Kyoto Protocol Coming into Force : what it means to India? Kalipada Chatterjee kchatterjee@devalt.org The Kyoto Protocol to the Convention on Climate Change (UNFCCC)  | Vertical Shaft Brick Kiln - An Energy Efficient Brick Making Technology | came into force on the 16th February, 2005. The Protocol was adopted during the Third Conference of Parties (CoP-3) of the UNFCCC held at Kyoto, Japan during 1997. Events leading to CoP 3 Supported by the first scientific assessment of the Intergovernmental Panel on Climate Change (IPCC, 1990), the UNFCCC set the objective of the Convention to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level is to be achieved within a time frame sufficient enough to allow the ecosystem to adapt naturally to climate change and to ensure that food production is not threatened and economic development proceeds in a sustainable manner. All Parties (developed and developing) to the Convention also undertook commitments taking into account their common but differentiated responsibilities and their specific national and regional development objectives and circumstances, to periodically update, publish and make available national inventories of anthropogenic emissions by sources and the removal by sinks of all greenhouse gases not controlled by the Montreal Protocol. The developed country Parties (Annex 1), in addition, aimed to bring down their greenhouse gases emissions to their 1990 levels by the year 2000. During the first Conference of Parties (CoP 1) in 1995 in Berlin, it became clear that most of the developed countries had not initiated measures to achieving their current aim of returning greenhouse gas emissions to 1990 levels by the year 2000. In fact, a number of highly industrialised countries had increased their greenhouse gas emissions by 10-15 percent from 1990 levels. The Global NGO Meet in Berlin during CoP 1 in March 1995, thought that ‘Rio is not enough’ and called for higher commitments by developed countries. The Convention had been silent on measures and action for stabilization of concentrations of greenhouse gases beyond 2000. During the third Conference of the Parties at Kyoto in 1997 (CoP 3), the message of the Secretary General, UN, delivered by Maurice Strong was significant: "The world’s richest countries acknowledge their principal responsibility for reducing greenhouse gas emissions; leadership on their part is clearly the way forward, and I urge them to commit to cuts in their greenhouse gas emissions that are significant, binding and verifiable. The position of developing countries requires special consideration and I sincerely hope this issue will not be a stumbling block to the agreement here in Kyoto." Some 10,000 delegates, observers and media persons participated in this high profile event hosted by Kyoto, Japan in December 1977. The conference resulted in a consensus decision and adopted a Protocol known as the Kyoto Protocol to the Convention on Climate Change, under which industrialised countries would reduce their combined greenhouse gas emissions at least by 5.2% compared to 1990 levels by the end of the commitment period 2008-2012. USA and Australia have not joined the Protocol process. When the Protocol is fully implemented by 2012, this would mean an important step forward in producing a historic reversal of the upward trend in emissions that started in these countries from the days of the industrial revolution (in the North).The process took seven long years of negotiations from the day the Protocol was opened for signature on 16th March 1998 to come into force on 16th March 2005, ushering the Kyoto Protocol Era. The Protocol has been ratified by141 Parties to the UNFCCC across the globe. Clean Development Mechanism The Clean Development Mechanism (CDM) is one of the innovative features of the Kyoto Protocol. It encourages investments in projects that promote sustainable development in developing countries while limiting emissions at the same time. The active involvement of the private sector is critical for the success of the CDM, which is now fully operational. Signals of climate change are already visible around the world. Some of the projected impacts which could adversely affect our life, economy and eco systems are its impacts on the Asian Monsoon (the main source of fresh water), agriculture and on many other life saving systems (such as rivers). Climate Change would increase vector borne diseases. It would also enhance extreme weather events — their intensity and frequency — as well as cause unprecedented loss of life and property in the coastal areas due to inundation. The Protocol is an important step forward towards the stabilization of the concentrations of the greenhouse gases in the atmosphere to prevent dangerous anthropogenic interference with our climate system. India’s Concern India has reasons to be concerned about the adverse effects of climate change very seriously as a large proportion of its population depends on climate sensitive sectors, like agriculture and forestry for livelihoods. Adverse impact on the rainfall pattern (both temporal and spatial) and the recession of glaciers, due to global warming, would affect water availability and our development goals related to systems like habitat, health, energy and infrastructure. In fact, climate change would have a negative impact on our entire development process. The Kyoto Protocol requires the signatory Annex 1 countries to bring down their emissions mostly by the domestic actions and by changing their life style. But to make the process cost effective and to supplement their domestic efforts, the Protocol also included three flexibility mechanisms. These are: 4 | Joint Implementation (JI) among developed countries | 4 | Clean Development Mechanism (CDM) between a developed and a developing country | 4 | Emission Trading (ET) among developed countries. | Under the Protocol, the developing countries ratifying the Protocol are eligible to participate in the CDM. India signed the Protocol before CoP 8 of the UNFCCC during 2002. India offers a large potential for CDM – because of India’s inherent dependence on fossil fuels for development as well as a proactive government and an enabling environment in place. Indeed, India is the most favoured destination for CDM globally. The Cdm Mechanism The Purpose of CDM is to: 4 | Assist developing countries in achieving sustainable development | 4 | Contribute to the ultimate objective of the climate change convention | 4 | Assist developed countries in achieving compliance with their quantified Emission Limitations and Reduction Commitments (QELRCs) | With the Kyoto Protocol coming into force, India can expect considerable benefits from the CDM project activities. These are: 4 | Capacity building in CDM project development and implementation; | 4 | Additional foreign investments; | 4 | A share of certified emission reduction, resulting for CDM project activities; and | 4 | A cleaner path for India’s rapid economic development | CDM will also increase the profitability of the entrepreneurs and improve the local and global environment by reducing air pollution. Most important aim for India however, is an opportunity to use the CDM as a tool for ushering a new era of sustainable development by aiming at the social, economic, environmental and technological well being of the country. CDM will also provide a big boost to the Renewable Sector, particularly for rural development and the area of energy efficiency. It will also comply with India’s main agenda — eradication of poverty by providing sustainable livelihoods to millions. Small Scale CDM Projects Small and Medium Enterprises (SMEs) are the backbone of the Indian economy. With three millions SMEs, this sector contributes 40 per cent towards the national income. SMEs provide employment to more than 16 million people in India and are growing at the rate of 20 per cent annually. Small Scale CDM Project activities will catalyse the growth of the SMEs in India which provides employment to a large population of the county and contribute to a large extent to the earning of precious foreign exchange. SMEs are less capital intensive. Growth of small enterprises has resulted in clustering of similar type of industries in some areas and towns which stimulates the development of localised skills and low cost technologies. Despite these advantages, SMEs are also a major area of concern as they cause 70 per cent of the industrial pollution. This is due to their obsolete technologies, high waste generating factors and less regularly requirements. CDM could catalyse energy efficient technologies; reduce pollution and provide other benefits such as improved operating efficiency of the plants; and save on the cost due to less wastage of raw material and energy, waste material recovery, better project quality and consistency. Enabling Environment The Protocol requires the developing country (host country) to set up the Designated National Authority (DNA) for according the host country approval for the CDM projects submitted by the project developers. Not all projects that result in emission reduction are eligible to qualify as a CDM project. In order to qualify, projects need to have characteristics which are explicit or implicit in the Kyoto Protocol. CDM projects need to be designed such that they: 4 | are approved by the Government of the participating Parties and are consistent with and supportive of the national environment and development priorities / strategies | 4 | assist host (developing) countries to achieve sustainable development | 4 | are host country driven | 4 | result in real, measurable and long-term benefits | 4 | reduce emissions that are additional to any that would occur in the absence of the certified project activity | 4 | involve private and / or public entity | 4 | have voluntary participation, approved by each party involved | 4 | contribute to the ultimate objective of the Convention | 4 | benefit developing countries from project activities, resulting in Certified Emission Reductions (CERs) | Some of the present hurdles in the path of CDM projects are: 4 | low capacity of institutions, business sector and individuals in this field | 4 | the need for further simplified modalities and procedures for CDM projects | 4 | inadequate funding, weak linkages with investors, low carbon prices, financial barriers | 4 | lack of cleaner technologies and technical know-how among businesses. | As discussed earlier, the government of India has already ratified the Kyoto Protocol and has established the designated national authority (DNA) for according the host country approval for CDM projects. A number of CDM capacity building programmes by organisations like GTZ (Germany), IGES (Japan) have been initiated. Capacity building programmes in India are being facilitated in various sectors and in different states by organisations like Development Alternatives, TERI and Winrock, with constant support from NGOs working with the communities at the grassroots level. CDM project cycle is quite complex and requires a lot of expertise at all levels – at the policy making, consultancy, business and financial levels. India has so far accorded host country approval for 54 CDM Projects, but only two projects have so far been registered as CDM projects by the CDM executive board. Major Concerns Investment from Annex 1 countries (developed countries) is not forthcoming and it has resulted only in unilateral CDM Projects in India. Under the new EU rules, a CDM project needs to be bilateral or multilateral. Under these circumstances, many of the projects approved by Indian DNA may not go through the screening process in the Executive Board. There is a fear that such projects may finally be tied up with foreign carbon investors for making these projects bilateral. And, carbon reduced if sold as Verified Carbon Reductions (VERs) and not as CERs will have two adverse effects: 1. The price of the VERs will be considerably lower than CERs. 2. The developing countries would be deprived of the two per cent of the CERs as adaptation fund, as approved under Article 12 of the Protocol. If such a thing happens, our apprehension of giving away much of our emission reductions at a lower price as "Low Hanging Fruits" may come true. There is an urgent need for adopting simplified modalities and procedures for minimizing the hurdles to realise the benefits of CDM. The developed country Parties who have ratified the Protocol can play an important role and should put pressure on the CDM Executive Board through their members in the executive board to simplify the rules on an urgent basis so that the developing countries like India can maximize the benefits from this mechanism, and are able to send many more CDM projects to the executive board for registration. However, Small Scale CDM projects would need bundling of projects for the economic viability and lowering of transaction costs that are inherent in the CDM cycle. The CDM executive board and DNA of India must therefore address these issues at the earliest and provide simplified rules as well as distinct guidelines for bundling small projects. First Commitment Period As per the Protocol, the first commitment period will be over by 2008-2012. A country like India has no binding commitment under the Protocol but time and again pressure has been put on India to accept voluntary / binding commitments to reduce green house emissions. India, along with other developing countries (G-77 and China), has repeatedly made it clear in all international negotiations and debates that the main concern of the developing countries is their rapid economic growth and the implementation of their development programmes to bring a better quality of life to people. India under no circumstances can accept any commitment of reducing green house emissions and accept any binding commitment in the near future at least not before 2050 when we think India would have developed. Conclusion India is the most favoured destination for CDM. It is a unique opportunity for India to usher an era of sustainable development and accelerate our efforts for community level adaptation to climate change for the vulnerable communities in India. Government of India and India’s representatives in the CDM Executive Board of the UNFCCC are to take urgent steps for simplification of the CDM rules, ensuring however the environmental integrity of such project activities, and to ensure that ‘Unilateral’ CDM projects are accepted by all the Annex 1 Parties including the EU and its member countries . International community needs to explore ways and means to ensure that the large potential of CDM that exists in a country like India is not diverted due to the market forces to VERs instead of CERs. The active involvement of the business sector associations like CII and facilitating institutions like DA, is critical for the success of the CDM in India. q Back to Contents |