Decision 2002/358 - 2002/358/EC: Council Decision of 25 April 2002 concerning the approval of the Kyoto Protocol to the UN Framework Convention on Climate Change and the joint fulfilment of commitments thereunder - Main contents

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Legal instrument	Decision
Number legal act	Decision 2002/358
Original proposal	COM(2001)579
CELEX number i	32002D0358

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2002/358/EC: Council Decision of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder

Official Journal L 130 , 15/05/2002 P. 0001 - 0003

Council Decision

of 25 April 2002

concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder

(2002/358/CE)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) in conjunction with Article 300(2), first sentence of the first subparagraph, and Article 300(3), first subparagraph, thereof,

Having regard to the proposal from the Commission(1),

Having regard to the Opinion of the European Parliament(2),

Whereas:

• (1) 

  The ultimate objective of the United Nations Framework Convention on Climate Change ("the Convention"), which was approved on behalf of the Community by Council Decision 94/69/EC of 15 December 1993 concerning the conclusion of the United Nations Framework Convention on Climate Change(3), is to achieve stabilisation of greenhouse-gas concentrations in the atmosphere at a level which prevents dangerous anthropogenic interference with the climate system.

• (2) 

  The Conference of the Parties to the Convention, at its first session, concluded that the commitment by developed countries to aim at returning, individually or jointly, their emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol to the Convention for the Protection of the Ozone Layer to 1990 levels by the year 2000 was inadequate for achieving the Convention's long-term objective of preventing dangerous anthropogenic interference with the climate system. The Conference further agreed to begin a process to enable appropriate action to be taken for the period beyond 2000, through the adoption of a protocol or another legal instrument(4).

• (3) 

  This process resulted in the adoption on 11 December 1997 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change ("the Protocol")(5).

• (4) 

  The Conference of the Parties to the Convention, at its fourth session, decided to adopt the Buenos Aires Plan of Action, to reach agreement on the implementation of key elements of the Protocol at the sixth session of the Conference of the Parties(6).

• (5) 

  The core elements for the implementation of the Buenos Aires Plan of Action were agreed upon by consensus by the Conference of the Parties at its resumed sixth session in Bonn from 19 to 27 July 2001(7).

• (6) 

  A range of decisions giving effect to the Bonn Agreements were adopted by consensus by the Conference of the Parties at its seventh session in Marrakech from 29 October to 10 November 2001(8).

• (7) 

  The Protocol, under Article 24, is open for ratification, acceptance or approval by States and by regional economic integration organisations that have signed it.

• (8) 

  The Protocol, under Article 4, provides for Parties to fulfil their commitments under Article 3 jointly, acting in the framework of and together with a regional economic integration organisation.

• (9) 

  When the Protocol was signed in New York on 29 April 1998, the Community declared that it and its Member States would fulfil their respective commitments under Article 3(1) of the Protocol jointly in accordance with Article 4 thereof.

• (10) 

  In deciding to fulfil their commitments jointly in accordance with article 4 of the Kyoto Protocol, the Community and the Member States are jointly responsible, under paragraph 6 of that article and in accordance with article 24(2) of the Protocol, for the fulfilment by the...

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