Reflections of the Paris Agreement: Need for ratification as urged by PM

Prime Minister Ranil Wickremesinghe

Chinese President Xi Jinping (C), UN Secretary General Ban Ki-moon and US President Barack Obama (R) shake hands during a joint ratification of the Paris climate change agreement ceremony ahead of the G20 Summit at the West Lake State Guest House in Hangzhou, China, 3 September 2016 - Reuters

At COP 21 in Paris, parties to the UNFCCC reached a landmark agreement to combat climate change and to accelerate and intensify the actions and investments needed for a sustainable low carbon future. The Paris Agreement builds upon the Convention and – for the first time – brings all nations into a common cause to undertake take ambitious efforts to combat climate change and adapt to its effects, with enhanced support to assist developing countries to do so. As such, it charts a new course in the global climate effort.

The Paris Agreement’s central aim is to strengthen the global response to the threat of climate change by keeping a global temperature rise this century well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1.5 degrees Celsius. Additionally, the agreement aims to strengthen the ability of countries to deal with the impacts of climate change. 

To reach these ambitious goals, appropriate financial flows, a new technology framework and an enhanced capacity building framework will be put in place, thus supporting action by developing countries and the most vulnerable countries, in line with their own national objectives. The Agreement also provides for enhanced transparency of action and support through a more robust transparency framework.

The Paris Agreement requires all Parties to put forward their best efforts through “nationally determined contributions” (NDCs) and to strengthen these efforts in the years ahead. This includes requirements that all Parties report regularly on their emissions and on their implementation efforts. There will also be a global stock-take every five years to assess the collective progress towards achieving the purpose of the agreement and to inform further individual actions by Parties.

In terms of next steps, the Paris Agreement will be open for signature on 22 April 2016 – Earth Day – at UN Headquarters in New York. The agreement will enter into force 30 days after 55 countries that account for at least 55% of global emissions have deposited their instruments of ratification.

Pending entry into force, a new Ad Hoc Working Group on the Paris Agreement will prepare for the entry into force of the Agreement and the first session of the governing body of the Paris Agreement, namely the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement (CMA).

Essential elements

The Paris Agreement, adopted through Decision 1/CP.21, addresses crucial areas necessary to combat climate change. Some of the key aspects of the agreement are set out below:

Long-term temperature goal (Art. 2) – The Paris Agreement, in seeking to strengthen the global response to climate change, reaffirms the goal of limiting global temperature increase to well below 2 degrees Celsius, while pursuing efforts to limit the increase to 1.5 degrees.

Global peaking (Art. 4) –To achieve this temperature goal, Parties aim to reach global peaking of greenhouse gas emissions as soon as possible, recognising peaking will take longer for developing country Parties, so as to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of the century.

Mitigation (Art. 4) – The Paris Agreement establishes binding commitments by all Parties to prepare, communicate and maintain a nationally determined contribution (NDC) and to pursue domestic measures to achieve them. It also prescribes that Parties shall communicate their NDCs every five years and provide information necessary for clarity and transparency. 

To set a firm foundation for higher ambition, each successive NDC will represent a progression beyond the previous one and reflect the highest possible ambition. Developed countries should continue to take the lead by undertaking absolute economy-wide reduction targets, while developing countries should continue enhancing their mitigation efforts, and are encouraged to move toward economy-wide targets over time in the light of different national circumstances.

Sinks and reservoirs (Art. 5) –The Paris Agreement also encourages Parties to conserve and enhance, as appropriate, sinks and reservoirs of greenhouse gases as referred to in Article 4, paragraph 1(d) of the Convention, including forests.

Market and non-markets (Art. 6) – The Paris Agreement establishes a mechanism to contribute to the mitigation of greenhouse gas emissions and support sustainable development, as well as defining a framework for non-market approaches to sustainable development.

Adaptation (Art. 7) – The Paris Agreement establishes a global goal to significantly strengthen national adaptation efforts – enhancing adaptive capacity, strengthening resilience and reduction of vulnerability to climate change – through support and international cooperation. It also recognises that adaptation is a global challenge faced by all. All Parties should submit and update periodically an adaptation communication on their priorities, implementation and support needs, plans and actions. Developing country Parties will receive enhanced support for adaptation actions.

Loss and damage (Art. 8) – The Paris Agreement significantly enhances the Warsaw International Mechanism on Loss and Damage, which will develop approaches to help vulnerable countries cope with the adverse effects of climate change, including extreme weather events and slow-onset events such as sea-level rise. The Agreement now provides a framework for Parties to enhance understanding, action and support with regard to loss and damage.

Support (Art. 9, 10 and 11) – The Paris Agreement reaffirms the obligations of developed countries to support the efforts of developing country Parties to build clean, climate-resilient futures, while for the first time encouraging voluntary contributions by other Parties. Provision of resources should also aim to achieve a balance between adaptation and mitigation. In addition to reporting on finance already provided, developed country Parties commit to submit indicative information on future support every two years, including projected levels of public finance. 

The agreement also provides that the Financial Mechanism of the Convention, including the Green Climate Fund (GCF), shall serve the Agreement. International cooperation on climate-safe technology development and transfer and building capacity in the developing world are also strengthened: a technology framework is established under the agreement and capacity building activities will be enhanced through, inter alia, enhanced support for capacity building actions in developing country Parties and appropriate institutional arrangements.

Transparency (Art. 13) – The Paris Agreement relies on a robust transparency and accounting system to provide clarity on action and support by Parties, with flexibility for their differing capabilities. In addition to reporting information on mitigation, adaptation and support, the agreement requires that the information submitted by each Party undergoes international review. The Agreement also includes a mechanism that will facilitate implementation and promote compliance in a non-adversarial and non-punitive manner, and will report annually to the COP.

Global Stocktake (Art. 14) – A “global stocktake”, to take place in 2023 and every 5 years thereafter, will assess collective progress toward meeting the purpose of the Agreement in a comprehensive and facilitative manner. Its outcomes will inform Parties in updating and enhancing their actions and support and enhancing international cooperation.

Decision 1/CP.21 also sets out a number of measures to enhance action prior to 2020, including strengthening the technical examination process, enhancement of provision of urgent finance, technology and support and measures to strengthen high-level engagement.

The decision also welcomed the efforts of all non-Party stakeholders to address and respond to climate change, including those of civil society, the private sector, financial institutions, cities and other sub-national authorities. These stakeholders were requested to scale up their efforts and showcase them via the Non-State Actor Zone for Climate Action platform (link to http://climateaction.unfccc.int/.). Parties also recognised the need to strengthen the knowledge, technologies, practices and efforts of local communities and indigenous peoples, as well as the important role of providing incentives through tools such as domestic policies and carbon pricing.

Official background

Parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement by decision 1/CP.21, at the twenty-first session of the Conference of the Parties held in Paris, France, in December 2015.

On 1 March 2016, the UNFCCC Executive Secretary transmitted the authentic text of the Paris Agreement, in Arabic, Chinese, English, French, Russian and Spanish, as contained in document FCCC/CP/2015/10/Add.1, to the Secretary-General of the United Nations in his capacity as Depositary pursuant to Article 26 of the Paris Agreement.

On 17 March 2016, the Secretary-General of the United Nations, acting in his capacity as Depositary of the Paris Agreement, transmitted certified true copies of the Agreement to all Member States of the United Nations and Parties to the Convention.

The Paris Agreement was opened for signature on 22 April 2016 at a high-level signature ceremony convened by the Secretary General in New York. At that ceremony, 174 States and the European Union signed the agreement and 15 States also deposited their instruments of ratification.

As of 7 September 2016, there are 180 signatories to the Paris Agreement. Of these, 27 States have also deposited their instruments of ratification, acceptance or approval accounting in total for 39.08 % of the total global greenhouse gas emissions.

Arrangements for signature

The Paris Agreement was opened for signature at the United Nations Headquarters in New York on 22 April 2016 and will remain open until 21 April 2017, in accordance with Article 20, paragraph 1, of the Paris Agreement.

Further to an invitation by the COP, the Secretary-General convened a high-level signature ceremony for the Paris Agreement on 22 April 2016. The COP invited all Parties to the Convention to sign the Agreement at this ceremony, or at their earliest opportunity. 

Entry into force

In accordance with Article 21, paragraph 1, of the Paris Agreement, the Agreement shall enter into force on the thirtieth day after the date on which at least 55 Parties to the Convention accounting in total for at least an estimated 55 % of the total global greenhouse gas emissions have deposited their instruments of ratification, acceptance, approval or accession with the Depositary.

The COP requested the secretariat, solely for the purpose of determining entry into force of the Paris Agreement, to make available on the website information on the most up-to-date total and per cent of greenhouse gas emissions communicated by Parties to the Convention in their national communications, greenhouse gas inventory reports, biennial reports or biennial update reports. This information is contained in a table set out in Annex I to the report of COP 21 and can be found in the second box on the right.

Furthermore, by decision 1/CP.21, paragraph 5, the COP recognised that Parties may provisionally apply all of the provisions of the Agreement pending its entry into force and requested Parties to provide any such provisional application to the Depositary. The Treaty Section of the United Nations Office of Legal Affairs provides technical assistance to Parties regarding international procedures for ratification, acceptance, approval and accession

First nationally determined contribution

By decision 1/CP.21, paragraph 22, the COP invited Parties to communicate their first nationally determined contribution (NDC) no later than when the Party submits its respective instrument of ratification, acceptance, approval or accession. If a Party has communicated an intended nationally determined contribution (INDC) prior to joining the Agreement, that Party shall be considered to have satisfied this provision unless that Party decides otherwise. Further information be found here.

PM moves Paris Agreement ratification

Prime Minister Ranil Wickremesinghe has moved the Ratification of the Paris Agreement on the United Nations Framework Convention on Climate Change. While stating that the Government was committed to green sustainable development, the Prime Minister went on to say the Government had approved a Sustainable Development Council Bill and that it had been referred to Provincial Councils for review and observations. 

He assured the House that following review by the Provincial Councils, the Government would hold a debate on the Bill and then enact it in Parliament. Once the Bill was enacted a Ministry of Sustainable Development would be set up, which would carry out future green projects and draw up new plans.

The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

According to Article 4 paragraph 2 Paris Agreement, each Party shall prepare, communicate and maintain successive nationally determined contributions (NDCs) that it intends to achieve. Parties shall pursue domestic mitigation measures, with the aim of achieving the objectives of such contributions.

Furthermore in accordance with Article 4 paragraph 12 of the Agreement, NDCs communicated by Parties shall be recorded in a public registry maintained by the secretariat.

The COP, by its decision 1/CP.21, paragraph 29, requested the Subsidiary Body for Implementation (SBI) to develop modalities and procedures for the operation and use of the public registry referred to in Article 4, paragraph 12, of the Paris Agreement, for consideration and adoption by the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement (CMA) at its first session.

The interim NDC registry

Decision 1/CP.21, paragraph 30 requested the secretariat to make available an interim public registry in the first half of 2016 for the recording of NDCs submitted in accordance with Article 4 of the Paris Agreement, pending the adoption by the CMA of the modalities and procedures referred to in paragraph 29.

The interim registry is publicly accessible platform which records NDCs pursuant to Article 4, paragraph 2 of the Paris Agreement.

Further development of the registry will proceed in accordance with the modalities and procedures to be agreed by the SBI.

Communication of first NDCs

By its decision 1/CP.21, paragraph 22, the Conference of the Parties (COP) invited Parties to communicate their first NDC no later than when the Party submits its respective instrument of ratification, acceptance, approval or accession of the Paris Agreement. In the same paragraph, the COP further stated that if a Party has communicated an INDC prior to joining the Agreement, that Party shall be considered to have satisfied the provision of decision 1/CP.21, paragraph 22, unless that Party decides otherwise.

The following Parties have deposited an instrument of ratification, acceptance, approval or accession, and are therefore considered to have satisfied the provisions of 1/CP.21, paragraph 22. The INDCs of these Parties are available on the INDC platform: Bahamas 22/08/2016, Barbados 22/04/2016, Belize* 22/04/2016, Cameroon 29/07/2016, China 03/09/2016, Cook Island 01/09/2016, Fiji 22/04/2016, Grenada 22/04/2016, Guyana 20/05/2016, Lao People’s Democratic Republic 07/09/2016, Maldives 22/04/2016, Marshall Islands 22/04/2016, Mauritius 22/04/2016, Nauru* 22/04/2016, Norway 20/06/2016, Palau 22/04/2016, Peru25/07/2016, Samoa 22/04/2016, Seychelles 29/04/2016, Somalia 22/04/2016, St. Kitts and Nevis 22/04/2016, St. Lucia 22/04/2016, St. Vincent and the Grenadines 29/06/2016, Tuvalu 22/04/2016, United States of America 03/09/2016. 

Parties that have communicated their first NDC in accordance to 1/CP.21, paragraph 22, before depositing an instrument of ratification, acceptance, approval or accession. The Parties who have communicated their NDC before ratifying the Paris Agreement are: Panama 15/04/2016, Papua New Guinea 22/03/2016.

The Paris Agreement shall enter into force on the 30th day after the date on which at least 55 Parties to the Convention accounting in total for at least an estimated 55 % of the total global greenhouse gas emissions have deposited their instruments of ratification, acceptance, approval or accession with the Depositary.

27 Parties have ratified of 197 Parties to the Convention accounting for 39.08% of global GHG emissions.