Tag: legal

Midweek MRV

Halfway through the meeting in Panama, ECO would like to present an assessment of progress made thus far. Overall, ECO is happy to note that Parties are very busy preparing and discussing text.  There are still potential storm clouds on the horizon for Durban, however ECO hopes that by the end of this week Parties can get agreement on producing a set of decision text that can narrow the remaining political differences and lay the groundwork for important steps forward in Durban. While not comprehensive, here is ECO’s take on some of the issues under discussion here this in Panama.
Substantive discussions on issues related to legal architecture have percolated up in Panama - including in the LCA informal group on Legal Options (despite Saudi Arabia's best efforts to squelch those discussions).  But there is clearly no meaningful convergence on these issues, and the process lacks a forum for having the cross cutting dialogue necessary to ensure coherent outcomes of the two tracks in Durban.  While outside the main talks here, the Mexico-PNG proposal to address voting procedures is a welcome attempt to focus attention on improving the efficiency of the UNFCCC process.
On the pathetically low levels of developed country ambition – Parties have shown signs that they are at least at step one: recognising they have a problem.   ECO hopes that Parties can come up with a clear process on how to address the gigatonne gap in Durban and happy to see there are some proposals on the table.
On the LULUCF issue being addressed in the Kyoto Protocol track, ECO applauds the principle put forward by the G77 this week in its proposal to treat natural disturbances using a statistical approach. ECO is waiting to see if this new proposal will also be transparent, robust and conservative.  On the other hand, the implications of New Zealand’s proposal for “flexible land use” raises significant concerns that this could wreck other parts of the LULUCF accounting rules and has the potential to cause further damage if used in REDD.
The opening informal on finance kicked off with clashes over whether to negotiate the Standing Committee or long-term finance (scaling up 2013-2020 finance as well as sources).  After Bonn, ECO anticipated that Parties would finally agree to focus on long-term finance.  But it didn’t take long for disappointment to take hold as the US, other umbrella group members and even some EU countries refused to discuss text  – with the US insisting that responsibility lies with individual parties to determine how they will reach the $100bn Cancun commitment.  If that’s the case, ECO thinks the US should be made to say what their plan is! Chief among the innovative finance sources that should be addressed is bunkers, where a decision under sectoral approaches to guide the International Maritime Organization to design a carbon pricing instrument taking into account the principle of CBDR would be a significant outcome in Durban.
Discussions on the scope and modalities of the 2013-15 Review happily included an IPCC briefing on the scope and timing of its Fifth Assessment Report and how its findings could contribute to the review process.   ECO urges Parties to creatively design and adopt at Durban a three-year work program that creates an ‘upward spiral of ambition’.
ECO welcomes that views on the Adaptation Committee became clearer during the last few days and that more and more Parties are considering ways that civil society can be an active part of the committee. But in the next three days, nothing less than draft decision text will do -- especially as seven other critical issues on adaptation remain to be addressed in Durban.
The technology facilitator has shown commendable initiative in developing draft decision text. However, the first reading of the text throws into relief the developed countries’ attempts to thwart progress by bracketing various critical elements and options essential for operationalizing the Technology Mechanism by 2012. ECO urges parties to ratchet up the speed of drafting decision text through pointed discussion around critical issues and ensuring that the Cancun Agreement timelines for operationalizing the technology mechanism are met.
Finally, ECO is pleased that negotiators are intensively addressing the myriad issues involved on MRV, including ICA, IAR, and biennial reports, that text is being developed, and that NGO participation in the IAR process is under serious consideration.  Similar consideration, though should be given to such participation in the ICA process.  

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CAN Submission - LCA Agenda Proposal - April 2011

 

LCA

This process must deliver concrete action to ambitiously address the climate change challenge. We need an agenda and a work plan to deliver on that by Durban.
The agenda discussions are important because they frame what countries want to, and will be able to, achieve in Durban.


CAN agrees with the sentiment expressed by many countries in the LCA opening last night, including EU, Australia, Norway, AOSIS, Singapore, Egypt, Chile on behalf of a number of Latin American countries, Pakistan, Philippines and China that we should use 2011 to BOTH implement the Cancun Agreements AND fill in the gaps that clearly resolve the issues that address the challenge of climate change (gigatonne gap, finance sources and others) that remain. This is easily possible by merging the various proposals for agendas as outlined below .
The priority issues for 2011 are italicised under the relevant heading.  Where time allows, additional issues can be addressed in 2011. Issues that parties have agreed to address in other agendas (such as SB) should be focused there.


1.    Opening of the session

2.    Organisational matters
a.    Adoption of the agenda
b.    Organisation of the work of the session

3.    Preparation of an outcome to be presented to the Conference of the Parties for adoption at its seventeenth session to enable the full, effective and sustained implementation of the Convention through long-term cooperative action now, up to and beyond 2012.

3.1 a shared vision for long-term cooperative action
    a) Global goal for emission reductions and global peaking
[Item 3 of the supplementary provisional agenda]

3.2 Mitigation
a) Registry
[Item 7 of the supplementary provisional agenda]

3.2.1 Mitigation commitments or actions by developed country Parties
a) Work programme on enhanced measurement, reporting and verification for Parties included in Annex I to the Convention
[Item 5 of the supplementary provisional agenda]

b) Quantified economy-wide emission reduction targets to be implemented by Parties included in Annex I to the Convention.
[Item 4bis of the supplementary provisional agenda]

c) Options and ways to increase the level of ambition of developed country Party economy-wide emission reduction targets
[Item 17(c) of the supplementary provisional agenda]

3.2.2 Nationally appropriate mitigation actions by developing country Parties
a) Work programme on enhanced measurement, reporting and verification for Parties not included in Annex I to the Convention
[Item 6 of the supplementary provisional agenda]

b) Nationally appropriate mitigation actions to be implemented by Parties not included in Annex I to the Convention.
[Item 4ter of the supplementary provisional agenda]

3.2.3 Policy approaches and positive incentives on issues relating to reducing emissions from deforestation and forest degradation in developing countries; and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries
a) Financing options for the full implementation of mitigation action in the forest sector
[Item 8 of the supplementary provisional agenda]

3.2.4 Cooperative sectoral approaches and sector-specifc actions, in order to enhance the implementation of article 4.1.c of the Convention

3.2.5 Various approaches to enhance cost effectiveness of mitigation actions

Combined sub-items for 3.2.4 and 3.2.5:
a) Market-based and non-marked-based mechanisms
[Item 11 of the supplementary provisional agenda]
    
b) Agriculture
[Item 17(d) of the supplementary provisional agenda]

3.3 Enhance action on adaptation
    a) Adaptation Committee
[Item 4 of the supplementary provisional agenda]

3.4 Enhanced action on technology development and transfer
Arrangements to fully operationalize the Technology Mechanism
[Item 12 of the supplementary provisional agenda]

3.5 Capacity Building
[Item 13 of the supplementary provisional agenda]

3.6 Enhanced action on the provision of financial resources and investment
a)    Standing Committee
[Item 9 of the supplementary provisional agenda]

b)    Scaled-up, new and additional, predictable and adequate funding to developing countries,in accordance with paragraph 97 of the Cancun Agreements
[Item 9 of the supplementary provisional agenda]

c) Review of information provided by developed countries on the resources provided to fulfil fast-start finance commitments
[Item 17(b) of the supplementary provisional agenda]

4.    Review: further definition of its scope and development of its modalities
[Item 14 of the supplementary provisional agenda]

5.    Legal options for an agreed outcome with the continued mandate of the AWGLCA
[Item 16 of the supplementary provisional agenda]

6.    Other matters
a) International aviation and maritime transport;
[Item 17c of the supplementary provisional agenda]

b) any other matters

7.    Work Programme 2011
CAN expects Bangkok to agree a detailed work programme for 2011, containing
-    the number of sessions this year;  
-    What issues will be dealt with and when;
-    Number, timing and content of technical workshops;
-    Invitations for submissions from Parties and observers;
-    Technical papers, etc.

8.    Report of the session
 

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High Time for 
Bold Moves on Legal Form

Today, Parties are expected to consider the numerous proposals for a new legally binding instrument under the Convention as well as proposed amendments to the Kyoto Protocol in the COP and CMP Plenaries, respectively.
ECO remembers that last year this discussion caused quite a fuss. In the end, the consideration of legal form was relegated to informal consultations on the basis that Parties had not had sufficient time to consider proposals and . . . well, we all know how Copenhagen ended.
Now Parties have had a full year to consider the proposals that have been tabled – a year when the impacts of climate change over and over again made themselves apparent with Pakistani floods, Russian forest fires, Chinese landslides, and Caribbean islands inundated by hurricanes.  
It’s high time to get serious about climate change action and discuss these proposals in an open and transparent manner.
Parties should establish a Contact Group to do so rather than putting the 
issue to bed again (as they did in Copenhagen) by referring it to informal consultations.
While ECO is painfully aware that Parties will not be concluding a fair, ambitious and legally binding deal to save the planet here in Cancun, it’s time to 
reaffirm that this is what we are aiming for.
Moving toward deciding on the legal form is possible, necessary and will enable more effective negotiations in the lead up to South Africa.
Last year, ECO headlined Tuvalu’s insistence on a legal form Contact Group as ‘A Bold Move in Darker Times’.
We would really love to have a headline here in Cancun saying, ‘A Bold Move By All Parties in Sunnier Times’.  
And delegates, if you’re up for it, you can make the first bold move forward right here, right now.

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A Question of Balance

 

Eco is confused.  There seem to be a number of different definitions of ‘balance’, a word that has become high fashion in the halls of the Tianjin conference centre.  

But what is balance?  Is it ‘allow me’ or ‘after you’?  There have been a range of so-called ‘balanced options’ put forth in these negotiations.  A lot of times, though, it seems to be more about sequencing than balancing.  Some examples:

• Transparency before Finance

• Architecture before Ambition

• Higher Ambition before NAMAs

• Kyoto before LCA

• Rules before Targets

Instead, ‘balance’ should mean getting something you want, but also something of what you don’t want, in order to move forward.  But consider other comparisons that are also coming into play, such as:

• Profits before Science

• Coal before Floods

ECO would like to gently remind Parties that if one ‘balances’ the actions on climate change actually taken recently by countries against the number of major climate impacts felt this year, the scales do not tip in favour of an outcome that resembles any sort of equilibrium. 

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Walking the KP Talk

 

ECO often chastises parties for too much talk and not enough action. However, yesterday’s vexed AWG-KP contact group on legal matters showed that sometimes refusing to talk blocks forward progress. If we are ever going to secure a second commitment period of the Kyoto Protocol – the only legally binding targets and timetables within reach – countries will need to talk about the legal steps to get there.

Therefore, we just don’t understand the refusal of the African Group, Bolivia, Brazil, China, India and Saudi Arabia to discuss legal matters in the KP (well, we do understand the Saudis and we simply don’t agree). Such inflexibility makes a second KP commitment period that much harder to secure.  

ECO has heard many developing countries say they don’t want to kill the KP, and we surely want it to live too.  In fact, lessons from the first commitment period ought to be reflected in amendments that make it even stronger.  Inserting numbers in an Annex is crucial, but should not be the totality of the discussion.  Let the legal talks and ambitious emission cuts begin!

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Crunch time in Copenhagen

As delegates return to the Bella Center today, they are joined by ministers and subsequently by heads of state/government. What issues should they focus on to achieve a fair, ambitious, binding and timely deal? ECO is glad you asked, because we have some very clear suggestions.

Mitigation: On Saturday AOSIS again drew attention to the threat to survival for many small island states and LDCs. They are not playing negotiating games.  When they push for 45% cuts by developed countries on 1990 levels by 2020 they are defining their right to survive above water.

And yet as we enter the second week of negotiations, developed country pledges for 2020 emission cuts in aggregate remain desperately low.  Ecofys and Climate Analytics put the total cuts at a dismal 8-12% on 1990 levels. Once loopholes such as dodgy LULUCF accounting and hot air are taken into account, this could end up as a 4% increase on 1990 emissions.

This low ambition has not been helped by the EU. It could have sent a positive signal to the talks by raising their target at their leaders summit, potentially starting a chain reaction of raised ambition among other developed countries. But no, the EU dodged its opportunity to lead at this key moment.

Not only are targets a problem. Countries continue to bicker over the widely accepted baseline of 1990, there is still no clarity on the straightforward issue of a five-year commitment period, nor on a scientific review clause by 2015 at the latest, to be informed by the IPCC’s fifth assessment report.

So ECO draws the attention of all developed country ministers and heads of state/government to the real challenge before them.  They must raise their targets, close the loopholes, agree on a 1990 base year and five-year commitment periods, and impose an early scientific review. For small island states and other poor and vulnerable countries this is non-negotiable as it is surely a matter of survival.

Adaptation: The unavoidable loss and damage from climate change must be adequately addressed, since it is a result of developed countries failure to mitigate in the past. Greenwashing must not sacrifice the most vulnerable.

Hence, adaptation is a crucial element of the Copenhagen agreement. Recalling in-depth studies by the World Bank, UNFCCC and others, ECO wants to see at least US$50 billion annually for adaptation in developing countries in the next commitment period, increasing to US$100 billion by 2020. The delivery of this finance must be measured, reported and verified. It must be additional to development aid commitments and not current commitments repledged over and over again. The existing Adaptation Fund should play an important role in the delivery of this finance and also as part of fast-track action.

As developing countries implement adaptation, ECO expects they will give priority to the people and communities most at risk from climate change.

Finance:  Last week saw the unveiling of a variety of proposals from both developed and developing countries. This is a welcome display of initiative at a time when that is sorely needed, but ECO would like to emphasise two important points.

First, kick-start finance must come as a part of a long term, legally binding agreement to reach the figure of US$195 billion per year by 2020. This amount must be additional to ODA commitments if it is to contribute effectively to sustainable development.

Second, this funding should flow through a consolidated fund under the authority of and fully accountable to the COP.  Direct access to funding and accountability to those most affected by climate change are also essential. Once again clarity is needed on accountability to the COP and the role that affected communities will play in the suggested proposals.

Last week also saw renewed enthusiasm for innovative sources of finance, with the spotlight focusing on fossil fuel subsidy shift, special drawing rights and financial transactions taxes. This shows a useful concentration of minds; but these ideas still need to be transformed from policy concepts into workable text.

And speaking of text, ECO reminds Parties that bunkers are already in the negotiating text with US$25-37 billion per year of reliable and sustainable financing waiting to be picked up by 2020. It’s a good moment for this to gain further momentum among the Parties. While we are at it, why not include some provisions for AAUs auctioning?

Legal Matters: In the first week, legal form issues have taken center stage with Tuvalu taking the lead, and new drafts provided by both Chairs. ECO welcomes the emerging consensus that both AWG tracks are moving towards legally binding text. Time is tight, so Parties must be willing to work seriously with the text that they have. Ministers and heads of state/government must then step in to resolve contentious issues. Early progress this week must occur to raise the prospects of reaching a full agreement on substance and legal form here in Copenhagen.

It is crunch time and these are the core issues that should occupy your minds this week. Success or failure on these questions will not only determine whether an agreement can be reached, it may determine your legacy.

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