Distr.

GENERAL

UNEP/CBD/COP/4/3

9 February 1998

ORIGINAL: ENGLISH

CONFERENCE OF THE PARTIES TO THE

CONVENTION ON BIOLOGICAL DIVERSITY

Fourth meeting

Bratislava, 4-15 May 1998

Item 5 of the provisional agenda

PENDING ISSUES ARISING FROM THE WORK OF THE THIRD

MEETING OF THE CONFERENCE OF THE PARTIES

Note by the Executive Secretary

I.INTRODUCTION

Paragraph 3 of Article 23 of the Convention provides that the Conference of the Parties shall by consensus agree upon and adopt rules of procedure for itself and for any subsidiary body it may establish, as well as financial rules governing the funding of the Secretariat.

The third meeting of the Conference of the Parties transmitted to the fourth meeting, for consideration, issues related to the rules of procedure of the Conference of the Parties and to the financial rules for the administration of the Trust Fund for the Convention on Biological Diversity.

II. PARAGRAPH 1 OF RULE 40 OF THE RULES OF PROCEDURE

FOR MEETINGS OF THE CONFERENCE OF THE PARTIES

At its first meeting, held in Nassau, Bahamas, the Conference of the Parties adopted the rules of procedure for meetings of the Conference of the Parties to the Convention on Biological Diversity, with the exception of paragraph 1 of rule 40. The following text of paragraph 1 of rule 40, as contained in the annex of decision I/1 adopted by the first meeting of the Conference of the Parties, was transmitted for further discussion to the second meeting of the Conference of the Parties:

"The Parties shall make every effort to reach agreement on all matters of substance by consensus. If all efforts to reach consensus have been exhausted and no agreement reached, the decision [, except a decision under paragraph 1 or 2 of Article 21 of the Convention] shall, as a last resort, be taken by a two-thirds majority vote of the Parties present and voting, unless otherwise provided by the Convention, the financial rules referred to in paragraph 3 of Article 23 of the Convention, or the present rules of procedure. [Decisions of the Parties under paragraphs 1 and 2 of Article 21 of the Convention shall be taken by consensus.]"

As presently drafted, the text of paragraph 1 of rule 40 provides that, in the event that the Parties are unable to reach agreement by consensus, decisions on matters of substance shall be taken by two-thirds majority vote of the Parties present and voting. However, a proposal has been made that decisions under paragraphs 1 and 2 of Article 21 (Financial Mechanism) should be taken by consensus. This proposal is reflected in square brackets in the current draft of paragraph 1 of rule 40.

At its second meeting, the Conference of the Parties decided to put this item on the agenda of its third meeting.

At its third meeting, the Conference of the Parties considered paragraph 1 of rule 40 and decided to transmit this paragraph to its fourth meeting for further consideration (decision III/1).

III. FINANCIAL RULES FOR THE ADMINISTRATION OF THE TRUST FUND

FOR THE CONVENTION

At its first meeting, the Conference of the Parties also adopted the financial rules for the administration of the Trust Fund for the Convention on Biological Diversity, with the exception of paragraphs 4 and 16, concerning contributions and voting procedures, respectively.

Paragraphs 4 and 16 of the financial rules for the administration of the Trust Fund for the Convention on Biological Diversity were considered by the Conference of the Parties at its third meeting. The Conference of the Parties decided to transmit these paragraphs to the fourth meeting for further consideration (decision III/1).

A. Contributions to the Trust Fund

9.	The following text of paragraph 4 of the financial rules for the administration of the Trust Fund for the Convention on Biological Diversity, as contained in the annex to decision III/1 on "Pending issues arising from the work of the third meeting of the Conference of the Parties", was transferred to the fourth meeting of the Conference of the Parties for consideration:

"It is for the Conference of the Parties to determine the scale referred to in paragraph 3 (a) above. The scale is based on the United Nations scale of assessments for the apportionment of the expenses of the United Nations [adjusted to provide that no developing country Party shall be required to pay more than any developed country Party]. This scale of assessment shall apply unless amended by the Conference of the Parties. The contributions referred to in paragraph 3(a) shall be due on 1 January of each calendar year."

B. Voting procedures for the Trust Fund

10.	The following text of paragraph 16 of the financial rules for the administration of the Trust Fund for the Convention on Biological Diversity, as contained in annex II of decision II/20 on "Financing of and budget for the Convention", was transmitted for further consideration to the fourth meeting of the Conference of the Parties:

"[16 A.	The Parties shall reach agreement by consensus on:

(a)	The scale and any subsequent revision to it;

(b)	The budget.]

[16 B.	The Parties shall make every effort to reach agreement on the budget by consensus. If all efforts to reach consensus on the budget have been exhausted and no agreement has been reached, the budget shall, as a last resort, be adopted by a [two-thirds] [four-fifths] majority vote of the Parties present and voting representing a [two-thirds] [four-fifths] majority vote of the developing country Parties present and voting and a [two-thirds] [four-fifths] majority vote of the other Parties present and voting]."

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