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FINAL MEETING OF THE COMMITTEE OF THE WHOLE

After a full day of consultations, the twelfth and final Committee of the Whole meeting was convened at 11:30 pm on Tuesday to adopt the draft decisions of the three contact groups.

AGENDA ITEMS 6.1, 6.2 AND 6.3: The first item to be considered was the issue of financial resources and the mechanism, contained in document UNEP/CBD/COP/1/CW/L.10/Rev.1. The contact group Chair, Dr J. Ashe (Antigua an Barbuda) noted that the draft decision and its three annexes represented hours of formal and informal consultations reflecting the views of all regional and other interest groups.The three annexes are: Annex I on policy, strategy, programme priorities and eligibility criteria for access to and utilization of financial resources; Annex II on the list of developed country Parties and other Parties, which voluntarily assume the obligations of developed country Parties; and Annex III on interim guidelines for monitoring and evaluation of utilization of financial resources by the GEF. The decision and its annexes were adopted without objection. The Chair, Mr V. Koester, pointed out that Annex II of this draft decision has been adopted with the understanding that the list of developed country Parties and other Parties will be reviewed and adjusted at COP-II. He also noted that the draft decision UNEP/CBD/COP/1/CW/L.1, submitted by the G-77 and China had been withdrawn. The Chair noted that these agenda items were among the most sensitive and difficult issues addressed.

AGENDA ITEM 8: The contact group coordinator Dr. A. Lazar (Canada) introduced UNEP/CBD/COP/1/CS/L.9, which contains the group’s draft decision. Representing the first statement by the COP to an outside body, Lazar said that the COP’s statement to the CSD contains an important message, one which emphasizes the cross-cutting nature, the breadth and the goals of the Convention. He added that the statement to the CSD describes the Convention as an instrument that has initiated a new era concerning access to genetic resources, which is intimately related to other issues facing the CSD. The statement also underlines the COP’s interest in and enthusiasm for working with other bodies who have complementary interests. Based on the final decision regarding the medium-term work programme, the statement specifies four areas where the COP intends to take immediate action. Because the work programme has deferred traditional and indigenous knowledge and practices to 1996, this topic was not included as an area for immediate action. Brazil noted that while it had joined the consensus on the statement, it sincerely regretted that the COP could not send a clear message to the CSD that it would start work on protecting the knowledge of indigenous and local communities. He urged that action on this issue should begin at COP-II. The draft decision was adopted without objection.

AGENDA ITEM 6.5: The Chair invited Mr. M. El-Ghaouth (Mauritania) to introduce draft decision UNEP/CBD/ COP/1/CW/L.5/Rev.1 on the selection of a competent international organization to carry out the functions of the secretariat of the Convention, as well as the draft decision UNEP/CBD/COP/1/ CW/L.13 on the support to the secretariat by international organizations. The coordinator said that the members of the contact group had made considerable efforts in completing their work on the document. After the decisions were adopted, the Chair congratulated UNEP on its designation to carry out the functions of the secretariat and welcomed the offers of support from FAO, UNESCO and other international organizations.

AGENDA ITEMS 6.6 AND 10: Mauritania introduced the draft decision UNEP/CBD/COP/1/CW/L.12 on the budget, without the three annexes, for adoption by consensus in the Committee of the Whole. He noted that the issue of scale of assessments (referred to in paragraph 5 of the draft decision, as well as paragraphs 4 and 15 in annex I) was the subject of protracted debate within his contact group. Brazil highlighted the difficulty of adopting such a decision without an established scale of contributions and proposed postponing adoption of this draft decision until such specification. The draft decision was adopted with a bracketed paragraph 5 (regarding contributions) and informal consultations continued until the final Plenary. Regarding Annex II (proposed budget for 1995 and indicative budget for 1996), concern was expressed that the 1995 figures did not reflect consideration of biosafety issues. Regarding Annex I (draft financial rules for the administration of the Trust Fund for the Convention), Mauritania requested the Chair to comment on the results of his consultations on bracketed texts in paragraphs 4 and 15. The Chair indicated that consultations would continue until the final Plenary. Brazil expressed dismay at adopting text that remained the subject of subtantive discussion. Regarding Annex III (scale of contributions), Mauritania requested that the Chair continue to undertake consultations on this matter and report the results to the final Plenary of the COP.

AGENDA ITEM 9: Mauritania introduced the draft decision UNEP/CBD/COP/1/CW/L.11 and its annex on the medium-term programme of work and said that the contact group had adopted the draft decision but that negotiations were continuing between Brazil and the US on the item related to intellectual property rights. Colombia and India asked to participate in these consultations. The decision was adopted on the understanding that the results of the consultations would be included in the final Plenary.

AGENDA ITEM 13 — ADOPTION OF THE REPORT OF THE COP: The report contained in UNEP/CBD/COP/1/L.2 and Add.1 was presented by the Rapporteur and adopted by the Committee.

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