TURKEY’S SUBMISSION ON

APA AGENDA ITEM 7

‘Modalities and procedures for the effective operation of the committee to facilitate implementation and promote compliance referred to in Article 15.2 of the Paris Agreement’

Per questions of Co-Facilitators and conclusions proposed by the Co-Chairs, Turkey’s views on APA Agenda Item 7, hereby are stated:

Purpose and nature:

As stated in Article 15 of the Paris Agreement, a mechanism to facilitate implementation of and promote compliance with the provisions of the Paris Agreement is established under this Agreement. The mechanism must be facilitative, expert-based, transparent, non-adversarial and non-punitive. Therefore, the mechanism should not apply penalties or sanctions or be a dispute resolution or judicial mechanism. Also, The Committee should respond to requests from individual Parties or groups of Parties in relation to their own efforts to implement the Agreement.

Specifying the modalities and procedures required for the effective operation of the committee referred to in Article 15, paragraph 2, of the Paris Agreement:

-Preparing rules of procedures on the Compliance Committee’s working methods: Provisions should be set out on the matters of purposes, definitions, place, dates and notice of meetings, officers, agenda, distribution and consideration of information, participation in proceedings of the Committee, conduct business, voting, Secretariat, languages, general procedures for submissions, amendments to the rules of procedures.

-Preparing a text on procedures and mechanisms on compliance under the Paris Agreement: This document should reflect establishment, meetings and role of the Committee, procedure (submissions and proceedings), Committee Reports and sharing information.

Elaborating elements that could be addressed through such modalities and procedures:

-Scope and functions:The reading of the Article 15 of the Paris Agreement clearly states that one mechanism is to;

  • Facilitate implementation of provisions, and
  • Promote compliance with the provisions

of the Paris Agreement.

This reading of the Article 15 also demonstrates some essential points:

First, there are no distinctions between provisions of the Agreement whether they are mandatory or not;

Second, one mechanism must be established for both facilitating implementation and promoting compliance.

-Structure and composition:Turkey supports the idea of facilitating implementation and promoting compliance should be addressed in one lined process under competency of the Committee.With regards to the elements addressed in paragraph 102 of 1/CP.21, gender balanceis one of the critical elements while composing the Committee in accordance with the Preamble of the Paris Agreement.

-Triggers:Turkey interprets that ‘self-trigger’ is the only trigger for achieving the aim and reflects the principles stated in Article 15 of the Agreement. The Party should initiate the mechanism by clearly indicating the Committee’s future role in the process. It might be only facilitating implementation or promotingcompliance with the Agreement or both, if applicable. Turkey also would like to highlight that Article 14 of the Paris Agreement is not an initiation process for Article 15.

-General process aspects: The process must be transparent and the work should be promoted by all actors, except confidential issues and be respectful of sovereign rights of the Parties. This guarantee will strengthen the Committee’s work and facilitate close cooperation between the applicant Party and the Committee.

-National capabilities and circumstances of Parties:National capabilities and circumstances are critical points in the mechanism. Committee may decide to prepare a questionnaire for specifying the Party’s concerns and challenges. This paper also may indicate national circumstances of the applicant Party. Committee also must consider and address that Party’s special circumstances, national and institutional capacities at every stage of the process in accordance with the CBDR-RC principle.

-Participation of the Party concerned:The applicant Party should provide all the information demanded by the Committee. On-site visits or meetings can be held with the Party concerned and the Committee, if deemed necessary.

-Measures and outputs:A final report should be prepared as an output. The findings and the language of the report must reflect the Article 15’s spirit. All reports and other outputs in the system would be used as information and input for the committee’s work. However, the mechanism shouldn’t be an avenue for auditing those inputs. Committee should address all reports and other instruments as sources to demonstrate Party’s challenging areas. The final report must be included of following elements:

  • The main challenging areas of the applicant Party
  • A gap analysis related to the issue to be addressed
  • Endeavors of the applicant Party
  • Previous experiences and lessons learned
  • Project proposals and main outlines of the project, if applicable
  • Other avenues for collaboration with Parties or institutions
  • Recommendations or guidance.

-Relationship to CMA:Final report or output and other works of the Committee should be reported to CMA for providing information on effectiveness of the mechanism. However, language of the reports must reflect facilitative, expert-based, transparent, non-adversarial and non-punitive nature of the mechanism.

Views on how to take the work further under this agenda item in order to ensure that the APA can fulfill its mandate in accordance with decision 1/CP.21, paragraph 103:

A preliminaryworkshop before COP23 for further elaboration of elements under this Agenda Item could assist to take steps forward and to establish linkages between other agenda items. Turkey would be pleased to put further contributions to develop an effective and practical mechanism under the Article 15 of the Paris Agreement.

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