Category: Legal Alert

 

Bearing in mind the issues of the AAUs carry-over, the LULUCF, offset credits and other flexible mechanisms are currently the “hot topics” and are burdened with far-reaching economical consequences, let’s see what expressions in that regard the environment ministers were able to agree in the official document adopted at the last meeting.

 

 

Environment Council meeting taking place on 10 October 2011 adopted conclusions as regards the preparations for the 17th session of the Conference of the Parties (COP 17) to the United Nations Framework Convention on Climate Change (UNFCCC) and the 7th session of the Meeting of the Parties to the Kyoto Protocol (CMP 7) in Durban 28 November - 9 December 2011.

 

Taking into account that the language of the diplomacy is very subtle and is subject to its own rules I decided to quote the adequate passages of the Council document in verbatim version:

 

on AAUs carry-over

 

“REITERATES that the surplus of AAUs could affect the environmental integrity of the Protocol if it is not addressed appropriately; EMPHASISES that this issue must be addressed in a non discriminatory manner, treating EU and non-EU countries equally; in this context, PROPOSES to introduce for consideration of the CMP options analysed and agreed in the EU in order to deliver a solution on the use and carry-over of AAUs in a second commitment period under the Kyoto Protocol that maintains an ambitious level of environmental integrity and preserves incentives for overachievement,”

 

on LULUCF

 

“STRESSES the need for a robust LULUCF accounting framework to be adopted at the Durban Conference; REITERATES its position on a LULUCF accounting framework as contained in its March 2011 conclusions and the information contained in the EU submission on forest management reference levels of 17 May 2011 to the UNFCCC; WELCOMES the results of the UNFCCC review of the forest management reference levels submitted by Parties,”

 



on flexible mechanisms

 

“UNDERLINES the importance of ensuring the continuation of the flexible mechanisms of the Kyoto Protocol, while improving them, and of the establishment of new sectoral or other scaled-up market-based mechanisms at the Durban Conference, in order to achieve ambitious global mitigation objectives cost-effectively and to drive low-carbon investments, while ensuring environmental integrity and contributing to sustainable development.

 

...

 

REITERATES the importance of establishing new sectoral or other scaled-up market-based mechanisms at the Durban Conference in order to enhance the cost-effectiveness of, and to promote, mitigation actions while contributing to sustainable development; PROPOSES to establish a new market-based mechanism for developing countries consisting of a common core set of rules and procedures at the international level allowing differentiated forms of implementation, namely crediting and trading; STRESSES that the use of this mechanism should be fully accounted for, as part of a rigorous, robust and transparent common accounting framework in order to track progress against targets, avoid double-counting and provide a credible framework for global carbon trading; REITERATES its view that, in light of the creation of sector-specific mechanisms, an orderly transition to such mechanisms is needed in order to provide clarity to investors and ensure the continuing stability of the market,”

 

on international aviation and maritime transport

 

“RECALLS the need to address and resolve aspects that were not adequately covered by the Cancún Agreements, in particular international aviation and maritime transport ...”.

 

I’m afraid that it doesn’t follow much from all this and the only real conclusion could be that the situation, in particular relating to AAUs carry-over  and LULUCF, is still unclear as it was before.