International Environmental Governance: Multilateral Environmental Agreements

International Environmental Governance: Multilateral Environmental Agreements (MEAs)

(Note: This is an HTML reprint of the original document, which can be downloaded from the UNEP Web site, a very large file which includes the annexes of raw survey data which have been omitted here.)

MEETING OF THE OPEN-ENDED INTERGOVERNMENTAL
GROUP OF MINISTERS OR THEIR REPRESENTATIVES
ON INTERNATIONAL ENVIRONMENTAL GOVERNANCE
New York, 18 April 2001

A. Development of MEAs 2
B. Scope of the Core Environmental Conventions and Related International Agreements 3
C. The Legal Framework of the Core MEAs 8
D. Institutional and Governance Structure 10
E. Functions and Operations of MEA Secretariats 15
F. Partnerships with International Organizations 18
G. Cooperative Agreements between MEAs 19
H. Participation of Civil Society in the Implementation of MEAs 21
I. Other Global Conventions Relevant to the Environment, Including Regional Conventions of Global Significance 22

A. Strengths 27
B. Weaknesses 28
C. The Role of UNEP in Preparing a Consolidated Overview of the Effectiveness of Implementation of MEAs 30

A. Sources of Funding for MEAs 31
B. Administration of MEA Funds 33
C. Funding MEA Secretariats, Programmes and Activities 34

1. This report on the status of Multilateral Environmental Agreements (MEAs) (hereafter referred to as the MEAs Report) has been prepared as an input to the UNEP Executive Director's Report on International Environmental Governance in pursuance of UNEP Governing Council decision 21/21. The paper is meant to be descriptive and not prescriptive concerning international environmental governance as it relates to MEAs. In chapter IV we have taken the opportunity to summarize proposals presented by MEA secretariats concerning challenges and problems facing environmental conventions and related international agreements. These are presented in the form of recommendations.

2. The 9^th Meeting on Coordination of Secretariats of Environmental Conventions, convened by the Executive Director of UNEP in Nairobi from 11 to 12 February 2001, agreed on a process for involving MEAs in the follow-up to UNEP Governing Council decision 21/21, including a meeting of MEAs immediately following the first meeting of the Intergovernmental Group of Ministers that will review this paper in New York on 18 April 2001. Consequently, the elaboration of options concerning improved international environmental governance will be addressed more appropriately in subsequent drafts or papers.

3. The MEAs Report is based on information submitted by twenty MEA Secretariats in the form of responses to a questionnaire which was agreed upon at the 9^th Meeting on Coordination of Secretariats of Environmental Conventions. This meeting was attended by representatives of the secretariats of the following 13 global MEAs and 3 regional seas conventions and action plans: the Convention on Biological Diversity (CBD), the United Nations Framework Convention on Climate Change (UNFCCC), the United Nations Convention to Combat Desertification (UNCCD), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat, the Convention on Migratory Species (CMS), the World Heritage Convention, the Vienna Convention for the Protection of the Ozone Layer, the Montreal Protocol on Substances that Deplete the Ozone Layer, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the Rotterdam Convention on the Prior Informed Consent Principle for Certain Hazardous Chemicals and Pesticides in International Trade, the future Stockholm Convention on Persistent Organic Pollutants, the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities (GPA), the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, the Cartagena Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region and the South Asian Cooperative Environment Programme (SACEP). In addition to these 16 Secretariats, four other independent regional agreements developed under CMS, namely, the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA), the Agreement on the Conservation of Bats in Europe (EUROBATS), the Agreement on the Conservation of Cetaceans of the Black Sea, the Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS) and the Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS), provided responses to the questionnaire. Subsequently, comments were requested from the twenty MEA secretariats on chapters I-IV of this report. Fifteen provided their views on chapters I-IV plus additional information not contained in their responses to the questionnaire.

4. Today there are over 500 international treaties and other agreements related to the environment, of which over 320 are regional. Nearly 60 percent date from 1972, the year of the Stockholm Conference, to the present. Since 1972, there has been an accelerated increase in MEAs; over 300 agreements were negotiated.

5. In this report, MEAs are divided into three categories: (a) core environmental conventions and related agreements of global significance whose negotiation, development and/or activities have been associated with UNEP’s work, which is further reflected in a number of Governing Council decisions dating back to the establishment of UNEP; (b) global conventions relevant to the environment, including regional conventions of global significance that were negotiated independently of UNEP and (c) others, largely restricted by scope and geographic range. The first category of MEAs is the focus of the MEAs Report; these are listed in Table 1.

6. The core environmental conventions and related international agreements are basically divided into five clusters: the biodiversity-related conventions, the atmosphere conventions, the land conventions, the chemicals and hazardous wastes conventions, and the regional seas conventions and related agreements. The objectives and priorities of MEAs vary significantly from one agreement to another, even within a cluster. The common aspects include the sustainable development focus of the three Rio Conventions (CBD, UNCCD and UNFCCC), the sustainable use of natural resources and the environment, or the protection of the environment in such a way as to ensure its sustainable use. None of the core environmental agreements are exclusively oriented to protection and conservation.

7. Given the different stages of implementation of the core MEAs, the variation in priorities is quite broad. There are crosscutting priorities for many that are primarily of a functional nature, such as strengthening of the capacities of Parties or member states to meet their obligations or responsibilities under these agreements, enhancing membership of governments, public education and awareness, strengthened scientific basis for decision-making, and strengthened international partnerships. One of the most important thematic crosscutting issues is the assessment and management of pollution, which cuts across the chemicals and hazardous wastes conventions, some biodiversity-related conventions and the regional seas conventions and related agreements.

8. Of the 41 MEAs listed in Table 1, all but 6 are legally binding instruments. Sixteen are framework conventions such as UNFCCC, CBD, the Basel Convention and the Barcelona Convention that can develop protocols for addressing specific subjects requiring more detailed and specialized negotiations. Eight are self-contained conventions that work through annexes or appendices, rather than protocols, which are revised periodically through the decisions of the Conferences of the Contracting Parties (COPs) of the respective MEAs. These include CITES, the World Heritage Convention, the Lusaka Agreement, UNCCD, the Rotterdam Convention, the Stockholm Convention, the Helsinki Convention for the Protection of the Marine Environment of the Baltic Sea Area and the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR). CMS is the only MEA that operates like an umbrella convention. It has fostered 5 independent regional treaties—the Agreement on the Conservation of Seals in the Wadden Sea, EUROBATS, ASCOBANS, ACCOBAMS and AEWA, all of which continue to work closely with CMS. Although the agreements concluded under the auspices of CMS are self-standing international legal instruments, they are also the primary means of implementing the goals of the parent convention. CMS has also developed 3 Memoranda of Understanding (MOUs) and 1 Action Plan with Party-Range States that operate as "soft law" instruments for the conservation and management of selected migratory species.

9. The regional seas conventions and action plans have the distinction of being closely, and in some cases systematically, linked to global conventions and agreements, and are proving to be useful regional instruments in supporting their implementation.

10. The 6 MEAs that are not legally binding are all oceans-related agreements, of which two are global in nature—the GPA and ICRI—and 4 are regional seas programmes—South Asian Seas Programme (SAS), the North-West Pacific Action Plan (NOWPAP), the East Asian Seas Action Plan (EAS) and the Protection of the Arctic Marine Environment (PAME), which receives its mandate from a non-legally binding declaration, adopted in 1996 by the 8 Arctic States. The three other regional seas programmes operate with action plans that were adopted in intergovernmental meetings by the respective member states.

11. MEAs adopted after 1972 generally have the following institutional elements: a Conference of the Parties (COP), a secretariat, advisory bodies, a clearing-house mechanism and a financial mechanism. The Conference of the Parties (COP) of each convention or the Meeting of the Parties (MOP) of a protocol to a convention are the ultimate decision-making bodies regarding the overall implementation and development of their respective MEA, including the programme of work, budget and the revision of annexes, where applicable. An important function of the COP is the adoption of protocols and annexes. The bureaus of the COPs and MOPs of several conventions (Vienna Convention, CBD, UNCCD) and protocols (Montreal Protocol) meet intersessionally to discuss matters within their bureau mandates. Most non-binding agreements (SAS, NOWPAP and EAS) also have intergovernmental bodies for decision making. Most MEAs have established or are associated with subsidiary bodies and assessment bodies that are generally advisory in nature and present their recommendations to the COP or MOP of the respective agreement. Several MEAs have clearing-houses, generally operated by the secretariats, to promote and facilitate technical and scientific cooperation or facilitate the exchange of scientific, technical, environmental and legal information and assist developing country Parties in the implementation of the MEA concerned. A few conventions (Basel Convention) have established or are in the process of establishing regional centres. The purposes of these centres range from training and technology transfer, to the provision of assistance in the implementation of the MEA. Corporate or Business Plans and strategic plans that form the basis for MEA implementation and governance are periodically adopted under most MEAs. Practically all of the newer MEAs that have not entered into force or have only recently entered into force are yet without corporate or business plans.

12. While the scope and mandate of MEA secretariats can vary, from a functional point of view they can be divided into two categories: (a) secretariats that prepare and service the meetings of the COPS and their subsidiary bodies and coordinate with other international organizations (UNFCCC, the Montreal Protocol, CBD, the Ramsar Convention, CMS, AEWA, ASCOBANS, EUROBATS, the Rotterdam Convention and the Stockholm Convention); and (b) secretariats that, while carrying out the functions of the first category, are also involved in implementing programmes or projects at the regional and country levels (WHC, CITES, the Basel Convention, the UNCCD, the GPA and regional seas conventions and action plans). An important function of most secretariats is the monitoring and evaluation of the implementation of their MEA, proposing formats for national reports, receiving and analyzing reports submitted, and providing the COP or MOP with syntheses of the information contained in national reports.

13. All MEAs and their secretariats work to different degrees with other international organizations that support the implementation of their convention or protocol. Some have formal arrangements with defined roles for organizations that act as advisory bodies on specific issues and in providing training. Most MEAs have voluntary cooperative arrangements with international organizations, NGOs and bilateral donor agencies, or collaboration arrangements called for by COPs on specific issues.

14. The last two years has seen a marked rise in cooperation through both formal and informal arrangements between conventions, signaling a period of increasing political will for MEAs to collaborate more closely in the implementation of the programmes of work of their respective agreements. However, this has been concentrated principally in two clusters: the biodiversity-related conventions and the regional seas conventions and action plans.

15. In most conventions, NGOs, private industry, civic groups, local communities and indigenous groups are invited and allowed to participate in the deliberations of the Parties. However, in some cases this does not necessarily apply to meetings that are not open-ended such as those of technical expert groups and liaison groups. Some secretariats maintain regular contacts with civil society organizations for exchange of information and views, receipt of documentation and preparation of background papers. Some also work with civil society groups and private industry in the implementation of activities. Conventions recognize the involvement of all relevant stakeholders as fundamental. Examples of roles being played by the major groups of the civil society in the implementation of MEAs include: (a) providing technical knowledge; (b) awareness raising; (c) assisting the secretariat in communicating with non-parties; (d) promoting implementation in the field; (e) gathering and transmitting information about possible non-compliance; (e) implementation of relevant national policies; (f) pressuring governments to implement the MEAs; and (g) participating in the decision making process.

16. In the responses to the questionnaire, MEA secretariats identified a number of strengths and weaknesses such as the following.

III. Financing International Environmental Governance: the Situation of MEAs

18. The operation of MEAs, including their Secretariat costs and funding for their programme of work, are financed through various means: (a) the use of traditional trust funds, one or more of which may be established by an MEA, some for specialised purposes; (b) other multilateral financing mechanisms intended to address specific subject areas (the Multilateral Fund for the Montreal Protocol (MLF), the Global Environment Fund (GEF), and the Kyoto Protocol climate-related mechanisms), the World Bank and regional development banks; (c) bilateral arrangements with donor countries; (d) foundations such as the UN Foundation; (e) private sector donors; and (f) NGOs.

19. Traditional trust funds are generally administered by the international organisations that provide the Secretariats. These organisations have the responsibility of effectively managing the resources of the MEAs, and may assist them in programming, budgeting, accounting and meeting all their financial reporting requirements. For UNEP-administered conventions, UNEP serves as the Trustee. Most MEAs have agreed financial rules adopted by the Parties, and financial rules and regulations are strictly applied to trust funds. Trustees are able to provide guidelines for the transactions and accounts of the conventions and agreements, including systems and facilities that allow MEAs to undertake their programmatic activities effectively. Budgets are proposed by the Secretariats and approved by the conferences or meetings of the Parties. Activities should be in line with the contributions to their trust funds. The accounts and finances of the MEAs and their Secretariats are audited and reported.

20. Further analysis on the funding of MEAs will be undertaken subject to the provision of additional information from secretariats and the completion of the information contained in Table 5.

21. In responding to the questionnaire, views were presented that lead to some general recommendations for improving international environmental governance. Most proposals for enhancing international environmental governance focused on coordination among MEAs on substantive grounds and not along restructuring at the institutional level.

22. Some thought has to be given to the enhancement of collaboration with the conventions relevant to the environment that are listed in Table 4. Most of these conventions have secretariats provided by basically 5 organizations of the UN system: (a) IMO; (b) the UN General Secretariat; (c) FAO; (d) ILO; and (e) IAEA. Of the 41 core environmental conventions, protocols and related international agreements in Table 1, UNEP provides the secretariat for 22 and has working relationships with all the core environmental conventions, albeit to different degrees. The possibility of establishing an interagency mechanism for promoting and facilitating collaboration among MEAs and relevant international conventions, comprised of these six organizations, could be explored.

23. Specific options for improved international environmental governance will be considered in follow-up consultations with MEAs.

1. The Malm� Ministerial Declaration, adopted on 31 May 2000 at the First Global Ministerial Environment Forum convened by the United Nations Environment Programme (UNEP), calls for the 2002 review of the implementation of the outcome of the United Nations Conference on Environment and Development (UNCED) to "review the requirements for a greatly strengthened institutional structure for international environmental governance based on an assessment of the future needs for an institutional architecture that has the capacity to effectively address wide-ranging environmental threats in a globalizing world."

2. Subsequently, the Governing Council of UNEP at its 21^st session, in operative paragraph 2 of decision 21/21 decided "to establish an open-ended Intergovernmental Group of ministers or their representatives, with the Executive Director as an ex-officio member, to undertake a comprehensive policy-oriented assessment of existing institutional weaknesses as well as future needs and options for strengthened international environmental governance, including the financing of UNEP, with a view to presenting a report containing analysis and options to the next meeting of the Global Ministerial Environmental Forum".

3. Operative paragraph 4 of this decision also "requests the Executive Director, in consultation with governments to review the state of international environmental governance and elaborate a report to be submitted to the Intergovernmental Group at its first meeting", which will take place in April 2001 in New York during the 9^th session of the Commission on Sustainable Development.

4. The Governing Council through the same decision, in operative paragraph 6 further "decides that the next meeting of the Global Ministerial Environmental Forum should undertake in depth discussion of the report with a view to providing its input on future requirements of international environmental governance in the broader context of multilateral efforts for sustainable development to the 10^th session of the Commission on Sustainable Development acting as the preparatory body for the World Summit on Sustainable Development at its meeting at the Ministerial level in May 2002 as a contribution to the WSSD".

5. The 9^th Meeting of Coordination of Conventions convened by the Executive Director of UNEP in Nairobi from 11 to 12 February 2001, analyzed and agreed upon the information to be provided by the secretariats of environmental conventions and related agreements to UNEP for the preparation of the report referred to above in operative paragraph 4. The meeting was attended by representatives of the secretariats of the following 13 global MEAs and 3 regional seas conventions and action plans: the Convention on Biological Diversity (CBD), the United Nations Framework Convention on Climate Change (UNFCCC), the United Nations Convention to Combat Desertification (UNCCD), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat, the Convention on Migratory Species (CMS), the World Heritage Convention, the Vienna Convention for the Protection of the Ozone Layer, the Montreal Protocol on Substances that Deplete the Ozone Layer, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the Rotterdam Convention on the Prior Informed Consent Principle for Certain Hazardous Chemicals and Pesticides in International Trade, the future Stockholm Convention on Persistent Organic Pollutants, the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities (GPA), the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, the Cartagena Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region and the South Asian Cooperative Environment Programme (SACEP).

6. It was agreed that the report should concentrate primarily on the status of the environmental conventions and related international agreements. It was also agreed that the secretariats would be given the opportunity to present their views on problems and challenges that they perceive regarding international environmental governance, but that, given the early stage in the assessment process, this was not as important as the provision of the information on the status of these multilateral environmental agreements (MEAs).

7. The 9^th Meeting agreed that the information required should be requested by UNEP from the secretariats in the form of a questionnaire containing the elements agreed to in the meeting. The responses are contained in Annexes 1 to 20 of this paper. In addition to receiving responses from the 16 secretariats that participated in the meeting, four other independent regional agreements developed under CMS provided responses to the questionnaire.

8. The 9^th Meeting on Coordination of Conventions also agreed on an overall process for involving MEAs in the follow-up to UNEP Governing Council decision 21/21, including the review of this paper. Subsequently, comments were requested from the twenty MEA secretariats on chapters I-III of this report, with thirteen providing their views plus additional information not contained in their responses to the questionnaire. Immediately following the first meeting of the Intergovernmental Group of ministers or their representatives that will review this paper (New York, 18 April 2001), a meeting of MEAs will be convened by the Executive Director of UNEP at the same venue to discuss follow-up.

9. The earliest multilateral treaty related to the environment dates back to 1868. Since then, the number has risen to at least 502 international treaties and other agreements related to the environment, of which 323 are regional. Nearly 60 percent, or 302, date from 1972, the year of the Stockholm Conference, to the present.

10. Many of the earlier MEAs were restricted in scope to specific subject areas, e.g., certain species of marine wildlife, selected chemicals, and quarantine procedures for plants and animals, among others, and were regional in focus. The largest cluster of pre-1972 MEAs, albeit very disjointed, accounting for 40% of the total were the biodiversity-related agreements, with one-half dealing with marine wildlife and three-fourths being regional in character. Four global agreements which today continue to be of major relevance to Governments are the International Convention for the Regulation of Whaling (1946), the International Plant Protection Convention (1951, revised in 1979 and 1997), the Convention on Fishing and Conservation of the Living Resources of the High Seas (1958) and the Ramsar Convention (1971). Another large cluster, with several MEAs also in the first cluster, dealt with the marine environment, accounting for one-fourth of the total. Particularly significant in this cluster were the International Maritime Organization (IMO) conventions and amendments on marine pollution (see Table 2) adopted between 1954 and 1971. A third but smaller cluster of approximately 20 global and regional conventions addresses nuclear energy, testing of nuclear weapons and nuclear radiation. Agreements were negotiated in a few international freshwater basins, mainly in Europe and Africa. Conspicuous in their absence or paucity in the years before 1972 are MEAs dealing with land degradation, atmosphere and chemicals and hazardous wastes, with all but a few being regional in character.

11. The period 1972 to the present witnesses an accelerated increase in MEAs. Of the 302 agreements negotiated, 197, or nearly 70%, are regional in scope, as compared to 60% for the earlier period. The emergence of regional integration bodies concerned with the environment in regions such as Europe and Central America has contributed to this trend. In many cases, regional MEAs are closely linked to global MEAs. Of greatest impact has been the emergence of the 17 multisectoral regional seas conventions and action plans that account for 46 conventions, protocols, amendments and related agreements (see Table 1). By far the largest cluster of MEAs is related to the marine environment, accounting for over 40% of the total, and is distinguished by the United Nations Convention on the Law of the Sea (UNCLOS) (1982), new IMO marine pollution conventions and protocols (see Table 2), the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (1995), as well as the regional seas MEAs and regional fisheries conventions and protocols. Biodiversity-related conventions form a second important but smaller cluster, including most of the key global conventions: the Convention concerning the Protection of the World Cultural and Natural Heritage (1972), CITES (1973), CMS (1979) and its associated Agreements and CBD (1992). As in the earlier period, the cluster of nuclear-related MEAs remains important with the addition of 9 global conventions and protocols and several regional agreements.

12. Unlike the pre-1972 period, two new important clusters of MEAs emerge: the chemicals and hazardous wastes conventions that are primarily of a global nature, and the atmosphere-related conventions. Several of the first are Industrial Labor Organization (ILO) conventions that address occupational hazards in the workplace. Most recently, we have the adoption of the Rotterdam Convention (1998) and it is expected that the new POPs convention will be adopted in Stockholm in May 2001. At the forefront of the atmosphere/energy-related conventions is the Vienna Convention for the Protection of the Ozone Layer (1985) and its Montreal Protocol (1987) and the UNFCCC (1992). MEAs for international freshwater basins are historically the most difficult to negotiate. A number of conventions and protocols have been adopted, but are concentrated in 6 and 4 international freshwater basins in Europe and Africa respectively.

13. From a combined global and regional perspective, the resultant proliferation of MEAs has placed an increasing burden on Parties and member states to meet their collective obligations and responsibilities to implement environmental conventions and related international agreements. For example, according to the European Environment Agency, European Community countries are Parties to as many as 65 global and regional environmental conventions and agreements.

14. For the purposes of this paper, multilateral treaties are divided into three categories: (a) core environmental conventions and related agreements of global significance whose negotiation, development and/or activities have been associated with UNEP’s work, which is further reflected in a number of Governing Council decisions dating back to the establishment of UNEP; (b) global conventions relevant to the environment, including regional conventions of global significance that were negotiated independently of UNEP and (c) others, largely restricted by scope and geographic range. The first are listed in Table 1 and the second in Table 4. Regional seas conventions and action plans have been included in the first category since together they serve as a global mosaic for addressing a wide spectrum of environmental issues in oceans and coastal areas and because of their direct linkages in supporting the implementation of several global MEAs. Likewise, regional fisheries conventions have been included in the second category since they are also a global mosaic for addressing the development and management of fisheries, although they lack the programmatic and institutional characteristics that are commonly shared by regional seas conventions and action plans. The focus of this paper as regards MEAs will be on the first category. Linkages between the first and second categories of agreements will be highlighted later in the paper. While the latter category, which make up three-fourths of the multilateral agreements, are important, it is not practical to consider them in this paper, given their more limited focus.

B. Scope of the Core Environmental Conventions and Related International Agreements

15. The core environmental conventions and related international agreements are basically divided into five clusters: the biodiversity-related conventions, the atmosphere conventions, the land conventions, the chemicals and hazardous wastes conventions, and the regional seas conventions and related agreements. Although the Vienna Convention is an atmospheric agreement, its Montreal Protocol could also be considered a chemicals agreement since it deals with the phasing out of the production and consumption of selected chemicals.

Table 1 Core Environmental Conventions and Related Agreements of Global Significance
MEA	Date adopted	Secretariat
Atmosphere Conventions:
1. United Nations Framework Convention on Climate Change (UNFCCC)	1992	UN
2. Kyoto Protocol to the United Nations Framework Convention on Climate Change	1997	UN
3. Vienna Convention for the Protection of the Ozone Layer	1985	UNEP
4. Montreal Protocol on Substances that Deplete the Ozone Layer	1987	UNEP
Biodiversity-related Conventions:
5. Convention on Biological Diversity	1992	UNEP
6. Cartagena Protocol on Biosafety to the Convention on Biological Diversity	2001	UNEP
7. Convention on International Trade in Endangered Species (CITES)	1973	UNEP
8. Convention on Migratory Species (CMS)	1979	UNEP
9. Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA)¹	1995	UNEP
10. Agreement on the Conservation of Bats in Europe (EUROBATS)¹	1991	UNEP
11. Agreement on the Conservation of Cetaceans of the Black Sea, the Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS)¹		ACCOBAMS Sec.
12. Agreement on the Conservation of Seals in the Wadden Sea¹	1990	Ind. Sec.
13. Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS)¹	1991	UNEP
14. Ramsar Convention on Wetlands	1971	IUCN
15. World Heritage Convention	1972	UNESCO
16. International Coral Reef Initiative (ICRI)	1995	ICRI Sec
17. Lusaka Agreement on Cooperative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora	1994	KWS
Chemicals and Hazardous Wastes Conventions:
18. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal	1989	UNEP
19. Basel Ban Amendment	1995	UNEP
20. Basel Protocol on Liability and Compensation	1999	UNEP
21. Rotterdam Convention on the Prior Informed Consent Principle for Certain Hazardous Chemicals and Pesticides in International Trade	1998	UNEP/ FAO
22. Future Stockholm Convention on Persistent Organic Pollutants	2001	UNEP²
Land Conventions:
23. United Nations Convention to Combat Desertification	1992	UN
Regional seas conventions and related agreements³
24. Global Programme of Action for the Protection of the Marine Environment from Land-based Activities	1995	UNEP
25. Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona)	1976	UNEP
26. Kuwait Regional Convention for Cooperation on the Protection of the Marine Environment from Pollution	1978	ROPME⁴
27. Convention for Cooperation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region (Abidjan)	1981	UNEP
28. Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific (Lima)	1981	CPPS⁴
29. Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment (Jeddah)	1982	PERSGA⁴
30. Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena)	1983	UNEP
31. Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region (Nairobi)	1985	UNEP
32. Convention for the Protection of the Natural Resources and Environment of the South Pacific Region (Noumea)	1986	SPREP⁴
33. Convention for the Protection of the Marine Environment of the Baltic Sea Area (Helsinki)	1992	HELCOM⁴
34. Convention on the Protection of the Black Sea from Pollution (Bucharest)	1992	BSEP⁵
35. Convention for the Protection of the Marine Environment of the North-East Atlantic	1992	OSPAR⁵
36. Draft Convention for the Protection and Sustainable Development of the Marine and Coastal Environment of the Northeast Pacific⁵		UNEP²
37. Draft Convention for the Protection of the [Marine] [Environment] of the Caspian Sea⁵
38. The East Asian Seas Action Plan	1981	UNEP
39. Protection of the Arctic Marine Environment	1991	PAME⁶
40. The Northwest Pacific Acton Plan (NOWPAP)	1994	UNEP
41. South Asian Seas Action Plan	1995	SACEP⁴

¹The 17 regional seas conventions and action plans are a global mosaic of agreements with one over-arching objective: the protection and sustainable use of marine and coastal resources. Protocols, amendments and agreements of regional seas conventions are not listed.
²Non-UN regional organizations.
³UNEP is providing the secretariat on an interim basis.
⁴Negotiations are expected to be completed in 2001.
⁵Regional body with its own secretariat established by the Arctic Council.
⁶These agreements, while independent treaties, were concluded under the auspices of CMS.

16. The objectives and priorities of MEAs can vary significantly from one agreement to another, even within a cluster (for specific details please refer to the annexes). However, there are common threads that link them together. While the sustainable development focus of the three Rio Conventions (CBD, UNCCD and UNFCCC) are well known, most other multilateral environmental agreements address the sustainable use of natural resources and the environment or the protection of the environment in such a way as to ensure its sustainable use.

17. Given the different stages of implementation of the core MEAs, the variation in priorities is even greater. Nevertheless, there are crosscutting priorities for many that are primarily of a functional nature, which are listed below. Leading the list are the strengthening of the capacities of Parties or member states to meet their obligations or responsibilities under these agreements, enhancing membership of governments, public education and awareness, strengthened scientific basis for decision-making, and strengthened international partnerships. The most important thematic crosscutting issue is the assessment and management of pollution, which cuts across the chemicals and hazardous wastes conventions, some biodiversity-related conventions and the regional seas conventions and related agreements.

18. The scope of the biodiversity-related conventions ranges from the conservation of individual species (CITES and the Lusaka Agreement) via conservation of species, their migration routes and their habitats (CMS, AEWA, EUROBATS, ASCOBANS, ACCOBAMS and various MOUs) to the protection of ecosystems (CBD, the Ramsar Convention, the World Heritage Convention and the International Coral Reef Initiative--ICRI). However, it should be noted that CITES is concerned with ecosystems, specifically with ensuring that trade in specimens of CITES-listed species is limited to as to ensure those species are maintained throughout their range at a level consistent with the roles in the ecosystems in which they occur and well above the level at which they might become eligible for inclusion in Appendix I (Article IV, paragraph 3 of the Convention). The Cartagena Protocol of the CBD specifically aims at protecting both species and ecosystems by promoting the safe transfer, handling and use of living modified organisms resulting from modern biotechnology. Five regional seas conventions (the Mediterranean, the North-East Atlantic, East Africa, the Wider Caribbean and the South-East Pacific) have protocols or annexes on specially protected areas and wildlife (SPAWs) that cover both individual species and ecosystems. While all of these agreements aim at conserving species and/or ecosystems, several also promote their sustainable use (CBD, CITES, Ramsar and ICRI). The Cartagena Protocol promotes measures related to safeguarding the sustainable use of biodiversity against adverse effects that could be caused by living modified organisms. Likewise, the SPAWs, which are closely linked to CBD, CITES, Ramsar and ICRI, support the sustainable use of marine and coastal species and ecosystems.

19. The Vienna Convention on the Protection of the Ozone Layer and its Montreal Protocol on Substances that Deplete the Ozone Layer and the United Nations Framework Convention on Climate Change and its Kyoto Protocol are closely associated in protecting the environment by eliminating or stabilizing anthropogenic emissions that threaten to interfere with the atmosphere. While the former focuses on the impacts that ozone depletion can have on human health, the latter addresses concerns that climate change may have on food production and economic development. The Montreal Protocol is well on its way to achieving its goal of gradually phasing out 96 listed ozone-depleting substances. Its overriding priority is to provide financial assistance through the Multilateral Fund to eligible developing countries to comply with the provisions of the Protocol and its amendments. The UNFCCC is in an earlier phase of implementation, with much of its future success depending on the operationalization of its Kyoto Protocol.

20. This cluster is comprised of only one major global convention. As stated in the text, the main objective of the UNCCD is to combat desertification and mitigate the effects of drought in countries experiencing serious drought and/or desertification, particularly in Africa. This objective is to be achieved through effective action at all levels, supported by international cooperation and partnership arrangements, in the framework of an integrated approach which is consistent with Agenda 21, with a view to contributing to the achievement of sustainable development in affected areas. There are very few regional agreements in the fields of arid lands and land degradation. Most notable are the Agreement for the Establishment of the Arab Centre for the Studies of Dry and Barren Land (1970) and the Convention Establishing a Permanent Inter-States Committee for Drought Control in the Sahel (CILSS) (1973). Given the sustainable development focus and the strong substantive linkages between climate change, desertification and drought and loss of biodiversity, the UNCCD is very much associated with the UNFCCC and the CBD.

21. The overarching objective of the chemicals and hazardous wastes conventions is the protection of human health and the environment from pollution by specific chemicals and hazardous substances. In the case of the Rotterdam Convention, it specifically addresses certain banned or severely restricted chemicals, as well as severely hazardous pesticide formulations, subject to international trade. The Stockholm Convention has as its priorities the phasing out of an initial list of 9 chemicals, the restriction to certain acceptable purposes the production and use of DDT, and the reduction or elimination of unintentionally produced chemicals (dioxin and furans). The Convention also has provisions to add further POPs to the treaty, and will require parties with new chemical programmes to prevent the introduction of new POPs onto the marketplace. The scope of the Basel Convention covers a broad range of hazardous wastes, including chemical wastes, subject to transboundary movements, aiming to reduce these movements to a minimum by minimizing the quantity and hazardousness of the wastes generated and by promoting the treatment and disposal of hazardous wastes and other wastes as close as possible to their source of generation. These global MEAs are complimented by regional agreements such as the Bamako Convention and the Waigani Convention, as well as the Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources.

22. By far the largest cluster of MEAs, the 17 regional seas conventions and action plans are a global mosaic of agreements with one over-arching objective: the protection and sustainable use of marine and coastal resources. In the early years shortly after the Stockholm Conference, the regional seas programmes focused on marine pollution control. In the ensuing 25 years they have involved into multi-sectoral agreements addressing integrated coastal area management, including in several cases links to the management of contiguous freshwater basins; land-based sources of pollution; conservation and sustainable use of living marine resources; and impacts of offshore exploration and exploitation of oil and gas. The Barcelona Convention (1976), the oldest of these agreements, fostered the establishment of the Mediterranean Commission for Sustainable Development which is serviced by the Secretariat of the Convention.

23. Also included in this cluster are the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities (GPA) and the International Coral Reef Initiative (ICRI) which were both adopted in 1995. The purpose of ICRI is to mobilize governments and a wide range of stakeholders to improve management practices, increase capacity and political support and share information on the health of coral reefs and related ecosystems, including mangroves and sea grass beds. In both agreements, the regional seas conventions and action plans are regional building blocks and vehicles for the implementation of the global agreements. From a substantive point of view, the GPA is closely related to the chemicals-related conventions on issues such as agrochemicals, persistent organic pollutants and heavy metals. Likewise, the work of ICRI is closely associated with the biodiversity-related conventions, specifically CBD, CITES and Ramsar.

24. Of the 41 MEAs listed in Table 1, all but 6 are legally binding instruments. Sixteen are framework conventions such as UNFCCC, CBD, the Basel Convention and the Barcelona Convention that can develop protocols for addressing specific subjects requiring more detailed and specialized negotiations. Eight are self-contained conventions that work through annexes or appendices, rather than protocols, which are revised periodically through the decisions of the Conferences of the Contracting Parties (COPs) of the respective MEAs. These include CITES, the World Heritage Convention, the Lusaka Agreement, UNCCD, the Rotterdam Convention, the Stockholm Convention, the Helsinki Convention for the Protection of the Marine Environment of the Baltic Sea Area and the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR). As in the case of the latter, if a new annex were added, it would have to go through a ratification process before entering into force. CMS is the only MEA that operates like an umbrella convention. It has fostered 5 independent regional treaties—the Agreement on the Conservation of Seals in the Wadden Sea, EUROBATS, ASCOBANS, ACCOBAMS and AEWA, all of which continue to work closely with CMS. Although the agreements concluded under the auspices of CMS are self-standing international legal instruments, they are also the primary means of implementing the goals of the parent convention. CMS has also developed 3 Memoranda of Understanding (MOUs) and 1 Action Plan with Party-Range States that operate as "soft law" instruments on, respectively, the Siberian Crane, the Slender-billed Curlew, the Marine Turtles of the Atlantic Coast of Africa and of the Indian Ocean and the Sahelo-Saharan Antelope.

Table 2 Regional Seas Conventions
Conventions	Protocols, Amendments or Convention Annexes by Subject
	Pollution from Oil and Harmful Substances	Land-based Pollution	Special Prot. Areas & Wildlife	Radio-activity	Trans-boundary Move-ment of wastes	Offshore Explora-tion and Exploitation	Dumping
1. Convention for the Protection of the Mediterranean Sea against Pollution	*	* *	* *		*	*	* *
2. Kuwait Regional Convention for Cooperation on the Protection of the Marine Environment from Pollution	*	*				*
3. Convention for Cooperation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region	*
4. Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific	* *	*	*	*
5. Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment	*
6. Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region	*	*	*
7. Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region	*		*
8. Convention for the Protection of the Natural Resources and Environment of the South Pacific Region	*						*
9. Convention on the Protection of the Marine Environment of the Baltic Sea Area¹	* * *	*				*	*
10. Convention on the Protection of the Black Sea against Pollution	*	*					*
11. Convention for the Protection of the Marine Environment of the North-East Atlantic¹		*	*			*	*
12. Draft Convention for the Protection and Sustainable Development of the Marine and Coastal Environment of the Northeast² Pacific
13. Draft Framework Convention for the Protection of the [Marine] [Environment] of the Caspian Sea²

¹Instead of protocols, the Helsinki Convention and OSPAR have related Annexes.
²Negotiations are expected to be completed in 2001.

25. The 6 that are not legally binding are all oceans-related agreements, of which two are global in nature—the GPA and ICRI—and 4 are regional seas programmes—SACEP, the North-West Pacific Action Plan (NOWPAP), the East Asian Seas Action Plan and the Protection of the Arctic Marine Environment (PAME). The GPA was adopted by over 100 countries as a non-legally binding programme of action in Washington, D.C. in 1995. That same year 40 countries adopted the ICRI Call to Action and the Framework for Action. Established in 1991, PAME is under the umbrella of the Arctic Council, which receives its mandate from a non-legally binding declaration, adopted in 1996 by the 8 Arctic States. The three other regional seas programmes operate with action plans that were adopted in intergovernmental meetings by the respective member states.

26. Despite being regional in nature, the 11 regional seas conventions because of their multisectoral nature are the most comprehensive of the framework conventions (please see Annex 21). The Barcelona Convention leads the cluster with 6 protocols, two of which have been amended (land-based sources of pollution and dumping) and a third, which is in the process of revision (emergencies). The regional seas conventions have 5 principle sets of protocols, amendments or annexes. As indicated in Table 2, the largest with 13 protocols, amendments and annexes deals with pollution from oil and harmful substances. Only OSPAR does not have a protocol or annex in this area. However, the Northeast Atlantic is covered by separate treaties in this area—the Agreement for Cooperation in Dealing with Pollution of the North Sea by Oil and other Harmful Substances (1983) and the Cooperation Agreement for the Protection of the coasts and waters of the North-East Atlantic against Pollution (1990). The second largest set addresses land-based sources of pollution. Three important sets cover specially protected areas and wildlife, pollution caused by dumping from ships and aircraft, and pollution resulting from off shore exploration and exploitation.

27. The regional seas conventions have the distinction of being closely, and in some cases systematically, linked to global conventions and agreements, and are proving to be useful regional instruments in supporting their implementation. The protocols, amendments and annexes on pollution from oil and harmful substances and on dumping from ships and aircraft are operationally linked to the IMO marine pollution conventions in these areas. The protocols on land-based sources of pollution are also operationally linked to the GPA. Although developed independently, the protocols and annexes of the regional seas conventions on specially protected areas and wildlife are closely linked to CBD, CITES, the Ramsar Convention and ICRI and efforts are on-going to formally increase collaboration. In the specific instance of CMS, ACCOBAMS and ASCOBANS, collaborative efforts have existed with the Barcelona Convention for the Mediterranean, the Bucharest Convention for the Black Sea and the Helsinki Convention for the Baltic Sea. The Protocol on the Prevention of Pollution of the Mediterranean Sea by Transboundary Movements of Hazardous Wastes and their Disposal (1996) was negotiated in close consultation with the Basel Convention Secretariat.

28. It should also be noted that the four regional seas action plans without legally-binding instruments—PAME, SACEP, NOWPAP and the East Asian Seas Action Plan—are also engaged in similar activities concerning pollution from oil and harmful substances, pollution from land-based activities and conservation and sustainable use of marine biodiversity. On the first two issues they work closely with IMO and the GPA. The East Asian Seas Action Plan actively participates in the implementation of ICRI.

29. Multilateral environmental agreements adopted after 1972 generally have the following institutional elements: a Conference of the Parties (COP), a secretariat, advisory bodies, a clearing-house mechanism and a financial mechanism.

30. The Conference of the Parties (COP) of each convention or the Meeting of the Parties (MOP) of a protocol to a convention are the ultimate decision-making bodies regarding the overall implementation and development of their respective MEA, including the programme of work, budget and the revision of annexes, where applicable. An important function of the COP is the adoption of protocols and annexes. The bureaus of the COPs and MOPs of several conventions (Vienna Convention, CBD, UNCCD) and protocols (Montreal Protocol) as a standard function meet intersessionally to discuss matters within their bureau mandates.

31. The World Heritage Convention is structured differently in the sense that instead of a COP it has a General Assembly of States Parties to the Convention, which meets during the UNESCO General Conference. The World Heritage Committee is responsible for the implementation of the convention and its members are elected at the General Assembly. The work of the World Heritage Committee is prepared by the World Heritage Bureau.

32. The GPA has no regular COP or intergovernmental body as do other non-binding agreements such as SACEP, NOWPAP, the East Asian Seas Action Plan and PAME. Decisions on its work and budget are left to the Governing Council of UNEP, which provides the secretariat. Periodically the implementation of the GPA is subject to an intergovernmental review. The Global Programme of Action was adopted in 1995 and the First Intergovernmental Review will take place in November of 2001 in Montreal.

33. Some, such as CITES, CMS, the Ramsar Convention, CBD, the Cartagena Convention and the South Asian Seas Action Plan have established standing committees or intersessional meetings that represent their COP, review progress in the implementation of the MEA and advise the secretariat on the implementation of the programme of work. It should be noted that the standing committees, although a subsidiary body of their respective COPs, differ fundamentally from the subsidiary bodies in paragraph 34 since they represent the authority of the COPs intersessionally. The Parties to the standing committees of CITES, CMS, the Ramsar Convention and the Cartagena Convention are elected, while the CBD Intersessional Meetings are open-ended. The Consultative Committee of the South Asian Seas Action Plan is comprised of the diplomatic representatives of the member states in Sri Lanka where SACEP, the secretariat, is located.

34. Subsidiary bodies are generally advisory in nature and present their recommendations to the COP or MOP of the respective agreement. Several conventions and protocols have subsidiary scientific and technical bodies that provide the COP or MOP with advice and recommendations on the scientific and technical aspects of the implementation of their MEA. Some of these are listed in Table 3 along with a description of the scope of their work. Others with subsidiary scientific and technical bodies include the Cartagena Convention for its protocols on specially protected areas and wildlife and on land-based sources of pollution, ACCOBAMS, AEWA, ASCOBANS and EUROBATS. It should be noted that the latter four CMS Agreements combine the role of the standing committee and scientific/technical committee in one (variously called the advisory or technical committee). While the World Heritage Convention does not have its own subsidiary scientific and technical body, it works with three external organizations that provide it with expert advice.

35. The valuable assessments carried out by the scientific and technical panels under the Montreal Protocol have been particularly important in demonstrating important lessons learned:

Table 3 Scientific and Technical Bodies of Selected Environmental Conventions and Their Protocols
Convention	Name of the Body	Scope
CBD	The Subsidiary Body on Technical and Technological Advice (SBSSTA)	The SBSTTA of CBD was established under Article 25 to provide the COP and, as appropriate, its other subsidiary bodies with timely advice relating to the implementation of the Convention. Under the authority of and in accordance with guidelines laid down by the Conference of the Parties, and upon its request, SBSTTA (a) provides scientific and technical assessments of the status of biological diversity; (b) prepares scientific assessments of the effects of types of measures taken in accordance with the provisions of this convention; (c) identifies innovative, efficient and state-of-the-art technologies and know-how relating to the conservation and sustainable use of biological diversity and advises on the ways and means of promoting development and/or transferring of such technologies; (d) provides advice on scientific programmes and international cooperation in research and development related to conservation and sustainable use of biological diversity; (e) and responds to scientific, technical, technological and methodological questions that the Conference of the Parties and its subsidiary bodies may put to the body.
CITES	The Animals Committee The Plants Committee The Nomenclature Committee	CITES has two scientific bodies, the Animals Committee (AC) and the Plants Committee (PC)—comprised of elected experts from all CITES regions that provide advice to the Conference of the Parties. There is also a nomenclature Committee comprised of a zoologist and a botanist. THE CITES COP established the AC and PC as its main scientific bodies. The Nomenclature Committee has an advisory role to the AC and PC. The next meeting of the Standing Committee will consider a secretariat proposal to establish a body for dealing with technical and implementation issues under the convention. In addition, the Convention receives a great deal of scientific inputs from the NGO community, which attends the COPs as observers.
CMS	The Scientific Council	The CMS has a Scientific Council established under Article VIII, to provide advice on scientific matters. Since COP 2 in 1988, the Scientific Council has meet in conjunction with every COP and between COPs. Article VIII defines the functions of the Scientific Council, which are: (a) providing scientific advice to the Conference of the Parties, to the Secretariat, and, if approved by the Conference of the Parties, to any body or Agreement set up under the Convention or any Party; (b) recommending research and the co-ordination of research on migratory species and reporting to the Conference of the Parties on such status and measures for its improvement; (c) making recommendations to the COP as to the migratory species to be included in Appendices I or II, together with an indication of the range of such migratory species; (d) making recommendations to the COP as to specific conservation and management measures to be included in Agreements on migratory species; and (e) recommending to the COP solutions to problems relating to the scientific aspects of the implementation of the Convention, in particular with regard to the habitats of migratory species.
Ramsar Convention	The Scientific and Technical Review Panel (STRP)	Composed of experts from the convention’s 6 geographical regions elected by the COP, the STRP advises the COP, the Standing Committee and the secretariat on scientific and technical issues.
Montreal Protocol to the Vienna Convention	Scientific Assessment Panel Environmental Effects Assessment Panel Technology and Economic Assessment Panel	The Montreal Protocol to the Vienna Convention for the Protection of the Ozone Layer in Article 6 defines the following assessment process: "Beginning in 1990, and at least every four years thereafter, the Parties shall assess the control measures provided for in Article 2 and Articles 2A to 2H on the basis of available scientific, environmental, technical, and economic information. At least one year before each assessment, the Parties shall convene appropriate panels of experts qualified in the fields mentioned and determine the composition and terms of reference of any such panels. Within one year of being convened, the panels will report their conclusions, through the Secretariat, to the Parties." The First meeting of the Parties in May 1989 endorsed the composition and the Terms of Reference of the Assessment Panels. Each scientific assessment, in 1989, 1991, 1994 and 1998, has served as a basis for the Amendments and Adjustments to the Montreal Protocol adopted in London (1990), Copenhagen (1992), Vienna (1995), Montreal (1997) and Beijing (1999). The next assessment will be ready in 2002. Another important issue is the interaction between some of the scientific advisory processes, e.g., between the Montreal Protocol’s Scientific Assessment Panel and the Technology and Economic Assessment Panel and the Intergovernmental Panel on Climate Change.
UNFCCC	Subsidiary Body for Scientific and Technological Advice (SBSTA) Intergovernmental Panel on Climate Change (IPCC)	Article 9 establishes SBSTA to provide the COP and its other subsidiary bodies with information and advice on scientific and technological matters relating to the convention. Under the guidance of he COP, the SBSTA has the following specific functions: (a) to provide assessments of the state of scientific knowledge relating to climate change and its effects; (b) to prepare scientific assessments on the effects of measures taken in the implementation of the convention; (c) to identify innovative, efficient and state-of-the-art technologies and know-how and advise on the ways and means of promoting development and/or transfer of such technologies; (d) to provide advice on scientific programmes, international cooperation in research and development related to climate change, as well as on ways and means of supporting endogenous capacity building in developing countries; and (e) to respond to scientific, technological and methodological questions that the COP and its subsidiary bodies may put to it. The IPCC was established jointly by UNEP and WMO in 1988 and is today the world’s authoritative scientific and technical source of climate change information. Its assessments provided the basis for the negotiations of the UNFCCC and its Kyoto Protocol. Although not an institution of the convention, it continues to provide vital scientific input to the climate change process. The SBSTA acts as a link between the COP and the IPCC, and a joint working group of the Bureaux of the two bodies meets regularly to ensure coordination.
UNCCD	Committee on Science and Technology	The Committee provides the COP with information and advice on scientific and technological matters relating to combating desertification and mitigating the effects of drought.
Basel Convention	Technical Working Group	The Technical Working Group was established by the Conference of the Parties to provide the COP and its other subsidiary bodies with information and advice on scientific and technical matters relating to the convention, including the preparation of technical guidance for the environmentally sound management of hazardous wastes and the development of criteria on which wastes are suitable for recovery and recycling operations. Taking into account the development of the Basel Convention, the Technical Working Group is actively involved in defining more clearly, identifying and clarifying what hazardous waste is under the convention. Other tasks for the Technical Working Group include inter alia the preparation of technical guidelines on clinical wastes, disposal of waste tyres, waste batteries, recycling/reclamation of metals and metal compounds and wastes resulting for the surface treatment of plastics. The Technical Working Group is also responsible for reviewing the lists of wastes contained in Annexes VIII and IX of the convention.
Rotterdam Convention	Chemical Review Committee (CRC)	According to Article 18, paragraph 6, the 1^st COP shall establish a Chemical Review Committee (CRC) that will perform the functions assigned to it by the Convention. Those functions are to review information provided with notifications of final regulatory actions and proposals for inclusion of severely hazardous pesticide formulations, and recommend to the COP on the inclusion of such chemicals, pesticides and hazardous pesticide formulations under the Convention. The CRC will also draft decision guidance documents for the chemicals, pesticides and hazardous pesticide formulations that it recommends for inclusion and forward those documents to the COP for adoption.

36. MEAs such as UNFCCC, the Montreal Protocol and the Basel Convention have Subsidiary Bodies for Implementation to assist the COPs in assessing and reviewing the effective implementation of the convention, including reviewing national communications or reports. The Open-ended Intersessional Meetings of the CBD also undertake this latter function. An Implementation Committee reviews implementation and non-compliance aspects of the Montreal Protocol. At the same time, the Montreal Protocol has an Open-ended Working Group of the Parties that meets annually to consider technical and policy issues relevant to the implementation of the protocol and make recommendations to the MOP

37. The COPs and MOPs can establish, as required, additional subsidiary organs with limited and defined mandates. For CBD, these include the Working Group on Biosafety, the Expert Panel on Access and Benefit-sharing, the Working Group on Access and Benefit-sharing, the Working Group on Article 8(j) (indigenous knowledge related to the conservation and sustainable use of biodiversity) and the Intergovernmental Committee on the Cartagena Protocol (ICCP). The terms of reference, duration and composition of these bodies is determined by the COP.

38. In a very unique case, under the Montreal Protocol a Multilateral Fund has been established with an Executive Committee comprised of 14 members representing the Parties, which considers and approves projects for phasing out ozone depleting substances in developing countries. Further details are provided in Chapter III.

39. Several conventions and protocols and related international agreements have clearing-houses, generally operated by the secretariats. The CBD CHM was established to promote and facilitate technical and scientific cooperation. Under the Montreal Protocol, the UNEP/OzonAction Programme operates a clearinghouse mechanism, funded by the Multilateral Fund. A CHM has also been established under the Cartagena Protocol to the CBD to facilitate the exchange of scientific, technical, environmental and legal information on living modified organisms and to assist developing country Parties in the implementation of the protocol. The GPA in cooperation with other UN organizations has developed a clearing-house on the 9 land-based sources of pollution, including technologies and opportunities for mitigating or eliminating their impacts. The Stockholm Convention will set up a clearing-house on persistent organic pollutants.

40. A few conventions have established or are in the process of establishing regional centres. The Basel Convention has as one of its priorities the further development of regional and sub-regional centres for training and technology transfer to facilitate the effective implementation of the Convention. UNCCD has also begun to set up regional centres to assist in the implementation of the convention. In its strategic action plan, CITES is looking into establishing regional offices that may be linked to the secretariats of regional seas programmes or to UNEP’s regional offices. Some regional seas conventions and action plans (Barcelona Convention, Cartagena Convention and NOWPAP) have regional activity centres (RACs) that assist in the implementation of their agreements. These are further described below under the functions and operations of secretariats.

41. A Strategic Plan for CMS for 2000-2005 was adopted at COP 6 in November 1999. In April of last year, the COP of CITES approved the convention’s first Strategic Vision, covering the period 2000 to 2005, and an accompanying Action Plan. The COP of UNCCD adopted a Strategic Plan at its Third Session in November 1999. That same month the COP of the Basel Convention adopted the Basel Declaration on Environmentally Sound Management that provides the strategy and priorities for the decade 2000-2010. The MOP of AEWA adopted in November 1999 the "International Implementation Priorities 2000-2004. In July 2000 the ASCOBANS MOP adopted the ASCOBANS Triennium Work Plan 2001-2003. That same month the EUROBATS Conservation and Management Plan with an Action Plan for 2000-2003 was adopted by its MOP.

42. Strategic action plans on certain issues are adopted every year by the World Heritage Committee. The GPA has a Strategic Action Plan on Municipal Wastewater and has developed regional programmes of action on land-based sources of pollution with regional seas conventions and action plans.

43. The Multilateral Fund of the Montreal Protocol has a three-year rolling plan that corresponds to the Multilateral Fund’s three-year replenishment cycle. In addition it has annual business plans comprised of the annual business plans of the four implementing agencies of the Fund, as well as those of several bilateral governmental agencies.

44. Others are currently preparing strategic action plans. The Open-ended Intersessional Meeting of the CBD will consider the Strategic Plan of the convention in November of 2001 and it is expected that it will be adopted at COP 6 in 2002. A strategic action plan for the next decade is being prepared for the Basel Convention.

45. Regional seas programmes generally do not have strategic plans since it is the practice for a regional seas convention to serve as the legal framework for an action plan. Both are negotiated in parallel by member states. However, most action plans, consisting mainly of programmatic elements, lack a comprehensive strategy for implementation with objectives, priorities, specific activities, timetables, identification of partners, involvement of stakeholders and budgetary estimations. Instead, they rely on programmes of work adopted by COPs that are limited in scope by the contributions that participating states are willing to make which often fall far below what is needed. An exception would be a few programmes such as the Barcelona Convention with a strong legal framework, a focused programme of work and higher levels of commitment by governments that translates into adequate and predictable financing. Nevertheless, some programmes are addressing this issue more forcefully. The member states of the East Asian Seas Action Plan are considering the document a "Vision and Plan—A Systematic Approach" that proposes to systematically and pragmatically coordinate the conservation, restoration and sustainable use of the marine environment in the East Asian Seas region. Although the COP of the Cartagena Convention at its last meeting in February 2000 considered the Strategy for the Financial Sustainability of the Caribbean Environment Programme, it deferred its further consideration and approval to the joint Thirteenth Meeting of the Monitoring Committee and Special Meeting of the Bureau of Contracting Parties and the next COP.

46. Practically all of the newer MEAs that have not entered into force or have only recently entered into force are without corporate or business plans.

47. While the scope and mandate of MEA secretariats can vary, from a functional point of view they can be divided into two categories. The first are those such as the secretariats for UNFCCC, the Montreal Protocol, CBD, the Ramsar Convention, CMS, AEWA, ASCOBANS, EUROBATS, the Rotterdam Convention and the Stockholm Convention that prepare and service the meetings of the COPS and their subsidiary bodies and coordinate with other international organizations. They provide administrative, technical and scientific support to the COP and the subsidiary bodies, as well as advice on implementation to Parties when requested. A major focus of their work is the preparation of background documentation for the meetings of the convention and in coordinating the work carried out under the convention with that of other relevant institutions and conventions. As required, they provide support to on-going negotiations. They are not involved with the actual implementation of the convention at the country or regional level, other than in an advisory capacity.

48. The second category are those convention secretariats that, while carrying out the functions of the first category of secretariats, are also involved in implementing programmes or projects at the regional and country levels. However, the degree of implementation work can vary from little or moderate to substantial. Because of the much greater number of Parties in global conventions, these tend to be less involved in implementation than regional conventions. In this group are CITES (capacity-building, monitoring activities, development of conservation management plans for species), CMS (provision of technical support to Party-Range States in developing Agreements, MOUs and Action Plans), the Basel Convention (capacity building, training, development of guidelines and methodologies, project development, facilitation of national and regional programmes and public awareness), and the UNCCD (public awareness. The World Heritage Convention is an exception among the global conventions in that it is actively involved in implementation in areas such as training, technical cooperation, monitoring and assessment, identification of heritage and educational activities for young people on world heritage. ). The GPA is another exception since it is actively involved in the development and implementation of national and regional demonstration and pilot projects addressing land-based sources of pollution.

49. The CITES Secretariat is different from other conventions by the amount of scientific work that it is expected to carry out directly. This includes the following: (a) to undertake scientific and technical studies in accordance with programmes authorized by the COP that will contribute to the implementation of the Convention, including studies concerning standards for appropriate preparation and shipment of living specimens and the means of identifying specimens; (b) to study the reports of Parties and to request from Parties such further information with respect thereto as it deems necessary to ensure implementation of the Convention; (c) to invite the attention of the Parties to any matter pertaining to the aims of the Convention; (d) to publish periodically and distribute to the Parties current editions of Appendices I, II and III together with any information which will facilitate identification of specimens of species included in those Appendices; (e) to prepare annual reports to the Parties on its work and on the implementation of the Convention and such other reports as meetings of the Parties may request and to make recommendations to the COPs for the implementation of the aims and provisions of the Convention, including the exchange of information of a scientific or technical nature. Each Party is required to have a management authority as well as a scientific authority to facilitate flow of information with the Secretariat and between and among Parties as well as the NGO fraternity.

50. In the second category, the cluster of secretariats of regional seas conventions and related agreements is the most actively involved of MEAs in implementation. These can include regional projects in marine pollution monitoring and assessment funded from their trust funds to the implementation of regional projects funded by multilateral donors, bilateral donors and the Global Environment Facility (GEF) in areas such as integrated coastal area management, biodiversity conservation and sustainable use, persistent organic pollutants, and land-based sources of pollution, among others.

51. Some regional seas programmes have established regional activity centres (RACs) coordinated by the secretariats that are responsible for supporting implementation of selected programmatic elements of their respective action plans, largely through capacity building programmes aimed at the Parties or member states. The Barcelona Convention Secretariat which is based in Athens coordinates 7 RACs, including the Regional Marine Pollution Emergency Response Centre for the Mediterranean (REMPEC) in Malta, the Priority Actions Programme Regional Activity Centre (PAP/RAC) in Split, Croatia, the Specially Protected Areas Regional Activity Centre (SPA/RAC) in Tunis, the Blue Plan Regional Activity Centre (BP/RAC) in Valbonne, France, the Environment Remote Sensing Regional Activity Centre (ERS/RAC) in Palermo, the Regional Activity Centre for Cleaner Production (CP/RAC) in Barcelona and the Programme for the Protection of Coastal Historic Sights (100 HS) in Marseille. NOWPAP has 4 RACs covering marine pollution emergency response in Taejon, Republic of Korea, marine pollution monitoring in Vladivostok, Russian Federation, special assessments in Toyama, Japan and information management in Beijing. The Cartagena Convention has two RACs responsible for capacity building linked to the implementation of their protocols on oil spills and biodiversity: the Marine Pollution Emergency Information and Training Regional Activity Centre for the Wider Caribbean Region (REMPEITC-Carib) in Curacao and the Specially Protected Areas and Wildlife Regional Activity Centre (SPAW/RAC) in Guadeloupe.

52. Most framework conventions with protocols are serviced by joint secretariats that oversee the overall implementation of the convention and its protocols. This is the case for The Vienna Convention and the Montreal Protocol, the CBD and the Cartagena Protocol, the UNFCCC and the Kyoto Protocol, the Cartagena Convention and its 2 protocols, and the Barcelona Convention and its 7 protocols and 2 amendments. An exception would be CMS in which the four regional agreements it fostered—EUROBATS, ASCOBANS, ACCOBAMS and AEWA—are independent but linked treaties with independent secretariats. However, recently, three—AEWA, EUROBATS and ASCOBANS) were co-located in Bonn where the CMS Secretariat is located.

53. An important function of most secretariats (UNCCD, CBD, CITES, the Ramsar Convention, the World Heritage Convention, the Montreal Protocol, the Basel Convention, the Rotterdam Convention and the Stockholm Convention) is the monitoring and evaluation of the implementation of their MEA, proposing formats for national reports, receiving and analyzing reports submitted, and providing the COP or MOP with syntheses of the information contained in national reports. On national reports, the role of the UNFCCC Secretariat is more restricted in that it compiles and transmits the reports to the Subsidiary Body on Implementation, which is responsible for assessing and reviewing the implementation of the convention. The CMS Secretariat also collates the reports of the Parties; similarly, CMS and its associated Agreements collect and collate information from other sources, including through the establishment and management of databases. With the assistance of UNEP-WCMC, it is carrying out a systematic review of needs and possibilities related to reporting. At COP 5 of the UNCCD, consideration will be given to the establishment of the Committee to Review the Implementation of the Convention, which will function as a permanent subsidiary body of the COP.