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ENVIRONMENT – CONVENTIONS AND

PROTOCOLS
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SHANMUGAM IAS ACADEMY


46/1, Gokhale St, Opp Senthil Kumaran Theatre, Ram Nagar, Coimbatore, Tamil Nadu 641009
ENVIRONMENT – CONVENTIONS AND PROTOCOLS

BASEL CONVENTION

The Basel Convention on the Control of Transboundary Movements of


Hazardous Wastes and Their Disposal, usually known as the Basel Convention,
is an international treaty that was designed to reduce the movements
of hazardous waste between nations, and specifically to prevent transfer of
hazardous waste from developed to less developed countries (LDCs).

It does not, however, address the movement of radioactive waste.

The Convention entered into force on 5 May 1992.

As of February 2018, 185 states and the European Union are parties to the
Convention.

Haiti and the United States have signed the Convention but not ratified it.

OBJECTIVE

The overarching objective of the Basel Convention is to protect human health


and the environment against the adverse effects of hazardous wastes. Its scope
of application covers a wide range of wastes defined as “hazardous wastes” based
on their origin and/or composition and their characteristics, as well as two types of
wastes defined as “other wastes” - household waste and incinerator ash.

AIMS AND PROVISIONS

The provisions of the Convention center around the following principal aims:

• the reduction of hazardous waste generation and the promotion of


environmentally sound management of hazardous wastes, wherever the
place of disposal;

• the restriction of transboundary movements of hazardous wastes except


where it is perceived to be in accordance with the principles of
environmentally sound management; and

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• a regulatory system applying to cases where transboundary movements are


permissible.

The first aim is addressed through a number of general provisions requiring States
to observe the fundamental principles of environmentally sound waste
management.

A number of prohibitions are designed to attain the second aim:

Hazardous wastes may not be exported to Antarctica, to a State not party to


the Basel Convention, or to a party having banned the import of hazardous
wastes.

Parties may, however, enter into bilateral or multilateral agreements on


hazardous waste management with other parties or with non-parties, provided
that such agreements are “no less environmentally sound” than the Basel
Convention.

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In all cases where transboundary movement is not, in principle, prohibited, it may


take place only if it represents an environmentally sound solution, if the principles
of environmentally sound management and non-discrimination are observed and if
it is carried out in accordance with the Convention’s regulatory system.

• The regulatory system is the cornerstone of the Basel Convention as


originally adopted. Based on the concept of prior informed consent, it
requires that, before an export may take place, the authorities of the State of
export notify the authorities of the prospective States of import and transit,
providing them with detailed information on the intended movement.
• The movement may only proceed if and when all States concerned have
given their written consent.
• The Basel Convention also provides for cooperation between parties,
ranging from exchange of information on issues relevant to the
implementation of the Convention to technical assistance, particularly to
developing countries.
• The Secretariat is required to facilitate and support this cooperation,
acting as a clearing-house.
• In the event of a transboundary movement of hazardous wastes having
been carried out illegally, the Convention attributes responsibility to one
or more of the States involved, and imposes the duty to ensure safe
disposal, either by re-import into the State of generation or otherwise.
• The Convention also provides for the establishment of regional or sub-
regional centres for training and technology transfers regarding the
management of hazardous wastes and other wastes and the minimization of
their generation to cater to the specific needs of different regions and sub
regions.

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ENVIRONMENT – CONVENTIONS AND PROTOCOLS

ROTTERDAM CONVENTION:

The Rotterdam Convention (formally, the Rotterdam Convention on the Prior


Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade) is a multilateral treaty to promote shared responsibilities
in relation to importation of hazardous chemicals.

The convention promotes open exchange of information and calls on exporters


of hazardous chemicals to use proper labeling, include directions on safe
handling, and inform purchasers of any known restrictions or bans.

Signatory nations can decide whether to allow or ban the importation of chemicals
listed in the treaty, and exporting countries are obliged to make sure that producers
within their jurisdiction comply.

The chemicals listed in Annex III include pesticides and industrial chemicals that
have been banned or severely restricted for health or environmental reasons by two
or more Parties. They are subject to Prior Informed Consent (PIC) Procedure.

There are a total of 51 chemicals listed in Annex III, 36 are pesticides (including 5
severely hazardous pesticide formulations) and 15 industrial chemicals.

Parties to the Convention have their own lists of hazardous chemicals banned
or restricted from import and export. Such lists usually contain more chemicals
than those listed in Annex III. For a hazardous chemical that is not listed on Annex
III but is banned or restricted in exporting party, certain information must be
exchanged between the exporting and importing party. Pease refer to information
exchange part for more info.

INFORMATION EXCHANGE

In addition to mandating the PIC procedure for Annex III chemicals, the
Convention promotes the exchange of information on a very broad range of
hazardous chemicals including those not included in Annex III yet. It calls on the
exporters of those hazardous chemicals to make use of proper labelling,

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include directions on safe handling, and inform importers of any known


restrictions or bans.

RECENTLY IN NEWS:

UN scientific committee recommends international trade measures for an


additional 4 chemicals known to be harmful to human health and the
environment

With the goal to protect human health and environment by assisting governments
to make informed decisions concerning trade in pesticide and industrial chemicals,
the UN Rotterdam Convention’s Chemicals Review Committee held its 14th
meeting at the Food and Agriculture Organization (FAO) Headquarters in Rome,
from 11 - 13 September 2018 with chemicals experts from all the UN regions
attending the meeting.

The four hazardous chemicals recommended to be listed are:

The pesticide acetochlor, used for example as a herbicide on maize, known to be


highly toxic to aquatic organisms and posing a high risk to birds and non-targeted
plants;

The industrial chemical hexabromocyclododecane, used for example in flame


retardants and polystyrene foam insulation, known to be carcinogenic,
neurotoxic and harmful for human development as well as toxic to both aquatic
and terrestrial species;

The pesticide phorate, widely used to control insects on cotton, potatoes, coffee,
beans and corn; and which is extremely toxic, causing lethality at low doses, and
with studies showing poisonings and deaths amongst agricultural workers exposed
to this active ingredient;

The industrial chemical perfluorooctanoic acid (PFOA), its salts and PFOA-
related compounds, widely used in domestic non-stick cooking ware and food-
processing appliances, surface treatment agents in textiles, paper and paints,
firefighting foams and is known to be toxic to humans and the environment with

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links to major health issues such as kidney cancer, testicular cancer, thyroid
disease, and pregnancy-induced hypertension.

The decision to list these chemicals will be taken at subsequent Meetings of the
Conference of the Parties (COPs), the next of which will be held in Geneva from
29 April to 10 May 2019.

STOCKHOLM CONVENTION:

Stockholm Convention on Persistent Organic Pollutants is an


international environmental treaty, signed in 2001 and effective from May 2004,
that aims to eliminate or restrict the production and use of persistent organic
pollutants (POPs).

United Nations Environment Programme (UNEP) called for global action to be


taken on POPs, which it defined as “chemical substances that persist in the
environment, bio-accumulate through the food web, and pose a risk of causing
adverse effects to human health and the environment”.

DIRTY DOZEN:

Following this, the Intergovernmental Forum on Chemical Safety (IFCS) and


the International Programme on Chemical Safety (IPCS) prepared an assessment of
the 12 worst offenders, known as the dirty dozen.

Initially, twelve POPs have been recognized as causing adverse effects on


humans and the ecosystem and these can be placed in 3 categories:

• Pesticides: aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, mirex,


toxaphene;

• Industrial chemicals: hexachlorobenzene, polychlorinated biphenyls


(PCBs); and

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• By-products: polychlorinated dibenzo-p-dioxins and polychlorinated


dibenzofurans (PCDD/PCDF)

The convention entered into force on 17 May 2004 with ratification by an initial
128 parties and 151 signatories.

Co-signatories agree to outlaw nine of the dirty dozen chemicals, limit the use
of DDT to malaria control, and curtail inadvertent production of dioxins
and furans.

In 2012, the Secretariats of the Basel and Stockholm conventions, as well as


the UNEP-part of the Rotterdam Convention Secretariat, merged to a single
Secretariat with a matrix structure serving the three conventions. The three
conventions now hold back to back Conferences of the Parties as part of their joint
synergies decisions.

The term “BRS Conventions” is a collective term for three different conventions
viz. Basel, Rotterdam and Stockholm Conventions. The purpose of clubbing these
conventions was to ensure that a topic of common concern for the three
Conventions is discussed.

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The BRS Secretariat was formed with the objective of:

• Enhance our work with parties to bring about implementation of the


conventions and synergies at the regional and national levels;

• Continue to deliver cost-effective and synergistic services to parties,


including technical assistance, scientific support, legal and governance
activities, information exchange and servicing of meetings;

• Develop and implement a resource mobilization strategy to facilitate


national implementation of the conventions, in particular by developing
countries, countries with economies in transition and small island
developing states;

• Enlarge and strengthen cooperation with all relevant stakeholders, including


with international bodies and industry through partnerships and an effective
network of regional centres;

• Create further awareness to place chemicals and waste issues within the
context of the global development and environment agenda.

RAMSAR CONVENTION:

The Ramsar Convention on Wetlands of International Importance especially


as Waterfowl Habitat is an international treaty for the conservation and
sustainable use of wetlands. It is also known as the Convention on Wetlands.

It is named after the city of Ramsar in Iran, where the Convention was signed in
1971.

The 2nd of February each year is World Wetlands Day, marking the date of the
adoption of the Convention on Wetlands on 2 February 1971. Established to raise
awareness about the value of wetlands for humanity and the planet, WWD was
celebrated for the first time in 1997 and has grown remarkably since then.

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The List of Wetlands of International Importance included 2,306 Ramsar Sites in


May 2018 covering over 2.1 million square kilometers.

India’s Ramsar sites

India became a contracting party to the Ramsar Convention in October 1981 and
designated Chilika Lake (Odisha) and Keoladeo National Park (Rajasthan) as its
first two Ramsar Sites.

Currently, India has 26 Ramsar Sites as follows:

1. Kolleru Lake - Andhra Pradesh


2. Deepor Beel - Assam

HIMACHAL PRADESH

3. Chandra taal Wetland


4. Pong Dam Lake
5. Renuka Wetland (This is smallest wetland of India)

JAMMU & KASHMIR

6. Hokera Wetland
7. Surinsar-Mansar Lakes
8. Tsomoriri
9. Wular Lake

KERALA

10.Ashtamudi Wetland
11.Sasthamkotta Lake
12.Vembanad-Kol Wetland (Largest Wetland of India)

……………..........……………………………………………………………

13.Bhoj Wetland - Madhya Pradesh


14.Loktak Lake (Montreux Record) - Manipur

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ODISHA

15.Bhitarkanika Mangroves
16.Chilika Lake

PUNJAB

17.Harike Lake (Harike Wetland and the lake are manmade and were
formed by constructing the head works across the Sutlej river, in
1953)

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18.Kanjli wetland
19.Ropar wetland

RAJASTHAN

20.Keoladeo National Park (Montreux Record)


21.Sambhar Lake

……………………………………………………………………………………

22.Point Calimere Wildlife and Bird Sanctuary - Tamil Nadu


23.Rudrasagar Lake - Tripura
24.Upper Ganga River (Brijghat to Narora Stretch) - Uttar Pradesh
25.East Calcutta Wetlands - West Bengal
26.Nalsarovar Bird Sanctuary (Latest wetland added) - Gujarat

The country with the highest number of Sites is the United Kingdom with 170,
and the country with the greatest area of listed wetlands is Bolivia, with over
140,000 square kilometers.

THE MONTREUX RECORD:

The Montreux Record is a register of wetland sites on the List of Ramsar


wetlands of international importance where changes in ecological character have
occurred, are occurring, or are likely to occur as a result of technological
developments, pollution or other human interference.

It is a voluntary mechanism to highlight specific wetlands of international


importance that are facing immediate challenges.

It is maintained as part of the List of Ramsar wetlands of international importance.

At present, 49 sites are listed in Montreux Record.

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There are 2 Indian sites that are listed under it.

1. Keoladeo National Park


2. Loktak Lake

NATIONAL WETLAND CONSERVATION PROGRAMME (NWCP)

Government of India operationalized National Wetland Conservation Programme


(NWCP) in closed collaboration with concerned State Government during the year
1985-86.

Aim of the Scheme

Conservation and wise use of wetlands in the country so as to prevent their further
degradation.

Objectives of the Scheme

The scheme was initiated with the following objectives:-

• to lay down policy guidelines for conservation and management of wetlands


in the country;

• to undertake intensive conservation measures in priority wetlands;

• to monitor implementation of the programme; and

• to prepare an inventory of Indian wetlands.

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CITES: (Washington convention)

CITES (the Convention on International Trade in Endangered Species of Wild


Fauna and Flora, also known as the Washington Convention) is a multilateral
treaty to protect endangered plants and animals.

It was drafted as a result of a resolution adopted in 1963 at a meeting of members


of the International Union for Conservation of Nature (IUCN).

The convention entered into force on 1 July 1975.

Its aim is to ensure that international trade in specimens of wild animals and
plants does not threaten the survival of the species in the wild, and it accords
varying degrees of protection to more than 35,000 species of animals and plants.

Participation is voluntary, and countries that have agreed to be bound by the


Convention are known as Parties.

Although CITES is legally binding on the Parties, it does not take the place of
national laws. Rather it provides a framework respected by each Party, which
must adopt their own domestic legislation to implement CITES at the national
level.

Each protected species or population is included in one of three lists, called


Appendices.

APPENDIX I

Appendix I, about 1200 species, are species that are threatened with extinction
and are or may be affected by trade.

• Commercial trade in wild-caught specimens of these species is illegal.


(permitted only in exceptional licensed circumstances).
• Captive-bred animals or cultivated plants of Appendix I species are
considered Appendix II specimens, with concomitant requirements.

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• The Scientific Authority of the exporting country must make a non-


detriment finding, assuring that export of the individuals will not adversely
affect the wild population.
• Any trade in these species requires export and import permits. The
Management Authority of the exporting state is expected to check that an
import permit has been secured and that the importing state is able to care
for the specimen adequately.

Notable animal species listed in Appendix I include the red panda (Ailurus
fulgens), tigers (Panthera tigris subspecies), Asiatic lion (Panthera leo
persica), leopards (Panthera pardus), jaguar (Panthera onca), cheetah (Acinonyx
jubatus), Asian elephant (Elephas maximus), the dugong and manatees (Sirenia),
and all rhinoceros species (except some Southern African subspecies
populations).

APPENDIX II

Appendix II, about 21,000 species, are species that are not necessarily
threatened with extinction, but may become so unless trade in specimens of
such species is subject to strict regulation in order to avoid utilization
incompatible with the survival of the species in the wild.

In addition, Appendix II can include species similar in appearance to species


already listed in the Appendices.

International trade in specimens of Appendix II species may be authorized by the


granting of an export permit or re-export certificate.

In practice, many hundreds of thousands of Appendix II animals are traded


annually. No import permit is necessary for these species under CITES, although
some Parties do require import permits as part of their stricter domestic measures.
A non-detriment finding and export permit are required by the exporting Party.

In addition, Article VII of CITES states that specimens of animals listed in


Appendix I that are bred in captivity for commercial purposes are treated as
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Appendix II. The same applies for specimens of Appendix I plants artificially
propagated for commercial purposes.

Examples of species listed on Appendix II are the great white


shark (Carcharodon carcharias), the American black bear (Ursus
americanus), green iguana (Iguana iguana), big leaf mahogany (Swietenia
macrophylla) and lignum vitae "ironwood" (Guaiacum officinale).

APPENDIX III

Appendix III, about 170 species, are species that are listed after one member
country has asked other CITES Parties for assistance in controlling trade in a
species.

The species are not necessarily threatened with extinction globally.

In all member countries, trade in these species is only permitted with an


appropriate export permit and a certificate of origin from the state of the
member country who has listed the species.

Examples of species listed on Appendix III and the countries that listed them are
the two-toed sloth (Choloepus hoffmanni) by Costa Rica, sitatunga (Tragelaphus

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Spekii) by Ghana, African civet (Civettictis civetta) by Botswana, and alligator


snapping turtle by the USA.

TRAFFIC

TRAFFIC, the Wildlife Trade Monitoring Network, is the leading non-


governmental organization working globally on the trade of wild animals and
plants in the context of both biodiversity and sustainable development.

It was founded in 1976 as a strategic alliance of the World Wide Fund for Nature
(WWF) and the International Union for the Conservation of Nature (IUCN).[1]

The organization’s aim is to ‘ensure that trade in wild plants and animals is not
a threat to the conservation of nature’.

It states that through research, analysis, guidance and influence, it promotes


sustainable wildlife trade (the green stream work) and combats wildlife crime
and trafficking (the red stream work).

Traffic's work involves research, publication of influential reports, projects,


education, outreach and advocacy on the issue of wildlife trade.

Traffic's headquarters are located in Cambridge, United Kingdom.

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BONN CONVENTION:

The Convention on the Conservation of Migratory Species of Wild Animals --


more commonly abbreviated to just the Convention on Migratory Species (CMS)
or the Bonn Convention and CMS COP is known as Global Wildlife
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conference—aims to conserve terrestrial, marine and avian


migratory species throughout their range.

It is an international treaty, concluded under the aegis of the United Nations


Environment Programme, concerned with the conservation of wildlife and
habitats on a global scale.

The Convention was signed in 1979 in Bad Godesberg, a suburb of Bonn (hence
the name), and entered into force in 1983.

The CMS is the only global and UN-based intergovernmental organization


established exclusively for the conservation and management of terrestrial, aquatic
and avian migratory species throughout their range.

The CMS Family covers a great diversity of migratory species. The Appendices of
CMS include many mammals, including land mammals, marine
mammals and bats; birds; fish; reptiles and one insect.

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APPENDIX I – Threatened Migratory Species

Migratory species threatened with extinction are listed on Appendix I. Parties


that are Range States to Appendix I species are obliged to afford them strict
protection.

CMS Parties strive towards strictly protecting these animals, conserving or


restoring the places where they live, mitigating obstacles to migration and
controlling other factors that might endanger them.

APPENDIX II – Migratory Species requiring international cooperation

Migratory species that need or would significantly benefit from international


co-operation are listed in Appendix II of the Convention. These species, either
individually or by taxonomic group, are the basis for establishing instruments –
regional or global – under CMS. For this reason, the Convention encourages the
Range States to conclude global or regional Agreements.

AGREEMENTS

In this respect, CMS acts as a framework Convention. The Agreements may


range from legally binding treaties (called Agreements) to less formal
instruments, such as Memoranda of Understanding, and can be adapted to the
requirements of particular regions. The development of models tailored according
to the conservation needs throughout the migratory range is a unique capacity to
CMS.

Several Agreements have been concluded to date under the auspices of CMS.

They aim to conserve:

• Populations of European Bats (EUROBATS)

• Cetaceans of the Mediterranean Sea, Black Sea and Contiguous Atlantic


Area (ACCOBAMS)

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• Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas
(ASCOBANS)

• Seals in the Wadden Sea (Wadden Sea Agreement)

• African-Eurasian Migratory Waterbirds (AEWA)

• Albatrosses and Petrels (ACAP)

• Gorillas and Their Habitats (Gorilla Agreement)

BONN AGREEMENT(1969) (not related to bonn convention)

The Bonn Agreement is an international agreement by North Sea coastal states,


together with the European Union to:

• offer mutual assistance and co-operation in combating pollution;


• execute surveillance as an aid to detecting and combating pollution and to
prevent violations of anti-pollution regulations.

The Bonn Agreement is a network of professionals with responsibility for adequate


pollution response. The members of the Bonn Agreement are Belgium, Denmark,
European Community, France, Germany, the Netherlands, Norway, Sweden, the
United Kingdom of Great Britain and Northern Ireland.

BONN AGREEMENT(2001) (not related to bonn convention)

The Bonn Agreement (officially the Agreement on Provisional Arrangements


in Afghanistan Pending the Re-Establishment of Permanent Government
Institutions) was the initial series of agreements passed on December 5, 2001 and
intended to re-create the State of Afghanistan following the U.S. invasion of
Afghanistan in response to the September 11, 2001, terrorist attacks.

Since no nationally agreed-upon government had existed in Afghanistan since


1979, it was felt necessary to have a transition period before a permanent
government was established.

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CONVENTION ON NUCLEAR SAFETY

The Convention on Nuclear Safety is a 1994 International Atomic Energy


Agency (IAEA) treaty that governs safety rules at nuclear power plants in state
parties to the Convention.

The Convention creates obligations on state parties to implement certain safety


rules and standards at all civil facilities related to nuclear energy.

These include issues of site selection; design and construction; operation and safety
verification; and emergency preparedness.

The Convention was adopted in Vienna, Austria, at an IAEA diplomatic


conference on 17 June 1994.

It was opened for signature on 20 September 1994 and has been signed by 65
states;

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As of July 2015, there are 78 state parties to the Convention plus the European
Atomic Energy Community.

MINAMATA CONVENTION ON MERCURY

The Minamata Convention on Mercury is an international treaty designed to


protect human health and the environment from anthropogenic emissions and
releases of mercury and mercury compounds.

The Convention is named after the Japanese city Minamata. This naming is of
symbolic importance as the city went through a devastating incident of mercury
poisoning. It is expected that over the next few decades, this international
agreement will enhance the reduction of mercury pollution from the targeted
activities responsible for the major release of mercury to the immediate
environment.

The Convention was agreed at 5th session of Intergovernmental Negotiating


Committee on Mercury in Geneva, Switzerland in January 2013 and was adopted
in October 2013 at Diplomatic Conference (Conference of Plenipotentiaries),
Kumamoto, Japan.

MERCURY AND ITS EFFECTS:

Mercury exists naturally and as a man-made contaminant.

The release of processed mercury can lead to a progressive increase in the amount
of atmospheric mercury, which enters the atmospheric-soil-water distribution
cycles where it can remain in circulation for years.

Mercury poisoning is the result of exposure to mercury or mercury compounds


resulting in various toxic effects depend on its chemical form and route of
exposure.

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The major route of human exposure to methylmercury (MeHg) is largely


through eating contaminated fish, seafood, and wildlife which have been
exposed to mercury through ingestion of contaminated lower organisms.

MeHg toxicity is associated with nervous system damage in adults and impaired
neurological development in infants and children.

Ingested mercury may undergo bioaccumulation leading to progressive increases in


body burdens.

MERCURY POLLUTION

Mercury is global and ubiquitous metal that occurs naturally and has broad uses in
everyday objects.

It is released to the atmosphere, soil and water from a variety of sources such as
burning coal for power plants, waste from industrial and medical products like
batteries, measuring devices, such as thermometers and barometers, etc, extraction

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of minerals (smelting of gold), electric switches and relays in equipment, lamps


(including some types of light bulbs) etc.

HARMFUL EFFECTS

According to WHO, Mercury is considered as one of top ten hazardous


chemicals of major public health concern.

• Once released into environment, mercury bio-accumulates and bio-


magnifies in food chain and easily enters human body.
• It has toxic effects on nervous, digestive and immune systems and on lungs,
kidneys, skin and eyes.
• Exposure to even small amount of mercury may cause serious health
problems. It is threat to the development of child in utero and early in life.
• It may also cause skin rashes and dermatitis.
NOTE: Mercury is the only metallic element that is liquid at standard conditions
for temperature and pressure.

The objective of the Minamata Convention is to protect the human health and
the environment from anthropogenic emissions and releases of mercury and
mercury compounds.

It contains, in support of this objective, provisions that relate to the entire life
cycle of mercury, including controls and reductions across a range of products,
processes and industries where mercury is used, released or emitted.

The treaty also addresses the direct mining of mercury, its export and import,
its safe storage and its disposal once as waste.

Pinpointing populations at risk, boosting medical care and better training of health-
care professionals in identifying and treating mercury-related effects will also
result from implementing the Convention.

The Minamata Convention provides controls over a myriad of products


containing mercury, the manufacture, import and export of which will be

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altogether prohibited by 2020, except where countries have requested an


exemption for an initial 5-year period.

These products include certain types of batteries, of lamps such as compact


fluorescent lamps, of and relays, soaps and cosmetics, thermometers, and blood
pressure devices.

Dental fillings which use mercury amalgam are also regulated under the
Convention, and their use must be phased down through a number of measures.

OBLIGATIONS ON PARTIES OF CONVENTION

1. Ban on new mercury mines, the phase-out of existing ones.


2. Phase out and phase down of mercury use in a number of products and
processes.
3. Control measures on emissions to air and on releases to land and water.
4. Regulation of the informal sector of artisanal and small-scale gold mining.

MERCURY CLUB

Within the conference a "Mercury Club" was established to support the


negotiating process for the legally binding instrument on mercury.

Three different types of awards, gold, silver and bronze, were presented and
established "according to the level of contributions received in the time period
between the 25th session of the UNEP Governing Council, where the decision
to convene negotiations was taken, and the sixth session of the
intergovernmental negotiating committee."

The recipient of award included governmental bodies, intergovernmental


organizations, non-governmental organizations and individuals.

Contributions could be made in different form such as in cash or acts like hosting
of a meeting directly related to the negotiations process.

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Money contributions were awarded as followed:

• GOLD - contributions of USD 1,000,000 and more


• SILVER - contributions of USD 500,000 and more
• BRONZE - contributions of under USD 500,000

INDIA:

India signed the convention on September 10, 2014.

The Union Cabinet has approved proposal for ratification of Minamata


Convention on Mercury and depositing instrument of ratification enabling India
to become Party of Convention.

The approval entails ratification of convention along with flexibility for continued
use of mercury-based products and processes involving mercury compound up to
2025.

INTERNATIONAL WHALING CONVENTION

The International Convention for the Regulation of Whaling is an international


environmental agreement signed in 1946 in order to "provide for the proper
conservation of whale stocks and thus make possible the orderly development
of the whaling industry"

It governs the commercial, scientific, and aboriginal subsistence whaling practices


of fifty-nine member nations.

It was signed by 15 nations in Washington, D.C. on 2 December 1946 and took


effect on 10 November 1948.

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The convention is a successor to the International Agreement for the Regulation


of Whaling, signed in London on 8 June 1937, and the protocols for that
agreement signed in London on 24 June 1938, and 26 November 1945.

The objectives of the agreement are the protection of all whale species
from overhunting,

• the establishment of a system of international regulation for the whale


fisheries to ensure proper conservation and development of whale stocks,
and
• safeguarding for future generations the great natural resources represented
by whale stocks.
The primary instrument for the realization of these aims is the International
Whaling Commission which was established pursuant to this convention.

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• The commission has made many revisions to the schedule that makes up the
bulk of the convention. The Commission process has also reserved for
governments the right to carry out scientific research which involves
killing of whales.
There have been consistent disagreement over the scope of the convention.

• In 1986, it adopted a moratorium on commercial whaling. This ban still


continues.
• In 1994, it created the Southern Ocean Whale Sanctuary surrounding the
continent of Antarctica. Here, the IWC has banned all types of commercial
whaling.
• Only two such sanctuaries have been designated by IWC till
date. Another is Indian Ocean Whale Sanctuary by the tiny island nation
of the Seychelles.

INTERNATIONAL WHALING COMMISSION:

The International Whaling Commission (IWC) is an international body set up


by the terms of the International Convention for the Regulation of Whaling
(ICRW), which was signed in Washington, D.C., United States, on December 2,
1946 to "provide for the proper conservation of whale stocks and thus make
possible the orderly development of the whaling industry".

In 1982 the IWC adopted a moratorium on commercial whaling.

Currently, Japan, Russia, and a number of other nations oppose this


moratorium.

The IWC allows non-zero whaling quotas for aboriginal subsistence and also
member nations may issue 'Scientific Permits' to their citizens.

• Japan has issued such permits since 1986, Norway and Iceland whale under
objection to the moratorium and issue their own quotas.
• In 1994, the Southern Ocean Whale Sanctuary was created by the IWC.

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The main duty of the IWC is to keep under review and revise as necessary the
measures laid down in the Schedule to the Convention which govern the conduct
of whaling throughout the world.

1. These measures, among other things, provide for the complete protection of
certain species;
2. designate specified areas as whale sanctuaries;
3. set limits on the numbers and size of whales which may be taken; prescribe
open and closed seasons and areas for whaling;
4. and prohibit the capture of suckling calves and female whales accompanied
by calves.
The compilation of catch reports and other statistical and biological records is also
required.

In addition, the Commission encourages, co-ordinates and funds whale research,


publishes the results of scientific research and promotes studies into related matters
such as the humaneness of the killing operations.

On 13 September 2018, IWC members gathered in Florianopolis, Brazil, where


they discussed and rejected a proposal by Japan to renew commercial whaling.
Through the "Florianopolis Declaration", it was concluded that the purpose of the
IWC is the conservation of whales and that they would now safeguard the marine
mammals in perpetuity and would allow the recovery of all whale populations to
pre-industrial whaling levels.

The headquarters of the IWC is in Impington, near Cambridge, England

India is a member of International whaling commission.

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EARTH SUMMIT

The United Nations Conference on Environment and Development (UNCED), also


known as the Rio de Janeiro Earth Summit, the Rio Summit, the Rio Conference,
and the Earth Summit, was a major United Nations conference held in Rio de
Janeiro from 3 to 14 June 1992.

More than 100 heads of states met in RIO DE JANEIRO in Brazil.

Earth Summit was created as a response for Member States to cooperate


together internationally on development issues after the Cold War.

Due to conflict relating to sustainability being too big for individual member states
to handle, Earth Summit was held as a platform for other Member States to
collaborate.

Since the creation, many others in the field of sustainability show a similar
development to the issues discussed in these conferences, including non-
governmental organizations (NGOs).

In 2012, the United Nations Conference on Sustainable Development was also held
in Rio, and is also commonly called Rio+20 or Rio Earth Summit 2012. It was held
from 13 to 22 June.

The issues addressed included:

1. systematic scrutiny of patterns of production — particularly the production


of toxic components, such as lead in gasoline, or poisonous waste including
radioactive chemicals
2. alternative sources of energy to replace the use of fossil fuels which
delegates linked to global climate change
3. new reliance on public transportation systems in order to reduce vehicle
emissions, congestion in cities and the health problems caused by polluted
air and smoke
4. the growing usage and limited supply of water

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An important achievement of the summit was an agreement on the Climate


Change Convention which in turn led to the Kyoto Protocol and the Paris
Agreement.

Another agreement was to "not to carry out any activities on the lands of
indigenous peoples that would cause environmental degradation or that would
be culturally inappropriate".

The Convention on Biological Diversity was opened for signature at the Earth
Summit, and made a start towards redefinition of measures that did not inherently
encourage destruction of natural ecoregions and so-called uneconomic growth.

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The Earth Summit resulted in the following documents:

1. Rio Declaration on Environment and Development


2. Agenda 21
3. Forest Principles
Moreover, important legally binding agreements (Rio Convention) were opened
for signature:

1. Convention on Biological Diversity


2. Framework Convention on Climate Change (UNFCCC)
3. United Nations Convention to Combat Desertification
In order to ensure compliance to the agreements at Rio (particularly the Rio
Declaration on Environment and Development and Agenda 21), delegates to the
Earth Summit established the Commission on Sustainable Development (CSD).

• In 2013, the CSD was replaced by the High-level Political Forum on


Sustainable Development that meets every year as part of the ECOSOC
meetings, and every fourth year as part of the General Assembly meetings.
Critics point out that many of the agreements made in Rio have not been realized
regarding such fundamental issues as fighting poverty and cleaning up the
environment.

1. Rio Declaration on Environment and Development


Rio Declaration on Environment and Development consisted of 27
principles intended to guide future sustainable development around the world.

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The Rio Declaration proclaims 27 principles. It includes formulations of


the precautionary principle (principle 15) and of the polluter pays
principle (principle 16).

1. The role of humans.


2. State sovereignty
3. The Right to development
4. Environmental Protection in the Development Process
5. Eradication of Poverty
6. Priority for the Least Developed

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7. State Cooperation to Protect Ecosystem


8. Reduction of Unsustainable Patterns of Production and Consumption
9. Capacity Building for Sustainable Development
10. Public participation
11. National Environmental Legislation
12. Supportive and Open International Economic System
13. Compensation for Victims of Pollution and other Environmental Damage
14. State Cooperation to Prevent environmental dumping
15. Precautionary principle
16. Internalization of Environmental Costs
17. Environmental Impact Assessments
18. Notification of Natural Disaster
19. Prior and Timely Notification
20. Women have a Vital Role
21. Youth Mobilization
22. Indigenous Peoples have a Vital Role
23. People under Oppression
24. Warfare
25. Peace, Development and Environmental Protection
26. Resolution of Environmental Disputes
27. Cooperation between State and People

2. AGENDA 21

Agenda 21 is a non-binding action plan of the United Nations with regard


to sustainable development.

• It is a product of the Earth Summit (UN Conference on Environment and


Development) held in Rio de Janeiro, Brazil, in 1992.
• It is an action agenda for the UN, other multilateral organizations, and
individual governments around the world that can be executed at local,
national, and global levels.

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The "21" in Agenda 21 refers to the 21st Century. Although it is also the area
code for Greater Rio de Janeiro, plus Teresópolis and Mangaratiba in
the countryside.

• It has been affirmed and had a few modifications at subsequent


UN conferences.
• Its aim is achieving global sustainable development.
• One major objective of the agenda 21 is that every local government
should draw its own local agenda 21.

RIO+5 (1997)

In 1997, the UN General Assembly held a special session to appraise the status of
Agenda 21 (Rio +5). The Assembly recognized progress as "uneven" and
identified key trends, including increasing globalization, widening inequalities
in income, and continued deterioration of the global environment. A new
General Assembly Resolution (S-19/2) promised further action.

RIO+10 (2002)

The Johannesburg Plan of Implementation, agreed to at the World Summit on


Sustainable Development (Earth Summit 2002), affirmed UN commitment to "full
implementation" of Agenda 21, alongside achievement of the Millennium
Development Goals and other international agreements.

AGENDA 21 FOR CULTURE (2002)

The first World Public Meeting on Culture, held in Porto Alegre, Brazil, in
2002, came up with the idea to establish guidelines for local cultural policies,
something comparable to what Agenda 21 was for the environment.

They are to be included in various subsections of Agenda 21 and will be carried


out through a wide range of sub-programs beginning with G8 countries.

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RIO+20 (2012)

In 2012, at the United Nations Conference on Sustainable Development the


attending members reaffirmed their commitment to Agenda 21 in their outcome
document called "The Future We Want". 180 nation leaders participated.

SUSTAINABLE DEVELOPMENT SUMMIT (2015)

Agenda 2030, also known as the Sustainable Development Goals, was a set of
goals decided upon at the UN Sustainable Development Summit in 2015.

It takes all of the goals set by Agenda 21 and re-asserts them as the basis for
sustainable development, saying, “We reaffirm all the principles of the Rio
Declaration on Environment and Development…”

Adding onto those goals from the original Rio document, a total of 17 goals have
been agreed on, revolving around the same concepts of Agenda 21; people,
planet, prosperity, peace, and partnership.

Implementation by member states remains voluntary, and its adoption has varied.

LOCAL LEVEL

The implementation of Agenda 21 was intended to involve action at international,


national, regional and local levels.

Some national and state governments have legislated or advised that local
authorities take steps to implement the plan locally, These programs are often
known as "Local Agenda 21" or "LA21".

For example, in the Philippines, the plan is "Philippines Agenda 21" (PA21).

Europe turned out to be the continent where LA21 was best accepted and most
implemented.

In Sweden, for example, all local governments have implemented a Local Agenda
21 initiative.

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3. Forest Principles

The Forest Principles (also Rio Forest Principles) is the informal name given to the
Non-Legally Binding Authoritative Statement of Principles for a Global
Consensus on the Management, Conservation and Sustainable Development
of All Types of Forests (1992), a document produced at the United Nations
Conference on Environment and Development (UNCED), informally known as the
Earth Summit.

It is a non-legally binding document that makes several recommendations for


conservation and sustainable development forestry.

At the Earth Summit, the negotiation of the document was complicated by


demands by developing nations in the Group of 77 for increased foreign aid in
order to pay for the setting aside of forest reserves.

Developed nations resisted those demands, and the final document was a
compromise.

The FOREST EUROPE process (Ministerial Conferences on the Protection of


Forests in Europe, MCPFE) was started by Strasbourg Conference in 1990 and the
Forest Principles were adopted and incorporated into the agenda by Helsinki
Conference in 1993.

The process covers Pan-European region consisting of 47 signatories (46 European


countries and the European Union) that partially overlaps with Montréal Process
region (Russia is a signatory of both processes).

The Montréal Process, also known as the Working Group on Criteria and
Indicators for the Conservation and Sustainable Management of Temperate and
Boreal Forests, was started in 1994 as a result of the Forest Principles.

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THE CONVENTION ON BIOLOGICAL DIVERSITY:

The Convention on Biological Diversity (CBD), known informally as


the Biodiversity Convention, is a multilateral treaty.

The Convention has three main goals including:

1. the conservation of biological diversity (or biodiversity);


2. the sustainable use of its components; and
3. the fair and equitable sharing of benefits arising from genetic resources.
In other words, its objective is to develop national strategies for the
conservation and sustainable use of biological diversity. It is often seen as the
key document regarding sustainable development.

The Convention was opened for signature at the Earth Summit in Rio de
Janeiro on 5 June 1992 and entered into force on 29 December 1993.

IMPORTANCE OF CBD

CBD is a land mark in international law on environment because:

• For the first time it recognized that the conservation of biological diversity is
“a common concern of humankind” and is an integral part of the
development process.

• It covers all ecosystems, species, and genetic resources.

• It links traditional conservation efforts to the economic goal of using


biological resources sustainably.

• It sets principles for the fair and equitable sharing of the benefits arising
from the use of genetic resources, notably those destined for commercial
use.

• It also covers the rapidly expanding field of biotechnology, addressing


technology development and transfer, benefit-sharing and bio-safety.

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• Since the Convention is legally binding; countries that join it are obliged to
implement its provisions.

National Biodiversity Strategies and Action Plans (NBSAPs) are the principal
instruments for implementing the Convention at the national level (Article 6). The
Convention requires countries to prepare a national biodiversity strategy (or
equivalent instrument) and to ensure that this strategy is mainstreamed into the
planning and activities of all those sectors whose activities can have an impact
(positive and negative) on biodiversity

IN INDIA:

The National Environment Policy, 2006, seeks to achieve balance and harmony
between conservation of natural resources and development processes and also
forms the basic framework for the National Biodiversity Action Plan.

The objectives of the NBAP are are broad-based and relate to current perceptions
of key threats and constraints to biodiversity conservation and are as follows.

1. Strengthening and integration of in situ, on-farm and ex situ conservation

2. Augmentation of natural resource base and its sustainable utilization;


Ensuring inter and intra-generational equity

3. Regulation of introduction of invasive alien species and their management

4. Assessment of vulnerability, and adaptation to climate change and


desertification

5. Integration of biodiversity concerns in economic and social development

6. To prevent, minimize and abate impacts of pollution

7. Development and integration of biodiversity databases

8. Strengthening implementation of policy, legislative and administrative


measures for biodiversity conservation and management

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9. Building of national capacities for biodiversity conservation and appropriate


use of new technologies

10.Valuation of goods and services provided by biodiversity and use of


economic instruments in the decision-making processes

11.International cooperation to consolidate and strengthen bilateral, regional


and multilateral cooperation on issues related to biodiversity.

Two protocols to CBD are

1. NAGOYA PROTOCOL

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable
Sharing of Benefits Arising from their Utilization to the Convention on Biological
Diversity is a supplementary agreement to the Convention on Biological
Diversity.

It provides a transparent legal framework for the effective implementation of


one of the three objectives of the CBD: the fair and equitable sharing of benefits
arising out of the utilization of genetic resources.

Its objective is the fair and equitable sharing of benefits arising from the utilization
of genetic resources, thereby contributing to the conservation and sustainable
use of biodiversity.

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The Nagoya Protocol was adopted in 2010 and is a legally binding protocol. It
addresses the problem source countries of genetic resources by recognizing their
right to get a share in benefits reaped by foreign bioprospectors.

RIGHT OF PARTIES TO NAGOYA PROTOCOL

A source country has right to benefit from any commercial application of its
bioresources.

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Such benefits may include:

• Share in Cash profits

• Sample of what was collected

• Participation or training of national researchers.

• Transfer of biotechnology

The Nagoya Protocol reaffirms that a sovereign country has full rights on its
genetic resources and use of its bioresources should be done only by mutual
consent.

It provides legal certainty and transparency and also covers Traditional


Knowledge.

OBLIGATIONS OF PARTIES TO NAGOYA PROTOCOL

Under the Nagoya Protocol, there are certain requirements or obligations, which
each country is required to fulfill:

• Every country should create clear and unambiguous legal framework around
access of its genetic sources. This framework should have clear laws, rules,
procedures etc.

• Every country should make clear that its consent is taken while accessing its
bioresources and terms on which monetary or non-monetary benefits are to
be shared. The terms should be mutually agreed and both the contracting
parties must have access to justice.

Other Important Notes on Nagoya Protocol

• The protocol is legally binding and open to only CBD ratified countries.
(Excludes US )

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• The protocol is applicable only when a country’s bio-resources are ‘used’.


‘used’ means to conduct research and development on the genetic and/or
biochemical composition of genetic resources.

• Covers derivative products of bio resources including drugs, antibodies,


vitamins, enzymes, active compounds and metabolites; however, term
derivatives is not explicitly expressed.

• Does not apply to Human Genetic Material

• Does not make reference to patents or other Intellectual property rights.

2. CARTAGENA PROTOCOL ON BIOSAFETY:

The Cartagena Protocol on Biosafety of the Convention, also known as the


Biosafety Protocol, was adopted in January 2000.

The Biosafety Protocol seeks to protect biological diversity from the potential
risks posed by living modified organisms resulting from modern biotechnology.

It is a legally binding protocol as part of CBD and is related to “Biosafety


measures”

i.e. Biosafety concerns related to import & export of Living Modified Organisms
(LMOs) and commodities made from them.

There are two major components of Cartagena Protocol viz. Advanced


Informed Agreement (AIA) Procedure and Biosafety Clearing House.

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i) Advanced Informed Agreement (AIA)

AIA under the Cartagena Protocol ensures that the countries are provided with the
information necessary to make informed decisions before agreeing to the import of
Living Modified Organisms into their territory.

ii) Biosafety Clearing House

Biosafety Clearing-House facilitates the exchange of information on living


modified organisms and to assist countries in the implementation of the Protocol.

Rights of parties of Cartagena Protocol

Every country, which is a party to Cartagena Protocol on Biosafety as the


following rights:

• To be told in advance if they are importing something that contains LMOs or


commodities made of LMOs. This is done via the Advanced Informed
Agreement.

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• If they don’t want to accept such imports, they will inform the world
community via communicating the Biosafety Clearing House.

• All commodities which may contain LMO elements should be clearly


labeled by exporters.

• The exporter of such commodity must inform the importing country in


advance the shipment will contain LMOs. The importer must authorize such
shipment.

• Importing country has both opportunity and the capacity to assess risks
involving the products of modern biotechnology.

• The protocol allows the countries to ban import of LMOs.

The Biosafety Protocol makes clear that products from new technologies must be
based on the precautionary principle and allow developing nations to balance
public health against economic benefits. It will for example let countries ban
imports of a genetically modified organism if they feel there is not enough
scientific evidence the product is safe and requires exporters to label shipments
containing genetically modified commodities such as corn or cotton.

AICHI TARGETS

The ‘Aichi Target’ adopted by the Convention on Biological Diversity (CBD) at its
Nagoya conference.

In the COP-10 meeting, the parties agreed that previous biodiversity protection
targets are not achieved, So, we need to do come up with new plans and targets

The short term plan provides a set of ambitious yet achievable targets, collectively
known as the Aichi Targets.

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Strategic Goal A: Address the underlying causes of biodiversity loss by


mainstreaming biodiversity across government and society

Strategic Goal B: Reduce the direct pressures on biodiversity and promote


sustainable use.

Strategic Goal C: To improve the status of biodiversity by safeguarding


ecosystems, species and genetic diversity

Strategic Goal D: Enhance the benefits to all from biodiversity and ecosystem
services

Strategic Goal E: Enhance implementation through participatory planning,


knowledge management and capacity building

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The IUCN Species Programme provides advice to Parties, other governments and
partners on the implementation of the Strategic Plan for Biodiversity and it’s Aichi
Biodiversity Targets (2011 – 2020), and is also heavily involved in work towards
the Targets themselves.

UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE


CHANGE (UNFCCC)

The United Nations Framework Convention on Climate Change (UNFCCC) is an


international environmental treaty adopted on 9 May 1992.

It then entered into force on 21 March 1994, after a sufficient number of countries
had ratified it.

The UNFCCC objective is to "stabilize greenhouse gas concentrations in the


atmosphere at a level that would prevent dangerous anthropogenic
interference with the climate system".

The framework sets non binding limits on greenhouse gas emissions for
individual countries and contains no enforcement mechanisms.

Instead, the framework outlines how specific international treaties (called


"protocols" or "Agreements") may be negotiated to specify further action
towards the objective of the UNFCCC

The parties to the convention have met annually from 1995 in Conferences of the
Parties (COP) to assess progress in dealing with climate change.

• In 1997, the Kyoto Protocol was concluded and established legally binding
obligations for developed countries to reduce their greenhouse gas
emissions in the period 2008–2012.

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The 2010 United Nations Climate Change Conference produced an agreement


stating that future global warming should be limited to below 2.0 °C (3.6 °F)
relative to the pre-industrial level.

The Protocol was amended in 2012 to encompass the period 2013–2020 in the
Doha Amendment, which as of December 2015 had not entered into force.

In 2015 the Paris Agreement was adopted, governing emission reductions from
2020 on through commitments of countries in Nationally Determined
Contributions. The Paris Agreement entered into force on 4 November 2016.

One of the first tasks set by the UNFCCC was for signatory nations to
establish national greenhouse gas inventories of greenhouse gas (GHG)
emissions and removals, which were used to create the 1990 benchmark levels for
accession of Annex I countries to the Kyoto Protocol and for the commitment of
those countries to GHG reductions. Updated inventories must be submitted
annually by Annex I countries.

Article 3(1) of the Convention states that Parties should act to protect the climate
system on the basis of "common but differentiated responsibilities", and that
developed country Parties should "take the lead" in addressing climate
change.

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Under Article 4, all Parties make general commitments to address climate change
through, for example, climate change mitigation and adapting to the eventual
impacts of climate change.

Article 4(7) states: The extent to which developing country Parties will
effectively implement their commitments under the Convention will depend on
the effective implementation by developed country Parties of their
commitments under the Convention related to financial resources and
transfer of technology and will take fully into account that economic and social
development and poverty eradication are the first and overriding priorities of the
developing country Parties.

The Framework Convention specifies the aim of developed (Annex I) Parties


stabilizing their greenhouse gas emissions (carbon dioxide and other
anthropogenic greenhouse gases not regulated under the Montreal Protocol)
at 1990 levels, by the year 2000.

KYOTO PROTOCOL

The Kyoto Protocol is an international treaty which extends the 1992 United
Nations Framework Convention on Climate Change (UNFCCC) that commits
state parties to reduce greenhouse gas emissions, based on the scientific
consensus that (part one) global warming is occurring and (part two) it is
extremely likely that human-made CO2 emissions have predominantly caused
it.

The Kyoto Protocol was adopted in Kyoto, Japan on 11 December 1997 and
entered into force on 16 February 2005.

There are currently 192 parties (Canada withdrew effective December 2012) to the
Protocol.

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The Kyoto Protocol implemented the objective of the UNFCCC to reduce the
onset of global warming by reducing greenhouse gas concentrations in the
atmosphere to

"a level that would prevent dangerous anthropogenic interference with the
climate system" (Article 2).

The Kyoto Protocol applies to the six greenhouse gases listed in Annex A:

1. Carbon dioxide (CO2),


2. Methane (CH4),
3. Nitrous oxide (N2O),
4. Hydrofluorocarbons (HFCs)
5. Perfluorocarbons (PFCs) and
6. Sulphur hexafluoride (SF6).
The Protocol is based on the principle of common but differentiated
responsibilities: it acknowledges that individual countries have different
capabilities in combating climate change, owing to economic development, and
ergo puts the obligation to reduce current emissions on developed countries on
the basis that they are historically responsible for the current levels of greenhouse
gases in the atmosphere.

Some of the principal concepts of the Kyoto Protocol are:

Binding commitments for the Annex I Parties: The main feature of the Protocol
is that it established legally binding commitments to reduce emissions of
greenhouse gases for Annex I Parties.

• The commitments were based on the Berlin Mandate, which was a part of
UNFCCC negotiations leading up to the Protocol.
Implementation: In order to meet the objectives of the Protocol, Annex I Parties
are required to prepare policies and measures for the reduction of greenhouse gases
in their respective countries.

• In addition, they are required to increase the absorption of these gases and
utilize all mechanisms available, such as joint implementation, the clean
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development mechanism and emissions trading, in order to be rewarded with


credits that would allow more greenhouse gas emissions at home.
Minimizing Impacts on Developing Countries by establishing an adaptation
fund for climate change.

Accounting, Reporting and Review in order to ensure the integrity of the


Protocol.

Compliance: Establishing a Compliance Committee to enforce compliance with


the commitments under the Protocol.

The Protocol's first commitment period started in 2008 and ended in 2012.

A second commitment period was agreed on in 2012, known as the Doha


Amendment to the Kyoto Protocol, in which 37 countries have binding targets:
Australia, the European Union (and its 28 member states), Belarus, Iceland,
Kazakhstan, Liechtenstein, Norway, Switzerland and Ukraine.

Japan, New Zealand and Russia have participated in Kyoto's first-round but
have not taken on new targets in the second commitment period.

Other developed countries without second-round targets are Canada (which


withdrew from the Kyoto Protocol in 2012) and the United States (which has not
ratified).

As of July 2016, 66 states have accepted the Doha Amendment, while entry into
force requires the acceptances of 144 states. Of the 37 countries with binding
commitments, 7 have ratified.

Negotiations were held in the framework of the yearly UNFCCC Climate Change
Conferences on measures to be taken after the second commitment period ends in
2020. This resulted in the 2015 adoption of the Paris Agreement, which is a
separate instrument under the UNFCCC rather than an amendment of the Kyoto
Protocol.

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FIRST COMMITMENT PERIOD: 2008–2012

Under the Kyoto Protocol, 37 industrialized countries and the European


Community (the European Union-15, made up of 15 states at the time of the Kyoto
negotiations) commit themselves to binding targets for GHG emissions.

The targets apply to the four greenhouse gases carbon dioxide (CO2), methane
(CH4), nitrous oxide (N2O), sulphur hexafluoride (SF6), and two groups of gases,
hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs).

These reduction targets are in addition to the industrial gases,


chlorofluorocarbons, or CFCs, which are dealt with under the 1987 Montreal
Protocol on Substances that Deplete the Ozone Layer.

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Under the Protocol, only the Annex I Parties have committed themselves to
national or joint reduction targets (formally called "quantified emission
limitation and reduction objectives"

Parties to the Kyoto Protocol not listed in Annex I of the Convention (the non-
Annex I Parties) are mostly low-income developing countries may participate in
the Kyoto Protocol through the Clean Development Mechanism.

The emissions limitations of Annex I Parties varies between different Parties.

FLEXIBILITY MECHANISMS

The Protocol defines three "flexibility mechanisms" that can be used by Annex I
Parties in meeting their emission limitation commitments.

The flexibility mechanisms are International Emissions Trading (IET), the


Clean Development Mechanism (CDM), and Joint Implementation (JI).

IET allows Annex I Parties to "trade" their emissions (Assigned Amount Units,
AAUs)

INTERNATIONAL EMISSION TRADING

International Emissions Trading is a system where parties that have exceeded


their emission reduction commitments under the Kyoto Protocol may sell excess
“assigned amount units” (AAUs).

Other parties may meet their own emissions reductions by purchasing these AAUs
or offset credits from developing countries. The mechanism has resulted in several
national and regional trading schemes, including the European Union Emission
Trading Scheme (EU ETS).

CLEAN DEVELOPMENT MECHANISM

The Clean Development Mechanism (CDM) is a project-based transaction system


through which industrialized countries can accrue carbon credits. Unlike JI,
however, CDM credits are acquired by financing carbon-reduction projects in
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developing countries, making this mechanism the critical link between developed
and developing countries under Kyoto.

Such projects can earn saleable certified emission reduction (CER) credits, each
equivalent to one tonne of CO2, which can be counted towards meeting Kyoto
targets.

JOINT IMPLEMENTATION:

Joint Implementation (JI) allows emitters in developed countries (referred to as


Annex-I countries under the Kyoto Protocol) to purchase carbon credits via
“project-based” transactions (meaning from greenhouse gas-reduction projects)
implemented in either another developed country or in a country with an economy
in transition. Credits from these JI projects are referred to as Emission
Reduction Units (ERUs).

A JI project must provide a reduction in emissions by sources, or an


enhancement of removals by sinks, that is additional to what would otherwise
have occurred. Projects must have approval of the host Party and participants have
to be authorized to participate by a Party involved in the project.

Carbon offset credits originating from registered and approved CDM projects are
called Certified Emission Reductions (CERs). CERs and ERUs can also be sold
in the voluntary markets and CDM methodologies have influenced several offset
project standards in the voluntary carbon markets.

The emission reductions produced by the CDM and JI are both measured against a
hypothetical baseline of emissions that would have occurred in the absence of a
particular emission reduction project.

At the 16th Conference of the Parties (Cancum) held in 2010, Parties to the
UNFCCC agreed that future global warming should be limited below 2°C relative
to the pre-industrial temperature level.

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The Paris Agreement is an agreement within the United Nations Framework


Convention on Climate Change (UNFCCC), dealing with greenhouse-gas-
emissions mitigation, adaptation, and finance, starting in the year 2020. The
agreement's language was negotiated by representatives of 196 state parties at
the 21st Conference of the Parties near Paris, France, and adopted by consensus
on 12 December 2015.

As of September 2018, 195 UNFCCC members have signed the agreement, and
181 have become party to it.

The Paris Agreement's long-term goal is to keep the increase in global average
temperature to well below 2 °C above pre-industrial levels; and to limit the
increase to 1.5 °C, since this would substantially reduce the risks and effects of
climate change.

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Under the Paris Agreement, each country must determine, plan, and regularly
report on the contribution that it undertakes to mitigate global warming.

No mechanism forces a country to set a specific target by a specific date, but


each target should go beyond previously set targets.

• In June 2017, U.S. President Donald Trump announced his intention


to withdraw his country from the agreement.

INTENDED NATIONALLY DETERMINED CONTRIBITIONS:

Countries across the globe committed to create a new international climate


agreement by the conclusion of the U.N. Framework Convention on Climate
Change (UNFCCC) Conference of the Parties (COP21) in Paris in December 2015.

In preparation, countries have agreed to publicly outline what post-2020 climate


actions they intend to take under a new international agreement, known as
their Intended Nationally Determined Contributions (INDCs).

The INDCs will largely determine whether the world achieves an ambitious 2015
agreement and is put on a path toward a low-carbon, climate-resilient future.

INDIA:

India has submitted its Intended Nationally Determined Contribution (INDC) to


the United Nations Framework Convention on Climate Change.

India’s INDC centre around the country’s policies and programmes for:

• Sustainable Lifestyles - To put forward and further propagate a healthy and


sustainable way of living based on traditions and values of conservation and
moderation.

• Cleaner Economic Development - To adopt a climate friendly and a cleaner


path than the one followed hitherto by others at corresponding level of
economic development.

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• Reducing Emission intensity of Gross Domestic Product (GDP) - To


reduce the emissions intensity of its GDP by 33 to 35 percent by 2030 from
2005 level.

• Increasing the Share of Non Fossil Fuel Based Electricity - To achieve


about 40 percent cumulative electric power installed capacity from non-
fossil fuel based energy resources by 2030 with the help of transfer of
technology and low cost international finance including from Green Climate
Fund (GCF).

• Enhancing Carbon Sink (Forests) - To create an additional carbon sink of


2.5 to 3 billion tonnes of CO2 equivalent through additional forest and tree
cover by 2030.

• Adaptation - To better adapt to climate change by enhancing investments in


development programmes in sectors vulnerable to climate change,
particularly agriculture, water resources, Himalayan region, coastal regions,
health and disaster management.

• Mobilizing Finance - To mobilize domestic and new & additional funds


from developed countries to implement the above mitigation and adaptation
actions in view of the resource required and the resource gap.

• Technology Transfer and Capacity Building - To build capacities, create


domestic framework and international architecture for quick diffusion of
cutting edge climate technology in India and for joint collaborative R&D for
such future technologies.

At the Paris Conference in 2015 where the Agreement was negotiated, the
developed countries reaffirmed the commitment to mobilize $100 billion a
year in climate finance by 2020, and agreed to continue mobilizing finance at the
level of $100 billion a year until 2025.

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GREEN CLIMATE FUND

The Green Climate Fund (GCF) is a fund established within the framework of
the UNFCCC as an operating entity of the Financial Mechanism to assist
developing countries in adaptation and mitigation practices to counter climate
change.

The GCF is based in the Incheon, South Korea. It is governed by a Board of 24


members and supported by a Secretariat.

The objective of the Green Climate Fund is to "support projects, programmes,


policies and other activities in developing country Parties using thematic funding
windows".

It is intended that the Green Climate Fund be the centrepiece of efforts to


raise Climate Finance under the UNFCCC.

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The Fund has set itself a goal of raising $100 billion a year by 2020, which is not
an official figure for the size of the Fund itself.

Disputes also remain as to whether the funding target will be based on public
sources, or whether "leveraged" private finance will be counted towards the total.

PARTIES:

The agreement stated that it would enter into force (and thus become fully
effective) only if 55 countries that produce at least 55% of the world's
greenhouse gas emissions (according to a list produced in 2015) ratify, accept,
approve or accede to the agreement.

175 Parties (174 states and the European Union) signed the agreement on the first
date it was open for signature. On the same day, more than 20 countries issued a
statement of their intent to join as soon as possible with a view to joining in 2016.
With ratification by the European Union, the Agreement obtained enough parties
to enter into effect as of 4 November 2016.

UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION

The Convention, the only convention stemming from a direct recommendation of


the Rio Conference's Agenda 21, was adopted in Paris, France on 17 June 1994
and entered into force in December 1996.

It is the only internationally legally binding framework set up to address the


problem of desertification.

The Convention addresses specifically the arid, semi-arid and dry sub-humid
areas, known as the drylands, where some of the most vulnerable ecosystems and
peoples can be found.

The Convention’s 197 parties work together to improve the living conditions for
people in drylands, to maintain and restore land and soil productivity, and to
mitigate the effects of drought.

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The UNCCD is particularly committed to a bottom-up approach, encouraging


the participation of local people in combating desertification and land
degradation.

The UNCCD secretariat facilitates cooperation between developed and developing


countries, particularly around knowledge and technology transfer for sustainable
land management.

UNCCD collaborates closely with the other two Rio Conventions; the
Convention on Biological Diversity (CBD) and the United Nations Framework
Convention on Climate Change (UNFCCC), to meet these complex challenges
with an integrated approach and the best possible use of natural resources.

COMMITTEE ON SCIENCE AND TECHNOLOGY:

In line with Article 24 of the UNCCD, the Committee on Science and Technology
(CST) is established as a subsidiary body of the Conference of the Parties (COP) to

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provide it with information and advice on scientific and technological matters


relating to combating desertification and mitigating the effects of drought.

ORDOS DECLARATION:

15 September 2017 – Ordos, China – By the end of the 13th meeting of the
Parties to the United Nations Convention to Combat Desertification, 113 countries
had agreed to specify concrete targets with clear indicators, to rehabilitate more
land and reverse degradation, which currently affects over a third of the world’s
land resources.

At UNCCD COP13, countries also agreed on a new global roadmap to address


land degradation.

The new UNCCD 2018-2030 Strategic Framework is the most comprehensive


global commitment to achieve Land Degradation Neutrality (LDN) in order to
restore the productivity of vast swathes of degraded land, improve the livelihoods
of more than 1.3 billion people, and to reduce the impacts of drought on vulnerable
populations.

The Conference also witnessed the birth of the first global private sector fund
dedicated to implementing the SDGs.

• Known as the LAND DEGRADATION NEUTRALITY FUND, it will be


a source of transformative capital bringing together public and private
investors to fund projects to restore degraded lands, which come with
environment, economic and social benefits.

With an initial target size of USD 300 million fund capital, the LDN Fund is co-
promoted by Mirova, an affiliate of Natixis Global Asset Management that is
dedicated to socially responsible investment, and the Global Mechanism of the
UNCCD.

A separately-operated Technical Assistance Facility (TAF) will advise the Fund on


the development of promising sustainable land use activities in order to build a

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strong portfolio of projects.

THE GLOBAL LAND OUTLOOK, a new landmark publication unveiled at the


Conference spotlighted the urgency for swift action. It reported that 20 percent of
the world’s land has become degraded in just the last two decades.

THE UNCCD 2018-2030 STRATEGIC FRAMEWORK

Desertification/land degradation and drought (DLDD) are challenges of a global


dimension. They contribute to and aggravate economic, social and environmental
problems such as poverty, poor health, lack of food security, biodiversity loss,
water scarcity, reduced resilience to climate change and forced migration. They
continue to pose serious challenges to the sustainable development of all countries,
particularly affected countries.

Addressing DLDD will involve long-term integrated strategies that simultaneously


focus on the improved productivity of land and the rehabilitation, conservation and
sustainable management of land and water resources.

The strategy will contribute to

(i) achieving the objectives of the Convention and the 2030 Agenda for Sustainable
Development, in particular regarding Sustainable Development Goal (SDG) 15 and
target 15.3: “by 2030, combat desertification, restore degraded land and soil,
including land affected by desertification, drought and floods, and strive to
achieve a land degradation-neutral world” and other interrelated SDGs, within
the scope of the Convention;

(ii) improving the living conditions of affected populations; and

(iii) enhancing ecosystems services.

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VISION

A future that avoids, minimizes, and reverses desertification/land degradation and


mitigates the effects of drought in affected areas at all levels and strive to achieve a
land degradation-neutral world consistent with the 2030 Agenda for Sustainable
Development, within the scope of the Convention.

STRATEGIC OBJECTIVES

Strategic objective 1: To improve the condition of affected ecosystems, combat


desertification/land degradation, promote sustainable land management and
contribute to land degradation neutrality.

Strategic objective 2: To improve the living conditions of affected populations.

Strategic objective 3: To mitigate, adapt to, and manage the effects of drought in
order to enhance resilience of vulnerable populations and ecosystems.

Strategic objective 4: To generate global environmental benefits through effective


implementation of the UNCCD.

Strategic objective 5: To mobilize substantial and additional financial and non-


financial resources to support the implementation of the Convention by building
effective partnerships at global and national level.

IMPLEMENTATION

The Strategy will be implemented primarily through actions at national or


subregional levels, with the support of UNCCD institutions, partners and other
relevant stakeholders.

INDIA AND UNCCD

India became a signatory to UNCCD on 14th October 1994 and ratified it on 17th
December 1996. The Ministry of Environment, Forest and Climate Change is the
nodal Ministry in the Government of India for the UNCCD, and Desertification

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Cell is the nodal point within the Ministry to co-ordinate all issues pertaining to the
Convention.

Though India does not have a specific policy or legislative framework for
combating desertification as such, the concern for arresting and reversing land
degradation and desertification gets reflected in many of our national policies (for

e.g., National Water Policy 2012; National Forest Policy 1988; National
Agricultural Policy 2000; Forest (Conservation) Act 1980; Environment
(Protection) Act 1986; National Environmental Policy 2006; National Policy for
Farmers 2007;

National Rainfed Area Authority (NRAA)- 2007) which have enabling


provisions for addressing these problems.

• It is also implicit in the goals of sustainable forest management (SFM),


sustainable agriculture, sustainable land management (SLM) and the
overarching goal of sustainable development which the country has been
pursuing.

The subject has in fact been engaging the attention of our planners and policy
makers since the inception of planning. The first five year plan (1951-1956) had
‘land rehabilitation’ as one of the thrust areas. In the subsequent plans too, high
priority has been consistently attached to development of the drylands.

INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE

The Intergovernmental Panel on Climate Change (IPCC) is a scientific


and intergovernmental body under the auspices of the United Nations, set up
at the request of member governments, dedicated to the task of providing the world
with an objective, scientific view of climate change and its political and economic
impacts.

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It was first established in 1988 by two United Nations organizations, the World
Meteorological Organization (WMO) and the United Nations Environment
Programme (UNEP), and later endorsed by the United Nations General
Assembly through Resolution 43/53.

The IPCC produces reports that support the United Nations Framework
Convention on Climate Change (UNFCCC), which is the main international treaty
on climate change.

IPCC reports cover "the scientific, technical and socio-economic information


relevant to understanding the scientific basis of risk of human-induced
climate change, its potential impacts and options
for adaptation and mitigation."

The IPCC does not carry out its own original research, nor does it do the work
of monitoring climate or related phenomena itself.

The IPCC bases its assessment on the published literature, which includes peer-
reviewed and non-peer-reviewed sources.

Thousands of scientists and other experts contribute (on a voluntary basis, without
payment from the IPCC) to writing and reviewing reports, which are then reviewed
by governments.

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MONTREAL PROTOCOL

The Montreal Protocol on Substances that Deplete the Ozone Layer (a protocol
to the Vienna Convention for the Protection of the Ozone Layer) is an
international treaty designed to protect the ozone layer by phasing out the
production of numerous substances that are responsible for ozone depletion.

It was agreed on 26 August 1987, and entered into force on 26 August 1989.

Climate projections indicate that the ozone layer will return to 1980 levels between
2050 and 2070.

What is Montreal Protocol?

It seeks to cut the production and consumption of ozone depleting substances


(ODS) in order to protect the earth’s fragile ozone layer.

It also aims at phase out HCFCs by 2030.

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It came into force in 1989 and has been ratified by 197 parties making it
universally ratified protocol in UN history.

It is also highly successful international arrangement, as it has phased-out


more than 95% of the ODS so far as per its main mandate in less than 30 years
of its existence.

What is happening under this?

Under the Montreal Protocol, the accelerated phase out of


Hydrochlorofluorocarbons (HCFCs) is underway with an aim to complete phase
out by 2030 of these chemicals that result in ozone depletion and aid global
warming.

At present, HCFCs are used in various sectors like refrigeration and air
conditioning (RAC), polyurethane foam manufacturing and cold chains sectors etc.
These sectors are directly related to urban development, agriculture through cold
chain, and industrial development.

Developed countries led by the US have been lobbying for the inclusion of HFCs
within the MP. But this was opposed by developing countries led by India. The
latter wanted HFCs to be governed by the Kyoto Protocol, which embodies the
principle of “common but differentiated responsibility” (CBDR) unlike the MP
which holds developed and developing countries equally responsible for
elimination of banned chemicals.

However, India has recently reversed her stand and agreed bring HFCs within MP.
This would have the following implications:

1. Given the absence of CBDR principle from the framework of MP, India will
be subject to a targeted and time-bound action on phasing out of HFCs.

2. India’s refrigeration sector is likely to be adversely impacted as HFCs were


its mainstay. They will now have to find an alternative (expensive)
technology that too within a short time. Increase in the cost of production
will directly increase prices for consumers.

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3. The next generation refrigerants are costly and patent protected by


developed countries. Thus cost of this technology transition for India can be
expensive.

In order to reduce their undesirable impacts, India has to make a case for full
compensation for India and other developing countries for the cost of technology
transition and a longer time frame for this transition.

What India has decided?

India has decided to eliminate use of HFC-23, a greenhouse gas (GHG) that harms
the ozone layer by 2030.

• Indian companies will not be compensated for the costs involved in ensuring
that these gases are not released.

• This move is considered as a major break away from the concept of financial
assistance for every action on environment in which India earlier had shown
the lead

What is Kigali Amendment?

• It amends the 1987 Montreal Protocol

• It aims to phase out Hydrofluorocarbons (HFCs), a family of potent


greenhouse gases by the late 2040s

• Under Kigali Amendment, in all 197 countries, including India have agreed
to a timeline to reduce the use of HFCs by roughly 85% of their baselines by
2045.

What is significance of the Kigali Amendment?

• The Kigali Amendment amends the 1987 Montreal Protocol that was
designed to close growing ozone hole in by banning ozone-depleting
coolants like chlorofluorocarbons (CFCs).

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• Thus, amended Montreal Protocol which was initially conceived only to


plug gases that were destroying the ozone layer now includes HFCs
responsible for global warming.

• This move will help to prevent a potential 0.5 degree Celsius rise in global
temperature by the end of the century.

• The Kigali Agreement or amended Montreal Protocol for HFCs reduction


will be binding on countries from 2019.

• It also has provisions for penalties for non-compliance.

• Under it, developed countries will also provide enhanced funding


support estimated at billions of dollars globally. The exact amount of
additional funding from developed countries will be agreed at the next
Meeting of the Parties in Montreal in 2017.

Different timelines under Kigali Amendment

• All signatory countries have been divided into three groups with different
timelines to go about reductions of HFCs.

• First group: It includes richest countries like US and those in European


Union (EU). They will freeze production and consumption of HFCs by
2018. They will reduce them to about 15% of 2012 levels by 2036.

• Second group: It includes countries like China, Brazil and all of Africa etc.
They will freeze HFC use by 2024 and cut it to 20% of 2021 levels by 2045.

• Third group: It includes countries India, Pakistan, Pakistan, Iran, Saudi


Arabia etc. They will be freezing HFC use by 2028 and reducing it to about
15% of 2025 levels by 2047.

How it is different from Paris agreement?

The Paris agreement which will come into force by 2020 is not legally binding on
countries to cut their emissions. The Kigali Amendment is considered absolutely

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vital for reaching the Paris Agreement target of keeping global temperature rise to
below 2-degree Celsius compared to pre-industrial times.

NOTE: HFCs (Hydrofluorocarbons) are not Ozone Depleting Substances but still
they are included in Montreal Protocol via Kigali Agreement because they are
potent global warming substances.

VIENNA CONVENTION

The Vienna Convention for the Protection of the Ozone Layer is a Multilateral
Environmental Agreement.

It was agreed upon at the Vienna Conference of 1985 and entered into force in
1988. In terms of universality, it is one of the most successful treaties of all time,

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having been ratified by 197 states (all United Nations members as well as the Holy
See, Niue and the Cook Islands) as well as the European Union.

It acts as a framework for the international efforts to protect the ozone layer.

However, it does not include legally binding reduction goals for the use of CFCs,
the main chemical agents causing ozone depletion.

These are laid out in the accompanying Montreal Protocol. One of the outcomes
of the Vienna Convention was the creation of a panel of governmental
atmospheric experts known as the Meeting of Ozone Research Managers,
which assesses ozone depletion and climate change research and produces a
report for the Conference of Parties (COP).

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