Working document. [Section A - Preamble] Version of 1 September 2015 at 23:55

Transcription

1 AD HOC WORKING GROUP ON THE DURBAN PLATFORM FOR ENHANCED ACTION Secnd sessin, part ten 31 August 4 September 2015 Bnn, Germany Wrking dcument Versin f 1 September 2015 at 23:55 [Sectin A - Preamble] Parties highlighted the imprtance f the Preamble in framing the cntext f the draft Agreement. Many nted that preambles set underlying philsphy and serve as a tl fr implementatin. Mst Parties agreed that the Preamble f the draft Agreement shuld be cncise. At the same time, it was nted that it shuld set ut key ideas and critical issues. Sme Parties emphasised that the full scpe f the Preamble culd be mre effectively discussed nce the scpe and cntext f the draft Areement itself is clearer. In this regard, it was nted that whether r nt sme f the elements wuld need t be reflected in the Preamble wuld depend n the extent t which they are addressed in the perative prvisins f the draft Agreement. Other Parties nted that it was imprtant t flesh ut cnceptual ideas already at this stage. Such ideas culd subsequently be recnsidered in light f further clarity emerging n the cntent f the perative parts f the draft Agreement. Sme nted that it culd be als premature t address preambular language f Part II (draft Decisin 1/CP.21) and that mre clarity wuld be needed n the cntent f the pssible draft Decisin 1/CP.21 as well as n the number f ther relevant decisins that may be adpted at COP21. The C-Facilitatrs nted that a range f preambular prvisins reflected in Part III f the C-Chairs Tl were referred t by Parties in their interventins. With regard t sme f these prvisins certain cnvergence f views was emerging. The C-Facilitatrs invited Parties t cnsult amng themselves n the brader cncepts between Mnday and Wednesday. They infrmed Parties that space wuld be prvided n Wednesday 1 fr infrmal cnsultatins fr all interested Parties t discuss further the cncepts, in particular thse where sme cnslidatin f prvisins culd be made, with a view t merging these, where pssible, and finding acceptable frmulatin r elements. While Parties culd chse the key preambular cncepts n which they wished t engage in the infrmal setting, the C-Facilitatrs identified the fllwing pssible areas fr cnsideratin and cnslidatin in the infrmal cnsultatins n Wednesday: 2 Reference t the Cnventin: as a whle/ principles/bjective (Part I, Pp1, Pp2; Part III, Pp1); Glbal nature and urgency f climate change (Part III, Pp8), AR5 f IPCC (Part III, Pp9), Science (Part III, Pp10); Ri+20 Cnference (Part III, Pp5), Pst-2015 develpment agenda (Part III, Pp31); Sustainable scial and ecnmic develpment (Part III, Pp33); Health (Part III, Pp34); Equality, envirnmental integrity and rights (Part III, Pp30); 1 The timing f the cnsultatins will be annunced in advance. 2 Numbering f prvisins refer t the numbering used in the C-Chairs Tl f 24 July (ADP Infrmal Nte, Annex II - available at 1 f 11

2 ADP 2-10 Wrking Dcument Rle f private sectr in capacity-building (Part III, Pp28); Actin by nn-state actrs (Part III, Pp32); Challenges faced by SIDS and LDCs (Part III, Pp29); Adaptatin as a glbal challenge (Part III, Pp18), Relatinship between adaptatin and mitigatin (Part III, Pp19), Relatinship between adaptatin, mitigatin and lss and damage (Part III, Pp20), Lss and damage and adaptatin (Part III, Pp21); Means f implementatin (Part III, Pp25). [Sectin C - General/Objective] Discussin n Objective Many Parties cnsidered that it wuld be preferable t refer t Article 2 f the Cnventin withut reprducing it in full r translating it in specific cntexts. Many Parties cnsidered that the bjective shuld include a reference t the limitatin f temperature increase, with sme nting in additin that such references must respect the cntext f that aim. Sme Parties cnsidered that the bjective f the draft Agreement culd be captured thrugh a preambular reference t Article 2 f the Cnventin withut a specific perative prvisin in the draft Agreement. Discussin n Principles Parties highlighted the need fr the bjective f the draft Agreement t be guided by principles. Specific principles referred t by Parties were equity and CBDR&RC, the special circumstances f the mst vulnerable, human rights and gender equality and the integrity f Mther Earth. Discussin n General Obligatins Sme Parties stated the imprtance fr the verall flw f the draft Agreement t have a general statement n the bligatins f Parties under the draft Agreement based n paragraph 4 f Part III f the C-Chairs Tl. 3 Further bservatins and ntes by the C-Facilitatrs: The C-Facilitatrs nted that bjectives were als cntained in ther sectins f the Tl and that the evlutin f these discussins may impact n the develpment f any verall bjective. The C-Facilitatrs annunced that they wuld cnsult with the C-Chairs n next steps. The C-Chairs requested the C-Facilitatrs t prceed by cnsulting bilaterally with Parties with a view t the develpment f bridging prpsals fr the meeting n the issue scheduled fr Thursday, 3 September at 19:00. 3 Numbering f prvisins refer t the numbering used in the C-Chairs Tl f 24 July (ADP Infrmal Nte, Annex II - available at 2 f 11

3 ADP 2-10 Wrking Dcument Wrk n prvisins fr the draft Agreement 1 [Sectin D - Mitigatin] Parties cmpleted a rund f views as t which prvisins in the mitigatin sectin f the C-Chairs Tl shuld be represented in the draft Agreement. In relatin t placement, many grups/parties wanted a cmplete picture f all bligatins linked t mitigatin t be placed in the mitigatin sectin. The C-Facilitatrs cnfirmed t Parties that they wuld cnvey this t the C-Chairs and nted that these issues wuld be discussed in the sectin in which they are currently placed during this sessin f the ADP. Many grups/parties expressed the view that the fllwing shuld be represented in the draft Agreement: 4 Cllective Effrts and Operatinalizing the Lng-term Mitigatin Gal (while sme grups/parties indicated that the Lng-term Mitigatin Gal shuld be mved t sectin C (General/Objective), thers expressed the view that the Cllective Effrts prvisin shuld be the peratinalizatin f the Lng-term Mitigatin Gal); Individual Effrts (including design features (e.g. Features f Individual Effrts)); Ambitin and Prgressin; Implementing Jintly; Flexibility fr LDCs/SIDS. Parties als expressed views n ther prvisins in the C-Chairs Tl that culd be represented in the draft Agreement. The views varied but included: Respnse Measures and Ecnmic and Scial Issues; Actins in the Land Use Sectr and Internatinal Transprt; Nn-markets (Jint Mitigatin and Adaptatin Appraches and Cperative Mechanism (Sustainable Develpment)); Use f Market Mechanisms; Lw Emissins Strategies. Wrk n prvisins fr the draft Decisin 1/CP.21 Parties expressed views n hw the draft Decisin 1/CP.21 shuld be develped, with the fllwing issues raised by a number f Parties: The need t identify which substantive decisin prvisins wuld be needed, including fllw-up actin in relatin t intended natinally determined cntributins; The need fr wrk prgrammes t elabrate prvisins f the draft Agreement and develp further guidance. 4 Nte that terms used are as per the shrt descriptrs in the C-Chairs Tl. 3 f 11

4 ADP 2-10 Wrking Dcument Next Steps Parties agreed t wrk n the fllwing three specific tpics in view f the need fr further clarity as identified by the C-Facilitatrs: Differentiatin; Nn-markets ; Implementing Jintly. The C-Facilitatrs invited Parties t engage with them thrugh bilaterals. The facilitated grup received the reprts frm the infrmal meetings (spin-ff grups) n differentiatin in the cntext f Article 4 f Part I f the C-Chairs Tl (Individual Effrts) and n nn-market mechanisms. It decided that the infrmal meeting n differentiatin in the cntext f Article 4 f Part I f the C-Chairs Tl (Individual Effrts) shuld meet again, with the bjective f cncretizing differentiatin (if pssible textually) with regard t that article. T this end, the infrmal meeting may als draw upn elements addressed in ther articles and paragraphs f the C-Chairs Tl, such as Article/paragraph 7 f Part III r Articles 6 and 7 f Part I. A table prepared by the C-Facilitatrs with an verview f all articles and paragraphs n mitigatin cntained in the C-Chairs Tl will be made available nline. The C-Facilitatrs will make a prpsal n hw t prceed with wrk n this sectin n the basis f bilateral meetings with Parties. [Sectin E - Adaptatin and lss and damage] Parties engaged in a prductive discussin in a psitive spirit and further clarified a set f narratives n adaptatin and lss and damage. This psitive exchange f views was a useful start t the substantive discussin fr enhancing the understanding f key cncepts included in the current text and pririties f different Parties and grups. All Parties expressed the imprtance f lss and damage and their willingness t explre hw it can be addressed in the Paris utcme. The facilitated grup n adaptatin and lss and damage met in tw parts tday. At the first part f the meeting (10:00-11:00), Parties cncluded the first rund f the discussin n the narratives n adaptatin and lss and damage which started at the first meeting f the facilitated grup n 31 August. At the resumed meeting (15:00-16:30), Parties engaged in a fcused and interactive discussin n the glbal gal n adaptatin / lng-term visin fr adaptatin / cllective effrts, as well as n lss and damage. Regarding the glbal gal n adaptatin / lng-term visin fr adaptatin / cllective effrts, Parties discussed the similarities and differences between these cncepts. They cnsidered, amng ther things, pssible elements f a glbal gal r a lng-term visin, the relatinship between cllective and individual effrts, as well as links between mitigatin, adaptatin, lss and damage and supprt. Regarding lss and damage, Parties elabrated n the rle f lss and damage in the Paris agreement, and n prpsals fr varius institutinal arrangements, including the imprtance f durability in the prcess. All Parties reiterated the imprtance f the issue and their willingness t explre hw it can be addressed in the Paris utcme. Parties als agreed t undertake further wrk in infrmal meetings (spin-ff meetings). A spin-ff meeting n glbal gal n adaptatin / lng-term visin fr adaptatin / cllective effrts will take place n Wednesday 2 September at 15:00-16:30, facilitated by Mr. Richard Muyungi, and an infrmal meeting n 4 f 11

5 ADP 2-10 Wrking Dcument lss and damage will als take place n Wednesday 2 September at 19:00-21:00, facilitated by Mr. Len Charles. [Sectin F - Finance] Upn invitatin by the C-Facilitatrs, Parties engaged in a rund f expressin f views with regard t the verall stryline f, and narrative fr, the finance sectin f the draft Agreement and the draft Decisin 1/CP.21. Parties clearly expressed their views n the main cncepts and building blcks that wuld have t be reflected in each f them. In this regard, Parties als started t identify cncepts that are currently captured in either the draft Agreement r the draft Decisin that wuld need t be strengthened as, frm their perspective, the current language is nt succinct, clear r sufficient enugh, as well as key cncepts are missing. Generally, all Parties signalled that they are mre than ready t engage in mre in-depth discussins and dialgue. Varius Parties indicated that they will prvide textual inputs n specific issues currently missing frm the draft Agreement and/r the draft Decisin. In this first engagement, it became clear that there is a cmmn understanding arund specific cncepts t be addressed in the draft Agreement and/r the draft Decisin. Hwever, there is significant divergence f views with regard t varius key cncepts. The discussins als made it clear that further cnceptual clarity and discussins n specific issues are needed in rder t advance their cmmn understanding. A tentative schedule was presented by the C-Facilitatrs with regard t the distributin f wrk in infrmal meetings (spin-ff grups) ver the cming days and Parties agreed t prceed with the prpsed mde f wrk after a few amendments were made t the tentative schedule. Cncerns were raised regarding the place fr discussins n the fllwing issues: transparency/mrv f supprt, adaptatin finance and thematic funding. The C-Facilitatrs indicated t Parties that they will raise such cncerns with the C-Chairs. Wrk n institutinal arrangements Financial Mechanism Parties initiated infrmal deliberatins with discussins fcusing n the issue f institutinal arrangements (Financial Mechanism), as agreed n in the facilitated grup. Tw Party representatives were invited by the C-Facilitatrs t reprt back n the utcme f the infrmal meetings, which was shared with the facilitated grup n finance in the evening sessin, with the fllwing issues having been identified: The Financial Mechanism as described in Article 11 f the Cnventin is t serve as the Financial Mechanism f the new Agreement, as Parties saw n need fr the creatin f a new Financial Mechanism; The existing funds will remain in place, but there is n cnvergence n whether and hw such funds shuld be reflected in the draft Agreement/Decisin, s mre discussins n this issue may be necessary; There is a need t cntinue t prvide guidance t the perating entities f the Financial Mechanism, but the questin f the channel fr such guidance remains (e.g. Agreement, Decisin r regular COP agenda item); There was an agreement that the Standing Cmmittee n Finance will cntinue t assist Parties with regard t the Financial Mechanism, including with regard t increasing the cherence and crdinatin f the Financial Mechanism; An pprtunity t create new institutinal arrangements may be needed, shuld Parties see the need fr this. Issues such as imprtance f predictability and accessibility were als raised. Mre detailed ntes n the discussins will be prvided t the C-Facilitatrs by the designated delegates. 5 f 11

6 ADP 2-10 Wrking Dcument Next steps Infrmal meetings f the facilitated grup n finance will take place tmrrw n the fllwing issues: ntin f scale and scaling up; and cmmitments/bligatins/actins. [Sectin G - Technlgy develpment and transfer] Parties recgnised the imprtance f technlgy develpment and transfer in the draft Agreement and that the current sectin culd be strengthened. A grup f Parties intrduced a pssible narrative f the draft Agreement, cnsisting f: Aspiratinal (lng-term) aspects t enhance technlgy develpment and transfer; Cperative actins; Specific actins by Parties (many elements cntained in Part III f the Tl culd be used as the basis fr further discussin); Institutinal arrangement and resurce supprt (funding) t supprt these enhanced actins. Parties agreed that cperative actin is key t facilitate and prmte technlgy develpment and transfer, and sme Parties were f the view that the current prvisin f the text culd be enhanced t include ther aspects. Mst Parties expressed the view that the institutinal arrangement n technlgy develpment and transfer is an imprtant element t serve the draft Agreement, but there are different views n hw t strengthen the institutinal arrangement. Further bservatins and ntes by the C-Facilitatrs: Ging frward, the C-Facilitatrs ffered Parties the ptin fr bilateral discussins and encuraged Parties t undertake cnsultatins amng themselves t bridge differences f views. Fr the next meeting, the C-Facilitatrs prpsed t apprach issues frm the perspective f what t be achieved (draft Agreement) and hw t achieve it (draft Decisin 1/CP.21). [Sectin H Capacity-building] Cnvergence amng Parties emerged n the fllwing pints: Capacity-building has t be reflected in the Agreement; The need t enhance capacity, including in the pre-2020 perid; The need t strengthen institutinal arrangements. Parties had divergent views n the need t establish new institutinal arrangements fr capacity-building. While several Parties indicated their verall satisfactin with the C-Chairs Tl, a grup f Parties nted a lack f balance in Part I f the Tl. T re-establish a balanced utline f Parties psitins with respect t the Agreement, they prpsed that Article/paragraph 75 (new institutins) f Part III f the C-Chairs 6 f 11

7 ADP 2-10 Wrking Dcument Tl, be mved t Part I. 5 This wuld address ne f the main cncerns expressed by that grup f Parties, namely the establishment f an internatinal capacity-building mechanism under the Agreement. The same grup f Parties als prpsed placing Article/paragraph 74 (bjective, fcus f capacitybuilding) f Part III f the C-Chairs Tl, in Part II. The C-Facilitatrs prpsed tw infrmal meetings (spin-ff grups). The first was tasked t wrk n milestnes fr capacity-building between 2016 and 2020 and it met n 1 September, facilitated by Swaziland. The secnd infrmal meeting will be facilitated by Japan and was requested t discuss hw institutinal arrangements can be enhanced. The secnd infrmal meeting will meet after tmrrw s facilitated grup meeting. Parties will reprt back n their exchanges at the next meeting f the facilitated grup. Further bservatins and ntes f the C-Facilitatrs: The C-Facilitatrs tk nte f the interest f Parties in meeting infrmally during this sessin f the Ad Hc Wrking Grup n the Durban Platfrm fr Enhanced Actin (ADP). The C-Facilitatrs als encuraged Parties t meet with the secretariat and t have an exchange f views n tpics t be included n the agenda fr the wrkshp n capacity-building, which was mandated by the Subsidiary Bdy fr Implementatin (SBI) at its frty-secnd sessin. 6 It was bserved that the wrkshp, scheduled t take place back-t-back with the next ADP sessin in Octber, culd help t further clarify issues currently under discussin within the negtiatins f bth the SBI and the ADP. Observatins and ntes by the C-Facilitatrs: [Sectin I - Transparency f actin and supprt] The C-Facilitatrs (CFs), identified what they saw t be several areas f cmmnality in the views expressed by Parties in their general reactins t the C-Chairs Tl. These were presented t Parties at the secnd meeting f the facilitated grup n 1 September 2015 at 10:00 as pssible areas f fcus when mving int text-based wrk. They included the fllwing: That sme frm f differentiatin and/r flexibility wuld be required within the pst-2020 transparency framewrk system in rder t cater fr the varius levels f capacity and natinal circumstances; Parties envisaged that the pst-2020 transparency framewrk system wuld need t evlve, building n existing arrangements. Deeper discussin and understanding was needed in rder t plan fr this evlutin and adequately reflect this in the relevant parts f the text in the Paris Agreement and related decisins; That it was necessary t see enhancement in supprt-related issues with tw layers f activity: first, the measurement, reprting and verificatin (MRV) f actin and supprt needed t be enhanced; and secnd, supprt and capacity-building was needed fr develping cuntry Parties t participate effectively in an enhanced transparency framewrk. It was als recgnized that many cncepts and issues within Sectin I had nt been sufficiently discussed and, hence, there was still lack f clarity f understanding. Parties wuld need time t discuss these issues befre they can engage in negtiatins in rder t determine their treatment within the varius parts f the C-Chairs Tl. Sme examples raised (nn-exhaustive list) f such issues include: accuntability f actins, accunting rules (including fr use f markets and cntributin f the land sectr) and what kind f transparency activities take place at the individual level and at the aggregate level. The CFs will wrk with 5 Numbering f prvisins refer t the numbering used in the C-Chairs Tl f 24 July (ADP Infrmal Nte, Annex II - available at 6 FCCC/SBI/2015/10, paragraphs 88 and f 11

8 ADP 2-10 Wrking Dcument Parties t cver all the issues within Sectin I withut prejudice t their final placement. The CFs will take nte f Parties views n linkages with text in ther sectins f the C-Chairs Tl. Fr the next meeting f the facilitated grup n 2 September 2015 at 11:30, Parties agreed t start text-based wrk n ne area suggested by the CFs. Specifically, Parties will cnsider hw the texts in Parts I, II and III f the C-Chairs Tl can be imprved t achieve greater clarity n the idea that develping cuntry Parties need supprt t participate effectively in the transparency framewrk. Relevant prvisins include: 7 Part I, Articles 27, 31 33; Part II, paragraphs and 86; Part III, Article/paragraphs 82 and 83. [Sectin J Timeframes and prcess related t cmmitments/ cntributins/ Other matters related t implementatin and ambitin] Observatins and ntes by the C-Facilitatrs: The first meeting f the facilitated grup n sectin J was held n 1 September 2015 frm 19:00 t 21:00 hrs. Parties were engaged in prviding their reactins t Sectin J cntained in the Tl issued by the C- Chairs n 24 July and sharing their views n the strylines in this sectin. The speakers list was nt cmpleted. Discussins will cntinue at 16:30 am n Wednesday, 2 September Establishment clause and related elements [Sectin K - Facilitating implementatin and cmpliance] Many Parties reiterated the imprtance f including prvisins n the establishment f arrangements n implementatin and cmpliance in the draft Agreement. Several Parties identified ther elements that in their view shuld accmpany the establishment clause t ensure that a cmpliance mechanism is in place by the first sessin f the gverning bdy. Nature and purpse f the cmpliance mechanism Several Parties spke n the rle that arrangements fr facilitating implementatin and cmpliance can play in building cnfidence amng Parties t the Agreement by enhancing transparency and accuntability. There was a general acknwledgment that a cmpliance mechanism shuld be facilitative in nature. Sme Parties were f the view that the mechanism shuld als have an enfrcement functin. These Parties expressed different views n which grup f Parties falls within the scpe f any enfrcement functins. The link between facilitating implementatin and cmpliance and enhancing transparency was als nted. Differentiatin and cmpliance 7 The numbering f prvisins refers t the numbering used in the C-Chairs Tl f 24 July 2015 (ADP Infrmal Nte, Annex II available at < 8 ADP Infrmal Nte, Annex II (available at 8 f 11

9 ADP 2-10 Wrking Dcument Sme Parties were f the view that differentiatin wuld arise frm differences in the substantive cntributins and des nt need t be referred t in prvisins relating t a cmpliance mechanism. Other Parties were f the view that differentiatin shuld be reflected in prvisins f a cmpliance mechanism, including thrugh its scpe and structure, namely thugh facilitative and enfrcement branches. Wrk prgramme A number f Parties nted that peratinal details f a cmpliance mechanism can be elabrated after Paris but wuld need t be develped befre the first sessin f the gverning bdy. Others were f the view that arrangements shuld be ready as part f the Paris package in rder fr their natinal stakehlders t fully understand the legal nature f the Agreement. Sme Parties indicated that due t the cncise nature f sme f the ptins reflected in the Geneva Negtiating Text, these culd be used in their entirety as ptins t clauses in the draft Agreement. Sme Parties recalled that the six elements cntained in paragraph 5 f the Durban Mandate (decisin 1/CP.17) d nt include cmpliance. Other Parties suggested cnsidering the multilateral cnsultative prcess under Article 13 f the Cnventin as a ptential example f arrangements fr facilitating implementatin and cmpliance. Further bservatins and ntes by the C-Facilitatrs: Nting Parties views n the establishment clause, the C-Facilitatrs indicated that infrmal cnsultatins culd be cnducted n the elements f an establishment clause and the nature and purpse f the mechanism. The infrmal cnsultatins culd explre a range f tpics, including discussing a list f cmpnents fr the establishment clause. The utcmes f thse infrmal cnsultatins wuld be reprted t the facilitated grup at its next meeting. In light f views expressed n differentiatin, enhanced transparency and the facilitative nature f a cmpliance mechanism, the C-Facilitatrs will endeavur t develp questins that culd be used as a starting pint fr discussins at the next facilitated grup meeting. A number f Parties made suggestins n the pen-ended list f guiding questins that will be cmmunicated t Parties ahead f the meeting. Parties were invited t submit bridging prpsals that wuld be published fr cnsideratin by ther Parties and discussin. [Sectin L Prcedural and institutinal prvisins] Parties agreed t engage n the questins prepared by the C-Facilitatrs and psted n the UNFCCC website n 31 August 2015, 9 as well as ther questins psed by the C-Facilitatrs during the meeting. Articles 43 45, Part I f the C-Chairs Tl: 10 Main bservatin: Parties generally agreed that paragraphs serve as a sufficient basis fr the Paris Agreement, as many f the prvisins are standard in ther internatinal agreements. 9 < 10 Numbering f prvisins reflects the numbering in the C-Chairs Tl f 24 July (ADP Infrmal Nte, annex I, available at < 9 f 11

10 ADP 2-10 Wrking Dcument A number f Parties indicated that language f paragraph can build n the language f the Kyt Prtcl, and sme Parties requested t identify what language in the Kyt Prtcl can be used fr further clarity such the prvisin f Article 13 f Kyt Prtcl, mutatis mutandis. Specific bservatins: Parties generally agreed that the Cnference f the Parties, the supreme bdy f the Cnventin, shall serve as the meeting f the Parties t the Agreement, with Parties t the Cnventin that are nt Parties t the Agreement participating as bservers and nt taking part in decisin-making cncerning the Agreement (drawing n the CMP mdel f Article 13 f the Kyt Prtcl). Parties were f the view that the term gverning bdy culd be changed thrughut the text t reflect this apprach. Parties indicated that further cnsideratin is required with respect t the rules f prcedure f the gverning bdy, the applicatin f the financial prcedures under the Cnventin, and additinal functins f the gverning bdy. A Party made specific prpsal t add the prvisin: The first sessin f the Cnference f the Parties serving as the meeting f the Parties t this agreement shall be cnvened by the secretariat in cnjunctin with the first sessin f the Cnference f the Parties Article 46, Part I f the C-Chairs Tl: Main bservatin: Parties were generally f the view that it wuld be useful fr existing institutins under the Cnventin t supprt the Agreement but that this Article may require further cnsideratin. Specific bservatins: Sme Parties felt that this blanket prvisin was t brad and nt usually fund in internatinal agreements (as reflected in ftnte 35 t this prvisin), and suggested that institutins that wuld serve the Agreement be identified n a case-by-case basis. It was further nted that the current institutins were develped in a specific cntext with specific mandates that may nt be relevant fr the Agreement. Sme Parties were als cncerned t avid misinterpretatins with respect t the use f Kyt Prtcl institutins ver which the COP des nt have authrity t decide upn; Sme Parties felt that this prvisin allws fr the implementatin f the Agreement t benefit frm the experience and expertise f the Cnventin institutins and nted that this is linked t the bjective f the Agreement (sectin C). Sme Parties als nted that this enabling prvisin was required s that the Cnventin institutins may serve the Agreement, in particular thse institutins relevant fr means f implementatin. Sme Parties als suggested that the prvisin culd be revised s that nly bdies and institutinal arrangements necessary fr the implementatin f the Agreement serve it. It was als nted that mechanisms are nt institutinal arrangements and wuld therefre nt be included. Article 47, Part I f the C-Chairs Tl: Main bservatin: Parties were f the view that the issue f immunity culd be justifiable but needs t be addressed n a caseby-case basis, and they raised cncerns abut whether it shuld be addressed in the Agreement. Specific bservatins: Many Parties were f the view that this prvisin shuld nt be retained. It was nted that the prvisin raises cnstitutinal cncerns fr sme Parties. Sme Parties questined the need fr this prvisin. 10 f 11

11 ADP 2-10 Wrking Dcument One Party, speaking n behalf f the grup f Parties that prpsed this prvisin, nted that it will cnvey the cmments f the facilitated grup t its grup and reprt back at the next meeting f the facilitated grup. Next steps Parties agreed t cntinue t engage in discussin n the prvisins f this sectin as well as n the questins psted n the UNFCCC website by the C-Facilitatrs. 11 f 11