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Ref: ED62519Issue 1
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Capacity Development Action Plan on Climate Change, Phase I
Table of contents
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Capacity Development Action Plan on Climate Change, Phase I
List of abbreviations
List of abbreviations
AF Adaptation Fund
ARIJ Applied Research Institute of Jerusalem
CA Capacity Assessment
CBA Community-based adaptation
CC Climate Change
CCU Climate Change Unit
CDM Clean Development Mechanism
CDP Capacity Development Program
CPEIR Climate Public Expenditure and Institutional Review
CTCN Climate Technology Centre and Network
CTCN Clean Technology Centre and Network
DACC Designated Authority on Climate Change
DG Directorates General
DM Disaster Management
DNA Designated National Authority
DoM Department of Meteorology
DRR Disaster Risk Reduction
EE Energy efficiency
EIA Environmental Impact Assessment
EIB European Investment Bank
EQA Environment Quality Authority
ERU Emission reduction units
ES Executive Secretariat
FAQ Frequently Asked Question
FTE Fulltime employee
GCF Green Climate Fund
GD General Directorate
GDCCRR&DM General Directorate on Climate Change, Risk Reduction and Disaster Management
(located in EQA) – please note that when we refer to the GDoCC in the document
we are referring to the GDCCRR&DM
GDoCC General Directorate of Climate Change
GEF Global Environment Facility
GHG Greenhouse gas
GIS Geographic Information System
HWE House of Water and Environment
I&FFA Investment and Financial Flows Assessment
IFI International Financing Institutions
INCR Initial National Communication Report
IPCC Intergovernmental Panel on Climate Change
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Capacity Development Action Plan on Climate Change, Phase I
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Capacity Development Action Plan on Climate Change, Phase I
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Capacity Development Action Plan on Climate Change, Phase I
Figure 1: Proposed National Institutional Framework for Climate Change in Palestine (NIFCC) .......... 7
Figure 2: Suggested multi-layered institutional framework on Climate Change for Palestine .............. 10
Figure 3: Suggested iinstitutional structure of the first level – National Level ...................................... 11
Figure 4: Suggested institutional structure of the second level – coordination level ............................ 13
Figure 5: Suggested institutional structure of the third level –operational level.................................... 15
Figure 6: Suggested National Environment and Climate Change Fund Institutional Structure ............ 16
Figure 7: Institutional structure for project implementation ................................................................... 22
Figure 8: Proposed National Institutional Framework on Climate Change in the CDP report .............. 31
Figure 9: Suggested multi-layered institutional framework on climate change for Palestine ............... 33
Figure 10: Suggested institutional structure of the first level – National Level ..................................... 35
Figure 11: Suggested institutional structure of the second level – organisation level .......................... 40
Figure 12: Suggested institutional structure of the third level – operational level................................. 44
Figure 13: Suggested institutional structure for the National Environment and Climate Change Fund 48
Figure 14: Overview of international climate finance landscape........................................................... 75
Figure 15: Global landscape of climate finance, 2015 .......................................................................... 76
Figure 16: Total public and private finance, 2012-2014 in USD billion ................................................. 77
Figure 17: Total public mitigation finance by sector (2014, in USD billion) .......................................... 77
Figure 18: Total adaptation finance by sector (2014, in USD billion) ................................................... 78
Figure 19: Example of private sector investment criteria (source: GIZ, Adelphi) ............................... 101
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Capacity Development Action Plan on Climate Change, Phase I
1 Introduction
This is the final Report for the project “Provision of services to implement the Capacity Development
Action Plan on Climate change “Phase #1””. This project was carried out by Ricardo Energy &
Environment, with local experts Dr. Mohammed Abu Zayed (institutional expert) and Dr. Mahmoud
Dodeen (legal expert). The work was carried out in close collaboration with the Environment Quality
Authority (EQA) and the United Nations Development Program - Program of Assistance to the
Palestinian People (UNDP/PAPP).
The major objectives of this assignment were to:
1. Improve the National Institutional Framework for Climate Change (NIFCC).
2. Amend the Environment Law of Palestine or drafting a proposal for Climate Change Law.
3. Improve access to climate change international funds through preparing a comprehensive
report on climate related financial readiness and developing five concept notes to the Green
Climate Fund (GCF).
This was carried out by desk studies; field assessments; data collection and analysis; stakeholder
consultation; report drafting; and training. In particular, capacity development and training on climate
finance was carried out by the international experts during two missions to Palestine and by the local
experts. This project builds on previous reports and plans that have been developed for Palestine.
This has ensured that the proposed institutional framework, the amended environmental law, and the
climate finance training are in line with the plans and propositions made in the following reports:
The Initial National Communication Report (INCR) which includes a roadmap of the INCR
implementation including the capacity development required. This was completed after
the CDP Assessment report and hence identifies additional capacity development that is
required. The revised NIFCC aligns with the propositions made to enhance climate
finance in the INCR.
The National Adaptation Plan (NAP) which was developed in parallel to the INCR. All five
of the concept notes developed to the GCF as part of this project, largely build on the
actions identified in the NAP and the Nationally Determined Contribution (NDC) which
were developed through multi-stakeholder consultations. Moreover, it was proposed that
the EQA maintain oversight and ensure coordination across all themes/sectors of the
NAP. The revised NIFCC is aligned with propositions made in the NAP.
The Capacity Development Programme report1 which was developed in 2015 by Triple-E
and Climatekos. This report contained the Climate Development Programme (CDP) on
climate change and mainstreaming for the Palestinian Government. Specifically, the CDP
aims to enhance the capacities of the institutions of Palestine to mainstream and address
the challenges of climate change in the areas on reporting, mitigation and adaptation. The
report highlighted the following key action areas:
o Governance structure, institutions and required capacity development;
o Amending the legal and regulatory framework;
o Establishing and enhancing climate finance readiness;
o Establishing and enhancing general awareness, communication education and,
research and knowledge management;
o Coordination and partnerships.
The work of this project has been to build on the conclusions of the CDP report. In particular, the CDP
report proposed a reinforced and modified National Institutional Framework for Climate Change
NIFCC (see Figure 1). This has been further developed and refined in section 2.1 with the
development of a multi-level governance institutional structure. The legal framework has been
assessed and improvements to the legal and regulatory framework have been recommended in
section 2.2. A study on establishing climate finance readiness has been carried out and five concept
notes for GCF funding have been prepared (section 2.3).
1
Complete title of the report is “Assessment of National Capacities for Implementing Climate Change Adaptation and Mitigation Measures and
Development of a National Capacity Development Program for the Palestinian Authority”
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Capacity Development Action Plan on Climate Change, Phase I
Figure 1: Proposed National Institutional Framework for Climate Change in Palestine (NIFCC)
Appendix Content
Final report for the improvement of the National Institutional Framework for Climate
Appendix A
Change
Final report for the improvement of the National Climate Change Legal and
Appendix B Regulatory Framework and includes the proposed draft amendment These are
provided in English, however Arabic versions are also available.
Final report for the Climate Finance task including the training needs assessment
Appendix C
form.
Appendix D Five finance concept notes for GCF for: MoA, EQA, PENRA, MoT and PWA
Agendas and schedules for the awareness raising and capacity building workshops
Appendix E
and missions
Appendix F Agendas for the awareness raising workshops held for Gaza
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Capacity Development Action Plan on Climate Change, Phase I
2.1.2 Output
The governance model that would be most suitable for Palestine is a multi-tier model that achieves
the following objectives:
Developing national environmental and climate change policies and strategies that will enable
Palestine to make an appropriate contribution to the global effort to adapt to the adverse
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Capacity Development Action Plan on Climate Change, Phase I
impact of climate change and to mitigate GHGs in a manner that does not negatively affect
national development, achieves the Sustainable Development Goals and eradicates poverty.
Empowering those organizations that are leading, planning, or implementing climate actions
in Palestine and suggesting an appropriate organisational framework for monitoring the
success of this work.
Developing administrative organisations within each of the ministries and authorities so that
they are capable of supporting their sector strategies and plans related to climate change
issues.
Proposing legislation to establish a National Environment and Climate Change Fund (NECF)
that will support various initiatives relevant to environmental and climate change projects in
Palestine.
The development of the institutional framework is based on three levels. These are:
National level (policy level)
Inter-ministerial level (organizational level)
Unit level (operational level)
At the national level, The NCCC was established as a result of the Cabinet decree #
(ف.س/و.م/13/46/05) on 25/04/2010. As for the GDoCC and the climate change units proposed at
level 2 and 3 respectively, are suggestions and do not currently exist in Palestine.
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Capacity Development Action Plan on Climate Change, Phase I
As mentioned in the introduction, the proposed model builds on what has been achieved so far and
will invest in the strengths and experiences that have already been gained and accumulated. It
recognizes the key organisations that already play an active role in planning and implementing
climate change policies and activities. The multi-level institutional framework also builds on the
conclusions of the CDP report2 which was developed in 2015 by Triple-E and Climatekos. The CDP
report proposed a National Institutional Framework for Climate Change (NIFCC). The work presented
in this task is a reinforced and modified multi-level governance structure. The main change is the
addition of the unit/operational level to ensure the involvement of all ministries and the mainstreaming
of climate change in sector policies. It also provides more detailed roles and responsibilities for each
entity along with a suggested structure.
2
Complete title of the report is “Assessment of National Capacities for Implementing Climate Change Adaptation and Mitigation Measures and
Development of a National Capacity Development Program for the Palestinian Authority”
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Capacity Development Action Plan on Climate Change, Phase I
and the Prime Minister’s office, through its chair. Members who serve on this committee require
relevant knowledge and expertise related to environment and climate change issues. The committee
is also required to carry out consultations and access experts on climate change in the local
community (such as researchers, professors, advocates, etc.). It needs to be able to call on external
experts to serve in an advisory capacity when appropriate. Finally, the NCCC needs to have legal
empowerment to function effectively and should be able to form sub-committees as needed. The
NCCC should have an Executive Secretariat (ES) and it is recommended that the GDoCC should fulfil
that role.
The figure below presents the suggested institutional structure of the first level.
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Capacity Development Action Plan on Climate Change, Phase I
involved. It is imperative that representatives serving on the NCCC from the various ministries are key
people in their organization and should play an active role in bringing forth relevant issues; they
should be part of all activities relevant to climate change in their organizations.
We recommend that the NCCC should have an expanded role covering the following tasks:
Increased focus on public policy and strategy
Empowered national role
Increased commitment and involvement
Better incentives to participate
More funds to support its functions
In order for the NCCC to carry its work effectively, it may need to form few subcommittees. The
proposed subcommittees are:
Climate change data
Policy planning and legislation
Adaptation and technology transfer
Awareness and capacity building
Science
3
For example, the UNDP assessment report 2015, and the sector strategy 2010, etc.
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Capacity Development Action Plan on Climate Change, Phase I
The GDoCC should serve as a linking point between the national level (level 1) and unit level (level
3). It should disseminate information and directives from the NCCC to the various ministerial units. It
should also communicate the needs and the wants of the sectors upwards to key decision makers. In
its coordination and leading capacity, it should work with climate change units at various ministries
and authorities. It should provide them with the support they require to ensure that national plans are
carried out effectively at the operational level and that climate change is mainstreamed into national,
local and sectoral development. Finally, the GDoCC is expected to interact with other local, regional,
and international stakeholders as needed, for example for fundraising, as well as International
Financing Institutions and donors.
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Capacity Development Action Plan on Climate Change, Phase I
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Capacity Development Action Plan on Climate Change, Phase I
While there may be specific functions and responsibilities for each operational unit to address, as they
relate to the operations of each ministry, the following requirements are required for each unit:
Appropriate technical capacities and have capable staff who should carry certain functions
that are relevant to the needs of particular ministry/authority, to deal with climate change
Sufficient staff to enable it to carry its mandate and functions effectively.
Capacity to coordinate and report to the NCCC representative in the Ministry.
Capacity to report to the GDoCC through the relevant GD in the ministry/Authority.
Organizationally 2 models could be implemented
There is a need for a Cabinet Decision requesting the five ministries to establish General
directorates to respond to the commitments and obligations. For other ministries, it is
proposed that climate related matters are handled at the department level.
The Operational units should be responsible for coordinating with other units within their organization
on matters relating to climate change and should provide day-to-day support on climate issues. They
will also interact with their top leadership to ensure they are aware of what is being undertaken in
relation to climate change.
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Capacity Development Action Plan on Climate Change, Phase I
The beneficiaries of a national climate fund can include civil society, non-governmental organizations,
sector ministries, local governments, and private actors. National climate funds need to create specific
instruments or programs targeting different stakeholders to achieve the policy objectives of the fund.
One of the advantages of the NECCF is the ability to reach stakeholders beyond the government,
particularly considering their crucial roles, private actors and local communities. It may also help
ministries/authorities, pursue GCF and other sources of funds related to climate change that could
benefit Palestine. The NECCF needs to create specific instruments or programs targeting different
stakeholders to achieve the policy objectives of the fund.
Figure 6: Suggested National Environment and Climate Change Fund Institutional Structure
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Capacity Development Action Plan on Climate Change, Phase I
used to address any emergency needs that may arise in Palestine rather than waiting for resources to
be available4.
2.2.2 Output
In response to the terms of reference on this task, various recommendations were proposed. It was
found that the most appropriate approach to achieve these legislative recommendations is to amend
the current environment law no. (7) of 1999, and to complete the work on the secondary legislation.
The legislative amendment proposed is the following:
- Amendment of Article (2) of the Environment Law by adding a clause stating: «mitigation of
greenhouse gas emissions, and adaptation to the adverse effects of climate change; to avoid
or mitigate the damage and to exploit beneficial opportunities [arising from climate change]».
- Adding duplicate items to the end of Chapter II of Article II of the Environmental Law (aerobic
environment) to accommodate the proposed institutional framework
- Adding new text to the fifth chapter (final and transitional provisions) stating the establishment
of a national fund for the environment and climate change with a special law.
It is therefore recommended to add a few articles to the current environment law of 1999 in order to:
Accommodate climate change mitigation and adaptation issues;
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Capacity Development Action Plan on Climate Change, Phase I
President of Palestine
Chairman of the Executive Committee of the Palestine Liberation Organization
In accordance with the provisions of the amended Basic Law of 2003 and its amendments, in
particular the provisions of Article (43) thereof,
And after having considered the Environmental Law No. (7) for the year 1999 amended by
Legislative Decree No. (11) of 2013,
And the Agriculture Law No. (2) of 2003,
And the Public Health Law No. (20) of 2004
And the Law No. (12) for the year 2013 concerning the Risk Prevention and Agricultural Insurance
Fund
And Law No. (14) of 2014 on water
And upon the recommendation of the Council of Ministers on …./…../2017
Based on the powers vested in us,
In the interest of the public,
On behalf of the Palestinian Arab people,
We have passed the following law resolution:
Article (1)
Reference is made to Law No. (7) for the year 1999 concerning the environment and its
amendment for the year 2013, for the purpose of making this amendment by the original law.
Article (2)
a. Amend article 1 of the original law by adding the following definition:
Climate change: Disruption of normal climatic conditions such as temperature, wind and
rain patterns is directly or indirectly attributable to human activity that leads to a change in
the composition of the global atmosphere, as well as to the normal fluctuation of the
climate, over similar time periods
b. Article (2) of the original law shall be amended by adding a new paragraph to it after
paragraph (5) bearing the number (6) stating the following:
Strengthening national capacities to deal with climate change issues: adapting to the
adverse effects of climate change and mitigating greenhouse gas emissions in the
atmosphere to prevent dangerous anthropogenic interference with the climate system, and;
to avoid or mitigate damage and to exploit beneficial opportunities to ensure Achieving
sustainable development.
Article (3)
Insert a new article after Article (27) of the original law bearing the number (27) bis, which reads as
follows: Article (27) bis
1. A national committee for climate change shall be established under the chairmanship of the head
of the Environment Quality Authority, and members of ministries, public authorities, universities and
scientific research centers, representatives of the private sector and civil society organizations, to
be determined by a decision of the Council of Ministers.
2. The representatives of the ministries and public authorities that are members of the Committee
shall be required to be senior officials experienced and competent staff in the fields of environment
and climate change.
3. The competent authority of the Environment Quality Authority shall be the Secretariat of the
National Committee on Climate Change.
4. The job description, mandate and task to be handled by the National Committee and its modus
operandum shall be determined by a bylaw to be generated by the Council of Ministers.
Article (4)
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Capacity Development Action Plan on Climate Change, Phase I
A new article shall be added after Article (44) of the original law bearing the number (44) bis, which
reads as follows:
In order to achieve the objectives of this law, the Environment Quality Authority shall, in
coordination with the competent authorities, set the necessary technical instructions, propose
standards to deal with the changes in the environmental systems and relations resulting from
climatic changes in order to protect the environment and achieve sustainable development.
Article (5)
Insert a new article after Article (79) of the original law bearing the number (79) bis, which reads as
follows:
To achieve this law, a national fund for environment and climate change is established by special
law.
Article (6)
In order to achieve the objectives of this by law, ministries and public authorities, each within its
own competence, may develop proper administrative bodies, departments or units as the need for
action to handle issues related to climate change.
Article (7)
This decision shall be presented by law to the Legislative Council in its first session for approval.
Article (8)
1. The Council of Ministers shall issue the necessary regulations to implement the provisions of this
resolution by law.
2. The competent minister shall issue the instructions and decisions necessary to implement the
provisions of this resolution by law.
Article (9)
All the competent authorities, each within its jurisdiction, shall implement the provisions of this
resolution by law, and shall come into effect from the date of its issuance and shall be published in
the official gazette.
Mahmoud Abbas
President of of Palestine
Chairman of the Executive Committee of the Palestine Liberation Organization
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Capacity Development Action Plan on Climate Change, Phase I
and equity, and environmental and social management. This can present challenges for developing
countries seeking to finance their climate change action plans.
Palestine became the 197th Party to the United Nations Framework Convention on Climate Change
(UNFCCC) on 17March 2016; and signed and ratified the Paris Agreement on 22 April 2016. Paris
Agreement entered into force on 4th November 2016. This should increase Palestine’s access to
UNFCCC multilateral financial mechanisms, which includes but not limited to the following:
Green Climate Fund (GCF)
Adaptation Fund (AF)
Global Environment Facility (GEF)
Least Developed Countries Fund (LDCF)
Special Climate Change Fund (SCCF)
Climate Technology Centre and Network (CTCN).
Joint Implementation Mechanism (JI)
Clean Development Mechanism (CDM).
2.3.2 Output
As such, the objective of this task was to provide capacity building on climate finance and to provide
support in the preparation and development of five Green Climate Fund concept notes. These
concept notes are provided in Table 2. Moreover, two one-day training workshops on climate finance
were conducted with the following ministries: MoA, PENRA, EQA. MoT, and PWA. In order for the
ministries to get the most out of the climate finance trainings, a climate finance training needs
assessment form was circulated and shared with them before conducting the training.
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Capacity Development Action Plan on Climate Change, Phase I
Ministry / Authority
• PWA
• EQA • PENRA
• IUCN • MOT •
• Ministry of Agriculture EIB
• The Applied Research • EQA •
• Environmental Quality EQA
Executing Authority Institute- Jerusalem (ARIJ) • Al-Bireh Municipality or • Union for the
entity • Meteorological Service • PENRA • Palestine Institute of Joint Cooperation Unit of Mediterranean
Biodiversity and the Cities of Ramallah, Al-
Department
Bireh, and Beitunia • Office of the Quartet
Sustainability of Bethlehem
University (PIBS) • World Bank
• UNSCO/UNOPS
Project ~US$20M (small) ~US$12M (small) ~US$10-50M (small) ~US$11M (small) ~US$607M (large)
estimated
Budget
• Reduced greenhouse gas • Reduced greenhouse gas • Reduced greenhouse gas • Reduced greenhouse
Climate emissions • Reduced emissions gas emissions
emissions
impacts greenhouse gas
• Increased resilience of emissions • Increased resilience of local • Increased resilience of
Palestinian farmers communities Gaza Strip population
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Capacity Development Action Plan on Climate Change, Phase I
The following next steps have been identified to access funding from the GCF:
Figure 7 presents the envisaged institutional structure for the implementation of GCF projects.
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Capacity Development Action Plan on Climate Change, Phase I
Appendix E.1 provides the schedule and agendas of the first mission.
During the workshop the conclusions and recommendations of this work were presented by the
Project Team. In particular, following Palestine’s accession to the UNFCCC (March 2016) and having
signed and ratified the Paris Agreement (April 2016), the ways in which Palestine can successfully
implement and mainstream climate change policies, through institutional and legal reform, as well as
attracting climate finance, were presented. This will further demonstrate that Palestine is now ready to
undertake and implement climate change policies, to effectively engage in the process and to start
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Capacity Development Action Plan on Climate Change, Phase I
deliver climate actions that responds to the challenges of climate change in both areas of adaptation
and mitigation.
Appendix E.2 provides the schedule and agendas of the second mission.
The second event, held later in February, focussed on Climate Finance. The Climate Finance expert
presented: an introduction to Climate Finance; the key climate funds; the role of the Private Sector;
key roles for climate finance at the national level and the development of funding proposals.
Both workshops were undertaken as a videoconference; the first between Gaza and the UK and the
second was held between Gaza and Ramallah during the second mission.
The agendas for these video conferences are provided in Appendix F.
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Capacity Development Action Plan on Climate Change, Phase I
27 February 2017
MOT 6-7 December 2016 2 February 2017
27 February 2017
MOA 6-7 December 2016 2 February 2017
27 February 2017
PWA 6-7 December 2016 8 February 2017
The initial meetings were conducted as part of the first mission. On the second day of that meeting a
focus group was held where the following questions were addressed:
1. Is the institutional arrangement at your ministry/authority suitable or does it need to
be changed, if so how?
2. What kind of relationships / linkages should exist among the various levels of the
model (national/governmental/ministries)?
3. What are the knowledge / skills / abilities that should be in those CC ministerial units?
4. What are the needs and requirements to strengthen and enhance the capacity of the
CC unit/s at your organization?
5. What is the proposed structure you think would be more suitable for your
organization?
An overview of existing structures and the institutional framework were also discussed.
A series of workshops were held with each of the key ministries in February. At these workshops
information was gathered on the following elements concerning the organisation of the climate
change institutional units:
Structure and components of the unit
Internal and external functions of the unit
Physical, human and financial resources needed of the unit
Capacity building and knowledge needed of the unit
Challenges and possible solutions of the unit
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Capacity Development Action Plan on Climate Change, Phase I
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Capacity Development Action Plan on Climate Change, Phase I
Climate Finance workshop EQA, UNDP, PENRA, PWA, MOA, MOT, 7 December 2016 Climate Finance Expert
Raise Awareness of Climate Change (2) Gaza Stakeholders (see note below) 28 February 2017 Climate Finance Expert and
members of the Project Team
High Level Workshop for Senior Officials and
Decision Makers including ministers / their
representatives, agency heads, senior officials and Prime Minister’s office, EQA, MoT, MoA, PENRA,
27 February 2017 Project Team Members
international donors PWA, UNDP
One-day workshop
Workshop to elaborate the ToRs, job profiles, Five meetings with PENRA, PWA, MOT, MoA and December 2016
training needs, action plans and present to the Level EQA
Institutional Expert
Senior Officials and Decision Makers including Five meetings held with PENRA, PWA, MOT,
ministers/heads or their representatives (1) MoA and EQA February 2017
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Capacity Development Action Plan on Climate Change, Phase I
4 Conclusions
In summary, this project has implemented Phase #1 of the Capacity Development Action Plan on
Climate Change that includes the following:
Reviewed and recommended improvements for the National Institutional Framework in order
to mainstream the implementation of climate change policy
Reviewed the legislation relevant to implementing climate change policy and proposed new
amendment for Environment Law no.7.
Raised awareness of the Climate Finance funds available to implement projects in Palestine
and prepared five concept notes to attract climate finance to Palestine.
Delivery of over 25 workshops and meetings with key stakeholders involved in delivering
Palestine’s Climate Change policy
The deliverables identified in the Terms of Reference have been delivered by the project as shown in
the table below:
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Capacity Development Action Plan on Climate Change, Phase I
Appendices
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A Improving the National Institutional
Framework for Climate Change
This appendix is the final report on the national institutional framework for climate change
prepared by the institutional expert Dr Mohammed Abu Zayed.
A.1 Introduction:
Palestine is committed to mainstreaming climate change adaptation and mitigation into the
national planning process. This commitment is reinforced by Palestine’s recent accession to
the UNFCCC. Furthermore, previous work carried out by UNDP, in cooperation with EQA,
highlighted the need to:
The main institutional key player involved in climate change is EQA. It has a leading role in
formulating proper plans and strategies and in coordinating and implementing activities
related to climate change. It is, therefore, proposed that EQA continues to play the key role in
the proposed structure shown in this report. Other ministries and authorities have also
engaged in activities and efforts linked to climate change adaptation and mitigation.
These ministries/authorities all have similar common challenges in relation to the governance
and institutional framework. In summary, the following gaps have been identified:
Lack of formal structures in various ministries and authorities to tackle climate change
issues.
Lack of technical experiences required for dealing with climate change.
5
Complete title of the report is “Assessment of National Capacities for Implementing Climate Change Adaptation and Mitigation
Measures and Development of a National Capacity Development Program for the Palestinian Authority”
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Lack of resources, including staffing, required to deal with climate change; and
address mitigation and adaption and other related issues.
Unclear mandate or understanding of climate change issues from some senior
officials, which can result in lack of support and empowerment.
Figure 8: Proposed National Institutional Framework on Climate Change in the CDP report
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The work presented in this report presents a reinforced and modified multi-level governance
structure (See Figure 9). The main change is the addition of the unit/operational level to
ensure the involvement of all ministries and the mainstreaming of climate change in sector
policies. It also provides more detailed roles and responsibilities for each entity along with a
suggested structure.
As such, the development of the institutional framework is based on three levels. These are
the:
• National level (policy level)
• Inter-ministerial level (organizational level)
• Unit level (operational level)
At the national level, The NCCC was established as a result of the Cabinet decree #
(ف.س/و.م/13/46/05) on 25/04/2010. As for the GDoCC and the climate change units
proposed at level 2 and 3 respectively, are suggestions and do not currently exist in
Palestine. The suggested multi-level institutional framework is presented in the figure below.
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Figure 9: Suggested multi-layered institutional framework on climate change for Palestine
In the table below, a summary of the key institutions is provided along with their specific
roles and responsibilities associated with the Climate Change agenda.
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Institution Role and Responsibilities
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Figure 10: Suggested institutional structure of the first level – National Level
In order for this to function it will be necessary to strengthen the NCCC role and expand its
engagement. To do so, it should:
Structure
The NCCC should be inclusive and represent a diverse membership coming from various
organizations and sectors.
The NCCC should be chaired by the chair of the EQA
The NCCC needs to have an Executive Secretariat (ES), a role that GDoCC can fulfil
The chair of NCCC reports directly to the Prime Minister.
Membership of the NCCC should include relevant ministries and agencies at a
higher-ranking level (General Director and above);
The NCCC needs easy access to the Cabinet and the Prime Minister’s office and
should have direct access to respected Ministers and head of Authorities.
Members who serve on this committee should have relevant knowledge and
expertise related to environment and climate change issues.
The committee should also have access to external experts on climate change in the
local community (such as researchers, professors, advocates, etc.) and should be
able to call on them to serve in an advisory capacity when/if needed.
Mode of work
This level will interact with the Prime Minister / council of ministers providing advice on
national plans regarding climate change and other relevant environmental issues. The NCCC
should submit its reports and recommendations to the Cabinet in order to take the appropriate
action. The committee should develop its own internal guidelines/bylaws, which will be
adopted by the Cabinet and published in the formal newspaper.
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It will also interact with GDoCC to ensure cohesive implementation of key policies and
strategies set out by the government or/and the NCCC. Through the GDoCC, the NCCC will
engage with the various operational ministries and authorities.
Guiding Principles
This section provides a more detailed mandate for the NCCC providing guiding principles and
information on its governance. It builds on what has been developed earlier by EQA.
Legal Mandate
The NCCC was established as a result of the Cabinet decree # (ف.س/و.م/13/46/05) on
25/04/2010.
NCCC Composition
The committee may consist of 27 members from various ministries, non-ministerial
organizations/authorities, NGOs, as well as various academic and research institutions 6.
Subject to legal or ethical constraints, individuals may serve on the NCCC either representing
their institutions or in a personal capacity. Serving on the NCCC should however be
recognized and rewarded through financial and nonfinancial incentives whenever possible. If
the NCCC has fewer than the required number of NCCC members, the NCCC will recruit
appropriate replacements in a timely way.
66
It is important to note that the actual numbers of representatives may vary. For example, large ministries may have more than 1
representative but may have 1 vote
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NCCC membership selection
Each institution will nominate and select its own NCCC members. When nominating and
selecting NCCC members, each constituency will nominate and approve NCCC members
with the aim of creating a balanced NCCC with a diversity of experience, insights, and
backgrounds.
NCCC Terms
NCCC member terms shall be up to three years in length, and terms will be renewable for one
term only. Any additional terms should be contingent upon the approval of the delegating
authority (the minister for example) and agreement of the NCCC. A NCCC member who has
served two full consecutive terms is eligible to serve on the NCCC again after a gap of one
year. Members may also serve terms of fewer than three years in the case of removal or
resignation.7.
NCCC Chair
The NCCC chair should be the chair of the EQA. The chair shall have the right to vote. The
chair will serve for as long as he / she chairs the EQA.
NCCC Participation
Members of the NCCC must be active participants in NCCC meetings, activities, events, and
work streams, and must regularly promote the objectives and goals of the NCCC with non-
participants.
Competence
Members of the NCCC must adhere to high standards of professional competence and
collaboration and demonstrate leadership in the pursuit of freedom of expression and privacy.
Quorum
A majority of the NCCC members shall constitute a quorum as long as at least 50% of the
total number of members plus one of the representatives, or their alternates (with a signed
delegation letter from the NCCC member) from each constituency, is present. Participation by
tele-or videoconference shall constitute presence for purposes of a quorum.
The GDoCC which acts as a secretary for the NCCC will be permitted to participate ex officio
in NCCC and committee meetings, but shall not count towards the quorum and shall not be
7
The NCCC can adjust these conditions as they see fit but they need supermajority vote to adopt the new changes.
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eligible to vote unless he/she was delegated by the Chair of EQA (Chair of NCCC) to chair
the meeting.
Meetings
The NCCC should meet at least twice a year8, with one meeting serving as the NCCC annual
meeting. The NCCC Chair and/or Secretary may convene additional meetings as necessary
with appropriate notice. The NCCC may meet in a closed executive session when considering
highly sensitive decisions such as personnel matters. NCCC members have the right to view
relevant documents and reports relevant to the Committee’s work and/or that of its sub-
committees.
Conflicts of Interest
NCCC members must exercise objectivity, independence, due care, and diligence on all
matters and are required to commit to NCCC's conflict of interest policy. If a subject is raised
and any member has a conflict of interest, s/he should inform the NCCC and they may be
asked not to participate in the voting or performing any tasks that may conflict with their
status.
Voting
The NCCC will strive for full consensus and make a concerted effort to make decisions after
consulting NCCC members and participating organizations. When a full consensus is not
reached, the following voting rules shall apply.
These definitions refer to the simple or super majority of full NCCC seats, not just of those
NCCC members present for the vote.
NCCC members who are required to excuse themselves for reasons of conflict of interest
shall be counted as part of a quorum and recorded as "present." However, the presence of a
8
It is possible to hold additional meetings as needed; the minimum is each 6 months.
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NCCC member who is excused shall not be included in constituent super-majority votes.
Meeting Minutes
The secretariat shall take minutes of each NCCC meeting. The secretary shall distribute the
minutes to NCCC members via email following a meeting.
Meeting Summaries
A summary of NCCC meetings and the annual meeting will be published on the NCCC
website following adoption of the minutes for such meetings. These summaries will not
include confidential conversations.
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A.4 Inter-ministerial level
EQA plays a leading role in climate change issues, spearheading Palestine’s activities to
address climate change issues. It coordinates climate change actions among key players at
the national level and is the National Designated Authority to the GCF. To ensure EQA is able
to carry out this expanded and more responsible role, it needs to be further empowered by
expanding its structure and providing it with additional resources. This can be achieved by
establishing the GDoCC. This recommendation was reflected in various studies and reports
conducted earlier, and also supported by data gathered via our interviews with various
stakeholders.9
The figure below shows the suggested institutional structure of this, second, organisational
level.
Figure 11: Suggested institutional structure of the second level – organisation level
Structure
The GDoCC, located in the EQA, will be headed by the Director of the GDoCC. It will be
formed of three key offices: Office of risk reduction and disaster management, office of GHG
inventory and mitigation, and the office of adaptation to climate change.
9
For example, the UNDP assessment report 2015, and the sector strategy 2010, etc.
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Mode of work
The GDoCC should serve as a linking point between the national level and unit level. It should
disseminate information and directives from NCCC to the various ministerial units and should
communicate the needs and wishes of the sectors upwards to key decision makers. In its
coordination and leading capacity, it should work with climate change units at various
ministries and authorities. It should provide them with the support they require, ensure that
national plans are implemented effectively, and that climate change is mainstreamed into
national, local and sectoral development. Finally, the GDoCC will interact with other local,
regional, and international stakeholders as needed. It is also expected to attract support for
finance, technology transfer and capacity building from various international financing
institutions, multilateral and bilateral funding mechanisms such as the Green Climate Fund.
The GDoCC will provide the resources to implement EQA’s role as the national focal point to
the UNFCCC and the core agency responsible for climate change activities in Palestine. At
Regional Level, Palestine participates in a number of regional and international information
sharing platforms and forums. At the national level, the GDoCC will provide EQA’s technical
national focal point, which will play an important role as the coordinating body for climate
change activities, including information, knowledge and networking.
The GDoCC should be empowered to oversee the implementation of key decisions and plans
relating to climate change agreed at the national level. In summary it should:
Provide the executive secretariat to the NCCC, providing documentation, reporting,
and informational support to the NCCC
Ensure effective coordination of national policies and strategies relating to climate
change and risk reduction of environmental disasters across the relevant sectoral
ministries and stakeholder organisations.
Enhance the development and implementation of these policies and to promote
efficient utilization of local resources to deal with climate change challenge
Coordinate requests for international financial and technical support to address
environmental challenges in Palestine.
Support the implementation of Palestine’s obligations under UNFCCC and other
relevant treaties with regard to risk reduction.
Coordinate the implementation of national policy, strategic plans, action plans,
programs and projects to mitigate greenhouse gases (GHGs) and adapt to climate
change and ensure proper enforcement of related regulations.
Provide a communication channel with the local community (universities, research
centres, concerned NGOs, and local governing units “LGUs”), supplying support and
information as needed by various stakeholders
It should play a significant role in the decision making process at the national level, through
the following strategic actions:
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To participate in setting and promoting professional practices and standards related
to climate change.
To monitor implementation of new regulations and standards.
To detect early issues that can be impacted by climate change.
To propose and co-ordinate positions with stakeholders on climate change relevant
issues.
To issue guidance and position papers.
To maintain interest representation with the various institutions
To establish technical alliances and ad hoc coalitions with other stakeholders.
To organize conference, seminars, forums
To maintain a two-way communication with national associations on development
and application of risk management and reduction related to CC.
To set up surveys and benchmarks to identify and share current practices
Guiding Principles10:
This entity should have the following mandate and should be responsible for the following
duties:
1. Participate in developing draft legal instruments, policy, strategic plans, action plans
and budget, promote collaboration with relevant stakeholders, build staff capacity of
the department, manage finance, conduct internal monitoring, and manage
administration relevant to the roles and duties of the department;
2. Coordinating the implementation, and reporting on strategic action plans between
level 1 and level 3.
3. Ensuring that climate change issues are included in the sectoral strategic plans.
4. Ensuring that the operational units communicate climate change issues to those
making the strategic plans at their organization.
5. Providing oversight and coaching regarding climate change, risk and disaster
management to stakeholders and key players.
6. Providing technical assistance to various operational units, as needed.
7. Initiating, coordinating and submitting climate change funding requests.
8. Promote conducting relevant research regarding climate change and the evaluation
of risk management associated with climate change mitigation and adaptation.
9. Providing the focal point for data collection and storage and connecting stakeholders
to relevant sources of data.
10. Working with various stakeholders and partners on providing needed information and
getting needed information regarding CC, risk and disaster management.
11. Disseminating information to institutional units as needed.
12. Coordinating assessment of climate change vulnerability and opportunity;
13. Coordinating the development and management of GHGs inventories, national
reports, and deliver government commitments under United Nations Framework
Convention on Climate Change (UNFCCC);
14. Coordinating to provide technical support in GHG inventory by sources;
15. Strengthening partnership and international cooperation to mobilize resource to
respond to climate change;
16. Proposing fund development and management to support implementation of policies
to respond to climate change;
17. Designing, developing and managing climate change information and knowledge
management system;
18. Disseminating government response to climate change to the public, development
partners and international community;
19. Performing duties as national focal point for international conventions, protocols, and
agreements related to climate change;
20. Coordinating with climate change focal point persons in relevant ministries and
agencies;
21. Develop regular reports on achievements
10
. As indicated by the GDoCC workplan.
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22. Participating and coordinating the implementation of the Programs and work plans
approved by NCCC;
23. Proposing establishment of mechanisms required for sectoral issues related to
NCCC’s roles and duties and provide support to relevant activities and regular
operations of the mechanisms;
24. Coordinating and supporting the strengthening of cooperation related to climate
change with development partners, civil society, private sector, academia, and
relevant stakeholders at national, regional and global levels;
25. Leading and coordinating research and study, education, training and exchange of
technologies related to sustainable development;
26. Managing data and disseminate information related to sustainable development and
NCCC’s activities to the public;
27. Participating in national, regional and international meetings on issues related to
sustainable development;
28. Prepare report for NCCC meetings;
29. Performing any other duties as assigned by the NCCC and chairperson of the
NCCC’s Executive Committee.
30. The GD maybe assigned new functions or some of the existing functions in the EQA
can be delegated or transferred to it.
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A.5 Unit level
This level consists of the departments/units or Directorates General (DGs) at various
ministries and authorities. These units shall serve as a focal point representing the concerned
Ministry/authority and have the specialized expertise in relation to climate change. These
entities link the individual ministry/authority with the GDoCC. This level is also considered the
operational level.
The figure below shows the proposed components at the operational / unit level.
Figure 12: Suggested institutional structure of the third level – operational level
The figure above shows the recommended climate change unit structure based on
discussions and feedback with the various stakeholders. The purpose is to provide
recommendations on what elements should be in the operational level, but to leave some
flexibility in letting departments decide what best suits them.
Structure:
This level consists of the General Directorate at various ministries and authorities that have a
primary responsibility for climate change matters (MoA, MoT, PWA, PENRA), while lower
administrative level is acceptable for: MoNE, MOLG, MoH, MoEHE. These units will have
appropriate specialized expertise and knowledge so that they can provide a focal point for
climate change issues within each Ministry. These entities will provide the link for individual
ministries/authorities to the GDoCC.
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While there may be various functions and responsibilities for each unit to address, as they
relate to the operations of each ministry, the following requirements are required for each unit:
Appropriate technical capacities and have capable staff who should carry certain
functions that are relevant to the needs of particular ministry/authority, to deal with
climate change
Sufficient staff to enable it to carry its mandate and functions effectively.
Capacity to coordinate and report to the NCCC representative in the Ministry.
Capacity to report to the GDoCC through the relevant GD in the ministry/Authority.
Organizationally 2 models could be implemented
There is a need for a Cabinet Decision requesting the five key ministries to
establish General Directorates to respond to the commitments and obligations.
For other ministries, it is proposed that climate related matters are handled at the
department level.
Mode of work:
The Operational units should be responsible for coordinating with other units within their
organization on matters relating to climate change and should provide day-to-day support on
climate issues. They will also interact with their top leadership to ensure they are aware of
what is being undertaken in relation to climate change.
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A.6 National Environment and Climate Change Fund
(NECCF)
A1.1. International climate finance context
Addressing challenges posed by climate change requires significant financial resources. In
the growing literature of climate change, climate finance refers to capital flows targeting
actions which either reduce or remove greenhouse gas emissions (mitigation) or improve
resilience to a changing climate (adaptation). Climate finance is complex because of the
diversity of funding sources (public, private, international, national and sub-national) and
routes to access this funding.
Developed countries have committed to mobilize new and additional climate finance, with
US$ 100 billion to be mobilized per year by 2020 to assist developing countries to cover the
costs of climate mitigation and adaptation. However, the total funding required to avoid
global average temperatures exceeding a 2°C rise above pre-industrial levels and adapt to
climate change will exceed US$100 billion per year. Estimates of the total funding required
vary from around US $140-175 billion to $70-100 billion per year for the period of 2010-2050.
Uncertainties remain on how the funds will be raised, managed and distributed. One of the
mechanisms to manage and channel international climate finance is the Green Climate Fund
(GCF). The GCF supports climate change projects, programs, policies, readiness and other
activities in developing countries. The GCF’s objective is to make a significant and ambitious
contribution to the global efforts to combat climate change and promote a paradigm shift
towards low-emission and climate-resilient development pathways.
A1.2 Introduction to national climate funds
At the national level, a national climate fund can help countries to raise, blend, coordinate and
account for climate finance. The decision to establish a national climate fund should be
considered in the context of a country’s overall climate finance strategy, noting that the
establishment and administration of an NCF can require substantial time (usually years) and
resources. Some of the advantages and disadvantages of national climate funds are
presented in Table 5 below.
Advantages Disadvantages
11Source: Irawan S, Heikens A, Petrini K (2012) National Climate Funds: Learning from the
experience of Asia-Pacific countries. UNDP Discussion Paper.
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The beneficiaries of a national climate fund can include civil society, non-governmental
organizations, sector ministries, local governments, and private actors. National climate funds
need to create specific instruments or programs targeting different stakeholders to achieve
the policy objectives of the fund.
12 The UNDP guidebook ‘Blending Climate Finance Through National Climate Funds’ provides a step-by-step
approach in Chapter 2 for designing a national climate fund.
13 Per feedback from EQA Deputy chair
14 Source: Flynn, C (2011) Blending Climate Finance Through National Climate Funds. UNDP Guidebook.
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Figure 13: Suggested institutional structure for the National Environment and Climate
Change Fund
In national climate funds, a trust (or usually development partners and/or governments on
behalf of their constituents) provides a legal responsibility to a trustee for the management
and oversight of assets and financial sources. The trustee should carry out the terms of the
trust in the best interest of the beneficiaries. A trustee or the governing structure of a fund
usually consists of the following bodies:
A NECCF is usually made up of a:
1. Board of Trustees: This Board usually has a mandate to oversee the overall
management of a fund, including selecting and overseeing a Director for an
executive office that is responsible for the day-to-day financial and administration
management of the fund. Moreover, the Board also makes all policy decisions;
including project selection, investment policies, as well as short- and long term plans.
The composition of a Board varies between national funds, which can be classified
as follows:
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3. Administrative staff: will provide secretarial and other tasks.
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A.7 Concluding remarks
Table 6 provides an overall summary of the proposed multi-level institutional structure. The
key remarks for the institutional arrangements of Palestine’s climate change planning is
presented in the following points:
The multi-level governance model should be flexible and adaptable to national
commitments.
The NCCC, GDoCC and operational/climate change units should be empowered with
resources and expertise to respond to climate related responsibilities.
Each ministry will need to carry out further work in order to set out a detailed structure
for the unit which works best for each individual ministry.
The structure of these units can be expanded, if needed in the future
A Cabinet Decision is needed requesting the five ministries to establish General
directorates, and for other ministries to establish lower structural levels to respond to
the commitments and obligations of climate change.
Strengthen cooperation and coordination among key players.
Empower existing entities (NCCC/EQA and others) to champion and advocate for
climate change adaptation / mitigation/ strategic planning
Provide clear structural and functional mandate for such a unit. This reports provides
some advice on how that can be achieved.
Enhance the skill and build the capacity of staff with climate change activities /
functions / responsibilities.
Strengthen the legal framework and link it to the institutional framework (governance
and operation).
Work on creating sustainable mechanisms of citizen engagement
Enhance the public awareness on climate change related matters
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Table 6: Summary of the multi-level Institutional framework
National Level EQA should chair the NCCC Provide public policy and Members should be Lack of resources
National and the GDoCC should be the strategic guidance and oversight selected by their Ministry;
Committee on Secretariat for it. of the CC national agenda in and it is preferred that
Climate Change It should consist of accordance with national laws the job position not to be
representatives from various and international treaties and less than General
concerned ministries such as UNFCCC and international Director Political challenges and
(MOA, PWA, PENRA, MOT, climate change conventions.to Members should have governmental changes
Ministry of Health, Ministry of guarantee the interference good knowledge and may change the support of
Education, etc. between national interest understanding of both this entity.
debated and international public policy and policy
Representation on this
cooperation to achieve issues relating to climate
committee should be at the
international objectives change.
General Director or higher
level. Provide Guidance to its Financial and staffing
members and GDoCC and other resources and capacity
The chair of the NCCC should
concerned parties in relation to building is needed
report to the Cabinet and
Palestine’s commitment to CC Apply knowledge, tools,
produce progress reports and
treaties. technologies, skills for
assess progress against
previously identified objectives Ensure the inclusion of CC the implementation of the
issues in the National Reform project activities to
and Development Plan (PRDP). achieve the project’s
Monitor and report results specific goals and
objectives according to
Evaluate the activities that
the specific time and
contribute to the achievement of
budget
desired results and outputs
Develop, motivate and
Provides oversight and
manage human
coordination functions amongst
resources
the various ministries.
Coordinate, monitor and
evaluate the programs and
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Structure Job Description Resources Risks and challenges
Inter-ministerial The GDoCC will be Communicate and coordinate Staffing resources should Lack of allocated
level responsible for this level. between the NCCC and the be dedicated to the entity resources.
The General It will be headed by the operational units at the various (administrative and
Directorate on Director of the GDoCC ministries technical)
Climate Change It will be formed of three key Ensure that climate change Training in public policy
Lack of cooperation
and Risk offices: Office of risk reduction issues are included in the formulation should be
from lower levels
Reduction and and disaster management, sectoral strategic plans. provided as well as major
Disaster office of GHG inventory and Ensure that the operational units issues relating to CC
Management mitigation, and the office of communicate the identified change, adaptation and Political challenges
adaptation to climate change climate change issues to those mitigation. and changes that may
making the strategic plans at Legal empowerment change focus to more
The GDoCC will be the
their organization. should be granted pressing matters.
executive secretariat of the
NCCC Provide oversight, technical through revisions of laws
assistance, and coaching to enable and give
regarding climate change, risk authority.
and disaster management to Organizational expansion
stakeholders and key players. may be needed
Initiates, coordinates and (administratively and
technically).
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Structure Job Description Resources Risks and challenges
Unit Level These are operational Be the focal point that Staffing resources need Lack of Resources
Units / specialized units /departments represents the ministry/authority to be provided. Weak technical
Department / GD within each concerned ministry on matters relating to climate Sufficient administrative knowledge.
Specialized in CC or authority that has the change. and technical training Lack of training
(Ministry) responsibility for addressing Coordinates with GDoCC on needs to be provided, on
climate change issues as it Lack of empowerment.
fund requests. an ongoing and on ad-
pertains to the particular Work with stakeholders on hoc basis. Organizational
ministry/sector preparing and implementing changes that will shift
Clear mandate and job
These can be at the plans that relate to climate focus.
description need to be
department level or at the change in their sector provided. How to maintain and
general directorate level Communicates to the various sustain functionality.
Legal and bylaws
These entities play a linking components of their ministry changes need to be done
channel between the individual information that may be relevant to create and empower
ministry/authority and the to them. these entities.
GDoCC. Link with other climate change
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Structure Job Description Resources Risks and challenges
Report to GDoCC through the units to share information and Data management
relevant GD in the strengthen collaboration. techniques
ministry/Authority. Provide climate data and
information management related
to climate change in each sector
Collect relevant data that can be
used to develop the sectoral
GHG inventory
Other functions as designated by
minister or / DM.
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Capacity Development Action Plan on Climate Change Project Inception Report55
15
The International Panel on Climate Change http://www.agora-
parl.org/ar/resources/aoe/%D8%A7%D9%84%D8%AA%D9%83%D9%8A%D9%81-%D9%85%D8%B9-
%D8%AA%D8%BA%D9%8A%D9%91%D8%B1-%D8%A7%D9%84%D9%85%D9%86%D8%A7%D8%AE
16
United Nations Development programme, United National Environmental Programme, World Bank and World Resources Institute, previous
source
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Capacity Development Action Plan on Climate Change Project Inception Report56
in partnership with government agencies, the private sector, civil society institutions as well as
scientific and academic institutions.
In Palestine, on April 5th 2010, the Palestinian Council of Ministers issued a decision to form the 21-
member National Committee for Climate Change headed by the Environment Quality Authority (EQA).
The decision defined the main aims of the Committee and based its preamble on the UNFCCC.
On March 29th 2016, the Council decided to nominate the EQA as the National Designated Authority
(NDA) to the Green Climate Fund (GCF). This reflects the importance of the impact of climate change
on sustainable development and the various other development sectors and so facilitates the
implementation of national climate change plans by improving the capacities of national institutions. It
also facilitates the process of communication with international funds17.
This report examines the inclusion of climate change issues in Palestinian legislation. To assess the
adequacy of current legislation; the report starts by looking at the amended Basic Law of 2003, as a
temporary regulation. It then looks at laws relevant to various environmental elements and energy;
and finally looks at secondary legislation. It recommends appropriate legislative instruments to fill
gaps in the overall existing legal framework and regulation.
The report aims to create an enabling legislative environment conducive to the implementation of
national climate change policies. This should also assist in the implementation of the obligations of
Palestine as a result of its accession to the relevant conventions. Palestine joined the UNFCCC on
the 17th March 2016 and signed and ratified the Paris Agreement on the 22nd of April 2016. The
Paris Convention entered into force on 4 November 2016.
The basic law and other relevant legislation are reviewed in the body of the report. Ordinary
laws and secondary legislation relevant to environmental issues are included, either directly or
indirectly, as an annex to the report to illustrate the overall picture of the legislative treatment
of climate change; making it easier for stakeholders and decision-makers to choose the most
appropriate legislative and regulatory interventions.
Constitutional Framework
Article 33 of the amended Palestinian Basic Law of 2003 considers a clean and balanced
environment to be a human right. The preservation and protection of the environment is considered
as a national responsibility. In the same context, Article 2/10 of this law guarantees adherence to
regional and international declarations and covenants that protect human rights. This ensures that the
Basic Law guarantees adherence to environmental conventions, including climate change.
Since natural disasters may be caused either by human action, by environmental factors or both,
Section VII (Articles 110-114) of the Basic Law allows for the declaration of a state of emergency
when there are various situations, including a threat to national security caused by a natural disaster.
The President of the Palestinian Authority may be granted the right to issue a presidential decree
declaring a state of emergency for a period not exceeding thirty days.
The decree must clearly state its purpose, the area covered and the time period. If the decree needs
to be extended, Article 110 of the Constitution authorizes the President to do so for an additional 30
days after the approval of two-thirds of the Legislative Council. This Council may not be dissolved
during the state of emergency period. The Council shall have the power to review the procedures and
measures taken during the state of emergency at the first meeting following the declaration of the
state of emergency or at the extension session, whichever is earlier.
The Basic Law does not explicitly and directly specify a particular body or competent authority that is
constitutionally empowered to sign international treaties and conventions. However, since the third
section of this law does not specify the powers of the president exclusively, and does not mention the
signing of such agreements, the Council of Ministers is considered to be the competent authority for
several reasons, including:
a. Section V regulates the powers of the Council of Ministers and it’s President
without any restrictions it states that the Council of Ministers has the power to
assist the President in the delivery of his responsibilities.
17
Environment Quality Authority, Ramallah http://environment.pna.ps/ar/index.php?p=newsdetails&id=163
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Capacity Development Action Plan on Climate Change Project Inception Report57
b. According to Article 63 of the Basic Law, executive and administrative powers are
assigned to the Council of Ministers, except those executive powers that are
assigned to the President18
c. The President and members of the Council of Ministers has the confidence of the
Legislative Council, once the ministerial statement that defines the program and
policy of the Government is approved19. The Council of Ministers is also
accountable to the Legislative Council as well as to the President of the
Palestinian Authority, while the latter is not accountable to the Legislative
Council20
However, Legislative Council has not convened since 2006 due to the prevailing political
circumstances and the consequent lack of confidence in the government and its president. Therefore
in view of the constitutional practice in Palestine, despite the formalities described above, the
President has been given the authority to ratify international treaties. This will last only until the
Legislative Council re-exercises its constitutional functions referred to above. As such, the President
ratified the instrument of accession to the UNFCCC and signed and ratified the Paris Agreement
18
Article 63 of the Palestinian Basic Law: The Council of Ministers (the “government”) is the highest executive and administrative instrument; it
shoulders the responsibility for implementing the program that has been approved by the legislative branch. Except for the executive powers of
the President of the National Authority, as specified in this Basic Law, executive and administrative powers shall be within the competence of the
Council of Ministers..
19
Articles 66,74 of the Basic Law amended 2003
20
Article 40 of the Palestinian Basic Law states that it is within the power of the President of the National Authority to appoint and terminate the
services of the National Authority’s delegates to foreign countries, international organizations and foreign agencies. However, the article does not
state the President’s power to sign international treaties. This means that the Palestine does not intend to amend this article to give power to the
president. In addition, Article 92 of the Palestinian Basic Law indicates that projects, which would not require spending funds from the Public
Treasury at a later stage, don’t need to be approved by the Legislative Council. The Legislative Council has the power to supervise these projects
or withdraw confidence from these projects.
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Capacity Development Action Plan on Climate Change Project Inception Report58
21
Article (23) of the Palestinian Environmental Law states that it is forbidden to deduct, treat or incinerate garbage and solid waste, that is only
authorized in the sites designated for this purpose in compliance with the conditions determined by the Environment Quality Authority to ensure
the protection of the environment
22
World Meteorological Organisation (http://www.unep.org/Documents/ozone/Ozone_PR_Arabic.doc)
23
Palestinian Environmental Law: http://www.eisourcebook.org/cms/January%202016/Palestinian%20Environmental%20Law%201999.pdf
24
Palestinian Basic Law (drafted in 1994, established in 2002 and amended in 2003) : http://www.palestinianbasiclaw.org/
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Articles 75 and 77 were adapted by the Legislative Council as part of the Environmental Law. This
means that these two articles are considered as national law as long as they does not violate other
principles and provisions of the Law.
25
This has also confirmed in Article (29) of the Water Law (3) of 2002 (valid unless it doesn’t contradict the legislative Degree of 2014).
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26
Article (30) states that the launching of living beings which are modified through biotechnologies and which pose a danger to the health of
humans or animals or bear a negative impact on the environment or which may threaten the agricultural biodiversity, shall be prohibited
27
Article (3) of the Law states that: In coordination with other concerned authorities, the general administration shall have the following duties:
1. Preparing scientific studies and research pertaining to natural resources and shall issue directions for geological search and excavation for
surface and ground resources
2. Preparing geological maps and issuance of academic studies findings
3. Geological exploration and search for natural resources.
4. Listing quantity and quality of natural resources
5. Supervising natural resources investment, according to systems and laws in force.
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28
Other functions include the generation of energy using appropriate methods to cover consumers’ demand; energy production for export and
import purposes to neighbouring countries; build national and regional transfer stations; build secondary networks to distribute energy to
consumers; plan linking domestic networks with those that belong to business owners; manage energy generation, storage, distribution,
manufacturing equipment and energy consumption; identify special conditions for power generation; technical supervision on building, operating,
maintenance projects; collect financial, technical and statistical data; carry out research and studies to identify all energy sources (this includes
collaboration with all stakeholders to benefit from energy) Articles 3 & 4
29
Individuals and all parties that generate, distribute and consume all forms of energy
Certified manufacturers (both local and international) of energy generation equipment
Institutions, organisations and engineering firms that specialises in infrastructure design, sites and facilities that consumes any form of energy
(public, private, public and private)
Governmental educational organisations (in particular scientific research)
Companies and NGOs
30
These tasks include: Commission studies, research projects and experiments to develop renewable energy sources, energy efficiency,
environmental impact assessment studies (without making a reference to greenhouse gases). These projects could be delivered in collaboration
with universities, research centres, ministries, relevant organisations. Another task is to review studies and energy efficiencies of existing
systems, ask manufacturers to improve the efficiency of domestic and industrial electric equipment, raise the awareness with regards to
renewable energy, organise training sessions, advise the energy authority to produce policies to increase energy efficiency across all sectors.
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In order to encourage investment in renewable energy, Article 18 exempts renewable energy and
energy efficient equipment and devices from custom duties, and grants privileges to renewable power
generation installations as set out in the Investment Promotion Law.
On the other hand, the decree does not address the question of emissions nor the reduction or
adaptation of climate change impacts.
Results
Advantages of the existing legal system
Acknowledgement that the right to a clean environment is a human right and the
encouragement of the Basic Law to adhere to the charters and treaties governing human
rights
The existence of legislation for various elements of the environment, such as for: water,
agriculture, forestry, environment, electricity, renewable energy, local government,
organization, construction, industry, etc.
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The existence of institutions operating in sectors related to environmental issues and climate
change (Environmental Quality Authority, Energy and Natural Resources Authority, Water
Authority and other relevant ministries), as well as the requirements, set out in the legislation,
for cooperation and coordination between these institutions and the various other bodies
related to environmental issues.
The Environmental Law requires the determination of standards related to the regulation of air
pollution in cooperation with the competent authorities. It obligates all establishments
operating within these standards to adapt their processes to these requirements. As such, the
Environment Act prohibits the use of machines, engines or vehicles that produce an exhaust
that exceeds these standards.
The Environmental Law requires the EQA to act to reduce the depletion of the ozone layer in
accordance with international treaties and to prohibit the increase in the level of radioactivity
or concentrations of radioactive materials from installations and activities from the permissible
limits set by the competent Palestinian authorities.
Recognition of international treaties and conventions as well as the decisions of international
organizations working in the field of environment. These are an integral part of environmental
law.
Encouragement of the exploitation and development of renewable energy sources in
accordance with the provisions of Decree Law No. 14 for the year 2015.
The Council of Ministers’ decision to form the National Climate Change Committee of 21
members. Subsequently the EQA requested the addition of 7 new members; to ensure the
integration and participation of all stakeholders.
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The legislative decree, covering renewable energy, does not include sufficient incentives to
encourage investing in renewable energy and energy efficiency (e.g., tax breaks, the
allocation of land to new projects).
The weakness of existing legislative decrees to encourage investment in public transportation
in spite of its importance in reducing greenhouse gas emissions.
Recommendations
It is necessary to address the weakness identified in current legislation as stated above. Particular
requirements are:
The establishment of an institutional framework that clearly sets out the
responsibilities and powers needed to ensure the achievement of national and
sectoral strategies and plans for mitigating and adapting to climate change. This
framework should consist of three levels: collaboration, technical knowledge and
implementation. It should include the General Administration of the Environment
Quality Authority, the National Committee for Climate Change, and representatives
from other relevant ministries, relevant public bodies, and private stakeholders as
appropriate. The presence of a Central Committee for Climate Change is crucial to
ensure proper implementation of any proposed policies or legislative decrees. This
committee should include relevant stakeholders (e.g., the Water Authority, the Energy
and Natural Resources Authority, the Ministry of Transport and Communications and
the Meteorological Department. The Ministry of Finance and Planning, the Ministry of
National Economy, the Ministry of Health on the public sector and other relevant
official institutions).
The need to develop legislative decrees further to improve their quality and
effectiveness and promote relevant policies by consultation and communication with
the stakeholders. This exercise will enable a better understanding of the potential
impacts of these legislations once issued.
Encouragement of relevant stakeholders to exercise their legislative authorities,
monitor their performance, and expedite the issuance of secondary legislation,
identified by laws as priority for implementation.
Enhancement of adaptation and mitigation capacities with the relevant stakeholders,
particularly climate change departments in ministries and relevant sectoral bodies,
which need to be established in all of the relevant institutions. These capacities need
to be applied to all sectors that could be affected by climate change.
Incorporation of effective economic incentives and encouragement of investment
opportunities in the various sectors that are affected by climate change such as
health, industry, energy conservation, agriculture and forestry, biofuels, vehicle
emission standards, water and sanitation, seas and marine life, etc. These incentives
should also be available to NGOs, the academic community and technology
providers. Examples of these incentives include direct subsidies, indirect subsidies
through tax and customs exemptions, infrastructure facilities, State guarantees and
support for private investments, soft loans and contracts, etc.
Allocation of an annual budget for climate change activities and distribution across all
relevant ministries and bodies.
Establishment and operation of a national highly-transparent and technical
environment and climate fund to increase the ability to finance environmental and
climate change activities in order to achieve the goals to sustainably develop
Palestine. This funding organisation should aim to fundraise, receive funding
requests, evaluate funding requests, prioritise projects in accordance with approved
strategies, coordinate support and monitor the implementation of projects in
collaboration with other relevant stakeholders. Clear transparency and accountability
rules should also be applied throughout the operation stage of the fund.
Promotion of studies (e.g., survey, analytical surveying, documentation and
monitoring) that address climate change issues, alternative energy, and in particular
the enhancement of measurement, reporting and verification (MRV).
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1. Introducing a new law that covers all aspects of climate change, previously discussed
in this report.
2. Amending existing laws to incorporate new legislative decrees on climate change
mitigation and adaptation. This could be done by introducing one law/decree that
combines all amendments in one law.
3. Amending the Environmental Act and finalising secondary decrees that have not
been issued yet (this includes emission limits as set out in the Environment Act, with
modifications to them referring to emissions related to climate change). In addition,
this amendment would require different stakeholders to work within their competence
to draft new secondary legislation as required by the proposed amendment to the
environmental law.
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would be followed by the establishment of a fund for the environment and climate
change. This amendment should include the provision of basic administrative,
financial, supervisory, governance and accountability aspects associated with this
fund. Alternatively, these requirements could be covered in a separate law.
Amendments should also promote awareness, training and scientific research. Thus,
the proposed amendments are limited but would meet the main purpose of this
exercise. Finally, these amendments will include authority to all stakeholders to
prepare regulations and instructions for the general provisions that will be stated in
the amendments.
Since the Environmental Act, developed in collaboration of different stakeholders, is considered the
most relevant law on climate change, it is concluded that the third method is the most appropriate for
Palestine. Once the amendments have been entered into force for a certain period, and once the
technical, human and material capacity has been successfully achieved, a new environment law
covering climate change issues may be introduced. This approach would make its implementation
easily achievable due to previous experiences of the law enforcement.
Another advantage of this approach is the ability to benefit from the general set of provisions
contained in the Environment Act and air-related decrees, environmental impact assessment,
environmental permitting, monitoring and auditing, power awarded to specific stakeholders to deal
with environmental crimes as well as referral of incidents to international conventions.
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Agriculture.
Permission to transfer wood in the state forest as a result
of natural disasters (storms, snow, etc.)
To permit the transfer of wood, located in the state’s
forest, as a result of natural disasters (storms, snow, etc.).
The Council of To approve appropriate climatic and environmental 5،10
Ministers Regulation conditions for production.
(385– 2005) To cancel the registration of new products in case they
Agricultural entail danger on public health and the environment.
production
The Council of Grant companies the right to retain technical reserves to 3 ،1
Ministers cover the cost of catastrophic hazard losses / natural
Regulation (131– disasters.
2007)
Methods for
calculating technical
and accounting
reserves.
The Council of To reduce the length of admission for vehicles to start 2
Ministers from the year of manufacture (1994), instead of the
Regulation (47– current minimum, the year of manufacture (1997).
2006)
A ban on legally
expired vehicles.
The Council of Approve the proposal that aims to license vehicles which 1
Ministers operate using LPG system and convert the conventional
Regulation (77– fuel vehicles to LPG vehicles.
2006)
The adoption of
natural gas as an
alternative source of
fuel for vehicles.
Capital Market A company shall notify relevant authorities as soon as 19
Authority possible of disasters, fires and accidents and their
Instructions No. (2) expected impact on the financial position of the company.
of 2008 Concerning
Disclosure
The Council of To protect work facilities from the risk of fire and 4 ،3 ،2
Ministers Regulation landslides, and to secure emergency exits.
No. (21) for the year
2003 on the system
of safety
requirements in the
buildings of
enterprises
Decision of the Grant authority to the Minister to prohibit the use of 74 ،62
Minister of Post and wireless devices in case of emergency or to hand wireless
Telecommunications devices to an authorised governmental entity.
No. (1) of 1996
concerning Grant power to the Council of Ministers to close down
Telecommunications wireless radio stations of diplomatic bodies that are
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Presidential decree The Palestinian Red Crescent Society (PRCS) is the only 1
of 2006 approved voluntary relief organization that could act as an
auxiliary body for authorities in humanitarian field, in
accordance with the Geneva Conventions of 1949.
Presidential Decree Take all necessary measures to deal with natural disasters 5
No. (22) of 2003 and incidents that have a significant degree of sensitivity.
concerning the
terms of reference
of Governors
Instructions No. (1) To install and use renewable energy sources. -
of 2012 on the Prepare a guide for consumers by the national electricity
implementation of distribution company in collaboration with the Board of
the Palestinian Solar Directors of the Electricity Sector.
Initiative with
regards to the
installation of solar
photovoltaic
systems
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President of Palestine
Chairman of the Executive Committee of the Palestine Liberation Organization
In accordance with the provisions of the amended Basic Law of 2003 and its amendments, in
particular the provisions of Article (43) thereof,
And after having considered the Environmental Law No. (7) for the year 1999 amended by Legislative
Decree No. (11) of 2013,
And the Agriculture Law No. (2) of 2003,
And the Public Health Law No. (20) of 2004
And the Law No. (12) for the year 2013 concerning the Risk Prevention and Agricultural Insurance
Fund
And Law No. (14) of 2014 on water
And upon the recommendation of the Council of Ministers on …./…../2017
Based on the powers vested in us,
In the interest of the public,
On behalf of the Palestinian Arab people,
We have passed the following law resolution:
Article (1)
Reference is made to Law No. (7) for the year 1999 concerning the environment and its amendment
for the year 2013, for the purpose of making this amendment by the original law.
Article (2)
a. Amend article 1 of the original law by adding the following definition:
Climate change: Disruption of normal climatic conditions such as temperature, wind and rain
patterns is directly or indirectly attributable to human activity that leads to a change in the
composition of the global atmosphere, as well as to the normal fluctuation of the climate, over
similar time periods
b. Article (2) of the original law shall be amended by adding a new paragraph to it after
paragraph (5) bearing the number (6) stating the following:
Strengthening national capacities to deal with climate change issues: adapting to the adverse
effects of climate change and mitigating greenhouse gas emissions in the atmosphere to
prevent dangerous anthropogenic interference with the climate system, and; to avoid or
mitigate damage and to exploit beneficial opportunities to ensure Achieving sustainable
development.
Article (3)
Insert a new article after Article (27) of the original law bearing the number (27) bis, which reads as
follows: Article (27) bis
1. A national committee for climate change shall be established under the chairmanship of the head of
the Environment Quality Authority, and members of ministries, public authorities, universities and
scientific research centers, representatives of the private sector and civil society organizations, to be
determined by a decision of the Council of Ministers.
2. The representatives of the ministries and public authorities that are members of the Committee
shall be required to be senior officials experienced and competent staff in the fields of environment
and climate change.
3. The competent authority of the Environment Quality Authority shall be the Secretariat of the
National Committee on Climate Change.
4. The job description, mandate and task to be handled by the National Committee and its modus
operandum shall be determined by a bylaw to be generated by the Council of Ministers.
Article (4)
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A new article shall be added after Article (44) of the original law bearing the number (44) bis, which
reads as follows:
In order to achieve the objectives of this law, the Environment Quality Authority shall, in coordination
with the competent authorities, set the necessary technical instructions, propose standards to deal
with the changes in the environmental systems and relations resulting from climatic changes in order
to protect the environment and achieve sustainable development.
Article (5)
Insert a new article after Article (79) of the original law bearing the number (79) bis, which reads as
follows:
To achieve this law, a national fund for environment and climate change is established by special law.
Article (6)
In order to achieve the objectives of this by law, ministries and public authorities, each within its own
competence, may develop proper administrative bodies , departments or units as the need for action
to handle issues related to climate change.
Article (7)
This decision shall be presented by law to the Legislative Council in its first session for approval.
Article (8)
1. The Council of Ministers shall issue the necessary regulations to implement the provisions of this
resolution by law.
2. The competent minister shall issue the instructions and decisions necessary to implement the
provisions of this resolution by law.
Article (9)
All the competent authorities, each within its jurisdiction, shall implement the provisions of this
resolution by law, and shall come into effect from the date of its issuance and shall be published in the
official gazette.
Mahmoud Abbas
President of Palestine
Chairman of the Executive Committee of the Palestine Liberation Organization
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31
CPI 2013, to be clarified
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Between 2012 and 2014, 62% of climate finance flowed from private sources whereas 38% flowed
from public sources as illustrated in Figure 3 below.
Figure 16: Total public and private finance, 2012-2014 in USD billion
In 2014, the renewable energy sector dominated mitigation finance and the water sector dominated adaptation
finance as shown in Figure 17 and Figure 18 respectively.
Figure 17: Total public mitigation finance by sector (2014, in USD billion)
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Climate finance flows of $391 billion in 2015 is just the start - significant scaling up is needed, for
example:
Annual mitigation costs in developing countries in line with global targets32: up to $500B
by 2030
Annual adaptation costs for developing countries33: up to $100B by 2030.
Table 7: National institutions responsible for engagement with international funding institutions
32
Source: WRI, 2012
33
Source: CPI, 2013
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34
http://www.greenclimate.fund/documents/20182/56440/Rules_of_Procedure.pdf/9d55fae7-f4df-45fe-a3f3-754bc0d98e67
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Secretariat The GCF Secretariat is fully independent. It has effective management capabilities to execute the day-to-day operations of the Fund
and is accountable to the Board. The GCF Secretariat is rapidly developing its institutional, managerial and technical capacity that
enables it to deliver an extensive work programme.
GCF’s current structure focusses on each of the Fund’s operational priorities, including country dialogue, readiness support, mitigation
and adaptation, and private sector engagement. The structure of the Secretariat will evolve over time, including in relation to future
Board decisions on the overall governance structure of the Fund.
Today, GCF has about 100 staff members at its headquarters, including consultants. Some limited support is being provided offsite, in
other countries. With close to a 50/50 balance between men and women, 30+ nationalities, and many more languages spoken, the
Fund is an institution that speaks and acts for all people on the planet.
Activities The GCF will finance activities to enable and support enhanced action:
supported – Adaptation activities to reduce climate-related vulnerabilities
– Mitigation activities including:
energy efficiency (buildings, appliances, industrial processes)
low-emission power generation (small to large scale), transport and energy access
reducing emissions from deforestation and forest degradation (REDD+ implementation)
– Sustainable forest management (to support mitigation and adaptation) including afforestation and reduction of forest degradation
– Readiness and capacity-building for adaptation and mitigation activities
– Design and planning of cities to support mitigation and adaptation
– Supporting the coordination of public goods such as ‘knowledge hubs’.
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(investment investment
framework) – Sustainable development potential – wider benefits and priorities
– Needs of the recipient – vulnerability and financing needs of the beneficiary country & population
– Country ownership – beneficiary country ownership of & capacity to implement a funded project/programme (policies, climate
strategies & institutions)
– Efficiency and effectiveness – economic and, if appropriate, financial soundness of the programme/project
Project
approval
process
How to Access to the GCF is via Accredited Entities (national, regional, international): By the end of 2016 the following are the accredited
access the entities,
fund 1. Acumen Fund, Inc. (Acumen)
2. Africa Finance Corporation (AFC)
3. African Development Bank (AfDB)
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This list is usually updated and new agencies are added to it.
Modalities There are two ways to access the GCF: either through international or regional accredited entities (multilateral access), or through
for national accredited entities (direct access). In addition, in the future, a third modality may be available to access the GCF (enhanced
accessing access) – however, this is currently still under discussion.
the GCF 1.Multilateral access - access through international Accredited Entities
Core 1. Focal point for communication with the GCF; facilitate communication of nominations of national Accredited Entities to GCF (no
functions of objection procedure)
GCF 2. Principal signing authority on behalf of the government on matters pertaining to the GCF
National
Designated 3. Implement no‐objection procedure, ensure consistency of funding proposals with national plans and strategies, and recommend
Authorities funding proposals to GCF in the context of national climate change strategies and plans (inc through consultation processes)
(NDAs) 4. Coordinating priorities and activities in the country and facilitating convergence towards those priorities
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Roles of key The figure below summarises the roles for the National Designated Authority (EQA), Accredited Entities (international and regional
institutions institutions accredited to the GCF) and Executing Entities (national institutions) – for designing projects and submitting project
for proposals to the GCF vs project implementation.
accessing Project design Project implementation
the GCF
Projects So far, 27 projects have been funded by the GCF. Many more applications have been received, but require additional documentation
funded so before they can be considered complete or require additional due diligence (e.g. feasibility study).
far (October – The geographic distribution is as such: Africa (12 projects), LATAM and Caribbean (6 projects), Asia Pacific (2 projects), Eastern
2016) Europe (2 projects). The US$1.2B GCF funding is split as such: mitigation (27%), adaptation (28%), cross-cutting (45%).
– The project sizes vary:
micro (18%): up to and including $10M
small (37%):>$10M and up and including $50M
medium (30%): >$50M and up to and including $250M
large (15%): >$250M
– By access modality: international (75%), regional (18%), and national (7%) [number of projects]
The table below presents a selection of projects funded by the GCF so far (October 2016):
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Total
Project name Accredited Entity Location Focus Project Co-funding (%)
value (USD)
Agency for Agricultural
Development of Argan orchards in Mitigation and
Development of Morocco 49.2M 20.1
degraded environment - DARED adaptation
Morocco (ADA)
Climate action and solar energy Corporación Andina de
Chile Mitigation 265.0M 81.5
development programme Fomento (CAF)
Large-scale ecosystem-based
adaptation in the Gambia River United Nations
Basin: developing a climate Environment Gambia Adaptation 25.5M 19.5
resilient, natural resource based Programme (UNEP)
economy
Climate resilient agriculture in
Environmental
three of the vulnerable extreme Namibia Adaptation 10.0M 5.0
Investment Fund (EIF)
northern crop-growing regions
Increasing resilience of
ecosystems and communities
Centre de Suivi
through restoration of the Senegal Adaptation 8.2M 6.7
Ecologique (CSE)
productive bases of salinized
lands
Financial Grants, loans, equity and guarantees.
instruments
How is GCF Scale and impact
different to – The largest and fastest-growing public climate fund
other funds
– Expected to become the main global fund for climate finance
– Promote a paradigm shift and help developing countries transform their economies and put them on a low emission and climate-
resilient pathway
– Country -driven and in line with countries priorities
Governance
– Board comprised of an equal number of members from developed countries and developing countries
– Dedicated seats for SIDS and LDCs
– Decisions of the Board undertaken by consensus of the Board members
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Access
– Recipient countries able to utilize direct access or access through international and regional Accredited Entities accredited by the
Fund
Allocation
– Minimum floor for adaptation financing to SIDS, LDCs, African states (50% of adaptation funding)
– The allocation of resources will be balanced 50:50 between adaptation and mitigation activities
– The allocation of resources will be based on results
Pledges US$10.3 billion in pledges received so far - 9.9 billion has been signed and 1.5 billion has been committed.
received by
GCF
Summary of – Project/ Programme Information - title, country, accredited entity, executing entity, project size, focus, results areas, timeframe,
GCF start/end date.
concept – Project/ Programme details - description, background information, market overview, regulation/taxation/insurance, implementation
note arrangements
template
– Financing/ Cost information - description of financial elements of project, requested GCF amount and instrument, co-financing
– Expected performance against investment criteria - climate impact potential, paradigm shift potential, sustainable development
potential, needs of recipient, country ownership, economic and financial effectiveness and efficiency
– Brief Rational for GCF involvement and exit strategy
– Risk Analysis – environmental, social, financial, operational risks and their mitigation
– Multi-Stakeholder Engagement - plan and what has been done so far
– Status of project/programme – pre-feasibility study
– Supporting documents – map indicating location, financial model, pre-feasibility study, feasibility study (if applicable), env and
social impact assessment (if applicable), evaluation report (if applicable)
Summary of – Project / programme summary – project information (title, country, accredited entity, executing entity, project size, focus, result
GCF areas), executive summary, project milestones (start/end date, project lifespan)
funding – Financing/cost information – cost per project component, GCF financing/instrument, co-financing, financial markets overview (if
proposal applicable)
template
– Detailed project / programme description – strategic context, objective vs baseline, project description, market
overview/regulation/taxes/insurance (if applicable), timetable
– Rationale for GCF involvement - value added for GCF involvement, exit strategy,
– Expected performance against investment criteria (detailed)
– Appraisal summary – economic and financial analysis, technical evaluation, env and social assessment (inc gender), financial
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to request a PFG up to a maximum of US$30,000 together with their submission of the project concept to the Board.
– Project Formulation Assistance (PFA) grants - available to accredited national implementing entities (NIEs) to help NIEs tap into
external (international or national) expertise in the form of short-term consultant assignments to undertake specific technical
assessments such as an environmental impact assessment (EIA), a vulnerability assessment (VA), a risk assessment, a gender
study, and other environmental and social assessments. The amount available for each NIE for project formulation assistance will
be a maximum of US$ 15,000.
– Technical Assistance (TA) Grants- small grants to help NIEs build their capacity to address and manage environmental and social
as well as gender associated risks within their projects/programmes in accordance with the Fund’s environmental and social policy
(ESP) and gender policy.
Eligibility Any developing country under the Kyoto Protocol which is particularly vulnerable to climate change. It was decided at the COP 22 that
the AF would also serve the Paris Agreement. (Palestine will be eligible after accessing KP and endorsement of Doha
Amendment)
Project size – Small size (requesting up to $1 million)
categories – Regular size (requesting > $1million)
Project Throughout the year on a rolling basis
application
process
Project 1. Country Eligibility
selection – Is the country party to the Kyoto Protocol?
criteria
– Is the country a developing country particularly vulnerable to the adverse effects of climate change?
2. Project Eligibility
– Has the government endorsed the project through its Designated Authority?
– Does the project / programme support concrete adaptation actions to assist the country in addressing the adverse effects of climate
change and build in climate change resilience?
– Does the project / programme provide economic, social and environmental benefits, with particular reference to the most
vulnerable communities, including gender considerations?
– Is the project / programme cost-effective?
– Is the project / programme consistent with national sustainable development strategies, national development plans, poverty
reduction strategies, national communications or adaptation programs of action, or other relevant instruments?
– Does the project / programme meet the relevant national technical standards, where applicable?
– Is there duplication of project with other funding sources?
– Does the project / programme have a learning and knowledge management component to capture and feedback lessons?
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– Has the project / programme provided justification for the funding requested on the basis of the full cost of adaptation?
– Does the project / programme align with the AF results framework? 1 Further reference to the eligibility of country can be found in
the document: “Strategic Priorities, Policies, and Guidelines of the Adaptation Fund” 2 The Designated Authority referred to in
paragraph 20 of the OPG.
– Has the sustainability of the project/programme outcomes been taken into account when designing the project?
3. Resource Availability
– Is the requested project funding within the cap of the country?
– Is the Implementing Entity management fee at or below 8.5 per cent of the total project/programme budget before the fee?
– Are the project/programme execution costs at or below 9.5 per cent of the total project/programme budget before the fee?
4. Eligibility of NIE/MIE
– Is the project submitted through an eligible NIE/MIE that has been accredited by the Board?
5. Implementation Arrangement
– Is there adequate arrangement for project management?
– Are there measures for financial and project risk management?
– Are arrangements for monitoring and evaluation clearly defined, including a budgeted M&E plan?
– Is a project results framework included? Are relevant targets and indicators disaggregated by sex?
How to Access to the AF is via implementing entities which are national, regional and multilateral institutions accredited by the Adaptation
access the Fund Board.
fund The following are multilateral Adaptation Fund implementing entities:
– African Development Bank
– ADB
– EBRD
– IDB
– IFAD
– UN-Habitat
– UNDP
– UNESCO
– UNEP
– WFP
– World Bank
– World Meteorological Organization (WMO).
Financial Grants.
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instruments
Further Official website: https://www.adaptation-fund.org/
information Templates for funding proposals and instructions: https://www.adaptation-fund.org/apply-funding/project-funding/project-proposal-
materials/
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process
Project SCCF supports adaptation and technology transfer projects and programs that:
selection
– are country-driven, cost-effective and integrated into national sustainable development and poverty-reduction strategies; and
criteria
– take into account National Communications or NAPAs and other relevant information provided by the Party
How to Access is via GEF Agencies which are national, regional and multilateral institutions accredited by the GEF Council. The following are
access the GEF agencies:
fund – Asian Development Bank (ADB)
– African Development Bank (AfDB)
– European Bank for Reconstruction and Development (EBRD)
– Food and Agriculture Organizaton of the United Nations (FAO)
– Inter-American Development Bank (IADB)
– International Fund for Agricultural Development (IFAD)
– United Nations Development Programme (UNDP)
– United Nations Environment Programme (UNEP)
– United Nations Industrial Development Organization (UNIDO)
– The World Bank Group (WBG)
– Conservation International (CI) .
– Development Bank of Latin America (CAF)
– Development Bank of Southern Africa (DBSA)
– Foreign Economic Cooperation Office, Ministry of Environmental Protection of China (FECO)
– Brazilian Biodiversity Fund (FUNBIO)
– International Union for Conservation of Nature (IUCN)
– West African Development Bank (BOAD)
– World Wildlife Fund (WWF-US).
Financial Grants.
instruments
Further Official website: www.thegef.org/gef/SCCF
information
Accessing sources under the SCCF: http://www.thegef.org/publications/accessing-resources-under-sccf
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Activities – Preparation and implementation of national adaptation programmes of action (NAPAs), including the design, development, and
supported implementation of projects on the ground.
– Implement elements of the LDC work programme other than the NAPAs
http://unfccc.int/adaptation/knowledge_resources/ldc_portal/items/4722.php
– Enable activities for the preparation of the NAP process.
Eligibility LDCs may be eligible for GEF funding in one of two ways:
– if the country has ratified the conventions the GEF serves and conforms with the eligibility criteria decided by the Conference of the
Parties of each convention; or
– if the country is eligible to receive World Bank (IBRD and/or IDA) financing or if it is an eligible recipient of UNDP technical
assistance through its target for resource assignments from the core (specifically TRAC-1 and/or TRAC-2).
In addition, countries must have completed and submitted its NAPA to UNFCCC Secretariat for web publication
Project All projects or programs must fulfil the following criteria to be eligible for GEF funding:
selection – National priority and country ownership – projects must be driven by the country and designed in accordance with country priorities
criteria that support sustainable development
– Financing: A financing plan must be developed which promotes cost-effectiveness
– Participation: The project should involve national stakeholders, engage vulnerable communities as active participants in project
design and execution and show evidence of stakeholder consultation and support
– Transparency: the project should exhibit transparency in operations.
How to Access is via GEF Agencies:
access the – Asian Development Bank (ADB)
fund
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35
List of non-Annex 1 countries: http://unfccc.int/parties_and_observers/parties/non_annex_i/items/2833.php
36http://www.cdmrulebook.org/514.html
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– Baseline and monitoring methodologies comply with the requirements of the Executive Board; and relevant decisions of the
COP/MOP
– The project complies with all other relevant requirements for CDM project activities 37.
Further UNFCCC CDM website http://cdm.unfccc.int/index.html
information
37 As contained in in decision 17/CP.7, the present annex and relevant decisions by the COP/MOP and the Executive Board (3/CMP.1, Annex, paragraph 37).
38
List of Annex B countries: http://unfccc.int/kyoto_protocol/items/3145.php
39
See Paragraph 21 of the JI guidelines for further information regarding eligibility requirements.
40
http://unfccc.int/resource/docs/convkp/kpeng.pdf
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- The acquisition of emission reduction units shall be supplemental to domestications for the purposes of meeting
commitments under Article 3.
Further UNFCCC JI website http://ji.unfccc.int/index.html
information
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41
Source: GIZ, Adelphi
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Figure 19: Example of private sector investment criteria (source: GIZ, Adelphi)
Different private sector actors will have different expectations 42. For example:
banks / institutional investors / investment funds
o commercial rates of return on invested capital
o ‘secure’ investments (e.g. reduce operational or financial risk)
o marketing, image
large companies
o commercial rates of return on invested capital
o reduce operational risk
o attractive payback period
o legal compliance
o marketing, image
Small and Medium Entrepreneurs
o secure investments (e.g. guaranteed returns)
o financial or tax incentives
o legal compliance
private households
o financial or tax incentives
o legal compliance.
42
Source: GIZ, Adelphi
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Relevance
Relevance of the below topics to your
work? No Little Some
Very interested
interest interest interest
project pipeline
(c) Checklist for successful funding
proposals; key stages in developing
a funding proposal
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The project will run over seven years and consists of two complementary interventions:
GCF_Concept_Note
_Template- Habitat Connectivity- EQA-ARIJ-PMNH- FINAL DRAFT - March 2017.pdf
D.2 PENRA
PENRA’s project is entitled “Old refrigerators replacement as a tool for poverty and toxic emission
reduction” and the accredited entity is the UNDP. The overall project objective is to replace 20,000 old
refrigerators, which account for around 2.6% of the refrigerators in Palestinian homes. This project
focuses on mitigation where the expected yearly saving from this action is approximately 16 GWh
yearly. This effort will also support the involved families reduce their monthly expenses through
savings on electricity consumption and will provide other co-benefits.
The project will run for three years between 2018 and 2020.
See link below for the complete concept note.
GCF_Concept_Note
_Template-revised.pdf
D.3 MOA
MOA’s project is entitled “Increasing climate-resilience of livelihoods of Palestinian farmers” and the
accredited entity is FAO. The overall project objective is to enable a paradigm shift towards a low-
emission sustainable development pathway in the agriculture sector. The project is expected to
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improve management along the agricultural value chains to better adapt to climate change, to
increase productivity and incomes, and reduce GHG emissions where possible. To do so, this project
envisions three outputs:
- Output 1: Enhance public capacities to deliver advanced climate information services
- Output 2: Increase access to technologies for the development of climate-resilient and low
carbon agricultural value chains
- Output 3: Institutional capacities and partnerships are consolidated for climate change
adaptation, disaster risk reduction and climate change mitigation in agriculture
The project will run for six years.
See link below for the complete concept note.
GCF_Concept
Note_Climate-resilience of Palestinian farmers_22.03.17_FAO MoA.pdf
D.4 MOT
MOT’s project is entitled “Construction of the Al Salameyeh Public Transport Terminal, Al- Bireh City,
Palestine” and the accredited entity is the UNDP. The overall objectives of the project are to: enhance
regional connectivity, reduce GHG by reducing congestion, increase use of public transport which in
turn reduces fuel consumption and to enhance institutional management of the traffic and transport
network. The project therefore is a mitigation project focusing on emission reductions from low
emission transport but also has various co-benefits.
The project will run for three years between January 2018 and December 2020.
al salameyeh
revised.pdf
D.5 PWA
PWA’s project is entitled “Gaza central desalination plant and its associated works” and the
accredited entity is the European Investment Bank. The overall objective of the project is to achieve
sustainable water supplies for all domestic, industrial, and agricultural uses in the Gaza Strip. The
project activities would improve the quality complying with WHO/Palestinian standards, quantity, and
management of water supplies by the construction of a seawater desalination plant and other
associated elements to improve the water sector financial, environmental, socio-economic, and
technical sustainability. The main goal of the renewable energy component of the project is to provide
20.5 MW out of a total of 35 MW for Gaza Central Desalination Plant (i.e. up to 60% of the need
power supply for the desalination plant) through the construction of renewable energy resources, on
roof PV, PV on ground structure and wind turbines.
The project will run for 2.5 years between March 2018 and September 2020.
See link below for the complete concept note.
PWA_GCDP_GCF_C
oncept_Note_Template (8) 26.3.2017.pdf
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Time Session
08:30 – 09:00 Registration
09.00 – 09.10 Welcome
EQA/ UNDP
09.10 – 09:30 Project Overview
Mahmoud Abu-Ebid – Ricardo Energy & Environment
09.30 - 10.00 International setting for Climate Change Finance
Emelia Holdaway
10.00 – 10.30 Improving the National Institutional Framework for Climate Change (NIFCC)
Mahmoud Abu Zayed
10.30 – 11.00 Improving the National Climate Change Legal and Regulatory Framework
Mahmoud Abu-Ebid to present on behalf of Mahmoud Dodeen
11.00 – 11.15 Break
12.40 Lunch
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11.45 – 12.30 Requirements for GCF concept notes and funding proposals
Emelia Holdaway- Ricardo Energy & Environment
12.30 – 12.55 Objectives and agenda for two climate finance working days
Emelia Holdaway- Ricardo Energy & Environment
13.00 Close
EQA/ UNDP
Lunch
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4) 1st Climate finance working days – an invitation was sent to each ministry
The agenda of the working days is located in the invitation.
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13.30 Lunch
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Time Session
9:45 – 10:15 Registration
Lunch
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Time Session
08.30 – 09:00 Registration
09.00 – 09.10 Welcome
EQA/ UNDP
09.10 – 09:30 Project Overview
(Hala Othman – UNDP & Mahmoud Abu-Ebid – Ricardo Energy & Environment)
09.30 - 09.45 Palestine’s current status on climate finance and update from COP22
Nedal Katbeh-Bader - EQA
12.30 Close
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EQA/ UNDP
Lunch
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Time Session
08.30 – 09:00 Registration
09.45 – 10.00 Training (presentation, working groups and discussion) on the following
agreements:
- UNFCCC
- Convention on Biological Diversity
- The Basel Convention on the Control of Transboundary movements of
Hazardous Wastes and their Disposal
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