Climate Change Legal Regime &

HFCs

Workshop on HCF Management

Paris, 11 - 12 July 2014

Dan Bondi Ogolla Coordinator & Principal Legal Adviser, Legal Affairs Programme

I. Jurisdictional scope of the UNFCCC and its Kyoto Protocol

UNFCCC & KP carve-out a specific legal jurisdictional space;

Parties’ obligations relate only to GHGs “not controlled by the MP”;

Applies to obligations concerning national inventories of GHGs, mitigation actions, reporting & accounting;

Art. 1.4 KP - defines the MP as the MP adopted in Montreal on 16 September 1987 as subsequently adjusted and amended;

Does the legal jurisdictional space of the climate change regime contract proportionately to the progressive expansion of the coverage of the MP?

I. Jurisdictional scope of the UNFCCC and its Kyoto Protocol

Inventories & mitigation actions:• National inventories of all GHGs not controlled by MP (Art. 4.1

UNFCCC);• National systems for the estimation of GHGs (KP Art. 5);• Mitigation actions: PAMs & AIPs emission reductions (Arts. 4.1 &

4.2 UNFCCC);• General obligations of AIPs (KP Art. 2).

Reporting & accounting:• Info in NCs to include national inventory of GHGs not controlled by

the MP (Art. 12 UNFCCC);• Supplementary info. in annual inventories of GHGs not controlled

by MP (KP Art. 7.1 );• Accounting for emissions during each CP based on aggregate

emissions of GHGs in Annex A.

II. HFCs in the UNFCCC & KP

HFCs currently not controlled by the MP;

Not ODS/substitutes/high GWP;

UNFCCC reporting guidelines on AIP inventories of GHGs (decision 24/CP.19):

• As a minimum requirement, inventories to contain information on the following GHGs: CO2, Methane (CH4), Nitrous oxide (N2O), PFCs, HFCs, Sulphur hexafluoride (SF6) and Nitrogen trifluoride (NF3) (para.28);

• GHG emissions and removals are to be presented on a gas-by gas basis (para. 30).

II. HFCs in the UNFCCC & KP

• Annex I Parties shall report actual emissions of HFCs, PFCs, SF6 and NF3, providing disaggregated data by chemical and category (para. 32);

• Annex III of decision contains the list of gases and their respective GWPs.

KP Article 3 imposes QELRCs on AIPs with respect to a basket of gases listed in Annex A.

• Annex A for CP1 included: CO2, Methane (CH4), Nitrous oxide (N2O), HFCs, PFCs and SF6;

a) The Doha Amendment (CP2) – added Nitrogen trifluoride (NF3)) to Annex A.

III. Addressing HFCs in a mutually supportive manner Under the UNFCCC & KP• HFC emissions continue to be reported in national GHG

inventories;• HFC emissions continue to be accounted for in the context

of emission reduction targets for AIPs;• Mitigation actions under both the UNFCCC & KP continue

to include activities to limit and reduce HFC emissions.

Under the MP• Work under MP can contribute to addressing HFCs under

UNFCCC & KP by discouraging the production and consumption of HFCs as substitutes.

• MP could provide means of implementation to Parties to address HFC issues.

III. Addressing HFCs in a mutually supportive manner Co-operation & mutual support between the two regimes, their

decision-making bodies & secretariats critical for addressing HFCs.

Parties in both regimes could identify and develop approaches to effectively address HFCs in a complementary manner.

Co-operation should be based on the clear understanding amongst all Parties of the scope and competencies of each regime.

Regular exchange of information between decision-making bodies & the two secretariats on relevant work.