Modalities of communication

he definition of modalities of communication is set out in the CDM Glossary of Terms:

The modalities of communication between project participants and the Executive Board are indicated at the time of registration by submitting a statement signed by all project participants. All official communication from and to project participants, after a request for registration is submitted by a DOE, shall be handled in accordance with these modalities of communication (CDM Glossary of Terms Version 03).

Therefore, the statement of modalities of communication, which must be signed by all project participants, sets out the way in which communication should be carried out between project participants and the Executive Board.

The UNFCCC Secretariat has confirmed in informal communications that only original signatures and hard copy documents will be accepted.  Electronic signatures and emailed modalities of communication will not be accepted.

Content of the modalities of communication

The modalities of communication will usually nominate a focal point for communications, including with respect to the request for distribution. This responsibility may be shared (by 'joint focal points'), and in this case the modalities of communication must clearly state which project participant has responsibility for each type of communication. For example, the modalities of communication could state that one project participant has responsibility for communications relating to one issue (such as distribution of CERs), while the other has responsibility for all other communications.

The Executive Board, the UNFCCC Secretariat and other relevant bodies will carry out instructions in the modalities of communication faithfully. For example, if the modalities of communication gives the focal point unilateral power to add and remove project participants, the Executive Board will honour this.

However, a statement in the modalities as to the number of CERs that should be distributed to each project participant will not be observed, because the project has yet to actually generate the CERs at the time the modalities is submitted.  This information should be dealt with in the request for distribution.

Similarly, if the modalities of communication specifies that the focal point may submit a request for distribution, but this must be signed by all project participants, a request for distribution that has not been signed in this way will not be actioned.

Amending the modalities of communication

The modalities of communication can be changed with the consent of all project participants, as set out in the CDM Glossary of Terms:

If these modalities have to be modified, the new statement shall be signed by all project participants and submitted in accordance with the modalities that are to be replaced (CDM Glossary of Terms Version 03).

The UNFCCC Secretariat has confirmed that if a new project participant is to be added, with certain powers to communicate with the Executive Board, then all project participants (including the new participant) should execute a new modalities of communication, specifying:

• The identity of the new project participant; and
• The authority now delegated to each project participant to communicate with the UNFCCC Secretariat and the Executive Board.

Format of the modalities of communication

A draft standardised format of the the modalities of communication is contained in annex 4 to the annotated agenda of EB 41.  At EB 41, the Executive Board called for public input on this draft and requested that the UNFCCC Secretariat provide a revised document for consideration at EB 42:

The Board considered the draft standardization of the format of the modalities of communications between project participants and the Executive Board, as contained in annex 2 [sic] to the annotated agenda of the forty-first meeting of the Board. The Board agreed to launch a call for public inputs on this draft from 6 August 2008 until 3 September 2008. The Board requested the secretariat to incorporate the inputs received in a highlighted manner in a revised document for consideration by the Board at its forty-second meeting. The Board is, in particular, interested in the views of Designated National Authorities (DNAs) (EB 42, paragraph 61).

In the interim, the UNFCCC Secretariat has stated that it is not prepared to accept powers of attorney as evidence that a particular person is the authorised representative of a company unless the resolution or power of attorney is signed with the signature of an individual, or stamped with the seal of an entity, which is on file in previous communication with the Board.  The secretariat's recommended approach is that project participants or focal points provide lists of authorised representatives and their signatures with the original or revised modalities of communication.