3. A State Party to this Convention is not bound by a protocol unless it becomes a Party to the protocol in accordance with the provisions thereof.

Decision 17 CP.9 includes a recommended draft COP MOP decision which states that credentials from Parties to the Kyoto Protocol would apply for the participation of their representatives in sessions of the COP and the COP MOP, and a single report on credentials would be submitted for approval, following established procedures, by the Bureau of the COP to the COP and to the COP MOP.

Parties to the Protocol will contribute to both, whereas those Parties that have not ratified the Protocol will contribute to the Convention only.

Background Article 13, paragraph 6, of the Kyoto Protocol provides that, following COP MOP 1 Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held every year and in conjunction with ordinary sessions of the Conference of the Parties, unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol .

Under the draft COP MOP 1 decision attached to decision 17 CP.7, the COP MOP will decide that when applying the draft rules of procedure of the Conference of the Parties being applied, it should be understood that

For the purpose of rules 26 and 27, Parties to the Convention that are not Parties to the Kyoto Protocol may exercise the same rights as all other observers.

Rule 9 of the draft rules of procedure being applied provides In agreement with the President, the secretariat shall draft the provisional agenda of each session .

Attached to each of these decisions is a draft decision for adoption by the COP MOP at its first session, in which the COP MOP has been invited to confirm and give full effect to the decisions of the COP.

The proposed draft decision also recommends a draft decision for adoption by the COP MOP which would replace the draft COP MOP decision attached to decision 20 CP.9.

Background The Kyoto Protocol states When the Conference of the Parties serves as the meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a Party to the Convention but, at that time, not a Party to this Protocol, shall be replaced by an additional member to be elected by and from amongst the Parties to this Protocol (Article 13, paragraph 3).

Apart from the designation of operational entities, where the COP MOP has an advisory role, the COP MOP can reverse such technical decisions.

Decisions for adoption by the COP MOP would include previously agreed decisions forwarded by the COP and decisions emerging from the current sessions.

It was hard to imagine parties agreeing to apply the convention in non contracting States and it would be difficult for the courts of a non contracting State to apply the provisions of the convention.

Parties will consider whether to adopt the compliance procedures and mechanisms as a decision of the COP MOP, or as an amendment to the Protocol.

These COP decisions modified the original draft decision forwarded to COP MOP 1

(b) When the parties have agreed that it applies.

During such joint meetings, no decisions will be taken by either the COP or the COP MOP.

CMP.1 Simplified modalities and procedures for small scale afforestation and reforestation project activities under the clean development mechanism in the first commitment period of the Kyoto Protocol and measures to facilitate their implementation (FCCC KP CMP 2005 3 Add.4)

Recommendation of the Conference of the Parties

Draft decision CMP.1.

Decisions concerning the modalities and procedures for a clean development mechanism, as defined in Article 12 of the Kyoto Protocol

Nineteen draft decisions have been forwarded by the COP to the COP MOP for consideration and adoption.

General approach The provisions of these guidelines shall apply to the review of information submitted by Parties included in Annex I under Article 7, relevant decisions of the COP MOP and relevant decisions of the Conference of the Parties (COP) specific to Parties included in Annex I.

The COP was held in conjunction with the first session of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (COP MOP).

7. Calls upon States parties to the Convention to submit in a timely manner their first periodic report, as requested in article 73 of the Convention

Adoption of decisions forwarded by the Conference of the Parties to the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol at its first session

Reports of the subsidiary bodies and decisions and conclusions arising therefrom

CMP.1 Modalities and procedures for afforestation and reforestation project activities under the clean development mechanism in the first commitment period

The Conference of the Parties, at its eleventh session, decided to recommend the following draft decision for adoption by the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol at its first session.

Mandate The Conference of the Parties (COP), by its decision 21 CP.7,1 forwarded a draft decision for adoption by the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (COP MOP) on good practice guidance and adjustments under Article 5, paragraph 2, of the Kyoto Protocol.

Article 16 of the Convention requires that the Conference of the Parties (COP) periodically review the effectiveness of the Convention this review will enable the COP to assess whether Convention requirements are adequate.

7. Calls upon States parties to the Convention to submit in due time their first periodic report, as requested in article 73 of the Convention

Decision of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol to confer privileges and immunities

In the final version of the texts, after adoption by the COP MOP, references in the texts to the various draft decisions will be changed to show the correct decision numbers of the relevant COP MOP decisions.

Proposed programme budget One budget two scales Article 13, paragraph 5, of the Kyoto Protocol provides that the financial procedures of the Convention shall be applied mutatis mutandis under the Kyoto Protocol, except as may be otherwise decided by the COP MOP.

The programme assists country Parties in meeting their obligations under the Convention in accordance with the provisions of the regional implementation annexes and COP decisions.

Nothing in the present Convention shall affect the rights and obligations of States Parties under existing international agreements which relate to matters dealt with in the present Convention as between the parties to those agreements.

The numbering of decisions will be added in the final report of the COP MOP.

Consolidation of the texts on guidance relating to the clean development mechanism (Text S in FCCC KP CMP 2005 3 Add.4) Under decision 17 CP.7, Parties agreed to a prompt start of the CDM and the COP assumed the role of the COP MOP until the entry into force of the Kyoto Protocol.

Background The Kyoto Protocol provides that the rules of procedure of the COP shall be applied, mutatis mutandis, under the Protocol, except as may be otherwise decided by consensus by the COP MOP (Article 13, paragraph 5).

Archive inventory information for each year in accordance with relevant decisions of the COP and or COP MOP.

Compliance Committee Article 18 of the Kyoto Protocol delegates to the COP MOP the task of approving procedures and mechanisms to address non compliance.

The States parties may decide to adopt at the 2005 Meeting of the States Parties an Appeal for Universality of CCW and its annexed Protocols.

The definition is taken from the Vienna Convention on the Law of Treaties.

3 States Parties to the Covenant shall observe the following