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The Differentiation COP Ends with Indecisions and Big Questions

The concluding days of the COP 14 were marked by wrangling over a number of issues. The most difficult negotiation was over the issue of enabling and scaling up of funding for adaptation by agreeing to put a levy on the revenues from two Kyoto Protocol mechanisms, Joint Implementation (JI) and Emissions Trading (ET).

Currently, only one of the three Protocol mechanisms, the Clean Development Mechanism, is used to provide revenue for the Adaptation Fund that operates under the Kyoto Protocol. A 2% levy is taken from the funds receivable by the developing country partners from companies in developed countries that use the CDM to "offset" their carbon emissions.

Many developed-country parties would not agree with the developing countries' demands that the Adaptation Fund also obtain revenues through the JI and ET.

The breakdown of the talks on this issue sparked statements expressing bitterness and frustration from many delegations. "I must say this is one of the saddest moments I have witnessed in all these years," said Indian delegate Prodipto Ghosh. "In the face of the unbearable human tragedy that we in the developing countries see unfolding every day this is nothing but callousness." He criticized the "refusal of some parties to experience a minuscule loss of profits from trading in carbon" at a time when climate change was stripping the poor of their homes, hearts and their meager loaves of bread." The meeting adopted several decisions. However, it failed to reach agreement on a few key issues. Most significantly, negotiations broke down over new funding sources for climate-related adaptation activities in developing countries.

The differences as already mentioned above is clearly evident in the discussions followed on the important issues. Here we identify some of the key issues that were evident from the discussions during the two weeks of negotiations.

Financial issues at the COP 14

Contentious issues

  • Throughout the COP14, there was a clear division between Annex 1(A1) and Non-Annex-1 (NA1) countries regarding financial mechanisms. While A1 countries broadly wanted to maintain the status quo and use existing financial institutions for the purpose of managing finances for dealing with climate change, NA1 countries pressed for alternate financial mechanisms that could be governed and controlled by the COP

  • NA1 countries put forth their suggestions for raising adequate finances to deal with climate change. A1 countries, however, did not engage with NA1 countries on their proposals and were also not able to put forth counter proposals that could/would raise the required resources at an adequate scale

  • Share of proceeds to finance enhanced adaptation in the near term: NA1 countries pressed for extending the 2% levy on CDM to other flexibility mechanisms under the Kyoto protocol in order to enhance funding for adaptation. This, however, has so far not been accepted by A1 countries

  • Role of public finance and the scale at which it is required: NA1 countries repeatedly kept emphasizing that raising public finances at an adequate scale was crucial to meeting the objectives of the convention and delivering, predictable and sustainable finances to them in order to deal with the consequences of climate change. NA1 countries also stated that raising adequate public finance was crucial for achieving MRV requirements. However, there was a difference in perception by the A1 countries that looked at public finance as an enabling and leveraging component of financing the implementation of the convention, the bulk of which, they felt, would come forth from the private sector. This proposition, however, was not acceptable to NA1 countries.

Technology Transfer:

The debate was limited to couple of contesting issues. First the developing countries have put forward the importance of collaborative effort in developing the climate friendly technologies, diffusion of the same also access. This, according to them has to be achieved through the private public partnerships. Secondly, the debate was related to the financing of the technologies.

  • Brazil, China and South Africa in the last of the Contact Group meeting submitted some of the concrete proposals on the modalities of technology transfer. They argued for the scaling up of the finance available for technology development, and also to develop new useful instrument for transfer. All these three important nations of the G77 and China bloc were in favour of extension of the TRIPS flexibilities to the Climate Change regime.

  • There was a clear lack of interest expressed covertly by the developed countries on the G77 and China Proposal on Technology Transfer that was submitted to the Secretariat at the Accra meeting. The developed countries after the first week on non-responsiveness has actually involved in delaying tactics on the same issue.

  • To counter the attitude of the developed countries on technology transfer and related financing issues, the developing countries like India, Philippines, Pakistan, and Bangladesh came up with innovative and concrete ideas. India proposed the idea of building world wide technology-business development centres. These centres will work in tandem with the scientists, policymakers, and the business experts to innovate, diffuse and commercialise the technology for clean development at fair rules for access.

  • Bangladesh emphasised on the need to develop the adaptation technologies and their need to replicate across the regions of similar socio-economic areas. They have laid out a methodology to enhance the technology transfer mechanism. In doing so, the delegates proposed to develop a Framework statement having objective, guiding principles methods and criteria to operationalise the technology transfer.

  • The developed countries proposed that the need to build IPR regime so as to make market more effective. They choose to ignore different proposals set forward by the developing countries on building up alternative framework. The main emphasis remained on the existing framework of arrangements prevailing.

Carbon Capture and Storage (CCS) and the CDM:

This issue has been on of the sensitive issues of the COP. There were sharp differences between the developing countries over the benefits of CCS. Saudi Arabia supported the idea of CCS, while India and others took a very cautious stand. The uncertainty prevailing over the success of the capturing technology is the key behind the differences. Norway and other highly oil dependant economies were in support of the CCS and the CDM related issue and were aggressive in clinching a conclusion.

The decision taken was to request the CDM Executive Board to assess the implications (taking into account technical, methodological and legal issues) of the possible inclusion of CCS in geological formations as CDM project activities, and to report back to the next CMP in 2009.

Shared Vision:

During the High-Level Ministerial segment of the COP, a round table on the issue of "shared vision" was held, chaired by the President of the COP, the Polish Minister, Maciej Nowicki. The issue of shared vision is a contentious issue under negotiation in the Ad hoc Working Group on Long-term Cooperative Action (AWG-LCA), the process launched by the Bali Action Plan at the last COP in Bali in December 2008 and which is mandated to reach an "agreed outcome" by parties at COP 15 in Copenhagen in December 2009.

India said that it could not accept some of the conclusions in the Chair's summary, as there was no specific reference to the guiding principle of common but differentiated responsibilities and respective capabilities, and no reference to equity, which it described as the cardinal principle.

India stated that the reference in the report to a "deal at COP 15 that can be ratified by all" implies a new treaty or Protocol or other legally binding document, which is not in accordance with the Bali Action Plan which only mentions an "agreed outcome". It wanted its comments on why India could not accept some conclusions in the Chair's summary to be placed on record.

To the surprise of many delegates and observers, the Executive Secretary of the UNFCCC, Yvo de Boer then took the floor to say that a revision of the Chair's summary had already been prepared. He said that in paragraph 4 of the Chair's Summary, "common but differentiated responsibilities and respective capabilities" would be added in. And in paragraph 13, he said that the words "agreed outcome that can be ratified" would be used instead.

China then said that it still had serious reservations about the paragraph 13 of the report, even as amended, as it still mentions an outcome that can be ratified, as this is pre-judging the outcome of COP 15. It asked for its comments to be placed on record.

China also said that the principle of equity was not adequately reflected in the Chair's summary. It insisted that its statement be placed on record in the proceedings of the final report, when the Chair suggested that the amendment was sufficient to address the concerns raised.

Venezuela also voiced similar concerns about the Chair's summary and asked that this be recorded.

Saudi Arabia said that it shared the concerns of previous speakers and insisted that the Chair's summary does not bear weight in the negotiations of the AWG-LCA. It said that all the countries of the G77 and China had spoken about common but differentiated responsibilities in the roundtable, but that this had not been reflected in the Chair's summary. It said that any pre-judgment of the form of the outcome in Copenhagen at COP 15 was not conducive and requested that its comments be placed on record.

The Chair then suggested that the phrase "that can be ratified by all" should be deleted from the Chair's summary. However, China insisted that it was not engaging in a discussion on the Chair's summary, and would just like its views to be placed on record. Pakistan insisted that any revision does not change the status of the document, as it is only the President's summary of the roundtable discussion.

India said that it had not seen the revision that was proposed by the Executive Secretary and that it wanted its statement placed on record in the report of the proceedings of the meeting. The Philippines insisted that the Chair's summary must not be included in the documents to be prepared in 2009 for the negotiations in the AWG-LCA, and that it would not be considered by Parties in its entirety.

Saudi Arabia said that a Chair's summary is not usually a document that is revised based on comments from the floor. It said that it was the prerogative of the Chair to revise the documents as he sees fit, but whatever its form or shape, this does not change its legal status as being a Chair's summary, and that this does not reflect any form of consensus. Bolivia, Colombia and Gabon also made statements expressing their concerns with the Chair's summary.

The last COP started off with mild optimism among the parties over the developments, but at the end of two weeks of discussions what was achieved were just the set of ideas on many of the contentious issues. The developing countries were able to put forward a set of innovative ideas which put pressure on their developed country counterpart to deliberate upon. This has actually set the tone of the high level segment. The achievements are few but the pressure has to be there on the parties to come up with more conclusive discussions during the next year starting from March 2009 at Bonn. Time is running out.

Tirthankar Mandal, Centad, New Delhi, India

 
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