2.2 The FCCC, 1992

A decade after the 1979 World Climate Conference, the United Nations Framework Convention on Climate Change (FCCC) was adopted in May 1992 and was opened for signature at the United Nations Conference on Environment and Development (the Earth Summit) in Rio de Janeiro. The FCCC consists of a Preamble, 26 Articles and two Annexes. The FCCC states that the ultimate objective of the Convention and any related legal instrument is to achieve the stabilization of greenhouse gas concentrations in the atmosphere at a level that would enable ecosystems to naturally adapt and not harm food production (Art. 2). This objective is to be achieved by measures guided by the principles of equity and the common, but differentiated responsibilities and respective capabilities of developed and developing countries (vulnerable countries in particular), the need for precautionary measures, sustainable development and a supportive, open economic system (Art. 3).

Furthermore, the Convention divides the world into two groups‹developed (western countries and eastern countries with economies in transition listed in Annex I; see Table 4) and developing countries. Annex I countries were encouraged to reduce their emissions of CO2, N2O and CH4 in the year 2000 to the 1990 levels. Under the Convention, developed countries listed in Annex II (a sub-set of Annex I) are expected to provide financial assistance to the developing countries (Art. 11, 21). They are also expected to cooperate in the field of science and technology transfer to enable these countries to adopt more climate-friendly technologies and to adapt to the potential impacts of climate change. The FCCC calls on all Parties to make national inventories of emissions and adopt climate policies (Art. 4), to undertake research and observation (Art. 5), education, training and public awareness (Art. 6) and to communicate these to the Secretariat (Art. 12). The FCCC established five bodies (see Section 3). Issues relating to implementation, dispute settlement, amendments, annexes, protocols, right to vote, deposition, ratification, entry into force, reservations and withdrawal are covered in the remaining articles.

Table 1. The decisions of the COPs

COP	Key decisions
COP-1, Berlin 1995 21 decisions	Pilot phase on Activities Implemented Jointly (AIJ) which would permit countries to voluntarily participate in projects aimed at reducing emissions of GHGs, but without credits. The Berlin Mandate to negotiate legally binding reduction commitments was adopted.
COP-2, Geneva 1996 17 decisions	Geneva Ministerial Declaration was noted, but not adopted, and a decision on guidelines for the national communications to be prepared by developing countries was adopted. The COP also discussed Quantified Emissions Limitation and Reduction Objectives (QELROs) for different Parties and advocated an acceleration of Berlin Mandate talks so that concrete commitments could be adopted at COP-3 in Japan in December 1997.
COP-3, Kyoto 1997 18 decisions	Adoption of the Kyoto Protocol (see Section 2.3).
COP-4, Buenos Aires 1998 19 decisions	The Buenos Aires Plan of Action which focuses on strengthening the financial mechanism, the devel opment and transfer of technologies and maintaining the momentum in relation to the Kyoto Protocol.
COP-5, Bonn 1999 22 decisions	The decisions focus on adoption of the guidelines 22 decisions for the preparation of national communications by Annex I countries, discussion of technology transfer, capacity building and the flexibility mechanisms.

The FCCC includes a list of follow-up activities for the COP (Art. 7) such as reviewing the implementation process and adopting decisions necessary to promote effective implementation. In addition, the COP is expected to ensure the development of a common methodology for calculating emissions (Art. 4.1(a)) and removal from sinks (Art. 4.2(c)), review the communications made by all Parties (Art. 4.1(a) and (j); Art. 4.2(b)), review and amend the list of countries in Annex I and II (Art. 4.2(f)) and develop procedures relating to conciliation (Art. 14.8). The COP is expected to review the adequacy of the specific obligations of Annex I countries and, if necessary, take appropriate action (Art. 4.2(d)). It is expected to arrange for the provision of technical and financial support to developing countries (Art. 12.7) on request in relation to their commitments. Thus, the purpose of the COP is to ensure the progress of the climate regime towards the ultimate objective.