Guidance to the operating entities of the Financial Mechanism 

Legal assistance paper

All reasonable efforts have been made to ensure the accuracy of this information at the time the advice was produced (please refer to the date produced below). However, the materials have been prepared for informational purposes only and may have been superseded by more recent developments. They do not constitute formal legal advice or create a lawyer-client relationship. You should seek legal advice to take account of your own interests. To the extent permitted any liability is excluded. Those consulting the database may wish to contact LRI for clarifications and an updated analysis.

Date produced: 09/11/2024

Query:

1. Is it legal to discuss and agree on guidance to the operating entities of the Financial Mechanism under any COP agenda item, in particular in technology agenda items such as the linkage between the technology mechanism and financial mechanism, or must such guidance come from the GEF and GCF agenda items only?

    2. Is it possible to transfer an agenda item from the technology room to the finance room? & vice versa? 

      3. If so, what would be the procedure? 

        4. How can it be ensured that both finance & technology negotiators participate in the agenda item that is relevant to both and is placed either under technology or under finance, and what provision needs to be made, or could helpfully be made, in order for this to happen? The point is intended to address practical aspects: that the scheduling does not clash with other negotiations on finance or that it appears as a combined item in the scheduling. Could this also be guaranteed by duplicating the agenda item in both streams?  And finally, does the request for scheduling or duplicating the agenda item require a ‘formal’ action, such as requesting it to the Secretariat in a decision?