The Conference of the Parties,
Recalling decisions 1/CP.16 and 2/CP.17,
1. Notes with appreciation the completion of the selection process for the host of the Climate Technology Centre, which had the support of the evaluation panel nominated by the Technology Executive Committee from within its membership, the Subsidiary Body for Implementation and the secretariat and involved the valuable participation of the nine proponents that responded to the call for proposals for hosting the Climate Technology Centre;
2. Decides that the United Nations Environment Programme, as the leader of the consortium of partner institutions, is hereby selected as the host of the Climate Technology Centre for an initial term of five years, with possible renewal if so decided by the Conference of the Parties at its twenty-third session;
3. Adopts the memorandum of understanding between the Conference of the Parties and the United Nations Environment Programme regarding the hosting of the Climate Technology Centre, as contained in annex I to this decision;
4. Authorizes the Executive Secretary to sign, on behalf of the Conference of the Parties, the memorandum of understanding referred to in paragraph 3 above;
5. Decides that the Advisory Board of the Climate Technology Centre and Network is hereby established, with the constitution contained in annex II to this decision and with the functions contained in decision 2/CP.17, annex VII, paragraphs 8 and 9;
6. Requests the United Nations Environment Programme, as the host of the Climate Technology Centre, to convene and facilitate the first meeting of the Advisory Board as soon as possible in 2013, preferably prior to the thirty-eighth sessions of the subsidiary bodies;
7. Requests the Advisory Board to determine at its first meeting its operational modalities and rules of procedure for consideration by the subsidiary bodies at their subsequent sessions;
8. Takes note that the United Nations Environment Programme, as the host of the Climate Technology Centre, will ensure that the necessary arrangements are in place for the meetings of the Advisory Board, including privileges and immunities for members of the Board consistent with the Convention on the Privileges and Immunities of the United Nations;11
9. Encourages the United Nations Environment Programme, as the host of the Climate Technology Centre, to make the necessary arrangements to promptly launch the work of the Climate Technology Centre upon the conclusion of the eighteenth session of the Conference of the Parties, including, inter alia, the appointment of a Director of the Climate Technology Centre, who will facilitate the timely recruitment of the staff of the Climate Technology Centre;
10. Agrees that the United Nations Environment Programme, as the host of the Climate Technology Centre, shall provide periodic updates on matters regarding its role as the host of the Climate Technology Centre and make this information available in the annual report of the Climate Technology Centre and Network to the Conference of the Parties through the subsidiary bodies; such reports should also address the concerns raised by Parties on issues such as to enhance the in-house capacity of the host organization on technologies for adaptation;
11. Requests the Climate Technology Centre to consult with the Technology Executive Committee on establishing procedures for preparing a joint annual report as requested by decision 2/CP.17, with a view to making their joint annual report available to the Conference of the Parties through the subsidiary bodies at their thirty-ninth sessions;
12. Invites Parties to nominate their national designated entities for the development and transfer of technologies pursuant to decision 2/CP.17, annex VII, and decision 4/CP.13, paragraph 8, and to communicate this information to the secretariat by 29 March 2013, in order to facilitate the operationalization of the Climate Technology Centre and Network;
13. Reiterates that the financial support to the Climate Technology Centre and Network shall be provided in accordance with decision 2/CP.17, paragraphs 139–141;
14. Reaffirms that the Climate Technology Centre and Network shall be accountable to, and under the guidance of, the Conference of the Parties through the Advisory Board, and may perform such other activities as may be necessary to carry out its functions in accordance with decisions 1/CP.16, 2/CP.17 and other relevant decisions of the Conference of the Parties;
15. Reiterates that the Advisory Board of the Climate Technology Centre and Network will put in place the rules and procedures to monitor, assess and evaluate the timeliness and appropriateness of the responses of the Climate Technology Centre and Network to requests by developing country Parties in accordance with decision 2/CP.17, annex VII, paragraphs 7, 9(e) and 20.
Annex I
Memorandum of Understanding between the Conference of the Parties to the United Nations Framework Convention on Climate Change and the United Nations Environment Programme regarding the hosting of the Climate Technology Centre This Memorandum of Understanding
(hereinafter referred to as the “MOU”) is concluded between the Conference of the Parties (hereinafter referred to as “the COP”) to the United Nations Framework Convention on Climate Change (hereinafter referred to as the Convention) and the United Nations Environment Programme (hereinafter referred to as “UNEP”) (collectively referred to as the Parties) regarding the hosting of the Climate Technology Centre (hereinafter referred to as “the CTC”).
Preamble
Whereas the COP, by decision 1/CP.16, established a Technology Mechanism, consisting of a Technology Executive Committee and a Climate Technology Centre and Network (hereinafter referred to as the CTCN),
Whereas the COP, by decision 2/CP.17, adopted the terms of reference of the CTCN,
Whereas the mission of the CTCN is to stimulate technology cooperation and to enhance the development and transfer of technologies and to assist developing country Parties at their request, consistent with their respective capabilities and national circumstances and priorities, in order to build or strengthen their capacity to identify technology needs, to facilitate the preparation and implementation of technology projects and strategies, taking into account gender considerations to support action on mitigation and adaptation and enhance low-emission and climate-resilient development,
Whereas UNEP, on behalf of a consortium of partner institutions located in both developed and developing countries, submitted a proposal to host the CTC and informed the Committee of Permanent Representatives to UNEP thereof,
Whereas UNEP is the leading organization within the United Nations system in the field of environment and has, in the field of climate change, the mandate, among others: to strengthen the ability of countries, in particular developing countries, to integrate climate change responses into their national development processes and specifically to reduce their vulnerability and build up their resilience to the impacts of climate change; to facilitate the transition to low-carbon societies; to facilitate access to climate change financing for clean technologies; to support both public and private financing mechanisms; to support national processes for implementing sustainable forest management plans; to improve the understanding of climate change science and its use in sound policymaking; and to improve the general understanding of climate change,
Whereas the COP, by decision 14/CP.18, selected UNEP as the organization to host the CTC,
Whereas the UNEP Governing Council, by decision “…”3, at its twenty-seventh regular session, authorized the Executive Director of UNEP to host the CTC in UNEP,
NOW THEREFORE the Parties to this MOU have agreed to the following:
I. Purpose
1. The purpose of this MOU is to stipulate the terms of the relationship between the COP and UNEP with respect to the hosting of the CTC in UNEP in accordance with decision 14/CP.18.
II. Role and responsibilities of the Conference of the Parties
2. The CTCN shall operate within its terms of reference and be accountable to, and under the guidance of, the COP through the Advisory Board in accordance with decisions 1/CP.16, 2/CP.17, 1/CP.18, 14/CP.18 and other relevant decisions of the COP.
3. The Advisory Board shall advise the CTCN on the implementation of its terms of reference and the guidance provided by the COP.
4. The COP shall consider the annual report on the activities of the CTCN prepared in accordance with decisions 1/CP.16, 2/CP.17 and other relevant decisions of the COP, and provide guidance thereon.
5. In taking decisions that would affect the hosting of the CTC in UNEP, the COP shall take into consideration any views and information provided by UNEP.
III. Role and responsibilities of the United Nations Environment Programme
6. UNEP agrees to host the CTC as a dedicated entity within UNEP in accordance with decision ”…”4 of the UNEP Governing Council at its twenty-seventh regular session authorizing the Executive Director to host the CTC in UNEP and the provisions of this MOU.
7. UNEP shall design the organizational structure, manage the CTC and provide the necessary administrative and infrastructural support for the effective functioning of the CTC, in accordance with relevant United Nations and UNEP regulations, rules and procedures and decisions of the UNEP Governing Council, and subject to the financing provided pursuant to section VII below.
8. UNEP shall select and appoint, pursuant to the United Nations Staff Regulations and Rules and in accordance with decision 2/CP.17, the Director of the CTC, who shall be a UNEP staff member and accountable to the Executive Director of UNEP.
9. UNEP shall select and appoint, pursuant to the United Nations Staff Regulations and Rules, a small core staff to support the CTC in an effective and efficient manner, to be managed by the Director of the CTC.
10. UNEP may make use of loans of personnel from the consortium of partner institutions to support the CTC, in accordance with relevant United Nations regulations, rules and procedures.
11. UNEP shall provide periodic updates on matters regarding its role as the host of the CTC and make this information available in the annual report of the CTCN provided to the COP through the subsidiary bodies, prepared pursuant to paragraph 19 below.
12. UNEP shall guide the consortium of partner institutions to effectively support the functioning and operations of the CTC and shall make appropriate arrangements governing their cooperation.
13. The Executive Director of UNEP shall be responsible for the execution of the functions of UNEP under this MOU.
IV. Role and functions of the Climate Technology Centre and Network
14. The CTCN shall operate in accordance with decisions 1/CP.16, 2/CP.17, 1/CP.18, 14/CP.18 and other relevant decisions of the COP.
V. Role and functions of the consortium of partner institutions
15. The consortium of partner institutions shall, following the signature of appropriate agreements governing their cooperation with UNEP, support the operations of the CTC.
VI. Role and functions of the Director and personnel of the Climate Technology Centre
16. The Director shall be accountable to the Executive Director of UNEP for the effectiveness and efficiency of the CTC in carrying out its functions in accordance with relevant United Nations and UNEP regulations, rules and procedures and decisions of the UNEP Governing Council.
17. The Director shall serve as the secretary to the Advisory Board and be responsible for facilitating and providing support to the work of the Board, including making arrangements for the meetings of the Board.
18. The Director shall prepare a budget for the CTCN in accordance with decision 2/CP.17 and in conformity with the relevant regulations, rules and procedures governing the programme budget of UNEP. The CTCN budget will be prepared in accordance with the guidance provided by the COP. The part of the CTCN budget managed by UNEP will be included in the programme budget of UNEP as an extra-budgetary item to support the CTCN.
19. The Director shall prepare the annual report on the CTCN for submission to the COP through the subsidiary bodies. The annual report shall be approved by the Advisory Board in accordance with decision 2/CP.17, and shall include the financial status of, and information on the mobilization of other resources for, the CTCN.
20. The Director shall manage the financial resources of the CTCN in accordance with the United Nations Financial Regulations and Rules and the Financial Rules of UNEP, fiduciary, anti-fraud and anti-corruption policies and environmental and social safeguards.
21. The Director and personnel of the CTC shall liaise, as appropriate, with the secretariat of the UNFCCC and other relevant international bodies on issues relating to the activities and operations of the CTC.
VII. Financial arrangements of the Climate Technology Centre and Network
22. The costs associated with the CTC and the mobilization of the services of the Network will be funded from various sources, including the financial mechanism of the Convention, bilateral, multilateral and private-sector channels, philanthropic sources and financial and in-kind contributions from the host organization and participants in the Network.
23. UNEP shall provide financial and in-kind contributions to the CTC, in accordance with paragraph 139 of decision 2/CP.17 and taking into account the proposal of UNEP and the contribution of the consortium of partner institutions.
24. The CTC, in collaboration with UNEP and in consultation with the Advisory Board, shall help to mobilize funds to meet the costs associated with the CTCN.
VIII. Implementation of this Memorandum of Understanding
25. The Advisory Board and UNEP may agree on further arrangements for the implementation of this MOU, which do not in any way amend the existing provisions of this MOU, and report thereon to the COP.
26. Nothing in or relating to this MOU will be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs. IX. Dispute settlement
27. The COP, through the Advisory Board, and UNEP shall use their best efforts to amicably resolve any disputes, controversies or claims arising out of or relating to this MOU, including by use of mutually agreed dispute resolution methods.
X. Entire agreement
28. Any annex to this MOU that is concluded in the future will be considered an integral part of this MOU. References to this MOU will be construed as including any annexes, as varied or amended in accordance with the terms of this MOU. This MOU represents the complete understanding between the Parties.
XI. Interpretation
29. This MOU will be interpreted in accordance with relevant decisions of the COP and the UNEP Governing Council.
30. Any Party’s failure to request the implementation of a provision of this MOU will not constitute a waiver of that or any other provision of this MOU. XII. Term of this Memorandum of Understanding
31. The initial term of this MOU shall be five years, with two four-year renewal periods, if so decided by the COP and UNEP.
XIII. Notification and amendment
32. Each Party will promptly notify the other in writing of any anticipated or actual material changes that will affect the execution of this MOU.
33. The Parties may amend this MOU by mutual written agreement.
XIV. Entry into force
34. This MOU will come into force upon the last date of signature by the duly authorized representatives of the Parties.
XV. Termination
35. Subject to section XII above, either Party may terminate this MOU by giving one year’s prior written notice to the other Party. The termination shall come into effect one year from the date of the receipt of such a communication.
36. Following the termination of this MOU, UNEP shall take all necessary actions to conclude its operations relating to the CTC in an expeditious manner. Any termination of this MOU will be without prejudice to any other rights and obligations of the Parties accrued prior to the date of the termination under this MOU or any legal instrument executed pursuant to this MOU.
Annex II
Constitution of the Advisory Board of the Climate Technology Centre and Network
1. The Advisory Board of the Climate Technology Centre and Network (CTCN), with the aim of achieving fair and balanced representation, shall constitute the following:
(a) 16 government representatives, comprising equal representation from Parties included in Annex I to the Convention (Annex I Parties) and Parties not included in Annex I to the Convention (non-Annex I Parties);
(b) The Chair and the Vice-Chair of the Technology Executive Committee (TEC) in their official capacity as TEC representatives;
(c) One of the Co-Chairs, or a member designated by the Co-Chairs, of the Green Climate Fund Board in his/her official capacity as a Green Climate Fund representative;
(d) The Chair or the Vice-Chair of the Adaptation Committee, or a member designated by the Chair and the Vice-Chair, in his/her official capacity as an Adaptation Committee representative;
(e) One of the Co-Chairs, or a member designated by the Co-Chairs, of the Standing Committee in his/her official capacity as a Standing Committee representative;
(f) The Director of the CTCN in his/her official capacity as the CTCN representative;
(g) Three representatives, with one being selected by each of the following UNFCCC observer organization constituencies, taking into account balanced geographical representation: environmental non-governmental organizations (ENGOs), business and industry non-governmental organizations (BINGOs) and research and independent nongovernmental organizations (RINGOs), with relevant expertise in technology, finance or business, received by the host organization of the Climate Technology Centre (CTC), taking into account balanced geographical representation.
2. The Advisory Board will invite expert observers to attend meetings based on specific agenda needs, according to modalities and procedures developed by the Advisory Board at its first meeting.
3. The director of the CTCN shall be the secretary of the Advisory Board.
4. Government representatives shall be nominated by their respective groups or constituencies and elected by the Conference of the Parties (COP). Groups or constituencies are encouraged to nominate the government representatives to the Advisory Board, with a view to achieving an appropriate balance of expertise relevant to the development and transfer of technologies for adaptation and mitigation, taking into account the need to achieve gender balance in accordance with decisions 36/CP.7 and 23/CP.18.
5. Government representatives elected to the Advisory Board shall serve for a term of two years and shall be eligible to serve a maximum of two consecutive terms of office. The following rules shall apply:
(a) Half of the representatives shall be elected initially for a term of three years and half shall be elected for a term of two years;
(b) Thereafter, the COP shall elect half of the representatives every year for a term of two years;
(c) The representatives shall remain in office until their successors are elected.
6. If a government representative of the Advisory Board resigns or is otherwise unable to complete the assigned term of office or to perform the functions of that office, the Advisory Board may decide, bearing in mind the proximity of the next session of the COP, to appoint another representative from the same constituency to replace said representative for the remainder of that representative’s mandate, in which case the appointment shall count as one term.
7. The representatives of the Advisory Board referred to in paragraph 1(b) above shall serve in accordance with their term of office.
8. The representatives of the Advisory Board referred to in paragraph 1(c), (d) and (e) above shall serve in accordance with their term of office.
9. The representatives of the Advisory Board referred to in paragraph 1(g) above shall be eligible to serve for a maximum term of office of one year.
10. Decisions of the Advisory Board will be taken by consensus by only the Advisory Board representatives referred to in paragraph 1(a) and (b) above. These representatives will specify in the modalities and procedures of the Advisory Board how to adopt decisions in the event that all efforts at reaching consensus have been exhausted.
11. The Advisory Board shall elect annually a Chair and a Vice-Chair from among the representatives referred to in paragraph 1(a) above for a term of one year each, with one being from an Annex I Party and the other being from a non-Annex I Party. The positions of Chair and Vice-Chair shall alternate annually between a representative from an Annex I Party and a representative from a non-Annex I Party.
12. If the Chair is temporarily unable to fulfil the obligations of the office, the ViceChair shall serve as Chair. In the absence of the Chair and the Vice-Chair at a particular meeting, any other representatives identified in paragraph 1(a) above designated by the Advisory Board shall temporarily serve as the Chair of that meeting.
13. If the Chair or the Vice-chair is unable to complete the term of office, the Advisory Board shall elect a replacement to complete the term of office, taking into account paragraph 6 above.
14. The meetings of the Advisory Board shall be open to attendance, as observers, by Parties, the secretariat and observer organizations, except where otherwise decided by the Advisory Board.
15. The CTC shall support and facilitate the work of the Advisory Board of the CTCN.
16. The constitution of the Advisory Board shall be reviewed by the COP in 2020.
