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COP 10 Decision X/45

X/45.Administration of the Convention and budget for the programme of work for the biennium 2011-2012

The Conference of the Parties
1.Expresses its appreciation to Canada as the host country for its enhanced support to the Secretariat and welcomes its annual contribution to date of US$ 1,082,432 in 2010, to be increased at 2 per cent per year, from the host country Canada and the Province of Quebec to the operation of the Secretariat, of which 83.5 per cent has been allocated per annum to offset contributions from the Parties to the Convention for the biennium 2011-2012;
2.Welcomes the contribution from Japan, the Presidency of the Conference of the Parties, to support the implementation of the Strategic Plan for Biodiversity 2011-2020 and other decisions adopted at the tenth meeting of the Conference of the Parties;
3.Endorses the Revised Administrative Arrangements dated 26 October 2010 between the United Nations Environment Programme and the Secretariat of the Convention on Biological Diversity set out in Annex I hereto, looks forward to the rapid completion of the service level agreement provided for in those Arrangements, and requests the Executive Secretary to report to the Conference of the Parties through its Bureau on the implementation of the Arrangements;
4.Invites the Executive Director of UNEP to report on the Revised Administrative Arrangements to the Governing Council of the United Nations Environment Programme at its twenty-sixth session, to be held in Nairobi from 21 to 25 February 2011;
5.Decides that the trust funds (BY, BE, BZ and VB) for the Convention should be extended for a period of two years, beginning 1 January 2012 and ending 31 December 2013 and requests the Executive Director of UNEP to seek the approval of the Governing Council of UNEP for their extension;
6.Approves a core (BY) programme budget of $11,769,300 for the year 2011 and of $12,989,700 for the year 2012 for the purposes listed in the tables 1a and 1b below;
7.Adopts the scale of assessments for the apportionment of expenses for 2011 and 2012 as contained in the table 6 below;
8.Reaffirms a working capital reserve at a level of 5 per cent of the core programme budget (BY Trust Fund) expenditure, including programme support costs;
9.Notes with concern that a number of Parties have not paid their contributions to the core budget (BY Trust Fund) for 2009 and prior years;
10.Urges Parties that have still not paid their contributions to the core budget (BY Trust Fund) for 2009 and prior years; to do so without delay and requests the Executive Secretary to publish and regularly update information on the status of contributions to the Conventions’ Trust Funds (BY, BE, BZ and VB);
11.Decides that with regard to contributions due from 1 January 2005 onwards, Parties whose contributions are in arrears for two (2) or more years will not be eligible to become a member of the Bureau of the Conference of the Parties; this will only apply in the case of Parties that are not least developed countries or small island developing States;
12.Authorizes the Executive Secretary to enter into arrangements with any Party whose contributions are in arrears for two or more years to mutually agree on a "schedule of payments" for such a Party, to clear all outstanding arrears, within six years depending on the financial circumstances of the Party in arrears and pay future contributions by the due date, and report on the implementation of any such arrangement to the next meeting of the Bureau and to the Conference of the Parties;
13.Decides that a Party with an agreed arrangement in accordance with paragraph 12 above and that is fully respecting the provisions of that arrangement will not be subject to the provisions of paragraph 11 above;
14.Invites all Parties to the Convention to note that contributions to the core programme budget (BY) are due on 1 January of the year in which these contributions have been budgeted for, and to pay them promptly, and urges Parties in a position to do so, to pay by 1 December of the year 2010 for the calendar year 2011 and by 1 October 2011 for the calendar year 2012, the contributions set out in table 6 (scale of assessment) below and in this regard requests Parties be notified of the amount of their contributions as early as possible in the year preceding the year in which the contributions are due;
15.Authorizes the Executive Secretary to transfer resources among the programmes between each of the main appropriation lines set out in programme table 1a below, up to an aggregate of 15 per cent of the total programme budget, provided that a further limitation of up to a maximum of 25 per cent of each such appropriation line shall apply;
16.Agrees to share the costs for Secretariat services between those that are common to the Convention on Biological Diversity and the Cartagena Protocol on Biosafety on an 85:15 ratio for the biennium 2011-2012;
17.Authorizes the Executive Secretary to enter into commitments up to the level of the approved budget, drawing on available cash resources, including unspent balances, contributions from previous financial periods and miscellaneous income;
18.Takes note of the funding estimates for the:
(a)Special Voluntary Trust Fund (BE) for Additional Voluntary Contributions in Support of Approved Activities for the Biennium 2011-2012 and included in table 3 below;
(b)Special Voluntary Trust Fund (BZ) for Facilitating Participation of developing country Parties, in particular the least developed and the small island developing States, as well as Parties with economies in transition, for the biennium 2011-2012, as specified by the Executive Secretary and included in table 4 below,
and urges Parties to make contributions to those funds and to the VB Trust Fund for participation of indigenous and local communities in the activities of the Convention (see table 5 below);
19.Urges all Parties and States not Parties to the Convention, as well as governmental, intergovernmental and non-governmental organizations and other sources, to contribute to the appropriate trust funds of the Convention;
20.Reaffirms the importance of full and active participation of the developing country Parties, in particular the least developed countries and small island developing States, as well as Parties with economies in transition, in the activities of the Conference of the Parties to the Convention and requests the Secretariat to remind Parties of the need to contribute to the Special Voluntary Trust Fund (BZ) at least six months prior to the ordinary meetings of the Conference of the Parties, reflecting on the financial need, and urges Parties in the position to do so to ensure that the contributions are paid at least three months before the Conference of the Parties meets;
21.Approves a Secretariat staffing table for the programme budget contained in tables 2a and 2b below;
22.Invites Parties, Governments and organizations to offer highly qualified human resources and other support to the Secretariat in order to support the existing work programmes and approved activities;
23.Notes that in the preparation for the entry into force and the implementation of the ABS Protocol the current staffing component servicing the Protocol will need to be reviewed in the budget for the biennium 2013-2014 with the purpose to strengthen this component;
24.Requests the Executive Secretary to prepare and submit a budget for the programme of work for the biennium 2013-2014 for the consideration of the Conference of the Parties at its eleventh meeting, and to provide three alternatives for the core programme budget based on:
(a)Making an assessment of the required rate of growth for the core programme budget (BY Trust Fund);
(b)Increasing the core programme budget (BY Trust Fund) from the 2011–2012 level by 7.5 per cent in nominal terms;
(c)Maintaining the core programme budget (BY Trust Fund) at the 2011–2012 level in nominal terms,
and include explanations of the differences in staff and activities between the alternatives as well as their consequences;
25.Takes note of the report of the Executive Secretary (UNEP/CBD/COP/10/INF/16) on the advantages and disadvantages of using the currency of the host country of the Secretariat or the US$ as the currency of the accounts and budget of the Trust Funds of the Convention on Biological Diversity;
26.Requests the Executive Secretary, notwithstanding the continued need for a programme budget, to liaise with the United Nations Environment Programme (UNEP) with a view to exploring the feasibility for applying, the results-based management concept, and particularly results-based budgeting where appropriate, of the work of the Convention, taking into account the practice of UNEP and other organizations and to report thereon to the Conference of the Parties at its eleventh meeting;
27.Requests the Executive Secretary to use the measurable indicators of achievement and performance set out in annex II to the present decision as a management tool for the Secretariat and to report thereon to the Conference of the Parties at its next meeting;
Tables 1 to 6 of this decision are available in PDF format.

Annex I

REVISED ADMINISTRATIVE ARRANGEMENTS
between the
UNITED NATIONS ENVIRONMENT PROGRAMME (UNEP)
and the
SECRETARIAT OF THE CONVENTION ON BIOLOGICAL DIVERSITY (CBD)

The Executive Director of the United Nations Environment Programme (Executive Director) and the Executive Secretary of the Convention on Biological Diversity (Executive Secretary):
Recalling the terms and conditions of the offer of the Executive Director to host the Permanent Secretariat of the Convention on Biological Diversity dated 8 July 1994 and contained in document UNEP/CBD/COP/1/9 (6 October 1994);
Recalling also paragraph 1 of decision I/4 of the Conference of the Parties to the Convention on Biological Diversity, in which it designated UNEP to carry out the functions of the CBD Secretariat while ensuring its autonomy to discharge the functions referred to in Article 24 of the Convention on Biological Diversity;
Recalling also UNEP Governing Council decision 18/36 (26 May 1995), in which the Council welcomed the designation of UNEP to carry out the functions of the CBD Secretariat while ensuring its autonomy to discharge the functions referred to in Article 24 of the Convention on Biological Diversity;
Aware that decision II/19 of the second meeting of the Conference of the Parties accepted the offer of Canada to host the Permanent Secretariat of the Convention on Biological Diversity in Montreal;
Recalling decision III/23 of the third meeting of the Conference of the Parties which invited the Executive Director and the Executive Secretary to develop procedures, making an effort to conclude by 27 January 1997, with respect to the functioning of the Permanent Secretariat of the Convention, to clarify and make more effective their respective roles and responsibilities;
Recognizing that decision III/23 stressed that the procedures must provide for the managerial autonomy and efficiency of the Permanent Secretariat and its responsiveness to the needs of the Convention, and must ensure the administrative accountability of the Executive Secretary to the Conference of the Parties;
Recognizing that decision III/23 stressed further that the procedures must be in accordance with the United Nations financial and staff rules and regulations and with decision I/4 of the Conference of the Parties and should as far as possible, and where appropriate, follow the Personnel, Financial and Common Services arrangements agreed to between the United Nations and the Framework Convention on Climate Change;
Recalling decision IV/17 of the fourth meeting of the Conference of the Parties which endorsed the administrative arrangements between UNEP and the CBD Secretariat, contained in annex III of document UNEP/CBD/COP/4/24 and which entered into force on 30 June 1997;
Recalling paragraph 6 of decision VI/29 which welcomed with appreciation the decision of the Secretary-General of the United Nations of 8 December 2000, to upgrade the post of the Executive Secretary from D-2 to Assistant Secretary-General (ASG), pursuant to paragraph 21 of its decision V/22, and endorsed the decision of the Bureau of the fifth meeting of the Conference of the Parties approving the upgrading of the post of the Executive Secretary to Assistant Secretary-General in April 2001;
Recalling the procedure for appointment and extension of the terms of the office of the Executive Secretary contained in decision VII/34 which further invites the President of the Conference of the Parties to consult with the Executive Director and liaise with the Office of the Secretary General of the United Nations on future appointments, and decision VIII/10 which takes note of the need for a transparent and objective process for appointment of the Executive Secretary that involves the Conference of the Parties and its Bureau in a manner consistent with paragraph 1 of decision IV/17, which refers to consultation with the Conference of the Parties through its Bureau before appointing the Executive Secretary and to the authority of the Conference of the Parties to determine the term of office of the Executive Secretary;
Recalling also decisions VII/33, VIII/10 and IX/29 inviting the Executive Director and the Executive Secretary to review and revise the administrative arrangements between UNEP and the CBD Secretariat;
Recognizing and respecting the dual reporting and accountability lines of the Executive Secretary as recognized also in the Secretary-General’s bulletin ST/SGB/2006/13 that while the Executive Secretary is accountable to the Conference of the Parties for programme delivery, the Executive Secretary is also accountable to the Executive Director on administrative and financial issues as stipulated by the United Nations and UNEP rules and regulations, as well as the financial rules for the administration of the trust fund for the Convention on Biological Diversity. The Executive Secretary operates with sufficient autonomy to discharge the functions that the Conference of the Parties has reposed in the Executive Director;
Hereby decide to apply the following revised Administrative Arrangements effective at the date of endorsement by the Conference of the Parties.

I.Guiding Principle

1.The administrative arrangement between UNEP and the CBD Secretariat is based on the offer of the Executive Director, dated 8 July 1994, to provide secretariat support to the Convention, contained in document UNEP/CBD/COP/1/9 of 6 October 1994, as well as relevant decisions adopted by the Conference of the Parties.

II.Personnel Arrangements

2.The Executive Secretary will be appointed by the Secretary-General of the United Nations as laid down in decision VII/34 of the Conference of the Parties. The Executive Secretary will be appointed by the Secretary General as recommended by the Executive Director in consultation with the Conference of the Parties through its Bureau, at the level of Assistant-Secretary General.
3.The process to appoint the Executive Secretary shall be transparent and objective, and involve the Conference of the Parties and its Bureau. The Conference of the Parties has the authority to determine the term of appointment for the Executive Secretary.
4.The Executive Secretary is accountable to the Conference of the Parties through its Bureau on programme delivery and policy related issues and to the Executive Director on administrative and financial issues as stipulated by the United Nations rules and regulations.
5.The appraisal of the performance of the Executive Secretary will be conducted in accordance with the established United Nations practices of senior United Nations officials at the level of Assistant Secretary-General. The Executive Secretary's performance will be appraised by the Executive Director of UNEP where they relate to areas on which the Executive Secretary reports to and is accountable to the Executive Director. This may not cover the functions of the Executive Secretary under Article 24 of the Convention in respect of which, and pursuant to the relevant decisions of the Conference of the Parties and the UNEP Governing Council, where the CBD Executive Secretary enjoys autonomy.
6.Arrangements related to medical health of the staff of the Secretariat of the Convention on Biological Diversity will be made through a separate arrangement between the Nairobi medical clinic and the medical unit of the International Civil Aviation Organization (ICAO) and shall be contained in annex I.

III.Financial Arrangements

7.The financial and common services arrangements will be governed by the United Nations and UNEP Financial Rules and Regulations, as well as the financial rules for the administration of the trust fund for the Convention on Biological Diversity.
8.The establishment of trust funds to support the CBD process is decided by the Conference of the Parties, will be subject to the United Nations and UNEP Financial Rules and Regulations, as well as the financial rules for the administration of the trust fund for the Convention on Biological Diversity. The related resources and expenditures will be accounted for under separate accounts to be established by UNEP for this purpose and will be administered in accordance with rules and regulations referenced above with the exception of paragraph 9 below.
9.No operational reserve will be maintained under the core budgets of the Convention and its Protocol accounts on the understanding that the CBD Working Capital Reserve will be maintained and administered under those accounts. No operational reserves will be maintained under the other trust fund accounts.
10.All contributions to the Convention and its Protocols are deposited in the Trust Funds referred to in paragraph 8 of this agreement, and in accordance with the terms of reference for such trust funds, it is the prerogative of the Secretary-General of the United Nations to invest all available cash surpluses in the account. The Treasurer of the United Nations will therefore invest CBD monies that may not be immediately required. The interest earned on the trust funds of the Convention and its Protocols will be credited to the relevant trust funds.
11.UNEP will maintain, in full consultation with the Executive Secretary, the accounts for Convention and its Protocols, approve payments on behalf of the CBD Secretariat, provide payroll services, record obligations, disbursements and expenditures for all other transactions and provide a timely, up-to-date report of all accounts to the Executive Secretary in accordance with established procedures.
12.In accordance with the United Nations Financial Regulations and Rules, on a monthly basis, UNEP will provide the Executive Secretary with up-to-date information on the status of allotments, trial balance and unliquidated obligations. The final UNEP accounts certified and audited by the Board of External Auditors, will be submitted to the Executive Secretary for reporting to the Conference of the Parties in accordance with the financial rules adopted by the Conference of the Parties.
13.Notifications of contributions due from Parties to the Convention and its Protocols will be processed on the basis of the Executive Secretary’s communication on approval of the contribution amount due from each Party.
14.UNEP will promptly advise the Executive Secretary on any contributions received and accordingly acknowledge receipt to the Parties.
15.The budgets of the Convention and its Protocols are approved by the Conference of the Parties. The Executive Secretary may commit resources only if such commitments are within the budgets approved by the respective governing bodies and within available resources.
16.A service level agreement between the Executive Secretary and the Executive Director shall be detailed for the services from the United Nations Office at Nairobi and those from UNEP which the Secretariat of the Convention on Biological Diversity effectively makes use of and this will be attached as annex II.

IV.Reimbursement for Services Provided to the Secretariat

17.All trust funds established for the Convention and its Protocols are subject to 13 per cent programme support costs on actual expenditures, unless otherwise agreed upon on a case-by-case basis by the Executive Director and the Executive Secretary.
18.The above programme support funds will be used in part for financing the full and effective requirements of the administrative/personnel unit of the CBD Secretariat in Montreal and in part those of UNEP’s support services to the CBD. The allocation of these funds will be described in the Service Level Agreement referred to in paragraph 16 above.
19.UNEP shall reimburse on annual basis to the CBD Secretariat the financial and administrative costs of activities funded under Special Funds for voluntary contributions where such administrative and financial support is provided by the CBD Secretariat, allowing for any costs which UNEP and UNON might incur, as appropriately agreed to.

V.Conference and Other Services

20.UNEP will facilitate the coordination and provision of conference services to the sessions of the Conference of the Parties, its Protocol and their subsidiary bodies in full cooperation with the Executive Secretary. The Executive Director and the Executive Secretary will work together in identifying innovative ways and means to fund these sessions.

VI.Delegation of Authority

21.A delegation of authority from the Executive Director to the Executive Secretary will complement this agreement.

VII.Review of this Agreement

22.The provisions of this agreement or their application may, at the request of either party, be reviewed at any time. Such a request will be made at least four months in advance, and will then be addressed at the next meeting of the Bureau of the Conference of the Parties, or the next meeting of the Conference of the Parties, whichever comes first.
23.The revised Administrative Arrangements will supersede the Administrative Arrangements signed on 30 June 1997 between the Executive Director and the Executive Secretary and endorsed by the Conference of the Parties at its fourth session in decision IV/17.
Signed in Nagoya, Japan
Achim Steiner Ahmed Djoghlaf
Executive Director Executive Secretary
United Nations Environment Programme Secretariat of the Convention on Biological Diversity
Date: 26 October 2010 Date: 26 October 2010

Annex II

INDICATORS OF ACHIEVEMENT AND PERFORMANCE FOR THE PROGRAMME BUDGET

A.Budget management

1.Budget allocated versus expenditures (for the BY Trust Fund)
2.Budget allocated versus expenditures (for the BE Trust Fund)

B.Resource mobilization for the BE BZ and VB Trust Funds

1.Funds mobilized under the BE Trust Fund for Secretariat led activities
2.Funds mobilized under the BE Trust Fund for capacity-building through regional workshops
3.Funds mobilized under the BZ and VB Trust Funds

C.Capacity-building and outreach

1.Training activities and workshops for which Secretariat provides resources:
a.Number of participants
b.Number of Parties involved
c.Level of participant satisfaction
2.Number of publications distributed
3.Number of website hits
4.Number of meetings attended by the Secretariat

D.Other functions of the Secretariat

1.Percentage of working documents made available to Parties in all working languages within deadlines
2.Percentage of plenary sessions of the Conference of the Parties for which interpretation services were provided

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