texts

Draft Agreement 4 December 2015

*This is the first draft agreement and draft decision on workstreams 1 and 2 of the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP). It marked the final session of the ADP, whose objective was to develop a protocol to be adopted at the twenty-first session of the COP, which would then put it into effect from 2020.

Draft agreement and draft decision on workstreams 1 and 2 of the Ad Hoc Working Group on the Durban Platform for Enhanced Action

Preamble

The Parties to this Agreement,

Being Parties to the United Nations Framework Convention on Climate Change (hereinafter referred to as “the Convention”),

In pursuit of the objective of the Convention, [and being guided by its principles [and provisions], including the principle of equity and common but differentiated responsibilities and respective capabilities, [in the light of different national circumstances],]

Pursuant to the Durban Platform for Enhanced Action adopted by decision 1/CP.17 of the Conference of the Parties to the Convention at its seventeenth session,

Recognizing the intrinsic relationship between climate change, poverty eradication and [equitable access to] sustainable development, [reaffirming that responses to climate change shall [aim to avoid the adverse impacts of response measures, and] promote [social and economic development in harmony with nature][sustainable development]],]

Taking account of the specific needs [and special circumstances] of [developing country] Parties, [in accordance with the Convention] [and especially those that are particularly vulnerable][to climate related events,][including mountainous developing states],

[Taking account also of the [different and additional] specific needs and special [situations] [circumstances ] of [least developed country (LDC) Parties in accordance with Article 4, paragraph 9 of the Convention and specific circumstances of] small island developing States (SIDS) [and least developed country (LDC) Parties],] [Africa] [and the Central American Isthmus],

Emphasizing the need to respond to the urgent threat of climate change on the basis of the [best available] [reliable] scientific knowledge, in particular, the assessment reports of the Intergovernmental Panel on Climate Change,

Recognizing the outcomes of the 2013–2015 review, [including the report on the structured expert dialogue on the review,]

[Noting that the largest share of historical global emissions of greenhouse gases has originated in developed countries, that per capita emissions in developing countries are still relatively low and that the share of global emissions originating in developing countries will grow to meet their social and development needs,]

Recognizing that Parties should take action to address climate change in accordance with [[relevant][evolving economic and emission] trends, which will continue to evolve post-2020] [and the principles and provisions of the Convention],

[Emphasizing the importance of promoting, protecting and respecting all human rights, including [to promote sustainable][the right to] development, and] [the right to health,] the rights of indigenous peoples, [climate induced] migrants [refugees and internally displaced peoples], children, persons with disabilities and people in vulnerable situations [and under occupation] [with due respect to sovereignty and territorial integrity of states], as well as promoting health, gender equality and the empowerment of women, while taking into account the needs of local communities, intergenerational equity concerns, and [the integrity of [ecosystems and] Mother Earth], when taking action to address climate change,]

Taking into account the imperatives of equitable access to sustainable development, and a just transition of the workforce and the creation of decent work and quality jobs in accordance with nationally defined development priorities.

Recognizing the critical importance [and [fundamental] priority] of safeguarding food security and ending hunger [consistent with the 2030 UN sustainable development agenda] [and the special characteristics of food and land]

[Recognizing also the [special characteristics and] [critical] importance of the conservation and enhancement[, as appropriate,] of sinks and reservoirs of greenhouse gases, [including [forests] [, oceans] [, ecological biomes] and other ecosystems, including through [landscape restoration] [REDD-plus, the Joint Mitigation and Adaptation approach for the integral and sustainable management of forests]] [, conservation of biodiversity], and the related benefits [for achieving the ultimate objective of the Convention], as well as the multiple social and environmental objectives of Parties [when managing their lands],]]

Affirming the importance of education, training, public awareness, public participation, public access to information and cooperation [on climate change] at all levels on the matters addressed in this Agreement, and recognizing the [important] role of [subnational and local authorities as well as [non state actors and the private sector]] [a multiplicity of] [different] actors,

[Acknowledging that putting a price on carbon is an important approach for cost-effectiveness of the cuts in global greenhouse gas emissions,]

Have agreed as follows:

Article 1 (definitions)

For the purposes of this Agreement, all definitions contained in Article 1 of the Convention apply. In addition:

  1. “Parties present and voting” means Parties present and casting an affirmative or negative vote;
  2. “Party” means a Party to this Agreement;
  3. “CMA” means the Conference of the Parties serving as the meeting of the Parties to this [Agreement];
  4. [Placeholder for “countries in need of support”;]
  5. [Climate forcers: compounds or group of compounds that contribute to climate change. This contribution can be measured through their radiative forcing (expressed in W/m2). They are well-mixed and near-term greenhouse gases, aerosols, or particles;]
  6. [“Emission reductions” means the sum of all reduced emissions and increased carbon stocks;]
  7. [“REDD-plus” means a mechanism aimed at reducing emissions from deforestation and forest degradation and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries, which is based on the Warsaw Framework for REDD-plus and relevant decisions of the [Conference of the Parties];]
  8. [“JMA” means a mechanism for the implementation of joint mitigation and adaptation actions for the integral and sustainable management of forests alternative to REDD-plus and to results-based payments;]
  9. [“Developed country Party” means a developed country Party [under the Convention] [within the meaning of this Agreement] [under the UN system];]
  10. [“Developing country Party” means a developing country Party [under the Convention] [within the meaning of this Agreement] [under the UN system];]
  11. [Placeholder for “climate finance”];
  12. [“Conference of the Parties” means the Conference of the Parties to the Convention;]
  13. [“Convention” means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992;]
  14. [“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;]

[Further definitions may be required at a later stage in the negotiating process.]

Article 2 (purpose)

Option 1:

  1. The purpose of this Agreement is [to enhance the implementation of the Convention [and] [to achieve objective of the Convention as stated in its Article 2]. [In order to strengthen [and support] the global response to the urgent threat of climate change,[Parties [agree to] to take urgent action and enhance [cooperation][and][concomitant][support]] so as to:]

    1. Hold the increase in the global average temperature [below 1.5 °C] [or] [well] [below 2 °C] above preindustrial levels by ensuring deep cuts in global greenhouse gas [net] emissions;
    2. Increase their ability to adapt to the adverse impacts of climate change [and to effectively respond to the impacts of the implementation of response measures and to loss and damage].
    3. [Pursue [a [global] transformation] [tractable shift] [pathways] towards [a low [carbon] [GHG emissions] and climate resilient societies] [sustainable development], to foster societies that are resilient to climate change and economies with low greenhouse gas emissions [and to ensure that food production and distribution are not threatened;]

  2. This Agreement shall be implemented on the basis of equity and science, and in accordance with the principle of [equity and] common but differentiated responsibilities and respective capabilities, [in the light of different national circumstances,] [the principles and provisions of the Convention], while ensuring the integrity and resilience of natural ecosystems, [the integrity of Mother Earth, the protection of health, a just transition of the workforce and creation of decent work and quality jobs in accordance with nationally defined development priorities] and the respect, protection, promotion and fulfilment of human rights for all, including indigenous peoples, including the right to health and sustainable development, [including the right of people under occupation] and to ensure gender equality and the full and equal participation of women, [and intergenerational equity].

Option 2: No text

Article 2bis (general)

Option 1:

  1. [All Parties [shall] regularly prepare, communicate [and implement] [intended] nationally determined [contributions][components] [on [mitigation] and adaptation] [undertakings in adaptation planning] [and means of implementation]* [towards achieving the [purpose of this Agreement as set out in Article 2] [objective of the Convention as set out in its Article 2],] [in accordance with Article 4 of the Convention] [in accordance with the provisions of this Agreement including the specific provisions related to mitigation and adaptation and means of implementation.]]
  2. [Each Party’s [intended] nationally determined contribution will represent a progression in the light of Parties’ differentiated responsibilities and commitments under the Convention.]
  3. [The extent to which developing country Parties will effectively implement this Agreement will depend on the effective implementation by developed country Parties of their commitments on the provision of finance, technology development and transfer and capacity-building.]
  4. [Successive [intended] nationally determined contributions will be [informed by the result of the global stocktake as defined in Article 10] and communicated before the expiry of the previous [intended] nationally determined contribution by the Party concerned.]

* without prejudice to the terminology to be used to describe Parties’ commitments, undertakings and efforts under the Paris Agreement

Option 2:

No text

Article 3 (mitigation)

  1. Collective long-term goal

    [Parties [collectively][cooperatively] aim to reach the global temperature goal referred to in Article 2 through:

    1. [a peaking of global greenhouse gas emissions as soon as possible[, recognizing that peaking requires deeper cuts of emissions of developed countries and will be longer for developing countries]]
    2. [rapid reductions thereafter [in accordance with best available science] to at least a X [-Y] per cent reduction in global [greenhouse gas emissions][CO2[e]] compared to 20XX levels by 2050]];
    3. [achieving zero global GHG emissions by 2060-2080]
    4. [a long-term low emissions transformation] [toward [climate neutrality][decarbonization] [over the course of this century] [as soon as possible after mid-century];
    5. [equitable distribution of a global carbon budget based on historical responsibilities and [climate] justice] [on the basis of equity and common but differentiated responsibilities and respective capabilities] [in the context of sustainable development and eradication of poverty][while ensuring that food security, production and distribution is not threatened][informed by the best available science].

    1bis. [To achieve this, policies and measures should take into account different socio-economic contexts, be comprehensive, cover all relevant sources, sinks and reservoirs of greenhouse gases and adaptation, and comprise all economic sectors [for developed countries]]

  2. Individual efforts

    Each Party shall regularly prepare, communicate [and maintain] [successive] [NDMCs[^1]][INDC] and [shall][should][other] [take appropriate domestic measures] [have in place][identify and] [pursue] [implement] [domestic laws, [nationally determined] policies or other measures] [designed to] [implement][achieve][carry out][that support the implementation of] its [NDMCs*][INDC]].

    [Placeholder for article 3.8 and 3.9] [Placeholder for context CBDRCC[, in the light of different national circumstances]] [Placeholder referring to article 4 of the Convention] [Placeholder for support]

  3. Differentiated efforts

    Option 1:

    In accordance with Article 4, paragraph 2, of the Convention, developed country Parties and other Parties included in Annex I shall undertake quantified economy-wide absolute emission reduction and limitation commitments/targets, which are comparable, measurable, reportable and verifiable, cover all greenhouse gases and are implemented domestically without any conditions.

    3bis. In accordance with Article 4, paragraphs 1, 3, 4, 5 and 7, of the Convention, developing country Parties should undertake diversified enhanced mitigation actions/efforts in a measurable, reportable, and verifiable manner, in the context of sustainable development and supported and enabled by the provision of adequate finance, technology and capacity-building by developed country Parties.

    Option 2:

    Option (a): Each Party that has previously [communicated] [implemented] absolute economy-wide emissions reduction or limitation targets should continue to do so and all Parties should aim to do so over time.

    Option (b): Developed country Parties [and other Parties [in a position][that determine] to do so] should take the lead in mitigation efforts, including by [communicating] [and implementing] absolute economy-wide emissions reduction [or limitation] targets and all other Parties should aim to do so over time.

    3bis [Developed country Parties should continue to take the lead].1

  4. Flexibility LDCs [and SIDS][and African states] may communicate their [NDMC*][INDC] at their discretion, including information on strategies, plans and actions for low GHG development, reflecting their special circumstances.

  5. Progression/ambition Each Party’s successive [NDMC*][INDC] [shall][should][will] represent a progression beyond the Party’s previous efforts and reflect its highest possible ambition [based on common but differentiated responsibilities and respective capabilities [[and] in light of different national circumstances [and best available science]] [based on provision of finance, technology and capacity-building to developing countries].2

  6. Information In communicating their [proposed] [intended] [NDMC*][INDC], Parties shall provide the information necessary for clarity, transparency and understanding, in accordance with [decision 1/CP.21][decision 1/CP.20 ] [and any subsequent decisions of the CMA.] [Article 12 of the Convention and the relevant arrangement for reporting information adopted by the Conference of the Parties to the Convention (COP) including those resulting from the Bali Action Plan and the information listed in decision 1/CP.20.]

  7. Features3

    Option 1: Each Party’s [NDMC*][INDC] [shall][should] be quantified or quantifiable, [be unconditional, at least in part ], maintain coverage of emissions and removals covered previously, and strive for coverage of all significant emissions and removals over time. Additional guidance may be elaborated by decision [of the CMA][1/CP.21].

    Option 2: Each Developed country Party’s [NDMC*][INDC] shall be quantified, cover all key categories of emissions by sources and removals by sinks and use common Intergovernmental Panel on Climate Change (IPCC) metrics, guidance and guidelines for the estimation of greenhouse gas emissions and removals; and others strive to communicate this over time. Additional guidance may be elaborated by the [CMA] [IPC] at its [x] session

    Option 3: Guidance on the features of [NDMCs*][INDC] to be elaborated by decision [of the CMA ][1.CP/21].

    Option 4: Guidance on the features of [NDMCs*][INDC] to be elaborated by decision of the CMA at its x session.

    Option 5: No text in agreement

  8. Timing

    1. First communication option for agreement4

      Option 156: Each Party’s first [NDMC*][INDC] is that listed in [Annex [x] to the Agreement][the registry][the website].

      Option 2: Each Party [shall][should] communicate its first [NDMC*][INDC] no later than upon [ratification or acceptance of] [joining] this Agreement.

      Option 3: No provision on first communication in agreement and/or decision

    2. Subsequent communications

      Option 1: communication to 5 year time period

      1. Every 5 years, harmonised [NDMC*][INDC]

        Each Party shall [[communicate its [successive] [new]] [update its] [NDMC][INDC] by [year x] [2020] [2021] and every five years thereafter on a [synchronized][common] basis, [or resubmit an existing [NDMC][INDC]] [for the subsequent five-year time frame], taking into account the outcomes of the global stocktake referred to in Article 10.

      2. Submit INDC

        All Parties shall submit their [intended] [proposed] [NDMC*][INDC] [12 [–18] months prior to] [well before] [finalization [inscriptions]

      3. Finalize [NDMC*][INDC]

        [[with a view to [inscription in [Annex] x7][finalization] [at least three months prior to][well before] the session of the CMA at which [NDMC][INDC] will be collectively updated]]; [placeholder for an option regarding an “indicative” or “intended” subsequent [NDMC][INDC] for [five] years after the year of the submitted contribution.]

      Option 2: communication before the end of the period of implementation

      Successive [NDMC*][INDC] [shall] [will] [other] be communicated by Parties after completion of the current implementation cycle.

    3. *Consultative period/ex ante8

      Option 1: [In the 12 [–18] month period referred to in paragraph x] [The CMA shall facilitate [conduct]] [All Parties shall participate in] a [preparatory] process to [facilitate] [enhance] the clarity, transparency and understanding of the [intended] [proposed] [NDMC*][INDC], including their aggregate effect in the light of the long-term temperature goal referred to in Article 2, including through the production of an aggregate synthesis report. The [preparatory] process shall be conducted in accordance with the modalities and procedures to be adopted by the CMA at its first session.

      Option 2: No provision on consultative period/ex ante

    4. Adjustments

      A Party may at any time adjust its existing [NDMC][INDC] with a view to enhancing its level of ambition [, in accordance with the simplified adjustment procedure referred to in Article 19, paragraph 3]. [Adjustments towards lower ambition levels may only be communicated in case the [developing country] Party’s efforts are [severely] affected by an extreme natural event, economic shock or force majeure.][Developing country Parties may adjust their [NDMC][INDC] at their discretion depending upon the adequacy and availability of finance, technology development and transfer and capacity-building support.]

  9. Housing

    Option 1: [The [NDMC*][INDC] communicated by Parties shall be [listed][published] [in an online registry maintained by the secretariat][ in Annex [X] to this Agreement][on the UNFCCC website].]

    Option 2: [The [NDMC*][INDC] communicated by developed country Parties shall be inscribed in Annex A to this Agreement.

    The [NDMC*][INDC] communicated by developing country Parties shall be inscribed in Annex B to this Agreement.]

  10. Accounting9

    Option 1:: [In tracking progress towards achieving their [NDMC*][INDC], Parties shall apply the principles of transparency, accuracy, completeness, comparability, consistency, avoidance of double counting and environmental integrity.]

    Option 2: [In tracking progress towards achieving their [NDMC*][INDC], Parties shall apply the principles of transparency, accuracy, completeness, comparability, consistency, avoidance of double counting, and environmental integrity.]

    [The rules and guidance related to the tracking of progress towards achieving [NDMC*][INDC] accounting [that are set forth in [relevant COP decisions and in] decision 1/CP.21], including with respect to land use [and landuse change] [and forests] [and REDD-plus] [and internationally transferred mitigation outcomes], [shall be adopted by the CMA at its first session and may be amended by any subsequent decisions of the CMA] [so as to improve the clarity, transparency and environmental integrity of this Agreement.]

    Option 3:

    1. [Taking into consideration the principles of common but differentiated responsibilities and respective capabilities, and Article 4, paragraph 9, of the Convention] [The rules and guidance related to accounting [that are set forth in [relevant COP decisions and in] decision 1/CP.21], including with respect to land use [and land-use change] [and forests][ and REDD-plus][and internationally transferred mitigation outcomes], [shall be adopted by the CMA at its first session and may be amended by any subsequent decisions of the CMA] [so as to improve the clarity, transparency and environmental integrity of this Agreement.]

    2. [In accounting for its [NDMC*][INDC], each Party shall, taking into account the guidance developed under paragraph x above]:

      1. [Use the common metrics, guidance and guidelines accepted by the IPCC for the estimation of greenhouse gas emissions and removals and agreed by the CMA];
      2. [Ensure methodological consistency between the definition of the [NDMC*][INDC] and its implementation];
      3. [Include an explanation for the exclusion from the [NDMC*][INDC]of any key categories of emissions and removals, and strive to include these over time];
      4. [[Ensure that] Once a source, sink or activity is accounted for in a [NDMC*][INDC], Parties shall continue to include it];
      5. [[Ensure that] internationally transferred mitigation outcomes to meet its [NDMC*][INDC] are real, permanent, additional and verified, are subject to systems to ensure that units are not counted more than once in tracking progress towards nationally determined mitigation commitments, and are supplemental to domestic action].

    Option 4: Deal with accounting in Transparency of Action and Support

    Option 5: No provisions on accounting and land use

    Differentiation modulator: (A choice to be made for options 1, 2, and 3).

    Option 1: [Taking into consideration the principles of common but differentiated responsibilities and respective capabilities, and article 4.9 of the Convention]

    Option 2: No differentiation modulator applied in this specific paragraph (does not prejudge how or where differentiation is treated in this section).

  11. Methods and guidance

    Option 1: In the context of [NDMC][INDC],* when recognising and implementing mitigation actions in respect of anthropogenic emissions and removals [including from land use [or REDD+]], Parties may draw from [/build on] existing methods and guidance under the UNFCCC and the IPCC.

    Option 2: No provisions on accounting and land use

  12. Long-term strategies

    [Parties [are invited][should strive ]][invite Parties, on a voluntary basis] to formulate and communicate longerterm low-emission development strategies [in accordance with the modalities to be decided by the CMA at its first session][Developed country Parties shall formulate low-emission development strategies with time frames for achieving zero emissions. Developing country Parties are encouraged to develop a long-term green and lowcarbon development strategy, plan or programme, as appropriate].

    [The secretariat shall maintain Parties’ communicated low-emission development strategies in a public registry.]

  13. Response Measures

    [Preamble: Parties acknowledge the importance of cooperation including around economic diversification to reduce the adverse impacts of the implementation of response measures.]

    Option 1: [Parties shall give full consideration to what actions are necessary under this Agreement to meet the specific needs and concerns of developing country Parties arising from the impact of the implementation of response measures, including in terms of economic diversification, and taking into consideration that poverty eradication and social and economic development are the first and overriding priorities of developing country Parties.

    Parties agree to enhance actions under this Agreement, including through strengthening institutional arrangements, and to adopt adopt modalities and procedures for enhancing those arrangements. To this end the CMA shall establish a cooperative mechanism to address the adverse impacts of the implementation of response measures on developing country Parties, as included in decision -/CP.21.]

    Option 2: No text

  14. Unilateral Measures

    Option 1: [Developed country Parties shall not resort to any form of unilateral measures against goods and services from developing country Parties on any grounds related to climate change, recalling the principles and provisions of the Convention, in particular its Article 3, paragraphs 1, 4 and 5, and Article 4, paragraphs 3, 5, 7, 8, 9 and 10, and taking into account the principles of equity, common but differentiated responsibilities and the obligations of developed country Parties to provide financial resources, transfer of technologies and capacity-building support to developing country Parties.]

    Option 2: No text.

  15. REIOS [Parties, including regional economic integration organizations and their member States, may jointly communicate and[/or] implement their [NDMC][INDC] [detailing in their joint communication the combined level of [NDMC][INDC] and individual levels of the [NDMC][INDC] of each member State of that regional economic integration organization. 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 Agreement shall not affect existing [NDMC][INDC]under this Agreement. Any alteration in the composition of the organization shall apply only for the purposes of those commitments under Article 3 that are adopted subsequent to that alteration. If Parties act jointly to implement their [NDMC][INDC] in the framework of, and together with, a regional economic integration organization that is itself a Party to this Agreement, each member State of that regional economic integration organization individually and together with the regional economic integration organization shall, in the event of failure to achieve the total combined level of [NDMC][INDC], be responsible for the level of its [NDMC*][INDC] as communicated in accordance with this Article.]

  16. Cooperative approaches

    Option 1: Parties may also cooperate in the implementation of their [NDMC*][INDC].

    Option 2: [Parties, when using cooperative approaches, shall ensure that they deliver real, permanent, additional and verified internationally transferrable mitigation outcomes, which shall be counted only once.][The cooperation of Parties in the implementation of mitigation activities to implement their [NDMC][INDC] may include cooperation through the Warsaw Framework for REDD-plus, mechanisms developed under the COP and cooperative approaches involving the international transfer of mitigation outcomes that meet standards and guidelines to be decided on by the CMA at its first session that are aimed at ensuring environmental integrity and the delivery of real, permanent, additional and verified internationally transferrable mitigation outcomes that shall be counted only once in tracking progress towards [NDMC][INDC]. The CMA shall provide that a mechanism for supporting sustainable development is available to assist Parties in fulfilling their [NDMC][INDC], while respecting the [NDMC][INDC] of the host Party.]10

    Option 3: Parties acknowledge the importance of cooperation instruments to enhance mitigation commitments at the local, regional and/or international level.

    Option 4: No provision

  17. Support1112

    Option 1: The developed country Parties and other developed Parties included in Annex II to the Convention [and other Parties with the capacity to do so] shall provide new and additional financial resources, technology transfer and capacity-building to meet the agreed full costs incurred by developing country Parties [and Parties whose special circumstances are recognized by the COP] in complying with their obligations under this Article.

    Option 2: [Developing country Parties][and other countries with economies in transition][and Parties whose special circumstances are recognized by the COP][Parties in need of support] are eligible for support in the implementation of this Article.

    Option 3: The extent to which developing country Parties will effectively implement their commitments will depend on the effective implementation by developed country Parties of their commitments related to financial resources, transfer of technology and capacity-building.

  18. International Transport Emissions

    Option 1: Parties [shall][should][other] pursue limitation or reduction of greenhouse gas emissions from international aviation and marine bunker fuels, working through the International Civil Aviation Organization and the International Maritime Organization, respectively, with a view to agreeing concrete measures addressing these emissions, including developing procedures for incorporating emissions from international aviation and marine bunker fuels into low-emission development strategies.

    Option 2: No text

[Article 3bis] (REDD-plus)

  1. [Mechanisms for forest mitigation and adaptation are] [A REDD-plus mechanism is] hereby defined.

  2. The REDD-plus mechanism consists of relevant decisions of the Conference of the Parties, including decisions 9 to 15/CP.19 and decision XX/CP.21.

  3. The purpose of the REDD-plus mechanism shall be to incentivize the reduction of emissions from deforestation and forest degradation and to promote conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries, while enhancing the non-carbon benefits derived as a result of the multiple functions of forests, including alleviating poverty and building ecosystem resilience.

  4. [The Joint Mitigation and Adaptation Mechanism (JMA) is established to support the integral and sustainable management of forests as an alternative to results-based payments, in accordance to decision X/CP.21.]

[Article 3ter] (mechanism to support sustainable development)

Option 1:

  1. A mechanism is established to support sustainable development, to be available to assist Parties in fulfilling their [NDMC*][INDC]. This mechanism shall be under the authority and guidance of the CMA and be supervised by a body designated by the CMA, and would aim to:

    1. Enhance mitigation ambition and the mobilization of financing for climate action;
    2. Incentivise and enable participation in cost-effective mitigation action by public and private entities acting under the responsibility of a Party.

  2. The CMA shall adopt modalities and procedures for the mechanism referred above on its first session.]

    Additional elements to article 3ter to be reflected in the article (these are also applicable to paragraph 46 of the decision):

    • Additional element - own contribution - EU submission on paragraph 34 “Deliver where desired by Participating Parties a net contribution to mitigation over and above the current [NDMC*]/[INDC] of the Parties participating”.
    • Approval by the Parties involved
    • Article 3 ter enabling creation of multiple mechanisms
    • Sustainable development criteria of the host country

Option 2:

  1. Recommends that the CMA at its first session consider establishing a mechanism to support sustainable development to be available to assist Parties in fulfilling their [NDMC*][INDC]. This mechanism would be under the authority and guidance of the CMA and be supervised by a body designated by the CMA, and would aim to:

    1. Enhance mitigation ambition and the mobilization of financing for climate action;
    2. Incentivize and enable participation in cost-effective mitigation action by public and private entities acting under the responsibility of a Party;

  2. Requests the SBSTA to elaborate modalities and procedures for the mechanism for sustainable development referred to in paragraph 34 above and report to the IPC at its [X] session with a view to the IPC making recommendations, for consideration and adoption by the CMA at its first session, that inter alia:

    1. Provide, where desired by the participating Parties, for the creation and issuance of real, permanent, additional and verified mitigation outcomes that may be used to meet [NDMC*][INDC] in a manner that is supplementary to domestic action, is consistent with the rules and guidance for accounting, and provides for a share of proceeds for adaptation;
    2. Deliver, where desired by participating Parties, a net decrease or avoidance of emissions;
    3. Build on the mechanism defined in Article 12 of the Kyoto Protocol and related decisions of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol;] {paragraph 46 option 1 of the decision}

Option 3

[For the purpose of meeting a portion of its mitigation commitment under Article 3, any Party may elect to use certified units (CU) generated under the new market-based mechanism defined under decision 2/CP.17, paragraph 83, subject to the adoption by the CMA of modalities and procedures elaborating each of the elements in decision 1/CP.18 paragraph 51, and the adoption of eligibility rules for participation which promote fair and equitable access for all Parties. These modalities and procedures shall ensure that the design and operation of the mechanism delivers net global emission reductions, through the cancellation of a share of units generated, transferred, used or acquired from offsetting activities.]

Option 4:

Establishes a mechanism to support holistic and integrated approaches to sustainable development in harmony with nature to be available to assist developing country Parties in fulfilling their [NDMC*][INDC] including in a balanced manner mitigation, adaptation, provision of finance, technology transfer and capacity building. This mechanism shall be under the authority and guidance of the CMA and be supervised by a body designated by the CMA, and would aim to:

(a) Enhance mitigation and adaptation ambition and the provision mobilization of public financing technology transfer and capacity building in an integrated manner for climate action;

(b) Enhance non-market-based approaches and enable participation in joint cost-effective mitigation and adaptation actions by public and private entities acting under the responsibility of a Party.

(c) Support the implementation of the joint mitigation and adaptation approach for the integral and sustainable management of forests as an alternative policy approach to results-based payments.

(d) Fully respect mitigation contributions of participating Parties to ensure that the global mitigation effort is not undermined.

The CMA shall adopt modalities and procedures for the mechanism referred above on its first session.]

Option 5:

No Article 3ter.

Article 4 (adaptation)

  1. Parties hereby [establish][share] the [global goal][long-term vision] of enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change, [in accordance with the objective, principles and provisions of the Convention, including common but differentiated responsibilities and respective capabilities,] with a view to [[enabling][contributing to] [climate-resilient] sustainable development] [and] ensuring adaptation in the context of the goal of holding the increase in the global average temperature [below 2 °C][below [2 or] 1.5 °C] referred to in Article 2].

    Parties recognize that adaptation is a global challenge faced by all with local, subnational, national, regional and international dimensions, and that it is a key component of and contribution to the long-term global response to climate change to protect people, livelihoods and ecosystems[, taking into account the urgent and immediate needs of those developing countries that are particularly vulnerable].

  2. Option 1: [Parties recognize that adaptation [will][may] be needed regardless of the level of mitigation reached [and that [greater aggregate levels of mitigation can reduce the need for additional adaptation efforts][the greater their collective mitigation efforts, the less adaptation is needed [in the long term]][less adaptation will be needed if[, inter alia,] their collective mitigation efforts are greater]].]

    Option 2: [The [global goal][long-term vision] for adaptation shall be the basis for, inter alia:

    1. Assessment of the adequacy of support from developed country Parties[13] to developing country Parties[14] and a platform to undertake such an assessment through strengthened measurement, reporting, and verification of support;
    2. Recognition of adaptation efforts of developing countries;
    3. Recognition of increased adaptation needs and associated costs in light of mitigation efforts, taking into account that adaptation will be needed regardless of the level of mitigation reached, and also taking into account the relationship between aggregate mitigation ambition, associated climate change impacts, and adaptation needs and cost, and recognizing there are limits to adaptation.]

    Option 3: no text

  3. Option 1: Parties [acknowledge][X] that adaptation action should follow a country-driven, gender-responsive, participatory and fully transparent approach, [respecting [human rights][right to life][rights of people under occupation] and] taking into consideration vulnerable groups, communities and ecosystems, and should be based on and guided by the best available science and[, as appropriate,] traditional and indigenous [and local knowledge systems][[peoples knowledge] and [local] knowledge,] [taking into account relevant activity on adaptation of UN specialized organizations] with a view to integrating adaptation into relevant social, economic and environmental policies and actions, where appropriate.

    Option 2: Parties acknowledge that adaptation action should follow a country-driven, gender-responsive, participatory and fully transparent approach, taking into consideration vulnerable groups, communities and ecosystems, and should be based on and guided by the best available science and, as appropriate, traditional indigenous and local knowledge systems, [taking into account relevant activity on adaptation of UN specialized organizations,] with a view to integrating adaptation into relevant socio-economic and environmental policies and actions, where appropriate.

  4. Parties further recognize the importance of [international cooperation and] support for adaptation efforts and the importance of taking into account the needs of those developing countries that are particularly vulnerable, recognizing the particular vulnerabilities of Least Developed Countries and Small Island Developing States. [Parties included in Annex II of the Convention shall enhance the support for the implementation of paragraph 7 of this Article, national adaptation plans and the other adaptation actions, in accordance with the provisions of Article 4 of the Convention, recognizing the urgent and immediate needs and special circumstances of developing country Parties, especially those that are particularly vulnerable.]

  5. Parties [shall][should] enhance [their] cooperation [for enhancing action on adaptation, taking into account the Cancun Adaptation Framework], [including with respect to][which may include]:

    1. Sharing information, good practices, experiences and lessons learned, including, as appropriate, as it relates to science, planning, policies and implementation of adaptation actions;
    2. [Strengthening institutional arrangements [[, including those] under the Convention] to support the synthesis of relevant information and knowledge as well as the provision of technical [support and] guidance [and support][to [the] Parties];]
    3. [Advancing][alternative verb] scientific knowledge on climate, including research and systematic observation of the climate system in a manner that informs the development and delivery of climate services and supports decision-making;
    4. [Assessment of the [effectiveness][adequacy] of support [referred to in paragraph 2 (option 2(a)) of this Article] with a view to ensuring transparency and accountability;]
    5. [Assisting [developing] countries [, including Parties whose special circumstances are recognized by the decisions of the COP] [and other Parties in need of support, including countries with economies in transition] to identify [effective adaptation practices,] adaptation needs, priorities, [support provided and received for adaptation actions and efforts,] challenges and gaps [in a manner consistent with] and encouraging good practices;]
    6. [Improving the effectiveness and durability of adaptation actions.]

  6. Each Party, in accordance with [Article 4, paragraph 1, of the Convention and] its national circumstances [, commitments related to sustainable development,] and priorities should engage in the implementation of adaptation planning processes and actions, including the development or enhancement of relevant plans, policies, and/or contributions, which may include:

    1. [Process to formulate and implement] national adaptation plans;
    2. Assessment of climate change impacts and vulnerability with a view to formulating nationally determined prioritized actions, taking into account vulnerable people, places, and ecosystems.
    3. Strengthening [[governance and] enabling environments for][arrangements for the implementation of] adaptation;
    4. Monitoring, evaluating and learning from adaptation plans, policies, programmes and actions;
    5. Building resilience of socioeconomic and ecological systems, including through economic diversification and sustainable management of natural resources;
    6. [Strategies and approaches for enhancing the effectiveness of adaptation planning and actions in the context of broader economic and development efforts.][Enhancing the implementation of plans policies and actions in a manner that is continuous, effective, and that shall have continuous and enhanced international support in the context of broader economic development efforts.]

  7. [Each Party may submit an adaptation communication [or communications on undertakings on adaptation, with a view to implement [those undertakings][its adaptation actions][, efforts,]] that may include:

    1. Its priorities, good practices, lessons learned, needs, plans and actions;
    2. [The level of support needed by developing country Parties to enhance adaptation action;]]

    7.bis [Developed country Parties shall communicate their actions on provision of support to developing countries.]

  8. [The adaptation communication [or communications on undertakings on adaptation] referred to in paragraph 7 of this Article, in a manner that does not create an additional burden on [developing country] Parties, may be:

    1. Submitted independently, as a component of, or in conjunction with another communication [or document], including a national adaptation plan[, intended nationally determined contribution][nationally determined mitigation contribution], and/or a national communication;
    2. Updated or submitted [periodically] [in conjunction with mitigation cycles] [for those Parties who want to submit an adaptation component in their [INDC]] [or updated periodically].]

  9. [The [[an] adaptation communication[s]][or undertakings on adaptation] referred to in paragraph 7 of this Article [shall][may] be [recorded in a registry][made publicly available by the secretariat [on the UNFCCC website]] [in accordance with modalities to be decided by the [CMA][CMP] at its first session].]

  10. [[There shall be a [high-level session][global stocktake] on adaptation every [X] years with the purpose of [raising the profile of adaptation efforts undertaken and considering experiences, challenges and future priorities, with a view to increasing the effectiveness of adaptation actions][enhancing the implementation of adaptation action based on [the] [an] adaptation communication[s]][or undertakings on adaptation] referred to in paragraph 7 of this Article, assessing the adequacy of support and recognizing the adaptation efforts of developing countries], guided by modalities to be adopted by the [CMA][CMP] at its first session.]

  11. [[The AC, the LEG, the AF, the GCF, the LDCF, the SCCF, the TEC, the CGE, and other relevant bodies][Institutional arrangements for adaptation under the Convention] shall serve this Agreement. The CMA shall, based on a review of institutional arrangements under the Convention, further elaborate the adaptation framework for this Agreement in order to enhance its coherence and effectiveness, building on, consolidating and coordinating institutional arrangements relevant to adaptation under the Convention.]

  12. Option 1: [[Developing country] Parties [in need][other Parties in need of support] are eligible for support in the implementation of this Article]

    Option 2: [Developed country Parties shall provide developing country Parties, taking into account the needs of those that are particularly vulnerable, with long-term, scaled-up, predictable, new and additional finance, technology and capacity-building, in accordance with the relevant provisions of the Convention, to implement urgent and short-, medium- and long-term adaptation actions, plans, programmes and projects at the local, national, subregional and regional levels, in and across different economic and social ecosystems.].]

    Option 3: no text (text on adaptation support to be considered in Articles 6, 7, 8, and 9)

Article 5 (loss and damage)

Option I:

  1. An international mechanism to address loss and damage is hereby defined under this agreement/protocol and shall be bound by the principles and provisions of the Convention, in particular common but differentiated responsibilities and respective capabilities.

  2. The purpose of the mechanism shall be to promote and support the development and implementation of approaches to address loss and damage associated with the adverse effects of climate change, inter alia, extreme events and slow onset events, in developing countries that are particularly vulnerable to the adverse effects of climate change.

  3. The international mechanism on loss and damage shall draw upon, further develop and elaborate on the work of the Warsaw International Mechanism on Loss and Damage pursuant to relevant COP decisions, including the development of modalities and procedures for the mechanism’s operation and support. It can involve, as appropriate, existing bodies and expert groups under the Convention, as well as relevant organizations and expert bodies outside the Convention, and be informed by relevant precedents in international law.

  4. The international mechanism on loss and damage shall be subject to the authority and guidance of the governing body/CMP/CMA and supported through the financial mechanism of the Convention.

  5. The governing body/CMP/CMA shall, at its first session, establish a climate change displacement coordination facility to help coordinate efforts to address the displacement of people as a result of the extreme impacts of climate change.

  6. The governing body/CMP/CMA shall, at its first session, initiate a process to develop approaches to address irreversible and permanent damage resulting from human-induced climate change, and shall endeavour to complete this process within four years.]

Option II: No reference to loss and damage (no Article 5).]

Article 6 (finance)

  1. Option 1: [[Over time,] [climate] finance [flows] [from developed country Parties] should be consistent with [the transformation to][a pathway towards] low-emission and climate resilient [societies and economies][development][, [including] in the context of [developing] countries’ sustainable development priorities and efforts to eradicate poverty].]

    Option 2: [Climate finance, as defined in Article 1 of this Agreement, shall be provided from developed country Parties and other Parties included in Annex II of the Convention in the context of developing country Parties’, needs, sustainable development priorities, food security and efforts to eradicate poverty.]

  2. Option 1: [[Developed country Parties and other developed country Parties included in Annex II to the Convention][Developed country Parties should take the lead and][Developed country Parties[, Parties with economies in transition] [and Parties in a position to do so]] [All Parties in a position to do so] [shall][should][other] provide [support][[new and additional] financial resources] to assist developing country Parties [including Parties whose special circumstances recognized by [Article 4.8 of the Convention][COP decisions]] with respect to both mitigation and adaptation [as well as addressing loss and damage] [and others in a position to do so should complement such efforts].]

    Option 2: [Developed country Parties and other developed Parties included in Annex II to the Convention shall provide new and additional, adequate, predictable, accessible, sustained and scaled-up financial resources to developing countries to enhance actions with respect to both mitigation and adaptation to contribute to the achievement of the [objective][purpose] of this Agreement, based on the principles and in accordance with the provisions of the Convention.]

    Option 3: [Parties in a position to do so, including developed country Parties, should provide support to assist developing country Parties in need of support with respect to both mitigation and adaptation.]

  3. [Parties should integrate climate considerations, including resilience, into international development assistance.]

  4. Option 1: [All Parties shall take action to mobilize, and/or facilitate the mobilisation of, climate finance in line with their respective and evolving responsibilities and capabilities. Some Parties may need support in order to take action.] [The actions taken by Parties in the mobilization of climate finance shall reflect and be dynamically adapted to future changes in needs, developments and environmental and economic realities, reflecting evolving capabilities and responsibilities.]

    Option 2: [Developed country Parties and other Parties included in Annex II to the Convention shall mobilize financial resources beyond their previous efforts, supporting country-driven strategies, and taking into account the needs and priorities of developing country Parties.]

    Option 3: [As part of a shared effort, Parties should cooperate to promote the mobilization of climate finance from a wide variety of sources, instruments and channels, including public, private, bilateral, multilateral, domestic, and international.]

  5. [Parties should strive to improve enabling environments and policy frameworks to attract and mobilize climate finance, noting that cooperative action and support may enhance such efforts.] 6. [Parties should mobilize enhanced results-based payments for verifiable achieved emission reductions related to existing approaches under the Convention.]

  6. [Parties should [reduce international support for high-emission [and maladaptive] investments] [and[/or]][or] [enhance international support for low-emission and climate-resilient investments].]

  7. [[Parties and the institutions serving this Agreement should simplify procedures for accessing financial resources and improving readiness [for developing and vulnerable country Parties] to developing country Parties, [including][in particular] the LDCs and SIDS][In the provision of support, and in order to enhance the impact and country-[drivenness][driven approach] of such support, readiness and country programme measures [shall][should] be prioritized. The institutions serving this agreement [shall][should] enhance the delivery of resources for readiness and simplify approval procedures for accessing finance [by developing countries], in particular for LDCs, SIDS, and African States [and other vulnerable countries], in a coordinated manner].]

    {Placement proposal: to be moved to decision section}

  8. [Parties recognise that the appropriate pricing of greenhouse gas emissions in its many forms, is an important instrument for the reorientation of investment and finance flows consistent with a pathway towards low emission and climate resilient economies and societies.] {Placement proposal: to be moved to section on mitigation}

  9. Option 1: [Parties recognize the role of a wide variety of sources, public and private, bilateral and multilateral, including alternative sources.]

    Option 2: [[Public funds from developed country Parties, distinct from Official Development Assistance, will be the main source of finance [indemnization mechanism based on historical responsibilities],] noting [a wide variety of sources][that sources may include a wide variety of sources, public and private, bilateral and multilateral, including additional sources [to meet developing country needs [including Parties whose special circumstances were recognized by COP decisions] for mitigation and adaptation actions]]. In the mobilization of finance from various sources, Parties shall abide by the principles of fiscal sovereignty and avoid incidence on developing country Parties[, particularly disguise distortions to trade].]

  10. Option 1: [The mobilization of climate finance [shall][should][other] be scaled up [in a predictable and transparent manner] [beyond previous efforts] [from USD 100 billion per year] from 2020[, recognizing the important role of the Green Climate Fund in the scaling up of financial resources for the implementation of this agreement, as well as other multilateral mechanisms and other efforts].]

    Option 2: [The provision and mobilization of financial resources by developed country Parties and other developed Parties included in Annex II shall represent a progression beyond their previous efforts towards achieving short-term collective quantified goals for the post 2020 period to be periodically established and reviewed. Financial resources shall be scaled up from a floor of US$100 billion per year, including a clear burden-sharing formula [among them], and in line with needs and priorities identified by developing country Parties [including Parties whose special circumstances were recognized by COP decisions] in the context of contributing to the achievement of the [objective][purpose] (Article 2/XX) of this Agreement. It shall take into account an equitable regional distribution of financial resources and a gender-sensitive approach, and include the implementation of Articles 5 and 6 of the Convention.]

    Option 3: [As part of a shared mobilization effort Parties should, in accordance with paragraph X-Y, enhance the scale and effectiveness of climate finance by: mobilizing climate finance from a wide variety of instruments and channels; provide, when in a position to do so, support to developing countries in need of support; appropriately prioritize support; improve enabling environments; integrate climate considerations into international development assistance; and reduce international support for high-emissions investments.]

  11. Option 1: [[Developed country Parties [and other developed Parties included in Annex II]][Parties] [shall][should][other] [periodically][biennially] communicate [relevant, indicative] information on [the [provision] [and mobilization] [and implementation] of financial resources, including [available] quantitative and qualitative information on the] projected [efforts to mobilize [and attract] climate finance][levels of public [climate finance][financial resources to be provided to developing country Parties [including countries with special circumstances recognized by COP decisions]]][about their plans related to paragraph X-Y, as appropriate].]

    Option 2: [Developed country Parties and other developed Parties included in Annex II shall biennially communicate on the provision and mobilization of financial resources, including quantitative and qualitative information on the projected levels of public financial resources to be provided to developing country Parties.]

    Option 3: [Parties should periodically communicate relevant, indicative information about their plans related to paragraph X-Y, as appropriate.]

  12. [The [stocktake shall take into account available information by [developed country] Parties and Agreement bodies on efforts related to climate finance][CMA shall facilitate the communication of finance efforts for the stocktake referred to in Article 10, taking into account the [annual reports][biennial assessment] of the Standing Committee on Finance].] {Pending outcome of discussions on Article 10}

  13. [Developed country Parties and other developed Parties included in Annex II to the Convention shall at least biennially provide transparent, complete, consistent, comparable and accurate information on financial resources provided and mobilized through public interventions to developing country Parties, in accordance with guidelines to be adopted by the CMA at its first session, including through a clear definition of climate finance as stipulated in Article 1 of this agreement. These guidelines shall be developed in accordance with the provisions of the Convention and relevant decisions of the COP mutatis mutandis under the Agreement, and will be part of the common framework for transparency of action and support under Article 9 of this Agreement.] {Placement proposal: to be moved to Article 9}

  14. [When accounting for financial resources provided and mobilized through public interventions, Developed country Parties and other developed Parties included in Annex II to the Convention shall ensure that:

    1. Such financial resources accounted for specifically target climate adaptation, mitigation and crosscutting activities as their main objective in line with criteria from the IPCC
    2. Any uncertainty is to be overcome following the principle of conservativeness, where it is preferable that financial resources are under-reported rather than over-reported;
    3. Where multiple actors are involved, the resulting financial resources are only counted once;
    4. Mobilized private financial resources are only reported where there is a clear causal link with a public intervention and the activity would not have moved forward, or moved forward at scale, in the absence of the public intervention;
    5. Mobilized multilateral financial resources are adjusted so that only the share attributed to Developed country Parties and other developed Parties included in Annex II to the Convention is accounted for.] {Placement proposal: to be moved to Article 9}

  15. The provision of [scaled up] financial resources [should] [shall] aim to achieve a balance between adaptation and mitigation, taking into account country-driven strategies, and the priorities and needs of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change, including leastdeveloped countries (LDCs), small island developing States (SIDS), and Africa, considering the need for public and grant-based resources for adaptation.

  16. [The provision of financial resources, [including for the transfer of technology] [and capacity-building] shall ensure facilitated [direct] and enhanced direct access, pursue a country-driven approach, [delivered through] [aim at] simplified procedures, and [continuous] readiness support [to developing countries] [especially those countries that are particularly vulnerable to the adverse effects of climate change, including least-developed countries (LDCs) small island developing States (SIDS), and Africa] [in particular to capacity-constrained developing countries, in particular LDCs and SIDs]. It shall likewise ensure adequacy and predictability of resources, and avoid double counting.]

  17. [The CMA shall ensure that adequate support is available to the International Mechanism to address Loss and Damage as defined in Article (XX), as well as to promote and support the development and implementation of approaches to address irreversible and permanent damage resulting from human-induced climate change.]

  18. Option 1: [The Financial Mechanism established by Article 11 of the Convention, including its operating entities, shall serve as the Financial Mechanism of this Agreement.]

    Option 2: [The Financial Mechanism established by Article 11 of the Convention, including the Green Climate Fund and the Global Environment Facility as its operating entities, and related funds, shall serve as the Financial Mechanism of this Agreement. The CMA shall provide guidance, for consideration by the COP, on the policies, programme priorities, and eligibility criteria of the operating entities of the Financial Mechanism, acknowledging that the relevant decisions of the COP agreed before adoption of this Agreement shall apply mutatis mutandis.]

    Option 3:

    1. The Financial Mechanism established by Article 11 of the Convention, including its operating entities, shall serve as the Financial Mechanism of this Agreement. The guidance to the entity or entities entrusted with the operation of the financial mechanism of the Convention in relevant decisions of the COP, including those agreed before the adoption of the agreement, shall apply mutatis mutandis to the Financial Mechanism of this Agreement.
    2. The existing operating entities of the Financial Mechanism (the Green Climate Fund and the Global Environment Facility, including the Special Climate Change Fund and the Least-Developed Countries Fund) shall serve this Agreement. Other funds may be established under this agreement.
    3. The Adaptation Fund Board, established by decision 1/CMP.3 shall be designated as an operating entity entrusted with the operation of the financial mechanism, referred to in Article xx, for the implementation of this Agreement.

Article 7 (technology development and transfer)

  1. All Parties[, in accordance with the principles and provisions of the Convention, in particular Article 4 [and Article 11]], noting the importance of [meeting the] technology [requirements] for the implementation of mitigation and adaptation actions under this Agreement and recognizing existing deployment and dissemination efforts [and the urgency of realizing technology development and transfer], [shall][should] strengthen cooperative action [among Parties] [to accelerate and upscale] [on] [technology development and transfer] [through] [, inter alia:

    1. [Improving endogenous capacities and enabling environments according to nationally determined needs and priorities, in accordance with Article 4, paragraph 5, of the Convention];
    2. [Addressing barriers [in accessing to][for] the transfer of safe, appropriate and environmentally and socially sound technologies [by developing countries];]
    3. Fostering cooperative approaches to research and development].

  2. Option 1: Parties share the long-term vision for technology development and transfer to improve resilience to climate change and reduce emissions.

    Option 2: Parties share a long-term vision regarding the importance of urgently realizing technology development and transfer to improve resilience to climate change and reduce emissions, which is hereby agreed.

    Note: Option 1 and Option 2 for paragraphs 2-3 are to be considered together

  3. Option 1: A technology framework is hereby established to pursue that vision, including to enhance the development and transfer of socially and environmentally sound technologies.

    Option 2: A technology framework is hereby established to achieve that vision, with a view to enhancing the development and transfer of, and access to, socially and environmentally sound technologies by [addressing [mutually agreed] barriers and] guiding the work of the Technology Mechanism and further to facilitate the understanding of [the intended nationally determined contributions of Parties pertaining to] technology provision under the Agreement.

  4. Option 1: In accordance with Article 4, paragraph 5, of the Convention, developed country Parties shall provide financial resources to address barriers created by policies and intellectual property rights (IPRs) and facilitate access to and the deployment of technology, including, inter alia, by utilizing the Financial Mechanism and/or establishing a funding window under the GCF to meet the full costs of IPRs of environmentally sound technologies, know-how and such technologies will be provided to developing country Parties free of cost in order to enhance their actions to address the adverse effects of climate change.

    Option 2: No text

  5. The Technology Mechanism shall serve this Agreement [and shall be strengthened in line with its mandate for this purpose].

  6. Option 1: Developing country Parties [and Parties in need of support, including countries with economies in transition] are eligible for support in the implementation of this Article.

    Option 2: [In accordance with Article 4, paragraphs 3[ and 5][, 5 and 9], of the Convention,] [developed country Parties] [Parties in a position to do so] and other Parties included in Annex II to the Convention shall [continue to provide regular reports] [regularly prepare, communicate and implement their commitments on the support of technology provisions for [developing countries] Parties [, including Parties whose special circumstances are recognized by COP decisions],] [provide enhanced support], including financial support, for strengthening cooperative action the implementation of the technology framework through the Technology Mechanism [and the Financial Mechanism]. [The availability of the financial support shall include through the Financial Mechanism.] [The overall implementation of the commitments will be periodically assessed through a global stock-take in accordance with Article 10 of this Agreement.]

    Option 3: No text

    Option 4: [Developed countries] [All] Parties shall regularly communicate the progress [of implementation] [made in implementing] [pertaining to the financial provisions] the provisions and support for technology development and transfer in accordance with Articles 6 and 9 of this Agreement [, taking into account the provisions of the Convention] [in a measurable, reportable and verifiable manner]. [The overall implementation of the commitments will be periodically assessed through a global stock-take in accordance with Article 10 of this Agreement.]

  7. Option 1: Developed country Parties and other Parties included in Annex II to the Convention shall provide support for the research, development and application of environmentally sound technologies and facilitate the transfer of and access to such technologies for developing country Parties, including by, inter alia, strengthening cooperative action, providing financial resources to address barriers caused by the absence of domestic research and development capability and innovations, and enhancing access to environmentally sound technologies and know-how.

    Option 2: No text

Article 8 (capacity-building)

  1. Capacity building under this Agreement should enhance the capacity and ability of [developing country Parties] [countries,] [in particular countries with the least capacity,] [such as][in particular] [LDCs and SIDs][and Africa][and countries with economies in transition][in accordance with principles and provisions of the Convention], to take effective climate change action, [including to,] inter alia, implement adaptation and mitigation actions; facilitate technology development and the [absorption][dissemination and deployment] of technology [on mutually agreed terms]; facilitate access to [climate] finance; facilitate relevant aspects of education, training and public awareness; and facilitate the [reporting of] transparent, timely and accurate communication of information.

  2. Capacity-building should be country-driven, based on and responsive to national needs and foster country ownership [of Parties, in particular for] [by] developing country Parties and [[other Parties in need of support, including] [of Parties in need of support]** countries with economies in transition], including at the national, subnational and local levels. Capacity-building should be guided by lessons learned, including those from capacity building activities under the Convention, and should be an effective, iterative process that is participatory, cross-cutting and gender-responsive. *[CMA shall at its first session establish criteria, rules and procedures for determining Parties in need of support. *{issue to be dealt under the decision section}]

  3. Developed country Parties [shall][should] enhance support for actions for capacity-building in developing countries [and other Parties in need of support]. [Other Parties in a position to do so] are also encouraged to provide support for actions for capacity-building in developing countries. All Parties [are encouraged to cooperate] [should cooperate] to enhance the capacity of developing country Parties [in need of support] to implement this Agreement.

  4. Option 1: Developed country Parties shall regularly prepare, communicate and implement plans, policies, actions and measures on capacity-building support to developing country Parties in order to progressively scale up such support and cooperation to enhance the capacity of developing country Parties to implement this Agreement, including through regional, bilateral and multilateral approaches.

    Option 2: All Parties should regularly prepare and communicate actions or measures on capacity-building in order to enhance the capacity of developing country Parties in need of support to implement this Agreement, including through regional, bilateral and multilateral approaches. Developing country Parties shall regularly communicate progress made on implementing any capacity-building plans, policies, actions or measures, including the impact and estimated results of support received for capacity-building.

    Option 3: No text {issue to be dealt with in the Article on transparency}

  5. Option 1: The provision of capacity-building, including under this Agreement, shall be enhanced through, inter alia, effective institutional arrangements. Existing institutional arrangements shall therefore be enhanced, as appropriate, to improve the provision of capacity-building. In order to further enhance and coordinate capacity building in accordance with this Agreement, an international capacity-building mechanism is hereby established to serve the Agreement.

    Option 2: Institutional arrangements related to capacity-building serving this Agreement should enhance the effectiveness of capacity building efforts.

    Option 3: Institutional arrangements related to capacity-building serving the Agreement should enhance the [provision and][effectiveness] of capacity-building efforts [and new programmes should be implemented in order to improve the provision of capacity-building][and new institutional arrangements should be explored in order to improve the provision of capacity-building]. [A new institution should be established] [Institutional arrangements under the Convention shall be enhanced and complemented as appropriate] to improve the provision of capacity-building to serve the Agreement.

    Option 4: The agreement shall ensure effective institutions to enhance the implementation of capacity-building activities. Existing institutions shall enhance their work and, to ensure proper coordination among these institutions, a new institution is hereby established.

Article 8 bis

Parties shall cooperate in taking measures, as appropriate, to enhance climate change education, training, public awareness, public participation and public access to information, recognizing the importance of these steps with respect to enhancing actions under this Agreement.

Article 9 (transparency)

  1. Option 1: A robust transparency framework covering both action and support, differentiated between developed and developing countries, building on the arrangements under the Convention, related decisions of the COP and mechanisms established by the Cancun Agreements (decision 1/CP.16), applicable to all Parties, and providing flexibility to developing countries is hereby established.

    Option 2: A unified and robust transparency system, covering both action and support, with built-in flexibility to take into account Parties’ differing capacities, and applicable to all Parties is hereby established.

    Option 3: A robust, tiered transparency framework covering both action and support, applicable to all Parties, based on self-differentiation with no backsliding and on national capabilities and intended nationally determined contributions, and that builds on and enhances existing arrangements under the Convention and decision 1/CP. 16 is hereby established.

    Option 4: Building on existing arrangements under the Convention, a transparency framework for action and support that takes into account Parties different capacities and is applicable to all Parties is hereby established.

  2. The transparency framework shall provide flexibility in the implementation of the provisions of this Article to developing country Parties in the light of their capabilities/capacities [and support received]. The modalities, procedures and guidelines referred to in paragraph 6 of this Article shall reflect such flexibility.

  3. The transparency framework shall be guided by the principles of the Convention and building on the provisions and arrangements under the Convention, recognizing the special circumstances of the least developed countries and small island developing States, and be implemented in a facilitative, non-intrusive, non-punitive manner, respectful of national sovereignty, and shall provide flexibility and avoid placing an undue burden on developing countries/Parties and the secretariat. {under discussion in tandem with 99 Option 1}

  4. The purpose of the system for transparency of action is to:

    1. Provide a clear understanding of climate change actions in the light of the objective as set by Article 2 of the Convention;
    2. Provide a clear understanding of the emissions and removals of individual Parties;
    3. Facilitate understanding of global aggregate emissions and removals [to inform the global stocktake under Article 10];
    4. Ensure clarity and tracking of progress made towards [implementing and/{outcomes from Article 3.2}] achieving individual Parties’ respective contributions/commitments/other under Article 3;
    5. [Share information, lessons learned and good practice on adaptation, including on][Provide a clear understanding of] progress made in implementing individual Parties’ actions16 under Article 4[, and other regional and global actions on adaptation in the light of the global temperature goal];
    6. [Promote comparability among developed country Parties.] {The proponents of this language feel that it could be moved to another more appropriate part of Article 9}

  5. The purpose of the system for transparency of support is to:

    1. Provide a clear understanding of the support provided and received [as relevant] by individual Parties [as well as needs of developing country Parties] [and assist Parties in identifying gaps in support provided and received], without placing an undue burden on SIDS and LDCs;
    2. Provide[, to the extent possible,] a full overview of aggregate support provided and [mobilized] [in the light of {refer to the objective of the stocktake under Article 10}][under Article 10];
    3. Ensure [clarity and tracking][measurement, reporting and verification] of progress made by developed country Parties in providing support in accordance with Articles 6, 7 and 8;
    4. Ensure clarity and tracking of support needed and received by developing country Parties in accordance with Articles 6, 7 and 8;
    5. Ensure that there shall be no double counting of financial resources provided [and ensure the environmental integrity of this Agreement]. {While the first concept is relevant here, the second bracketed concept does not relate to this section on support, and could be moved elsewhere.}

    {Further discussion is needed on: the relationship between the system and existing arrangements; the nature of flexibility; and the potential role of ‘nationally determined’.}

  6. Option 1: Each Party[, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives, and circumstances,] [shall][should][other] provide transparent, complete, consistent, comparable, and accurate information in accordance with guidelines [referred to in paragraph 6 of this Article] [developed by the CMA] on:

    Option 2: Each Party [shall][should][other], [regularly] [biennially] provide transparent, complete, consistent, comparable and accurate information in accordance with guidelines [referred to in paragraph 6 below] [developed by the CMA] on:

    1. Its national inventory of anthropogenic emissions by sources and removals by sinks of greenhouse gases, [using common metrics and] comparable methodologies as agreed on by the [CMA][COP];
    2. [Projected estimated emissions and removals;]
    3. Progress made in implementing and achieving [nationally determined] mitigation [contribution][commitment][other] {precise language will be consistent with Article 3};
    4. [Vulnerability to] climate change impacts and [adaptation][actions taken] to build resilience and reduce vulnerability [and progress on implementing any adaptation action under Article 4, paragraph 7] {Precise language will be consistent with Article 4};
    5. Support provided and received, as relevant {Precise language will be consistent with Article 6, 7 and 8};
    6. Specific information requirements under Articles 6, 7 and 8, [on efforts to improve domestic enabling environments, and on the use, impact and estimated results of support for [mitigation] actions] {Precise language will be consistent with Article 6, 7 and 8}.

    {Paragraphs 4 and 5 of this Article should be considered together as Parties have different views on the logic, implication and structure of these two paragraphs}

  7. Option 1: The information provided by each Party shall be subjected to at least biennially an international technical expert review. The review process shall provide a thorough, objective and comprehensive technical assessment of the implementation by a Party of the requirements of the Agreement. The international technical expert review shall be carried out by an expert review team following guidance adopted by the CMA at its first session.

    The expert review team shall produce a report on the results of the technical expert review, which shall be communicated to the CMA. The expert review team shall consult the Party concerned on the report prior to its communication to the CMA. The report shall analyse the extent to which the Party is on track to achieve its obligations under this Agreement, as well as the extent to which the Party’s reporting is in line with the guidelines referred to in paragraph 6 of this Article.

    The report shall identify any issues related to compliance

    Option 2: The information required under this Article shall be subject to a technical expert review in accordance with common guidelines and procedures adopted by the CMA. The review will consider the consistency of the information with the guidelines adopted by the CMA, the Party’s implementation and achievement of its nationally determined mitigation [commitment][contribution], and identify any areas for improvement in reporting. For Parties with least capacity, the expert review may also identify capacity-building needs. The technical expert review shall be carried out by an expert review team. The expert review team shall produce a report for publication by the secretariat and consideration by the CMA.

    Each Party shall undergo a multilateral and facilitative examination of the implementation of its [nationally determined mitigation] [contribution][commitment][other].

    Option 3:Building on the existing measurement, reporting and verification arrangements under the Convention:

    1. Developed country Parties shall report information related to their actions and provision of support to developing countries in accordance with the provisions of the Convention and relevant decisions of the COP mutatis mutandis under the Agreement, in their national communications, biennial reports and annual inventory reports. All of that information will be verified through a robust technical review process followed by a multilateral assessment process, and result in a conclusion with consequences for compliance;
    2. Developing country Parties should report information on their actions and support received according to the Convention and relevant decisions of the COP, inter alia procedures set up under decisions 1/CP.16 and 2/CP.17 mutatis mutandis, and the level of support received from developed country Parties.

    7bis. Developed country Parties and other developed Parties included in Annex II to the Convention shall ensure the transparency of support by:

    1. Providing clear information in national communications and biennial reports;
    2. Providing a clear road map with individual annual commitments for public funding, technology transfer and capacity-building support in the post-2020 period;
    3. Drawing on the work mandated to the Standing Committee on Finance by the COP to assist the COP in exercising its functions with respect to the measurement, reporting and verification of support provided to developing country Parties;
    4. Drawing on the work of the SBSTA on methodologies for the reporting of financial information.

  8. The CMA shall, at its first session, [building on [the arrangements related to transparency][lessons learned] under the Convention and elaborating on the provisions in this Article,] adopt [common] modalities, procedures and guidelines, as appropriate, for the transparency of action and support. {Placeholder to revisit this para pending outcomes of discussion on accounting}

  9. Support shall be provided to developing countries for the implementation of this Article[, including and the fulfilment of the obligations therein].

  10. [Developed country Parties] [shall][should][other] provide support to developing country Parties in the implementation of this Article.] {to be revised pending global solution}

  11. Support shall also be provided for the building of transparency-related capacity of developing countries on a continuous basis.

  12. The transparency arrangements under the Convention, including national communications, biennial reports and biennial update reports, international assessment and review (IAR) and international consultation and analysis (ICA), shall serve this Agreement

Article 10 (global stocktake)

  1. [[In accordance with the relevant provisions of the Convention,] The CMA shall periodically [take stock of the implementation of the Agreement in order to] [assess] [overall] [collective] [global] progress towards achieving [the objective of the Covention and] the [purpose18] [objective] of this Agreement [and its long-term goals]. It shall do so in a comprehensive and facilitative manner, [looking at] [considering] mitigation, adaptation and [the means of implementation ][and][ support.]]

  2. [The CMA shall undertake its first global stocktake in [2023][2024] and [every five years thereafter [unless otherwise decided by the CMA]][at regular intervals established by the CMA].]

  3. [The [outcome] of the stocktake [shall] [will] [guide and] inform Parties in [undertaking their efforts] [ in order for them to enhance] [enhancing] their successive actions and support, [as appropriate,] [and [prepare][and][finalize] [any future] [successive] INDC19]] [in accordance with relevant provisions of this Agreement] [and also considering the aggregate level of ambition communicated by Parties,] with an aim to achieve the purpose [and long-term goals] [and to increase ambition] of this Agreement in light of [the best available science][and][equity] [and in accordance with the principle of CBDR and RC, in light of different national circumstances].]

  4. [The extent to which developing country Parties can participate in the global stocktake will depend on the provision of financial resources.]

Article 11 (facilitating implementation and compliance)

Option 1: (paragraphs 1 to 4)

  1. A [mechanism][committee] [with differentiation between developed and developing country Parties][applicable to all Parties] to promote [[and address] compliance with] and facilitate implementation [of the provisions of this Agreement], which shall be expert-based, [facilitative] in nature and shall act in a manner that is transparent, non-punitive, non-adversarial [for developing country Parties][for all Parties], is hereby established. [It shall pay particular attention to the respective national capabilities and circumstances of Parties.]

  2. The objective of the [mechanism][Committee] referred to in paragraph 1 of this Article is:

Option 1: To promote and facilitate [and incentivize] effective implementation of [and compliance with] [Articles [3] [, 4, 6, 7, 8] and [9] of] this Agreement. Option 2: [To promote compliance][To address cases of non-compliance] by developed country Parties[, including through the development of an indicative list of consequences], taking into account the cause, type, degree and frequency of non-compliance and to facilitate implementation by developing country Parties through provision of adequate financial resources and transfer of technology.

  1. The [mechanism][Committee] shall report annually to the CMA and shall operate under modalities and procedures adopted by the CMA at its first session. The [mechanism][Committee] shall elaborate its rules of procedure, which shall be subject to approval by the CMA at its second session.

  2. [placeholder for text by Parties on composition]

Option II:

An International Tribunal of Climate Justice is hereby established to address cases of non-compliance with the commitments of developed country Parties on mitigation, adaptation, provision of finance, technology development and transfer, capacity-building, and transparency of action and support, including through the development of an indicative list of consequences, taking into account the cause, type, degree and frequency of non-compliance.

Option III:

No reference to facilitating implementation and compliance (no Article 11)

Article 12 (CMA)

  1. The Conference of the Parties, the supreme body of the Convention, shall serve as the meeting of the Parties to this Agreement.

  2. Parties to the Convention that are not Parties to this Agreement may participate as observers in the proceedings of any session of the Conference of the Parties serving as the meeting of the Parties to this Agreement. When the Conference of the Parties serves as the meeting of the Parties to this Agreement, decisions under this Agreement shall be taken only by those that are Parties to this Agreement.

  3. When the Conference of the Parties serves as the meeting of the Parties to this Agreement, any member of the Bureau of the Conference of the Parties representing a Party to the Convention but, at that time, not a Party to this Agreement, shall be replaced by an additional member to be elected by and from among the Parties to this Agreement.

  4. The CMA shall keep under regular review the implementation of this Agreement and shall make, within its mandate, the decisions necessary to promote its effective implementation. It shall perform the functions assigned to it by this Agreement and shall:

  5. Establish such subsidiary bodies as deemed necessary for the implementation of this Agreement;

  6. Exercise such other functions as may be required for the implementation of this Agreement.

  7. The rules of procedure of the Conference of the Parties and the financial procedures applied under the Convention shall be applied mutatis mutandis under this Agreement, except as may be otherwise decided by consensus by the CMA.

  8. The first session of the CMA shall be convened by the secretariat in conjunction with the first session of the Conference of the Parties that is scheduled after the date of entry into force of this Agreement. Subsequent ordinary sessions of the CMA shall be held in conjunction with ordinary sessions of the COP, unless otherwise decided by the CMA.

  9. Extraordinary sessions of the CMA shall be held at such other times as may be deemed necessary by the CMA or at the written request of any Party, provided that, within six months of the request being communicated to the Parties by the secretariat, it is supported by at least one third of the Parties.

  10. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State member thereof or observers thereto not party to the Convention, may be represented at sessions of the CMA as observers. Any body or agency, whether national or international, governmental or non-governmental, which is qualified in matters covered by this Agreement and which has informed the secretariat of its wish to be represented at a session of the CMA as an observer, may be so admitted unless at least one third of the Parties present object. The admission and participation of observers shall be subject to the rules of procedure referred to in paragraph 4(b) of this Article.

Article 13 (secretariat)

  1. The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Agreement.

  2. Article 8, paragraph 2, of the Convention on the functions of the secretariat, and Article 8, paragraph 3, of the Convention on arrangements made for the functioning of the secretariat shall apply mutatis mutandis to this Agreement. The secretariat shall, in addition, exercise the functions assigned to it under this Agreement and by the CMA.

Article 14 (sbsta and sbi)

  1. The Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation (SBI) established by Articles 9 and 10 of the Convention shall serve, respectively, as the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Agreement. The provisions of the Convention relating to the functioning of these two bodies shall apply mutatis mutandis to this Agreement. Sessions of the meetings of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Agreement shall be held in conjunction with the meetings of, respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of the Convention.

  2. Parties to the Convention that are not Parties to this Agreement may participate as observers in the proceedings of any session of the subsidiary bodies. When the subsidiary bodies serve as the subsidiary bodies of this Agreement, decisions under this Agreement shall be taken only by those that are Parties to this Agreement.

  3. When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise their functions with regard to matters concerning this Agreement, any member of the bureaux of those subsidiary bodies representing a Party to the Convention but, at that time, not a Party to this Agreement, shall be replaced by an additional member to be elected by and from among the Parties to this Agreement.

Article 15 (bodies and institutional arrangements to serve agreement)

  1. Subsidiary bodies or other institutional arrangements [and mechanisms] established by or under the Convention, in addition to those subsidiary bodies and institutional arrangements explicitly referred to in this Agreement, [shall] [may] serve this Agreement [unless otherwise decided by the CMA] [[upon a decision of the CMA]. [Such decision shall specify the functions to be exercised by such bodies or arrangements]].

  2. The CMA may provide further guidance to those subsidiary bodies and institutional arrangements [including the functions to be exercised by such bodies and institutional arrangements] [including for members of such bodies and institutional arrangements nominated by Parties to the Convention that are not Parties to this Agreement] [to the extent that these bodies and institutional arrangements serve this Agreement].

Article 16 (signature and instruments of ratification, acceptance, approval or accesssion)

  1. This Agreement shall be open for signature and subject to ratification, acceptance or approval by States and regional economic integration organizations that are Parties to the Convention. It shall be open for signature at the United Nations Headquarters in New York, the United States of America, from 22 April 2016 to 21 April 2017. Thereafter, the Agreement shall be open for accession from the day following the date on which it is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary;

  2. Any regional economic integration organization that becomes a Party to this Agreement without any of its member States being a Party shall be bound by all the obligations under this Agreement. In the case of regional economic integration organizations with one or more member States that are Parties to this Agreement, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Agreement. In such cases, the organization and the member States shall not be entitled to exercise rights under this Agreement concurrently.

  3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Agreement. These organizations shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of their competence.

Article 17 (further requirements and decision-making rights)

Option I:

  1. [A Party to the Convention shall [submit] [communicate] to the secretariat when it deposits its instrument of ratification, acceptance, approval or accession a nationally determined [mitigation] [contribution] [commitment] [in accordance with Article 2bis] in order to become Party to the Agreement. [The nationally determined [mitigation] [contribution] [commitment] shall be legally binding on that Party upon entry into force of this Agreement for that Party.]

Option II:

[No further requirement needed]

Article 18 (entry into force)

  1. This Agreement shall enter into force on the thirtieth day after the date on which at least [X] [50][55][100] [ the ¾] Parties to the Convention [including all Annex I Parties] [and] [or] [on which Parties to the Convention accounting for [55][60][70][X] per cent of total [net] global greenhouse gas emissions in [[date][1990][2000][2010][2012]] have deposited their instruments of ratification, acceptance, approval or accession [whichever occurs first, coming into effect not earlier than 1 January 2020]][.][, with such Parties to the Convention accounting for X per cent of total [net] global greenhouse gas emissions [in [date] [1990][2000][2010][2012]] [but not earlier than 1 January 2020].] [placeholder for starting and ending date of the Agreement]

  2. [For the purposes of paragraph 1 of this Article, “total global [net] greenhouse gas emissions” [of such Parties] means the [total global [net anthropogenic] greenhouse gas emissions [and removals] as estimated by the data set used by the Intergovernmental Panel on Climate Change in its Fifth Assessment Report for analysis of emissions trends][most up-to-date amount communicated on or before the date of adoption of this Agreement by the Parties to the Convention either in their national communications submitted in accordance with Article 12 of the Convention or in their biennial reports or biennial update reports submitted in accordance with decision 1/CP.16 of the Conference of the Parties].]

  3. For each State or regional economic integration organization that ratifies, accepts or approves this Agreement or accedes thereto after the condition[s] set out in paragraph 1 of this Article for entry into force [has] [have] been fulfilled, this Agreement shall enter into force on the thirtieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession.

  4. For the purposes of paragraph 1 of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by its member States.

Article 19 (AMENDMENTS)

  1. The provisions of Article 15 of the Convention on the adoption of amendments to the Convention shall apply mutatis mutandis to this Agreement.

  2. [Notwithstanding Article 19, paragraph 1, above a Party may propose an adjustment [[to] [enhance] the efforts expressed by its [mitigation commitment] inscribed in] Annex [A or B] [or] [X] to this Agreement. A proposal for such an adjustment shall be communicated to the Parties by the secretariat at least three months before the CMA at which it is proposed for adoption.]

  3. [An adjustment proposed by a Party [to enhance] the efforts expressed by its [mitigation commitment] inscribed in Annex [A or B] [or] [X] to this Agreement shall be considered adopted by the CMA unless more than three fourths of the Parties present and voting object to its adoption. The adopted adjustment shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties, and shall enter into force on 1 January of the year following the communication by the Depositary. Such adjustments shall be binding upon Parties.]

Article 20 (ANNEXES)

  1. Annexes to this Agreement shall form an integral part thereof and, unless otherwise expressly provided for, a reference to this Agreement constitutes at the same time a reference to any annexes thereto. Such annexes shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientific, technical, procedural or administrative character.

  2. The provisions of Article 16 of the Convention on the adoption and amendment of annexes to the Convention shall apply mutatis mutandis to this Agreement[, except in respect of the annex containing national determined mitigation commitments].

Article 21 (SETTLEMENT OF DISPUTES)

The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Agreement.

Article 22 (VOTING)

  1. Each Party shall have one vote, except as provided in paragraph 2 of this Article.

  2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States that are Parties to this Agreement. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

  3. [Without prejudice to the provisions of paragraph 3 of Article 15 of the Convention, the Parties shall make every effort to reach agreement on all matters by consensus. If such efforts to reach consensus have been exhausted and no agreement has been reached, a decision shall, as a last resort, be adopted by a three-fourths majority vote of the Parties present and voting.]

Article 23 (DEPOSITARY)

The Secretary-General of the United Nations shall be the Depositary of this Agreement.

Article 24 (RESERVATIONS)

No reservations may be made to this Agreement. [Placeholder for further text on reservation]

Article 25 (WITHDRAWAL)

  1. At any time after three years from the date on which this Agreement has entered into force for a Party, that Party may withdraw from this Agreement by giving written notification to the Depositary.

  2. Any such withdrawal shall take effect upon expiry of [one year from the date of receipt by the Depositary of the notification of withdrawal][the then current mitigation commitment of that Party, the Party having discharged itself from all duties connected to this commitment], or on such later date as may be specified in the notification of withdrawal.

  3. Any Party that withdraws from the Convention shall be considered as also having withdrawn from this Agreement.

Article 26 (LANGUAGES)

The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

[Placeholder for annexes]

  1. Overlaps with option b ↩

  2. Depending on the placeholder on 3.1, 3.2 or 3.3 and pending resolution on 2bis. ↩

  3. Note: some of the sub-items listed under features in October/November text taken up elsewhere in Article 3 or the agreement (eg link to global stocktake, environmental integrity)

    Note: some Parties suggested that some of the sub-items could be taken up in Article 9 Note: Flexibility for LDCs SIDS African States addressed elsewhere in art 3. ↩

  4. No decision as to whether {first communication} should be placed in agreement or decision has been taken. ↩

  5. Note: Ensure consistency with housing. ↩

  6. Note: Some Parties would like to reflect the need for NDMC* to be captured in an annex to the agreement at COP 21. Links to housing issue and Article 3, paragraph 2. ↩

  7. Housing issue dealt with separately. ↩

  8. Note: Current paragraphs that are captured in the decision text to remain there ↩

  9. {Other choices (accounting):

    Legal/ technical: CMA; COP; 1/CP.21 Inclusion of/ exclusion of: Land use, land-use change, forests, REDD-plus; Internationally transferred mitigation outcomes} ↩

  10. Potential elements of elaboration of the option:

    • Approval by the Parties involved
    • Transfer of units/outcomes
    • Standards for environmental integrity (footnote continues on next page)
    • Real, verified, permanent, additional
    • Accounted once/no double counting (also see the relevance of Article 3, paragraph 5, of the text of 5 October as well as Article 3, paragraph 10, option 1 and paragraph 37(g), option 1 of the decision)
    • Transparency, accuracy, completeness, comparability, consistency

    ↩

  11. Placeholder until agreement is reached on where support should be dealt-with ↩

  12. Noting that support for the implementation by developing country Parties of their mitigation actions is addressed under Article 6. ↩

  13. In all cases in the context of support, where it says “developed country Parties”, read “developed country Parties [and other Parties in a position to do so]” ↩

  14. In all cases in the context of support, where it says “developing country Parties” read “developing country Parties and other Parties in need of support, including countries with economies in transition”. ↩