Working document. Version of 8 September 2015 at 18:00 1. [Section A Preamble]

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1 AD HOC WORKING GROUP ON THE DURBAN PLATFORM FOR ENHANCED ACTION Secnd sessin, part ten 31 August 4 September 2015 Bnn, Germany Wrking dcument Versin f 8 September 2015 at 18:00 1 [Sectin A Preamble] Main bservatins: During the first facilitated grup meeting n Mnday, 31 August 2015, Parties highlighted the imprtance f the Preamble in framing the cntext f the draft Agreement. Many nted that preambles set underlying philsphy and serve as a tl fr implementatin. Mst agreed that the Preamble t the draft Agreement shuld be cncise, but many als emphasized that it shuld set ut key ideas and critical issues. A number f Parties cnsidered that a meaningful discussin n the preamble was premature. Others wanted t flesh ut cnceptual ideas already at this stage t be further cnsidered in the light f the utcmes f the negtiatins n their sectins. There was a general feeling that it culd als be premature t address the preambular language f Part II (draft Decisin 1/CP.21) and that mre clarity wuld be needed n the cntent f the pssible draft Decisin 1/CP.21 as well as n the number f ther relevant decisins that may be adpted at COP 21. The C-Facilitatrs nted that a range f preambular prvisins reflected in Part III f the C-Chairs Tl were referred t by Parties in their interventins. With regard t sme f thse prvisins, a certain cnvergence f views was emerging. The C-Facilitatrs identified the fllwing pssible areas fr cnsideratin and cnslidatin in the infrmal cnsultatins n Wednesday, 2 September 2015: 1. Reference t the Cnventin: as a whle/ principles/bjective (Part I, Pp1, Pp2; Part III, Pp1); 2. Glbal nature and urgency f climate change (Part III, Pp8); IPCC AR5 (Part III, Pp9), Science (Part III, Pp10); 3. Ri+20 Cnference (Part III, Pp5), Pst-2015 develpment agenda (Part III, Pp31); Sustainable scial and ecnmic develpment (Part III, Pp33); 4. Equality, envirnmental integrity and rights (Part III, Pp30); Health (Part III, Pp34); 5. Rle f private sectr in capacity-building (Part III, Pp28); Actin by nn-state actrs (Part III, Pp32); 6. Challenges faced by SIDS and LDCs (Part III, Pp29); 7. Adaptatin as a glbal challenge (Part III, Pp18), Relatinship between adaptatin and mitigatin (Part III, Pp19), Relatinship between adaptatin, mitigatin and lss and damage (Part III, Pp20), Lss and damage and adaptatin (Part III, Pp21); 8. Means f implementatin (Part III, Pp25). During the infrmal cnsultatins n Wednesday, 2 September 2015, Parties exchanged views n the cntent f the eight areas identified abve. There were suggestins t further merge sme f the areas. Sme nted that negtiatins n substantive sectins culd infrm whether there is a need t address sme f these issues in the preamble and, if s, hw they culd be framed. In this regard, issues related t the area f 1 References t prvisins and paragraph numbers refer t thse in the C-Chairs Tl f 24 July (ADP Infrmal Nte, annex II, available at < ) unless indicated therwise. 1 f 45

2 ADP 2-10 Wrking dcument adaptatin and the rle f the private sectr and nn-state actrs were identified as areas t revisit later in the cntext f the preamble. Parties agreed t further discuss the fllwing five general areas with a view t further identifying key elements and any pssible bridging r cnslidating f prvisins. The discussin als cvered issues that individual Parties r grups f Parties wished t address udder each area: 1. Reference t the Cnventin: as a whle/ principles/bjective (Part I, Pp1, Pp2; Part III, Pp1) and Means f implementatin (Part III, Pp25) (cncepts such as references t the Cnventin as a whle, t its prvisins, t the bjective r principles (all r CBDR and histrical respnsibility, means f implementatin), reference t the KP and/r COP decisins; 2. Glbal nature and urgency f climate change (Part III, Pp8), IPCC AR5 (Part III, Pp9), Science (Part III, Pp10) (cncepts such as glbal nature and urgency, slidarity, need fr actin, wide cperatin, internatinal respnse, urgency fr develped cuntries t take the lead, science and IPCC); 3. Ri+20 Cnference (Part III, Pp5), Pst-2015 develpment agenda (Part III, Pp31); Sustainable scial and ecnmic develpment (Part III, Pp33) (cncepts such as scial and ecnmic develpment, 2030 Sustainable Develpment agenda, SDGs, linkage between climate change and sustainable develpment, equitable access t sustainable develpment, equity and grwth f develping cuntry emissins, access t resurces); 4. Equality, envirnmental integrity and rights (Part III, Pp30); and Health (Part III, Pp34) (cncepts such as envirnmental integrity, ecsystems integrity, integrity f Mther Earth, gender, just transitin, human rights, including indigenus peples rights, health); 5. Challenges faced by SIDS and LDCs (Part III, Pp29). The C-Facilitatrs invited Parties t submit inputs and prpsals aiming t identify bridging ptins r texts fr cnslidatin f varius elements within the five identified areas. A number f such inputs were received frm Parties and were made available as a cmpilatin n the sessin s web page. Based n the discussins in the facilitated grup and the inputs received, the C-Facilitatrs prepared a Nn-paper n elements f pssible draft prvisins addressing the five areas identified abve. 2 The Nnpaper cntained C-Facilitatrs wn attempts at demnstrating hw sme f the cncepts discussed during the week culd flw in a preambular language. The Nn-paper des nt reflect any particular views f a Party r a grup f Parties, nr any cnsensus n the issues discussed and therefre has n frmal status in the prcess and is attached here fr infrmatin nly. The C-Facilitatrs Nn-paper was made available fr initial reactins by Parties at the facilitated grup meeting n Friday afternn. While a number f Parties thanked the C-Facilitatrs fr the effrt, mst Parties emphasized that the Nn-paper did nt reflect all the views f the Parties. Parties als nted that while the discussins n the elements f the Preamble during the sessin were cnstructive, they did nt have time t fully explre all the elements. Sme Parties nted that the elements discussed during the week, including areas addressed, shuld be carried frward t the next sessin f 45

3 ADP 2-10 Wrking dcument ANNEX Illustratin f hw sme f the draft prvisins fr the Preamble f the draft agreement might flw Nn-Paper by C-Facilitatrs Fr infrmatin nly 4 September 2015 The Parties t this [Agreement], Being guided by the prvisins f the Cnventin and, in particular, the principles set ut in its Article 3, Cnscius that the glbal nature and urgency f climate change call fr all Parties t demnstrate slidarity and cperatin and t prvide fr an effective and apprpriate internatinal respnse guided by the best available science, including assessment reprts f the Intergvernmental Panel n Climate Change, Recalling the utcmes f the Ri+20 Cnference entitled The future we want [and the UN 2030 agenda fr sustainable develpment], 3 Recgnizing that respnses t climate change need t be crdinated with the gals f sustainable scial and ecnmic develpment in an integrated manner, taking int accunt the right t equitable access f develping cuntries, in particular the least develped cuntries, small island develping States and cuntries in Africa, t sustainable develpment, and t the achievement f ecnmic grwth, and pverty eradicatin, Acknwledging that actin t address climate change shuld take int accunt envirnmental integrity, the integrity f ecsystems and that f Mther Earth 4, fully respect human rights 5, the right t develpment, the rights f indigenus peples 6, gender equality and human health as well as prmte a just transitin f the wrkfrce and the creatin f decent wrk in accrdance with natinally defined develpment pririties and strategies, Taking full accunt f the specific needs and special situatins f the least develped cuntries and small island develping States arising frm adverse impacts f climate change. [ any elements t be brught in at a later stage based n the utcmes f the negtiatins n ther sectins] Pursuant t the mandate adpted by decisin 1/CP.17 f the Cnference f the Parties t the Cnventin at its seventeenth meeting, Have agreed as fllws: 3 Fllwing the expected adptin f the 2030 agenda later in September 2015 precise language n the link between climate change and sustainable develpment culd be further cnsidered at ADP Language frm Decisin 1/CP.18, paragraph 2. 5 Language frm Decisin 1/CP Language frm, e.g., Decisin 1/CP.16, paragraph 2 (c). 3 f 45

4 ADP 2-10 Wrking dcument [Sectin C General/Objective] Main bservatins: Parties expressed their appreciatin t the C-Facilitatrs fr the tl which was presented as input t the meeting, which was cnsidered as a useful framewrk fr further cnsideratin f the issues raised by Parties. Parties cnsidered that the tl captured the list f key issues raised by Parties. A number f changes were suggested t the presentatin f the issues ensure cnsistency between the tables and with previus decisins f the COP. Hwever, divergent views were expressed n the C-Facilitatrs indicative allcatin f issues between the draft Agreement and draft Decisin, in particular with regard t issues related t gender and human rights, pursuit f lw-emissin and climate-resilient ecnmies, and recgnitin f linkages between types f actin and between actin and supprt. The C-Facilitatrs undertk t update the tl t reflect these bservatins regarding cnsistency. This revisin is cntained in the tables belw. Hwever, due t the divergent views n the placement f these issues, the C-Facilitatrs have nt updated the placement frm the riginal tl. Inputs received frm Parties have been cmpiled by the secretariat and are available n the UNFCCC website. 7 Thse Parties that expressed a preference fr Optin II f the tl expressed cncern that further discussin f this ptin may verlap with nging discussin n the preamble. The C-Facilitatrs nted these verlaps and t keep the relevant C-Facilitatrs infrmed f the issue. In the light f these cncerns, mst discussin fcused n Optin I f the tl. Specific discussin n Objective Main bservatins: Many Parties cnsidered that it wuld be preferable t refer t Article 2 f the Cnventin withut reprducing it in full r translating it in specific cntexts. Sme Parties requested specific reference t sustainable develpment, pverty eradicatin and fd security. Many Parties cnsidered that the bjective shuld include a reference t the limitatin f temperature increase, with sme nting in additin that such a reference must respect the cntext f that aim. Sme Parties emphasized that the bjective must establish a purpse fr actin and describe a pathway twards the achievement f that purpse. Other Parties added that this must acknwledge the linkages between areas f actin and between actin and supprt. Sme Parties emphasized the need fr the bjective t underline the imprtance f actin and transmit a transfrmatinal visin fr actin t address climate change. Sme Parties expressed cncerns that the extended list f issues prpsed t be addressed in the bjective culd result in an verly cmplex prvisin verlapping with ther perative prvisins and that this may lead t cmpeting interpretatins during the perid f implementatin. Discussin n Principles Main bservatins: Many Parties indicated the need t reference equity and CBDR&RC, the special circumstances f the particularly vulnerable, human rights and gender, and the integrity f Mther Earth. Sme Parties indicated that ambitin and prgressin f actin were verarching principles and apply t all actin under the draft Agreement, rather than t mitigatin nly, as currently reflected in the C-Chairs Tl. One Party queried the ratinale fr referencing human rights in the cntext f the draft Agreement and suggested that the draft Agreement be gender respnsive. A grup f Parties highlighted the principle f cst-effectiveness. Anther grup f Parties highlighted the principle f intergeneratinal equity. One Party suggested making reference t climate justice. Many Parties nted that the discussin n principles verlapped with earlier discussins n the preamble and cnsidered that, while many f the principles culd be referred t in the draft Agreement, the preamble wuld be the mst apprpriate lcatin. 7 Available at < 4 f 45

5 ADP 2-10 Wrking dcument Discussin n General Obligatins Main bservatins: Parties nted that the issue f general bligatins may need t be cnsidered in the cntext f the bligatins f Parties arising in ther sectins f the text. Parties expressed cncern at references t nn-state actrs in the preambular r perative cntent f the draft Agreement between State Parties. Further bservatins and ntes f the C-Facilitatrs: The C-Facilitatrs nted that bjectives are als cntained in ther sectins f the Tl and that the evlutin f these discussins may have an impact n the develpment f any verall bjective. 5 f 45

6 ADP 2-10 Wrking dcument Overview f narratives C-Facilitatrs Tl Optin I Objective: - Full, effective and sustained implementatin f the Cnventin - Reference t Article 2 f the Cnventin - Reference t the lng-term limit t increase in glbal temperature - Rules based - Achieving net-zer emissins and climate resilience - Linkages between mitigatin, adaptatin and lss and damage - Linkages between actin and supprt Principles: - Equity and CBDR/RC, in light f different natinal circumstances - Special circumstances f the particularly vulnerable - Gender, human rights and the integrity f Mther Earth Optin II Preamble: - Article 2 f the Cnventin - Lw emissin, climate resilient - Linkages between mitigatin, adaptatin and lss and damage - Engagement f nn-state actrs General Prvisins: - Individual effrts/obligatins - Engagement f nn-state actrs Optin I (perative prvisins) Elements f a negtiating text fr draft Agreement Objective: [The bjective f this Agreement is t further enhance the full, effective and sustained implementatin f the Cnventin in rder t achieve its bjective as set ut in its Article 2 and t facilitate sustainable develpment cnsistent with hlding the increase in glbal average temperature belw 2 C r 1.5 C abve pre-industrial levels] Principles: [Actins t implement this Agreement shall be guided by Article 3 f the Cnventin and the fllwing: 1. Equity and cmmn but differentiated respnsibilities and respective capabilities, in light f different natinal circumstances; 2. The special circumstances and specific needs f Parties particularly vulnerable t the adverse effects f climate change, especially the LDCs and SIDS;] Elements f a negtiating text fr COP draft Decisin/preamble Aiming t strengthen the multilateral rules-based regime, Encuraging the pursuit f [lw greenhuse gas, climateresilient ecnmies and scieties][net-zer greenhuse gas emissins and maintaining and increasing resilience t the adverse effects f climate change], Acknwledges that there is an integral relatinship between the level f mitigatin actin and the extent f the effrts that will be required t adapt t climate change and address lss and damage; Acknwledges the relatinship between realizing the highest level f ambitin and the mbilizatin f adequate resurces and prvisin f supprt; [Agrees that the implementatin f the Agreement shall be guided by respect fr: a. The prtectin, prmtin and fulfilment f human rights fr all; b. Gender [equality][respnsiveness] and the full and equal participatin f wmen in all climate actins and decisin-making prcesses; c. The integrity f Mther Earth; ] 6 f 45

7 ADP 2-10 Wrking dcument Individual effrts: [Optin 1: All Parties [shall][shuld][ther] prepare, maintain, cmmunicate and implement [cmmitments] [cntributins] in accrdance with the prvisins f this Agreement; such [cmmitments] [cntributins] are t be cnsidered, [frmalized] [finalized] and reviewed in accrdance the relevant prvisins. Optin 2: All develped cuntry Parties shall prepare, cmmunicate, implement and enhance cmmitments n mitigatin and prvisin f finance, technlgy and capacity-building supprt t develping cuntry Parties. Develping cuntry Parties will prepare, cmmunicate and implement enhanced actins n mitigatin and adaptatin, in the cntext f sustainable develpment, premised n an enhanced prvisin f finance, technlgy and capacity-building supprt by [develped cuntry Parties] [Parties included in annex Y]. Optin 3: Parties [shall][shuld][ther] enhance their actins and cntributins in accrdance with Article 4 f the Cnventin.] [Encurages][Invites] all actrs, including civil sciety, the private sectr, financial institutins, cities and ther subnatinal authrities, lcal cmmunities and indigenus peples, t scale up their actins and prvide further pprtunities fr Parties t reduce emissins and/r t decrease vulnerability and build resilience t the adverse effects f climate change; Optin II (preambular prvisins) Elements f a negtiating text fr draft Agreement Preamble Guided by the bjective f the Cnventin as set ut in its Article 2, Reaffirming the imprtance f hlding the increase in glbal average temperature belw 2 C r 1.5 C abve pre-industrial levels, Elements f a negtiating text fr COP draft Decisin/preamble Aiming t strengthen the multilateral rules-based regime, Encuraging the pursuit f [lw greenhuse gas, climateresilient ecnmies and scieties][net-zer greenhuse gas emissins and maintaining and increasing resilience t the adverse effects f climate change], Acknwledging the integral relatinship between the level f mitigatin actin and the extent f the effrts that will be required t adapt t climate change and address lss and damage, 7 f 45

8 ADP 2-10 Wrking dcument Main bservatins: [Sectin D Mitigatin] Based n the cntents f the C-Chairs Tl, the facilitated grup cmpleted a rund f views n which prvisins shuld cmprise the mitigatin sectin f the draft Agreement. It als addressed elements with a view t deepening cmmn understanding f the cncepts cntained in the C-Chairs Tl and their rle in the ADP utcme. Sme f these elements where discussed in infrmal meetings. The facilitated grup discussed nly issues that are currently placed in the mitigatin sectin. Hwever, many grups and Parties wanted a cmplete picture f all bligatins linked t mitigatin t be placed in the mitigatin sectin. Thse grups and Parties nted that the prcess f submitting, husing, reviewing and updating [cmmitments][cntributins][actins], relevant aspects f time frames and accunting are key elements f the mitigatin stryline and shuld be brught int this sectin. Building n the verview f what Parties see as elements f the draft agreement and the draft decisin r decisins t be adpted in Paris, the facilitated grup identified elements that are subject t further negtiatins but enjy brad supprt t be included in the ADP utcme, and elements whse inclusin requires further cnsideratin. These are set ut belw, with a summary f specific cnsideratins where thse issues were specifically discussed. Elements f the ADP utcme n mitigatin 8 : Elements with brad supprt t be included in the ADP utcme: Cllective effrts; In cnsidering Cllective Effrts, based n the text cntained in Article 3 f Part I f the C- Chairs Tl, the grup identified three cncepts cntained in this article: 1) a cllective cmmitment (e.g. all Parties shall r shuld enhance mitigatin effrts, make individual effrts, cperate); 2) differentiatin (e.g. references t Article 4 f the Cnventin, CBDR&RC, equity, grups f Parties, supprt); and 3) a directin f travel (e.g. references t the lng-term temperature limit, achieving lng-term emissins reductins, glbal peaking f emissins as sn as pssible, an emissin budget, climate neutrality by the end f the century, reflecting latest science and zer net emissin pathways). Sme Parties cnsidered that a cllective cmmitment wuld apply equally t all Parties and, therefre, n references t differentiatin are required. Other Parties saw this cllective cmmitment as a framing prvisin and, therefre, wuld require a reference t differentiatin. A few Parties were f the view that there is n need t include a prvisin n cllective effrts in the ADP utcme and that the individual cmmitment fr each Party is sufficient. With regards t the directin f travel, sme Parties nted that the lng-term temperature limit is relevant fr ther sectins and, therefre, shuld be cntained in the general/bjective sectin (sectin C). Other Parties expressed the view that the general bjective shuld be further peratinalized by a mitigatin-specific bjective. That mitigatin-specific bjective wuld address quantifiable aspects such as, fr example, peaking f emissins, an emissins budget, GHG neutrality r carbn neutrality. A few Parties indicated that sme f the ptins fr the directin f travel are nt well understd and wuld need t be defined. One Party made a prpsal t use the cllective effrt as a chapeau fr the individual effrt. Individual effrts; The infrmal meeting n differentiatin wrked t identify the different ways fr expressing differentiatin with regard t individual effrts. The infrmal meeting wrked n a table, the final versin f which is appended as annex 1 t this sectin f the Wrking dcument. 8 Numbering f prvisins reflects the numbering in the C-Chairs Tl f 24 July (ADP Infrmal Nte, annex II, available at < ). 8 f 45

9 ADP 2-10 Wrking dcument The facilitated grup cnsidered ther aspects f individual effrts nt addressed in the infrmal meeting. First, it identified tw appraches t individual effrts: the individual effrt relates t mitigatin, adaptatin and supprt and wuld thus have t be addressed in the general sectin; r, the individual effrt is mitigatin-fcused and shuld therefre be addressed in the mitigatin sectin. In this view, there wuld als be individual effrts as t adaptatin and supprt. Many Parties referred t the need t specify the cre bligatin f mitigatin thrugh verbs such as prepare, cmmunicate, implement, maintain, reprt and achieve r fulfil mitigatin [cmmitments] [cntributins] [actins]. A few Parties indicated they wuld nt agree with the verbs maintain and fulfil. One Party nted that if all Parties t the new agreement have an bligatin t maintain a cntributin at all times, participatin in the new agreement may nt be universal. Several Parties nted the imprtance f differentiatin and equity fr individual effrts. One Party made a prpsal fr a specific annex. Many Parties nted the imprtance f individual effrts being expressed as specific t mitigatin. Many grups/parties nted that key features t be captured in the draft agreement wuld need t include: quantifiability (with sme Parties saying this shuld nt be mandatry); cmparability; aggregability ; that each cntributin wuld need an uncnditinal element (with sme Parties nting nt all Parties wuld be able t d this); a lng-term trajectry (with sme Parties nting this shuld be addressed later in decisins); and binding upfrnt infrmatin (with ther Parties saying this shuld be addressed in the transparency sectin). Sme Parties nted that the Gverning Bdy shuld further utline these features. Many Parties nted that the agreement shuld address the issues f husing, time frames/update f cmmitments as well as accunting in the cntext f mitigatin. Ambitin and prgressin; Implementing jintly; The facilitated grup endrsed the prpsal develped in the infrmal meeting n implementing jintly t retain the first cncept cntained within Article 5 f Part I f the C-Chairs Tl, which states that Parties, including reginal ecnmic integratin rganizatins and their member States, may prepare, cmmunicate and [/r] implement [their] mitigatin [cmmitments][cntributins][actins] jintly. Sme Parties nted this will need further peratinalizatin based n the language currently in Part III f the C-Chairs Tl. Parties agreed that the ther cncepts cntained in Article 5 f Part I f the C-Chairs Tl relating t cperative arrangements shuld be kept separate. Flexibility fr LDCs/SIDS. Elements whse inclusin requires further cnsideratin: Markets; This infrmal meeting n markets primarily addressed paragraphs 9 and 78 f Part II and Articles/paragraphs f Part III f the C-Chairs Tl. The reprt f the facilitatr fr this infrmal meeting is appended as annex 2 t this sectin f the Wrking dcument. In additin, after the reprt t the facilitated grup, ne Party requested the C-Facilitatrs t cnsider including nn-market mechanisms, nting that REDD plus activities are a nn-market mechanism. Anther Party nted that the infrmal meeting fcussed n the need fr a prvisin in the agreement relating t transfer f mitigatin utcmes and the need t manage such transfers that in manner that enhances envirnmental integrity. Nn-markets (Jint Mitigatin and Adaptatin Appraches and Cperative Mechanism (Sustainable Develpment)); The infrmal meeting n this element primarily addressed paragraphs 10 and 29 f Part II, and Article/paragraph 20 f Part III f the C-Chairs Tl. The cnslidated reprt f the facilitatr fr this infrmal meeting is appended as annex 3 f this sectin f the Wrking dcument. Actins in the Land Use Sectr and REDD plus activities ; 9 f 45

10 ADP 2-10 Wrking dcument The infrmal meeting n this element primarily addressed Article/paragraph 21 f Part III, and paragraphs 11 and 12 f Part II f the C-Chairs Tl. The reprt f the facilitatr f this infrmal meeting is appended as annex 4 f this sectin f the Wrking dcument. Respnse Measures; The infrmal meeting n this element primarily addressed Article/paragraph 25 f Part III f the C-Chairs Tl. The infrmal meeting wrked n a summary f aspects. That summary, as mdified by the facilitated grup, is appended as annex 5 t this sectin f the Wrking dcument. Internatinal Transprt. Decisins Parties expressed views n hw the draft Decisin 1/CP.21 shuld be develped, with the fllwing issues raised by a number f Parties: The need t identify which substantive decisin prvisins wuld be needed, including fllw-up actin in relatin t intended natinally determined cntributins; The need fr wrk prgrammes t elabrate prvisins f the draft Agreement and develp further guidance. 10 f 45

11 ADP 2-10 Wrking dcument Annex 1 Handut by the facilitatr f the infrmal meeting n differentiatin fr the facilitated grup n Mitigatin The fcus f the spin-ff grup n differentiatin is Article 4, part I, f the C-Chairs Tl. The fllwing issues were nt part f the scpe and will be taken up in the discussins n sectins D and J: Legal nature: [shall][shuld][ther], [cmmitments][cntributins][actins] (CCA) Verbs: prepare, frmulate, cmmunicate, maintain, implement, enhance, regularly update, submit fr assessment, Husing f [cmmitments][cntributins][actins] Design features Nte: Tw cre appraches t differentiatin identified were 1) self-differentiatin and 2) thse based n tw categries. Parties als referred t Article 4 f the UNFCCC but have different readings f its implicatins fr differentiatin. Categries culd be implicit r explicit. Pssible ways t Surce Example 10 f text illustrating this way differentiate 9 Nuanced 11 selfdifferentiatin Reference t Cnventin, all Parties Part I, Art. 4 Part I, Art. 4 Part I, Art. 4 Optin 2: Each Party shall cmmunicate and maintain a natinal schedule 12 setting ut the effrts t reduce r limit GHG emissins that the Party intends t implement. {para 21 pt 5 (chapeau) GNT} [Optin 1: [Each Party][All Parties] [shall][shuld][ther] [prepare,] [cmmunicate,] [implement,] [maintain [at all times]] [successive] [prpsed] [natinally determined] mitigatin [cmmitments][cntributins][actins][[, thrugh successive and cntinuus cmmitment cycles with a cmmn time frame, t be defined] in accrdance with the prvisins f sectin J]. {parts f para 21 pt 1 (chapeau), pt 2 (chapeau) and 4 (chapeau), para 26 and 27 pt 1 GNT} Optin 3: In accrdance with the principles f the Cnventin and its Article 4 13, all Parties, taking int accunt their cmmn but differentiated respnsibilities and their specific natinal and reginal develpment pririties, bjectives and circumstances, shall enhance the implementatin f their cmmitments under Article 4, paragraph 1, f the Cnventin including thrugh: {parts f para 21 pt 1 (chapeau), and pt 6 (chapeau) GNT} 9 The ways are nt nt mutually exclusive, but aiming t present ways t reflect differentiatin f individual effrts n mitigatin. 10 This list is nt cmprehensive and nly lists ne example fr each way f expressing differentiatin. 11 The degree f nuance depends n the chice f mdulatrs 12 Sme read natinal schedules as implying differentiatin thrugh natinal determinatin; thers read it as all Parties have the same type f CCA, a schedule. 13 Sme read references t Article 4 as a whle as implying differentiatin based n categries. Others that references t Article 4.1 nly is undifferentiated. 11 f 45

12 ADP 2-10 Wrking dcument Based n tw categries, develped and develping cuntries Part III, Art. 7 Optin In accrdance with Article 4, paragraphs 1, 3, 4, 5 and 7, f the Cnventin, develping cuntry Parties shuld cmmit t undertake diversified enhanced mitigatin actins during the perid Such natinally-determined diversified enhanced mitigatin actins may be based n and be mre ambitius than their NAMAs under the Bali Actin Plan. They may include, inter alia, relative emissin reductins; intensity targets; REDD-plus activities and ther plans, prgrammes and plicies; jint mitigatin and adaptatin appraches; net avided emissins, r be manifested as adaptatin c-benefits, in accrdance with the Parties special circumstances and specific needs. They will be cmmunicated and implemented in the cntext f sustainable develpment, subject t and enabled by the prvisin f adequate finance, technlgy and capacity-building supprt frm develped cuntries in accrdance with Article 4, paragraph 7, f the Cnventin, in a measurable, reprtable, and verifiable manner. {para 21.5 pt 3 GNT} 7.2 In accrdance with Article 4, paragraph 2, f the Cnventin, develped cuntry Parties shall cmmit t undertake abslute emissin reductin targets during the perid in accrdance with [a glbal emissin budget including] their histrical respnsibility, thrugh quantifiable, ecnmy-wide mitigatin targets, cvering all sectrs and all GHGs, implemented dmestically, which can be aggregated and which are cmparable, measurable, reprtable and verifiable, with the type, scpe, scale and cverage mre ambitius than thse undertaken under the Cnventin and its Kyt Prtcl during the pre-2020 perid, and cmmunicated and implemented withut any cnditins. {para 21.1 pts 5 and 6 GNT 12 f 45

13 ADP 2-10 Wrking dcument Mdulatrs (n rder f pririty) Principles f the Cnventin, CBDR&RC, in light f different natinal circumstances 2. Parties have nted that the basis fr mitigatin effrts is natinal determinatin (e.g., INDCs) 3. Special circumstances f Parties, including LDCs, SIDS, Africa.(Part III, Art. 8) 4. Develped cuntry leadership (Part III, Art 7, Optin 2). 5. Prgressin, ambitin (Part I, Art. 6 and 7) and n backsliding 6. Cnsider a glbal emissin budget t be divided amng all Parties in rder t limit glbal warming t this century belw 1.5ºC (Part III, Art. 6, ptin 3) 7. Individual effrts ver time t mve twards ecnmy-wide [cmmitments][cntributins] [actins] at sme pint in the future (Part III, Art 11); this culd happen vluntarily r thrugh criteria (Art 7, pt 4(b) vi, Part III). Cnsider that "Parties that have quantified, ecnmy-wide, abslute emissin limitatin r reductin target shuld maintain such a type. 8. Develped cuntries and develping cuntries identified implicitly r indirectly. 9. Develping cuntries eligible t receive supprt cntinue t receive supprt. 10. By type f CCA Parties [shall][shuld][ther] include ne f the fllwing ptins, in accrdance with their cmmn but differentiated respnsibilities, natinal circumstances, develpment levels and capabilities, recgnizing that the emissins f [develping cuntries][parties nt included in annex X] will grw t meet their scial and develpment needs: a quantified, ecnmy-wide, abslute emissin limitatin r reductin target in relatin t a baseline year; a quantified, ecnmy-wide emissin limitatin r reductin target relative t a prjectin f its emissins; a quantified, ecnmy-wide emissin limitatin r reductin target relative t a unit f grss dmestic prduct (GDP) in relatin t a previus year; a quantified, ecnmy-wide emissin limitatin r reductin target per capita; r nn-ecnmy-wide actins {para 21.5 pt 2 GNT} 11. All cmmn and sme additinal All Parties shall enhance their mitigatin cmmitments under Article 4, paragraph 1, f the Cnventin. Parties shall frmulate, implement, regularly update, cmmunicate and submit fr assessment natinal cmmitments t reduce GHG emissins. Parties with additinal cmmitments under Article 4, paragraph 2, f the Cnventin shall adpt cmmitments f a type, scpe, scale and cverage at least as stringent as in the previus implementatin perid.]] {para 21.5 pt 2 GNT} 14 Mdulatrs culd be used t cnstrain r mdify any f the ways abve. The list is nt cmprehensive. Nt all mdulatrs apply t all the ways t express differentiatin. 13 f 45

14 ADP 2-10 Wrking dcument Annex 2 Reprt f the facilitatr f the infrmal meeting n use f markets fr the facilitated grup n Mitigatin Sme Parties shwed their cmplete disagreement t the inclusin f market mechanisms in the agreement and set f decisins in Paris, but sme f these Parties als shwed their willingness t build bridges between psitins. Amng thse Parties engaging in the discussin that supprted market mechanisms, there were sme key shared views: Almst all Parties expressed the need fr an explicit mentin in the agreement f the pssibility f using market mechanisms that allw fr the transfer mitigatin units amng Parties. These mechanisms were called in the infrmal meeting market mechanisms, internatinal cperatin mechanisms, ecnmic mechanisms and flexible mechanisms. Parties expressed the view that these shuld be sme f the many mechanisms r appraches facilitating the implementatin f natinally determined cntributins. Accrding t sme Parties the explicit mentin f the pssibility f using these kinds f mechanisms in the agreement wuld prvide a clear and strng signal t ther key actrs and might encurage them t engage in the prcess and wuld help t imprve the quality f mitigatin units. Sme Parties als recgnized the need t describe the purpse f these mechanisms. It was als mentined that these mechanisms shuld be used nly by thse cuntries that are interested in using them, s they cannt be mandatry nr affect dmestic activities. In that regard sme Parties nted they shuld nt impse an additinal burden fr develping cuntry Parties. The need t link transparency aspects and envirnmental credibility principles with explicit mentin f these mechanisms was als stressed by sme Parties. Thse Parties see it as a way f reducing the risk f undermining envirnmental integrity and the quality f mitigatin utcmes. Sme Parties and grups made mentin f having a centralized mechanism. Sme Parties cnsidered such a mechanism culd be built upn existing appraches, including the new market mechanism Almst all Parties speaking in favur f mechanisms addressed the need fr a wrk prgramme with clear tasks addressing sme f the fllwing issues: Develping guidelines fr establishing standards, including ensuring that mitigatin utcmes were real, permanent, additinal and verified. Accunting/accuntability, including prvisins fr preventing duble cunting and develping cmmn metrics, transparency and eligibility rules, and net mitigatin. Sme Parties related this wrk t the gverning bdy fr the new agreement r t a specific bard. 14 f 45

15 ADP 2-10 Wrking dcument Annex 3 Cnslidated reprt f the facilitatr n the infrmal meeting n nn-markets fr the facilitated grup n Mitigatin During the discussins, a Party supprting nn markets circulated a paper, and a revised versin f it (bth f which can be fund n the ADP 2.10 page fr inputs frm Parties). There was a diversity f views abut this issue and n cnsensus n the ptential landing zne. Sme Parties have still dubts abut the meaning f nn-market-based appraches and als abut nn-market mechanisms. In additin, sme Parties requested mre clarity abut the link between distributin f a glbal emissin budget and the issue f nn-markets, which was pinted ut abve referenced papers. The general understanding f Parties is that nn-market appraches refer t mitigatin actins that d nt prduce units t be traded. Many Parties cnsidered that the Cnventin is nn-market based, that there are mechanisms already established by the Cnventin that are nn-market-based, and the imprtance f such mechanisms t enhance cperatin internatinally. One Party mentined that nn-markets is an issue because it is assciated with the discussin f markets and because f the emphasis n markets. Sme Parties expressed the view that balance needs t be achieved between markets and nn-markets and that nn-markets implies new ways t prvide means f implementatin. Hwever, sme Parties have difficulties t envisin a shared purpse fr markets and nn-market appraches. Parties discussed the prvisins relating t Part II f the C Chairs Tl and whether the purpse f markets and a wrk prgramme fr markets shuld be mirrred fr nn-markets. Sme Parties cnsidered there is n need t specify a use f market and nn-markets. Sme Parties said that time befre COP 21 may be t limited t have in-depth discussins and reach a cmmn understanding n the cncepts and abut the need fr specific prvisins n markets and nn-markets. Sme Parties expressed that cncepts f mitigatin and the scpe f Parties [cntributins][cmmitments][actins] may need t be understd first in rder t them t assess the rle f markets and nn-markets. One Party suggested that a hk fr multidimensinal slutins in the agreement culd be useful s that deeper discussins culd take place after Paris. One Party suggested the need t understand the linkages between nn-market-appraches, differentiatin and implementing jintly. In the secnd discussin n the tpic, Parties fcussed n whether it wuld be limiting r premature t specify particular mechanism in the agreement. Parties cnsidered what culd be the frm f a general reference in the agreement, but did nt seek t frmulate text. Sme Parties d nt want t include nn-market appraches and nn-market mechanisms in the agreement, ther Parties still want t discuss cncepts, principles and the nature abut nn-market appraches and mechanisms (such as, jint mitigatin and adaptatin (JMA), sustainable develpment). Other Parties cnsider that this is an issue that has t be integrated int the new climate agreement in a balanced manner, including the develpment f a wrk prgramme. Since nn-markets is a brad cncept, ne Party made reference t the way in which JMA has been cnsidered in the cntext f the decisin frwarded by SBSTA t COP 21 in relatin t the JMA, in rder t bring a cmparisn with this discussin. 15 f 45

16 ADP 2-10 Wrking dcument Annex 4 Reprt f the facilitatr f the infrmal meeting n land use and REDD plus activities fr the facilitated meeting n Mitigatin In relatin t Land Use issues Many Parties mentined that it is imprtant t make use f the large mitigatin ptential in land use and REDD plus activities, as als identified by the IPCC. Many Parties als nted the pprtunity this prvides fr develping cuntry Parties t cntribute, which is shwn by the large number f develping cuntries already taking actin in land use and REDD plus activities. At the same time, Parties stressed the need t take int accunt the unique features and multiple functins f land-use. In this regard, many Parties emphasized actins have t and wuld be natinally defined accrding t natinal circumstances. Issues mentined in this regard were the effect n livelihds, in particular f indigenus peple, sustainable develpment, pverty eradicatin, bidiversity, the rle fr adaptatin, and fd security. Many Parties were f the view that existing experiences and agreed prvisins shuld be taken int accunt and made use f, e.g. n GHG inventries, KP LULUCF, REDD plus activities. Sme Parties cnsidered that it was imprtant fr land use r the land sectr t be recgnized in the agreement, including as a durable signal t ther bdies under the Cnventin. Parties identified a number f linkages t ther issues being discussed, including transparency, accunting and finance. A number f Parties expressed the view that land use issues wuld be addressed implicitly by general prvisins applicable t all sectrs. Sme Parties raised strng cncerns abut singling ut a specific sectr in the mitigatin sectin f the agreement. It was als suggested that sme specific prvisins related t land use reprting and accunting might be mre apprpriate in the transparency sectin (sectin I). Flexibility and envirnmental integrity were stressed by many Parties. Cncerns were brught frward in relatin t the terminlgy f land use r land sectr, which is undefined and nt clearly understd by all Parties. Sme Parties had specific cncerns that this wuld include agriculture, and might result int trade barriers based n emissins. A prpsal supprted by sme Parties was t refer t emissins and remvals instead. Sme Parties pinted ut that the meaning and pssible inclusin f land sectr wuld be natinally determined by each Party in the preparatin f their INDC. In relatin t REDD plus activities Many Parties highlighted the existing rule set fr REDD+ and the cmpletin f SBSTA negtiatins, and that REDD+ is already ready fr implementatin. Many Parties were f the view that a specific reference t REDD+ and/r the Warsaw Framewrk fr REDD+ wuld be needed in the agreement as a plitical signal f recgnitin. Others suggested that the decisins fr REDD+ wuld cntinue and remain valid withut any reference in the new agreement, and that further discussins wuld nt be needed. A Party expressed strngly that the nly sectin were REDD+ culd be mentined wuld be under finance, but nt under mitigatin. One Party was f the view that a balance wuld be needed in treatment between REDD+ and alternative plicy appraches, such as the JMA, als recgnizing the existing status f the JMA in COP decisins. 16 f 45

17 ADP 2-10 Wrking dcument Annex 5 Summary frm the infrmal meeting n respnse measures fr the facilitated grup n Mitigatin I. Agreement: Address respnse measures Cllective effrts Individual effrts Strengthen existing institutinal arrangements Reference t Cnventin 4.8 and 4.10 Pverty eradicatin and fd security Actins t address negative impacts Enhancing the wrk prgramme and activities Acknwledging the prblems Establishment f a new institutinal arrangement II. Decisin: Establishment f an internatinal institutin The COP shall strengthen existing arrangements A permanent frum under the SBSTA Establishment f mdalities fr internatinal cperatin under the COP Identify and measures impacts and gaps in implementatin Recmmend specific actins t avid and minimize negative cnsequences N text 17 f 45

18 ADP 2-10 Wrking dcument [Sectin E Adaptatin and lss and damage] Main bservatins: The last facilitated grup n adaptatin and lss and damage at ADP 2.10 met tday frm a.m. t 11:30 a.m. Parties heard reprts frm the infrmal meetings n what Parties d n adaptatin - including cmmunicatin and n what Parties d n adaptatin - supprt. Parties then shared initial bservatins n the last remaining issue psed by the C-Facilitatrs at the utset f this sessin: institutinal arrangements n adaptatin. Sme Parties infrmed the meeting n the status f textual prpsals they are wrking n. During the week, Parties have engaged very interactively n a wide range f issues in a gd atmsphere, utlined their psitins clearly and specifically n thse issues, and furthered their understanding n each ther s prpsal, and have als reflected n many prpsals that had nt been reflected n befre in detail. This sectin reflects the reprts frm the infrmal meetings held during the sessin, as well as textual prpsals referred t at the facilitated grups by Parties. Reprts by the facilitatrs n infrmal meetings n 3 September 2015: Mr. Juli Crdan, the facilitatr f the infrmal meeting n what Parties d n adaptatin - including cmmunicatin, reprted as fllws: As a methdlgy, the facilitatr presented a list based n the C-Chairs Tl t identify pssible actins that cuntries d. That methdlgy was accepted by Parties in the spin-ff grup. There were n bjectins t the list althugh sme Parties identified elements they thught were missing, including enhancing implementatin and strengthening institutins r existing mandates f framewrks. The methdlgy als cnsidered very imprtant elements such as references t principles f the Cnventin and sustainable develpment that are very imprtant t this matter, but that are cnceptually different t what Parties d in this cntext. The facilitatr suggested nt fcusing specifically n thse elements thugh Parties had the freedm t refer t them. The facilitatr identified a number f pssible areas f cnvergence, and highlighted the fllwing pints: Natinal adaptatin actins shuld be based n natinally determined and cuntry-driven prcesses, be flexible, cnsider natinal circumstances and nt be prescriptive. Flexibility is als imprtant in terms f the vehicle thrugh which t cmmunicate; A debate n hw t apply differentiatin n adaptatin actin is imprtant, but Parties need further cnsideratin t find cmmn grund n this issue; Elements such as c-benefits and mitigatin adaptatin synergies are imprtant.; Mnitring and evaluatin shuld be a flexible and party-driven mechanism that is nt intended as an impsitin frm a higher entity r frm utside, and shuld be tailred t natinal cntext; Metrics is smething that shuld be applied at the natinal level; There was an interesting debate n why t cmmunicate. The reasns identified by sme Parties included that the cmmunicatin f adaptatin effrt can be an additinal platfrm fr sharing infrmatin and learning frm each ther, including infrmatin n supprt n adaptatin, as well as fr gaining recgnitin; There was a clear visin that adaptatin is a cmmn effrt, is in the interest f everybdy and is nt restricted t a grup f cuntries. The facilitatr stated that mre refinement and wrk needs t be undertaken n these elements but verall the grup made sme gd prgress. 18 f 45

19 ADP 2-10 Wrking dcument Fllwing the reprt, reservatins were expressed arund the idea f making the integratin f adaptatin int ther plans mandatry in any way. It was emphasized that integrating is ne f the things that cuntries may d, but des nt represent the way everyne shuld d adaptatin. The facilitatr f the infrmal meeting n what Parties d n adaptatin - supprt, Mr. Gttfried vn Gemmingen reprted as fllws: Parties engaged in a detailed discussin n what cuntries d n adaptatin supprt. Parties expressed appreciatin fr this imprtant first step where bth views frm finance and adaptatin were able t speak tgether. They addressed the uniqueness and imprtance f adaptatin supprt; There seemed t be sme cnvergence abut assurances fr cntinued adaptatin supprt. The need fr adequacy f adaptatin supprt and fr a balance with mitigatin supprt articulated by sme Parties may require mre discussins; Many Parties als emphasized the need fr priritizatin, in particular, f vulnerable cuntries such as LDCs and SIDS. Sme cnvergence evlved abut a pririty f public and grant-based finance in particular fr pr and vulnerable cuntries and peple; Clear psitins were expressed n surces and instruments f finance, including public and private surces and levies frm market mechanisms; There was sme discussin n what shuld guide actin, such as predictability and supprt riented t addressing the needs f vulnerable cuntries; The questin f the effectiveness f spending was als raised; A further area f cnsideratin is the need t cnsider dmestic investments by develping cuntries; There was sme cnvergence abut channeling funds thrugh existing channels under the Financial Mechanism, thrugh multilateral institutins and bilateral cperatin. In particular, the specific rles f the LDCF, AF and GCF were addressed. Many Parties included their views n what shuld be funded. A range f views were expressed abut integrating adaptatin int verall develpment planning while maintaining visibility; Funding fr NAPs and lss and damage was mentined in particular; On placement, sme cnstructive cmments and specific suggestins were made n fr placements in the respective chapters in the agreement and in the decisin. These suggestins helped t illustrate a way frward fr future text; All Parties recgnized that supprt included nt just finance, but als technlgy and capacitybuilding. Fllwing the reprt, sme reservatins and cncerns were expressed abut the discussins n adaptatin finance, including with regard t private sectr finance. Reprts by the facilitatrs n infrmal meetings n 2 September 2015 (reprted n 3 September 2015): The facilitatr f the infrmal meeting n lss and damage, Mr. Len Charles, reprted n the cncrete achievement f the meeting, which is t develp tw ptins as a basis fr negtiatin n lss and damage frm here nwards: 1. Cntaining prvisins in the: Draft Agreement fr establishing a new mechanism t take ver the peratin f the Warsaw Internatinal Mechanism after 2020, which includes a climate change displacement crdinatin facility; Draft Decisins: T peratinalize the institutins anchred in the Agreement; 19 f 45

20 ADP 2-10 Wrking dcument A clearing huse fr risk transfer schemes under the Warsaw Internatinal Mechanism; 2. Cntaining COP prvisins fr, amng thers: Recgnizing the imprtance f lss and damage; Recalling decisins 2/CP.19 and 2/CP.20; A decisin t cntinue implementing the Warsaw Internatinal Mechanism under the Cnventin; Assurances n the permanence f the Warsaw Internatinal Mechanism and f respnsiveness t the evlving cncerns and needs f the mst vulnerable cuntries; In additin, his reprt nted that: These tw textual prpsals wuld be made available befre the end f this sessin, which will serve as a basis fr negtiatin frm Bnn nwards. In respnse t a request made by a Party, the G77 and China will prvide a wrking descriptin f the prpsed climate change displacement crdinatin facility befre the ADP sessin in Octber, which will allw all Parties t further enhance their understanding f this imprtant arrangement prpsed t be established by the Paris Agreement. The C-Facilitatr, Ms. Andrea Guerrer, reprted n behalf f the facilitatr f the infrmal meeting, Mr. Richard Muyungi, n the infrmal meeting n the glbal gal n adaptatin/lng-term visin fr adaptatin/cllective effrts, as fllws: Parties engaged in a detailed and fcused discussin n the elements f the glbal gal and cllective effrts. Sme Parties utlined very clear and cncise lists f elements, which prvided a gd basis fr discussin and future drafting; Parties see these issues t be very much intercnnected with individual effrts, institutins, supprt, and mnitring and evaluatin. This makes it challenging when fcusing n drafting a mre cncise text, but als prvides an pprtunity t understand the bigger picture; Sme Parties cnsidered that having language n screen wuld make discussins mre fcused; The facilitatr summarized the meeting by reading ut the elements n which there seemed t be cnvergence in the rm: The lng-term [glbal gal][visin] fr adaptatin is t reduce vulnerability t the adverse impacts f climate change, t increase adaptive capacity, t enhance resilience, and t prtect peple, ecsystems and livelihds based n best available science; In rder t achieve the lng-term [glbal gal][visin] fr adaptatin, Parties shall cmmit t cperate by sharing knwledge, recgnizing adaptatin effrts and investments, prviding adequate supprt in the cntext f means f implementatin, imprving science, and strengthening institutins, including thse within the UNFCCC; The G77 stated that they are wrking n a prpsal n the glbal gal and cllective effrts, as well as individual effrts, and als stated that it will cnsult with ther Parties and aim t have a text ready n the mrning f 3 September. Textual prpsals Three textual prpsals were submitted by the Grup f 77 and China, the United States f America, Canada, Japan, New Zealand, Nrway and Switzerland in the curse f the week n tpics related t adaptatin and lss and damage. 20 f 45

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