1st Meeting of the Parties serving as the Conference of Parties to 
the Kyoto Protocol and 11th Conference of the Parties to the UN 
Framework Convention on Climate Change  -  Issue #8 

EARTH NEGOTIATIONS BULLETIN <[EMAIL PROTECTED]>
PUBLISHED BY THE INTERNATIONAL INSTITUTE FOR 
SUSTAINABLE DEVELOPMENT (IISD) <http://www.iisd.org>

Written and edited by:

Alexis Conrad 
María Gutiérrez 
Kati Kulovesi 
Miquel Muñoz 
Chris Spence 

Editor:

Pamela S. Chasek, Ph.D. <[EMAIL PROTECTED]>

Director of IISD Reporting Services:

Langston James "Kimo" Goree VI <[EMAIL PROTECTED]>


Vol. 12 No. 287
Tuesday, 6 December 2005

Online at http://www.iisd.ca/climate/cop11/ 

COP 11 AND COP/MOP 1 HIGHLIGHTS: 

MONDAY, 5 DECEMBER 2005

On Monday, delegates convened in contact groups and informal 
consultations on numerous issues, including Protocol Article 3.9 
(future commitments), the financial mechanism, the CDM Executive 
Board’s report, joint implementation, technology transfer, 
deforestation in developing countries, capacity building, 
compliance, adaptation, mitigation, privileges and immunities for 
those serving on bodies established under the Kyoto Protocol, 
implications of the CDM for other environmental treaties, 
emissions from aviation and maritime transport, and the 
determination of a quantified emission reduction commitment for 
Belarus.

CONTACT GROUPS AND INFORMAL CONSULTATIONS

ADAPTATION: Consultations convened by Helen Plume (New Zealand) 
and Kishan Kumarsingh (Trinidad and Tobago) resumed on the SBSTA 
five year programme of work on adaptation, with informal 
discussions still continuing as of 11:45 pm. 

ADMINISTRATIVE, FINANCIAL AND INSTITUTIONAL MATTERS: Privileges 
and Immunities for Individuals Serving on Constituted Bodies under 
the Kyoto Protocol: Contact group Chair Masao Nakayama 
(Micronesia) requested comments from Parties. Nigeria, for the 
G-77/CHINA, proposed giving the matter further consideration at 
SBI 24. The EU agreed, and suggested additional text requesting 
the UNFCCC Executive Secretary to liaise with the UN 
Secretary-General on this prior to SBI 24. While the G-77/CHINA 
expressed concerns that SBI’s future consideration should not be 
pre-determined by other work, a compromise text was eventually 
formulated. The agreed text asks SBI 24 to consider this issue 
and requests submissions by 13 February 2006. It also requests 
the UNFCCC Executive Secretary to consult with the UN 
Secretary-General on ensuring the necessary privileges and 
immunities, and to report to SBI 24. NIGERIA said he would take 
this text back to the G-77/China for its consideration, and that 
if the Group agreed to the text, then the conclusions could be 
approved without the need for a further meeting. 

ARTICLE 3.9 (FUTURE COMMITMENTS): Delegates convened in the 
evening for further informal consultations. The meeting was held 
in a small group setting and involved only delegates from several 
Parties and country groups. As of 11:45 pm, negotiations were 
ongoing and progress was slow.

CAPACITY BUILDING: The group met informally in the afternoon and 
late into the night. Discussions were still continuing as of 
11:45 pm. 

CDM IMPLICATIONS FOR OTHER ENVIRONMENTAL TREATIES: Parties agreed 
to a draft COP/MOP decision and draft SBSTA conclusions presented 
by Chair Georg Børsting (Norway) on the implications of the 
establishment of new HCFC-22 facilities seeking to obtain CERs for 
the destruction of HFC-23. The draft decision includes a 
definition of new HCFC-22 facilities, recognizes that issuing CERs 
for HFC-23 destruction could lead to higher global production of 
HCFC-22 and/or HFC-23, and encourages Annex I Parties and 
multilateral financial institutions to provide funding for 
destruction of HFC-23 in non-Annex I Parties. The decision also 
requests SBSTA to continue deliberations on the issue with a view 
to preparing a draft recommendation with guidance to the CDM 
Executive Board for adoption at COP/MOP 2.

COMPLIANCE: Parties met for informal consultations on the adoption 
of the compliance mechanism and Saudi Arabia’s proposal to amend 
the Protocol. Delegates had received a revised draft decision from 
Co-Chairs Mamadou Honadia (Burkina Faso) and Harald Dovland 
(Norway) on Sunday, and negotiations continued on Monday morning. 
In the evening, the Co-Chairs provided a new proposal based on 
input from both developed and developing countries that included 
two key paragraphs on adopting the compliance mechanism at COP/MOP 
1, and consideration of the amendment process. Differences 
remained on whether there is a need to amend the Protocol as 
proposed by Saudi Arabia. Informal consultations will continue on 
Tuesday, when the Co-Chairs will provide a new proposal.

DEFORESTATION IN DEVELOPING COUNTRIES: Chair Hernán Carlino 
(Argentina) presented draft conclusions. Papua New Guinea, for the 
G-77/CHINA and supported by many Parties, stressed the need to 
address both technical and policy aspects of this issue, and 
suggested including a reference to consideration by SBI as well as 
SBSTA. The G-77/CHINA also called for more expedited consideration 
of this issue by the COP and, supported by AUSTRALIA, CANADA and 
others, proposed including reference to incentives. The EU, US, 
ENVIRONMENTAL INTEGRITY GROUP and others preferred the text as 
presented, with the US emphasizing the discussion under SBSTA. The 
EU said submissions could also be sought from observer 
organizations. Informal consultations will continue.

DETERMINATION OF A QUANTIFIED EMISSION REDUCTION COMMITMENT FOR 
BELARUS: Informal consultations were convened by Andrej Kranjc 
(Slovenia). At least one negotiating group raised concerns that an 
amendment to the Protocol would be needed for Belarus to become an 
Annex B Party. Further consultations are expected.

EMISSIONS FROM INTERNATIONAL AVIATION AND MARITIME TRANSPORT: 
Bilateral and small-group consultations with interested Parties 
were convened by José Romero (Switzerland). Discussions focused on 
a workshop on this issue. Consultations in a larger group setting 
are expected on Tuesday. 

FINANCIAL MECHANISM: Informal consultations on the Adaptation Fund 
continued through the day, while the contact group reconvened in 
the evening to take up other outstanding items. Consultations on 
the Adaptation Fund resumed later in the evening.

Adaptation Fund: Delegates engaged in line-by-line discussion of 
the Co-Chairs’ draft text. The Co-Chairs introduced a revised 
draft decision late in the evening that includes clean text in the 
preamble, but which has considerable bracketed text in the 
operational section. 

GEF Report to the COP: Delegates agreed to revised draft SBI 
conclusions that are consistent with the contact group’s previous 
decision that the conclusions should be short and focus on taking 
note of the report.

Special Climate Change Fund: SBI Chair Becker began informal 
consultations to resolve bracketed text. Key outstanding areas 
include language on the priority areas for the SCCF and the timing 
regarding the COP’s review of the status of SCCF implementation in 
such areas.

Implementation of Decision 5/CP.8: Delegates agreed to the draft 
SBI conclusions that were considered at the previous meeting of 
the contact group.

Additional Guidance to the GEF: Delegates agreed to a draft COP 
decision that focuses on requesting the GEF to provide additional 
information on the impact of the RAF on the climate change focal 
area. The draft decision also includes language agreed to at a 
SBSTA contact group on potential support for carbon capture and 
storage technologies by the GEF.

Application of the MOU between the COP and the GEF Council: The 
Co-Chairs introduced a draft decision, noting that while the 
decision would apply, mutatis mutandis, the MOU with respect to 
guidance to the entity entrusted with the operation of the 
financial mechanism of the Convention, it would not apply to the 
Adaptation Fund, as no decision has been taken on the operational 
entity for that fund. Delegates will consult informally before 
reconsidering this item at the next contact group meeting.

JOINT IMPLEMENTATION (JI): During informal consultations, Parties 
considered parts of a Chair’s draft COP/MOP decision. Developing 
countries proposed deleting reference to small scale JI projects, 
explaining that CDM small scale guidelines were adopted due to 
concerns specific to developing countries and the CDM process. An 
Annex I Party opposed the deletion, noting that many JI projects 
are small, and emphasizing the need to encourage mitigation 
measures. Highlighting the need to assist vulnerable countries, 
developing countries suggested levying 2% of JI Emissions 
Reduction Units (ERUs) for the Adaptation Fund. A developed 
country stressed the different objectives of JI and CDM under the 
Protocol and said that, unlike CDM, there is no need for JI 
projects to contribute to sustainable development in developing 
countries. No agreement was reached. Chair Daniela Stoycheva 
(Bulgaria) was to consult with interested Parties later in the 
evening, focusing on the use of the CDM’s designated operational 
entities (DOEs), CDM methodologies and CDM project design document 
for second-track JI projects.

MITIGATION: The group met informally in the afternoon and late 
into the night. Discussions were continuing as of 11:45 pm.

REPORT OF THE CDM EXECUTIVE BOARD: Co-Chairs David Brackett 
(Canada) and André do Lago (Brazil) explained that five separate 
consultations had been held earlier on Monday with interested 
Parties on: administrative issues; additionality; carbon dioxide 
capture and storage under the CDM; share of proceeds to cover 
administrative expenses of the Executive Board; and whether local, 
national or regional policy standards and programmes can be 
considered CDM project activities. The Co-Chairs distributed a new 
draft decision. They characterized the informal consultations as 
constructive, although agreement had not been reached on the five 
topics listed above and on some other issues, including 
retroactive crediting and the CDM’s continuity beyond 2012. 
Outlining the brackets, Co-Chair Brackett identified the question 
of policy standards and programmes under the CDM as one of the key 
areas requiring further consultations. The RUSSIAN FEDERATION 
proposed new text increasing the share of proceeds to cover the 
Board’s administrative expenses to US$0.50 per CER. BRAZIL 
responded that it was considering proposing to levy a share of 
proceeds from JI projects and emissions trading to the Adaptation 
Fund. The Co-Chairs asked Parties to reconsider these proposals 
and said informal consultations with interested Parties would 
continue on Tuesday afternoon.

TECHNOLOGY TRANSFER: Co-Chair Holger Liptow (Germany) reported to 
the contact group that a draft decision had been approved during 
informal consultations late Saturday, pending an agreement on 
draft conclusions. The draft decision, inter alia: invites Parties 
to submit their view on the status and continuation of the Expert 
Group on Technology Transfer (EGTT); requests the Secretariat to 
organize a senior-level roundtable discussion on technology 
cooperation and partnerships, deployment and transfer; and 
requests SBSTA to take into account existing technology-based 
international cooperation when considering future work for 
enhancing the implementation of the framework. Delegates agreed to 
the outstanding paragraph relating to the 2006 EGTT Work 
Programme, which dealt with a side event on public technologies. 
They also agreed to conclusions on a technical paper by the 
Secretariat on adaptation technologies discussed in a recent 
workshop in Trinidad and Tobago. 

IN THE CORRIDORS

Delegates were expressing growing concerns about divisions in 
negotiations on Monday night. Although several less controversial 
issues were resolved, arguments over financial matters and the 
mechanisms intensified, with at least one “shouting match” 
breaking out between delegates. According to talk in the 
corridors, a major point of contention is over how to make the 
mechanisms more attractive. Moves by developing countries to 
impose a levy on joint implementation projects to fund the 
Adaptation Fund were not well received by JI hosts and investors 
that stand to gain from JI. The proposal prompted what one 
participant called “a tit-for-tat response” from the Russian 
Federation aimed at increasing the levy on CDM – the mechanism 
focused on developing countries. 

“It’s like a competition between JI and CDM, with each side trying 
to make their mechanism more attractive to investors,” alleged one 
expert. “This is the time to be taking issues off the negotiating 
table, not adding them,” said another. 

Others were more sanguine: “This will go down to the wire on 
Friday, and it’s too early to expect Parties to give up any 
negotiating chips just yet,” explained a veteran. 

Meanwhile, informal consultations on Article 3.9 (future 
commitments) were still continuing late into Monday night. 
Delegates outside the room seemed confused as to what exactly was 
going on, and about how President Dion’s latest initiative on 
future scenarios under the UNFCCC related to Article 3.9 talks.





This issue of the Earth Negotiations Bulletin © <[EMAIL PROTECTED]> is 
written and edited by Alexis Conrad, María Gutiérrez, Kati 
Kulovesi, Miquel Muñoz, and Chris Spence. The Digital Editor is 
Dan Birchall. The Editor is Pamela S. Chasek, Ph.D. <[EMAIL PROTECTED]> 
and the Director of IISD Reporting Services is Langston James 
“Kimo” Goree VI <[EMAIL PROTECTED]>. The Sustaining Donors of the 
Bulletin are the Government of the United States of America 
(through the Department of State Bureau of Oceans and 
International Environmental and Scientific Affairs), the 
Government of Canada (through CIDA), the Swiss Agency for 
Environment, Forests and Landscape (SAEFL), the United Kingdom 
(through the Department for International Development - DFID), the 
Danish Ministry of Foreign Affairs, the Government of Germany 
(through the German Federal Ministry of Environment - BMU, and the 
German Federal Ministry of Development Cooperation - BMZ), the 
Netherlands Ministry of Foreign Affairs, the European Commission 
(DG-ENV), and the Italian Ministry of Environment. General Support 
for the Bulletin during 2005 is provided by the United Nations 
Environment Programme (UNEP), the Government of Australia, the 
Austrian Federal Ministry of Agriculture, Forestry, Environment 
and Water Management, the Ministry of Sustainable Development and 
the Ministry of Foreign Affairs of Sweden, the Ministry of 
Environment and the Ministry of Foreign Affairs of Norway, the 
Ministry of Environment and the Ministry of Foreign Affairs of 
Finland, SWAN International, the Japanese Ministry of Environment 
(through the Institute for Global Environmental Strategies - 
IGES), and the Japanese Ministry of Economy, Trade and Industry 
(through the Global Industrial and Social Progress Research 
Institute - GISPRI). Funding for translation of the Earth 
Negotiations Bulletin into French has been provided by the 
International Organization of the Francophonie (IOF) and the 
French Ministry of Foreign Affairs. Funding for the translation of 
the Earth Negotiations Bulletin into Spanish has been provided by 
the Ministry of Environment of Spain. The opinions expressed in 
the Earth Negotiations Bulletin are those of the authors and do 
not necessarily reflect the views of IISD or other donors. 
Excerpts from the Earth Negotiations Bulletin may be used in 
non-commercial publications with appropriate academic citation. 
For information on the Bulletin, including requests to provide 
reporting services, contact the Director of IISD Reporting 
Services at <[EMAIL PROTECTED]>, +1-646-536-7556 or 212 East 47th St. 
#21F, New York, NY 10017, USA. The ENB Team at COP 11 and COP/MOP 
1 can be contacted at its office at the conference venue (room 
342) or by e-mail at <[EMAIL PROTECTED]>.

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