THE NEGOTIATION SITUATION AFTER COP4 IN BUENOS AIRES The Kyoto Protocol was a major achievement in international environmental cooperation. However, we left Kyoto with some unfinished business, first of all on the rules and guidelines for making the flexible mechanisms operational: joint implementation, emissions trading and the clean development mechanism. Many of us felt when leaving Kyoto that it would be possible to make significant progress in developing the necessary rules and guidelines in the year ahead of us before the fourth Conference of the Parties (COP4) to be held in Buenos Aires. We now have to realise that this was too optimistic. In Buenos Aires we only agreed upon a Plan of Action, and even to agree on that we needed an extra night of negotiations after two weeks with very little progress. One may wonder why we are faced with so little progress. There are probably several reasons. First, there are probably some ’invisible brackets’ in the Kyoto Protocol. During the last hours in Kyoto things happened very fast and many decisions were perhaps not fully ’digested’ or accepted by all parties. We are therefore now in the position where some parties want to renegotiate questions that were settled as part of the package in Kyoto. Others do not want any rapid progress at all. In addition, the process after Kyoto has reminded us that cooperation under the convention includes many more elements than making the Kyoto mechanisms operational. In some of these areas – for example, the transfer of technology and compensation for adverse effects of climate change and/or the impact of implementation of response measures – developing countries argue that what has been achieved has not been satisfactory and are pressing for progress. We are therefore in a situation where various issues are linked; where progress in one area is dependent on progress in another area. This is illustrated by the Buenos Aires Plan of Action, which consists of a mixture of convention related and protocol related issues. For many developed countries it is of crucial importance to be certain that the Kyoto mechanisms will be operational and also to know the rules and guidelines before starting the ratification process. Delaying the work on the mechanisms will delay the ratification process and then the entry into force of the protocol, which would be very unfortunate from an environmental as well as an economic point of view. The major challenge ahead of us will therefore be to establish a constructive dialogue with all parties involved. The Umbrella Group (Australia, Canada, Japan, Iceland, New Zealand, Norway, the Russian Federation, the Ukraine and the United States) has made significant efforts in trying to contribute to development of the Kyoto Energy & Environment, Vol. 10, 1999, No. 5 535