The Parties to this Agreement,
Being Parties to the United Nations Framework Convention on Climate
Change, hereinafter referred to as “the Convention”,
Pursuant to the Durban Platform for Enhanced Action established by
decision of the Conference of the Parties to the Convention at its
seventeenth session,
In pursuit of the objective of the Convention, and being guided by its
principles, including the principle of equity and common but differentiated
responsibilities and respective capabilities, in the light of different national
circumstances,
Recognizing the need for an effective and progressive response to the
urgent threat of climate change on the basis of the best available scientific
knowledge,
Also recognizing the specific needs and special circumstances of
developing country Parties, especially those that are particularly vulnerable to the
adverse effects of climate change, as provided for in the Convention,
Taking full account of the specific needs and special situations of the least
developed countries with regard to funding and transfer of technology,
Recognizing that Parties may be affected not only by climate change, but
also by the impacts of the measures taken in response to it,
Emphasizing the intrinsic relationship that climate change actions,
responses and impacts have with equitable access to sustainable development and
eradication of poverty,
Recognizing the fundamental priority of safeguarding food security and
ending hunger, and the particular vulnerabilities of food production systems to the
adverse impacts of climate change,
Taking into account the imperatives of a just transition of the workforce and
the creation of decent work and quality jobs in accordance with nationally defined
development priorities,
Acknowledging that climate change is a common concern of humankind,
Parties should, when taking action to address climate change, respect, promote and
consider their respective obligations on human rights, the right to health, the rights
of indigenous peoples, local communities, migrants, children, persons with
disabilities and people in vulnerable situations and the right to development, as
well as gender equality, empowerment of women and intergenerational equity,
Recognizing the importance of the conservation and enhancement, as
appropriate, of sinks and reservoirs of the greenhouse gases referred to in the
Convention,
Noting the importance of ensuring the integrity of all ecosystems, including
oceans, and the protection of biodiversity, recognized by some cultures as Mother
Earth, and noting the importance for some of the concept of “climate justice”,
when taking action to address climate change,
Affirming the importance of education, training, public awareness, public
participation, public access to information and cooperation at all levels on the
matters addressed in this Agreement,
Recognizing the importance of the engagements of all levels of government
and various actors, in accordance with respective national legislations of Parties, in
addressing climate change,
Also recognizing that sustainable lifestyles and sustainable patterns of
consumption and production, with developed country Parties taking the lead, play
an important role in addressing climate change,
Have agreed as follows:
Article 1
For the purpose of this Agreement, the definitions contained in Article 1 of
the Convention shall apply. In addition:
(a) “Convention” means the United Nations Framework Convention on
Climate Change, adopted in New York on 9 May 1992;
(b) “Conference of the Parties” means the Conference of the Parties to the
Convention;
(c) “Party” means a Party to this Agreement.
Article 2
1. This Agreement, in enhancing the implementation of the Convention,
including its objective, aims to strengthen the global response to the threat of
climate change, in the context of sustainable development and efforts to eradicate
poverty, including by:
(a) Holding the increase in the global average temperature to well below
2°C above pre-industrial levels and pursuing efforts to limit the temperature
increase to 1.5°C above pre-industrial levels, recognizing that this would
significantly reduce the risks and impacts of climate change;
(b) Increasing the ability to adapt to the adverse impacts of climate
change and foster climate resilience and low greenhouse gas emissions
development, in a manner that does not threaten food production; and
(c) Making finance flows consistent with a pathway towards low
greenhouse gas emissions and climate-resilient development.
2. This Agreement will be implemented to reflect equity and the principle of
common but differentiated responsibilities and respective capabilities, in the light
of different national circumstances.
Article 3
As nationally determined contributions to the global response to climate
change, all Parties are to undertake and communicate ambitious efforts as defined
in Articles 4, 7, 9, 10, 11 and 13 with the view to achieving the purpose of this
Agreement as set out in Article 2. The efforts of all Parties will represent a
progression over time, while recognizing the need to support developing country
Parties for the effective implementation of this Agreement.
Article 4
1. In order to achieve the long-term temperature goal set out in Article 2,
Parties aim to reach global peaking of greenhouse gas emissions as soon as
possible, recognizing that peaking will take longer for developing country Parties,
and to undertake rapid reductions thereafter in accordance with best available
science, so as to achieve a balance between anthropogenic emissions by sources
and removals by sinks of greenhouse gases in the second half of this century, on the
basis of equity, and in the context of sustainable development and efforts to
eradicate poverty.
2. Each Party shall prepare, communicate and maintain successive nationally
determined contributions that it intends to achieve. Parties shall pursue domestic
mitigation measures, with the aim of achieving the objectives of such
contributions.
3. Each Party’s successive nationally determined contribution will represent a
progression beyond the Party’s then current nationally determined contribution and
reflect its highest possible ambition, reflecting its common but differentiated
responsibilities and respective capabilities, in the light of different national
circumstances.
4. Developed country Parties should continue taking the lead by undertaking
economy-wide absolute emission reduction targets. Developing country Parties
should continue enhancing their mitigation efforts, and are encouraged to move
over time towards economy-wide emission reduction or limitation targets in the
light of different national circumstances.
5. Support shall be provided to developing country Parties for the
implementation of this Article, in accordance with Articles 9, 10 and 11,
recognizing that enhanced support for developing country Parties will allow for
higher ambition in their actions.
6. The least developed countries and small island developing States may
prepare and communicate strategies, plans and actions for low greenhouse gas
emissions development reflecting their special circumstances.
7. Mitigation co-benefits resulting from Parties’ adaptation actions and/or
economic diversification plans can contribute to mitigation outcomes under this
Article.
8. In communicating their nationally determined contributions, all Parties shall
provide the information necessary for clarity, transparency and understanding in
accordance with decision and any relevant decisions of the Conference of
the Parties serving as the meeting of the Parties to this Agreement.
9. Each Party shall communicate a nationally determined contribution every
five years in accordance with decision and any relevant decisions of the
Conference of the Parties serving as the meeting of the Parties to this Agreement
and be informed by the outcomes of the global stocktake referred to in Article 14.
10. The Conference of the Parties serving as the meeting of the Parties to this
Agreement shall consider common time frames for nationally determined
contributions at its first session.
11. A Party may at any time adjust its existing nationally determined
contribution with a view to enhancing its level of ambition, in accordance with
guidance adopted by the Conference of the Parties serving as the meeting of the
Parties to this Agreement.
12. Nationally determined contributions communicated by Parties shall be
recorded in a public registry maintained by the secretariat.
13. Parties shall account for their nationally determined contributions. In
accounting for anthropogenic emissions and removals corresponding to their
nationally determined contributions, Parties shall promote environmental integrity,
transparency, accuracy, completeness, comparability and consistency, and ensure
the avoidance of double counting, in accordance with guidance adopted by the
Conference of the Parties serving as the meeting of the Parties to this Agreement.
14. In the context of their nationally determined contributions, when recognizing
and implementing mitigation actions with respect to anthropogenic emissions and
removals, Parties should take into account, as appropriate, existing methods and
guidance under the Convention, in the light of the provisions of paragraph 13 of
this Article.
15. Parties shall take into consideration in the implementation of this Agreement
the concerns of Parties with economies most affected by the impacts of response
measures, particularly developing country Parties.
16. Parties, including regional economic integration organizations and their
member States, that have reached an agreement to act jointly under paragraph 2 of
this Article shall notify the secretariat of the terms of that agreement, including the
emission level allocated to each Party within the relevant time period, when they
communicate their nationally determined contributions. The secretariat shall in turn
inform the Parties and signatories to the Convention of the terms of that agreement.
17. Each party to such an agreement shall be responsible for its emission level as
set out in the agreement referred to in paragraph 16 of this Article in accordance
with paragraphs 13 and 14 of this Article and Articles 13 and 15.
18. 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
Agreement, each member State of that regional economic integration organization
individually, and together with the regional economic integration organization,
shall be responsible for its emission level as set out in the agreement
communicated under paragraph 16 of this Article in accordance with paragraphs 13
and 14 of this Article and Articles 13 and 15.
19. All Parties should strive to formulate and communicate long-term low
greenhouse gas emission development strategies, mindful of Article 2 taking into
account their common but differentiated responsibilities and respective capabilities,
in the light of different national circumstances.
Article 5
1. Parties should take action to conserve and enhance, as appropriate, sinks and
reservoirs of greenhouse gases as referred to in Article 4, paragraph 1 (d), of the
Convention, including forests.
2. Parties are encouraged to take action to implement and support, including
through results-based payments, the existing framework as set out in related
guidance and decisions already agreed under the Convention for: policy approaches
and positive incentives for activities relating to reducing emissions from
deforestation and forest degradation, and the role of conservation, sustainable
management of forests and enhancement of forest carbon stocks in developing
countries; and alternative policy approaches, such as joint mitigation and
adaptation approaches for the integral and sustainable management of forests,
while reaffirming the importance of incentivizing, as appropriate, non-carbon
benefits associated with such approaches.
Article 6
1. Parties recognize that some Parties choose to pursue voluntary cooperation
in the implementation of their nationally determined contributions to allow for
higher ambition in their mitigation and adaptation actions and to promote
sustainable development and environmental integrity.
2. Parties shall, where engaging on a voluntary basis in cooperative approaches
that involve the use of internationally transferred mitigation outcomes towards
nationally determined contributions, promote sustainable development and ensure
environmental integrity and transparency, including in governance, and shall apply
robust accounting to ensure, inter alia, the avoidance of double counting, consistent
with guidance adopted by the Conference of the Parties serving as the meeting of
the Parties to this Agreement.
3. The use of internationally transferred mitigation outcomes to achieve
nationally determined contributions under this Agreement shall be voluntary and
authorized by participating Parties.
4. A mechanism to contribute to the mitigation of greenhouse gas emissions
and support sustainable development is hereby established under the authority and
guidance of the Conference of the Parties serving as the meeting of the Parties to
this Agreement for use by Parties on a voluntary basis. It shall be supervised by a
body designated by the Conference of the Parties serving as the meeting of the
Parties to this Agreement, and shall aim:
(a) To promote the mitigation of greenhouse gas emissions while
fostering sustainable development;
(b) To incentivize and facilitate participation in the mitigation of
greenhouse gas emissions by public and private entities authorized by a Party;
(c) To contribute to the reduction of emission levels in the host Party,
which will benefit from mitigation activities resulting in emission reductions that
can also be used by another Party to fulfill its nationally determined contribution;
and
(d) To deliver an overall mitigation in global emissions.
5. Emission reductions resulting from the mechanism referred to in paragraph 4
of this Article shall not be used to demonstrate achievement of the host Party’s
nationally determined contribution if used by another Party to demonstrate
achievement of its nationally determined contribution.
6. The Conference of the Parties serving as the meeting of the Parties to this
Agreement shall ensure that a share of the proceeds from activities under the
mechanism referred to in paragraph 4 of this Article is used to cover administrative
expenses as well as to assist developing country Parties that are particularly
vulnerable to the adverse effects of climate change to meet the costs of adaptation.
7. The Conference of the Parties serving as the meeting of the Parties to this
Agreement shall adopt rules, modalities and procedures for the mechanism referred
to in paragraph 4 of this Article at its first session.
8. Parties recognize the importance of integrated, holistic and balanced
non-market approaches being available to Parties to assist in the implementation of
their nationally determined contributions, in the context of sustainable development
and poverty eradication, in a coordinated and effective manner, including through,
inter alia, mitigation, adaptation, finance, technology transfer and capacity building, as appropriate. These approaches shall aim to:
(a) Promote mitigation and adaptation ambition;
(b) Enhance public and private sector participation in the implementation
of nationally determined contributions; and
(c) Enable opportunities for coordination across instruments and relevant
institutional arrangements.
9. A framework for non-market approaches to sustainable development is
hereby defined to promote the non-market approaches referred to in paragraph 8 of
this Article.
Article 7
1. Parties hereby establish the global goal on adaptation of enhancing adaptive
capacity, strengthening resilience and reducing vulnerability to climate change,
with a view to contributing to sustainable development and ensuring an adequate
adaptation response in the context of the temperature goal referred to in Article 2.
2. Parties recognize that adaptation is a global challenge faced by all with local,
subnational, national, regional and international dimensions, and that it is a key
component of and makes a contribution to the long-term global response to climate
change to protect people, livelihoods and ecosystems, taking into account the
urgent and immediate needs of those developing country Parties that are
particularly vulnerable to the adverse effects of climate change.
3. The adaptation efforts of developing country Parties shall be recognized, in
accordance with the modalities to be adopted by the Conference of the Parties
serving as the meeting of the Parties to this Agreement at its first session.
4. Parties recognize that the current need for adaptation is significant and that
greater levels of mitigation can reduce the need for additional adaptation efforts,
and that greater adaptation needs can involve greater adaptation costs.
5. Parties acknowledge that adaptation action should follow a country-driven,
gender-responsive, participatory and fully transparent approach, taking into
consideration vulnerable groups, communities and ecosystems, and should be
based on and guided by the best available science and, as appropriate, traditional
knowledge, knowledge of indigenous peoples and local knowledge systems, with a
view to integrating adaptation into relevant socioeconomic and environmental
policies and actions, where appropriate.
6. Parties recognize the importance of support for and international cooperation
on adaptation efforts and the importance of taking into account the needs of
developing country Parties, especially those that are particularly vulnerable to the
adverse effects of climate change.
7. Parties should strengthen their cooperation on enhancing action on
adaptation, taking into account the Cancun Adaptation Framework, including with
regard to:
(a) Sharing information, good practices, experiences and lessons learned,
including, as appropriate, as these relate to science, planning, policies and
implementation in relation to adaptation actions;
(b) Strengthening institutional arrangements, including those under the
Convention that serve this Agreement, to support the synthesis of relevant
information and knowledge, and the provision of technical support and guidance to
Parties;
(c) Strengthening scientific knowledge on climate, including research,
systematic observation of the climate system and early warning systems, in a
manner that informs climate services and supports decision-making;
(d) Assisting developing country Parties in identifying effective
adaptation practices, adaptation needs, priorities, support provided and received for
adaptation actions and efforts, and challenges and gaps, in a manner consistent with
encouraging good practices; and
(e) Improving the effectiveness and durability of adaptation actions.
8. United Nations specialized organizations and agencies are encouraged to
support the efforts of Parties to implement the actions referred to in paragraph 7 of
this Article, taking into account the provisions of paragraph 5 of this Article.
9. Each Party shall, as appropriate, engage in adaptation planning processes
and the implementation of actions, including the development or enhancement of
relevant plans, policies and/or contributions, which may include:
(a) The implementation of adaptation actions, undertakings and/or efforts;
(b) The process to formulate and implement national adaptation plans;
(c) The assessment of climate change impacts and vulnerability, with a
view to formulating nationally determined prioritized actions, taking into account
vulnerable people, places and ecosystems;
(d) Monitoring and evaluating and learning from adaptation plans,
policies, programs and actions; and
(e) Building the resilience of socioeconomic and ecological systems,
including through economic diversification and sustainable management of natural
resources.
10. Each Party should, as appropriate, submit and update periodically an
adaptation communication, which may include its priorities, implementation and
support needs, plans and actions, without creating any additional burden for
developing country Parties.
11. The adaptation communication referred to in paragraph 10 of this Article
shall be, as appropriate, submitted and updated periodically, as a component of or
in conjunction with other communications or documents, including a national
adaptation plan, a nationally determined contribution as referred to in Article 4,
paragraph 2, and/or a national communication.
12. The adaptation communications referred to in paragraph 10 of this Article
shall be recorded in a public registry maintained by the secretariat.
13. Continuous and enhanced international support shall be provided to
developing country Parties for the implementation of paragraphs 7, 9, 10 and 11 of
this Article, in accordance with the provisions of Articles 9, 10 and 11.
14. The global stocktake referred to in Article 14 shall, inter alia:
(a) Recognize adaptation efforts of developing country Parties;
(b) Enhance the implementation of adaptation action taking into account
the adaptation communication referred to in paragraph 10 of this Article;
(c) Review the adequacy and effectiveness of adaptation and support
provided for adaptation; and
(d) Review the overall progress made in achieving the global goal on
adaptation referred to in paragraph 1 of this Article.
Article 8
1. Parties recognize the importance of averting, minimizing and addressing loss
and damage associated with the adverse effects of climate change, including
extreme weather events and slow onset events, and the role of sustainable
development in reducing the risk of loss and damage.
2. The Warsaw International Mechanism for Loss and Damage associated with
Climate Change Impacts shall be subject to the authority and guidance of the
Conference of the Parties serving as the meeting of the Parties to this Agreement
and may be enhanced and strengthened, as determined by the Conference of the
Parties serving as the meeting of the Parties to this Agreement.
3. Parties should enhance understanding, action and support, including through
the Warsaw International Mechanism, as appropriate, on a cooperative and
facilitative basis with respect to loss and damage associated with the adverse
effects of climate change.
4. Accordingly, areas of cooperation and facilitation to enhance understanding,
action and support may include:
(a) Early warning systems;
(b) Emergency preparedness;
(c) Slow onset events;
(d) Events that may involve irreversible and permanent loss and damage;
(e) Comprehensive risk assessment and management;
(f) Risk insurance facilities, climate risk pooling and other insurance
solutions;
(g) Non-economic losses; and
(h) Resilience of communities, livelihoods and ecosystems.
5. The Warsaw International Mechanism shall collaborate with existing bodies
and expert groups under the Agreement, as well as relevant organizations and
expert bodies outside the Agreement.
Article 9
1. Developed country Parties shall provide financial resources to assist
developing country Parties with respect to both mitigation and adaptation in
continuation of their existing obligations under the Convention.
2. Other Parties are encouraged to provide or continue to provide such support
voluntarily.
3. As part of a global effort, developed country Parties should continue to take
the lead in mobilizing climate finance from a wide variety of sources, instruments
and channels, noting the significant role of public funds, through a variety of
actions, including supporting country-driven strategies, and taking into account the
needs and priorities of developing country Parties. Such mobilization of climate
finance should represent a progression beyond previous efforts.
4. The provision of scaled-up financial resources should aim to achieve a
balance between adaptation and mitigation, taking into account country-driven
strategies, and the priorities and needs of developing country Parties, especially
those that are particularly vulnerable to the adverse effects of climate change and
have significant capacity constraints, such as the least developed countries and
small island developing States, considering the need for public and grant-based
resources for adaptation.
5. Developed country Parties shall biennially communicate indicative
quantitative and qualitative information related to paragraphs 1 and 3 of this
Article, as applicable, including, as available, projected levels of public financial
resources to be provided to developing country Parties. Other Parties providing
resources are encouraged to communicate biennially such information on a
voluntary basis.
6. The global stocktake referred to in Article 14 shall take into account the
relevant information provided by developed country Parties and/or Agreement
bodies on efforts related to climate finance.
7. Developed country Parties shall provide transparent and consistent
information on support for developing country Parties provided and mobilized
through public interventions biennially in accordance with the modalities,
procedures and guidelines to be adopted by the Conference of the Parties serving as
the meeting of the Parties to this Agreement, at its first session, as stipulated in
Article 13, paragraph 13. Other Parties are encouraged to do so.
8. The Financial Mechanism of the Convention, including its operating entities,
shall serve as the financial mechanism of this Agreement.
9. The institutions serving this Agreement, including the operating entities of
the Financial Mechanism of the Convention, shall aim to ensure efficient access to
financial resources through simplified approval procedures and enhanced readiness
support for developing country Parties, in particular for the least developed
countries and small island developing States, in the context of their national
climate strategies and plans.
Article 10
1. Parties share a long-term vision on the importance of fully realizing
technology development and transfer in order to improve resilience to climate
change and to reduce greenhouse gas emissions.
2. Parties, noting the importance of technology for the implementation of
mitigation and adaptation actions under this Agreement and recognizing existing
technology deployment and dissemination efforts, shall strengthen cooperative
action on technology development and transfer.
3. The Technology Mechanism established under the Convention shall serve
this Agreement.
4. A technology framework is hereby established to provide overarching
guidance to the work of the Technology Mechanism in promoting and facilitating
enhanced action on technology development and transfer in order to support the
implementation of this Agreement, in pursuit of the long-term vision referred to in
paragraph 1 of this Article.
5. Accelerating, encouraging and enabling innovation is critical for an
effective, long-term global response to climate change and promoting economic
growth and sustainable development. Such effort shall be, as appropriate,
supported, including by the Technology Mechanism and, through financial means,
by the Financial Mechanism of the Convention, for collaborative approaches to
research and development, and facilitating access to technology, in particular for
early stages of the technology cycle, to developing country Parties.
6. Support, including financial support, shall be provided to developing country
Parties for the implementation of this Article, including for strengthening
cooperative action on technology development and transfer at different stages of
the technology cycle, with a view to achieving a balance between support for
mitigation and adaptation. The global stocktake referred to in Article 14 shall take
into account available information on efforts related to support on technology
development and transfer for developing country Parties.
Article 11
1. Capacity-building under this Agreement should enhance the capacity and
ability of developing country Parties, in particular countries with the least capacity,
such as the least developed countries, and those that are particularly vulnerable to
the adverse effects of climate change, such as small island developing States, to
take effective climate change action, including, inter alia, to implement adaptation
and mitigation actions, and should facilitate technology development,
dissemination and deployment, access to climate finance, relevant aspects of
education, training and public awareness, and the transparent, timely and accurate
communication of information.
2. Capacity-building should be country-driven, based on and responsive to
national needs, and foster country ownership of Parties, in particular, for
developing country Parties, including at the national, subnational and local levels.
Capacity-building should be guided by lessons learned, including those from
capacity-building activities under the Convention, and should be an effective,
iterative process that is participatory, cross-cutting and gender-responsive.
3. All Parties should cooperate to enhance the capacity of developing country
Parties to implement this Agreement. Developed country Parties should enhance
support for capacity-building actions in developing country Parties.
4. All Parties enhancing the capacity of developing country Parties to
implement this Agreement, including through regional, bilateral and multilateral
approaches, shall regularly communicate on these actions or measures on capacity building. Developing country Parties should regularly communicate progress made
on implementing capacity-building plans, policies, actions or measures to
implement this Agreement.
5. Capacity-building activities shall be enhanced through appropriate
institutional arrangements to support the implementation of this Agreement,
including the appropriate institutional arrangements established under the
Convention that serve this Agreement. The Conference of the Parties serving as the
meeting of the Parties to this Agreement shall, at its first session, consider and
adopt a decision on the initial institutional arrangements for capacity-building.
Article 12
Parties shall cooperate in taking measures, as appropriate, to enhance climate
change education, training, public awareness, public participation and public access
to information, recognizing the importance of these steps with respect to enhancing
actions under this Agreement.
Article 13
1. In order to build mutual trust and confidence and to promote effective
implementation, an enhanced transparency framework for action and support, with
built-in flexibility which takes into account Parties’ different capacities and builds
upon collective experience is hereby established.
2. The transparency framework shall provide flexibility in the implementation
of the provisions of this Article to those developing country Parties that need it in
the light of their capacities. The modalities, procedures and guidelines referred to
in paragraph 13 of this Article shall reflect such flexibility.
3. The transparency framework shall build on and enhance the transparency
arrangements under the Convention, recognizing the special circumstances of the
least developed countries and small island developing States, and be implemented
in a facilitative, non-intrusive, non-punitive manner, respectful of national
sovereignty, and avoid placing undue burden on Parties.
4. The transparency arrangements under the Convention, including national
communications, biennial reports and biennial update reports, international
assessment and review and international consultation and analysis, shall form part
of the experience drawn upon for the development of the modalities, procedures
and guidelines under paragraph 13 of this Article.
5. The purpose of the framework for transparency of action is to provide a clear
understanding of climate change action in the light of the objective of the
Convention as set out in its Article 2, including clarity and tracking of progress
towards achieving Parties’ individual nationally determined contributions under
Article 4, and Parties’ adaptation actions under Article 7, including good practices,
priorities, needs and gaps, to inform the global stocktake under Article 14.
6. The purpose of the framework for transparency of support is to provide
clarity on support provided and received by relevant individual Parties in the
context of climate change actions under Articles 4, 7, 9, 10 and 11, and, to the
extent possible, to provide a full overview of aggregate financial support provided,
to inform the global stocktake under Article 14.
7. Each Party shall regularly provide the following information:
(a) A national inventory report of anthropogenic emissions by sources and
removals by sinks of greenhouse gases, prepared using good practice
methodologies accepted by the Intergovernmental Panel on Climate Change and
agreed upon by the Conference of the Parties serving as the meeting of the Parties
to this Agreement; and
(b) Information necessary to track progress made in implementing and
achieving its nationally determined contribution under Article 4.
8. Each Party should also provide information related to climate change
impacts and adaptation under Article 7, as appropriate.
9. Developed country Parties shall, and other Parties that provide support
should, provide information on financial, technology transfer and capacity-building
support provided to developing country Parties under Articles 9, 10 and 11.
10. Developing country Parties should provide information on financial,
technology transfer and capacity-building support needed and received under
Articles 9, 10 and 11.
11. Information submitted by each Party under paragraphs 7 and 9 of this Article
shall undergo a technical expert review, in accordance with decision For
those developing country Parties that need it in the light of their capacities, the
review process shall include assistance in identifying capacity-building needs. In
addition, each Party shall participate in a facilitative, multilateral consideration of
progress with respect to efforts under Article 9, and its respective implementation
and achievement of its nationally determined contribution.
12. The technical expert review under this paragraph shall consist of a
consideration of the Party’s support provided, as relevant, and its implementation
and achievement of its nationally determined contribution. The review shall also
identify areas of improvement for the Party, and include a review of the
consistency of the information with the modalities, procedures and guidelines
referred to in paragraph 13 of this Article, taking into account the flexibility
accorded to the Party under paragraph 2 of this Article. The review shall pay
particular attention to the respective national capabilities and circumstances of
developing country Parties.
13. The Conference of the Parties serving as the meeting of the Parties to this
Agreement shall, at its first session, building on experience from the arrangements
related to transparency under the Convention, and elaborating on the provisions in
this Article, adopt common modalities, procedures and guidelines, as appropriate,
for the transparency of action and support.
14. Support shall be provided to developing countries for the implementation of
this Article.
15. Support shall also be provided for the building of transparency-related
capacity of developing country Parties on a continuous basis.
Article 14
1. The Conference of the Parties serving as the meeting of the Parties to this
Agreement shall periodically take stock of the implementation of this Agreement to
assess the collective progress towards achieving the purpose of this Agreement and
its long-term goals (referred to as the “global stocktake”). It shall do so in a
comprehensive and facilitative manner, considering mitigation, adaptation and the
means of implementation and support, and in the light of equity and the best
available science.
2. The Conference of the Parties serving as the meeting of the Parties to this
Agreement shall undertake its first global stocktake in 2023 and every five years
thereafter unless otherwise decided by the Conference of the Parties serving as the
meeting of the Parties to this Agreement.
3. The outcome of the global stocktake shall inform Parties in updating and
enhancing, in a nationally determined manner, their actions and support in
accordance with the relevant provisions of this Agreement, as well as in enhancing
international cooperation for climate action.
Article 15
1. A mechanism to facilitate implementation of and promote compliance with
the provisions of this Agreement is hereby established.
2. The mechanism referred to in paragraph 1 of this Article shall consist of a
committee that shall be expert-based and facilitative in nature and function in a
manner that is transparent, non-adversarial and non-punitive. The committee shall
pay particular attention to the respective national capabilities and circumstances of
Parties.
3. The committee shall operate under the modalities and procedures adopted by
the Conference of the Parties serving as the meeting of the Parties to this
Agreement at its first session and report annually to the Conference of the Parties
serving as the meeting of the Parties to this Agreement.
Article 16
1. The Conference of the Parties, the supreme body of the Convention, shall
serve as the meeting of the Parties to this Agreement.
2. Parties to the Convention that are not Parties to this Agreement may
participate as observers in the proceedings of any session of the Conference of the
Parties serving as the meeting of the Parties to this Agreement. When the
Conference of the Parties serves as the meeting of the Parties to this Agreement,
decisions under this Agreement shall be taken only by those that are Parties to this
Agreement.
3. When the Conference of the Parties serves as the meeting of the Parties to
this Agreement, any member of the Bureau of the Conference of the Parties
representing a Party to the Convention but, at that time, not a Party to this
Agreement, shall be replaced by an additional member to be elected by and from
amongst the Parties to this Agreement.
4. The Conference of the Parties serving as the meeting of the Parties to this
Agreement shall keep under regular review the implementation of this Agreement
and shall make, within its mandate, the decisions necessary to promote its effective
implementation. It shall perform the functions assigned to it by this Agreement and
shall:
(a) Establish such subsidiary bodies as deemed necessary for the
implementation of this Agreement; and
(b) Exercise such other functions as may be required for the
implementation of this Agreement.
5. The rules of procedure of the Conference of the Parties and the financial
procedures applied under the Convention shall be applied mutatis mutandis under
this Agreement, except as may be otherwise decided by consensus by the
Conference of the Parties serving as the meeting of the Parties to this Agreement.
6. The first session of the Conference of the Parties serving as the meeting of
the Parties to this Agreement shall be convened by the secretariat in conjunction
with the first session of the Conference of the Parties that is scheduled after the
date of entry into force of this Agreement. Subsequent ordinary sessions of the
Conference of the Parties serving as the meeting of the Parties to this Agreement
shall be held in conjunction with ordinary sessions of the Conference of the Parties,
unless otherwise decided by the Conference of the Parties serving as the meeting of
the Parties to this Agreement.
7. Extraordinary sessions of the Conference of the Parties serving as the
meeting of the Parties to this Agreement shall be held at such other times as may be
deemed necessary by the Conference of the Parties serving as the meeting of the
Parties to this Agreement or at the written request of any Party, provided that,
within six months of the request being communicated to the Parties by the
secretariat, it is supported by at least one third of the Parties.
8. The United Nations and its specialized agencies and the International Atomic
Energy Agency, as well as any State member thereof or observers thereto not party
to the Convention, may be represented at sessions of the Conference of the Parties
serving as the meeting of the Parties to this Agreement as observers. Any body or
agency, whether national or international, governmental or non-governmental,
which is qualified in matters covered by this Agreement and which has informed
the secretariat of its wish to be represented at a session of the Conference of the
Parties serving as the meeting of the Parties to this Agreement as an observer, may
be so admitted unless at least one third of the Parties present object. The admission
and participation of observers shall be subject to the rules of procedure referred to
in paragraph 5 of this Article.
Article 17
1. The secretariat established by Article 8 of the Convention shall serve as the
secretariat of this Agreement.
2. Article 8, paragraph 2, of the Convention on the functions of the secretariat,
and Article 8, paragraph 3, of the Convention, on the arrangements made for the
functioning of the secretariat, shall apply mutatis mutandis to this Agreement. The
secretariat shall, in addition, exercise the functions assigned to it under this
Agreement and by the Conference of the Parties serving as the meeting of the
Parties to this Agreement.
Article 18
1. The Subsidiary Body for Scientific and Technological Advice and the
Subsidiary Body for Implementation established by Articles 9 and 10 of the
Convention shall serve, respectively, as the Subsidiary Body for Scientific and
Technological Advice and the Subsidiary Body for Implementation of this
Agreement. The provisions of the Convention relating to the functioning of these
two bodies shall apply mutatis mutandis to this Agreement. Sessions of the
meetings of the Subsidiary Body for Scientific and Technological Advice and the
Subsidiary Body for Implementation of this Agreement shall be held in conjunction
with the meetings of, respectively, the Subsidiary Body for Scientific and
Technological Advice and the Subsidiary Body for Implementation of the
Convention.
2. Parties to the Convention that are not Parties to this Agreement may
participate as observers in the proceedings of any session of the subsidiary bodies.
When the subsidiary bodies serve as the subsidiary bodies of this Agreement,
decisions under this Agreement shall be taken only by those that are Parties to this
Agreement.
3. When the subsidiary bodies established by Articles 9 and 10 of the
Convention exercise their functions with regard to matters concerning this
Agreement, any member of the bureaux of those subsidiary bodies representing a
Party to the Convention but, at that time, not a Party to this Agreement, shall be
replaced by an additional member to be elected by and from amongst the Parties to
this Agreement.
Article 19
1. Subsidiary bodies or other institutional arrangements established by or under
the Convention, other than those referred to in this Agreement, shall serve this
Agreement upon a decision of the Conference of the Parties serving as the meeting
of the Parties to this Agreement. The Conference of the Parties serving as the
meeting of the Parties to this Agreement shall specify the functions to be exercised
by such subsidiary bodies or arrangements.
2. The Conference of the Parties serving as the meeting of the Parties to this
Agreement may provide further guidance to such subsidiary bodies and
institutional arrangements.
Article 20
1. This Agreement shall be open for signature and subject to ratification,
acceptance or approval by States and regional economic integration organizations
that are Parties to the Convention. It shall be open for signature at the United
Nations Headquarters in New York from 22 April 2016 to 21 April 2017.
Thereafter, this Agreement shall be open for accession from the day following the
date on which it is closed for signature. Instruments of ratification, acceptance,
approval or accession shall be deposited with the Depositary.
2. Any regional economic integration organization that becomes a Party to this
Agreement without any of its member States being a Party shall be bound by all the
obligations under this Agreement. In the case of regional economic integration
organizations with one or more member States that are Parties to this Agreement,
the organization and its member States shall decide on their respective
responsibilities for the performance of their obligations under this Agreement. In
such cases, the organization and the member States shall not be entitled to exercise
rights under this Agreement concurrently.
3. In their instruments of ratification, acceptance, approval or accession,
regional economic integration organizations shall declare the extent of their
competence with respect to the matters governed by this Agreement. These
organizations shall also inform the Depositary, who shall in turn inform the Parties,
of any substantial modification in the extent of their competence.
Article 21
1. This Agreement shall enter into force on the thirtieth day after the date on
which at least 55 Parties to the Convention accounting in total for at least an
estimated 55 per cent of the total global greenhouse gas emissions have deposited
their instruments of ratification, acceptance, approval or accession.
2. Solely for the limited purpose of paragraph 1 of this Article, “total global
greenhouse gas emissions” means the most up-to-date amount communicated on or
before the date of adoption of this Agreement by the Parties to the Convention.
3. For each State or regional economic integration organization that ratifies,
accepts or approves this Agreement or accedes thereto after the conditions set out
in paragraph 1 of this Article for entry into force have been fulfilled, this
Agreement shall enter into force on the thirtieth day after the date of deposit by
such State or regional economic integration organization of its instrument of
ratification, acceptance, approval or accession.
4. For the purposes of paragraph 1 of this Article, any instrument deposited by
a regional economic integration organization shall not be counted as additional to
those deposited by its member States.
Article 22
The provisions of Article 15 of the Convention on the adoption of
amendments to the Convention shall apply mutatis mutandis to this Agreement.
Article 23
1. The provisions of Article 16 of the Convention on the adoption and
amendment of annexes to the Convention shall apply mutatis mutandis to this
Agreement.
2. Annexes to this Agreement shall form an integral part thereof and, unless
otherwise expressly provided for, a reference to this Agreement constitutes at the
same time a reference to any annexes thereto. Such annexes shall be restricted to
lists, forms and any other material of a descriptive nature that is of a scientific,
technical, procedural or administrative character.
Article 24
The provisions of Article 14 of the Convention on settlement of disputes
shall apply mutatis mutandis to this Agreement.
Article 25
1. Each Party shall have one vote, except as provided for in paragraph 2 of this
Article.
2. Regional economic integration organizations, in matters within their
competence, shall exercise their right to vote with a number of votes equal to the
number of their member States that are Parties to this Agreement. Such an
organization shall not exercise its right to vote if any of its member States exercises
its right, and vice versa.
Article 26
The Secretary-General of the United Nations shall be the Depositary of this
Agreement.
Article 27
No reservations may be made to this Agreement.
Article 28
1. At any time after three years from the date on which this Agreement has
entered into force for a Party, that Party may withdraw from this Agreement by
giving written notification to the Depositary.
2. Any such withdrawal shall take effect upon expiry of one year from the date
of receipt by the Depositary of the notification of withdrawal, or on such later date
as may be specified in the notification of withdrawal.
3. Any Party that withdraws from the Convention shall be considered as also
having withdrawn from this Agreement.
Article 29
The original of this Agreement, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
DONE at Paris this twelfth day of December two thousand and fifteen.
IN WITNESS WHEREOF, the undersigned, being duly authorized to that effect,
have signed this Agreement.
