Executive Board

Article 12(4) of the Kyoto Protocol establishes an Executive Board to supervise the CDM:

The clean development mechanism shall ... be supervised by an executive board of the clean development mechanism (Kyoto Protocol, Article 12(4)).

The CDM modalities and procedures reaffirm that :

The Executive Board shall supervise the CDM, under the authority and guidance of the COP/MOP, and be fully accountable to the COP/MOP (3/CMP.1, Annex, paragraph 5).

3/CMP.1 sets out the role, composition and rules of procedure for the Executive Board. More detailed rules of procedure are contained in 4/CMP.1, Annex (the Rules of Procedure). This decision annotates the decisions in 3/CMP.1 with further guidance.

The provisions of 3/CMP.1 relating to the Executive Board apply equally to their consideration of afforestation and reforetastation (A/R) project activities:

All provisions of section C of the CDM modalities and procedures, contained in the annex to decision 17/CP.7, shall apply mutatis mutandis to afforestation and reforestation project activities under the CDM wit hthe exception of provisions under paragraph 5(e) on recommendations to the Conference of the parties serving as the meeting of the Parties to the Kyoto Protocol (COP/MOP) relating to simplified modalities, procedures and definitions for small-scale project activities (5/CMP.1, Annex, paragraph 4).

Development of the Rules of Procedure

The Rules of Procedure were first developed by the Executive Board at EB 2, and contained in Annex 2 of that report. The rules were amended at EB 6 (Annex 6) and again at EB 12 (Annex 1). The rules applied in draft form until they could be considered by the Conference of the Parties (COP):

The Board adopted its draft rules of procedure at its second meeting and, in accordance with paragraph 6 (a) of decision 17/CP.7, subsequently applied them, with the understanding that they would remain under consideration by the Board at its subsequent meetings. The Board invites the COP to take a decision on its recommendation on its rules of procedure, as contained in annex I to this report, while continuing to apply draft rules until then (EB 5, Annex 4, paragraph 13).

While the rules were in draft form, the Executive Board resolved to refer questions of interpretation to the COP or Conference of the Parties serving as the meeting of the Parties (COP/MOP):

The Board agreed that in the event of a question of interpretation arising on decision 17/CP.7 and the CDM modalities and procedures, which the Board is unable to resolve, it would refer the question(s) to the COP or COP/MOP, as appropriate, for further clarification (EB 5, Annex 4, paragraph 14).

At COP 7 in Marrakech, the COP requested that the Executive Board further consider and agree on the rules of procedure, which would continue to apply in draft form until then:

Decides that the executive board shall include in its work plan until the eighth session of the Conference of the Parties, inter alia, the following tasks:

  1. To develop and agree on its rules of procedure and recommend them to the Conference of the Parties for adoption, applying draft rules until then (17/CP.7, paragraph 6(a)).

The rules of procedure were subsequently adopted in draft form by the at COP 8:

The Conference of the Parties ...

Decides, in accordance with the provisions of decision 17/CP.7 and its annex:

  1. To adopt the rules of procedure of the Executive Board as contained in annex 1 to this decision (21/CP.8, paragraph 1(a)).

Further amendments were made to the draft rules at COP 9 (18/CP.9, paragraph 1(d)) and COP 10 (12/CP.10, paragraph 7).

The rules where finally approved by the first Conference of the Parties serving as the meeting of the Parties (COP/MOP) in Montreal:

The Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol ...

Decides to confirm and give full effect to any actions taken pursuant to decisions 21/CP.8, 18/CP.9 and 12/CP.10, and their annexes:

  1. Annex I, containing the rules of procedure of the Executive Board (4/CMP.1, paragraph (a)).

Role of the Executive Board

The functions of the Executive Board include the following:

  • Making recommendations to the Conference of the Parties serving as the meeting of the Parties (COP/MOP) on further modalities and procedures for the CDM;
  • Approving new baseline and monitoring methodologies;
  • Overseeing the accreditation of operational entities;
  • Establish and maintain a database of approved rules, procedures and methodologies; and
  • Develop and maintain the CDM registry.

Importantly, this list does not include the power to make decisions on the rules of the CDM. The outcomes of Executive Board meetings should be considered 'guidance' and subject to the approval of the COP/MOP.

The full list of the functions of the Executive Board is set out in 3/CMP.1, Annex, paragraph 5:

  1. Make recommendations to the COP/MOP on further modalities and procedures for the CDM, as appropriate;
  2. Make recommendations to the COP/MOP on any amendments or additions to rules of procedure for the Executive Board contained in the present annex, as appropriate;
  3. Report on its activities to each session of the COP/MOP;
  4. Approve new methodologies relating to, inter alia, baselines, monitoring plans and project boundaries in accordance with the provisions of appendix C below;
  5. Review provisions with regard to simplified modalities, procedures and the definitions of small-scale project activities and make recommendations to the COP/MOP;
  6. Be responsible for the accreditation of operational entities, in accordance with accreditation standards contained in appendix A below, and make recommendations to the COP/MOP for the designation of operational entities, in accordance with Article 12, paragraph 5. This responsibility includes:
    1. Decisions on re-accreditation, suspension and withdrawal of accreditation;
    2. Operationalization of accreditation procedures and standards;
  7. Review the accreditation standards in appendix A below and make recommendations to the COP/MOP for consideration, as appropriate;
  8. Report to the COP/MOP on the regional and subregional distribution of CDM project activities with a view to identifying systematic or systemic barriers to their equitable distribution;
  9. Make publicly available relevant information, submitted to it for this purpose, on proposed CDM project activities in need of funding and on investors seeking opportunities, in order to assist in arranging funding of CDM project activities, as necessary;
  10. Make any technical reports commissioned available to the public and provide a period of at least eight weeks for public comments on draft methodologies and guidance before documents are finalized and any recommendations are submitted to the COP/MOP for their consideration;
  11. Develop, maintain and make publicly available a repository of approved rules, procedures, methodologies and standards;
  12. Develop and maintain the CDM registry as defined in appendix D below;
  13. Develop and maintain a publicly available database of CDM project activities containing information on registered project design documents, comments received, verification reports, its decisions as well as information on all CERs issued;
  14. Address issues relating to observance of modalities and procedures for the CDM by project participants and/or operational entities, and report on them to the COP/MOP;
  15. Elaborate and recommend to the COP/MOP for adoption at its next session procedures for conducting the reviews referred to in paragraphs 41 and 65 below including, inter alia, procedures to facilitate consideration of information from Parties, stakeholders and UNFCCC accredited observers. Until their adoption by the COP/MOP, the procedures shall be applied provisionally;
  16. Carry out any other functions ascribed to it in decision 17/CP.7, the present annex and relevant decisions of the COP/MOP (3/CMP.1, Annex paragraph 5).

The Rules of Procedure require the Executive Board to undertake these tasks and any other assigned to it:

The Executive Board shall undertake any tasks assigned to it by decision 17/CP.7, in accordance with the CDM modalities and procedures, and by any subsequent decision taken by the COP/MOP (4/CMP.1, Annex I, Rule 38).

The Executive Board is assisted by the UNFCCC Secretariat:

The secretariat shall service the Executive Board (3/CMP.1, Annex, paragraph 19; 4/CMP.1, Annex I, Rule 33).

Composition of the Executive Board

The Executive Board comprises ten members, elected from Parties to the Kyoto Protocol, with:

  • One member from each of the five United Nations regional groups (Africa, Asia, Western Europe and others, Eastern Europe, Latin America and Caribbean);
  • Two other members from Annex I Parties;
  • Two other members from non-Annex I Parties; and
  • One member from the small island developing States.

This is set out in 3/CMP.1, Annex, paragraph 7 and repeated as Rule 3 of the Rules of Procedure:

The Executive Board shall comprise 10 members from Parties to the Kyoto Protocol, as follows: one member from each of the five United Nations regional groups, two other members from the Parties included in Annex I, two other members from the Parties not included in Annex I, and one representative of the small island developing States, taking into account the current practice in the Bureau of the Conference of the Parties (3/CMP 1, Annex, paragraph 7; 4/CMP.1, Annex I, Rule 3).

Nomination and appointment

Executive Board members are nominated by the constituencies they are appointed to represent, and then formally elected by the COP/MOP:

Members, including alternate members, of the Executive Board shall...

  1. Be nominated by the relevant constituencies referred to in paragraph 7 above and be elected by the COP/MOP. Vacancies shall be filled in the same way (3/CMP.1, Annex, paragraph 8(a); 4/CMP.1, Annex I, Rule 4(1)(a)).

Alternate members are also be elected for each member of the Executive Board:

The COP/MOP shall elect an alternate for each member of the Executive Board based on the criteria in paragraphs 7 and 8 above. The nomination by a constituency of a candidate member shall be accompanied by a nomination for a candidate alternate member from the same constituency (3/CMP.1, Annex, paragraph 9 ; 4/CMP.1, Annex I, Rule 5 (1)).

The Rules of Procedure provide that the alternate member shall serve in the place of the member if the member is unavailable for a meeting:

In the absence of a member from a meeting of the Board, his/her alternate shall serve as the member for that meeting (4/CMP.1, Annex I, Rule 5(3)).

A reference to a member in those rules also includes that member's alternate (4/CMP.1, Annex I, Rule 5(2)).

Term of service

Executive Board members are elected for a two-year period, and can serve a maximum of two consecutive terms (excluding terms served as alternate members):

Members, including alternate members, of the Executive Board shall...

  1. Be elected for a period of two years and be eligible to serve a maximum of two consecutive terms. Terms as alternate members do not count. Five members and five alternate members shall be elected initially for a term of three years and five members and five alternate members for a term of two years. Thereafter, the COP/MOP shall elect, every year, five new members, and five new alternate members, for a term of two years. Appointment pursuant to paragraph 11 below shall count as one term. The members, and alternate members, shall remain in office until their successors are elected (3/CMP.1, Annex, paragraph 8(b); 4/CMP.1, Annex I, Rule 4(1)(b)).

The term of service starts on the date of the first meeting in the calendar year following his/her election and ends immediately before the first meeting of the Executive Board in the calendar year in which the term ends:

The term of service of a member, or an alternate member, shall start at the first meeting of the Executive Board in the calendar year following his/her election and shall end immediately before the first meeting of the Executive Board in the calendar year in which the term ends (4/CMP.1, Annex I, Rule 4(2)).

The cost associated with the participation of developing country members during the term is covered by the Executive Board's budget:

The cost of participation of members, and of alternate members, from developing country Parties and other Parties eligible under UNFCCC practice shall be covered by the budget for the Executive Board (3/CMP.1, Annex, paragraph 8(c); 4/CMP.1, Annex I, Rule 6(1)).

Funding for participation shall be provided in accordance with the financial regulations of the United Nations and the financial procedures of the UNFCCC (4/CMP.1, Annex I, Rule 6(2)).

If a member or alternate member resigns or is unable to complete the term of office, the Executive Board may appoint a replacement:

If a member, or an alternate member, of the Executive Board resigns or is otherwise unable to complete the assigned term of office or to perform the functions of that office, the Executive Board may decide, bearing in mind the proximity of the next session of the COP/MOP, to appoint another member, or an alternate member, from the same constituency to replace the said member for the remainder of that member's mandate (3/CMP.1, Annex, paragraph 11; 4/CMP.1, Annex I, Rule 8(1)).

The relevant constituency will be requested to nominate a replacement:

The Executive Board shall request the relevant constituency to nominate the new member, or the new alternate member, to be appointed in accordance with paragraph 1 of this rule (4/CMP.1, Annex I, Rule 8(2)).

Qualifications and conduct

-/CMP.6 provides that all members and alternate members of the Executive Board should:

  1. have experience and competence in developing policy and strategy frameworks within regulatory processes, preferably but not necessarily in an international environment;
  2. have an understanding of business perspectives regarding investment in the environmental field;
  3. have knowledge on and an understanding of the intergovernmental process in relation to climate change or other environmental agreements;
  4. be prepared to obtain further knowledge of decisions of the CMP relevant to the CDM;
  5. exhibit the highest levels of professionalism and competence and a commitment to act in their individual capacities and in a manner consistent with the Board's code of conduct;
  6. show commitment to the effective management of the CDM; and
  7. have competence in written and oral English (-/CMP.6, Annex I, paragraph 4).

Executive Board members must be bound by the rules of procedure and take a written oath of service:

Members, including alternate members, of the Executive Board shall...

  1. Be bound by the rules of procedure of the Executive Board;
  2. Take a written oath of service witnessed by the Executive Secretary of the UNFCCC or his/her authorized representative before assuming his or her duties (3/CMP.1, Annex, paragraph 8(d) and (e); 4/CMP.1, Annex I, Rule 4(1)(d) and (e)).

The oath of service is as follows:

"I solemnly declare that I will perform my duties as a member/alternate member of the Executive Board of the clean development mechanism pursuant to Article 12 of the Kyoto Protocol, honourably, faithfully, impartially and conscientiously.

"I further solemnly declare and promise that I shall have no financial interest in any aspect of the clean development mechanism, including accreditation of operational entities, registration of CDM project activities and/or the issuance of related certified emission reductions. Subject to my responsibilities to the Executive Board, I shall not disclose, even after the termination of my functions, any confidential or proprietary information which is transferred to the Executive Board in accordance with the CDM modalities and procedures, or any other confidential information coming to my knowledge by reason of my duties for the Executive Board.

"I shall disclose to the Executive Secretary of the United Nations Framework Convention on Climate Change and to the Executive Board any interest in any matter under discussion before the Executive Board which may constitute a conflict of interest or which might be incompatible with the requirements of integrity and impartiality expected of a member of the Executive Board and I shall refrain from participating in the work of the Board in relation to such matter." (4/CMP.1, Annex I, Rule 10(2)).

At the 47th meeting of the Executive Board, the Board agreed to a Code of Conduct for its members, requiring members to respect the confidentiality of confidential information; observe principles of independence, accuracy, and integrity; not have any personal or direct financial interest in a matter under consideration; and exercise discretion in deciding whether such conflict of interest exists and disclose this to the Board (EB 47, Annex 62).  To avoid conflicts of interest, Executive Board members are not permitted to have a financial interest in any CDM project activity:

Members, including alternate members, of the Executive Board shall...

  1. Have no pecuniary or financial interest in any aspect of a CDM project activity or any designated operational entity (3/CMP.1, Annex, paragraph 8(f); 4/CMP.1, Annex I, Rule 4(1)(f)).

The Chair specifically asks members and alternate members at the outset of each meeting whether they have any conflict of interest:

The Board agreed that the Chair shall, at the beginning of each meeting of the Board, request members and alternates to disclose whether they consider that they have any conflict of interest relating to the work of the Board. The Board further agreed that the Chair shall inform the constituencies of the requirements of the CDM modalities and procedures (paragraph 8) and the rules of procedure of the Executive Board regarding conflict of interest (EB 11, paragraph 40).

Executive Board members are prohibited from disclosing any confidential information:

Members, including alternate members, of the Executive Board shall...

  1. Subject to their responsibilities to the Executive Board, not disclose any confidential or proprietary information coming to their knowledge by reason of their duties for the Executive Board. The duty of the member, including alternate member, not to disclose confidential information constitutes an obligation in respect of that member, and alternate member, and shall remain an obligation after the expiration or termination of that member's function for the Executive Board (3/CMP.1, Annex, paragraph 8(g); 4/CMP.1, Annex I, Rule 4(1)(g)).

Breach of either the conflicts rule or the confidentiality rule is cause for termination of membership, as is failure to attend two consecutive meetings without proper justification:

The Executive Board may suspend and recommend to the COP/MOP the termination of the membership of a particular member, including an alternate member, for cause including, inter alia, breach of the conflict of interest provisions, breach of the confidentiality provisions, or failure to attend two consecutive meetings of the Executive Board without proper justification (3/CMP.1, Annex, paragraph 10; 4/CMP.1, Annex I, Rule 7(1)).

Motions calling for the termination of membership must be voted upon:

Any motion calling for the suspension of, and recommendation to the COP/MOP to terminate the membership of, a member, or an alternate member, shall immediately be put to the vote in accordance with the voting rules in chapter V below. When the motion concerns the suspension of, and recommendation to the COP/MOP to terminate the membership of, the Chair, the Vice-Chair shall act as Chair until the voting has been conducted and its result announced (4/CMP.1, Annex I, Rule 7(2)).

The member in question must be given the opportunity of a hearing:

The Executive Board shall suspend and recommend termination of the membership of a member, or an alternate member, only after the member, or alternate member, has been afforded the opportunity of a hearing by the Board in a meeting (4/CMP.1, Annex I, Rule 7(3)).

Officers

The Executive Board elects its own Chair and Vice Chair, one of which must be from an Annex I Party and the other from a non-Annex I Party:

The Executive Board shall elect its own Chair and Vice-Chair, with one being a member from a Party included in Annex I and the other being from a Party not included in Annex I. The positions of Chair and Vice-Chair shall alternate annually between a member from a Party included in Annex I and a member from a Party not included in Annex I (3/CMP.1, Annex, paragraph 21; 4/CMP.1, Annex I, Rule 12(1)).

The Chair and Vice Chair are elected at the first meeting in each year:

At the first Executive Board meeting of each calendar year, the Board shall elect a Chair and a Vice-Chair from among its members. The secretary of the Board shall preside over the opening of the first Executive Board meeting of a calendar year and conduct the election of the new Chair and Vice-Chair (4/CMP.1, Annex I, Rule 12(2)).

The Chair and Vice Chair will then serve in their respective capacities. The Chair conducts the meeting and has control over proceedings:

The Chair and Vice-Chair shall serve in their respective capacities at any meeting of the Executive Board (4/CMP.1, Annex I, Rule 13(1).

The Chair shall preside over the meetings of the Executive Board as provided for under this rule (4/CMP.1, Annex I, Rule 14(1)).

In addition to exercising the functions conferred upon the Chair elsewhere by these rules, the Chair shall declare the opening and closing of meetings, preside at meetings, ensure the observance of these rules, accord the right to speak, put questions to the vote and announce decisions. The Chair shall rule on points of order and, subject to these rules, shall have complete control of the proceedings and over the maintenance of order at the meeting (4/CMP.1, Annex I, Rule 14(2)).

The Chair may propose to the Executive Board a limitation on the time to be allowed to speakers and on the number of times each member may speak on a question, the adjournment or closure of the debate and the suspension or adjournment of a meeting (4/CMP.1, Annex I, Rule 14(3)).

The Chair is also responsible for representing the Executive Board at meetings of the COP/MOP:

The Chair, or any other member designated by the Executive Board, shall represent the Board as necessary, including at sessions of the COP/MOP (4/CMP.1, Annex I, Rule 14(4)).

If the Chair or Vice Chair is unable to serve at a meeting, a replacement will be elected for that meeting:

If the elected Chair is not able to serve in that capacity for a meeting, the Vice-Chair shall serve as Chair. If both are unable to serve in their respective capacities, the Board shall elect a member from among its members present to serve as Chair for that meeting (4/CMP.1, Annex I, Rule 13(2)).

A new Chair or Vice Chair will be elected if they do not carry out their functions or cease to be a member:

If the Chair or Vice-Chair ceases to be able to carry out his or her functions, or ceases to be a member, a new Chair or Vice-Chair shall be elected for the remainder of the term (4/CMP.1, Annex I, Rule 13(3).

Meetings

The Executive Board is required to meet at least three times each year:

The Executive Board shall meet as necessary but no less than three times a year, bearing in mind the provisions of paragraph 41 below. All documentation for Executive Board meetings shall be made available to alternate members (3/CMP.1, Annex, paragraph 13; 4/CMP.1, Annex I, Rule 15).

The dates for meetings are agreed upon in advance:

At the first Executive Board meeting of each calendar year, the Chair shall propose for the approval of the Board a schedule of meetings for that calendar year (4/CMP.1, Annex I, Rule 16(1)).

If changes to the schedule or additional meetings are required, the Chair shall, after consultations with all members, give notice of any changes in the dates of scheduled meetings, and/or of the dates of additional meetings (4/CMP.1, Annex I, Rule 16(2)).

The Chair shall convene and give notice of the date of each meeting of the Executive Board not less than eight weeks prior to the date of such meeting (4/CMP.1, Annex I, Rule 17).

Where possible, meetings are timed to coincide with meetings of the COP, COP/MOP or their subsidiary bodies:

To the extent possible, these meetings shall be held in conjunction with sessions of the COP, the COP/MOP or their subsidiary bodies (4/CMP.1, Annex I, Rule 16(1)).

Meetings of the Executive Board held in conjunction with meetings of the COP, the COP/MOP or their subsidiary bodies shall be held at the same location as the meetings of these bodies. Other meetings of the Executive Board shall take place at the location of the secretariat, unless the Executive Board decides otherwise or other appropriate arrangements are made by the secretariat in consultation with the Chair (4/CMP.1, Annex I, Rule 19).

Those invited to the meeting must be notified and provided with a copy of the agenda and all relevant documentation:

The secretariat shall promptly notify all those invited to the meeting (4/CMP.1, Annex I, Rule 18).

The Chair, assisted by the secretariat, shall draft the provisional agenda of each meeting of the Executive Board and transmit a copy of such provisional agenda, agreed upon by the Executive Board at its previous meeting, to all those invited to the meeting (4/CMP.1, Annex I, Rule 20).

All documentation for an Executive Board meeting shall be made available to members and alternate members through the secretariat at least two weeks before the meeting (4/CMP.1, Annex I, Rule 24(1)).

Subject to confidentiality provisions, documentation is then made publicly available:

Documentation shall be made publicly available by the secretariat via the Internet soon after transmission to members and alternate members. Availability of such documentation shall be subject to confidentiality provisions (4/CMP.1, Annex I, Rule 24(2)).

Changes to the agenda must be made at least 4 weeks in advance:

Additions or changes to the provisional agenda of a meeting may be proposed to the secretariat by any member, or alternate member, and incorporated in the proposed agenda provided that the member, or alternate member, shall give notice thereof to the secretariat not less than four weeks before the date set for the opening of the meeting. The proposed agenda for the meeting shall be transmitted by the secretariat to all those invited to the meeting three weeks before the date set for the opening of the meeting (4/CMP.1, Annex I, Rule 21).

The final agenda is then adopted at the beginning of each meeting:

The Executive Board shall, at the beginning of each meeting, adopt the agenda for the meeting (4/CMP.1, Annex I, Rule 22).

If an item on the agenda is not finally dealt with at a meeting, it is automatically included on the agenda for the next meeting:

Any item included on the agenda for a meeting of the Executive Board, consideration of which has not been completed at that meeting, shall be included automatically on the provisional agenda for the next meeting, unless otherwise decided by the Executive Board (4/CMP.1, Annex I, Rule 23).

The results of meetings are made public, in accordance with the principle of transparency:

Subject to the need to protect confidential information, the principle of transparency should apply to all the work of the Executive Board, encompassing the timely public availability of documentation and channels through which external comments by all Parties and all UNFCCC accredited observers and stakeholders can be submitted for consideration by the Board. The posting of the Board's meetings on the Internet is one way to ensure transparency (4/CMP.1, Annex I, Rule 26).

At least two thirds of Executive Board members, representing a majority of members from both Annex I and non-Annex I Parties, must be present for a meeting to proceed:

At least two thirds of the members of the Executive Board, representing a majority of members from Parties included in Annex I and a majority of members from Parties not included in Annex I, must be present to constitute a quorum (3/CMP.1, Annex, paragraph 14; 4/CMP.1, Annex I, Rule 28).

Meetings are conducted in English, but decisions are made available in all six UN languages:

The full text of all decisions of the Executive Board shall be made publicly available. The working language of the Executive Board shall be English. Decisions shall be made available in all six official languages of the United Nations (3/CMP.1, Annex, paragraph 17; 4/CMP.1, Annex I, Rule 31).

Before the end of each meeting, the Chair will present draft conclusions and decisions for approval:

Before the end of each meeting, the Chair shall present draft conclusions and decisions of the meeting for consideration and approval by the Executive Board (4/CMP.1, Annex I, Rule 40).

Written records of meetings are kept:

Any written records of the Executive Board or recordings of proceedings shall be kept by the secretariat in accordance with United Nations rules and regulations (4/CMP.1, Annex I, Rule 40).

Relationship with external stakeholders

Executive Board meetings are generally open to all Parties, UNFCCC accredited observers and stakeholders:

Meetings of the Executive Board shall be open to attendance, as observers, by all Parties and by all UNFCCC accredited observers and stakeholders, except where otherwise decided by the Executive Board (3/CMP.1, Annex, paragraph 16; 4/CMP.1, Annex I, Rule 27(1)).

However, the Executive Board may restrict attendance in certain circumstances:

In the context of paragraph 1 above, the Executive Board may decide, in the interest of economy and efficiency, to limit attendance at its meetings to members, alternate members and secretariat support staff. In such instances, the Executive Board shall take all practicable steps to accommodate in other ways the interests of Parties, non-Parties to the Kyoto Protocol that are Parties to the Convention and accredited UNFCCC observers and stakeholders to observe its proceedings, except when the Executive Board decides to close all or a portion of a meeting (4/CMP.1, Annex I, Rule 27(2).

Observers of meetings may make presentations on matters under consideration:

Observers may, upon invitation by the Board, make presentations relating to matters under consideration by the Board (4/CMP.1, Annex I, Rule 27(3)).

The Executive Board will also take into account unsolicited written submissions made by non-governmental organizations and inter-governmental organizations, but only if they are received at least two weeks prior to the meeting:

The Board agreed that relevant communications received which are not responding to a call for input will only be taken into consideration at its next meeting if received before the documents submission deadline (two weeks prior to the meeting). Any communication received after this deadline would be considered, as appropriate, at a subsequent meeting (EB 16, paragraph 38).

In response to numerous requests from the Conference of the Parties the Executive Board adopted, in EB 62, specific procedures for direct communication with stakeholders. Previously, unsolicited written submissions were considered at the chair's discretion in accordance with EB 21, Annex 27 and EB 31, Annex 37. The overall objective of the modalities and procedures is to develop a closer working relationship between the Executive Board and various stakeholders within a structured system.

The first component of the system relates to communication on policy issues which are initiated by the Board to seek stakeholders input regarding the CDM rules and areas requiring improvement.

A second component of the system is to allocate time at each EB meeting for interaction between registered observers and the Board on policy and general issues.

Overall the scheme increases the opportunities for stakeholders to provide input to the development of the CDM and places an emphasis on increased interaction between stakeholders through more regular workshops and other opportunities to contribute to policy development (EB 62, Annex 15).

Further details of the scheme can be found here.

Voting rules

Wherever possible, decisions of the Executive Board should be unanimous. Where this is not possible, a three-quarters majority of members present and voting will be sufficient:

Decisions by the Executive Board shall be taken by consensus, whenever possible. If all efforts at reaching a consensus have been exhausted and no agreement has been reached, decisions shall be taken by a three-fourths majority of the members present and voting at the meeting. Members abstaining from voting shall be considered as not voting (3/CMP.1, Annex, paragraph 15; 4/CMP.1, Annex I, Rule 29(1)).

Each member has one vote, and an alternate member may vote only if acting for the member (because the member is not present):

Each member shall have one vote. For the purpose of this rule, the phrase "members present and voting" means members present at the meeting at which voting takes place and casting an affirmative or negative vote (4/CMP.1, Annex I, Rule 29(3)).

Alternate members may participate in the proceedings of the Board without the right to vote. An alternate member may cast a vote only if acting for the member (4/CMP.1, Annex I, Rule 29(4)).

The Chair determines whether consensus has been reached:

The Chair shall ascertain whether consensus has been reached. The Chair shall declare that a consensus does not exist if there is a stated objection to the proposed decision under consideration by a member of the Executive Board or by an alternate member acting for a member (4/CMP.1, Annex I, Rule 29(2)).

Decisions may also be taken out-of-session, if the Chair decides that the decision cannot be postponed until the next meeting:

Whenever, in the judgement of the Chair, a decision must be taken by the Executive Board which cannot be postponed until the next meeting of the Executive Board, the Chair shall transmit to each member a proposed decision, with an invitation to approve the decision by consensus. Together with the proposed decision, the Chair shall provide, subject to the applicable confidentiality requirements, the relevant facts that, in the Chair's judgement, justify decision-making pursuant to this rule 30 (4/CMP.1, Annex I, Rule 30(1)).

In such cases, the procedure for consideration of the proposal is as follows:

  • The proposal is transmitted to members, who are required to confirm its receipt;
  • Members have two weeks to provide comments;
  • If no objection is raised during the two week period, the decision will be considered approved;
  • If an objection is raised, the issue is put on the agenda for the next meeting.

This process is set out in the Rules of Procedure:

The proposed decision shall be transmitted in the form of an electronic message through the listserver of the Executive Board. A quorum of the Board is required to confirm the receipt of the message. Such message shall also be transmitted to alternate members for information (4/CMP.1, Annex I, Rule 30(1)).

Members, and/or alternate members, shall be given two weeks from the date of receipt of the proposed decision for comments. These comments shall be made available to members and alternate members via the Executive Board listserver (4/CMP.1, Annex I, Rule 30(2)).

At the expiration of the period referred to in paragraph 2 above, the proposed decision shall be considered approved if there is no objection by any member. If an objection is raised, the Chair shall include consideration of the proposed decision as an item on the proposed agenda for the next meeting of the Executive Board and inform the Board accordingly (4/CMP.1, Annex I, Rule 30(3)).

Decisions made according to this procedure must be included in the report of the Board:

Any decision made using the procedure specified in paragraphs 1 to 3 of this rule shall be included in the report of the Board at its next meeting and shall be deemed to have been taken at the seat of the UNFCCC Secretariat in Bonn, Germany (4/CMP.1, Annex I, Rule 30(3)).

Committees, panels and working groups

The modalities and procedures permit the Executive Board to establish committees, panels and working groups to assist it in carrying out its functions:

The Executive Board may establish committees, panels or working groups to assist it in the performance of its functions. The Executive Board shall draw on the expertise necessary to perform its functions, including from the UNFCCC roster of experts. In this context, it shall take fully into account the consideration of regional balance (3/CMP.1, Annex, paragraph 18; 4/CMP.1, Annex I, Rule 32(1)).

Panels are comprised of a Chair and Vice Chair appointed from the Executive Board and a number of panel members:

The panel shall be composed of an appropriate number of panel members determined by the Executive Board. Members of a panel shall have demonstrated and recognized technical expertise in the relevant field of work (4/CMP.1, Annex A, Rule 32(2)).

In establishing a panel, the Executive Board shall appoint two Executive Board members to act as Chair and Vice-Chair of the panel, one from a Party included in Annex I and one from a Party not included in Annex I. The Executive Board may appoint additional members and alternate members to participate in a panel (4/CMP.1, Annex A, Rule 32(2)).

The Executive Board will determine the panel's terms of reference:

In establishing a panel, the Executive Board shall determine its terms of reference. The terms of reference shall include a work plan, the deadline for submission of documents, the criteria for the selection of the panel members and the necessary budgetary provisions (4/CMP.1, Annex A, Rule 32(4)).

Any reports produced by the panel will be made publicly available:

Reports of committees, panels and working groups to the Executive Board shall be made publicly available, subject to confidentiality provisions (4/CMP.1, Annex A, Rule 32(5)).

General guidelines exist for panels and working groups. The most recent of these is contained in EB 37, Annex 1.

Electronic transmission of documents

Documents may be transmitted electronically, but this is subject to the overriding requirements of transparency and confidentiality:

The Executive Board, and the UNFCCC Secretariat, in its mandated role of support to the Executive Board, may use electronic means for transmission and storage of documentation (4/CMP.1, Annex I, Rule 39(1)).

The documentation submitted using electronic means is subject to the transparency and confidentiality provisions of the CDM modalities and procedures. In submitting any application, registration or other documentation through electronic means (e.g. the UNFCCC CDM website), the submitter shall acknowledge that he or she has read the relevant procedures and agrees to be bound by the terms and conditions of submission of documentation, including with respect to the submitter's sole responsibility for the content of his or her submission and the waiver of all claims associated with use of electronic means of submitting and transmitting documentation (4/CMP.1, Annex I, Rule 39(2)).

The Executive Board, its panels, committees and working groups, and respective members and alternate members, shall not be made responsible for any claim or loss arising from the transmission, storage or use of documentation obtained through electronic means. Neither the confidentiality nor the integrity of the documentation submitted can be guaranteed following electronic transmission and storage (4/CMP.1, Annex I, Rule 39(3)).

Related Topics

What is registration? (P)

Project participants

What is issuance? (P)

What is a methodology? (P)

Annex I

Stakeholders

Transparent and conservative (P)