Draft Agreement 9 Dec 2015

*This is an updated version of the 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

• Draft agreement and draft decision on workstreams 1 and 2 of the Ad Hoc Working Group on the Durban Platform for Enhanced Action
• Preamble
• Article 1 (definitions)
• Article 2 (purpose)
• Article 2bis (general)
• Article 3 (mitigation)
• [Article 3bis] (REDD-plus)
• [Article 3ter] (mechanism to support sustainable development)
• Article 4 (adaptation)
• Article 5 (loss and damage)
• Article 6 (finance)
• Article 7 (technology development and transfer)
• Article 8 (capacity-building)
• Article 8 bis
• Article 9 (transparency)
• Article 10 (global stocktake)
• Article 11 (facilitating implementation and compliance)
• Article 12 (CMA)
• Article 13 (secretariat)
• Article 14 (sbsta and sbi)
• Article 15 (bodies and institutional arrangements to serve agreement)
• Article 16 (signature and instruments of ratification, acceptance, approval or accesssion)
• Article 18 (entry into force)
• Article 19 (AMENDMENTS)
• Article 20 (ANNEXES)
• Article 21 (SETTLEMENT OF DISPUTES)
• Article 22 (VOTING)
• Article 23 (DEPOSITARY)
• Article 24 (RESERVATIONS)
• Article 25 (WITHDRAWAL)
• Article 26 (LANGUAGES)

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, 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 established 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, and reaffirming that responses to climate change should aim to meet the specific needs and concerns arising from the adverse impacts of response measures,

Taking account of the specific needs of developing country Parties, and especially those that are particularly vulnerable to climate-related events,

Also taking account of the specific needs and special situations of the least developed country (LDC) Parties as set out in Article 4, paragraph 9, of the Convention, and the specific circumstances of small island developing States (SIDS),

Emphasizing the need to respond to the urgent threat of climate change on the basis of the best availablescientific knowledge, in particular, the assessment reports of the Intergovernmental Panel on Climate Change,

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 evolving economic and emission trends, which will continue to evolve post-2020,

Emphasizing the importance of Parties promoting, protecting and respecting all human rights, the right to health, and the rights of indigenous peoples, migrants, children, persons with disabilities and people in vulnerable situations and under occupation, and the right to development, in accordance with their obligations, as well as promoting gender equality and the empowerment of women, when taking action to address climate change,

Noting the needs and integrity of terrestrial ecosystems, oceans and Mother Earth,

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

Recognizing the fundamental priority of safeguarding food security and ending hunger, and the particular vulnerabilities of food production systems to the adverse impacts of climate change,

Also recognizing the importance of the conservation and enhancement, as appropriate, of sinks and reservoirs of greenhouse gases referred to in Article 4, paragraph 1(d), of the Convention, including through internationally agreed approaches,

Affirming the importance of education, training, public awareness, public participation and public access to information and cooperation at all levels on the matters addressed in this Agreement, and recognizing the importance of engagements of all levels of government and various actors, in accordance with respective national legislations of Parties, in addressing climate change,

Have agreed as follows:

Article 1 (definitions)

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

Article 2 (purpose)

1. The purpose of this Agreement is to [enhance the implementation of the Convention and to achieve its objective][further implement the objective of the Convention set out in its Article 2 [through enhanced action, cooperation and support]] so as:

   1. To hold the increase in the global average temperature to

      Option 1: below 2 °C above pre-industrial levels,

      Option 2: well below 2°C above pre-industrial levels [and to [rapidly] scale up global efforts to limit temperature increase to below 1.5 °C] [,while recognizing that in some regions and vulnerable ecosystems high risks are projected even for warming above 1.5 °C],

      Option 3: below 1.5°C above pre-industrial levels, taking into account the best available science, equity, sustainable development, the need to ensure food security and the availability of means of implementation, by ensuring deep reductions in global greenhouse gas [net] emissions;

   2. To 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. To pursue sustainable development in a manner that fosters climate resilience and low greenhouse gas emissions, and that does not threaten food production and distribution;

   4. To make finance flows consistent with a pathway towards low-emission and climate-resilient development, in the context of sustainable development priorities and efforts to eradicate poverty.

2. This Agreement will be implemented on the basis of equity and in accordance with the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances and on the basis of respect for human rights.

Article 2bis (general)

Option 1:

1. All Parties shall undertake efforts defined in Articles 3, 4, 6, 7, 8 and 9 towards achieving the purpose of this Agreement as set out in its Article 2, and communicate such efforts in accordance with the provisions of this Agreement. Over time such efforts will represent a progression taking into account Parties different national circumstances and development stages while recognizing that the extent of the efforts taken by developing country Parties will depend on the extent of support they receive.

2. Subsequent efforts will be informed by the results of the global stocktake as defined in Article 10, and represent a progression taking into account Parties’ common but differentiated responsibilities and respective capabilities, in light of different national circumstances.

Option 2:

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] 3 [towards achieving the [purpose of this Agreement as set out in Article 2 of the Convention] [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 of the Convention] and communicated before the expiry of the previous [intended] nationally determined contribution by the Party concerned.]

Article 3 (mitigation)

1. Collective long-term goal

   Option 1: Parties collectively aim to reach the global temperature goal referred to in Article 2 through [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; rapid reductions thereafter to [40–70 per cent][70–95 per cent] below 2010 levels by 2050; toward achieving net zero greenhouse gas emissions [by the end][after the middle] of the century] informed by best available science, on the basis of equity and in the context of sustainable development and poverty eradication.

   Option 2: Parties collectively aim to reach the global temperature goal referred to in Article 2 through a longterm global low emissions [transformation toward [climate neutrality][decarbonization]] over the course of this century informed by best available science, on the basis of equity and in the context of sustainable development and poverty eradication.

2. Individual efforts

   Each Party shall regularly prepare, communicate [and maintain][successive] ###4 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 ###].

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: Each Party that has previously communicated absolute economy wide emissions reduction or limitation targets should continue to do so and all Parties should aim to do so over time.

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

4. Flexibility

   LDCs [and SIDS][and African states] may communicate their ### at their discretion, including information on strategies, plans and actions for low greenhouse gas development, reflecting their special circumstances.

5. Support

   Option 1: 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 in complying with their obligations under this Article.

   Option 2: Developing country Parties 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.

6. Progression/ambition

   Each Party’s successive ### [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, in light of different national circumstances].

7. Information

   [In communicating their ###, all Parties shall provide the information necessary for the clarity, transparency and understanding in accordance with decision 1/CP.21 and any subsequent decisions of the CMA].

8. Timing

   Parties shall communicate an ### every five years in accordance with decisions of the CMA being informed by the outcomes of the global stock take referred to in Article 10.

9. The CMA shall decide on common timeframes for ####, no later than its [X] session.

10. Adjustments

    A Party may at any time adjust its existing ### with a view to enhancing its level of ambition [, in accordance with the simplified adjustment procedure referred to in Article 19, paragraph 3].

11. Housing

    The ### communicated by Parties shall be recorded [in an online registry maintained by the secretariat][in Annex [X] to this Agreement].

12. Accounting

    Parties shall [track progress towards][account for] their ###. In [tracking progress towards][accounting for] their ###, Parties shall promote environmental integrity, transparency, accuracy, completeness, comparability and consistency, and ensure the avoidance of double counting, in accordance with guidance adopted by the CMA.

13. Methods and guidance

    In the context of their ###, when recognizing and implementing mitigation actions with respect to anthropogenic emissions and removals, Parties [may draw from and build on] [shall take into account], as appropriate, existing methods and guidance, under the Convention and from the IPCC as adopted by the COP.

    Response measures

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

14. [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.

15. Parties agree to enhance actions under this Agreement, including through strengthening institutional arrangements, and to 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.]

    REIOs

16. Parties, including regional economic integration organisations and their member States, that have reached an agreement to [implement their ###s jointly] [act under Article 3, paragraph 2, jointly], shall notify the secretariat of the terms of the agreement, including the emission level allocated to each Party within the relevant time period, at the time when they communicate their ###s. The secretariat shall in turn inform the Parties and signatories to the Convention of the terms of this Agreement.

17. [In the event of failure by the] [Each] Part[y] [ies] to such an agreement [to achieve their common ###s], each party to that agreement] shall be responsible for its emission level as set out in that agreement in accordance with paragraph [14] above and Articles [9] and [11].

18. If Parties [implementing their ###s jointly] [acting jointly]do so in the framework of, and together with, a regional economic integration organization which 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 common ###s,] be responsible for its emission level as set out in the agreement notified under paragraph (1) in accordance with paragraph [14] above and Articles [9] and [11].

19. If Parties [implementing] [acting] jointly do so in the framework of, and together with, a regional economic integration organization, any alteration in the composition of the organization shall not affect existing ###s and shall only apply for the purposes of those ###s that are communicated subsequent to the alteration.

    Cooperative approaches

    [Parties shall, where engaging on a voluntary basis in cooperative approaches that involve the use of internationally transferred mitigation outcomes towards ###, promote sustainable development and environmental integrity and apply robust accounting to ensure, inter alia, the avoidance of double counting, in accordance with guidance adopted by the CMA.]

20. Long-term strategies

    All Parties should voluntarily formulate and communicate long-term low-emission development strategies

[Article 3bis] (REDD-plus)

1. Parties are encouraged to conserve and enhance, as appropriate, sinks and reservoirs of GHG as referred to in Article 4 paragraph 1(d) of the Convention.

2. Parties are encouraged to incentivize,[including by scaling up resources] the reduction of emissions from deforestation and forest degradation and to promote the conservation and sustainable management of forests and enhancement of forest carbon stocks in developing countries, while enhancing the non-carbon benefits; and to support alternative policy approaches, such as joint mitigation and adaption approaches for the integral and sustainable management of forests, including alleviating poverty and building ecosystem resilience, in accordance with previous COP decisions related to forests.

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

Proposed Mechanism 1

1. [A mechanism to support sustainable development [in developing country Parties] is hereby established under the authority and guidance of the CMA, shall be supervised by a body designated by the CMA, and shall aim to:

   1. Promote sustainable development [in developing country Parties];
   2. Incentivise and facilitate participation in mitigation action by public and private entities under the responsibility of a Party;
   3. Enhance mitigation ambition by [developing country] Parties [, by incentivising supplementary voluntary climate action, beyond their ###];
   4. Deliver, where desired by participating Parties, a net decrease in, or avoidance of, emissions;
   5. Assist Parties [with a ### reflecting an absolute target in relation to a base year] to fulfil their ###, through the use of mitigation outcomes from mitigation activities [in developing country Parties];
   6. Ensure environmental integrity, including by ensuring that such mitigation shall not be claimed more than once, in accordance with guidance adopted by the CMA pursuant to Article [3, paragraph 14].]

2. [The CMA shall ensure that a share of the proceeds from activities under the mechanism are used to cover administrative expenses as well as to assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation.]

3. [The CMA shall adopt modalities and procedures for this mechanism at its first session.]

Proposed Mechanism 2

1. [A mechanism is hereby established to support holistic and integrated approaches to sustainable development in harmony with nature, to be available to assist [developing country] Parties in fulfilling their ###, 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, shall be supervised by a body designated by the CMA, and shall aim to:
   1. Enhance mitigation and adaptation ambition and the provision or mobilization of public financing, technology transfer and capacity building, in an integrated manner for climate action;
   2. Enhance mitigation and adaptation ambition and the provision or mobilization of public financing, technology transfer and capacity building, in an integrated manner for climate action;
   3. 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;
   4. Fully respect mitigation contributions of participating Parties to ensure that the global mitigation effort is not undermined.
2. The CMA shall adopt modalities and procedures for the mechanism at its first session.]

Article 4 (adaptation)

1. Parties hereby establish the global goal 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 contributing to sustainable development [and ensuring adaptation in the context of the goal of holding the increase in the global average temperature below [2 degrees C][[2 or] 1.5 degrees C referred to in Article 2].

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.

3. Adaptation efforts of developing countries shall be recognized, in accordance with the modalities to be adopted by the CMA at its first session.

4. Parties recognize the need for adaptation regardless of the level of mitigation reached, that greater levels of mitigation can reduce the need for additional adaptation efforts, [and] that greater adaptation needs involve greater adaptation costs[ and that greater rates and magnitude of climate change increase the likelihood of exceeding adaptation limits].

5. 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 peoples knowledge and local knowledge systems, with a view to integrating adaptation into relevant socioeconomic and environmental policies and actions, where appropriate.

6. Parties recognize the importance of support and international cooperation 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 the least developed countries (LDCs) and small island developing States (SIDS)].

7. Parties should strengthen their cooperation for enhancing action on adaptation, taking into account the Cancun Adaptation Framework, including with regard to:

   1. Sharing information, good practices, experiences and lessons learned, including, as appropriate, as these relate to the 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 and the provision of technical support and guidance to the Parties;
   3. Strengthening scientific knowledge on climate, including research, systematic observation of the climate system and early warning systems, in a manner that informs climate services and supports decisionmaking;
   4. Assisting developing country Parties [[and other countries] in need] to identify effective adaptation practices, adaptation needs, priorities, support provided and received for adaptation actions and efforts, and challenges and gaps, in a manner consistent with encouraging good practices;
   5. Improving the effectiveness and durability of adaptation actions.

8. Encourages United Nations specialized organizations and agencies to support the efforts of Parties to implement the actions referred to in paragraph 7 of this Article, taking into account the provisions of paragraph 5 of this Article.

9. Each Party shall, as appropriate, 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. Implementation of adaptation actions, undertakings and/or efforts;
   2. The process to formulate and implement national adaptation plans;
   3. Assessment of climate change impacts and vulnerability, with a view to formulating nationally determined prioritized actions, taking into account vulnerable people, places and ecosystems;
   4. Monitoring and evaluation 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.

10. Each Party shall, as appropriate, submit an adaptation communication, which may include its priorities, support needs, plans and actions.

11. The adaptation communication referred to in paragraph 10 of this Article shall be, as appropriate, submitted and updated independently, or as a component of or in conjunction with other communications, including a national adaptation plan, a[n intended] nationally determined contribution referred to in Article [3, paragraph 2][2 bis.] of this Agreement, and/or a national communication.

12. Developing country Parties [[and other countries ]in need] shall receive continuous and enhanced international support for the implementation of paragraphs 9 to 11 of this Article, in accordance with the provisions of Articles 6, 7 and 8 of this Agreement.

13. There shall be a global stocktake on adaptation every 5 years, consistent with the global stocktake referred to in Article 10, and guided by modalities to be adopted by the CMA at its first session, with the purpose of:

    1. Recognizing and enhancing the implementation of adaptation action based on the adaptation communication referred to in paragraph 10 of this Article;
    2. Assessing the adequacy and effectiveness of support for adaptation;
    3. Reviewing the overall progress in achieving the global goal on adaptation referred to in paragraph 1 of this Article.

Article 5 (loss and damage)

Option I: The following text to be included as Article 5 (Loss and Damage)

Option II:: The following text to be part of Article 4 alongside adaptation provision

1. [The Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts shall serve this Agreement.

2. Upon the completion of its review at the twenty-second session of the COP,9 the Warsaw International Mechanism shall be subject to the authority and guidance of the CMA and supported through the Financial Mechanism of the Convention.

3. A climate change displacement coordination facility shall be established under the [Warsaw International Mechanism][CMA] to help coordinate efforts to address climate change induced displacement, migration and planned relocation.

4. A process to develop approaches to address irreversible and permanent damage resulting from human-induced climate change will be initiated under the [Warsaw International Mechanism][CMA] with a view to completing this process within four years.]

Article 6 (finance)

Directional goal

1. Developed country Parties shall provide [new,] [additional,] [adequate,] [predictable,] [accessible,] [sustained] and [scaled-up] financial resources to assist developing country Parties with respect to both mitigation and adaptation. Other Parties may on a voluntary, complementary basis, provide resources to developing countries, including through South-South cooperation initiatives.

Mobilization

1. Option 1: All Parties shall take action to mobilize, and/or facilitate the mobilisation of, climate finance from a wide variety of sources, public and private, bilateral and multilateral, including additional sources, as well as through facilitative policy frameworks, in line with their respective and evolving responsibilities and capabilities, with developed country Parties taking the lead, noting the significant role of public funds. [Some Parties may need support in order to take action.]

   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, led by developed country Parties, 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.

Mainstreaming

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

Scale

1. Option 1: The mobilization of climate finance [shall][should] 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 with clearly identified pathways to annual expected levels of available resources 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, and in line with needs and priorities identified by developing country Parties in the context of contributing to the achievement of the purpose as defined in Article 2 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 paragraphs 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.

Balance mitigation – adaptation

1. The provision of scaled-up financial resources should 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 LDCs, SIDS, and Africa], considering the need for public and grant-based resources for adaptation.

Loss and damage

1. 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.

Communication

1. Option 1: [Developed country] Parties [and other developed Parties included in Annex II] [shall][should] [periodically][biennially] communicate [relevant, indicative] information on [the [provision] [and mobilization] [and implementation] of [financial resources][support to developing countries], 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].

   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 paragraphs X-Y, as appropriate.

Stocktake

1. The stocktake shall take into account available information by [developed country] Parties and Agreement bodies on efforts related to climate finance. {Note: Pending outcome of discussions on Article 10}

MRV

1. Transparent, complete, consistent, comparable, and accurate information on support for developing country Parties provided, mobilized through public interventions and received shall [regularly][biennially] be provided by [X] in accordance with the modalities, procedures and guidelines to be adopted at the CMA, at its first session, as stipulated in Article 9, paragraph 8. {Note: pending outcome of Article 9}

Financial Mechanism

1. The Financial Mechanism of the Convention, including its operating entities, shall serve as the financial mechanism of this Agreement.

2. The CMA shall provide guidance to the entities entrusted with the operation of the Financial Mechanism of the Convention on the policies, programme priorities and eligibility criteria related to this Agreement, through the COP.

Access

1. The Financial Mechanism of the Convention, and its operating entities, serving the Agreement shall aim to ensure efficient access to support for developing country Parties.

2. [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}

Note: A joint submission was received from Turkey and Ukraine for Art 2.bis “Parties with special circumstances have been recognized by the COP and other Parties that are undergoing the process of transition to market economy, shall have access to financial support, including for the transfer of technology, under the Agreement to enhance implementation of the policies and strategies in relation to climate change for action.

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 technology for the implementation of mitigation and adaptation actions under this Agreement and recognizing existing deployment and dissemination efforts, [shall][should] strengthen cooperative action [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. Parties share a long-term vision on the importance of fully realizing technology development and transfer in order to improve resilience to climate change and to reduce greenhouse gas emissions.

3. A technology framework is hereby established to provide overarching guidance to the work of the Technology Mechanism in promoting and facilitating enhanced action on technology development and transfer in order to support the implementation of this Agreement, in pursuit of the long-term vision referred to in paragraph 2 of this Article.

4. Accelerating, encouraging and enabling innovation is critical for an effective, long-term global response to climate change and providing affordable and reliable energy access and promoting economic development. Such effort shall be supported, as appropriate, by the Technology Mechanism and Financial Mechanism of the Convention, for research and development, collaborative approaches, and [meeting the cost of the transfer of][facilitating access to] technology, in particular for early stages of the technology cycle, to developing countries.

5. The Technology Mechanism shall serve this Agreement.

6. Developing country Parties are eligible for support in the implementation of this Article.

7. [In accordance with Article 4, paragraphs 3[ and 5][, 5 and 9], of the Convention,] [developed country] [All] Parties [and other Parties included in Annex II to the Convention] shall provide support, including financial support, for strengthening cooperative action on technology development and transfer and for the implementation of the technology framework through the Technology Mechanism and the Financial Mechanism. [The overall implementation of the commitments will be assessed periodically through a global stocktake in accordance with Article 10 of this Agreement.] Parties shall regularly communicate the progress in implementing the provision of support [in a measurable, reportable and verifiable manner] [in accordance with Articles 6 and 9 of this Agreement].

Article 8 (capacity-building)

1. Capacity-building under this Agreement should enhance the capacity and ability of [countries] [developing country Parties, in particular countries with the least capacity, such as LDCs and SIDS and African countries [,in accordance with the principles and provisions of the Convention]] to take effective climate change action, including, inter alia, to implement adaptation and mitigation actions, and facilitate technology development, dissemination and deployment, access to climate finance, relevant aspects of education, training and public awareness, and the 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 developing country Parties,] 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.

3. All Parties should cooperate to enhance the capacity of developing country Parties to implement this Agreement. Developed country Parties should enhance support for actions for capacity-building in developing countries.

4. All Parties enhancing the capacity of developing country Parties to implement this Agreement, including through regional, bilateral and multilateral approaches, shall regularly communicate on these actions or measures on capacity-building. Developing country Parties shall regularly communicate progress made on implementing capacity-building plans, policies, actions or measures to implement this Agreement. {Note: pending on Article 9}

5. Capacity-building activities shall be enhanced through appropriate institutional arrangements to support the implementation of this Agreement, including the appropriate institutional arrangements established under the Convention that serve this Agreement [to the extent that they serve this Agreement]. The CMA shall decide on the initial institutional arrangements for capacity-building at its first session.

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 framework, 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: 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. The modalities, procedures and guidelines referred to in paragraph 8 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 avoid placing undue burden on Parties and the secretariat.

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 anthropogenic emissions by sources and removals by sinks 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 {insert the relevant phrase from outcome of Article 3.2} and achieving individual Parties’ respective mitigation {insert the relevant phrase from outcome of Article 3.2} under Article 3;
   5. Provide clarity on Parties’ adaptation actions under Article 4, including good practices, priorities, needs and gaps.
5. The purpose of the framework for transparency of support is to:
   1. Provide a clear understanding of the support provided and received by relevant individual Parties in the context of climate change actions under Articles 3 and 4;
   2. Achieve, to the extent possible, a full overview of aggregate financial support provided, to inform the global stocktake under Article 10;
   3. Ensure clarity and tracking of progress made in providing support in accordance with Articles 6, 7 and 8;
   4. Ensure clarity and tracking of progress made in providing support in accordance with Articles 6, 7 and 8;
   5. Ensure the avoidance of double counting of financial resources provided.
6. Each Party shall regularly provide the following information in accordance with guidelines referred to in paragraph 6 of this Article:
   1. Its national inventory of anthropogenic emissions by sources and removals by sinks of greenhouse gases;
   2. Projections of anthropogenic emissions by sources and removals by sinks of greenhouse gas;
   3. Progress made towards achieving individual Parties’ respective mitigation {insert the relevant phrase from outcome of Article 3.2} under Article 3 including information specific to type of {insert the relevant phrase from outcome of Article 3.2};
   4. Climate change impacts and actions taken to build resilience and reduce vulnerability, and progress on adaptation actions under Article 4;
   5. Support provided and received, as relevant, including specific information required under Article 6.13, 6.14, 7 and 8.

7. Option 1: The information provided by each Party as required under this Article shall be subject to a technical expert review, in accordance with guidelines and procedures adopted by the CMA, with additional flexibility to be given to LDCs and SIDS. The review shall provide a thorough, objective and comprehensive technical assessment of the Party’s implementation and achievement of its nationally determined mitigation {insert the relevant phrase from outcome of Article 3.2} and other requirements of the Agreement, analyze the extent to which the Parties reporting is in line with the guidelines adopted by the CMA, and identify any areas for improvement in reporting and possible capacity building, in consultation with the Party concerned. The technical expert review shall be carried out by an expert review team that shall produce a report, to be consulted with the Party concerned, for publication by the secretariat and consideration by the CMA. The report shall identify any issues related to compliance in accordance with Article 11. A multilateral and facilitative examination shall consider the information above.

   Option 2: All information provided by developed country Parties, and shall be reviewed through a robust technical review process followed by a multilateral assessment process, and result in a conclusion with consequences for compliance; All the information provided by developing country Parties should be analyzed through a technical analysis process followed by a multilateral facilitative sharing of views, result in a summary report, in a manner that is nonintrusive, non-punitive and respectful of national sovereignty, according to the level of support received from developed country Parties.

8. The CMA shall, at its first session, building on experience from the arrangements related to transparency 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. 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 form part of the experience drawn upon for the development of modalities, procedures and guidelines under paragraph 8 of this Article.

10. Support shall be provided to developing countries for the implementation of paragraphs 6 and 7 of this Article.

11. Developed country Parties shall provide support to developing country Parties in the implementation of this Article. {to be revised pending global solution in Article 6}

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

Article 10 (global stocktake)

1. The CMA shall periodically take stock of the implementation of this Agreement to assess the collective progress towards achieving the purpose of this Agreement and its long-term goals. It shall do so in a comprehensive and facilitative manner, considering mitigation, adaptation and the means of implementation and support, and in light of the best available science [and equity].

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

3. The outcome of the stocktake shall guide and inform Parties in updating and enhancing their actions and support, in a nationally determined manner, in accordance with the relevant provisions of this Agreement, as well as in enhancing international cooperation for climate action.

Article 11 (facilitating implementation and compliance)

1. A mechanism to facilitate implementation of [and promote compliance with] the provisions of this Agreement is hereby established.

2. The mechanism referred to in paragraph 1 of this Article shall consist of a committee that shall be expert-based and facilitative in nature and function in a manner that is transparent, non-adversarial, and non-punitive. The committee shall pay particular attention to the respective national capabilities and circumstances of Parties.

3. The committee shall operate under modalities and procedures adopted by the CMA at its first session and report annually to the CMA.

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; and

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 5 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 established by or under the Convention, other than those referred to in this Agreement, shall serve this Agreement upon a decision of the CMA. The CMA 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 from 22 April 2016 to 21 April 2017. Thereafter, this 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 18 (entry into force)

1. This Agreement shall enter into force on the thirtieth day after the date on which at least [50][60] Parties to the Convention have deposited their instruments of ratification, acceptance, approval or accession [, but not earlier than 1 January 2020].]

2. For each State or regional economic integration organization that ratifies, accepts or approves this Agreement or accedes thereto after the condition set out in paragraph 1 of this Article for entry into force has 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.

3. 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. 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.

3. [An adjustment proposed by a Party [to enhance] the efforts expressed by its [mitigation commitment] inscribed in Annex [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 it 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.

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.

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.

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, 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 Annex X]