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The Conference of the Parties 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 required for the adoption of particular decisions. 4. The first session of the Conference of the Parties shall be convened by the interim secretariat referred to in Article 21 and shall take place not later than one year after the date of entry into force of the Convention. Thereafter, ordinary sessions of the Conference of the Parties shall be held every year unless otherwise decided by the Conference of the Parties. 5. Extraordinary sessions of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, or at the written request of any Party, provided that, within six months of the request being communicated to the Parties by the secretariat, it is supported by at least one third of the Parties. 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. Article 8 SECRETARIAT 1. A secretariat is hereby established. 2. The functions of the secretariat shall be:
(a) To make arrangements for sessions of the Conference of the Parties and its subsidiary bodies established under the Convention and to provide them with services as required;
(b) To compile and transmit reports submitted to it;
(c) To facilitate assistance to the Parties, particularly developing country Parties, on request, in the compilation and communication of information required in accordance with the provisions of the Convention;
(d) To prepare reports on its activities and present them to the Conference of the Parties;
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(e) To ensure the necessary coordination with the secretariats of other relevant international bodies;
(f) To enter, under the overall guidance of the Conference of the Parties, into such administrative and contractual arrangements as may be required for the effective discharge of its functions; and
(g)
To perform the other secretariat functions specified in the Convention and in any
of its protocols and such other functions as may be determined by the Conference of the Parties.
3.
The Conference of the Parties, at its first session, shall designate a permanent secretariat
and make arrangements for its functioning.
Article 9
SUBSIDIARY BODY FOR SCIENTIFIC AND
TECHNOLOGICAL ADVICE
1.
A subsidiary body for scientific and technological advice is hereby established to provide
the Conference of the Parties and, as appropriate, its other subsidiary bodies with timely
information and advice on scientific and technological matters relating to the Convention. This
body shall be open to participation by all Parties and shall be multidisciplinary. It shall comprise
government representatives competent in the relevant field of expertise. It shall report regularly
to the Conference of the Parties on all aspects of its work.
2.
Under the guidance of the Conference of the Parties, and drawing upon existing
competent international bodies, this body shall:
(a) Provide assessments of the state of scientific knowledge relating to climate change and its effects;
(b) Prepare scientific assessments on the effects of measures taken in the implementation of the Convention;
(c) Identify innovative, efficient and state-of-the-art technologies and know-how and advise on the ways and means of promoting development and/or transferring such technologies;
(d) Provide advice on scientific programmes, international cooperation in research and development related to climate change, as well as on ways and means of supporting endogenous capacity-building in developing countries; and
(e) Respond to scientific, technological and methodological questions that the Conference of the Parties and its subsidiary bodies may put to the body. 3. The functions and terms of reference of this body may be further elaborated by the Conference of the Parties.
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Article 10 SUBSIDIARY BODY FOR IMPLEMENTATION 1. A subsidiary body for implementation is hereby established to assist the Conference of the Parties in the assessment and review of the effective implementation of the Convention. This body shall be open to participation by all Parties and comprise government representatives who are experts on matters related to climate change. It shall report regularly to the Conference of the Parties on all aspects of its work. 2. Under the guidance of the Conference of the Parties, this body shall:
(a) Consider the information communicated in accordance with Article 12, paragraph 1, to assess the overall aggregated effect of the steps taken by the Parties in the light of the latest scientific assessments concerning climate change;
(b) Consider the information communicated in accordance with Article 12, paragraph 2, in order to assist the Conference of the Parties in carrying out the reviews required by Article 4, paragraph 2 (d); and
(c) Assist the Conference of the Parties, as appropriate, in the preparation and implementation of its decisions. Article 11 FINANCIAL MECHANISM 1. A mechanism for the provision of financial resources on a grant or concessional basis, including for the transfer of technology, is hereby defined. It shall function under the guidance of and be accountable to the Conference of the Parties, which shall decide on its policies, programme priorities and eligibility criteria related to this Convention. Its operation shall be entrusted to one or more existing international entities. 2. The financial mechanism shall have an equitable and balanced representation of all Parties within a transparent system of governance. 3. The Conference of the Parties and the entity or entities entrusted with the operation of the financial mechanism shall agree upon arrangements to give effect to the above paragraphs, which shall include the following:
(a) Modalities to ensure that the funded projects to address climate change are in conformity with the policies, programme priorities and eligibility criteria established by the Conference of the Parties;
(b) Modalities by which a particular funding decision may be reconsidered in light of these policies, programme priorities and eligibility criteria;
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(c) Provision by the entity or entities of regular reports to the Conference of the Parties on its funding operations, which is consistent with the requirement for accountability set out in paragraph 1 above; and
(d) Determination in a predictable and identifiable manner of the amount of funding necessary and available for the implementation of this Convention and the conditions under which that amount shall be periodically reviewed. 4. The Conference of the Parties shall make arrangements to implement the above-mentioned provisions at its first session, reviewing and taking into account the interim arrangements referred to in Article 21, paragraph 3, and shall decide whether these interim arrangements shall be maintained. Within four years thereafter, the Conference of the Parties shall review the financial mechanism and take appropriate measures. 5. The developed country Parties may also provide and developing country Parties avail themselves of, financial resources related to the implementation of the Convention through bilateral, regional and other multilateral channels. Article 12 COMMUNICATION OF INFORMATION RELATED TO IMPLEMENTATION 1. In accordance with Article 4, paragraph 1, each Party shall communicate to the Conference of the Parties, through the secretariat, the following elements of information:
(a) A national inventory of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, to the extent its capacities permit, using comparable methodologies to be promoted and agreed upon by the Conference of the Parties;
(b) A general description of steps taken or envisaged by the Party to implement the Convention; and
(c) Any other information that the Party considers relevant to the achievement of the objective of the Convention and suitable for inclusion in its communication, including, if feasible, material relevant for calculations of global emission trends. 2. Each developed country Party and each other Party included in Annex I shall incorporate in its communication the following elements of information:
(a) A detailed description of the policies and measures that it has adopted to implement its commitment under Article 4, paragraphs 2 (a) and 2 (b); and
(b) A specific estimate of the effects that the policies and measures referred to in subparagraph (a) immediately above will have on anthropogenic emissions by its sources and removals by its sinks of greenhouse gases during the period referred to in Article 4, paragraph 2 (a).
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In addition, each developed country Party and each other developed Party included
in Annex II shall incorporate details of measures taken in accordance with Article 4,
paragraphs 3, 4 and 5.
4.
Developing country Parties may, on a voluntary basis, propose projects for financing,
including specific technologies, materials, equipment, techniques or practices that would be
needed to implement such projects, along with, if possible, an estimate of all incremental costs,
of the reductions of emissions and increments of removals of greenhouse gases, as well as an
estimate of the consequent benefits.
5.
Each developed country Party and each other Party included in Annex I shall make its
initial communication within six months of the entry into force of the Convention for that Party.
Each Party not so listed shall make its initial communication within three years of the entry into
force of the Convention for that Party, or of the availability of financial resources in accordance
with Article 4, paragraph 3. Parties that are least developed countries may make their initial
communication at their discretion. The frequency of subsequent communications by all Parties
shall be determined by the Conference of the Parties, taking into account the differentiated
timetable set by this paragraph.
6.
Information communicated by Parties under this Article shall be transmitted by the
secretariat as soon as possible to the Conference of the Parties and to any subsidiary bodies
concerned. If necessary, the procedures for the communication of information may be further
considered by the Conference of the Parties.
7.
From its first session, the Conference of the Parties shall arrange for the provision to
developing country Parties of technical and financial support, on request, in compiling and
communicating information under this Article, as well as in identifying the technical and
financial needs associated with proposed projects and response measures under Article 4. Such
support may be provided by other Parties, by competent international organizations and by the
secretariat, as appropriate.
8.
Any group of Parties may, subject to guidelines adopted by the Conference of the Parties,
and to prior notification to the Conference of the Parties, make a joint communication in
fulfilment of their obligations under this Article, provided that such a communication includes
information on the fulfilment by each of these Parties of its individual obligations under the
Convention.
9.
Information received by the secretariat that is designated by a Party as confidential, in
accordance with criteria to be established by the Conference of the Parties, shall be aggregated
by the secretariat to protect its confidentiality before being made available to any of the bodies
involved in the communication and review of information.
10.
Subject to paragraph 9 above, and without prejudice to the ability of any Party to make
public its communication at any time, the secretariat shall make communications by Parties
under this Article publicly available at the time they are submitted to the Conference of the
Parties.
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Article 13 RESOLUTION OF QUESTIONS REGARDING IMPLEMENTATION
The Conference of the Parties shall, at its first session, consider the establishment of a multilateral consultative process, available to Parties on their request, for the resolution of questions regarding the implementation of the Convention. Article 14 SETTLEMENT OF DISPUTES 1. In the event of a dispute between any two or more Parties concerning the interpretation or application of the Convention, the Parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. 2. When ratifying, accepting, approving or acceding to the Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Convention, it recognizes as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation:
(a) Submission of the dispute to the International Court of Justice; and/or
(b) Arbitration in accordance with procedures to be adopted by the Conference of the Parties as soon as practicable, in an annex on arbitration. A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedures referred to in subparagraph (b) above. 3. A declaration made under paragraph 2 above shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary. 4. A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal, unless the parties to the dispute otherwise agree. 5. Subject to the operation of paragraph 2 above, if after twelve months following notification by one Party to another that a dispute exists between them, the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1 above, the dispute shall be submitted, at the request of any of the parties to the dispute, to conciliation. 6. A conciliation commission shall be created upon the request of one of the parties to the dispute. The commission shall be composed of an equal number of members appointed by each party concerned and a chairman chosen jointly by the members appointed by each party. The commission shall render a recommendatory award, which the parties shall consider in good faith.