Report to CAN on Compliance Section of Political Agreement (FCCC/CP/20001/L.7)
Summary
This briefing by the Center for International Environmental Law (CIEL) describes the political agreement reached on July 22-23, 2001, regarding the compliance mechanism for the Kyoto Protocol. It details the structure of a two-branch compliance committee, the specific penalties for Annex I Parties that fail to meet emissions targets, and the ongoing debate over whether these consequences are 'legally binding' under Article 18 of the Protocol.
Key insights
- The agreement establishes a compliance committee divided into two branches: a facilitative branch and an enforcement branch. The facilitative branch assists all Parties (Annex I and non-Annex I) and acts as an "early warning system" for Annex I Parties struggling with emissions targets. The enforcement branch operates as a "judicial-like forum" to determine if Annex I Parties have met their targets, complied with monitoring and reporting, and passed eligibility tests for mechanisms, with the power to decide consequences for non-compliance.
- The membership of both the facilitative and enforcement branches is based on equitable geographical representation, a point of contention that was eventually conceded by Australia.
- Annex I Parties that fail to meet their emissions targets face three specific consequences: a deduction of 1.3 tonnes from their assigned amount for the next commitment period for every tonne exceeded (a rate that may increase in the future), the requirement to create a detailed plan for meeting the reduced target subject to review by the enforcement branch, and a prohibition on selling parts of their emissions allocation via Article 17 emissions trading.
- Parties may appeal an enforcement branch decision to the COP/MOP, the Protocol's supreme body. The original decision remains in effect unless a three-quarters majority of the COP/MOP votes to overturn it.
- There is an unresolved tension regarding whether non-compliance consequences are "legally binding" as required by Article 18 of the Kyoto Protocol, which necessitates a Protocol amendment. To reach the Pronk political agreement, the commitment to adopt an instrument establishing a "legally binding" character for consequences was deleted, though the agreement still defines the consequences and the enforcement branch's power to apply them.
Cite the original document
- APA
- Wiser, G. (2001). Report to CAN on Compliance Section of Political Agreement (FCCC/CP/20001/L.7). Center for International Environmental Law. https://www.ciel.org/news/ciels-summary-of-the-compliance-mechanism-at-the-bonn-climate-change-conference/
- Chicago
- Wiser, Glenn. Report to CAN on Compliance Section of Political Agreement (FCCC/CP/20001/L.7). Center for International Environmental Law, 2001. https://www.ciel.org/news/ciels-summary-of-the-compliance-mechanism-at-the-bonn-climate-change-conference/.
- Wikipedia
- {{cite report |last1=Wiser |first1=Glenn |title=Report to CAN on Compliance Section of Political Agreement (FCCC/CP/20001/L.7) |publisher=Center for International Environmental Law |date=1 July 2001 |url=https://www.ciel.org/news/ciels-summary-of-the-compliance-mechanism-at-the-bonn-climate-change-conference/ |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{wiser2001report, author = {Wiser, Glenn}, title = {{Report to CAN on Compliance Section of Political Agreement (FCCC/CP/20001/L.7)}}, institution = {Center for International Environmental Law}, year = {2001}, month = jul, url = {https://www.ciel.org/news/ciels-summary-of-the-compliance-mechanism-at-the-bonn-climate-change-conference/}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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