11 June 1997
ENGLISH ONLY
UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE
AD HOC GROUP ON ARTICLE 13
Fifth session
Bonn, 28-30 July 1997
Item 3 of the provisional agenda
At its fourth session, the Ad Hoc Group on Article 13 invited
Parties to submit by 1 June 1997 any proposals they might have on the
compilation text contained in annex II of the Report on the session
(FCCC/AG13/1997/2 para. 13 (c)). Two such
submissions(1) have been
received.
In accordance with the procedure for miscellaneous documents,
these submissions are attached and are reproduced in the language in
which they were received and without formal editing.
FCCC/AG13/1997/MISC.2
GE.97-
Paper No. Page
1. Republic of Uzbekistan 3
(Submission dated 30 May 1997)
PROPOSALS OF THE REPUBLIC OF
UZBEKISTAN
2. Switzerland 6
(Submission dated 30 May 1997)
PRELIMINARY COMMENTS ON THE
FRAMEWORK COMPILATION PROPOSED
BY THE CHAIRMAN IN THE REPORT
OF THE FOURTH SESSION OF THE AG13
Framework of document for the Establishment of Multilateral Consultative Committee on the decision of issues on Convention implementation can be adopted in the form as presented in
Annex II of Report at 4th session AG13.
1. A multilateral consultative committee on permanent basis is
established by Conference of the Parties.
- establishment on permanent basis is proposed for ensuring the
succession.
2. The objective of the committee will be to provide Parties with
advice on questions regarding the implementation of the convention
with a view to :
(a) Assisting individual Parties in their implementation and
promoting understanding of the convention;
(b)
- combined with (a) as revealing the stages of integrated
process;
(c) preventing disputes from arising and avoiding
possible;
(d) finding solutions in form of recommendations taking into
account the decisions of other Subsidiary Bodies;
- enlarged for giving constructive character to process of decision search;
(e)
- eliminated as duplicating item (a).
3. To this end it will consider:
(a) providing consultative assistance to Parties in relation to
difficulties they encounter in the course of implementation including
:
(i) clarification of questions; and
(ii) assistance to the developing country Parties, in accordance
with Article 12.7;
- fragment is abolished as presenting the content of Article
12.7.
(b) in consultation with the Party or Parties concerned,
submissions made by a Party or Parties and all other relevant
information which is to be made available to it by COP, by Convention
bodies or secretariat; and
- item is supplemented by specification of by Convention
bodies;
(c)
- to present in the next edition : "tasks, within the framework
its competence, entrusted to it by the COP".
4. The committee will not in any way duplicate activities
performed by other Convention bodies.
5. The process will be separate form, and without prejudice to, the provisions of
Article 14.
6. The process will be conducted in facultative, co-operative,
non-confrontational, transparent, timely manner, and be non-judicial,
constructive and expert.
- the adding of expert and constructive emphasises the character
of process.
7. It will consist of 10 members.
8. It will comprise persons nominated by governments, acting in
their individual capacity who are experts in social, economic, legal,
technical, scientific and technological and environmental fields in
field on the Convention.
- the second version is chosen as being of more general
character.
9. Its members will be elected by the COP for two years based on
equitable geographical distribution and the principle of rotation.
The chairmen of the subsidiary bodies may participate in meetings of
the committee as observers. The committee may draw upon a roster of
experts.
- the preferred versions has been chosen.
10. The Committee will meet at least once a year. Meetings of
committee will whenever practicable, take place in conjunction with
sessions of the COP or its Subsidiary Bodies.
11. It will report to each ordinary session of the COP on all
aspects of its work, with a view to the COP taking whatever decisions
it considers necessary.
12. It will consider and report on any submission made by one or
more Parties, references made to it by the COP, SBI or SBSTA and
information provided by secretariat regarding implementation of
obligations any Party.
13. The conclusions and any recommendations of the committee will
be sent to the Party, or Parties, concerned for its, or their
consideration. Such conclusions and recommendations will include, as
appropriate, elements relating to the cooperation between the Party
or Parties, concerned and others to further the objectives of the
Convention.
The conclusions and recommendations will be subject to the consent
of the Party, or Parties, concerned. The committee will,m in
addition, make its conclusions and recommendations available to the
COP in due time before its sessions.
14. The functions and mandate of the committee may be further
elaborated by the COP to take account of any amendment to the
Convention, any decisions of the COP or experience gained with the
working of process.
1. A multilateral consultative
[standing] [ad
hoc] committee is hereby established as an Executive
Body of the Subsidiary Body for Implementation to conduct the
multilateral consultative process referred to in
article 13 of the Convention by the Conference of
the Parties. [....]
2. The objective of the process
Committee is will
be to provide Parties [on [their] request]
with advice and support on questions regarding the
implementation of the Convention, its Protocols and the
decisions of their governing bodies with a view
to:
[(a) [facilitating
promoting implementation by individual
Parties of the Convention, its Protocols and the
decisions of their governing bodies by individual
Parties]
[assisting individual Parties in their implementation of
the Convention];]
[(b) promoting understanding of the
Convention, its Protocols and the decisions of their
governing bodies, including of articles and decisions which do not
contain any specific commitment;]
[(c) preventing disputes from
arising.;]
[(d) finding solutions;] and
[(e) providing assistance to Parties to promote the
process of implementation of the Convention].
3. To this end it will consider questions regarding the
implementation of the Convention, its Protocols and the decisions of
their governing bodies, submitted in accordance with
11, including:
[(a) addressing concerns and difficulties
encountered by Parties in the implementation of the Convention, its
Protocols and the decisions of their governing bodies;
providing assistance to Parties in relation
to difficulties they encounter in the course of implementation
including:
(i) clarification of questions; and
(ii)
(b) on request, assistance to the developing
country Parties, in accordance with Article 12.7, in
procuring of technical and financial
support in compiling and communicating information, as well as in
identifying the technical and financial needs associated with
proposed projects and response measures under Article 4;
[(b) in consultation with the Party or Parties concerned,
submissions made by a Party or Parties and all other relevant
information [which is to be made available to it by other Convention
bodies]:] and
[(c) any tasks entrusted to it by the
COP].
4. The Committee will not in any way duplicate activities
performed by other Convention bodies.
5. The process will be separate from and without prejudice to, the
provisions of Article 14.
6. The process will be conducted in a facilitative, cooperative,
non-confrontational, transparent,
[timely] manner, and be
non-judicial. [Concerned Parties will be entitled to
participate fully in the process.]
7. It will [be open ended]
consists of [5 ] [10] [15]
[25] members elected by the Conference of the
parties for two years, half of them being elected each year, based on
equitable geographical basis and the principle of rotation.
8. It will comprises government
representatives [persons nominated by governments acting in
their individual capacity] who are experts
[in social, economic, legal, technical, scientific
and technological, and/or environmental fields] [with
relative knowledge] in the field of relevant to
the Convention.
9. Its members will be elected by the COP for [one] [two]
[three] years based on equitable geographical distribution [and the
principle of rotation] [other arrangement ...]. The
Party/Parties concerned is/are entitled to participate fully in the
process until the stage of elaboration of conclusions and any
recommendations.
The chairmen of the Conference of the Parties and of its
of the subsidiary bodies [will be
ex-officio members of the committee][may participate in
meetings of the committee as observers].
[The Committee may draw upon the
expertise of and information communicated to other bodies established
under the Convention and its Protocols as well as upon a
roster of experts [set up by it].] [It may
draw upon the expertise of other bodies established under the
Convention] [and] [or] [establish ad hoc
panels].]
10. The Committee will meet [at least once a year]
[as and when necessary, but at least once a
year]. Meetings of the committee will,
whenever practicable, take place in conjunction with sessions of the
COP or its subsidiary bodies.
11. It will report [[regularly] to the COP] [to each
ordinary session of the COP] [through the SBI] on all aspects of its
work, with a view to the COP taking whatever decisions it considers
necessary.
12. 11. The
committee It will
[receive,] consider and report on any submission
made by [a Party on its own request,] [one or more
Parties,] [and references made to it by the
COP or its subsidiary bodies. The committe may consider and
report on submissions made by the Secretariat. , SBI
or SBSTA], [and information provided by the secretariat regarding
implementation of obligations by any Party]. [Such
[submissions], [references] [and
information] shall be supported by specific corroborating
information.]
At its first session, the Committee will adopt its own
rules of procedure.
13. 12. The conclusions and any
recommendations of the committee will be sent to the Party,
or Parties, concerned for its, or their, consideration. Such
conclusions and recommendations will include, as
appropriate, elements relating to:
(a) appropriate [assistance]
in accordance with article 12.7,
[support] and
[encouragement]and
clarification;
(b) cooperation between the Party, or Parties, concerned and others to further the objectives of the Convention, its Protocols and the decisions of their governing bodies.
[The conclusions and recommendations will be subject to
the consent of the Party, of Parties,
concerned.]. The committee will, in
addition, make its conclusions and recommendations available
to the COP [through the SBI] in due
time before its [their] sessions
with a view to the Conference of the Parties taking whatever
decisions it deems necessary including, as a last resort, making the
provision of assistance contingent on the respect of a particular
obligation in the future, issuing cautions and/or suspension of
specific rights and privileges under the Convention and its
Protocols. .
14. 13. The functions and [terms
of reference] [mandate] of the committee may be further
[elaborated] [amended] by the COP
to take account of [any amendment to the
convention], [any decision of the
COP] or [experience gained with the
working of the process].]
* These comments have been adapted to the actual stage of
discussion. They will require further elaboration and specification
as the Group advances in its work.
1. * In order to make these submissions available on electronic systems, including the World Wide Web, these contributions have been electronically scanned and/or retyped. The secretariat has made every effort to ensure the correct reproduction of the texts as submitted.