TWN Info Service on Climate Change (May10/01)
4 May 2010
Third World Network
US calls for reflection
of Copenhagen
Accord in new negotiating text
Published in SUNS #6917 dated 4 May
2010
Geneva, 3 May (Meena
Raman) -- The United States, in a submission under the United Nations
Framework Convention on Climate Change (UNFCCC), called for the controversial
Copenhagen Accord to be reflected in the new text being prepared to
facilitate negotiations of the Ad-hoc Working Group on Long-term Cooperative
Action (AWG-LCA).
The US was of the view that the AWG-LCA
process under the Convention was not able to "crack through"
certain "crunch issues" and that the Copenhagen Accord "was
the locus of progress".
"In terms of substance,
we consider that most issues were substantially advanced over the course
of 2009. In some cases, the advancement took place largely through the
LCA process. In the case of certain crunch issues, the LCA process was
not able to crack through them, and the Copenhagen Accord was the locus
of progress," said the submission.
The US said that "it
is recognized that the COP did not formally adopt the Accord but rather
took note of it; all the same, a large majority of Convention Parties
have signed onto the Accord, making its substantive outcomes unarguably
relevant to progress under the Convention," said the US submission.
(The US made a submission to the Chair
of the AWG-LCA on 26 April 2010 following an invitation to Parties to
provide additional views by that date. The Chair, Ms. Margaret Mukahanana
Sangarwe of Zimbabwe, may draw upon the views
of Parties in the preparation of her draft text for consideration by
Parties at the next AWG-LCA session in June.)
The US submission "noted that certain
mitigation issues do not appear in the Accord."
"For the United States,
the absence of many of these elements was critical to making the Accord
acceptable; however, we acknowledge that others may consider such issues
simply to have been unaddressed by the Accord and still on the table.
As such, while we do not support the inclusion of such issues in the
Chair's text, we include text on these issues so as to preserve the
US positions on them," said the
submission.
Referring to the AWG-LCA
text from Copenhagen, the US submission said that "it would
generally not be constructive in terms of making progress to import
the LCA mitigation provisions, which were a source of widespread disagreement
and stalemate."
(The AWG-LCA text from
Copenhagen as regards mitigation provides for the comparability
of efforts between the Convention's Annex 1 Parties who are in the Kyoto
Protocol and those developed country Parties who are not viz. the US, as reflected in the understanding reached in
the 2007 Bali meeting of the Conference
of Parties. The text also provided for the collective or aggregate reduction
of greenhouse gas emissions of developed country Parties in the medium-
and long-term. In contrast, the Copenhagen Accord does not make any
provision for the need for aggregate or collective emission reduction
targets for developed countries.)
(In Copenhagen,
the US
was opposed to the establishing of aggregate or collective emission
reduction targets for developed countries which is what the Kyoto Protocol
seeks to do and preferred an approach where emissions reductions are
determined by each country in a "bottom-up" manner and implemented
domestically. The Copenhagen Accord reflects the US
approach in relation to the mitigation actions of developed countries.)
The US submission noted that "mitigation
has been an area of substantial stalemate in the LCA process. There
have been serious differences of view regarding fundamental points,
e. g., the interpretation of existing commitments under the Convention,
the application of the principle of common but differentiated responsibilities
and respective capabilities, the meaning of the Bali Action Plan etc."
In the US view, "navigating this issue
successfully will require the kind of nuanced, practical, and balanced
approaches and formulations that appear in the Copenhagen Accord. Parties
with very different views must be able to walk away feeling that their
interests have been protected, including that the environmental purpose
of the Convention has been served".
"A feature of
the Accord that the Chair's text should draw on is the treatment of
mitigation contributions, under which both Annex I and non-Annex I Parties
communicate their mitigation contributions for international listing
and stand behind them in terms of implementation," it said.
"While we do not
necessarily advocate that the Chair import the precise mitigation and
transparency language of the Accord verbatim, significant areas of agreement,
as reflected in the Accord, clearly should be mirrored in the Chair's
text."
The US cited only two
areas "where the LCA mitigation text would usefully be utilized",
viz. in relation to provisions on REDD-plus (relating to the forestry
sector in developing countries) and in "various ideas for a registry
where non-Annex I Parties could list mitigation actions in search of
international support."
"Further, in the
US view, the Chair's
text should address the issue of the evolving status/contributions of
countries. The Convention is not a static instrument. Rather, it is
a framework that is built to evolve based on, inter alia, its ultimate
objective (which cannot be achieved without ever-evolving contributions);
the principle of common but differentiated responsibilities and respective
capabilities (which inherently recognizes a spectrum or continuum of
effort among all countries, not just between categories of countries);
and the express invitation to non-Annex I Parties in Article 4.2(g)
to take on Annex I duties. If the Convention stagnates, based on country
circumstances from 1992, it will not remain an effective vehicle for
addressing climate change."
The US
provided language for the mitigation text, as it did "not support
inclusion of the LCA text on mitigation, particularly in the form presented
by the previous LCA Chair" (at the 2009 meeting of the Conference
of Parties in Copenhagen
- COP15).
The US text proposes
that "all Parties to the Convention commit to prepare and submit
low-emission strategies for long-term emission reductions as part of
their national communications under Article 12 of the Convention,"
and to be reflected in an appendix.
It also proposes that
Annex 1 Parties "implement the quantified economy-wide emissions
targets for 2020 they have chosen to list in Appendix 1, as submitted
by such Parties to the secretariat in the indicated format by [date]"
and for Parties not included in Annex I "to implement mitigation
actions, including those they have chosen to list in Appendix II, as
submitted by such Parties to the secretariat in the indicated format
by [date]."
It further proposes
that Parties who are least developed countries or small-island developing
States "undertake actions voluntarily and on the basis of support."
Referring to the draft
decisions contained in the report of the AWG-LCA produced in Copenhagen,
the US
said that the "LCA text is, of course, a relevant document."
It was however of the
view that at COP15, Parties had decided to "draw on the LCA text,
rather than to use it as the basis of negotiations. Accordingly, the
LCA text does not have the status of either the negotiating text or
the basis for future negotiations. This was a sensible result for several
reasons, including, e. g., that the LCA text was not favourably received
by many Parties, that it includes and omits views of Parties on a selective
basis, and that it barely addresses MRV (measuring, reporting and verification
of mitigation actions and support), a key element of the Bali Action
Plan."
In the US view, "the Chair should import
LCA text into her text on a provision-by-provision basis when it would
facilitate progress in the negotiations. Where progress would be facilitated
by reflecting aspects of the Copenhagen Accord, or other submissions,
the Chair should import those provisions."
"In terms of legal
form, the United
States continues to support the goal
of a legally binding outcome, provided that the legally binding elements
of an otherwise acceptable text are legally binding with respect to
all relevant Parties, not just Annex I or developed country Parties.
We see no rationale for legal asymmetry, in the Convention or otherwise,
noting that all Parties have existing legally binding obligations under
the Convention."
In relation to the
issue of what is to be measured, reported and verified, the US said
that there are essentially four baskets of MRV, viz. "international
MRV of Annex I mitigation; domestic MRV/international consultation and
analysis of non-Annex I mitigation actions, whether supported or unsupported;
international MRV of the financial/technological support of actions
that are supported; and an additional layer of international MRV of
those non-Annex I actions that are supported".
"Post-Bali, some
Parties advocated a reading of Bali
in which the supported by' clause in 1(b)(ii) would simultaneously have
two different meanings: that the MRV clause applies only to mitigation
actions that are supported, and that the MRV clause applies to the support
itself. An examination of the provision reveals that the clause cannot,
as a matter of drafting, mean both things. Consistent with the actual
intent of the Bali negotiators, the Copenhagen Accord indicates that
the MRV clause applies to all mitigation actions, whether supported
or unsupported," said the US submission.
On the "shared
vision" for long-term cooperative action, the US view is that "it is a widely
shared view that the text should recognize the scientific view that
the increase in global temperature should be below 2 degrees Celsius.
To address the view of some Parties that a 2 degree (Celsius) goal is
inadequate, the text could also provide that a review process should,
among other things, consider strengthening this long-term goal in light
of science."
"Other proposals
regarding shared vision have been much more controversial and, in our
view, are unlikely to achieve (or are incapable of achieving) agreement.
The Copenhagen Accord is instructive in this regard, recalling that
its shared vision provisions, beyond the 2 degree (Celsius) goal, are
minimal. While some Parties may take the view that the other aspects
of shared vision were simply not addressed, as far as the United
States is concerned, the absence of
such aspects was critical to the balanced nature, and thus acceptability
of the Accord. We consider that it would not be productive to introduce
a long series of proposals on shared vision in the Chair's text; should
the Chair decide to do so, the United States reserves the right to continue
opposing such provisions and/or introduce counter-proposals on each
point," it said.
(The LCA text from
Copenhagen, in addition to the temperature goal, also provides for agreement
to be reached on what the collective global emission reductions should
be by 2050, as well as what the developed countries as a group should
reduce in their GHG emissions by 2040 or 2050 based on 1990 levels.)
On finance, it said
that "the Chair's text should reflect important understandings
reached in the Accord, e. g. the collective political commitment by
developed countries to provide new and additional resources approaching
$30 billion for the period 2010-2012; the collective political commitment
by developed countries, importantly, in the context of meaningful mitigation
actions and transparency on implementation, to a goal of mobilizing
jointly, from a wide variety of sources, $100 billion a year by 2020;
agreement that a Copenhagen Green Climate Fund will be established as
an operating entity of the Convention's financial mechanism."
"The Parties will
need to discuss and decide upon many aspects of the Copenhagen Green
Climate Fund (e. g., Board composition, modes of access, MDB involvement),"
said the US submission
further.
The US considered it desirable "for
the text to invite the World Bank to serve as Trustee of the new Fund
and, in this regard, to organize a process to take steps to establish
the Fund."
On technology transfer,
the US said that "innovation
will not happen absent (from) the protection of intellectual property
rights. The United
States cannot support any text that
would undermine or weaken protection or enforcement of intellectual
property rights. Moreover, multiple fora with deep expertise are dedicated
to this important issue. Consequently, we do not support addressing
it here." +
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