Considerations on COM(2024)252 -

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dossier COM(2024)252 - .
document COM(2024)252
date June 14, 2024
 
(1) Participation of the Union, as appropriate, in international organisations or boards thereof need to be decided on the basis of a case-by-case analysis, taking into account the rules governing the composition of such organisations or boards as well as the specific EU competences at stake.

(2) The Union is a Party to the UN Framework Convention on Climate Change (UNFCCC) and to the Paris Agreement and participated in the approval of the establishment of a Fund for Responding to Loss and Damage and its Governing Instrument (‘the Agreement’) by the Conference of the Parties to the United Nations Framework Convention on Climate Change (COP) and the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement (CMA)3 on 29 November 2023.

(3) Pursuant to paragraph 17 of the Agreement, 12 members of the Board of the Fund will be representatives of developed country Parties. In the decision accompanying the approval of the Agreement, the Parties to the UNFCCC and to the Paris Agreement were invited, through their regional groups and constituencies, to submit nominations of representatives for membership of the Board of the Fund to the UNFCCC secretariat as soon as possible4.

(4) Arrangements for convening the first meeting of the Board of the Fund will be initiated as soon as possible once all voting member nominations have been submitted.

(5) The Union has since agreed with other developed country Parties that the EU and its Member States will nominate representatives as 7 members and 7 alternates on the Board.

(6) It is appropriate to establish the position to be taken on the Union’s behalf concerning the nomination of a Union representative to the Board and on the modalities with which the Commission and the Member States will, respectively, express and support Union positions in the Board, as the nomination of the Union representative on the Board will have legal effects.

(7) A Union seat in the Board, held by the Commission, does not alter whether or to what extent a Union position on matters discussed in the Board is needed, nor the procedures for adopting such a position, and must respect the principle of sincere cooperation.

(8) A Union seat in the Board does not affect the possibility of Member States represented in the Board to express support to any duly agreed Union position, or their position, on matters falling within their competence, while respecting the principle of sincere cooperation.

(9) The Commission will report back periodically to the Council on Board proceedings in line with the principle of sincere cooperation enshrined in the Treaties.

(10) The position on membership of the Board does not alter the representation of the EU and its Member States in the UNFCCC.

(11) The recast of the Financial Regulation is expected to enter into force in the autumn 2024, and this decision is not considered a precedent for the Union’s participation in future global initiatives covered by that Regulation. The present Council decision is not a precedent for the further implementation of the Fund and participation in the Board, as well as for the Commission’s own prerogatives to implement the Union budget, in accordance with Article 17 (1) TEU and Article 317 TFEU, to decide any possible Union contributions to the Fund or to further implement such contributions in accordance with point (c) of Article 62(1) of the Financial Regulation.

(12) In any event, any funding pledges by the Union to the Fund must be prepared in accordance with the applicable procedures under Union law.