Environmental Science & Policy 1 (1998) 313±327 The Kyoto Protocol: provisions and unresolved issues relevant to land-use change and forestry Bernhard Schlamadinger *, Gregg Marland 1 Environmental Sciences Division, Oak Ridge National Laboratory, Oak Ridge, TN 37831-6335, USA Abstract This paper describes the relevant text of the Kyoto Protocol and its implications for land-use change and forestry (LUCF) activities and addresses some of the technical issues that merit further consideration and clari®cation before the treaty comes into force. Although the phrasing of the Protocol is sometimes ambiguous and the opportunities limited, the Protocol does provide for some selected forest-related activities to be used to meet national commitments for the reduction of greenhouse gas emissions. To implement the forest-related portions of the Protocol, most importantly: (1) a clear de®nition for the word `reforestation' is required, (2) contradictory wording in Article 3.3 needs to be clari®ed to establish how credits are to be measured, (3) further thought should be given to the sentence in Article 3.7 which provides that countries with a net carbon sink in LUCF in 1990 cannot include emissions from land-use change in their 1990 baseline, whereas countries with a net carbon source in LUCF can include those emissions in their 1990 baseline, (4) the rules and baseline issues for joint implementation and the clean development mechanism need to be clari®ed and (5) inclusion of additional forest management activities needs to be considered. # 1998 Elsevier Science Ltd. All rights reserved. Keywords: Forestry; Carbon sinks; Aorestation; Reforestation; Deforestation; Carbon accounting; Kyoto Protocol 1. Introduction 1.1. The Kyoto Protocol Increasing anthropogenic emissions of greenhouse gases to the atmosphere, observations that the concentrations of greenhouse gases in the atmosphere are increasing and the expectation that these increases may lead to deleterious changes in the climate have long been recognized as a potential threat to the global environment (IPCC, 1996a,b). An important step in addressing this threat was taken with adoption of the United Nations Framework Convention on Climate Change (UNFCCC, 1992). This Convention was drafted in Rio de Janeiro in 1992 and has now been * Corresponding author. Tel.: +1-423-574-7322; Fax: +1-423-5742232; E-mail: [email protected] 1 This paper is intended as a technical analysis of those portions of the Kyoto Protocol that are concerned with land-use change and forestry. It is based on scienti®c studies supported by the US National Science Foundation, The US Department of Energy, and the Australian Science Foundation. 000-0000/98/$ - see front matter Published by Elsevier Science Ltd. PII: S 1 4 6 2 - 9 0 1 1 ( 9 8 ) 0 0 0 1 6 - 1 rati®ed by 174 countries. The UNFCCC succeeded in articulating global concern about the continuing increase in greenhouse gas emissions and in encouraging developed countries (as listed in Annex I of the Convention) to limit their emissions of greenhouse gases, but it did not include binding commitments to confront these emissions. Recognizing the inadequacy of these commitments, the Conference of the Parties under the Convention convened for the ®rst time in Berlin in 1995 and decided that a strengthening of the commitments was necessary and that this should be pursued through a protocol or other legal instrument. The Third meeting of the Conference of Parties convened in December, 1997, in Kyoto, Japan to try to adopt a Protocol to the UNFCCC that would provide binding commitments for countries to limit their greenhouse gas emissions and with speci®ed penalties for those countries that did not meet their commitments. After an arduous 11 days of negotiations, the Kyoto Protocol was accepted by the delegates to the Conference. The Kyoto Protocol is now open for signature and, as of 11 June 1998 had been signed by 40 countries. 314 B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 The Protocol must subsequently be rati®ed and will enter into force 90 days after being rati®ed by 55 countries which represent at least 55% of the carbon dioxide emissions for 1990 of those countries listed in Annex I of the UNFCCC (The Kyoto Protocol actually provides in Annex B a list of countries that diers slightly from the list in Annex I of the UNFCCC). The Kyoto Protocol achieved some of its objectives and fell short on others. It prescribes limiting the emissions of 6 greenhouse gases or groups of gases and it de®nes quantitative commitments for emissions reductions for the countries listed in Annex B of the Protocol. It does not establish commitments for countries not listed in Annex B (developing countries) and it does not prescribe penalties for failure to meet the commitments. The Protocol leaves many issues to be resolved at a later date. If successful, the Protocol would lead to a net reduction of 5.2% in emissions of greenhouse gases from developed countries. For the most important of the greenhouse gases (carbon dioxide, methane and nitrous oxide) emissions reductions are de®ned with respect to emissions rates in 1990 and the commitments are de®ned in terms of the average of emissions in the 5-year period 2008±2012 (represented as 2008/2012 in this text). Bolin (1998) points out that the objectives of the Protocol are modest in terms of what may be needed to restrain climate change, but that they are an important ®rst step. Carbon emissions from land-use change and forestry were a critical part of negotiations leading to drafting of the Kyoto Protocol and only in the morning hours following the last formal day of the Conference was a compromise reached that was accepted by all Parties. Most Parties, in fact, left the Conference aware of some of the residual problems in the text that would need to be addressed in the processes of rati®cation and implementation. 1.2. Land-use change and forestry Land-use change and forestry (LUCF) activities have often been cited as (i) historically, and currently, providing a net source of anthropogenic emissions of carbon dioxide to the atmosphere (i.e. from deforestation) (Dixon et al., 1994; Houghton, 1996) and (ii) potentially providing opportunities to reduce net carbon dioxide emissions to the atmosphere or to increase the net uptake of carbon from the atmosphere (IPCC, 1996b). For one or both of these reasons, many observers felt that it was desirable to include LUCF activities in a binding treaty limiting greenhouse gas emissions (Baltimore Conference, 1997). Several options for inclusion of LUCF were discussed before and at the Kyoto conference, including total omission of LUCF from the Protocol. Many considerations, including data uncertainty, veri®ability, equity among countries, etc. (also including factors like confusion, misunderstandings, misconceptions, politics and lack of negotiating time) played a role in forming the Protocol text. Appendix A of this paper contains Articles 3.3, 3.4 and 3.7 of the Kyoto Protocol, all of which discuss LUCF and all of which are examined in this paper. The Kyoto Protocol was drafted under severe time pressures and with con¯icting national objectives and the phrasing in a number of places leaves room for interpretation. The discussion below is based on our interpretation of the Protocol language and points out places where we feel the language is particularly unclear. The core of this paper is in two parts: . Section 2 provides some observations on the Kyoto Protocol and what is speci®cally included or not included regarding land-use change and forestry. . Section 3 elaborates on some problems, questions and issues to be resolved where the intent of the Protocol is not clear or the application of Protocol language could create perverse outcomes. In Section 3 we also try to suggest ways in which the Protocol might be interpreted and/or implemented so as to minimize confusion, minimize adverse outcomes, and maintain the spirit under which the Protocol was drafted. 2. Some observations on the Kyoto Protocol regarding land-use change and forestry 2.1. Land-use change and forestry activities are included but are limited to speci®ed activities The Kyoto Protocol establishes that human-induced land-use change and forestry activities, limited to aorestation, reforestation and deforestation, since 1990, ``shall be used to meet the commitments'' (Article 3.3). Land-use change and forestry is, however, not included among the sectors/source categories listed in Annex A for inclusion in calculating ``aggregate anthropogenic carbon dioxide equivalent emissions'' (Article 3.1). In other words, it appears that emissions from LUCF are not included in the 1990 emissions baseline for a country but can be used to meet the country's commitments in the ®rst commitment period (2008/2012). We note here that Article 3.1 makes reference to the gases listed in Annex A of the Protocol but fails to mention the sectors/source categories listed in Annex A. Given that these sectors/source categories are not mentioned anywhere else in the Protocol, we interpret that reference should also be made to the sectors/source categories. Article 5.1 would seem to require that a country should report all emissions by sources and removals by sinks and Article 3.4 clearly calls for a report of the B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 `level of carbon stocks in 1990', but the net of emissions and uptake in land-use change and forestry is not included in the 1990 baseline on which national obligations are based (with an exception outlined in Article 3.7 and discussed in Section 3.3). The bottom line is that `direct human-induced' aorestation reforestation and deforestation since 1990, measured as `veri®able changes in carbon stocks in each commitment period', are not used to de®ne commitments but shall be used to meet emissions commitments. A key word in Article 3.3 is `veri®able'. The framers of the Kyoto Protocol were clearly concerned with the ability of countries to document the amount of carbon stored in sinks and explicitly require that only `veri®able' changes can be credited. We interpret a `change in carbon stocks' in the ®rst commitment period to be the dierence between the stocks on 31 December 2012 and on 1 January 2008. This interpretation is reinforced by a conclusion drafted by the eighth session of SBSTA (Subsidiary Body for Scienti®c and Technological Advice to the UNFCCC) during its meetings in June 1998 (UNFCCC, 1998b) which says: ``[SBSTA] understands the meaning of Article 3.3 in the Kyoto Protocol to be as follows: the adjustment to a Party's assigned amount shall be equal to veri®able changes in carbon stocks during the period 2008 to 2012 resulting from direct human-induced activities of aorestation, reforestation and deforestation since 1 January 1990. Where the result of this calculation is a net sink, this value shall be added to the Party's assigned amount. Where the result of this calculation is a net emission, this value shall be subtracted from the Party's assigned amount''. 2.2. The text clearly calls for assessing the changes in carbon stocks Article 3.3 states that emissions and sinks from land-use change and forestry activities will be ``measured as veri®able changes in stocks in each commitment period'' and Article 3.4 asserts that each Annex I country shall provide data to ``establish its level of carbon stocks in 1990 and to enable an estimate to be made of its changes in carbon stocks in subsequent years''. This intent to focus on carbon stocks is reinforced by the conclusions drafted by SBSTA in June 1998, as quoted above (UNFCCC, 1998b). There had been considerable discussion (see, for example, Apps et al., 1997; Winjum et al., 1998) whether carbon emissions from land-use change and forestry should be measured as the net carbon ¯ux between forest reservoirs and the atmosphere (assessment of atmospheric ¯uxes), as is done for fossil-fuel combustion, or whether the net change in carbon stocks (assessment of changes in carbon stocks) is a 315 more appropriate choice for estimating net carbon emissions from renewable reservoirs. Assessment of carbon exchange with the atmosphere had been proposed in 1996 by an IPCC (Intergovernmental Panel on Climate Change) expert group drafting guidelines for reporting national estimates of emissions related to harvested wood products but was referred for reconsideration by the 12th IPCC plenary session in Mexico City (September, 1996). The choice of whether to assess carbon stock changes or carbon ¯uxes makes considerable dierence for Parties who buy or sell harvested wood products. For example, the assessment of changes in carbon stocks places emissions from burning biofuels in the account of a Party practicing non-sustainable forest harvest rather than in the account of the Party burning the harvest as a fuel. If biofuels are produced sustainably, both producer and consumer would report zero net carbon emissions under a stock-change approach. Quantitative examples for dierent forestry and wood utilization scenarios can be found in Apps et al. (1997) and Winjum et al. (1998) illustrate the dierent approaches by looking at data for selected countries. With the wording of the Protocol the choice seems to have been made in favour of a stock-change approach. 2.3. Harvested wood products are not mentioned The Protocol does not mention harvested wood products. Short of careful crafting of additions to the IPCC (1997a,b) Guidelines, it appears that the Protocol does not permit credit for a carbon sink when carbon is stored in long-lifetime wood products. If the IPCC or the UNFCCC can ®nd appropriate phrases to include this carbon sink within the constraints of Protocol language, it appears that (in order to be compatible with the forestry sector calculations) a carbon source or sink in wood products will have to be represented by the change in carbon stocks in products rather than as some measure of the ¯ux to the atmosphere from oxidation of wood products (see Section 2.2). Note also that once a land area enters the Kyoto accounting framework by virtue of aorestation or reforestation since 1990, it appears likely that full accounting of the carbon in the forest and in harvested products from these `Kyoto forests' will be necessary (see also Section 3.9 of this paper). A minimum requirement would be to show that claiming credits for carbon sinks in `Kyoto forests' does not result in a decrease of carbon stocks in wood products. 2.4. More `human-induced activities' can be added Article 3.4 of the Kyoto Protocol states that the meeting of the Parties ``... shall, at its ®rst session or as soon as practicable thereafter, decide upon modalities, rules 316 B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 and guidelines as to how, and which, additional humaninduced activities [besides aorestation, reforestation, and deforestation] related to changes in greenhouse gas emissions and removals by sinks in the agricultural soil and land-use change and forestry categories shall be added to, or subtracted from, the assigned amount for Parties included in Annex I''. Any such decision shall apply in commitment periods after the ®rst, except that a Party can choose to apply them in the ®rst commitment period. This provision leaves open the possibility that credit could be obtained for other carbon sinks, but current limitation to the three listed activities re¯ects concern that credits be limited to those activities that can be best documented (`veri®able') and that credits be awarded for actions and not circumstances (for example, fertilization of forests by increasing atmospheric CO2 is not a direct human-induced activity that could be credited against future commitments). Some human-induced activities that might be added are mentioned in Section 3.10 of this paper and a more comprehensive list can be found in UNFCCC (1998a). 3. Some problems, questions and issues to be resolved 3.1. What exactly does `since 1990' mean? Article 3.3 of the Protocol speci®es that emissions from sources and removals by sinks from LUCF activities will be ``... limited to aorestation, reforestation and deforestation since 1990...''. In the cases of aorestation and reforestation, does this mean that only projects that were initiated since 1990 can be counted, or does it also include carbon uptake since 1990 in projects that were initiated prior to 1990? Our interpretation is that the intent is the former (projects initiated since 1990), but if this is what the delegates had in mind, supporting documents to the Protocol should make this interpretation clear. It is also not straightforward whether `since 1990' includes the year 1990. It initially appeared to us that the intent here was to indicate times following the end of 1990. De®nitions of `since' in Webster's unabridged dictionary include both contexts in which 1990 would be or would not be included. SBSTA, at its eighth session in Bonn in June 1998, has now concluded that `since 1990' should be interpreted to begin on 1 January 1990 (UNFCCC, 1998b). The phrase `since 1990' creates a more serious problem. While deforestation in 2008 (for example) could release the bulk of the contained carbon to the atmosphere in 2008, reforestation in 2008 would provide a continuing carbon sink for many years thereafter, but with an annual carbon stock change per hectare that is very much smaller than the annual stock change per hectare from deforestation. This important dierence in the time rate of carbon ¯ux is discussed further in Sections 3.2 and 3.3. In Appendix C an example is given to illustrate the relative sizes of land under aorestation and deforestation needed in order for the two eects to cancel out in the ®rst commitment period. 3.2. Should reforestation be considered and how? The Kyoto Protocol permits consideration of changes in carbon stocks due to `aorestation, reforestation, and deforestation' without providing de®nitions for these three words. The words `aorestation' and `reforestation' (but not `deforestation') are de®ned in the glossary of the Intergovernmental Panel on Climate Change (IPCC) Guidelines for National Greenhouse Gas Inventories (IPCC, 1997a) and since the Protocol refers to these Guidelines for estimating national emissions, we assume that these de®nitions are those that should apply. The words aorestation and deforestation do not create any severe problems and the intent of the Protocol seems consistent with conventional de®nitions of these two words. It appears, however, that the intent of this phrase was to limit credits to cases where there is a clear change in land use and where we can clearly verify that this change in land use has occurred. Accepting this link to the IPCC Guidelines, the framers of the Protocol appear to have used `aorestation' to identify establishment of forest where forest had not historically existed whereas `reforestation' appears to have been used to suggest establishment of forest where there was forest previously but the land had been converted to other uses. It is not clear how long a time lapse between forest harvest and forest regrowth is required in order to qualify as reforestation. In Appendix B we reproduce some published de®nitions of `reforestation' and these make it clear that many foresters would include the natural or assisted regrowth of trees immediately following harvest to be included in `reforestation'. To the UN Forestry and Agriculture Organization (FAO), for example, reforestation includes immediate replanting or regrowing of forests following harvest or a natural disturbance such as ®re. Using the FAO de®nition of reforestation, the text of the Kyoto Protocol would thus imply that no emissions are to be associated with forest harvest and yet emissions reductions could be credited for the reforestation that follows. Using the IPCC de®nition of reforestation, guidance is required to distinguish between forest management and the potentially linked activities of deforestation and reforestation. The distinction is particularly important in the initial phase of the Protocol where it is possible that deforestation could occur prior to the ®rst commitment period while reforestation and regrowth would occur, and provide sequestration credits, during a commitment period. B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 If credits could be obtained for reforestation (as de®ned by the FAO), then harvest should lead to debits (emissions). Otherwise clearing old-growth forest with the purpose of replanting fast-growing monocultures could lead to signi®cant credits from the beginning of such an undertaking, despite net emissions to the atmosphere. If credits are obtained for reforestation (as de®ned by the IPCC Guidelines) the converse process needs to be identi®ed as `deforestation' rather than harvest and there needs to be a clear understanding of the length of time that land resides in other land uses before it quali®es for `reforestation'. The question is the point at which a forest or land-use change activity causes the land to enter the accounting framework (i.e. to become a Kyoto forest). Clearly the Protocol does not intend, at this point, to provide credits for activities that increase the carbon density of forests without changing the land use, nor does it intend to count emissions where forest degradation leads to lower carbon density in the forest so long as the land maintains its identity as forest. It appears that the framers of the Protocol intended that land should enter the accounting framework at the point that there is a change in land use to or from forest land. This intent is not completely consistent with the traditional de®nitions of `reforestation' nor is the philosophy consistent with inclusion of credits for reforestation without debits for harvest. We suggest that there are four options for confronting the ambiguity of what is meant by `reforestation'. Although the ®rst option is the one that is consistent with literal reading of the Protocol language and the IPCC de®nition of reforestation, the other options are suggested by other de®nitions of `reforestation' or could be implemented with more liberal interpretations of the Protocol text. Option 1: Include, in supporting documents to the Protocol, a precise de®nition for `reforestation' that mentions a minimum time period for non-forest land use, a de®nition that diers from traditional de®nitions by excluding replanting or revegetation activities that immediately follow harvest or natural disturbance. Option 2: Use something like the FAO de®nition of reforestation and interpret reforestation to include any harvest which necessarily precedes it. Option 3: As in option 2 but, in addition, include regrowth from harvests prior to 1990. Option 4: Omit reforestation from the accounting. Option 1 is based on the assumption that the delegates drafting the Kyoto Protocol had in mind a de®nition of reforestation similar to that given in the 317 IPCC Guidelines. A more explicit and more precise de®nition is needed to make clear that this is land that was deforested earlier with no expectation that the land would be returned to forest. A minimum time period between deforestation and reforestation could be mentioned. A de®nition for the purposes of the Protocol could be as follows: Reforestation: establishing forests on lands which have, historically, previously contained forests but which have been converted to some other use. This other use must have prevailed for at least 20 (or other number to be chosen) years, or, alternatively, the other use can be shorter if the land has been counted as deforested within a commitment period under the Kyoto Protocol. One could choose a number greater or less than 20 years depending on the intent to include less or more land under `reforestation', but if the number becomes less than perhaps 15 years, this would allow more opportunity for forests that are clear-cut before the ®rst commitment period to be reforested for credits during a commitment period. Note that `establishing' is used instead of `planting' (the original term in the glossary to the IPCC Guidelines), because this avoids a discussion of whether human assisted natural revegetation is to be included. By adding the phrase ``or, alternatively, ...under the Kyoto Protocol'', a piece of land once classi®ed as deforested in a commitment period can be counted as reforested, without creating a loophole for emissions to the atmosphere. Essentially this re¯ects a full carbon accounting for land once reported under the Kyoto Protocol (see also Section 3.9). As a minimum, it should be clear that accelerated deforestation prior to the ®rst commitment period, followed by reforestation within the commitment period, is in violation of the spirit of the Protocol. With this de®nition for reforestation we could then de®ne. Deforestation: conversion of forest land for other land use. Option 2 would mean that all managed forests harvested and replanted after 1990 would become part of the accounting. Harvest would be considered by subtracting the removed biomass carbon from the forest carbon stocks. For the sake of this discussion, consider a country with one hectare of land (with 100 tC ha ÿ 1) cleared and reforested each year and with the rate of regrowth at 1 tC ha ÿ 1. Thus, in 1991 the system of carbon accounting would include one hectare harvested and the same hectare regrowing; in 1992 one hectare would be harvested and 2 hectares would be regrowing, etc. Starting in 1991, a country would get a debit (carbon emission) of 100 tons each year. The credit would be 1 tC in 1991, 2 tC in 1992, 3 tC in 318 B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 1993 and so on, with the total balance in 1991 being a net emission of 99 tC, in 1992 of 98 tC etc. A key point here is that harvest can occur in a single year while reforestation occurs over decades. If the same total amount of land is reforested that is deforested each year after 1990, there will be a net loss of carbon stocks in the accounts reportable to the Protocol for many years, until the system reaches equilibrium (see also Appendix C). Option 3 would solve the problems presented in option 2 by the dierent time rates of carbon ¯ux during harvest and reforestation. This approach would recognize the long-term balance of a sustainable forest management system but might contravene the statement on `direct human-induced activities since 1990' in the Protocol. The accounting in option 3 would thus involve all managed forests (this would, in essence, be the `gross-net approach' initially proposed by New Zealand in Kyoto) and this has important implications regarding equity between dierent national commitments. Option 4 would avoid the problems encountered in options 2 and 3 by excluding reforestation from the accounting for carbon sinks. The problem with the phrasing in the Protocol is that it does not explicitly de®ne reforestation but seems to rely on a non-traditional (and not suciently detailed) de®nition of the word. Most of the problems can be solved by clari®cation of the apparent intent of the word `reforestation' as suggested under `option 1' above. We note that clari®cation of the de®nition of `aorestation' or `forest' may be needed to make clear whether establishment of fast growing tree plantations with short rotation period is intended to be included. 3.3. Countries with net carbon emissions from land-use change and forestry in 1990 are treated dierently than countries with a net carbon sink in 1990 The last sentence of Article 3.7 contains the phrases `land-use change and forestry' (®rst part of the sentence), and `land-use change' (last part of the sentence). The text in Section 3.3.1 opposite was written under the assumption, that there was a purposeful distinction and that the words `and forestry' were purposefully included in the ®rst part of the sentence but not included in the last part of the sentence. In section 3.3.2 opposite we discuss the implications if there was no distinction intended and the words `and forestry' were either inadvertently omitted in the last part of the sentence or inadvertently included in the ®rst half of the sentence. 3.3.1. Purposeful distinction between ``land-use change'' and ``land-use change and forestry'' Article 3.7 of the Protocol provides that countries with a net source of greenhouse gas emissions from LUCF in 1990, while still bound by Articles 3.3 and 3.4 of the Protocol, can include their ``aggregate anthropogenic carbon dioxide equivalent emissions by sources minus removals by sinks in 1990 from land-use change'' in the 1990 baseline from which their assigned amounts are calculated. It was perceived that this sentence was necessary to avoid inequities between countries and to make it possible for countries with net emissions from land-use change in 1990 to meet part of their commitments through a reduction of these net emissions. The phrase ``emissions by sources minus removals by sinks in 1990 from land-use change'', if taken literally, would include the eects of land-use change initiated prior to 1990 on the carbon emissions inventory in 1990. For example, carbon uptake in 1990 in a forest stand that was planted (aorested) in 1950 would be included. It would, perhaps, have been more appropriate to write `deforestation' instead of `land-use change' (the latter including all of aorestation, reforestation and deforestation) in this sentence, because the main motivation of this provision in Article 3.7 was apparently to confront the special situation of countries with deforestation in 1990 (e.g. Australia). This intent could be retained (and the confusion of having to account for 1990 impacts of all previous aorestation and reforestation avoided) by interpreting the latter part of this sentence to read ``...emissions by sources minus removals by sinks in 1990 from land-use change (i.e. deforestation)''. The net result would be that emissions from deforestation would be included in the national baseline for those countries for which LUCF activities were a net source of carbon emissions in 1990. In Appendix D we show with a simple calculation how application of the last sentence of Article 3.7 to two hypothetical countries (A and B) does indeed produce an equitable balance between two countries with comparable emissions from fossil fuels and comparable eort to improve land-use management over the interval 1990 to 2008/2012, when one had emmisions from deforestation in 1990 and the other did not. However, although the ®nal sentence of Article 3.7 creates equity for a country with deforestation and an overall net carbon emission from LUCF in 1990, the same principles create problems for a country with both deforestation and a larger carbon sink elsewhere in its forests in 1990. The need for this sentence arises ultimately from the inherent dierence between aorestation and reforestation (or other activities that generate carbon sinks) on the one hand and deforestation on the other hand, i.e. the dierence in time rate of B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 carbon ¯ux introduced in Section 3.1 above. Carbon emissions originating from a constant rate of deforestation from 1990 to 2010 will result in a constant ¯ow of debits2. Carbon uptake occurring at a constant rate from 1990 to 2010 will create no credits (sink) in 2010 to the extent that it results from aorestation initiated prior to 1990, or to the extent that it is due to activities that generate carbon sinks but cannot be included under aorestation or reforestation. In other words, if we move from 1990 to the ®rst commitment period with no change in behavior, most of the debits for emissions from LUCF remain constant while most of the credits suddenly disappear because of the `since 1990' requirement, the dierence in the time dependent behavior of the two types of ¯uxes, and the limitation of sinks to aorestation and reforestation. In Appendix D we show with another simple calculation how the last sentence in Article 3.7 impacts a hypothetical country (country C) with both deforestation and a larger carbon sink elsewhere in its forests in 1990. It becomes obvious that the sentence in Article 3.7 does not apply to country C and thus country C is at a disadvantage compared to country B as far as commitments for fossil-fuel-related carbon emissions are concerned. The last sentence of Article 3.7 in the Kyoto Protocol, if interpreted literally, thus seems to provide bene®ts to countries for which LUCF was a net source of carbon emissions in 1990 whereas these bene®ts are not available to countries for which LUCF was a net carbon sink, despite emissions from deforestation, in 1990. 3.3.2. No intended distinction between ``land-use change'' and ``land-use change and forestry'' This inequity is changed signi®cantly if we interpret the intent of the sentence such that both parts of the sentence are the same and `and forestry' is either included both times or omitted both times. If we interpret this sentence in Article 3.7 with the assumption that `land-use change and forestry' is a uni®ed phrase and that `and forestry' should apply to both parts of the sentence, then the sentence provides bene®t to the same parties but the bene®t is smaller for countries with sinks in managed forests. This is because not only land use change, but the net of all other carbon stock changes in forestry in 1990 will be 2 We recognize that this is not strictly true, because not all organic matter is oxidized in the year of deforestation, and there will likely be continuing oxidation of carbon from the soils and slash of areas deforested in earlier years. Nonetheless, a large fraction of oxidation occurs in the ®rst year following deforestation and if the majority of carbon is oxidized within 20 years then there will be constant debits in the 1990 base year and, from 20 years of deforestation ``since 1990'', in the 2008/2012 commitment period. 319 used to calculate the national commitment. Appendix D provides an example for hypothetical country D. If we interpret the last sentence in Article 3.7 to indicate that a distinction is being made between landuse change and forestry versus land-use change alone and that this sentence was intended to apply uniformly and consistently to only land-use change, (or, to deforestation alone, Section 3.3.1 opposite) then the bene®t of the sentence is shared by all countries with deforestation in 1990. This is because other carbon sinks in forests will not disqualify a country with deforestation in 1990 from using the emissions from deforestation to de®ne its commitments. Although this interpretation of Article 3.7 seems to oer the most equitable treatment of all countries experiencing deforestation in 1990, it might be judged politically unacceptable because it does serve to raise the 1990 baseline (with respect to the literal interpretation), against which commitments are calculated, for all countries with deforestation in 1990. Appendix D shows with parenthetical numbers how application of this interpretation aects the commitments of countries C and D noted above. In summation, while recognizing the problem of raising the baseline for many countries, we suggest that the most equitable interpretation of the last sentence in Article 3.7 may be as follows: ``Those Parties included in Annex I for whom land-use change (i.e., deforestation) constituted a net source of greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period the aggregate anthropogenic carbon dioxide equivalent emissions by sources minus removals by sinks in 1990 from land-use change (i.e., deforestation) for the purposes of calculating their assigned amount''. If developing countries eventually take on emission limitation commitments, there are likely to be more countries with both deforestation and aorestation or other forest sinks in the base year, so that the issues described in this section could become increasingly important. 3.4. The emissions baseline: should it be based on 1 year or a longer period? For a country with net emissions from LUCF in 1990, a literal interpretation of Article 3.7 provides that land-use change net emissions in 1990 are to be incorporated into the baseline. Emissions in 1990 can be considerably dierent than emissions in 1989 or 1991. For example, wood removals in Germany in 1990 were almost twice those in 1989 or 1991 (FAO, 1998). It would be desirable if, for LUCF, the initial source or sink could be determined for a base period (e.g. 1988 to 1992) rather than for a single year. This is the approach taken by the Protocol for de®ning the 320 B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 commitment in terms of the mean of emissions over a ®ve-year period. 3.5. Leakage from forestry projects under the `clean development mechanism' can circumvent project objectives Consider a project in which an Annex I country acquires emission credits for a forest-based mitigation project in a non-Annex I country. If the sequestered or protected carbon is released to the atmosphere after the project lifetime (perhaps 20 or 30 years), which party would assume responsibility for this net emission? (Marland et al., 1998). Under the Protocol, nonAnnex I countries would have no commitment for emissions limitations so could not be held responsible for emissions even though they had been host to certi®ed emission reduction credits. One option is to assign this net emission to the piece of land from which it occurred. If another CDM project wanted to use that land it would have to take on that net emission as an initial debit. Another possibility is for non-Annex I countries to accept emissions commitments that cover only LUCF activities. For example, Articles 3.3, 3.4 and 3.7 (last sentence only) could eventually be extended to cover (some) nonAnnex I countries (perhaps as a prerequisite for participation in LUCF projects), thereby also providing additional participation in the Protocol commitments by developing countries. Some non-Annex I countries have considerable net emissions from deforestation and some have a great potential for aorestation or reforestation. 3.6. Countries may be allowed to include or exclude certain parts of LUCF The last sentence of Article 3.4 leaves the decision to individual countries whether to report the carbon sources and sinks from `additional human-induced' activities during the ®rst commitment period. Countries with increased carbon stocks in the respective categories would likely tend to report this, whereas countries with a net decrease of carbon stocks might choose not to report. Failure to report carbon sources under this article is likely to represent a small loophole in the Protocol in that no such additional activities have yet been endorsed and the option of not reporting applies only to the ®rst commitment period. 3.7. Do aorestation, reforestation and deforestation, include carbon sequestered in forest soils? The Protocol does not explicitly say whether the change in carbon stocks in forest soils and forest litter can or shall be accounted for in aorestation, refores- tation, and deforestation activities. Presumably the controlling word here will be `veri®able' and changes in carbon stocks in forest soils could be used to meet the commitments to the extent that they can be veri®ed. However, there would be no incentive to report and verify negative stock-changes, e.g. from deforestation. It should be possible to require that if carbon gains are eligible for credits as a result of aorestation or reforestation, a reporting and veri®cation of carbon gains or losses in the forest soil would have to be included. As a minimum, when credits are claimed for increasing the stock of carbon in the above-ground portions of a forest, it should be demonstrated that no loss of soil carbon has occurred. The Protocol speci®cally reserves ``changes in greenhouse gas emissions by sources and removals by sinks in the agricultural soils... categories'' for possible inclusion under the additional activities of Article 3.4. (see Section 3.10). Note that greenhouse gas emissions other than CO2 from agricultural soils are already included in Annex A of the Protocol. 3.8. The Protocol asks countries to establish the `levels of carbon stocks in 1990' Article 3.4 calls on Annex I countries to `provide data to establish their level of carbon stocks in 1990'. Such data are not required to establish or evaluate compliance with the commitments under the Kyoto Protocol, nor are they asked for in the current IPCC Guidelines. Performance under the Protocol requires only an accounting of the carbon stocks on 1 January 2008 and 31 December 2012 (or their dierence) and so far only for forests impacted by aorestation, reforestation, or deforestation since 1990 (Kyoto forests). 3.9. Aorestation and reforestation: a full carbon accounting is required in subsequent commitment periods There is a distinction made between forests aected by Article 3.3 of the Protocol (Kyoto forests) and other managed forests not undergoing land-use change (for a pictorial representation see IGBP Terrestrial Carbon Working Group, 1998). Any stock change in the other forests appears to be left out from the accounting of national emissions commitments. However, according to Article 3.3, a stock change in areas aorested or reforested since 1990 can be credited toward a country's commitments. It appears that for these Kyoto forests, a full carbon accounting has to be continued in the second and in future commitment periods, even if there are no further increases in stocks. If this is not the case, a Party could, for example, claim credit for increasing the stocks in standing trees from 0 to 100 tC per ha, but then avoid B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 reporting a subsequent decrease in carbon stocks, perhaps resulting from increased harvest levels. 3.10. Which other land-use activities or land-use changes should be considered to be added under the protocol? 321 Any such project provides a reduction in emissions by sources, or an enhancement of removals by sinks, that is additional to any that would otherwise occur. Other ``additional human-induced activities in the agricultural soil and land use change and forestry categories'' can be added under the Kyoto Protocol (Article 3.4). This can occur at the ®rst meeting of the Parties after entry into force of the Protocol. The requirement that changes in carbon stocks be veri®able, is likely to play a major role in the acceptance of other activities for osetting emissions. All of these additional activities would be accounted for on an activity by activity basis. Activities that might be accepted include (see UNFCCC, 1998a for a more complete list): (I) Changes in forest carbon stocks (compared to a baseline scenario) due to changes in forest management practices. Examples are: selective logging instead of clear-cutting, reduced-impact logging, and lengthening the rotation period. Such options could bring about a temporary improvement of the carbon balance. Comparison with a baseline scenario is important because forest carbon stocks might change even without additional human-induced activity (see also Schlamadinger and Marland, 1997). (II) Changes in soil carbon stocks on agricultural land due to changes in tillage or other farming practices. Again, a baseline scenario will be needed to establish the change in carbon stocks due to additional, human-induced activities. Note that whereas Article 3.3 mentions `direct human induced land-use change and forestry activities', the word direct is not included in the phrasing of Article 3.4. Article 6 explicitly includes sources and sinks in any sector of the economy but does not limit LUCF activities to aorestation, reforestation, and deforestation since 1990 (as does Article 3.3). This leaves open the question, whether other human-induced LUCF activities (that would ful®ll also the `additionality' requirement) can be credited in JI projects. Although the text does not speci®cally limit JI to the same activities as listed for domestic activities, such a limitation makes sense in practical terms. While activities under Articles 3.3 or 3.4 will increase the assigned amount of the country where the activities are carried out (UNFCCC, 1998b) (no matter who carries them out, either the country itself or a JI donor from another country), this is not the case for activities not accepted under Articles 3.3 or 3.4. Articles 3.10 and 3.11 of the Kyoto Protocol provide that any transfers of JI emission reduction units, while increasing the assigned amount of one party, will decrease the assigned amount of another party by the same amount. Thus, any LUCF projects not admitted by Articles 3.3 and 3.4 will merely have the same eect as emissions trading outlined in Article 17 without increasing the sum of the assigned amounts of the participating countries (see also Greenpeace, 1998). 3.11. What forestry activities can be included under joint implementation Article 3.3 clearly limits the activities that can be accounted in meeting commitments from domestic sources and sinks of carbon. Article 6 of the Protocol addresses Joint Implementation (JI) between Annex I countries by saying (Article 6.1): In de®ning the Clean Development Mechanism (CDM), the Kyoto Protocol provides incentives for Annex I countries to ``assist Parties not included in Annex I in achieving sustainable development and in contributing to the ultimate objective of the Convention'' by developing emissions reduction activities within the non-Annex I countries. Article 12.3(b) of the Protocol states: For the purpose of meeting its commitments under Article 3, any Party included in Annex I may transfer to, or acquire from, any other such Party emission reduction units resulting from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy... Parties included in Annex I may use the certi®ed emission reductions accruing from such project activities to contribute to compliance with part of their quanti®ed emission limitation and reduction commitments under Article 3, as determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol and (Article 6.1 (b)) 3.12. What forestry activities can be included under the clean development mechanism? and (Article 12.5 (c)). 322 B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 ... Reductions in emissions that are additional to any that would occur in the absence of the certi®ed project activity. The only other requirement for these certi®ed emission reductions is that they provide ``real, measurable, and long-term bene®ts related to the mitigation of climate change'' (Article 12.5(b)). However, unlike in Article 6 for Joint Implementation, there is no speci®c mention in Article 12 of `removals by sinks'. At this point it is not clear whether this omission was intentional. Even if the omission of sinks from the text of Article 12 was intentional, this text should still allow for the inclusion of emission reductions in forestry, for example by reducing or preventing deforestation. As in the case of Joint Implementation projects, additionality is required for CDM projects and there is no speci®c limitation whether sources and sinks in LUCF (if included at all) are limited to the activities aorestation, reforestation and deforestation since 1990. Carbon sequestration in existing forests is not explicitly excluded for CDM projects. For CDM projects a clear baseline (see also Section 3.13) for mitigation projects would have to be established in order to calculate the `additional C sequestration', and the condition of veri®ability would have to be observed. 3.13. What are the baselines against which emissions from direct, human-induced activities are to be measured? It appears that the baseline for measuring the contribution of domestic aorestation, reforestation and deforestation to meeting emissions commitments is a zero baseline (i.e., no aorestation, no reforestation, no deforestation). Land-use change and forestry activities are not included in the emissions calculation for 1990 on which commitments are based and there is no `additionality' required. An exception is made for countries for which there were net emissions from LUCF activities in 1990, and for these countries the ``aggregate anthropogenic carbon dioxide equivalent emissions by sources minus removals by sinks in 1990 from land-use change'' forms part of the 1990 baseline. Credits against commitments are limited to aorestation, reforestation and deforestation during the commitment period, but which of these activities, for countries that qualify under Article 3.7, are included in the 1990 baseline depends on the interpretation chosen for Article 3.7 of the Protocol (see Section 3.3 of this paper). For activities outside of the national borders, whether pursued under the Clean Development Mechanism or as Joint Implementation activities with other Annex I countries, there is a requirement of additionality. That is, credits can be passed on to another country only when they are in excess of what would have accrued without the speci®c project (baseline scenario). As an example, it appears that if abandoned agricultural land returns to forest by natural regeneration, CO2 emissions credits could be claimed for reforestation of domestic land but there would be no emissions credits to be traded through either a JI or CDM agreement. 3.14. There is a logical inconsistency in the language of Article 3.3 In Article 3.3, the main body of the ®rst sentence reads: ``The net changes in greenhouse gas emissions by sources and removals by sinks resulting from direct human-induced land-use change and forestry activities... shall be used to meet the commitments under this Article...''. This speci®cation that improvements in LUCF activities can be used to meet emissions commitments is limited by two additional clauses. One clause in this sentence speci®es that these net changes in emissions will be ``measured as veri®able changes in carbon stocks in each commitment period''. To appeal to the fundamentals of calculus, the `changes in carbon stocks' will be the ®rst time derivative of the stocks and will have dimensions of tons per year (t yr ÿ 1). On the other hand, the ``net changes in greenhouse gas emissions... and removals...'' will then necessarily be the second time derivative of the stocks and will have dimensions of tons per year per year (t yr ÿ 1 yr ÿ 1). In other words, ``changes in stocks during the commitment period'' cannot be used to measure ``the net changes in... emissions... and removals...''. The words `net change' at the beginning of Article 3.3 should be ignored to assure clarity of the Article. The conclusions issued by SBSTA in June, 1998 (UNFCCC, 1998b) concur that Article 3.3 should be interpreted in this way. The same problem occurs in the middle of Article 3.4. 4. Summation In the area of land-use change and forestry the Kyoto Protocol tried to do several things. Recognizing that LUCF has very large potential as a CO2 source and signi®cant potential as a CO2 sink, the Protocol tried to include consideration of LUCF in order to minimize net emissions from these activities and thus from human-induced activities as a whole. In addition to their desire to reduce net CO2 emissions to the atmosphere, it appears that those who drafted the Protocol were guided by 3 principles: (1) to provide credits against emissions commitments only for activities that could be reliably measured and veri®ed, (2) to B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 provide credits against emissions commitments only for direct human-induced activities and not for advantageous circumstances and (3) to treat the various Parties to the Protocol in an equitable way. This proved to be a daunting challenge; not the least because forestry is based on a cyclic, potentially renewable and sustainable, system of growth, harvest, oxidation and renewal and because these processes proceed at widely dierent rates. The Protocol tried to optimize on some parts of the total system; veri®able, human-induced changes in carbon stocks in the biosphere. It was perhaps inadvertent, but we believe that the choice to focus on assessment of changes in carbon stocks provides incentive for ecient use of renewable biofuels and, perhaps, durable wood products (see Apps et al., 1997). But hoping to optimize the system by optimizing on a part of the system is likely to produce perversities or inequities somewhere. It appears that these have inevitably occurred, some because of time pressures in drafting of the Protocol, some because of focus on the 3 objectives listed above and some, perhaps, because of political motivations. Our hope in compiling this document is to identify the worst of the oversights and perversities and to shed light on how some of them might be ®xed and how others might be minimized even if not eliminated. The Protocol does appear to be a very good beginning. Acknowledgements This paper is intended as a technical analysis of those portions of the Kyoto Protocol that are concerned with land-use change and forestry. It is based on scienti®c studies supported by the U.S. National Science Foundation (agreement number ATM9711602) and the Global Change Research Program of the Environmental Sciences Division (Oce of Biological and Environmental Reseach) of the U.S. Department of Energy. B. Schlamadinger was supported by the ``Erwin SchroÈdinger Auslandsstipendium'' program of the Austrian Science Foundation (FWF) under contract number J 1467 BIO. We would like to thank 4 anonymous reviewers and numerous other experts for valuable comments on earlier versions of this manuscript. Appendix A Paragraphs addressing sinks in the Kyoto Protocol (UNFCCC, 1997) Article 3, Paragraph 3: The net changes in greenhouse gas emissions from sources and removals by 323 sinks resulting from direct human-induced land-use change and forestry activities, limited to aorestation, reforestation and deforestation since 1990, measured as veri®able changes in stocks in each commitment period, shall be used to meet the commitments under this Article of each Party included in Annex I. The greenhouse gas emissions by sources and removals by sinks associated with those activities shall be reported in a transparent and veri®able manner and reviewed in accordance with Articles 7 and 8. Article 3, Paragraph 4: Prior to the ®rst session of the Conference of the Parties serving as the meeting of the Parties to this Protocol, each Party included in Annex I shall provide, for consideration by the Subsidiary Body for Scienti®c and Technological Advice, data to establish its level of carbon stocks in 1990 and to enable an estimate to be made of its changes in carbon stocks in subsequent years. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its ®rst session or as soon as practicable thereafter, decide upon modalities, rules and guidelines as to how, and which, additional human-induced activities related to changes in greenhouse gas emissions by sources and removals by sinks in the agricultural soils and the land-use change and forestry categories shall be added to, or subtracted from, the assigned amount for Parties included in Annex I, taking into account uncertainties, transparency in reporting, veri®ability, the methodological work of the Intergovernmental Panel on Climate Change, the advice provided by the Subsidiary Body for Scienti®c and Technological Advice in accordance with Article 5 and the decisions of the Conference of the Parties. Such a decision shall apply in the second and subsequent commitment periods. A Party may choose to apply such a decision on these additional human-induced activities for its ®rst commitment period, provided that these activities have taken place since 1990. Article 3, Paragraph 7: In the ®rst quanti®ed emission limitation and reduction commitment period, from 2008 to 2012, the assigned amount for each Party included in Annex I shall be equal to the percentage inscribed for it in Annex B of its aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or period determined in accordance with paragraph 5 above, multiplied by ®ve. Those Parties included in Annex I for whom land-use change and forestry constituted a net source of greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period the aggregate anthropogenic carbon dioxide equivalent emissions by sources minus removals by sinks in 1990 from landuse change for the purposes of calculating their assigned amount. 324 B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 Appendix B De®nitions for aorestation, reforestation and deforestation, and for forests (1) FAO Forest Resources Assessment, 1990 (concepts, de®nitions and methodology): Forests are de®ned as ``ecological systems with a minimum of 10% crown coverage of trees and/or bamboos, generally associated with wild ¯ora, fauna and natural soil conditions, and not subject to agricultural practices''. Deforestation refers to ``change of land use from forest to other land use or depletion of forest crown cover to less than 10%''. Changes within the forest class which negatively aect the stand or site and, in particular, lower the production capacity, are termed forest degradation. Thus degradation is not re¯ected in the estimates of deforestation. (2) Temperate and Boreal Forest Resources Assessment 2000, terms and de®nitions, UN-ECE/ FAO (1997a, p. 3): Forest: land with tree crown cover (or equivalent stocking level) of more than 10 percent and area of more than 0.5 ha. The trees should be able to reach a minimum height of 5 m at maturity in situ. May consist either of closed forest formations where trees of various storeys and undergrowth cover a high proportion of the ground; or of open forest formations with a continuous vegetation cover in which tree crown cover exceeds 10%. Young natural stands and all plantations established for forestry purposes which have yet to reach a crown density of 10% or tree height of 5 m are included under forest, as are areas normally forming part of the forest area which are temporarily unstocked as a result of human intervention or natural causes but which are expected to revert to forest. Includes: forest nurseries and seed orchards that constitute an integral part of the forest; forest roads, cleared tracts, ®rebreaks and other small open areas within the forest; forest in national parks, nature reserves and other protected areas such as those of special environmental, scienti®c, historical, cultural or spiritual interest; windbreaks and shelterbelts of trees with an area of more than 0.5 ha and a width of more than 20 m. Rubberwood plantations and cork oak stands are included. Excludes: land predominantly used for agricultural practices. (3) State of the World's Forests (FAO, 1997b, pp. 173±174): Aorestation/reaorestation: the establishment of a tree crop on an area from which it has always or very long been absent. Where such establishment fails and is repeated, the latter may properly be termed reaorestation. Reforestation: establishment of a tree crop on forest land. Deforestation (developed countries): change of forest with depletion of tree crown cover to less than 20%. Deforestation (developing countries): change of forest with depletion of tree crown cover to less than 10%. (Changes within the forest class, e.g. from closed to open forest, which negatively aect the stand or site and, in particular, lower the production capacity, are termed forest degradation and are considered apart from deforestation.) Forest (developed countries): land with tree crown cover (stand density) of more than about 20% of the area. Continuous forest with trees usually growing to more than about 7 m in height and able to produce wood. This includes both closed forest formations where trees of various storeys and undergrowth cover a high proportion of the ground, and open forest formations with a continuous grass layer in which tree synusia cover at least 10% of the ground. Forests (developing countries): ecosystem with a minimum of 10 percent crown cover of trees and/or bamboos, generally associated with wild ¯ora, fauna and natural soil conditions and not subject to agricultural practices. (4) IPCC Revised 1996 Guidelines for National Greenhouse Gas Inventories (IPCC, 1997a), Reporting Instructions (Vol. 1), Glossary, p. 1 and 15: Aorestation: planting of new forests on lands which, historically, have not contained forests. These newly created forests are included in the category `Changes in Forest and Other Woody Biomass Stocks' and in the Land Use Change and Forestry module of the emissions inventory calculations. Reforestation: planting of forests on lands which have, historically, previously contained forests but which have been converted to some other use. Replanted forests are included in the category `Changes in Forest and Other Woody Biomass Stocks' in the Land Use Change and Forestry module of the emissions inventory calculations. A somewhat diverging de®nition, used in a dierent context (to explain `plantations') is in the Revised IPCC Guidelines for National Greenhouse Gas Inventories (IPCC, 1997b) Reference Manual (Vol. 3), p. 5.14: Plantations are forest stands that have been established arti®cially, to produce a forest product `crop'. They are either on lands that previously have not supported forests for more than 50 years (aorestation) or on lands that have supported forests within the last 50 years and where the original crop has been replaced B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 with a dierent one (reforestation) (see also Brown et al., 1986). (5) See Lund (1998) for a comprehensive overview of de®nitions for aorestation, reforestation deforestation and forests. Appendix C Example describing the inherent dierence between aorestation and deforestation with respect to the time rate of change of carbon stocks In this example we estimate the area of land under aorestation that is required for a country to oset 1 ha yr ÿ 1 of deforestation (with loss of 100 tC ha ÿ 1). The country in our example is assumed to have a net carbon sink in LUCF in 1990, so that the last sentence of Paragraph 3.7 does not apply. We assume that forest stands in an aorestation program grow at 1 tC ha ÿ 1 yr ÿ 1 and that the land being deforested carries 100 tC ha ÿ 1. The emissions in the commitment period from deforestation amount to 100 tC annually. In order to oset this carbon source, an average of 100 ha of land with `new forest', growing at 1 tC ha ÿ 1 yr ÿ 1, are needed in the commitment period. This requirement is ful®lled if 100 ha of aorested land are accumulating carbon through the duration of the commitment period. This requirement is also ful®lled if the area aorested is increasing with time so that 325 there are 80 hectares in the year 2008, 90 hectares in the year 2009, etc. with 120 hectares in the year 2012. In other words, an aorestation program involving the planting of trees on 10 ha each year, starting on 1 January 2001, could exactly oset deforestation of 1 ha land per year in the commitment period. If, however, the aorestation program started ®ve years later (1 January 2006), then an annual planting of 20 hectares would be required. This suggests that the land put into an aorestation program each year has to be 1 order of magnitude (a factor of perhaps 10 to 20, depending on how long before the commitment period the aorestation program begins) greater than the land deforested annually in order to gain positive carbon credits. This factor will become lower, the longer the accounting system is in eect, and eventually approach 1. For the growth rate and carbon density chosen here, the area being occupied with aorestation projects in a given year has to be 2 orders of magnitude greater than the land deforested in the same year. This factor will not change over time. Appendix D What Article 3.7 of the Kyoto Protocol does and what it could do (see Section 3.3): some examples We illustrate the impact of the last sentence of Article 3.7 (see Appendix A) on the emissions commitments of 4 hypothetical countries in order to show the Table 1. Article 3.7 of the Kyoto Protocol applied to hypothetical countries A, B, C and D described in Appendix D. The numbers in brackets for countries C and D are derived using the suggested interpretation of Article 3.7 (see end of Section 3.3) Country A Country B Country C Country D 10 0 0 0 10 2 0 2 source 10 2 3 1 sink 10 2 1 1 source 1990 Baseline for target 10 12 10 (12) 11 (12) 2008/12 Target w/o a., def. 9.5 11.4 9.5 (11.4) 10.45 (11.4) 2008/12 2008/12 2008/12 2008/12 0 1 1 sink 0a 1 0 1 source 0a 1 0 1 source 3 sourcea 1 0 1 source 1 sourcea 10.5 10.4 8.5 (10.4) 9.45 (10.4) 1990 1990 1990 1990 Fossil fuel emissions Deforestation Sink in managed forests LUCF total Deforestation New aorestation Deforestation + new a. Sink in managed forests Target for fossil fuel emissions a Not counted under the Kyoto Protocol and thus irrelevant for the calculations. 326 B. Schlamadinger, G. Marland / Environmental Science & Policy 1 (1998) 313±327 dierential impact that this sentence has on countries depending on the details of their emissions by sources and removals by sinks in LUCF and on the interpretation of the details of this sentence. Country A (see also column 2 of Table 1). Emissions of carbon from fossil fuels are taken to be 10 units in 1990 and the net carbon sink in LUCF is close to zero in 1990. Country B (see also column 3 of Table 1). Emissions of carbon from fossil fuels are taken to be 10 units in 1990 and LUCF provides a source of 2 units of carbon from deforestation in 1990. We assume that by 2008/2012 both countries improve by 1 unit their carbon balance in LUCF through human-induced activities since 1990. Country A does this via aorestation since 1990 and country B by reducing deforestation. Both countries have an emission reduction target of 5%. Country A gets a credit in 2008/2012 for its sequestration of 1 unit and is thus allowed to increase its fossil-fuel carbon emissions from 10 to 10.5 units. Country B has a 1990 baseline of 12 units and the debit for LUCF activities in 2008/2012 (deforestation) is 1 unit. This debit would have been 2 units if country B had not reduced deforestation. The target for carbon emissions in 2008/2012 is thus 11.4 units (95% of 12) and, with the LUCF debit of 1 unit, the fossil-fuel emissions target is 10.4 unit, almost the same as for country A. Without the addition in Article 3.7 country B would have had a 1990 baseline of 10 units and, with the 5% reduction and 1 unit debit from LUCF, the reduction target for fossil-fuel emissions would have been 8.5 units. The last sentence of Article 3.7 succeeds in creating equity between these two countries with similar circumstances and similar eort to reduce net emissions. Country C (see also column 4 of Table 1). Country C is as country B, except that it has in 1990 an additional carbon sink of 3 units in its managed forests. We assume that country C reduces its rate of deforestation by 1 unit in 2008/2012 and that the carbon uptake in its managed forests remains unchanged. The 3 units of carbon removal by managed forests do not count toward meeting Kyoto commitments because they do not meet the requirements of Article 3.3, but under the literal interpretation of Article 3.7 they prevent country C from including the 2 units of emissions from deforestation in its 1990 baseline. The 1990 baseline for country C is thus 10 units and the 2008/2012 target is 9.5 units. There are direct human-induced activities in LUCF in the commitment period resulting in 1 unit per year of emissions from deforestation so that fossil-fuel emissions have to be at 8.5 units in the commitment period. This is 2 units lower than for country B despite similar circumstances and similar eort to reduce net emissions from LUCF. If we use the interpretation of Article 3.7 which is suggested at the end of Section 3.3, the computation for countries A and B will be unchanged but the computation for country C will be exactly as for country B (see the parenthetic numbers under country C in Table 1) because country C is now able to similarly include the emissions from deforestation in its baseline. Country D (see also column 5 of Table 1). Country D is as countries B and C except that there is a carbon sink of 1 unit in managed forests in 1990. Because there is a net carbon source in LUCF, country D is able to include deforestation in its 1990 baseline. We use country D to illustrate the consequences if the last sentence of Article 3.7 is interpreted to include `and forestry' in both parts of the sentence (see Section 3.3). In this case only the net of carbon emissions from LUCF (emissions from deforestation minus sink in managed forests) is used to de®ne the 1990 baseline so that the target for 2008/2012 is 10.45 units (95% of 11). With 1 unit of deforestation continuing in 2008/ 2012, country D has a target for emissions from fossil fuels of 9.45 units in 2008/2012. This is intermediate between countries B and C as country D is able to derive part of the bene®t provided by the literal interpretation of Article 3.7. If we use the interpretation of Article 3.7 which is suggested at the end of Section 3.3, the computation for country D will be as shown in the parenthetic numbers under column D in Table 1 and are the same as calculated for countries A, B and C (parenthetic number) which have similar circumstances and have made similar eort to reduce net emissions from LUCF. References Apps, M., Karjalainen, T., Marland, G., Schlamadinger, B., 1997. 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