropogenic emissions by sources andremovals by sinks of all greenhouse gases notcontrolled by the Montreal Protocol, and measures tofacilitate adequate adaptation to climate change;

(c) Promote and cooperate in the development,application and diffusion, including transfer, oftechnologies, practices and processes that control,reduce or prevent anthropogenic emissions ofgreenhouse gases not controlled by the MontrealProtocol in all relevant sectors, including theenergy, transport, industry, agriculture, forestryand waste management sectors;

(d) Promote sustainable management, and promote andcooperate in the conservation and enhancement, asappropriate, of sinks and reservoirs of all

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greenhouse gases not controlled by the MontrealProtocol, including biomass, forests and oceans aswell as other terrestrial, coastal and marineecosystems;

(e) Cooperate in preparing for adaptation to the impactsof climate change; develop and elaborateappropriate and integrated plans for coastal zonemanagement, water resources and agriculture, and forthe protection and rehabilitation of areas,particularly in Africa, affected by drought anddesertification, as well as floods;

(f) Take climate change considerations into account, tothe extent feasible, in their relevant social,economic and environmental policies and actions, andemploy appropriate methods, for example impactassessments, formulated and determined nationally,with a view to minimizing adverse effects on theeconomy, on public health and on the quality of theenvironment, of projects or measures undertaken bythem to mitigate or adapt to climate change;

(g) Promote and cooperate in scientific, technological,technical, socio-economic and other research,systematic observation and development of dataarchives related to the climate system and intendedto further the understanding and to reduce oreliminate the remaining uncertainties regarding thecauses, effects, magnitude and timing of climatechange and the economic and social consequences ofvarious response strategies;

(h) Promote and cooperate in the full, open and promptexchange of relevant scientific, technological,technical, socio-economic and legal informationrelated to the climate system and climate change,and to the economic and social consequences ofvarious response strategies;

(i) Promote and cooperate in education, training andpublic awareness related to climate change andencourage the widest participation in this process,including that of non-governmental organizations;and

(j) Communicate to the Conference of the Partiesinformation related to implementation, in accordancewith Article 12.

2. The developed country Parties and other Parties includedin Annex I commit themselves specifically as provided for inthe following:

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(a) Each of these Parties shall adopt national1 policiesand take corresponding measures on the mitigation ofclimate change, by limiting its anthropogenicemissions of greenhouse gases and protecting andenhancing its greenhouse gas sinks and reservoirs.These policies and measures will demonstrate thatdeveloped countries are taking the lead in modifyinglonger-term trends in anthropogenic emissionsconsistent with the objective of the Convention,recognizing that the return by the end of thepresent decade to earlier levels of anthropogenicemissions of carbon dioxide and other greenhousegases not controlled by the Montreal Protocol wouldcontribute to such modification, and taking intoaccount the differences in these Parties' startingpoints and approaches, economic structures andresource bases, the need to maintain strong andsustainable economic growth, available technologiesand other individual circumstances, as well as theneed for equitable and appropriate contributions byeach of these Parties to the global effort regardingthat objective. These Parties may implement suchpolicies and measures jointly with other Parties andmay assist other Parties in contributing to theachievement of the objective of the Convention and,in particular, that of this subparagraph;

(b) In order to promote progress to this end, each ofthese Parties shall communicate, within six monthsof the entry into force of the Convention for it andperiodically thereafter, and in accordance withArticle 12, detailed information on its policies andmeasures referred to in subparagraph (a) above, aswell as on its resulting projected anthropogenicemissions by sources and removals by sinks ofgreenhouse gases not controlled by the MontrealProtocol for the period referred to in subparagraph(a), with the aim of returning individually orjointly to their 1990 levels these anthropogenicemissions of carbon dioxide and other greenhousegases not controlled by the Montreal Protocol. Thisinformation will be reviewed by the Conference ofthe Parties, at its first session and periodicallythereafter, in accordance with Article 7;

(c) Calculations of emissions by sources and removals bysinks of greenhouse gases for the purposes ofsubparagraph (b) above should take into account thebest available scientific knowledge, including ofthe effective capacity of sinks and the respectivecontributions of such gases to climate change. TheConference of the Parties shall consider and agree

1 This includes policies and measures adopted byregional economic integration organizations.

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on methodologies for these calculations at its firstsession and review them regularly thereafter;

(d) The Conference of the Parties shall, at its firstsession, review the adequacy of subparagraphs (a)and (b) above. Such review shall be carried out inthe light of the best available scientificinformation and assessment on climate change and itsimpacts, as well as relevant technical, social andeconomic information. Based on this review, theConference of the Parties shall take appropriateaction, which may include the adoption of amendmentsto the commitments in subparagraphs (a) and (b)above. The Conference of the Parties, at its firstsession, shall also take decisions regardingcriteria for joint implementation as indicated insubparagraph (a) above. A second review ofsubparagraphs (a) and (b) shall take place not laterthan 31 December 1998, and thereafter at regularintervals determined by the Conference of theParties, until the objective of the Convention ismet;

(e) Each of these Parties shall :

(i) Coordinate as appropriate with other suchParties, relevant economic and administrativeinstruments developed to achieve the objectiveof the Convention; and

(ii) Identify and periodically review its ownpolicies and practices which encourageactivities that lead to greater levels ofanthropogenic emissions of greenhouse gases notcontrolled by the Montreal Protocol than wouldotherwise occur;

(f) The Conference of the Parties shall review, notlater than 31 December 1998, available informationwith a view to taking decisions regarding suchamendments to the lists in Annexes I and II as maybe appropriate, with the approval of the Partyconcerned;

(g) Any Party not included in Annex I may, in itsinstrument of ratification, acceptance, approval oraccession, or at any time thereafter, notify theDepositary that it intends to be bound bysubparagraphs (a) and (b) above. The Depositaryshall inform the other signatories and Parties ofany such notification.

3. The developed country Parties and other developed Partiesincluded in Annex II shall provide new and additionalfinancial resources to meet the agreed full costs incurred by

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developing country Parties in complying with their obligationsunder Article 12, paragraph 1. They shall also provide suchfinancial resources, including for the transfer of technology,needed by the developing country Parties to meet the agreedfull incremental costs of implementing measures that arecovered by paragraph 1 of this Article and that are agreedbetween a developing country Party and the internationalentity or entities referred to in Article 11, in accordancewith that Article. The implementation of these commitmentsshall take into account the need for adequacy andpredictability in the flow of funds and the importance ofappropriate burden sharing among the developed countryParties.

4. The developed country Parties and other developed Partiesincluded in Annex II shall also assist the developing countryParties that are particularly vulnerable to the adverseeffects of climate change in meeting costs of adaptation tothose adverse effects.

5. The developed country Parties and other developed Partiesincluded in Annex II shall take all practicable steps topromote, facilitate and finance, as appropriate, the transferof, or access to, environmentally sound technologies and know-how to other Parties, particularly developing country Parties,to enable them to implement the provisions of the Convention.In this process, the developed country Parties shall supportthe development and enhancement of endogenous capacities andtechnologies of developing country Parties. Other Parties andorganizations in a position to do so may also assist infacilitating the transfer of such technologies.

6. In the implementation of their commitments underparagraph 2 above, a certain degree of flexibility shall beallowed by the Conference of the Parties to the Partiesincluded in Annex I undergoing the process of transition to amarket economy, in order to enhance the ability of theseParties to address climate change, including with regard tothe historical level of anthropogenic emissions of greenhousegases not controlled by the Montreal Protocol chosen as areference.

7. The extent to which developing country Parties willeffectively implement their commitments under the Conventionwill depend on the effective implementation by developedcountry Parties of their commitments under the Conventionrelated to financial resources and transfer of technology andwill take fully into account that economic and socialdevelopment and poverty eradication are the first andoverriding priorities of the developing country Parties.

8. In the implementation of the commitments in this Article,the Parties shall give full consideration to what actions arenecessary under the Convention, including actions related tofunding, insurance and the transfer of technology, to meet the

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specific needs and concerns of developing country Partiesarising from the adverse effects of climate change and/or theimpact of the implementation of response measures, especiallyon:

(a) Small island countries;

(b) Countries with low-lying coastal areas;

(c) Countries with arid and semi-arid areas, forestedareas and areas liable to forest decay;

(d) Countries with areas prone to natural disasters;

(e) Countries with areas liable to drought anddesertification;

(f) Countries with areas of high urban atmosphericpollution;

(g) Countries with areas with fragile ecosystems,including mountainous ecosystems;

(h) Countries whose economies are highly dependent onincome generated from the production, processing andexport, and/or on consumption of fossil fuels andassociated energy-intensive products; and

(i) Land-locked and transit countries.

Further, the Conference of the Parties may take actions, asappropriate, with respect to this paragraph.

9. The Parties shall take full account of the specific needsand special situations of the least developed countries intheir actions with regard to funding and transfer oftechnology.

10. The Parties shall, in accordance with Article 10, takeinto consideration in the implementation of the commitments ofthe Convention the situation of Parties, particularlydeveloping country Parties, with economies that are vulnerableto the adverse effects of the implementation of measures torespond to climate change. This applies notably to Partieswith economies that are highly dependent on income generatedfrom the production, processing and export, and/or consumptionof fossil fuels and associated energy-intensive productsand/or the use of fossil fuels for which such Parties haveserious difficulties in switching to alternatives.

ARTICLE 5

RESEARCH AND SYSTEMATIC OBSERVATION

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In carrying out their commitments under Article 4,paragraph 1(g), the Parties shall:

(a) Support and further develop, as appropriate,international and intergovernmental programmes andnetworks or organizations aimed at defining,conducting, assessing and financing research, datacollection and systematic observation, taking intoaccount the need to minimize duplication of effort;

(b) Support international and intergovernmental effortsto strengthen systematic observation and nationalscientific and technical research capacities andcapabilities, particularly in developing countries,and to promote access to, and the exchange of, dataand analyses thereof obtained from areas beyondnational jurisdiction; and

(c) Take into account the particular concerns and needsof developing countries and cooperate in improvingtheir endogenous capacities and capabilities toparticipate in the efforts referred to insubparagraphs (a) and (b) above.

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ARTICLE 6

EDUCATION, TRAINING AND PUBLIC AWARENESS

In carrying out their commitments under Article 4,paragraph 1(i), the Parties shall:

(a) Promote and facilitate at the national and, asappropriate, subregional and regional levels, and inaccordance with national laws and regulations, andwithin their respective capacities:

(i) The development and implementation ofeducational and public awareness programmes onclimate change and its effects;

(ii) Public access to information on climate changeand its effects;

(iii) Public participation in addressing climatechange and its effects and developing adequateresponses; and

(iv) Training of scientific, technical andmanagerial personnel.

(b) Cooperate in and promote, at the internationallevel, and, where appropriate, using existingbodies:

(i) The development and exchange of educational andpublic awareness material on climate change andits effects; and

(ii) The development and implementation of educationand training programmes, including thestrengthening of national institutions and theexchange or secondment of personnel to trainexperts in this field, in particular fordeveloping countries.

ARTICLE 7

CONFERENCE OF THE PARTIES

1. A Conference of the Parties is hereby established.

2. The Conference of the Parties, as the supreme body ofthis Convention, shall keep under regular review theimplementation of the Convention and any related legalinstruments that the Conference of the Parties may adopt, andshall make, within its mandate, the decisions necessary topromote the effective implementation of the Convention. Tothis end, it shall:

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(a) Periodically examine the obligations of the Partiesand the institutional arrangements under theConvention, in the light of the objective of theConvention, the experience gained in itsimplementation and the evolution of scientific andtechnological knowledge;

(b) Promote and facilitate the exchange of informationon measures adopted by the Parties to addressclimate change and its effects, taking into accountthe differing circumstances, responsibilities andcapabilities of the Parties and their respectivecommitments under the Convention;

(c) Facilitate, at the request of two or more Parties,the coordination of measures adopted by them toaddress climate change and its effects, taking intoaccount the differing circumstances,responsibilities and capabilities of the Parties andtheir respective commitments under the Convention;

(d) Promote and guide, in accordance with the objectiveand provisions of the Convention, the developmentand periodic refinement of comparable methodologies,to be agreed on by the Conference of the Parties,inter alia, for preparing inventories of greenhousegas emissions by sources and removals by sinks, andfor evaluating the effectiveness of measures tolimit the emissions and enhance the removals ofthese gases;

(e) Assess, on the basis of all information madeavailable to it in accordance with the provisions ofthe Convention, the implementation of the Conventionby the Parties, the overall effects of the measurestaken pursuant to the Convention, in particularenvironmental, economic and social effects as wellas their cumulative impacts and the extent to whichprogress towards the objective of the Convention isbeing achieved;

(f) Consider and adopt regular reports on theimplementation of the Convention and ensure theirpublication;

(g) Make recommendations on any matters necessary forthe implementation of the Convention;

(h) Seek to mobilize financial resources in accordancewith Article 4, paragraphs 3, 4 and 5, and Article11;

(i) Establish such subsidiary bodies as are deemednecessary for the implementation of the Convention;

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(j) Review reports submitted by its subsidiary bodiesand provide guidance to them;

(k) Agree upon and adopt, by consensus, rules ofprocedure and financial rules for itself and for anysubsidiary bodies;

(l) Seek and utilize, where appropriate, the servicesand cooperation of, and information provided by,competent international organizations andintergovernmental and non-governmental bodies; and

(m) Exercise such other functions as are required forthe achievement of the objective of the Conventionas well as all other functions assigned to it underthe Convention.

3. The Conference of the Parties shall, at its firstsession, adopt its own rules of procedure as well as those ofthe subsidiary bodies established by the Convention, whichshall include decision-making procedures for matters notalready covered by decision-making procedures stipulated inthe Convention. Such procedures may include specifiedmajorities required for the adoption of particular decisions.

4. The first session of the Conference of the Parties shallbe convened by the interim secretariat referred to in Article21 and shall take place not later than one year after the dateof entry into force of the Convention. Thereafter, ordinarysessions of the Conference of the Parties shall be held everyyear unless otherwise decided by the Conference of theParties.

5. Extraordinary sessions of the Conference of the Partiesshall be held at such other times as may be deemed necessaryby the Conference, or at the written request of any Party,provided that, within six months of the request beingcommunicated to the Parties by the secretariat, it issupported by at least one third of the Parties.

6. The United Nations, its specialized agencies and theInternational Atomic Energy Agency, as well as any Statemember thereof or observers thereto not Party to theConvention, may be represented at sessions of the Conferenceof the Parties as observers. Any body or agency, whethernational or international, governmental or non-governmental,which is qualified in matters covered by the Convention, andwhich has informed the secretariat of its wish to berepresented at a session of the Conference of the Parties asan observer, may be so admitted unless at least one third ofthe Parties present object. The admission and participationof observers shall be subject to the rules of procedureadopted by the Conference of the Parties.

ARTICLE 8

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SECRETARIAT

1. A secretariat is hereby established.

2. The functions of the secretariat shall be:

(a) To make arrangements for sessions of the Conferenceof the Parties and its subsidiary bodies establishedunder the Convention and to provide them withservices as required;

(b) To compile and transmit reports submitted to it;

(c) To facilitate assistance to the Parties,particularly developing country Parties, on request,in the compilation and communication of informationrequired in accordance with the provisions of theConvention;

(d) To prepare reports on its activities and presentthem to the Conference of the Parties;

(e) To ensure the necessary coordination with thesecretariats of other relevant international bodies;

(f) To enter, under the overall guidance of theConference of the Parties, into such administrativeand contractual arrangements as may be required forthe effective discharge of its functions; and

(g) To perform the other secretariat functions specifiedin the Convention and in any of its protocols andsuch other functions as may be determined by theConference of the Parties.

3. The Conference of the Parties, at its first session,shall designate a permanent secretariat and make arrangementsfor its functioning.

ARTICLE 9

SUBSIDIARY BODY FOR SCIENTIFIC AND TECHNOLOGICAL ADVICE

1. A subsidiary body for scientific and technological adviceis hereby established to provide the Conference of the Partiesand, as appropriate, its other subsidiary bodies with timelyinformation and advice on scientific and technological mattersrelating to the Convention. This body shall be open toparticipation by all Parties and shall be multidisciplinary.It shall comprise government representatives competent in therelevant field of expertise. It shall report regularly to theConference of the Parties on all aspects of its work.

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2. Under the guidance of the Conference of the Parties, anddrawing upon existing competent international bodies, thisbody shall:

(a) Provide assessments of the state of scientificknowledge relating to climate change and itseffects;

(b) Prepare scientific assessments on the effects ofmeasures taken in the implementation of theConvention;

(c) Identify innovative, efficient and state-of-the-arttechnologies and know-how and advise on the ways andmeans of promoting development and/or transferringsuch technologies;

(d) Provide advice on scientific programmes,international cooperation in research anddevelopment related to climate change, as well as onways and means of supporting endogenous capacity-building in developing countries; and

(e) Respond to scientific, technological andmethodological questions that the Conference of theParties and its subsidiary bodies may put to thebody.

3. The functions and terms of reference of this body may befurther elaborated by the Conference of the Parties.

ARTICLE 10

SUBSIDIARY BODY FOR IMPLEMENTATION

1. A subsidiary body for implementation is herebyestablished to assist the Conference of the Parties in theassessment and review of the effective implementation of theConvention. This body shall be open to participation by allParties and comprise government representatives who areexperts on matters related to climate change. It shallreport regularly to the Conference of the Parties on allaspects of its work.

2. Under the guidance of the Conference of the Parties, thisbody shall:

(a) Consider the information communicated in accordancewith Article 12, paragraph 1, to assess the overallaggregated effect of the steps taken by the Partiesin the light of the latest scientific assessmentsconcerning climate change;

(b) Consider the information communicated in accordancewith Article 12, paragraph 2, in order to assist the

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Conference of the Parties in carrying out thereviews required by Article 4, paragraph 2(d); and

(c) Assist the Conference of the Parties, asappropriate, in the preparation and implementationof its decisions.

ARTICLE 11

FINANCIAL MECHANISM

1. A mechanism for the provision of financial resources on agrant or concessional basis, including for the transfer oftechnology, is hereby defined. It shall function under theguidance of and be accountable to the Conference of theParties, which shall decide on its policies, programmepriorities and eligibility criteria related to thisConvention. Its operation shall be entrusted to one or moreexisting international entities.

2. The financial mechanism shall have an equitable andbalanced representation of all Parties within a transparentsystem of governance.

3. The Conference of the Parties and the entity or entitiesentrusted with the operation of the financial mechanism shallagree upon arrangements to give effect to the aboveparagraphs, which shall include the following:

(a) Modalities to ensure that the funded projects toaddress climate change are in conformity with thepolicies, programme priorities and eligibilitycriteria established by the Conference of theParties;

(b) Modalities by which a particular funding decisionmay be reconsidered in light of these policies,programme priorities and eligibility criteria;

(c) Provision by the entity or entities of regularreports to the Conference of the Parties on itsfunding operations, which is consistent with therequirement for accountability set out in paragraph1 above; and

(d) Determination in a predictable and identifiablemanner of the amount of funding necessary andavailable for the implementation of this Conventionand the conditions under which that amount shall beperiodically reviewed.

4. The Conference of the Parties shall make arrangements toimplement the above-mentioned provisions at its first session,reviewing and taking into account the interim arrangementsreferred to in Article 21, paragraph 3, and shall decide

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whether these interim arrangements shall be maintained. Withinfour years thereafter, the Conference of the Parties shallreview the financial mechanism and take appropriate measures.

5. The developed country Parties may also provide anddeveloping country Parties avail themselves of, financialresources related to the implementation of the Conventionthrough bilateral, regional and other multilateral channels.

ARTICLE 12

COMMUNICATION OF INFORMATION RELATED TO IMPLEMENTATION

1. In accordance with Article 4, paragraph 1, each Partyshall communicate to the Conference of the Parties, throughthe secretariat, the following elements of information:

(a) A national inventory of anthropogenic emissions bysources and removals by sinks of all greenhousegases not controlled by the Montreal Protocol, tothe extent its capacities permit, using comparablemethodologies to be promoted and agreed upon by theConference of the Parties;

(b) A general description of steps taken or envisaged bythe Party to implement the Convention; and

(c) Any other information that the Party considersrelevant to the achievement of the objective of theConvention and suitable for inclusion in itscommunication, including, if feasible, materialrelevant for calculations of global emission trends.

2. Each developed country Party and each other Partyincluded in Annex I shall incorporate in its communication thefollowing elements of information:

(a) A detailed description of the policies and measuresthat it has adopted to implement its commitmentunder Article 4, paragraphs 2(a) and 2(b); and

(b) A specific estimate of the effects that the policiesand measures referred to in subparagraph (a)immediately above will have on anthropogenicemissions by its sources and removals by its sinksof greenhouse gases during the period referred to inArticle 4, paragraph 2(a).

3. In addition, each developed country Party and each otherdeveloped Party included in Annex II shall incorporate detailsof measures taken in accordance with Article 4, paragraphs 3,4 and 5.

4. Developing country Parties may, on a voluntary basis,propose projects for financing, including specifictechnologies, materials, equipment, techniques or practices

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that would be needed to implement such projects, along with,if possible, an estimate of all incremental costs, of thereductions of emissions and increments of removals ofgreenhouse gases, as well as an estimate of the consequentbenefits.

5. Each developed country Party and each other Partyincluded in Annex I shall make its initial communicationwithin six months of the entry into force of the Conventionfor that Party. Each Party not so listed shall make itsinitial communication within three years of the entry intoforce of the Convention for that Party, or of the availabilityof financial resources in accordance with Article 4, paragraph3. Parties that are least developed countries may make theirinitial communication at their discretion. The frequency ofsubsequent communications by all Parties shall be determinedby the Conference of the Parties, taking into account thedifferentiated timetable set by this paragraph.

6. Information communicated by Parties under this Articleshall be transmitted by the secretariat as soon as possible tothe Conference of the Parties and to any subsidiary bodiesconcerned. If necessary, the procedures for the communicationof information may be further considered by the Conference ofthe Parties.

7. From its first session, the Conference of the Partiesshall arrange for the provision to developing country Partiesof technical and financial support, on request, in compilingand communicating information under this Article, as well asin identifying the technical and financial needs associatedwith proposed projects and response measures under Article 4.Such support may be provided by other Parties, by competentinternational organizations and by the secretariat, asappropriate.

8. Any group of Parties may, subject to guidelines adoptedby the Conference of the Parties, and to prior notification tothe Conference of the Parties, make a joint communication infulfilment of their obligations under this Article, providedthat such a communication includes information on thefulfilment by each of these Parties of its individualobligations under the Convention.

9. Information received by the secretariat that isdesignated by a Party as confidential, in accordance withcriteria to be established by the Conference of the Parties,shall be aggregated by the secretariat to protect itsconfidentiality before being made available to any of thebodies involved in the communication and review ofinformation.

10. Subject to paragraph 9 above, and without prejudice tothe ability of any Party to make public its communication atany time, the secretariat shall make communications by Parties

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under this Article publicly available at the time they aresubmitted to the Conference of the Parties.

ARTICLE 13

RESOLUTION OF QUESTIONS REGARDING IMPLEMENTATION

The Conference of the Parties shall, at its firstsession, consider the establishment of a multilateralconsultative process, available to Parties on their request,for the resolution of questions regarding the implementationof the Convention.

ARTICLE 14

SETTLEMENT OF DISPUTES

1. In the event of a dispute between any two or more Partiesconcerning the interpretation or application of theConvention, the Parties concerned shall seek a settlement ofthe dispute through negotiation or any other peaceful means oftheir own choice.

2. When ratifying, accepting, approving or acceding to theConvention, or at any time thereafter, a Party which is not aregional economic integration organization may declare in awritten instrument submitted to the Depositary that, inrespect of any dispute concerning the interpretation orapplication of the Convention, it recognizes as compulsoryipso facto and without special agreement, in relation to anyParty accepting the same obligation:

(a) Submission of the dispute to the International Courtof Justice, and/or

(b) Arbitration in accordance with procedures to beadopted by the Conference of the Parties as soon aspracticable, in an annex on arbitration.

A Party which is a regional economic integration organizationmay make a declaration with like effect in relation toarbitration in accordance with the procedures referred to insubparagraph (b) above.

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

4. A new declaration, a notice of revocation or the expiryof a declaration shall not in any way affect proceedingspending before the International Court of Justice or thearbitral tribunal, unless the parties to the dispute otherwiseagree.

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5. Subject to the operation of paragraph 2 above, if aftertwelve months following notification by one Party to anotherthat a dispute exists between them, the Parties concerned havenot been able to settle their dispute through the meansmentioned in paragraph 1 above, the dispute shall besubmitted, at the request of any of the parties to thedispute, to conciliation.

6. A conciliation commission shall be created upon therequest of one of the parties to the dispute. The commissionshall be composed of an equal number of members appointed byeach party concerned and a chairman chosen jointly by themembers appointed by each party. The commission shall rendera recommendatory award, which the parties shall consider ingood faith.

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

8. The provisions of this Article shall apply to any relatedlegal instrument which the Conference of the Parties mayadopt, unless the instrument provides otherwise.

ARTICLE 15

AMENDMENTS TO THE CONVENTION

1. Any Party may propose amendments to the Convention.

2. Amendments to the Convention shall be adopted at anordinary session of the Conference of the Parties. The textof any proposed amendment to the Convention shall becommunicated to the Parties by the secretariat at least sixmonths before the meeting at which it is proposed foradoption. The secretariat shall also communicate proposedamendments to the signatories to the Convention and, forinformation, to the Depositary.

3. The Parties shall make every effort to reach agreement onany proposed amendment to the Convention by consensus. If allefforts at consensus have been exhausted, and no agreementreached, the amendment shall as a last resort be adopted by athree-fourths majority vote of the Parties present and votingat the meeting. The adopted amendment shall be communicatedby the secretariat to the Depositary, who shall circulate itto all Parties for their acceptance.

4. Instruments of acceptance in respect of an amendmentshall be deposited with the Depositary. An amendment adoptedin accordance with paragraph 3 above shall enter into forcefor those Parties having accepted it on the ninetieth dayafter the date of receipt by the Depositary of an instrumentof acceptance by at least three fourths of the Parties to theConvention.

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5. The amendment shall enter into force for any other Partyon the ninetieth day after the date on which that Partydeposits with the Depositary its instrument of acceptance ofthe said amendment.

6. For the purposes of this Article, "Parties present andvoting" means Parties present and casting an affirmative ornegative vote.

ARTICLE 16

ADOPTION AND AMENDMENT OF ANNEXES TO THE CONVENTION

1. Annexes to the Convention shall form an integral partthereof and, unless otherwise expressly provided, a referenceto the Convention constitutes at the same time a reference toany annexes thereto. Without prejudice to the provisions ofArticle 14, paragraphs 2(b) and 7, such annexes shall berestricted to lists, forms and any other material of adescriptive nature that is of a scientific, technical,procedural or administrative character.

2. Annexes to the Convention shall be proposed and adoptedin accordance with the procedure set forth in Article 15,paragraphs 2, 3 and 4.

3. An annex that has been adopted in accordance withparagraph 2 above shall enter into force for all Parties tothe Convention six months after the date of the communicationby the Depositary to such Parties of the adoption of theannex, except for those Parties that have notified theDepositary, in writing, within that period of theirnon-acceptance of the annex. The annex shall enter into forcefor Parties which withdraw their notification ofnon-acceptance on the ninetieth day after the date on whichwithdrawal of such notification has been received by theDepositary.

4. The proposal, adoption and entry into force of amendmentsto annexes to the Convention shall be subject to the sameprocedure as that for the proposal, adoption and entry intoforce of annexes to the Convention in accordance withparagraphs 2 and 3 above.

5. If the adoption of an annex or an amendment to an annexinvolves an amendment to the Convention, that annex oramendment to an annex shall not enter into force until suchtime as the amendment to the Convention enters into force.

ARTICLE 17

PROTOCOLS

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1. The Conference of the Parties may, at any ordinarysession, adopt protocols to the Convention.

2. The text of any proposed protocol shall be communicatedto the Parties by the secretariat at least six months beforesuch a session.

3. The requirements for the entry into force of any protocolshall be established by that instrument.

4. Only Parties to the Convention may be Parties to aprotocol.

5. Decisions under any protocol shall be taken only by theParties to the protocol concerned.

ARTICLE 18

RIGHT TO VOTE

1. Each Party to the Convention shall have one vote, exceptas provided for in paragraph 2 below.

2. Regional economic integration organizations, in matterswithin their competence, shall exercise their right to votewith a number of votes equal to the number of their memberStates that are Parties to the Convention. Such anorganization shall not exercise its right to vote if any ofits member States exercises its right, and vice versa.

ARTICLE 19

DEPOSITARY

The Secretary-General of the United Nations shall be theDepositary of the Convention and of protocols adopted inaccordance with Article 17.

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ARTICLE 20

SIGNATURE

This Convention shall be open for signature by StatesMembers of the United Nations or of any of its specializedagencies or that are Parties to the Statute of theInternational Court of Justice and by regional economicintegration organizations at Rio de Janeiro, during the UnitedNations Conference on Environment and Development, andthereafter at United Nations Headquarters in New York from20 June 1992 to 19 June 1993.

ARTICLE 21

INTERIM ARRANGEMENTS

1. The secretariat functions referred to in Article 8 willbe carried out on an interim basis by the secretariatestablished by the General Assembly of the United Nations inits resolution 45/212 of 21 December 1990, until thecompletion of the first session of the Conference of theParties.

2. The head of the interim secretariat referred to inparagraph 1 above will cooperate closely with theIntergovernmental Panel on Climate Change to ensure that thePanel can respond to the need for objective scientific andtechnical advice. Other relevant scientific bodies could alsobe consulted.

3. The Global Environment Facility of the United NationsDevelopment Programme, the United Nations EnvironmentProgramme and the International Bank for Reconstruction andDevelopment shall be the international entity entrusted withthe operation of the financial mechanism referred to inArticle 11 on an interim basis. In this connection, theGlobal Environment Facility should be appropriatelyrestructured and its membership made universal to enable it tofulfil the requirements of Article 11.

ARTICLE 22

RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION

1. The Convention shall be subject to ratification,acceptance, approval or accession by States and by regionaleconomic integration organizations. It shall be open foraccession from the day after the date on which the Conventionis closed for signature. Instruments of ratification,acceptance, approval or accession shall be deposited with theDepositary.

2. Any regional economic integration organization whichbecomes a Party to the Convention without any of its member

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States being a Party shall be bound by all the obligationsunder the Convention. In the case of such organizations, oneor more of whose member States is a Party to the Convention,the organization and its member States shall decide on theirrespective responsibilities for the performance of theirobligations under the Convention. In such cases, theorganization and the member States shall not be entitled toexercise rights under the Convention concurrently.

3. In their instruments of ratification, acceptance,approval or accession, regional economic integrationorganizations shall declare the extent of their competencewith respect to the matters governed by the Convention. Theseorganizations shall also inform the Depositary, who shall inturn inform the Parties, of any substantial modification inthe extent of their competence.

ARTICLE 23

ENTRY INTO FORCE

1. The Convention shall enter into force on the ninetiethday after the date of deposit of the fiftieth instrument ofratification, acceptance, approval or accession.

2. For each State or regional economic integrationorganization that ratifies, accepts or approves the Conventionor accedes thereto after the deposit of the fiftiethinstrument of ratification, acceptance, approval or accession,the Convention shall enter into force on the ninetieth dayafter the date of deposit by such State or regional economicintegration organization of its instrument of ratification,acceptance, approval or accession.

3. For the purposes of paragraphs 1 and 2 above, anyinstrument deposited by a regional economic integrationorganization shall not be counted as additional to thosedeposited by States members of the organization.

ARTICLE 24

RESERVATIONS

No reservations may be made to the Convention.

ARTICLE 25

WITHDRAWAL

1. At any time after three years from the date on which theConvention has entered into force for a Party, that Party maywithdraw from the Convention by giving written notification tothe Depositary.

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2. Any such withdrawal shall take effect upon expiry of oneyear from the date of receipt by the Depositary of thenotification of withdrawal, or on such later date as may bespecified in the notification of withdrawal.

3. Any Party that withdraws from the Convention shall beconsidered as also having withdrawn from any protocol to whichit is a Party.

ARTICLE 26

AUTHENTIC TEXTS

The original of this Convention, of which the Arabic,Chinese, English, French, Russian and Spanish texts areequally authentic, shall be deposited with theSecretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorizedto that effect, have signed this Convention.

DONE at New York this ninth day of May one thousand ninehundred and ninety-two.

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Annex I

AustraliaAustriaBelarusa/BelgiumBulgariaa/CanadaCzechoslovakiaa/DenmarkEuropean Economic CommunityEstoniaa/FinlandFranceGermanyGreeceHungarya/IcelandIrelandItalyJapanLatviaa/Lithuaniaa/LuxembourgNetherlandsNew ZealandNorwayPolanda/PortugalRomaniaa/Russian Federationa/SpainSwedenSwitzerlandTurkeyUkrainea/United Kingdom of Great Britain and Northern IrelandUnited States of America

_________________________________

a/ Countries that are undergoing the process of transitionto a market economy.

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Annex II

AustraliaAustriaBelgiumCanadaDenmarkEuropean Economic CommunityFinlandFranceGermanyGreeceIcelandIrelandItalyJapanLuxembourgNetherlandsNew ZealandNorwayPortugalSpainSwedenSwitzerlandTurkeyUnited Kingdom of Great Britain and Northern IrelandUnited States of America