Informal note by the co-facilitators final version. II. Cross-cutting and overarching considerations / relevant context / general elements

Transcription

1 13 Nvember 2017 Draft elements fr APA agenda item 7 Mdalities and prcedures fr the effective peratin f the cmmittee t facilitate implementatin and prmte cmpliance referred t in Article 15.2 f the Paris Agreement Infrmal nte by the c-facilitatrs final versin These draft elements have been prepared by the c-facilitatrs f the negtiatins n this agenda item under their wn respnsibility, n the basis f the deliberatins by Parties at this sessin and the views they have submitted. These elements are preliminary and shuld nt be cnsidered as final in any way; they are ffered as a basis fr wrk and d nt prejudge further wrk r prevent Parties frm expressing their views at any time. It is recgnized that the utcme f deliberatins n this item will frm part f the verall utcme under the Paris Agreement Wrk Prgramme. 1 I. Intrductin / mandate / purpse Article 15, paragraph 1, f the Paris Agreement established a mechanism t facilitate implementatin and prmte cmpliance with the prvisins f the Agreement. In accrdance with Article 15, paragraph 2, f the Agreement, this mechanism will cnsist f a cmmittee (hereinafter the Cmmittee ) that shall be expert-based and facilitative in nature and functin in a manner that is transparent, nn-adversarial and nn-punitive, paying particular attentin t the respective natinal capabilities and circumstances f Parties. Article 15, paragraph 3, f the Agreement specifies that the Cmmittee perate under the mdalities and prcedures t be adpted at CMA1 and is t reprt annually t the CMA. Paragraph 102 f decisin 1/CP.21 specifies that the Cmmittee is t have 12 members t be elected n the basis f equitable gegraphical representatin. The COP, thrugh paragraph 103 f the same decisin, requested the APA t develp mdalities and prcedures fr the effective peratin f the Cmmittee, with a view t the APA cmpleting its wrk n such mdalities and prcedures fr cnsideratin and adptin at CMA1. During the furth part f the first sessin f the Ad-hc Wrking Grup n the Paris Agreement (APA 1.4), held in Nvember 2017, Parties cntinued t discuss pssible mdalities and prcedures fr the effective peratin f the Cmmittee t facilitate implementatin and prmte cmpliance referred t in Article 15.2 f the Paris Agreement. II. Crss-cutting and verarching cnsideratins / relevant cntext / general elements Natinal capabilities and circumstances Parties were f the view that natinal capabilities and circumstances (NCCs) will apply t the mdalities and prcedures f the Cmmittee, in accrdance with the prvisins f the Paris Agreement. Parties have different views n hw NCCs can be peratinalized by the mdalities and prcedures f the Cmmittee. Sme were f the view that NCCs will apply thrugh guidance t the Cmmittee in its mdalities and 1 Narrative and cmmentary are displayed in italics and include clarificatins prvided by Parties, they d nt necessarily reflect the degree f supprt. Page 1 f 14

2 13 Nvember 2017 prcedures, while thers cnsider that the Cmmittee will apply NCCs n a case-by-case basis. Sme Parties cnsider that the mdalities and prcedures will differentiate between develped and develping cuntry Parties, while thers were f the view that this is nt apprpriate as the distinctin is nt made in the text f Article 15. Interlinkages with ther arrangements Parties recgnize that the Cmmittee may have direct and indirect linkages with ther arrangements under the Paris Agreement, and established under the Cnventin. Parties als recgnize the relatinship between the Cmmittee and supprt arrangements. Hw this relatin can be peratinalized needs t be explred. Sme Parties cnsider there t be strng linkages t arrangements under ther Articles f the Paris Agreement including, but nt limited t, the enhanced transparency framewrk (Article 13), the glbal stcktake (Article 14) and under Article 6. Sme Parties als cnsider there t be strng linkages t bdies that serve the Paris Agreement as prvided by decisin 1/CP.21, including but nt limited t the Frum fr Respnse Measures, the Standing Cmmittee n Finance, the Technlgy Executive Cmmittee, and the Warsaw Internatinal Mechanism fr Lss and Damage assciated with Climate Change Impacts. Parties recgnize that further wrk is required t understand hw these ptential linkages can be peratinalized thrugh the mdalities and prcedures f the Cmmittee, but sme nte that it was t early t cnsider this in detail. Discretin Parties als cnsider what degree f discretin the Cmmittee will have, and hw this may be bunded thrugh the mdalities and prcedures. Sme Parties feel that the Cmmittee shuld be given the mandate t keep its mdalities and prcedures under review, while thers cnsider this t be a matter fr the CMA alne. Sme Parties cnsider that the mdalities and prcedures shuld prescribe the actins and prcesses f the Cmmittee, fr example that all stages f the prcess shuld flw frm hw actin by the Cmmittee was initiated. While ther Parties cnsider that much f this wrk n the rules f prcedure can be left fr the Cmmittee t determine within bundaries. Level f detail fr CMA1 Parties cnsider whether the mdalities and prcedures t be cnsidered and adpted by CMA1 will address all pssible elements in a cmprehensive way, r whether sme questins wuld be best reslved after CMA1 and/r when the Cmmittee begins t meet. Sme Parties cnsider that full and cmprehensive mdalities and prcedures must be adpted by CMA1, while thers cnsider that these will cntinue t be develped as apprpriate ver time. Principles Sme Parties are f the view that the mdalities and prcedures require a sectin n principles that shuld guide the Cmmittee. Sme cnsider that this shuld include equity and cmmn but differentiated respnsibilities and respective capabilities, in the light f different natinal circumstances. Others cnsider that this sectin wuld nt be required as differentiatin is embedded in the prvisins f the Paris Agreement, and that the principles that shuld guide the Cmmittee are included in Article 15. Sme Parties als raised ther principles, such as transparency, cmplementarity, independence, and the need t add value and avid duplicatin f ther arrangements, shuld als frm part f any principles. Page 2 f 14

3 13 Nvember 2017 III. Elements f relevant guidance 2 A. Purpse, Principles and Nature A.1. Purpse - Facilitate implementatin and prmte cmpliance (Art 15.1) - Encurage, assist and enable Parties t implement prvisins and cmply with their bligatins - Prevent situatins f nn-implementatin r nn-cmpliance - Thereby: Preventive rle is incnsistent with the facilitative and nn-adversarial nature f the Cmmittee Enhance effectiveness and durability f the Agreement Enhance credibility, cnfidence, cnsistency and effectiveness f actins, and trust amng Parties Cmplement ther prcesses and mechanisms under the PA and the Cnventin Avid pliticizatin A.2 Principles 1. Established under the Paris Agreement (PA) - Nthing in the design r peratins f the Art 15 Mechanism can change the cntent r legal character f the PA s prvisins. 2. Paris Agreement and Cnventin principles: - (1) Art 15 Mechanism must reflect equity and the principle f cmmn but differentiated respnsibilities and respective capabilities (CBDR-RC) in line with the Cnventin The mdalities need t respect and be infrmed by the principles, including with regard t nature, scpe, functins, cmmencement, measures/utputs, and prcedures This includes differentiatin between develped and develping cuntries - (2) The PA already reflects CBDR-RC in the light f different natinal circumstances: n further reflectin in the mdalities Differentiatin is already embedded in the PA prvisins, and is embedded in Article 15 in a particular way. Art 15 mechanism is applicable t all Parties - (3) Reference t Articles 2 and Other relevant principles: transparency nn-duplicatin f effrt/cmplementarity effectiveness independence inclusiveness 2 Headings, subheadings and frmatting are withut prejudice t the eventual mdalities and prcedures and are intended as a tl t cllect and rganize issues fr the purpses f this dcument. Page 3 f 14

4 13 Nvember 2017 A.3. Nature - Functining in a facilitative, transparent, nn-adversarial, nn-punitive manner (Art 15.2) - Expert-based and facilitative (Art 15.2) - Paying particular attentin t the respective natinal capabilities and circumstances f Parties (Art 15.2) - Transparent (see belw: Prcedural matters) (Art 15.2) - Nn-punitive (Art 15.2), i.e.: N enfrcement N penalties r sanctins - Nn-adversarial, (Art 15.2), i.e.: - Cnsultative - Advisry Nt a mechanism t settle disputes Respecting natinal svereignty B. Institutinal arrangements 1. Structure: a single cmmittee f 12 members 2. Cmpsitin and Membership: - Expert-based (Art 15.1) - Membership as agreed and specified in Decisin 1/CP.21 para.102: 3 Due regard t the members expertise and equitable gegraphic representatin Taking int accunt the gal f gender balance - Cmpsitin t represent diversity f fields f expertise Any further guidance n prprtin and/r fields f expertise (beynd 1/CP.21 para 102) - Length f mandate (pssibly 3 years) - Cmmittee members serve: in their persnal capacity in expert capacity - Whether there shuld be alternate members - Prmte smth transitin fllwing changes in membership (staggering f terms) 3. Electin: - Members t be elected by CMA (decisin 1/CP.21 para 102) - Resignatin and replacement 3 12 members with recgnized cmpetence in relevant scientific, technical, sciecnmic r legal fields t be elected by the CMA n the basis f equitable gegraphical representatin, with tw members each frm the five reginal grups f the United Natins and ne member each frm the small island develping States and the least develped cuntries, while taking int accunt the gal f gender balance. Page 4 f 14

5 13 Nvember Timing f first electin 4. Cnflict f interest - Members t abstain frm participatin in deliberatins and decisin-making with respect t their wn Party 5. Bureau - Cnsisting f a Chair, Vice-Chair and 3 Cmmittee members (representatin frm 5 UN reginal grups); Chair and Vice Chair elected frm amngst Cmmittee members with peridical rtatin n a gegraphical basis; rules fr replacement f Chair and Vice Chair 6. Meetings - Frequency - Attendance 7. Cnduct f meetings a. Transparency f prceedings Presumptin f penness f meetings and dcuments Cmmittee t deliberate and adpt decisins in a clsed sessin Cnfidentiality f prceedings b. Main decisin-making rules - Decisins (1) by cnsensus nly (2) by cnsensus r a 2/3 majrity members present and vting as a last resrt (3) by cnsensus r at least 3/4 majrity members present and vting as a last resrt - Qurum (3/4 f the members) - Prcedures fr intersessinal (electrnic) decisin-making t enhance efficiency and reduce cst - Any decisins t be supprted by reasning 8. Rules f prcedure: - T be develped by the Cmmittee fr cnsideratin by the CMA - T be part f the mdalities and prcedures C. Scpe - (1) Cmprehensive scpe (all prvisins): All prvisins f the Agreement, withut restricting scpe Cvering (nt necessarily mutually exclusive): (1.1) Mandatry prvisins and nn-mandatry prvisins (1.2) Individual and cllective bligatins Page 5 f 14

6 13 Nvember 2017 (1.3) Als recurrent, repetitive and systemic issues f implementatin, either individually r cllective - (2) Scpe in light f functin: - (3) Obligatins Facilitatin f implementatin fr all prvisins and prmtin f cmpliance fr legally binding prvisins (2.1) nly individual (2.2) nly individual and bjectively identifiable/assessable (2.3) als cllective (3.1) Obligatins under Articles 4, 6, 7, 9, 10, 11 and 13 Cmmn r cllective bligatins (bligatins shared amng certain Parties) shuld nt be per se excluded E.g. under Art 9 (several shall prvisins) But cllective aspiratins (Art 2.1) r cllective assessment (Art 14), are nt subject t the Art 15 Nt pssible t assess cmpliance f an individual Party with a cmmn r cllective bligatin (3.2) All shall prvisins (3.3) Legally binding prvisins n individual bligatins f Parties As the start/as a minimum Objectively assessable individual bligatins nly Shuld be priritized (nting small size f Cmmittee) May be bradened if/as gaps are being identified - (4) Differentiatin f scpe in line with the differentiatins in the PA prvisins (e.g. Art 9.1, 9.3 and thers) - (5) One f the abve (1-4) as well as relevant prvisins f decisins by the CMA (e.g. mdalities, prcedures and guidelines (MPGs)) - Prvisins relating t dmestic actin, cntributins made by Parties in their NDCs: Nt apprpriate under Art 15 due t the natinally-determined character f NDCs and svereignty ver their cntent There are shall prvisins related t NDCs that fall within the scpe f the Cmmittee, such as Articles 4.2, 4.8, 4.9 and 4.13 NCC: Whether and hw t peratinalize this element under this sectin t be explred. Scpe may/will depend n hw the prcedure was initiated. D. Functins Facilitate implementatin and prmte cmpliance (Art 15.1): - (1) Tw distinct functins: With differences based n scpe, triggers, and/r measures; Page 6 f 14

7 13 Nvember 2017 (1.1) As a dual functin; distinct but cmplementary; may nt be mutually exclusive; (1.2) Tw distinct rles, reflecting differentiated apprach thrughut PA and natinal circumstances; - (2) Cntinuum within the spectrum f functins: With the difference being determined by the legal nature f the prvisin in questin: Facilitatin and cmpliance fr legally binding prvisins; nly facilitatin fr nnlegally binding With the difference being determined by what is the apprpriate measure/utput in each case - (3) One functin: with n difference in measures/utputs as its utcmes are advisry and nnbinding NCC: t be taken int accunt in the exercise f its functins /Whether and hw t peratinalize this element under this sectin t be explred E. Initiatin f cnsideratin 1. Self-referral nly: Cmmittee activity may be initiated by the Party cncerned Only self-referral is cnsistent with facilitative nature Other referrals wuld risk the Cmmittee becming pliticized, adversarial, intrusive and redundant Only self-referral as a start, further types f referral t be cnsidered depending n elabratin f ther elements under the PA Self-referral alne is insufficient; shwn by experience f ther mechanisms Other referrals by a neutral third party pssible under certain cnditins and clear guidance Pssibility f vluntary Party s self-referral based n utputs frm the transparency framewrk under Art 13 4 [Pssible elements reflecting any linkages t transparency arrangements (culd be further explred)] 2. Self-referral and ther means f initiatin may include (views belw are nt necessarily mutually exclusive): - (1) Self-referral fr facilitatin f implementatin fr facilitatin f implementatin and prmtin f cmpliance - (2) By anther Party/by a grup f Parties: Any Party shuld be able t submit with regard t anther Party Pssible under certain cnditins and safeguards If fllws cnsultatin and with cnsent f Party cncerned Culd be adversarial, t plitical, pen t misuse - (3) By the Cmmittee itself: With respect t: 4 The symbl indicates areas where the mdalities and prcedures fr the peratin f the Art 15 Cmmittee may have linkages t ther areas f the PA that sme Parties cnsidered culd be further explred. The respective area f interlinkages is either identified in the relevant sub-bullet r may need t be further explred. Page 7 f 14

8 13 Nvember 2017 (2.1) All prvisins f the PA (2.2) Legally-binding individual bligatins, fr clearly identifiable binary issues (yes/n) E.g. whether Party submitted a NDC (recrded in registry) r a reprt required under Art 13 PA [Pssible elements reflecting any linkages t transparency (culd be further explred)] (2.3) Legally-binding individual and bjectively identifiable/assessable bligatins fr clearly identifiable binary issues (yes/n) (2.4) Fr systemic issues: Cmmittee has discretin itself r Cmmittee has the mandate n certain areas r Cmmittee seeks the mandate frm the CMA r Cmmittee starts wrk under request by large numbers f cuntries With respect t: All Parties Develped cuntries nly (2.5) Fr recurrent and/r significant incnsistencies with the guidelines develped under Art. 13 PA On the basis f: Objective verifiable infrmatin: Party cnsent Gathered and prvided by the Secretariat Frm transparency arrangements f Art 13 [Pssible elements reflecting any linkages t transparency (culd be further explred)] Prvided by ther bdies, mechanisms and arrangements under PA [Pssible elements reflecting any linkages t supprt arrangements (culd be further explred)] Ensuring the neutral, transparent, nn-adversarial, nn-punitive nature As a preventive apprach, t help a Party befre getting in a situatin f nn-cmpliance Preventative apprach is incnsistent with the facilitative nn-adversarial nature f the Cmmittee - (4) By the CMA: a. Fr systemic issues b. CMA t retain cmpetence t request an activity by the Cmmittee With respect t activities in relatin t individual Parties, the Party cncerned shuld recuse itself frm participatin in decisin-making by the CMA Cnsideratin in relatin t individual Parties is incnsistent with the nature f the Article 15 mechanism Page 8 f 14

9 13 Nvember (5) By ther bdies and arrangements established under r serving the Paris Agreement - (6) Differentiated apprach: Fr develped cuntries als ther referrals pssible (e.g. autmatic/bjective trigger); fr develping cuntries self-referral nly, recgnizing special circumstances f LDCs and SIDS. NCC: t be taken int accunt with respect t the initiatin f Cmmittee activities /Whether and hw t peratinalize this element under this sectin t be explred F. Surces f infrmatin 1. Drawing n additinal expertise 2. Safeguards fr cnfidential infrmatin In particular, fr hw t engage with Party cncerned, and specific facilitative measures 3. Pssible surces f infrmatin Infrmatin prvided by the Party cncerned Registries under the Paris Agreement Infrmatin frm the transparency framewrk, e.g. frm the technical expert teams [Pssible elements reflecting any linkages t transparency (culd be further explred)] Infrmatin frm the supprt arrangements [Pssible elements reflecting any linkages t supprt arrangements (culd be further explred)] Infrmatin frm ther institutinal arrangements [Pssible elements reflecting any linkages t supprt arrangements (culd be further explred)] Only validated surces f infrmatin, e.g. subsidiary bdies, bdies under UNFCCC, NDCs, Parties cmmunicatins Infrmatin frm the frum n respnse measures Infrmatin frm the Warsaw Internatinal Mechanism fr Lss and Damage assciated with Climate Change Impacts Infrmatin frm the Secretariat Mdalities and prcedures culd identify infrmatin required at the initiatin stage. Fr ther infrmatin, certain degree f discretin culd be given t the Cmmittee. G. Prcess - Steps/phases (nt necessarily cnsecutive) Determinatin f admissibility E.q. fr self-referral, Party cncerned t prvide infrmatin n effrts made t use ther arrangements and mechanism Exhaustin f effrts nt required Invite Party t prvide written inputs/cmments Flexibility regarding timelines fr respnse Obtaining infrmatin frm the relevant surces (see sectin F) Dialgue with Party cncerned Pssibility f supprt t enable participatin Invitatin f ther bdies when needed Determinatin f measures/utputs Page 9 f 14

10 13 Nvember 2017 Initial utputs; seek cmments frm Party; final utputs - Cnsent f the Party cncerned: Is required at every stage Sme steps/phases d nt require the cnsent f the Party - Participatin f the Party cncerned (can be peratinalized thrugh the elements f the prcess) Participatin in all stages f the prcess, including: At the time f initiatin Identificatin f causes, challenges and cnstraints In identificatin f measures, cnclusins r recmmendatins Develpment f actin plans Cnsideratin f natinal capabilities and circumstances Prir t any decisin In the fllw-up Frms Cnsultatin at different stages Dialgue with Party f facilitative nature Written inputs Representatin at meetings, including right t make representatins and pprtunity t respnd Natural justice and due prcess Right t fair hearing and recurse Cncepts similar t judicial hearings are incnsistent with the nn-judicial, facilitative, nn-adversarial nature f the Cmmittee NCC: t be taken int accunt with respect t treatment f the Party cncerned/ Whether and hw t peratinalize this element under this sectin t be explred - Natinal capabilities and circumstances f Parties (NCC) (can be peratinalized thrugh the elements f the prcess): T be taken int accunt in prcedural and substantive matters, including with regard t the treatment and participatin f the Party cncerned, in the utput, and in the cntext f crrespnding bligatins (e.g. Art and 13.15) Special circumstances f LDCs and SIDS t be taken int accunt Other relevant natinal circumstances, e.g. frce majeure Impact f respnse measures - Areas and types f flexibilities that can be affrded t Parties in the light f NCC might include (can be peratinalized thrugh the elements f the prcess): Cnsultatins/prcess, e.g. timelines fr the Party cncerned t respnd r prvide infrmatin Assistance prvided t a Party during the prcess befre the Cmmittee; Measures and utputs, e.g. by cnsidering the Party s NCC when determining the measures and utputs, including supprt Page 10 f 14

11 13 Nvember 2017 Flexibility with regard t substantive standards (e.g. by applying a lwer burden in standard f actin) Need t balance prprtinality, predictability and flexibility. - Prcess may/will depend n hw the prcedure was initiated. - [Placehlder fr any additinal elements f the Cmmittee s prcess fr cnsidering an issue] - Rules f prcedure: T be develped by the Cmmittee fr cnsideratin by the CMA T be part f the mdalities and prcedures H. Measures and utputs 1. General cnsideratins: - Nature and principles f the mechanism t infrm any measures and utputs - Guidance t the Cmmittee culd be prvided t infrm its apprach and its exercise f discretin in selecting measures, and rules f prcedure (culd be develped by the Cmmittee fr cnsideratin by the CMA) - Cmmittee, when identifying apprpriate measures/utputs, t take int accunt: Natinal capabilities and circumstances (NCC) Causes, degree, nature and frequency f nn-cmpliance Lack f capacity versus lack f will Taking int accunt capacities and technlgy needs f develping cuntries Legal nature f the prvisin cncerned Based n whether develped cuntry, develping cuntry Special circumstances f LDCs and SIDS Impact f respnse measures Relatinship between measures/utputs and the respective functins: - (1) Measures and utputs depending n the functins f facilitating implementatin and prmting cmpliance - (2) Measures and utputs as incremental steps alng a cntinuum, while keeping in mind the facilitative and nn-punitive nature Depending n the scpe (e.g. a narrw scpe culd mean a wider range f measures) Fr prmting cmpliance, measures such as statements f cncern shuld be nly a last resrt Nt depending n functins, but rather case-specific - (3) Measures and utputs are f a facilitative nature nly They are nn-binding, advisry and are nt f an incremental nature as this wuld be incnsistent with the nature f the Cmmittee as nn-adversarial and nn-punitive. Range f measures may/will depend n hw the prcedure was initiated. Page 11 f 14

12 13 Nvember Range f measures Views (nt necessarily mutually exclusive r cnsecutive): - Sharing f infrmatin, experience and lessns learned; - Identificatin f challenges faced by the Party cncerned; - Actin plan/implementatin plan/cmpliance plan Initiatin/request fr elabratin f implementatin/cmpliance plan (1) Whether nly upn request by the Party cncerned (2) Whether als by the Cmmittee (2.1) With cnsent f the Party cncerned (2.1) Withut need fr cnsent in case f nn-cmpliance Overall purpse f the plan Facilitative A radmap develped in cllabratin with the Party cncerned t assist the Party with implementatin r cmpliance with the PA Advisry Pssible elements f the plan: Descriptin f implementatin challenges/causes f nn-cmpliance Descriptin f measures the Party intends t take t imprve implementatin/achieve cmpliance Timelines Fllw-up arrangements (including infrmatin t Cmmittee abut prgress) Develpment f the plan With Cmmittee s assistance, if requested by the Party cncerned In a way that is respectful f the natinally determined nature f the NDCs - Recmmendatins and suggestins (t the Party cncerned) - Infrmatin and advice - Facilitating access t finance, technlgy and capacity-building supprt [Pssible elements reflecting any linkages t supprt arrangements (culd be further explred)] Infrmatin n accessing supprt, e.g. types f supprt available prmte cmpliance Safeguards t avid creating perverse incentive t be cnsidered Pssible requirements t exhaust effrts under ther arrangements N requirement t exhaust effrts r placing the burden n the Party. Party shall be able t initiate the facilitatin by the Cmmittee withut prejudice t any ther effrts - Referring t apprpriate bdies fr finance, technlgy and capacity-building supprt [Pssible elements reflecting any linkages t supprt arrangements (culd be further explred)] - Access t/refer t/send technical experts t assist Party cncerned Recmmendatins/referral t relevant bdies related t supprt; fcus n gaps in the prvisin f technlgy, finance and capacity-building - Early warning / Ntificatin t the Party cncerned: T preempt situatins f nn-cmpliance Incnsistent with facilitative, nn-punitive nature Page 12 f 14

13 13 Nvember Statements f cncern / Cautinary statements: - Cnfidential letter T preempt situatins f nn-cmpliance Incnsistent with facilitative, nn-punitive nature - Declaratins/Findings/Cmmunicatins in relatin t cmpliance: Cnclusin that a Party has nt cmplied with a prvisin is nt punitive Including identificatin f causes f nn-cmpliance and frequency f nncmpliance May be issued if nn-cmpliance cntinues after expiry f timeline specified in the plan Wuld nt be cnsistent with facilitative and nn-punitive nature - Factual findings related t cmpliance withut an affirmative statement f nn-cmpliance - Any measures related with Article 6 PA: Pssible elements reflecting any linkages t Article 6 (culd be further explred) N linkages t Article 6 3. Fllw-up by the Cmmittee - Shuld be facilitative in nature - Discretin wuld be needed t allw Cmmittee t decide n its wrking methds Additinal guidelines wuld be necessary with sme further steps and measures fr the Cmmittee - May depend n measures taken - Initiatin f a fllw-up may/shall require cnsent by the Party cncerned I. Identificatin f systemic Issues - Initiatin: see E.2 - Based n systemic challenges identified in the curse f the Cmmittee s wrk - Systemic issues invlving a number f Parties in aggregate frm nly - Als recurring implementatin/cmpliance issues f a Party r grup f Parties - Culd serve as backgrund infrmatin fr Glbal Stcktake [Pssible elements reflecting any linkages t the GST (culd be further explred)] - Culd infrm and/r be infrmed by supprt arrangements [Pssible elements reflecting any linkages t supprt arrangements (culd be further explred)] - Culd take int accunt the impact f respnse measures and ther relevant factrs - Pssible utputs: T be reflected in the reprts t CMA Recmmendatin t CMA Recmmendatin t grups f Parties cncerned - Issuing advisry pinins n interpretatin f prvisins wuld nt be apprpriate in light f the nn-judicial nature Page 13 f 14

14 13 Nvember 2017 J. Relatinship with the Cnference f the Parties serving as the meeting f the Parties t the Paris Agreement - Cmmittee under the guidance f CMA - Reprts annually t CMA (Art 15.3) - Cntent f reprting (views nt necessarily mutually exclusive): (1) Reprts n its wrk Nt individualizing (2) Reprting n findings/measures in individual cases: (2.1) Reprts n all t CMA (2.2) Infrms CMA nly if requested by the Party cncerned (3) A summary f its activities and actins taken (4) Reprts t flag systemic issues (4.1) Systemic issues invlving a number f Parties (4.2) Recurring implementatin/cmpliance issues f a Party - Recmmendatins t the CMA (views nt necessarily mutually exclusive): (1) If Cmmittee cnsiders the measures implicate imprtant issues under the PA r the authrity f ther PA bdies (2) In case f nn-cmpliance f Party cncerned: t prvide technical assistance; capacitybuilding (3) In cases f repeated nn-cmpliance (4) In cases f systemic issues regarding implementatin and cmpliance (5) On vercming systemic barriers t implementatin and cmpliance (6) Only at the request f the Party cncerned; and the CMA is nt required t take any decisin - CMA t take nte f (views): Cmmittee s findings in individual cases Taking nte f Cmmittee s findings in individual cases is incnsistent with the nature f the Article 15 Cmmittee K. Review f the mdalities and prcedures Views - Built-in review based n the experience with the Article 15 Cmmittee and ther relevant arrangements - Peridic review f the mdalities and prcedures by CMA - Review by the Cmmittee itself, with recmmendatins subject t apprval by the CMA L. Secretariat - Secretariat supprt Page 14 f 14