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C O V E Rthing to this body. Let us just be clearabout that. They already have a legalsystem that is based on that number(20% reduction from 1990 levels) thatthey are generously offering to us.‘But now I will underline this.The only thing that we are going tohave here tonight is the continuationand the insurance that we are goingto protect the only legal regime wehave until, I don’t know, 2017 or2020, and the having that as the onlything actually is what the EU is offering.‘We are actually in a legally bindingagreement where we “take noteof a proposed amendment” – is thatlanguage that you honestly think wecan reach consensus on? “Furthertakes note of an intention…” – whatkind of language is that to a legallybinding regime? Can you tell mewhere the consensus lies? Because Idon’t understand.’The only change that was allowedfinally was the proposal by the EU toinclude the option of 2020 as the endof the second commitment period.The adopted decision now reads:‘Decides that the second commitmentperiod under the Kyoto Protocol shallbegin on 1 January 2013 and end eitheron 31 December 2017 or 31 December2020, to be decided by theAWGKP at its 17th session [in 2012]’.Only pledges, with QELROsdeferred to 2012In addition to the weak nature ofthe operational paragraphs 3 to 5 ofthe decision that developing countrieshad raised, what currently exist areonly pledges and even then, not allAnnex I Parties have submitted those.Annex 1 to the CMP 7 decisioncontains a table that is to be the newAnnex B to the Kyoto Protocol settingout the greenhouse gas emissionsreduction targets of developed countriesand countries with economies intransition that are Parties to the Protocol.Annex B is designed to containthe quantified emission limitation orreduction objectives (QELROs) ofeach Party concerned.[The QELRO, expressed as a percentagein relation to a base yearAWGKP Chair Adrian Macey speaking with UNFCCC Executive Secretary ChristianaFigueres in Durban. After a heated debate in the AWGKP, Macey decided to transmitthe draft decision on the Kyoto Protocol second commitment period under his ownresponsibility for approval by the main plenary.(1990 for the first commitment period),denotes the average level ofemissions that an Annex B Party couldemit on an annual basis during a givencommitment period. Pledges representthe end point of a trajectory ofemissions that a Party sets itself toachieve. The transformation ofpledges into QELROs situates thepledges in the context of a commitmentperiod and related accounting ofemissions and removals under the KP.In practical terms, it involves calculatingthe average annual emissionsrelative to a base year that would fitthe emissions trajectory leading to thepledged target. Source: UNFCCCSecretariat.]The EU has inscribed its 20%emissions reduction pledge in Annex1 of the CMP decision, which is alreadylegislated as its own internallyagreed emissions reduction target. ‘Aspart of a global and comprehensiveagreement for the period beyond2012’, the EU makes ‘a conditionaloffer to move to a 30% reduction by2020 compared to 1990 levels, providedthat other developed countriescommit themselves to comparableemission reductions and developingcountries contribute adequately accordingto their responsibilities andrespective capabilities’ [footnote (g)in Annex 1 of the decision].Australia and New Zealand havenot inscribed any numbers and indicatethey are ‘prepared to consider’submitting information on theirQELROs pursuant to the CMP decision‘following the necessary domesticprocesses and taking into account’the rest of the Durban package andthe new decisions on the accountingand other rules under the KP [footnotes(a) and (l) in Annex 1 of thedecision].Whether there will be QELROsfrom all Annex I Parties by 1 May2012 (the deadline for submission) remainsto be seen.Meanwhile on 8 June 2011,Canada had notified the UNFCCCSecretariat that it did not intend toparticipate in a second commitmentperiod of the Kyoto Protocol. Thiswas followed by an announcement on12 December (the day after the Durbanconference ended) by EnvironmentMinister Peter Kent that Canadais invoking its legal right to withdrawfrom the Protocol. Kent was in Durban.(Canada is not able to meet itsfirst commitment period reductiontarget by 2012 when the period ends.)In December 2010 the RussianFederation and Japan were the first toinform the UNFCCC Secretariat thatthey did not intend to take on a secondcommitment period.Photo courtesy of IISD/Earth Negotiations BulletinTHIRD WORLD RESURGENCE No 255/25628

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