Legal Response International » Adding new agenda item to CMA 1-2

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Would it be procedurally possible to add a new agenda item to CMA 1-2 to cover Loss and Damage, so as to ensure that the issue is discussed at COP24?

Advice:

1. It would not be possible to add a new agenda item at this stage since the CMA has already adopted its agenda. Rule 13 of the Draft Rules of Procedure, which allows for the addition of new agenda items which are considered urgent by the COP, would not apply in this case.

2. However, we think that the issue of Loss and Damage is actually already on the CMA agenda under “3. Matters relating to the implementation of the PA”. FN4 of Decision 1/CMA.1 says:

“This agenda item will address the modalities, procedures and guidelines that the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement (CMA) at its first session is expected to consider and take decisions on in accordance with the mandates contained in the Paris Agreement, as well as the draft decisions to be recommended by the subsidiary bodies through the Conference of the Parties to CMA 1 for its consideration and adoption in accordance with the work programme in decision 1/CP.21, including Article 4 of the Paris Agreement and decision 1/CP.21, paragraphs 22–35; Article 6 and decision 1/CP.21, paragraphs 36–40; Article 7 and decision 1/CP.21, paragraphs 41, 42 and 45; Article 8 and decision 1/CP. 21, paragraphs 47–51; Article 9 and decision 1/CP.21, paragraphs 52–64; Article 10 and decision 1/CP.21, paragraphs 66–70; Articles 11 and 12 and decision 1/CP.21, paragraphs 81–83; Article 13 and decision 1/CP.21, paragraphs 84–98; Article 14 and decision 1/CP.21, paragraphs 99–101; and Article 15 and decision 1/CP.21, paragraphs 102 and 103. Any other matter concerning the implementation of the Paris Agreement could also be addressed by the CMA under this agenda item, as decided by the CMA. Further details on these mandates will be included in the annotations to the provisional agenda.”

3. In order to progress work on Loss and Damage and give it a higher profile, it might be possible to integrate it as a sub-item on the APA agenda item 8 “Further matters related to implementation of the Paris Agreement:” and follow the same process as when the Adaptation Fund was added to matters considered under agenda item 8 (a): the COP (COP22, in Marrakesh) referred matters relating to the Adaptation Fund to the APA, at the invitation of the CMP. This was in application of rule 27(7) which entitles the COP to determine the matters to be considered by each subsidiary body and, if so requested by the Chairman of a subsidiary body, to adjust the allocation of work.