LAW No. 24 of 6 May 1994 on the ratification of the framework Convention to the United Nations on climate change, signed in Rio de Janeiro on 5 June 1992, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 119 of 12 May 1994 Parliament adopts this law.
The sole article Shall ratify the framework Convention of the United Nations on climate change, signed in Rio de Janeiro on 5 June 1992, on the occasion of the United Nations Conference on environment and development.
This law was adopted by the Senate at its meeting on 17 February 1994, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. O'LEARY GAITAN this law was adopted by the Chamber of deputies at its meeting on 18 April 1994, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE CONVENTION UNITED NATIONS framework on climate change *) Note *) version.
The parties to this Convention, conscious that the planet's climate changes and their negative effects are a concern for all mankind, concerned with the fact that human activity has made to grow noticeably greenhouse gas concentrations of GHGs in the atmosphere as it intensifies the greenhouse effect increase naturally and as a result will, on average, an additional heating of the land surface , which is likely to sustain natural ecosystems and mankind, noting that most of the greenhouse gases emitted in the world in the past and currently face, originate in developed countries, that per capita emissions in developing countries are still relatively weak, and that the total emissions attributable to developing countries will be growing in order to enable their social needs and development , aware of the role and importance of absorbantilor and greenhouse gas sinks of GHGs in terrestrial ecosystems and marine forecast, noting that climate change is affected by a large number of uncertainties, especially with regard to their conduct in the time scale and their regional characteristics, aware of the global nature of climate change, which require all countries to cooperate and to participate in an international action appropriate, effective and, according to their responsibilities common, but differentiated according to ability and their social and economic situation, recalling the pertinent provisions of the Declaration of the United Nations Conference on the environment, adopted at Stockholm on 16 June 1972, recalling that, in accordance with the Charter of the United Nations and the principles of international law, States have the sovereign right to exploit their own resources according to their own environmental and development policies , and a duty to ensure that the activities pursued within their jurisdiction or under their control, to cause no harm to the environment in other States or regions that do not depend on any national jurisdiction, the principle of sovereignty of States reafirmind must be the basis for international cooperation in the face of climate change, believing that it is the right of States to enact effective legislation on the environment as rules, goals and ecological management priorities should reflect the environmental and developmental conditions in which they will be registered and that the rules applied by some countries, risking to be inappropriate and too costly economically and socially for other countries, especially for developing countries, recalling the provisions of resolution No. 44/228 the General Assembly of 22 December 1989 concerning the United Nations Conference on the environment and development, and its resolutions No. 43/53 of 6 December 1988, 44/226 of 22 December 1989, 45/213 of 21 December 1990 and 46/170 of 19 December 1991 on the protection of global climate for present and future generations, recalling the provisions of resolution No. 44/206 the General Assembly of 22 December 1989 on the possible adverse effects of an increase in the level of the great front of Islands and coastal areas, especially compared to the coastal areas, as well as little relevant provisions of its Resolution No. 44/172 of 19 December 1989 on the implementation of the plan of action to combat desertification, recalling, in addition, the Vienna Convention of 1985 on the protection of the ozone layer and the Montreal Protocol of 1987 concerning substances which deplete the ozone layer, adopted and amended on 29 June 1990, taking note of the Ministerial Declaration of the second Global Conference on climate adopted on 7 November 1990, aware of the value of the work performed by the analysis of numerous States on climate change and the important contributions made by the World Meteorological Organization, United Nations Environment Programme and other organs, organizations and bodies of the United Nations and other international and intergovernmental bodies, the exchange of results of scientific research and the coordination of research, aware that the measures which allow to understand climate change and to make their face for environmental efficiency and social and economic efficiency, if they are based on scientific considerations, appropriate technical and economic, and if they are constantly reassessed in the light of new advances in these areas, knowing that the various measures taken to make the face of climate change can be found in the economic justification for themselves and can also help in solving other environmental problems knowing, in equal measure, as the developed nations must act immediately and with suppleness, on the basis of clearly defined priorities, which will constitute a first step towards overall strategies at global, national and possibly regional, rebuff these strategies must take into account all greenhouse gases and to take into account, as it should be everyone's role in intensifying the greenhouse effect, knowing, moreover, as countries situated at a small height compared to sea level and other small island countries, countries having little coast areas, arid or semi-arid areas or areas subject to floods, drought and desertification, and developing countries given the fragile mountainous ecosystems are particularly vulnerable to the adverse effects of climate change conscious of the special difficulties, they will know the countries, in particular developing countries whose economy is particularly tributara production, use and export of fossil fuels, as a result of measures taken to limit emissions of greenhouse gases, arguing that the measures taken in order to avoid climate change needs to be closely coordinated with social and economic development to avoid any incidence upon the latter nefarious, taking into account the legitimate priority needs of developing countries, namely sustainable economic growth and poverty eradication, conscious that all countries and, in particular, developing countries must be able to gain access to the resources necessary for a sustainable social and economic development and that, in order to advance towards this goal , developing countries need to increase their energy consumption, nepierzând out of sight as possible to arrive at a better energy efficiency and to control emissions of greenhouse gases in a general way and, most importantly, applying new technologies in favorable terms from economically and socially, his decisive climate system ocroteasca for present and future generations , have agreed the following: Article 1 Definitions in the spirit of this Convention: 1. the adverse effects of climate change: the physical environment or changes of living beings due to climate change and pursuing significant adverse effects on the composition, stability, and productivity of natural ecosystems or furnished on the socio-economic systems or officials on the health and well-being of man;
2. climate change: changes in climate that are attributed directly or indirectly to human activity that alter the composition of the global atmosphere and which add natural variability of the climate observed during the comparable periods;
3. the climate system: an Assembly that includes the atmosphere, hydrosphere, biosphere and pedosphere as well as their interactions;
4. emission of atmosphere: releasing greenhouse gases or precursors of such gas in a given area and during a given period;
5. greenhouse gases: atmospheric gas constituents you both natural and anthropogenic, that absorb and reemit infrared radiation;
6. the regional economic integration organisation: an organisation constituted by sovereign States of a given region, has jurisdiction over the areas determined by this Convention or its protocols and has been authorized, in accordance with its internal procedures, to sign, to ratify, accept or approve through top called tools or to accede thereto;
7. tank: one or more automatic climate system which retained a greenhouse gas or a precursor of a greenhouse gas;
8. any process: absorbent, any activity or any natural or artificial mechanism which leads to the extinction of the atmosphere of a greenhouse gas, an aerosol or a precursor of a greenhouse gas;
9. source: any process or activity which releases into the atmosphere of a greenhouse gas, an aerosol or a precursor of a greenhouse gas.
The ultimate objective of this Convention and of any related legal instruments that the Conference of the parties may adopt is to stabilize, according to the relevant provisions of the Convention, concentrations of greenhouse gases in the atmosphere at a level that would prevent dangerous anthropogenic disturbance of the climate system. Will agree to achieve this goal over a period of time sufficient for ecosystems to adapt naturally to climate change, to ensure that food production is not threatened, and economic development to be able to run in a sustainable way.
Article 3 principles in the measures they will take to achieve the objective of the Convention and to implement its provisions, the Parties shall be guided by the following: 1. The task of the parties to ocroteasca climate system for the benefit of present and future generations on the basis of equity and in accordance with their responsibilities common but differentiated and their capabilities. In consequence, he returned to the task of developed countries-parties to be at the forefront of the fight against climate change and the adverse effects.
2. It is appropriate to take account of the specific needs and special situation of the developing countries-parties, especially those that are particularly vulnerable to the adverse effects of climate change, as well as to parties, particularly developing-country Parties, of which the Convention would impose a pregnancy is entitled or abnormal.
3. In the task of the parties to take precautionary measures to predict, prevent or mitigate the causes of climate change and to limit the adverse effects thereof. When there is risk of serious or irreversible disturbances, absence of absolute scientific certainty must not serve as a pretext to adjourn the adoption of such measures, being established as policies and measures which they attract advertising climate a good cost-effectiveness ratio to ensure global benefits at the lowest cost possible. To achieve this purpose, it is appropriate that these policies and measures to take account of the different socio-economic contexts, be global, should extend to all sources, all absorbantii and all the tanks of greenhouse gas, on which it was agreed to include measures to adapt and to apply to all economic sectors. The initiatives aimed to make the face of climate change will be the subject of a concerted action of interested parties.
4. the parties have the right to act for sustainable development and the need to deal with it effectively. It is necessary that policies and measures designed to protect the climate system against human-induced change should be adapted to the situation of each party and should be integrated into national development programmes, economic development being indispensable for the adoption of measures intended to make the face of climate change.
5. Returns to work in the task of the parties by agreement to an open international economic system that would lead to economic growth and sustainable development in all parties, particularly developing-country Parties, to enable them to study more thoroughly the problems posed by climate change. Should be avoided as the measures taken to combat climate change, including unilateral measures, to constitute a means of arbitrary discrimination enforcement or unjustified in terms of international trade or other obstacles in the path of this disguised trade.
Article 4 Commitments 1. All parties, taking into account their responsibilities common, but differentiated, and their specific national and regional priorities of development objectives and their situation: a) shall bring the public up to date on a regular basis, and make available to the Conference of the parties, in accordance with art. 12, national inventories of anthropogenic emissions on the basis of their sources and the absorbantilor of all greenhouse gases not controlled by the Montreal Protocol, recurgind at comparable methods which will be approved by the Conference of the parties;
b) establish, construct, publish and bring up to date regularly, national programmes and, where appropriate, regional, which contain measures concerning climate change mitigation taking into account anthropogenic emissions and lessening the fume gases with greenhouse effect not controlled by the Montreal Protocol, and measures to facilitate adequate adaptation concerning climate change;
c) encourages and support their cooperation through the development, application and dissemination-particularly on the way of transfer of technologies, practices-and methods that allow you to control, reduce or prevent anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol in all relevant sectors, including the energy, transport, industry, agriculture, forests and waste management;
(d) encourages sustainable management), encourage and support, through their cooperation, conservation and, where necessary, strengthening the absorbantilor and tanks of all greenhouse gases not controlled by the Montreal Protocol, especially biomass, forests and oceans as well as other terrestrial, coastal ecosystems and marine;
(e) preparing, in co-operation), adaptation to the impacts of climate change, devise and put in place appropriate and integrated plans for coastal zones management, water resources and agriculture, and for the protection and restoration of areas affected by drought and desertificare, in particular in Africa, and affected by the floods;
f) their policies and actions in social, economic and environment take into account, to the extent possible, of considerations related to climate change and using appropriate methods, for example, impact studies, formulated and defined at national level in order to minimise the harmful effects-economy, public health and environmental quality of projects or measures undertaken by them with a view to lifting them in climate change or adapt to them;
g) encourage and support, through their cooperation, scientific research, technology, and other observation socioeconomica systematic and formation of arhive of data on the climate system, which make it possible to better understand the causes, effects, magnitude and the staggering in time of climate change, as well as economic and social consequences of various response strategies, to reduce and to dispel the uncertainties that exist in this regard;
h) encourage and support, through their cooperation, the exchange of scientific, technological, technical, socio-economic and legal on the climate system, as well as economic and social consequences of various response strategies, these data must be exchanged, in their entirety, and prompt;
I) encourages and support, through their cooperation, education, training and public awareness in the field of climate change and encourage the widest participation in this process, especially that of non-governmental organizations;
j) communicates information on the implementation of the Conference of the parties, in accordance with art. 12.2. Developed countries-parties and other Parties included in annex No. I take specific commitments listed below: a) each of the parties to adopt national policies ^ 1) and, in consequence, necessary measures to mitigate climate change, anthropogenic emissions of limitind its greenhouse gas, protejind and strengthening its tanks absorbantii and greenhouse gases. These policies and measures demonstrates that developed countries take the initiative of a change in long-term trends in anthropogenic emissions, according to the objective of the Convention, recognizing that the return by the end of this decade, the previous levels of anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol would contribute to such a change, and taking account of the differences between these parties in regard to their point of departure their approach, their economic structure and their resources, the need to maintain strong and sustainable economic growth, available technologies and other circumstances of each case, as well as the need for each of these parties to contribute appropriately and equitably to the world-wide effort be undertaken to achieve this objective. These parties may apply such policies and measures, in association with other parties and may assist other parties in contributing to the objective of the Convention, in particular to those of this paragraph;
b) in order to facilitate progress in this direction, each Party shall communicate, within a period of six months from the entry into force of the Convention for it, and periodically thereafter, in accordance with article 5. 12, detailed information on the policies and measures referred to in paragraph 1. the) and forecasts resulting therefrom in terms of emissions, anthropogenic sources, and the absorption through the fume gases, greenhouse, not controlled by the Montreal Protocol, for the period referred to in paragraph 1. to return), individually or jointly, the anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol, at 1990 levels. Conference of the parties will review this information passes in his first session, then at regular intervals, in accordance with art. 7;
c) it is necessary that, in the spirit of paragraph 3. b calculation of quantities), greenhouse gases, emitted by sources minus of fume gases with greenhouse effect, should be carried out on the basis of the best available scientific knowledge, especially in terms of the actual capacity of the absorbantilor and the contribution of each of these gases to climate change. Conference of the parties will consider and will adopt the methods that are to be used for this calculation at its first session and, subsequently, it will pass in review, at regular intervals;
d) Conference of the parties, at its first session, will consider paragraph 5. the a and b)), to see if they are adequate. She will do in the light of scientific data and the most reliable assessments on climate change and their impact, as well as technical data, relevant social and economic. Based on this examination, the Conference of the Parties shall take the necessary measures that will allow for the adoption of amendments to the commitments referred to in paragraph 1. the a and b)). At its first session, it will also take decisions regarding criteria for determining an application, as you indicate in paragraph 2. a). She will proceed to a second examination of paragraph 1. the a and b)) the latest, until 31 December 1998, at regular intervals thereafter, that's all it will be decided until the Convention's objective will be attained;
e) each of those sides: i) coordinates, as appropriate, with other parties concerned, appropriate economic and administrative instruments developed in the spirit of the Convention's objective;
identify and review them periodically) policies and practices which encourage activities that lead to an increase in the level of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol, which would otherwise occur;
f) Conference of the parties will go in the magazine, the latest by 31 December 1998, available information with a view to decide on the amendments which will bring them lists appearing in appendices. I and II, with the consent of the party concerned;
g) any party not listed in the annex. I will be able, in its instrument of ratification, acceptance, approval or accession, or at any time thereafter, notify the depositary of its intention to be engaged by the provisions of paragraph 1. the a and b)). The depositary shall inform the other signatories and parties of any notification in this regard.
3. Developed countries parties and other developed Parties in annex No. (II) provide new and additional financial resources to cover the totality of the agreed costs that you incur in developing countries-parties fulfilling their obligations arising out of article 2. 12 (1). They also provide developing countries parties, in particular for the purposes of technology transfer, financial resources in the discussion that you are required to cover the totality of the additional costs resulting from the implementation of agreed measures referred to in paragraph 1 of this article and upon which a developing country will agree with the entity or entities concerned with the international art. in accordance with article 11. The fulfilment of these commitments taking into account the fact that the consideration of funding must be adequate and predictable, as well as the importance of a proper load division between developed countries.
4. Developed countries parties and other developed Parties in annex No. Help also in developing countries-parties, are particularly vulnerable to the adverse effects of climate change, to make front to the cost of their adaptation to the effects mentioned.
5. Developed countries parties and other developed Parties in annex No. (II) take all possible measures in order to encourage, facilitate and funding, according to needs, or access to, environmentally sound technologies and experience of other parties reasonable and, in particular, of developing countries, in order to enable the application of the provisions of the Convention. In this process, the developed countries parties support the development and capacity building and clean technologies in developing countries. Other parties and organizations that are in so far as to do so may also facilitate the transfer of these technologies.
6. the Conference of the parties to grant the parties listed in the annex. I am in the transition to the market economy, to put them in position to make the face better climate, a certain degree of flexibility in fulfilling their commitments in paragraph 2, especially with regard to historical levels, which will be chosen as the reference of the anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol.
7. The extent to which developing countries will be effectively their commitments of the Convention will depend on the effective fulfilment by the developed countries-parties, their commitments regarding financial resources and transfer of technology and will take account of the fact that economic and social development and poverty eradication are priorities of developing countries.
8. In order to meet the commitments set out in this article, the parties are studying measures-in particular financing, insurance and the transfer of technologies to be taken under the Convention to meet the specific needs and concerns of the developing countries parties in front of the adverse effects of climate change and impacts of response measures, in particular in the following countries: (a) small island countries);
b) countries that have areas of the coast situated slightly above sea level;
c) countries that were dry or semi-arid areas, forested areas and areas subject to degradation of forests;
d) countries that have areas of natural disasters;
e) countries with areas subject to drought and desertification;
f) countries that have areas with a strong urban atmospheric pollution;
g) countries that have fragile ecosystems, especially on mountain ecosystems;
h) countries whose economy is strong tributara either revenues from the production, processing and export of fossil fuels and related products with a great energy power, fuel consumption and products be mentioned;
I) countries without coastal and transit countries.
Conference of the parties may take the necessary measures, as appropriate, with respect to this paragraph.
9. the Parties shall take into account, in their action on financing and technology transfer, special needs and special situation of least-developed countries.
10. In fulfilment of the commitments arising from the Convention, the Parties shall take into account, in accordance with art. 10, the situation of those of them, mostly to developing countries, whose economy is vulnerable to the adverse effects of response measures to climate change. This is in particular the case of the parties whose economy is particularly tributara be revenues from the production, processing and export of fossil fuels and related products, whether consumption of these fuels and products, whether fossil fuel use, hard to replace these parts with replacement products.
Article 5 research and systematic observation in order to fulfil their commitments under article 3. 4 § 1 para. g), the parties: (a) support and after) case, develop more organizations or programmes and international and intergovernmental networks whose purpose is to define, realize, evaluate and fund research, data collection and systematic observation, taking into account the need to limit as far as possible double uses;
(b) supporting the efforts deployed) levels of international and inter-governmental to strengthen systematic observation and national capabilities and scientific research and technique, especially in developing countries, and to encourage access to data coming from areas that do not depend on the national jurisdiction, and the analysis of these data, as well as for the promotion of them;
c concerns taken into account) and the special needs of developing countries parties and cooperate for improving their endogenous capacities and to participate in the efforts referred to in paragraph 1. the a and b)).
Article 6 education, training and public awareness in order to fulfil their commitments under article 3. 4 § 1 para. I), the parties undertake: a to encourage) and facilitate at the national level and, where appropriate, subregional and regional levels, in accordance with their laws and regulations and in accordance with their capabilities: i) development and implementation of programmes of education and public awareness on climate change and the consequences thereof;
them) public access to information on climate change and their effects;
III) public participation in examination of climate change and their effects and the development of appropriate measures to make their face; and iv) formation of scientific staff, technical and administrative;
b) claim their cooperation and encourages international, recurgind, where appropriate, using existing bodies: i) the development and exchange of educational material and material intended to sensitize the public on climate change and the effects thereof; and the development and) conducting education and training programmes, including by strengthening national bodies and by the Exchange or detaching personnel tasked to form the subject matter experts, especially for developing countries.
Article 7 the Conference of the parties 1. It was created a Conference of the parties.
2. As the supreme body of this Convention, the Conference of the parties regularly make the balance sheet of the application of the Convention and other related legal instruments it may take and take, within the limits of the mandate or decisions necessary to promote the effective implementation of the Convention. To this end, the Conference of the Parties shall periodically examine: (a) the obligations of the parties) and institutional provisions arising out of the Convention, in the light of the objective of the Convention, the experience gained at the time of its implementation and the evolution of scientific and technical knowledge;
b) encourages and facilitates the exchange of information on measures adopted by the parties to make the face of climate change and their effects, taking into account the diversity of situations, responsibilities and means of the parties, as well as their commitments on the basis of the Convention;
(c) facilitating, upon request) two or more parties, the coordination of measures adopted by them to make the face of climate change and their effects, taking into account the diversity of situations, responsibilities and means of the parties, as well as their commitments on the basis of the Convention;
d) encourages and directs the objective and provisions of the Convention, developing and perfecting the regular methods comparable over which it agreed, concerning, in particular, an inventory of emissions of greenhouse gases (depending on sources) and their reduction with the help of absorbantilor, as well as assessing the effectiveness of measures taken to limit these emissions and to increase absorption of these gases;
e) evaluates based on all the information communicated to it in accordance with the provisions of the Convention, the application of the Convention by the parties, the overall effects of the measures taken in its implementation, especially the effects of environmental, economic and social development and their cumulative incidents, and the progress achieved in the realization of the objective of the Convention;
f) examines and adopt regular reports on the implementation of the Convention and ensure their publication;
g) makes recommendations on all issues necessary for the application of the Convention;
h) tries to mobilize financial resources in accordance with art. 4 paragraphs 3, 4 and 5 and article 6. 11;
I) creates subsidiary bodies as are considered necessary to the application of the Convention;
j) examines reports of these organs, to which she gives them;
k) acting and, by consensus, adopt rules and financial management rules for itself and for all the subsidiary bodies;
l) where applicable, request and use the services and the international organizations and intergovernmental and non-governmental bodies, as well as the information they provide;
m) exercise other functions necessary to achieve the objective of the Convention, as well as all other functions conferred by it.
3. the Conference of the parties adopt, at its first session, its own interior and on the regulation of subsidiary bodies created by the application of the Convention; the regulations in question include decision-making procedure applicable to problems for which the Convention does not provide for a procedure yet. This procedure may specify the majority required for the adoption of decisions.
4. The first session of the Conference of the parties will be convened by the provisional secretariat referred to in article 1. 21 and you shall be one year later after the entry into force of the Convention. Later, the Conference of the parties, unless it decides otherwise, they will hold ordinary sessions once a year.
5. the Conference of the parties you extraordinary sessions at any time that you deem it necessary, or if a party makes a request in writing, provided that this request should be supported by at least one third of the parties in the next 6 months after submission by the secretariat to the parties.
6. The United Nations specialized institutions of the United Nations and the International Atomic Energy Agency, as well as all members of one of these organizations or observers in addition to one of these organizations that are not parties to the Convention, may be represented at sessions of the Conference of the parties as observers. Any body organ or national or international, governmental or non-governmental competent in the areas covered by the Convention, which has been known as secretariat wishes to be represented at a session of the Conference of the parties, may be admitted in this quality, if at least one third of the Parties present at this don't make objection. The admission and participation of observers shall be determined by the rules adopted by the Conference of the parties inside.
Article 8 the Secretariat 1. A secretariat was created.
2. The functions of the Secretariat are as follows: a) to organize the sessions of the Conference of the parties and its subsidiary bodies created under the Convention and to provide them with the necessary services;
b) to synthesize and disseminate the reports it receives;
c) upon request, to assist the parties and, in particular, developing countries, to synthesize and disseminate the information required by the Convention;
d) reports to establish the activities and to subject them to the Conference of the parties;
e) ensure appropriate co-ordination with secretariats of other competent international bodies;
f) to take, under the supervision of the Conference of the parties, the administrative and contractual provisions that require the performance of its functions effectively; and g) to exercise any other functions assigned by the secretariat based on the Convention or one of its protocols and such other functions as the Conference of the parties may refer to it.
3. At its first session, the Conference of the Parties shall designate a permanent secretariat and will give the necessary for its operation.
Article 9 subsidiary body for scientific and technological assistance 1. It was created a subsidiary body for scientific and technological assistance, tasked to provide in due time the Conference of the parties and, where appropriate, other subsidiary bodies, information and advice on scientific and technological aspects of the Convention. This body, open to the participation of all parties, is multidisciplinary. It is composed of representatives of Governments who enjoy authority within their field of competence. He reports regularly to the Conference of the parties on all aspects of his work.
2. Body, acting under the authority of the Conference of the parties and relied on the competent international bodies, the debate has the functions: a) to determine the scientific knowledge on climate change and the consequences thereof;
b) to determine the scientific level, the effects of measures taken in application of the Convention;
c) recording technologies and innovative experience and performance from the top and indicate the means of encouraging their development and ensuring their transfer;
(d)) to provide opinions on scientific programmes, international co-operation and research and development in the field of climate change and the means to help developing countries to equip themselves with a capacity of its own;
s) to answer the questions of the methodological, technological and Scientific Conference of the parties and its subsidiary bodies will be able to put them to him.
3. The functions and mandate of the body will be able to be specified before the Conference of the parties.
Article 10 implementation subsidiary bodies 1. To create a subsidiary body for implementation to the Conference of the parties to be responsible for helping to ensure the implementation of the Convention and its pursuit. This body, open to the participation of all parties, is composed of representatives of the Governments, experts in the field of climate change. He reports regularly to the Conference of the parties on all aspects of its activities.
2. operating within the Body, the Conference of parties, has as its functions: a) to consider the information communicated in accordance with article 4. 12 paragraph 1, to assess the overall effect of conjugate measures taken by the parties in the light of the latest scientific assessments of climate change;
b) to examine the information communicated under article 12. 12 paragraph 2, the Conference of the parties in order to help carry out the examinations provided for in article 10. 4 § 2 para. d);
c) to help the Conference of the parties, according to needs, to prepare and execute its decisions.
Article 11 financial mechanism 1. A mechanism tasked to provide financial resources in the form of donations or in favourable conditions, in particular for technology transfer, defined here. This mechanism depends on the Conference of the parties, in the face of which it is responsible and who defines its own policies, priorities and eligibility criteria related to the Convention. Its operation is entrusted to one or more existing international entities.
2. The financial mechanism is established on the basis of an equitable and balanced representation of all parties within a transparent management system.
3. the Conference of the parties and the entity or entities entrusted with the operation of the financial mechanism to provide lay down arrangements needed to give effect to the above paragraphs, among which should be included: a) ways to ensure that projects financed in the field of climate change are in conformity with the policies, programme priorities and criteria for approval laid down by the Conference of the parties;
(b) the modalities under which a) financing decision can be revized in light of these policies, program priorities and criteria;
(c) the regular presentation by) the entity or entities, to the Conference of the parties, reports on its funding operations, according to its responsibility as defined in paragraph 1;
d) in a form determination, predictable and identifiable, the total amount of financial means necessary and available for the implementation of this Convention and how this amount will be revized periodically.
4. At its first session, the Conference of the parties will do what is necessary to give effect to the provisions above, in considering and taking into account the provisions of the provisional article 1. 21 paragraph 3 and shall decide on the possible mentineri of these provisions. Then, over the next four years, will assess the functioning of the mechanism and take appropriate measures.
5. Developed countries parties will also be able to provide, and the developing countries-parties will be able to obtain financial resources about bilateral, regional or multilateral, in order to implement the Convention.
Article 12 Communication of information on the application 1. According to art. 4 paragraph 1, each Party shall communicate to the Conference of the parties, through the Secretariat, information below: a) a national inventory of anthropogenic emissions by sources, and the absorption through the fume for all greenhouse gases not controlled by the Montreal Protocol, to the extent that the means allow it, using comparable methods on which the Conference of the parties of the agreement falls and whose use will encourage;
b) a general description of the measures which it takes or intends to take in order to implement the Convention;
c) any other information which the party considers useful to achieve the objective of the Convention and suitable to convey in its communication to the extent applicable, useful data to the determination of trends in anthropogenic emissions in the world.
2. Each developed country party and each other Party included in annex 4. I will include in their communication the following elements of information: a) a detailed description of the policies and measures they have adopted in order to comply commitment subscribed to art. 4 § 2 para. the a and b));
(b) the precise estimation of effects) on the policies and measures referred to in paragraph 1. He will have on them) anthropogenic emissions of greenhouse gases by sources and absorption by fume during the period referred to in article 1. 4 § 2 para. a).
3. In addition, each country developed-and every other part, listed in the annex. Give details, of the measures taken under article. 4. paragraphs 3-5.
4. Developing Countries-parties will be able to submit, on a voluntary basis, to finance projects stressing equipment, materials, technologies, techniques or practices required to execute them and giving, if possible, an estimate of all the additional costs of these projects, the expected progress in the reduction of emissions and absorption of greenhouse gases, as well as an estimate of the benefits that one can count.
5. each developed country party and each other Party included in annex 4. I will present their initial communication within the next 6 months after entry into force of the Convention as regards. Each of the parts that are not on this list will present its initial communication within the next 3 years after the entry into force of the Convention, in what concerns, or after making your financial resources, in accordance with art. 4 (3). The parts that are among the least advanced countries would be free to choose the date of their initial communication. Then, frequent communication of all parties will be fixed by the Conference of the parties, which will take account of differences in maturity indicated in this paragraph.
6. information communicated by parties under this article shall be transmitted as soon as possible by the secretariat of the Conference of the parties and its subsidiary bodies. Conference of the parties will be able, if necessary, to review the procedures for the transmission of information.
7. Beginning from its first session, the Conference of the parties will help ensure a provision has the technical and financial support to developing countries-parties, at their request, to help them to meet and to communicate the information requested in this article and to identify the technical and financial means necessary for the execution of the proposed projects and response measures taken pursuant to article 13. 4. This assistance will be provided by other parties, by competent international organizations and by the secretariat, as appropriate.
8. Any group of parties may, subject to the Conference of the parties and in conformity to the directives to inform beforehand, to fulfil the obligations laid down in this article, present a common communication provided to include in it information on how each party was acquitted of individual obligations incumbent of the Convention.
9. the information received by the secretariat and the party supplying it will indicate that they are confidential, after the Conference of the parties on criteria established by the ECB, will be compiled by the secretariat, so as to keep this character before they can be submitted by one of the bodies called upon to receive them and examine them.
10. Subject to paragraph 9 and without giving up the possibility for any party to make public its communication at any time, communications from Parties in the application of this article shall be made publicly available by the secretariat in conjunction with the Conference of the parties in their submission.
Article 13 settlement of the problems concerning the application of the Conference of the parties will, at its first session, the implementation of a multilateral consultative process, available to parties on their request, for the settlement of problems relating to the implementation of the Convention.
Article 14 regulation of disputes 1. In the event of a dispute between two or more than two parties concerning the interpretation or application of the Convention, parties are scrambling to set him on the path of negotiation or any other peaceful means of their own choice.
2. When ratifying, accepting or approving the Convention or accede to it at any time or that follow them, a party which is not a regional economic integration organization may declare, by means of a written instrument submitted to the depositary, as, any dispute related to the interpretation or application of the Convention, it recognizes as compulsory by law and in addition an agreement relating to any Party accepting the same obligation : a) submission of the dispute the International Court of Justice;
(b) the arbitration procedure), it will be adopted as soon as possible the Conference of the parties through an annex dedicated to arbitration.
A party which is a regional economic integration organization may make in arbitration matters, a statement to that effect, in accordance with the procedure referred to in paragraph 1. b). 3. The Declaration made pursuant to paragraph 2 shall remain in force after the expiry of his under or on expiry of a period of three months from the date on which written notification of cancellation of this Declaration was deposited with the depositary.
4. The filing of a new declaration, a declaration of cancellation, notification or the expiry of a declaration shall not affect any proceedings commenced in the Court an international arbitration tribunal to Justice or, provided that the parties to the dispute agree otherwise not.
5. Subject to paragraph 2, if after the expiry of 12 months from the date on which a party has notified to the other parties the existence of a dispute between them, the parties concerned have not reached to resolve the dispute between them using the means described in paragraph 1, the dispute at the request of one of the parties to the dispute shall be submitted to conciliation.
6. A Conciliation Commission was created at the request of any of the parties to the dispute. The Commission is composed of members appointed in equal numbers, each interested party and a Chairman chosen jointly by the members appointed by the parties. The Commission shall submit to the parties a recommendation on a good-faith examined.
7. the Conference of the Parties shall adopt, as soon as possible, a complementary procedure of conciliation in an annex devoted to reconciliation.
8. the provisions of this article shall apply to any related legal instrument which the Conference of the parties may adopt, provided that the instrument not stipulating 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 an ordinary session of the Conference of the parties. The text of any proposed amendment to the Convention shall be communicated to the parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The Secretariat shall also communicate proposed amendment to the signatories of the Convention and, for information, to the depositary.
3. the Parties shall not precupetesc no effort to reach agreement by consensus on any proposed amendment to the Convention. If any effort in this regard is proving useless and does not intervene no agreement, the amendment is adopted by a vote which satisfies the majority of three fourths of the Parties present and voting. The adopted amendment shall be communicated by the secretariat to the depositary, which shall communicate it to all parties for acceptance.
4. Instruments of acceptance of amendments shall be deposited with the depositary. Any amendment adopted in accordance with paragraph 3 shall enter into force for the parties which have accepted it, 90 days from the date of receipt by the depositary of instruments of acceptance by at least three fourths of the parties to the Convention.
5. The amendment shall enter into force for any other party to 90 days from the date of filing, by this part, the depositary of the instrument or of the said amendment.
6. In the spirit of this article, Parties present and voting expression means the parties are present and vote "for" or "against".
Article 16 adoption and amendment of annexes to the Convention 1. The annexes of the Convention form an integral part thereof and, except for any provision contrary to the cast, the reference to the Convention constitutes a reference to its annexes. Without prejudice to the provisions of article 4. 14 § 2 para. (b)) and paragraph 7, annexes shall be restricted to lists, formulas and other descriptive documents, scientific, technical, procedural and administrative.
2. The annexes to the Convention shall be proposed and adopted according to the procedure described in article 11. 15 paragraphs 2, 3 and 4.
3. Any Annex adopted pursuant to paragraph 2 shall enter into force for all parties to the Convention six months after the date on which it has notified the depository of the adoption, except for parties which, in the same period, notify the depositary in writing that they do not accept this annex. The Parties shall withdraw such notification of rejection, the annex shall enter into force 90 days after the receipt by the depositary of the notification of that withdrawal.
4. the proposal, adoption and entry into force of amendments to annexes to the Convention, the procedure is the same as for the proposal, adoption and entry into force of the annexes, in accordance with paragraphs 2 and 3.
5. If the adoption of an annex or an amendment to an annex requires an amendment to the Convention, the amendment this annex or has not entered into force than when the amendment to the Convention enters into force himself.
Article 17 Protocols 1. Conference of the parties may, at any of its ordinary sessions, adopt protocols to the Convention.
2. the text of any protocol shall be communicated to the parties by the secretariat at least six months before the session.
3. the rules which determine the entry into force of any protocol defined by the Protocol itself.
4. Only parties to the Convention may be parties to a protocol.
5. Only parties to the protocol shall take decisions by virtue of that protocol.
Article 18 right to vote 1. Each party to the Convention shall have one vote, subject to the provisions of paragraph 2 below.
2. In matters within their competence, the regional economic integration organizations shall require, in order to exercise their right to vote, for a number of votes equal to the number of Member States that are parties to the Convention. These organizations shall not exercise their right to vote if one of the Member States exercise on his own and vice versa.
Article 19 Depositary the Secretary-General of the United Nations is the depositary of the Convention and of the protocols adopted pursuant to article 5. 17. Article 20 Signature this Convention shall be open to signature by the Member States of the United Nations or members of a specialized institutions of the United Nations, parties to the Statute of the International Court of Justice, as well as regional economic integration organizations at Rio de Janeiro, during the United Nations Conference on the environment and development, then at United Nations Headquarters in New York , from 20 June 1992 to 19 June 1993.
Article 21 transitional provisions 1. By the end of the first session of the Conference of the parties, the secretariat functions referred to in article 1. 8 will be provisionally exercised by the secretariat created by the United Nations General Assembly through its resolution No. 45/212 of 21 December 1990.
2. The head of the provisional secretariat referred to in paragraph 1 above will cooperate closely with the Intergovernmental Panel for climate change, so that it can meet the needs of objective scientific and technical advice. They can be found in other scientific bodies.
3. Global Fund for the environment of the United Nations Development Programme, the United Nations Environment Programme and the International Bank for reconstruction and development will be the international entity entrusted, on an interim basis, the operation of the financial mechanism referred to in article 1. 11. Should, in this regard, that the Fund should be reorganized accordingly, and its members become component universal, to be able to respond to the requirements. 11. Article 22 ratification, acceptance, approval or accession 1. The Convention is subject to ratification, acceptance, approval or accession by States and regional economic integration organizations. It will be open to the accession of the next day after you cease to be its signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.
2. Any regional economic integration organization which becomes a party to the Convention, without one of its Member States to be party to it, is bound by all the obligations arising from the Convention. When one or more Member States of such organizations are parties to this Convention, the Organization and its Member States agree on their responsibilities in carrying out the obligations it imposes on the Convention. In a similar case, the Organization and its Member States are not empowered to exercise concurrent rights arising from the Convention.
3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations indicate their degree of competence against the problems arising from the Convention. In addition, these organizations shall also inform the depositary, who shall inform the parties about the results or any change of the extent of their competence.
Article 23 entry into force 1. The Convention will enter into force 90 days after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession.
2. For each State or regional economic integration organization which ratifies, accepts or approves the Convention or accede to it after the deposit of the fiftieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force 90 days after the date of deposit by such State or organization of the instrument of ratification or acceptance, approval or accession.
3. In paragraphs 1 and 2, organization of an instrument of regional economic integration is not considered in addition to those deposited by its Member States.
Restrictive Clauses article 24 no reserve cannot be made to this Convention.
Article 25 Denunciation 1. At the expiration of 3 years from the date of entry into force of the Convention for a party, it will be able to denounce through a written notification to the depositary.
2. This denunciation will take effect upon expiry of one year from the date on which the depositary has received the notification or at any later date specified in the said notice.
3. Any party which has denounced the Convention shall be considered as having terminated and any protocol to which it is a party.
Article 26 authentic texts the original of this Convention, whose texts in the English, Arabic, Chinese, Spanish, French and Russian are in equal measure authentic, will be deposited with the Secretary-General of the United Nations.
On the basis thereof, the undersigned, legally authorized for that purpose, have signed this Convention.
Done at New York on 9 May 1992.
^ 1) by this term is understood and the policies and measures adopted by regional economic integration organizations.
Annex 1 Australia Austria Belarus Belgium Bulgaria ^) ^ a) Czechoslovakia and Canada ^ a) Denmark Estonia European Community Finland France ^ a) Germany Greece Hungary Iceland Ireland ^ a) Italy Japan Latvia Lithuania ^ ^ a) of Luxembourg Netherlands New Zealand) Norway Poland Portugal Romania ^) ^ a) Russian Federation Spain Sweden ^ a) Switzerland Turkey Ukraine ^ a) United Kingdom of Great Britain and Northern Ireland United States of America) in the transition Countries towards market-oriented economies.
Annex 2 Australia Austria Belgium Denmark France Germany European Community Finland Greece Iceland Ireland Italy Japan Luxembourg Netherlands New Zealand Norway Portugal Spain Sweden Switzerland Turkey United Kingdom of Great Britain and Northern Ireland United States of America.