DRAFT TEXT on COP 21 agenda item 4 (b) Durban Platform for Enhanced Action (decision 1/CP.17) Adoption of a protocol, another legal instrument, or an agreed outcome with legal force under the Convention applicable to all Parties Version 2 of 10 December 2015 at 21:00 DRAFT PARIS OUTCOME1 Proposal by the President Draft decision -/CP.21 [The Conference of the Parties, Pp1 Recalling decision 1/CP.17 on the establishment of the Ad Hoc Working Group on the Durban Platform for Enhanced Action, Pp2 Also recalling relevant decisions of the Conference of the Parties, including decisions 2/CP.18, 1/CP.19 and 1/CP.20, Pp3 Welcoming the outcome of “Transforming our world: the 2030 Agenda for Sustainable Development", in particular its goal 13, and the outcome of the Addis Ababa Action Agenda of the third International Conference on Financing for Development, Pp4 Recognizing that climate change represents an urgent and potentially irreversible threat to human societies and the planet and thus requires the widest possible cooperation by all countries, and their participation in an effective and appropriate international response, with a view to accelerating the reduction of global greenhouse gas emissions, Pp4bis Recognizing also that when developing policies and taking action to address climate change, Parties should promote, protect, respect, and take into account their respective obligations on all human rights, the right to health, and the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and under occupation, and the right to development, and promote gender equality and the empowerment of women, Pp5 Also recognizing that deep reductions in global emissions will be required in order to achieve the ultimate objective of the Convention and emphasizing the need for urgency to address climate change, Pp6 Recalling decision 5/CP.7, 1/CP.10 and 1/CP.16 on the Economic and Social Consequences of Response Measures, Pp7 Also recalling decision 8/CP.17 on the Forum and Work Programme on the Impact of the Implementation of Response Measures, Pp8 Acknowledging the specific needs and concerns of developing country Parties arising from the impact of the implementation of response measures, {Preambular paragraphs from workstream 2} Pp1 Recalling Articles 2, 3 and 4 of the Convention, Pp2 Also recalling decisions 1/CP.16, 1/CP.17, 2/CP.18, 1/CP.19 and 1/CP.20, 1 The Article numbers and the paragraph numbering as well as the cross-references contained in this version will need to be updated. 1 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 Pp3 Emphasizing with serious concern the urgent need to address the significant gap between the aggregate effect of Parties’ mitigation pledges global annual emissions of greenhouse gases by 2020 [and aggregate emission pathways] consistent with holding the increase in the global average temperature to well below 2 °C above preindustrial levels and pursuing efforts to limit the temperature increase to 1.5 °C, recognizing that this would significantly reduce risks and impacts of climate change, Pp4 Stressing the urgency of accelerating the implementation of the Convention and its Kyoto Protocol in order to enhance pre-2020 ambition, Pp5 Recognizing the urgent need to enhance the provision of finance, technology and capacity-building support by developed country Parties, in a predictable manner, to enable enhanced pre-2020 action by developing country Parties, Pp6 Emphasizing that enhanced pre‐2020 ambition can lay a solid foundation for enhanced post‐2020 ambition, Pp7 Also emphasizing the enduring benefits of ambitious and early action, including major reductions in the cost of future mitigation and adaptation efforts, Pp8 Agreeing to uphold and promote regional and international cooperation in order to mobilize stronger and more ambitious climate action by all Parties and non-Party stakeholders, including civil society, the private sector, financial institutions, cities and other subnational authorities, local communities and indigenous peoples, Pp9 Acknowledging the need to promote access to electricity in countries in Africa through the enhanced deployment of renewable energy, I. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. II. 12. 13. ADOPTION Decides to adopt the Paris Agreement under the United Nations Framework Convention on Climate Change (hereinafter referred to as “the Agreement”), contained in the annex; Requests the Secretary-General of the United Nations to be the Depositary of the Agreement and to have it open for signature in New York, United States of America, from 22 April 2016 to 21 April 2017; Invites the Secretary-General to convene a high-level signature ceremony for the Agreement on 22 April 2016; Also invites all Parties to the Convention to sign the Agreement at the ceremony to be convened by the Secretary-General, or at their earliest opportunity, and to deposit their respective instruments of ratification, acceptance or approval, or instruments of accession, where appropriate, as soon as possible; Recognizes that Parties to the Convention may provisionally apply all of the provisions of the Agreement pending its entry into force, and requests Parties to provide notification of any such provisional applications to the Depositary; Notes that the work of the Ad Hoc Working Group on the Durban Platform for Enhanced Action, in accordance with decision 1/CP.17, paragraph 4, has been completed; Decides to establish the Ad Hoc Working Group on the Paris Agreement under the same arrangements, mutatis mutandis, concerning the election of officers to the Bureau of the Ad Hoc Working Group on the Durban Platform for Enhanced Action; Also decides that the Ad Hoc Working Group on the Paris Agreement shall prepare for the entry into force of the Agreement and for the convening of the first session of the Conference of the Parties serving as the meeting of the Parties to the Agreement; Further decides to oversee the implementation of the work programme resulting from the relevant requests contained in this decision; Requests the Ad Hoc Working Group on the Paris Agreement to report regularly to the Conference of the Parties on the progress of its work and to complete its work by the first session of the Conference of the Parties serving as the meeting of the Parties to the Agreement; Decides that the Ad Hoc Working Group on the Paris Agreement shall hold its sessions starting in 2016 in conjunction with the sessions of the Convention subsidiary bodies and shall prepare draft decisions to be recommended through the Conference of the Parties to the Conference of the Parties serving as the meeting of the Parties to the Agreement for consideration and adoption at its first session; INTENDED NATIONALLY DETERMINED CONTRIBUTIONS Welcomes the intended nationally determined contributions that have been communicated by Parties in accordance with decision 1/CP.19, paragraph 2(b); Reiterates its invitation to all Parties that have not yet done so to communicate to the secretariat their intended nationally determined contributions towards achieving the objective of the Convention as set out in its Article 2 as soon as possible and well in advance of the twenty-second session of the Conference of the Parties and in a 2 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 14. 15. 16. 17. 18. 19. 20. 21. manner that facilitates the clarity, transparency and understanding of the intended nationally determined contributions; Requests the secretariat to continue to publish the intended nationally determined contributions communicated by Parties on the UNFCCC website; Reiterates its call to developed country Parties, the operating entities of the Financial Mechanism and any other organizations in a position to do so to provide support for the preparation and communication of the intended nationally determined contributions of Parties that may need such support; Takes note of the synthesis report on the aggregate effect of intended nationally determined contributions communicated by Parties by 1 October 2015, contained in document FCCC/CP/2015/7; Notes with concern that the estimated aggregate greenhouse gas emission levels resulting from the intended nationally determined contributions in 2025 and 2030 do not fall within least-cost 2 ˚C scenarios, and that much greater emission reduction efforts than those associated with the intended nationally determined contributions will be required in the period after 2025 and 2030 in order to hold the temperature rise to below 2 ˚C or 1.5 ˚C above pre-industrial levels; Also notes, in this context, the adaptation needs expressed by many developing countries in their intended nationally determined contributions; Requests the secretariat to update the synthesis report referred to in paragraph 16 above so as to cover all the information in the INDCs communicated by Parties pursuant to decision 1/CP.20 by 4 April 2016 and to make it available by 2 May 2016; Decides to convene a facilitative dialogue among Parties to take stock of the collective efforts of Parties in 2019 in relation to progress towards the long-term goal referred to in Article 3, paragraph 1, of the Agreement and to inform the preparation of ### pursuant to Article 3, paragraph 8, of the Agreement; Invites the Intergovernmental Panel on Climate Change to provide a technical paper in 2018 on the impacts of global warming of 1.5 °C above pre-industrial levels and related global greenhouse gas emission pathways; III. DECISIONS TO GIVE EFFECT TO THE AGREEMENT MITIGATION 22. Invites Parties to communicate their first ### no later than joining the Paris Agreement; 23. Also invites those Parties whose intended nationally determined contribution pursuant to decision 1/CP.20 contains a timeframe up to 2025 to communicate by 2020 a new ### and to do so every five years thereafter pursuant to Article 3, paragraph 8, of the Agreement; 24. Further invites those Parties whose intended nationally determined contribution pursuant to decision 1/CP.20 contains a timeframe up to 2030 to confirm or update by 2020 their ### and to do so every five years thereafter pursuant to Article 3, paragraph 8, of the Agreement; 25. Decides that Parties shall submit to the secretariat their ### at least 9 to 12 months in advance of the relevant meeting of the Conference of the Parties serving as the meeting of the Parties to the Agreement prior to finalization with a view to facilitating the clarity, transparency and understanding of the ###, including through a synthesis report prepared by the secretariat; 26. Requests the Ad Hoc Working Group on the Paris Agreement to develop further guidance on features of the ### for consideration and adoption by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session; 27. Agrees that the information to be provided by Parties communicating their ###, in order to facilitate clarity, transparency and understanding, may include, as appropriate, inter alia, quantifiable information on the reference point (including, as appropriate, a base year), time frames and/or periods for implementation, scope and coverage, planning processes, assumptions and methodological approaches including those for estimating and accounting for anthropogenic greenhouse gas emissions and, as appropriate, removals, and how the Party considers that its ### is fair and ambitious, in light of its national circumstances, and how it contributes towards achieving the objective of the Convention as set out in its Article 2; 28. Requests the Ad Hoc Working Group on the Paris Agreement to develop further guidance for the information to be provided by Parties in order to facilitate clarity, transparency and understanding of ### for consideration and adoption by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session; 29. Also requests the Subsidiary Body for Implementation to develop modalities and procedures for the operation and use of the registry referred to in Article 3, paragraph 11, of the Agreement, for consideration and adoption by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session; 30. Further requests the secretariat to make available an interim registry in the first half of 2016 for the recording of ### submitted in accordance with Article 3 of the Agreement, pending the adoption by the Conference of the 3 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 31. 32. 33. 34. 35. 36. Parties serving as the meeting of the Parties to the Agreement of the modalities and procedures referred to in paragraph 30 above; Requests the Ad Hoc Working Group on the Paris Agreement to elaborate, building on approaches established under the Convention and its related legal instruments as appropriate, guidance for accounting for their ###, as referred to in Article 3, paragraph 12 of the Agreement, for consideration and adoption by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session, that ensures that: (a) Parties account for anthropogenic emissions and removals in accordance with methodologies and common metrics accepted by the Intergovernmental Panel on Climate Change and adopted by the Conference of the Parties serving as the meeting of the Parties to the Agreement; (b) Parties ensure methodological consistency, including on baselines, between the communication and implementation of ###; (c) Parties strive to include all categories of anthropogenic emissions or removals in their ### and, once a source, sink or activity is included, continue to include it; (d) Parties shall provide an explanation of why any categories of anthropogenic emissions or removals are excluded; (e) Such principles and guidance shall apply to the second and subsequent ###. Parties may elect to apply such guidance to their first ###; Decides that the Forum on the Impact of the Implementation of response measures, under the subsidiary bodies, shall continue, and shall serve the Agreement; Decides that the Subsidiary Bodies shall recommend, for adoption by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session, the modalities, work programme and functions of the Forum on the Impact of the Implementation of response measures to address the effects of the implementation of response measures under the Agreement by enhancing cooperation amongst Parties on understanding the impacts of mitigation actions under the Agreement and the exchange of information, experiences, and best practices amongst Parties to raise their resilience to these impacts; [Requests the Subsidiary Body for Scientific and Technological Advice to develop and recommend the guidance referred to under Article 3, paragraph 20, of the Agreement for adoption by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session]; Invites Parties to communicate to the secretariat by 2020 long-term low-emission development strategies and requests the secretariat to publish on the UNFCCC website Parties’ communicated low-emission development strategies as communicated; [Recommends that the Conference of the Parties serving as the meeting of the Parties to the Agreement adopt modalities and procedures for the mechanism established under Article 3ter of the Agreement on the basis of: (a) Voluntary participation authorized by each Party involved; (b) Real, measurable, and long term benefits related to the mitigation of climate change; (c) Specific scopes of activities; (d) Reductions in emissions that are additional to any that would otherwise occur; (d) Verification and certification of emission reductions resulting from mitigation activities by designated operational entities; (e) Experience gained and lessons learned with existing mechanisms and approaches adopted under the Convention and its related legal instruments; (f) 37. An equivalent adjustment by both the transferring and acquiring Parties for the use of internationally transferred emission reductions towards ###;] [Requests the Subsidiary Body for Scientific and Technological Advice to develop and recommend modalities and procedures for the mechanisms established under Article 3 ter of the Agreement for consideration and adoption by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session;] ADAPTATION 38. Requests the Adaptation Committee and the Least Developed Countries Expert Group to jointly develop modalities to recognize the adaptation efforts of developing countries, as referred to in Article 4, paragraph 3, of the Agreement, and make recommendations for adoption by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session; 39. Decides that the activities referred to in Article 4, paragraph 9, of the Agreement should: (a) Not be prescriptive or result in the duplication of efforts; (b) Facilitate country-owned and country-driven action; 4 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 (c) (d) 40. 41. 42. 43. 44. 45. 46. 47. 48. Involve and facilitate the participation of relevant stakeholders; Be participatory and inclusive, building on existing community-driven and traditional adaptation efforts, as appropriate; (e) Promote climate resilience and sustainable development; (f) Facilitate access to, while not being a prerequisite for, financial, technological and capacity-building support for adaptation action; Requests the Subsidiary Body for Implementation to prepare guidance, as appropriate, in relation to the adaptation communications referred to in Article 4, paragraph 10 of the Agreement, for consideration and adoption by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session; Also requests the secretariat to record the adaptation communications referred to in Article 4, paragraph 10 of the Agreement in a registry made publicly available by the secretariat; Decides that institutional arrangements for adaptation under the Convention shall serve the Agreement; Requests the Adaptation Committee, taking into account its mandate and its second three-year workplan: (a) To review the work of adaptation-related institutional arrangements under the Convention in 2017, with a view to preparing recommendations for consideration by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session on ways to enhance the coherence of their work, as appropriate, in order to respond adequately to the needs of Parties; (b) To consider methodologies for assessing adaptation needs with a view to assisting developing countries, without placing an undue burden on them, and to make recommendations for consideration and adoption by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session; (c) To operationalize the technical and knowledge platform referred to in paragraph 45 below; Establishes a technical and knowledge platform under the Nairobi work programme on impacts, vulnerability and adaptation to climate change in order to support the technical and knowledge needs arising from implementing, inter alia, the activities referred to in Article 4, paragraphs 7, 9 and 10 of the Agreement; Invites all relevant United Nations agencies and international, regional and national financial institutions to provide information to Parties through the secretariat on how their development assistance and climate finance programmes incorporate climate-proofing and climate resilience measures; Requests Parties to strengthen regional cooperation on adaptation where appropriate and, where necessary, establish regional centres and networks, in particular in developing countries, taking into account decision 1/CP.16, paragraph 13; Requests the Adaptation Committee and the Least Developed Countries Expert Group to develop methodologies, and make recommendations for consideration and adoption by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session, for: (a) Taking the necessary steps to ensure that the level of support meets the needs for adaptation in developing countries, in the context of the limit to global average temperature increase referred to in Article 2 of the Agreement; (b) Assessing the adequacy and effectiveness of support referred to in Article 4, paragraph 14 (b), of the Agreement; Requests the Green Climate Fund to expedite support for the least developed countries and other developing country Parties for the formulation of national adaptation plans, consistent with decisions 1/CP.16 and 5/CP.17, and the subsequent implementation of policies, projects and programmes identified by them; LOSS AND DAMAGE 49. Decides on the continuation of the Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts, following the review in 2016, and on furthering its work, pursuant to decisions of the Conference of the Parties that are relevant to the adverse effects of climate change, including the development of modalities and procedures for the mechanism’s operation and support; 50. Requests the Executive Committee of the Warsaw International Mechanism to establish a clearinghouse for risk transfer that serves as a repository for information on insurance and risk transfer, in order to facilitate the efforts of Parties to develop and implement comprehensive risk management strategies; 51. Also requests the Executive Committee of the Warsaw International Mechanism, in accordance with its functions and modalities: (a) To develop guidelines for a comprehensive approach to climate risk management; (b) To [enhance understanding, coordination and cooperation with regard to climate change induced displacement, migration and planned relocation][initiate a process of identifying arrangements, modalities and procedures to convene and promote work on climate change displacement], draw upon the work of 5 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 52. and involve, as appropriate, existing bodies and expert groups under the Convention, as well as that of relevant organizations and expert bodies outside the Convention; (c) To initiate a process to develop cooperative approaches to address irreversible and permanent damage resulting from human-induced climate change; Further requests the Executive Committee of the Warsaw International Mechanism to initiate its work, at its next meeting, to operationalize provisions referred to in paragraphs and above, and to report on progress thereon in its annual report; FINANCE 53. Decides that, in the implementation of the Agreement, financial resources provided to developing countries should enhance the implementation of their policies, strategies, regulations and action plans and their climate change actions with respect to both mitigation and adaptation to contribute to the achievement of the purpose of the Agreement as defined in Article 2, meeting costs of adaptation, addressing loss and damage and including access to and transfer of environmentally-sound technologies and capacity-building, based on the principles and in accordance with the provisions of the Convention; 54. Also decides that a significant share of new multilateral funding for climate change actions should flow through the Financial Mechanism of the Convention and the funds serving the Agreement; 55. Further decides that, in accordance with Article 6, paragraph 3, the Conference of the Parties serving as the meeting of the Parties to the Agreement shall set a short-term collective quantified goal for the mobilization of financial resources starting in 2020, to address the needs and priorities of developing country Parties to enhance action; 56. Decides that the short-term collective quantified goal shall be reviewed and assessed every [four][five] years based on needs and priorities identified by developing country Parties, in accordance with the modalities and procedures to be developed by the Conference of the Parties serving as the meeting of the Parties to the Agreement, in the context of achieving the purpose of the Agreement as defined in Article 2; 57. Also decides to establish a process for the consideration of new sources of finance beyond existing bilateral and multilateral sources, in accordance with the terms of reference to be developed by the Conference of the Parties, taking note of the need to abide by the principles of fiscal sovereignty and avoid incidence on developing country Parties; 58. Further decides to support developing country Parties to determine and report on their financing needs and country programming priorities for the post-2020 period, including through the provision of financial resources; 59. Decides to establish a process to review the reports of developing countries identified in paragraph 58 above in light of efforts to scale up financial support to developing countries as defined in Article 6, paragraph 4; 60. Also decides that adequate, predictable and sustainable financial resources, including for results-based payments, as appropriate, shall be provided for the implementation of policy approaches and positive incentives for reducing emissions from deforestation and forest degradation, and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks; as well as alternative policy approaches, such as joint mitigation and adaptation approaches for the integral and sustainable management of forests; while reaffirming the importance of non-carbon benefits associated with such approaches; pursuing the coordination of support to, inter alia, public and private sources, including the Green Climate Fund in accordance with relevant decisions by the Conference of the Parties; 61. Further decides that Parties should mobilize enhanced results-based payments for verifiable achieved emission reductions and removals related to existing approaches under the Convention; 62. Urges Parties to reduce international support for high-emission investments; 63. Decides that, when communicating information on a biennial basis to be provided in line with Article 6, paragraph 6, Parties shall consider, as appropriate, the following: (a) Information to increase clarity on the expected levels of climate finance mobilized from different sources; (b) Information on their policies, programmes and priorities; (c) Information on actions and plans to mobilize additional finance; (d) Information on actions to enhance enabling environments in order to mobilize and attract climate finance from a variety of sources; (e) Information on investment plans to implement nationally determined contributions, including financing needs to implement an enhanced level of ambition both on mitigation and adaptation; (f) Information on efforts to integrate climate consideration including resilience into their international development assistance; (g) Information on mobilization of domestic resources; (h) Information on efforts to reduce international support for high emission investments; 6 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. (i) Information on adequacy of the support provided; Also decides to ensure that the provision of support shall be measured, reported and verified, in accordance with Article 4.3, 4.4, 4.5, 4.7, 4.8, and 4.9 of the Convention, through modalities established under the Convention by the relevant subsidiary bodies of the Convention. Such modalities shall ensure that there shall be no double counting of financial resources provided and ensure the environmental integrity of the Agreement; Decides that, when accounting for financial resources provided and mobilized through public interventions, Parties shall ensure that: (a) Such financial resources accounted for specifically target climate adaptation, mitigation and cross-cutting activities as their main objective in line with the criteria from the Intergovernmental Panel on Climate Change; (b) Any uncertainty is to be overcome following the principle of conservativeness, where it is preferable that financial resources are under reported rather than over reported; (c) Where multiple actors are involved, the resulting financial resources are only counted once; (d) Mobilized private financial resources are only reported where there is a clear causal link with a public intervention and the activity would not have moved forward, or moved forward at scale, in the absence of the public intervention; (e) Mobilized multilateral financial resources are adjusted so that only the share attributed to providers of climate finance is accounted for; Also decides that, as the Green Climate Fund and the Global Environment Facility, the operating entities of the Financial Mechanism of the Convention, the LDCF and the SCCF, administered by the Global Environment Facility, shall serve the Agreement; Recognizes that the Adaptation Fund may serve the Agreement, subject to relevant decisions by the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol and the Conference of the Parties serving as the meeting of the Parties to the Agreement; Invites the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol to consider the issue referred to in paragraph 67 above and make a recommendation to the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session; Decides that the Conference of the Parties serving as the meeting of the Parties to the Agreement shall provide guidance to the entities entrusted with the operation of the Financial Mechanism of the Convention on the policies, programme priorities and eligibility criteria related to the Agreement for transmission by the Conference of the Parties; Also decides that the guidance to the entities entrusted with the operations of the Financial Mechanism of the Convention in relevant decisions of the Conference of the Parties, including those agreed before adoption of the Agreement, shall apply mutatis mutandis; Decides that the Standing Committee on Finance shall serve the Agreement in line with its functions and responsibilities established under the Conference of the Parties; Urges the institutions serving the Agreement to enhance the coordination and delivery of resources to support country-driven strategies through streamlined and efficient application and approval procedures, and through continued readiness support to developing country Parties, [including least developed countries, small island developing States and African States], as appropriate; Reaffirms that Parties included in Annex I to the Convention undergoing the process of transition to a market economy and other Parties included in Annex I to the Convention whose special circumstances have been recognized by the Conference of Parties shall have access to support for technology development and transfer and capacity-building in accordance with Article 4, paragraph 5, of the Convention and relevant decisions of the Conference of Parties; TECHNOLOGY DEVELOPMENT AND TRANSFER Welcomes the interim report of the Technology Executive Committee on guidance on enhanced implementation of the results of technology needs assessments, noting that the report should be considered final; Takes note of the interim report of the Technology Executive Committee on guidance on enhanced implementation of the results of technology needs assessments as contained in the decision [XX/CP.21]; Decides to strengthen the Technology Mechanism and requests the Technology Executive Committee and the Climate Technology Centre and Network, in supporting the implementation of the Agreement, to undertake further work relating to, inter alia: (a) Technology research, development and demonstration; (b) The development and enhancement of endogenous capacities and technologies; 7 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 77. Requests the [Subsidiary Body for Scientific and Technological Advice, at its forty-forth session (May 2016),] [APA, at its XXth session], to initiate the elaboration of the technology framework established under Article 7, paragraph 3, of the Agreement and to report on its findings to the Conference of the Parties, with a view to the Conference of the Parties making a recommendation on the framework to the Conference of the Parties serving as the meeting of the Parties to the Agreement for consideration and adoption at its first session, taking into consideration that the framework should facilitate, inter alia: (a) The undertaking and updating of technology needs assessments, and the enhanced implementation of their results, particularly technology action plans and project ideas, through the preparation of bankable projects; (b) The provision of enhanced financial and technical support for the implementation of the results of the technology needs assessments; (c) The assessments of technologies that are ready for transfer; (d) The enhancement of enabling environments for and the addressing of barriers to the development and transfer of socially and environmentally sound technologies; 78. Decides that the Technology Executive Committee and the Climate Technology Centre and Network shall report to the Conference of the Parties serving as the meeting of the Parties to the Agreement, through the subsidiary bodies, on their activities to support the implementation of the Agreement; 79. Also decides to undertake a periodic assessment of the effectiveness of and the adequacy of the support provided to the Technology Mechanism in supporting the implementation of the Agreement on matters relating to technology development and transfer; 80. Requests the Subsidiary Body for Implementation to initiate, at its forty-forth session (May 2016), the elaboration of the scope of and modalities for the periodic assessment referred to in paragraph 79 above, taking into account the review of the Climate Technology Centre and Network as referred to in paragraph 20 of annex VII to decision 2/CP.17 and the modalities for the stocktaking referred to in Article 10, paragraph 1, of the Agreement, for consideration and adoption by the Conference of the Parties at its twenty-fifth session (November 2019); CAPACITY-BUILDING 81. Decides to establish the Paris Committee on Capacity-building with the aim of addressing gaps and needs, both current and emerging, in implementing capacity-building in developing country Parties and further enhancing capacity-building efforts, including coherence and coordination in capacity-building activities under the Convention. The Paris Committee on Capacity-building will manage and oversee the work plan mentioned in paragraph 82 below; 82. Also decides to launch a work plan for the period 2016–2020 with the following activities: (a) Assessing how to increase synergies of cooperation and avoid duplication between existing bodies established under the Convention that implement capacity-building activities, including collaborating with institutions under and outside the Convention; (b) Identifying capacity gaps and needs and recommending ways to fill these gaps; (c) Promoting the development and dissemination of tools and methodologies for the implementation of capacity-building; (d) Fostering global, regional, national and subnational cooperation; (e) Identifying and collecting good practices, challenges, experiences, and lessons learned from work on capacity-building by bodies established under the Convention; (f) Exploring how developing countries can take ownership of building and maintaining capacity over time and space; (g) Identifying opportunities to strengthen capacity at the national, regional, and subnational level; (h) Fostering dialogue, coordination, collaboration and coherence among relevant processes and initiatives under the Convention, including through exchanging information on capacity-building activities and strategies of bodies established under the Convention; (i) Providing guidance to the secretariat on the maintenance and further development of the web-based capacity-building portal; 83. Further decides that the Paris Committee on Capacity-building will annually focus on an area or theme for enhanced technical exchange on capacity-building, with the purpose of maintaining up-to-date knowledge on the successes and challenges of building capacity effectively in a particular area; 84. Requests the Subsidiary Body for Implementation to organize annual in-session meetings of the Paris Committee on Capacity-building; 8 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 85. 86. 87. 88. 89. 90. 91. Also requests the Subsidiary Body for Implementation to develop the terms of reference for the Paris Committee on Capacity-building in the context of the third comprehensive review of the implementation of the capacitybuilding framework with a view to recommending a draft decision on this matter for consideration and adoption by the Conference of the Parties at its twenty-second session; Invites Parties to submit their views on the membership of the Paris Committee on Capacity-building by 9 March 2016 for inclusion in a miscellaneous document; Decides that the inputs to the Paris Committee on Capacity-building will include, inter alia, submissions, the outcome of the third comprehensive review of the implementation of the capacity-building framework, the secretariat’s annual synthesis report on the implementation of the framework for capacity-building in developing countries, the secretariat’s compilation and synthesis report on capacity-building work of bodies established under the Convention and its Kyoto Protocol, reports of the Durban Forum and the capacity-building portal; Requests the Paris Committee on Capacity-building to submit annual technical progress reports on its work to the Subsidiary Body for Implementation for its consideration at the sessions of the Subsidiary Body for Implementation that are held in conjunction with sessions of the Conference of the Parties; Also requests the Conference of the Parties at its twenty-fourth session (November, 2018), to review the progress, need for extension, the effectiveness and enhancement of the Paris Committee on Capacity-building and to take any action it considers appropriate, with a view to recommending a decision to the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session on enhancing institutional arrangements for capacity-building consistent with Article 8, paragraph 5, of the Agreement; Calls upon all Parties to ensure that education, training and public awareness, as reflected in Article 6 of the Convention and in Article 8bis of the Agreement are adequately considered in their contribution to capacitybuilding; Requests the Conference of the Parties serving as the meeting of the Parties to the Agreement to explore ways of enhancing the implementation of training, public awareness, public participation and public access to information so as to enhance actions under the Agreement, at its first session; TRANSPARENCY OF ACTION AND SUPPORT 92. Decides to establish the Capacity-building Initiative for Transparency in order to build institutional and technical capacity, both pre- and post-2020. This initiative will support developing country Parties, upon request, in meeting enhanced transparency requirements as defined in Article 9 of the Agreement in a timely manner; 93. Also decides that this initiative will aim: (a) To strengthen national institutions for transparency-related activities in line with national priorities; (b) To provide relevant tools, training and assistance for meeting the provisions stipulated in Article 9 of the Agreement; (c) To assist in the improvement of transparency over time; 94. Requests the operating entities of the Financial Mechanism to support the establishment and operation of the Initiative. In particular, urges and requests the Global Environment Facility to make arrangements to support the establishment and operation of this Initiative as a priority reporting-related need, including through voluntary contributions to support developing countries in GEF-6 and future replenishment cycles, to complement existing support under the Global Environment Facility; 95. Decides that the progress of work in the design, development and implementation of the Capacity-building Initiative for Transparency referred to in paragraph 92 above, be reported to the future sessions of the Conference of the Parties, starting in 2016; 96. Further decides that, in accordance with Article 9.2 of the Agreement, developing countries shall be provided flexibility in the implementation of the provisions of that Article, including the scope, frequency and level of detail of reporting, the nature and scope of review which shall be reflected in the development of modalities, procedures and guidelines referred to in paragraph 98 below; Also decides that all Parties, except for the least developed country Parties and small island developing States, shall submit the information as referred to in Article 9.6 every two years. The least developed country Parties and small island developing States may submit this information at their discretion. In the year in which the national communication under Article 12 of the Convention is submitted, the information as referred to in Article 9.6 may be submitted either as a summary of parts of their national communication or as a stand-alone update report; 97. 98. Option 1: Also requests the SBSTA to revise the modalities, procedures and guidelines for existing MRV arrangements under the Convention established the Cancun Agreements and elaborated through subsequent Conference of the Parties decisions taking into account provisions of the transparency framework under Article 9; 9 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 99. 100. 101. 102. Option 2: Also requests the SBSTA to develop recommendations for modalities, procedures and guidelines in accordance with Article 9, paragraph 8, of the Agreement, and to define the year of their first and subsequent review and update, as appropriate, at regular intervals, for consideration by the Conference of the Parties, at its twenty-fourth session, with a view to forwarding them to the Conference of the Parties serving as the meeting of the Parties to the Agreement for adoption at the first session: (a) Communication of information under Article 9.6; (b) Review of communicated information under Article 9.6 that aims to consider the consistency of the information with the reporting guidelines adopted by the Conference of the Parties serving as the meeting of the Parties to the Agreement, analyse the extent to which the Party is on track in the implementation of the Agreement, including implementation and achievement of its nationally determined mitigation contribution {insert the relevant phrase from outcome of Article 3.2}, and identify any areas for improvement in reporting and capacity-building needs; (c) Multilateral facilitative examination of the implementation of the Agreement by each Party, including implementation and progress towards achievement of its nationally determined mitigation contribution {insert the relevant phrase from outcome of Article 3.2}; Also requests the SBSTA in developing the recommendations for modalities, procedures and guidelines referred to in paragraph 102 above to take into account, inter alia: (a) The importance of facilitating improved reporting and transparency over time; (b) The need to promote transparency, accuracy, completeness, consistency, and comparability; (c) The need to avoid undue burden on Parties as well as the secretariat and duplication; (d) The need to ensure that Parties maintain the frequency and quality of reporting in accordance with their respective obligations under the Convention; (e) The need to ensure that double counting is avoided; (f) The need to ensure environmental integrity; Further requests the SBSTA, when developing the modalities, procedures and guidelines, to draw on the experiences from and take into account other on-going relevant processes under the Convention; Also requests the SBSTA, when developing modalities, procedures and guidelines in accordance with paragraph 102 above, to consider, inter alia: (a) The consistency between the methodology communicated in the nationally determined mitigation {insert the relevant phrase from outcome of Article 3.2} and the methodology for reporting on progress made towards achieving individual Parties’ respective mitigation {insert the relevant phrase from outcome of Article 3.2}; (b) Explanations of key categories of emissions and removals excluded from nationally determined mitigation {insert the relevant phrase from outcome of Article 3.2} and efforts to include them over time; (c) That Parties, once a source, sink or activity is accounted for in a nationally determined mitigation {insert the relevant phrase from outcome of Article 3.2}, continue to include it or provide an explanation of why it has been excluded; (d) That Parties should work towards the use of common metrics and methodologies adopted by the Intergovernmental Panel on Climate Change for the estimation of greenhouse gas emissions and removals; (e) That Parties report on progress made in the implementation of their adaptation action and planning including, if appropriate, their national adaptation plans, with a view to collectively exchanging information and sharing lessons learned in the implementation of adaptation; (f) Support provided, enhancing delivery of support for both adaptation and mitigation through, inter alia, the common tabular formats for reporting support, and taking into account issues considered by the SBSTA on methodologies for reporting on financial information, and enhancing the reporting by developing countries on support received, including the use, impact and estimated results thereof; (g) Information to enable the tracking of progress against the aggregate goal for finance, set out in Article 6, paragraph 10, of the Agreement, the global stocktake set out in Article 10 of the Agreement, and the broader transformation of financial flows; (h) Drawing on the biennial assessments and other reports by the SCF and other relevant bodies under the Convention; (i) Enhanced reporting on the negative social and economic impact of response measures; Further requests the SBSTA, when developing recommendations for modalities, procedures and guidelines referred to in paragraph 102 above, to enhance the transparency of support provided by developed country 10 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 103. 104. 105. 106. 107. Parties and other developed Parties included in Annex II to the Convention to developing country Parties in accordance with Article 6, paragraph XX; Request Parties to submit their views on the development of modalities, procedures and guidelines referred to in paragraph 102 above, by 9 March 2016; Requests SBSTA to report the progress of work on modalities, procedures and guidelines referred to in paragraph 102 above to future sessions of the Conference of the Parties and that this work be concluded no later than 2018; Decides that the information as referred to in Article 9.6 shall be submitted for the first time by each party within 2 years after adoption of the modalities, procedures and guidelines referred to in paragraph 102 above; Also decides that the review of reporting shall commence six months after the submission of the information as referred to in Article 9.6; Further decides that the measurement, reporting and verification system established by decisions 1/CP.16 and 2/CP.17 shall be superseded by the framework for transparency of action and support, immediately following the submission of the final biennial reports and biennial update reports; GLOBAL STOCKTAKE 108. Requests the Ad Hoc Working Group on the Paris Agreement to identify the sources of input for the global stocktake referred to in Article 10 of the Agreement and to report to the Conference of the Parties, with a view to the Conference of the Parties making a recommendation to the Conference of the Parties serving as the meeting of the Parties to the Agreement for consideration and adoption at its first session, including, but not limited to: (a) Information on: (i) The overall effect of the nationally determined contributions communicated by Parties; (ii) The state of adaptation efforts, experiences and priorities, including information from national adaptation plans; (iii) The mobilization and provision of support; (b) The latest reports of the Intergovernmental Panel on Climate Change; (c) Reports of the subsidiary bodies; 109. Requests the Subsidiary Body for Scientific and Technological Advice to provide advice on how the assessments of the Intergovernmental Panel on Climate Change can inform the stocktaking of the implementation of the Agreement pursuant to its Article 10 and to report to the Ad Hoc Working Group on the Paris Agreement on this matter at its first session; 110. Also requests the Ad Hoc Working Group on the Paris Agreement to develop modalities for the global stocktake referred to in Article 10 of the Agreement and to report on these to the Conference of the Parties serving as the meeting of the Parties to the Agreement for their consideration and adoption, at its first session; FACILITATING IMPLEMENTATION AND COMPLIANCE 111. Decides that the committee referred to in Article 11, paragraph 2, of the Agreement shall consist of [X] members with recognized competence in relevant scientific, technical, socio-economic or legal fields, to be elected by the Conference of the Parties serving as the meeting of the Parties to the Agreement on the basis of equitable geographical representation, with [X] members each from the five regional groups of the United Nations and one member each from the small island developing States and the least developed countries, while taking into account the goal of gender balance; 112. Requests the Ad Hoc Working Group on the Paris Agreement to develop the modalities and procedures for the effective operation of the committee referred to in Article 11, paragraph 2, of the Agreement, with a view to the Ad Hoc Working Group on the Paris Agreement completing its work on this matter for consideration and adoption by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session; FINAL CLAUSES 113. Requests the secretariat, solely for the purposes of Article 18 of the Agreement, to make available on its website [on the date of adoption of the Agreement] information on the total and per cent of greenhouse gas emissions communicated by Parties to the Convention in either their annual national communications, GHG inventory reports, biennial reports or biennial update reports; IV. ENHANCED ACTION PRIOR TO 2020 114. Resolves to ensure the highest possible mitigation efforts in the pre-2020 period, including by: (a) Urging all Parties to the Kyoto Protocol that have not already done so to ratify and implement the Doha Amendment to the Kyoto Protocol; 11 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 (b) 115. 116. 117. 118. 119. 120. Urging all Parties that have not already done so to make and implement a mitigation pledge under the Cancun Agreements; (c) Reiterating its resolve, as set out in decision 1/CP.19, paragraphs 3 and 4, to accelerate the full implementation of the decisions constituting the agreed outcome pursuant to decision 1/CP.13 and enhance ambition in the pre-2020 period in order to ensure the highest possible mitigation efforts by all Parties under the Convention; (d) Inviting developing country Parties that have not submitted their first biennial update reports to do so as soon as possible; (e) Urging all Parties to participate in the existing measurement, reporting and verification processes under the Cancun Agreements, in a timely manner, with a view to demonstrating progress made in the implementation of their mitigation pledges; Encourages Parties to promote the voluntary cancellation by Party and non-Party stakeholders, without double counting, of units, including certified emission reductions issued under the Kyoto Protocol that are valid for the second commitment period; Urges host and purchasing Parties to report transparently on internationally transferred mitigation outcomes, including those outcomes used to meet international pledges, and emission units issued under the Kyoto Protocol with a view to promoting environmental integrity and avoiding double counting; Recognizes the social, economic and environmental value of voluntary mitigation actions and their co-benefits for adaptation, health and sustainable development; Resolves to strengthen, in the period 2016–2020, the existing technical examination process on mitigation as defined in decision 1/CP.19, paragraph 5(a) and decision 1/CP.20, paragraph 19, taking into account the latest scientific knowledge, including by: (a) Encouraging Parties, Convention bodies and international organizations to engage in this process, including, as appropriate in cooperation with relevant non-Party stakeholders to share their experiences and suggestions, including from regional events, and to cooperate in facilitating the implementation of policies, practices and actions identified during this process in accordance with national sustainable development priorities; (b) Striving to improve, in consultation with Parties, access to, and participation in this process of developing country Party and non-Party experts; (c) Requesting the Technology Executive Committee and the Climate Technology Centre and Network in accordance with their respective mandates to: (i) Engage in the technical expert meetings and enhance their efforts to facilitate and support Parties in scaling up the implementation of policies, practices and actions identified during this process; (ii) Provide regular updates during the technical expert meetings on the progress made in facilitating the implementation of policies, practices and actions previously identified during this process; (iii) Include information on their activities under this process in their joint annual report to the Conference of the Parties; (d) Encouraging Parties to make effective use of the Climate Technology Centre and Network to obtain assistance to develop economically, environmentally and socially viable project proposals in the high mitigation potential areas identified in this process; Encourages the operating entities of the Financial Mechanism of the Convention to engage in the technical expert meetings and to inform participants on their contribution in facilitating progress in the implementation of policies, practices and actions identified during the technical examination process; Requests the secretariat to organize the process referred to in paragraph 118 above and disseminate its results, including by: (a) Organizing, in consultation with the Technology Executive Committee and relevant expert organizations, regular technical expert meetings focusing on specific policies, practices and actions representing best practice and with the potential to be scalable and replicable; (b) Updating, on an annual basis, following the meetings referred to in paragraph 120 (a) above and in time to serve as input to the summary for policymakers referred to in paragraph 120 (c) below, a technical paper on the mitigation benefits and co-benefits of policies, practices and actions to enhance mitigation ambition, as well as on options to support the implementation of these, information on which should be made available in a user-friendly online format; (c) Preparing, in consultation with the champions referred to in paragraph 130 below, a summary for policymakers, with information on specific policies, practices and actions representing best practice and with the potential to be scalable and replicable, and on options to support the implementation of these, as well as on relevant collaborative initiatives, and publishing the summary at least two months in advance 12 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 2 of each session of the Conference of the Parties as input for the high-level event referred to in paragraph 129 below; Decides that the process referred to in paragraph 118 above should be organized jointly by the Subsidiary Body for Implementation and the Subsidiary Body for Scientific and Technological Advice and take place on an ongoing basis until 2020; Also decides to conduct, in 2017, an assessment of the process referred to in paragraph 118 above, so as to improve its effectiveness; [Resolves to enhance the provision of urgent and adequate finance, technology and capacity-building by developed country Parties in order to enhance the level of ambition of pre-2020 action by Parties, and in this regard strongly urges developed country Parties to scale up their level of financial support, with a concrete roadmap to achieve the goal of jointly providing USD 100 billion annually by 2020 for mitigation and adaptation, and significantly increasing adaptation finance from current levels and to further provide appropriate transfer of technology and capacity-building support;] Decides to conduct a facilitative dialogue in conjunction with the twenty-second session of the Conference of the Parties (November 2016) to assess the progress in implementing decision 1/CP.19, paragraphs 3 and 4, including identifying relevant opportunities to enhance the provision of financial resources, including for technology development and transfer and capacity building support with a view to identifying ways to enhance the ambition of mitigation efforts by all Parties, including identifying relevant opportunities to enhance the provision and mobilization of support and enabling environments; Acknowledges with appreciation the results of the Lima-Paris Action Agenda, which build on the climate summit convened on 23 September 2014 by the Secretary-General of the United Nations; Welcomes the efforts of non-Party stakeholders to scale up their climate actions, and encourages the registration of those actions in the Non-State Actor Zone for Climate Action (NAZCA) platform; 2 Encourages Parties to work closely with non-Party stakeholders to catalyse efforts to strengthen mitigation and adaptation action; Also encourages non-Party stakeholders to increase their engagement in the processes referred to in paragraphs 118 above and 133 below; Agrees to convene, in furtherance of decision 1/CP.20, paragraph 21, building on the Lima-Paris Action Agenda and in conjunction with each session of the Conference of the Parties from 2016 to 2020, a high-level event that: (a) Further strengthens high-level engagement on the implementation of policy options and actions arising from the processes referred to in paragraph 118 above and paragraph 133 below, building on the summary for policymakers referred to in paragraph 119(c) above; (b) Provides an opportunity for announcing new or strengthened voluntary efforts, initiatives and coalitions, including implementation of policies, practices and actions arising from the processes referred to in paragraph 117 above and paragraph 133 below presented in the summary for policymakers referred to in paragraph 120(c) above; (c) Takes stock of related progress and recognizes new or strengthened voluntary efforts, initiatives and coalitions; (d) Facilitates the exchange of experiences and sharing of best practices on climate action by non-Party stakeholders, including by providing a platform to strengthen indigenous peoples’ knowledge, practices and technologies on mitigation and adaptation in a holistic and integrated manner; (e) Provides meaningful and regular opportunities for the effective engagement of high-level dignitaries from Parties, international organizations, international cooperative initiatives and non-Party stakeholders; Decides that two high-level champions shall be appointed to act on behalf of the COP President to facilitate through strengthened high-level engagement in the 2016–2020 period, the successful execution of existing efforts and the scaling-up and introduction of new or strengthened voluntary efforts, initiatives and coalitions, including by: (a) Working with the Executive Secretary and the current and incoming presidents of the Conference of the Parties to coordinate the annual high-level event referred to in paragraph 129 above; (b) Engaging with interested Parties and non-Party stakeholders, including to further the voluntary initiatives of the Lima-Paris Action Agenda; (c) Providing guidance to the secretariat on the organization of technical expert meetings referred to in paragraphs 120(a) above and 137(a) below; Available at < http://climateaction.unfccc.int/ > 13 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. V. 141. 142. 143. 144. 3 Also decides that the high-level champions referred to in paragraph 130 above should serve for a term of two years, with their terms overlapping for a full year to ensure continuity, such that: (a) The President of Conference of the Parties at its twenty-first session should appoint one champion, who should serve from the date of the appointment until the last day of the Conference of the Parties at its twenty-second session (November 2016); (b) The President of the Conference of the Parties at its twenty-second session should appoint one champion, who should serve from the date of the appointment until the last day of the Conference of the Parties at its twenty-third session (November 2017); (c) Thereafter, each subsequent President should appoint one champion who should serve for two years and succeed the previously appointed champion whose two-year term has ended; Invites all interested Parties and relevant organizations to provide support for the work of the champions referred to in paragraph 130 above; Decides to launch a technical examination process on adaptation in the period 2016-2020 that will endeavour to identify opportunities for strengthening resilience, reducing vulnerabilities and increasing the understanding and implementation of adaptation actions; Also decides that the process referred to in paragraph 133 above should be organized jointly by the Subsidiary Body for Implementation and the Subsidiary Body for Scientific and Technological Advice, and conducted by the Adaptation Committee; Further decides that the process referred to in paragraph 133 above will be pursued through: (a) Facilitating the sharing of good practice, experiences and lessons learned; (b) Identifying actions that could significantly enhance the implementation of adaptation action, including those actions that could enhance economic diversification and have mitigation co-benefits; (c) Promoting cooperative action on adaptation; (d) Identifying opportunities to strengthen enabling environments and enhance the provision of support for adaptation in the context of specific policies, practices and actions; Decides that technical examination process on adaptation action will take into account the process, modalities, outputs and outcomes, as well as the lessons learned from the technical examination process on mitigation referred to in paragraph 118 above; Requests the secretariat to support the technical examination process on adaptation by: (a) Organizing regular technical expert meetings focusing on specific policies, strategies and actions; (b) Preparing annually, based on the meetings referred to in paragraph 137(a) above and in time to serve as an input to the summary for policymakers referred to in paragraph 120(c) above, a technical paper on opportunities to enhance adaptation action, as well as options to support the implementation of these, information which should be made available in a user-friendly online format; Decides that in conducting the process referred to in paragraph 133, the Adaptation Committee will engage with and explore ways to take into account, synergize with and build on the existing arrangements for adaptationrelated work programmes, bodies and institutions under the Convention, to ensure coherence and maximum value; Also decides to conduct, in conjunction with the assessment referred to in paragraph 122 above, an assessment of the process referred to in paragraph 133 above, so as to improve its effectiveness; Invites Parties and observer organizations to provide submissions on the initial themes of technical expert meetings on adaptation by 6 February 2016; NON-PARTY STAKEHOLDERS Welcomes the efforts of all actors to address and respond to climate change, including those of civil society, the private sector, financial institutions, cities and other subnational authorities; Invites the actors referred to in paragraph 141 above to scale up their efforts and support actions to reduce emissions and/or to build resilience and decrease vulnerability to the adverse effects of climate change; Also invites the actors referred to in paragraph 141 above to demonstrate their continued efforts to address climate change via the Non-State Actor Zone for Climate Action; 3 Recognizes the knowledge, technologies, practices and efforts made by local communities and indigenous peoples to address and respond to climate change; Available at < http://climateaction.unfccc.int/ > 14 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 145. Also recognizes the important role of carbon-pricing in providing incentives for emission reduction activities; VI. ADMINISTRATIVE AND BUDGETARY MATTERS 146. 147. 148. Takes note of the estimated budgetary implications of the activities to be undertaken by the secretariat referred to in this decision and requests that the actions of the secretariat called for in this decision be undertaken subject to the availability of financial resources; Emphasizes the urgency of making additional resources available for the implementation of the relevant actions, including the actions referred to in this decision, and the implementation of the work programme referred to in paragraph 9 above; Urges Parties to make voluntary contributions for the timely implementation of this decision.] 15 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 Annex DRAFT AGREEMENT [The Parties to this Agreement, Pp1 Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as “the Convention”, Pp2 Pursuant to the Durban Platform for Enhanced Action established by decision 1/CP.17 of the Conference of the Parties to the Convention at its seventeenth session, Pp3 In pursuit of the objective of the Convention, and being guided by its principles, including the principle of equity and common but differentiated responsibilities and respective capabilities, in the light of different national circumstances, Pp4 Also recognizing the need for an effective and progressive response to the urgent threat of climate change on the basis of the best available scientific knowledge, Pp5 Recognizing the specific needs and special circumstances and situations of developing country Parties, especially all those that, as provided for in the Convention, are particularly vulnerable to the adverse effects of climate change, Pp6 Taking account of the specific needs of developing country Parties, especially those that are particularly vulnerable to climate-related events, and are most capacity constrained, Pp7 Also taking account of the specific needs and special situations of the least developed country Parties and the specific circumstances of small island developing States, Pp8 Emphasizing the intrinsic relationship that climate change actions, responses and impacts have with equitable access to sustainable development and eradication of poverty, Pp9 Recognizing the fundamental priority of safeguarding food security and ending hunger, and the particular vulnerabilities of food production systems to the adverse impacts of climate change, Pp10 Taking into account the imperatives of a just transition of the workforce and the creation of decent work and quality jobs in accordance with nationally defined development priorities, Pp11 Acknowledging that climate change is a common concern to humankind, Parties should, when developing policies and taking action to address climate change, promote, respect and take into account their respective obligations on human rights, Pp12 Also acknowledging the importance for Parties, when taking action to address climate change, to promote, respect and consider, in accordance with their respective obligations, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity, Pp13 Also recognizing the importance of the conservation and enhancement, as appropriate, of sinks and reservoirs of greenhouse gases referred to in the Convention, Pp14 Noting the importance of ensuring the integrity of all ecosystems, including oceans, and the protection of biodiversity, recognized by some cultures as Mother Earth, when taking action to address climate change, Pp15 Affirming the importance of education, training, public awareness, public participation and public access to information and cooperation at all levels on the matters addressed in this Agreement, and recognizing the importance of engagements of all levels of government and various actors, in accordance with respective national legislations of Parties, in addressing climate change, Pp16 Recognizing that sustainable lifestyles and sustainable patterns of consumption and production with developed countries taking the lead, play an important role in addressing climate change, Have agreed as follows: Article 1 For the purpose of this Agreement, the definitions contained in Article 1 of the Convention apply. In addition: 16 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 1. 2. 3. "Convention" means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992; "Conference of the Parties" means the Conference of the Parties to the Convention; “Party” means a Party to this Agreement. Article 2 1. 2. The purpose of this Agreement is to further implement the objective of the Convention as set out in its Article 2 through enhanced action, cooperation and support, in the context of sustainable development and efforts to eradicate poverty, so as to: (a) Hold the increase in the global average temperature to well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 °C, recognizing that this would significantly reduce risks and impacts of climate change; (b) Increase the ability to adapt to the adverse impacts of climate change and foster climate resilience and low greenhouse gas emissions development, in a manner that does not threaten food production; (d) Make finance flows consistent with a pathway towards such low greenhouse gas emissions and climateresilient development. This Agreement [will be implemented on the basis of] [reflects] equity and common but differentiated responsibilities and respective capabilities, in the light of different national circumstances. Article 2bis Option 1: All Parties shall undertake efforts defined in Articles 3, 4, 6, 7, 8 and 9 progressively towards achieving the purpose of this Agreement as set out in Article 2, while recognizing that enhanced support for developing country Parties will allow for higher ambition in their actions. Over time efforts of all Parties will represent a progression taking into account Parties different national circumstances and stages of development. Option 2: 1. All Parties shall regularly prepare and communicate their nationally determined contributions towards achieving the purpose of this Agreement as set out in its Article 2, recognizing that the ambition of developing country Parties in relation to their contributions will depend on the extent of support they receive. 2. Subsequent nationally determined contributions should be informed by the results of the global stocktake as defined in Article 10, and represent a progression taking into account Parties’ common but differentiated responsibilities and respective capabilities, in light of different national circumstances. Article 3 1. 2. 3. 4. 5. 6. 7. In order to achieve the long-term global temperature goal set in Article 2 of this Agreement, Parties aim to reach the peaking of greenhouse house gas emissions as soon as possible, recognizing that peaking will take longer for developing country Parties, and to undertake rapid reductions thereafter towards reaching greenhouse gas emissions neutrality in the second half of the century on the basis of equity and guided by science in the context of sustainable development and poverty eradication. Each Party shall prepare, communicate and maintain successive nationally determined mitigation contributions that it intends to achieve and shall pursue domestic measures to do so. Developed country Parties should continue to take the lead. Each Party that has previously communicated absolute economy-wide emission reduction or limitation targets should continue to do so, and all Parties should aim to do so over time in light of different national circumstances and stages of development. Support shall be provided to developing country Parties for the implementation of this Article, in particular its paragraph 3, in accordance with Articles 6, 7 and 8 of this Agreement, recognizing that enhanced support for developing country Parties will allow for higher ambition in their actions. The least developed countries [and small island developing States][and African States] may communicate their ### at their discretion, including information on strategies, plans and actions for low greenhouse gas emissions development, reflecting their special circumstances. Each Party’s successive ### should represent a progression beyond the Party’s previous efforts and reflect its highest possible ambition. In communicating their ###, all Parties shall provide the information necessary for clarity, transparency and understanding in accordance with decision X/CP.21 and any decisions of the Conference of the Parties serving as the meeting of the Parties to the Agreement. 17 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Parties shall communicate an ### every five years in accordance with decision X/CP.21 and any decisions of the Conference of the Parties serving as the meeting of the Parties to the Agreement being informed by the outcomes of the global stock take referred to in Article 10. The Conference of the Parties serving as the meeting of the Parties to the Agreement shall decide on common timeframes for #### no later than at its first session. A Party may at any time adjust its existing ### with a view to enhancing its level of ambition. The ### communicated by Parties shall be recorded in a public registry maintained by the secretariat. Parties shall account for their ###. In accounting for their ###, Parties shall promote environmental integrity, transparency, accuracy, completeness, comparability and consistency, and ensure the avoidance of double counting, in accordance with guidance adopted by the Conference of the Parties serving as the meeting of the Parties to the Agreement. In the context of their ###, when recognizing and implementing mitigation actions with respect to anthropogenic emissions and removals, Parties should take into account, as appropriate, existing methods and guidance, under the Convention in light of the provisions of paragraph 12 of this Article. Parties shall take into consideration in the implementation of this Agreement the concerns of Parties with economies most affected by the impacts of response measures, particularly developing country Parties. Parties agree to enhance actions under this Agreement, including by strengthening institutional arrangements, and to adopt modalities and procedures for enhancing those arrangements. To this end the Conference of the Parties serving as the meeting of the Parties to the Agreement shall establish a cooperative mechanism to address the adverse impacts of the implementation of response measures on developing country Parties, as referred to in decision -/CP.21. Parties, including regional economic integration organizations and their member States, that have reached an agreement to act under Article 3, paragraph 2, jointly, shall notify the secretariat of the terms of that agreement, including the emission level allocated to each Party within the relevant time period, when they communicate their ###s. The secretariat shall in turn inform the Parties and signatories to the Convention of the terms of that agreement. In the event of failure by the Parties to such an agreement, each party to that agreement shall be responsible for its emission level as set out in that agreement in accordance with paragraph 14 of this Article and Articles 9 and 11. If Parties acting jointly do so within the framework of, and together with, a regional economic integration organization that is itself a Party to this Agreement, each member State of that regional economic integration organization individually, and together with the regional economic integration organization shall, in the event of failure to achieve the common ###s, be responsible for its emission level set out in the agreement notified under paragraph 16 in accordance with paragraph 14 of this Article and Articles 9 and 11. If Parties acting jointly do so within the framework of, and together with, a regional economic integration organization, any alteration in the composition of that organization shall not affect existing ###s and shall only apply for the purpose of those ###s that are communicated subsequent to the alteration. [Cooperation between Parties in the implementation of ### includes approaches that enhance mitigation and adaptation ambition, promote sustainable development and environmental integrity and act in harmony with nature, consistent with guidance adopted by the Conference of the Parties serving as the meeting of the Parties to the Agreement. Parties shall, where engaging on a voluntary basis in cooperative approaches that involve the use of internationally transferred emission reductions towards ###, promote sustainable development and environmental integrity, and apply robust accounting to ensure, inter alia, the avoidance of double counting, consistent with guidance adopted by the Conference of the Parties serving as the meeting of the Parties to the Agreement, and ensure transparency in the governance of the approaches. The use of internationally transferred emission reductions to achieve ### under this Agreement shall be voluntary and authorized by participating Parties.] All Parties should strive to formulate and communicate long-term low-greenhouse gas emission development strategies mindful of Article 2 of this Agreement taking into account Parties different national circumstance and development stages. Article 3 bis 1. 2. Parties should take action to conserve and enhance, as appropriate, sinks and reservoirs of greenhouse gas as referred to in Article 4, paragraph 1(d), of the Convention. Parties may take action to implement and support, including by scaling up resources, policy approaches and positive incentives for reducing emissions from deforestation and forest degradation, and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries; as well as alternative policy approaches, such as joint mitigation and adaptation approaches for the 18 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 integral and sustainable management of forests; while reaffirming the importance of non-carbon benefits associated with such approaches; as set out in related guidance and decisions already agreed under the Convention. Article 3 ter 1. 2. 3. 4. 5. 6. [A mechanism to contribute to the mitigation of greenhouse gas emissions and support sustainable development [in developing country Parties] is hereby established under the authority and guidance of the Conference of the Parties serving as the meeting of the Parties to the Agreement, shall be supervised by a body designated by the Conference of the Parties serving as the meeting of the Parties to the Agreement, and shall aim to: (a) Promote the mitigation of greenhouse gas emissions [in developing country Parties] while fostering sustainable development; (b) Incentivise and facilitate participation in the mitigation of greenhouse gas emissions by public and private entities authorized by a Party; (c) Contribute to the reduction of emission levels in the [developing country] host Party, which will benefit from mitigation activities resulting in emission reductions that can also be used by another Party to fulfil its ###; (d) Promote a net contribution to the mitigation of greenhouse gas emissions; Emission reductions resulting from this mechanism shall not be used to demonstrate achievement of the host Party’s ###, if used by another Party to demonstrate achievement of its ###. The Conference of the Parties serving as the meeting of the Parties to the Agreement shall ensure that a share of the proceeds from activities under the mechanism are used to cover administrative expenses as well as to assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation. The Conference of the Parties serving as the meeting of the Parties to the Agreement shall adopt modalities and procedures for this mechanism at its first session.] [A mechanism is hereby established to support holistic and integrated approaches to sustainable development in harmony with nature, to be available to assist [developing country] Parties in fulfilling their ###, including, in a balanced manner, mitigation, adaptation, provision of finance, technology transfer and capacity building. This mechanism shall be under the authority and guidance of the Conference of the Parties serving as the meeting of the Parties to the Agreement, shall be supervised by a body designated by the Conference of the Parties serving as the meeting of the Parties to the Agreement, and shall aim to: (a) Enhance mitigation and adaptation ambition and the provision or mobilization of public financing, technology transfer and capacity building, in an integrated manner for climate action; (b) Enhance non-market-based approaches and enable participation in joint cost-effective mitigation and adaptation actions by public and private entities acting authorized by a Party; (c) Support implementation of the joint mitigation and adaptation approach for the integral and sustainable management of forests as an alternative policy approach to results-based payments; (d) Fully respect mitigation contributions of participating Parties to ensure that the global mitigation effort is not undermined. The Conference of the Parties serving as the meeting of the Parties to the Agreement shall adopt modalities and procedures for the mechanism at its first session.] Article 4 1. 2. 3. 4. Parties hereby establish the global goal of enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change, with a view to contributing to sustainable development and ensuring adaptation in the context of the temperature goal referred to in Article 2. Parties recognize that adaptation is a global challenge faced by all with local, subnational, national, regional and international dimensions, and that it is a key component of and makes a contribution to the long-term global response to climate change to protect people, livelihoods and ecosystems, taking into account the urgent and immediate needs of those developing country Parties that are particularly vulnerable. Adaptation efforts of developing country Parties shall be recognized, in accordance with the modalities to be adopted by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session. Parties recognize the need for adaptation regardless of the level of mitigation reached, that greater levels of mitigation can reduce the need for additional adaptation efforts, and that greater adaptation needs involve greater adaptation costs and that greater rates and magnitude of climate change increase the likelihood of exceeding adaptation limits. 19 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Parties acknowledge that adaptation action should follow a country-driven, gender-responsive, participatory and fully transparent approach, taking into consideration vulnerable groups, communities and ecosystems, and should be based on and guided by the best available science and, as appropriate, traditional, knowledge of indigenous peoples and local knowledge systems, with a view to integrating adaptation into relevant socioeconomic and environmental policies and actions, where appropriate. Parties recognize the importance of support for and international cooperation on adaptation efforts and the importance of taking into account the needs of those developing country Parties that are particularly vulnerable [, recognizing the particular vulnerabilities of the least developed countries and small island developing States]. Parties should strengthen their cooperation on enhancing action on adaptation, taking into account the Cancun Adaptation Framework, including with regard to: (a) Sharing information, good practices, experiences and lessons learned, including, as appropriate, as these relate to science, planning, policies and implementation in relation to adaptation actions; (b) Strengthening institutional arrangements, including those under the Convention, to support the synthesis of relevant information and knowledge and the provision of technical support and guidance to Parties; (c) Strengthening scientific knowledge on climate, including research, systematic observation of the climate system and early warning systems, in a manner that informs climate services and supports decisionmaking; (d) Assisting developing country Parties in identifying effective adaptation practices, adaptation needs, priorities, support provided and received for adaptation actions and efforts, and challenges and gaps, in a manner consistent with encouraging good practices; (e) Improving the effectiveness and durability of adaptation actions. United Nations specialized organizations and agencies are encouraged to support the efforts of Parties to implement the actions referred to in paragraph 7 of this Article, taking into account the provisions of paragraph 5 of this Article. Each Party shall, as appropriate, engage in the implementation of adaptation planning processes and actions, including the development or enhancement of relevant plans, policies and/or contributions, which may include: (a) The implementation of adaptation actions, undertakings and/or efforts; (b) The process to formulate and implement national adaptation plans; (c) The assessment of climate change impacts and vulnerability, with a view to formulating nationally determined prioritized actions, taking into account vulnerable people, places and ecosystems; (d) Monitoring and evaluating and learning from adaptation plans, policies, programmes and actions; (e) Building the resilience of socioeconomic and ecological systems, including through economic diversification and sustainable management of natural resources. Each Party shall, as appropriate, submit an adaptation communication, which may include its priorities, support needs, plans and actions, without creating any additional burden for developing country Parties. The adaptation communication referred to in paragraph 10 of this Article shall be, as appropriate, submitted and updated independently, or as a component of or in conjunction with other communications, including a national adaptation plan, or a ### as referred to in Article 3, paragraph 2 [and 2 bis.], and/or a national communication. The adaptation communication referred to in paragraph 10 of this Article shall be recorded in a public registry maintained by the secretariat. Developing country Parties shall receive continuous and enhanced international support for the implementation of paragraphs 9, 10 and 11 of this Article, in accordance with the provisions of Articles 6, 7 and 8. The global stocktake referred to in Article 10 shall: (a) Recognize and enhancing the implementation of adaptation action on the basis of the adaptation communication referred to in paragraph 10 of this Article; (b) Assess the adequacy and effectiveness of support provided for adaptation; (c) Review the overall progress made in achieving the global goal referred to in paragraph 1 of this Article. Article 5 4 Option 1: Parties recognize the importance of averting, minimizing and addressing loss and damage associated with the adverse effects of climate change, including extreme events and slow onset events, and the role of sustainable development in reducing the risk of loss and damage. 4 Without prejudice to the final placement of provisions for loss and damage within the Agreement. 20 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 Option 2: 1. Parties recognize the importance of averting, minimizing and addressing loss and damage associated with the adverse effects of climate change, including extreme events and slow onset events, and the role of sustainable development in reducing the risk of loss and damage. 2. Accordingly, Parties, in the context of international cooperation and solidarity[, and in accordance with the principle and provisions of the Convention, including common but differentiated responsibilities and respective capabilities] shall, as appropriate, enhance and, where needed, develop and implement approaches to address loss and damage associated with the adverse effects of climate change, including as they relate to: (a) Early warning systems; (b) Slow onset events, including those that may involve irreversible and permanent loss and damage; (c) Comprehensive risk assessment and management; (d) Risk insurance facilities, climate risk pooling and other insurance solutions; (e) Non-economic losses; (f) Climate change induced displacement, migration and planned relocation. 3. Parties shall enhance action and support, on a cooperative and facilitative basis, for addressing loss and damage associated with the adverse effects of climate change, and in a manner that does not involve or provide a basis for liability or compensation nor prejudice existing rights under international law.5 4. Option 1: An international mechanism to address loss and damage is hereby defined under this Agreement. It shall be bound by the principles and provisions of the Convention. The international mechanism on loss and damage shall draw upon, further develop and elaborate on the work of the Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts, pursuant to relevant COP decisions, including the development of modalities and procedures for the mechanism’s operation and support. It can involve, as appropriate, existing bodies and expert groups under the Convention, as well as relevant organizations and expert bodies outside the Convention, and be informed by relevant precedents in international law. Option 2: The Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts, established in accordance with the Convention, shall serve this Agreement. Parties shall continue to implement the Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts, in accordance with decisions 3/CP.18 and 2/CP. 20. It shall be strengthened, as appropriate, in order to avert, minimize and address loss and damage associated with the adverse effects of climate change. 5. The [Warsaw International Mechanism, as referred to in paragraph 4 above,][international mechanism, as referred to in paragraph 4 above,] shall promote and support the development and implementation of approaches to address loss and damage associated with the adverse effects of climate change in particularly vulnerable developing countries. Article 6 1. 2. 5 Developed country Parties shall provide [new,] [additional,] [adequate,] [predictable,] [accessible,] [sustained] and [scaled-up] financial resources to assist developing country Parties with respect to both mitigation and adaptation. Other Parties may on a voluntary, complementary basis, provide resources to developing countries, including through South-South cooperation initiatives. Developed country Parties should take the lead in mobilizing and facilitating the mobilization of climate finance, from a wide variety of sources, instruments and channels, noting the significant role of public funds, as part of a shared effort by all Parties, through a variety of actions, including, inter alia, the enhancement of enabling environments, supporting country-driven strategies, and taking into account the needs and priorities of developing country Parties.3. The provision and mobilization of climate finance to enhance mitigation and adaptation action in developing country Parties shall represent a progression beyond previous efforts from a floor of USD $100 billion per year, which is to be mobilized by developed country Parties in the context of meaningful mitigation action and transparency on implementation, towards achieving short-term collective quantified goals for the post 2020 period to be periodically established and reviewed by the Conference of the Placement of mentioning of implications of liability, compensation and rights is pending further consideration. 21 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 4. 5. 6. 7. 8. 9. 10. Parties serving as the meeting of the Parties to the Agreement, in the context of the global stocktake, referred to in Article 10. Parties should integrate climate considerations, including resilience, into international development assistance. The provision of scaled-up financial resources should aim to achieve a balance between adaptation and mitigation, taking into account country-driven strategies, and the priorities and needs of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change, [including least developed countries, small island developing States and African States], considering the need for public and grant-based resources for adaptation. To enhance predictability, developed country Parties shall biennially communicate indicative quantitative and qualitative information related to paragraphs 1 and 2 of this Article, as applicable, including projected levels of public financial resources to be provided to developing country Parties, taking into account the outcomes of the global stocktake referred to in Article 10. The global stocktake referred to in Article 10 shall take into account the relevant information provided by developed country Parties, including Agreement bodies, on efforts related to climate finance. Transparent, complete, consistent, comparable, and accurate information on support for developing country Parties provided, mobilized through public interventions and received shall biennially be provided by developed country Parties in accordance with the modalities, procedures and guidelines to be adopted at the Conference of the Parties serving as the meeting of the Parties to the Agreement, at its first session, as stipulated in Article 9, paragraph 8. The Financial Mechanism of the Convention, including its operating entities, shall serve as the financial mechanism of this Agreement. The institutions serving this Agreement, including the operating entities of the Financial Mechanism, shall aim to ensure efficient access to financial resources through simplified approval procedures and enhanced readiness support for developing country Parties[, in particular for LDCs, SIDS and African States], in the context of their national climate strategies and plans. Article 7 1. 2. 3. 4. 5. 6. Parties, noting the importance of technology for the implementation of mitigation and adaptation actions under this Agreement and recognizing existing technology deployment and dissemination efforts, shall strengthen cooperative action on technology development and transfer. Parties share a long-term vision on the importance of fully realizing technology development and transfer in order to improve resilience to climate change and to reduce greenhouse gas emissions. A technology framework is hereby established to provide overarching guidance to the work of the Technology Mechanism in promoting and facilitating enhanced action on technology development and transfer in order to support the implementation of this Agreement, in pursuit of the long-term vision referred to in paragraph 2 of this Article. Accelerating, encouraging and enabling innovation is critical for an effective, long-term global response to climate change and promoting economic growth and sustainable development. Such effort shall be, as appropriate, supported, including through financial means by the Technology Mechanism and the Financial Mechanism of the Convention, for collaborative approaches to research and development, and facilitating access to technology, in particular for early stages of the technology cycle, to developing countries. The Technology Mechanism shall serve this Agreement. Developed country Parties shall provide support, including financial support, for the implementation of this Article, including for strengthening cooperative action on technology development and transfer at different stages of the technology cycle, ensuring the balance between mitigation and adaptation. The global stocktake referred to in Article 10 shall take into account available information by developed country Parties and Agreement bodies on efforts related to support on technology development and transfer for developing country. Article 8 1. 2. Capacity-building under this Agreement should enhance the capacity and ability of developing country Parties, in particular countries with the least capacity, such as least developed countries and small island developing States and African States [in accordance with the principles and provisions of the Convention] to take effective climate change action, including, inter alia, to implement adaptation and mitigation actions, and facilitate technology development, dissemination and deployment, access to climate finance, relevant aspects of education, training and public awareness, and the transparent, timely and accurate communication of information. Capacity-building should be country-driven, based on and responsive to national needs, and foster country ownership of Parties, including at the national, subnational and local levels. Capacity-building should be guided 22 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 3. 4. 5. by lessons learned, including those from capacity-building activities under the Convention, and should be an effective, iterative process that is participatory, cross-cutting and gender-responsive. All Parties should cooperate to enhance the capacity of developing country Parties to implement this Agreement. Developed country Parties should enhance support for actions for capacity-building in developing countries. All Parties enhancing the capacity of developing country Parties to implement this Agreement, including through regional, bilateral and multilateral approaches, shall regularly communicate on these actions or measures on capacity-building. Developing country Parties should regularly communicate progress made on implementing capacity-building plans, policies, actions or measures to implement this Agreement. Capacity-building activities shall be enhanced through appropriate institutional arrangements to support the implementation of this Agreement, including the appropriate institutional arrangements established under the Convention that serve this Agreement. The Conference of the Parties serving as the meeting of the Parties to the Agreement shall at its first session take an initial decision on the institutional arrangements for capacity-building. Article 8 bis Parties shall cooperate in taking measures, as appropriate, to enhance climate change education, training, public awareness, public participation and public access to information, recognizing the importance of these steps with respect to enhancing actions under this Agreement. Article 9 1. 2. 3. 4. 5. 6. Option 1: A robust transparency framework covering both action and support, differentiated between developed and developing countries, building on the arrangements under the Convention, related decisions of the COP and mechanisms established by the Cancun Agreements (decision 1/CP.16), applicable to all Parties, and providing flexibility to developing countries is hereby established. Option 2: A unified and robust transparency framework, covering both action and support, with built-in flexibility to take into account Parties’ differing capacities, and applicable to all Parties is hereby established. Option 3: Building on existing arrangements under the Convention, a transparency framework for action and support that takes into account Parties different capacities and is applicable to all Parties is hereby established. The transparency framework shall provide flexibility in the implementation of the provisions of this Article to developing country Parties in the light of their capacities. The modalities, procedures and guidelines referred to in paragraph 8 of this Article shall reflect such flexibility. The transparency framework shall recognize the special circumstances of the least developed countries and small island developing States, and be implemented in a facilitative, non-intrusive, non-punitive manner, respectful of national sovereignty, and avoid placing undue burden on Parties. The purpose of the framework for transparency of action is: (a) To provide a clear understanding of climate change actions in the light of the objective of the Convention as set out on its Article 2; (b) To provide a clear understanding of the anthropogenic emissions by sources and removals by sinks of individual Parties; (c) To facilitate understanding of global aggregate emissions and removals to inform the global stocktake under Article 10; (d) To ensure clarity and tracking of progress made towards ### and achieving individual Parties’ respective mitigation ### under Article 3; (e) To provide clarity on Parties’ adaptation actions under Article 4, including good practices, priorities, needs and gaps. The purpose of the framework for transparency of support is: (a) To provide a clear understanding of the support provided and received by relevant individual Parties in the context of climate change actions under Articles 3 and 4; (b) To achieve, to the extent possible, a full overview of aggregate financial support provided, to inform the global stocktake under Article 10; (c) To ensure clarity and tracking of progress made in providing support in accordance with Articles 6, 7 and 8; (d) To ensure clarity and tracking of support needed and received by developing country Parties in accordance with Articles 6, 7 and 8; (e) To ensure the avoidance of double counting of financial resources provided. Each Party shall regularly provide the following information in accordance with guidelines referred to in paragraph 8 of this Article: 23 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 (a) (b) (c) 7. 8. 9. 10. 11. 12. Its national inventory of anthropogenic emissions by sources and removals by sinks of greenhouse gases; Projections of anthropogenic emissions by sources and removals by sinks of greenhouse gas; Progress made towards achieving its respective mitigation ### under Article 3 including information specific to the type of ###; (d) Climate change impacts and actions taken to build resilience and reduce vulnerability, and progress on adaptation actions under Article 4; (e) Support provided and received, as relevant, including specific information required under Articles 6.13, 6.14, 7 and 8. Option 1: The information provided by each Party as required under this Article shall be subject to a technical expert review, in accordance with guidelines and procedures adopted by the Conference of the Parties serving as the meeting of the Parties to the Agreement, with additional flexibility to be given to least developed countries and small island developing States. The review shall provide a thorough, objective and comprehensive technical assessment of the Party’s implementation and achievement of its ### and other requirements of the Agreement, analyse the extent to which the Parties reporting is in line with the guidelines adopted by the Conference of the Parties serving as the meeting of the Parties to the Agreement, and identify any areas for improvement in reporting and possible capacity building, in consultation with the Party concerned. The technical expert review shall be carried out by an expert review team that shall produce a report, to be consulted on with the Party concerned, for publication by the secretariat and consideration by the Conference of the Parties serving as the meeting of the Parties to the Agreement. The report shall identify any issues related to compliance in accordance with Article 11. A multilateral and facilitative examination shall consider the information above. Option 2: All information provided by developed country Parties shall be reviewed through a robust technical review process followed by a multilateral assessment process, and result in a conclusion with consequences for compliance. All information provided by developing country Parties should be analysed through a technical analysis process followed by a multilateral facilitative sharing of views, and result in a summary report, in a manner that is nonintrusive, non-punitive and respectful of national sovereignty, according to the level of support received from developed country Parties. The Conference of the Parties serving as the meeting of the Parties to the Agreement shall, at its first session, building on experience from the arrangements related to transparency under the Convention, and elaborating on the provisions in this Article, adopt common modalities, procedures and guidelines, as appropriate, for the transparency of action and support. The transparency arrangements under the Convention, including national communications, biennial reports and biennial update reports, international assessment and review and international consultation and analysis , shall form part of the experience drawn upon for the development of modalities, procedures and guidelines under paragraph 8 of this Article. Support shall be provided to developing countries for the implementation of paragraphs 6 and 7 of this Article. Developed country Parties shall provide support to developing country Parties in the implementation of this Article. Support shall also be provided for the building of transparency-related capacity of developing country Parties on a continuous basis. Article 10 1. 2. 3. The Conference of the Parties serving as the meeting of the Parties to the Agreement shall periodically take stock of the implementation of this Agreement to assess the collective progress towards achieving the purpose of this Agreement and its long-term goals. It shall do so in a comprehensive and facilitative manner, considering mitigation, adaptation and the means of implementation and support, and in the light of the best available science and equity. The Conference of the Parties serving as the meeting of the Parties to the Agreement shall undertake its first global stocktake in 2023 and every five years thereafter unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to the Agreement. The outcome of the stocktake shall guide and inform Parties in updating and enhancing, in a nationally determined manner, their actions and support in accordance with the relevant provisions of this Agreement, as well as in enhancing international cooperation for climate action. Article 11 1. A mechanism to facilitate implementation of [and promote compliance with] the provisions of this Agreement is hereby established. 24 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 2. 3. The mechanism referred to in paragraph 1 of this Article shall consist of a committee that shall be expert-based and facilitative in nature and function in a manner that is transparent, non-adversarial, and non-punitive. The committee shall pay particular attention to the respective national capabilities and circumstances of Parties. The committee shall operate under modalities and procedures adopted by the Conference of the Parties serving as the meeting of the Parties to the Agreement at its first session and report annually to the Conference of the Parties serving as the meeting of the Parties to the Agreement. Article 12 1. 2. 3. 4. 5. 6. 7. 8. The Conference of the Parties, the supreme body of the Convention, shall serve as the meeting of the Parties to this Agreement. Parties to the Convention that are not Parties to this Agreement may participate as observers in the proceedings of any session of the Conference of the Parties serving as the meeting of the Parties to this Agreement. When the Conference of the Parties serves as the meeting of the Parties to this Agreement, decisions under this Agreement shall be taken only by those that are Parties to this Agreement. When the Conference of the Parties serves as the meeting of the Parties to this Agreement, any member of the Bureau of the Conference of the Parties representing a Party to the Convention but, at that time, not a Party to this Agreement, shall be replaced by an additional member to be elected by and from among the Parties to this Agreement. The Conference of the Parties serving as the meeting of the Parties to the Agreement shall keep under regular review the implementation of this Agreement and shall make, within its mandate, the decisions necessary to promote its effective implementation. It shall perform the functions assigned to it by this Agreement and shall: (a) Establish such subsidiary bodies as deemed necessary for the implementation of this Agreement; and (b) Exercise such other functions as may be required for the implementation of this Agreement. The rules of procedure of the Conference of the Parties and the financial procedures applied under the Convention shall be applied mutatis mutandis under this Agreement, except as may be otherwise decided by consensus by the Conference of the Parties serving as the meeting of the Parties to the Agreement. The first session of the Conference of the Parties serving as the meeting of the Parties to the Agreement shall be convened by the secretariat in conjunction with the first session of the Conference of the Parties that is scheduled after the date of entry into force of this Agreement. Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the Parties to the Agreement shall be held in conjunction with ordinary sessions of the Conference of the Parties, unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to the Agreement. Extraordinary sessions of the Conference of the Parties serving as the meeting of the Parties to the Agreement shall be held at such other times as may be deemed necessary by the Conference of the Parties serving as the meeting of the Parties to the Agreement or at the written request of any Party, provided that, within six months of the request being communicated to the Parties by the secretariat, it is supported by at least one third of the Parties. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State member thereof or observers thereto not party to the Convention, may be represented at sessions of the Conference of the Parties serving as the meeting of the Parties to the Agreement as observers. Any body or agency, whether national or international, governmental or non-governmental, which is qualified in matters covered by this Agreement and which has informed the secretariat of its wish to be represented at a session of the Conference of the Parties serving as the meeting of the Parties to the Agreement as an observer, may be so admitted unless at least one third of the Parties present object. The admission and participation of observers shall be subject to the rules of procedure referred to in paragraph 5 of this Article. Article 13 1. 2. The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Agreement. Article 8, paragraph 2, of the Convention on the functions of the secretariat, and Article 8, paragraph 3, of the Convention on arrangements made for the functioning of the secretariat shall apply mutatis mutandis to this Agreement. The secretariat shall, in addition, exercise the functions assigned to it under this Agreement and by the Conference of the Parties serving as the meeting of the Parties to the Agreement. Article 14 1. The Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation established by Articles 9 and 10 of the Convention shall serve, respectively, as the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Agreement. The provisions of the Convention relating to the functioning of these two bodies shall apply mutatis mutandis to this Agreement. 25 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 2. 3. Sessions of the meetings of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Agreement shall be held in conjunction with the meetings of, respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of the Convention. Parties to the Convention that are not Parties to this Agreement may participate as observers in the proceedings of any session of the subsidiary bodies. When the subsidiary bodies serve as the subsidiary bodies of this Agreement, decisions under this Agreement shall be taken only by those that are Parties to this Agreement. When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise their functions with regard to matters concerning this Agreement, any member of the bureaux of those subsidiary bodies representing a Party to the Convention but, at that time, not a Party to this Agreement, shall be replaced by an additional member to be elected by and from among the Parties to this Agreement. Article 15 1. 2. Subsidiary bodies or other institutional arrangements established by or under the Convention, other than those referred to in this Agreement, shall serve this Agreement upon a decision of the Conference of the Parties serving as the meeting of the Parties to the Agreement. The Conference of the Parties serving as the meeting of the Parties to the Agreement shall specify the functions to be exercised by such bodies or arrangements. The Conference of the Parties serving as the meeting of the Parties to the Agreement may provide further guidance to those subsidiary bodies and institutional arrangements. Article 16 1. 2. 3. This Agreement shall be open for signature and subject to ratification, acceptance or approval by States and regional economic integration organizations that are Parties to the Convention. It shall be open for signature at the United Nations Headquarters in New York from 22 April 2016 to 21 April 2017. Thereafter, this Agreement shall be open for accession from the day following the date on which it is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary. Any regional economic integration organization that becomes a Party to this Agreement without any of its member States being a Party shall be bound by all the obligations under this Agreement. In the case of regional economic integration organizations with one or more member States that are Parties to this Agreement, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Agreement. In such cases, the organization and the member States shall not be entitled to exercise rights under this Agreement concurrently. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Agreement. These organizations shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of their competence. Article 18 1. 2. 3. 4. This Agreement shall enter into force on the thirtieth day after the date on which at least [55] Parties to the Convention which accounted in total for at least an estimated [55][70] percent of the total [net] global greenhouse gas emissions have deposited their instruments of ratification, acceptance, approval or accession [, but not earlier than 1 January 2020]. Solely for the limited purpose of paragraph 1 of this Article, "total global greenhouse gas emissions" means the most up-to-date amount communicated under the Convention on or before the date of adoption of this Agreement by the Parties to the Convention. For each State or regional economic integration organization that ratifies, accepts or approves this Agreement or accedes thereto after the condition set out in paragraph 1 of this Article for entry into force has been fulfilled, this Agreement shall enter into force on the thirtieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession. For the purposes of paragraph 1 of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by its member States. Article 19 The provisions of Article 15 of the Convention on the adoption of amendments to the Convention shall apply mutatis mutandis to this Agreement. 26 of 27 COP 21 - Draft text agenda item 4 (b) - version 2 Article 20 1. 2. Annexes to this Agreement shall form an integral part thereof and, unless otherwise expressly provided for, a reference to this Agreement constitutes at the same time a reference to any annexes thereto. Such annexes shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientific, technical, procedural or administrative character. The provisions of Article 16 of the Convention on the adoption and amendment of annexes to the Convention shall apply mutatis mutandis to this Agreement. Article 21 The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Agreement. Article 22 1. 2. Each Party shall have one vote, except as provided for paragraph 2 of this Article. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States that are Parties to this Agreement. Such an organization shall not exercise its 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 be the Depositary of this Agreement. Article 24 No reservations may be made to this Agreement. Article 25 1. 2. 3. At any time after three years from the date on which this Agreement has entered into force for a Party, that Party may withdraw from this Agreement by giving written notification to the Depositary. Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal. Any Party that withdraws from the Convention shall be considered as also having withdrawn from this Agreement. Article 26 The original of this Agreement, 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.] 27 of 27