Report Of The Conference Of The Parties On The Work Of Its First Meeting
28 April 1989
First meeting Helsinki
26-28 April 1989
REPORT OF THE CONFERENCE OF THE PARTIES ON THE WORK OF ITS FIRST MEETING
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:
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:
Mr. Kaj Bärlund, Minister of the Environment, Finland
Amb. Mr. Wataru Miyakawa, Japan
Ms. Imeria de Odreman, Venezuela
Prof. Vladimir Zaharov, USSR
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:
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:
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;
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.
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;
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.
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:
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.
The Secretariat shall notify all Parties of the dates and venue of meetings at least two months before the meeting.
In agreement with the President, the Secretariat shall prepare the provisional agenda of each meeting.
The provisional agenda of each ordinary meeting shall include:
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.
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.
The Secretariat shall, in accordance with these rules:
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.
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.
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.
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.
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.
Official documents of the meetings shall be drawn up in one of the official languages and translated into the other official languages.
Sound records of the meeting, and whenever possible of its committees and working groups, shall be kept by the Secretariat in accordance with the practice of the United Nations.
In the event of any conflict between any provision of these rules and any provision of the Convention, the Convention shall prevail.
This procedure is adopted as required by Article 11, paragraph 3 (a), of the Vienna Convention for the Protection of the Ozone Layer. Unless the Parties to a dispute otherwise agree the arbitration procedure shall be conducted in accordance with articles 2 to 16 below.
The claimant Party shall notify the Secretariat that the Parties are referring a dispute to arbitration pursuant to Article 11, paragraph 3, of the Convention. The notification shall state the subject-matter of arbitration and include, in particular the articles of the Convention or the Protocol, the interpretation or application of which are at issue. The Secretariat shall forward the information thus received to all Contracting Parties to the Convention or to the Protocol concerned.
The arbitral tribunal shall render its decisions in accordance with international law, as well as the provisions of this Convention and any protocols concerned.
Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own procedure, assuring that each Party has a full opportunity to be heard and to present its case.
The Parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, using all means at their disposal, shall:
Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the costs of the tribunal shall be borne by the Parties to the dispute in equal shares. The tribunal shall keep a record of all its costs, and shall furnish a final statement thereof to the Parties.
Any Contracting Party that has an interest of a legal nature in the subject-matter of the dispute which may be affected by the decision in the case, may intervene in the proceedings with the consent of the tribunal.
The tribunal may hear and determine counterclaims arising directly out of the subject-matter of the dispute.
Decisions both on procedure and substance of the arbitral tribunal shall be taken by a majority vote of its members.
If one of the Parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other Party may request the tribunal to continue the proceedings and to render its final decision. Absence of a Party or failure of a Party to defend its case shall not constitute a bar to the proceedings. Before rendering its final decision, the arbitral tribunal must satisfy itself that the claim is well founded in fact and law.
The tribunal shall render its final decision within five months of the date on which it is fully constituted unless it finds it necessary to extend the time-limit for a period which should not exceed five months.
The final decision of the arbitral tribunal shall be confined to the subject-matter of the dispute and shall state the reasons on which it is based. It shall contain the names of the members who have participated and the date of the final decision. Any member of the tribunal may attach a separate or dissenting opinion to the final decision.
The final decision shall be without appeal unless the Parties to the dispute have agreed in advance to an appellate procedure. It shall be complied with by the Parties to the dispute.
Any controversy which may arise between the Parties to the dispute as regards the interpretation or manner of implementation of the final decision may be submitted by either Party for decision to the arbitral tribunal which rendered it.
(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