5. In paragraph 15 of the preliminary finding EBCC notes that under KP the degree of flexibility available to the Annex I Parties undergoing process of transition to a market economy is different in that: (a) Article 3, paragraph 5, of the Kyoto Protocol only addresses flexibility in the use of an historical base year or period other than 1990 for the implementation of commitments under Article 3 of the Kyoto Protocol by Annex I Parties undergoing process of transition to a market economy; (b) Article 3, paragraph 6, of the Kyoto Protocol provides that a certain degree of flexibility shall be allowed by CMP to the Parties included in Annex I undergoing the process of transition to a market economy, but only in the implementation of commitments under the Kyoto Protocol other than those under Article 3; (c) Neither paragraph 5 nor paragraph 6 of Article 3 of the Kyoto Protocol provides a basis for allowing the addition of tonnes CO2 eq to the level of emissions for a base year or period in the implementation of commitments under Article 3 of the Kyoto Protocol.
5. In paragraph 15 of the preliminary finding EBCC notes that under KP the degree of flexibility available to the Annex I Parties undergoing process of transition to a market economy is different in that: (a) Article 3, paragraph 5, of the Kyoto Protocol only addresses flexibility in the use of an historical base year or period other than 1990 for the implementation of commitments under Article 3 of the Kyoto Protocol by Annex I Parties undergoing process of transition to a market economy; (b) Article 3, paragraph 6, of the Kyoto Protocol provides that a certain degree of flexibility shall be allowed by CMP to the Parties included in Annex I undergoing the process of transition to a market economy, but only in the implementation of commitments under the Kyoto Protocol other than those under Article 3; (c) Neither paragraph 5 nor paragraph 6 of Article 3 of the Kyoto Protocol provides a basis for allowing the addition of tonnes CO2 eq to the level of emissions for a base year or period in the implementation of commitments under Article 3 of the Kyoto Protocol.