The Conference of the Parties,
Recalling its decisions VII/30 and VII/33,
Recognizing the need to enhance the effectiveness of and streamline Convention processes with a view to strengthening the implementation of the Convention,
Annex III
CONSOLIDATED MODUS OPERANDI OF THE SUBSIDIARY BODY ON SCIENTIFIC, TECHNICAL AND TECHNOLOGICAL ADVICE
A. Functions
1. The functions of the Subsidiary Body on Scientific, Technical and Technological Advice are those contained in Article 25 of the Convention and the decisions of the Conference of the Parties (see appendix A for a list of functions of the Subsidiary Body). Accordingly, the Subsidiary Body on Scientific, Technical and Technological Advice will fulfil its mandate under the authority of, and in accordance with, guidance laid down by the Conference of the Parties, and upon its request.
2. Pursuant to Article 25, paragraph 3, of the Convention, the functions, terms of reference, organization and operation of the Subsidiary Body on Scientific, Technical and Technological Advice may be further elaborated, for approval by the Conference of the Parties.
B. Operating principles
3. The Subsidiary Body on Scientific, Technical and Technological Advice, in carrying out its functions, shall support the implementation of the multi-year programme of work of the Conference of the Parties and the Strategic Plan of the Convention, in a manner consistent with other internationally agreed goals relevant to the objectives of the Convention.
4. The Subsidiary Body on Scientific, Technical and Technological Advice shall endeavor to constantly improve the quality of its scientific, technical and technological advice by improving scientific, technical and technological input into, debate at, and work of, meetings of the Subsidiary Body. Strategic ways and means of improving the advice of the Subsidiary Body are included in Appendix B.
C. Rules of procedure
5. The rules of procedure for meetings of the Conference of the Parties to the Convention on Biological Diversity shall apply, mutatis mutandis, in accordance with rule 26, paragraph 5, to the proceedings of the Subsidiary Body on Scientific, Technical and Technological Advice. However, rule 18, on credentials, will not apply.
6. In accordance with rule 52, the official and working languages of the Subsidiary Body on Scientific, Technical and Technological Advice will be those of the United Nations Organization. The proceedings of the Subsidiary Body on Scientific, Technical and Technological Advice will be carried out in the working languages of the Conference of the Parties.
7. The Subsidiary Body on Scientific, Technical and Technological Advice, within the available budgetary resources for matters related to its mandate, may make requests to the Executive Secretary and utilize the clearing-house mechanism, and other appropriate means, to assist in the preparation of its meetings.
8. The Subsidiary Body on Scientific, Technical and Technological Advice may make recommendations that include options or alternatives.
9. In order to facilitate continuity in the work of the Subsidiary Body on Scientific, Technical and Technological Advice and taking into account the technical and scientific character of the input of the Subsidiary Body, the terms of office of members of its Bureau will be two meetings. At each meeting of the Subsidiary Body on Scientific, Technical and Technological Advice one of the two regional representatives shall be elected in order to achieve staggered terms of office. The members of the Bureau of the Subsidiary Body will take office at the end of the meeting at which they are elected.
10. The Chairperson of the Subsidiary Body on Scientific, Technical and Technological Advice, elected at an ordinary meeting of the Conference of the Parties, shall take office from the end of the next ordinary meeting of the Subsidiary Body on Scientific, Technical and Technological Advice and remain in office until his/her successor takes office. As a general rule the chairmanship of the Subsidiary Body shall rotate among United Nations regional groups. Candidates for the Chair of the Subsidiary Body should be recognized experts, qualified in the field of biological diversity and experienced in the process of the Convention and the Subsidiary Body on Scientific, Technical and Technological Advice.
D. Frequency and timing of meetings of the Subsidiary Body on Scientific, Technical and Technological Advice
11. The meetings of the Subsidiary Body on Scientific, Technical and Technological Advice should take place as necessary and sufficiently in advance of each regular meeting of the Conference of the Parties, for a duration to be determined by the Conference of the Parties which should not normally exceed five days. The number and length of the meetings and activities of the Subsidiary Body on Scientific, Technical and Technological Advice and its organs should be reflected in the budget adopted by the Conference of the Parties or other sources of extra budgetary funding.
E. Documentation
12. The documentation prepared for meetings will be distributed three months before the meeting in the working languages of the Subsidiary Body on Scientific, Technical and Technological Advice, will be concrete, focused draft technical reports and will include proposed conclusions and recommendations for consideration of the Subsidiary Body on Scientific, Technical and Technological Advice.
13. To assist with the peer review of documentation, the Executive Secretary may establish, in consultation with the Chairperson and the other members of the Bureau of the Subsidiary Body, a liaison group comprising a balanced range of experts qualified in fields relating to the conservation and sustainable use of biodiversity and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, and including scientific institutions and societies, as appropriate. Such liaison groups, and the way in which they interact, will depend on the resources available.
14. In preparing documentation for meetings, the Executive Secretary will establish work plans, timetables, resource requirements, and collaborators and contributors, and follow a transparent process for contributions, comments and feedback at various stages of document preparation. Technical reports prepared for the Subsidiary Body on Scientific, Technical and Technological Advice will be peerreviewed as appropriate.
F. Organization of work during the meetings
15. Each meeting of the Subsidiary Body on Scientific, Technical and Technological Advice will propose to the Conference of the Parties, in light of the programme of work for the Conference of the Parties and the Subsidiary Body, a particular theme as the focus of work for the following meeting of the Subsidiary Body.
16. Two open-ended sessional working groups of the Subsidiary Body on Scientific, Technical and Technological Advice could be established and operate simultaneously during meetings of the Subsidiary Body. They shall be established on the basis of well-defined terms of reference, and will be open to all Parties and observers. The financial implications of these arrangements should be reflected in the budget of the Convention.
G. Scientific and Technical Assessments
17. Scientific and technical assessments initiated by the Subsidiary Body on Scientific, Technical and Technological Advice shall be regionally balanced, carried out in an objective and authoritative manner, according to the terms of reference that clearly establish the mandate, duration of operation and expected outcomes, and undertaken according to the process outlined in appendix C below.
H. Ad hoc technical expert group meetings
18. A limited number of ad hoc technical expert groups on specific priority issues on the programme of work of the Conference of the Parties may be established under the guidance of the Conference of the Parties, as required, for a limited duration, to provide scientific and technical advice and assessments. The establishment of such ad hoc technical expert groups would be guided by the following elements:
(a) The ad hoc technical expert groups should draw on the existing knowledge and competence available within, and liaise with as appropriate, international, regional and national organizations, including non-governmental organizations and the scientific community, as well as indigenous and local community organizations and the private sector, in fields relevant to this Convention;
(b) The Executive Secretary, in consultation with the Bureau of the Subsidiary Body on Scientific, Technical and Technological Advice, will select scientific and technical experts from the nominations submitted by Parties for each ad hoc technical expert group. The ad hoc technical expert groups shall be composed of no more than fifteen experts nominated by Parties competent in the relevant field of expertise, with due regard to geographical representation, gender balance and to the special conditions of developing countries, in particular the least-developed and small island developing States, and countries with economies in transition, as well as a limited number of experts from relevant organizations, depending on the subject matter. The number of experts from organizations shall not exceed the number of experts nominated by Parties;
(c) The number of ad hoc technical expert groups active each year will be limited to the minimum necessary. In the establishment of such groups, Parties shall take into consideration the availability of extra-budgetary resources as determined by the Conference of the Parties;
(d) Ad hoc technical expert groups will be encouraged to use innovative means of communication and to minimize the need for face-to-face meetings;
(e) Reports produced by the ad hoc technical expert groups should, as a general rule, be submitted for peer review;
(f) All efforts will be made to provide adequate voluntary financial assistance for the participation of experts, in the ad hoc technical expert groups, from developing countries and countries with economies in transition Parties.
I. Contribution of non-governmental organizations
19. The scientific and technical contribution of non-governmental organizations to the fulfilment of the mandate of the Subsidiary Body will be strongly encouraged in accordance with the relevant provisions of the Convention and the rules of procedure for meetings of the Conference of the Parties.
J. Cooperation with other relevant bodies
20. The Subsidiary Body on Scientific, Technical and Technological Advice shall cooperate with other relevant international, regional and national organizations, under the guidance of the Conference of the Parties, thus building upon the vast experience and knowledge available. To facilitate such cooperation, the Bureau of the Subsidiary Body may hold meetings with equivalent bodies of other relevant biodiversity-related conventions, institutions and processes. In addition, the Chair of the Subsidiary Body, or other member of the Bureau authorized by the Chair, may represent the Subsidiary Body at meetings of the scientific bodies of such groups.
K. Regional and subregional preparatory meetings
21. Regional and subregional meetings for the preparation of regular meetings of the Subsidiary Body on Scientific, Technical and Technological Advice may be organized, as appropriate, for specific items. The possibility of combining such meetings with other scientific regional meetings, in order to make maximum use of available resources, should be considered. The convening of such regional and subregional meetings will be subject to the availability of voluntary financial contributions.
22. The Subsidiary Body on Scientific, Technical and Technological Advice should, in the fulfilment of its mandate, draw upon the contributions of the existing regional and subregional intergovernmental organizations or initiatives.
L. Focal points
23. A list of focal points and focal persons to the Subsidiary Body on Scientific, Technical and Technological Advice shall be established and regularly updated by the Executive Secretary, on the basis of information provided by Parties and other relevant regional, subregional and intergovernmental organizations.
24. Although the specific responsibilities of focal points to the Subsidiary Body on Scientific, Technical and Technological Advice will be determined by Parties, such focal points act as liaisons with the Secretariat on behalf of their Parties with regard to scientific, technical and technological matters related to the Convention and, in doing so, they may undertake the following tasks:
(a) Developing linkages, and facilitating information exchange, between the Subsidiary Body on Scientific, Technical and Technological Advice and relevant regional and national agencies and experts;
(b) Responding to requests for input from the Conference of the Parties and the Secretariat related to scientific, technical and technological issues;
(c) Communicating and collaborating with focal points for the Subsidiary Body on Scientific, Technical and Technological Advice in other countries to improve the effectiveness of the Subsidiary Body and to facilitate implementation of the Convention;
(d) Collaborating with other national-level focal points for the Convention on Biological Diversity and focal points from other biodiversity-related conventions to facilitate implementation of the Convention at the national level.
