1 FREEDOMS-2-5-00808802 FREEDOMS-2-5-00808802 F-2016-01355 • U S Submission on on Elements Elements of of the the 2015 2015 Agreement Agreement U S Submission Introduction Introduction •• The United United States States is is pleased pleased to to present present its itsviews views on on elements elementsof ofthe the2015 2015 The agreement •• Before turning to to specific specific elements elements we we would would like liketo to make makethree three introductory introductory Before turning COJ lments comments •• First the United United States States supports supports aa Paris Paris agreement agreementthat that reflects reflectsthe the First the seriousness and magnitude magnitude of of what what science science demands demands As As such such itItshould should be be seriousness and designed to promote promote ambitious ambitious efforts efforts by by aa broad broad range range of ofParties Parties designed to •• Second regarding the the principles principles of ofthe the Convention Convention including includingbut butnot notlimited limited Second regarding to but differentiated dlffer ntiated responsibilities responsibilities and and respective respective capabilities capabilities to common common but CBDR RC there is Is no no question question that that they they continue continue to toapply applyto tofuture future efforts efforts CBDR RC there under the Convention Convention The The issue issue is is their their meaning meaning as as we we contemplate contemplatethe the under the period immediately post-2020 post-2020 and and beyond beyond With With respect respect to to CBDR RC CBDR RCin in period immediately particular we endorse endorse the the view view that that national national efforts effortswill will be be differentiated differentiated particular we across a broad broad continuum continuum of of all all Parties Parties based based on on aa range range of offactors factors including including across a circumstances level of of development development mitigation mitigation opportunities opportuni ies capabilities capabilities circumstances level etc we would would not not support support aa bifurcated bifurcated approach approach to tothe the new new etc However However we agreement particularly one one based based on on groupings groupings that that may may have have made madesense sensein in agreement particularly 1992 that are are clearly clearly not not rational rational or or workable workable in inthe the post-2020 post-2020era era There There 1992 but but that have been and and will will continue continue to to be be dramatic dramatic and and dynamic dynamicshifts shifts in incountries' countries' have been emissions and economic economic profiles profiles that that make make such such an an approach approach untenable untenable emissions and environmentally and otherwise otherwise environmentally and •• Third the the agreement agreement will will be be aa component component of ofthe the larger larger package packageto tobe be Third adopted in Paris Paris The The agreement agreement perse per se should should be be built builtto to last last for forexample example • adopted in so that it does not not have have to to be be amended amended every every time time there there are are refinements refinementsto to so that it does will the of reporting reporting In In addition addition itit will promote promote ambition ambition ififititisisdesigned designed the details details of to sound in in the the context context of of changing changing scientific scientific economic economic and and to remain remain sound technological circumstances As As aa result result the the agreement agreementshould should include include technological circumstances provisions that among among other other things things are are sensible sensible to to include include in in an an instrument instrument provisions that I of duration Other Other provisions provisions should should be be included included in in related related instruments instruments of long long duration F-2016-01355 11 of 11 1 FREEDOMS-2-S-00808802 FREEDOMS-2-5-00808802 F-2016-01355 that are to modify over time time This This approach approach will will have have the the added added benefit benefit that are easy easy to modify over of a concise agreement that that is is more more easily easily negotiated negotiated and and of producing producing a concise agreement understood Preamble ■■ •• — — i The preamble preamble need need not not contain contain more more than than aa few few provisions prov isions The o irst should recall recall the the Convention Convention First it should o o Second provide that that the the agreement agreement is is pursuant pursuant to to the the Durban Durban Second It it should should provide o o decision that called for its negotiation negotiation Third the preamble should state state that that the the new new agreement agreement is is in in pursuit pursuit Third the preamble should of the objective set set forth forth in in Article Article 2 2 of of the the Convention Convention The The of the ultimate ultimate objective Kyoto Protocol Protocol takes takes a similar approach approach a similar o o Finally the should note note that that in in developing developing the the agreement agreement Finally the preamble preamble should the were guided guided by principles of of the the Convention Convention as as applied applied the parties parties were by the the principles to the post-2020 period Definitions •• Whether there is aa need need for for aa definitions definitions article article should should be be revisited revisited at at aa later later Whether there is stage •• There also be be aa need for clarity's clarity's sake sake to to define define terms terms that that also also appear appear There may may also need for • in the Convention For example example it ft will will likely likely need need to to be be made made clear clear that that the the in the Convention For term when used used in In the the new new agreement agreement means means Party Party to to the the new new term Party Party when agreement not the Convention Mitigation ' I •• The mitigation section of the new agreement should contain six main •• elements First ea ch Party Party to to the the new new agreement agreement should should be be required required to to maintain maintain aa First each schedule whatever other other term term is is chosen chos n that that reflects reflects its its contribution contribution to to schedule or or whatever the effort to limit reduce GHG emissions emissions the global global effort to limit reduce GH6 o should be be nationally nationally determined determined by by the the ·Party in o Contributions Contributions should Party in question taking into into account account the the factors factors it it considers considers relevant relevant e g e g F-2016-01355 2 of 11 3 FREEDOMS-2-5-00808802 FREEDOMS-2-5-00808802 F-2016-01355 national circumstances capability capability mitigation mitigation opportunities opportunities level level of of national circumstances development etc o contributions should should relate relate to to aa common common timeframe tlmeframe o Initial Initial contributions o should be be specific specific i e i e go go beyond beyond the the very verygeneral general o Contributions Contributions should commitments contained in the Convention Convention o In_general general contributions contributions would would be be expected expecte to to be be expressed expressed in in o In quantified terms terms or or if if qualitative to be be quantifiable quantifiable either either by bythe the qualitative to country or or others others in in terms terms of of its its anticipated anticipated effect on effect on overall overall emissions For countries with limited limited capabilities capabilities and and whose whose contributions to global global emissions are are not not significant significant itii may may be be more more a contribution contribution to to be be purely purely qualitative qualitative such such as as aaset set appropriate for a of in the the energy energy and or and or land-use land-use sector sector in in the the context context of ofan an of policies policies in overall analysis analysis of of opportunities opportunities available ava·ilable to to reduce reduce emissions emissions In In addition some Parties may choose choose to to supplement supplement aa quantified quantifiable contribution contribution with with other other measures measures that that will will have effect of of reducing reducing emissions emissions but but that that are are not not quantified quantified or or have the the effect quantifiable such such as as research research and and development development investments investments •■ Schedules may include Include more more·than one one mitigation mitigation contribution contribution for a hard hard cap cap in in one one sector sector with with emissions emissions that that are are for example example a easy to project an an intensity intensity target target in in another another sector sector and and policies in a third sector o efforts in in the the- land land sector sector including Including REDD REDD are are an an o Mitigation Mitigation efforts important contribution to overall ambition ambition and and would would as as appropriate be reflected in In schedules schedules o External financing financing will will continue continue after after 2020 2020 and and we we expect expect that that o External Parties taking ambitious actions in in the the context context of of effective effective enabling enabling environments will continue to to attract attract support support In In addition addition Parties Parties would continue to report on mitigation mitigation measures measures they they have have taken taken or or are that go go beyond beyond their their schedules schedules However However the the general general are taking taking that expectation should be that aa Party's Party's listed listed contribution contribution will will not not be be conditional on external support support o A Party would need need to to submit submit its its schedule schedule upon upon joining joining the the o A Party would agreement F-2016-01355 3 of Of 11 4 FREEDOMS-2-5-00808802 FREEDOMS-2-5-00808802 F-2016-01355 o It would would be be desirable desirable to to develop develop aa notional notional format format for forschedules schedules in in o It order to facilitate understanding understanding as as well well as as comparison comparison of of contributions It It could could be be part part of of the the agreement agreement in in an an annex annexor or appendix or in aa decision decision adopted adopted before before or or at atthe the same sametime time as asthe the new agreement United States States proposed proposed aa notional notionalformat format last last agreement The United fall o Schedules should should be be housed housed separately separately for for example example by bythe the Secretariat both because this this will will facilitate facilitate updating updatingover overtime timeand and because national schedules are are not not approved approved by by other other Parties Parties in in ·‘ the same sense as either provisions provisions of ofthe the agreement agreement or or decisions decisionsof of the Parties •• should be be required required to to accompany accompany its itsschedule schedulewith with Second each Party should information helps ensure ensure that that itit is is readily readily understood understood In Inother otherwords words Information that helps contributions should not not only only be be specific specific but but they they need need to to be be clear clear o Per the Warsaw outcome outcome the the FCCC FCCC parties parties will will identify identify in inthe the near nearterm term which types of information information are are necessary necessaryfor for clarity clarity transparency transparency and and understanding'' to the the submission submission of ofintended intended nationally nationally understanding in relation to determined contributions o o The same types types of of information information should should apply applyto to the the submission submission of of · The same finalized nationally determined determined contributions contributions that that are aresubmitted submittedwhen when finalized nationally countries join join the agreement agreement o The accompanying information information should should include include the relevant time period peric d year period the base year period the gases sectors covered and and the percentage of national national emissions emissions covered covered and and the the overall overall emissions reductions anticipated anticipated o If any of the following following are are applicable applicable they they should should also also be be included included if the land sector sector is included inc luded aa specification specification of of how howthe the Party Partywill will account for ail all significant significant lands lands activities activltles pools pools and and gases gases if a Party intends intends to use use market market mechanisms mechanisms aa description description of ofthe the intended use including source type source type and and how how itit intends intends to to avoid avoid double-counting F-2016-01355 4of 4 of 11 s FREEDOMS-2-5-00808802 FREEDOMS-2-S-00808802 F-2016-01355 - ' • for any any emissions emissions projection projection BAU BAU projection projection or or intensity intensitytarget target for a of the the methodology methodology and and assumptions assumptions including includlng key key a description description of data sources •• Third each each Party Party should should be be required required to to report report periodically periodicallyon on its its progress progressin in Third implementing its schedule schedule Reporting Reporting will will enhance enhance ambition ambition by by promoting promoting accountability by making making countries countries·take hard look lookat at their their inventories inventoriesand and accountability by take aa hard mitigation opportunities by by revealing revealing best best practices practices and and by by enabling enabling mitigation opportunities assessment of the the aggregate aggregate global global effort effort Reporting Reporting should should be be based basedon onaa assessment of single system with with built-in built-in flexibility flexibility In In other other words words all all Parties Partiesshould shouldbe be single system expected to follow follow the the same same set set of of agreed agreed guidelines guidelines recognizing recognizingthat thatsuch such expected to I guidelines should provide provide for for appropriate appropriate differentiation differentiation in in light lightof ofcapabilities capabilities guidelines should and circumstances The The requirement requirement to to report report should should be be in in the the agreement agreement and circumstances itself however the the guidelines guidelines should should be be contained contained in in aa decision decision of ofthe the itself however Parties given their their expected expected level level of ofdetail detail and and likely likely need need for for updating updatingover over Parties given time •• Fourth there should should be be provisions provisions regarding regarding certain certain aspects aspectsof ofaccounting accounting Fourth there o o They would woulci'apply apply to to all all Parties Parties They o o Land use use accounting accounting should should include include all all significant significant land land use usesinks sinksand and Land sources It should should also also require require aa Party Party to to take take the the same sameapproach approachin inthe the sources It base year s year s and and target target year s year s •• o o Any use use of of market market mechanisms mechanisms must must be be accounted accounted for for so so as asto toavoid avoid Any o o double-counting There should should be be no no changes changes to to baselines baselines with with respect respect to to contributions contributions There o o employing BAU Pr vlsions should allow allow for for appropriate appropriate flexibility flexibility Provisions should Fifth the agreement agreement should should provide provide for for Parties' Parties' implementation implementationof oftheir their Fifth the schedules to be be-reviewed Such reviews reviews are are essential essential they they will will enable enable other other schedules to reviewed Such Parties and the the international international community community to to know know the the extent extentto towhich which Parties and schedules are being being implemented implemented they they will will allow allow the the Parties Parties to to assess assessthe the schedules are sufficiency of of the the global global effort effort in in the the aggregate aggregate and and they theywill will provide provideaa sufficiency powerful Incentive for for Parties Parties to to engage engage in In meaningful meaningful implementation implementationof of powerful incentive · their schedules schedules Reviews Reviews should should be be based based on on aa single single system system with with F-2016-01355 5 of 11 6 FREEDOMS-2-5-00808802 FREEDQMS 2-S 00808802 ·2016-01355 P-2016-01355 appropriate differentiation provided for based on capabilities capabilities and circumstances The details should be set forth in a ·decision decision •• Finally certain steps related to mitigation will will have taken place place before before the the agreement is concluded including o ■ that FCCC Parties will will have set set forth forth their their intended intended nationally nationally that determined contributions those that are ready will have done so by the determined contributions those that are ready will have done so by the first quarter of 2015 o that they will have accompanied their contributions with clarifying clarifying information o that there will have been an opportunity for others others to analyze and pose clarifying questions questions regarding regarding such such contributions contributions before before they they are are finalized and o that FCCC Parties will will have had had an an opportunity opportunity if if they they so so choose choose to to that l adjust their contributions before finalizing them •• Although these steps will will have already taken place and and they will will therefore therefore not serve a covered by the new new · a purpose with respect to the first time period covered agreement the new new agreement should should nevertheless nevertheless make make reference reference to to such such steps The The concepts concepts reflected reflected in in such such steps steps i e i e putting putting forward forward Intended intended contributions allowing aa period for analysis by by others others etc etc wilt will have continuing value for subsequent time periods covered by by the agreement even even if the specific details are left to future decisions of the parties In In addition addition given to how the process of putting further consideration will need to be given forward·intended a period of of analysis analysis will will work work forward intended contributions and allowing for a agreement is is with respect to countries that enter the process after the agreement concluded and enters into force • There are are important open open questions questions concerning concerning the the legal legal nature nature of of mitigation mitigation contributions The Durban mandate makes clear that we are pursuing pursuing an agreement with with some kind kind of of legal legal force force but but leaves leav s for for further further discussion discussion which elements of the agreement should have which kind of legal force The Warsaw outcome also leaves open open-the nature of of mitigation the legal nature contributions F-2016-01355 F-2016-bl355 6 of Of 11 1r FREEDOMS-2-5-00808802 F-2016-01355 •• We assume assume that that certain certain elements elements set set forth forth above above will will be be internationally internationally We legally binding Including Including that that aa Party Party maintain maintain aa specific specific commitment commitmentin in aa • legally binding schedule provide provide clarifying clarifying information information report report on on implementation implementation follow follow schedule accounting pr visions and and subject subject its its implementation Implementation to to review review by by others others accounting provisions •• A key key question question however however concerns concerns the the content content of ofaa contribution contribution · A Specifically when aa party party to to the the new new agreement agreement sets sets forth forth its its nationally nationally Specifically when determined contribution in its schedule schedule what what is is its its legal legal nature nature •• One option option is is for for contributions contributions to to be be internationally internationally legally legally binding binding Another Another One option forward by by some some Parties Parties is is for for contributions contributions not notto to be be legally legally option put put forward binding the international international level level A A third third option option is Isto to meld meld the the second second option 9ptlon binding at at the with arr approach approach that that emphasizes emphasizes the the importance importance of ofthe the domestic domestic measures measures with an that a Party's Party1s international international contribution contribution and and the the legal legal force forcethat thatthey they that underpin underpin a have the domestic domestic level level e g e g laws laws regulations regulations etc etc Further Furtherconsideration consideration have at at the should be given given to to which which of of these these or or other other options options is Is likely likely to to promote promote ambitious undertakings serious serious domestic domestic implementation implementation broad broad ambitious undertakings participation and and an an agreement agreement that that can can serve serve us us in in the the long long term term Adaptation •• Adaptation will will be be an an important important component component of ofthe the Paris Paris outcome outcome Adaptation •• While vulnerability vulnerability to to climate climate change change differs differs across across countries countries communities communities While and even households households all all Parties Parties will will continue continue to to prepare prepare themselves themselves in in the the and even post 2020 era for for the the unavoidable unavoidable impacts impacts of of climate climate change change and and to to enhance enhance post'2020 era resilience in the face of of future future climate climate uncertainties uncertainties •• Adaptation actions actions are are ultimately ultimately undertaken undertaken at at the the local local level level They Theywill willvary vary Adaptation from location to to location location and and their their benefits benefits will will be be felt felt most most directly directly at atthe the from location local rather than than global global or or even even national national level level Each Each Party Partywill will therefore therefore local rather continue developing and and implementing implementing its Its adaptation adaptation plans plans and and policies policies in in aa continue developing manner that hat fits fits its its circumstances circum_ stances and and priorities priorities •• The agreement agreement should should underscore underscore the the importance importance of of Parties Parties enhancing enhancingtheir their The efforts to to F-2016-01355 7 Of of 11 a8 FREEDOMS-2-5-00808802 F-2016·01355 F-2016-01355 • • • o integrate integrate adaptation into national planning and development processes processes in in order order to to strengthen strengthen resilience resilience to to immediate immediate medium- medium- and long-term climate change impacts oo undertake undertake assessments assessments of of climate climate change change impacts impacts and and vulnerability vulnerability oo prioritize prioritize action action with with respect respect to to the the people people places places ecosystems ecosystems and and sectors are most sectors that that are most vulnerable vulnerable ·to to climate climate change change Impacts impacts o o understand the costs and benefits of of adaptation at the local level o strengthen o strengthen governance governance and and enabling enabling environments environments for for adaptation adaptation and oo monitor monitor report report evaluate evaluate and and learn learn from from adaptation adaptation plans plans policies policies and programs The agreement agreement should also stress the importance of Parties' enhancing cooperation - cooperation to to address address adaptation adaptation Such cooperation includes efforts undertaken by the subsidiary bodies The agreement should support and build on such efforts by further oo strengthening strengthening linkages linkages with with and and encouraging encouraging actions actions and and support support by by institutions and organizations outside the Convention such as those at regional national at the the regional national and and sub-national sub-national levels levels universities universities civil civil society society organizations organizations intergovernmental intergovernmental organizations organizations and and the the private sector which can private sector which can contribute contribute much-needed much-needed expertise expertise capacity and resources to advance work in the areas that Parties identify as critical o supporting the synthesis of Information information and knowledge about good adaptation practices oo supporting provision of supporting the the provision of technical technical guidance guidance on on good good adaptation adaptation practices including on integrating adaptation into national and development pla11ning planning and policies and oo improving improving national national communications communications so so that that they they can can more more effectively effectively capture and and support national adaptation planning processes and as as a a result facilitate accountability and exchange of knowledge lessons and good practices i F-2016-01355 8of 8 of 11' 11 99 FREEDOMS-2-5-00808802 FREEDOMS-2-5-00808802 F-2016-01355 - ' • Taken together together such such elements elements will will not not only onlysignificantly significantlyenhance enhancethe the Taken management of climate risks but but will will also also send send an an important importantsignal signalfor for bolder bolder action by by international international organizations organizations sub-national sub-nat onal entities entitles and and the the nonnongovernmental community Finance •• Climate Climate finance finance has has substantially substant ally evolved evolved since since the the Convention's Convention's early earlydays days InIn terms institutions itit largely largely involved involved the the GEF GEF In In terms terms of ofsources sources ititlargely largely terms of of institutions involved grant-based public public funding funding In In terms terms of of donors donors itit involved involved Annex Annex ilII involved grant-based Parties In terms terms of of purpose purpose it it was was largely largely aimed aimed at at mitigation mitigation In In terms terms of of Parties In magnitude the the scale scale was was not not extremely extremely large large In In terms terms of oftransparency transparency ititwas was not always always clear clear how how much much finance finance was was flowing flowing from from whom whom to towhom whom • Since that time almost almost every every aspect aspect of offunding funding has hasseen seen aachange change o now include include aa major major climate-dedicated climate_-dedicated fund fund the the Green Green o Institutions Institutions now Climate as well well as as the the Standing Standing Committee Committee and and the the CTC N CTC N Climate Fund Fund as o Significantly more attention attention· is is now now paid paid to to private private sources sources of of funding funding o Significantly more Including ways in in which which public public resources resources and and policies policies can can help help mobilize mobilize including ways such funding The The donor donor commitment commitment expanded expanded in ln Copenhagen Cancun Copenhagen Cancun such funding from Annex Annex II Parties Parti s to to developed developed countries countries more more generally generally o Adaptation Adaptation finance finance is is now now aa major major component component of ofclimate clhnate finance finance o o The magnitude magnitude has has greatly greatly ·increased including· fast fast start start finance finance o The increased including' between 2010-2012 At At over over $30 $30 billion billion the the amount amount delivered delivered between 2010-2012 exceeded the commitment commitment made made the the United United States States alone alone provided provided $7 5 $7 5 exceeded the billion over that th t three-year three-year period period Developed Developed country country Parties Parties are are also also billion over working hard including including in in aa coordinated coordinated· fashion fashion to to meet meet the the working hard Copenhagen goal of of collectively collectively mobilizing mobilizing $100 $100 billion billion in in Climate climate Copenhagen goal finance per year year by by 2020 2020 They They have have intensified intensified their their efforts efforts to to use use aa finance per strong core of of public public resources resources to to mobilize mobilize private private investment investment working working strong core through a variety variety of of institutions institutions including including development development finance finance through a • Institutions export export credit credit agencies agencies bilateral bllateral aid aid agencies agencies multilateral multilateral institutions development banks and and multilateral multilateral climate climate funds funds The rt e Copenhagen Copenhagen development banks goal acknowledges the the role role ·of of private private sector sector finance finance by by calling calling for for goal acknowledges F-2016-01355 9 of 11 10 13 FREEDOMS-2-5-00808802 F-2016-01355 ' mobilization rather than provision of funds They have have also laid laid the t groundwork for an ambitious and wide-ranging set of efforts efforts aimed aimed at at using public resources and smart public policies to catalyze low-carbon low-c arbon i vestment countries investment throughout the developing countries · o Transparency has greatly greatly increased Increased as as MRV MRV now now more more specifically specifically 11 addresses from whom how much over which time frame frame and to to whom The need for for transparency transp rency on on the the receiving receiving end end in in terms terms of of implementation has also increased -- with the $100b goal expressly linked to such transparency in addition to mitigation mitigation oo Finally significantly more more attention attention is Is being being paid paid to to the the creation creation of of need to take steps steps enabling environments in recipient countries i e the need to attract Investment investment •• Jhese in climate finance will continue to to be be These institutional and other advances in relevant in the post-2020 period expect even even more rereperiod Indeed indeed we can expect shaping with the increasing need to attend to the poorest and most vulnerable with with changing changing capabilities capabilities affecting affecting both both the the donor donor and and recipient recipient bases with the need to maximize the impact of public public sector resources by bv focusing on targeted targeted forms forms of of assistance assistance that that incentivize lncentivfze private private sector sector engagement with aa necessary focus on on- pull push i e i e creating puH as well as push attractive investment environments etc lnstltutlonal Institutional Provisions •• There will need to be various va ious provisions regarding institutions in$titutions servicing the new agreement They They could could generally generally mirror mirror the the institutional institutional provisions provisions of of the Kyoto Protocol with with respect respect to to the the COP COP secretariat secretariat and and subsidiary subsidiary bodies bodies the SBSTA and SBI Flnal Final Clauses •• Many of the final clauses can be standard standard ones e g concerning voting voting • signature withdrawal etc •• Particular attention attention will will need need to to be be given given to to the the provisions provisions regarding regarding Particular amendments including with respect to annexes if any as well as as the trigger trigger F-2016-01355 10 of 11 1l F-201 1355 F-2016-01355 FREEDOMS-2-5-00808802 FREEDOMS-2-5-00808802 for entry into into force of of the the agreement agreement which which isis intended intended to to become becomeeffective effective from 2020 2020 Such Such trigger trigger should should be be neither neither over-inclusive over-inclusive in interms terms of ofthe the number of·Parties under-inclusive in in terms terms of ofthe the types types of ofParties Partieswhose whose Parties nor under-inclusive participation is needed needed ·' S 'I F-2016-01355 11 of 11