Climate Conference of Madrid, Spain
“Pre-2020 Stocktake on implementation and ambition” by UNclimatechange is licensed under CC BY-NC-SA 2.0
Negotiations on procedures for the committee to facilitate implementation and promote compliance per the Paris Agreement continued on the fifth day of the COP, and I was able to attend another session. This session was open to observers, although between open sessions the working group had met in a number of “informal informals” or meetings totally closed to observers which are, I imagine, rather informal. Legends even tell of a mysterious “informal informal informal” consisting of a small number of delegates engaging in discussions quietly over coffee at an undisclosed location (there were so many coffee stations at the venue; it could be any of them!). Because the open meetings were only a fraction of the total meetings surrounding this agenda item, each time I came into the room, there were a few holes in my understanding of what was going on. Delegates would from time to time reference proposals made and discussions had in closed session, but overall, as long as I was looking at the current iteration of the draft documents, I was never left too lost in the woods.
While the scope of this day’s meeting was broader (Sections A, B, E, F, G, and H were all fair game), the actual discussions taking place tended to focus on more minute details of the working of the committee, compared to the previous day’s proceedings. In fact, the majority of the substantive work took place within Section B, on institutional arrangements, or the legal and procedural mechanisms and agreements allowing the committee to operate effectively. The hot topics of the day included determining who shall develop the rules of procedure for the committee, which are the more detailed version of the modalities and procedures being laid out by this document. The distinction between the modalities and procedures and the rules of procedure is important, if only because Parties, seeking to avoid conflict or too much prescription (a common concern of the Canadian delegation), would often decide certain issues should be left for the rules document, which will be adopted by the larger meeting of the Parties to the Paris Agreement (CMA) at a later time. Most countries speaking on the details of the paragraph addressing the when and how of rules adoption preferred to allow the committee to develop its rules of procedure, subject to adoption by the CMA, with a general consensus, most vocally headed by Tuvalu, Argentina (representing itself, Brazil, and Uruguay—name a better trio, I’ll wait), and China, that this ought to be done by CMA 3 in 2020. Mali, representing the African Group, did express a preference that the CMA both develop and adopt the rules of procedure, but something tells me this isn’t a hill any delegation was anxious to die on.
There was a wider set of views concerning the chairpersonship of the committee, which in the contemporary iteration of the text read as the committee electing from among its members two co-chairs for a term of three years, one each from a developing and a developed country. Mali (African Group) supported this as written, but Costa Rica (Independent Association of Latin America and the Caribbean) and Japan expressed the desire to remove the requirement for equity between developed and developing countries. China, known to be very mindful of the importance of this label, sought further clarification on which definition of developed country Party would be used. Australia sought to augment the clause by the addition of a requirement to elect these chairs by consensus, and the EU and Costa Rica (AILAC) both expressed a sticking preference for having a single chair along with one or two vice-chairs. What hard work the co-facilitators must have put in each day to write a text they hoped to appeal to (or disappoint) all Parties equally!
The committee’s existing requirement to begin meeting at least twice a year, starting in 2020 met with urging by the EU and Australia to be amended to once per year. The EU, Argentina (Brazil and Uruguay), and Costa Rica (AILAC) also wished for these meetings to begin in 2019, so that rules of procedure could be developed and the committee could begin its work as the Paris Agreement enters into force. What an exciting (and disappointing) surge (and retreat) of ambition?! The countries were more closely split on whether the committee’s meetings would be public or private by default, with the EU and Australia supporting open meetings, Mali (African Group) and Saudi Arabia supporting closed meetings, and St. Kitts & Nevis opposing the inclusion of such a paragraph in the first place. Thank goodness everyone (Tuvalu, St. Kitts & Nevis, Costa Rica (AILAC), China, Mali (African Group), and Norway) could come together to oppose the paragraph allowing the committee to conduct its work electronically. The beauty of international cooperation truly is immeasurable.
If you thought the highlights of that meeting had you on the edge of your seat, just wait until you hear about the Subsidiary Body for Scientific and Technological Advice’s (SBSTA) informal consultations on emissions from fuel used for international aviation and maritime transport. The attentive reader may note that this was the agenda item held up at the SBSTA opening plenary over whether the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO) had actually been invited to speak or not. Well, guess what issue took up the entirety of the discussion on this item once again! The session began with Singapore raising the all-important and certainly still unanswered question of whether the draft conclusion on the floor really invites the IMO and ICAO to give their reports at SBSTA 50 in 2020. With South Africa’s insistence on the importance of getting a legal opinion, the co-facilitators sent for the UNFCCC Secretariat legal counsel once again to address the elephant in the room. In the signature caustic style of their delegate, Saudi Arabia quickly took to criticizing the trivial nature of this question and asked for its conclusion, as if it hadn’t been the entire reason for the delay in the first place. The co-facilitator denied this request, due to the apparent lack of consensus, reinforced by the EU insisting that the agenda item remain open and the US insisting that we might as well use the previous session’s draft conclusions. Indeed, while most Parties seemed to agree that the topic had been discussed enough already, their lack of agreement on which set of draft conclusions best represented this fact led, perhaps ironically, to the continuation of said discussion. The legal counsel arrived and reinforced the opinion of the SBSTA chair that there was a standing invitation for the IGOs to deliver their reports at SBSTA meetings, regardless of whether such an invitation was reiterated or not by the draft conclusion. Seeking to expedite the consensus-building process, the co-facilitator asked the Parties in the room to go into informal informals. Observers are often kicked out of the room when this begins, but not this time! Of course, as the Parties at this time spoke to one another in circles without the use of microphones, I have no idea what exactly was said, probably by design. Lo and behold, after ten or so minutes of huddling, an agreement was reached and our planet was forever saved from the scourge of unaccounted for maritime and aviation emissions. Just kidding: they couldn’t agree on which draft conclusions to adopt and so no report was produced on this agenda item, as would be lamentingly reported by the SBSTA chair at their closing plenary.
Don’t worry; they’ll meet again next year.