On the ratification of the Kyoto Protocol to the United Nations Framework Convention on Climate Change

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Law of the Republic of Kazakhstan dated March 26, 2009 No. 144-IV

To ratify the Kyoto Protocol to the United Nations Framework Convention on Climate Change, signed in New York on March 12, 1999.

President of the Republic of Kazakhstan N. Nazarbayev

KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

The Parties to this Protocol, being Parties The United Nations Framework Convention on Climate Change, hereinafter referred to as the "Convention", in order to achieve the final objective of the Convention as set out in article 2, recalling the provisions of the Convention, guided by article 3 of the Convention, in accordance with the Berlin mandate adopted in decision 1/CP.1 of the Conference of the Parties to the Convention at its first session, we have agreed on the following:

Article 1

For the purposes of this Protocol, the definitions contained in article 1 of the Convention shall apply. In addition: 1. "Conference of the Parties" means the Conference of the Parties to the Convention. 2. "Convention" means the United Nations Framework Convention on Climate Change, adopted in New York on May 9, 1992. 3. "Intergovernmental Panel on Climate Change" means the Intergovernmental Panel on Climate Change, established jointly by the World Meteorological Organization and the United Nations Environment Programme in 1988. 4. "Montreal Protocol" means The Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on September 16, 1987, as subsequently amended and amended. 5. "Parties present and voting" means the Parties present and voting for or against. 6. "Party" means, unless the context otherwise requires, a Party to this Protocol. 7. "Annex I Party" means a Party included in Annex I to the Convention, as amended, or a Party that has submitted a notification in accordance with paragraph 2g of Article 4 of the Convention.

Article 2

1. Each Party included in Annex I, in fulfilling its quantified emission control and reduction obligations under Article 3, in order to promote sustainable development: (a) Implement and/or further develop, in accordance with its national circumstances, policies and measures such as: (i) improving energy efficiency in appropriate areas. sectors of the national economy; (ii) Protecting and improving the quality of greenhouse gas sinks and reservoirs not regulated by the Montreal Protocol, taking into account their obligations under relevant international environmental agreements; promoting sustainable forestry, afforestation and reforestation; (iii) Promoting sustainable forms of agriculture in the light of climate change considerations; (iv) Conducting research, promoting the introduction, development and wider use of new and renewable types of energy, carbon dioxide absorption technologies and innovative environmentally sound technologies; (v) Progressively reducing or eliminating market distortions, fiscal incentives, tax and duty exemptions, and subsidies contrary to the objective of the Convention in all source sectors greenhouse gas emissions, and the use of market instruments; (vi) Encouraging appropriate reforms in relevant sectors to facilitate the implementation of policies and measures that limit or reduce greenhouse gas emissions not regulated by the Montreal Protocol; (vii) measures to limit and/or reduce greenhouse gas emissions not regulated by the Montreal Protocol in transport; (viii) Limiting and/or reducing methane emissions through recovery and use in waste disposal, as well as in the production, transportation and distribution of energy; (b) Cooperate with other such Parties in order to enhance the individual and cumulative effectiveness of their policies and measures adopted under this Article, in accordance with paragraph 2e (i) of Article 4 of the Convention. To this end, these Parties are taking steps to disseminate their experiences and share information on such policies and measures, including developing ways to enhance their comparability, transparency and effectiveness. The Conference of the Parties serving as the meeting of the Parties to this Protocol, at its first session or thereafter, as soon as practicable, will consider ways to facilitate such cooperation, taking into account all relevant information. 2. The Parties included in Annex I shall strive to limit or reduce greenhouse gas emissions not regulated by the Montreal Protocol from the use of bunker fuels in air and sea transport, acting through the International Civil Aviation Organization and the International Maritime Organization, respectively. 3. The Parties included in Annex I shall endeavour to implement policies and measures in accordance with this Article in such a way as to minimize adverse effects, including the adverse effects of climate change, impacts on international trade and social, environmental and economic impacts on other Parties, in particular developing country Parties, in In particular, for those listed in paragraphs 8 and 9 of article 4 of the Convention, taking into account article 3 of the Convention. The Conference of the Parties serving as the meeting of the Parties to this Protocol may, as appropriate, take further action to facilitate the implementation of the provisions of this paragraph. 4. The Conference of the Parties serving as the meeting of the Parties to this Protocol, if it decides, taking into account different national circumstances and potential impacts, on the usefulness of coordinating any policies and measures provided for in paragraph 1a above, shall consider ways and means of establishing coordination of such policies and measures.

Article 3

1. The Parties included in Annex I, individually or jointly, shall ensure that their total anthropogenic emissions of greenhouse gases listed in Annex A, in terms of carbon dioxide, do not exceed the amounts assigned to them, calculated in accordance with their defined quantitative obligations to limit and reduce emissions set out in Annex B, and in accordance with the provisions of this article, in order to reduce their total emissions of such gases by at least five percent compared to 1990 levels during the commitment period from 2008 to 2012. 2. By 2005, each Party included in Annex I is making clear progress in meeting its obligations under this Protocol. 3. For each Annex I Party to meet its obligations under this Article, net changes in greenhouse gas emissions from sources and removals by sinks resulting directly from human activities in land-use change and forestry, limited since 1990 to afforestation, reforestation and deforestation, measured as verifiable changes in carbon stocks during each commitment period. Reports on emissions from sources and removals by sinks of greenhouse gases related to these activities shall be presented in a transparent and verifiable manner and reviewed in accordance with Articles 7 and 8.4. Prior to the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol, each Annex I Party shall submit data for consideration by the Subsidiary Body for Scientific and Technological Advice to establish its carbon storage levels in 1990 and to assess changes in its carbon storage in subsequent years. The Conference of the Parties serving as the meeting of the Parties to this Protocol, at its first session or thereafter, as soon as practicable, will decide on conditions, rules and guidelines on how and what additional human activities related to changes in emissions from sources and removals by sinks of greenhouse gases in The categories of changes in the use of agricultural land and in land use and forestry are added to the amounts established for the Parties included in Annex I., or deducted from them, taking into account uncertainties, transparency in reporting, verifiability, methodological work of the Intergovernmental Panel on Climate Change, consultations provided by the Subsidiary Body for Scientific and Technological Advice in accordance with Article 5, and decisions of the Conference of the Parties. This decision is applied in the second and subsequent commitment periods. A Party may decide to apply such a decision on these additional human activities in its first commitment period, provided that these activities have been taking place since 1990. 5. Annex I Parties undergoing the process of transition to a market economy, the base year or period for which was established pursuant to decision 9/CP.2 of the second session of the Conference of the Parties to the Convention, use this base year or period to implement their obligations under this article. Any other Annex I Party undergoing the process of transition to a market economy that has not yet submitted its first national communication under Article 12 of the Convention may also notify the Conference of the Parties serving as the meeting of the Parties to this Protocol that it intends to use a base year or period other than 1990. to fulfill its obligations under this article. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide whether to accept such notification. 6. Subject to paragraph 6 of Article 4 of the Convention, in fulfilling their obligations other than those under this Article, a certain degree of flexibility shall be provided by the Conference of the Parties serving as the meeting of the Parties to this Protocol to those Parties included in Annex I that are undergoing the process of transition to a market economy. 7. In the first period of certain quantified emission limitation and reduction commitments, from 2008 to 2012, the assigned amount for each Annex I Party is equal to the percentage of its net cumulative anthropogenic greenhouse gas emissions listed in Annex A, equivalent to carbon dioxide for 1990, or for the base year or period determined in accordance with paragraph 5 above, multiplied by five. Those Parties included in Annex I for which land-use changes and forestry were net sources of greenhouse gas emissions in 1990, for the purpose of calculating their assigned amounts, include in their emissions for the base year 1990 or for the base period the total anthropogenic emissions from sources in carbon dioxide equivalent less removals by sinks in 1990. as a result of changes in land use. 8. Each Annex I Party may use 1995 as the base year for hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride for the purposes of the calculation referred to in paragraph 7 above. 9. Obligations for subsequent periods for Parties included in Annex I are set out in amendments to Annex B to this Protocol, which are adopted in accordance with the provisions of paragraph 7 of Article 21. The Conference of the Parties serving as the meeting of the Parties to this Protocol will begin reviewing such commitments at least seven years before the end of the first commitment period referred to in paragraph 1 above. 10. Any emission reduction units or any part of the assigned amount that a Party purchases from another Party in accordance with the provisions of Article 6 or Article 17 shall be added to the assigned amount of the acquiring Party. 11. Any emission reduction units or any part of the assigned amount that a Party transfers to another Party in accordance with the provisions of Article 6 or Article 17 shall be deducted from the assigned amount of the transferring Party. 12. Any certified emission reduction units that a Party purchases from another Party in accordance with the provisions of Article 12 shall be added to the designated quantity of the acquiring Party. 13. If the emissions of a Party included in Annex I during a commitment period are less than the amount established for it under this Article, this difference shall, at the request of that Party, be added to the amount established by that Party for subsequent commitment periods. 14. Each Annex I Party shall endeavour to implement the obligations referred to in paragraph 1 above in a manner that minimizes adverse social, environmental and economic impacts on developing country Parties, in particular those listed in paragraphs 8 and 9 of Article 4 of the Convention. In accordance with the relevant decisions of the Conference of the Parties on the implementation of these paragraphs, the Conference of the Parties to the Convention serving as the meeting of the Parties to this Protocol, at its first session, will consider what actions need to be taken to minimize the adverse effects of climate change and/or the impact of response measures on the Parties listed in the above-mentioned paragraphs. Issues to be addressed include securing financing, insurance, and technology transfer.

Article 4

1. Any Parties included in Annex I that have reached an agreement on the joint implementation of their obligations under Article 3 shall be considered to have fulfilled these obligations, provided that their total combined anthropogenic greenhouse gas emissions listed in Annex A, in terms of carbon dioxide, do not exceed their assigned amounts calculated in accordance with their defined quantitative commitments to limit and reduce emissions as set out in Annex B and in accordance with the provisions of Article 3. The appropriate emission level to be established for each of the Parties to such an agreement is determined in this agreement. 2. The Parties to any such agreement shall notify the secretariat of the terms of the agreement on the date of deposit of their instruments of ratification, acceptance, approval or accession to this Protocol. The secretariat, in turn, informs the Parties and Signatories of the Convention about the terms of this agreement. 3. Any such agreement shall remain in force for the period of commitment specified in paragraph 7 of Article 3. 4. If the Parties acting jointly do so within or jointly with a regional economic integration organization, no change in the composition of that organization after the adoption of this Protocol shall affect existing obligations under this Protocol. Any change in the composition of the organization is applied only for the purposes of those obligations under Article 3 that were accepted after that change. 5. In the event that the Parties to such an agreement have not achieved their total cumulative emission reductions, each Party to this agreement is responsible for its own emission levels set out in this agreement. 6. If the Parties acting jointly do so within or jointly with a regional economic integration organization that is itself a Party to this Protocol, then each member State of such a regional economic integration organization separately and together with a regional economic integration organization acting in accordance with Article 24, in case of non-compliance with the total total reductions The level of emissions is responsible for its level of emissions, which has been notified in accordance with this article.

Article 5

1. Each Annex I Party shall establish, no later than one year before the start of the first commitment period, a national system for estimating anthropogenic emissions from sources and removals by sinks of all greenhouse gases not regulated by the Montreal Protocol. Guidelines for such national systems, which include the methodologies specified in paragraph 2 below, shall be adopted by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session. 2. Methodologies for estimating anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol are those adopted by the Intergovernmental Panel on Climate Change and approved by the Conference of the Parties to the Convention at its third session. When such methodologies are not used, appropriate adjustments shall be made in accordance with the methodologies approved by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session. Based on the work of, inter alia, the Intergovernmental Panel on Climate Change and consultations provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review such methodologies and adjustments and, where appropriate, revise them, taking fully into account any relevant decisions of the Conference of the Parties. Any revision of methodologies or adjustments is applied only for the purpose of establishing the fulfillment of obligations under Article 3 in respect of any commitment period following the said revision. 3. The global warming potentials used to convert anthropogenic emissions from sources and removals by sinks of greenhouse gases listed in Annex A into carbon dioxide equivalent are the potentials adopted by the Intergovernmental Panel on Climate Change and approved by the Conference of the Parties to the Convention at its third session. Based on the work of, inter alia, the Intergovernmental Panel on Climate Change and consultations provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review the global warming potential of each such greenhouse gas and, where appropriate, review them fully. Having regard to any relevant decisions of the Conference of the Parties. Any revision of the magnitude of a global warming potential applies only to the obligations under Article 3 for any commitment period following the said revision.

Article 6

1. For the purpose of fulfilling its obligations under Article 3, any Party included in Annex I may transfer to or purchase from any other such Party emission reduction units resulting from projects aimed at reducing anthropogenic emissions from sources or increasing removals by sinks of greenhouse gases in any sector of the economy, provided that: a) any such project has been approved by the Parties involved; (b) Any such project provides for a reduction in emissions from sources or an increase in removals by sinks, in addition to what would otherwise occur; (c) It does not acquire any emission reduction units if it does not comply with its obligations under Articles 5 and 7; and (d) the acquisition of emission reduction units complements domestic actions for the purpose of fulfilling obligations under Article 3. 2. The Conference of the Parties serving as the meeting of the Parties to this Protocol may, at its first session or thereafter, as soon as practicable, develop further guidelines for the implementation of this article, including for verification and reporting. 3. A Party included in Annex I may authorize legal entities to participate, under its responsibility, in actions leading to the receipt, transfer or acquisition of emission reduction units in accordance with this Article. 4. If, in accordance with the provisions of Article 8, an issue has been identified regarding compliance by a Party included in Annex I with the requirements set out in this Article, the transfer and acquisition of emission reduction units may continue after the issue has been identified, provided that no such units can be used by either Party to meet its obligations under Article 3 until the issue of compliance is resolved.

Article 7

1. Each Party included in Annex I shall include in its annual inventory of anthropogenic emissions from sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol, submitted in accordance with relevant decisions of the Conference of the Parties to the Convention, the necessary additional information determined in accordance with paragraph 4 below for the purposes of ensuring compliance with Article 3. 2. Each Party included in Annex I shall include in its national communication submitted pursuant to Article 12 of the Convention, as defined in paragraph 4 below, additional information necessary to demonstrate compliance with its obligations under this Protocol. 3. Each Annex I Party shall provide the information required under paragraph 1 above on an annual basis, starting with the first inventory to be submitted under the Convention, for the first year of the commitment period after the entry into force of this Protocol for that Party. Each such Party shall provide the information required under paragraph 2 above as part of the first national communication to be submitted under the Convention after the entry into force of this Protocol for it and after the adoption of the guidelines as provided for in paragraph 4 below. The frequency of subsequent submission of the information required under this article shall be determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol, taking into account any timetable for the submission of national communications adopted by the Conference of the Parties. 4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt, at its first session and periodically review thereafter, guidelines for the preparation of the information required under this Article, taking into account the guidelines adopted by the Conference of the Parties for the preparation of national communications from Parties included in Annex I. The Conference of the Parties serving as the meeting of the Parties to this Protocol also, before the beginning of the first budget commitment period, decides on the accounting procedure for the assigned amounts.

Article 8

1. Information provided in accordance with Article 7 by each Party included in Annex I shall be reviewed by expert review teams pursuant to relevant decisions of the Conference of the Parties and in accordance with guidelines adopted for this purpose by the Conference of the Parties serving as the meeting of the Parties to this Protocol, in accordance with paragraph 4 below. The information provided pursuant to paragraph 1 of Article 7 by each Annex I Party shall be considered as part of the annual compilation and accounting of emission inventories and assigned amounts. In addition, information provided pursuant to paragraph 2 of Article 7 by each Party included in Annex I shall be considered as part of the consideration of communications. 2. The expert review teams shall be coordinated by the secretariat and consist of experts selected from among candidates nominated by Parties to the Convention and, where appropriate, intergovernmental organizations, in accordance with guidelines adopted for this purpose by the Conference of the Parties. 3. As part of the review process, a thorough and comprehensive technical assessment of all aspects of the implementation of this Protocol by a Party is carried out. The expert review teams shall prepare a report for the Conference of the Parties serving as the meeting of the Parties to this Protocol, which provides an assessment of the Party's implementation of its obligations and identifies any potential problems and factors affecting the implementation of obligations. Such reports are distributed by the secretariat to all Parties to the Convention. The secretariat shall compile a list of implementation issues identified in such reports for further consideration by the Conference of the Parties serving as the meeting of the Parties to this Protocol. 4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt, at its first session and periodically review thereafter, guidelines for the review of the implementation of this Protocol by expert review teams, taking into account relevant decisions of the Conference of the Parties. 5. The Conference of the Parties serving as the meeting of the Parties to this Protocol, with the assistance of the Subsidiary Body for Implementation and, as appropriate, the Subsidiary Body for Scientific and Technological Advice, shall consider: (a) Information submitted by Parties in accordance with Article 7 and expert reports on its review conducted in accordance with this Article; and (b) Those implementation-related issues that have been listed by the secretariat in accordance with paragraph 3 above, as well as any issues raised by Parties. 6. After reviewing the information referred to in paragraph 5 above, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take decisions on any matters necessary for the implementation of this Protocol.

Article 9

1. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically review this Protocol in the light of the best available scientific information and assessments of climate change and its impacts, as well as relevant technical, social and economic information. Such reviews shall be coordinated with relevant reviews under the Convention, in particular those provided for under article 4, paragraph 2d, and article 7, paragraph 2a, of the Convention. On the basis of these reviews, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take appropriate decisions. 2. The first review shall take place at the second session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. Further reviews are conducted regularly and in a timely manner.

Article 10

All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, goals and conditions, without introducing new obligations for Parties not included in Annex I, but reaffirming existing obligations under paragraph 1 of Article 4 of the Convention and continuing to promote the implementation of these obligations for to achieve sustainable development, taking into account paragraphs 3, 5 and 7 of Article 4 of the Convention: (a) Formulate, when appropriate and as far as possible, Cost-effective national and, where appropriate, regional programmes to improve the quality of local emission indicators, activity data and/or models that reflect the socio-economic conditions of each Party, with a view to compiling and periodically updating national inventories of anthropogenic emissions from sources and removals by sinks of greenhouse gases not regulated by the Montreal Protocol, using comparable methodologies to be approved by the Conference of the Parties, and in accordance with the guidelines for the preparation of national communications adopted by the Conference of the Parties; (b) Formulate, implement, publish and regularly update national and, where appropriate, regional programmes providing for measures to mitigate the effects of climate change and measures to promote adequate adaptation to climate change: (i) Such programmes, in particular, They relate to the sectors of energy, transport and industry, as well as agriculture, forestry and waste disposal. In addition, adaptation to climate change can be improved through adaptation technologies and methods for improving spatial planning; (ii) The Parties included in Annex I shall provide information on actions under this Protocol, including national programmes, in accordance with Article 7.; and other Parties shall endeavour, as appropriate, to include in their national communications information on programmes providing for measures that, in the opinion of the Party concerned, contribute to addressing climate change and its adverse effects, including combating increased greenhouse gas emissions, as well as improving the quality of sinks and increasing removals by sinks, capacity-building and adaptation measures. measures; (c) Cooperate in promoting the creation of effective conditions for the development, application and dissemination of environmentally sound technologies, know-how, practices and processes related to climate change, and take all feasible steps to promote, facilitate and finance, as appropriate, the transfer of such technologies, know-how, practices and processes and access to them, especially for developing countries, including the development of policies and programmes for the effective transfer of environmentally sound technologies, which are owned by the State or are in the public domain, and creating an enabling environment for the private sector to promote and expand the transfer of environmentally sound technologies and access to them; (d) Cooperate in scientific and technological research and contribute to the preservation and development of systematic observation systems and data archives to reduce uncertainties related to the climate system, the adverse effects of climate change and the economic and social consequences of various response strategies, as well as encourage the development and strengthening of domestic capacities and opportunities to participate in international and intergovernmental efforts, programmes and networks in the field of scientific research and systematic observation, Having regard to article 5 of the Convention; (e) Take measures for cooperation and encouragement at the international level, using existing bodies, where appropriate, in the development and implementation of education and training programmes, including strengthening national capacities, in particular human and organizational resources, and exchanging staff or seconding staff to train experts in this field, especially for developing countries, as well as promote public awareness and public access to information on climate change at the national level. Acceptable conditions for carrying out these activities within the framework of the relevant Convention bodies shall be developed taking into account Article 6 of the Convention; (f) include in their national communications information on programmes and activities implemented pursuant to this Article in accordance with relevant decisions of the Conference of the Parties; and (g) in implementing obligations under this Article, take fully into account paragraph 8 Article 4 of the Convention.

Article 11

1. In implementing Article 10, the Parties shall take into account the provisions of paragraphs 4, 5, 7, 8 and 9 of Article 4 of the Convention. 2. In the context of the implementation of paragraph 1 of Article 4 of the Convention, in accordance with the provisions of paragraph 3 of Article 4 and Article 11 of the Convention and through the body or bodies entrusted with the management of the financial mechanism of the Convention, developed country Parties and other developed Parties included in Annex II to the Convention: (a) Provide new and additional financial resources to cover all agreed costs incurred by developing country Parties in advancing the implementation of obligations under paragraph 1a of Article 4 of the Convention, (a) Article 10; and (b) also provide such financial resources, including for technology transfer, as are necessary for developing country Parties to cover all agreed additional costs associated with advancing the implementation of obligations under paragraph 1 of Article 4 of the Convention covered by Article 10 and agreed between the Party; a developing country, and an international body or bodies referred to in article 11 of the Convention, in accordance with that article. In meeting these existing commitments, the need for an adequate and predictable flow of funds and the importance of appropriate burden sharing among developed country Parties are taken into account. The guidelines for the body or bodies charged with managing the financial mechanism of the Convention contained in relevant decisions of the Conference of the Parties, including those agreed prior to the adoption of this Protocol, shall apply mutatis mutandis to the provisions of this paragraph. 3. Developed country Parties and other developed Parties included in Annex II to the Convention may also provide, and developing country Parties may receive, financial resources for the implementation of Article 10 through bilateral, regional and other multilateral channels.

Article 12

1. The clean development mechanism is hereby defined. 2. The purpose of the clean development mechanism is to assist non-Annex I Parties in achieving sustainable development and contributing to the ultimate objective of the Convention, and to assist Annex I Parties in meeting their quantified emission control and reduction obligations under Article 3. 3. Under the clean development mechanism: a) Non-Annex I Parties benefit from project activities resulting in certified emission reductions; and (b) Annex I Parties may use certified emission reductions from such project activities to facilitate compliance with part of their quantified emission reduction and control obligations under Article 3 as determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol. 4. The Clean Development Mechanism shall be subject to and guided by the instructions of the Conference of the Parties serving as the meeting of the Parties to this Protocol and shall be governed by the executive board of the clean development mechanism. 5. Emission reductions resulting from each type of project activity are certified by operational bodies to be designated by the Conference of the Parties serving as the meeting of the Parties to this Protocol on the basis of: (a) Voluntary participation approved by each participating Party; (b) The real, measurable, and long-term benefits associated with climate change mitigation; and (c) emission reductions additional to any reductions that might occur in the absence of a certified project activity. 6. The Clean Development Mechanism provides assistance in organizing, as necessary, financing of certified project activities. 7. The Conference of the Parties serving as the meeting of the Parties to this Protocol, at its first session, shall establish conditions and procedures to ensure transparency, effectiveness and accountability through independent audit and verification of project activities. 8. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall ensure that part of the proceeds from certified project activities are used to cover administrative costs, as well as to assist developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting adaptation costs. 9. Private and/or public entities may participate in the clean development mechanism, including in the activities mentioned in paragraph 3a above and in the acquisition of certified emission reductions, and such participation is carried out in accordance with any guidance that the executive board of the clean development mechanism may provide. 10. Certified emission reductions achieved between 2000 and the start of the first commitment period can be used to help ensure compliance during the first commitment period.

Article 13

1. The Conference of the Parties, the highest body of the Convention, shall act as the meeting of the Parties to this Protocol. 2. Parties to the Convention that are not Parties to this Protocol may participate as observers in any session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. When the Conference of the Parties acts as the meeting of the Parties to this Protocol, decisions regarding this Protocol shall be taken only by the Parties to this Protocol. 3. When the Conference of the Parties serves as the meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a Party to the Convention that is not currently a Party to this Protocol shall be replaced by an additional member elected by the Parties to this Protocol from among them. 4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review the implementation of this Protocol and take, within its mandate, decisions necessary to facilitate its effective implementation. It shall perform the functions assigned to it under this Protocol and: (a) Assess, on the basis of all information provided to it in accordance with the provisions of this Protocol, the implementation of this Protocol by the Parties, the overall effect of measures taken pursuant to this Protocol, in particular the environmental, economic and social effects, as well as their cumulative impact and degree of progress towards achieving the objective of the Convention; (b) Periodically review the obligations of the Parties under this Protocol, taking due account of any reviews required under Article 4, paragraph 2d, and Article 7, paragraph 2, of the Convention, in the light of the purpose of the Convention, the experience gained in its implementation, and the evolution of scientific and technical knowledge, and in this regard review and adopt regular reports on the implementation of this Protocol. Protocol; (c) Facilitate and facilitate the exchange of information on measures taken by Parties to address climate change and its impacts, taking into account the differing conditions, responsibilities and capabilities of the Parties and their respective obligations under this Protocol; (d) Facilitate, at the request of two or more Parties, the coordination of measures taken by them to address climate change climate change and its consequences, taking into account the differences in conditions, responsibilities and capabilities of the Parties and their respective obligations under this Protocol; (e) Encourages and guides, in accordance with the purpose of the Convention and the provisions of this Protocol, and taking fully into account relevant decisions of the Conference of the Parties to the Convention, the development and periodic refinement of comparable methodologies for the effective implementation of this Protocol, to be approved by the Conference of the Parties serving as the meeting of the Parties to this Protocol; (f) Makes recommendations on any issues that are necessary for the implementation of this Protocol; (g) Take measures to mobilize additional financial resources in accordance with paragraph 2 of article 11; (h) Establish such subsidiary bodies as are required for the implementation of this Protocol; (i) Request and use, where appropriate, the services and cooperation of competent international organizations and intergovernmental and non-governmental bodies and information provided by them; and (j) Perform such other functions as may be necessary for the implementation of this Protocol and consider any tasks resulting from a decision of the Conference of the Parties. 5. The rules of procedure of the Conference of the Parties and the financial procedures applied under the Convention shall apply mutatis mutandis to this Protocol, unless the Conference of the Parties serving as the meeting of the Parties to this Protocol may decide otherwise by consensus. 6. The Secretariat shall convene the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol at the same time as the first session of the Conference of the Parties scheduled after the date of entry into force of this Protocol. Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held annually and simultaneously with the ordinary sessions of the Conference of the Parties, unless the Conference of the Parties serving as the meeting of the Parties to this Protocol decides otherwise. 7. Extraordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be convened when the Conference of the Parties serving as the meeting of the Parties to this Protocol deems it necessary, or at the written request of either Party, provided that, within six months after the secretariat sends this request to the Parties, it is supported by at least less than one third of the Parties. 8. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any member State of such organizations or observers to them that are not Parties to the Convention, may be represented at sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol as observers. Any bodies or institutions, whether national or international, governmental or non-governmental, that have competence in matters within the scope of this Protocol and that have informed the secretariat of their desire to be represented at the session of the Conference of the Parties serving as the meeting of the Parties to this Protocol as an observer, may be allowed to participate in it., except in cases where at least one third of the Parties present object to this. The admission and participation of observers are governed by the rules of procedure, as provided for in paragraph 5 above.

Article 14

1. The secretariat established in accordance with article 8 of the Convention shall act as the secretariat of this Protocol. 2. Paragraph 2 of article 8 of the Convention on the Functions of the Secretariat and paragraph 3 of article 8 of the Convention on the Organization of the Functioning of the Secretariat shall apply mutatis mutandis to this Protocol. In addition, the secretariat shall perform the functions assigned to it under this Protocol.

Article 15

1. The Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation, established in accordance with articles 9 and 10 of the Convention, shall act respectively as the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for the Implementation of this Protocol. The provisions concerning the functioning of these two bodies in accordance with the Convention shall apply mutatis mutandis to this Protocol. Sessions of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for the Implementation of this Protocol shall be held in conjunction with meetings of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for the Implementation of the Convention, respectively. 2. Parties to the Convention that are not Parties to this Protocol may participate as observers in any session of the subsidiary bodies. When subsidiary bodies act as subsidiary bodies of this Protocol, decisions regarding this Protocol shall be taken only by those Parties that are Parties to this Protocol. 3. When the subsidiary bodies established in accordance with articles 9 and 10 of the Convention perform their functions with respect to matters related to this Protocol, any member of the bureau of these subsidiary bodies representing a Party to the Convention that is not currently a Party to this Protocol shall be replaced by an additional member who shall be elected by the Parties to this Protocol from among them.

Article 16

The Conference of the Parties serving as the meeting of the Parties to this Protocol will consider, as soon as practicable, applying to this Protocol the multilateral consultative process referred to in Article 13 of the Convention and modifying this process, if necessary, in the light of any relevant decisions that may be taken by the Conference of the Parties. Any multilateral consultative process that may apply to this Protocol shall be without prejudice to the procedures and mechanisms established in accordance with article 18.

Article 17

The Conference of the Parties shall determine the relevant principles, conditions, rules and guidelines, in particular for the verification, reporting and accounting of emissions trading. Parties included in Annex B may participate in emissions trading for the purpose of fulfilling their obligations under Article 3. Any such trade complements domestic actions for the purpose of fulfilling certain quantified emission control and reduction obligations under this Article.

Article 18

The Conference of the Parties serving as the meeting of the Parties to this Protocol, at its first session, shall adopt appropriate and effective procedures and mechanisms for identifying and responding to cases of non-compliance with the provisions of this Protocol, including by developing an indicative list of consequences, taking into account the cause, type, degree and frequency of non-compliance. Any procedures and mechanisms under this article that have binding consequences shall be adopted by amending this Protocol.

Article 19

The provisions of article 14 of the Dispute Settlement Convention shall apply mutatis mutandis to this Protocol.

Article 20

1. Any Party may propose amendments to this Protocol. 2. Amendments to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the Meeting of the Parties to this Protocol. The Secretariat shall communicate to the Parties the text of any proposed amendment to this Protocol at least six months before the meeting at which it is proposed for adoption, and the Secretariat shall also communicate the text of any proposed amendments to the Parties and Signatories to the Convention and, for information, to the Depositary. 3. The Parties shall make every effort to reach agreement on any proposed amendment to this Protocol by consensus. If all efforts aimed at reaching consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, be adopted by a three-fourths majority vote of the Parties present and voting at the meeting. The secretariat shall communicate the text of the adopted amendment to the Depositary, who shall forward it to all Parties for adoption. 4. The instruments of acceptance of the amendment shall be deposited with the Depositary. An amendment adopted in accordance with paragraph 3 above shall enter into force for those Parties that have accepted it on the ninetieth day after the date of receipt by the Depositary of an instrument of acceptance from at least three quarters of the Parties to this Protocol. 5. The amendment shall enter into force for any other Party on the ninetieth day after the date of deposit by that Party with the Depositary of its instrument of acceptance of the said amendment.

Article 21

1. The annexes to this Protocol form an integral part of it, and, unless expressly provided otherwise, a reference to this Protocol shall at the same time constitute a reference to any annexes thereto. Any annexes adopted after the entry into force of this Protocol are limited to lists, forms or any other descriptive materials that relate to scientific, technical, procedural or administrative issues. 2. Any Party may make proposals for the adoption of an annex to this Protocol and may propose amendments to annexes to this Protocol. 3. Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The secretariat shall communicate to the Parties the text of any proposed annex or any proposed amendment to the annex at least six months before the meeting at which they are proposed for adoption. The secretariat shall also communicate the text of any proposed annex or any proposed amendment to the annex to the Parties and Signatories to the Convention and, for information, to the Depositary. 4. The Parties shall make every effort to reach agreement on any proposed annex or on any proposed amendment to the annex by consensus. If all efforts aimed at reaching consensus have been exhausted and no agreement has been reached, the annex or amendment to the annex shall, as a last resort, be adopted by a three-fourths majority vote of the Parties present and voting at the meeting. The secretariat shall communicate the text of the adopted annex or the adopted amendment to the annex to the Depositary, who shall forward it to all Parties for adoption. 5. An annex or amendment to an annex other than Annexes A and B that have been adopted in accordance with paragraphs 3 and 4 above shall enter into force for all Parties to this Protocol six months after the date on which the Depositary notifies such Parties of the acceptance of this annex or the amendment to the annex, with the exception of those Parties that during this period, they notified the Depositary in writing of their non-acceptance of this annex or this amendment to the annex. The annex or amendment to the annex shall enter into force for the Parties that cancel their notification of non-acceptance on the ninetieth day after the date of receipt by the Depositary of the notification of cancellation of such notification. 6. If the adoption of an annex or an amendment to an annex is related to an amendment to this Protocol, such annex or amendment to the annex shall not enter into force until the amendment to this Protocol enters into force. 7. Amendments to Annexes A and B to this Protocol shall be adopted and enter into force in accordance with the procedure set out in Article 20, provided that any amendment to Annex B is adopted only with the written consent of the affected Party.

Article 22

1. Except as provided in paragraph 2 below, each Party shall have one vote. 2. Regional economic integration organizations shall participate in voting on matters within their competence with a number of votes equal to the number of their member States that are Parties to this Protocol. Such an organization shall not exercise the right to vote if any of its member States exercises its right, and vice versa.

Article 23

The Secretary-General of the United Nations shall perform the functions of the Depositary of this Protocol.

Article 24

1. This Protocol is open for signature and is subject to ratification, acceptance or approval by States and regional economic integration organizations that are Parties to the Convention. It is open for signature at United Nations Headquarters in New York from March 16, 1998 to March 15, 1999. This Protocol shall be opened for accession on the day following the date of its closure for signature. The 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 Protocol, but none of its member States is a Party, shall bear all obligations arising from this Protocol. In the case of such organizations where one or more Member States are Parties to this Protocol, the organization and its member States shall decide on their respective responsibilities for fulfilling their obligations under this Protocol. In such cases, the organization and its member States may not simultaneously exercise the rights under this Protocol. 3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall declare the extent of their competence with respect to matters governed by this Protocol. These organizations also inform the Depositary, who in turn informs the Parties of any significant changes within their competence.

Article 25

1. This Protocol shall enter into force on the ninetieth day after at least 55 Parties to the Convention, including Annex I Parties, which together account for at least 55 per cent of the total carbon dioxide emissions of Annex I Parties for 1990, have deposited their instruments on ratification, acceptance, approval or accession. 2. For the purposes of this article, "total carbon dioxide emissions of Annex I Parties for 1990" means the amount that Annex I Parties declared on the date of adoption of this Protocol or earlier in their first national communications submitted pursuant to Article 12 of the Convention. 3. For each State or regional economic integration organization that ratifies, accepts, approves or accedes to this Protocol after meeting the conditions for its entry into force in accordance with paragraph 1 above, this Protocol shall enter into force on the ninetieth day after the date of deposit of their instruments of ratification, acceptance, approval or accession.. 4. For the purposes of this article, no document deposited by a regional economic integration organization shall be considered as additional to the documents deposited by the member States of this organization.

Article 26

Reservations to this Protocol are not allowed.

Article 27

1. At any time after three years from the date of entry into force of the Protocol for a Party, that Party may withdraw from the Protocol by sending a written notification to the Depositary. 2. Any such withdrawal shall take effect one year after the date of receipt by the Depositary of the notification of withdrawal, or at such later date as may be specified in the notification of withdrawal. 3. Any Party that withdraws from the Convention shall also be deemed to have withdrawn from this Protocol.

Article 28

1. The original of this Protocol, 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.

DONE at Kyoto on the eleventh day of December, one thousand nine hundred and ninety-seven. IN WITNESS WHEREOF, the undersigned, duly authorized thereto, have affixed their signatures to this Protocol on the specified dates.

Appendix A

Greenhouse gases Carbon dioxide (CO2 ) Methane (CH 4 ) Nitrous oxide (N2O) Hydrofluorocarbons (HFCs) Perfluorocarbons (PFCs) Sulfur hexafluoride (SF 6 ) Sectors/categories of sources and sinks Energy industry Fuel burning Energy industry Manufacturing and construction Transport and other sectors Other Leaks during fuel extraction and transportation Solid fuels Oil and natural gas Other Industrial processes Mining industry products Chemical industry Metallurgy and other industries Production of halogenated carbon compounds and sulfur hexafluoride Consumption of halogenated carbon compounds and sulfur hexafluoride Other Use of solvents and other products Agriculture Intestinal fermentation Cleaning, storage and use of manure Rice production Agricultural lands Managed by pal savannah Incineration of agricultural waste in fields Other Wastes Solid waste disposal in the ground Wastewater treatment Waste incineration Other

Appendix B

Quantified commitments to limit or reduce emissions

Party (as a percentage of the base year or period)

Australia 108 Austria 92 Belgium 92 Bulgaria* 92 Hungary* 94 Germany 92 Greece 92 Denmark 92 European Community 92 Ireland 92 Iceland 110 Spain 92 Italy 92 Canada 94 Latvia* 92 Lithuania* 92 Liechtenstein 92 Luxembourg 92 Monaco 92 Netherlands 92 New Zealand 100 Norway 101 Poland* 94 Portugal 92 Russian Federation* 100 Romania* 92 Slovakia* 92 Slovenia* 92

Quantified commitments to limit or reduce emissions

Party (as a percentage of the base year or period)

United Kingdom 92 of Great Britain and Northern Ireland 93 of the United States of America Ukraine* 100 Finland 92 France 92 Croatia* 95 Czech Republic* 92 Switzerland 92 Sweden 92 Estonia* 92 Japan 94

* The parties that carry out the process of transition to a market economy.

I hereby certify that this text is a true copy from a certified copy of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done in Kyoto on December 11, 1997.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan N. Sakenov

President

Republic of Kazakhstan

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