The framework convention on climate change and the Kyoto Protocol         (Part a)

Report of the Senate Environment, Communications, Information Technology and the Arts References Committee
The Heat Is On: Australia's Greenhouse Future
Table of Contents

Chapter 3

The framework convention on climate change and the Kyoto Protocol         (Part a)

[The Kyoto Protocol] established a single measure of environmental performance – a measure to drive economic and industry performance, to be a trigger for innovation and perhaps to be a catalyst for a new brand of knowledge economy. [1]

The Framework Convention on Climate Change [2]

Early developments in the climate change negotiation process

3.1 In 1979, the First World Climate Conference [3] recognised climate change as a serious problem. Following discussions on the possible effects of climate change on human activities, this scientific gathering issued a declaration calling on the world's governments `to foresee and prevent potential man-made changes in climate that might be adverse to the well-being of humanity'. The Conference also endorsed plans to establish a World Climate Programme (WCP) under the joint responsibility of the World Meteorological Organization (WMO), the United Nations Environment Programme (UNEP), and the International Council of Scientific Unions (ICSU).

3.2 A number of intergovernmental conferences, focusing on climate change, were held in the late 1980s and early 1990s. [4] Together with mounting scientific evidence, these conferences helped to air international concern about the issue. Stakeholders included government policy-makers, scientists, and environmentalists. The meetings addressed both scientific and policy issues and called for global action.

3.3 At the `Conference on the Changing Atmosphere' in Toronto in 1988, the UN General Assembly took up the issue of climate change for the first time and governments representing industrialised countries voluntarily pledged to cut CO2 emissions by 20 per cent by the year 2005 (the so-called `Toronto target'). [5]

3.4 As a result of this meeting, in 1988, the WMO and UNEP established the Intergovernmental Panel on Climate Change (IPCC). Further discussion on the IPCC and the findings of its assessment reports is found in chapter 2.

3.5 In 1990 the IPCC's First Assessment Report was published and confirmed scientific evidence supporting the presence of substantial human induced climate change. It further claimed that 60 to 80 per cent cuts in CO2 emissions over the next few hundred years would be needed to stabilise the growing concentration of greenhouse gases in the atmosphere. It had a catalytic effect on both policy-makers and the general public and provided the basis for negotiations on a framework convention on climate change and recommended that negotiations should be launched for the development of a global climate agreement. [6]

3.6 The UN General Assembly opened negotiations on the United Nations Framework Convention on Climate Change (UNFCCC) and established an Intergovernmental Negotiating Committee (INC) with a mandate to develop the Convention. [7]

3.7 The Second World Climate Conference in 1990, also supported the call for a framework convention on climate change. Sponsored by WMO, UNEP and other international organisations, this key conference featured negotiations and ministerial-level discussions among 137 states plus members of the European Community. The final declaration supported a number of principles later included in the UNFCCC. These principles included:

3.8 The INC met for the first time in February 1991 to develop the UNFCCC. In May that year final negotiations concluded and, as a first step towards addressing the issue, industrialised countries agreed to bring their CO2 emissions back to 1990 levels by the year 2000. However, the emissions commitments in the UNFCCC were not to be legally binding. [9]

3.9 On 9 May 1992, the UNFCCC was adopted in New York by the INC and opened for signature at the 1992 Rio Earth Summit in Brazil.

3.10 Article 2 of the UNFCCC states that its objective is to achieve:

3.11 The UNFCCC contained no firm or binding commitments on emissions levels, but did lay down some general principles and objectives which would shape the negotiations leading up to the Kyoto Summit in 1997. It specified that:

3.12 Parties to the UNFCCC committed themselves to:

3.13 In addition, the Parties agreed to take climate change into account in their relevant social, economic, and environmental policies; cooperate in scientific, technical, and educational matters; and promote education, public awareness, and the exchange of information related to climate change. [13]

3.14 The Annex I Parties were required to describe the adopted policies and measures designed to work towards returning greenhouse gas emissions to 1990 levels by the year 2000. They were also required to give projections through to the year 2000 of how their policies will affect emissions and sinks. These projections were to be subjected to a regular review process. A team of experts from developed and developing countries, and from international organisations, was to be assembled for each review by the Convention's Secretariat. However, the negotiations of the Kyoto Protocol in 1997 have superseded these objectives with individualised targets for each Annex 1 country to be met on average over the first commitment period, from 2008 to 2012, with 1990 as the base year.

3.15 The sharing of information by governments is central to the working of the UNFCCC. The Convention requires its members to submit `national communications' to the Conference of the Parties (CoP) [14] on a regular basis. This information, about national greenhouse gas emissions, international cooperation, and national activities, is reviewed periodically so that the Parties can track the Convention's effectiveness and draw lessons for future national and global action. The first communications were submitted in September 1994 by Annex I Parties.

3.16 In December 1992, Australia became the ninth country to ratify the Convention. By 21 March 1994, the UNFCCC entered into force having received the required 50 ratifications. [15]

3.17 A watershed was reached at the Berlin Conference of the Parties (CoP 1, the Berlin `Climate Summit'), held in 1995, when a large group of developing countries stated that the UNFCCC commitments were inadequate and called for industrialised nations to accept binding emissions reductions. The Parties agreed to the `Berlin Mandate' to develop a Protocol or other legal instrument by the time of the Third Conference of the Parties (CoP 3), which was to have contained binding reductions within specified time frames extending beyond 2000 to 2005, 2010 and 2020. [16] The Berlin Mandate also stated that the negotiating process would not introduce any new commitments for the developing countries. The Mandate recognised that the share of global emissions from developing countries will need to grow to meet their social and development needs. [17]

3.18 In December 1995, the IPCC produced the Second Assessment Report on the science of climate change. The Report was written and reviewed by some 2,000 scientists and experts world-wide. Its findings underlined the need for strong policy action and concluded that `the balance of evidence suggests that there is a discernible human influence on global climate. [18] Further details of the findings of the Second Report is included in chapter 2.

3.19 The IPCC Third Assessment Report is due to be completed in 2001. The IPCC will produce a series of technical papers and special reports before the Third Assessment Report is published. Likely outcomes are discussed in chapter 2 of this report.

3.20 The Second Conference of the Parties (CoP 2), in July 1996, achieved little direct progress on CO2 emissions reduction targets. However, with the support of the US, the majority of Ministers present at the meeting signed the `Geneva Declaration'. The Declaration stated that:

The Kyoto Protocol

The negotiations

3.21 In December 1997, the Conference of the Parties (CoP 3) adopted the Kyoto Protocol, the culmination of 30 months of negotiations. The Parties finally accepted legally binding greenhouse gas emissions commitments for all Annex I countries and outlined specific new policies and measures which could be used to meet them.

3.22 The 1997 Kyoto Conference agreed upon the six types of emissions [20] for which emissions targets were to be set; established multi-year budget periods to accommodate sudden shifts in the economies of Parties; assigned a series of differentiated targets for nations and groups of nations; and went some way to defining an acceptable definition of sinks. Most nations agreed to a reduction of emissions during the first five year `commitment period' from 2008 to 2012, and in relation to 1990 as the base year.

3.23 In Kyoto, the European Union (EU) `bubble' (emissions from a group of countries [21]) agreed to reduce emissions to 92 per cent of 1990 levels, the US 93 per cent, Japan 94 per cent, and Canada 94 per cent. New Zealand was allowed an increase to 101 per cent and Australia 108 per cent of their 1990 emissions levels. The overall aggregate effect of the Protocol, across all countries with targets, is a reduction of 5.2 per cent globally by 2010 in comparison with 1990 levels. [22]

3.24 However, the figures need to be considered in relation to the changing emissions levels across nations through the 1990s. EU emissions were just below 1990 levels, the rest of the OECD countries had increased emissions by 6 to 10 per cent and the former `Eastern bloc' countries saw falls of between 15 and 50 per cent. Thus, the overall effect of the UNFCCC Annex I countries' commitments at Kyoto, if met, would only be to stabilise the level of developed country emissions at 1990 levels, and would have little impact upon developing country emissions. [23]

3.25 By themselves, the Kyoto commitments will make little impact upon future global warming and represent only a first step in stabilising global concentrations of CO2. It has been estimated that the agreed reductions in emissions will hold back global temperature increase on average between 4 to 14 per cent by the end of the century, that is, by between 0.08ºC and 0.3ºC. These figures can be compared with a rise, from 1860 to 1998, of global surface temperatures of 0.6ºC, and IPCC mid-range projections of an additional increase of 2.0ºC by 2100. The projected impact on sea-level rise is similarly modest, with a reduction in the anticipated rise of only one centimetre by mid-century and a few centimetres by the end of the century. [24] Sea levels have risen between 10 to 25 cm since the end of the 19th century and mid-range IPCC projections suggest a further rise of 50 cm by 2100. [25]

3.26 According to the Prime Minister's Science, Engineering and Innovation Council (PMSEIC) the Kyoto Protocol `was a watershed in the global greenhouse debate', [26] bridged an important threshold in negotiations and created a new framework and machinery for future abatement action:

3.27 Optimists look to the second commitment period, after 2012, to achieve the restructuring of national energy economies with the introduction of new technologies, infrastructure and industries. There is also an expectation that developed country actions, serving as a positive example, will help draw developing nations into future commitments to emissions reduction. [28] However, uncertainty has been created by the reluctance of the US Congress to ratify the Protocol and the slow progress in drawing developing nations into the commitment process. [29]

3.28 The Protocol was opened for signature in March 1998 and, as at 13 January 2000, it has received 84 signatures. Details may be found in appendix 4.

Other features of the Kyoto Protocol

3.29 Countries have a degree of flexibility in how they make and measure their emissions reductions. Joint fulfilment, or `bubble' agreements between developed countries are encouraged (Article 4). [30]

3.30 The Kyoto Protocol also establishes three innovative `flexibility mechanisms' designed to assist developed nations meet their targets. These include:

3.31 These proposals have created definitional and operational issues yet to be resolved and were the subject of controversy during the Protocol negotiations. All three mechanisms raised issues of:

3.32 The mechanisms were promoted strongly by the US and other OECD countries, and treated as the object of suspicion by the EU, China, India and other G77 States. The Parties have agreed to defer their more detailed negotiations and the design of these mechanisms to later meetings. [37]

3.33 In addition to the development of the above measures, the Parties are bound to develop the compliance system outlined in the Protocol. Further work is also required on provisions for the land use change and forestry sector (sinks), methodologies for estimating emissions and removals, and reporting obligations. [38] The shape and nature of the Protocol's compliance system and the definition and rules to be adopted on sinks, are likely to be key issues to be negotiated and agreed at CoP 6 in November 2000. [39]

3.34 During the Kyoto negotiations two distinct negotiating blocs emerged among the Annex I countries - the `umbrella group', consisting of Australia, Canada, Japan, Iceland, New Zealand, Norway, the Russian Federation, the Ukraine and the US, and a group which included most other Annex I countries, led by the EU. [40] The umbrella group has made a joint submission on the rules for the operation of the Kyoto mechanisms, where it seeks market-based, transparent and uncapped (unlimited) arrangements. [41]

Australian policy and the Kyoto flexibility mechanisms

3.35 The Prime Minister's 1997 statement contained the provision of `$6 million for facilitating Australian involvement in the Kyoto project-based mechanisms such as the Clean Development Mechanism and Joint Implementation'. [42] This funding was largely focused on facilitating commercial involvement in projects in developing countries and meeting the additional costs incurred by business in undertaking such a project. [43]

3.36 Methods for promoting international partnerships in the context of the CDM and JI of the Kyoto Protocol include:

3.37 Australia supports the National Strategy Study Program (NSSP), a collaborative initiative between the World Bank and bilateral donors. The Australian NSSP aims to build capacity of developing countries in the Asia-Pacific region to explore the opportunities and potential benefits of participating in the CDM. It also helps them to explore their role in the CDM, identifying potential investment projects and developing national policies regarding the CDM. Australia will provide $3 million to be used for the execution of selected climate change-related studies in the Asia-Pacific region. [45]

3.38 An International Greenhouse Partnerships Office has also been set up within the Department of Industry, Science and Resources. [46] International Greenhouse Partnerships are aimed at laying the groundwork for Australia and cooperating countries to benefit from mutually beneficial greenhouse gas mitigation projects under the project-based Kyoto mechanisms, CDM and JI. Cooperating countries are expected to benefit through enhanced investment, technology transfer and human resource development, and Australian investors will be able to secure greenhouse gas mitigation credits from such projects. [47]

3.39 Currently, Australia's overseas aid program is funding programs and projects that help to abate greenhouse gas emissions and facilitate adaptation to climate change. [48] In addition, Australia has commitments of approximately $46 million to the Global Environment Facility (GEF) [49] climate change program since 1991 to assist with the introduction of:

3.40 Australia now has nine approved greenhouse projects in five countries (Chile, Fiji Islands, Indonesia, Mauritius and the Solomon Islands). Five new projects on fugitive emissions, fuel conversion, energy efficiency and renewables were endorsed recently. The Program is also building awareness of the project-based Kyoto mechanisms by staging bilateral workshops in cooperating countries and training and development courses in Australia. [51]

Australia and Kyoto: A Special Case?

Arguments in favour

3.41 During the negotiations for the Kyoto Protocol, the Australian Government made a claim that Australia has a distinctive set of national circumstances and challenges which will have an impact on efforts to achieve effective climate change abatement. Michael Grubb highlighted these national circumstances in the climate change negotiations when he pointed out that:

3.42 Mr Vivek Tulpule, representing ABARE, more recently argued that:

3.43 While it is estimated that Australia's emissions account for only 1.4 per cent of total global emissions, it is the largest emitter per person in the industrialised world. [54]

3.44 Australia's economy, trade profile, energy use and other circumstances were argued as being unique among Annex I Parties in that:

3.45 Prior to CoP 3 in Kyoto, the Australian Government argued vigorously that, since Australia is heavily dependent on fossil fuels for export revenue, and relies on fossil fuels as the chief source of domestic energy, uniform emissions reductions targets would be very costly and would impose a disproportionate economic burden on Australia compared with other Annex I countries. [56]

3.46 The Government advocated a form of `differentiation', that is, allocation of different targets between Annex I countries, on the basis of equal economic cost per capita for each Annex I country. The Australian Government claimed that this proposal was consistent with the UNFCCC's reference to `common but differentiated responsibilities'. [57] Australia would, under this proposal, have more lenient targets than most other countries.

3.47 The United Nations review team, for the first Australian National Communication in 1994 to the Intergovernmental Negotiating Committee for the UNFCCC, agreed that `Australia is in many respects unique' and:

3.48 The team acknowledged the leadership of the Council of Australian Governments (COAG) to implement commitments under the Convention. The broad range and quality of a number of climate-related research activities being carried out in the country was also recognised, as well as research in the pure and applied sciences on climate change issues, including expected impacts of and adaptation to climate change.

3.49 Support for the negotiations, designed to provide Australia with a special emissions target set in the context of national circumstances, is noted in a number of submissions including the Department of Resources Development (WA), Wesfarmers CSBP, and the Minerals Council of Australia.

3.50 The Department of Resources Development (WA) argued that:

3.51 Wesfarmers CSBP told the Committee:

3.52 The organisation explained that they were concerned that `if the time lines are too short, or they are skewed against one country in favour of another, then companies like ours will have a very hard row to hoe' and stressed that they:

3.53 Richard Wells, Executive Director, Minerals Council of Australia explained:

Outcome of the negotiations and the agreed target for Australia

3.54 On the basis of the case it presented, the Australian Government achieved a differentiated emissions target of 108 per cent over 1990 levels in the 2008 to 2012 period, a target that is 13 per cent higher than for most OECD countries.

3.55 This agreed target was supported in several submissions to the Committee, but other submissions expressed concern about the adverse implications for achieving future targets.

3.56 His Excellency Ralph Hillman, Ambassador for the Environment, said that:

3.57 However, the Australian Conservation Foundation noted that Australia could be faced with an equivalent or greater cut to emissions in the second and subsequent commitment periods. Mr Don Henry, Executive Director of the Australian Conservation Foundation suggested that:

3.58 Although the negotiated 2008 to 2012 target has given Australia some `breathing space', this could quickly disappear if a national framework for effective abatement actions to reduce emissions in the energy sector is not developed. Ms Tristy Fairfield from the Friends of the Earth (Fitzroy) explained:

3.59 Senator the Hon Robert Hill, Minister for the Environment and Heritage, also warned that Australia may be left vulnerable when targets are established for post-2012 periods. Senator Hill pointed out that the agreed target for Australia:

3.60 He went on to argue that Australia needed to join this trend:

3.61 One other problem perceived by a number of submissions is that emissions growth in Australia has already exceeded the target agreed in Kyoto and future cuts in expected growth of emissions are necessary. [70] Ms Gwen Andrews, Chief Executive of the Australian Greenhouse Office (AGO) acknowledged, before the Committee, that the Australian projections of the effect of existing measures on reducing business as usual have moved from 118 per cent to a projection that may go as high as 123 per cent above 1990 levels. [71] In July 2000, the AGO announced that Australia's latest National Greenhouse Gas Inventory showed a 16.9 per cent increase overall in emissions from all sectors (excluding land clearing) from 1990 to 1998. [72]

3.62 The PMSEIC, stated that meeting the negotiated commitment will require a cut of 35 per cent, or 135 Mt (million tonnes of CO2 equivalent), from expected growth by 2010. [73]

3.63 Mr Michael Rae, representing the World Wide Fund for Nature, told the Committee that, because Australia has been highlighted as being a special case, there will be considerable additional international attention on the need for Australia to achieve its target in the first commitment period:

3.64 There is a strong argument to suggest that under the targets established for the second commitment period, to be negotiated after 2005, Australia will face a more stringent target well below 100 per cent. This prospect requires leadership from government and recognition from industry that serious abatement action needs to begin now.

Concern that Australia has presented a `special case'

3.65 Other submissions also expressed considerable concern that Australia had presented a special case at Kyoto. Climate Action Network Australia (CANA) objected to the Australian Government's negotiation in Kyoto and claimed that:

3.66 The Australia Institute argued that the Australian proposal for differentiated targets was seen as being driven primarily by self-interest. [76] It added:

3.67 Also, Professor Ian Lowe [78] pointed out:

3.68 It may be argued that Australia's reputation will be further affected by Australia's interest in maximising the scope of the Kyoto flexibility mechanisms. In the lead up to the next Conference of the Parties, Australia has been seeking very broad definitions in relation to sink activities, CDM projects and emissions trading rules. Australia's stance on these issues could be interpreted as a preoccupation with minimising the requirement for stronger greenhouse abatement measures.

3.69 In its submission to the Committee, the Australia Institute challenged a number of the arguments made by the Australian Government at Kyoto when negotiating a special case for emission targets. [80] The Institute addressed the claim that Australia's fossil-fuel dependence makes it harder for the country to cut emissions and argued that this was unsubstantiated by economic modelling results. The Institute pointed out that:

3.70 The Institute also explained that exports of fossil fuels have no impact on Australia's greenhouse gas emissions, as emissions are counted in the country in which the fuels are combusted. [82] In this case only energy used in mining, processing and transporting fuels appear in Australia's emissions inventory. In relation to transport the Institute argued that, although Australia is a big country:

The economic modelling of the special case

3.71 To support its argument in Kyoto at CoP 3, the Australian Government requested the Australian Bureau of Agricultural and Resource Economics (ABARE) to provide estimates using the MEGABARE model of the economic costs to Australia of cutting emissions. The Australia Institute submission to the inquiry noted that:

3.72 The model and its predictions have since been the subject of criticism. The Australia Institute argued that:

3.73 The Committee questioned ABARE about the nature of the peer review of the work of that organisation. [86] Dr Fisher, representing ABARE, explained to the Committee that:

3.74 However, the Australia Institute claimed that:

3.75 The submission from the Australia Institute also argued that `ABARE did not subject its work to a proper process of peer review' [89] and by:

3.76 The Australia Institute, has more recently commented:

3.77 The Minister for the Environment and Heritage, Senator Hill has remarked that:

3.78 Dr Hamilton argued that other modelling techniques have shown that investment in energy efficiency would substantially reduce the estimated economic costs of bringing about large reductions in greenhouse gas emissions and that these sort of results are not reflected in the calculations from the ABARE GTEM [93] model. [94] He added that:

3.79 Mr Alan Pears, representing the Sustainable Energy Industry of Australia (SEIA), also expressed criticism of the ABARE model:

3.80 Mr Pears explained that:

3.81 Dr Brian Fisher, Executive Director of ABARE, explained to the Committee that the model produced for the Kyoto negotiations in 1997 had been superseded by new premises which have emerged post-Kyoto:

3.82 Dr Fisher concluded that the early modelling:

3.83 He emphasised that the Committee `should not rely on those results because they were done in a totally different environment for a totally different set of policy settings' and that MEGABARE is not a model ABARE uses any more. He explained that ABARE now uses a model called GTEM which incorporates the greenhouse sensitive gases carbon dioxide, methane and nitrous oxide. [100] Dr Fisher added that ABARE is:

3.84 At a Round Table on Global Warming held before the Committee, Mr Vivek Tulpule, Research Director in Trade and International Policy at ABARE, noted:

3.85 However, Mr Tulpule added that the Australian Government, at the time of the Kyoto Conference of Parties, `would have been informed by models that ranged across the top end of what people were saying, and the bottom end'. [103] He emphasised that:

3.86 Mr Tulpule noted:

3.87 Ms Eileen Claussen, President of the Pew Center on Global Climate Change also pointed out that: `[m]any of the economic models that are used to develop the cost estimates are unrealistic' [106] and that `different countries have interpreted the language in the treaty differently, and this has affected their assessment of whether and how they will be able to reach their targets'. [107] Ms Claussen suggests that there is a clear need to `renegotiate the targets or the timetables'. [108]

Recommendation 4

The Committee recommends that future work undertaken by ABARE on the economic impact of climate change and greenhouse gas abatement should:

(Chapter 3 - Part b)

 

Footnotes

[1] Prime Minister's Science, Engineering and Innovation Council, From Defence to Attack: Australia's Response to the Greenhouse Effect, 25 June 1999, p 3.

[2] See appendix 3 of the report for key dates in the climate change negotiation process.

[3] unfcc.de/resource/iuckit/fact17.html (17/07/00), p 1.

[4] The key events were the Villach Conference (October 1985), the Toronto Conference (June 1988), the Ottawa Conference (February 1989), the Tata Conference (February 1989), the Hague Conference and Declaration (March 1989), the Noordwijk Ministerial Conference (November 1989), the Cairo Compact (December 1989), and the Bergen Conference (May 1990), unfcc.de/resource/iuckit/fact17.html (17/07/2000), p 1.

[5] greenpeace.org/~climate/politics/reports/conferences.html (18/07/00), p 1.

[6] unfccc.de/resource/process/components.response/landmarks.html (17/07/000, p 1.

[7] United Nations General Assembly Resolution 45/212.

[8] unfcc.de/resource/iuckit/fact18.html (17/07/00), p 1 (also see /fact17.html).

[9] Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, pp 115-17.

[10] Cited in Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, p 37.

[11] Cited in Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, p 37.

[12] Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, pp 39-40.

[13] unfcc.de/resource/iuckit/fact18.html (17/07/00), p 1.

[14] Conference of the Parties established as the supreme body of the Convention responsible for: periodically reviewing the obligations of the Parties and institutional arrangements under Convention; promoting and facilitating the exchange of information on measures adopted by the Parties to address climate change and its effects; promoting and guiding the development of comparable methods for preparing inventories of greenhouse gas emissions by sources and removals by sinks; and establishing subsidiary bodies necessary or the implementation of the Convention (B Graham, M Hinchy, B Fisher and V Tulpule, Climate Change Negotiations – the Kyoto Protocol, Outlook 98, Proceedings of the National Agricultural & Resources Outlook Conference, Commodity Markets and Resource Management, Volume 1, 3 – 5 February 1998, ABARE, Canberra, 1998, p 67).

[15] unfccc.de/resource/process/components.response/landmarks.html (17/07/00), p 1. As at 20/07/98 the Convention has been ratified by 175 countries and the European Union, unfccc.de/fccc/conv.

[16] Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, p 47.

[17] Greenpeace, Guide to the Kyoto Protocol, Greenpeace International, October 1998, p 3.

[18] United Nations, The International Response to Climate Change, Climate Change Information Kit, Climate Change Information Sheet 17, unfcc.de/resource/iuckit/fact17.html (17/07/00), p 2.

[19] greenpeace.org/~climate/politics/reports/conferences.html (18/07/00), p 2.

[20] `Anthropogenic (human) sources of six greenhouse gases are to be included in national greenhouse gas emission inventories, including emissions from land use change. However, for the purposes of calculating the base period inventory, emissions form land use change are not included when defining the emission targets unless land use changes were a net source of emissions in 1990. The six greenhouse gases covered by the Protocol are carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride' (Frank Jotzo, Edwina Heyhoe, Kate Woffenden, Stephen Brown and Brian Fisher, Kyoto Protocol: Impact on developing countries and some implications for the design of the Kyoto mechanisms, Outlook 2000, Proceedings of the National Outlook Conference, Natural Resources, Volume 1, 29 February – 2 March 2000, ABARE, Canberra, 2000, p 48). The six gases are to be combined in a `basket', with reductions in individual gases translated into `CO2 equivalents' that are then added up to produce a single figure (unfcc.de/resource/iuckit/fact21.html (17/07/00), p 1). Countries also have a choice of baselines for the synthetic gases, 1990 or 1995.

[21] The Protocol provides in principle for the establishment of `bubble' arrangements between any group of Parties that choose to fulfil their commitments jointly. It also requires transparency in the way particular bubbles may operate… . [These] Parties, such as those comprising the European Union, may fulfil their (aggregate) commitments jointly (as a `bubble'). In the event of the European Union not meeting its aggregate Kyoto commitment, each member party will be responsible for meeting the target inscribed for it in its instrument of ratification (Frank Jotzo, Edwina Heyhoe, Kate Woffenden, Stephen Brown and Brian Fisher, Kyoto Protocol: Impact on developing countries and some implications for the design of the Kyoto mechanisms, Outlook 2000, Proceedings of the National Outlook Conference, Natural Resources, Volume 1, 29 February – 2 March 2000, ABARE, Canberra, 2000, p 49).

[22] greenpeace.org/~climate/politics/reports/conferences.html (18/07/00), pp 2-3.

[23] Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, pp 118 and 155.

[24] Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, pp 156-57.

[25] Intergovernmental Panel on Climate Change, IPCC Second Assessment Synthesis of Scientific-Technical Information Relevant to Interpreting Article 2 of the UN Framework Convention on Climate Change, clause 2.7.

[26] Prime Minister's Science, Engineering and Innovation Council, From Defence to Attack: Australia's Response to the Greenhouse Effect, 25 June 1999, p 3.

[27] Prime Minister's Science, Engineering and Innovation Council, From Defence to Attack: Australia's Response to the Greenhouse Effect, 25 June 1999, p 3.

[28] Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, p 158.

[29] Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, p 255 (US ratification) and pp 103-07.

[30] Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, pp 122-24.

[31] `Annex I Parties may trade among themselves emission reduction units (ERUs) resulting from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy… . Such projects have to provide a reduction in emissions or an enhancement of removals by sinks additional to any that would otherwise occur... . The ERUs may not be acquired if such action is not in compliance with obligations under Articles 5 and 7. … The ERUs are to be supplemental to domestic actions for the purposes of meeting commitments under Article 3' (Peter Cameron, `From Principles to Practice: the Kyoto Protocol', Journal of Energy & Natural Resources Law, 18(1), February 2000, p 1-18 at p 8).

[32] greenhouse.gov.au/pubs/factsheets/fs_cop5.html (17/07/00), p 3.

[33] `The operational details surrounding the CDM have yet to be negotiated. To qualify as a CDM project, the project activity must result in reductions in emissions (removal of carbon dioxide by sinks) that are additional to any that would occur in the absence of the certified project activity… . Under the CDM, the certified emission reductions (CERs) obtained from the year 2000 onward can be used toward meeting Annex B emission reduction targets in the first commitment period… . The Protocol stipulates that a share of the proceeds from the CERs will be used to cover administrative expenses and to assist developing countries that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaption (Article 12.8)' (Frank Jotzo, Edwina Heyhoe, Kate Woffenden, Stephen Brown and Brian Fisher, Kyoto Protocol: Impact on developing countries and some implications for the design of the Kyoto mechanisms, Outlook 2000, Proceedings of the National Outlook Conference, Natural Resources, Volume 1, 29 February – 2 March 2000, ABARE, Canberra, 2000, p 61).

[34] Peter Cameron, `From Principles to Practice: the Kyoto Protocol', Journal of Energy & Natural Resources Law, 18(1), February 2000, p 1-18 at p 8.

[35] Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, pp 135 and 202 ff.

[36] Peter Cameron, `From Principles to Practice: the Kyoto Protocol', Journal of Energy & Natural Resources Law, 18(1), February 2000, p 1-18 at p 9.

[37] Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, pp 87-102; Kyoto Protocol to the United Nations Framework Convention on Climate Change, December 1997, Articles 6, 12 and 17.

[38] unfccc.de/resource/process/components/response/respkp.html (17/07/00), pp 1-2.

[39] Proof Committee Hansard, Canberra, 9 March, 2000, p 3.

[40] ABARE, Submission 106, p 880.

[41] Australian Greenhouse Office, Submission 169, p 1685.

[42] Statement by the Prime Minister of Australia, the Hon John Howard, Safeguarding the Future: Australia's response to climate change, 20 November 1997, http://www.greenhouse.gov.au/ago/safeguarding.html (17/07/00).

[43] Statement by the Prime Minister of Australia, the Hon John Howard, Safeguarding the Future: Australia's response to climate change, 20 November 1997, http://www.greenhouse.gov.au/ago/safeguarding.html (17/07/00).

[44] Australian Greenhouse Office, The National Greenhouse Strategy: Strategic Framework for Advancing Australia's Greenhouse Response, 1998, pp 31-37.

[45] Australian Greenhouse Office, Submission 169, p 1687.

[46] isr.gov.au/resources/netenergy/greenhouse/partnerships/index.html (04/09/00), p 3.

[47] Australian Greenhouse Office, Submission 169, p 1687.

[48] AusAID, The Overseas Aid Program and the Challenge of Global Warming, 1999, p 2.

[49] The GEF is the financial mechanism of the Framework Convention on Climate Change.

[50] Australian Greenhouse Office, Submission 169, p 1686.

[51] Australian Greenhouse Office, Submission 169, p 1687.

[52] Michael Grubb, The Kyoto Protocol: A Guide and Assessment, The Royal Institute of International Affairs, London, 1999, p 27.

[53] Proof Committee Hansard, Canberra, 16 August 2000, p 901.

[54] Using official totals for 1995 supplied to the UN by the 35 Annex B (industrialised) Parties to the Kyoto Protocol, the Australia Institute calculated that Australia had the highest emissions per capita at 26.7 tonnes: `this is twice the level for all other wealthy countries (13.4 tonnes) and 25 per cent higher than emissions per person in the US (21.2 tonnes). While the US has higher emission per capita from energy (20.6 tonnes compared to Australia's 17.6 tonnes), Australia has much higher levels of emissions from agriculture and land-use change', (The Australia Institute, Submission 79, p 2).

[55] United Nations General Assembly, Executive Summary of the National Communication of Australia, 26 October 1995, A/AC.237/NC/4, p 3. See also Department of Foreign Affairs and Trade, Australia and Climate Change Negotiations, An Issues Paper, September 1997, pp 4-6 at dfat.gov.au/environment/climate/accn/overview.html (02/02/00); Australian Greenhouse Office, Submission 169, p 1682; and The National Greenhouse Strategy: Strategic Framework for Advancing Australia's Greenhouse Response, Australian Greenhouse Office, Canberra, 1998, p 100.

[56] The Australia Institute, Submission 79a, p 583.

[57] The Australia Institute, Submission 79e, p 2311. The Institute explained that: `The phrase `common but differentiated responsibilities' was first used in the Framework Convention and reiterated in the Berlin Mandate'. However, the Institute pointed out that: `the phrase referred to the `common but differentiated responsibilities and respective capabilities between developed and developing countries. It is important to recognise this because the Australian Government used the phrase to give legitimacy to its differentiation argument in the lead-up to the Kyoto Conference. This was intended to give the impression that the Framework Convention and the Berlin Mandate provided the principle on which the Australian case was based. This was a misuse of the wording of the Convention for it was never understood to apply to `differentiated responsibilities' among the rich countries'.

[58] United Nations General Assembly, Summary of the report of the In-Depth Review of the National Communication of Australia, 14 December 1995, FCCC/IDR.1(SUM)/AUS, p 2.

[59] Department of Resources Development (WA), Submission 67, p 502.

[60] Proof Committee Hansard, Perth, 17 April 2000, p 522.

[61] Proof Committee Hansard, Perth, 17 April 2000, pp 522-23.

[62] Proof Committee Hansard, Canberra, 10 March 2000, p 75.

[63] Proof Committee Hansard, Canberra, 9 March 2000, p 2.

[64] Proof Committee Hansard, Melbourne, 21 March 2000, p 195.

[65] Proof Committee Hansard, Melbourne, 20 March 2000, p 161.

[66] Proof Committee Hansard, Melbourne, 20 March 2000, p 162.

[67] Senator the Hon Robert Hill, Opening Address to the Insurance Council of Australia's Canberra Conference, 10 August 2000, Department of the Environment and Heritage, Media Release and Speeches, environment.gov.au/minister/env/2000/sp10aug00.html (13/08/00), p 3.

[68] Senator the Hon Robert Hill, Opening Address to the Insurance Council of Australia's Canberra Conference, 10 August 2000, Department of the Environment and Heritage, Media Release and Speeches, environment.gov.au/minister/env/2000/sp10aug00.html (13/08/00), p 3.

[69] Senator the Hon Robert Hill, Opening Address to the Insurance Council of Australia's Canberra Conference, 10 August 2000, Department of the Environment and Heritage, Media Release and Speeches, environment.gov.au/minister/env/2000/sp10aug00.html (13/08/00), p 4.

[70] Australian Conservation Foundation, Submission 191, p 2015.

[71] Proof Committee Hansard, Canberra, 22 June 2000, p 686.

[72] Australian Greenhouse Office, Media Release, National Greenhouse Gas Inventory for 1998 released, 13 July 2000, greenhouse.gov.au/media/nggi98.html (21/07/00), p 1.

[73] Prime Minister's Science, Engineering and Innovation Council, From Defence to Attack: Australia's Response to the Greenhouse Effect, 25 June 1999, p 2.

[74] Proof Committee Hansard, Sydney, 23 March 2000, p 444.

[75] Climate Action Network Australia, Submission 193, p 2033.

[76] The Australia Institute, Submission 79a, p 584.

[77] The Australia Institute, Submission 79e, p 2312.

[78] Professor Ian Lowe, Griffith University, gave evidence before the Committee in a private capacity.

[79] Proof Committee Hansard, Brisbane, 26 May 2000, p 559.

[80] The Australia Institute, Submission 79a, p 579.

[81] The Australia Institute, Submission 79a, p 580.

[82] The Australia Institute, Submission 79a, p 581.

[83] The Australia Institute, Submission 79a, p 583.

[84] The Australia Institute, Submission 79a, p 580.

[85] The Australia Institute, Submission 79e, pp 2313-14.

[86] Proof Committee Hansard, Canberra, 23 June 2000, pp 819-20.

[87] Proof Committee Hansard, Canberra, 23 June 2000, p 559.

[88] The Australia Institute, Submission 79e, pp 2315.

[89] The Australia Institute, Submission 79e, pp 2316.

[90] The Australia Institute, Submission 79e, pp 2317.

[91] Proof Committee Hansard, Canberra, 16 August 2000, p 899.

[92] Senator the Hon Robert Hill, Opening Address to the Insurance Council of Australia's Canberra Conference, 10 August 2000, Department of the Environment and Heritage, Media Release and Speeches, environment.gov.au/minister/env/2000/sp10aug00.html (13/08/00), p 4.

[93] `The Global Trade and Environment Model (GTEM) is derived from the MEGABARE model and the GTAP model. The most significant features that distinguish GTEM from MEGABARE are the extended coverage of greenhouse gas emissions, the inclusion of interfuel substitution and emission reduction responses in noncombustion greenhouse gases… . Global computable general equilibrium models such as GTEM have the capacity for estimating the impacts of international climate change policies on key economic variables and emissions. The economic variables considered include the prices of consumer goods and inputs into production, sectoral and regional output, trade and investment flows between regions and, ultimately, national income and expenditure levels in Annex B and non-Annex B regions (Cain Polidano et al, The Kyoto Protocol and Developing Countries: Impacts and implications for mechanism design, ABARE, 2000, p 74).

[94] Proof Committee Hansard, Canberra, 16 August 2000, p 900.

[95] Proof Committee Hansard, Canberra, 16 August 2000, p 903.

[96] Proof Committee Hansard, Melbourne, 21 March 2000, p 230.

[97] Proof Committee Hansard, Melbourne, 21 March 2000, p 230.

[98] Proof Committee Hansard, Canberra, 23 June 2000, p 820.

[99] Proof Committee Hansard, Canberra, 23 June 2000, p 821.

[100] Proof Committee Hansard, Canberra, 23 June 2000, p 825.

[101] Proof Committee Hansard, Canberra, 23 June 2000, p 825.

[102] Proof Committee Hansard, Canberra, 16 August 2000, p 891.

[103] Proof Committee Hansard, Canberra, 16 August 2000, p 896.

[104] Proof Committee Hansard, Canberra, 16 August 2000, p 891.

[105] Proof Committee Hansard, Canberra, 16 August 2000, p 901.

[106] Eileen Claussen, President of the Pew Center on Global Climate Change, Kyoto – the best we can do or fatally flawed?, Royal Institute of International Affairs Conference, London, 20 June 2000, p 40.

[107] Eileen Claussen, President of the Pew Center on Global Climate Change, Kyoto – the best we can do or fatally flawed?, Royal Institute of International Affairs Conference, London, 20 June 2000, p 5.

[108] Eileen Claussen, President of the Pew Center on Global Climate Change, Kyoto – the best we can do or fatally flawed?, Royal Institute of International Affairs Conference, London, 20 June 2000, p 7.