The Paris Agreement –

operationalization and implementation after COP 24

Dr Daniel Klein

Legal Officer

United Nations Climate Change Secretariat (UNFCCC)

A. The goals and central mechanics of the Paris Agreement

I. Background and introduction

II. Key components of the Paris Agreement architecture

and their operationalization through the ‘Katowice climate package’

The Paris Agreement –operationalization and implementation after COP 24

B. National implementation and outlook– Direction of travel and immediate next steps

UNITED NATIONS FRAMEWORK CONVENTION ON

CLIMATE CHANGE (UNFCCC)

Adopted 1992, in force 1994

197 Parties

KYOTO PROTOCOL

Adopted 1995, in force 2005

192 Parties

PARIS AGREEMENT

Adopted Dec. 2015, in force Nov. 2016

186 Parties (9 June 2019)1st commitment period: 2005-2012

2nd commitment period: 2013-2020 (not yet in force: 128 of 144 Parties, 9/6/19)

I. Background and introduction – the UN Climate Change Regime

From "two “tracks” – (to three...) – to one

I. Background and introduction – negotiations towards the Paris Agreement

❖ COP 21 (Paris, Dec. 2015) – Adoption of the Paris Agreement

❖ November 2016 – entry into force of the PA

❖ COP 22 (Marrakesh, Nov 2016): First meeting of the “CMA“

I. Background and introduction – From Paris to Katowice

❖ COP 23 (Bonn, Nov. 2017):

❖ Accelerated negotiations on the Paris Agreement work programme (PAWP)

❖ First assessment of progress launched (‚Talanoa dialogue‘)

❖ COP 24 (Katowice, Dec. 2018) – Conclusion of the PAWP

❖ Operational guidance adopted (as ‚Katowice climate package‘)

❖ 20 decisions on implementation guidance

= Paris Agreement is now operationalized at the international level

❖ Except: Rules on the cooperative approaches under Article 6 –expected by December 2019

❖ Further details on Transparency Framework – by December 2020

I. Background and introduction – From Paris to Katowice

❖ IPCC Special report on global warming of 1.5C (Oct 2018)

❖ Talanoa Dialogueassesses progress

II. Key components of the Paris Agreement architecture

General characteristics

• Legal instrument – “under the Convention”

• Treaty under public international law

➢ ratification; entry into force

• Universality – “applicable to all”

➢ Nationally determined contributions (NDCs)

• Top-down guidance & bottom-up action (‘Hybrid approach’)

➢ With individual procedural obligations and

➢ Governance: transparency + collective assessment + compliance

Top-down guidance

II. Key components of the Paris Agreement architecture

1. The Goals (Purpose – Article 2.1 Paris Agreement)

Aim: Strengthen the global response to the threat of climate change by:

(a) holding global temperature increase to well below 2°C above pre-industrial levels and pursue efforts to limit it to 1.5°C

complemented by the mitigation goal (Article 4.1):

➢ peaking of global greenhouse gas (GHG) emissions as soon as possible

➢ rapid decline thereafter

➢ reaching ‘net zero’ emissions in the second half of this century

Top-down guidance

1. The Goals (Article 2.1 Paris Agreement)

Aim: Strengthen the global response to the threat of climate change by …

II. Key components of the Paris Agreement architecture

(b) … increasing the ability to adapt to climate change impacts and fostering climate resilience and low GHG emissions development

– complemented by the Adaptation goal (Art 7.1):

➢ enhancing adaptive capacity,

➢ strengthening resilience and reducing vulnerability

➢ ensuring an adequate adaptation response in the context of the 2/1.5 C temperature goal

Top-down guidance

1. The Goals (Article 2.1 Paris Agreement)

Aim: Strengthen the global response to the threat of climate change by …

II. Key components of the Paris Agreement architecture

(c) making finance flows “consistent with a pathway towards low GHG emissions and climate-resilient development”.

– complemented by the climate finance goals:

➢mobilizing USD 100 billion every year from 2020 (decision 1/CP.21)

➢ new goal prior to 2025 (decision 1/CP.21)

Operationalization: At CMA 3 (Nov 2020) Parties will:

➢ initiate deliberations on setting a new collective quantified goal, from a floor of USD 100 billion per year,

➢ incl. consideration of the aim of making finance flows consistent… (Art 2.1(c)) (14/CMA.1)

Top-down guidance

II. Key components of the Paris Agreement architecture

2. The Principles

➢ Highest possible ambition

➢ Progression beyond previous efforts

➢ Common but differentiated responsibilities and respective capabilities“in the light of different national circumstances”

➢ Leadership by developed countries

➢ Quantified economy-wide emission targets

➢ Finance

Bottom-up action

II. Key components of the Paris Agreement architecture

3. Nationally determined contributions (NDCs) – Article 4

➢ Communicate an NDC every 5 years

➢ Pursue domestic mitigation measures (to achieve the NDC)

➢Account for the NDC

Operationalization (Decisions 4–7/CMA.1):

➢ information requirements on NDCs mandatory as of 2nd NDC quantifiability

➢ basic accounting guidance environmental integrity (4/CMA.1 annexes I and II)

➢ NDC registry further operationalized – in 1 portal with the Adap.Comm. registry all in 1 place (5/CMA.1)

➢ Forum on Response Measures consolidated implementation focus, expert support (7/CMA.1)

➢ Open: Common time frames for NDCs – apply from 2030; to be negotiated (6/CMA.1)

Nationally determined contributions (NDCs)https://unfccc.int/process/the-paris-agreement/nationally-determined-contributionshttps://unfccc.int

Nationally determined contributions (NDCs)

Bottom-up action

II. Key components of the Paris Agreement architecture

4. Adaptation planning & communication – Article 7

➢ Engage in adaptation planning processes

NAPs

➢Adaptation Communication

Operationalization (Decisions 9–11/CMA.1): ➢ Substantive elements of the AComm. (voluntary); clarifications on the document vehicles;

timing/cycle: submit ‘in time to inform each Global stocktake’ (9/CMA.1 + annex)

➢AComm. registry established – in 1 portal with NDC registry (10/CMA.1)

➢ Recognition of adaptation efforts by developing countries; further methodological work, incl. on: assessing

adaptation needs; facilitating support mobilization; reviewing adequacy & effectiveness of adaptation & support (11/CMA.1)

Support

II. Key components of the Paris Agreement architecture

5. Finance, Technology, Capacity-Building – Articles 9–11

➢ Provide and mobilize climate finance (Art. 9)

➢ Obligation for developed countries; leadership; + ex ante finance information

➢ Open for developing country donors (voluntary)

➢ Strengthen cooperation on technology development and transfer (Art. 10)

➢ Technology framework & Technology Mechanism

Operationalization (Decisions 12–16/CMA.1): ➢List for ex ante information (12/CMA.1, annex)

➢Adaptation Fund to serve the PA (13/CMA.1 + 1/CMP.14)

➢Technology framework operational; TORs for 1st periodic assessment of TM, 2021-22 (15+16/CMA.1)

➢ Cooperate to enhance capacities of developing countries (Art. 11)

➢ Open: Institutional arrangements for Capacity-building – Paris Committee to serve PA?

➢ Setting new collective finance goal: begin 2020 (CMA3)

Governance

II. Key components of the Paris Agreement architecture

6. Transparency + Global Stocktake + Facilitation & Compliance

➢ Transparency framework for action and support (Art. 13)

➢ Individual biennial reporting; review by experts

➢ Global stocktake (Art 14) – every 5 years, beginning in 2023

➢Collective assessment of progress, based on science & equity inform new NDCs

Operationalization (Decisions 18–20/CMA.1): ➢ Detailed guidance on reporting & review of: national GHG inventories; tracking of progress on

NDCs; impacts & adaptation; support provided; support received (18/CMA.1, annex)

➢ Modalities of the GST: 3 phases (info. collection; assessment; outputs), technical dialogue (19/CMA.1)

➢ Modalities of the Committee: initiation, process, measures start in 2020 (20/CMA.1)

➢ Committee to facilitate implementation and promote compliance (Art. 15)

➢ 12 expert members (+12 alternates); individual implementation; no sanctions

7. Other elements

II. Key components of the Paris Agreement architecture

➢ Cooperative approaches – Art. 6

➢ Market-based approaches – use of ‘internationally transferrable mitigation outcomes’ (ITMOs) (Art. 6.2)

➢ Mechanism – (Art 6.4)

➢ Framework for non-market approaches (Art 6.8)

➢ Sinks and reservoirs (incl. forests; REDD-plus) – Art. 5

➢ Loss and damage – Art. 8

➢ Public awareness, public participation etc. – Art. 1

➢ Overall governance and institutions: ➢Conference of the Parties (CMA), Subsidiary bodies and expert bodies; Secretariat

II. Features and functions

The ambition cycle“Holding well

below 2oC

Efforts to limit to 1.5oC”

Global peaking asap and emissions to zeroin 2nd half of century

Update / new Nationally

Determined Contributions

(NDCs)

Communicate NDCs every 5 years – progression and

highest possible ambition

Talanoa dialogue 2018

Global stocktake 2023 + every 5 years

Direction of travel

B. National implementation

The goals:

Art 2.1(a) & Art 4.1 Paris Agreement:

➢Holding global warming to well below 2°C above pre-industrial levels and pursuing efforts to limit it to 1.5°C

➢ peaking of global GHG emissions asap, rapid decline thereafter

➢ ‘net zero’ emissions in the second half of this century

The science:

Direction of travel

B. National implementationThe science:

• The gap in 2030 between emission levels under full implementation of conditional NDCs and those consistent with … the 2°C target is 13 GtCO2e.

If only the unconditional NDCs are implemented, the gap increases to 15 GtCO2e.

• The gap in the case of the 1.5°C target is 29 GtCO2e and 32 GtCO2e, respectively.UNEP Gap report 2018 – Executive Summary

Climate action is on the rise, but not at the speed and scale we need.

According to the science, global emissions containue to rise.

The window for action is closing fast – we need to do more and we need to do it now.

We must fulfil the goals of the Paris Agreement.

We must achieve a just transformation towards a better world.

We must unlock the full potential of technology.

We must act together. COP 23, November 2017

Immediate next steps

B. National implementation

Under way:

➢ Parties moving into full implementation

➢ Enacting or revising policies, laws and regulations

By 2020:

➢ New or updated NDCs

➢ Increase ambition (?)

2019

• UN Secretary General’s Summit, September 2019

• COP 25, Santiago de Chile, December 2019

Immediate next steps

B. National implementation By 2020:

➢ Long-term strategies for low GHG emission development (2050)

B. National implementation

Renewable energy (RE) in Nationally deteremined contributions (NDCs)

• Most countries have included renewable energy (RE) in their NDCs.

• While 85 UNFCCC Parties have not included quantified targets for RE in their NDCs,

many of them have ambitious national energy plans in place.

• The inclusion of RE components in NDCs can help attract additional investment in the renewable energy sector.

IRENA (2017), Untapped potential for climate action: Renewable

energy in Nationally Determined Contributions

Of all 194 INDCs/NDCs (end of 2017), 145 referred to RE action to mitigate and adapt to climate change. 109 Parties included some form of quantified target for RE.

B. National implementation

However, …

• NDCs have not kept up with the recent rapid growth in renewables.

• RE deployment can not only contribute to emission reductions but also to adaptation efforts, e.g., by promoting the diversification of the power supply and by building resilience through improved energy access.

• The cost-effective potential for RE is much higher than what is captured in current NDCs.

• Significant potential exists to strengthen RE targets in the next round of NDCs.

IRENA (2017), Untapped potential for climate action: Renewable

energy in Nationally Determined Contributions

www.unfccc.int – dklein@unfccc.int

Thank you!

The Paris Agreement –operationalization and implementation after COP 24

Note: All views in this presentation are expressed in a personal capacity and do not necessarily reflect the views of the United Nations or the UNFCCC.