Copenhagen Tax

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DRAFT 271109

Decision 1/CP.15
(Decision 1/CMP.5 in separate document)

Adoption of
The Copenhagen Agreement
Under the United Nations Framework Convention on Climate Change

The Conference of the Parties,

Pursuant to the Bali Road Map adopted by the Conference of the Parties at its thirteenth session,

Acknowledging and building on the work by the Ad Hoc Working Group on Long-Term
Cooperative Action under the Convention and the Ad Hoc Working Group on Further
Commitments for Annex I Parties under the Kyoto Protocol,

Sharing a commitment to take immediate and enhanced national action under the Convention in
pursuit of its ultimate objective, and in accordance with its principles and commitments
including the principle of common but differentiated responsibilities and respective capabilities,

Seeking at the same time to move ahead promptly to take action related to address climate change,

Believing it imperative that the Parties continue to work together constructively to strengthen the
world’s ability to combat climate change,

Affirming the need to continue negotiations pursuant to decisions taken at COP13 and COP15, with
a view to agreeing on a comprehensive legal framework under the Convention no later than
COPXX

Decides to adopt this political agreement (hereinafter “the Copenhagen Agreement”), which will
become effective immediately.
The Copenhagen Agreement
1. The Parties to the United Nations Framework Convention on Climate Change (hereinafter
“the Parties”) seek to further the implementation of the Convention in a manner that pursues
its ultimate objective as stated in its Article 2, that recalls its provisions, and that is guided by
the principles in Article 3.

I. A Shared Vision for Long-Term Cooperative Action


2. The Parties underline that climate change is one of the greatest challenges of our time and
commit to a vigorous response through immediate ambitious national action and strengthened
international cooperation with a view to limit global average temperature rise to a maximum
of 2 degrees above pre-industrial levels. The Parties are convinced of the need to address
climate change bearing in mind that social and economic development and poverty eradication
are the first and overriding priorities in developing countries. The Parties note that the largest
share of historical global emissions of greenhouse gases originates in developed countries, and
that per capita emissions in many developing countries are still relatively low. The Parties
recognize the urgency of addressing the need for enhanced action on adaptation to climate
change. They are equally convinced that moving to a low-emission economy is an opportunity
to promote continued economic growth and sustainable development in all countries
recognizing that gender equality is essential in achieving sustainable development. In this
regard, the Parties:

- Commit to take action to mitigate climate change based on their common but
differentiated responsibilities and respective capabilities,
- Commit to take action on adaptation including international support assisting the poorest
and most vulnerable countries,
- Commit to strengthen the international architecture for the provision of substantially
increased finance for climate efforts in developing countries,
- Commit to establish a technology mechanism to promote the development, transfer and
deployment of environmentally sustainable technologies in support of mitigation and
adaptation efforts.

Welcoming the significance of the commitments on all Bali Building blocks reflected in this
Agreement, the Parties emphasize the need for full implementation, both domestically and
internationally, take note of the additional efforts being taken, and planned, by the Parties,
such as cooperative efforts regarding transformational and other technologies; and encourage
each other to take appropriate additional steps.

3. Recalling the ultimate objective of the Convention, the Parties stress the urgency of action on
both mitigation and adaptation and recognize the scientific view that the increase in global
average temperature above pre-industrial levels ought not to exceed 2 degrees C. In this
regard, the Parties:
- Support the goal of a peak of global emissions as soon as possible, but no later than
[2020], acknowledging that developed countries collectively have peaked and that the
timeframe for peaking will be longer in developing countries,
- Support the goal of a reduction of global annual emissions in 2050 by at least 50 percent
versus 1990 annual emissions, equivalent to at least 58 percent versus 2005 annual
emissions. The Parties contributions towards the goal should take into account common
but different responsibility and respective capabilities and a long term convergence of
per capita emissions.

II. Adaptation
4. The adverse effects of climate change are already taking place and are posing a serious threat
to the social and economic development of all countries. This is particularly true in the most
vulnerable developing countries, which will be disproportionally affected. The adverse impact
of climate change will constitute an additional burden on developing countries´ efforts to
reduce poverty, to attain sustainable development and to achieve the United Nations
Millennium Development Goals. Both adaptation and mitigation efforts are fundamental to
the fight against climate change. Adaptation must include action to reduce risk and
vulnerability, taking into account gender equality, and build resilience in order to reduce the
threats, loss and damages to livelihoods and ecosystems from disasters caused by extreme
weather events and from slow-onset events caused by gradual climate change. Recognizing
that the impact of climate change will differ according to regional and national circumstances,
planning and implementation of adaptation actions must be considered in the context of the
social, economic and environmental policies of each country. Adaptation action at national
level will be a country driven process taking into account national development priorities and
plans.

5. In this regard, the Parties endorse the adaptation framework in decision X4/CP.15 with the
objective of reducing vulnerability and building resilience to present and future effects of
climate change through national action and international cooperation. This includes the
provision of finance, technology and capacity building in the immediate, medium and long-
term. Support should be provided with priority for the poorest and most vulnerable countries.
In the context of this Framework institutional arrangements will be established over time to
support Parties’ actions and provide technical assistance including for risk reduction and
provide financial risk transfer such as insurance. Further, this will include a system to ensure
mutual accountability with monitoring, review and assessment of support and actions and
share lessons learned. A share of fast-start financing comprising [$X] for 2010-12 will be
provided through existing channels, including the Adaptation Fund, to implement actions
identified in National Adaptation Programmes of Action and other urgent needs and to build
capacity for further planning.

III. Mitigation
6. The shared vision limiting global average temperature rise to a maximum of 2 degrees above
pre-industrial levels is addressed by nationally appropriate mitigation contributions to be
carried out by the Parties consistent with the principle of common but differentiated
responsibilities and respective capabilities and with developed countries taking the lead.

Developed Countries nationally appropriate mitigation commitments and actions


7. The developed country Parties commit to individual national economy wide targets for 2020.
The targets in Attachment A would expect to yield aggregate emissions reductions by X1
percent by 2020 versus 1990 (X2 percent vs. 2005). The purchase of international offset
credits will play a supplementary role to domestic action. The developed country Parties
support a goal to reduce their emissions of greenhouse gases in aggregate by 80% or more by
2050 versus 1990 (X3 percent versus 2005).

8. Attachment A reflects the individual economy-wide targets, including quantified emission


limitation and reduction objectives by all the developed country Parties.

Developing countries nationally appropriate mitigation actions


9. The developing country Parties, except the least developed countries which may contribute at
their own discretion, commit to nationally appropriate mitigation actions, including actions
supported and enabled by technology, financing and capacity-building. The developing
countries’ individual mitigation action could in aggregate yield a [Y percent] deviation in
[2020] from business as usual and yielding their collective emissions peak before [20XX] and
decline thereafter.

10. Attachment B reflects individual commitments to nationally appropriate mitigation actions by


developing country Parties. Developing country parties which have not reflected their
contributions at COP15 should do so before [XX], except least developed countries. A
developing country Party may subsequently amend its national contribution to register
additional national appropriate mitigation actions which increase its overall mitigation
outcome.

11. A Registry in the form of a database under UNFCCC is established in order to enable the
international recognition of developing country mitigation action. The Registry shall include
supported mitigation actions that meet agreed MRV specifications and unsupported actions
that are subject to national MRV based on internationally agreed guidelines and a consultative
review under UNFCCC. Developing countries commit to inscribe supported nationally
appropriate mitigation actions in the Registry and indicate the expected emissions outcomes.
Unsupported action shall, except for the least developed countries which may do so at their
own discretion, be inscribed via the National Communications and can be inscribed directly in
the Registry beforehand on a voluntary basis.

Reducing emissions from deforestation and forest degradation


12. Reducing emissions from deforestation and forest degradation is an important aspect of the
necessary response to climate change. Developing countries should contribute to enhanced
mitigation actions through reducing emissions from deforestation and forest degradation,
maintaining existing and enhancing carbon stocks, and enhancing removals by increasing
forest cover. Parties underline the importance of enhanced and sustained financial resources
and positive incentives for developing countries to, through a series of phases, build capacity
and undertake actions that result in measurable, reportable and verifiable greenhouse gas
emission reductions and removal and changes in forest carbon stocks in relation to reference
emission levels. Parties collectively endorse the framework in Decision X/CP.15, with the aim
of stabilizing forest cover in developing countries by [X] and reducing gross deforestation in
developing countries by at least [XX]% by [2020] compared to current levels.

Bunkers
13. An effective mitigation response includes reduction of emissions from international bunker
fuels. The Parties therefore commit to set and implement a global emission reduction target
for international shipping equal to [x]% in 2020 compared to [2005] and a global emission
reduction target for international aviation equal to [y]% in 2020 compared to [2005]. The
Parties shall work through the International Maritime Organization and the International Civil
Aviation Organization to take this issue forward and secure a timely implementation of
actions needed,

Carbon markets
14. An effective mitigation response requires a well functioning carbon market. Carbon markets
have the potential to deliver significant mutual benefits to developed and developing countries
in terms of both on-the-ground investment and environmental and energy security co-benefits.
The Parties will work towards an effective and orderly transition from project based to more
comprehensive approaches. They will also improve the existing project based carbon market
mechanism in order to ensure the environmental integrity and further underpin a broad and
liquid carbon market. [In this regard, the Parties endorse decision X3/CP.15 and X2/CMP.5.]

National policies
15. The Parties commit to further integrate low-emission development policies into national
planning. The Parties commit to rationalize and phase out over the medium term inefficient
fossil fuel subsidies that encourage wasteful consumption. As we do that, we recognize the
importance of providing those in need with the ability to purchase essential energy services,
including through the use of targeted cash transfers and other appropriate mechanisms. In
addition, the Parties commit to work towards adopting domestic policies aiming at payment
for actual consumption of energy. Furthermore, transparency concerning consumption and
cost of energy should be increased.

Response measures
16. Parties decide that countries must strive to implement policies and measures in such a way as
to minimize adverse social, environmental and economic impacts on developing country
Parties taking fully into account all relevant articles of the Convention and as set forth in
decision in X/CP.15. Parties further decide that action relating to response measures should be
handled in a structured manner, in accordance with the Convention recognizing the needs of
developing country Parties and as set forth in decision X/CP.15.

IV. Technology
17. The international community can only be fully successful in addressing climate change if it is
able to effectively develop, diffuse and deploy existing climate friendly technologies and
rapidly innovate new and transformational climate-friendly technologies. This will require a
combination of efforts, including substantially increased public and private sector investment
in RD&D, enhanced international cooperation and transfers, the removal of barriers, increased
incentives to promote the development and dissemination of environmentally sustainable
technologies, elaboration of global technology roadmaps, information sharing on best
practices, and greater capacity-building efforts to promote the development and deployment of
environmentally sustainable technologies in support of mitigation and adaptation efforts.

18. Parties commit to enable the accelerated large-scale development, transfer and deployment of
environmentally sound and climate friendly technologies across all stages of the technology
cycle, respecting IPR regimes including protecting the legitimate interests of public and
private innovators. Developed country parties commit to work towards doubling aggregate
public investments in climate related research, development and demonstration by 2015 from
current levels and quadrupling the efforts by 2020. Parties stress the need for up front finance
for inter alia technology capacity building, joint research and development and demonstration
projects. Parties endorse the “Technology Mechanism” set forth in decision X5/CP15,
containing a technology objective, a UNFCCC technology body, the development of
technology action plans, the establishment of six Climate Technology Innovation Centres in
developing countries, support to joint RD&D efforts between developed and developing
countries, and technology support to nationally appropriate mitigation actions, and adaptation
activities, by developing country Parties.

V. Financial resources and investments to support actions on mitigation, adaptation, capacity-


building and technology cooperation
19. Substantially scaled up financial resources will be needed to address mitigation, adaptation,
technology and capacity building. It is essential to strengthen the international financial
architecture for assisting the developing countries in dealing with climate change and to
improve access to financial support. Resources will derive from multiple sources and flow
through multiple bilateral and multilateral channels.

20. The Parties share the view that the strengthened financial architecture should be able to handle
gradually scaled up international public support. International public finance support to
developing countries [should/shall] reach the order of [X] billion USD in 2020 on the basis of
appropriate increases in mitigation and adaptation efforts by developing countries.

21. The Parties confirm climate financing committed under this agreement as new and additional
resources that supplement existing international public financial flows otherwise available for
developing countries in support of poverty alleviation and the continued progress towards the
Millennium Development Goals. In this regard:
- Developed country parties commit to deliver upfront public financing for 2010-201[2]
corresponding on average to [10] billion USD annually for early action, capacity
building, technology and strengthening adaptation and mitigation readiness in developing
countries as set forth in Attachment C;
- From [2013] The Parties commit to regularly review appropriateness of contributions
and the circle of contributors against indicators of fairness based on GDP and emissions
levels and taking into account the level of development as set forth in Attachment C.

22. Recalling article 4 of the Convention, Parties decide that a Climate Fund be established as an
operating entity of the Financial Mechanism of the Convention, which should function under
the guidance of and be accountable to the COP as set forth in article 11 of the Convention.
The Fund should be operated by a board with balanced representation, which will develop the
operational guidelines for the Fund and decide on specific allocation to programmes and
projects. The COP will formally elect members of the Fund Board and endorse the
operational guidelines and modalities for the Fund. The Fund should complement and
maximise global efforts to fight climate change through up-scaled support for climate efforts
in the developing countries, including mitigation, adaptation, technology and capacity-
building. Support from the Fund may be channeled through multilateral institutions or directly
to national entities based on agreed criteria. Parties commit to allocate an initial amount of
[$x] to the Fund as part of their international public climate support. Medium term funding
should be based on a share of no less than [y%] of the overall international public support.
Parties decide to operationalise the work of the Fund following the modalities set forth in
annex/decision [Y].

23. In the context of the commitment in paragraph [14] Parties commit to global financing
contributions from international aviation and international maritime transport generated
through instruments developed and implemented by the ICAO and IMO respectively should
be channeled through the Climate Fund from [2013], [mainly for adaption purposes], taking
into account the principle of common but differentiated responsibility.

24. To enhance transparency and overview The Parties decide to establish an International
Climate Financing Board under the UNFCCC to monitor and review international financing
for climate action and in this context identify any gaps and imbalances in the international
financing for mitigation and adaptation actions that may arise. The Board will consist of [x]
representatives from developed countries and [y] representatives from developing countries.
[Z] Representatives from international institutions will participate in the Board as permanent
observers. Decision making will be by consensus. [If all efforts to reach a compromise have
been exhausted and no agreement has been reached, decisions shall be taken by a two-thirds
majority]. The UNFCCC Secretariat will serve as secretariat for the International Climate
Financing Board. Parties endorse the further guidelines as set out in attachment D and
decision X7/CP.15.

25. [Placeholder for facilitative matching mechanism]

VI: Measurement, Reporting and Verification and improved National Communications


26. The Parties commit to robust measurement, reporting and verification (MRV) of the
commitments undertaken in this Agreement and to review global progress in addressing
climate change. The Parties endorse the further guidelines as set out in decision X7/CP.15.

Measurement, Reporting and Verification for developed countries


27. In order to promote transparency and accountability the developed country Parties will report
on the implementation of their individual mitigation commitments or actions in Annex A,
including methodologies and assumptions used. The implementation of the respective
mitigation contributions and the related reductions are subject to international measurement,
reporting and verification and each developed country Party is to report on emission
reductions achieved in relation to targets in Attachment A utilising a common methodology.
Finance, technology and capacity building for developing countries actions are subject to
robust MRV. Provision of international public climate financing should be verified in
conjunction with the MRV of supported action and according to international guidelines.
Measurement, Reporting and Verification for developing countries
28. In order to promote transparency and accountability the developing country Parties will report
on the implementation of their individual mitigation actions and emission outcomes achieved
in relation to their estimates in Attachment B. The supported mitigation actions and the related
reductions are subject to robust MRV. MRV of supported actions must verify that financing as
well as action is delivering in full towards commitments. Implementation of developing
country mitigation actions that are not externally supported will be subject to national MRV
based on international agreed guidelines and a consultative review under UNFCCC.
The Registry
29. Parties decide to establish a Registry that will be managed and operated independently by a
professional secretariat which shall perform its tasks to the highest standards of
professionalism and objectivity. The secretariat shall further prepare and propose the
accounting standards for MRV of specific mitigation action and of financing. [further tasks]

Improved National Communications


30. Noting that low-emission development is indispensable to sustainable development and
recognizing that development strategies and priorities are sovereign national decisions, the
Parties decide to strengthen the reporting regime and to enhance the forward looking aspects
in the National Communication by including mitigation plans. The Parties decide

- That Parties are to provide their greenhouse gas inventories on an annual basis with the
exception that the developing countries can provide updates on a biannual basis and the
least developed country Parties on a triennial basis;
- National Communications should be provided every 2 years. The Parties endorse the
further guidelines as set out in decision X1/CP.15.
- To include a forward looking mitigation plan would help frame actions planned in the
near- and medium- term (2020) in the context of longer-term goals (2050). The plans
should describe countries’ current mitigation and energy policy frameworks including
regulation and pricing and mitigation potential. For developing countries, these plans
will help facilitate access to support for mitigation actions anchored in the plans. The
Parties, except the least developed countries which may contribute at their own
discretion, are invited to put forward National Communication including forward looking
plans as early as possible and [before 31 May 2011] in accordance with revised national
communication principles and procedures in [Attachment X]/[Decision X/CP.15]. The
plans will be updated every 2 year.
- The Parties will report, as applicable, on support received and support provided to
developing countries for their actions in National Communications. A comprehensive set
of statistics for climate change finance will be established enabling transparent
monitoring of both provision of finance and supported climate actions. Financial flows
from the international carbon market should be monitored and recognized separately.
- To enhance and expand the scope of the review of inventories and National
Communications a consultation procedure is established under the SBI. The Parties
undertake such consultations on the basis of input prepared by a newly established
Expert group on National Communications that consider National Communications,
including countries’ forward looking plans.

VII: The Copenhagen Process


31. The Parties underline their commitment to immediate action pursuant to this Agreement.
Furthermore, the Parties:
- Decide to continue negotiations pursuant to decisions taken at COP13 and COP15, with a
view to agreeing on a comprehensive legal framework under the Convention no later
than COPXX
- Decide on a review of commitments and actions under the Convention to be started in
2014 and completed in 2015 with a view of enhancing commitments and actions on
mitigation and adaptation, and climate finance to achieve the Convention’s ultimate
objective and paragraph 2 and 3 above taking into account the conclusions of the Fifth
Assessment Report of IPCC.
- Will keep track of overall efforts with a view to ensure full transparency and allow The
Parties to strengthen their collective commitments and efforts if necessary to deliver in
full towards addressing the climate challenge.

32. The Parties commit to work together in international organizations, including international
financial institutions, to further integrate climate aspects in their activities, including country
reviews.
ATTACHMENT A

NATIONAL MITIGATION CONTRIBUTIONS

NAME OF COUNTRY [developed countries]

National Emissions Trajectory towards 2050

For example, reduce emissions to at least X per cent below X levels by 20XX, with milestones
specified

National Contribution: Mitigation in 2020

Brief Description Emissions outcomes, including baseline and


timeframe

Economy wide quantified emission reduction! X per cent reduction on 1990/2005 levels by 2020
target in the form of QELROs

Quantified emission limitation and reduction X per cent reduction on 1990/2005 levels by 2025
objective pursuant to or to be effected by
domestic law and regulatory authority.
A maximum of X per cent being achieved
with REDD credits included
Use of carbon offsets
A maximum of Y per cent being achieved without
REDD credits included

Contributing to economy wide target

Policies and measures contributing to


economy wide target if desired

Eg Renewable energy target

Eg Regulation on land clearing


ATTACHMENT B

NATIONAL MITIGATION CONTRIBUTIONS

NAME OF COUNTRY: [developing country minus least developing countries]

National Emissions Ambition

For example, specific milestones towards peaking and reverse emissions

National Contribution: Mitigation in 2020

Brief Description Emissions outcomes expected, including baseline


and timeframe

Eg Forest reference level Eg X Mt CO2 eq relative to a base year of XXXX by


20XX or defined business as usual of X Mt CO2 eq

Eg Renewable energy target Eg X Mt CO2 eq relative to a base year of XXXX by


20XX or defined business as usual of X Mt CO2 eq

Eg Regulations on land clearing Eg X Mt CO2 eq relative to a base year of XXXX by


20XX or defined business as usual of X Mt CO2 eq

Eg X hectares of clearing avoided.


Eg Emissions / carbon / energy intensity
target Eg X percent relative to a base year of XXXX by
20XX or defined business as usual of X Mt CO2 eq

Eg X percent energy intensity improvement is


implemented

Additional Mitigation Receiving Support

Brief description Emissions outcomes Total costs International support


expected, including (all sources) ( component of total)
baseline and timeframe
Eg New Building Code: Eg X Mt CO2 eq $X $X
minimum energy efficiency reduction relative to
for new constructions business as usual of X Mt
CO2 eq or base year of
XXXX by 20XX
ATTACHMENT C:

FAST START FINANCE

Country National Contribution for 2010-2012


Listing of countries in alphabetical order $X

Total pledge [30]


Annexes:

- Attachment A: Mitigation Contributions by developed countries


- Attachment B: Mitigation Contributions by developing countries
- Attachment C: Upfront public financing pledging [and contribution key ]
- Attachment D: Governance and MRV

CP Decisions
- X1/CP.15: Principles for enhanced national communications
- X2/CP.15: “REDD plus” framework
- [X3/CP.15: Improved market mechanisms]
- X4/CP.15: Adaptation Framework
- X5/CP.15: Elements of “Technology mechanism”
- X6/CP.15: Function and governance of Climate Fund
- X7/CP.15: Attachment E: Principles for amending attachment A+B

CMP decisions
- X/CMP.5: improvements of existing flexible mechanisms
- X/CMP.5: Rules for LULUCF
- Etc.

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