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Contents
Global Legislation .................................................................................................................................... 2
1992: United Nations Framework Convention on Climate Change (UNFCCC) ................................... 2
Summary: ........................................................................................................................................ 2
Achievements: ................................................................................................................................ 2
Failings: ........................................................................................................................................... 2
1997: Kyoto Protocol .......................................................................................................................... 2
Summary: ........................................................................................................................................ 2
Achievements: ................................................................................................................................ 2
Failings: ........................................................................................................................................... 3
1997 – Present: Post-Kyoto agreements and initiatives ..................................................................... 3
2007 Washington Declaration ........................................................................................................ 3
2009 United Nations Climate Change Conference ......................................................................... 3
European Legislation............................................................................................................................... 3
2005: The European Union Emission Trading System (EU ETS) .......................................................... 3
UK National Legislation ........................................................................................................................... 4
2001: UK Climate Change Levy (CCL) .................................................................................................. 4
2002: UK Renewables Obligation (RO)................................................................................................ 4
2006: UK Climate Change and Sustainable Energy Act ....................................................................... 5
2008: Climate Change Act ................................................................................................................... 5
References .............................................................................................................................................. 5
Global Legislation 2
Global Legislation
Although the treaty was presented to and signed by nations at all stages of development, it was
targeted at already industrialised nations (so-called Annex I nations in the treaty), who would
promise to reduce their emissions by the same extent as developing nations would be increase
theirs, thereby stabilising greenhouse emissions.2
Achievements: This was the first major International environmental treaty, presented at the Earth
Summit in Rio de Janeiro between the 3rd– 14th June 1992 and attracted 192 signatories, most
crucially including the-then G7 group of nations, which constituted Canada France, Germany, Italy,
the United States and United Kingdom.
It’s most pragmatic feature was to institute a global system in order to count greenhouse gas
emissions and sequestration. As a result, signatory countries established national Inventories to
measure their net greenhouse gas production. These national accounts are then published regularly
and given for review by the Secretariat of the UNFCCC.
Failings: Although the UNFCCC was a significant step in a multinational effort to curb climate
change, it was completely voluntary and by its very words, ‘non-binding’1. As a result, developed and
developing nations both continued increasing emissions2, undermining the treaty to the point of
being ineffectual.
Achievements: The Protocol set Annex I nations a set of obligatory targets for the reduction of
Carbon Dioxide, Methane, Nitrous Oxide, Hydrofluorocarbons, Perfluorocarbons and Sulphur
Hexafluoride.2
In order to help Annex I nations realistically meet these objectives, the treaty also introduced three
mechanisms3:
1. International Emissions Trading – Popularly known as ‘Carbon Trading’. Annex I nations are
given an allowance corresponding to the amount of Greenhouse gasses they may release. If
they should pollute to a level below their quota, they can then sell their spare ‘carbon
credits’ to other Annex I nations on an international carbon trading market.
European Legislation 3
2. Clean Development Mechanism (CDM) – An Annex I nation can invest in projects reducing
emissions in non-Annex I nations, as a replacement for reducing their domestic emissions.
3. Joint Implementation (JI) – Similar to the CDM, here an Annex I nation can invest in a ‘Joint
Implementation Project’, which is designed to reduce greenhouse emissions in another
Annex I country as an alternative to reducing domestic emissions.
Both CDM and JI mechanisms allow for funding into schemes which would otherwise not have been
considered feasible before the Kyoto Protocol, a term called additionality. All the schemes operate
by placing a fiscal sphere into the diplomatic accord. Hence, it becomes economically advantageous
to reduce greenhouse emissions.
Failings: Although more successful than the 1992 treaty, Kyoto has still faces dire problems. The
protocol has not been ratified in the United States (the world’s largest polluter of greenhouse gases
on a per capita basis) and therefore holds no authority there. Additionally, several Annex I nations,
including the 15 pre-2004 expansion members of the EU have failed to cut their emissions by the
levels set by Kyoto. Both Canada and Japan have increased their emissions since the Protocol came
into effect.3
2009 United Nations Climate Change Conference – has been scheduled for December 2009 in
the Danish city of Copenhagen. All signatories of the 1992 UNFCCC and Kyoto Protocol are expected
to attend and decide on a successor treaty to Kyoto. Planned topics of debate include carbon
capture and storage, biofuels and technology transfer. 5
European Legislation
Each member country will be allocated a set allowance for their emissions over a period of years, in
accordance with the Kyoto Protocol, with one unit of allowance equal to one tonne of CO2 released.
The scheme works in two phases, with a third currently under discussion. Phase one lasted between
the 1st of January 2005 to December 31st 2007 and focused on electricity generation, the paper
industry, mineral industries and the steel industry.
Phase two lasts from the 1st of January 2008 until the 31st of December 2012. In this phase, aviation
emissions are also included and the CDM and JI flexibility mechanisms from the Kyoto protocol are
also taken into account.3
UK National Legislation 4
UK National Legislation
As well as their usual energy bill, operations subject to the CCL are required to pay the below levy to
the UK government.
Alternatively, the supplier may also make a payment to an annual buy-out fund. This is a set quantity
of money paid for each MegaWatt hour of renewable energy unproduced. The fund is then released
at the end of the year to ROC holders and is used to fund increased energy efficiency or renewable
energy technologies.
Suppliers fulfil their obligation either through obtaining ROCs or paying the buy-out fund, or a
combination of both.
The Act aims to deliver cheap energy from these sites, which will be promoted by both the
government and energy companies. Additionally, local authorities will be promoted to work for local
level energy efficiency within their district, such as constructing more efficient heating/cooling
systems instead of other buildings.3
References
1 -P.3, United Nations Framework Convention on Climate Change, United Nations, 1992.
4 - http://news.bbc.co.uk/1/hi/sci/tech/6364663.stm Politicians Sign New Climate Pact, BBC News, 16th Feb 2007.
5 -United Nations Framework Convention on Climate Change 2009 Draft, United Nations, 2009.
6 - HM Revenue & Customs ‘Climate Change Levy (CCL): Changes to Rates’ 2006
http://customs.hmrc.gov.uk/channelsPortalWebApp/channelsPortalWebApp.portal?_nfpb=true&_pageLabel=pa
geExcise_RatesCodesTools&propertyType=document&id=HMCE_PROD1_025377 [accessed 21/08/06]