Page images
PDF
EPUB

36

(m)

(n)

research and development, and the training of scientific,
technical, and managerial personnel ;)
Pinance its operations from a fund, separato from its programme
resources, established specifically to cover its administrative
expenses;
Provide annual reports to the Conference of the Parties on ito
operations and, inter all, on evaluation and usor smant of the
of toctiveness of Ito functions and, as required, information to
the subsidiary bodies of the Contorence of the parties, in order
that they can fulfil thoir mandates;
Administor the joint Laplementation, cooperative system of
exchange) of (missions commitmento] ( commitments on emissions
(of greenhouse gases) and enhancement of all sinks) according to
the terms of the Convention; )
Administor operations required of it by protocols to this
Convention, and any other matters agreed on by the Conference of
the Parties;) and
Explore ways and means to employ tinancial resources to promoto
the flexibility of intellectual property rights with a view to
promoting the transfer of sound tochnology to developing
countries. 1]

[merged small][merged small][merged small][ocr errors]

11. The Partios horoby dosignato the Global Environment facility (GBP) established and operated jointly by WB/UNDP/UNBP us the wochanisa for the provision of financial resources to Parties in need of assistance in moet ing agreed incremental costs of Laplementing this convention. 2. The Conference of the Parties shall, in accordance with rolovent Rules of Procedure, establish appropriate arrangements with the Gif to laplesont Paragraph 1 above. Such wrangements shall include inter allg! (2) modalities to promote the involvement of the Parties in the GE!

(with a view to ensuring a transparent systea of governance of
the mechanism and a balanced representation of developed and

developing country Partiool',
(b) provision for the GET in funding projects related to the

convention to comply with]/[consider, the policy and) programme
priorities and eligibility criteria vitablished by the conference

of the Parties; (C) provision for recolpt by the GET of requests from pustio in need

of assistance in wooting agreed incremental costs of laplementing

this convention,
(d) provision by the conference of the Parties or its subsidiary

bodies to the GHT of information that might promote the
Lapleaontation of this convention, including the establishment of
cooperativo linkages between the STAP and scientific and

technical bodies istablished under this convention, (O) provision by the Got of regular report, through the convention

Secretariat to the Contorence of the Parties on its operations rolated to the implementation of this convention, including projects selected; financial expenditures, current and anticipated funding reserves; the relationship between it. operations rolated to the impiemontation of this convention and other assistance it is providing in sectors relevant to climate chango; and other information of interest to the Conference of

the Partios; (4) provision for the Conference of the Partiu to request the GEF to

roconsider a particular funding decision in the light of the

criteria and priorities referred to in paragraph 21b); 3. The Conference of the Parties shall periodically assess the operation of the GE! u the mechanism for the provision of financial resources related to the implementation of this convention, with a view to modifying the arrangements under Paragraph 2 as may be appropriato.

• Noto:

The portion in square brackoto is not a legal toxt.

38

14. Parties may also provide assistance related to the laplementation of this convention through bilateral or other multilateral channel.. In this regard, interested parties may noot, on an ad hoc basis, to consider whether any party is interested in uisting another party in the laplementation of a proposed project the latter has identified in its national report. Parties way, u appropriate, invito representatives of multilateral financial institutions to such nooting for the purpose of providing thea with an opportunity to consider projects for inclusion in their development wistance portfolios.|| OPTION 3

Bstablishment

11. An International climate fund is horoby ostablished under the authority of the Conference of the Parties which shall decide on its overall policies and operations, in particular determining prioritio, criteria and selection of projects and activities to be funded. it shall be distinct and independent from other funds and international financial institutions. 2. The mechanism for financial resources and transfor of technology set up under the International climato Pund, shall be administered as follows:

reactioni rolatlag to floancial resources

(a) Moot on a grant basis the full incremental costs of measurus taken by

developing country Partia to addros climate change, in accordance with

criteria to bo dovoloped by the conferince of the parties, (b) cover the cost, to developing country Parties of adaptation and

mitigation monsurus that may be needed a i rosult of the adverso consequences of climato change and the direct and indirect social and economic costs to doveloping countries that may result from the

Laplementation of the convention, (C) Be responsible for receiving usissed and other contributions, either

financial or u otherwise provided by Parties and other bodies, in

accordance with criteria set out by the Conference of the parties, (d) Establish appropriate accounting proceduru. to ensure that all

assessments and contributions made to fulfil the obligations of the

Convention ur. properly recorded, credited and accounted for i (.) ke responsible for facilitating the identification and selection of

projects and activities for supporting the efforts of the Parties to move
thoir obligations under thio Convention,

Plaaaco the secrotusiat service of the fund and rolated support
corto,

(9) Provido? annual report to the conference of the Parties on its

operations and, as required, information to the subsidlary bodies of the contariado of the Parties, in order that they can fulfil thois mandatos; and

(n) Provide, la general, funding for projects and activities organised under

this Article and in accordance with the provisions set out by this
Convention.

reactions related to truasfor of technology
11) Pursuant to the operational guidelines and policy direction of the

Conference of the Partie, coordinate the appropriate procedures and take
the necessary stops to promoto, facilitato and enable the transfer of
technology:

39

18) Provide funding to purchase requisite technologies for the implementation

of projects undertaken by developing country Parties under the mechanism

set up by the International climate Pund; 1x) Promoto, and finance when necessary, the exchange of and access to

technological information required by the Partia. The technological information should include inter all, the environmentally sound and safe technologies including those that have been neglected or displaced, the technological options, trading conditions, implementation costs and

technological security, 11) Coordinate ways and moans to dovolop long-term technological partnership.

between the holders of environmentally sound technologies and potential users in Partios, particularly developing countries, taking into account

their national objectives and policies; (m) Organize, when requested by a recipient Party, or group of recipient

Parties and on terms and conditions set out by such recipient countries, international competitive bidding to purchase requisite technologies for

transfer to the requesting partios; (n) Provide requested support to u recipient Party or group of recipient

Parties to assess the ottors prosented in international competitivo bidding, to enable the requesting parties to obtain the most favourable terms and conditions, including inter all, in terms of price, transfer of know-how, high safety and environmental requirements, training, supply

of spare parts, and maintenanco; and (0) Ensure the development of endogenous capacity building in developing

country Partios, including technologies in the public domain, in accordance with their development plans, objectives and priorities of these countries, through, inter alig, the supply of necessary equipment, expertise and facilities for research and development, and the training of scientific, tochnical, and managerial personnel. )

[ocr errors][merged small]

(The Parties shall establish separate supplementary financial mechanisms to assist doveloping countries, particularly laust developed countries, vulnerable small island and low lying coustil developing countries (and developing countries with vulnerable mountain arou) (and countries suffering from desertification or drought) to prevent or mitigate the adverse consequences of sou-level rise (and drought and desertification, resulting from climate change, is specified in (Annex IVI (Insurance Mechanism).]

Option 2

(The Conference of the Parties shall consider what action is necessary under the Convention to meet the concerns of the most vulnerable small island and low lying developing countries about the adverse consequences of sea-level ris.)

Option 3

(The Parties shall establish separate supplementary financial mechanism(s) to wist doveloping countries, particularly those most vulnerable among them, to counter, mitigato, and/or adapt to the adverse consequences of climate change. The details of such mechanism() shall be specified by the Conference of the Parties.)

Option 4

(The Conference of the Parties shall (at its first moet ing) consider (the establishment of an insurance schewo! I what action is necessary to meet the (concerns) (noods) of the Parties which are vulnerable small liiand or vulnerable low lying coastal developing countries relating to the adverse consequences of soa-lovel riso. ]]

41

VII. PROCEDURES

VII.1. REPORTING

1. Each Party (shall), (in accordance with its capabilities, I proparı, submit and periodically update a report containing the information (set forth in Annex iij including the measurus it is taking to implement the convention. (for developing countsy Partia, the fulfilment of thii obligation will be conditional on the availability of corresponding new and additional financial resources.) (The availability of financial resources from the financial mechanism shall be contingent upon the full implementation of this obligation. ) 12. Each Party shall submit an initial report within x yours of entry into torco of the convention for it 1. except that for each country defined as a dovoloping country for the purposes of this convention, an initial roport shall be subaitted within y yours of the Convention coming into force for it,1 and further that • least developed country may submit its first report within 2 yours of the Convention coming into force for it (or within four years of receipt of financial resourcos érom the fund established under this Convention, whichever is the later). The frequency of subsequent reports for all Parties shall be determined by the Conference of the parties. (For developing country Partia, ) financial and technical fussistance) (cooperation) in the preparation of such reports shali 1.18 they so request, i be provided through procedura developed under the provisions of Article VI.6. 11determined by ëhe financial mechanism identified in Articl. VI.6).] 13. Any group of parties day, subject to prior notification to the conference of the Parties and any guidelines adopted by the conference of the Parties, submit a single report in fulfilaont of their obligation under paragraph i abovo, provided that such report includes information on each Party's fulfilment of its individual obligations. ] 14. The reports submitted by the Parties shall be transmitted by the secretariat, as soon as possible, to the Conference of the Parties (and to the (names of any subsidiary bodies concerned with the implementation).; 5. Information contained in the reports, designated us confidential by the supplying Party in accordance with (Annox 11] (criteria to be defined) shall not be disclosed by any of the bodies concerned with the reports.d/ (6. Subject to the provisions of para. 5, and without projudice to the ability of any party to make public ito report, the secretariat shall make, the reports submitted by Partie publicly available (at the time they are subaitted to the conference of the Partial lat any time, after the conference of the Parties has considered the roport from the body in charge of implementatioa).) 17. The manner in which reports would be prepared and their content, should i, subject to Annex 11,) be determined by the individual Party.)

V (It has been proposed that Annox (I have the following introduction:

*Nothing in this annex shall be interpreted as requiring Parties to
disclosi information relating to national defonso.
One delegation requested that while certain essential information in
the report, would be obligatory, some flexibility should be given wila
regard to other information. )

(VII.2. NESOLUTION OP QUESTIONS REGARDING INTERPRETATION AND ISOLERITATION OF THE CONVENTION

ProcOS:

11. Questions relating to the (interpotation or implementation of the
Convention may be drawn to the attention of the Conference of the parties by
Parties (and by any subsidiary body established by or under the Conventioni:
Any Party concerned about another party's implementation of its obligations
under the Convention or about its own capacity to implement fully those
obligations may notify its concorn, through the secretariat, to the Conference
of Partios. The Contorence of Parties shall, in a timely tashion, consider
any such question and promote its resolution. To that and it may, if it so
decides, istablish an sad hoc) Panel of of its members) (ori Trofor the
issue to the implemontation Committ..).)
Possible alternative Paragraph i
11. Any Party concerned about another party's (interpretation or
implementation of its obligations under the convention or about its own
capacity to implement fully those obligations may notify its concern, through
the secretariat, to the implementation committ...)
2. Tho (ad hoc) Panel (Implementation Committee), when the conference of the
Partio decides to refer a question to it, shall, in considering the question
before the next ordinary meeting of the Conference of the Parties:
(2) Invite the party which has brought the question to the attention

of the Conference of the Parties (Implementation Connittee) and
any other party whose (interpretation or ! Laplementation oć the
Convention is in question to attond sootings of the Panol
(Implementation Committee) and take part in consultations with

iti
(b) • Provide the party whoso (interpretation orl laplementation of the

Convention is in question 1 full opportunity to inform the Panel - ( Implementation Committee) of its capacity to implement its obligations under the Convention and of it. neede rolovant to

that is suoi (c) Consult, as it decas necessary, any subsidiary body established

by or under the convention and other export bodiosi
(d) Promote, as necessary, the enhancement of the capacity of the

Party whos. (interpretation or] Laplementation of tho convention
io in question to implement fully its obligations under the
Convontion, and
heport the results of its consultations, together with any
recommendations, to the next ordinary booting of the Conference
of the Postios.

(•)

consideration of Report

3. After consider ing the report of the (ad hoc) Panel (Implementation Committees, the conference of the Parties may decide to adopt recommendat." or recommendations to promote the full Laplomontation of the Convention and :: furthor its objectives.

Votlag

The Conference of the Parties shall make every effort to take decisions under this Article by consensus.

11 all offorts at consensus have been exhausted decisions shall, as a last resort, be taken by a two-thirds majority voto of the Parties present and voting.

Additional Rules

5. The Conference of the Parties may in olaboration of the provisions of paragraph ? of this article, lay down additional rules relating to membership os lid hoc) Panols, their meetings and procedurus. Rolationship to Dispute Sottluet (VII.3) OPTION 1 6. It, after the expiry of ... months following the initial submission of any questions to the secretariat pursuant to paragraph 1 of this article, any Party continues to have a concern relating to the (interpretation or implewantation by another Party of its obligations under the Convention, it shall be entitled to invoke the dispute sottlement procedures, established by Articl. (VII.3.1 (Settlement of Disputes) of the convention.

OPTION 2

6. The provisions of this article are without projudice to the operation of Articl. (VII.3.1 (Settlement of Disputes) of the Convention.]

« PreviousContinue »