Legal provisions of COM(2001)579 - Approval of the Kyoto Protocol to the UN Framework Convention on Climate Change and the joint fulfilment of commitments thereunder

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dossier COM(2001)579 - Approval of the Kyoto Protocol to the UN Framework Convention on Climate Change and the joint fulfilment of commitments ...
document COM(2001)579 EN
date April 25, 2002


Contents

Article 1

The Kyoto Protocol to the United Nations Framework Convention on Climate Change ("the Protocol") signed on 29 April 1998 in New York is hereby approved on behalf of the European Community.

The text of the Protocol is set out in Annex I.

Article 2

The European Community and its Member States shall fulfil their commitments under Article 3(1) of the Protocol jointly, in accordance with the provisions of Article 4 thereof, and with full regard to the provisions of Article 10 of the Treaty establishing the European Community.

The quantified emission limitation and reduction commitments agreed by the European Community and its Member States for the purpose of determining the respective emission levels allocated to each of them for the first quantified emission limitation and reduction commitment period, from 2008 to 2012, are set out in Annex II.

The European Community and its Member States shall take the necessary measures to comply with the emission levels set out in Annex II, as determined in accordance with Article 3 of this Decision.

Article 3

The Commission shall, at the latest by 31 December 2006 and in accordance with the procedure referred to in Article 4(2) of this Decision, determine the respective emission levels allocated to the European Community and to each Member State in terms of tonnes of carbon dioxide equivalent following the establishment of definitive base-year emission figures and on the basis of the quantified emission limitation or reduction commitments set out in Annex II, taking into account the methodologies for estimating anthropogenic emissions by sources and removals by sinks referred to in Article 5(2) of the Protocol and the modalities for the calculation of assigned amount pursuant to Article 3(7) and (8) of the Protocol.

The assigned amount of the European Community and of each Member State shall be equal to its respective emission level determined in accordance with this Article.

Article 4

1. The Commission shall be assisted by the committee instituted by Article 8 of Decision 93/389/EEC.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.

Article 5

1. The President of the Council is hereby authorised to designate the person or persons empowered to notify, on behalf of the European Community, this Decision to the Secretariat of the United Nations Framework Convention on Climate Change in accordance with Article 4(2) of the Protocol.

2. The President of the Council is hereby authorised to designate the person or persons empowered to deposit, on the same date as the notification referred to in paragraph 1, the instrument of approval with the Secretary-General of the United Nations in accordance with Article 24(1) of the Protocol, in order to express the consent of the Community to be bound.

3. The President of the Council is hereby authorised to designate the person or persons empowered to deposit, on the same date as the notification referred to in paragraph 1, the declaration of competence set out in Annex III, according to the provisions of Article 24(3) of the Protocol.

Article 6

1. When depositing their instruments of ratification or approval of the Protocol, Member States shall notify, at the same time and on their own behalf, this Decision to the Secretariat of the United Nations Framework Convention on Climate Change in accordance with Article 4(2) of the Protocol.

2. Member States shall endeavour to take the necessary steps with a view to depositing their instruments of ratification or approval simultaneously with those of the European Community and the other Member States and as far as possible not later than 1 June 2002.

3. Member States shall inform the Commission not later than 1 April 2002 of their decisions to ratify or to approve the Protocol or, according to the circumstances, of the probable date of completion of the requisite procedures. The Commission shall, in cooperation with the Member States, arrange a date for depositing the instruments of ratification or approval simultaneously.

Article 7

This Decision is addressed to the Member States.