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.