Distr.
GENERAL
FCCC/SBI/1997/1
13 February 1997
Original: ENGLISH
SUBSIDIARY BODY FOR IMPLEMENTATION
Fifth session
Bonn, 25-28 February 1997
Item 2 (b) of the provisional agenda
1. Arrangements have been made for the fifth session of the
Subsidiary Body for Implementation (SBI) to be held at the
Stadthalle Bad Godesberg, Koblenzer Strasse 80, Bonn, from 25 to 28
February 1997. The session will be opened by the Chairman at 3 p.m.
on Tuesday, 25 February 1997.
2. The provisional agenda for the fifth session of the SBI,
proposed after consultation with the Chairman, is as
follows:
1. Opening of the session.
2. Organizational matters:
(a) Adoption of the report of the fourth session;
(b) Adoption of the agenda;
(c) Election of officers other than the Chairman;
(d) Organization of the work of the session.
GE.97-
3. National communications:
(a) Communications from Parties included in Annex I to the Convention;
(b) Communications from Parties not included in Annex I to the
Convention.
4. Financial and technical cooperation:
(a) Financial mechanism: review process referred to in decision 9/CP.1;
(b) Information on relevant action by the Council of the
Global Environment Facility.
5. Development and transfer of technologies.
6. Administrative and financial matters:
(a) Programme budget for 1998-1999: perspectives on financial requirements;
(b) Volume of documentation.
7. Legal matters:
(a) Implementation of the Headquarters Agreement;
(b) Action by the depositary of the Convention.
8. Matters arising from the United Nations General
Assembly:
(a) Special session on Agenda 21: Inputs from UNFCCC;
(b) Action by the General Assembly at its 51st
session.
9. Arrangements for intergovernmental meetings:
(a) The third session of the Conference of the Parties (COP 3);
(b) Calendar of meetings for 1997-1999.
10. Report on the session.
3. The fifth session of the SBI will be opened by the Chairman at 3 p.m. on
Tuesday, 25 February 1997.
(a) Adoption of the report of the fourth
session
4. The report of the fourth session of the SBI is presented for adoption. Since the
fourth session was rather brief, the report could not be completed
in time for adoption and the Chairman proposed that it be adopted at
the beginning of the fifth session.
(b) Adoption of the agenda
5. The provisional agenda for the fifth session of the SBI is presented for adoption
(see paragraph 2 above). The advance text of the provisional agenda issued in
December 1996 has been modified by the deletion of the item on
secretariat activities relating to technical and financial support to
Parties, the inclusion of other items and some rearrangement of items
under new headings.
(c) Election of officers other than the
Chairman
6. At its fourth session, the Chairman informed the SBI that consultations on the election of the Vice Chairmen and Rapporteurs of the SBI,
the Subsidiary Body for Scientific and Technological Advice (SBSTA) and the
Ad hoc Group on Article 13 (AG13) were being conducted by the Chairman of the
Ad hoc Group on the Berlin Mandate (AGBM) at the request of the
Conference of the Parties (COP). In view of the continuing lack of
agreement, the SBI agreed to consider the issue at its fifth
session.
(d) Organization of the work of the
session
(i) Documentation
7. A list of documents relating to the provisional agenda, as well
as other documents available at the session, is contained in annex I
below.
(ii) Schedule
8. The scheduling of meetings for the SBI session will be based on
the availability of facilities during normal working hours, when
services are available for a single meeting with interpretation from
10 a.m. to 1 p.m. and 3 p.m. to 6 p.m. There will also be some
facilities for informal meetings without interpretation. Delegations
are urged to use these facilities fully by attending all meetings
promptly at the scheduled time. Meetings of the SBSTA and the AG13
will be held in parallel with meetings of the SBI on some days during
the session. A suggested approach to the organization of work is
contained in annex II below.
(a) Communications from Parties included in Annex I to
the Convention
9. The Conference of the Parties (COP), at its second session (COP
2), by its decision 9/CP.2, paragraph 8, decided that the review
process should be continued in accordance with the relevant decisions
of the COP. The secretariat will make a short report on the progress
achieved in the process of reviewing communications from Parties
included in Annex I to the Convention.
10. Parties may also wish to note that, as requested by the SBI at its second session (FCCC/SBI/1996/9, para. 21), the secretariat is organizing an informal workshop on the implementation aspects of specific policies and measures taken by Parties included in Annex I to the Convention, with a view to exploring mechanisms to facilitate the exchange of experience in carrying out national programmes to implement the Convention. This workshop is scheduled to take place on Wednesday, 26 February 1997 from 10 a.m. to 1 p.m., and from 3 p.m. to 6 p.m. The chairperson of the SBSTA has agreed to make the SBSTA facilities available for the afternoon meeting of the workshop when the topic is
"Transfer of Technology". The chairperson of the workshop will
give a verbal report. The SBI may wish to comment on the outcome and
consider whether it would request the secretariat to continue
organizing such workshops.
(b) Communications from Parties not included in Annex 1
to the Convention
11. The COP, at its first session (COP 1), by its decision 8/CP.1, paragraph 1, requested the subsidiary bodies to develop recommendations, for consideration by the COP at its second session, on guidelines for the preparation of national communications from
non-Annex I Parties and proposals for the process to consider
these communications in accordance with Article 10 of the Convention;
furthermore, the secretariat was requested to provide a compilation
of any views transmitted by Parties
(FCCC/CP/1995/7/Add.1).
12. The COP, at its second session (COP 2), by its decision
10/CP.2, paragraph 2(a), adopted guidelines to be used by non-Annex I
parties when preparing their initial communications under the
Convention (FCCC/CP/1996/15/Add.1).
13. In order to prepare for further discussions, the SBI may wish
to request the secretariat to provide a compilation of views on the
process for consideration of the communications transmitted by
Parties to the secretariat by 15 April 1997. All documents submitted
to the secretariat may, upon request by the submitting Party, be
issued by the secretariat in the original language only and be
distributed to all delegations.
14. By its decision 10/CP.2, paragraph 1(a), with regard to communications from Parties not included in Annex I to the Convention, the COP requested the secretariat to provide a report to the SBI and the SBSTA at each of their sessions on the facilitation of assistance to the Parties in the preparation of their initial communications. In response to this request, the secretariat will provide a report on recent developments. It will also report on the responses from Parties not included in Annex I to the Convention regarding the expected date for submission of their communications (see notification of the Executive Secretary of
28 October 1996).
(a) Financial mechanism: review process referred to in
decision 9/CP.1
15. In accordance with Article 11, paragraph 4 of the Convention,
the COP at its first session (COP 1), by its decision 9/CP.1,
paragraph 2, decided to review the financial mechanism within four
years and take appropriate measures including a determination of the
definitive status of the Global Environment Facility (GEF)
vis-à-vis the Convention. The Council of the GEF, in its
report to the COP at its second session, invited the Conference of
the Parties to consider using the preparation of the assessment of
needs as an opportunity to review the financial mechanism in
accordance with decision 9/CP.1, paragraph 2, and to consider making,
at the earliest opportunity, a determination of the definitive status
of the financial mechanism in the context of the
Convention.
16. The COP, at its second session (COP 2), by its decision
11/CP.2, paragraph 4, requested the SBI at its fifth session to
undertake the review process referred to in decision 9/CP.1 and to
report on the outcome to the COP at its third session. The SBI is
therefore invited to commence its review of the financial mechanism
with the view to reporting to the COP at its third session in
December 1997. In this regard, the SBI will have before it document
FCCC/SBI/1997/2 containing information provided by the GEF to assist
the SBI in its review of the financial mechanism.
(b) Information on relevant action by the
Council of the Global Environment Facility
(GEF)
17. The COP, at its second session (COP 2), by its decision
10/CP.2, paragraph 1(b), requested the Convention secretariat to make
available to the SBI, at each of its sessions, details of financial
support made available to Parties not included in Annex I to the
Convention (non-Annex I Parties) from the interim operating entity of
the financial mechanism for the preparation of their initial
communications, including projects in this regard proposed by each
Party; those details should include the funding decision and the date
and amount of funds made available to Parties. The GEF has provided
the information requested to the secretariat. It is contained in
document FCCC/SBI/1997/Misc.1. The document also contains information
on relevant action by the Council of the GEF at its meeting held from
8 to 10 October 1996.
18. The COP, at its second session (COP 2), by its decision 7/CP.2, paragraph 2(b), requested the secretariat to give high priority to the development and completion of a survey of the initial technology needs, as well as technology information needs, of Parties not included in Annex I to the Convention. The COP also requested the secretariat to expedite the preparation of reports on adaptation technologies and the terms of transfer of technology and know-how conducive to mitigating and adapting to climate change, and, in preparing these reports, to draw on nominees from Parties with expertise in these fields. The secretariat has prepared a progress report on technology and technology transfer (FCCC/SB/1997/1). The report provides information on the survey of technology needs, plans for a report on adaptation and technology information centres and networks, and other activities. Submissions from Parties are also available regarding technologies and the know-how required to address climate change and its adverse effects
(FCCC/SBSTA/1997/Misc.1 and Add.1). The SBSTA will discuss the issue further at its
fifth session and refer to the SBI any matter that may require its
consideration.
(a) Programme budget for 1998-1999: perspectives on
financial requirements
19. The COP, at its second session (COP 2), by its decision 16/CP. 2, paragraph 15, requested the Executive Secretary to provide to the SBI, at its fifth session in
February/March 1997, some perspectives of estimated financial
requirements for the biennium 1998/1999. In response to the above
request the Executive Secretary has prepared document
FCCC/SBI/1997/3. This document contains initial information on the
proposed approach to the programme budget for the biennium 1998-1999,
including a revised programme structure, initial estimates of
aggregate financial requirements and proposals regarding the
timetable for decisions. The SBI is invited to endorse the timetable
and to ask the Executive Secretary to submit to its next session a
programme budget for 1998-1999 taking into account the views
expressed by delegations.
(b) Volume of documentation
20. The COP, at its second session (COP 2), by its decision 17/CP.
2, paragraph 1, called on the Parties to limit, to the extent
possible, requests for additional documentation, and also the volume
of comments submitted for consideration by the COP and its subsidiary
bodies. It also requested the Executive Secretary to limit, to the
extent possible, the number and length of documents produced by the
secretariat (see paragraph 2). The Executive Secretary was also
requested to submit to the SBI, at its fifth session, further options
for reducing the costs of documentation for the meetings of the COP
and of subsidiary bodies (see paragraph 3). The secretariat has
consistently tried to limit the costs of documentation, but will not
be able to propose options for reducing the costs until after the
present meeting, when the necessary information and statistics will
be completed. This information will be compiled to obtain a baseline
for comparison of costs. In the meantime, the secretariat is ready to
provide information in response to questions. A secretariat paper on
the subject will be available for consideration by the SBI at its
sixth session.
(a) Implementation of the Headquarters
Agreement
21. The Conference of the Parties, at its second session (COP 2), by its decision 15/CP.2, paragraph 1, approved the Agreement signed in Bonn on 20 June 1996 concerning the headquarters of the Convention secretariat. Article 6, paragraph 6 of the Agreement provides that the Agreement shall enter into force on the day following the date of the receipt of the last of the notifications by which the Parties will have informed each other of the completion of their respective formal requirements. The SBI may wish to note that formal requirements for the entry into force of the Agreement among the United Nations, the Government of the Federal Republic of Germany and the secretariat of the United Nations Framework Convention on Climate Change concerning the headquarters of the Convention secretariat were completed by the United Nations in December 1996. The Agreement will enter into force as soon as the German Parliament has adopted the required legislation; this is expected to be enacted by July 1996. Meanwhile, in December 1996, the Government of Germany issued an ordinance on the provisional application of the Agreement in accordance with Article 6, paragraph 5. This ordinance provisionally applies those articles of the Agreement which are derived, mutatis mutandis, from the Agreement concerning the headquarters of the United Nations Volunteers Programme. Certains elements of the former Agreement are specific to it and are not covered by the application of the UNV Agreement:
these elements are Article 3, paragraph 3, on visas, entry permits
or licenses where required for persons entering the host country on
official business of the Convention; Article 4 on legal capacity; and
Article 5 on immunity of persons on official business of the
Convention. These will eventually be covered by the legislation which
is being enacted. The secretariat is in consultation with its
counterparts in the Government of Germany on issues arising from the
provisional application of the Agreement.
(b) Action by the depositary of the
Convention
22. The COP, at its second session (COP 2), requested the secretariat to report in due course to the Parties to the Convention, through the SBI, on the results of its consultations with the United Nations Office of Legal Affairs and on any action taken by the depositary in response to the request from the Czech Republic and the Slovak Republic that the name of Czechoslovakia be deleted from Annex I to the Convention, and that the names of the
Czech Republic and the Slovak Republic be included in Annex I.
(See Part II, Section III of FCCC/CP/1996/15/Add.1, para.1). In an opinion provided by the
Treaty Office of the United Nations Office of Legal Affairs the depositary discounts the use of the correction procedure, as not applicable for the inclusion of the two countries in
Annex I of the Convention. The use of an amendment procedure under Article 16 of the Convention is considered possible but rather cumbersome for the envisaged change. The SBI may wish to note that Article 4, paragraph 2 (f) of the Convention provides that
"... the Conference of the Parties shall review, not later than 31
December 1998, available information with a view to taking decisions
regarding such amendments to the lists in Annexes I and II as may be
appropriate, with the approval of the Party concerned". In this
regard, the SBI may wish to recommend to the COP that the Czech and
Slovak Republics be included in Annex I to the Convention when it
comes to review the lists in Annexes I and II to the
Convention.
(a) Special session on Agenda 21: Inputs from
UNFCCC
23. The COP, at its second session (COP 2), decided in response to the invitation by the General Assembly in its resolution 50/113 to provide an input to the special session of the General Assembly on Agenda 21. The COP requested the SBI to consider the matter at its fifth session in February 1997, and provide an input to the special session of the
General Assembly on behalf of the COP.
24. The COP further requested the Convention secretariat to submit
a brief report to the SBI to facilitate its work on such an input
(see FCCC/CP/1996/15/Add.1, para. 3). Consequently, the secretariat
has prepared document FCCC/SBI/1997/4 containing material that the
SBI could use in preparing its input to the special session of the
General Assembly on behalf of the COP.
(b) Action by the General Assembly at its 51st
session
25. The COP, at its second session (COP 2), by its decision
14/CP.2, paragraph 7, requested the Executive Secretary to report to
the SBI at its fifth session on the results of the 1996 review of
administrative support and of the Secretary-General's report to the
fifty-first session of the General Assembly on the implementation of
resolution 50/115. The review of the administrative arrangements has
been postponed until later in 1997 when the secretariat's
administrative capacities will have been consolidated. In the
meantime, additional resources are being sought from the overhead
funds paid to the United Nations to strengthen the secretariat's
administrative unit. The Secretary-General's report and the General
Assembly resolution are available to Parties as information
documents.
(a) The third session of the
Conference of the Parties
26. The COP, at its second session (COP 2), by its decision
1/CP.2, paragraph 2, on the date and venue of the third session of
the COP decided that the third session of the COP shall be held in
Kyoto, Japan, from 1 to 12 December 1997. The COP also requested the
Executive Secretary to make satisfactory arrangements with the
Government of Japan for it to host the conference in Kyoto and to
meet the related costs. Accordingly, the SBI will have before it
document FCCC/SBI/1997/5 containing information on arrangements being
made by the secretariat in connection with COP 3, including the
preparation of the provisional agenda for the session, suggestions
concerning the organization of the work of the session and possible
items to be included in the agenda. The SBI may wish to give guidance
on these matters and in particular advise whether there should be a
high level or ministerial segment during COP 3, and if so
when.
(b) Calendar of meetings for
1997-1999
27. The COP, at its second session (COP 2), took note of the recommendation of the Bureau that the SBSTA, the SBI and the AG13 should not meet concurrently with
the third session of the COP and agreed to the calendar of meetings proposed
by the Executive Secretary on the basis of discussion in the Bureau
(see FCCC/CP/1996/15/Add.1, Section III, para.6). The COP also
agreed that the Bureau would keep the calendar under
review.
28. The Bureau at the same meeting agreed on a calendar of
meetings for 1997 that provided for four blocks of meetings. The
Bureau also recommended that given the timing of COP 3, the fourth
session of the COP (COP 4) could be held in early 1999. In that
context, at the fourth session of the SBSTA in December 1996, the
representative of the Group of 77 and China called for COP 4 to be
held in 1998. The Executive Secretary has commented on this proposal
(see FCCC/SBSTA/1996/20, para. 86). The issue will be considered
further by the Bureau at its next meeting, taking into account the
views expressed by the SBI.
29. The relatively short duration of the session may mean that a complete draft text of the report on its work might not be available at the end of the session. The SBI may wish to adopt decisions or texts of substantive conclusions and authorize the Chairman to complete the report after the session, with the assistance of the secretariat. While every effort will be
made to have conclusions available in all languages, this will only be possible if sufficient time is available for translation.
FCCC/SBI/1997/1 Provisional agenda and annotations
FCCC/SBI/1997/2 Financial and technical cooperation: Financial
Mechanism: review process referred to in decision 9/CP.1
FCCC/SBI/1997/3 Administrative and financial matters: Programme
Budget for 1998-1999: perspectives on financial
requirements
FCCC/SBI/1997/4 Matters arising from the United Nations General
Assembly: Special session on Agenda 21: Inputs from
UNFCCC
FCCC/SBI/1997/5 Arrangements for intergovernmental meetings: The
third session of the Conference of the Parties (COP 3)
FCCC/SBI/1997/Misc.1 Financial and technical cooperation: Information on relevant action by the Council of the Global
Environment Facility
FCCC/SBI/1996/14 Report of the Subsidiary Body for Implementation on the work of its fourth session held at Geneva from
10-11 December 1996
FCCC/SB/1997/1 Progress report on technology and technology
transfer
FCCC/SBSTA/1997/Misc.1 Technology and technology information needs
Comments from a Party
FCCC/SBSTA/1997/Misc.1/Add.1 Technology and technology information needs
Comments from Parties
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10 a.m. to 1 p.m |
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Items 4(a) and 4(b) |
Items 6 and 7 |
Informal Consultations |
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3 p.m. to 6 p.m. |
Items 1, 2, 3, 5 and 6 |
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Items 8 and 9 |
Item 10 |
Items from the provisional agenda:
1. Opening of the session
2. Organizational matters:
(a) Adoption of the report of the fourth session;
(b) Adoption of the agenda;
(c) Election of officers other than the Chairman;
(d) Organization of the work of the session
3. National communications:
(a) Communications from Parties included in Annex I to the
Convention;
(b) Communications from Parties not included in Annex I to the
Convention.
4. Financial and technical cooperation:
(a) Financial mechanism: review process referred to in decision
9/CP.1;
(b) Information on relevant action by the
Council of the Global Environment Facility.
5. Development and transfer of technologies
6. Administrative and financial matters:
(a) Programme budget for 1998-1999: perspectives on financial
requirements;
(b) Volume of documentation.
7. Legal matters:
(a) Implementation of the Headquarters Agreement;
(b) Action by the depositary of the Convention.
8. Matters arising from the United Nations General
Assembly
(a) Special session on Agenda 21: Inputs from UNFCCC;
(b) Action by the General Assembly at its 51st
session.
9. Arrangements for intergovernmental meetings:
(a) The third session of the Conference of the
Parties;
(b) Calendar of meetings for 1997-1999.
10. Report on the session.
Other meetings relevant to the work of the
SBI:
. The AG13 and the SBSTA will hold their meetings
in parallel with meetings of the SBI.