Article 1-10  |  Article 11-20  |  Article 21-27  |  Country-by-country emission targets

ENGLISH CONFERENCE OF THE PARTIES Third session Kyoto, 1-10 December 1997

KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

The Parties to this Protocol, Being Parties to the United Nations Framework Convention on
Climate Change, hereinafter referred to as Òthe ConventionÓ, In pursuit of the ultimate
objective of the Convention as stated in its Article 2, Recalling the provisions of the
Convention, Being guided by Article 3 of the Convention, Pursuant to the Berlin Mandate
adopted by decision 1/CP.1 of the Conference of the Parties to the Convention at its first
session, Have agreed as follows: 

Article 1 

For the purposes of this Protocol, the definitions contained in Article 1 of the Convention
shall apply. In addition: 

1. ÒConference of the PartiesÓ means the Conference of the Parties to the Convention.
UKY.97- FCCC/CP/1997/L.7/Add.1 

2. ÒConventionÓ means the United Nations Framework Convention on Climate Change, adopted in
New York on 9 May 1992.

3. ÒIntergovernmental Panel on Climate ChangeÓ means the Intergovernmental Panel on Climate
Change established in 1988 jointly by the World Meteorological Organization and the United
Nations Environment Programme. 

4. ÒMontreal ProtocolÓ means the Montreal Protocol on Substances that Deplete the Ozone
Layer, adopted in Montreal on 16 September 1987 and as subsequently adjusted and amended. 

5. ÒParties present and votingÓ means Parties present and casting an affirmative or
negative vote. 

6. ÒPartyÓ means, unless the context otherwise indicates, a Party to this Protocol. 

7. ÒParty included in Annex IÓ means a Party included in Annex I to the Convention, as may
be amended, or a Party which has made a notification under Article 4, paragraph 2(g), of
the Convention. 

Article 2 

Each Party included in Annex I in achieving its quantified emission limitation and
reduction commitments under Article 3, in order to promote sustainable development, shall: 

(a) Implement and/or further elaborate policies and measures in accordance with its
national circumstances, such as: 
(i) Enhancement of energy efficiency in relevant sectors of the national economy; (ii)
Protection and enhancement of sinks and reservoirs of greenhouse gases not controlled by
the Montreal Protocol, taking into account its commitments under relevant international
environmental agreements; promotion of sustainable forest management practices,
afforestation and reforestation; (iii) Promotion of sustainable forms of agriculture in
light of climate change considerations; (iv) Promotion, research, development and increased
use of new and renewable forms of energy, of carbon dioxide sequestration technologies and
of advanced and innovative environmentally sound technologies; FCCC/CP/1997/L.7/Add.1  (v)
Progressive reduction or phasing out of market imperfections, fiscal incentives, tax and
duty exemptions and subsidies in all greenhouse gas emitting sectors that run counter to
the objective of the Convention and apply market instruments; (vi) Encouragement of
appropriate reforms in relevant sectors aimed at promoting policies and measures which
limit or reduce emissions of greenhouse gases not controlled by the Montreal Protocol;
(vii) Measures to limit and/or reduce emissions of greenhouse gases not controlled by the
Montreal Protocol in the transport sector; (viii) Limitation and/or reduction of methane
through recovery and use in waste management, as well as in the production, transport and
distribution of energy; 

(b) Cooperate with other such Parties to enhance the individual and combined effectiveness
of their policies and measures adopted under this Article, pursuant to Article 4, paragraph
2(e)(i), of the Convention. To this end, these Parties shall take steps to share their
experience and exchange information on such policies and measures, including developing
ways of improving their comparability, transparency and effectiveness. The Conference of
the Parties serving as the meeting of the Parties to this Protocol shall, at its first
session or as soon as practicable thereafter, consider ways to facilitate such cooperation,
taking into account all relevant information. 2. The Parties included in Annex I shall
pursue limitation or reduction of emissions of greenhouse gases not controlled by the
Montreal Protocol from aviation and marine bunker fuels, working through the International
Civil Aviation Organization and the International Maritime Organization, respectively. 3.
The Parties included in Annex I shall strive to implement policies and measures under this
Article in such a way as to minimize adverse effects, including the adverse effects of
climate change, effects on international trade, and social, environmental and economic
impacts on other Parties, especially developing country Parties and in particular those
identified in Article 4, paragraphs 8 and 9 of the Convention, taking into account Article
3 of the Convention. The Conference of the Parties serving as the meeting of the Parties to
this Protocol may take further action, as appropriate, to promote the implementation of the
provisions of this paragraph. 4. The Conference of the Parties serving as the meeting of
the Parties to this Protocol, if it decides that it would be beneficial to coordinate any
of the policies and measures in paragraph 1(a) above, taking into account different
national circumstances and potential effects, shall consider ways and means to elaborate
the coordination of such policies and measures.

Article 3

The Parties included in Annex I shall, individually or jointly, ensure that their aggregate
anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A
do not exceed their assigned amounts, calculated pursuant to their quantified emission
limitation and reduction commitments inscribed in Annex B and in accordance with the
provisions of this Article, with a view to reducing their overall emissions of such gases
by at least 5 per cent below 1990 levels in the commitment period 2008 to 2012. 

2. Each Party included in Annex I shall, by 2005, have made demonstrable progress in
achieving its commitments under this Protocol. 

3. The net changes in greenhouse gas emissions from sources and removals by sinks resulting
from direct human-induced land use change and forestry activities, limited to
afforestation, reforestation, and deforestation since 1990, measured as verifiable changes
in stocks in each commitment period shall be used to meet the commitments in this Article
of each Party included in Annex I. The greenhouse gas emissions from sources and removals
by sinks associated with those activities shall be reported in a transparent and verifiable
manner and reviewed in accordance with Articles 7 and 8. 

4. Prior to the first session of the Conference of the Parties serving as the meeting of
the Parties to this Protocol, each Party included in Annex I shall provide for
consideration by the Subsidiary Body for Scientific and Technological Advice data to
establish its level of carbon stocks in 1990 and to enable an estimate to be made of its
changes in carbon stocks in subsequent years. The Conference of the Parties serving as the
meeting of the Parties to this Protocol shall, at its first session or as soon as
practicable thereafter, decide upon modalities, rules and guidelines as to how and which
additional human-induced activities related to changes in greenhouse gas emissions and
removals in the agricultural soil and land use change and forestry categories, shall be
added to, or subtracted from, the assigned amount for Parties included in Annex I, taking
into account uncertainties, transparency in reporting, verifiability, the methodological
work of the Intergovernmental Panel on Climate Change, the advice provided by the
Subsidiary Body for Scientific and Technological Advice in accordance with Article 5 and
the decisions of the Conference of the Parties. Such a decision shall apply in the second
and subsequent commitment periods. A Party may choose to apply such a decision on these
additional human-induced activities for its first commitment period, provided that these
activities have taken place since 1990. 

5. The Parties included in Annex I undergoing the process of transition to a market economy
whose base year or period was established pursuant to decision 9/CP.2 of the Conference of
the Parties at its second session, shall use that base year or period for the
implementation of their commitments under this Article. Any other Party included in Annex I
undergoing the process of transition to a market economy which has not yet submitted its
first national communication under Article 12 of the Convention may also notify the
Conference of the Parties serving as the meeting of the Parties to this Protocol that it
intends to use a historical base year or period other than 1990 for the implementation of
its commitments under this Article. The Conference of the Parties serving as the meeting of
the Parties to this Protocol shall decide on the acceptance of such notification. 

6. Taking into account Article 4, paragraph 6, of the Convention, in the implementation of
their commitments under this Protocol other than those in this Article, a certain degree of
flexibility shall be allowed by the Conference of the Parties serving as the meeting of the
Parties to this Protocol to the Parties included in Annex I undergoing the process of
transition to a market economy. 

7. In the first quantified emission limitation and reduction commitment period, from 2008
to 2012, the assigned amount for each Party included in Annex I shall be equal to the
percentage inscribed for it in Annex B of its aggregate anthropogenic carbon dioxide
equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or
period determined in accordance with paragraph 5 above, multiplied by five. Those Parties
included in Annex I for whom land use change and forestry constituted a net source of
greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period
the aggregate anthropogenic carbon dioxide equivalent emissions minus removals in 1990 from
land use change for the purposes of calculating their assigned amount. 

8. Any Party included in Annex I may use 1995 as its base year for hydrofluorocarbons,
perfluorocarbons and sulphur hexafluoride, for the purposes of the calculation referred to
in paragraph 7 above. 

9. Commitments for subsequent periods for Parties included in Annex I shall be established
in amendments to Annex B to this Protocol, which shall be adopted in accordance with the
provisions of 20, paragraph 7. The Conference of the Parties serving as the meeting of the
Parties to this Protocol shall initiate the consideration of such commitments at least
seven years before the end of the first commitment period mentioned in paragraph 7 above. 

10. Any emission reduction units, or any part of an assigned amount, which a Party acquires
from another Party in accordance with the provisions of Article 6 and of Article 16 bis
shall be added to the assigned amount for that Party. 

11. Any emission reduction units, or any part of an assigned amount, which a Party
transfers to another Party in accordance with the provisions of Article 6 and of Article 16
bis shall be subtracted from the assigned amount for that Party. 

12. Any certified emission reductions which a Party acquires from another Party in
accordance with the provisions of Article 12 shall be added to the assigned amount for that
Party. 

13. If the emissions of a Party included in Annex I during a commitment period are less
than its assigned amount under this Article, this difference shall, on request of that
Party, be added to the assigned amount for that Party for subsequent commitment periods. 

14. Each Party included in Annex I shall strive to implement the commitments mentioned in
paragraph 1 above in such a way as to minimize adverse social, environmental and economic
impacts on developing country Parties, particularly those identified in Article 4,
paragraphs 8 and 9, of the Convention. In line with relevant decisions of the Conference of
the Parties on the implementation of those paragraphs, the Conference of the Parties
serving as the meeting of the Parties to this Protocol shall, at its first session,
consider what actions are necessary to minimize the adverse effects of climate change
and/or the impacts of response measures on Parties referred to in those paragraphs. 
Among the issues to be considered shall be the establishment of funding, insurance and
transfer of technology. 

Article 4 

Any Parties included in Annex I that have agreed to jointly fulfil their commitments under
Article 3 shall be deemed to have met those commitments provided that their total combined
aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed
in Annex A do not exceed their assigned amounts calculated pursuant to their quantified
emission limitation and reduction commitments inscribed in Annex B and in accordance with
the provisions of Article 3. The respective emission level allocated to each of the Parties
to the agreement shall be set out in that agreement. 

2. The Parties to any such agreement shall notify the secretariat of the terms of the
agreement on the date of deposit of their instruments of ratification, acceptance, approval
or accession. The secretariat shall in turn inform the Parties and signatories to the
Convention of the terms of the agreement. 

3. The agreement shall remain in operation for the duration of the commitment period
specified in Article 3, paragraph 7. 

4. If Parties acting jointly do so in the framework of, and together with, a regional
economic integration organization, any alteration in the composition of the organization
after adoption of this Protocol shall not affect existing commitments under this Protocol.
Any alteration in the composition of the organization shall only apply for the purposes of
those commitments under Article 3 that are adopted subsequent to that revision. 

5. In the event of failure by the Parties to such an agreement to achieve their total
combined level of emission reductions, each Party to such an agreement shall be responsible
for its own level of emissions set out in the agreement. 

6. If Parties acting jointly do so in the framework of, and together with, a regional
economic integration organization which is itself a Party to this Protocol, each member
State of that regional economic integration organization individually, and together with
the regional economic integration organization acting in accordance with Article 23, shall,
in the event of failure to achieve the total combined level of emission reductions, be
responsible for its level of emissions as notified in accordance with this Article. 


Article 5

Each Party included in Annex I shall have in place, no later than one year prior to the
start of the first commitment period, a national system for the estimation of anthropogenic
emissions by sources and removals by sinks of all greenhouse gases not controlled by the
Montreal Protocol. Guidelines for such national systems, which shall incorporate the
methodologies specified in paragraph 2 below, shall be decided upon by the Conference of
the Parties serving as the meeting of the Parties to this Protocol at its first session. 

2. Methodologies for estimating anthropogenic emissions by sources and removals by sinks of
all greenhouse gases not controlled by the Montreal Protocol shall be those accepted by the
Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties
at its third session. Where such methodologies are not used, appropriate adjustments shall
be applied according to methodologies agreed upon by the Conference of the Parties serving
as the meeting of the Parties to this Protocol at its first session. Based on the work of,
inter alia, the Intergovernmental Panel on Climate Change and advice provided by the
Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties
serving as the meeting of the Parties to this Protocol shall regularly review and, as
appropriate, revise such methodologies and adjustments, taking fully into account any
relevant decisions by the Conference of the Parties. Any revision to methodologies or
adjustments shall be used only for the purposes of ascertaining compliance with commitments
under Article 3 in respect of any commitment period adopted subsequent to that revision. 

3. The global warming potentials used to calculate the carbon dioxide equivalence of
anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled
by the Montreal Protocol listed in Annex A shall be those accepted by the Intergovernmental
Panel on Climate Change and agreed upon by the Conference of the Parties at its third
session. Based on the work of, inter alia, the Intergovernmental Panel on Climate Change
and advice provided by the Subsidiary Body for Scientific and Technological Advice, the
Conference of the Parties serving as the meeting of the Parties to this Protocol shall
regularly review and, as appropriate, revise the global warming potential of each such
greenhouse gas, taking fully into account any relevant decisions by the Conference of the
Parties. Any revision to a global warming potential shall apply only to those commitments
under Article 3 in respect of any commitment period adopted subsequent to that revision.  

Article 6

For the purpose of meeting its commitments under Article 3, any Party included in Annex I
may transfer to, or acquire from, any other such Party emission reduction units resulting
from projects aimed at reducing anthropogenic emissions by sources or enhancing
anthropogenic removals by sinks of greenhouse gases in any sector of the economy, provided
that: 

(a) Any such project has the approval of the Parties involved; 

(b) Any such project provides a reduction in emissions by sources, or an enhancement of
removals by sinks, that is additional to any that would otherwise occur; 

(c) It does not acquire any emission reduction units if it is not in compliance with its
obligations under Articles 5 and 7; 

(d) The acquisition of emission reduction units shall be supplemental to domestic actions
for the purposes of meeting commitments under Article 3. 

2.The Conference of the Parties serving as the meeting of the Parties to this Protocol may,
at its first session or as soon as practicable thereafter, further elaborate guidelines for
the implementation of this Article, including for verification and reporting. 

3. A Party included in Annex I may authorize legal entities to participate, under its
responsibility, in actions leading to the generation, transfer or acquisition under this
Article of emission reduction units. 

4. If a question of implementation by a Party included in Annex I of the requirements
referred to in this paragraph is identified in accordance with the relevant provisions of
Article 8, transfers and acquisitions of emission reduction units may continue to be made
after the question has been identified, provided that any such units may not be used by a
Party to meet its commitments under Article 3 until any issue of compliance is resolved. 

Article 7

Each Party included in Annex I shall incorporate in its annual inventory of anthropogenic
emissions by sources and removals by sinks of greenhouse gases not controlled by the
Montreal Protocol, submitted in accordance with the relevant decisions of the Conference of
the Parties, the necessary supplementary information for the purposes of ensuring
compliance with Article 3, to be determined in accordance with paragraph 4 below. 

2. Each Party included in Annex I shall incorporate in its national communication,
submitted under Article 12 of the Convention, the supplementary information necessary to
demonstrate compliance with its commitments under this Protocol, to be determined in
accordance with paragraph 4 below. 

3. Each Party included in Annex I shall submit the information required under paragraph 1
above annually, beginning with the first inventory due under the Convention for the first
year of the commitment period after this Protocol has entered into force for it. Each such
Party shall submit the information required under paragraph 2 above as part of the first
national communication due under the Convention after this Protocol has entered into force
for it and after the adoption of guidelines as provided for in paragraph 4 below. The
frequency of subsequent submission of information required under this Article shall be
determined by the Conference of the Parties serving as the meeting of the Parties to this
Protocol, taking into account any timetable for the submission of national communications
decided upon by the Conference of the Parties. 

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol
shall adopt at its first session, and review periodically thereafter, guidelines for the
preparation of the information required under this Article, taking into account guidelines
for the preparation of national communications by Parties included in Annex I adopted by
the Conference of the Parties. The Conference of the Parties serving as the meeting of the
Parties to this Protocol shall also, prior to the first commitment period, decide upon
modalities for the accounting of assigned amounts. 

Article 8

The information submitted under Article 7 by each Party included in Annex I shall be
reviewed by expert review teams pursuant to the relevant decisions of the Conference of the
Parties and in accordance with guidelines adopted for this purpose by the Conference of the
Parties serving as the meeting of the Parties to this Protocol under paragraph 4 below. The
information submitted under Article 7, paragraph 1, by each Party included in Annex I shall
be reviewed as part of the annual compilation and accounting of emissions inventories and
assigned amounts. Additionally, the information submitted under Article 7, paragraph 2, by
each Party included in Annex I shall be reviewed as part of the review of communications. 

2. Expert review teams shall be coordinated by the secretariat and shall be composed of
experts selected from those nominated by Parties to the Convention and, as appropriate, by
intergovernmental organizations, in accordance with guidance provided for this purpose by
the Conference of the Parties. 

3. The review process shall provide a thorough and comprehensive technical assessment of
all aspects of the implementation by a Party of this Protocol. The expert review teams
shall prepare a report to the Conference of the Parties serving as the meeting of the
Parties to this Protocol, assessing the implementation of the commitments of the Party and
identifying any potential problems in, and factors influencing, the fulfilment of
commitments. Such reports shall be circulated by the secretariat to all Parties to the
Convention. The secretariat shall list those questions of implementation indicated in such
reports for further consideration by the Conference of the Parties serving as the meeting
of the Parties to this Protocol. 

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol
shall adopt at its first session, and review periodically thereafter, guidelines for the
review of implementation by expert review teams taking into account the relevant decisions
of the Conference of the Parties. 

5. The Conference of the Parties serving as the meeting of the Parties to this Protocol
shall, with the assistance of the Subsidiary Body for Implementation and, as appropriate,
the Subsidiary Body for Scientific and Technological Advice, consider: (a) The information
submitted by the Parties under Article 7 and the reports of the expert reviews thereon
conducted under this Article; and (b) Those questions of implementation listed by the
secretariat under paragraph 3 above, as well as any questions raised by Parties. 

6. Pursuant to its consideration of the information referred to in paragraph 5 above, the
Conference of the Parties serving as the meeting of the Parties to this Protocol shall take
decisions on any matter required for the implementation of this Protocol. 

Article 9 

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall
periodically review this Protocol in the light of the best available scientific information
and assessments on climate change and its impacts, as well as relevant technical, social
and economic information. Such reviews shall be coordinated with pertinent reviews under
the Convention, in particular those required by Article 4, paragraph 2(d), and Article 7,
paragraph 2(a), of the Convention. Based on these reviews, the Conference of the Parties
serving as the meeting of the Parties to this Protocol shall take appropriate action. 

2. The first review shall take place at the second session of the Conference of the Parties
serving as the meeting of the Parties to this Protocol. Further reviews shall take place at
regular intervals and in a timely manner.

Article 10

All Parties, taking into account their common but differentiated responsibilities and their
specific national and regional development priorities, objectives and circumstances,
without introducing any new commitments for Parties not included in Annex I, but
reaffirming existing commitments in Article 4, paragraph 1, of the Convention, and
continuing to advance the implementation of these commitments in order to achieve
sustainable development, taking into account Article 4, paragraphs 3, 5 and 7, of the
Convention, shall: 

(a) Formulate, where relevant and to the extent possible, cost-effective national, and
where appropriate regional programmes to improve the quality of local emission factors,
activity data and/or models which reflect the socio-economic conditions of each Party for
the preparation and periodic updating of national inventories of anthropogenic emissions by
sources and removals by sinks of all greenhouse gases not controlled by the Montreal
Protocol, using comparable methodologies to be agreed upon by the Conference of the
Parties, and consistent with the guidelines for national communications adopted by the
Conference of the Parties; 

(b) Formulate, implement, publish and regularly update national and, where appropriate,
regional programmes containing measures to mitigate climate change and measures to
facilitate adequate adaptation to climate change: (i) Such programmes would, inter alia,
concern the energy, transport and industry sectors as well as agriculture, forestry and
waste management. Furthermore, adaptation technologies and methods for improving spatial
planning would improve adaptation to climate change; and (ii) Parties included in Annex I
shall submit information on action under this Protocol, including national programmes,
according to the guidelines laid down in Article 8; and other Parties shall seek to include
in their national communications, as appropriate, information on programmes which contain
measures that the Party believes contribute to addressing climate change and its adverse
impacts, including the abatement of increase in greenhouse gas emissions, and enhancement
of and removals by sinks, capacity building and adaptation measures. (c) Cooperate in the
promotion of effective modalities for the development, application and diffusion of, and
take all practicable steps to promote, facilitate and finance, as appropriate, the transfer
of, or access to, environmentally sound technologies, know-how, practices and processes
pertinent to climate change, in particular to developing countries, including the
formulation of policies and programmes for the effective transfer of environmentally sound
technologies that are publicly owned or in the public domain and the creation of an
enabling environment for the private sector, to promote and enhance access to, and transfer
of, environmentally sound technologies; (d) Cooperate in scientific and technical research
and promote the maintenance and the development of systematic observation systems and
development of data archives to reduce uncertainties related to the climate system, the
adverse impacts of climate change and the economic and social consequences of various
response strategies, and promote the development and strengthening of endogenous capacities
and capabilities to participate in international and intergovernmental efforts, programmes
and networks on research and systematic observation, taking into account Article 5 of the
Convention; (e) Cooperate in and promote at the international level, and, where
appropriate, using existing bodies, the development and implementation of education and
training programmes, including the strengthening of national capacity building, in
particular human and institutional capacities and the exchange or secondment of personnel
to train experts in this field, in particular for developing countries, and facilitate at
the national level public awareness and public access to information on climate change.
Suitable modalities should be developed to implement these activities through the relevant
bodies of the Convention taking into account Article 6 of the Convention; (f) Include in
their national communications information on programmes and activities undertaken pursuant
to this Article in accordance with relevant decisions of the Conference of the Parties; and
(g) Give full consideration, in implementing the commitments in this Article, to Article 4,
paragraph 8, of the Convention. 

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