Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697644402505.pdf (Belize)
BELIZE: CARIBBEAN COMMUNITY CLIMATE CHANGE CENTRE ACT, 2015 ARRANGEMENT OF SECTIONS 1.

2.

3.

4.

5.

6.

7.

8.

9.

Short title.

Interpretation.

Acceptance.

Agreement and Protocol to have force of law.

Financial provisions.

Power of Minister to give effect to Agreement.

Minister may amend First Schedule.

Commencement.

Assignment of Chapter Number for Law Revision purposes.
FIRST SCHEDULE: Agreement Establishing the Caribbean Community Climate Change Centre SECOND SCHEDULE: Protocol on the Provisional Application of the Agreement Establishing the Caribbean Community Climate Change Centre No.

6] Caribbean Community Climate Change Centre 27 No.

6 of 2015 I assent, (SIR COLVILLE N. YOUNG) Governor-General 29th July, 2015.
AN ACT to give effect to the Agreement Establishing the Caribbean Community Climate Change Centre, the objectives of which are, to protect the climate system of territories that are members of the Centre for the benefit of present and future generations of their people, to enhance regional institutional capabilities for the co-ordination of national responses to the negative effects of climate change, to provide comprehensive policy and technical support in the area of climate change and related issues and spearheading regional initiatives in those areas, to perform the role of executing agency for regional environmental projects relating to climate change; and to provide for matters connected therewith or incidental thereto.
(Gazetted 1st August, 2015.)

BE IT ENACTED, by and with the advice and consent of the House of Representatives and Senate of Belize and by the authority of the same, as follows: 28 Caribbean Community Climate Change Centre [No.

6 1.

This Act may be cited as the Short title.

CARIBBEAN COMMUNITY CLIMATE CHANGE CENTRE ACT, 2015.

2.

In this Act, unless the context otherwise requires, Interpretation.
“Agreement” means, subject to section 7, the Agreement Establishing the Caribbean Community Climate Change Centre, signed at Belize City, Belize on the 4th day of February 2002, the text of which is set out in the First Schedule; “Minister” means the Minister responsible for climate change and related matters; “Protocol” means the Protocol on the Provisional Application of the Agreement Establishing the Caribbean Community Climate Change Centre, signed at Belize City, Belize on the 5th day of February, 2002, the text of which is set out in the Second Schedule.
First Schedule.

Second Schedule.

3.

Acceptance by the Government of the Agreement Acceptance.

is hereby approved.

4.

The Agreement and the Protocol shall have the force of law in Belize.

5.

All sums required to be paid by the Government for the purpose of meeting the obligations of Belize under the Agreement shall be charged on and paid out of the Consolidated Revenue Fund.

Agreement and Protocol to have force of law.

Financial provisions.

6.


The Minister may, by Order published in the Gazette, make provisions as may be necessary or expedient for giving effect to any Article of the Agreement.

Power of Minister o give effect to Agreement.

No.

6] Caribbean Community Climate Change Centre 29 7.– (1) Where an amendment to the Agreement is accepted by the Government of Belize, the Minister may, by Order published in the Gazette, amend the First Schedule by including therein the amendments so accepted.
Minister may amend First Schedule (2) An Order made under this section may contain such consequential, supplemental or ancillary provisions as appear to the Minister to be necessary or expedient for the purpose of giving due effect to the amendment accepted, and without prejudice to the generality of the foregoing, may contain provisions amending references in this Act to specific provisions of the Agreement.
(3) An Order made under this section is subject to affirmative resolution of the National Assembly.

(4) Where the First Schedule is amended pursuant to this section, any reference in this Act or any other instrument to the Agreement shall, unless the context so requires, be construed as a reference to the Agreement so amended.

8.

This Act shall come into force on a day appointed Commencement by the Minister by Order published in the Gazette.

9.
9.

Upon the entry into force of this Act, it shall be cited as the Caribbean Community Climate Change Centre Act, Chapter 16.01 of the Substantive Laws of Belize.

Assignment of Chapter Number for Law Revision purposes.

30 Caribbean Community Climate Change Centre [No.
6 FIRST SCHEDULE (Section 2 and 7) AGREEMENT ESTABLISHING THE CARIBBEAN COMMUNITY CLIMATE CHANGE CENTRE (CCCC) THE CONTRACTING PARTIES: Recalling that the United Nations Conference on Environment and Development held in Rio, Brazil in 1992 called for “periodic regional and global meetings on sustainable development of Small Island Developing States ...”; Recalling further that the United Nations Conference on Small Island Developing States (SIDS) which was convened in Bridgetown, Barbados in 1994 concluded that Small Island Developing States (SIDS) have very specific environmental and developmental needs due to their ecological fragility and vulnerability as well as their peculiar constraints in attempting to achieve sustainable development, in particular, limited availability of human resources and inadequate financial resources for developing and strengthening institutions and their mechanisms; Acknowledging that the constraints on sustainable development of SIDS are also peculiar to other developing countries in the Caribbean Region, in particular the least developed among them; Recognising that the most serious environmental challenge confronting Caribbean SIDS and low-lying developing coastal States in the Caribbean Region is that of global climate change; Recognising further that the adverse effects in the Caribbean Region of global climate change are likely to be aggravated by the studied response to globalisation/liberalisation as evidenced in aggressive coastal zone development, point source pollution and over-fishing, resulting in the destruction of ecologically fragile and valuable marine eco-systems; Concerned that human activities in developed countries substantially increase anthropogenic gaseous emissions which augment atmospheric concentrations No.
6] Caribbean Community Climate Change Centre 31 of greenhouse gases thereby increasing the earth’s surface and atmospheric temperature with negative impact on human kind and natural eco-systems; Convinced that the global nature of climatic change requires the widest co- operation by all countries and their participation in an effective and appropriate international response in accordance with their common but differentiated responsibilities, respective capabilities and their social and economic conditions; Noting the provisions of United Nations General Assembly Resolutions 43/53 of 6 December 1988; 44/207 of 22 December 1989; 45/212 of 21 December 1990, and 46/169 of 19 December 1991 on the protection of global climate for present and future generations of mankind; Noting also the provisions of United Nations General Assembly Resolution 44/206 of 22 December 1989 on the possible adverse effects of sea-level rise on developing islands and coastal areas, particularly low-lying coastal areas; Noting further the Vienna Convention for the Protection of the Ozone Layer, 1985 and the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, as amended on 29 June 1990; Believing that small island developing States and such others with low-lying coastal areas susceptible to floods or with fragile mountainous eco-systems are particularly vulnerable to the negative effects of global climate change; Believing also that steps required to understand and respond effectively to the negative effects of global climate change must be based on relevant scientific, technical and economic considerations and continually re-evaluated in the light of new findings in these areas; Affirming that responses to climate change should be co-ordinated with social and economic development in an integrated manner with a view to avoiding adverse impact on the latter, taking fully into account the legitimate priority needs of developing countries for the achievement of sustained economic growth and the eradication of poverty; Determined to contribute positively to the protection of the climate system for present and future generations; 32 Caribbean Community Climate Change Centre [No.
6 Recalling also that the Conference of Heads of Government of the Caribbean Community at its Twenty-First Meeting held in Canouan, St. Vincent and the Grenadines on 2-5 July 2000, agreed to support the initiatives towards the establishment of a Regional Climate Change Centre; Convinced also that the project entitled Caribbean Planning for Adaptation to Global Climate Change (CPACC) has made a significant contribution in sensitising States of the Caribbean Region of the importance of adjusting to the negative consequences of climate change, Have agreed as follows: Article I Use Of Terms In this Agreement, unless the context otherwise requires: “adverse/negative effects of climate change” means changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of natural and managed eco-systems or on the operation of socio-economic systems, or on human health and welfare; “Agreement” means the Agreement establishing the Centre; “the Board” means the Board of Governors established by Article 10; “the Centre” means the Caribbean Community Climate Change Centre established by Article 2; “climate change” means a change of climate attributed directly or indirectly to human activity that alters the composition of the global atmosphere in addition to natural climate variability observed over comparable time periods; “climate system” means the totality of the atmosphere, hydrosphere, biosphere, geosphere and their interactions; No.
6] Caribbean Community Climate Change Centre 33 “the Council” means the Council of Ministers established by Article 8; “COTED” means the Council for Trade and Economic Development of the Caribbean Community; “the Director” means the Director of the Technical Secretariat; “emissions” means the release of greenhouse gases and/or their precursors into the atmosphere over a specified area and period of time; “greenhouse gases” means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation; “Members” means States or Territories which are parties to the Agreement; “the Secretary-General” means the Secretary-General of the Caribbean Community.
Article II Establishment There is hereby established the Caribbean Community Climate Change Centre (hereinafter referred to as “the Centre” having the composition, objectives, principles and functions set out in this Agreement.

Article III Membership Membership of the Centre shall be open to the Members and Associate 1.

Members of the Caribbean Community which sign and ratify or accede to this Agreement.
States or Territories of the Caribbean Region which, in the opinion of 2. the Council, are able and willing to enjoy the rights and discharge the obligations set out in this Agreement, may be admitted to membership of the Centre.

34 Caribbean Community Climate Change Centre [No.


6 The Council may admit as associate members of the Centre, extra- 3. regional States, State entities or Territories which, in the opinion of the Council, contribute substantially to the achievement of the objectives of the Centre and are able and willing to enjoy the rights and discharge the obligations set out in this Agreement.

4.
4.

Entities mentioned in paragraphs 2 and 3 desirous of becoming Members or Associate Members of the Centre, as the case may be, shall submit an application in that behalf to the Technical Secretariat which shall transmit it to the Council for consideration and action.

Notwithstanding the provisions of paragraph 3, the Caribbean 5.
Community (CARICOM), the Caribbean Development Bank (CDB), the Caribbean Disaster Emergency Response Agency (CDERA), the Caribbean Meteorological Institute (CMI), Caribbean Environmental Health Institute (CEHI), the Association of Caribbean States (ACS) and the Organisation of American States (OAS) shall be deemed to have satisfied the requirements for associate membership of the Centre and shall be invited by the Council to participate in the work of the Centre on mutually agreed terms and conditions.
Article IV Objectives The objectives of the Centre shall be: (a) (b) (c) protection of the climate system of Members of the Centre for the benefit of present and future generations of their peoples; enhancing regional institutional capabilities for the co- ordination of national responses to the negative effects of climate change; providing comprehensive policy and technical support in the area of climate change and related issues and spearheading regional initiatives in those areas; and No.
6] Caribbean Community Climate Change Centre 35 (d) performing the role of executing agency for regional environmental projects relating to climate change.
Article V Functions In order to achieve its objectives set out in Article 4, the Centre shall perform the following functions: (a) (b) (c) (d) (e) collecting, analysing, storing, retrieving and disseminating meteorological and sea-level data relevant to the observation of climate change and facilitating, in collaboration with specialised Caribbean agencies, the collection of information about the impact of climate change on the economic sectors in the Caribbean; facilitating and co-ordinating the development of Caribbean positions on global climate change and serving as an authoritative technical source for Caribbean countries to, inter alia, fulfil their responsibilities under the United Nations Framework Convention on Climate Change; assisting Members, on request, in realising the equitable benefits resulting from the implementation of financial mechanisms under the Kyoto Protocol; providing, on request, Members and Associate Members with strategic assistance for public education and awareness campaigns at the national and regional levels to involve all regular stakeholders, both public and private; in collaboration with Members and relevant agencies, developing special programmes to address implications in the Region for coastal zone management, disaster management, and potentially vulnerable sectors such as tourism, health, agriculture and insurance; 36 Caribbean Community Climate Change Centre [No.
6 (f) (g) promoting the sharing of resources, technical co-operation and information exchange with other global climate change initiatives, in particular in Small Island Developing States and Latin America; co-ordinating (and initiating) the development of regional research programmes, including adaptation of global climate and impact modelling efforts and specialised training focussed on effective adaptation to global climate change; Article VI Principles Pursuant to the objectives set out in Article 4, the Centre shall be guided by the following principles, inter alia: (a) the unrestricted exchange of non-confidential information; (b) (c) (d) in protecting the climate system of the Caribbean Region, special consideration shall be given by the Centre and competent organisations to the circumstances of the least developed Members and in particular the economic importance of their coastal zones; the employment, as far as scientifically or environmentally possible, of precautionary measures to minimise the causes of climate change and mitigate its adverse consequences; the right of Members and Associate Members, as an attribute of sovereignty, to determine their developmental path, subject to the obligation to refrain from action deleterious to the environmental health of other States.
No.

6] Caribbean Community Climate Change Centre 37 Article VII Composition Of The Centre The Centre shall consist of the following Organs: (a) the Council of Ministers; (b) the Board of Governors; and (c) the Technical Secretariat.

Article VIII Composition And Procedures Of The Council Of Ministers The Council of Ministers (hereinafter called “the Council”) shall 1. comprise Ministers Responsible for the Environment of Members of the Centre.

The Council shall meet once every year.


Each Member of the Council shall be entitled to designate an alternate 2. to represent the Minister on the Council if the Minister is unable to act.

3.

Subject to paragraph 6 of this Article, each Member of the Council shall have one vote.

The Council shall take decisions by a two-thirds majority vote of its Members entitled to vote, and such decisions shall be legally binding.

The Council shall make recommendations by a simple majority vote.
Recommendations shall not create legally binding obligations.

4.

The Council may admit observers to its deliberations but such observers shall not have the right to vote.

Associate Members shall be entitled to be observers at the deliberations of the Council.

The Centre shall bear the cost of representation of Members of the 5.

Council at its Meetings.

38 Caribbean Community Climate Change Centre [No.

6 The Council may suspend from its membership, Members whose 6.
Governments have persistently violated obligations assumed by or under this Agreement.

In taking decisions pursuant to this paragraph, Members against whom action is being taken shall not have the right to vote.

7.

Subject to this Article, the Council shall establish its rules of procedure.
Article IX Functions Of The Council In furtherance of the objectives of the Centre, the Council shall: (a) (b) (c) (d) (e) (f) be the principal policymaking Organ of the Centre and shall, subject to general or special directions of COTED, determine the policy of the Centre; conduct periodic reviews of the adequacy of the provisions of this Agreement and the policies and measures designed to address the adverse effects of climate change in the Caribbean Region; negotiate the timely transfer of resources and technology from the developed countries to the Members of the Centre in order to address the negative effects of climate change in the Caribbean Region; facilitate, at the request of two or more Members of the Centre, the co-ordination of measures adopted by them in response to the adverse effects of climate change, taking into account the different capabilities of the Members concerned; consider and adopt the recurrent and capital budgets of the Centre on the recommendations of the Board of Governors; establish such subsidiary bodies as may be necessary for the performance of its functions; No.
6] Caribbean Community Climate Change Centre 39 (g) formulate national and regional sustainable development strategies to allow for more effective use of institutional, financial and human resources as a basis for efficient and effective implementation of donor-assisted programmes and projects; (h) approve the eligibility criteria for funding of projects established by the Council; (i) (j) appoint the Director of the Technical Secretariat on the recommendation of the Board; conclude agreements for the achievement of the objectives of the Centre.
Article X The Board Of Governors The Board of Governors (hereinafter called “the Board” shall consist 1. of representatives of Members and institutions, both public and private, set out in the Annex to this Agreement.

2.

The Board shall meet in ordinary session once in every year and in extra-ordinary session as often as the Board considers necessary or expedient.

The Centre shall defray the expenses of Members of Board incurred to 3. attend meetings of the Board.

4.
4.

Each Member of the Board shall have one vote.

The Board shall take decisions by a qualified majority of three-quarters 5. of the votes of its membership.

Subject to the provisions of this Article, the Board shall determine its 6. rules of procedure.

40 Caribbean Community Climate Change Centre [No.
6 Article XI Functions Of The Board The Board shall perform the following functions: (a) (b) (c) (d) (e) (f) initiate or determine, as the case may be, projects designed to protect the climate system or to address the adverse effects of climate change in the Caribbean Region; adopt measures to mitigate climate change by addressing anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol as well as measures to facilitate adaptation to climate change; in preparing to address the adverse effects of climate change, encourage the development and elaboration of appropriate integrated plans for coastal zone management, water resources and agriculture; undertake and co-operate in the full open and prompt exchange of relevant scientific, technological, technical, socio-economic and legal information related to the climate system and climate change of the Caribbean Region and the economic and social effects of various response strategies; promote and co-operate in education, training and public awareness related to climate change and encourage the widest participation in this process, including that of non- governmental organisations; consider and adopt, as appropriate, the Work Programme and Reports of the Technical Secretariat on the work of the Centre; (g) approve regional environmental projects for which the Centre can perform the functions of executing agency; No.
6] Caribbean Community Climate Change Centre 41 (h) approve the Staff Regulations of the Centre.
(i) determine and approve the resources of the Centre required for its recurrent and capital budgets and the Reserve Fund established by Article 11; (j) mobilise resources for the Centre and cause to be undertaken the studies and arrangements required for the purpose; (k) manage the Reserve Fund, including the investment of its liquid assets and transfer the income from such investments periodically to the Reserve Fund; (l) cause to be kept appropriate records and accounts of the Reserve Fund and provide for their annual audit in accordance with internationally accepted accounting principles; (m) prepare for submission to the Council, annual financial reports regarding the investments and use of the resources of the Reserve Fund; (n) cause to be transferred to the Technical Secretariat from the Reserve Fund, the amounts approved by the Council for the recurrent and capital budgets of the Centre; (o) monitor the application of the resources of the recurrent and capital budgets of the Centre in order to ensure that such resources are being employed in accordance with this Agreement and the Work Programme of the Technical Secretariat approved by the Council; (p) approve the auditors of the Fund on the recommendation of the Technical Secretariat and submit the annual report of the auditors to the Council for examination and approval.
42 Caribbean Community Climate Change Centre [No.

6 Article XII Composition And Procedures Of The Policy Advisory Committee 1.
The Board shall establish a Policy Advisory Committee (hereinafter referred to as “the Committee”) comprising representatives from public and private sector organisations, including the Caribbean Community (CARICOM), the United Nations Environment Programme (UNEP), the Caribbean Environmental Health Institute (CEHI), the CARICOM Fisheries Unit (CFU), the University of the West Indies Centre for Environment and Development (UWICED), the Caribbean Conservation Association (CCA), the United Nations Development Programme (UNDP), the Organisation of Eastern Caribbean States/ Natural Resources Management Unit (OECS/ UNRMU) the Organisation of American States (OAS), the Association of Caribbean States (ACS), the Caribbean Meteorological Institute (CMI), the Caribbean Association for Industry and Commerce (CAIC), and such other organisations as the Board may determine.
2.

Each member of the Committee shall have one vote.

3.

The Committee shall elect its Chairman from among its membership and the Chairman shall hold office for one year.

The Chairman shall be eligible for re-election.

4.

The Committee shall meet once every year immediately prior to the annual meeting of the Board and shall submit an annual report on its activities to the Board.

The Centre shall defray the expenses incurred by 5.

Members to attend meetings of the Committee.

6.


The Committee shall take decisions by consensus.

Subject to the provisions of this Article, the Committee 7. may adopt its own rules of procedure.

No.
6] Caribbean Community Climate Change Centre 43 Article XIII Functions Of The Committee The Committee shall have responsibility for advising the Board on, inter alia: (a) the eligibility criteria to be adopted by the Centre for projects to be funded by the Centre; (b) the programme priorities to be adopted by the Centre; (c) (d) projects in the area of climate change to be developed by the Centre for funding by interested organisations; projects designed to protect the Caribbean climate system from the negative effects of climate change and to devise strategies to adapt to such negative effects; (e) the capital budget of the Centre for projects mentioned at paragraph (f) for consideration and adoption by the Board; (g) projects in respect of which the Centre desires to perform the functions of executing agency, and (h) such other functions as the Board may determine.
Article XIV The Technical Secretariat The Technical Secretariat shall comprise a Director and such other 1. members of staff as the Board may determine.

44 Caribbean Community Climate Change Centre [No.

6 The Director shall be appointed by the Board on the recommendation of 2. the Policy Advisory Committee.

The Director shall serve for a period of five years and may be re-appointed.
In the appointment of staff to the Technical Secretariat, the Director 3. shall be guided by the principle of equitable geographical representation of Members of the Centre and the requirement to ensure the highest standards of efficiency in the delivery of services.

4.

Staff members of the Technical Secretariat shall be accorded the status of international bureaucrats.

In the performance of their functions, they shall neither seek nor take instructions from any authority external to the Centre.
Representatives of Members of the Centre shall refrain from actions tending to compromise the status of the staff of the Technical Secretariat as international bureaucrats.

5.

The conditions of employment of the staff of the Technical Secretariat shall be set out in the Staff Regulations to be established under the direction of the Director.
Article XV Functions Of The Technical Secretariat The Technical Secretariat shall perform the following functions: (a) (b) (c) provide the Council with timely advice on scientific and technological matters relating to climate change and adaptation to the adverse effects thereof; provide assessments of the state of scientific knowledge relating to climate change and its effects; provide assessments of the effects of measures designed to deal with the adverse effects of climate change; No.
6] Caribbean Community Climate Change Centre 45 (d) (e) (f) (g) (h) (i) (j) (k) (l) identify efficient state-of-the-art technologies and know- how designed to counter the adverse effects of climate change and advise on their development, transfer and adaptation to the conditions of Members of the Centre; provide advice on scientific programmes, international co- operation in research and development relating to climate change, as well as on developing relevant endogenous capabilities; respond to Members requesting scientific, technological and methodological information on climate change and adaptation to the adverse effects thereof; identify environmental projects in respect of which the Centre could perform the functions of executing agency; provide secretarial services for the meetings of the Council and subsidiary bodies of the Centre; co-ordinate the work of the Centre with that of interested inter-governmental and non-governmental bodies; under the authority of the Council, conclude such administrative and contractual arrangements as may be required for the effective performance of its functions; prepare the draft recurrent budget for submission to the Board for examination and approval; prepare the Work Programme of the Centre for submission to the Board for examination and approval.
46 Caribbean Community Climate Change Centre [No.

6 Article XVI The Reserve Fund The Centre shall establish a Reserve Fund along the lines set out in this 1.

Article.

2.
The resources of the Reserve Fund shall consist of the following: (a) grants from international donors and sponsors of the Centre; (b) grants from Members and Associate Members; (c) grants from entities, public and private, which are not sponsors of the Centre; (d) unspent balances from the annual budgets of the Centre; (e) revenues derived from the operations of the Centre; (f) income from investments of the Centre The resources of the Reserve Fund shall be employed to finance the 3. recurrent and capital budgets of the Centre.
Withdrawal of resources from the Reserve Fund shall require the prior 4. authorisation of the Chairmen of the Board and the Council acting jointly.

5.

The resources of the Reserve Fund shall be held in such liquid form as the Board may determine, provided that whenever it is in the interest of the Centre, the resources of the Reserve Fund may be invested in the securities of the Region.
Investments mentioned in paragraph 5 shall be made by the Director 6. of the Technical Secretariat with the approval of the Board and the Council.

The finances of the Reserve Fund shall be audited annually by the 7. auditors appointed by the Centre to audit its accounts.

The Report of the Auditors shall be submitted to the Board for consideration and approval.

No.
No.

6] Caribbean Community Climate Change Centre 47 Article XVII Transitional Arrangements Pending the establishment of the Reserve Fund, the Government of the 1.

Member in whose territory the Headquarters of the Centre is to be located, shall advance to the Technical Secretariat such amounts as may be necessary for the efficient functioning of the Technical Secretariat.

2.
2.

The advances mentioned in paragraph 1 shall constitute a charge on the resources of the Reserve Fund to be liquidated as soon as practicable after the establishment of the Reserve Fund or, with the consent of the Government of the Member where the Headquarters of the Centre is to be located, may be applied to augment the resources of the Reserve Fund.

3.
3.

Pending the appointment of the Director, the Government of the Member in whose territory the Headquarters is to be located, may second to the Technical Secretariat, on terms and conditions to be agreed with the Secretary-General of the Caribbean Community, a senior official to manage the affairs of the Technical Secretariat in the interest of the Centre.

In the performance of his duties, the seconded official shall be subject to the provisions of paragraph 4 of Article 8.
Article XVIII The Headquarters Of The Centre The Headquarters of the Centre shall be established and located in the territory of a Member which shall accord to the Centre and the staff of the Technical Secretariat the rights, privileges and immunities set out in this Agreement.

48 Caribbean Community Climate Change Centre [No.


6 Article XIX Status, Privileges And Immunities Members shall accord to the Centre within their jurisdictions, the status, immunities, exemptions and privileges set out in Articles 20 to 27 in order to enable it to effectively fulfill its objectives and carry out the functions entrusted to it.
Article XX Legal Status Of The Centre The Centre shall possess full juridical personality and, in particular, full 1. capacity to: (a) contract; (b) acquire and dispose of moveable and immoveable property; (c) institute legal proceedings The Centre may enter into agreements with Members, third States and 2. other international organisations for the achievement of its objectives.

In any legal proceedings, the Centre shall be represented by the 3.

Director.

Article XXI Legal Process 1.


The Centre shall be immune from every form of legal process, except in cases arising out of or in connection with the purchase of land, securities or merchantable commodities, in which cases actions may be brought against the Centre in a court of competent jurisdiction in the Territory of a Member in which the Centre has an office or in a non-Member State where the Centre has No.
6] Caribbean Community Climate Change Centre 49 appointed an agent for the purpose of accepting service or notice of process.

2.

Notwithstanding the provisions of paragraph 1, no action shall be brought against the Centre by a Member or any agency thereof, or by any entity or person directly or indirectly acting for or deriving claims from a Member.
Members shall have recourse to such special procedures for the settlement of disputes between the Centre and its Members as may be provided for in this Agreement.

The Centre, its property and assets wheresoever located and 3. by whomsoever held, shall be immune from all forms of seizure, attachment or execution before delivery of final judgment against the Centre.

4.
4.

Nothing in this Agreement shall be construed as disentitling a person aggrieved by a motor vehicle accident from instituting legal proceedings against the Centre, its officials, representatives or experts.

Article XXII Immunity of Assets and Archives Property and assets of the Centre, wherever located 1. and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of taking or foreclosure by executive or legislative action.

2.
2.

The archives of the Centre and, in general, all documents belonging to or held by the Centre, shall be inviolable, wherever located.

50 Caribbean Community Climate Change Centre [No.
6 Article XXIII Freedom of Assets from Restrictions To the extent necessary to achieve the objectives and perform the functions of the Centre effectively, and subject to the provisions of the Agreement, the Centre: (a) may hold assets of any kind and operate accounts in any currency; (b) shall be free to transfer its assets from one country to another or within any country, and to convert any currency held by it into any other currency, without being restricted by financial controls, regulations or moratoria of any kind.
Article XXIV Privilege for Communications Official communications of the Centre shall be accorded by each Member, treatment not less favourable than that it accords to the official communications of any other Member.
Article XXV Privileges and Immunities of Centre Personnel The Director, other senior officials of the Centre notified to and approved by the Government of Members, Members of the Board and Council, and experts performing missions for the Centre: (a) shall be immune from legal process in respect of acts performed by them in their official capacity; No.
6] Caribbean Community Climate Change Centre 51 (b) (c) shall, unless they are local citizens or nationals, be accorded such immunities from immigration restrictions, alien registration requirements and national service obligations, and such facilities as regards exchange regulations as are not less favourable than those accorded by Members concerned to the representatives, officials and experts of comparable rank of any other Member; shall be granted such repatriation facilities in time of international crisis as are not less favourable than those accorded by the Members concerned to the representatives, officials and experts of comparable rank of any other Member.
Article XXVI Exemption from Taxation 1.

The Centre, its assets, property, income, operations and transactions shall be exempt from all direct taxation and from all customs duties on goods imported for its official use.

2.

Notwithstanding the provisions of paragraph 1 of this Article, the Centre shall not claim exemption from taxes which are no more than charges for public utility services.

3.
3.

The Centre will not normally claim exemption from excise duties and from taxes on the sale of moveable and immoveable property which form part of the price to be paid.

Nevertheless, where the Centre is making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, Members shall, whenever possible, make appropriate administrative arrangements for the remission or the return of the amount of duty or tax.
Articles imported under an exemption from customs duties as provided 4. by paragraph 1 of this Article, or in respect of which a remission or return of duty or tax has been made under paragraph 3, shall not be sold in the territory 52 Caribbean Community Climate Change Centre [No.

6 of the Member granting the exemption, remission or retrieve except under conditions agreed with the Member.

5.
5.

No tax shall be levied on or in respect of salaries and emoluments paid by the Centre to the Directors, Officials or Experts performing missions for the Centre.

However, Members reserve the right to tax their own citizens, nationals or persons permanently resident in the territories of such Members.

Article XXVII Waiver of Immunities, Exemptions and Privileges 1.

The exemptions, immunities and privileges provided in Articles 21-27 are granted in the interest of the Centre.
The Council may waive to such extent and upon such conditions as it may determine, the immunities, exemptions and privileges provided in the said Articles in cases where such action would, in its opinion, be appropriate in the best interest of the Centre.

2.
2.

The Director shall have the right and duty to waive any immunity, exemption or privilege in respect of any official or expert performing a mission for the Centre where, in his opinion, the immunity, exemption or privilege would impede the course of justice and could be waived without prejudice to the interests of the Centre.

In similar circumstances and under the same conditions, the Council 3. shall have the right and duty to waive any immunity, exemption or privilege in respect of the Director.
Article XXVIII Implementation Every Member shall take appropriate steps to make the provisions of Articles 21-27 effective within its jurisdiction and shall inform the Centre promptly.

No.

6] Caribbean Community Climate Change Centre 53 Article XXIX Questions of Interpretations and Application Any question of interpretation or application of the provisions of this 1.

Agreement not otherwise expressly provided for shall be submitted to the Council for decision.

2.
2.

In any case where the Council has given a decision under paragraph 1 of this Article, any Member may require that the question be referred to an arbitral tribunal whose decision shall be final.

Pending the decision of the arbitral tribunal, the Centre, as it considers necessary, may act on the basis of the decision of the Council Article XXX Constitution of Arbitral Tribunal 1.

Each of the Members parties to a dispute shall be entitled to appoint one arbitrator.
The two arbitrators chosen by the parties shall be appointed within fifteen days following the decision to refer the matter to arbitration.

The two arbitrators shall, within fifteen days following the date of their appointments, appoint a third arbitrator who shall be the Chairman.

As far as practicable, the arbitrators shall not be nationals of any of the parties to the dispute.

2.
2.

Where either party to the dispute fails to appoint its arbitrator under paragraph 1, the Secretary-General shall appoint the arbitrator within ten days.

Where the arbitrators fail to appoint a Chairman within the time prescribed, the Secretary- General shall appoint a Chairman within ten days.

3.
3.

Where more than two Members are parties to a dispute, the parties concerned shall agree among themselves on the two arbitrators to be appointed within fifteen days following the decision to refer the matter to arbitration and the two arbitrators shall within fifteen days of their appointment appoint a third arbitrator who shall be the Chairman.

4.
4.

Where no agreement is reached under paragraph three, the Secretary- General shall make the appointment within ten days and where the arbitrators fail to 54 Caribbean Community Climate Change Centre [No.

6 appoint a Chairman within the time prescribed the Secretary-General shall make the appointment within ten days.

5.
5.

Notwithstanding paragraphs 1, 2, 3 and 4, Members parties to a dispute may refer the matter to arbitration and consent to the Secretary-General appointing a sole arbitrator who shall not be a national of a party to the dispute.

Article XXXI Rules of Procedure of Arbitral Tribunal Subject to the relevant provisions of this Agreement, the Arbitral 1.

Tribunal shall establish its own rules of procedure.

The procedures shall assure a right to at least one hearing before the 2.
Arbitral Tribunal as well as the opportunity to provide initial and rebuttal written submissions.

3.

The Arbitral Tribunal’s hearings, deliberations and initial report, and all written submissions to and communications with the Arbitral Tribunal, shall be confidential.

The Arbitral Tribunal may invite any Member to submit views orally or 4. in writing.

The award of the Arbitral Tribunal shall be confined to the subject- 5. matter of the dispute and shall state the reasons on which it is based.
Where the parties cannot agree on the interpretation or implementation 6. of the award, either party may apply to the Arbitral Tribunal for a ruling within thirty days of the award.

The term of the Arbitral Tribunal shall come to an end unless an application for a ruling has been received, in which case it shall continue for such reasonable time, not exceeding thirty days, as may be required to make the ruling.
Decisions of the Arbitral Tribunal shall be taken by a majority vote of 7. its members and shall be final and binding on the Members parties to the dispute.

No.
No.

6] Caribbean Community Climate Change Centre 55 Article XXXII Third Party Intervention A Member which is not a party to a dispute, on delivery of a notification to the parties to a dispute and to the Secretary-General, shall be entitled to attend all hearings and to receive written submissions of the parties to a dispute and may be permitted to make oral or written submissions to the Arbitral Tribunal.
Article XXXIII Additional Information from Experts Where proceedings have commenced, the Arbitral Tribunal may, on its own initiative or on the request of a party to the dispute, seek information and technical advice from any expert or body that it considers appropriate, provided that the parties to the dispute so agree and subject to such terms and conditions as the parties may agree.

Article XXXIV Expenses of Arbitral Tribunal 1.


The expenses of the Arbitral Tribunal, including the fees and subsistence allowances of arbitrators and experts engaged for the purposes of a dispute, shall be borne equally by the Members parties to the dispute unless the Arbitral Tribunal, taking into account the circumstances of the case, otherwise determines.

Where a third party intervenes in the proceedings, the party shall bear 2. the costs associated with the intervention.
56 Caribbean Community Climate Change Centre [No.

6 Article XXXV Signature This Agreement shall be open for signature by any of the States or countries referred to in paragraph 1 of Article 3.

Article XXXVI Ratification This Agreement and any amendments thereto shall be subject to ratification by signatory States in accordance with their respective constitutional procedures.
Instruments of ratification shall be deposited with the Government of the host country which shall transmit certified copies thereof to the other signatory States.

Article XXXVII Entry Into Force This Agreement shall enter into force upon the deposit of the seventh instrument of ratification with the Government of the host country.
Article XXXVIII Registration This Agreement and any amendments thereto shall be registered with the Secretariat of the United Nations in accordance with Article 102 of the Charter.

Article XXXIX Accession Any country to which paragraph 2 of Article 3 applies may accede to this 1.

Agreement and become a Contracting Party on such terms and conditions as the Council may decide.

No.

6] Caribbean Community Climate Change Centre 57 2.

Instruments of Accession shall be deposited with the Depositary.
Article XXXX Withdrawal 1.

A Contracting Party may withdraw from this Agreement by giving three years’ notice in writing to the Depositary who shall promptly notify the other Contracting Parties accordingly and the withdrawal shall take effect three years after the date on which the notice has been received by the Depositary, unless the Contracting Party before the withdrawal becomes effective notifies the Depositary in writing of the cancellation of its notice of withdrawal.

2.
2.

A Contracting Party that withdraws from this Agreement undertakes to honour any financial or other obligations duly assumed as a Contracting Party; this includes any matter relating to an appeal filed before withdrawal becomes effective.

Article XXXXI Implementation The Contracting Parties shall take all necessary action, whether of a legislative, executive or administrative nature, for the purpose of giving effect to this Agreement.
Such action shall be taken as expeditiously as possible, and the Director shall be informed accordingly.

58 Caribbean Community Climate Change Centre [No.

6 ANNEX TO THE AGREEMENT ESTABLISHING THE CARIBBEAN COMMUNITY CLIMATE CHANGE CENTRE RULES OF PROCEDURE OF THE BOARD OF THE CARIBBEAN COMMUNITY CLIMATE CHANGE CENTRE I.

SCOPE Rule 1 These rules of procedures shall apply to all activities of the Board of the 1.
Caribbean Community Climate Change Centre (CCCCC) undertaken in accordance with the Agreement Establishing the CCC, dated 24 January 2002.

II.

DEFINITIONS Rule 2 For the purpose of these rules: 1.

“Agreement” means the agreement establishing the CCCCC, dated 24 January 2001; 2.

“Parties” mean States or Territories which have either ratified, accepted or acceded to the Agreement; 3.

“Caribbean Community” means the Caribbean Community and Common Market (CARICOM), which went into effect on August 1, 1973.
Among its principal objectives is the “accelerated, co-ordinated and sustained economic development and convergence” of its member States; 4.

“MDCs” mean most developed countries; 5.

“LDCs” mean less developed countries; 6.

“The Board” means the Board of Directors established under Article 10 of the Agreement and elaborated further by decisions of the COTED; No.

6] Caribbean Community Climate Change Centre 59 7.


“COTED” means the Council for Trade and Economic Development of the Caribbean Community (CARICOM); 8.

“The Centre” means the Caribbean Community Climate Change Centre (CCCCC); 9.

“The Director” means the Director of the Technical Secretariat of the Centre; 10.
“MEAs” means multilateral environmental agreements such as the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol; the Convention on Biological Diversity (CBD); the United Nations Convention to Combat Drought and Desertification (UNCCD); the Stockholm Convention on Persistent Organic Pollutants (POPs); and the Vienna Convention and its Montreal Protocol on Substances that Deplete the Ozone Layer; 11.
“Chair” and “vice-chair” mean the members of the Board appointed by COTED, on the recommendation of the Board, to serve in the capacity of chairperson and vice-chairperson of the Board, respectively; 12.

“Member” means member of the Board of the Centre; 13.

“Secretariat” means the Technical Secretariat established under Article 12 of the Agreement to perform the functions outlined in Article 13 of the Agreement; 14.
“Stakeholders” means the public, including individuals, groups or communities within the Parties to the Agreement.

III.

MEMBERS A.

Nomination, election and re-election Rule 3 Paragraph 1 of the Article 10 of the Agreement states that: 60 Caribbean Community Climate Change Centre [No.

6 The Board of Directors shall consist of representatives of Members and 1.

Institutions, both public and private.

Set out in the Annex to this Agreement.


Rule 4 The Fourteenth Meeting of the COTED in March 2003 agree that: 1.

2.

Initally, members of the Board would serve for three (3) but could be reappointed for continuity purposes, if necessary.
For the first three (3) years, the Board will consists of eleven (11) members drawn from the following: (a) (b) (c) five (5) members representing Parties to the Agreement: two (2) representing the more developed countries (MDC), one (1) of which must be drawn from a continental States; two (2) representing the less developed countries (LDCs); and one (1) representing the host country of the Centre ( Belize); three (3) members drawn from regional private sector entities representing the insurance industry, the tourist industry and the petroleum industry; three (3) members drawn from the following regional institutions: CARICOM Secretariat; the Caribbean Development Bank (CBD); and the University of the West Indies.
Rule 5 The COTED also agreed to the following composition of the Board for its first (3) years of operation: 1.

One (1) member representing Antigua and Barbuda; 2.

One (1) member representing Belize; No.

6] Caribbean Community Climate Change Centre 61 3.

One (1) member representing Barbados; 4.

One (1) member representing Saint Lucia; 5.

One (1) member representing Suriname; 6.


One (1) member to represent the Caribbean Tourism Organization (CTO) and the Caribbean Hotel Association, and one (1) member to represent the Insurance Association of the Caribbean; 7.

One (1) member to represent the petroleum industry in Trinidad and Tobago, who will be identified in consultation with the Government of that country; 8.

One (1) each from the CARICOM Secretariat, the Caribbean Development Bank and the University of the West Indies; 9.
To ensure continuity after the initial three (3) year period, a member who is being reappointed shall serve for a period of two (2) years, whereas each newly appointed member shall serve for a period of three (3) years.

Rule 6 Paragraph 3 of Article 10 of the Agreement states that: The Centre shall defray the expenses of Members of the Board incurred to attend meetings of the Board.

B.
B.

Suspension, termination and resignation Rule 7 The Board may suspend and recommend to COTED the termination of 1. the membership of a particular member, for cause including, inter alia, breach of the conflict of interest provisions, breach of the confidentiality provisions, or failure to attend two consecutive meetings of the Board without proper justification.

62 Caribbean Community Climate Change Centre [No.

6 Any motion calling for the suspension of, and recommendation to 2.
COTED to terminate the membership of a member, shall immediately be put to the vote in accordance with the voting rules in section V below.

When the motion concerns the suspension of, and recommendation to COTED to terminate the membership of the Chairman, appointed under Rule 12, the Vice- Chairman shall act as Chairman until the voting has been conducted and its result announced.

3.
3.

The Board shall suspend and recommend termination of the membership of a member, only after the member has been afforded the opportunity of a hearing by the Board in a meeting.
Rule 8 If a member resigns or is otherwise unable to complete his/her term of 1. office or to perform the functions of that office, the Board may decide, bearing in mind the proximity of the next session COTED, to appoint another member, from the same country Party of the departing member, to replace the said member for the remainder of that member’s mandate.

The Board shall request the relevant country Party to nominate the new 2. member be appointed in accordance with paragraph 1 of this rule.
C. Conflict of interest and confidentiality Rule 9 Members of the Board shall have no pecuniary or financial interest in any aspects of the Centre’s activities.

Rule 10 1.

Members of the Board shall take a written oath of service witnessed by the Secretary-General of CARICOM (or his/her authorized representative) before assuming his or her duties as a member of the Board.

2.

The written oath of service shall read as follows (see Annex): No.

6] Caribbean Community Climate Change Centre 63 Rule 11 1.
Members of the Board shall, subject to their responsibilities to the Board, not disclose any confidential or proprietary information coming to their knowledge by reason of their duties as a member of the Board.

The duty of the member not to disclose confidential information constitutes an obligation in respect of that member and shall remain an obligation after the expiration or termination of that member’s function for the Executive Board.

2.
2.

Information obtained by members from the Centre’s project participants marked as proprietary or confidential shall not be disclosed without the written consent of the provider of the information, except as required by national law.

D. Officers Rule 12 The Chair and Vice-Chair of the Board shall be appointed by the COTED from among the members of the Board, taking fully into account the need for rotation and regional balance between these positions.
The Chair and the Vice-Chair shall serve for a period of three (3) years.

Each may only be reappointed for one consecutive term.

Rule 13 The Chair and Vice-Chair shall serve in their respective capacities at 1. any meeting of the Board.

If the Chair is not able to serve in that capacity for a meeting, the Vice- 2.

Chair shall serve as Chair.


If both are unable to serve in their respective capacities, the Board shall designate one of its members from among its members present to serve as Chair for that meeting.

3.
3.

If the Chair or Vice-Chair ceases to be able to carry out his or her functions, or ceases to be a member, the Board shall recommend a new Chair or Vice-Chair to serve as Chair or Vice-Chair, for the remainder of the term for approval of the next meeting of COTED which follows the cessation of the functions of the Chair or Vice-Chair appointed under Rule 12.

64 Caribbean Community Climate Change Centre [No.


6 Rule 14 The Chair shall preside over the meetings of the Executive Board as 1. provided for under this rule; 2.

In addition to exercising the functions conferred upon the Chair elsewhere by these rules, the Chair shall declare the opening and closing of meetings, preside at meetings, ensure the observance of these rules, accord the right to speak, put questions to the vote and announce decisions.
The Chair shall rule on points of order and, subject to these rules, shall have complete control of the proceedings and over the maintenance of order at the meeting.

3.

The Chair may propose to the Board a limitation on the time to be allowed to speakers and on the number of times each member may speak on a question, the adjournment or closure of the debate and the suspension or adjournment of a meeting.

The Chair, or any other member designated by the Board, shall represent the Board as necessary.
E. Other Officers Rule 15 A Secretary of the Board shall be appointed by the Board.
He/she shall 1. be responsible for: (a) Receiving, reproducing and distributing to members the documents of a meeting; (b) Recording and making available when required the full texts of all the meetings and the decisions of the Board; (c) Assist the Board in fulfilling tasks relating to the maintenance of files and the collection, processing and availability of information; (d) Perform all other work that the Board may require.

No.
No.

6] Caribbean Community Climate Change Centre 65 The Secretary shall attend and participate in the meetings of the Board, 2. in accordance with paragraph 5 of Rule 31 of these Rules of Procedure.

In the first instance, or until such time as the Centre becomes a viable financial entity, an individual identified by the Secretary-General of CARICOM (or his designated representative), will serve as Secretary of the Board, at no financial cost to the Board.
A Legal Counsel to the Board shall be appointed by the Board.

He/she 3. will provide, upon request, legal advice to the Board on matters under its consideration.

He/she can attend and participate in the meetings of the Board, in accordance with paragraph 5 of Rule 31 of these Rules of Procedure.
In the first instance, or until such time as the Centre becomes a viable financial entity, an individual identified by the Secretary-General of CARICOM (or his designated representative), will serve as legal counsel, at no financial cost to the Board.

IV.

MEETINGS A.

Dates Rule 16 In accordance with paragraph 2 of Article 10 of The Agreement, the Board shall meet in ordinary session once a year and in extraordinary session as often as the Board considers necessary or expedient.
Rule 17 At the first Board meeting of each calendar year, the Chair shall 1. propose for the approval of the Board a schedule of meetings for that calendar year.

If changes to the schedule or additional meetings are required, the Chair 2. shall, after consultations with all members, give notice of any changes in the dates of scheduled meetings, and/or of the dates of additional meetings.

66 Caribbean Community Climate Change Centre [No.


6 Rule 18 The Chair shall convene and give notice of the date of each meeting of the Board not less than eight weeks prior to the date of such meeting.

Rule 19 The Secretary of the Board shall promptly notify all those invited to the meeting.

Rule 20 The Director of the CCCCC is the Executive Secretary and shall also function as the Reporting Secretary.
B. Venue Rule 21 Meetings of the Board shall be held at the location of the Centre, unless the Board decides otherwise or other appropriate arrangements are made by the Secretary of the Board, in consultation with the Chair.

C. Agenda Rule 22 The Chair, assisted by the Secretary of the Board, shall draft the provisional agenda of each meeting of the Board and transmit a copy of such provisional agenda, agreed upon by the Board at its previous meeting, to all those invited to the meeting.
Rule 23 Additions or changes to the provisional agenda of a meeting may be proposed to the Secretary of the Board by any member and incorporated in the proposed agenda provided that the member, shall give notice thereof to the Secretary of No.

6] Caribbean Community Climate Change Centre 67 the Board not less than four weeks before the date set for the opening of the meeting.
The proposed agenda for the meeting shall be transmitted by the Secretary of the Board to all those invited to the meeting three weeks before the date set for the opening of the meeting.

Rule 24 The Board shall, at the beginning of each meeting, adopt the agenda for the meeting.
Rule 25 Any item included on the agenda for a meeting of the Board, consideration of which has not been completed at that meeting, shall be included automatically on the provisional agenda for the next meeting, unless otherwise decided by the Board.

D. Documentation Rule 26 All documentation for a Board meeting shall be made available to 1. members through the Secretary of the Board at least two weeks before the meeting.

2.
2.

Documentation can be made publicly available by the Secretary of the Board soon after transmission to members.

Availability of such documentation shall be subject to confidentiality provisions.

E. Transparency Rule 27 Subject to the need to protect confidential information, the principle of transparency should apply to all the work of the Board, encompassing the timely public availability of documentation after due consideration by the COTED.

68 Caribbean Community Climate Change Centre [No.


6 F. Attendance Rule 28 Meetings of the Board shall be open to attendance, as observers, by all 1.

Parties and stakeholders, except where otherwise decided by the Board.

Observers may, upon invitation by the Board, make presentations 2. relating to matters under consideration by the Board.

G. Quorum Rule 29 At least two thirds of the members of the Board must be present to constitute a quorum.

H. Voting Rule 30 1.


Decisions by the Board shall be taken by consensus, whenever possible.

If all efforts at reaching a consensus have been exhausted and no agreement reached, decisions shall be taken by a three-fourths majority of the members present and voting at the meeting.

Members abstaining from voting shall be considered as not voting.

2.

The Chair shall ascertain whether consensus has been reached.
The Chair shall declare that a consensus does not exist if there is a stated objection to the proposed decision under consideration by a member of the Board.

3.

Each member shall have one vote.

For the purpose of this rule, the phrase “members present and voting” means members present at the meeting at which voting takes place and casting an affirmative or negative vote.

No.

6] Caribbean Community Climate Change Centre 69 Rule 31 1.
Whenever, in the judgment of the Chair, a decision must be taken by the Board which cannot be postponed until the next meeting of the Board, the Chair shall transmit to each member a proposed decision, with an invitation to approve the decision by consensus.

Together with the proposed decision, the Chair shall provide, subject to the applicable confidentiality requirements, the relevant facts that, in the Chair’s judgement, justify decision-making pursuant to this rule 30.
The proposed decision shall be transmitted in the form of an electronic message.

A quorum of the Board is required to confirm the receipt of the message.

2.

Members shall be given two weeks from the date of receipt of the proposed decision for comments.

These comments shall be made electronically available to members and alternate members.

3.

At the expiration of the period referred to in paragraph 2 above, the proposed decision shall be considered approved if there is no objection by any member.
If an objection is raised, the Chair shall include consideration of the proposed decision as an item on the proposed agenda for the next meeting of the Board and inform the Board accordingly.

Any decision made using the procedure specified in paragraphs 1 to 3 4. of this rule shall be included in the report of the Board at its next meeting.
Observers invited to participate in the meetings of the Board shall do 5. so at the discretion of the Chair and do not have the right to vote or to participate in any form of voting, including by electronic means, by members of the Board.

Observers shall be bound by the confidentiality provisions of the Board.

VI.

LANGUAGES Rule 32 The working language of the Board shall be English.

The full text of all decisions of the Board shall submitted to the COTED.
70 Caribbean Community Climate Change Centre [No.

6 VII.

COMMITTEES, PANELS AND WORKING GROUPS Rule 33 The Board may establish committees, panels or working groups to 1. assist in the performance of its functions.

The Board shall draw on the expertise necessary to perform its functions.

In this context, it shall take fully into account the consideration of regional balance.

2.
2.

Each committee, panel or working group shall be composed of an appropriate number of members determined by the Board Members of these bodies shall have demonstrated and recognized technical expertise in the relevant field of work.

3.

In establishing a committee, working group or panel, the Board shall appoint two Board members to act as Chair and Vice-Chair of the panel.

The Board may appoint additional members to participate in each of these bodies.
In establishing a committee, working group or panel, the Board shall 4. determine its terms of reference.

The terms of reference shall include a work plan, the deadline for submission of documents, the criteria for the selection of the body’ members and the necessary budgetary provisions.

Reports of committees, panels and working groups to the Board shall 5. be made publicly available, subject to confidentiality provisions.

VIII.

SECRETARIAT Rule 34 The Secretariat shall service the Board.
Rule 35 The Director shall arrange for the provision of staff and services required for the servicing of the Board from within available resources.

The Director shall manage and direct such staff and services and provide appropriate support and advice to the Board.

No.

6] Caribbean Community Climate Change Centre 71 IX.

CONDUCT OF BUSINESS Rule 36 The Board shall undertake any tasks assigned to it by the Agreement, and by any subsequent decisions taken by the COTED.

X.
X.

RECORD OF THE MEETING Rule 37 Before the end of each meeting, the Chair shall present draft conclusions and decisions of the meeting for consideration and approval by the Board.

Any written records of the Board or recordings of proceedings shall always be kept by the Secretary of the Board within the physical premises of the Technical Secretariat.

XI.
XI.

AMENDMENTS TO THE RULES Rule 38 Once adopted by the Board and subsequently approved by the COTED, the Board may at any time make amendments or additions to its rules of procedure, as appropriate.

Such amendments and/or additions shall be submitted to the COTED for its approval.

XII.
XII.

AMENDMENTS TO THE AGREEMENT Rule 39 The Board may recommend amendments, additions and/or deletions to the Agreement to the COTED, as Centre evolves to meet the challenges faced by the region with respect to the MEAs and sustainable development, for the latter’s consideration and subsequent adoption.

72 Caribbean Community Climate Change Centre [No.


6 ANNEX Oath of Service “I solemnly declare that I will perform my duties as a member of the Board of the Centre, honourably, faithfully, impartially and conscientiously.

“I further solemnly declare and promise that I shall have no financial interest in any aspect of the Centre’s operations, including its project activities.
Subject to my responsibilities to the Board, I shall not disclose, even after the termination of my functions, any confidential or proprietary information which has been brought to the attention of the Board in connection with the operations of the Centre, or any other confidential information coming to my knowledge by reason of my duties for the Board.
“I shall disclose to the Chairman of the Board any interest in any matter under discussion before the Board which may constitute a conflict of interest or which might be incompatible with the requirements of integrity and impartiality expected of a member of the Board and I shall refrain from participating in the work of the Board in relation to such matter.” Signed by: Witnessed by: __________________________ Member of the Board __________________________ Secretary-General of CARICOM No.
6] Caribbean Community Climate Change Centre 73 SECOND SCHEDULE (Section 2) PROTOCOL ON THE PROVISIONAL APPLICATION OF THE AGREEMENT ESTABLISHING THE CARIBBEAN COMMUNITY CLIMATE CHANGE CENTRE THE CONTRACTING PARTIES: Recalling that Article 37 of the Agreement Establishing the Caribbean Community Climate Change Centre (CCCC) provided for its entry into force upon the deposit of the seventh Instrument of Ratification with the Government of the host country; Desiring to provide for the expeditious operationalisation of the Caribbean Community Climate Change Centre (CCCC); Have agreed as follows: Article I Provisional Application of the Agreement Establishing the Caribbean Community Climate Change Centre The signatories of the Agreement Establishing the Caribbean Community Climate Change Centre have agreed to apply the said Agreement among themselves provisionally, pending its definitive entry into force in accordance with Article 37 thereof.
Article II Entry Into Force This Protocol shall enter into force upon signature by seven of the signatories of the Agreement Establishing the Caribbean Community Climate Change Centre.

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