6.6 Kyoto Protocol; Convention on Biological Diversity & Montreal Protocol

Kyoto Protocol

• It is an international treaty
• Negotiated under UNFCC
• Adopted in 1997 in Kyoto, Japan
• Came into force in 2005
• Parties  : 192 (Canada withdrew)
• It gave binding targets to Annex I countries
• The Kyoto Protocol implemented the objective of the UNFCCC to fight global warming by reducing greenhouse gas concentrations
• The Protocol is based on the principle of common but differentiated responsibilities: it 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.
• The Protocol’s first commitment period started in 2008 and ended in 2012

• By 2008-2012, Annex 1 countries have to reduce their GHG emissions by an average of5% below their 1990 levels (for many countries, such as the EU member states, this corresponds to some 15% below their expected GHG emissions in 2008).

• A second commitment period was agreed on in 2012, known as the Doha Amendmentto the protocol.
• The amendment includes new commitments for parties to the Protocol who agreed to take on commitments in a second commitment period and a revised list of GHGs to be reported on by Parties.
• India has ratified the second commitment period of Kyoto Protocol.
• Paris agreement (2015) is not an amendment to Kyoto Protocol but a separate instrument altogether.
• Target under this protocol applies to following GHGs:

·         Carbon Dioxide (CO2)

·         Methane (CH4)

·         Nitrous Oxide (NO2)

·         Sulphur Hexafluoride (SF6)

·         Two groups of gases :

·         Hydrofluorocarbons (HFCs)

·         Perfluorocarbons (PFCs)

• Kyoto Protocol includes “flexible mechanisms” which allow Annex 1 economies to meet their GHG targets by purchasing GHG emission reductions from elsewhere. These can be bought either from :

·         financial exchanges (International Emissions Trading Scheme) or

·         from projects which reduce emissions in non-Annex 1 economies under the Clean Development Mechanism (CDM),

·         or in other Annex-1 countries under the Joint Implementation (JI)

• Only CDM Executive Board-accredited Certified Emission Reductions (CER) can be bought and sold in this manner.

Convention on Biological Diversity

• Also known as Biodiversity Convention
• It is a multilateral treaty
• Opened for signature on 5 June 1992 in Rio De Janeiro
• Entered into force in 1993
• Signatories : 168
• Parties : 196
• It is legally binding
• Convention has 3 main goals : 

1.   Conservation of biological diversity

2.   Sustainable use of its components; and

3.   Fair and equitable sharing of benefits arising from genetic resources

• India plays an active part in this treaty. India is a party to convention
• USA has signed but not ratified.
• Cartagena Protocol on Biosafety :

   Also known as biosafety protocol

·         Adopted in 2000; Came into force in 2003

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

·         Genetically Modified Organisms can be regulated under this protocol

• Nagoya Protocol:

·          Adopted in Conference of Parties 10 (CoP10) (2010)

·         It deals with access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity

·         It is a supplementary agreement to the Convention on Biological Diversity.

·         The Strategic Plan consists of 20 new biodiversity targets for 2020, termed the ‘Aichi Biodiversity Targets’

Montreal Protocol

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. 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 a 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.

India is undertaking phase-out of HCFCs through the implementation of HPMP. The Stage-I of HPMP has been already implemented in the country and has successfully met all the ODS phase-out targets, including those of HPMP Stage-I.

India has recently launched HPMP Stage-II for 2017-20123.

In a reversal of its earlier stand, recently India accepted the request of the United States and some other developed countries to work towards phasing out refrigeration chemicals known as hydrofluorocarbons, or HFCs, under the Montreal protocol on ozone layer protection. Write a critical note on the importance of Montreal Protocol and examine how would India’s policy

change affect industries and consumers in India. (200 Words)

The Montreal Protocol (MP) aims at phasing out ozone depleting substances such as chlorofluorocarbons (CFCs) and hydro-chlorofluorocarbons (HCFCs) that were mostly used in air conditioning, refrigerating and foam industry. However, HFCs are not ozone depleting, but have a high global warming potential.

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.

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.

Points to remember:

• 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).
• 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 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.