COP’s procedure and calendar

Legal assistance paper

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Date produced: 20/11/2009

1. How/ where will the decision on the calendar for 2010 be taken if there is not clarity on the level of detail that will be in the outcome before the end of Copenhagen, and therefore when to have extra sessions, since the SBI closes early in the first week? Will it need to be reconvened for his agenda item later on? Can another negotiating track deliver this agenda item? By what mechanism?

2. If the final plenaries are on the second Wednesday, and given that the LCA and KP Chairs are due to report to the COP in the morning of that Wednesday (16 December), is there any way that changes to the text agreed by HoGs’ can be brought into a legal format that can be adopted by the COP? If so, when and how could this decision be taken by the COP? Would these amends have to go through the LCA and KP Chairs?

As is normally the case, the open meeting decisions are left open until the end of the sessions, at which time they are either concluded with agreement, for by setting out what the disagreements are.

Accordingly, it does not matter if the SBI only meets for the first three days, as there will have to be a final / closing plenary, after the heads of state have met. Once thee heads of state / ministers have met, there will be a final meeting at which the procedural matters will be addressed.

Furthermore, while the SBI will only meet formally for the first three days, informal discussions will continue behind closed doors, based on the outcome of the ministerial meetings, where agreement will be reached, which will then be adopted in the final plenary.

Accordingly, the answer to the first and second questions is the same:  there will not need to be any further sessions merely to deal with SBI related issues, as these will be dealt with in the closing plenary. In the same manner, any amendments will be dealt with in the same plenary, and will accordingly be brought to the COP in the final plenary.