Decision 15/CP.7
Principles, nature and scope of the mechanisms pursuant to
Articles 6, 12 and 17 of the Kyoto Protocol
The Conference of the Parties,
Recalling its decision 1/CP.3, in particular paragraphs 5(b), (c) and (e),
Further recalling its decisions 7/CP.4, 8/CP.4, 9/CP.4, 14/CP.5, and 5/CP.6
containing the Bonn Agreements on the implementation of the Buenos Aires Plan
of Action, as appropriate,
Recalling also the preamble to the Convention,
Recognizing that, in using the mechanisms, Parties shall be guided by the
objective and principles contained in Articles 2 and 3 and by Article 4, paragraph
7, of the Convention,
Further recognizing that the Kyoto Protocol has not created or bestowed any
right, title or entitlement to emissions of any kind on Parties included in
Annex I,
Emphasizing that the Parties included in Annex I shall implement domestic action
in accordance with national circumstances and with a view to reducing emissions
in a manner conducive to narrowing per capita differences between developed
and developing country Parties while working towards achievement of the ultimate
objective of the Convention,
Affirming that the use of the mechanisms shall be supplemental to domestic
action and that domestic action shall thus constitute a significant element
of the effort made by each Party included in Annex I to meet its quantified
emission limitation and reduction commitments under Article 3, paragraph 1,
Further emphasizing that environmental integrity is to be achieved through
sound modalities, rules and guidelines for the mechanisms, sound and strong
principles and rules governing land use, land?use change and forestry activities
and a strong compliance regime,
Aware of its decisions 11/CP.7, 16/CP.7, 17/CP.7, 18/CP.7, 19/CP.7, 20/CP.7,
21/CP.7, 22/CP.7, 23/CP.7 and 24/CP.7,
Recommends that the Conference of the Parties serving as the meeting of the
Parties to the Kyoto Protocol, at its first session, adopt the draft decision
below.
8th plenary meeting
10 November 2001
Decision 17/CP.7
Modalities and procedures for a clean development mechanism
as defined in Article 12 of the Kyoto Protocol
The Conference of the Parties,
Recalling Article 12 of the Kyoto Protocol which provides that the purpose
of the clean development mechanism shall be to assist Parties not included in
Annex I to the Convention in achieving sustainable development and in contributing
to the ultimate objective of the Convention, and to assist Parties included
in Annex I in achieving compliance with their quantified emission limitation
and reduction commitments under Article 3 of the Kyoto Protocol,
Recalling also its decision 5/CP.6 containing the Bonn Agreements on the implementation
of the Buenos Aires Plan of Action,
Aware of its decisions 2/CP.7, 11/CP.7, 15/CP.7, 16/CP.7, 18/CP.7, 19/CP.7,
20/CP.7, 21/CP.7, 22/CP.7, 23/CP.7, 24/CP.7 and 38/CP.7,
Affirming that it is the host Party's prerogative to confirm whether a clean
development mechanism project activity assists it in achieving sustainable development,
Recognizing that Parties included in Annex I are to refrain from using certified
emission reductions generated from nuclear facilities to meet their commitments
under Article 3, paragraph 1,
Bearing in mind the need to promote equitable geographic distribution of clean
development mechanism project activities at regional and subregional levels,
Emphasizing that public funding for clean development mechanism projects from
Parties in Annex I is not to result in the diversion of official development
assistance and is to be separate from and not counted towards the financial
obligations of Parties included in Annex I,
Further emphasizing that clean development mechanism project activities should
lead to the transfer of environmentally safe and sound technology and know-how
in addition to that required under Article 4, paragraph 5, of the Convention
and Article 10 of the Kyoto Protocol,
Recognizing the need for guidance for project participants and designated
operational entities, in particular for establishing reliable, transparent and
conservative baselines, to assess whether clean development mechanism project
activities are in accordance with the additionality criterion in Article 12,
paragraph 5(c), of the Kyoto Protocol,
1. Decides to facilitate a prompt start for a clean
development mechanism by adopting the modalities and procedures contained in
the annex below;
2. Decides that, for the purposes of the present decision, the Conference of
the Parties shall assume the responsibilities of the Conference of the Parties
serving as the meeting of the Parties to the Kyoto Protocol as set out in the
annex below on modalities and procedures;
3. Invites nominations for membership in the executive board:
(a) For facilitating the prompt start of the clean development mechanism, from
Parties to the Convention to be submitted to the President of the Conference
of the Parties at its present session, with a view to the Conference of the
Parties electing the members of the executive board at that session;
(b) Upon the entry into force of the Kyoto Protocol, to replace any member of
the executive board of the clean development mechanism whose country has not
ratified or acceded to the Protocol. Such new members shall be nominated by
the same constituencies and elected at the first session of the Conference of
the Parties serving as the meeting of the Parties to the Kyoto Protocol;
4. Decides that, prior to the first session of the Conference of the Parties
serving as the meeting of the Parties to the Kyoto Protocol, the executive board
and any designated operational entities shall operate in the same manner as
the executive board and designated operational entities of the clean development
mechanism as set out in the annex below;
5. Decides that the executive board shall convene its first meeting immediately
upon the election of its members;
6. Decides that the executive board shall include in its work plan until the
eighth session of the Conference of the Parties, inter alia, the following tasks:
(a) To develop and agree on its rules of procedure and recommend them to the
Conference of the Parties for adoption, applying draft rules until then;
(b) To accredit operational entities and designate them, on a provisional basis,
pending the designation by the Conference of the Parties at its eighth session;
(c) To develop and recommend to the Conference of the Parties, at its eighth
session, simplified modalities and procedures for the following small-scale
clean development mechanism project activities:
(i) Renewable energy project activities with a maximum output capacity equivalent
of up to 15 megawatts (or an appropriate equivalent);
(ii) Energy efficiency improvement project activities which reduce energy consumption,
on the supply and/or demand side, by up to the equivalent of 15 gigawatt/hours
per year;
(iii) Other project activities that both reduce anthropogenic emissions by sources
and directly emit less than 15 kilotonnes of carbon dioxide equivalent annually;
(d) To prepare recommendations on any relevant matter, including on Appendix
C to the annex below, for consideration by the Conference of the Parties at
its eighth session;
(e) To identify modalities for seeking collaboration with the Subsidiary Body
for Scientific and Technological Advice on methodological and scientific issues;
7. Decides:
(a) That the eligibility of land use, land-use change and forestry project activities
under the clean development mechanism is limited to afforestation and reforestation;
(b) That for the first commitment period, the total of additions to a Party's
assigned amount resulting from eligible land use, land-use change and forestry
project activities under the clean development mechanism shall not exceed one
per cent of base year emissions of that Party, times five;
(c) That the treatment of land use, land-use change and forestry project activities
under the clean development mechanism in future commitment periods shall be
decided as part of the negotiations on the second commitment period;
8. Requests the secretariat to organize a workshop before the sixteenth session
of the Subsidiary Body for Scientific and Technological Advice with the aim
of recommending terms of reference and an agenda for the work to be conducted
under paragraph 10(b) below on the basis of, inter alia, submissions by Parties
referred to in paragraph 9 below;
9. Invites Parties to provide submissions to the secretariat by 1 February 2002
on the organization of the workshop referred to in paragraph 8 above, and to
express their views on the terms of reference and the agenda for the work to
be conducted under paragraph 10(b) below;
10. Requests the Subsidiary Body for Scientific and Technological Advice:
(a) To develop at its sixteenth session terms of reference and an agenda for
the work to be conducted under subparagraph (b) below, taking into consideration,
inter alia, the outcome of the workshop mentioned in paragraph 8 above;
(b) To develop definitions and modalities for including afforestation and reforestation
project activities under the clean development mechanism in the first commitment
period, taking into account the issues of non?permanence, additionality, leakage,
uncertainties and socio?economic and environmental impacts, including impacts
on biodiversity and natural ecosystems, and being guided by the principles in
the preamble to decision -/CMP.1 (Land use, land-use change and forestry) and
the terms of reference referred to in subparagraph (a) above, with the aim of
adopting a decision on these definitions and modalities at the ninth session
of the Conference of the Parties, to be forwarded to the Conference of the Parties
serving as the meeting of the Parties to the Kyoto Protocol at its first session;
11. Decides that the decision by the Conference of the Parties at its ninth
session, on definitions and modalities for inclusion of afforestation and reforestation
project activities under the clean development mechanism, for the first commitment
period, referred to in paragraph 10 (b) above, shall be in the form of an annex
on modalities and procedures for afforestation and reforestation project activities
for a clean development mechanism reflecting, mutatis mutandis, the annex to
the present decision on modalities and procedures for a clean development mechanism;
12. Decides that certified emission reductions shall only be issued for a crediting
period starting after the date of registration of a clean development mechanism
project activity;
13. Further decides that a project activity starting as of the year 2000, and
prior to the adoption of this decision, shall be eligible for validation and
registration as a clean development mechanism project activity if submitted
for registration before 31 December 2005. If registered, the crediting period
for such project activities may start prior to the date of its registration
but not earlier than 1 January 2000;
14. Requests Parties included in Annex I to start implementing measures to assist
Parties not included in Annex I, in particular the least developed and small
island developing States among them, with building capacity in order to facilitate
their participation in the clean development mechanism, taking into account
relevant decisions by the Conference of the Parties on capacity-building and
on the financial mechanism of the Convention;
15. Decides:
(a) That the share of proceeds to assist developing country Parties that are
particularly vulnerable to the adverse effects of climate change to meet the
costs of adaptation, as referred to in Article 12, paragraph 8, of the Kyoto
Protocol, shall be two per cent of the certified emission reductions issued
for a clean development mechanism project activity;
(b) That clean development mechanism project activities in least developed country
Parties shall be exempt from the share of proceeds to assist with the costs
of adaptation;
16. Decides that the level of the share of proceeds to cover administrative
expenses of the clean development mechanism shall be determined by the Conference
of the Parties upon the recommendation of the executive board;
17. Invites Parties to finance the administrative expenses for operating the
clean development mechanism by making contributions to the UNFCCC Trust Fund
for Supplementary Activities. Such contributions shall be reimbursed, if requested,
in accordance with procedures and a timetable to be determined by the Conference
of the Parties upon the recommendation of the executive board. Until the Conference
of the Parties determines a percentage for the share of proceeds for the administrative
expenses, the executive board shall charge a fee to recover any project related
expenses;
18. Requests the secretariat to perform any functions assigned to it in the
present decision and in the annex below;
19. Decides to assess progress made regarding the clean development mechanism
and to take appropriate action, as necessary. Any revision of the decision shall
not affect clean development mechanism project activities already registered;
20. Recommends that the Conference of the Parties serving as the meeting of
the Parties to the Kyoto Protocol, at its first session, adopt the draft decision
below.
8th plenary meeting
10 November 2001
Draft decision -/CMP.1 (Article
12)
Modalities and procedures for a clean development mechanism as defined in Article
12 of the Kyoto Protocol
The Conference of the Parties serving as the meeting of the Parties to the
Kyoto Protocol,
Recalling the provisions of Articles 3 and 12 of the Kyoto Protocol,
Bearing in mind that, in accordance with Article 12, the purpose of the clean
development mechanism is to assist Parties not included in Annex I to the Convention
in achieving sustainable development and in contributing to the ultimate objective
of the Convention, and to assist Parties included in Annex I in achieving compliance
with their quantified emission limitation and reduction commitments under Article
3 of the Kyoto Protocol,
Aware of its decisions -/CMP.1 (Mechanisms), -/CMP.1 (Article 6), -/CMP.1
(Article 17), -/CMP.1 (Land use, land-use change and forestry), -/CMP.1 (Modalities
for the accounting of assigned amounts), -/CMP.1 (Article 5.1), -/CMP.1 (Article
5.2), -/CMP.1 (Article 7) and -/CMP.1 (Article 8), and decisions 2/CP.7 and
24/CP.7,
Cognizant of decision 17/CP.7 on modalities and procedures for
a clean development mechanism as defined in Article 12 of the Kyoto Protocol,
1. Decides to confirm, and give full effect to any actions taken pursuant to,
decision 17/CP.7 and to any other relevant decisions by the Conference of the
Parties, as appropriate;
2. Adopts the modalities and procedures for a clean development mechanism contained
in the annex below;
3. Invites the executive board to review the simplified modalities, procedures
and the definitions of small?scale project activities referred to in paragraph
6(c) of decision 17/CP.7 and, if necessary, make appropriate recommendations
to the Conference of the Parties serving as the meeting of the Parties to the
Kyoto Protocol;
4. Decides further that any future revision of the modalities and procedures
for a clean development mechanism shall be decided in accordance with the rules
of procedure of the Conference of the Parties serving as the meeting of the
Parties to the Kyoto Protocol, as applied. The first review shall be carried
out no later than one year after the end of the first commitment period, based
on recommendations by the executive board and by the Subsidiary Body for Implementation
drawing on technical advice from the Subsidiary Body for Scientific and Technological
Advice, as needed. Further reviews shall be carried out periodically thereafter.
Any revision of the decision shall not affect clean development mechanism project
activities already registered.
ANNEX
Modalities and procedures for a clean development mechanism
A. Definitions
1. For the purposes of the present annex the
definitions contained in Article 11 and the provisions of Article 14 shall apply.
Furthermore:
(a) An "emission reduction unit" or "ERU" is a unit issued
pursuant to the relevant provisions in the annex to decision -/CMP.1 (Modalities
for the accounting of assigned amounts) and is equal to one metric tonne of
carbon dioxide equivalent, calculated using global warming potentials defined
by decision 2/CP.3 or as subsequently revised in accordance with Article 5;
(b) A "certified emission reduction" or "CER" is a unit
issued pursuant to Article 12 and requirements thereunder, as well as the relevant
provisions in these modalities and procedures, and is equal to one metric tonne
of carbon dioxide equivalent, calculated using global warming potentials defined
by decision 2/CP.3 or as subsequently revised in accordance with Article 5;
(c) An "assigned amount unit" or "AAU" is a unit issued
pursuant to the relevant provisions in the annex to decision -/CMP.1 (Modalities
for the accounting of assigned amounts) and is equal to one metric tonne of
carbon dioxide equivalent, calculated using global warming potentials defined
by decision 2/CP.3 or as subsequently revised in accordance with Article 5;
(d) A "removal unit" or "RMU" is a unit issued pursuant
to the relevant provisions in the annex to decision -/CMP.1 (Modalities for
the accounting of assigned amounts) and is equal to one metric tonne of carbon
dioxide equivalent, calculated using global warming potentials defined by decision
2/CP.3 or as subsequently revised in accordance with Article 5;
(e) "Stakeholders" means the public, including individuals, groups
or communities affected, or likely to be affected, by the proposed clean development
mechanism project activity.
B. Role of the Conference of the
Parties serving as the meeting of the Parties to the Kyoto Protocol
2. The Conference of the Parties serving as
the meeting of the Parties to the Kyoto Protocol (COP/MOP) shall have authority
over and provide guidance to the clean development mechanism (CDM).
3. The COP/MOP shall provide guidance to the executive board
by taking decisions on:
(a) The recommendations made by the executive board on its rules of procedure;
(b) The recommendations made by the executive board, in accordance with provisions
of decision 17/CP.7, the present annex and relevant decisions of the COP/MOP;
(c) The designation of operational entities accredited by the executive board
in accordance with Article 12, paragraph 5, and accreditation standards contained
in Appendix A below.
4. The COP/MOP shall further:
(a) Review annual reports of the executive board;
(b) Review the regional and subregional distribution of designated operational
entities and take appropriate decisions to promote accreditation of such entities
from developing country Parties2.
(c) Review the regional and subregional distribution of CDM project activities
with a view to identifying systematic or systemic barriers to their equitable
distribution and take appropriate decisions, based, inter alia, on a report
by the executive board;
(d) Assist in arranging funding of CDM project activities, as necessary.
C. Executive board
5. The executive board shall supervise the CDM,
under the authority and guidance of the COP/MOP, and be fully accountable to
the COP/MOP. In this context, the executive board shall:
(a) Make recommendations to the COP/MOP on further modalities and procedures for
the CDM, as appropriate;
(b) Make recommendations to the COP/MOP on any amendments or additions to rules
of procedure for the executive board contained in the present annex, as appropriate;
(c) Report on its activities to each session of the COP/MOP;
(d) Approve new methodologies related to, inter alia, baselines, monitoring
plans and project boundaries in accordance with the provisions of Appendix C
below;
(e) Review provisions with regard to simplified modalities, procedures and the
definitions of small scale project activities and make recommendations to the
COP/MOP;
(f) Be responsible for the accreditation of operational entities, in accordance
with accreditation standards contained in Appendix A below, and make recommendations
to the COP/MOP for the designation of operational entities, in accordance with
Article 12, paragraph 5. This responsibility includes:
(i) Decisions on re-accreditation, suspension and withdrawal of accreditation;
(ii) Operationalization of accreditation procedures and standards;
(g) Review the accreditation standards in Appendix A below and make recommendations
to the COP/MOP for consideration, as appropriate;
(h) Report to the COP/MOP on the regional and subregional distribution of CDM
project activities with a view to identifying systematic or systemic barriers
to their equitable distribution;
(i) Make publicly available relevant information, submitted to it for this purpose,
on proposed CDM project activities in need of funding and on investors seeking
opportunities, in order to assist in arranging funding of CDM project activities,
as necessary;
(j) Make any technical reports commissioned available to the public and provide
a period of at least eight weeks for public comments on draft methodologies
and guidance before documents are finalized and any recommendations are submitted
to the COP/MOP for their consideration;
(k) Develop, maintain and make publicly available a repository of approved rules,
procedures, methodologies and standards;
(l) Develop and maintain the CDM registry as defined in Appendix D below;
(m) Develop and maintain a publicly available database of CDM project activities
containing information on registered project design documents, comments received,
verification reports, its decisions as well as information on all CERs issued;
(n) Address issues relating to observance of modalities and procedures for the
CDM by project participants and/or operational entities, and report on them
to the COP/MOP;
(o) Elaborate and recommend to the COP/MOP for adoption at its next session
procedures for conducting the reviews referred to in paragraphs 41 and 65 below
including, inter alia, procedures to facilitate consideration of information
from Parties, stakeholders and UNFCCC accredited observers. Until their adoption
by the COP/MOP, the procedures shall be applied provisionally;
(p) Carry out any other functions ascribed to it in decision 17/CP.7, the present
annex and relevant decisions of the COP/MOP.
6. Information obtained from CDM project participants marked
as proprietary or confidential shall not be disclosed without the written consent
of the provider of the information, except as required by national law. Information
used to determine additionality as defined in paragraph 43 below, to describe
the baseline methodology and its application, and to support an environmental
impact assessment referred to in paragraph 37(c) below, shall not be considered
as proprietary or confidential.
7. The executive board shall comprise ten members from Parties
to the Kyoto Protocol, as follows: one member from each of the five United Nations
regional groups; two other members from the Parties included in Annex I; two other
members from the Parties not included in Annex I; and one representative of the
small island developing States, taking into account the current practice in the
Bureau of the Conference of the Parties.
8. Members, including alternate members, of the executive board
shall:
(a) Be nominated by the relevant constituencies referred to in paragraph 7 above
and be elected by the COP/MOP. Vacancies shall be filled in the same way;
(b) Be elected for a period of two years and be eligible to serve a maximum
of two consecutive terms. Terms as alternate members do not count. Five members
and five alternate members shall be elected initially for a term of three years
and five members and five alternate members for a term of two years. Thereafter,
the COP/MOP shall elect, every year, five new members, and five new alternate
members, for a term of two years. Appointment pursuant to paragraph 11 below
shall count as one term. The members, and alternate members, shall remain in
office until their successors are elected;
(c) Possess appropriate technical and/or policy expertise and shall act in their
personal capacity. The cost of participation of members, and of alternate members,
from developing country Parties and other Parties eligible under UNFCCC practice
shall be covered by the budget for the executive board;
(d) Be bound by the rules of procedure of the executive board;
(e) Take a written oath of service witnessed by the Executive Secretary of the
UNFCCC or his/her authorized representative before assuming his or her duties;
(f) Have no pecuniary or financial interest in any aspect of a CDM project activity
or any designated operational entity;
(g) Subject to their responsibilities to the executive board, not disclose any
confidential or proprietary information coming to their knowledge by reason
of their duties for the executive board. The duty of the member, including alternate
member, not to disclose confidential information constitutes an obligation in
respect of that member, and alternate member, and shall remain an obligation
after the expiration or termination of that member's function for the executive
board.
9. The COP/MOP shall elect an alternate for each member of the
executive board based on the criteria in paragraphs 7 and 8
above. The nomination by a constituency of a candidate member shall be accompanied
by a nomination for a candidate alternate member from the same constituency.
10. The executive board may suspend and recommend to the COP/MOP
the termination of the membership of a particular member, including an alternate
member, for cause including, inter alia, breach of the conflict of interest provisions,
breach of the confidentiality provisions, or failure to attend two consecutive
meetings of the executive board without proper justification.
11. If a member, or an alternate member, of the executive board
resigns or is otherwise unable to complete the assigned term of office or to perform
the functions of that office, the executive board may decide, bearing in mind
the proximity of the next session of the COP/MOP, to appoint another member, or
an alternate member, from the same constituency to replace the said member for
the remainder of that member's mandate.
12. The executive board shall elect its own chairperson and
vice-chairperson, with one being a member from a Party included in Annex I and
the other being from a Party not included in Annex I. The positions of chairperson
and vice-chairperson shall alternate annually between a member from a Party included
in Annex I and a member from a Party not included in Annex I.
13. The executive board shall meet as necessary but no less
than three times a year, bearing in mind the provisions of paragraph 41
below. All documentation for executive board meetings shall be made available
to alternate members.
14. At least two thirds of the members of the executive board,
representing a majority of members from Parties included in Annex I and a majority
of members from Parties not included in Annex I, must be present to constitute
a quorum.
15. Decisions by the executive board shall be taken by consensus,
whenever possible. If all efforts at reaching a consensus have been exhausted
and no agreement has been reached, decisions shall be taken by a three-fourths
majority of the members present and voting at the meeting. Members abstaining
from voting shall be considered as not voting.
16. Meetings of the executive board shall be open to attendance,
as observers, by all Parties and by all UNFCCC accredited observers and stakeholders,
except where otherwise decided by the executive board.
17. The full text of all decisions of the executive board shall
be made publicly available. The working language of the executive board shall
be English. Decisions shall be made available in all six official languages of
the United Nations.
18. The executive board may establish committees, panels or
working groups to assist it in the performance of its functions. The executive
board shall draw on the expertise necessary to perform its functions, including
from the UNFCCC roster of experts. In this context, it shall take fully into account
the consideration of regional balance.
19. The secretariat shall service the executive board.
D. Accreditation and designation
of operational entities
20. The executive board shall:
(a) Accredit operational entities which meet the accreditation standards contained
in Appendix A below;
(b) Recommend the designation of operational entities to the COP/MOP;
(c) Maintain a publicly available list of all designated operational entities;
(d) Review whether each designated operational entity continues to comply with
the accreditation standards contained in Appendix A below
and on this basis confirm whether to reaccredit each operational entity every
three years;
(e) Conduct spot-checking at any time and, on the basis of the results, decide
to conduct the above-mentioned review, if warranted.
21. The executive board may recommend to the COP/MOP to suspend
or withdraw the designation of a designated operational entity if it has carried
out a review and found that the entity no longer meets the accreditation standards
or applicable provisions in decisions of the COP/MOP. The executive board may
recommend the suspension or withdrawal of designation only after the designated
operational entity has had the possibility of a hearing. The suspension or withdrawal
is with immediate effect, on a provisional basis, once the executive board has
made a recommendation, and remains in effect pending a final decision by the COP/MOP.
The affected entity shall be notified, immediately and in writing, once the executive
board has recommended its suspension or withdrawal. The recommendation by the
executive board and the decision by the COP/MOP on such a case shall be made public.
22. Registered project activities shall not be affected by
the suspension or withdrawal of designation of a designated operational entity
unless significant deficiencies are identified in the relevant validation, verification
or certification report for which the entity was responsible. In this case, the
executive board shall decide whether a different designated operational entity
shall be appointed to review, and where appropriate correct, such deficiencies.
If such a review reveals that excess CERs were issued, the designated operational
entity whose accreditation has been withdrawn or suspended shall acquire and transfer,
within 30 days of the end of review, an amount of reduced tonnes of carbon dioxide
equivalent equal to the excess CERs issued, as determined by the executive board,
to a cancellation account maintained in the CDM registry by the executive board.
23. Any suspension or withdrawal of a designated operational
entity that adversely affects registered project activities shall be recommended
by the executive board only after the affected project participants have had the
possibility of a hearing.
24. Any costs related to the review referred to in paragraph
22 above shall be borne by the designated operational entity
whose designation has been withdrawn or suspended.
25. The executive board may seek assistance in performing the
functions in paragraph 20 above, in accordance with the provisions
of paragraph 18 above.
E. Designated operational entities
26. Designated operational entities shall be
accountable to the COP/MOP through the executive board and shall comply with
the modalities and procedures in decision 17/CP.7, the present annex and relevant
decisions of the COP/MOP and the executive board.
27. A designated operational entity shall:
(a) Validate proposed CDM project activities;
(b) Verify and certify reductions in anthropogenic emissions by sources of greenhouse
gases;
(c) Comply with applicable laws of the Parties hosting CDM project activities
when carrying out its functions referred to in subparagraph (e) below;
(d) Demonstrate that it, and its subcontractors, have no real or potential conflict
of interest with the participants in the CDM project activities for which it
has been selected to carry out validation or verification and certification
functions;
(e) Perform one of the following functions related to a given CDM project activity:
validation or verification and certification. Upon request, the executive board
may, however, allow a single designated operational entity to perform all these
functions within a single CDM project activity;
(f) Maintain a publicly available list of all CDM project activities for which
it has carried out validation, verification and certification;
(g) Submit an annual activity report to the executive board;
(h) Make information obtained from CDM project participants publicly available,
as required by the executive board. Information marked as proprietary or confidential
shall not be disclosed without the written consent of the provider of the information,
except as required by national law. Information used to determine additionality
as defined in paragraph 43 below, to describe the baseline
methodology and its application, and to support an environmental impact assessment
referred to in paragraph 37(c) below, shall not be considered
as proprietary or confidential.
F. Participation requirements
28. Participation in a CDM project activity
is voluntary.
29. Parties participating in the CDM shall designate a national
authority for the CDM.
30. A Party not included in Annex I may participate in a CDM
project activity if it is a Party to the Kyoto Protocol.
31. Subject to the provisions of paragraph 32
below, a Party included in Annex I with a commitment inscribed in Annex B is eligible
to use CERs, issued in accordance with the relevant provisions, to contribute
to compliance with part of its commitment under Article 3, paragraph 1, if it
is in compliance with the following eligibility requirements:
(a) It is a Party to the Kyoto Protocol;
(b) Its assigned amount pursuant to Article 3, paragraphs 7 and 8, has been
calculated and recorded in accordance with decision -/CMP.1 (Modalities for
the accounting of assigned amounts);
(c) It has in place a national system for the estimation of anthropogenic emissions
by sources and anthropogenic removals by sinks of all greenhouse gases not controlled
by the Montreal Protocol, in accordance with Article 5, paragraph 1, and the
requirements in the guidelines decided thereunder;
(d) It has in place a national registry in accordance with Article 7, paragraph
4, and the requirements in the guidelines decided thereunder;
(e) It has submitted annually the most recent required inventory, in accordance
with Article 5, paragraph 2, and Article 7, paragraph 1, and the requirements
in the guidelines decided thereunder, including the national inventory report
and the common reporting format. For the first commitment period, the quality
assessment needed for the purpose of determining eligibility to use the mechanisms
shall be limited to the parts of the inventory pertaining to emissions of greenhouse
gases from sources/sector categories from Annex A to the Kyoto Protocol and
the submission of the annual inventory on sinks;
(f) It submits the supplementary information on assigned amount in accordance
with Article 7, paragraph 1, and the requirements in the guidelines decided
thereunder and makes any additions to, and subtractions from, assigned amount
pursuant to Article 3, paragraphs 7 and 8, including for the activities under
Article 3, paragraphs 3 and 4, in accordance with Article 7, paragraph 4, and
the requirements in the guidelines decided thereunder.
32. A Party included in Annex I with a commitment inscribed
in Annex B shall be considered:
(a) To meet the eligibility requirements referred to in paragraph 31
above after 16 months have elapsed since the submission of its report to facilitate
the calculation of its assigned amount pursuant to Article 3, paragraphs 7 and
8, and to demonstrate its capacity to account for its emissions and assigned amount,
in accordance with the modalities adopted for the accounting of assigned amount
under Article 7, paragraph 4, unless the enforcement branch of the compliance
committee finds in accordance with decision 24/CP.7 that the Party does not meet
these requirements, or, at an earlier date, if the enforcement branch of the compliance
committee has decided that it is not proceeding with any questions of implementation
relating to these requirements indicated in reports of the expert review teams
under Article 8 of the Kyoto Protocol, and has transmitted this information to
the secretariat;
(b) To continue to meet the eligibility requirements referred to in paragraph
31 above unless and until the enforcement branch of the compliance
committee decides that the Party does not meet one or more of the eligibility
requirements, has suspended the Party's eligibility, and has transmitted this
information to the secretariat.
33. A Party that authorizes private and/or public entities
to participate in Article 12 project activities shall remain responsible for the
fulfilment of its obligations under the Kyoto Protocol and shall ensure that such
participation is consistent with the present annex. Private and/or public entities
may only transfer and acquire CERs if the authorizing Party is eligible to do
so at that time.
34. The secretariat shall maintain publicly accessible lists
of:
(a) Parties not included in Annex I which are Parties to the Kyoto Protocol;
(b) Parties included in Annex I that do not meet the requirements in paragraph
31 above or have been suspended.
G. Validation and registration
35. Validation is the process of independent
evaluation of a project activity by a designated operational entity against
the requirements of the CDM as set out in decision 17/CP.7, the present annex
and relevant decisions of the COP/MOP, on the basis of the project design document,
as outlined in Appendix B below.
36. Registration is the formal acceptance by the executive
board of a validated project as a CDM project activity. Registration is the prerequisite
for the verification, certification and issuance of CERs related to that project
activity.
37. The designated operational entity selected by project participants
to validate a project activity, being under a contractual arrangement with them,
shall review the project design document and any supporting documentation to confirm
that the following requirements have been met:
(a) The participation requirements as set out in paragraphs 28
to 30 above are satisfied;
(b) Comments by local stakeholders have been invited, a summary of the comments
received has been provided, and a report to the designated operational entity
on how due account was taken of any comments has been received;
(c) Project participants have submitted to the designated operational entity
documentation on the analysis of the environmental impacts of the project activity,
including transboundary impacts and, if those impacts are considered significant
by the project participants or the host Party, have undertaken an environmental
impact assessment in accordance with procedures as required by the host Party;
(d) The project activity is expected to result in a reduction in anthropogenic
emissions by sources of greenhouse gases that are additional to any that would
occur in the absence of the proposed project activity, in accordance with paragraphs
43 to 52 below;
(e) The baseline and monitoring methodologies comply with
requirements pertaining to:
(i) Methodologies previously approved by the executive board; or
(ii) Modalities and procedures for establishing a new methodology, as set out
in paragraph 38 below;
(f) Provisions for monitoring, verification and reporting are in accordance
with decision 17/CP.7, the present annex and relevant decisions of the COP/MOP;
(g) The project activity conforms to all other requirements for CDM project
activities in decision 17/CP.7, the present annex and relevant decisions by
the COP/MOP and the executive board.
38. If the designated operational entity determines that the
project activity intends to use a new baseline or monitoring methodology, as referred
to in paragraph 37(e) (ii) above, it shall, prior to a submission
for registration of this project activity, forward the proposed methodology together
with the draft project design document, including a description of the project
and identification of the project participants to the executive board for review.
The executive board shall expeditiously, if possible at its next meeting but not
later than four months, review the proposed new methodology in accordance with
the modalities and procedures of the present annex. Once approved by the executive
board it shall make the approved methodology publicly available along with any
relevant guidance and the designated operational entity may proceed with the validation
of the project activity and submit the project design document for registration.
In the event that the COP/MOP requests the revision of an approved methodology,
no CDM project activity may use this methodology. The project participants shall
revise the methodology, as appropriate, taking into consideration any guidance
received.
39. A revision of a methodology shall be carried out in accordance
with the modalities and procedures for establishing new methodologies as set out
in paragraph 38 above. Any revision to an approved methodology
shall only be applicable to project activities registered subsequent to the date
of revision and shall not affect existing registered project activities during
their crediting periods.
40. The designated operational entity shall:
(a) Prior to the submission of the validation report to the executive board,
have received from the project participants written approval of voluntary participation
from the designated national authority of each Party involved, including confirmation
by the host Party that the project activity assists it in achieving sustainable
development;
(b) In accordance with provisions on confidentiality contained in paragraph 27(h)
above, make publicly available the project design document;
(c) Receive, within 30 days, comments on the validation requirements from Parties,
stakeholders and UNFCCC accredited non-governmental organizations and make them
publicly available;
(d) After the deadline for receipt of comments, make a determination as to whether,
on the basis of the information provided and taking into account the comments
received, the project activity should be validated;
(e) Inform project participants of its determination on the validation of the
project activity. Notification to the project participants will include:
(i) Confirmation of validation and date of submission of the validation report
to the executive board; or
(ii) An explanation of reasons for non-acceptance if the project activity, as
documented, is judged not to fulfil the requirements for validation;
(f) Submit to the executive board, if it determines the proposed project activity
to be valid, a request for registration in the form of a validation report including
the project design document, the written approval of the host Party as referred
to in subparagraph (a) above, and an explanation of how it has taken due account
of comments received;
(g) Make this validation report publicly available upon transmission to the
executive board.
41. The registration by the executive board shall be deemed
final eight weeks after the date of receipt by the executive board of the request
for registration, unless a Party involved in the project activity or at least
three members of the executive board request a review of the proposed CDM project
activity. The review by the executive board shall be made in accordance with the
following provisions:
(a) It shall be related to issues associated with the validation requirements;
(b) It shall be finalized no later than at the second meeting following the
request for review, with the decision and the reasons for it being communicated
to the project participants and the public.
42. A proposed project activity that is not accepted may be
reconsidered for validation and subsequent registration, after appropriate revisions,
provided that it follows the procedures and meets the requirements for validation
and registration, including those related to public comments.
43. A CDM project activity is additional if anthropogenic
emissions of greenhouse gases by sources are reduced below those that would have
occurred in the absence of the registered CDM project activity.
44. The baseline for a CDM project activity is the scenario
that reasonably represents the anthropogenic emissions by sources of greenhouse
gases that would occur in the absence of the proposed project activity. A baseline
shall cover emissions from all gases, sectors and source categories listed in
Annex A within the project boundary. A baseline shall be deemed to reasonably
represent the anthropogenic emissions by sources that would occur in the absence
of the proposed project activity if it is derived using a baseline methodology
referred to in paragraphs 37 and 38 above.
45. A baseline shall be established:
(a) By project participants in accordance with provisions for the use of approved
and new methodologies, contained in decision 17/CP.7, the present annex and
relevant decisions of the COP/MOP;
(b) In a transparent and conservative manner regarding the choice of approaches,
assumptions, methodologies, parameters, data sources, key factors and additionality,
and taking into account uncertainty;
(c) On a project-specific basis;
(d) In the case of small-scale CDM project activities which meet the criteria
specified in decision 17/CP.7 and relevant decisions by the COP/MOP, in accordance
with simplified procedures developed for such activities;
(e) Taking into account relevant national and/or sectoral policies and circumstances,
such as sectoral reform initiatives, local fuel availability, power sector expansion
plans, and the economic situation in the project sector.
46. The baseline may include a scenario where future anthropogenic
emissions by sources are projected to rise above current levels, due to the specific
circumstances of the host Party.
47. The baseline shall be defined in a way that CERs cannot
be earned for decreases in activity levels outside the project activity or due
to force majeure.
48. In choosing a baseline methodology for a project activity,
project participants shall select from among the following approaches the one
deemed most appropriate for the project activity, taking into account any guidance
by the executive board, and justify the appropriateness of their choice:
(a) Existing actual or historical emissions, as applicable; or
(b) Emissions from a technology that represents an economically attractive course
of action, taking into account barriers to investment; or
(c) The average emissions of similar project activities undertaken in the previous
five years, in similar social, economic, environmental and technological circumstances,
and whose performance is among the top 20 per cent of their category.
49. Project participants shall select a crediting period for
a proposed project activity from one of the following alternative approaches:
(a) A maximum of seven years which may be renewed at most two times, provided
that, for each renewal, a designated operational entity determines and informs
the executive board that the original project baseline is still valid or has
been updated taking account of new data where applicable; or
(b) A maximum of ten years with no option of renewal.
50. Reductions in anthropogenic emissions by sources shall
be adjusted for leakage in accordance with the monitoring and verification provisions
in paragraphs 59 and 62(f) below, respectively.
51. Leakage is defined as the net change of anthropogenic emissions
by sources of greenhouse gases which occurs outside the project boundary, and
which is measurable and attributable to the CDM project activity.
52. The project boundary shall encompass all anthropogenic
emissions by sources of greenhouse gases under the control of the project participants
that are significant and reasonably attributable to the CDM project activity.
H. Monitoring
53. Project participants shall include, as
part of the project design document, a monitoring plan that provides for:
(a) The collection and archiving of all relevant data necessary for estimating
or measuring anthropogenic emissions by sources of greenhouse gases occurring
within the project boundary during the crediting period;
(b) The collection and archiving of all relevant data necessary for determining
the baseline of anthropogenic emissions by sources of greenhouse gases within
the project boundary during the crediting period;
(c) The identification of all potential sources of, and the collection and archiving
of data on, increased anthropogenic emissions by sources of greenhouse gases
outside the project boundary that are significant and reasonably attributable
to the project activity during the crediting period;
(d) The collection and archiving of information relevant to the provisions in
paragraph 37(c) above;
(e) Quality assurance and control procedures for the monitoring process;
(f) Procedures for the periodic calculation of the reductions of anthropogenic
emissions by sources by the proposed CDM project activity, and for leakage effects;
(g) Documentation of all steps involved in the calculations referred to in paragraph
53(c) and (f) above.
54. A monitoring plan for a proposed project activity shall
be based on a previously approved monitoring methodology or a new methodology,
in accordance with paragraphs 37 and 38 above, that:
(a) Is determined by the designated operational entity as appropriate to the
circumstances of the proposed project activity and has been successfully applied
elsewhere;
(b) Reflects good monitoring practice appropriate to the type of project activity.
55. For small-scale CDM project activities meeting the criteria
specified in decision 17/CP.7 and relevant decisions by the COP/MOP, project participants
may use simplified modalities and procedures for small-scale projects.
56. Project participants shall implement the monitoring plan
contained in the registered project design document.
57. Revisions, if any, to the monitoring plan to improve its
accuracy and/or completeness of information shall be justified by project participants
and shall be submitted for validation to a designated operational entity.
58. The implementation of the registered monitoring plan and
its revisions, as applicable, shall be a condition for verification, certification
and the issuance of CERs.
59. Subsequent to the monitoring and reporting of reductions
in anthropogenic emissions, CERs resulting from a CDM project activity during
a specified time period shall be calculated, applying the registered methodology,
by subtracting the actual anthropogenic emissions by sources from baseline emissions
and adjusting for leakage.
60. The project participants shall provide to the designated
operational entity, contracted by the project participants to perform the verification,
a monitoring report in accordance with the registered monitoring plan set out
in paragraph 53 above for the purpose of verification and certification.
I. Verification and certification
61. Verification is the periodic independent
review and ex post determination by the designated operational entity of the
monitored reductions in anthropogenic emissions by sources of greenhouse gases
that have occurred as a result of a registered CDM project activity during the
verification period. Certification is the written assurance by the designated
operational entity that, during a specified time period, a project activity
achieved the reductions in anthropogenic emissions by sources of greenhouse
gases as verified.
62. In accordance with the provisions on confidentiality in
paragraph 27(h) above, the designated operational entity contracted
by the project participants to perform the verification shall make the monitoring
report publicly available, and shall:
(a) Determine whether the project documentation provided is in accordance with
the requirements of the registered project design document and relevant provisions
of decision 17/CP.7, the present annex and relevant decisions of the COP/MOP;
(b) Conduct on-site inspections, as appropriate, that may comprise, inter alia,
a review of performance records, interviews with project participants and local
stakeholders, collection of measurements, observation of established practices
and testing of the accuracy of monitoring equipment;
(c) If appropriate, use additional data from other sources;
(d) Review monitoring results and verify that the monitoring methodologies for
the estimation of reductions in anthropogenic emissions by sources have been
applied correctly and their documentation is complete and transparent;
(e) Recommend to the project participants appropriate changes to the monitoring
methodology for any future crediting period, if necessary;
(f) Determine the reductions in anthropogenic emissions by sources of greenhouse
gases that would not have occurred in the absence of the CDM project activity,
based on the data and information derived under subparagraph (a) above and obtained
under subparagraph (b) and/or (c) above, as appropriate, using calculation procedures
consistent with those contained in the registered project design document and
in the monitoring plan;
(g) Identify and inform the project participants of any concerns related to
the conformity of the actual project activity and its operation with the registered
project design document. Project participants shall address the concerns and
supply relevant additional information;
(h) Provide a verification report to the project participants, the Parties involved
and the executive board. The report shall be made publicly available.
63. The designated operational entity shall, based on its verification
report, certify in writing that, during the specified time period, the project
activity achieved the verified amount of reductions in anthropogenic emissions
by sources of greenhouse gases that would not have occurred in the absence of
the CDM project activity. It shall inform the project participants, Parties involved
and the executive board of its certification decision in writing immediately upon
completion of the certification process and make the certification report publicly
available.
J. Issuance of certified emission
reductions
64. The certification report shall constitute
a request for issuance to the executive board of CERs equal to the verified
amount of reductions of anthropogenic emissions by sources of greenhouse gases.
65. The issuance shall be considered final 15 days after the
date of receipt of the request for issuance, unless a Party involved in the project
activity or at least three members of the executive board request a review of
the proposed issuance of CERs. Such a review shall be limited to issues of fraud,
malfeasance or incompetence of the designated operational entities and be conducted
as follows:
(a) Upon receipt of a request for such a review, the executive board, at its
next meeting, shall decide on its course of action. If it decides that the request
has merit it shall perform a review and decide whether the proposed issuance
of CERs should be approved;
(b) The executive board shall complete its review within 30 days following its
decision to perform the review;
(c) The executive board shall inform the project participants of the outcome
of the review, and make public its decision regarding the approval of the proposed
issuance of CERs and the reasons for it.
66. Upon being instructed by the executive board to issue CERs
for a CDM project activity, the CDM registry administrator, working under the
authority of the executive board, shall, promptly, issue the specified quantity
of CERs into the pending account of the executive board in the CDM registry, in
accordance with Appendix D below. Upon such issuance, the CDM registry administrator
shall promptly:
(a) Forward the quantity of CERs corresponding to the share of proceeds to cover
administrative expenses and to assist in meeting costs of adaptation, respectively,
in accordance with Article 12, paragraph 8, to the appropriate accounts in the
CDM registry for the management of the share of proceeds;
(b) Forward the remaining CERs to the registry accounts of Parties and project
participants involved, in accordance with their request.
APPENDIX A
Standards for the accreditation of operational entities
1. An operational entity shall:
(a) Be a legal entity (either a domestic legal entity or an international organization)
and provide documentation of this status;
(b) Employ a sufficient number of persons having the necessary competence to
perform validation, verification and certification functions relating to the
type, range and volume of work performed, under a responsible senior executive;
(c) Have the financial stability, insurance coverage and resources required
for its activities;
(d) Have sufficient arrangements to cover legal and financial liabilities arising
from its activities;
(e) Have documented internal procedures for carrying out its functions including,
among others, procedures for the allocation of responsibility within the organization
and for handling complaints. These procedures shall be made publicly available;
(f) Have, or have access to, the necessary expertise to carry out the functions
specified in modalities and procedures of the CDM and relevant decisions by
the COP/MOP, in particular knowledge and understanding of:
(i) The modalities and procedures and guidelines for the operation of the CDM,
relevant decisions of the COP/MOP and of the executive board;
(ii) Issues, in particular environmental, relevant to validation, verification
and certification of CDM project activities, as appropriate;
(iii) The technical aspects of CDM project activities relevant to environmental
issues, including expertise in the setting of baselines and monitoring of emissions;
(iv) Relevant environmental auditing requirements and methodologies;
(v) Methodologies for accounting of anthropogenic emissions by sources;
(vi) Regional and sectoral aspects;
(g) Have a management structure that has overall responsibility for performance
and implementation of the entity's functions, including quality assurance procedures,
and all relevant decisions relating to validation, verification and certification.
The applicant operational entity shall make available:
(i) The names, qualifications, experience and terms of reference of senior management
personnel such as the senior executive, board members, senior officers and other
relevant personnel;
(ii) An organizational chart showing lines of authority, responsibility and
allocation of functions stemming from senior management;
(iii) Its quality assurance policy and procedures;
(iv) Administrative procedures, including document control;
(v) Its policy and procedures for the recruitment and training of operational
entity personnel, for ensuring their competence for all necessary functions
for validation, verification and certification functions, and for monitoring
their performance;
(vi) Its procedures for handling complaints, appeals and disputes;
(h) Not have pending any judicial process for malpractice, fraud and/or other
activity incompatible with its functions as a designated operational entity.
2. An applicant operational entity shall meet the following operational requirements:
(a) Work in a credible, independent, non-discriminatory and transparent manner,
complying with applicable national law and meeting, in particular, the following
requirements:
(i) An applicant operational entity shall have a documented structure, which
safeguards impartiality, including provisions to ensure impartiality of its
operations;
(ii) If it is part of a larger organization, and where parts of that organization
are, or may become, involved in the identification, development or financing
of any CDM project activity, the applicant operational entity shall:
- Make a declaration of all the organization's actual and planned involvement
in CDM project activities, if any, indicating which part of the organization
is involved and in which particular CDM project activities;
- Clearly define the links with other parts of the organization, demonstrating
that no conflicts of interest exist;
- Demonstrate that no conflict of interest exists between its functions as an
operational entity and any other functions that it may have, and demonstrate
how business is managed to minimize any identified risk to impartiality. The
demonstration shall cover all sources of conflict of interest, whether they
arise from within the applicant operational entity or from the activities of
related bodies;
- Demonstrate that it, together with its senior management and staff, is not
involved in any commercial, financial or other processes which might influence
its judgement or endanger trust in its independence of judgement and integrity
in relation to its activities, and that it complies with any rules applicable
in this respect;
(b) Have adequate arrangements to safeguard confidentiality of the information
obtained from CDM project participants in accordance with provisions contained
in the present annex.
APPENDIX B
Project design document
1. The provisions of this appendix shall be interpreted in accordance with the
annex above on modalities and procedures for a CDM.
2. The purpose of this appendix is to outline the information required in the
project design document. A project activity shall be described in detail taking
into account the provisions of the annex on modalities and procedures for a
CDM, in particular, section G on validation and registration and section H on
monitoring, in a project design document which shall include the following:
(a) A description of the project comprising the project purpose, a technical
description of the project, including how technology will be transferred, if
any, and a description and justification of the project boundary;
(b) A proposed baseline methodology in accordance with the annex on modalities
and procedures for a CDM including, in the case of the:
(i) Application of an approved methodology:
- Statement of which approved methodology has been selected;
- Description of how the approved methodology will be applied in the context
of the project;
(ii) Application of a new methodology:
- Description of the baseline methodology and justification of choice, including
an assessment of strengths and weaknesses of the methodology;
- Description of key parameters, data sources and assumptions used in the baseline
estimate, and assessment of uncertainties;
- Projections of baseline emissions;
- Description of how the baseline methodology addresses potential leakage;
(iii) Other considerations, such as a description of how national and/or sectoral
policies and circumstances have been taken into account and an explanation of
how the baseline was established in a transparent and conservative manner;
(c) Statement of the estimated operational lifetime of the project and which
crediting period was selected;
(d) Description of how the anthropogenic emissions of GHG by sources are reduced
below those that would have occurred in the absence of the registered CDM project
activity;
(e) Environmental impacts:
(i) Documentation on the analysis of the environmental impacts, including transboundary
impacts;
(ii) If impacts are considered significant by the project participants or the
host Party: conclusions and all references to support documentation of an environmental
impact assessment that has been undertaken in accordance with the procedures
as required by the host Party;
(f) Information on sources of public funding for the project activity from Parties
included in Annex I which shall provide an affirmation that such funding does
not result in a diversion of official development assistance and is separate
from and is not counted towards the financial obligations of those Parties;
(g) Stakeholder comments, including a brief description of the process, a summary
of the comments received, and a report on how due account was taken of any comments
received;
(h) Monitoring plan:
(i) Identification of data needs and data quality with regard to accuracy, comparability,
completeness and validity;
(ii) Methodologies to be used for data collection and monitoring including quality
assurance and quality control provisions for monitoring, collecting and reporting;
(iii) In the case of a new monitoring methodology, provide a description of
the methodology, including an assessment of strengths and weaknesses of the
methodology and whether or not it has been applied successfully elsewhere;
(i) Calculations:
(i) Description of formulae used to calculate and estimate anthropogenic emissions
by sources of greenhouse gases of the CDM project activity within the project
boundary;
(ii) Description of formulae used to calculate and to project leakage, defined
as: the net change of anthropogenic emissions by sources of greenhouse gases
which occurs outside the CDM project activity boundary, and that is measurable
and attributable to the CDM project activity;
(iii) The sum of (i) and (ii) above representing the CDM project activity emissions;
(iv) Description of formulae used to calculate and to project the anthropogenic
emissions by sources of greenhouse gases of the baseline;
(v) Description of formulae used to calculate and to project leakage;
(vi) The sum of (iv) and (v) above representing the baseline emissions;
(vii) Difference between (vi) and (iii) above representing the emission reductions
of the CDM project activity;
(j) References to support the above, if any.
APPENDIX C
Terms of reference for establishing guidelines on baselines
and monitoring methodologies
The executive board, drawing on experts in accordance with the modalities and
procedures for a CDM, shall develop and recommend to the COP/MOP, inter alia:
(a) General guidance on methodologies relating to baselines and monitoring consistent
with the principles set out in those modalities and procedures in order to:
(i) Elaborate the provisions relating to baseline and monitoring methodologies
contained in decision 17/CP.7, the annex above and relevant decisions of the
COP/MOP;
(ii) Promote consistency, transparency and predictability;
(iii) Provide rigour to ensure that net reductions in anthropogenic emissions
are real and measurable, and an accurate reflection of what has occurred within
the project boundary;
(iv) Ensure applicability in different geographical regions and to those project
categories which are eligible in accordance with decision 17/CP.7 and relevant
decisions of the COP/MOP;
(v) Address the additionality requirement of Article 12, paragraph 5(c), and
paragraph 43 of the above annex;
(b) Specific guidance in the following areas:
(i) Definition of project categories (e.g. based on sector, subsector, project
type, technology, geographic area) that show common methodological characteristics
for baseline setting, and/or monitoring, including guidance on the level of
geographic aggregation, taking into account data availability;
(ii) Baseline methodologies deemed to reasonably represent what would have occurred
in the absence of a project activity;
(iii) Monitoring methodologies that provide an accurate measure of actual reductions
in anthropogenic emissions as a result of the project activity, taking into
account the need for consistency and cost-effectiveness;
(iv) Decision trees and other methodological tools, where appropriate, to guide
choices in order to ensure that the most appropriate methodologies are selected,
taking into account relevant circumstances;
(v) The appropriate level of standardization of methodologies to allow a reasonable
estimation of what would have occurred in the absence of a project activity
wherever possible and appropriate. Standardization should be conservative in
order to prevent any overestimation of reductions in anthropogenic emissions;
(vi) Determination of project boundaries including accounting for all greenhouse
gases that should be included as a part of the baseline, and monitoring. Relevance
of leakage and recommendations for establishing appropriate project boundaries
and methods for the ex post evaluation of the level of leakage;
(vii) Accounting for applicable national policies and specific national or regional
circumstances, such as sectoral reform initiatives, local fuel availability,
power sector expansion plans, and the economic situation in the sector relevant
to the project activity;
(viii) The breadth of the baseline, e.g. how the baseline makes comparisons
between the technology/fuel used and other technologies/fuels in the sector;
(c) In developing the guidance in (a) and (b) above, the executive board shall
take into account:
(i) Current practices in the host country or an appropriate region, and observed
trends;
(ii) Least cost technology for the activity or project category.
APPENDIX D
Clean development mechanism registry requirements
1. The executive board shall establish and maintain a CDM registry to ensure
the accurate accounting of the issuance, holding, transfer and acquisition of
CERs by Parties not included in Annex I. The executive board shall identify
a registry administrator to maintain the registry under its authority.
2. The CDM registry shall be in the form of a standardized electronic database
which contains, inter alia, common data elements relevant to the issuance, holding,
transfer and acquisition of CERs. The structure and data formats of the CDM
registry shall conform to technical standards to be adopted by the COP/MOP for
the purpose of ensuring the accurate, transparent and efficient exchange of
data between national registries, the CDM registry and the independent transaction
log.
3. The CDM registry shall have the following accounts:
(a) One pending account for the executive board, into which CERs are issued
before being transferred to other accounts;
(b) At least one holding account for each Party not included in Annex I hosting
a CDM project activity or requesting an account;
(c) At least one account for the purpose of cancelling ERUs, CERs, AAUs and
RMUs equal to excess CERs issued, as determined by the executive board, where
the accreditation of a designated operational entity has been withdrawn or suspended;
(d) At least one account for the purpose of holding and transferring CERs corresponding
to the share of proceeds to cover administrative expenses and to assist in meeting
costs of adaptation in accordance with Article 12, paragraph 8. Such an account
may not otherwise acquire CERs.
4. Each CER shall be held in only one account in one registry at a given time.
5. Each account within the CDM registry shall have a unique account number comprising
the following elements:
(a) Party/organization identifier: the Party for which the account is maintained,
using the two-letter country code defined by the International Organization
for Standardization (ISO 3166), or, in the cases of the pending account and
an account for managing the CERs corresponding to the share of proceeds, the
executive board or another appropriate organization;
(b) A unique number: a number unique to that account for the Party or organization
for which the account is maintained.
6. Upon being instructed by the executive board to issue CERs for a CDM project
activity, the registry administrator shall, in accordance with the transaction
procedures set out in decision -/CMP.1 (Modalities for the accounting of assigned
amounts):
(a) Issue the specified quantity of CERs into a pending account of the executive
board;
(b) Forward the quantity of CERs corresponding to the share of proceeds to cover
administrative expenses and to assist in meeting costs of adaptation, in accordance
with Article 12, paragraph 8, to the appropriate accounts in the CDM registry
for holding and transferring such CERs;
(c) Forward the remaining CERs to the registry accounts of project participants
and Parties involved, as specified by their distribution agreement.
7. Each CER shall have a unique serial number comprising the following elements:
(a) Commitment period: the commitment period for which the CER is issued;
(b) Party of origin: the Party which hosted the CDM project activity, using
the two-letter country code defined by ISO 3166;
(c) Type: this shall identify the unit as a CER;
(d) Unit: a number unique to the CER for the identified commitment period and
Party of origin;
(e) Project identifier: a number unique to the CDM project activity for the
Party of origin.
8. Where the accreditation of a designated operational entity has been withdrawn
or suspended, ERUs, CERs, AAUs and/or RMUs equal to the excess CERs issued,
as determined by the executive board, shall be transferred to a cancellation
account in the CDM registry. Such ERUs, CERs, AAUs and RMUs may not be further
transferred or used for the purpose of demonstrating the compliance of a Party
with its commitment under Article 3, paragraph 1.
9. The CDM registry shall make non-confidential information publicly available
and provide a publicly accessible user interface through the Internet that allows
interested persons to query and view it.
10. The information referred to in paragraph 9 above shall include up-to-date
information, for each account number in the registry, on the following:
(a) Account name: the holder of the account;
(b) Representative identifier: the representative of the account holder, using
the Party/organization identifier (the two-letter country code defined by ISO
3166) and a number unique to that representative for that Party or organization;
(c) Representative name and contact information: the full name, mailing address,
telephone number, facsimile number and e-mail address of the representative
of the account holder.
11. The information referred to in paragraph 9 above shall include the following
CDM project activity information, for each project identifier against which
the CERs have been issued:
(a) Project name: a unique name for the CDM project activity;
(b) Project location: the Party and town or region in which the CDM project
activity is located;
(c) Years of CER issuance: the years in which CERs have been issued as a result
of the CDM project activity;
(d) Operational entities: the operational entities involved in the validation,
verification and certification of the CDM project activity;
(e) Reports: downloadable electronic versions of documentation to be made publicly
available in accordance with the provisions of the present annex.
12. The information referred to in paragraph 9 above shall include the following
holding and transaction information relevant to the CDM registry, by serial
number, for each calendar year (defined according to Greenwich Mean Time):
(a) The total quantity of CERs in each account at the beginning of the year;
(b) The total quantity of CERs issued;
(c) The total quantity of CERs transferred and the identity of the acquiring
accounts and registries;
(d) The total quantity of ERUs, CERs, AAUs and RMUs cancelled in accordance
with paragraph 8 above;
(e) Current holdings of CERs in each account.