Working document. [Section A - Preamble] Version of 4 September 2015 at 01:45 1

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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 4 September 2015 at 01:45 1 [Sectin A - Preamble] Main bservatins: During the first facilitated grup meeting n Mnday, 31 August 2015, 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 agreed that the Preamble t the draft Agreement shuld be cncise, but many als emphasized that it shuld set ut key ideas and critical issues. A number f Parties cnsidered that a meaningful discussin n the preamble was premature. Others wanted t flesh ut cnceptual ideas already at this stage t be further cnsidered in the light f the utcmes f the negtiatins n their sectins. There was a general feeling that it culd als be premature t address the 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 COP 21. 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 thse prvisins, a certain cnvergence f views was emerging. The C-Facilitatrs identified the fllwing pssible areas fr cnsideratin and cnslidatin in the infrmal cnsultatins n Wednesday, 2 September 2015: 1. Reference t the Cnventin: as a whle/ principles/bjective (Part I, Pp1, Pp2; Part III, Pp1); 2. Glbal nature and urgency f climate change (Part III, Pp8); IPCC AR5 (Part III, Pp9), Science (Part III, Pp10); 3. Ri+20 Cnference (Part III, Pp5), Pst-2015 develpment agenda (Part III, Pp31); Sustainable scial and ecnmic develpment (Part III, Pp33); 4. Equality, envirnmental integrity and rights (Part III, Pp30); Health (Part III, Pp34); 5. Rle f private sectr in capacity-building (Part III, Pp28); Actin by nn-state actrs (Part III, Pp32); 6. Challenges faced by SIDS and LDCs (Part III, Pp29); 7. 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); 8. Means f implementatin (Part III, Pp25). During the infrmal cnsultatins n Wednesday, 2 September 2015, Parties exchanged views n the cntent f the eight areas identified abve. There were suggestins t further merge sme f the areas. Sme nted that negtiatins n substantive sectins culd infrm whether there is a need t address sme f 1 This versin f the cmpiled wrking dcument des nt cntain updates frm facilitated grup meetings f [Sectin C. General/Objective], [Sectin H. Capacity-building], [Sectin I. Transparency f actin and supprt] and [Sectin K. Facilitating implementatin and cmpliance] n 3 September These updates will be included in the next versin f the cmpiled wrking dcument. 1 f 19

2 ADP 2-10 Wrking Dcument these issues in the preamble and, if s, hw they culd be framed. In this regard, issues related t the area f adaptatin and the rle f the private sectr and nn-state actrs were identified as areas t revisit later in the cntext f the preamble. Parties agreed t further discuss the fllwing five general areas with a view t further identifying key elements and any pssible bridging r cnslidating f prvisins: 1. Reference t the Cnventin: as a whle/ principles/bjective (Part I, Pp1, Pp2; Part III, Pp1) and Means f implementatin (Part III, Pp25).; 2. Glbal nature and urgency f climate change (Part III, Pp8), IPCC AR5 (Part III, Pp9), Science (Part III, Pp10); 3. Ri+20 Cnference (Part III, Pp5), Pst-2015 develpment agenda (Part III, Pp31); Sustainable scial and ecnmic develpment (Part III, Pp33); 4. Equality, envirnmental integrity and rights (Part III, Pp30); and Health (Part III, Pp34); 5. Challenges faced by SIDS and LDCs (Part III, Pp29); The C-Facilitatrs invited Parties t submit any textual prpsals, which wuld build n the prvisins cntained in the C-Chairs Tl but aim t bridge the varius psitins r preferences expressed and cnslidate the prvisins int a mre cncise and cherent text. Thse materials wuld assist the C- Facilitatrs in preparing a nn-paper fr psting nline. Parties will be invited t prvide feedback at a shrt facilitated grup meeting t be held n Friday, 4 September 2015, frm 3 t 3.30 p.m. [Sectin C - General/Objective] Discussin n Objective Main bservatins: 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 Main bservatins: 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 2 f 19

3 ADP 2-10 Wrking Dcument Main bservatins: 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. 2 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. Wrk n prvisins fr the draft Agreement 3 Main bservatins: [Sectin D - Mitigatin] The facilitated grup received the reprt frm the infrmal meeting n implementing jintly. It acknwledged the prpsal develped by this grup t retain the first cncept cntained within the prvisin cnsidered,4 which states that Parties, including reginal ecnmic integratin rganizatins and their member States, may prepare, cmmunicate and [/r] implement [their] mitigatin [cmmitments][cntributins][actins] jintly. Sme Parties nted it will need further peratinalizatin. The Parties agreed that the ther cncepts cntained in Article 5 relating t cperative arrangements shuld be kept separate. Building n the verview f what Parties see as elements f the draft agreement and the draft decisin r decisins t be adpted in Paris, as presented during the first meeting, the facilitated grup cnsidered elements that are subject t further negtiatins but enjy brad supprt t be included in the ADP utcme. Elements with brad supprt t be included in the ADP utcme: Cllective effrts; Individual effrts; The infrmal meeting n differentiatin cntinued t wrk n identifying the different ways fr expressing differentiatin with regard t the individual effrts. Ambitin and prgressin; Implementing jintly; See abve fr the utcmes f the wrk in the infrmal meeting n implementing jintly. Flexibility fr LDCs/SIDS; Parties als identified elements whse inclusin requires further cnsideratin: Use f Market Mechanisms; 2 Numbering f prvisins refer t the numbering used in the C-Chairs Tl f 24 July (ADP Infrmal Nte, Annex II - available at 3 Numbering f prvisins reflects the numbering in the C-Chairs Tl f 24 July (ADP Infrmal Nte, annex II, available at < ). 4 Article 5 f Part I f the C-Chairs Tl. 3 f 19

4 ADP 2-10 Wrking Dcument An infrmal meeting was established t primarily address paragraphs 9 and 78 f Part II and Articles/paragraphs f Part III f the C-Chairs Tl, in rder t develp a streamlined prpsal n hw the ADP utcme culd reflect this issue if it were t be included. Nn-markets (Jint Mitigatin and Adaptatin Appraches and Cperative Mechanism (Sustainable Develpment)); The infrmal meeting established n this issue n Mnday cntinued t primarily address paragraphs 10 and 29 f Part II, and Article/paragraph 20 f Part III f the C-Chairs Tl, in rder t develp a streamlined prpsal n hw the ADP utcme culd reflect this issue if it were t be included. Actins in the Land Use Sectr and REDD plus; An infrmal meeting was established t primarily address Article/paragraph 21f Part III, and paragraphs 11 and 12 f Part II f the C-Chairs Tl, in rder t develp a streamlined prpsal n hw the ADP utcme culd reflect this issue if it were t be included. Respnse Measures; An infrmal meeting was established t primarily address Article/paragraph 25 f Part III f the C-Chairs Tl in rder t develp a streamlined prpsal hw the ADP utcme culd reflect this issue if it were t be included. Internatinal Transprt. The facilitated grup agreed that the fllwing issues wuld benefit frm discussins with a view t deepening understanding f the cncepts cntained and their rle in the ADP utcme: Cllective Effrts, as addressed in Article 3 f Part I and Article/paragraph 6 f Part III f the C- Chairs Tl; Verbs/steps f the cmmitment (e.g. prepare, cmmunicate, implement, maintain) as addressed in Article 4 f Part I f the C-Chairs Tl: Features f the cmmitment (e.g. quantifiability, lng term trajectry, cnditinality, cnsistent with further guidance) as addressed in Articles/paragraphs 7, 9, 10, 12 and 13 f Part III f the C-Chairs Tl; Prgressin and ambitin, as addressed in Articles 6 and 7f Part I f the C-Chairs Tl. The facilitated grup started discussin based n the text cntained in Article 3 f Part I f the C-Chairs Tl: In cnsidering Cllective Effrts, the grup identified three cncepts cntained in Article 3 f Part I f the C-Chairs Tl: 1) a cllective cmmitment (e.g. all Parties shall r shuld enhance mitigatin effrts, make individual effrts, cperate); 2) differentiatin (e.g. references t Article 4 f the Cnventin, CBDRRC, equity, grups f Parties, supprt); and 3) a directin f travel (e.g. references t the lng term temperature limit, achieving lng-term emissins reductins, glbal peaking f emissins as sn as pssible, an emissin budget, climate neutrality by the end f the century, reflecting latest science and zer net emissin pathways). Sme Parties cnsidered that a cllective cmmitment wuld apply equally t all Parties and, therefre, n references t differentiatin are required. Other Parties saw this cllective cmmitment as a framing prvisin and, therefre, wuld require a reference t differentiatin. A few Parties were f the view that there is n need t include a prvisin n cllective effrt in the ADP utcme and that the individual cmmitment fr each Party is sufficient. With regards t the directin f travel, sme Parties nted that the lng term temperature limit is relevant fr ther sectins and, therefre, shuld be cntained in the general/bjective sectin (sectin C). Other Parties expressed the view that the general bjective shuld be further peratinalized by a mitigatin specific bjective. That mitigatin specific bjective wuld address quantifiable aspects such as, fr 4 f 19

5 ADP 2-10 Wrking Dcument example, peaking, budget, GHG neutrality r climate neutrality. A few Parties indicated that sme f the ptins fr the directin f travel are nt well understd and wuld need t be defined. One Party made a prpsal t use the cllective effrt as a chapeau fr the individual effrt. [Sectin E - Adaptatin and lss and damage] Main bservatins: The facilitated grup n adaptatin and lss and damage met tday, 3 September, frm 10 a.m t a.m. Parties heard reprts frm the infrmal meetings (spin-ff grups) n lss and damage and n the glbal gal n adaptatin/lng-term visin fr adaptatin/cllective effrts. After the reprts, the meeting was adjurned in rder t allw grups f Parties time t crdinate. The facilitatr f the infrmal meeting n lss and damage, Mr. Len Charles, reprted: That all Parties engaged cnstructively thrughut in distilling the ptins and that a frank and cperative atmsphere characterized the deliberatins. The infrmal grup develped the fllwing tw bridging prpsals t facilitate negtiatins n lss and damage frm here nward: A prpsal by the G77 and China, which will cntain prvisins in the: Draft Agreement n the establishment f a new mechanism t take ver the peratin f the Warsaw Internatinal Mechanism after 2020, which includes a climate change displacement crdinatin facility; Draft Decisins: T peratinalize the institutins anchred in the Agreement; On a clearing huse fr risk transfer schemes under the Warsaw Internatinal Mechanism; A prpsal by the US/EU/Switzerland/Australia, which will cntain COP prvisins in a COP decisin, including n, amng thers: Recgnizing the imprtance f lss and damage; Recalling decisins 2/CP.19 and 2/CP.20; A decisin t cntinue implementing the Warsaw Internatinal Mechanism under the Cnventin; Assurances f the permanence f the Warsaw Internatinal Mechanism and f respnsiveness t the evlving cncerns and needs f the mst vulnerable cuntries; That these tw grups f Parties agreed t make their respective textual prpsals available befre the end f this sessin. That, in respnse t a request made by a Party, the G77 and China will prvide a wrking descriptin f the prpsed climate change displacement crdinatin facility befre the ADP sessin in Octber, which will allw all Parties t further enhance their understanding f this imprtant arrangement prpsed t be established by the Paris Agreement. The C-Facilitatr, Ms. Andrea Guerrer, reprted n behalf f the facilitatr f the infrmal meeting n the glbal gal n adaptatin/lng-term visin fr adaptatin/cllective effrts, Mr. Richard Muyungi, as fllws: Parties engaged in a detailed and fcused discussin n the elements f the glbal gal and cllective effrts. Sme Parties utlined very clear and cncise lists f elements, which prvided a gd basis fr discussin and future drafting; Parties see these issues t be very much intercnnected with individual effrts, institutins, supprt, and mnitring and evaluatin. This makes it challenging t fcus n drafting mre cncise text, but als prvides an pprtunity t understand the bigger picture; 5 f 19

6 ADP 2-10 Wrking Dcument Sme Parties cnsidered that having language n screen wuld make discussins mre fcused; The C-Facilitatr summarized the meeting by reading ut the elements n which there seemed t be cnvergence in the rm: The lng-term [glbal gal][visin] fr adaptatin is t reduce vulnerability t the adverse impacts f climate change, t increase adaptive capacity, t enhance resilience, and t prtect peple, ecsystems and livelihds based n best available science; In rder t achieve the lng-term [glbal gal][visin] fr adaptatin, Parties shall cmmit t cperate by sharing knwledge, recgnizing adaptatin effrts and investments, prviding adequate supprt in the cntext f means f implementatin, imprving science, and strengthening institutins, including thse within the UNFCCC; The G77 and China stated that they are wrking n a prpsal n the glbal gal and cllective effrts, as well as individual effrts, and stated that they will cnsult with ther Parties and aim t have a text ready in the mrning f 4 September. [Sectin F - Finance] Main bservatins: During tw infrmal meetings f the facilitated grup n finance, Parties cntinued t exchange views and identify key cncepts in relatin t the fllwing issues: surces, and bjective/guiding principles/thematic funding. In additin t a submissin that was received n Wednesday, 2 September 2015, frm a grup f Parties n the issue f institutinal arrangements n finance in the cre agreement, three submissins were received n the issue f institutinal arrangements. 5 In a meeting f the facilitated grup n finance, Parties were given the pprtunity t intrduce their submissins as well as t react t the submissins made and engage in indepth discussins. The C-Facilitatrs encuraged Parties t cntinue their discussins n the basis f the textual prpsals with the aim f cming up with pssible bridging prpsals in advance f the next meeting f the facilitated grup, indicating that there may be emerging cnvergence n sme f the underlying issues with regard t the issue f institutinal arrangements. Additinal submissins were made by Parties, including n the ntin f scale and scaling up, enabling envirnments, and the bjective/cmmitment/purpse f finance. 6 The C-Facilitatrs indicated that these submissins will be discussed n Friday, 4 September Wrk n the ntin f scale, scaling up The ntin f scale, scaling up was discussed in tw infrmal meetings f the facilitated grup n finance n Wednesday, 2 September Tw ral reprts were delivered t the facilitated grup n finance by ne Party delegate designated by the C-Facilitatrs. During these discussins, Parties discussed cncepts that wuld have t be anchred in the draft Agreement as well as in the draft Decisin. In this cntext, Parties addressed the issue f level/scale f supprt, with prpsals utlining that it shuld be cmmensurate with and meet the level f ambitin, and/r be cmmensurate with develping cuntries needs and pririties. With regard t the issue f scale as such, prpsals made by sme Parties indicated that scale is t, inter alia: address and have a clear link t the verall temperature gal; be linked and in line with the bjective f the Cnventin; be based n the needs f develping cuntries and identified gaps in the prvisin and delivery f supprt. On the ntin f scaling up supprt, sme Parties prpsed that it shuld be an bligatin and cmmitment, within the cntext f Article 4, paragraph 7, f the Cnventin, regular and systematic, as well as regularly 5 Available at < 6 Available at < 6 f 19

7 ADP 2-10 Wrking Dcument reviewed, and/r be based n peridic assessments every fur years. Linked t that, prpsals put frward by Parties with regard t the ntin f scaling up included that it shuld be based n: a flr f USD 100 billin per year; a GDP-based calculatin; a burden-sharing frmula r arrangements; clear pathways fr scaling up, based n peridic needs assessments, r frm current levels. Further prpsals included the anchring f a lng-term qualitative cllective gal n means f implementatin, a bradening f the cntributr base, and that scaling up shuld cme frm a variety f surces, with supprt being nly ne element. The issues f predictability f resurces, as well as a cmmitment t cnducting needs assessments, were als mentined in this cntext. Anther cncept that Parties addressed referred t the scaling up f effrts r actins t be taken by all, including such actins as: the mainstreaming f climate change; the shift/redirectin f investment flws; the mbilizatin f private finance; the mbilizatin f climate finance at scale; enabling envirnments; and the scaling dwn f internatinal supprt fr high-carbn investments. The imprtance f measurement, reprting and verificatin/transparency f supprt was als raised by a few Parties; fr example: in the cntext f a cmmn reprting frmat t reflect n scaled-up quantified cntributins; as an essential element als with regard t effectiveness; r as a means t recgnize cntributins by a brader cntributr base. A few ther cncepts were als raised as essential in the cntext f scale and scaling up, including issues such as: the need fr an anchring f a 50:50 balance between supprt fr mitigatin and adaptatin; an acknwledgment f the imprtance f adaptatin as a crucial element; a recgnitin f agreed language regarding the specific needs and special circumstances f particularly vulnerable cuntries; the need fr effectiveness; that all instruments and channels shuld be used; that an element f prgressin shuld be captured; as well as acknwledging the increasing imprtance f the private sectr and that withut a clear definitin f what climate finance means, it becmes difficult fr Parties t have a cmmn understanding f what it is that they are discussing scale in relatin t. Cncepts that culd pssibly be captured in decisins included: the prcess thrugh which the determinatin f the level f the needs and pririties f develping cuntries wuld be carried ut; the determinatin f the level f resurces required, as per Article 11, paragraph 3(b), f the Cnventin, t lead t a clear rad map f individual annual cmmitments and details n this rad map; details f the revisin f the guidelines fr natinal cmmunicatins; r guidance t the perating entities f the Financial Mechanism prvided by the gverning bdy t include the strengthening f the issue f the determinatin f funding necessary and available. Wrk n surces Parties engaged n the issue f surces during ne infrmal meeting f the facilitated grup n finance n Thursday, 3 September One Party representative, as designated by the C-Facilitatrs, reprted t the facilitated grup n finance n the utcme. This included a general cmmn understanding that, in the light f the challenges at hand, surces f climate finance cannt be limited t nly ne surce, as well as that the cncept f surces shuld be anchred r recgnized in the draft Agreement; hwever, there were diverging views n whether r nt there is a need fr sme srt f peratinalizatin regarding the cncept f surces t be captured r anchred in the draft Decisin. Thrugh the discussins, tw lines f thught with regard t the capturing f the issue f surces in the draft Agreement became clearer. One wuld be alng the lines that, in line with the principles and prvisins f the Cnventin, financial resurces shall be prvided frm public surces, and are t be the main surce, and that financial resurces may be mbilized frm ther surces, including private surces, with the understanding f the cmplementary/supplementary nature f such surces. The ther line f thught wuld be arund the issue f climate finance t be mbilized frm a variety f surces, including public, private and alternative surces. Parties additinally identified a number f ideas and cncepts arund the issue f surces. Fr example, issues arund adequacy and predictability were raised. With regard t private surces, varius Parties raised varius cncerns, including with regard t: the prfit-riented nature f private surces; the suitability f private surces, particularly with regard t adaptatin; and the questin f the capability f private surces in relatin t meeting the temperature gal. Sme Parties are f the pinin that the private sectr is ut f the remit f the Cnventin; hwever, indicating that it is within the remit f the Cnventin t create, fr example, incentives fr private-sectr engagement. Sme Parties highlighted the imprtance f private 7 f 19

8 ADP 2-10 Wrking Dcument finance fr the transfrmatin t a lw-carbn and climate-resilient ecnmy and the ntin f scale related t it. Varius Parties pinted ut that there is a need fr further cnsideratin with regard t the use f surces ther than public, including, fr example, the establishment f clear prcesses fr such cnsideratins. Parties als referred t the issue f channels: sme wuld like t see specific mentin f the Financial Mechanism and its perating entities, while thers highlighted the need t make use f a wide variety f channels and a brad range f instruments, such as grant-based assistance, cncessinal lans, cmmercial financing, bnds and exprt credits. Furthermre, Parties identified varius issues arund transparency, the measurement, reprting and verificatin f supprt, and accuntability, particularly with regard t private/alternative surces. Overarching issues that were pinted ut by a few Parties included: the imprtance f grant-based assistance t priritize the prest and mst vulnerable cuntries; the need fr additinal resurces t be mbilized frm private surces, while ensuring that the principle f fiscal svereignty is anchred in the draft Agreement; and the imprtance f taking int cnsideratin the suitability f surces with regard t specific sectrs, particularly adaptatin. Further specific cncepts that were mentined by a few Parties included: the issue f vluntary Suth Suth cperatin; the pssibility f anchring prceeds frm existing and new mechanisms, including market mechanisms, in the new draft Agreement; as well as need t anchr supprt fr the develpment f the private sectr in SIDS; the imprtance f effectiveness in the cntext f the use f surces; as well as the nature f public finance and its rle under the Cnventin, particularly with regard t catalysing actins and mbilizing ther surces. Wrk n bjective/guiding principles/thematic funding Parties engaged n the issues f bjective/guiding principles/thematic funding during ne infrmal meeting f the facilitated grup n finance. A reprt will be prvided t the facilitated grup n Friday, 4 September 2015, by a Party representative designated by the C-Facilitatrs. Wrk n cmmitments/bligatins/actin The infrmal meeting f the facilitated grup n finance in the afternn f Wednesday, 2 September 2015, cvered the issue f cmmitments/bligatins/actins as agreed in the facilitated grup n finance. With regard t cmmitments and bligatins, Parties referred t the existing cmmitments and respnsibilities under the Cnventin. Sme Parties pinted ut the link between the cmmitment t prvide financial resurces and the enhanced implementatin f the Cnventin; ther Parties indicated that this wuld als require effrt and actin by all in rder t mbilize the financial resurces required t this end, while fully acknwledging the cmmitments f develped cuntry Parties as defined by the Cnventin. Specific cncepts that were mentined included: the scaling up f supprt, the enhancement f existing cmmitments, the need fr peridicity and review f cmmitments, the need fr increasing ambitin ver time, and the need fr predictability and adequacy. Cncerning the ntin f actins, varius cncepts were identified by a few Parties, including: cperatin t prmte the mbilizatin f climate finance frm a variety f surces; priritizatin f the prest and mst vulnerable cuntries in the prvisin f grant-based assistance; mainstreaming climate change in develpment prcesses; imprving f enabling envirnments; scaling dwn supprt t high-carbn investments; making vluntary cntributins in the frm f actins taken by develping cuntries withut supprt, fr example, in the cntext f Suth Suth cperatin; and increasing transparency n supprt. In particular, the cncept f enabling envirnments was discussed at a mre in-depth level since varius Parties had pinted ut that mre cnceptual clarity is needed n this issue. There were divergent views n the need t capture the cncept f enabling envirnments in the draft Agreement. Sme Parties emphasized the need t capture a cllective effrt by all Parties t enhance enabling envirnments in the draft Agreement as they perceive this mre in terms f an enabler cntributing t, fr example, vercming existing barriers in rder t access financial resurces, rather than as cnditinality fr supprt. Other Parties expressed cncerns regarding a perceived cnditinal aspect intrinsically linked t the cncept f enabling envirnments, as well as regarding a lack f clarity n this cncept. Anther ntin raised by a few 8 f 19

9 ADP 2-10 Wrking Dcument Parties in the cntext f enabling envirnments was the need fr enabling envirnments nt nly at the dmestic level, but als at the multilateral level, fr example, thrugh cmmitments n financial resurces and the prvisin f adequate and predictable resurces. The cncept f investments was als briefly discussed, with sme Parties seeing the enhancement f lw carbn investment and the transfrmatinal shift related t that end as an imprtant cncept t be captured in the draft Agreement, while thers were f the view that this cncept may transgress the scpe f climate finance discussins, and that mre clarity n the implementatin f anchring this cncept in the draft Agreement may be needed. Sme Parties indicated that they will prvide textual prpsals n the issue f cmmitments/bligatins/actins; thers indicated specific textual elements cntained in the C-Chairs Tl n the basis f which the current text cntained in the draft Agreement and the draft Decisin culd be enhanced and/r added t. Varius Parties indicated that they will cntinue t engage als n a bilateral basis n sme f the cncepts identified. 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. Next steps An infrmal meeting, as well as a frmal meeting f the facilitated grup n finance, will take place n Friday, 4 September Main bservatins: [Sectin G - Technlgy develpment and transfer] Parties recgnized the imprtance f technlgy develpment and transfer in the draft Agreement and that the current sectin culd be strengthened. Parties agreed that cperative actin is key t facilitate and prmte technlgy develpment and transfer, and sme Parties were f the view that the prvisins f the current text culd be enhanced t include ther aspects. 9 f 19

10 ADP 2-10 Wrking Dcument 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. Parties discussed the prpsed framewrk n enhanced actin n technlgy develpment and transfer, trying t identify what t d (in the draft Agreement) and hw t d it (in the draft Decisin). The discussin clarified that the framewrk: Is nt intended t create new institutins; Wuld prvide directin and verarching guidance t the wrk f the existing institutins in the medium and lng terms and strengthen them. Parties discussed the fllwing pssible elements f the narrative f the draft Agreement fr the technlgy sectin: A grup f Parties prpsed the pssible elements as fllws: 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 7 culd be used as the basis fr further discussin); Institutinal arrangement and resurce supprt (funding) t supprt these enhanced actins; Anther Party prpsed ther pssible elements as fllws: The rle f technlgy; Recgnitin f psitive develpments; Cperative actin, which culd include ther prvisins in the text; Institutinal arrangements; Anther Party prpsed ther pssible elements as fllws: A sectin n the imprtance f technlgy; Develping and strengthening institutins and mechanisms; Reviews and hw t update them ver time; Restatement f cmmitment t address barriers and cmmitment t enhance the deplyment f technlgy. Based n the utput f an infrmal meeting (spin-ff grup), Parties further engaged in discussin n pssible elements f the narrative f the draft Agreement fr the technlgy sectin and reflected their views in the table belw. This table has n status and will serve nly as an internal tl fr Parties t assist their cnsideratin n hw these elements (listed in the first clumn f the table) relate t current prvisins in the Tl. In relatin t what culd be part f the draft Agreement and what culd be part f the draft Decisin: Parties cnverged n a number f elements t be reflected in the draft Agreement: Recgnitin f the imprtant rle f technlgy; Cperative actins; Anchring technlgy institutinal arrangements; With regard t the recgnitin f the imprtant rle f technlgy, Parties nted that this element wuld be best placed in the preamble t the draft Agreement; 7 ADP Infrmal Nte, Annex II - available at < 10 f 19

11 ADP 2-10 Wrking Dcument With regard t the framewrk fr enhanced actin, Parties recgnized that further discussins were needed in rder t clarify which aspects f this element culd be part f the draft Agreement and draft Decisin; Parties als agreed that aspects f strengthening institutins and the framewrk culd be elabrated in the draft Decisin; Parties nted that technlgy needs assessment and peridic assessment f institutinal arrangements (current prvisins in Part II f the Tl) culd be part f the draft Decisin; Sme Parties als nted that imprtant elements f the technlgy sectin that appear in the table have nt yet been addressed and this remains a task t be undertaken. Ntes by the C-Facilitatrs and next steps: Parties agreed t establish an infrmal meeting (spin-ff grup) t wrk n the text n the fllwing tpics: Cperative actins, Anchring technlgy institutinal arrangements, and Framewrk, t be facilitated by Mr. Carls Fuller (Belize). Additinal tpics may be discussed as apprpriate. An infrmal meeting is scheduled t take place n Friday, 4 September (frm 10 a.m. t 1 p.m.). The facilitatr will reprt back t the facilitated grup meeting n Friday, 4 September, at 3 p.m. Key aspects in sectin Technlgy Objective/purpse/glbal gal Rle and imprtance f Technlgy (intrductin) Successes Gaps/evlving needs, finance, access, innvatin What we plan t d, capture gaps: framewrk Cperative actin Anchring institutins Framewrk Strengthening institutins and framewrk What existing institutins are ding (reiteratin): (TNA) Review and hw t update vertime Review f Framewrk Restate cmmitments t address barriers and cmmitments t enhance deplyment f technlgy Part I: Draft Agreement Part III: Part II: Draft Decisin 20. COOPERATIVE ACTION 70. GLOBAL GOAL FOR TECHNOLOGY 71. FRAMEWORK FOR ENHANCED ACTION 72. INDIVIDUAL EFFORTS ADDRESSING BARRIERS BY DEVELOPED COUNTRIES ADDRESSING BARRIERS BY DEVELOPING COUNTRIES ACCESS AND INNOVATION TECHNOLOGY NEEDS ASSESSMENT 72.5 RESEARCH, DEVELOPMENT AND DEMONSTRATION INDIVIDUAL EFFORTS TECHNOLOGY COMPONENT COLLECTIVE COOPERATION 73. INSTITUTIONAL ARRANGEMENTS TO SERVE THE AGREEMENT 34. TECHNOLOGY NEEDS ASSESSMENT 35. STRENGTHENING INSTITUTIONAL ARRANGEMENTS 36. SUPPORT OPERATIONALIZAT ION AND DELIVERY 37. ENHANCING COOPERATION 38. PERIODIC ASSESSMENT OF INSTITUTIONAL ARRANGEMENTS 84. TECHNOLOGY WORK PROGRAMME 71. FRAMEWORK FOR ENHANCED ACTION 11 f 19

12 ADP 2-10 Wrking Dcument [Sectin H Capacity-building] Main bservatins: 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 Tl, be mved t Part I. 8 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. Sme Parties had questined whether Part I was the mst apprpriate place fr Article 6 f the Cnventin; ther Parties intervened t supprt the inclusin f a paragraph n Article 6 f the Cnventin in this part. 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 a delegate frm Swaziland. Key issues highlighted at this infrmal meeting included: Need fr cncrete ideas r inputs n actins and needs that culd help determine milestnes; Need t specify cncrete actins and actin areas fr prmpt implementatin; Linkage between institutinal arrangements and wrk prgramme; What needs t be decided n institutinal arrangements t ensure prmpt and effective delivery f the wrk prgramme n pre-2020 milestnes? Capacity-building fr MRV and MRV f capacity-building; Cherence and crdinatin in delivery f capacity-building; Need fr a lng-term and sustainable perspective n capacity-building. The secnd infrmal meeting, facilitated by a delegate frm Japan, met n 2 September. There was a request t discuss hw institutinal arrangements can be enhanced. Parties will reprt back n their exchanges at the next meeting f the facilitated grup. Further bservatins and ntes by the C-Facilitatrs: The C-Facilitatrs prpsed that the infrmal meeting tasked t wrk n milestnes fr capacity-building between 2016 and 2020 be recnvened tmrrw mrning and start drafting text n the basis f the discussins held n 1 September during the infrmal meeting and views n the same tpic exchanged n 2 September during the meeting f the facilitated grup. 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. 9 It was bserved that the wrkshp, scheduled t take place back-t-back with the next sessin f the Ad Hc Wrking Grup n the Durban Platfrm fr Enhanced Actin (ADP) in Octber, culd help t further clarify issues relevant t the wrk f bth the SBI and the ADP. An infrmal meeting will be held fr this exchange n 3 September. 9 FCCC/SBI/2015/10, paragraphs 88 and f 19

13 ADP 2-10 Wrking Dcument 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 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: 10 Part I, Articles 27, 31 33; Part II, paragraphs and 86; Part III, Article/paragraphs 82 and 83. At the third meeting f the facilitated grup, as previusly agreed, Parties cnsidered hw the text in Parts I, II and III f the C-Chairs' Tl culd be imprved in rder t achieve greater clarity n the idea that "develping cuntry Parties need supprt t participate effectively in the transparency framewrk". 11 The speakers list was nt cmpleted and discussins will cntinue n 3 September Next steps: Due t time cnstraints, Parties agreed t start wrking in parallel, beginning with infrmal meetings (spinff grups) n the fllwing tw specific tpics: 10 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 < 11 < 13 f 19

14 ADP 2-10 Wrking Dcument Accunting/accuntability; Differentiatin/flexibility. Parties were reminded that the C-Facilitatrs are available fr bilateral meetings. [Sectin J - Timeframes and prcess related t cmmitments/ cntributins/ Other matters related t implementatin and ambitin] Observatins and ntes by the C-Facilitatrs: Discussins cntinued n a number f issues arund scpe, timing, cmmunicatin f cmmitments/cntributins, cllective stcktaking and husing. At the invitatin f the C-Facilitatr f the grup n timeframes, the C-Faciliatrs f the grups n finance and n adaptatin and lss and damage attended the meeting and shared infrmatin n hw time frame issues arse in their grups. This was fllwed by a shrt questin and answer sessin. Fllwing the discussins held in the facilitated grup n sectin L n prcedural and institutinal prvisins yesterday, the grup agreed t discuss issues related t husing in an infrmal meeting (spinff grup) facilitated by Ms. Christina Vigt (Nrway) and Mr. Dean Bialek (Marshall Islands). This infrmal meeting discussed the legal, plitical and practical implicatins f the varius husing ptins. Tw Parties presented ptins fr an annex t the agreement and schedules fr natinally determined cntributins. The C-Facilitatr identified a list f key elements relating t the review/stcktaking f implementatin and maintainance f natinally determined cntributins, that cvered bth successive cntributins and adjustments t cntributins, and husing. This generated a cnstructive discussin, with Parties nting that this list helped them t structure the cncepts. Sme Parties, hwever, nted that it did nt disentangle the different elements and particularities f the varius issues. The discussins cntinued in an infrmal meeting where tpics cvered included: the timing f fllw-up prcesses in relatin t the cntributins/cmmitments, hw t take advantage f existing arrangements and the nature f a cllective stcktake. In cncluding the discussins, the C-Facilitatr requested the secretariat t reflect the relevant paragraphs frm Parts I, II and III f the C-Chairs Tl in the list f elements that he had identified. He stated that he wuld present a revised list f elements at tmrrw s meeting. Establishment clause and related elements Main bservatins: [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 Main bservatins: 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. 14 f 19

15 ADP 2-10 Wrking Dcument 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 Main bservatins: 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 Main bservatins: 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, 12 as well as ther questins psed by the C-Facilitatrs during the meeting. Articles 43 45, Part I f the C-Chairs Tl: < 15 f 19

16 ADP 2-10 Wrking Dcument Main bservatin: Parties generally agreed that paragraphs serve as a sufficient basis fr the Agreement, as many f the prvisins are standard in ther internatinal agreements. 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 that is scheduled after the date f the entry int frce f the Agreement. 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. 13 Numbering f prvisins reflects the numbering in the C-Chairs Tl f 24 July (ADP Infrmal Nte, annex II, available at < 16 f 19

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