Distr.
GENERAL
FCCC/CP/1997/5
19 November 1997
Original: ENGLISH
CONFERENCE OF THE PARTIES
Third session
Kyoto, 1-10 December 1997
Item 2 (b) of the provisional agenda
Note by Mr. Chen Chimutengwende (Zimbabwe),
President of the Conference
of the Parties at its second session, on his
informal consultations
on the draft rules of
procedure
I. INTRODUCTION
1. Article 7.2(k) of the Convention provides that the
Conference of the Parties (COP) shall agree upon and adopt, by
consensus, rules of procedure and financial rules for itself and for
any subsidiary bodies.
2. Article 7.3 further provides that the COP shall, at its
first session, adopt its own rules of procedure as well as those of
the subsidiary bodies established by the Convention, which shall
include decision-making procedures for matters not already covered by
decision-making procedures stipulated in the Convention. Such
procedures may include specified majorities for the adoption of
particular decisions.
GE.97-
3. It will be recalled that the Conference of the Parties,
at its first session, was unable to adopt its rules of procedure and
decided to apply the draft rules contained in document
A/AC.237/L.22/Rev. 2, as amended by document FCCC/CP/1995/2, with the
exception of draft rule 42 (see FCCC/CP/1995/7, para.10). It was
further decided that the President of the Conference of the Parties
would conduct informal consultations on the draft rules of procedure
with a view to advancing consensus and report to the Conference of
the Parties at its second session on the outcome of the
consultations. In her opening statement to the Conference of the
Parties at its second session, the outgoing President reported that
her consultations had not achieved the desired results and that the
differences among the Parties remained unresolved.
4. The Conference of the Parties, at its second session,
was again unable to adopt the draft rules and the President ruled
that the draft rules of procedure should continue to be applied as at
its first session (see FCCC/CP/1996/15, para. 12). The President of
the Conference expressed his intention to carry out further
consultations during the intersessional period, with a view to
enabling the Conference to adopt its rules of procedure at the outset
of the third session.
5. The draft rules of procedure are contained in document
FCCC/CP/1996/2. The main outstanding issue concerns the majorities
required for the adoption of specific types of decisions on matters
of substance (rule 42, paragraph 1). Views are widely divergent on
this issue. Some disagreement also persists on the composition of the
Bureau of the COP (rule 22, paragraph 1).
II. DRAFT RULE 42, PARAGRAPH 1
(majorities required for decisions on matters of
substance)
6. The President held informal consultations on draft rule
42, paragraph 1, with some ministers during the high-level segment of
the UNEP Governing Council in February 1997, Nairobi, Kenya. In view
of the positive response from those ministers, he invited ministers
attending the ministerial segment of the Commission on Sustainable
Development to join him in further consultations. At a luncheon
organized with the assistance of the Government of Japan at United
Nations Headquarters on 10 April 1997, the ministers and the
representatives present expressed their views on the majorities
required for decisions on matters of substance. In addition to the
views expressed on that occasion, some ministers communicated views
and comments to the President in writing. The President also
conducted additional consultations during the sessions of the
subsidiary bodies held in July-August and October 1997. The following
positions regarding voting majorities were discerned by the President
as a result of these consultations:
(a) Consensus or general agreement on all matters of
substance (including the adoption of a protocol);
(b) Three-fourths majority on all matters of substance
(including the adoption of
a protocol);
(c) Two-thirds majority on all matters of substance
(including the adoption of
a protocol);
(d) Double majority (Annex I and non-Annex I Parties) on
all matters of substance (including the adoption of a
protocol);
(e) Consensus on matters relating to the financial
mechanism and at least a two-thirds majority on all other matters of
substance (including the adoption of a protocol);
(f) Double three-fourths majority (Annex I and non-Annex I
Parties) on matters relating to the financial mechanism;
(g) Seven-eighths on all mattters of substance (consensus
required for a protocol); and
(h) Three-fourths majority on all matters of substance,
including the adoption of a protocol, and a simple double majority on
matters relating to the financial mechanism.
7. The following general conclusions were drawn by the
President, as a basis for a possible agreement on procedures on
taking decisions on matters of substance:
(a) Parties should aim at reaching consensus on all such
matters;
(b) Consensus does not mean unanimity; and
(c) Wherever it is not possible to reach decisions by
consensus, the Parties may resort to voting.
8. The President of COP 2 wishes to advance the following
options on substantive
decision-making for consideration by the Conference of the
Parties:
(a) Option 1: Three-fourths
majority
9. The first option for consideration is a three-fourths
majority of Parties present and voting for all decisions on matters
of substance, including the adoption of a protocol and decisions
regarding the financial mechanism. This is the same voting majority
as that established by Article 15 of the Convention for the adoption
of amendments, if the Parties are unable to reach agreement by
consensus.
Three-fourths majority, if all Parties are present and
vote:
|
No. of Parties
|
Three-fourths majority
|
|
171
|
128
|
Three-fourths majority, if two-thirds of the Parties are
present and vote (rule 31 requires
a quorum of two-thirds of the Parties for a decision to be
taken):
|
No. of Parties
|
Two-thirds of Parties present at a meeting
|
Three-fourths of Parties present and voting
|
|
171
|
114
|
86
|
(b) Option 2: Seven-eighths
majority
10. The second option is a seven-eighths majority of
Parties present and voting for all decisions on matters of substance,
including the adoption of a protocol and decisions regarding the
financial mechanism. This large majority for substantive decisions
should meet the concerns of all groups of Parties, including those
that fear that their concerns may not be taken into account if voting
majorities are not large enough.
Seven-eighths majority, if all Parties are present and
vote:
|
No. of Parties present and voting
|
Seven-eighths majority
|
|
171
|
150
|
Seventh-eighths majority, if two-thirds of the Parties are
present and vote (rule 31 requires a quorum of two-thirds of the
Parties for a decision to be taken):
|
No. of Parties
|
Two-thirds of Parties present at a meeting
|
Seven-eighths of Parties present and voting
|
|
171
|
114
|
100
|
11. The President discerned a certain interest in this
option and suggests the COP may wish to give further consideration to
it.
III. DRAFT RULE 22, PARAGRAPH I
(Composition of the Bureau of the
COP)
12. This matter was considered in the informal
consultations in the light of the request from a number of Parties
that depend on the export of fossil fuels that an additional seat on
the Bureau be reserved for Parties covered by Article 4.8(h). This
would require a modification of rule 22 as presently
drafted.
13. Several of the Parties involved in the informal
consultations did not favour reopening discussions on draft rule 22.
They were of the view that the Bureau should remain as presently
constituted, and considered that concerns of special interest groups
should be accommodated within the various regional groups. It was
noted, however, that draft rule 22, paragraph 1, made explicit
provision for the special interest group of the small island
developing States.
IV. RECOMMENDATION
14. In order to ensure the smooth functioning of the third
session of the Conference of the Parties, the President of the
Conference of the Parties at its second session invites the
Conference to adopt the draft decision contained in annex I to this
report, which calls for the adoption of the rules of procedure
annexed to the draft decision, with the exception of draft rule 22,
paragraph 1, and draft rule 42, paragraph 1, on the understanding
that draft rule 22, paragraph 1, shall continue to be
applied.
15. The President of the Conference of the Parties at its
third session may wish to undertake further consultations, with a
view to resolving the remaining issues on the rules of
procedure.
Annex I
Draft decision for adoption by the
Conference of the Parties at its third
session
Decision --/CP.3
The Conference of the Parties,
Recalling Article 7.2(k) and 7.3 of the
Convention,
Recalling that the Conference of the Parties at
its first session decided, on the proposal of the President, to apply
the draft rules of procedure as amended, with the exception of draft
rule 42 (FCCC/CP/1995/7, para. 10),
Recalling further that, at the second session of
the Conference of the Parties, the President ruled that the draft
rules of procedure should continue to be applied, with the exception
of draft rule 42 (FCCC/CP/1996/15, para.12),
Recognizing that it would assist the functioning
of the Conference of the Parties to adopt those parts of the rules of
procedure that have been applied at previous sessions,
1. Adopts the rules of procedure that are annexed
to this decision, with the exception of rule 22, paragraph 1, and
rule 42, paragraph 1, on the understanding that rule 22, paragraph 1,
shall continue to be applied;
2. Welcomes the considerable efforts made by the
successive Presidents of the Conference of the Parties to bring about
finalization of the rules and invites the President of the Conference
of the Parties at its third session to undertake consultations with a
view to resolving the remaining issues.
Annex to the draft decision
United Nations Framework Convention on Climate
Change
Draft Rules of Procedure of the Conference of the
Parties and its Subsidiary Bodies
I. SCOPE
Rule 1
These rules of procedure shall apply to any session of the
Conference of the Parties to the Convention convened in accordance
with Article 7 of the Convention.
II. DEFINITIONS
Rule 2
For the purposes of these rules:
1. "Convention" means the United Nations Framework
Convention on Climate Change, adopted at New York on 9 May 1992 and
opened for signature in Rio de Janeiro on
4 June 1992;
2. "Parties" means Parties to the Convention;
3. "Conference of the Parties" means the Conference of the
Parties established by
Article 7 of the Convention;
4. "Session" means any ordinary or extraordinary session
of the Conference of the Parties convened in accordance with Article
7 of the Convention;
5. "Regional economic integration organization" means an
organization defined in
Article 1, paragraph 6 of the Convention;
6. "President" means the President of the Conference of
the Parties elected in accordance with Rule 22, paragraph 1 of these
rules;
7. "Secretariat" means the permanent secretariat
designated by the Conference of the Parties in accordance with
Article 8, paragraph 3 of the Convention.
8. "Subsidiary body" means those bodies established by
Articles 9 and 10 of the Convention, as well as any body, including
committees and working groups, established pursuant to Article
7(2)(i) of the Convention.
III. PLACE OF SESSIONS
Rule 3
The sessions of the Conference of the Parties shall take
place at the seat of the secretariat, unless the Conference of the
Parties decides otherwise or other appropriate arrangements are made
by the secretariat in consultation with the Parties.
IV. DATES OF SESSIONS
Rule 4
1. Ordinary sessions of the Conference of the Parties
shall be held once every year, unless the Conference of the Parties
decides otherwise.
2. At each ordinary session, the Conference of the Parties
shall decide on the date and duration of the next ordinary session.
The Conference of the Parties should endeavour not to hold such a
session at a time which would make the attendance of a significant
number of delegations difficult.
3. Extraordinary sessions of the Conference of the Parties
shall be held at such times as may be deemed necessary by the
Conference of the Parties, or at the written request of any Party,
provided that, within six months of the request being communicated to
them, in a timely manner, by the secretariat, it is supported by at
least one third of the Parties.
4. In the case of an extraordinary session held at the
written request of a Party, it shall be held not more than ninety
days after the date at which the request is supported by at least one
third of the Parties in accordance with paragraph 3 of this
rule.
Rule 5
The secretariat shall notify all Parties of the dates and
venue of a session at least two months before the session is
held.
V. OBSERVERS
Rule 6
1. The United Nations, its specialized agencies, any
international entity or entities entrusted by the Conference of the
Parties pursuant to Article 11 of the Convention with the operation
of the financial mechanism, and the International Atomic Energy
Agency, as well as any State member thereof or observers thereto not
Party to the Convention, may be represented at sessions of the
Conference of the Parties as observers.
2. Such observers may, upon invitation of the President,
participate without the right to vote in the proceedings of any
session, unless at least one third of the Parties present at the
session object.
Rule 7
1. Any body or agency, whether national or international,
governmental or non-governmental, which is qualified in matters
covered by the Convention and which has informed the secretariat of
its wish to be represented at a session of the Conference of the
Parties as an observer may be so admitted unless at least one third
of the Parties present at the session object.
2. Such observers may, upon invitation of the President,
participate without the right to vote in the proceedings of any
session in matters of direct concern to the body or agency they
represent, unless at least one third of the Parties present at the
session object.
Rule 8
The secretariat shall notify those entitled to be
observers pursuant to Rules 6 and 7 above of the date and venue of
any session scheduled by the Conference of the Parties so that they
may be represented by observers.
VI. AGENDA
Rule 9
In agreement with the President, the secretariat shall
draft the provisional agenda of each session.
Rule 10
The provisional agenda for each ordinary session shall
include, as appropriate:
(a) Items arising from the articles of the Convention,
including those specified in Article 7 therein;
(b) Items the inclusion of which has been decided at a
previous session;
(c) Items referred to in Rule 16 of the present rules of
procedure;
(d) Any item proposed by a Party and received by the
secretariat before the provisional agenda is circulated;
(e) The proposed budget as well as all questions
pertaining to the accounts and financial arrangements.
Rule 11
For each ordinary session, the provisional agenda,
together with supporting documents, shall be distributed in the
official languages by the secretariat to the Parties at least six
weeks before the opening of the session.
Rule 12
The secretariat shall, in agreement with the President,
include any item which is proposed by a Party and has been received
by the secretariat after the provisional agenda has been produced,
but before the opening of the session, in a supplementary provisional
agenda.
Rule 13
The Conference of the Parties when adopting the agenda may
decide to add, delete, defer or amend items. Only items which are
considered by the Conference of the Parties to be urgent and
important may be added to the agenda.
Rule 14
The provisional agenda for an extraordinary session shall
consist only of those items proposed for consideration in the request
for the holding of the extraordinary session. It shall be distributed
to the Parties at the same time as the invitation to the
extraordinary session.
Rule 15
The secretariat shall report to the Conference of the
Parties on the administrative and budgetary implications of all
substantive agenda items submitted to the session, before they are
considered by it. Unless the Conference of the Parties decides
otherwise, no such substantive agenda item shall be considered until
at least forty-eight hours after the Conference of the Parties has
received the report of the secretariat on the administrative and
budgetary implications.
Rule 16
Any item of the agenda of an ordinary session,
consideration of which has not been completed at the session, shall
be included automatically in the agenda of the next ordinary session,
unless otherwise decided by the Conference of the
Parties.
VII. REPRESENTATION AND CREDENTIALS
Rule 17
Each Party participating in a session shall be represented
by a delegation consisting of a head of delegation and such other
accredited representatives, alternate representatives and advisers as
it may require.
Rule 18
An alternate representative or an adviser may act as a
representative upon designation by the head of
delegation.
Rule 19
The credentials of representatives as well as the names of
alternate representatives and advisers shall be submitted to the
secretariat if possible not later than twenty-four hours after the
opening of the session. Any later change in the composition of the
delegation shall also be submitted to the secretariat. The
credentials shall be issued either by the Head of State or Government
or by the Minister of Foreign Affairs or, in the case of a regional
economic integration organization, by the competent authority of that
organization.
Rule 20
The Bureau of any session shall examine the credentials
and submit its report to the Conference of the Parties.
Rule 21
Representatives shall be entitled to participate
provisionally in the session, pending a decision by the Conference of
the Parties to accept their credentials.
VIII. OFFICERS
Rule 22
1. At the commencement of the first meeting of each
ordinary session, a President, seven Vice-Presidents, the Chairmen of
the subsidiary bodies established by Articles 9 and 10 of the
Convention, and a Rapporteur shall be elected from among the
representatives of the Parties present at the session. They will
serve as the Bureau of the session. Each of the five regional groups
shall be represented by two Bureau members and one Bureau member
shall represent the small island developing states. The offices of
President and Rapporteur shall normally be subject to rotation among
the five regional groups.
2. The officers referred to in paragraph 1 above, shall
remain in office until their successors are elected at the next
ordinary session and shall serve in that capacity at any intervening
extraordinary sessions. No officer may serve on the Bureau for more
than two consecutive terms of one year.
3. The President shall participate in the session in that
capacity and shall not at the same time exercise the rights of a
representative of a Party. The Party concerned shall designate
another representative who shall be entitled to represent the Party
in the session and to exercise the right to vote.
Rule 23
1. In addition to exercising the powers conferred upon the
President elsewhere by these rules, the President shall declare the
opening and closing of the session, preside at the meetings of the
session, ensure the observance of these rules, accord the right to
speak, put questions to the vote and announce decisions. The
President shall rule on points of order and, subject to these rules,
shall have complete control of the proceedings and over the
maintenance of order thereat.
2. The President may propose to the Conference of the
Parties the closure of the list of speakers, a limitation on the time
to be allowed to speakers and on the number of times each
representative may speak on a question, the adjournment or the
closure of the debate and the suspension or the adjournment of a
meeting.
3. The President, in the exercise of the functions of that
office, remains under the authority of the Conference of the
Parties.
Rule 24
The President, if temporarily absent from a meeting or any
part thereof, shall designate a Vice-President to act as President.
The President so designated shall not at the same time exercise the
rights of a representative of a Party.
Rule 25
If an officer of the Bureau resigns or is otherwise unable
to complete the assigned term of office or to perform the functions
of that office, a representative of the same Party shall be named by
the Party concerned to replace the said officer for the remainder of
that officer's mandate.
Rule 26
At the first meeting of each ordinary session, the
President of the previous ordinary session, or in the absence of the
President, a Vice-President, shall preside until the meeting has
elected a President for the session.
IX. SUBSIDIARY BODIES
Rule 27
1. These rules shall apply mutatis mutandis
to the proceedings of the subsidiary bodies.
2. The Conference of the Parties may establish, in
accordance with Article 7.2(i), such subsidiary bodies as are deemed
necessary for the implementation of the Convention.
3. In the case of a subsidiary body that is not
open-ended, a majority of the Parties designated by the Conference of
the Parties to participate therein shall constitute a
quorum.
4. The Conference of the Parties shall decide on the dates
of the sessions of the subsidiary bodies, taking note of the
desirability of holding such sessions in conjunction with the
sessions of the Conference of the Parties.
5. Unless the Conference of the Parties decides otherwise,
the Chairman of any subsidiary body other than those established by
Articles 9 and 10 of the Convention, shall be elected by that
subsidiary body from among the representatives of the Parties present
at the session. The Chairmen, Vice-Chairmen and Rapporteurs of such
subsidiary bodies shall be elected with due regard to the principle
of equitable geographical representation and shall not serve for more
than two consecutive terms of one year.
6. Each subsidiary body shall elect its own Vice-Chairman
and Rapporteur.
7. Subject to Articles 9 and 10 of the Convention, the
Conference of the Parties shall determine the matters to be
considered by each subsidiary body and may authorize the President,
upon the request of the Chairman of a subsidiary body, to adjust the
allocation of work.
X. SECRETARIAT
Rule 28
1. The head of the secretariat of the Convention, or the
representative of the head of the secretariat, shall act in that
capacity in all sessions of the Conference of the Parties and of its
subsidiary bodies.
2. The head of the secretariat of the Convention shall
arrange for the provision of staff and services required by the
Conference of the Parties and its subsidiary bodies, within available
resources. The head of the secretariat of the Convention shall manage
and direct such staff and services and provide appropriate support
and advice to the presiding and other officers of the Conference of
the Parties and of its subsidiary bodies.
Rule 29
In addition to the functions specified in Article 8 of the
Convention, the secretariat shall in accordance with these
rules:
(a) Arrange for interpretation at the
session;
(b) Receive, translate, reproduce and distribute the
documents of the session;
(c) Publish and distribute the official documents of the
session;
(d) Make and arrange for keeping of sound recordings of
the session;
(e) Arrange for the custody and preservation of the
documents of the
session; and
(f) Perform all other work that the Conference of the
Parties may require.
XI. CONDUCT OF BUSINESS
Rule 30(1)
1. Meetings of the Conference of the Parties shall be held
in public, unless the Conference of the Parties decides
otherwise.
2. Meetings of the subsidiary bodies shall be held in
private unless the Conference of the Parties decides
otherwise.
Rule 31
The President shall not declare a meeting of the
Conference of the Parties open or permit the debate to proceed unless
at least one third of the Parties to the Convention are present. The
presence of two thirds of the Parties to the Convention shall be
required for any decision to be taken.
Rule 32
1. No one may speak at a meeting of the Conference of the
Parties without having previously obtained the permission of the
President. Subject to Rules 33, 34, 35 and 38, the President shall
call upon speakers in the order in which they signify their desire to
speak. The secretariat shall maintain a list of speakers. The
President may call a speaker to order if his remarks are not relevant
to the subject under discussion.
2. The Conference of the Parties may, on a proposal from
the President or from any Party, limit the time allowed to each
speaker and the number of times each representative may speak on a
question. Before a decision is taken, two representatives may speak
in favour of and two against a proposal to set such limits. When the
debate is limited and a speaker exceeds the allotted time, the
President shall call the speaker to order without delay.
Rule 33
The Chairman or Rapporteur of a subsidiary body may be
accorded precedence for the purpose of explaining the conclusions
arrived at by that subsidiary body.
Rule 34
During the discussion of any matter, a representative may
at any time raise a point of order which shall be decided immediately
by the President in accordance with these rules.
A representative may appeal against the ruling of the
President. The appeal shall be put to the vote immediately and the
ruling shall stand unless overruled by a majority of the Parties
present and voting. A representative may not, in raising a point of
order, speak on the substance of the matter under
discussion.
Rule 35
Any motion calling for a decision on the competence of the
Conference of the Parties to discuss any matter or to adopt a
proposal or an amendment to a proposal submitted to it shall be put
to the vote before the matter is discussed or a vote taken on the
proposal or amendment in question.
Rule 36
Proposals and amendments to proposals shall normally be
introduced in writing by the Parties and handed to the secretariat,
which shall circulate copies to delegations. As a general rule, no
proposal shall be discussed or put to the vote at any meeting unless
copies of it have been circulated to delegations not later than the
day preceding the meeting. The President may, however, permit the
discussion and consideration of amendments to proposals or of
procedural motions even though these amendments or motions have not
been circulated or have been circulated only the same
day.
Rule 37
The text of any proposed amendment, annex or protocol to
the Convention and of any proposed amendment to an annex, shall be
communicated to the Parties by the secretariat at least six months
before the session at which it is proposed for adoption.
Rule 38
1. Subject to Rule 34, the following motions shall have
precedence in the order indicated below over all other proposals or
motions:
(a) To suspend the meeting;
(b) To adjourn the meeting;
(c) To adjourn the debate on the question under
discussion;
(d) To close the debate on the question under
discussion.
2. Permission to speak on a motion falling within (a) to
(d) above shall be granted only to the proposer and, in addition, to
one speaker in favour of and two against the motion, after which it
shall be put immediately to the vote.
Rule 39
A proposal or motion may be withdrawn by its proposer at
any time before voting on it has begun, provided that the proposal or
motion has not been amended. A proposal or motion withdrawn may be
reintroduced by any other Party.
Rule 40
When a proposal has been adopted or rejected, it may not
be reconsidered at the same session, unless the Conference of the
Parties, by a two-thirds majority of the Parties present and voting,
decides in favour of reconsideration. Permission to speak on a motion
to reconsider shall be accorded only to the mover and one other
supporter, after which it shall be put immediately to the
vote.
XII. VOTING
Rule 41
1. Each Party shall have one vote, except as provided for
in paragraph 2 of this rule.
2. Regional economic integration organizations, in matters
within their competence, shall exercise their right to vote with a
number of votes equal to the number of their member States that are
Parties to the Convention. Such an organization shall not exercise
its right to vote if any of its member States exercises its right,
and vice versa.
Rule 42
[1. Alternative A
The Parties shall make every effort to reach
agreement on all matters of substance by consensus. If all efforts to
reach consensus have been exhausted and no agreement has been
reached, the decision shall, as a last resort, be taken by a
two-thirds majority vote of the Parties present and voting,
except:
(a) as otherwise provided by the Convention, the
financial rules referred to in Article 7, paragraph 2 (k) of the
Convention or the present rules of procedure[.]
[;]
[(b) for a decision to adopt a proposed protocol,
which shall be taken by [consensus] [a three-fourths majority of the
Parties present and voting][.] [;]
[(c) for decisions under paragraph 3 of Article 4
and paragraphs 1, 3 or 4 of Article 11 of the Convention, which shall
be taken by consensus.]
1. Alternative B
Decisions on matters of substance shall be taken
by consensus, except that decisions on financial matters shall be
taken by a two-thirds majority vote.]
2. Decisions of the Conference of the Parties on matters
of procedure shall be taken by a majority vote of the Parties present
and voting.
3. If the question arises as to whether a matter is one of
a procedural or substantive nature, the President shall rule on the
question. An appeal against this ruling shall be put to the vote
immediately and the President's ruling shall stand unless overruled
by a majority of the Parties present and voting.
4. If, on matters other than elections, a vote is equally
divided, a second vote shall be taken. If this vote is also equally
divided, the proposal shall be regarded as rejected.
5. For the purposes of this rule, the phrase "Parties
present and voting" means Parties present at the meeting at which
voting takes place and casting an affirmative or negative vote.
Parties abstaining from voting shall be considered as not
voting.
Rule 43
If two or more proposals relate to the same question, the
Conference of the Parties, unless it decides otherwise, shall vote on
the proposals in the order in which they have been submitted. The
Conference of the Parties may, after each vote on a proposal, decide
whether to vote on the next proposal.
Rule 44
Any representative may request that any part of a proposal
or of an amendment to a proposal be voted on separately. The
President shall allow the request unless a Party objects. If an
objection is made to the request for division, the President shall
permit two representatives to speak, one in favour of and the other
against the request, after which it shall be put immediately to the
vote.
Rule 45
If the request referred to in Rule 44 is allowed or
adopted, those parts of a proposal or of an amendment to a proposal
which are approved shall then be put to the vote as a whole. If all
the operative parts of a proposal or amendment have been rejected,
the proposal or amendment shall be considered to have been rejected
as a whole.
Rule 46
A motion is considered to be an amendment to a proposal if
it merely adds to, deletes from, or revises parts of that proposal.
An amendment shall be voted on before the proposal to which it
relates is put to the vote, and if the amendment is adopted, the
amended proposal shall then be voted on.
Rule 47
If two or more amendments are moved to a proposal, the
Conference of the Parties shall first vote on the amendment furthest
removed in substance from the original proposal, then on the
amendment next furthest removed therefrom, and so on, until all
amendments have been put to the vote. The President shall determine
the order of voting on the amendments under this rule.
Rule 48
Voting, except for elections, shall normally be by show of
hands. A roll-call vote shall be taken if one is requested by any
Party. It shall be taken in the English alphabetical order of the
names of the Parties participating in the session, beginning with the
Party whose name is drawn by lot by the President. However, if at any
time a Party requests a secret ballot, that shall be the method of
voting on the issue in question.
Rule 49
The vote of each Party participating in a roll-call vote
shall be recorded in the relevant documents of the
session.
Rule 50
After the President has announced the beginning of voting,
no representative shall interrupt the voting except on a point of
order in connection with the actual conduct of the voting. The
President may permit the Parties to explain their votes, either
before or after the voting. The President may limit the time to be
allowed for such explanations. The President shall not permit the
proposer of a proposal or of an amendment to a proposal to explain
his vote on his own proposal or amendment, except if it has been
amended.
Rule 51
All elections shall be held by secret ballot, unless
otherwise decided by the Conference of the Parties.
Rule 52
1. If, when one person or one delegation is to be elected,
no candidate obtains in the first ballot a majority of the votes cast
by the Parties present and voting, a second ballot restricted to the
two candidates obtaining the largest number of votes shall be taken.
If in the second ballot the votes are equally divided, the President
shall decide between the candidates by drawing lots.
2. In the case of a tie in the first ballot among three or
more candidates obtaining the largest number of votes, a second
ballot shall be held. If a tie results among more than two
candidates, the number shall be reduced to two by lot and the
balloting, restricted to them, shall continue in accordance with the
procedure set forth in paragraph 1 of this rule.
Rule 53
1. When two or more elective places are to be filled at
one time under the same conditions, those candidates, not exceeding
the number of such places, obtaining in the first ballot the largest
number of votes and a majority of the votes cast by the Parties
present and voting shall be deemed elected.
2. If the number of candidates obtaining such majority is
less than the number of persons or delegations to be elected, there
shall be additional ballots to fill the remaining places, the voting
being restricted to the candidates obtaining the greatest number of
votes in the previous ballot, to a number not more than twice the
places remaining to be filled, provided that, after the third
inconclusive ballot, votes may be cast for any eligible person or
delegation.
3. If three such unrestricted ballots are inconclusive,
the next three ballots shall be restricted to the candidates who
obtained the greatest number of votes in the third of the
unrestricted ballots, to a number not more than twice the places
remaining to be filled, and the following three ballots thereafter
shall be unrestricted, and so on until all the places have been
filled.
XIII. LANGUAGES
Rule 54
The official languages of the Conference of the Parties
shall be Arabic, Chinese, English, French, Russian and
Spanish.
Rule 55
1. Statements made in an official language shall be
interpreted into the other official languages.
2. A representative of a Party may speak in a language
other than an official language if the Party provides for
interpretation into one such official language.
Rule 56
Official documents of the sessions shall be drawn up in
one of the official languages and translated into the other official
languages.
XIV. SOUND RECORDS OF THE SESSIONS OF THE
CONFERENCE OF THE PARTIES
Rule 57
Sound records of the sessions of the Conference of the
Parties, and whenever possible of the subsidiary bodies, shall be
kept by the secretariat in accordance with the practice of the United
Nations.
XV. AMENDMENTS TO RULES OF PROCEDURE
Rule 58
1. These rules of procedure may be amended by consensus by
the Conference of the Parties.
2. Paragraph 1 of this rule shall likewise apply in case
the Conference of the Parties deletes an existing rule of procedure
or adopts a new rule of procedure.
XVI. OVERRIDING AUTHORITY OF THE CONVENTION
Rule 59
In the event of any conflict between any provision of
these rules and any provision of the Convention, the Convention shall
prevail.
- - - - -
1. 1 Paragraph 106 (c) of
the Report of the Committee on its eighth session (A/AC.237/41)
states: "Consistent with the Rules of Procedure of the Basel
Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal, upon which the draft rules were largely
based, Rule 30 of the draft rules of procedure would be interpreted
as permitting duly accredited observers to participate in 'private'
meetings."