Envi Compilation.docx

BIA | Environmental Law | 1
ENVIRONMENTAL LAW
From the course outline of Atty. Jeffrey Jefferson Y. Coronel
2nd
Semester | A.Y. 2013 - 2014
REPUBLIC ACT NO. 9729
AN ACT MAINSTREAMING CLIMATE CHANGE INTO GOVERNMENT
POLICY FORMULATIONS, ESTABLISHING THE FRAMEWORK
STRATEGY AND PROGRAM ON CLIMATE CHANGE, CREATING FOR
THIS PURPOSE THE CLIMATE CHANGE COMMISSION, AND FOR
OTHER PURPOSES
Section 1. Title. – This Act shall be known as the “Climate Change Act
of 2009”.
Section 2. Declaration of Policy. – It is the policy of the State to afford full
protection and the advancement of the right of the people to a healthful
ecology in accord with the rhythm and harmony of nature. In this light, the
State has adopted the Philippine Agenda 21 framework which espouses
sustainable development, to fulfill human needs while maintaining the
quality of the natural environment for current and future generations.
Towards this end, the State adopts the principle of protecting the climate
system for the benefit of humankind, on the basis of climate justice or
common but differentiated responsibilities and the Precautionary Principle to
guide decision-making in climate risk management. As a party to the United
Nations Framework Convention on Climate Change, the State adopts the
ultimate objective of the Convention which is the stabilization of greenhouse
gas concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic interference with the climate system which should
be achieved within a time frame sufficient to allow ecosystems to adapt
naturally to climate change, to ensure that food production is not
threatened and to enable economic development to proceed in a
sustainable manner.1awphil As a party to the Hyogo Framework for Action,
the State likewise adopts the strategic goals in order to build national and
local resilience to climate change-related disasters.
Recognizing the vulnerability of the Philippine archipelago and its local
communities, particularly the poor, women, and children, to potential
dangerous consequences of climate change such as rising seas, changing
landscapes, increasing frequency and/or severity of droughts, fires, floods
and storms, climate-related illnesses and diseases, damage to ecosystems,
biodiversity loss that affect the country’s environment, culture, and
economy, the State shall cooperate with the global community in the
resolution of climate change issues, including disaster risk reduction. It shall
be the policy of the State to enjoin the participation of national and local
governments, businesses, nongovernment organizations, local communities
and the public to prevent and reduce the adverse impacts of climate change
and, at the same time, maximize the benefits of climate change. It shall also
be the policy of the State to incorporate a gender-sensitive, pro-children
and pro-poor perspective in all climate change and renewable energy
efforts, plans and programs. In view thereof, the State shall strengthen,
integrate, consolidate and institutionalize government initiatives to achieve
coordination in the implementation of plans and programs to address
climate change in the context of sustainable development.
Further recognizing that climate change and disaster risk reduction are
closely interrelated and effective disaster risk reduction will enhance climate
change adaptive capacity, the State shall integrate disaster risk reduction
into climate change programs and initiatives.
Cognizant of the need to ensure that national and subnational government
policies, plans, programs and projects are founded upon sound
environmental considerations and the principle of sustainable development,
it is hereby declared the policy of the State to systematically integrate the
concept of climate change in various phases of policy formulation,
development plans, poverty reduction strategies and other development
tools and techniques by all agencies and instrumentalities of the
government.
Section 3. Definition of Terms. – For purposes of this Act, the following
shall have the corresponding meanings:
(a) “Adaptation” refers to the adjustment in natural or human
systems in response to actual or expected climatic stimuli or their
effects, which moderates harm or exploits beneficial opportunities.
(b) “Adaptive capacity” refers to the ability of ecological, social or
economic systems to adjust to climate change including climate
variability and extremes, to moderate or offset potential damages
and to take advantage of associated opportunities with changes in
climate or to cope with the consequences thereof.
(c) “Anthropogenic causes” refer to causes resulting from
human activities or produced by human beings.

(d) “Climate Change” refers to a change in climate that can be
identified by changes in the mean and/or variability of its properties
and that persists for an extended period typically decades or longer,
whether due to natural variability or as a result of human activity.
(e) “Climate Variability” refers to the variations in the average
state and in other statistics of the climate on all temporal and
spatial scales beyond that of individual weather events.
(f) “Climate Risk” refers to the product of climate and related
hazards working over the vulnerability of human and natural
ecosystems.
(g) “Disaster” refers to a serious disruption of the functioning of a
community or a society involving widespread human, material,
economic or environmental losses and impacts which exceed the
ability of the affected community or society to cope using its own
resources.
(h) “Disaster risk reduction” refers to the concept and practice
of reducing disaster risks through systematic efforts to analyze and
manage the causal factors of disasters, including through reduced
exposure to hazards, lessened vulnerability of people and property,
wise management of land and the environment, and improved
preparedness for adverse events.
(i) “Gender mainstreaming” refers to the strategy for making
women’s as well as men’s concerns and experiences an integral
dimension of the design, implementation, monitoring, and
evaluation of policies and programs in all political, economic, and
societal spheres so that women and men benefit equally and
inequality is not perpetuated. It is the process of assessing the
implications for women and men of any planned action, including
legislation, policies, or programs in all areas and at all levels.
(j) “Global Warming” refers to the increase in the average
temperature of the Earth’s near-surface air and oceans that is
associated with the increased concentration of greenhouse gases in
the atmosphere.
(k) “Greenhouse effect” refers to the process by which the
absorption of infrared radiation by the atmosphere warms the
Earth.
(l) “Greenhouse gases (GHG)” refers to constituents of the
atmosphere that contribute to the greenhouse effect including, but
not limited to, carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
(m) “Mainstreaming” refers to the integration of policies and
measures that address climate change into development planning
and sectoral decision-making.
(n) “Mitigation” in the context of climate change, refers to human
intervention to address anthropogenic emissions by sources and
removals by sinks of all GHG, including ozone- depleting substances
and their substitutes.
(o) “Mitigation potential” shall refer to the scale of GHG
reductions that could be made, relative to emission baselines, for a
given level of carbon price (expressed in cost per unit of carbon
dioxide equivalent emissions avoided or reduced).
(p) “Sea level rise” refers to an increase in sea level which may
be influenced by factors like global warming through expansion of
sea water as the oceans warm and melting of ice over land and
local factors such as land subsidence.
(q) “Vulnerability” refers to the degree to which a system is
susceptible to, or unable to cope with, adverse effects of climate
change, including climate variability and extremes. Vulnerability is a
function of the character, magnitude, and rate of climate change
and variation to which a system is exposed, its sensitivity, and its
adaptive capacity.
Section 4. Creation of the Climate Change Commission. – There is hereby
established a Climate Change Commission, hereinafter referred to as the
Commission.
The Commission shall be an independent and autonomous body and shall
have the same status as that of a national government agency. It shall be
attached to the Office of the President.

The Commission shall be the sole policy-making body of the government
which shall be tasked to coordinate, monitor and evaluate the programs and
action plans of the government relating to climate change pursuant to the
provisions of this Act.
The Commission shall be organized within sixty (60) days from the
effectivity of this Act.
Section 5. Composition of the Commission. – The Commission shall be
composed of the President of the Republic of the Philippines who shall serve
as the Chairperson, and three (3) Commissioners to be appointed by the
President, one of whom shall serve as the Vice Chairperson of the
Commission.
The Commission shall have an advisory board composed of the following:
(a) Secretary of the Department of Agriculture;
(b) Secretary of the Department of Energy;
(c) Secretary of the Department of Environment and Natural
Resources;
(d) Secretary of the Department of Education;
(e) Secretary of the Department of Foreign Affairs;
(f) Secretary of the Department of Health;
(g) Secretary of the Department of the Interior and Local
Government;
(h) Secretary of the Department of National Defense, in his capacity
as Chair of the National Disaster Coordinating Council;
(i) Secretary of the Department of Public Works and Highways;
(j) Secretary of the Department of Science and Technology;
(k) Secretary of the Department of Social Welfare and
Development;
(l) Secretary of the Department of Trade and Industry;
(m) Secretary of the Department of Transportation and
Communications;
(n) Director-General of the National Economic and Development
Authority, in his capacity as Chair of the Philippine Council for
Sustainable Development;
(o) Director-General of the National Security Council;
(p) Chairperson of the National Commission on the Role of Filipino
Women;
(q) President of the League of Provinces;
(r) President of the League of Cities;
(s) President of the League of Municipalities;
(t) President of the Liga ng mga Barangay;
(u) Representative from the academe;
(v) Representative from the business sector; and
(w) Representative from nongovernmental organizations.
At least one (1) of the sectoral representatives shall come from the disaster
risk reduction community.
The representatives shall be appointed by the President from a list of
nominees submitted by their respective groups. They shall serve for a term
of six (6) years without reappointment unless their representation is
withdrawn by the sector they represent. Appointment to any vacancy shall
be only for the unexpired term of the predecessor.
Only the ex officio members of the advisory board shall appoint a qualified
representative who shall hold a rank of no less than an Undersecretary.

Section 6. Meetings of the Commission. – The Commission shall meet once
every three (3) months, or as often as may be deemed necessary by the
Chairperson. The Chairperson may likewise call upon other government
agencies for the proper implementation of this Act.
Section 7. Qualifications, Tenure, Compensation of Commissioners. – The
Commissioners must be Filipino citizens, residents of the Philippines, at least
thirty (30) years of age at the time of appointment, with at least ten (10)
years of experience on climate change and of proven honesty and ntegrity.
The Commissioners shall be experts in climate change by virtue of their
educational background, training and experience: Provided, That at least
one (1) Commissioner shall be female: Provided, further, That in no case
shall the Commissioners come from the same sector: Provided, finally, That
in no case shall any of the Commissioners appoint representatives to act on
their behalf.
The Commissioners shall hold office for a period of six (6) years, and may
be subjected to reappointment: Provided, That no person shall serve for
more than two (2) consecutive terms: Provided, further, That in case of a
vacancy, the new appointee shall fully meet the qualifications of a
Commissioner and shall hold office for the unexpired portion of the term
only: Provided, finally, That in no case shall a Commissioner be designated
in a temporary or acting capacity.
The Vice Chairperson and the Commissioners shall have the rank and
privileges of a Department Secretary and Undersecretary, respectively. They
shall be entitled to corresponding compensation and other emoluments and
shall be subject to the same disqualifications.
Section 8. Climate Change Office. – There is hereby created a Climate
Change Office that shall assist the Commission. It shall be headed by a Vice
Chairperson of the Commission who shall act as the Executive Director of
the Office. The Commission shall have the authority to determine the
number of staff and create corresponding positions necessary to facilitate
the proper implementation of this Act, subject to civil service laws, rules and
regulations. The officers and employees of the Commission shall be
appointed by the Executive Director.
Section 9. Powers and Functions of the Commission. – The Commission
shall have the following powers and functions:
(a) Ensure the mainstreaming of climate change, in synergy with
disaster risk reduction, into the national, sectoral and local
development plans and programs;
(b) Coordinate and synchronize climate change programs of
national government agencies;
(c) Formulate a Framework Strategy on Climate Change to serve as
the basis for a program for climate change planning, research and
development, extension, and monitoring of activities on climate
change;
(d) Exercise policy coordination to ensure the attainment of goals
set in the framework strategy and program on climate change;
(e) Recommend legislation, policies, strategies, programs on and
appropriations for climate change adaptation and mitigation and
other related activities;
(f) Recommend key development investments in climate- sensitive
sectors such as water resources, agriculture, forestry, coastal and
marine resources, health, and infrastructure to ensure the
achievement of national sustainable development goals;
(g) Create an enabling environment for the design of relevant and
appropriate risk-sharing and risk-transfer instruments;
(h) Create an enabling environment that shall promote broader
multi-stakeholder participation and integrate climate change
mitigation and adaptation;
(i) Formulate strategies on mitigating GHG and other anthropogenic
causes of climate change;
(j) Coordinate and establish a close partnership with the National
Disaster Coordinating Council in order to increase efficiency and
effectiveness in reducing the people’s vulnerability to climate-
related disasters;
(k) In coordination with the Department of Foreign Affairs,
represent the Philippines in the climate change negotiations;

(l) Formulate and update guidelines for determining vulnerability to
climate change impacts and adaptation assessments and facilitate
the provision of technical assistance for their implementation and
monitoring;
(m) Coordinate with local government units (LGUs) and private
entities to address vulnerability to climate change impacts of
regions, provinces, cities and municipalities;
(n) Facilitate capacity building for local adaptation planning,
implementation and monitoring of climate change initiatives in
vulnerable communities and areas;
(o) Promote and provide technical and financial support to local
research and development programs and projects in vulnerable
communities and areas; and
(p) Oversee the dissemination of information on climate change,
local vulnerabilities and risks, relevant laws and protocols and
adaptation and mitigation measures.
Section 10. Panel of Technical Experts. – The Commission shall constitute
a national panel of technical experts consisting of practitioners in disciplines
that are related to climate change, including disaster risk reduction.
The Panel shall provide technical advice to the Commission in climate
science, technologies, and best practices for risk assessment and
enhancement of adaptive capacity of vulnerable human settlements to
potential impacts of climate change.
The Commission shall set the qualifications and compensation for the
technical experts. It shall provide resources for the operations and activities
of the Panel.
Section 11. Framework Strategy and Program on Climate Change. – The
Commission shall, within six (6) months from the effectivity of this Act,
formulate a Framework Strategy on Climate Change. The Framework shall
serve as the basis for a program for climate change planning, research and
development, extension, and monitoring of activities to protect vulnerable
communities from the adverse effects of climate change.
The Framework shall be formulated based on climate change vulnerabilities,
specific adaptation needs, and mitigation potential, and in accordance with
the international agreements.
The Framework shall be reviewed every three (3) years, or as may be
deemed necessary.
Section 12. Components of the Framework Strategy and Program on
Climate Change. – The Framework shall include, but not limited to, the
following components:
(a) National priorities;
(b) Impact, vulnerability and adaptation assessments;
(c) Policy formulation;
(d) Compliance with international commitments;
(e) Research and development;
(f) Database development and management;
(g) Academic programs, capability building and mainstreaming;
(h) Advocacy and information dissemination;
(i) Monitoring and evaluation; and
(j) Gender mainstreaming.
Section 13. National Climate Change Action Plan. – The Commission shall
formulate a National Climate Change Action Plan in accordance with the
Framework within one (1) year after the formulation of the latter.
The National Climate Change Action Plan shall include, but not limited to,
the following components:
(a) Assessment of the national impact of climate change;

(b) The identification of the most vulnerable communities/areas,
including ecosystems to the impacts of climate change, variability
and extremes;
(c) The identification of differential impacts of climate change on
men, women and children;
(d) The assessment and management of risk and vulnerability;
(e) The identification of GHG mitigation potentials; and
(f) The identification of options, prioritization of appropriate
adaptation measures for joint projects of national and local
governments.
Section 14. Local Climate Change Action Plan. – The LGUs shall be the
frontline agencies in the formulation, planning and implementation of
climate change action plans in their respective areas, consistent with the
provisions of the Local Government Code, the Framework, and the National
Climate Change Action Plan.
Barangays shall be directly involved with municipal and city governments in
prioritizing climate change issues and in identifying and implementing best
practices and other solutions. Municipal and city governments shall consider
climate change adaptation, as one of their regular functions. Provincial
governments shall provide technical assistance, enforcement and
information management in support of municipal and city climate change
action plans. Inter-local government unit collaboration shall be maximized in
the conduct of climate- related activities.
LGUs shall regularly update their respective action plans to reflect changing
social, economic, and environmental conditions and emerging issues. The
LGUs shall furnish the Commission with copies of their action plans and all
subsequent amendments, modifications and revisions thereof, within one
(1) month from their adoption. The LGUs shall mobilize and allocate
necessary personnel, resources and logistics to effectively implement their
respective action plans.
The local chief executive shall appoint the person responsible for the
formulation and implementation of the local action plan.
It shall be the responsibility of the national government to extend technical
and financial assistance to LGUs for the accomplishment of their Local
Climate Change Action Plans.
The LGU is hereby expressly authorized to appropriate and use the amount
from its Internal Revenue Allotment necessary to implement said local plan
effectively, any provision in the Local Government Code to the contrary
notwithstanding.
Section 15. Role of Government Agencies. – To ensure the effective
implementation of the framework strategy and program on climate change,
concerned agencies shall perform the following functions:
(a) The Department of Education (DepED) shall integrate climate
change into the primary and secondary education curricula and/or
subjects, such as, but not limited to, science, biology, sibika,
history, including textbooks, primers and other educational
materials, basic climate change principles and concepts;
(b) The Department of the Interior and Local Government (DILG)
and Local Government Academy shall facilitate the development
and provision of a training program for LGUs in climate change. The
training program shall include socioeconomic, geophysical, policy,
and other content necessary to address the prevailing and
forecasted conditions and risks of particular LGUs. It shall likewise
focus on women and children, especially in the rural areas, since
they are the most vulnerable;
(c) The Department of Environment and Natural Resources (DENR)
shall oversee the establishment and maintenance of a climate
change information management system and network, including on
climate change risks, activities and investments, in collaboration
with other concerned national government agencies, institutions
and LGUs;
(d) The Department of Foreign Affairs (DFA) shall review
international agreements related to climate change and make the
necessary recommendation for ratification and compliance by the
government on matters pertaining thereto;
(e) The Philippine Information Agency (PIA) shall disseminate
information on climate change, local vulnerabilities and risk,

relevant laws and protocols and adaptation and mitigation
measures; and
(f) Government financial institutions, shall, any provision in their
respective charters to the contrary notwithstanding, provide
preferential financial packages for climate change- related projects.
In consultation with the Bangko Sentral ng Pilipinas (BSP), they
shall, within thirty (30) days from the effectivity of this Act, issue
and promulgate the implementing guidelines therefor.
The Commission shall evaluate, recommend the approval of loans and
monitor the use of said funds of LGUs.
Section 16. Coordination with Various Sectors. – In the development and
implementation of the National Climate Change Action Plan, and the local
action plans, the Commission shall coordinate with the nongovernment
organizations (NGOs), civic organizations, academe, people’s organizations,
the private and corporate sectors and other concerned stakeholder groups.
Section 17. Authority to Receive Donations and/or Grants. – The
Commission is hereby authorized to accept grants, contributions, donations,
endowments, bequests, or gifts in cash, or in kind from local and foreign
sources in support of the development and implementation of climate
change programs and plans: Provided, That in case of donations from
foreign governments, acceptance thereof shall be subject to prior clearance
and approval of the President of the Philippines upon recommendation of
the Secretary of Foreign Affairs: Provided, further, That such donations shall
not be used to fund personal services expenditures and other operating
expenses of the Commission.
The proceeds shall be used to finance:
(a) Research, development, demonstration and promotion of
technologies;
(b) Conduct of assessment of vulnerabilities to climate change
impacts, resource inventory, and adaptation capability building;
(c) Advocacy, networking and communication activities in the
conduct of information campaign; and
(d) Conduct of such other activities reasonably necessary to carry
out the objectives of this Act, as may be defined by the
Commission.
Section 18. Funding Allocation for Climate Change. – All relevant
government agencies and LGUs shall allocate from their annual
appropriations adequate funds for the formulation, development and
implementation, including training, capacity building and direct intervention,
of their respective climate change programs and plans. It shall also include
public awareness campaigns on the effects of climate change and energy-
saving solutions to mitigate these effects, and initiatives, through
educational and training programs and micro-credit schemes, especially for
women in rural areas. In subsequent budget proposals, the concerned
offices and units shall appropriate funds for program/project development
and implementation including continuing training and education in climate
change.1avvphi1
Section 19. Joint Congressional Oversight Committee. – There is hereby
created a Joint Congressional Oversight Committee to monitor the
implementation of this Act. The Oversight Committee shall be composed of
five (5) Senators and five (5) Representatives to be appointed by the Senate
President and the Speaker of the House of Representatives, respectively.
The Oversight Committee shall be co-chaired by a Senator and a
Representative to be designated by the Senate President and the Speaker of
the House of Representatives, respectively. Its funding requirement shall be
charged against the appropriations of Congress.
Section 20. Annual Report. – The Commission shall submit to the President
and to both Houses of Congress, not later than March 30 of every year
following the effectivity of this Act, or upon the request of the Congressional
Oversight Committee, a report giving a detailed account of the status of the
implementation of this Act, a progress report on the implementation of the
National Climate Change Action Plan and recommend legislation, where
applicable and necessary. LGUs shall submit annual progress reports on the
implementation of their respective local action plan to the Commission
within the first quarter of the following year.
Section 21. Appropriations. – The sum of Fifty million pesos
(Php50,000,000.00) is hereby appropriated as initial operating fund in
addition to the unutilized fund of the Presidential Task Force on Climate
Change and the Office of the Presidential Adviser on Global Warming and
Climate Change. The sum shall be sourced from the President’s contingent
fund.

Thereafter, the amount necessary to effectively carry out the provisions of
this Act shall be included in the annual General Appropriations Act.
Section 22. Implementing Rules and Regulations. – Within ninety (90)
days after the approval of this Act, the Commission shall, upon consultation
with government agencies, LGUs, private sector, NGOs and civil society,
promulgate the implementing rules and regulations of this Act: Provided,
That failure to issue rules and regulations shall not in any manner affect the
executory nature of the provisions of this Act.
Section 23. Transitory Provisions. – Upon the organization of the
Commission, the Presidential Task Force on Climate Change created under
Administrative Order No. 171 and the Inter-Agency Committee on Climate
Change created by virtue of Administrative Order No. 220, shall be
abolished: Provided, That their powers and functions shall be absorbed by
the Commission: Provided, further, That the officers and employees thereof
shall continue in a holdover capacity until such time as the new officers and
employees of the Commission shall have been duly appointed pursuant to
the provisions of this Act. All qualified regular or permanent employees who
may be transferred to the Commission shall not suffer any loss in seniority
or rank or decrease in emoluments. Any employee who cannot be absorbed
by the Commission shall be entitled to a separation pay under existing
retirement laws.
Section 24. Separability Clause. – If for any reason any section or
provision of this Act is declared as unconstitutional or invalid, the other
sections or provisions hereof shall not be affected thereby.
Section 25. Repealing Clause. – All laws, ordinances, rules and regulations,
and other issuances or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly.
Section 26. Effectivity. – This Act shall take effect fifteen (15) days after
the completion of its publication in the Official Gazette or in at least two (2)
national newspapers of general circulation.
[REPUBLIC ACT NO. 10174]
AN ACT ESTABLISHING THE PEOPLE’S SURVIVAL FUND TO
PROVIDE LONG-TERM FINANCE STREAMS TO ENABLE THE
GOVERNMENT TO EFFECTIVELY ADDRESS THE PROBLEM OF
CLIMATE CHANGE, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 9729, OTHERWISE KNOWN AS THE “CLIMATE CHANGE ACT OF
2009″, AND FOR OTHER PURPOSES
SECTION 1. Section 2 of Republic Act No. 9729, otherwise known as the
“Climate Change Act of 2009″, is hereby amended to read as follows:
“SEC. 2. Declaration of Policy. – It is the policy of the State to afford full
protection and the advancement of the right of the people to a healthful
ecology in accord with the rhythm and harmony of nature. In this light, the
State has adopted the Philippine Agenda 21 framework which espouses
sustainable development, to fulfill human needs while maintaining the
quality of the natural environment for current and future generations.
Towards this end, the State adopts the principle of protecting the climate
system for the benefit of humankind, on the basis of climate justice or
common but differentiated responsibilities and the Precautionary Principle to
guide decision-making in climate risk management. As a party to the United
Nations Framework Convention on Climate Change (UNFCCC), the State
adopts the ultimate objective of the Convention which is the stabilization of
greenhouse gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the climate system
which should be achieved within a time frame sufficient to allow ecosystems
to adapt naturally to climate change, to ensure that food production is not
threatened and to enable economic development to proceed in a
sustainable manner. As a party to the Hyogo Framework for Action, the
State likewise adopts the strategic goals in order to build national and local
resilience to climate change-related disasters.
Recognizing the vulnerability of the Philippine archipelago and its local
communities, particularly the poor, women, and children, to potential
dangerous consequences of climate change and global warming such as
increasing temperatures, rising seas, changing landscapes, increasing
frequency and/or severity of droughts, fire, floods and storms, climate-
related illnesses and diseases, damage to ecosystems, biodiversity loss that
affect the country’s environment, culture, and economy, the State shall
cooperate with the global community in the resolution of climate change
issues, including disaster risk reduction. It shall be the policy of the State to
enjoin the participation of national and local governments, businesses,
nongovernment organizations, local communities and the public to prevent
and reduce the adverse impacts of climate change and, at the same time,
maximize the potential benefits of climate change. It shall also be the policy
of the State to incorporate a gender-sensitive, pro-children and pro-poor
perspective in all climate change and renewable energy efforts, plans and
programs. In view thereof, the State shall strengthen, integrate, consolidate

and institutionalize government initiatives to achieve coordination in the
implementation of plans and programs to address climate change in the
contest of sustainable development.
Further recognizing that climate change and disaster risk reduction and
management are closely interrelated and effective disaster risk reduction
and management will enhance adaptive capacity to climate change, climate
variability and extreme climate events, the State shall integrate disaster risk
reduction into climate change programs and initiatives.
Cognizant of the need to ensure that national and sub-national government
policies, plans, programs and projects are founded upon sound
environmental considerations and the principle of sustainable development,
it is hereby declared the policy of the State to systematically integrate the
concept of climate change in various phases of policy formulation,
development plans, poverty reduction strategies and other development
tools and techniques by all agencies and instrumentalities of the
government.”
SEC. 2. Section 3 of Republic Act No. 9729 is hereby amended to read as
follows:
“SEC. 3. Definition of Terms. – For purposes of this Act, the following shall
have the corresponding meanings:
(a) ‘Adaptation’ refers to the adjustment in natural or human systems in
response to actual or expected climatic stimuli or their effects, which
moderates barn or exploits beneficial opportunities.
(b) ‘Adaptive capacity’ refers to the ability of ecological, social or economic
systems to adjust to climate change including climate variability and
extremes, to moderate or offset potential damages and to take advantage
of associated opportunities with changes in climate or to cope with the
consequences thereof.
(c) ‘Anthropogenic causes’ refer to causes resulting from human activities or
produced by human beings.
(d) ‘Climate Change’ refers to a change in climate that can be identified by
changes in the mean and/or variability of its properties and that persists for
an extended period typically decades or longer, whether due to natural
variability or as a result of human activity.
(e) ‘Climate Finance’ refers to resources that have been allocated or may be
utilized towards the climate change adaptation and mitigation requirements
of the country and its vulnerable communities.
(f) ‘Climate Variability’ refers to the variations in the average state and in
other statistics of the climate on all temporal and spatial scales beyond that
of individual weather events.
(g) ‘Climate Risk’ refers to the product of climate and related hazards
working over the vulnerability of human and natural ecosystems.
(h) ‘Disaster’ refers to a serious disruption of the functioning of a
community or a society involving widespread human, material, economic or
environmental losses and impacts which exceed the ability of the affected
community or society to cope using its own resources.
(i) ‘Disaster Risk Reduction and Management (DRRM)’ refers to the
systematic process of using administrative directives, organizations, and
operational skills and capacities to implement strategies, policies and
improved coping capacities in order to lessen the adverse impacts of
hazards and the possibility of disaster. Prospective Disaster Risk Reduction
and Management refers to risk reduction and management activities that
address and seek to avoid the development of new or increased disaster
risks, especially if risk reduction policies are not put in place.
(j) ”Gender mainstreaming’ refers to the strategy for making the concerns
and experiences of women as well as those of men an integral dimension of
the design, implementation, monitoring, and evaluation of policies and
programs in all political, economic, environmental or ecological and societal
spheres so that women and men benefit equally and inequality is not
perpetuated. It is the process of assessing the implications for women and
men of any planned action, including legislation, policies, or programs in all
areas and at all levels.
(k) ‘Global Warming’ refers to the increase in the average temperature of
the Earth’s near-surface air and oceans that is associated with the increased
concentration of greenhouse gases in the atmosphere.
(I) ‘Greenhouse effect’ refers to the process by which the absorption of
infrared radiation by the atmosphere warms the Earth.
(m) ‘Greenhouses gases (GHG)’ refers to constituents of the atmosphere
that contribute to the greenhouse effect including, but not limited to, carbon
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and
sulfur hexafluoride.
(n) ‘Mainstreaming’ refers to the integration of policies and measures that
address climate change into development planning and sectoral decision-
making.
(o) ‘Mitigation’ in the context of climate change, refers to human
intervention to reduce anthropogenic emissions sources and enhance
removals by sinks of all GHG, including- ozone-depleting substances and
their substitutes.
(p) ‘Mitigation potential shall refer to the scale of GHG reductions that could
be made, relative to emission baselines, for a given level of carbon price
(expressed in cost per unit of carbon dioxide equivalent emissions avoided
or reduced).
(q) ‘Sea level rise’ refers to an increase in sea level which may be influenced
by factors like global warming through expansion of sea water as the
oceans warm and melting of ice over land and local factors such as land
subsidence.

(r) ‘Vulnerability’ refers to the degree to which a system is susceptible to, or
unable to cope with, adverse effects of climate change, including climate
variability and extreme climate events. Vulnerability is a function of the
character, magnitude, and rate of climate change and variation to which a
system is exposed, its sensitivity, and its adaptive capacity.
follows:
“SEC. 4. Creation of the Climate Change Commission. – There is hereby
established a Climate Change Commission, hereinafter referred to as the
Commission.
Thu Commission shall be an independent and autonomous body and shall
have the same status as that of a national government agency. It shall be
attached to the Office of the President.
The Commission shall be the lead policy-making body of the government,
which shall be tasked to coordinate, monitor and evaluate the programs and
action plans of the government in order to ensure the mainstreaming of
climate change into the national, sectoral and local development plans and
programs pursuant to the provisions of this Act.
The Commission shall be organized within sixty (80) days from the
effectivity of this Act.”
follows.
“SEC. 5. Composition of the Commission. – The Commission shall be
composed of the President, of the Republic of the Philippines who shall
serve as the Chairperson, and three (3) Commissioners to be appointed by
the President, one of whom shall be appointed as Vice Chairperson of the
Commission.
The Commission shall have an advisory board composed of the following:
(a) Secretary of the Department of Agriculture;
(b) Secretary of the Department of Budget and Management;
(c) Secretary of the Department of Energy;
(d) Secretary of the Department of Environment and Natural Resources;
(e) Secretary of the Department of Education;
(f) Secretary of the Department of Finance;
(g) Secretary of the Department of Foreign Affairs;
(h) Secretary of the Department of Health;
(i) Secretary of the Department of Interior and Local Government;
(j) Secretary of the Department of National Defense, in his capacity as Chair
of the National Disaster Risk Reduction and Management Council;
(k) Secretary of the Department of Public Works and Highways;
(l) Secretary of the Department of Science and Technology;
(m) Secretary of the Department of Social Welfare and Development;
(n) Secretary of the Department of Trade and Industry;
(o) Secretary of the Department of Transportation and Communications;
(p) Director-General of the National Economic and Development Authority,
in his capacity as Socioeconomic Planning Secretary and Chair of the
Philippine Council for Sustainable Development (PCSD);
(q) Director-General of the National Security Council;
(r) Chairperson of the Philippine Commission on Women;
(s) Chairperson of the National Youth Commission;
(t) President of the Sangguniang Kabataan National Federation;
(u) President of the League of Provinces;
(v) President of the League of Cities;
(w) President of the League of Municipalities;
(x) President of the Liga ng mga Barangay;
(y) Representative from the academe;
(aa) Representative from the business sector; and
(aa) Representative from nongovernmental organizations.
At least one (1) of the sectoral representatives shall come from the disaster
risk reduction community.
The representatives shall be appointed by the President from a list of
nominees submitted by their respective groups and endorsed by the
Commission. They shall serve for a maximum term of six (6)
years: Provided, however, That such appointment, may be terminated by
the President on the basis of the withdrawal of endorsement by or
recommendation of the sector they represent. Appointment to any vacancy
shall be only for the unexpired term of the predecessor.
Ex officio members of the advisory board may appoint their respective
permanent alternate representatives who shall have the rank of an
Undersecretary.”
follows:
“SEC. 6. Meetings of the Commission. – The Commission shall convene
every first or last. Monday of every third month, or as often as it may deem
necessary.
In the event that the Chairperson cannot preside the meeting, the Vice
Chairperson shall undertake such function;Provided, however, That
a resolution or decision shall be approved by the majority of the three (3)
Commissioners:Provided, further, That the Chairperson may vote any
decisions of the Commission within thirty (30) days from receipt of the
same”
SEC. 6. Section 7 of Republic Act. No. 9729 is hereby amended to read as
follows:

“SEC. 7. Qualifications, Tenure, Compensation and Removal of
Commissioners. – The Commissioners must be Filipino citizens, residents of
the Philippines, at least thirty (30) years of age at the time of appointment,
with proven experience on climate change and of proven honesty and
integrity. The Commissioners shall be experts in climate change by virtue of
their educational background, training and experience: Provided, That at
least, one (1) Commissioner shall be female: Provided, further, That in no
case shall the
Commissioners come from the same sector: Provided, finally, That in no
case shall any of the Commissioners appoint representatives to act on their
behalf.
The Commissioners shall hold office for a period of six (6) years, and may
be subjected to reappointment:Provided, That no person shall serve for
more than two (2) consecutive terms: Provided, further, That, in case of a
vacancy, the new appointee shall fully meet the qualifications of a
Commissioner and shall hold office for the unexpired portion of the term
only: Provided, furthermore, That in no case shall a Commissioner be
designated in a temporary or acting capacity: Provided, finally, That any
Commissioner may be removed from office before the expiration of his/her
term for cause or due to incapacity and in accordance with due process
required by pertinent laws.
The Vice Chairperson and the Commissioners shall have the rank and
privileges of a Department Secretary and Undersecretary, respectively. They
shall be entitled to corresponding compensation and other emoluments and
shall be subject to the same disqualifications.”
follow;
“SEC. 9. Powers and Functions of the Commission. – The Commission shall
have the following powers and functions:
(a) Coordinate and synchronize climate change programs in consultation
with national government agencies and other stakeholders;
(b) Formulate a Strategic Framework on Climate Change to serve as the
basis for a program for climate change planning, research and development,
extension, and monitoring of activities on climate change;
(c) Exercise policy coordination to ensure the attainment of goals sat in the
strategic framework and program on climate change;
(d) Recommend legislation, policies, strategies, programs on and
appropriations for climate change adaptation and mitigation and other
related activities;
(e) Recommend key development investments in climate-sensitive sectors
such as water resources, agriculture, forestry, coastal and marine resources,
health, and infrastructure to ensure the achievement of national sustainable
development goals;
(f) Create an enabling environment for the design of relevant and
appropriate risk-sharing and risk-transfer instruments;
(g) Create an enabling environment that shall promote broader multi-
stakeholder participation and integrate climate change mitigation and
adaptation;
(h) Formulate strategies for mitigating GHG emissions, anthropogenic
sources and enhance removal by sinks;
(i) Coordinate and establish a close partnership with the National Disaster
Risk Reduction and Management Council in order to increase efficiency and
effectiveness in reducing the people’s vulnerability to climate-related
disasters;
(j) In coordination with the Department of foreign Affairs, represent the
Philippines in the climate change negotiations, constitute and lead the
Philippine panel of negotiators to the UNFCCC and the formulation of official
Philippine positions on climate change negotiation issues, and decision areas
in the international negotiation arena;
(k) Formulate and update guidelines for determining vulnerability to climate
change impacts and adaptation assessments and facilitate the provision of
technical assistance for their implementation and monitoring;
(l) Coordinate with local government units (LGU’s) and private entities to
address vulnerability to climate change impacts of regions, provinces, cities
and municipalities;
(m) Facilitate capacity building for local adaptation planning, implementation
and monitoring of climate change initiatives in vulnerable and marginalized
communities and areas;
(n) Promote and provide technical and financial support to local research
and develop merit programs and projects in vulnerable and marginalized
communities and areas;
(o) Oversee the dissemination of information on climate change, local
vulnerabilities and risks, relevant laws and protocols and adaptation and
mitigation measures;
(p) Establish a coordination mechanism with the concerned government
agencies and other stakeholders to ensure transparency and coherence in
the administration of climate funds taking into consideration the official
Philippine position in international negotiations; and
(q) Perform such other functions as may be necessary for the effective
implementation of this Act.”
SEC. 8. Section 11 of Republic Act No. 9729 is hereby amended to road
as follows:
“SEC. 11. National Strategic Framework and Program on Climate Change. –
The Commission shall, within six (6) months from the effectivity of this Act,
formulate a National Strategic Framework on Climate Change. The Frame
work shall serve as the basis for climate change planning, research and

development, extension, monitoring of activities, and climate financing, to
protect vulnerable and marginalized communities from the adverse effects
of climate change.
The Framework shall be formulated based on climate change vulnerabilities,
specific adaptation needs, and mitigation potential, and in accordance with
the international agreements.
The Framework shall be reviewed every three (3) years, or as may be
deemed necessary. The review of the Framework shall involve a
participatory and interactive process.”
follows:
“SEC. 12. Components of the National Strategic Framework and Program on
Climate Change. – The Framework shall include, but not limited to, the
following components:
(a) National priorities;
(b) Impact, vulnerability and adaptation assessments;
(c) Policy formulation;
(d) Compliance with international commitments;
(e) Research and development;
(f) Database development and management;
(g) Academic programs, capability building and mainstreaming;
(h) Advocacy and information dissemination;
(i) Monitoring and evaluation; and
(j) Gender mainstreaming.”
follows:
“SEC. 15. Role of Government Agencies. – To ensure the effective
implementation of the framework strategy and program on climate change,
concerned agencies shall, perform the following functions:
(a) The Department of Education (DepED) shall integrate climate change
into the primary and secondary education curricula and/or subjects, such as,
but not limited to, science, biology, sibika, history, including textbooks,
primers and other educational materials, basic climate change principles and
concepts;
(b) The Department of the Interior and Local Government (DILG) and Local
Government Academy, in coordination with the National Economic and
Development Authority and other concerned agencies, shall facilitate; the
development and provision of a capacity-building program for LGUs in
climate change, including the provision of necessary and appropriate
technology. The program shall include socioeconomic, geophysical, policy,
and other content necessary to address the prevailing and forecasted
conditions and risks of particular LGUs. It shall likewise focus on women and
children, especially in the rural areas, since they are the most vulnerable;
(c) The Department of Environment and Natural Resources (DENR) shall
oversee the establishment and maintenance of a climate change information
management system and network, including on climate change risks,
activities and investments, in collaboration with other concerned national
government agencies, institutions and LGUs
(d) The Department of Foreign Affairs (DFA) shall review international
agreements related to climate change and make the necessary
recommendation for ratification and compliance by the government on
matters pertaining thereto;
(e) The Philippine Information Agency (PIA) shall disseminate information
on climate change, local vulnerabilities and risk, relevant laws and protocols
and adaptation and mitigation measures;
(f) The Department of Finance (DOF) shall coordinate with the Commission
on matters concerning fiscal policies related to climate change and monitor
and report measures involving climate finance;
(g) The Department of Budget and Management (DBM) shall undertake the
formulation of the annual national budget in a way that ensures the
appropriate prioritization and allocation of funds to support climate change-
related programs and projects in the annual program of government;
(h) The Department, of Science and Technology (DOST), through the
Philippine Atmospheric, Geophysical and Astronomical Services
Administration (PAGASA), shall promote, assist and, where appropriate,
undertake scientific and technological research and development,
projections and analysis of future climate scenarios, including activities
relative to observation, collection, assessment and processing of climate-
related data such as, but not limited to, rainfall, sea-level-rise, extreme
climate events, rise in temperatures, and records of severe droughts
monitored over long periods of time, in coordination with LGUs in
priority/target monitoring sites, for the benefit of agriculture, natural
resources, commerce and industry and in other areas identified to be vital to
the country’s development; and
(i) Government financial in institutions, except Bangko Sentral ng Pilipinas
(BSP) shall, any provision in their respective charters to the contrary
notwithstanding, provide preferential financial packages for climate change-
related projects. In consultation with the BSP, they shall, within thirty (30)
days from the effectivity of this Act, issue and promulgate the implementing
guidelines therefor.”
follows:
“SEC. 16. Coordination with Various Sectors. – In the development and
implementation of the National Climate Change Action Plan, and the local

action plans, the Commission shall consult and coordinate with the
nongovernment organizations (NGOs), civic organizations, academe,
people’s organizations, the private and corporate sectors and other
concerned stakeholder groups.”
follows:
“SEC. 17. Authority to Receive Donations and/or Grants. – The Commission
is hereby authorized to accept grants, contributions, donations,
endowments, bequests, or gifts in cash, or in kind from local and foreign
sources in support of the development and implementation of climate
change programs and plans; Provided, That in case of donations from
foreign governments, acceptance thereof shall be subject to prior clearance
and approval of the President of the Philippines upon recommendation of
the Department of Finance: Provided, further, That such donations shall not
be used to fund personal services expenditures and other operating
expenses of the Commission.
The proceeds shall be used to finance:
(a) Research, development, demonstration and promotion of technologies;
(b) Conduct of assessment of vulnerabilities to climate change impacts,
resource inventory, and adaptation capability building;
(c) Advocacy, networking and communication activities in the conduct of
information campaign; and
(d) Conduct of such other activities reasonably necessary to carry out the
objectives of this Act, as may be defined by the Commission.”
SEC. 13. Insert and renumber Sections 18, 19, 20, 21, 22, 23, 24 and 25 in
Republic Act No. 9729 to read as follows:
“SEC. 18. Creation of the People’s Survival Fund. – A People’s Survival Fund
(PSF) is hereby established as a special fund in the National Treasury for
the financing of adaptation programs and projects based on the National
Strategic Framework.”
“SEC. 19. Sources of the Fund. – The amount of One billion pesos
(P1,000,000,000.00) shall be appropriated under the General Appropriations
Act (GAA) as opening balance of the PSF. Thereafter, the balance of the PSF
from all sources including the amount appropriated in the GAA for the
current year shall not be less than One billion pesos
(P1,000,000,000.00): Provided, That the balance of the PSF may be
increased as the need arises, subject to review and evaluation by the Office
of the President and the Department of Budget and Management (DBM) of
the accomplishments of the Commission and other concerned
LGUs: Provided, further, That the PSF shall not be used to fund personal
services and other operational expenses of the Commission: Provided,
furthermore, That the balance of the PSF including the amount appropriated
in the GAA which shall form part of the fund shall not revert to the general
fund: Provided, finally, That the Commission shall submit to Congress and
the DBM a semi-annual physical/narrative and financial report on the
utilization of the PSF.
The PSF may be augmented by donations, endowments, grants and
contributions, which shall be exempt from donor’s tax and be considered as
allowable deductions from the gross income of the donor, in accordance
with the provisions of the National Internal Revenue Code of 1997, as
amended.”
“SEC. 20. Uses of the Fund. – The fund shall he used to support adaptation
activities of local governments and communities such as, but not limited to,
the following:
(a) Adaptation activities, where sufficient information is available to warrant
such activities, in the areas of water resources management, land
management, agriculture and fisheries, health, infrastructure development,
natural ecosystems including mountainous and coastal ecosystems;
(b) Improvement of the monitoring of vector-borne diseases triggered by
climate change, and in this context improving disease control and
prevention;
(c) Forecasting and early warning systems as part of preparedness for
climate-related hazards;
(d) Supporting institutional development, for local governments, in
partnership with local communities and civil society groups, for preventive
measures, planning, preparedness and management of impacts relating to
climate change, including contingency planning, in particular, for droughts
and floods in areas prone to extreme climate events;
(e) Strengthening existing; and where needed, establish regional centers
and information networks to support climate change adaptation initiatives
and projects;
(f) Serving as a guarantee for risk insurance needs for farmers, agricultural
workers and other stakeholders; and
(g) Community adaptation support programs by local organizations
accredited by the Commission.
The fund shall be suppletory to any annual appropriations allocated by
relevant government agencies for climate change-related programs and
projects and by LQUs. The fund shall encourage counterpart funding
arrangements among local governments, community organizations, the
private sector, and other entities.”
“SEC. 21. The People’s Survival Fund Board. – There is hereby created a
People’s Survival Fund Board, hereinafter referred to as the PSF Board,

which shall be lodged under the Commission. It shall be composed of the
following:
(a) Secretary of the Department of Finance as Chair;
(b) Vice Chairperson of the Commission;
(c) Secretary of the Department of Budget and Management;
(d) Director-General of the National Economic and Development Authority;
(e) Secretary of the Department of the Interior and Local Government;
(f) Chairperson of the Philippine Commission on Women;
(g) A representative from the academe and scientific community;
(h) A representative from the business sector; and
(i) A representative from the NGOs: Provided, That the organizations of the
academe and scientific community, business and NGO representatives of the
PSF Board are disqualified from accessing the fund during their term, as set
by the Commission, and a year after their tenure in the PSF Board shall
have been terminated or completed. The said representatives shall be
identified nod designated as such by the Commission.”
“SEC. 22. Powers and Functions of the PSF Board. – The PSF Board, which
shall convene at least twice a year, shall have the following powers and
functions:
(a) Promulgate policies that will maintain the fiduciary character of the
Board;
(b) Provide overall strategic guidance in the management and use of the
fund including, but not limited to, the development of funding windows for
various adaptation activities, including counterpart funding arrangements,
and guidelines for project assessment, approval and evaluation;
(c) Develop social, financial and environmental safeguards to be used in
project implementation;
(d) Identify additional sources for the fund;
(e) Issue final approval of projects for the use of the fund;
(f) Adopt a conflict of interest policy to ensure that board members will not
vote on projects if they have a direct stake therein; and
(g) Ensure an independent third party evaluation and auditing of activities
supported by the fund, taking into consideration the principles of
transparency and accountability, and government accounting and auditing
roles and regulations.”
“SEC 23. Role of the Commission in the Utilization of the People’s Survival
Fund. – The Climate Change Office, headed by the Vice Chairperson of the
Commission, shall evaluate and review the project proposals, and, with the
concurrence and endorsement of a majority of the climate change
Commissioners appointed by the President, recommend approval of project
proposals to the PSF Board based on the policies, guidelines, and
safeguards, agreed by the PSF Board. The Commission shall utilize the
expertise of relevant government agencies in its advisory board and the
national panel of technical experts in the project appraisal, monitoring and
evaluation process. The Commission shall not be a project implementor.
The Commission shall formulate mechanisms that ensure transparency and
public access to information regarding funding deliberations and decisions.
The Commission shall develop guidelines to accredit local organizations
seeking to access the fund. Organizations will be accredited based on
criteria such as organizational independence, track record in the community
and/or field of expertise, financial management, and participatory
practices.”
“SEC. 24. Prioritization of Fund Allocation. – The Commission shall develop
criteria to prioritize use of the fund based on, but not. limited to, the
following:
(a) Level of risk and vulnerability to climate change;
(b) Participation of affected communities in the design of the project;
(c) Poverty reduction potential;
(d) Cost effectiveness and attainability of the proposal;
(e) Identification of potential co-benefits extending beyond LGU territory;
(f) Maximization of multi-sectoral or cross-sectoral benefits;
(g) Responsiveness to gender-differentiated vulnerabilities; and
(h) Availability of climate change adaptation action plan.”
“SEC. 25. Community Participation. – To ensure transparency and
participation of vulnerable and marginalized groups in the adaptation
projects to be supported by the fund, community representatives and/or
NGO counterparts may participate as observers in the project identification,
monitoring and evaluation process of the Commission.”
SEC. 14. The succeeding sections shall be renumbered accordingly.
SEC. 15. Separability Clause. – If, for any reason, any section or provision of
this Act is declared as unconstitutional or invalid, the other sections or
provisions hereof shall not be affected thereby.
SEC. 16. Repealing Clause. – All laws, ordinances, rules and regulations and
other issuances or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly.
SEC. 17. Effectivity Clause. – This Act shall take effect after fifteen (15) days
following its complete publication in at least two (2) national newspapers of
general circulation.

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 "the Convention",
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. "Conference of the Parties" means the Conference of the Parties to the
Convention.
2. "Convention" means the United Nations Framework Convention on
Climate Change, adopted in New York on 9 May 1992.
3. "Intergovernmental Panel on Climate Change" means the
Intergovernmental Panel on Climate Change established in 1988 jointly by
the World Meteorological Organization and the United Nations Environment
Programme.
4. "Montreal Protocol" 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. "Parties present and voting" means Parties present and casting an
affirmative or negative vote.
6. "Party" means, unless the context otherwise indicates, a Party to this
Protocol.
7. "Party included in Annex I" 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
1. 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) Research on, and promotion, development and increased use of, new
and renewable forms of energy, of carbon dioxide sequestration
technologies and of advanced and innovative environmentally sound
technologies;
(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
application of 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 emissions 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
1. 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 by 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 carbon stocks in each commitment
period, shall be used to meet the commitments under this Article of each
Party included in Annex I. The greenhouse gas emissions by 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 by sources and removals by sinks in the agricultural soils and
the land-use change and forestry categories shall be added to, or subtracted
from, the assigned amounts 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 an historical base year or period other
than 1990 for the implementation of its commitments under this Article. The
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
under this Article, a certain degree of flexibility shall be allowed by the
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 by sources minus removals by sinks 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 Article 21, paragraph 7. The
Protocol shall initiate the consideration of such commitments at least seven
years before the end of the first commitment period referred to in
paragraph 1 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 or of Article 17 shall be added to the assigned amount for the
acquiring 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 or of Article 17 shall be subtracted from the assigned amount for
the transferring 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 the acquiring Party.
13. If the emissions of a Party included in Annex I in 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
1. Any Parties included in Annex I that have reached an agreement to fulfil
their commitments under Article 3 jointly, 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 or approval of this Protocol, or accession thereto.
The secretariat shall in turn inform the Parties and signatories to the
Convention of the terms of the agreement.
3. Any such 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 alteration.
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 that
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 24, 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
1. 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 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
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 commitments under Article 3 in
respect of any commitment period adopted subsequent to that revision.
Article 6
1. 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; and
(d) The acquisition of emission reduction units shall be supplemental to
domestic actions for the purposes of meeting commitments under Article 3.
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 Article 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
1. 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 that Party. 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
Protocol, taking into account any timetable for the submission of national
communications decided upon by the Conference of the Parties.
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
1. 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
Protocol.
this Protocol shall adopt at its first session, and review periodically
thereafter, guidelines for the review of implementation of this Protocol by
expert review teams taking into account the relevant decisions of the
Conference of the Parties.
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 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
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
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 under 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 the
preparation of 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, in accordance with Article 7; 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 increases 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 the transfer of, and access to, 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 of, 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 under this
Article, to Article 4, paragraph 8, of the Convention.
Article 11
1. In the implementation of Article 10, Parties shall take into account the
provisions of Article 4, paragraphs 4, 5, 7, 8 and 9, of the Convention.
2. In the context of the implementation of Article 4, paragraph 1, of the
Convention, in accordance with the provisions of Article 4, paragraph 3, and
Article 11 of the Convention, and through the entity or entities entrusted
with the operation of the financial mechanism of the Convention, the
developed country Parties and other developed Parties included in Annex II
to the Convention shall:
(a) Provide new and additional financial resources to meet the agreed full
costs incurred by developing country Parties in advancing the
implementation of existing commitments under Article 4, paragraph 1(a), of
the Convention that are covered in Article 10, subparagraph (a); and
(b) Also provide such financial resources, including for the transfer of
technology, needed by the developing country Parties to meet the agreed
full incremental costs of advancing the implementation of existing
commitments under Article 4, paragraph 1, of the Convention that are
covered by Article 10 and that are agreed between a developing country
Party and the international entity or entities referred to in Article 11 of the
Convention, in accordance with that Article.
The implementation of these existing commitments shall take into account
the need for adequacy and predictability in the flow of funds and the
importance of appropriate burden sharing among developed country Parties.
The guidance to the entity or entities entrusted with the operation of the
financial mechanism of the Convention in relevant decisions of the
Conference of the Parties, including those agreed before the adoption of
this Protocol, shall apply mutatis mutandis to the provisions of this
paragraph.
3. The developed country Parties and other developed Parties in Annex II to
the Convention may also provide, and developing country Parties avail
themselves of, financial resources for the implementation of Article 10,
through bilateral, regional and other multilateral channels.
Article 12
1. A clean development mechanism is hereby defined.
2. The purpose of the clean development mechanism shall be to assist
Parties not included in Annex I in achieving sustainable development and in
contributing to the ultimate objective of the Convention, and to assist
Parties included in Annex I in achieving compliance with their quantified
emission limitation and reduction commitments under Article 3.

3. Under the clean development mechanism:
(a) Parties not included in Annex I will benefit from project activities
resulting in certified emission reductions; and
(b) Parties included in Annex I may use the certified emission reductions
accruing from such project activities to contribute to compliance with part of
their quantified emission limitation and reduction commitments under Article
3, as determined by the Conference of the Parties serving as the meeting of
the Parties to this Protocol.
4. The clean development mechanism shall be subject to the authority and
guidance of the Conference of the Parties serving as the meeting of the
Parties to this Protocol and be supervised by an executive board of the
clean development mechanism.
5. Emission reductions resulting from each project activity shall be certified
by operational entities to be designated by the Conference of the Parties
serving as the meeting of the Parties to this Protocol, on the basis of:
(a) Voluntary participation approved by each Party involved;
(b) Real, measurable, and long-term benefits related to the mitigation of
climate change; and
(c) Reductions in emissions that are additional to any that would occur in
the absence of the certified project activity.
6. The clean development mechanism shall assist in arranging funding of
certified project activities as necessary.
this Protocol shall, at its first session, elaborate modalities and procedures
with the objective of ensuring transparency, efficiency and accountability
through independent auditing and verification of project activities.
this Protocol shall ensure that a share of the proceeds from certified project
activities 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.
9. Participation under the clean development mechanism, including in
activities mentioned in paragraph 3(a) above and in the acquisition of
certified emission reductions, may involve private and/or public entities, and
is to be subject to whatever guidance may be provided by the executive
board of the clean development mechanism.
10. Certified emission reductions obtained during the period from the year
2000 up to the beginning of the first commitment period can be used to
assist in achieving compliance in the first commitment period.
Article 13
1. The Conference of the Parties, the supreme body of the Convention, shall
serve as the meeting of the Parties to this Protocol.
2. Parties to the Convention that are not Parties to this Protocol 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 Protocol. When
the Conference of the Parties serves as the meeting of the Parties to this
Protocol, decisions under this Protocol shall be taken only by those that are
Parties to this Protocol.
3. When the Conference of the Parties serves as the meeting of the Parties
to this Protocol, 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
Protocol, shall be replaced by an additional member to be elected by and
from amongst the Parties to this Protocol.
this Protocol shall keep under regular review the implementation of this
Protocol and shall make, within its mandate, the decisions necessary to
promote its effective implementation. It shall perform the functions assigned
to it by this Protocol and shall:
(a) Assess, on the basis of all information made available to it in accordance
with the provisions of this Protocol, the implementation of this Protocol by
the Parties, the overall effects of the measures taken pursuant to this
Protocol, in particular environmental, economic and social effects as well as
their cumulative impacts and the extent to which progress towards the
objective of the Convention is being achieved;
(b) Periodically examine the obligations of the Parties under this Protocol,
giving due consideration to any reviews required by Article 4, paragraph

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