2023/028: Process for the Adoption of an Interim CMS Budget for 2024 through a Silence Procedure and Convening of an Extraordinary Meeting of the Conference of the Parties to the Convention

As communicated to all Parties through CMS notification 2023/019, the 14th Meeting of the Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals (CMS COP14) will be held in Samarkand, Uzbekistan, from 12 to 17 February 2024. It was originally planned to be held in October 2023.

This has significant implications for the CMS budget. COP13 adopted Resolution 13.2 on Financial and Administrative matters covering the budget period through 31 December 2023. As a result, there is a need to act this year to ensure the continuous operation of CMS by adopting an interim budget for 2024.

Please note that the interim budget has to be prepared on an annual basis (in this case for 2024) in compliance with United Nations Financial Rules and Regulations.  In February 2024, the CMS COP14 will adopt a budget for the triennium 2024-2026, which will supersede the interim budget for 2024.  

Adoption of an interim budget can only be done by the Conference of the Parties.  To determine the best process for this purpose, the CMS Secretariat consulted with the Corporate Services Division of UNEP as well as other MEA Secretariats. Furthermore, the Executive Secretary along with other members of the Secretariat met with the Chair of the Standing Committee and agreed on the way forward in terms of the interim budget approval process. The Secretariat also consulted with the Chair of the Finance and Budget Subcommittee about the interim budget process.

Based on these consultations, an extraordinary meeting of the Conference of the Parties to the Convention would need to be convened, and an interim budget adopted through a silence procedure. This can be done through a written, electronic process. The silence procedure has been utilized by numerous other MEAs for the adoption of interim budgets1. Annex 1 provides an explanatory note on the procedure.

The following steps need to be taken:

Step 1 – Clearance of the draft interim budget

  1. The Secretariat is working with the members of the Finance and Budget Subcommittee in the preparation of a draft interim budget for their feedback and comments, in line with their mandate under Paragraph 23 (ii) of Resolution 13.2 and Paragraph 4(a) of its Annex 4.
  1. The Secretariat will send the draft interim budget cleared by the Finance and Budget Subcommittee to the Standing Committee for its consideration.

Step 2 – Agreement to convene an extraordinary meeting of the COP (ExCOP1) 

  1. By means of this notification, the Secretariat is seeking agreement on the process to adopt an interim budget in an extraordinary meeting of the COP (ExCOP 1) to be held from 28 to 30 November (through a written, electronic process).
  1. Article VII Paragraph 3 of the Convention provides that the Secretariat shall convene an extraordinary meeting of the COP (ExCOP1) on the written request of at least one-third of the Parties. Parties are therefore encouraged to send official letters signed by their National Focal Points requesting the convening of an extraordinary Meeting of the COP. The official letter should be addressed to the CMS Executive Secretary and sent as a scanned attachment by e-mail to [email protected] by 14 October 2023. A template of the letter is attached in Annex 2.
  1. The ExCOP 1 would consider only one agenda item, namely the interim budget for 2024 to be adopted by application of the silence procedure.

Step 3 – Adoption of the interim budget for 2024 in an extraordinary meeting of the COP through a silence procedure

  1. On receipt of written requests from at least one-third of the Parties, the Secretariat will issue a notification to all Parties to convene ExCOP1, and will invite Parties to register and submit credentials2 to take part in the meeting. Recognizing the difficulties in obtaining credentials in such a short time, the Secretariat is exploring the possibility of an alternative modality for Parties not able to submit credentials, with the understanding that they would send them as soon as they are able to do so.  A template for credentials is attached in Annex 3.
  1. The proposed dates for the ExCOP1 are 28 to 30 November (through a written, electronic process). The draft resolution, including the interim budget, will be published on the CMS website at least 3 weeks before the opening of the extraordinary meeting of the COP.
  1. The Secretariat will issue a communication on behalf of the CMS COP Presidency as presiding officer3, opening the extraordinary meeting of the COP and initiating the silence procedure for the adoption of the interim 2024 budget.
  1. If no objection is received in 72 hours, the Resolution and interim budget will be considered adopted.

All Parties are encouraged to submit letters of support for the convening of an Extraordinary COP, and to initiate their internal processes for obtaining valid credentials as soon as possible. The official letter should be addressed to the CMS Executive Secretary and sent as a scanned attachment by e-mail to [email protected] by 14 October 2023. A template of the letter is attached in Annex 2.

Should you have any questions, please contact the Secretariat at:  [email protected].

Many thanks for your support and assistance in this very important matter.

Amy Fraenkel

Executive Secretary

 

(The appendices can be found in the attached PDF).

Annex 1 – Explanatory note of the silence procedure

Annex 2 – Template of a letter of request for an extraordinary COP

Annex 3 – Template for the submission of credentials

 

 


See for e.g., CBD/ExCOP/2/3, ICCD/COP(ES-2)/5, AEWA/Resolution Ex.1

CMS Rules of Procedure, Rule 3

CMS Rules of Procedure, Rule 12.1

 

Last updated on 11 October 2023