Proposed
Revisions to the Note by the Chairman of the Contact
Group on Mechanisms of 5 November
Submission
by Australia, Canada, Iceland, Japan, New Zealand, Norway, Russian Federation,
Ukraine, and the United States
31 January, 2000
In the submission below we make a number of
suggestions for clarifying and condensing the text. We note that there are
likely to be areas where the text could be improved by moving paragraphs to
appendices. In instances where we have, or intend to, elaborate technical
appendices, for simplicity, we have not sought to include a position or option
in the main body of the Note. We intend to make further input to more fully
elaborate our position as the opportunity arises.
PART
TWO: Article 6 Projects
Para
29 Option 2 (a)—Given that paragraph 20 (g)
defines ePartyf, this sentence could be deleted.
Para
30—In the first line insert edomesticf after edevelopf and insert
eto augment international rulesf after guidancef.
Para
40—The contents of this paragraph should be included as an option in
paragraph 39.
Para
53—To reflect our position correctly, in the second sentence move the code
marker e4f from eparagraph
1f to immediately after eArticle 7f.
Para
58 (a)—This paragraph should be deleted because it is repeated in
paragraph 41 option 3.
Para
58 (b)—This paragraph should be deleted and merged into paragraph 35
option 2.
Para
58 (c)—This paragraph should be deleted because it is repeated in
paragraph 41 option 3.
Para
58 (d)—This paragraph should be moved into paragraph 35 option 2.
Para
59 (a)—This paragraph should be deleted because it is repeated in
paragraph 35 option 1.
Para
59 (b)—This paragraph should be deleted because it is repeated in
paragraph 30.
Para
59 (c)—This paragraph should be deleted because it is repeated in
paragraph 46.
Para
59 (d)—This paragraph should be deleted because it is repeated in
paragraph 53.
Para
63 (h)—This paragraph could be deleted since it is contained in the
paragraph that follows, 63 (i).
Para 66 (e)—All references to our submissions in this subparagraph should be deleted..
Para
69—This paragraph could be deleted since it is already contained in
paragraph 63 (i).
Para
71—It is unclear who is bound by several subparagraphs here.
For instance, in subparagraph (c) it states that private and/or public
entities are subject to guidance provided by the executive board—but it
does not specify what type of guidance will be provided, presumably it refers to
participation by entities. This requires clarification.
In subparagraph (d) and (e) is the Party or the entities meant to be
bound by these compliance subparagraphs. If
in subparagraph (e) it is linked to the entity and not the Party, it should be
deleted since compliance with the Protocol is the responsibility of the Parties
and not their entities.
We propose that Paras 71 to 73 be presented as two options. Option 1
would consist of the existing paragraphs (appropriately modified). Option 2
would be: eA Party may develop rules or guidance that are consistent with
rules established by the COP/moP and the Executive Board for the participation
in clean development mechanism project activities of that Party and of entities
resident in or operating in the jurisdiction of that Party.f
Para 76—Delete the code marker e4f after eOption 1f and
eOption 2f.
II.
Methodological and Operational Issues
Para
85—In subparagraph (a) delete the e, andf at the end. It is not clear whether subparagraphs (f) and (g) are needed
since they would be covered in the Appendix; therefore we suggest moving these
subparagraphs to the appendix.
In
subparagraph (c), the intent of our earlier comments was not to merge
subparagraphs (a) and (c) but to edit it to reflect what is contained in
paragraph 86. We suggest
subparagraphs (a) to (c) and (g) be edited as follows:
| (a) | It
is approved by each Party involved as indicated by a letter of
endorsement. A Party may
develop its own internal mechanisms and criteria for project approval
based on its domestic circumstances.
These mechanisms and criteria shall be made publicly accessible.
A Party may define priority sectors for the formulation of CDM
projects. (Sentences 2 – 4 are from paragraph 94.) |
| (b) | No changes |
| (c) | It contributes to the sustainable development priorities of the Party not included in Annex I as specified in paragraph 86. |
| (g) | Insert after elower emissionsf eor enhance removals by sinksf. |
Para 96 Option 2—Add brackets to this
option after the phrase eportfolio approachf through the end of the
paragraph.
Para
107—The options listed in this paragraph are not eproceduralf as the
chapeau would suggest.
Para
108 subparagraph (c)—This subparagraph should be deleted.
Participation by Parties is covered in section D. Participation.
Entities involved in the project will have to have established their
eligibility to participate under paragraph 85.
Paragraph 66 (e) contains some of the elements in the second part of the
subparagraph. However, since
proposals on participation in the CDM do not include all of the Articles listed
in this paragraph, it seems inconsistent to require this compliance for
certification of emissions reductions.
Para
109—Bracket the new insertion, [in light of the requirements of Article
12, paragraph 5], in option 1.
Para
110—Is linked to project validation/registration not
certification/issuance of CERs and should be moved to Section A.
Para
114—We would like to see original paragraph 67 not merged with paragraph
114 but listed separately as paragraph 114 bis and the words e in accordance
with procedures defined under Article 18f bracketed.
Para
115—A word seems to be missing in the second line after Article
3—commitments.
Para
116—Move paragraph 116 to 66bis to group it with other paragraphs on
participation.
G. Adaptation Assistance
—This section is linked to the
section on share of proceeds; therefore it should be moved to the appropriate
section and cross-references should be made.
For example, paragraph 78 establishes a CDM adaptation fund but no
mention of this is made in this section.
Para
117—The share of proceeds will be subject to the same additionality
requirements as the project activity since that is what it will be derived from;
therefore the second sentence in this paragraph can be deleted.
Para
123—Delete e[in accordance with Appendix D4]f from the
first line.
Para
123bis—This appears to be an option to paragraph 124.
Para
128 (e)—This subparagraph should be deleted.
Paragraph 71 (c) states that entities can participate subject to guidance
provided by the executive board. It
is also only one option for how participation of entities can be determined.
Para
131 (g)—It should be made clear that this is only one possible option of
how CERs would be issued. We
suggest adding a note that points to paragraph 140 for additional options of how
CERs could be issued.
Subparagraph
(i) should be bracketed since it is only an option, see paragraph 96, option 2,
and the outcome of this section will be dependent on how paragraph 96 is
resolved.
Subparagraph
(k) is already covered in both the share of proceeds section and in paragraph
127 (c). This subparagraph is
inconsistent with the other sections unless this is listed as an option to the
other two possibilities.
Subparagraph
(q) bis—as with subparagraph (k), this is dealt with in other sections of
the text on the CDM.
Para
132 (f)—this should be bracketed since it is an option, see paragraph 99,
option 2.
Para
133—reinsert the eaf at the end of the first line.
Para
144—This paragraph could be deleted because these functions are
essentially contained in paragraph 143.
Para
145—reinsert the eAf at the beginning of the sentence.
The
appendices G (Share of Proceeds) and H (Adaptation) may not be necessary because
these issues are not technical in nature and are already dealt with to some
extent in the main body of the text on the CDM (under the current paragraphs I.
E. and II. G, respectively). We are submitting proposed decision language on
these issues under separate cover.
Para
150—reinsert brackets around this paragraph.
Para
152 Option 2—place eor authorize any legal entity to participatef in
brackets.
Para
165 bis—Insert a new paragraph to reflect the contents of deleted
paragraph 153 to read as follows: eIf a Partyfs consistency with the
requirements of Article 17 is called into question [by the review process under
Article 8] [by other means], the issue will be expeditiously resolved [through a
general procedure applicable to the Protocol] [through a specialized procedure]4f.
Para
169—In the light of the insertion of Para 165 bis delete the bracketed
text and the attribution to us in Para 169.
Para
174—Insert our code (4) following eAppendix Cf.
Section C. Registries
Para 56—First sentence is redundant with paragraph 170 option 2, and should therefore be deleted here. Second sentence should be added as an option under paragraph 158 bis option 2.
Para 57—Put eand the prices of all transfers and acquisitionsf in brackets.
Paras 58, 59 and 60—Can be folded into Section D of the text as these paragraphs are general descriptions of the requirement to maintain registries. The last sentence of paragraph 60 can be moved to Section E on reporting.