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WORKING GROUP II

Working Group II completed its first reading of the text with a review of Articles 40 and 41.

ARTICLE 40 -- RESERVATIONS: There was discussion on Benin's proposal to add a reference to the fact that neither reservations nor exceptions could be made to the Convention. The original text only refers to reservations. Further discussion is required.

ARTICLE 41 -- WITHDRAWALS: Paragraph 1 in this article allows for the withdrawal after [two] [three] years after entry into force. The EU preferred the two year period while the African Group preferred three. No agreement was reached. Paragraph 2, which refers to when such withdrawal can take effect, was adopted ad referendum. Benin proposed the addition of a new paragraph to read "withdrawal shall not exempt the withdrawing parties from observing the obligations they may have made under the present Convention in the execution of projects." The EU requested that it be bracketed.

The Working Group then addressed Document A/AC.241/WG.II/CRP.1.

ARTICLE 1 -- USE OF TERMS: The Working Group found it difficult to achieve consensus on the terms covered in Paragraph 1(a),(b), (c),(d) and (h) -- desertification, drought, land degradation, arid, semi-arid and dry sub-humid areas as well as combating desertification. A contact group chaired by Egypt was set up to deal with these sections. New text based on the discussions of the contact group was circulated Tuesday evening.

Sub-paragraphs 1(e),(f) and (g): The Secretariat announced that it would list, based on objective criteria, the following: affected countries; countries needing assistance; and countries in a position to provide assistance. Delegates noted the inherent problems in drawing up such a list.

Paragraph 2 establishes an information glossary for the Convention. The US questioned the utility of the glossary and its relationship to the Scientific and Technological Council, and it was left in brackets until the section on institutions is discussed.

ARTICLE 20 -- TRANSFER, ACQUISITION, AND ADAPTATION AND DEVELOPMENT OF TECHNOLOGY: Paragraph 1 states requirements of Parties in facilitating the transfer, acquisition and adaptation of technology. There was no consensus on the amended text.

Sub-paragraph 1(a) refers to the need to fully utilize existing institutions in this process. The amended text was adopted ad referendum.

Sub-paragraph 1(b) refers to facilitating access to technology to developing countries on favorable terms. The EU proposed deletion of the reference to "assess the cost and benefits of available technology," but there was no consensus. The brackets were retained.

Sub-paragraph 1(c) refers to facilitating technology cooperation among affected country parties needing assistance. Brazil requested brackets around the term "affected country parties needing assistance," and noted that reference should be made to other ways of facilitating technological cooperation.

Sub-paragraph 1(d) refers to measures to be taken to create conducive conditions for the transfer of technology. China requested deletion of the reference to commercial technology. The US proposed "knowledge including measures to ensure the adequate and efficient protection of intellectual property rights," which was bracketed.

Sub-paragraph 1(e) refers to joint research programmes. The two options provided have been retained in brackets. A third, proposed by Egypt, which merges the other two paragraphs, was bracketed.

Sub-paragraph 1(f) refers to extending technological cooperation to sectors that can provide alternative livelihoods. Reference to the utilization of biodiversity and genetic resources generated heated debate but was finally bracketed for consideration against 1(c).

Paragraph 2 calls for Parties "to give special attention to the protection, promotion and use of traditional and indigenous technology." The US was opposed to its retention, preferring to delete the phrase "special attention to."

Sub-paragraph 2(a) governs the creation of inventories of technology and know-how. Brazil stressed the importance of protecting the right of indigenous technology. Brazil will provide new text to this effect.

Paragraph 3 states that provisions for carrying out cooperation will be included in the regional implementation annexes. Greece requested retaining the brackets, as regional annexes are yet to be discussed.

ARTICLE 19 -- RESEARCH AND DEVELOPMENT: In paragraph 1 on promoting scientific and technical cooperation there was debate whether existing national and international institutions or new ones should be used for these purposes. Several new formulations were proposed, but the text still contains brackets.

The brackets in 1(a), which mentions research activities contributing increased knowledge of the processes leading to desertification and drought, and (b), which addresses the specific needs of local populations, were removed.

In 1(c) discussion focused on the appropriate terminology to express traditional and indigenous knowledge. Several African delegates expressed concern that although "indigenous" was used in the Biodiversity Convention it is not appropriate here. It remains bracketed.

Delegates agreed to delete sub-paragraph (f) on socio-economic research and retain (d), on national and sub-regional research capabilities, in brackets. 1(e) stresses the need to carry out research that covers the relationship between poverty and desertification. This led to a heated debate, as several delegates wanted it to specify "where relevant, the relationship between poverty and desertification." There was no consensus.

Paragraph 2 addresses research priorities for particular regions and sub-regions. The paragraph was bracketed until sections on regional annexes and institutions are resolved.

ARTICLE 18 -- INFORMATION COLLECTION, ANALYSIS AND EXCHANGE: Discussion was based on an advance copy of document A/AC.241/WG.II/CRP.4. The delegates were only able to discuss the chapeau to paragraph 1 and sub-paragraphs (a) and (a)(i) and (a)(ii).

Paragraph 1 provides the general short- and long-term obligations of Parties to ensure the systematic observation of land degradation in affected areas. There was consensus to retain the initial paragraph with a few amendments, with additional text from the new paragraph that was left in brackets as the EU wanted more time to consider the proposal. The other unresolved problem is whether to use the term "to assess" instead of "to monitor," which in negotiating previous conventions posed a problem to the former Soviet Union.

Sub-paragraph 1(a), which relates to the establishment of a global network to facilitate information exchange, was bracketed until the new texts that both China and the US had proposed could be provided for consideration.

Sub-paragraph 1(a)(i), which states the need to use compatible standards and systems in information collection, exchange and monitoring, underwent several changes based on Australia's amendment and modified by Benin. The latter's proposal was maintained.

Sub-paragraph 1(a)(ii) indicates the extent of data collection, including meteorological and climatological data from stations. Belgium proposed text that was agreeable to all except Cameroon, who wants data collection from remote stations specified. This discussion will continue Wednesday.

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