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Legal and political requirements |
| Austria | Belgium | Denmark | France |
| Finland | Germany | Greece | Italy |
| Irland | Luxembourg | Netherlands | Portugal |
| Sweden | Spain | United Kingdom | The Commission |
|
Legal
requirements: a)
a decision by the Council of Ministers b)
a decision by both Chambers of Parliament c)
involvement of the 9 Bundesländer (Regional governments)
and no negative statement by any of the Bundesländer,
as the implementation of the KP falls partly within
the competence of the Bundesländer according to the
Austrian consititution. Political
requirements:
the positive conclusion of a COP laying down rules for the mechanisms, sinks and compliance which are acceptable to Austria, and a decision on the national strategy for the implementation of the KP. | |
| Legal
requirements: The
federal authority and the three regions have to give
their consent to be bound by the Protocol. Political
requirements: Substantial progress towards the adoption of CCPMs is a condition for agreeing with the conclusion by the Community of the KP. | |
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| Legal
requirements:
a Council decision for ratification by the EC. Political
requirements: - international agreement
on the rules and modalities for the implementation of
the Protocol; - implementing measures to enable fulfilment of the obligations of the Protocol by the EC. |
| Legal
requirements: Consent
of the Parliament is needed in order to enable the government
to ratify the KP. Statements from the homerules of the
Faroe Islands and Greenland should be obtained before
the reading in Danish Parliament. Political
requirements: Simultaneous
ratification by other Member States and the European
Community The
Danish position concerning the correction of base year
emissions for electricity import should be accomodated | |
| France will table its instrument
of approval at the same time as the other Member States,
by notifying simultaneously the burden sharing of emissions
reductions. | |
| Legal requirements: The Protocol has to be
approved by the Parliament. The final decision to ratify
or accept the Protocol is taken by the President of
the Republic. Necessary that a legal character shall
be given to the burden-sharing instrument, and that
the Community and the MS deposit their instruments of
ratification simultaneously with a notification of the
terms of the burden-sharing instrument. Political requirements: Important that CCPMs will
be further developed and implemented at the Community
level. | |
| The Protocol would have
constitutionally to meet full approval by Parliament,
that is both chambers. In particular the approval process
of the representation of the federal Länder can be time
consuming but most probably will not be to extensive
in this case. | |
| Legal requirements:
The Greek Parliament must do the ratification of the
KP. Political requirements:
A prerequisite for the ratification is the formulation
of a National Action Plan (NAP) for the reduction of
GHG emissions according to the targets specified for
Greece under the burden-sharing agreement. | |
| Legal
requirements: Required positive consensus by different
administrations involved in the KP. Political requirements: Positive concensus needed by the political commissions of the Parliament. |
|
Legal
and Constitutional Requirements: -
Government Decision would have to be sought for the
ratification of the Kyoto Protocol and burden sharing
agreement following inter-Ministerial consultations.
-
The terms of the agreement would have to be approved
by Parliament. Political Requirements: -
Consensus in the Environment Council that the time is
ripe for ratification by all Member States together
in accordance with the provisions of Article 4 and the
finalisation of the formal burden sharing agreement
and the finalisation of the EC Declaration of Competence
for the purposes of Article 24.3 of the Protocol.
Irish agreement within this consensus will require
political agreement at COP 6 bis, and the carrying through
of this agreement into formal Decisions texts of the
COP. | |
| Approval
by Parliament | |
| - approval by the Parliament - the completion of CoP
6+ - ratification by other
MS of the EU and the EC at the same time | |
| Political
requirements: -
Definition of a comprehensive compliance system with
clear consequences for non-compliance; -
Implementation of clear and effective rules for the
three Kyoto mechanisms; -
Environmental credibility should be ensured in the implementation
of the strategies for domestic action primarily through
the adoption of relevant policies and measures at national
level, complemented with the use of the Kyoto mechanisms.
Considering the contribution to the ultimate objective
of the Convention and to sustainable development, a
set of project activities must be agreed to give due
priority to the prompt start of CDM. -
The environmental integrity of the Protocol must be
safeguarded with a guaranty that sinks are handled in
such a way as to ensure a real net reduction in the
overall greenhouse gas emissions of the Annex I countries. Legal
requirements: General need of the national competent
authority to demonstrate that the implementation of
the Protocol corresponds with the Government Programme
and the relevant EU policies. | |
| Legal
requirements: -
agreement on basic principles by COP (translation into
legal text is not necessary) -
approval by Parliament Political
requirements: Simultaneous
ratification by other MS and the EC | |
| Legal
requirements: -
Ratification reports of all the Departments that are
involved. -
The Consejo de
Estado study the treaty and the reports and decides
whether the Parliament should authorise the ratification. -
The Council of Ministers approves the “ad referendum”
signature and, eventually, sends the treaty to the Parliament.
The Kyoto Protocol will need the previous authorisation
from the Parliament, a compulsory step that makes the
whole procedure longer. - Once the Parliament has authorised the ratification, the instrument of ratification will be elaborated and ready for its deposit. Political requirements: Spain prefers to start the ratification process once it is clear that it will be able to deliver what has been promised. It is difficult, under the current situation, to define clearly which are the commitments from the Kyoto Protocol, and how they will be fulfilled within the EU. | |
| All the legal powers must
be in place to give effect to the provisions of the
Protocol. This means that we must have published and
implemented a programme of measures to deliver our Kyoto
target and have the necessary domestic legislation in
place. |
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