Report Of The Conference Of The Parties On The Work Of Its First Meeting

Distr.
GENERAL

UNEP/OzL.Conv.1/5
28 April 1989

ORIGINAL: ENGLISH

1. The first meeting of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone layer was held in Helsinki at the kind invitation of the Government of Finland from 26 to 28 April 1989 in accordance with Article 6 of the Vienna Convention for the Protection of the Ozone layer.

2. The meeting was opened by Dr. M.K. Tolba, the Executive Director of UNEP. In his opening statement the Executive Director thanked the Government of Finland for hosting the meeting, and stated the objectives of this meeting. The Executive Director indicated that 43 countries and the EEC had ratified the Convention which had come into force on 22 September 1988. At the "Saving the Ozone" Conference in London in March 1989 there had been unanimous agreement among 123 countries on the urgent need to halt the destruction of stratospheric ozone. In London 20 more countries had signalled their intention to adopt both the Vienna Convention and its Montreal Protocol in the near future and 12 others had indicated that they would give serious consideration to such adoption. Dr. Tolba further indicated that scientific research had confirmed the link between ozone depletion, climate change and global warming. He also stressed the likely changes in sea levels and the draught and flooding that might occur and the fact that the worlds poorest nations would be the least able to adjust to a deteriorating environment.

3. Mr. Pertti Paasio, Minister of Foreign Affairs, Finland, welcomed the participants in the Conference and congratulated UNEP on its achievements in protecting the ozone layer. Minister Paasio emphasized that ozone layer depletion was one of the most compelling threats to humanity and warned that Finland was faced with serious consequences due to stratospheric ozone loss, because of its proximity to the Arctic. For Southern countries, ozone destruction would mean starvation and death for the world's poor because of crop damage. Minister Paasio stated that the target of the Montreal Protocol was inadequate, and urged governments to commit themselves to the total phasing-out of CFCs by the turn of the century. He said that Finland was commited to a 50% reduction by 1993, and the total phasing-out by 1998. The Minister further urged the world community to assist developing countries in the phasing-out of CFCs. He stressed the need for the development of environmentally benign technologies, better training and maintenance and more recycling, and concerted international action to improve technology transfers, patent and license provisions, export guarantees and soft loans. The Minister emphasized that ozone loss was connected to greenhouse gases, and concluded by calling on all countries to live up to the International Development Strategy adopted in 1980 by the General Assembly of the United Nations.

4. The meeting was attended by delegations from 31 countries, Parties to the Vienna Convention; Australia, Austria, Belgium, Burkina Faso, Byelorussian SSR, Canada, Denmark, Egypt, Finland, France, German Democratic Republic, Federal Republic of Germany, Hungary, Italy, Japan, Kenya, Luxembourg, Maldives, Malta, Mexico, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Union of Soviet Socialist Republic, United States of America, United Kingdom of Great Britain and Northern Ireland, Venezuela, and the EEC. Representatives from 32 countries attended as observers: Argentina, Bangladesh, Botswana, Brazil, Bulgaria, Chile, China, Colombia, Congo, Ethiopia, Ghana, Guyana, India, Indonesia, Iraq, Jordan, Democratic People's Republic of Korea, Republic of Korea, Malawi, Malaysia, Monaco, Philippines, Rumania, Rwanda, Senegal, Seychelles, Thailand, Togo, Trinidad and Tobago, Turkey, Yugoslavia and Zambia. 17 organizations were represented: United Nations Development Programme, World Meteorological Organization, United Nations Office of Legal Affairs, International Maritime Organization, United Nations Industrial Development Organization, Nordic Council of Ministers, Alliance for Responsible CFC-Policy, European Federation of the Chemical Industry, Cosmetics and Detergent Industry Association, Finnish Aerosol Association, Finnish Centre for Radiation and Nuclear Safety, Finnish Refrigeration Enterprises Association, Friends of the Earth, General Industry Group, Greenpeace, International Chamber of Commerce and Natural Resources Defence Council.

5. The Conference adopted the following agenda:

1. Opening of the meeting:

   (a) Statement by the representative of the Government of Finland;

   (b) Statement by the Executive Director of UNEP;

2. Adoption of the agenda.

3. Organizational matters:

   (a) Adoption of the rules of procedure;

   (b) Election of the President, two Vice-presidents and the Rapporteur;

   (c) Adoption of the financial rules:

   (i) Budget;

   (ii) Assessment of contributions by Parties;

   (iii) Mechanism for administering resources;

   (d) Appointment of the Secretariat of the Convention.

4. Consideration of the report of the interim Secretariat on the provisions of the Convention regarding:

   (a) Transmission of information;

   (b) Harmonization of appropriate policies, strategies and measures for minimizing the release of the substances that deplete the ozone layer;

   (c) Further programmes of research, systematic observation, scientific and technological co-operation, exchange of information and transfer of technology and knowledge;

   (d) Consideration of the arbitration procedures in accordance with Article 11, paragraph 3 (a).

5. Consideration of the annexes to the Convention.

6. Other matters.

7. Adoption of the report.

8. Closure of the meeting.

6. Simultaneously with the meeting of the Conference a Legal Drafting Group reviewed the procedures of arbritration and proposed a revised version.

7. The Executive Director of UNEP presented the draft rules of procedure (UNEP/OzL.Conv.1/3), which were adopted as reflected in UNEP/OzL.Conv.1/3/Rev.1 (attached as Annex I to this report) as amended by the Conference, and with the following comments:

8. While adopting rule 3 of the rules of procedure the Executive Director of UNEP explained that the date and venue of a meeting would have to be decided upon by the previous meeting. It is common practice that unless another venue of the meeting is proposed the meeting will be held at the seat of the Secretariat wherever this might be.

9. While adopting rule 58 of the rules of procedure it was explained that according to Article 6, paragraph 2 of the Convention the Parties shall by consensus agree upon and adopt rules of procedure, which would presumably be applied to their amendments. On the other hand, the procedure for amendments of the Convention provide that if consensus cannot be reached, such amendments shall be adopted by a three-fourth majority vote of the Parties present and voting.

10. Following the adoption of the rules of procedure,the Conference elected the following Bureau of the Conference with acclamation:

President:
Mr. Kaj Bärlund, Minister of the Environment, Finland

Vice-Presidents:
Amb. Mr. Wataru Miyakawa, Japan
Ms. Imeria de Odreman, Venezuela
Prof. Vladimir Zaharov, USSR

Rapporteur:
Amb. Keziah Kinyanjui, Kenya

11. The Executive Director introduced his report to the Conference.

12. In introducing the report he drew attention specifically to the proposals under transmission of information and harmonization of strategies and policies. With regard to research, observation, scientific and technological cooperation, exchange of information, and transfer of technology and knowledge, the Executive Director stressed the importance of addressing two points: (i) coordination of ongoing national and international activities related to ozone and (ii) financing of research and monitoring activities that the Conference would decide to give priority to. As to the arbitration procedure he suggested that after a general exchange of views a working group of legal experts should be established under the chairmanship of Amb. W.Lang (Austria); this working group will report the outcome of its work to the Plenary. The working group was subsequently established by the Conference composed of lawyers from various delegations and open-ended.

13. A representative of the World Meteorological Organization reported on the recent status of ozone research and systematic observations. He noted that WMO guided and assisted the Global Ozone Observing System (GOOS) comprising more than 180 stations in nearly 60 member countries.

14. He said that related research had confirmed the existence of significant total ozone decline over the northern hemisphere of close to 3 percent since 1969.

15. Recommendations were made for improvement of GOOS to ensure a continuous and reliable flow of information essential for assessing the state of the ozone layer, intensifying ozone-related research needs and for clarifying the mechanism for Antarctic springtime ozone destruction. Several delegations spoke in favour of strengthening GOOS and of the need for an intensified long-term commitment to monitoring and research. The need for financial commitment consistent with this requirement was also noted.

16. One delegate confirmed that national observations had identified an ozone loss of 0.6 percent per year and that temperatures in the middle and upper stratosphere had fallen between 0.6oC and 2.1oC over the past ten years consistent with ozone loss and greenhouse gas accumulation.

17. Another delegate reported on recent climatic events in his country which had resulted in significant economic loss in the agricultural and forestry sectors and damage to fresh water delivery systems in his country.

18. The WMO representative also reported on the outcome of the recently convened WMO/UNEP scientific meeting in the USSR, held to discuss the current understanding of Polar Ozone, trends in ozone concentrations and theoretical predictions of ozone layer modification.

19. The meeting attended by scientists from ten developed countries (USA, Western and Eastern Europe and Japan) and developing countries (China and Egypt) had for the most part reached a common understanding of the processes which control atmospheric ozone.

20. With regard to ozone trends, observations by Soviet scientists of ozone loss in upper mid-latitudes and polar regions were consistent with observations made by Western scientists.

21. There were minor variations in the understanding of theoretical predictions of future ozone concentrations among the various participants relating to difference in model constructions and operation.

22. Several delegations, who had been represented in the Moscow meeting confirmed the report given by WMO as accurate. They stressed the success of the meeting and the value of convening similar meetings in the future.

23. One delegate stated that methyl chloroform, which is not at present covered by the Montreal Protocol, might have increased effects on the depletion of the ozone layer.

24. In response to the Executive Director's report to the first meeting of Parties to the Vienna Convention for the Protection of the Ozone Layer delegates made the following recommendations:

(a) Organize a meeting of national ozone science managers to establish a programme of research needs and to coordinate research activities. WMO and UNEP should cooperate in setting up such a meeting under the Bureau for the Vienna Convention. Such meetings should be convened every two years. The view was also expressed that such meetings could be convened yearly if deemed necessary;

(b) Additional support is needed for the Global Ozone observing System. A long/term commitment to this programme should be made including the provision of adequate financial resources. Special attention should be paid to the Polar regions;

(c) Monitoring of the trace gases in the troposphere should be undertaken, together with research into their interactions;

(d) There is a need for research into and monitoring of ultraviolet radiation at the surface of the earth, the relationship between ozone layer modification and UV-B change, and into the health and biological effects of UV-B change. An integrated global research programme on effects should be initiated;

(e) There should be increased research on the atmospheric impact of CFCs and their potential substitutes;

(f) In developing the coordination mechanism for ozone related monitoring and research account should be taken of the work of existing coordination mechanism such as that operated by the EEC and EFTA through a task force created for that purpose;

(g) Review the role of the Coordinating Committee on the Ozone Layer and determine how it might be used to assist the Convention and protocol processes;

(h) To request the Governing Council of UNEP to consider the role of CCOL in light of the newly established bodies;

(i) There is a need to stimulate interest in ozone related issues in developing countries to undertake regional workshops: identify relevant research institutes and scientists working on the ozone issue in the developing countries so that they may play a fuller part in the programme. Institutions in the developed countries able to support such activities should also be identified;

(j) Need to specify the roles to be played by WMO, the CCOL, and the Vienna Convention Secretariat respectively in implementing programmes on ozone science;

(k) The Bureau should be convened in intersessional meetings in order to coordinate national research activities. Proposals for an appropriate coordinating mechanism needs to be made including the financial implications of such a mechanism. The view was expressed that the Bureau may invite, when necessary, interested parties, particularly from developing countries, to participate in its discussions;

(l) The impact of UV incidence on important food crops in developing countries need investigation particularly as the projected UV change in tropical areas will be large even for small ozone changes;

(m) Research into genetically UV resistant crops should be accelerated;

(n) Research needs and scientific uncertainty is not an excuse for delaying the implementation of stronger control measures than currently specified in the Montreal Protocol;

(o) There should be more scientific meetings of the type recently organized by UNEP and WMO in the USSR in order to better understand the issues and obtain consensus on such scientific understanding;

(p) Existing coordinating mechanisms should not be undermined. WMO should maintain its responsibility for monitoring, scientific research and technical cooperation and additional funds should be allocated to facilitate this.

25. The Conference adopted the arbitration procedures, as revised by the legal working group under the chairmanship of Amb. W. Lang, (Austria) with the following clarifications:

26. One delegation stated that confidential data provided under article 7 of the Montreal Protocol would be made available to the parties to the dispute pursuant to article 7, where necessary, to resolve the dispute.

27. It was further clarified by the chairman of the legal working group that the term "members" in article 11 of the arbitration procedure means members of the tribunal and does not mean present and voting. As a consequence of this a decision can always be rendered if two members are present.

28. It is further understood that article 12 of the arbitration procedure aims at preventing a party from blocking the procedure by not being present. Absence due to force majeure should be taken into account by the tribunal itself.

29. The arbitration procedure is attached as Annex II to this report.

30. It was decided that the second meeting of the Contracting Parties will be held in April 1991. The venue of the Conference will be decided later on the basis of Secretariat consultations with Governments the results of which will be presented to the bureau of the Conference.

31. Delegations agreed that the annexes were generally satisfactory, providing an adequate menu for the tasks that needed to be addressed.

32. The representative of WMO again urged the need to extend systematic observations into tropical countries and the southern hemisphere.

33. Another delegate referred to scientific opinion expressed previously at the UNEP science meeting, convened at The Hague in October 1988 and at the London Conference on Saving the ozone layer in March 1989, regarding the need to strengthen the control measures currently contained in the Montreal Protocol in order to stabilize the ozone layer. He also noted the opinion of scientists at the WMO/UNEP Ozone Science meeting in Moscow in April 1989 regarding the need to examine more closely, the role of potential ozone layer depleting substances other than those controlled under the Protocol, the detailed examination of the role of the bromine containing Halons and the partially halogenated compounds as well as the need to control the emissions of methyl chloroform whose production is currently increasing by 6-8 per cent per year which could result in catastrophic ozone loss, calculated under certain conditions to exceed 30 per cent.

34. With regard to the item 3(d) of the agenda all delegations considered UNEP the appropriate body to act as the Secretariat to the Vienna Convention. The representative of WMO said that in approving that UNEP establish the Secretariat for the Convention and Protocol the Conference of the Parties to the Convention should reconfirm the responsibility of WMO for the international coordination of atmospheric science and systematic observations in support of the Convention. The parties acknowledged this role of WMO.

35. The Conference agreed that the Secretariat should be financed through a trust fund established for that purpose and that contributions by the parties which would be voluntary, should be based on the formula agreed upon by the parties to apportion contributions. The formula is a modified pattern of the contributions to the United Nations. They also agreed that contributions of less than 0.1 per cent of the total budget would be waived. Such waiver should not exclude the making of voluntary contributions to the trust Fund by Parties concerned.

36. The delegate for the EEC stated that according to the customary procedures within the European Community, the Community's financial participation in the Vienna Convention for the protection of the Ozone Layer and in the Montreal Protocol on substances that deplete the Ozone Layer may not involve the Community in expenditure other than administrative costs which may not exceed 2.5 per cent of the total administrative costs.

37. One delegation stated that according to their financial system payment of their contribution for the year 1990 may not be possible by the end of this year.

38. The Conference considered in detail the various aspects of the proposed budget as it appeared in Annex I to document UNEP/OzL.Conv.1/4 on the financial implications and arrangements. The Conference adopted the proposed budget as it now appears in Annex IV to this report by consensus.

39. The first meeting of the Parties to the Vienna Convention on the Protection of the Ozone Layer decided:

1. To adopt, taking into account the explanations given during the meeting, the rules of procedures for the meetings of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone Layer in Annex I of this report.

2. That each Contracting Party shall submit to the Secretariat of the Convention every two years after the entry into force of the Convention a summary of the measures adopted by the Party for the implementation of the Convention. In accordance with paragraph 5 of Annex II of the Convention, the biennial reporting shall include the socio-economic and commercial information on the substances referred to in Annex I. To this end the Secretariat shall prepare a format for reporting and shall ensure any required confidentiality of the information supplied to it.
3. (a) That the Vienna Convention is the most appropriate instrument for harmonizing the policies and strategies on research; and

   (b) That the Montreal Protocol is the appropriate instrument for achieving the harmonization of policies, strategies and measures for minimizing the release of substances causing or likely to cause modifications of the ozone layer.

4. That the following activities shall be given priority in the research, observations and transfer of technology:

   (a) The atmospheric impact of potential substitutes for the controlled substances particularly with regard to their likely ozone depletion potential and their greenhouse warming potential;

   (b) Monitoring of the rarer trace gases in the troposphere and research on their interactions;

   (c) The Global Ozone Observing System should be expanded particularly in the tropics and in the Southern hemisphere. Special attention must be paid to ozone monitoring in Polar regions. Nations should make a long-term commitment to such monitoring programmes including making sufficient resources available appropriate to the effective operation;

   (d) Research on the human health and biological implications of ultraviolet radiation changes at the earth's surface. Particular attention must be given to the impact on food production in the developing world and to development of crop varieties resistent to higher levels of ultraviolet radiation;

   (e) Research into the effects on the atmosphere of potential ozone layer depleting gases, other than the controlled substances, for example methyl chloroform;

   (f) Studies on the social and economic effects of ozone depletion.

5. To co-operate to ensure the enhancement of the capability of developing countries to contribute to ozone science research. This may be facilitated through the organization of workshops and the identification of institutes in developed countries which can co-operate with appropriate scientific institutions in the developing countries. The identification of financial institutions who might assist the development of an improved scientific capability in developing countries should also be undertaken.

6. (a) To establish the following co-ordination bodies as subsidiary bodies of the Conference of the Parties under Article para.4(i) of the Vienna Convention:

   (i) The Bureau of the Conference of the Parties composed of the officers elected by the Conference; The terms of reference of the Bureau shall be to facilitate the implementation, as appropriate, on behalf of the Parties, of the relevant subparagraphs of paragraph 4 of Article 6 of the Convention, particularly, - review the scientific information on the ozone layer, on its possible modification and on possible effects of any such modifications; - consider, in accordance with articles 3 and 4, programmes for research, systematic observations, scientific and technological co-operation, the exchange of information and the transfer of technology and knowledge and prepare a draft agenda for such activities for consideration by the Parties at their following Conference with estimates of the costs required for the implementation of the proposed activities; - consider other topics on the Agenda of the next Conference of the Parties, and review the documents prepared by the Secretariat for the Conference to facilitate the work of the Conference.

   The Bureau of the Conference of the Parties is to hold maximum two meetings between two sessions of the Conference of the Parties one of them in conjunction with the Research Managers' Meeting referred to in the next section.

   The cost of the meeting of the Bureau is to be covered within the budget of the Convention;

   (ii) A Meeting composed of: (a) government atmospheric Research Managers and (b) government Research Managers of research related to health and environmental effects of ozone modifications.

   Such a Meeting shall review ongoing national and international research and monitoring programmes to ensure proper co-ordination of these programmes and identify gaps that need to be addressed.

   The Meeting shall be held every 2 years (6 months prior to the meeting of the Parties) jointly with a meeting of the Bureau.

   The Meeting should produce a report including recommendations for future research and expanded cooperation between researchers in developed and developing countries for presentation to the following meeting of the Parties to the Convention.

   It is assumed that the Research Managers from developed countries will cover their own expenses and that the Secretariat budget will cover only participation of no more than ten Research Managers from developing countries.

   (b) The Secretariat of the Convention in co-operation with UNEP and WMO shall prepare for the joint meeting of the Bureau and the group of the Research Managers. The joint meeting shall take place in conjunction with a meeting of the WMO Executive Council Panel on Environmental Pollution, Monitoring and Research.

7. Adopt, in accordance with Article 11, para. 3 (a), of the Vienna Convention, the Arbitration Procedure in Annex II to tis report.

8. To designate UNEP as the Secretariat of the Convention.

   Financial Arrangements:

9. (a) To establish a United Nations Trust Fund in accordance with the Financial Regulations and Rules of the United Nations and in accordance with the General Procedures governing operations of the Fund of the United Nations Environment Programme;

   (b) The Convention Trust Fund shall be administered by the Executive Director of UNEP and shall finance expenditures approved by the Parties and shall receive the contributions of Parties to the Convention;

   (c) To that end the Conference requests the Executive Director to secure the necessary consents of the Secretary General of the United Nations and the Governing Council of UNEP;

   (d) To adopt the terms of reference of the Trust Fund in Annex III of this report;

   (e) The contributions of the Parties shall be in the form of voluntary contributions according to the formula in Annex V of this report;

   (f) The Conference calls on all Parties to pay their contributions to the Trust Fund in advance of the period to which they relate;

   (g) To approve a total budget of US$ 790,000 for the biennium 1990-1991, the details of the approved budget are presented in Annex IV.

10. The States non-Parties and the non-contributing Parties to the Trust Fund are encouraged to make voluntary contributions to the Trust Fund.

40. The delegation of Argentina made the following statement, and requested that it should be reflected in the report of this meeting:

"The Argentine Republic rejects the ratification of the Vienna Convention and the Montreal Protocol by the United Kingdom of Great Britain and Northern Ireland, on 15 May 1987 and 16 December 1988 respectively, on behalf of the Malvinas, South Georgia and the South Sandwich Islands, which are an integral part of its national territory. The Argentine Republic reaffirms its rights to sovereignty over the Malvinas, South Georgia and the South Sandwich Islands, which are an integral part of its national territory.

The General Assembly of the United Nations has adopted resolutions 2065(XX), 3160(XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25 recognizing the existence of a dispute of sovereignty with respect to the Malvinas and calling on the Governments of Argentina and the United Kingdom of Great Britain and Northern Ireland to enter into negotiations with a view to finding a peaceful and final solution to the problems existing between the two countries including all aspects concerning the future of the Malvinas, in accordance with the Charter of the United Nations.

The Argentine Republic also rejects the inclusion of the so-called "British Antarctic Territory" by the United Kingdom of Great Britain and Northern Ireland, and reaffirms its rights to sovereignty over the Argentine Antarctic sector between the meridians of 25o and 74o longitude West and the parallel of 60olatitude South."

41. The delegation of the United Kingdom of Great Britain and Northern Ireland made the following statement, and requested that it should be reflected in the report of this meeting:

"The United Kingdom refers to the statement of the Argentine delegation earlier today regarding the United Kingdom's ratification of the Vienna Convention and the Montreal Protocol. It does not consider that the present forum is the proper place to raise political issues such as those set out in the Argentine statement.

The Falkland Islands, South Georgia and the South Sandwich Islands are British dependent territories and the British Government has no doubt about its sovereignty over them.

The Falkland islanders have consistently expressed their determined wish to retain British sovereignty and administration. Calls by the Argentine Government at the United Nations for negotiations on the future of the Falkland Islands have been a mere euphemism for transfer of sovereignty to Argentina irrespective of the wishes of the islanders.

In addition, the British Government has no doubt as to the sovereignty of the United Kingdom over the British Antarctic territory, and in this context it refers to Article 4 of the Antarctic Treaty to which both the Argentine and British Government are Parties. Article 4 of that Treaty freezes claims to Antarctic territory south of 60 degrees South latitude."

42. In accordance with the Rules of Procedure the Bureau examined the credentials. The President of the Bureau introduced the report on the credentials, which were found by the Bureau to be in order.

43. The Conference adopted this report.

44. After the exchange of courtesies the President declared the Conference closed at 8:45 p.m.

These rules of procedure shall apply to any meeting of the Conference of the Parties to the Vienna Convention for the Protection of the OzoneLayer convened in accordance with article 6 of the Convention.

For the purposes of these rules:

1. "Convention" means the Vienna Convention for the Protection of the Ozone Layer, adopted on 22 March 1985;

2. "Parties" means, unless the text otherwise indicates, Parties to the Convention.

3. "Conference of the Parties" means the Conference of the Parties established in accordance with article 6 of the Convention;

4. "Regional economic integration organization" means an organization defined in article 1, paragraph 6, of the Convention;

5. "President" means the President elected in accordance with rule 21, paragraph 1, of the present rules of procedure;

6. "Secretariat" means the international organization designated as Secretariat of the Convention by the Conference of the Parties in accordance with article 7, paragraph 2, of the Convention;

7. "Meeting" means any ordinary or extraordinary meeting of the Conference of the Parties.

The meetings of the Conference of the Parties shall take place at the seat of the Secretariat, unless other appropriate arrangements are made by the Secretariat in consultation with the Parties.

1. Ordinary meetings of the Conference of the Parties shall be held once every two years, unless the Parties decide otherwise.

2. At each ordinary meeting, the Conference shall fix the opening date and duration of its next ordinary meeting.

3. Extraordinary meetings of the Conference of the Parties shall be convened at such times as may be deemed necessary by the Conference of the Parties or at the written request of any Party, provided that, within six months of the request being communicated to them by the Secretariat, it is supported by at least one third of the Parties.

4. In the case of an extraordinary meeting convened at the written request of a Party, it shall be convened not more than ninety days after the date at which the request is supported by at least one third of the Parties in accordance with paragraph 3 of this rule.

The Secretariat shall notify all Parties of the dates and venue of meetings at least two months before the meeting.

1. The Secretariat shall notify the United Nations and its specialized agencies, the International Atomic Energy Agency and any State not party to the Convention of any meeting so that they may be represented by observers.

2. Such observers may, upon invitation of the President, and if there is no objection from the Parties present, participate without the right to vote in the proceedings of any meeting in matters of direct concern to the organizations and States they represent.

1. The Secretariat shall notify any body or agency, whether national or international, governmental or non-governmental, qualified in fields relating to the protection of the ozone layer which has informed the Secretariat of its wish to be represented, of any meeting so that they may be represented by observers, subject to the condition that their admission to the meeting is not objected to by at least one third of the Parties present at the meeting.

2. Such observers may, upon invitation of the President, and if there is no objection from the Parties present, participate without the right to vote in the proceedings of any meeting in matters of direct concern to the body or agency they represent.

In agreement with the President, the Secretariat shall prepare the provisional agenda of each meeting.

The provisional agenda of each ordinary meeting shall include:

1. Items specified in article 6 of the Convention;

2. Items the inclusion of which has been decided at a previous meeting;

3. Items referred to in rule 15 of the present rules of procedure;

4. Any item proposed by a Party before the agenda is circulated;

5. The provisional budget as well as all questions pertaining to the accounts and financial arrangements.

The provisional agenda, together with supporting documents, for each ordinary meeting shall be distributed by the Secretariat to the Parties at least two months before the opening of the meeting.

The Secretariat shall, with the agreement of the President, include any question suitable for the agenda that may arise between the dispatch of the provisional agenda and the opening of the meeting in a supplement to the provisional agenda, which the meeting shall examine together with the provisional agenda.

The meeting when adopting the agenda may add, delete, defer or amend items. Only items which are considered by the meeting to be urgent and important may be added to the agenda.

The provisional agenda for an extraordinary meeting shall consist only of those items proposed for consideration in the request for the holding of the extraordinary meeting. It shall be distributed to the Parties at the same time as the invitation to the extraordinary meeting.

The Secretariat shall report to the meeting on the administrative and financial implications of all substantive agenda items submitted to the meeting, before they are considered by it. Unless the meeting decides otherwise, no such item shall be considered until at least forty-eight hours after it has received the Secretariat's report on the administrative and financial implications.

Any item of the agenda of an ordinary meeting, consideration of which has not been completed at the meeting, shall be included automatically in the agenda of the next ordinary meeting, unless otherwise decided by the Conference of the Parties.

Each Party participating in the meeting shall be represented by a delegation consisting of a head of delegation and such other accredited representatives, alternate representatives and advisers as may be required.

An alternate representative or an adviser may act as a representative upon designation by the head of delegation.

The credentials of representatives and the names of alternate representatives and advisers shall be submitted to the Executive Secretary of the meeting if possible not later than twenty-four hours after the opening of the meeting. Any later change in the composition of the delegation shall also be submitted to the Executive Secretary. The credentials shall be issued either by the Head of State or Government or by the Minister of Foreign Affairs or, in the case of a regional economic integration organization, by the competent authority of that organization.

The officers of any meeting shall examine the credentials and submit their report to the meeting. Rule 20 Pending a decision of the meeting upon their credentials representatives shall be entitled to participate provisionally in the meeting.

1. At the commencement of the first session of each ordinary meeting, a President, three Vice-Presidents and a Rapporteur are to be elected from among the representatives of the Parties present at the meeting. They will serve as the officers of the meeting.

2. The President, three Vice-Presidents and the Rapporteur elected at an ordinary meeting shall remain in office until their successors are elected at the next ordinary meeting and shall serve in that capacity at any intervening extraordinary meetings. On occasion, one or more of these officers may be re-elected for one further consecutive term.

3. The President shall participate in the meeting in that capacity and shall not at the same time exercise the rights of a representative of a Party. In such a case, the President or the Party concerned shall designate another representative who shall be entitled to represent the Party in the meeting and to exercise the right to vote.

1. In addition to exercising the powers conferred upon him elsewhere by these rules, the President shall declare the opening and closing of the meeting, preside at the sessions of the meeting, ensure the observance of these rules, accord the right to speak, put questions to the vote and announce decisions. The President shall rule on points of order and, subject to these rules, shall have complete control of the proceedings and over the maintenance of order thereat. The President may propose to the Conference of the Parties the closure of the list of speakers, a limitation on the time to be allowed to speakers and on the number of times each representative may speak on a question, the adjournment or the closure of the debate and the suspension or the adjournment of a session.

2. The President, in the exercise of his functions, remains under the authority of the Conference of the Parties.

1. If the President is temporarily absent from a session or any part thereof, he shall designate a Vice-President to act as President.

2. If the President resigns or is otherwise unable to complete his term of office or to perform his functions, a new President shall be elected from the representatives of the Parties.

If an officer other than the President resigns or is otherwise unable to complete his term of office or to perform his functions, a representative of the same Party shall be named by the Party concerned to replace him for the remainder of his mandate.

At the first session of each ordinary meeting, the President of the previous ordinary meeting, or in his absence, a Vice-President, shall preside until the meeting has elected a President for the meeting.

1. The meeting may establish such committees or working groups as may be required for the transaction of its business.

2. The meeting may decide that such committees or working groups may meet in the period between ordinary meetings.

3. Unless otherwise decided by the meeting, the chairman for each such committee or working group shall be elected by the meeting. The meeting shall determine the matters to be considered by each such committee or working group and may authorize the President, upon the request of the chairman of a committee or working group, to adjust the allocation of work.

4. Without prejudice to paragraph 3 of this rule, each committee or working group shall elect its own officers.

5. A majority of the Parties designated by the meeting to take part in the committee or working group shall constitute a quorum, but in the event of the committee or the working group being open-ended one quarter of the Parties shall constitute a quorum.

6. Unless otherwise decided by the meeting, these rules shall apply mutatis mutandis to the proceedings of committees and working groups, except that:

   (a) The chairman of a committee or working group may exercise the right to vote; and

   (b) Decisions of committees or working groups shall be taken by a majority of the Parties present and voting, except that the reconsideration of a proposal or of an amendment to a proposal shall require the majority established by rule 38.

1. The head of the international organization designated as Secretariat of the convention shall be the Secretary-General of any meeting. He may delegate his functions to a member of the Secretariat. He, or his representative, shall act in that capacity in all sessions of the meeting and in all sessions of committees or working groups of the meeting.

2. The Secretary-General shall appoint an Executive Secretary of the meeting and shall provide and direct the staff required by the meeting and the committees or working groups of the meeting.

The Secretariat shall, in accordance with these rules:

(a) Arrange for interpretation at the meeting;

(b) Receive, translate, reproduce and distribute the documents of the meeting;

(c) Publish and circulate the official documents of the meeting;

(d) Make and arrange for keeping of sound recordings of the meeting;

(e) Arrange for the custody and preservation of the documents of the meeting in the archives of the international organization designated as secretariat of the convention;

(f) Generally perform all other work that the meeting may require.

Sessions of the meeting, and of committees and working groups established by the meeting shall be held in private, unless the meeting otherwise decides.

The President may declare a session of the meeting open, permit the debate to proceed and have any decision taken when representatives of at least two thirds of the Parties are present.

1. No one may speak at a session of the meeting without having previously obtained the permission of the President. Without prejudice to rules 32, 33, 34 and 36, the President shall call upon speakers in the order in which they signify their desire to speak. The Secretariat shall be in charge of drawing up a list of such speakers. The President may call a speaker to order if his remarks are not relevant to the subject under discussion.

2. The meeting may, on a proposal from the President, or from any Party, limit the time allowed to each speaker and the number of times each representative may speak on a question. Before a decision is taken, two representatives may speak in favour of and two against a proposal to set such limits. When the debate is limited and a speaker exceeds the allotted time, the President shall call him to order without delay.

The chairman or rapporteur of a committee or working group may be accorded precedence for the purpose of explaining the conclusions arrived at by his committee or working group.

During the discussion of any matter, a representative may at any time raise a point of order which shall be decided immediately by the President in accordance with these rules. A representative may appeal against the ruling of the President. The appeal shall be put to the vote immediately and the ruling shall stand unless overruled by a majority of the Parties present and voting. A representative may not, in raising a point of order, speak on the substance of the matter under discussion.

Any motion calling for a decision on the competence of the meeting to discuss any matter or to adopt a proposal or an amendment to a proposal submitted to it shall be put to the vote before the matter is discussed or a vote is taken on the proposal or amendment in question.

1. Without prejudice to paragraph 2 of this rule, proposals and amendments to proposals shall normally be introduced in writing by the Parties and handed to the Secretariat, which shall circulate copies to delegations. As a general rule, no proposal shall be discussed or put to the vote at any session unless copies of it have been circulated to delegations not later than the day preceding the session. The President may, however, permit the discussion and consideration of amendments to proposals or of procedural motions even though these amendments or motions have not been circulated or have been circulated only the same day.

2. Proposals of amendments to the Convention, including its annexes, and of additional annexes to the Convention shall be communicated to the Parties by the Secretariat at least six months before the meeting at which they are proposed for adoption.

1. Subject to rule 33, the following motions shall have precedence, in the order indicated below, over all other proposals or motions:

   (a) To suspend a session;

   (b) To adjourn a session;

   (c) To adjourn the debate on the question under discussion; and

   (d) For the closure of the debate on the question under discussion.

2. Permission to speak on a motion falling within (a) to (d) above shall be granted only to the proposer and, in addition, to one speaker in favour of and two against the motion, after which it shall be put immediately to the vote.

A proposal or motion may be withdrawn by its proposer at any time before voting on it has begun, provided that the motion has not been amended. A proposal or motion withdrawn may be reintroduced by any other Party.

When a proposal has been adopted or rejected, it may not be reconsidered at the same meeting, unless the meeting, by a two-thirds majority of the Parties present and voting, decides in favour of reconsideration. Permission to speak on a motion to reconsider shall be accorded only to the mover and one other supporter, after which it shall be put immediately to the vote.

1. Except as provided for in paragraph 2 of this rule, each Party shall have one vote.

2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States which are Parties. Such organizations shall not exercise their right to vote if their member States exercise theirs, and vice versa.

1. Unless otherwise provided by the Convention, decisions of a meeting on all matters of substance shall be taken by a two-thirds majority vote of the Parties present and voting, except as otherwise provided in the Terms of Reference for the administration of the Trust Fund.

2. Decisions of a meeting on matters of procedure shall be taken by a simple majority vote of the Parties present and voting.

3. If the question arises whether a matter is one of procedural or substantive nature, the President shall rule on the question. An appeal against this ruling shall be put to the vote immediately and the President's ruling shall stand unless overruled by a majority of the Parties present and voting.

4. If on matters other than elections a vote is equally divided, a second vote shall be taken. If this vote is also equally divided, the proposal shall be regarded as rejected.

5. For the purposes of these rules, the phrase "Parties present and voting" means Parties present at the session at which voting takes place and casting an affirmative or negative vote. Parties abstaining from voting shall be considered as not voting.

If two or more proposals relate to the same question, the meeting, unless it decides otherwise, shall vote on the proposals in the order in which they have been submitted. The meeting may, after each vote on a proposal, decide whether to vote on the next proposal.

Any representative may request that any parts of a proposal or of an amendment to a proposal be voted on separately. If objection is made to the request for division, the President shall permit two representatives to speak, one in favour of and the other against the motion, after which it shall be put immediately to the vote.

If the motion referred to in rule 42 is adopted, those parts on a proposal or of an amendment to a proposal which have been approved shall then be put to the vote as a whole. If all the operative parts of a proposal or amendment have been rejected the proposal or amendment shall be considered to have been rejected as a whole.

A motion is considered to be an amendment to a proposal if it merely adds to, deletes from, or revises parts of that proposal. An amendment shall be voted on before the proposal to which it relates is put to the vote, and if the amendment is adopted, the amended proposal shall then be voted on.

If two or more amendments are moved to a proposal, the meeting shall first vote on the amendment furthest removed in substance from the original proposal, then on the amendment next furthest removed therefrom, and so on, until all amendments have been put to the vote. The President shall determine the order of voting on the amendments under this rule.

Except for elections, voting shall normally be by show of hands. A roll-call vote shall be taken if one is requested by any Party. It shall be taken in the English alphabetical order of the names of the Parties participating in the meeting, beginning with the Party whose name is drawn by lot by the President. However, if at any time a Party requests a secret ballot, that shall be the method of voting on the issue in question.

The vote of each Party participating in a roll-call vote shall be recorded in the relevant documents of the meeting.

After the President has announced the beginning of voting, no representative shall interrupt the voting except on a point of order in connection with the actual conduct of the voting. The President may permit the Parties to explain their votes, either before or after the voting. The President may limit the time to be allowed for such explanations. The President shall not permit the proposer of a proposal or of an amendment to a proposal to explain his vote on his own proposal or amendment, except if it has been amended.

All elections shall be held by secret ballot, unless otherwise decided by the meeting.

1. If, when one person or one delegation is to be elected, no candidate obtains in the first ballot a majority of the votes cast by the Parties present and voting, a second ballot restricted to the two candidates obtaining the largest number of votes shall be taken. If in the second ballot the votes are equally divided, the President shall decide between the candidates by drawing lots.

2. In the case of a tie in the first ballot among three or more candidates obtaining the largest number of votes, a second ballot shall be held. If a tie results among more than two candidates, the number shall be reduced to two by lot and the balloting, restricted to them, shall continue in accordance with the procedure set forth in paragraph 1 of this rule.

When two or more elective places are to be filled at one time under the same conditions, those candidates, not exceeding the number of such places, obtaining in the first ballot the largest number of votes and a majority of the votes cast by the Parties present and voting shall be deemed elected. If the number of candidates obtaining such majority is less than the number of persons or delegations to be elected, there shall be additional ballots to fill the remaining places, the voting being restricted to the candidates obtaining the greatest number of votes in the previous ballot, to a number not more than twice the places remaining to be filled, provided that, after the third inconclusive ballot, votes may be cast for any eligible person or delegation. If three such unrestricted ballots are inconclusive, the next three ballots shall be restricted to the candidates who obtained the greatest number of votes in the third of the unrestricted ballots, to a number not more than twice the places remaining to be filled, and the following three ballots thereafter, shall be unrestricted, and so on until all the places have been filled.

The official languages of the meeting shall be Arabic, Chinese, English, French, Russian, and Spanish.

1. Statements made in an official language of the meeting shall be interpreted in the official languages.

2. A representative may speak in a language other than an official language of the meeting, if he provides for interpretation into one such official language.

Official documents of the meetings shall be drawn up in one of the official languages and translated into the other official languages.

 (United States dollars)


 1990 1991 TOTAL


1100 Project personnel (to be shared between 


 the Convention and the


 Protocol)


 1101 Co-ordinator (Lawyer) (P-4/P-5) 40 000 40 000 80 000


 1102 Programme officer (Chemist) (P-3/P-4) 34 000 34 000 68 000


 1103 Administrative officer (P-2) 23 000 23 000 46 000


 SUBTOTAL 97 000 97 000 194 000


1200 Consultants


 1201 Consultants for preparation of documents


 for the second meeting of the Conference


 of the Parties to the Convention 12 000 12 000 24 000


 SUBTOTAL 12 000 12 000 24 000


1300 Administrative Support


 1301 Administrative assistant 6 500 6 500 13 000


 (to be shared between the


 Convention and the Protocol)


 1302 Secretary 12 000 12 000 24 000


 Conference-servicing costs


 1311 Second meeting of the Conference


 of the Parties to the Convention (1991) - 170 000 170 000


 1312 Meeting of Bureau/Research 25 000 25 000 50 000


 Managers


 SUBTOTAL 43 500 213 500 257 000


1600 Travel on official business


 1600 Travel and subsistence costs


 of UNEP staff members 30 000 30 000 60 000


 SUBTOTAL 30 000 30 000 60 000


3300 Meeting/conferences


 Travel and subsistence cost of


 participants to the Meetings of


 Bureau/Research Managers 35 000 35 000 70 000


 SUBTOTAL 35 000 35 000 70 000


4000 Equipment 20 000 10 000 30 000


5000 Miscellaneous


 5100 Maintenance of equipment 3 000 4 500 7 500


 5200 Reporting costs - 2 500 2 500


 SUBTOTAL 3 000 7 000 10 000


5300 Sundry


 5301 Communications 10 000 10 000 20 000


 5302 Freight charges (shipment of


 documents) 7 500 7 500 15 000


 5303 Other 5 000 5 000 10 000


 5400 Hospitality - 10 000 10 000


 SUBTOTAL 22 500 32 500 55 000


 TOTAL 263 000 437 000 700 000


 Programme support costs (13%) 34 000 56 000 90 000


 GRAND TOTAL 297 000 493 000 790 000

 Percentages Contribution Contribution Total


 of total 1990 1991 1990-91


 budget US$ US$ US$


Australia 1.76 5,229 8,680 13,909


Austria 0.83 2,465 4,091 6,556


Belgium 1.31 3,897 6,468 10,365


Burkina Faso 0.00 0 0 0


Byelorussian SSR 0.37 1,099 1,824 2,924


Canada 3.47 10,292 17,083 27,375


Denmark 0.77 2,298 3,815 6,113


Egypt 0.00 0 0 0


Equitorial Guinea 0.00 0 0 0


Finland 0.57 1,699 2,820 4,518


France 7.01 20,816 34,554 55,370


German Democratic Rep. 1.44 4,263 7,077 11,340


Germany, Fed. Rep. of 9.06 26,911 44,671 71,583


Greece 0.45 1,332 2,211 3,544


Guatemala 0.00 0 0 0


Hungary 0.24 699 1,161 1,860


Ireland 0.20 600 995 1,595


Italy 4.47 13,289 22,059 35,348


Japan 12.76 37,903 62,916 100,818


Kenya 0.00 0 0 0


Lichtenstein 0.00 0 0 0


Luxembourg 0.00 0 0 0


Maldives 0.00 0 0 0


Malta 0.00 0 0 0


Mexico 1.05 3,131 5,197 8,328


Netherlands 1.85 5,496 9,122 14,618


New Zealand 0.27 799 1,327 2,126


Nigeria 0.22 666 1,106 1,772


Norway 0.62 1,832 3,041 4,873


Panama 0.00 0 0 0


Peru 0.00 0 0 0


Portugal 0.20 600 995 1,595


Singapore 0.12 366 608 975


Spain 2.19 6,495 10,781 17,276


Sweden 1.36 4,030 6,690 10,720


Switzerland 1.21 3,597 5,971 9,568


Uganda 0.00 0 0 0


Ukrainian SSR 1.40 4,163 6,911 11,074


Uruguay 0.00 0 0 0


USSR 11.20 33,273 55,231 88,504


U.K. 5.45 16,187 26,869 43,056


U.S.A. 25.00 74,250 123,250 197,500


Venezuela 0.64 1,898 3,151 5,050


EEC 2.50 7,425 12,325 19,750


TOTAL 100.00 297,000 493,000 790,000