ENB on the side
published by IISD, the International Institute for Sustainable Development
in cooperation with the Climate Change Secretariat

Special Report on Selected Side Events at UNFCCC COP-10

6 - 17 December 2004 | Buenos Aires, Argentina

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13 December 2004

14 December 2004

15 December 2004

16 December 2004

17 December 2004

Brief Analysis



Events convened on Thursday, 9 December 2004

Voice of non-governmental organizations 

Presented by Climate Action Network (CAN) International

Sanjay Vashist, CAN International, and Yuri Onodera, Friends of the Earth-Japan, reviewed selected Annex I and non-Annex I countries’ performances in addressing climate change. They noted that the EU ranked first as a result of, inter alia, its leadership in international climate negotiations and its climate strategy, which includes the Emissions Trading Scheme.

Bill Hare, Greenpeace International, described the impacts of climate change and anticipated changes in the climate system. He said different types of risk call for different measures, noting that adaptation measures help communities to cope with risk that cannot be foreseen and addressed through mitigation measures. He highlighted the projected impacts of different levels of warming on various ecosystems, the ice cover, sea levels and people, emphasizing that millions of people are at risk of malaria, water shortage and hunger as a result of climate change. Hare concluded that a 2°C warming represents the level above which millions of people and ecosystems are at greater risk than at lower temperatures. He stressed the need for urgent action and policies, noting that, if climate change occurs as rapidly as predicted, the greatest threats will be to poor people in developing countries.

Sanjay Vashist, CAN International, and Yuri Onodera, Friends of the Earth-Japan, reviewed past performances of selected countries in addressing climate change. For Annex I countries, Vashist said criteria for assessment included: a leadership role in international climate negotiations; emission trends and target fulfillment; domestic policies; funding commitments; and stated long-term targets and initiatives to achieve them. On this basis, he

Noting that voluntary measures have not proven efficient so far, Jennifer Morgan, WWF International, stressed the need for legally binding targets and measures, and underscored the role of developed countries in providing assistance and resources to address climate change.

ranked the performance of the US, Australia, Russia, Japan and the EU, with the EU ranking first and the US fifth. For non-Annex I countries, Onodera said criteria included: convention commitments; the status of National Communications; sustainable development policies; emissions trends and forecast; and their role in international negotiations. He outlined the reasons why South Africa, Mexico and China all ranked second, while India and Brazil ranked first.

Jennifer Morgan, World Wildlife Fund for Nature (WWF) International, presented options for a viable global policy framework to address climate change, noting that its basic principles would include equity, the historical responsibility of industrialized countries, ability to pay and capacity to act, and the provision of resources by industrialized countries. She outlined a three-track framework, including a greening/decarbonisation track for developing countries, an adaptation track for most vulnerable countries, and a Kyoto Protocol track. Morgan explained criteria for moving from one track to the other, highlighting the level of effort in addressing climate change, and stressed the need for legally binding targets and measures.

Discussion: Participants considered, inter alia, the possible role of financial institutions and the need for a new financial framework, the costs of

adaptation, and the capacity of countries to benefit from the Clean Development Mechanism (CDM). It was noted that a shift in values is needed to set up the necessary framework, as well as large-scale commitment from the public and linkages with other issues, such as desertification, deforestation, disaster relief, and the energy component of the Commission on Sustainable Development process.

Outcome of the workshop on the preparation of the fourth national communications by Annex I Parties

Presented by the UNFCCC Secretariat

Harald Diaz-Bone, UNFCCC Secretariat, noted that the guidelines indicate policies and measures to be reported, including those with the most significant effects on GHG mitigation, innovative policies that can be effectively replicated by other parties, and policies that are planned, adopted and implemented.

Daniela Stoycheva, UNFCCC Subsidiary Body for Implementation, introduced the workshop on the preparation of the fourth national communications by Annex I Parties held in Dublin, Ireland, from 30 September to 1 October 2004. She noted that the workshop aimed to strengthen Parties’ capacity to prepare consistent and comparable information for their communications.

Vitaly Matsarski, UNFCCC Secretariat, said the workshop addressed problems encountered in the preparation of previous communications, and identified the need to increase the transparency and comparability of national communications.

Harald Diaz-Bone, UNFCCC Secretariat, presented guidelines for reporting information in national communications, highlighting national circumstances, GHG emissions inventories, policies and measures, and projections reflecting policies’ total effect as key elements of the communications. He stressed the importance of consistency in national communications, and noted that Parties should report policies with the

most significant effects on GHG mitigation, those that may be effectively replicated by other Parties, and those that are planned, adopted and implemented. Diaz-Bone said projections of future trends in GHG emissions should reflect two scenarios, one including policies’ mitigation effects and one without.

Katia Simeonova, UNFCCC Secretariat, stressed the need to include the effects of the main drivers of GHG emission trends in national communications. She called for concise, complete and transparent reporting, and said Parties should use consistent timelines when estimating policy effects, base estimates of policies’ contribution to mitigation on robust baselines, and include cost estimates. She stressed the need to fully explain methodology, assumptions and key drivers.

Discussion: Participants considered the range of policies that should be included in national communications. Simeonova indicated that data reporting methods of international organizations may provide a useful model and encourage consistency in national communications.

Global Greenhouse Gas Register: Results and new challenges

Presented by the World Economic Forum (WEF)

Bruno Vanderborght, Holcim, said current CDM regulations are unacceptable to his company because they are too detached from business realities.

Robert Casamento, Global Greenhouse Gas Register, presented results and new challenges of the Global Greenhouse Gas Register, a public-private partnership initiated by the WEF. He outlined its main areas of activity, namely disclosure of corporate GHG inventories, provision of a forum for dialogue, and facilitation of the recognition of member companies. He said the register would encourage greater corporate participation and contribute to the understanding of GHG reduction projects among corporate members.

Bruno Vanderborght, Holcim, spoke on GHG reporting and value creation. He lamented the “no pain, no gain” mindset within the CDM process, which he said resulted in CDM regulations that are disconnected from reality. Noting that his company had developed three CDM projects that were not approved, he said Holcim will stop participating in the CDM as long as the rules are not changed. He noted that current regulations force project developers to distort facts when writing CDM Project Design Documents. He emphasized that Holcim was committed to developing

CDM projects based on clean energy and creating value.

John Eyles, Alcoa, said his aluminum producing company joined the WEF registry to show its commitment to sustainability. He noted that, from 2005 onwards, Alcoa will implement a management information system that reports GHG emissions of core areas on a monthly basis.

Laurent Corbier, World Business Council for Sustainable Development (WBCSD), outlined WBCSD’s reasons for supporting the WEF registry, including its integrated stakeholder participatory process, opportunities for member companies to become more visible, facilitation of a sectoral approach, and further involvement of individual companies.
More information:


Robert Casamento <rcasamento@deloitte.co.uk>
Bruno Vanderborght <bruno.vanderborght@holcim.com>
John Eyles <john.eyles@alcoa.com.au>
Laurent Corbier <corbier@wbcsd.org>

Climate change projection by the Earth Simulator and related research outcomes

Presented by the Government of Japan

Hiroki Kondo, FRCG/JAMSTEC, said simulations indicate that the frequency of tropical cyclones would decrease by 20% globally by the end of the 21st Century, but their intensity would increase.

Toru Shigetomi, Japan Agency for Marine-Earth Science and Technology (JAMSTEC), outlined Japanese research efforts regarding global warming focusing on climate change projection by the computer Earth Simulator.

Hiroki Kondo, Frontier Research Center for Global Change of Japan/JAMSTEC, said Japanese research relied on different global and regional climate models, and comprised several global warming simulations, modeling of regional extreme weather events and development of a model that reflects the feedback effects of climate change on GHG concentrations. He said the results will contribute to the fourth assessment report of the IPCC.

Yoshiaki Nishimura, Central Research Institute of Electric Power Industry of Japan, emphasized that the Japanese climate research assists in defining the level to which GHG emissions should be stabilized in order to avoid dangerous anthropogenic interference.

Matthew Collins, Hadley Center, outlined collaboration between Japanese and British climate scientists, and elaborated on recent climate change research in the UK.

Jose Marengo, Center for Weather Forecasts and Climate Studies of Brazil, indicated that, although historically hurricanes have not been known to occur in the South Atlantic, “Catarina,” a tropical cyclone or hurricane, affected Southern Brazil in March 2004, inflicting heavy damage. He questioned whether this was an early manifestation of the “surprise weather” caused by climate change.

Shuzo Nishioka, National Institute for Environmental Studies of Japan, highlighted nationwide studies in Japan, demonstrating that global warming has significant impacts on various industries, ecosystems and human life. He emphasized that avoiding a temperature rise of 2°C would require strict GHG emission controls.


Toru Shigetomi <shigetomit@jamstec.go.jp>
Hiroki Kondo <hkondo@jamstec.go.jp>
Yoshiaki Nishimura <yohnish@criepi.denken.or.jp>
Matthew Collins <matthew.collins@metoffice.gov.uk>
Jose Marengo <marengo@cptec.ime.br
Shuzo Nishioka <snishiok@nies.go.jp>

Article 6 of the UNFCCC: Development of a clearing house

Presented by the UNFCCC Secretariat

David Paterson, UNFCCC Secretariat, discussed various systems for ranking information, and explained how they affect database search capabilities.

Laurence Pollier, UNFCCC Secretariat, discussed the Secretariat’s mandate to develop an information clearing house related to UNFCCC Article 6 in order to facilitate access to information and enhance partnerships among stakeholders. She said the criteria for selecting a host organization include its level of expertise, links to the climate negotiations process and ability to promote the clearing house.

David Paterson, UNFCCC Secretariat, presented a revised version of a model providing an example of how a clearing house can be integrated with the UNFCCC website. He demonstrated a number of technical improvements aimed at enhancing search functions and allowing for the integration of multiple languages. Paterson said the submission of information would be user friendly and would not require high levels of computer expertise.

Discussion: In response to questions from participants, Pollier stressed that a clearing house does not exist yet, that the model merely

demonstrates a design option, and that the present UNFCCC website’s content management system would need to be adapted to accommodate a clearing house. Paterson clarified that submitted information would be stored until an administrator examines and publishes it. One participant drew attention to a long-standing clearing house created by the International Confederation of Free Trade Unions. Several participants asked whether business, NGOs and other stakeholders can submit information, and Pollier said this issue needs to be considered by Parties. Other participants expressed concerns with property rights, mechanisms for updating information, funding for the clearing house, and control of the quality of information. Pollier noted that funding would be on a voluntary basis, and said US$280 thousand was needed.

More information:

(user: cop10; password: cop10)

Laurence Pollier <lpollier@unfccc.int>
David Paterson <dpaterson@unfccc.int>

Sustainable development policies and measures for climate protection

Presented by the World Resources Institute (WRI)

José Roberto Moreira, CENBIO National Center of Biomass, described how increases in ethanol generation has resulted in job creation in Brazil.

Rob Bradley, WRI, noted that while the participation of developing countries in the climate regime is essential, they have other priorities. He stressed the need for sustainable development polices and measures (SD-PAMS) that incorporate climate priorities in strategies for sustainable development.

Tim Herzog, WRI, introduced the Climate Analysis Indicators Tool (CAIT), which consists of a package of indicators relevant to climate change, including inventories of GHG emissions by country, sector, gas and year. He explained how the CAIT can be used to analyze data on GHG emissions.

José Roberto Moreira, CENBIO National Center of Biomass, identified key factors in the successful diffusion of ethanol use in Brazil, including: achievement of energy security; availability of lands for sugar cultivation; appropriate business climate; job creation benefits; and low labor costs.

Wei-Shiuen Ng, EMBARQ/WRI Center for Transport and the Envrionment, introduced a case study measuring the impact of advanced technology on transport energy use in China. She indicated that the transport sector was responsible for 32.8% of total energy consumption in 2000, an amount that is predicted to increase to 87.3% by 2030. She noted that the case study aims to investigate two scenarios, where technologies including hybrids, compressed natural gas and electric cars achieve different levels of market penetration.

Bradley presented a study on the provision of electricity in India, noting that 700 million Indians do not have access to reliable electricity. He stressed that the expansion of India’s power sector represents a window of opportunity to generate a development leap in electricity provision, without increasing coal dependency.

Stanford Mwakasonda, University of Cape Town, outlined a study on carbon capture and storage in South Africa, noting that the country is the largest GHG emitter in Africa due to the size of its economy and reliance on coal for 93% of electricity generation. He indicated that 12% of South Africa’s total carbon dioxide emissions could be captured, transported and stored for US$70/ton carbon dioxide. He said carbon capture delivers low sustainable development benefits to local communities.

Discussion: Participants expressed concern regarding the case studies’ emphasis on the resource aspect of development at the cost of the social aspect, suggested that a more participatory research process could better reveal social priorities, and urged the inclusion of a broader sustainable development agenda in the studies.


Rob Bradley <rbradley@wri.org>
Tim Herzog <therzog@wri.org>
Wei-Shiuen Ng <wng@wri.org>
José Roberto Moreira <bun2@tsp.com.br>
Stanford Mwakasonda <stanford@energetic.uct.ac.za>

Business perspectives on a long-term international policy approach

Presented by the International Chamber of Commerce (ICC)

José Romero, Swiss Agency for the Environment, Forests and Landscape, said the paper presented by the ICC shows that business is a socially responsible actor.

Norine Kennedy, US Council for International Business, said the ICC represents over 7000 member companies from around the world and that their paper on long-term international climate policy was drafted through a democratic consensus-building process.

Brian Flannery, Exxon Mobil Corporation, emphasized that the challenge is to meet the rising demand for energy, while responding to climate change concerns and regulations. He said the Kyoto Protocol provides certainty for upcoming negotiations regarding the post 2012 period, but uncertainty regarding the process to come.

Masayuki Sasanouchi, Toyota Motor Corporation, outlined the challenges, which negotiators will face when discussing the second commitment period, and stressed the importance of new technologies for addressing the foreseen emissions growth in developing countries.

Nick Campbell, ICC, highlighted the need for universal participation in the

climate regime and the role of technology, and questioned whether the current scheme will deliver long-term benefits. He said the ICC encourages voluntary actions and promotes global participation, market incentives, and scientific research for new energy technologies.

Drew Clarke, Australian Department of Industry, Tourism and Resources, commented on the paper by identifying three main issues: recognition of the climate change problem; the need to involve all Parties; and the major role of technology in addressing climate change.

José Romero, Swiss Agency for the Environment, Forests and Landscape, commended the business sector for supporting and contributing to the UNFCCC process. He said a vision and a clear framework for business are needed.

Hiroshi Yamagata, Japan’s Ministry of Economy, Trade and Industry, listed difficulties in designing research and development programmes that are successful in the long term. He stressed the importance of incentives, and called for changes to the CDM process to make it more attractive.

Harlan Watson, US Department of State, concurred with the paper’s emphasis on technology, voluntary actions and market solutions.

Discussion: Several participants expressed disappointment with the ICC paper, lamenting what they described as vague and undermining language, the failure to accept legally binding caps, and the ignorance of renewable energy technologies.

More information:


Norine Kennedy <nkennedy@uscib.org>
Brian Flannery <brian.p.flannery@exxonmobil.com>
Masayuki Sasanouchi <masayuki_sasanouchi@mail.toyota.co.jp>
Nick Campbell <nick.campbell@arkemagroup.com>
Drew Clarke <drew.clarke@industry.gov.au>
José Romero <jose.romero@buwal.admin.ch>
Hiroshi Yamagata <yamagata-hiroshi@meti.go.jp

Dispute settlement in flexible mechanism contracts

Presented by the Permanent Court of Arbitration (PCA)

Stefan Raubenheimer emphasized that the parties to an emissions reduction purchase agreement must carefully choose the law applicable to the substance of the contract and possible arbitration proceedings.

Dane Ratliff, PCA, indicated that CDM projects could give rise to disputes involving only States, or disputes involving States and private parties. He highlighted the benefits of arbitration in solving disputes concerning flexibility mechanism contracts, and said some bilateral investment treaties provide arbitration clauses for CDM projects’ investors.

Werner Grau Nero, Pinhero Neto Advogados, noted that the Brazilian CDM process is complicated by the slow approval process and uncertainties concerning sustainability criteria. He indicated that the judicial system is inefficient, and emphasized arbitration as the best dispute settlement method for Brazilian CDM projects.

Stefan Raubenheimer, SouthSouthNorth, said CDM contracts are often drafted by Northern buyers, and highlighted the importance of educating Southern participants about best dispute settlement methods. He said defining the contribution of a CDM project to sustainable development is a complicated task in which discretion

belongs to the Designated National Authority (DNA). He said this presents a risk to private parties, since it could lead to a judicial review of the DNA’s administrative decision.

Chester Brown, Clifford Chance, listed sovereign immunity and inconsistencies in legal remedies as current uncertainties surrounding the EU’s Emissions Trading Scheme, and said the legal characterization of the emission allowances affects their treatment under tax and insolvency laws. He noted that there are three model contracts that entail different legal consequences when a party fails to deliver the contracted emission reductions. He stressed arbitration as the best dispute settlement option, said parties to a contract must choose between ad hoc or institutional arbitration, and outlined the enforcement of arbitral awards.

Discussion: Participants questioned the competence of the CDM Executive Board to impose conditions on the Letter of Approval other than those specified in the Marrakesh Accords. Ratliff noted that the legal responsibility of an Annex I Party authorizing a private entity to participate in a CDM project is an open question, likely to be dealt with through national courts. Participants highlighted the interests of local communities in CDM projects, and said the issue merits special attention. Ratliff said the withdrawal of a host country from the Kyoto Protocol would not necessarily mean that CDM projects in that country would cease realizing Certified Emission Reductions.


Dane Ratliff <dratliff@pca-cpa.org>
Werner Grau Neto <wernergrau@pinheironeto.com.br>
Stefan Raubenheimer <stef@southsouthnorth.org>
Chester Brown <chester.brown@cliffordchance.com>

Watch the UNFCCC webcast of Side Events




The Earth Negotiations Bulletin on the side (ENBOTS) © <enb@iisd.org> is a special publication of the International Institute for Sustainable Development (IISD) in cooperation with the United Nations Framework Convention on Climate Change (UNFCCC) Secretariat. This issue has been written by Rado Dimitrov, Ph.D., Catherine Ganzleben, D.Phil., Kati Kulovesi, Charlotte Salpin, and Christoph Sutter, Ph.D. The photographer is Leila Mead. The Digital Editor is Diego Noguera. The Director of IISD Reporting Services is Langston James “Kimo” Goree VI <kimo@iisd.org>. Funding for the publication of ENBOTS at UNFCCC COP-10 is provided by the UNFCCC Secretariat. The opinions expressed in ENBOTS are those of the authors and do not necessarily reflect the views of IISD and funders. Excerpts from ENBOTS may be used in non-commercial publications only with appropriate academic citation. For permission to use this material in commercial publications, contact the Director of IISD Reporting Services at <kimo@iisd.org>. Electronic versions of issues of ENBOTS from COP-10 can be found on the Linkages website at http://enb.iisd.org/climate/cop10/enbots/. The ENBOTS Team at COP-10 can be contacted at Pabell�n 9 and by e-mail at <charlotte@iisd.org>.





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