Observer Admission
Eligible new applicant organizations recommended by the COP Bureau are formally admitted by the Conference of the Parties following the successful completion of the admission process.
United Nations Framework Convention on Climate Change, Article 7, paragraph 6
"The United Nations, its specialized agencies 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. 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 object. The admission and participation of observers shall be subject to the rules of procedure adopted by the Conference of the Parties."
Eligibility
Further to the Convention article mandating the admission of organizations as observers, additional guidance on eligibility criteria is as follows:
The secretariat informed SBI 20 of its procedures concerning eligibility, which SBI duly noted (see FCCC/SBI/2004/10, paragraph 100). These procedures provide, inter alia, that applicant organizations are required to provide:
- A statement of competence in Convention matters;
- Confirmation of independent juridical personality;
- Confirmation of non-profit and/or tax-exempt status in a State member of the United Nations, or of one of its specialized agencies or of the International Atomic Energy Agency, or in a State Party to the International Court of Justice.
Furthermore, the procedures provide (see Section II. "Admission of observer organizations" of FCCC/SBI/2004/5):
- Multilateral agreements that do not establish an independent juridical entity are not considered eligible for admission;
- Organizations which have been established by, and report to, governments and carry out government-mandated activities, but which cannot provide evidence of independence from government, are not considered eligible for admission. They are encouraged to participate as part of government delegations;
- Organizations which carry out functions on behalf of governments, including activities relating to the flexible mechanisms, provided that they meet the criteria listed [...] above and that their governance structure is independent of governments, are considered eligible for admission.
This admission process was further confirmed by Parties in document FCCC/SBI/2020/INF.8 and FCCC/SBI/2022/10 para. 166.
Single admission process for COP, CMP and CMA
Admission as an observer organization to the UNFCCC is a one-off process. In accordance with FCCC/CP/1995/7, paragraph 22, organizations, once admitted, are eligible to attend future UNFCCC sessions and do not need to reapply for admission.
Decision 36/CMP.1 (paragraph 2c)
"A single process would be used for the admission of observer organizations to sessions of the Conference of the Parties and of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol, with decisions on admission of observer organizations being taken by the Conference of the Parties."
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Decision 2/CMA.1
The Conference of the Parties serving as the meeting of the Parties to the Paris Agreement (CMA) decided that when applying the draft rules of procedure of the Conference of the Parties, pursuant to Article 16, paragraph 5, of the Paris Agreement, with respect to draft rules 6 and 7, a single process would be used for the admission of observer organizations to sessions of the COP and the CMA, with decisions on the admission of observer organizations being taken by the COP.
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Prioritization of admission applications
"To ensure open, inclusive and meaningful observer engagement in the face of an increasing number of admitted observer organizations, while fully preserving and respecting the Party-driven nature of the UNFCCC process and ensuring alignment with the draft rules of procedure being applied, the SBI [...] highlighted the following existing and additional practices and steps for engaging observers, subject to the availability of financial resources and while increasing the participation of observer organizations from underrepresented regions:
[...]
(d) Requesting the secretariat to:
[...]
(iv) Prioritize assessment of applications for admission of observer organizations from the regions of the incoming COP Presidencies, taking into consideration observer organizations from underrepresented regions."
FCCC/SBI/2024/13, para. 201(d)(iv)