Committee on the Action Plan for the Caribbean

UNITED

NATIONS

Thirteenth Meeting of the Monitoring

Environment Programme and Special Meeting of the

Bureau of Contracting Parties to the Convention for

the Protection and Development of the Marine

Environment of the Wider Caribbean Region

San José, 9 – 13 July 2001

proposed draft Rules (MArch 2001) of procedure of the cep council FOR THE MEETINGS AND CONFERENCES CONVENED WITHIN THE FRAMEWORK OF THE ACTION PLAN FOR THE CARIBBEAN ENVIRONMENT PROGRAMME AND MEETINGS AND CONFERENCES OF THE CONTRACTING PARTIES TO THE CONVENTION FOR THE PROTECTION AND DEVELOPMENT OF THE MARINE ENVIRONMENT OF THE WIDER CARIBBEAN REGION AND TO ITS RELATED PROTOCOLS

Note

This working document contains the last proposals for the rules of procedure of the CEP Council to facilitate their review and the understanding of their evolution. The reader will see that the most recent proposal (Part I of this document) is a compilation of the two past proposals (Part II and III) proposing one single set of rules for both the meetings and conferences convened:

within the framework of the Action Plan for the Caribbean Environment Programme; and for the
Contracting Parties to the Convention for the Protection and Development of the Marine Environment for the Wider Caribbean Region and to its related protocols.

The document numbers are ignored in this note for the need of simplification. The full reference is given on the separator page and on the first page of each part.

Parts II and III were submitted to the Seventh Intergovernmental Meeting on the Action Plan for the Caribbean Environment Programme and Fourth Meeting of the Contracting Parties to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, in Kingston, 12 – 14 December 1994. Decision 13 (Annex V, p.4) recommend that a legal working group submit recommendations on the rules of procedures to the next intergovernmental meeting.

Finally, a new document (Part I) was presented to the Ninth Intergovernmental Meeting on the Action Plan for the Caribbean Environment Programme and Sixth Meeting of the Contracting Parties to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, in Kingston, 14 – 18 February 2000. Decision 2 (Annex IV, p.1) “defer the discussion on the draft rules of procedure for the CEP and for the Cartagena Convention to the Thirteenth Meeting of the Monitoring Committee and Special Meeting of the Bureau of Contracting Parties and request that such meeting refer the relevant recommendations to the Tenth Intergovernmental Meeting of the Caribbean environment Programme and Seventh Meeting of the Contracting Parties to the Cartagena Convention.”

This most recent proposal (Part I) is thus the last version submitted. Comments received will be presented at item 6 of this meeting.

Table Of COntents

PArt I

Proposed draft rules of procedure of the CEP Council for the meetings and conferences convened within the framework of the Action Plan for the Caribbean Environment Programme and meetings and conferences of the Contracting Parties to the Convention for the Protection and Development of the Marine Environment for the Wider Caribbean Region and to its related protocols.

Part II

Suggested modifications to the revised draft rules of procedure for the meetings and conferences convened within the framework of the Action Plan for the Caribbean Environment Programme.

PART III

Suggested modifications to the proposed rules of procedure for the meetings and conferences of the Contracting Parties to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region and to its related protocols.

PART 1

PROPOSED DRAFT RULES OF PROCEDURE OF THE CEP COUNCIL FOR THE MEETINGS AND CONFERENCES CONVENED WITHIN THE FRAMEWORK OF THE ACTION PLAN FOR THE CARIBBEAN ENVIRONMENT PROGRAMME AND MEETINGS AND CONFERENCES OF THE CONTRACTING PARTIES TO THE CONVENTION FOR THE PROTECTION AND DEVELOPMENT OF THE MARINE ENVIRONMENT OF THE WIDER CARIBBEAN REGION AND TO ITS RELATED PROTOCOLS

Taken from UNEP(DEC)/CAR IG.17/6, submitted to the Ninth Intergovernmental Meeting on the Action Plan for the Caribbean Environment Programme and Sixth Meeting of the Contracting Parties to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, in Kingston, 14 – 18 February 2000.

INTRODUCTION...... 1

I. SESSIONS...... 1

Rule 1: Regular Sessions...... 1

Rule 2: Date of Opening of Regular Sessions...... 2

Rule 3: Alteration of Regular Session...... 2

Rule 4: Place of Regular Sessions...... 2

Rule 5: Special Sessions...... 2

Rule 6: Date of Opening of Special Sessions...... 3

Rule 7: Notification of Date of Opening...... 3

Rule 8: Adjournment of Session...... 3

II. AGENDA...... 3

Rule 9: Drawing up of the Provisional Agenda for a Regular Session.3

Rule 10: Communication of the Provisional Agenda...... 4

Rule 11: Supplementary Items...... 4

Rule 12: Adoption of the Agenda...... 4

Rule 13: Allocation of Items...... 5

Rule 14: Provisional Agenda for a Special Session...... 5

Rule 15: Revision of the Agenda...... 5

III. REPRESENTATION AND CREDENTIALS...... 5

Rule 16: Accredited Representative...... 5

Rule 17: Submission of Credentials...... 6

IV. OFFICERS...... 6

Rule 18: Elections...... 6

Rule 19: Terms of Office...... 6

Rule 20: Acting President...... 6

Rule 21: Replacement of the President...... 6

Rule 22: Powers of the Acting President...... 7

Rule 23: Voting Rights of the President...... 7

V. SECRETARIAT...... 7

Rule 24: Representative...... 7

Rule 25: Direct Staff and Agency...... 7

Rule 26: Functions of the Executive Director of

UNEP or Officer Acting on His Behalf...... 7

Rule 27: Oral and Written Statements...... 7

Rule 28: Arrangements and Circulation of Documents...... 8

Rule 29: Duties of the Secretariat...... 8

Rule 30: Estimation of Expenditures...... 8

VI. CONDUCT OF BUSINESS...... 8

Rule 31: Quorum...... 8

Rule 32: Powers of the President...... 9

Rule 33: Authority of the President...... 9

Rule 34: Speeches...... 9

Rule 35: Precedence...... 9

Rule 36: Points of Order...... 9

Rule 37: Time-limit on Speeches...... 9

Rule 38: Closing of List of Speakers...... 10

Rule 39: Adjournment of Debate...... 10

Rule 40: Closure of Debate...... 10

Rule 41: Suspension or Adjournment of the Meeting...... 10

Rule 42: Order of Procedural Motions...... 10

Rule 43: Proposals and Amendments...... 11

Rule 44: Decisions on Competence...... 11

Rule 45: Withdrawal of Motions...... 11

Rule 46: Reconsideration of Proposals...... 11

VII. VOTING...... 11

Rule 47: Voting Rights...... 11

Rule 48: Majority Required and Meaning of the Expression

"Members present and voting"...... 12

Rule 49: Method of Voting...... 12

Rule 50: Recording of Roll Call...... 12

Rule 51: Conduct During Voting...... 12

Rule 52: Division of Proposals or Amendments...... 12

Rule 53: Voting on Amendments...... 13

Rule 54: Voting on Proposals...... 13

Rule 55: Elections...... 13

Rule 56: One or Two Ballots...... 13

Rule 57: Two or More Elective Places...... 13

Rule 58: Equally Divided Votes...... 14

VIII. SESSIONAL COMMITTEES, WORKING PARTIES AND

SUBSIDIARY ORGANS OF THE CEP COUNCIL...... 14

Rule 59: Sessional Committees, Working Parties and

Subsidiary Organs of the CEP Council...... 14

Rule 60: Session Committees and Working Parties...... 14

Rule 61: Sessional Committee Officers...... 15

Rule 62 a: Subsidiary Organs of the CEP Council and

Expert Groups...... 15

Rule 62 b: Monitoring Committee...... 15

Rule 62 c: Meeting of Experts...... 15

Rule 62 d: Advisory Panel and Ad Hoc Group of Experts Meetings...16

IX. LANGUAGES AND RECORDS...... 16

Rule 63: Languages and Interpretation...... 16

Rule 64: Languages and Distribution of Resolutions,

Other Formal Decisions and Documents...... 16

Rule 65: Records of Meetings...... 17

X. PUBLIC AND PRIVATE MEETINGS...... 17

Rule 66: Public Access to Meetings...... 17

XI. PARTICIPATION OF STATES NOT MEMBERS OF THE

CEP COUNCIL...... 17

Rule 67: Participation of States Not Members of the CEP Council...17

XII. PARTICIPATION OF THE APPROPRIATE UNITED NATIONS BODIES, NATIONAL AND TECHNICAL FOCAL POINTS OF CEP, FOCAL POINTS OF THE UNITED NATIONS, SPECIALISED AGENCIES AND OTHER INTERGOVERNMENTAL

ORGANISATIONS...... 17

Rule 68: Participation of the Appropriate United Nations bodies, National and Technical Focal points of CEP, Focal Points of the United Nations, Specialised Agencies and Other Intergovernmental Organisations 17

XIII. OBSERVERS OF INTERNATIONAL......

NON GOVERNMENTAL ORGANISATIONS...... 18

Rule 69: Observers of International Non-Governmental

Organisations...... 18

XIV. AMENDMENTS AND SUSPENSIONS......

OF RULES OF PROCEDURE...... 18

Rule 70: Amendments and Suspensions of Rules of Procedure.....18

Rule 71: Amendments...... 18

Rule 72: Suspensions...... 18

UNEP(DEC)/CAR IG.17/6

Page 1

PROPOSED DRAFT RULES OF PROCEDURE OF THE CEP COUNCIL FOR THE MEETINGS AND CONFERENCES CONVENED WITHIN THE FRAMEWORK OF THE ACTION PLAN FOR THE CARIBBEAN ENVIRONMENT PROGRAMME

AND MEETINGS AND CONFERENCES OF THE CONTRACTING PARTIES

TO THE CONVENTION FOR THE PROTECTION AND DEVELOPMENT

OF THE MARINE ENVIRONMENT OF THE WIDER CARIBBEAN

REGION AND TO ITS RELATED PROTOCOLS

INTRODUCTION

The rules of procedure of the UNEP Governing Council are contained in document UNEP/GC/3/Rev.3, as amended.

Following an application of these rules, mutatis mutandis, by the Intergovernmental Meetings on the Action Plan for the Caribbean Environment Programme (IGM) and the Meetings of the Contracting Parties to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean (Cartagena Convention), the participating States in the Fifth IGM and the Second Meeting of the Contracting Parties to the Cartagena Convention have decided to request the Secretariat to prepare a Revised Draft of the Proposed Rules of Procedure for the Caribbean Environment Programme (UNEP/(OCA)/CAR IG.6/6).

The Proposed Draft Rules of Procedure for the Caribbean Environment Programme (CEP) are submitted pursuant to the aforementioned request. For ease of reference, the draft rules of procedure are based on the Rules of Procedure of the UNEP Governing Council as well as the Suggested Modifications to the Revised Draft Rules of Procedure for the Meetings and Conferences Convened within the Framework of the Action Plan for the Caribbean Environment Programme (UNEP(OCA)/CAR IG.11/4) and Suggested Modifications to the Proposed Rules of Procedure for the Meetings and Conferences of the Contracting Parties to the Convention for the Protection and Development of the Marine Environment of The Wider Caribbean Region and to its Related Protocols (UNEP(OCA)/CAR IG. 11/5) (the two sets of rules are referred to as "the Proposals" in footnotes[i]).

I.SESSIONS

Rule 1: Regular Sessions

The Caribbean Environment Programme Council (hereinafter "the CEP Council" shall normally hold one regular session every two years.[ii]

Rule 2: Date of Opening of Regular Sessions

Each regular session of the CEP Council shall be held, subject to the provisions of rule 3, at a date fixed by the CEP Council at its previous session.

Rule 3: Alteration of Regular Session

Three[iii] members of the CEP Council or the Executive Director of the United Nations Environment Programme (UNEP) or any officer designated to act on his behalf[iv] may request an alteration of the date of a regular session. In either case, the Executive Director of UNEP or any officer designated to act on his behalf shall forthwith communicate the request to the other members of the CEP Council, together with appropriate observations, including financial implications, if any. If within twenty one days of the inquiry a majority of the members of the CEP Council explicitly concurs in the request, the Executive Director of UNEP or any officer designated to act on his behalf shall convene the CEP Council accordingly.

Rule 4: Place of Regular Sessions

Regular sessions shall be held at the Headquarters of the Regional Co-ordination Unit for the Caribbean Action Plan of the United Nations Environment Programme (UNEP-CAR/RCU) unless otherwise decided by the CEP Council at a previous session.

Rule 5: Special Sessions

Special sessions shall be held pursuant to a decision taken by the CEP Council at a regular session, or at the request of:

(a) A majority of the members of the CEP Council;

(b) The Economic Commission for Latin America and the Caribbean.[v]

2.Special sessions may also be requested by:

(a)Three[vi] United Nations Member States in the Wider Caribbean Region whether or not they are members of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region ("Cartagena Convention") and its Protocols.

(b)The President of the CEP Council with the concurrence of the other members of the Bureau of the CEP Council and in consultation with the Executive Director of UNEP or any officer acting on his behalf.

(c)The Executive Director of UNEP or any officer acting on his behalf.[vii]

In such cases, the Executive Director of UNEP or any officer designated to act on his behalf shall immediately inform all members of the CEP Council of the request, as well as of the approximate costs and relevant administrative considerations, and shall inquire whether they concur in it. If within twenty one days of the inquiry a majority of the members of the CEP Council explicitly concurs in the request, the Executive Director of UNEP or any officer designated to act on his behalf shall convene a special session of the CEP Council.

Rule 6: Date of Opening of Special Sessions

Special sessions of the CEP Council shall normally be convened within forty two days[viii] of the receipt by the Executive Director of UNEP or any officer designated to act on his behalf of a request for such a session, at a date and place fixed by the President of the CEP Council in consultation with the Executive Director of UNEP or any officer designated to act on his behalf, taking into account such observations as may have been made in the request for a special session.

Rule 7: Notification of Date of Opening

The Executive Director of UNEP or any officer designated to act on his behalf shall communicate the date of the first meeting of each session to all United Member States in the Wider Caribbean Region, the Chairmen of subsidiary organs of the Governing Council of UNEP, the appropriate United Nations bodies, National and Technical Focal points of CEP, Focal Points of the United Nations, the inter governmental organisations referred to in rule 68 below and the international non governmental, organisations referred to in rule 69 below. Such notification shall be sent:

(a)In the case of a regular session, at least forty two days in advance[ix];

(b)In the case of a special session, at least fourteen days in advance of the date fixed in accordance with rule 6 above[x].

Rule 8: Adjournment of Session

The CEP Council may decide at any session to adjourn temporarily and resume its meetings at a later date.

II.AGENDA

Rule 9: Drawing up of the Provisional Agenda for a Regular Session

1.The Executive Director of UNEP or any officer designated to act on his behalf shall submit to the CEP Council at each regular session the provisional agenda for the following regular session. The provisional agenda shall include all items proposed by:

(a)The CEP Council;

(b) A United Nations Member State of the Wider Caribbean Region;

(d) The Economic Commission for Latin America and the Caribbean.[xi]

2.Items proposed under (b) above shall be accompanied by an explanatory memorandum and, if possible, by basic documents which shall be submitted to the Executive Director of UNEP or any officer designated to act on his behalf at least forty nine days prior to the opening of the session.

3.In drawing up the provisional agenda, the Executive Director of UNEP or any officer designated to act on his behalf shall take account of suggestions made by Government designated meetings of United Member States in the Wider Caribbean Region, the Chairmen of subsidiary organs of the Governing Council of UNEP, the appropriate United Nations bodies, National and Technical Focal points of CEP, Focal Points of the United Nations, or the Intergovernmental organisations referred to in rule 68 below. He shall also consider suggestions from the international non-governmental organisations referred to in rule 69 below.

Rule 10: Communication of the Provisional Agenda

After the CEP Council has considered the provisional agenda for the following session, the provisional agenda, incorporating any amendments made by the CEP Council, shall be communicated by the Executive Director of UNEP or any officer designated to act on his behalf to all United Nations Member States in the Wider Caribbean Region, the Economic Commission for Latin America and the Caribbean, the appropriate United Nations bodies, National and Technical Focal Points of CEP, Focal Points of the United Nations, the Intergovernmental organisations referred to in rule 68 below and the international non governmental, organisations referred to in rule 69 below.

Rule 11: Supplementary Items

The inclusion of supplementary items in the provisional agenda considered by the CEP Council may be proposed by any authority entitled to propose items under paragraph 1 of rule 9. The request for inclusion of a supplementary item shall be supported by a statement from the authority proposing it. The Executive Director of UNEP or any officer designated to act on his behalf shall communicate to the CEP Council any requests for the inclusion of supplementary items received before the commencement of the regular session, together with such observations as he may wish to make.

Rule 12: Adoption of the Agenda

1.At the beginning of each regular session, subject to the provisions of rule 15 and after the election of officers when required under rule 18, the CEP Council shall adopt its agenda for the session on the basis of the provisional agenda and any supplementary items proposed in accordance with rule 11.

2.A United Nations Member State of the Wider Caribbean Region or body which has requested the inclusion of an item in the agenda under rule 9 or 11 above shall be entitled to be heard by the CEP Council on the inclusion of the item in the agenda for the session.

3.The CEP Council shall normally include in its agenda for the session only items for which adequate documentation has been circulated to members at least forty two days before the beginning of the regular session of the CEP Council.