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Provision of Services to Implement the

Capacity Development Action Plan on


Climate Change “Phase I”
Final Report
_______________________________
Report for UNDP/PAPP

RFP-2016-106

Ricardo Energy & Environment Ref: Ricardo-AEA/ED62519/Issue 1


Capacity Development Action Plan on Climate Change, Phase I

Customer: Contact:
UNDP/PAPP Mahmoud Abu-Ebid
Ricardo-AEA Ltd
Customer reference: Gemini Building, Harwell, Didcot, OX11 0QR,
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RFP-2016-106
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AEA Ltd under contract to UNDP/PAPP dated
06/09/2016. The contents of this report may not Compiled by:
be reproduced in whole or in part, nor passed to Jonathan Perks and Katherine Shabb
any organisation or person without the specific
prior written permission of EQA or UNDP/PAPP. Approved By:
Ricardo-AEA Ltd accepts no liability whatsoever
to any third party for any loss or damage arising Mahmoud Abu-Ebid
from any interpretation or use of the information
contained in this report, or reliance on any views Date:
expressed therein. 25 July 2017

Ricardo-AEA reference:
Ref: ED62519Issue 1

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Capacity Development Action Plan on Climate Change, Phase I

Table of contents

Table of contents ................................................................................................................. 1


List of abbreviations ............................................................................................................ 2
List of tables and figures ..................................................................................................... 5
1 Introduction ................................................................................................................. 6
2 Final Outputs and Recommended Actions ............................................................... 8
2.1 Task 1: Improve the National Institutional Framework for Climate Change (NIFCC) ........ 8
2.1.1 Background ............................................................................................................... 8
2.1.2 Output ........................................................................................................................ 8
2.2 Task 2: Assist in Improving the National Climate Change Legal and Regulatory
Framework ................................................................................................................................... 17
2.2.1 Background ............................................................................................................. 17
2.2.2 Output ...................................................................................................................... 17
2.3 Task 3: Assist in Enhancing Climate Finance Readiness and Steps to Implement the
UNFCCC ...................................................................................................................................... 19
2.3.1 Background ............................................................................................................. 19
2.3.2 Output ...................................................................................................................... 20
3 Awareness raising and capacity building workshops and missions .................... 23
3.1 The First mission .............................................................................................................. 23
3.2 The Second Mission ......................................................................................................... 23
3.3 Gaza videoconferences .................................................................................................... 24
3.4 Workshops held by local consultants ............................................................................... 24
3.4.1 Institutional Expert ................................................................................................... 24
3.4.2 Legal Expert ............................................................................................................ 25
3.4.3 Summary of activities .............................................................................................. 26
4 Conclusions .............................................................................................................. 28
Appendices ........................................................................................................................ 29
A Improving the National Institutional Framework for Climate Change ................... 30
B Improving the National Climate Change Legal and Regulatory Framework ......... 55
C Establishing Climate Finance Readiness and steps to implement the UNFCCC . 73
D GCF concept notes ................................................................................................. 106
E Awareness Raising and Capacity Building Workshops and Missions................ 109
F Awareness Raising in Gaza - Workshops ............................................................. 116

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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

IUCN International Union for Conservation of Nature


IUCN International Union for Conservation of Nature
JI Joint Implementation Mechanism
LDCF Least Developed Countries Fund
LECRDS Low Emissions Climate – Resilient Development Strategies
LGUs Local Governing Units
LRC Land Research Centre
M&A Mitigation and Adaptation
M&E Monitoring and Evaluation
MEA Multilateral Environmental Agreement
MIS Management Information System
MoA Ministry of Agriculture
MoEHE Ministry of Education and Higher Education
MoFP Ministry of Finance and Planning
MoH Ministry of Health
MoN Ministry of National Economy
MoT Ministry of Transport
MoU Memorandum of Understanding
MRV Measurement, reporting and verification
NAD Negotiations Affairs Department
NAMA Nationally Appropriate Mitigation Action
NAP National Adaptation Plan
NAPA National Adaptation Programmes of Action
NCCC National Climate Change Committee
NCCC National Committee on Climate Change
NCF National Climate Fund
NDA National Designated Authority
NDC Nationally Determined Contribution
NDP National Development Plan
NECCF National Environment and Climate Change Fund
NFP National Focal Point
NGO Non-governmental organization
NIE National Implementing Entity
NIFCC National Institutional Framework on Climate Change
NRDP National Reform and Development
OFP Operational Focal Point
PA Palestinian Authority
PALAST Palestine Academy for Science and Technology
PCBS Palestinian Central Bureau of Statistics
PCRS Palestine Red Crescent Society
PEC Palestinian Energy & Environment Research Center
PENRA Palestinian Energy and Natural Resources Authority
PHG Palestinian Hydrology Group

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Capacity Development Action Plan on Climate Change, Phase I

PoA Programme of Activities


PPU Palestine Polytechnic University
PWA Palestinian Water Authority
RE Renewable energy
RR Risk Reduction
SCCF Special Climate Change Fund
SGP Small Grants Program
SIDS Small Island Developing States
SME Small- to medium-scale enterprises
SOP Standard operating procedure
UN United Nations
UNDP/PAPP United Nations Development Programme/Programme of Assistance to Palestinian
People
UNEP United Nations Environment Programme
UNFCCC United Nations Framework Convention on Climate Change
WMO World Meteorological Organization

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Capacity Development Action Plan on Climate Change, Phase I

List of tables and figures


Table 1: Multi-level governance institutional structure for climate change ............................................. 9
Table 2: GCF concept notes ................................................................................................................. 21
Table 3: Multi-level institutional governance for climate change .......................................................... 32
Table 4: Summary of roles and responsibilities of key institutions ....................................................... 33
Table 5: Advantages and disadvantages of national climate funds ...................................................... 46
Table 6: Summary of the multi-level Institutional framework ................................................................ 51
Table 7: National institutions responsible for engagement with international funding institutions ........ 78
Table 8: Green Climate Fund ................................................................................................................ 79

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)

In this final report, we:


 Summarise the outcomes and final results for each task in Chapter 2
 Summarise the awareness raising and capacity building workshops in Chapter 3
 Provide our compliance conclusion in chapter 4.
More details for each of these activities are provided in the appendices:

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

Appendix G Agenda for the legal workshop

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Capacity Development Action Plan on Climate Change, Phase I

2 Final Outputs and Recommended Actions


2.1 Task 1: Improve the National Institutional Framework for
Climate Change (NIFCC)
2.1.1 Background
Palestine is committed to mainstreaming climate change adaptation and mitigation into the national
planning process. This commitment is reinforced by Palestine’s recent accession and acceptance as
a Party to the UNFCCC. Previous work carried out by UNDP, in cooperation with EQA, highlighted the
need to:
 Improve the climate change governance structure,
 Review and amend, where appropriate, the legal framework;
 Build climate change finance readiness capacities; and
 Improve coordination across the governmental agencies, civil society organizations, including
academia, NGOs, and private sectors.
As part of this task, the current institutional organisation in Palestine was reviewed. A model was then
proposed for developing the institutional framework that could mainstream climate change in the
national development planning process in an efficient and effective manner. It is based on a review of
regional and international institutional models for climate change and on the result of the information
and feedback gathered from the key stakeholders involved in setting and implementing climate
change policies in Palestine.
The proposed model builds on what has been achieved so far. It utilizes the strengths and experience
that has been accumulated. It recognizes the key organisations that already play an active role in
formulating and implementing climate change policies. These organisations are:
- Environment Quality Authority (EQA)
- Ministry of Transport (MoT)
- The Ministry of Agriculture (MoA)
- The Palestinian Water Authority (PWA)
- The Palestinian Energy and Natural Resources Authority (PENRA)
The main institutional key player involved in climate change is EQA. EQA has a leading role in
formulating proper plans and strategies and plays a leading role 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.
 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.

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)

Table 1: Multi-level governance institutional structure for climate change

Level # Level Responsibility Lead

1 Addressing the needs to develop national


climate change policies, plans and strategies,
at the national level as stated in the National NCCC (chaired by the chair of
Committee on Climate Change (NCCC) the EQA)
National level decree issued by the Council of Ministers.
This is to ensure that the policy statements
and legislations that are created determine
Palestine’s strategy and priorities in
adaptation and mitigation regulations.

2 Addressing the need for effective


coordination and leadership of planning General Directorate on Climate
amongst the relevant governmental and non- Change, Risk Reduction and
Inter- governmental stakeholder organisations. Disaster Management within
ministerial EQA. For ease of reference
level Implementing concrete program and the GDoCC,RR&DM, is
partnership of cooperative management shortened to GDoCC in the
structures that involve national institutions rest of the document.
academia, civil society and NGOs.

3 Mainstream climate change within their


sector’s strategies and implementing climate
action plans in their sectors.
Different climate change units
Unit level Ensure that the activities are defining
Palestine’s adaptation plans and issues, and in Ministries and Authorities
ensure the possession of skills necessary for
the implementation and management of
specific adaptation and mitigation activities

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 2: Suggested multi-layered institutional framework on Climate Change for Palestine

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.

2.1.2.1 Level 1 – National Level


The national level layer is represented by the National Committee on Climate Change (NCCC). The
NCCC’s principle aim is to oversee public policies linked to climate change as set out in the mandate
of the Council of Ministries decree. Members of the NCCC are from various ministries and agencies at
a senior level (General Director and above). The NCCC needs to have clear access to the Cabinet

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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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.

Figure 3: Suggested iinstitutional structure of the first level – National Level

The NCCC has the following roles and responsibilities:


• Responsible for overseeing the national agenda around climate change.
• Responsible for overseeing a national response to the UNFCCC.
• Provide advice on climate change and environmental issues. The NCCC should be able to
mobilize the Palestinian national agenda as it relates to climate change.
• NCCC is a cross-sectoral and multi-disciplinary body with the mandate to identify the effect
of climate change on various sectors and develop a future vision on how to address
them. NCCC serves as a top-level point of reference in regards to the national policies
related to climate change.
• Should identify national priorities relevant to CC and ensure the integration of national
plans aimed at managing the risk resulting from CC with other national plans aimed at the
mitigation and reduction of the effects of disasters.
• Should provide sector representation on national level.
The NCCC will interact with the government (the Cabinet) providing advice on national plans
regarding climate change. It will also cooperate with the GDoCC (level 2) and various
ministries/authorities (level 3) to ensure cohesive implementation of key national policies and
strategies.
Members serving on the NCCC from various ministries, authorities and those representing various
sectors should coordinate with the existing operational units in their organizations. This will ensure
that a two-way communication takes place so that issues are raised and addressed and all parties are

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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

2.1.2.2 Level 2 – Inter-ministerial Level


Based on the history of the development of climate change activities at the national level and
supported by the exceptional achievements that Palestine was able to make at the national and
international level, led by EQA, it is agreed by all stakeholders that EQA will continue to be the
national governmental body leading climate change work at the national level. These continued
efforts will be done in coordination and cooperation with all other stakeholders.
To ensure that EQA is able to carry out this expanded and more responsible role it needs to be further
empowered by expanding its structure and enforcing it with additional resources. This will be reflected
by establishing the GDoCC and securing appropriate human and technical resources.
These recommendations are also echoed in various studies and reports conducted earlier, and based
upon our interviews with various stakeholders.3
The figure below presents the suggested institutional structure of the second level.

3
For example, the UNDP assessment report 2015, and the sector strategy 2010, etc.

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Figure 4: Suggested institutional structure of the second level – coordination level

The GDoCC will have the following roles and responsibilities:

 Set and promote professional practices related to climate change.


 Propose new and amend regulations and standards.
 Detect early issues that can impacted on by climate change.
 Propose and co-ordinate positions with stakeholders on climate change relevant issues.
 Issue guidance and position papers.
 To maintain interest representation with the various institutions
 Establish technical alliances and ad hoc coalitions with other stakeholders.
 Assist in organizing conferences, seminars, forums and awareness
 Maintain a two-way communication with national associations on development and
application of risk management and reduction related to climate change.
 Assist in conducting surveys and benchmarks to identify and share current practices
 Enhance education for climate change learning and awareness raising
 Communicate with media and training media sources

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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2.1.2.3 Level 3 – Unit Level


This level consists of the departments/units or Directorates General (DGs) at various ministries and
authorities especially those that are most relevant and that have a primary responsibility for climate
change matters including but not limited to: MOA, MOT, PWA and PENRA. 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
These units, if not lead by the NCCC representative, should be in close coordination with their NCCC
representative to ensure the voice of the organization as a whole is well heard and represented. They
will also respond to any queries for data and be a point of contact to other entities. These units can be
part of larger departments or they can be separate and have their independent structure. These units
should also compile any required data on climate change or relevant environmental issues and
present it to concerned parties or feeding it into any information systems that may exist.
Some of the tasks that should be reflective of the expanded role of these units can be as shown in
Figure 5 below.
Based on feedback gathered from various stakeholders, it became clear that there are varying needs
and various stages of the development of these units. Some ministries already have existing units to
carry out climate change functions while others have assigned these functions to staff in other units.
The key recommendation here is to specify the key structural components of these units and allow for
a higher level of flexibility for them to develop an operational setting that suits them best.

The figure below shows the suggested components of an operational unit.

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Figure 5: Suggested institutional structure of the third level –operational level

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

 The unit may be at the department level


 The unit may be at the General Directorate level.

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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2.1.2.4 National Environment and Climate Change Fund (NECCF)


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.

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.

The figure below presents the suggested structure of the NECCF.

Figure 6: Suggested National Environment and Climate Change Fund Institutional Structure

The proposed NECCF will consist of a:


:
 Board of Trustee: who will provide oversight for the fund as a whole.
 Executive manager: who will provide leadership and day to day management.
 Support staff: who will provide secretarial and other tasks.
 Technical Committee: This is an advisory committee that will help in applying for funds
locally and internationally.
 Investment Committee: Who ensure that funds are well managed and in case it legally
allowed are well invested.
While establishing such a fund is crucial, further work needs to take place. The fund may then serve
as a mechanism that supports Palestine to direct finance towards climate change projects and
programs. The fund will also enable the country to launch projects that support the national mitigation
and adaptation strategy. Moreover, the fund may be used to cover the cost of infrastructure and
resource development since Palestine has limited resources to invest in those. This fund can also be

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used to address any emergency needs that may arise in Palestine rather than waiting for resources to
be available4.

2.2 Task 2: Assist in Improving the National Climate Change


Legal and Regulatory Framework
This section provides the key findings for improving the national climate change legal and regulatory
framework.
Appendix B.1 provides the final report reviewing the legal and regulatory framework for climate
change in Palestine: survey, evaluation and proposals. This report demonstrates the work
methodology, scope of the proposed legislation revision (basic law, laws and secondary legislations)
gap analysis, findings and recommendations for amendment.
Appendix B.2 provides the proposed amendment of the Environment Law No. 7 of 1999 in English.
Arabic versions of appendices B.1 and B.2 are provided separately.
2.2.1 Background
The main aim of this task was to:
 Create an enabling legislative environment conducive to the implementation of national
climate change policies;
 Assist in the implementation of the obligations of Palestine.
This task reviewed and assessed the
 Current status of climate change issues in Palestinian legislation, starting with the amended
Basic Law of 2003, as a temporary constitution,
 Regular laws relevant to various environmental elements as well as energy
 Secondary legislation.
The aim of this review was to assess the adequacy of this legislation to improve the national climate
change legislations and regulatory framework.
In order to amend the environment law, the constitutional framework was also reviewed by looking at
various environmental related legislations. The research identified various deficiencies in the existing
legal system. For instance, the laws focused heavily on environmental pollution and lacked the
provisions to govern the issue of climate change. It also did not provide financial allocations to deal
with climate change and did not clearly define the tasks and power of relevant institutions.

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;

4 Per feedback from EQA Deputy chair

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Capacity Development Action Plan on Climate Change, Phase I

 Provide a legal base for inclusion of the agreed institutional framework;


 Establish a national environment and climate change fund.
The proposed amended law is presented in the box below.
Legislative Decree No. (………….) of 2017 on the amendment of the Environment Law No. 7
of 1999

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.

Issued in the city of Ramallah on: …../…../2017 (Gregorian date)


Corresponding to …../…../2017 (Lunar date)

Mahmoud Abbas
President of of Palestine
Chairman of the Executive Committee of the Palestine Liberation Organization

2.3 Task 3: Assist in Enhancing Climate Finance Readiness


and Steps to Implement the UNFCCC
This section provides the key findings to enhancing climate finance readiness and steps to implement
the UNFCCC
Appendix C.1 provides the climate finance report.
Appendix C.2 provides the climate finance training needs assessment form.
Appendix D provides the concept notes that have been developed. Please note that these are not the
final versions. The final versions will be included when ready.
2.3.1 Background
In order to access international climate change funds, national institutions require the capacity to
develop climate change project concepts or proposals which can be submitted to International
Financing Institutions (IFIs) and funders, as well as the capacity to implement climate change
projects. In case of seeking accreditation to any international climate change funds in order to access
those funds directly (i.e. without an international entity as an intermediary between the country and
the fund), then additional capacities will need to be demonstrated such as financial and administrative
management, transparency, monitoring and evaluation, project management, gender mainstreaming

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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

Table 2: GCF concept notes

Ministry / Authority

MoA PENRA EQA MoT PWA

Developing climate change


Increasing climate resilience Energy efficient Construction of the Al Gaza Central Desalination
resilient communities, terrestrial
of Palestinian smallholder refrigerators as a tool Salameyeh Public Transport Plant and its Associated
Project Title ecosystems and habitat
farmers’ livelihoods for poverty reduction Terminal, Al- Bireh City, Works
connectivity in Palestine
Palestine

Food and Agriculture


International Union for European Investment Bank
Accredited Organization of the United UNDP UNDP
Conservation of Nature (IUCN) (EIB)
entity Nations (FAO)

• 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.

Figure 7: Institutional structure for project implementation

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Capacity Development Action Plan on Climate Change, Phase I

3 Awareness raising and capacity building


workshops and missions
In order to achieve the results and outputs of the three keys tasks of this project described in the
sections above, we have delivered over 25 workshops and meetings with key stakeholders involved in
delivering Palestine’s Climate Change policy.
Two awareness raising and capacity building missions to Palestine (Ramallah) were also carried out.
In addition, two awareness raising workshops were held with Climate Change stakeholders in Gaza.
Further workshops and meetings with key stakeholders were arranged with the key stakeholders by
the local experts.
Prior to the two formal missions of the project an Initial Stakeholder meeting was held in October
2016, to introduce the project. It was held in Palestine and facilitated by the Project Team, including
the International Experts. Representatives from MoA, MoT, PWA, PENRA, Ministry of Finance and
Planning and EQA attended the meeting.

3.1 The First mission


The purpose of the first mission, which took place in December 2016, was to carry out:
 One day workshop with representatives from all of the ministries involved in implementing
climate change policies;
 One day workshop on Climate Finance for the ministries. These meetings were attended by
representatives of MoA, MoT, PWA, PENRA, Ministry of Finance and Planning and EQA.
Representatives from UNDP also attended.
 Five climate finance workshops with each of the ministries where the Climate Finance Expert
provided awareness raising, training and coaching.

Appendix E.1 provides the schedule and agendas of the first mission.

3.2 The Second Mission


The Second Mission took place during the last two weeks of February 2017. It included:
 Second climate finance working days with each of the 5 ministries.
 One-day High Level Workshop for Senior Officials and Decision Makers including ministers or
their delegates, agency heads and international donors.
 Second Gaza workshop.

The high-level workshop was attended by senior representatives from:

 Prime Minister’s office


 Environment Quality Authority (EQA)
 Ministry of Transport (MoT)
 Ministry of Agriculture (MoA)
 Palestinian Energy and Natural Resources Authority (PENRA)
 Palestine Water Authority (PWA)
 United Nations Development Program (UNDP)

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.

3.3 Gaza videoconferences


Two awareness raising, videoconferences were undertaken with stakeholders in Gaza.
The first, which was held in early February, summarised the work that Palestine has already
undertaken in addressing Climate Change including:
 Development of the National Greenhouse Gas Inventory.
 Development of the National Adaptation Plan.
 Compilation of Palestine’s First National Communication report to UNFCCC.
 Preparation of Palestine’s Nationally Determined Contribution to UNFCCC.
 Palestine’s accession as a State Party to UNFCCC.
 Capacity building to mainstream climate change policies.
 The local context of Climate change in Gaza.

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.

3.4 Workshops held by local consultants


In order to ensure that the proposed amendments to the National Institutional Framework for Climate
Change and the recommended amendments to the legislation, were well founded and had buy-in
from stakeholders involved in the implementation of climate change policy the local experts held
meetings and carried out workshops independently from the international team.
3.4.1 Institutional Expert
The institutional expert, Dr. Mohammed Abu Zayed, held meetings to understand the existing
institutional framework and structures of the organisations that will be responsible for implementing
climate change policy in Palestine. In particular, he held a first round of initial meetings with the
stakeholders (PENRA, PWA, MOT, MoA and EQA) in December 2016 to explain the project and
gather information on their views for the NIFCC. In February 2017 he held workshops with each of the
ministries to review the proposed institutional structure.
The following table summarises the meetings and workshops with each of the relevant ministries

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Capacity Development Action Plan on Climate Change, Phase I

Organisation Initial Meeting Workshop Other meetings

EQA 6-7 December 2016 31 January 2017 27 February 2017

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

PENRA 6-7 December 2016 9 February 2017 27 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

During the second mission a workshop was conducted at which:


 The proposed institutional framework was presented.
 Feedback on the model was gathered.
 Agreement on proposed institutional framework was secured.

3.4.2 Legal Expert


The legal expert, Dr. Mahmoud Dodeen, arranged several meetings with EQA and relevant
organisations through the project. In particular, he held a final workshop with EQA at the beginning of
March, to present his findings on the legal framework and the proposed draft new law. The agenda for
this workshop is located in Appendix G.

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Capacity Development Action Plan on Climate Change, Phase I

3.4.3 Summary of activities


The table provides the summary of the principal workshops, trainings and videoconferences.

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Capacity Development Action Plan on Climate Change, Phase I

Workshop Key stakeholders Date Presenters / facilitators

EQA, PENRA, PWA, MOA, MOT, Ministry of


Initial awareness raising workshop 27 October 2016 Project Team
Finance and Planning

EQA, UNDP, PENRA, PWA, MOA, MOT, Ministry


Inception Meeting 6 December 2016 Project Team
of Finance and Planning

Climate Finance workshop EQA, UNDP, PENRA, PWA, MOA, MOT, 7 December 2016 Climate Finance Expert

Team Leader and members


Raise Awareness of Climate Change (1) Gaza Stakeholders (see note below) 16 February 2017
of the Project Team

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

Five working days held during First Mission with


PENRA, PWA, MOT, MoA and EQA
Climate Finance Workshops February 2017 Climate Finance Expert
Five working days held during Second Mission
with PENRA, PWA, MOT, MoA and EQA

Training session for national legislators, especially in


EQA and main stakeholders in the Issue of
EQA 25 March 2017 Legal Expert
Multilateral Environmental Agreements (MEAs)
especially climate related ones.
Note: We worked with our local experts, EQA and UNDP to arrange a videoconference. Sadiq Abdelal from the Islamic University of Gaza supported us with
the logistics of the workshop and provided a presentation on the local circumstances of Gaza. Agendas for both Gaza workshops are located in an Appendix
at the end of the report.

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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:

Deliverables Delivered Section reference


Inception Report  Provided separately
Report on improvement of climate
change National Institutional  See Appendix A
Framework
One-day workshop/meeting to High
Level Senior Officials and Decision  See Appendix E.2 section 2)
Makers
Institutional workshops  See section 3.4.1
Drafted Proposal on the
amendment of the environment of
Palestine or propose an own  See Appendices B.1, B.2, and section 3.4.2
Climate Change Law and a report
on the two consultation workshops
Report on climate finance
 See Appendix C.1 and C.2
preparedness
Two days training workshop on See Appendix E.1 section 4) and Appendix E.2

climate finance section 3)
Five proposals for fundraising  See Appendix D
Two workshops in Gaza  See Appendix F
One training session on multilateral
 See Appendix G
environmental agreements

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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:

• Improve the climate change governance structure;

• Review and amend, where appropriate, the legal framework;

• Build climate change finance readiness capacities and

• Improve coordination across the governmental agencies, civil society organizations,


including academia, NGOs, and private sectors.
As part of this task, the current institutional organisation in Palestine was reviewed along with
the proposed National Institutional Framework on Climate Change (NIFCC) by the Capacity
Development Programme (CDP) report5 which was developed in 2015 by Triple-E and
Climatekos. A model was then proposed for developing the institutional framework that could
mainstream climate change in the national development planning process in an efficient and
effective manner. It is also based on a review of regional and international institutional models
for climate change and on the result of the information and feedback gathered from the key
stakeholders involved in setting and implementing climate change policies in Palestine.
The proposed model builds on what has been achieved so far. It utilizes the strengths and
experience that has been accumulated in Palestine. It recognizes the key organisations that
already play an active role in formulating and implementing climate change policies. These
organisations are:
- Environment Quality Authority (EQA)
- Ministry of Transport (MoT)
- The Ministry of Agriculture (MoA)
- The Palestinian Water Authority (PWA)
- The Palestinian Energy and Natural Resources Authority (PENRA)

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.

A.2 Overall description of the proposed institutional


model:
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 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.

As mentioned in the introduction, the multi-level institutional framework builds on the


conclusions of the CDP report which was developed in 2015 by Triple-E and Climatekos. The
CDP report proposed the NIFCC as presented below.

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)

Table 3: Multi-level institutional governance for climate change

Level # Level Responsibility Lead

1 Addressing the needs to develop national


climate change policies, plans and strategies,
at the national level as stated in the National NCCC (chaired by the chair of
National level Committee on Climate Change (NCCC) the EQA)
decree issued by the Council of Ministers.
policy level This is to ensure that the policy statements
and legislation that are created determine
Palestine’s strategy and priorities in
adaptation and mitigation regulations.

2 Addressing the need for effective


coordination and leadership amongst the General Directorate on Climate
Inter- relevant governmental and non-governmental Change, Risk Reduction and
ministerial stakeholder organisations. Disaster Management within
level EQA. For ease of reference
Implementing concrete actions by ensuring
organizational coordination and cooperation across the the GDoCC,RR&DM, is
level relevant organisations including national shortened to GDoCC in the
institutions academia, civil society and rest of the document.
NGOs.

3 Mainstreaming climate change within their


sector’s strategies and implementing climate
action plans in their sectors.

Unit level Ensuring that the sectors policies and actions


are appropriately aligned with Palestine’s Different climate change units
operational adaptation plans and issues, in ministries/authorities
level
Ensuring that the key institutions possess the
skills necessary for the implementation and
management of specific adaptation and
mitigation activities

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.

Table 4: Summary of roles and responsibilities of key institutions

Institution Role and Responsibilities

National Committee • Identify national priorities relevant to Climate Change


for Climate Change • Oversee the development of national policies and strategies
(NCCC) and advises the Government on Climate Change

• Lead the process of preparing the national climate change


policies, strategies and plans.
• Appointed as National Focal Point for GCF, while Chair of
EQA to be the NDA.
EQA (GDoCC)
• Appointed as National Focal Point for UNFCCC, IPCC and
CTCN.
• Coordinate climate change policy with Government ministries
and stakeholders

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Institution Role and Responsibilities

• Lead the process of preparing National Communication


Reports, GHG inventories, Biennial Update Report, National
Adaptation Plans and Nationally Determined Contribution
reports.
• Serves as the Executive Secretariat of the NCCC

• Ensure flows of financial resource to climate change projects


Ministry of Finance
• Track donor financial support and help in fund raising
and Planning
• Fund support for certain institutions
• Assist in sector climate change policies and ensure that
climate change is mainstreamed in their sectors
• Collect data required for the development of the greenhouse
gas inventory in their sectors.
• Prepare project concepts and implement adaptation /
Individual Ministries mitigation projects
• Monitoring and reporting
• Cooperation with other ministries
• Provide support to their representatives in the NCCC
• Coordinate with EQA

A.3 National level


The focal point of climate change actions in Palestine is the National Committee on Climate
Change (NCCC). It is responsible for overseeing national climate change policies and
ensuring that they are implemented.
The figure below presents the suggested institutional structure of the NCCC.

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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:

 Have legal empowerment to function effectively.


 Be able to form sub-committees as needed.
 Have the right to call upon experts to provide evidence and opinion, though they
do not have the voting rights.

All these elements are described in this report.

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.

Roles and responsibilities


Overall, the role of the NCCC is to oversee and advise the GDoCC on matters concerning
climate change. The key roles and responsibilities of the NCCC include:
1. Setting the National agenda and vision related to climate change
2. Drafting public policies concerning climate change that are aimed at adapting
to and mitigating the effects of climate change.
3. Ensuring that Palestine is well represented locally, regionally, and
internationally on matters related to climate change
4. Reviewing possibilities to participate in international agreements related to
sustainable development
5. Developing draft position papers and strategy for participation in international
negotiations relevant to sustainable development;
6. Advocating for Palestine in the international community on matters relating to
climate change.
7. Providing public policy and strategic guidance and oversight of the climate
change national agenda in accordance with national laws and international
treaties and UN conventions.
8. Providing Guidance to GDoCC and other concerned parties in relation to
Palestine’s commitment to international climate change treaties; as well as
providing advice on how best to perform their duties.
9. Ensuring the inclusion of climate change issues in the National Reform and
Development Plan (NRDP).
10. Monitoring and evaluating plans and programs of other relevant organisations
that are involved in implementing climate change actions.
11. Providing oversight and coordination amongst the various ministries for
mainstreaming climate change strategies.
12. Coordinating, monitoring and evaluating the programs and action plans of the
government relating to climate change.
13. Endorsing and supporting funding requests to the Green Climate Fund and
other donor sources, submitted by GDoCC.
14. Implementing any other duties assigned to it by the Government of Palestine.

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.

Alternate NCCC Members


Each NCCC member may designate an alternate NCCC member from within its organization
or constituency. The alternate member may be permitted to participate in NCCC proceedings
but may only vote when a member of his or her constituency group is absent or unable to vote
due to a conflict of interest. Under no circumstances will a NCCC member and an alternate
from within the same participating organization cast ballots on the same vote. Each
constituency will determine the method of selection for alternate NCCC members. Alternate
NCCC members should attend and participate in NCCC meetings where possible.

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.

A NCCC member who serves on the NCCC as a representative of a ministry, NGO, or


academic institution and leaves the employment of that company or institution shall resign
from the NCCC at the latest by the effective date of his or her termination of employment. If a
member misses 3 consecutive meetings without an acceptable excuse, (as decided by the
chair of NCCC), the chair of the NCCC will write to the head of the constituency requesting a
new nomination within two weeks. If an NCCC member does not complete his or her term, the
participating institution shall select a replacement member subject to the approval of the
relevant constituency group. Serving a partial term shall not count against the limits to NCCC
terms described above.

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.

A super majority is defined as two-thirds of the full NCCC


A simple majority is defined as 50 percent plus one of the full NCCC.

These definitions refer to the simple or super majority of full NCCC seats, not just of those
NCCC members present for the vote.

Super-majority voting will apply for the following situations:


1. Adopting or amending of the core NCCC documents.
2. Terminating the participation of a ministry/non-ministerial organization, NGO,
academic institution, or other members.
3. Adoption of and material changes to the reporting and independent
assessment process.
4. Determination of compliance of an NCCC participant.
5. Approving conflicts of interest policies and procedures.
6. Changing funding commitments for participating entities.
7. Exceptions or exemptions to this charter or other NCCC documents
8. Other votes at the discretion of the NCCC Chair

Simple-majority voting will apply for the following situations:


1. Annual operating plan and budget.
2. Appointment of NCCC members or extension of terms of existing NCCC
members.
3. Admission of new participants.
4. Adopting meeting minutes.
5. Approving NCCC's annual report.
6. Other votes raised by a member of the NCCC, Secretary, or other NCCC
participating organization.
7. Inviting external consultants to attend the meeting(s) of NCCC

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.

Subcommittees and working groups


The NCCC may create sub committees of the NCCC and/or working groups in order to
facilitate the work of the NCCC. It is recommended that the number of members of the
subcommittee (SC) ranges from 4-6. Sub-committees will select a chair who arranges
appropriate meetings and ensures that the SC work is well managed. The SC chairs and the
NCCC chair will meet at least every 3 months to review the work and update each other on
progress of work and arising issues. Committees and working groups will strive for
consensus, but may bring alternative recommendations to the NCCC if consensus cannot be
achieved. All NCCC members are eligible and encouraged to participate in these committees
and working groups in order to maintain diverse representation across NCCC activities.
Currently, there are 5 sub-committees:

 Climate change data


 Policy planning and legislation
 Adaptation and technology transfer
 Awareness and capacity building
 Science

Funding & member compensation


The NCCC may receive funding from participating entities especially from the core budget of
the Palestinian Government to cover some of its functions attributed cost. The NCCC will also
seek assistance from other sources of funding, as long it does not create a conflict of interest
and is within the regulations and policies of the Palestinian government. Members who
participate in the NCCC activities may be compensated financially to offset the cost of
meetings and time that may be taken off work. Also, it may be needed to develop certain skills
for the NCCC members and those should be covered as resources allow.

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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.

Roles and Responsibilities


Overall the GDoCC should have the following three functions.
 Legislative Role: Participate in preparing drafts for the laws and bylaws that govern and
regulate actions that have an impact on climate change as well as participating in
establishing environmental standards relating to climate change and to the work of
various relevant entities.
 Planning Role: Lead and participate in the preparation, implementation, and evaluation
of various strategic plans relevant to climate change in full collaboration with various
entities and sectors who have a role in environmental issues.
 Coordination Role: Coordinate the various environmental functions and initiatives aimed
at improving the Palestinian environment which are carried out by various climate related
governmental agencies, civil organizations, and with regional and international
organizations concerned.

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.

Roles and Responsibilities of the Director of the GDoCC


The role of the DG is to define and determine the strategic direction for the GDoCC, liaise
with stakeholders and monitor the organization’s performance regarding climate issues.
Responsibilities for climate related regulations include:

• Oversight of compliance with statutory requirements


• Oversight of delegated statutory decision-making processes.
• Providing technical and regulatory advice

Oversight of the financial management of as it relates to climate change:

• Working with the various stakeholders to develop strategic directions


for EQA, set performance indicators and targets and review
performance management information.
• Ensuring procedures are in place that will result in effective and
efficient budgeting.
• Monitoring the financial performance of various funded projects and
reviewing their financial reports
• Providing direction to EQA staff on high level organizational issues
• Considering matters raised by the NCCC, Risk and Audit Committees
and Advisory Committees.

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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

 The unit may be at the department level


 The unit may be at the General Directorate level.

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.

Roles and responsibilities:


The following points explain the mandate of the responsible entities from ministries/authorities
at the operational level:
1. The focal point that represents the ministry/authority on matters relating to climate
change.
2. Work with stakeholders on preparing and implementing plans that relate to climate
change in their sector
3. Coordinates with the GDoCC on funding proposals and fund raising
4. Communicates to the various components of their ministry information that may be
relevant to them.
5. Conduct studies and prepares reports on matters relevant to its specialization and as
needed by its concerned Ministry.
6. Prepares regular reports and present them to the GDoCC, through the General
Director of the concerned directorate at their ministry/authority.
7. Follow-up on what it receives from the GDoCC and responds accordingly
8. Link with other climate change units to share information and strengthen
collaboration.
9. Other functions as designated by minister or administration
The table provides a summary on the key responsibilities of the individual ministries at the
operational level.
Individual • Participating in development of their sector strategy and
Ministries policies with relevance climate change
• Identifying and implementing mitigation / adaptation projects
• Monitoring and reporting
• Cooperation with other ministries
• Provide a representation in NCCC
• Coordinate with GDoCC

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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.

Table 5: Advantages and disadvantages of national climate funds11

Advantages Disadvantages

 Pool international climate finance  Substantial time and resources can be


needed to establish and administer a
 Blend international, national, public and national climate fund
private finance.
 Disconnect with overall government
 Ensure government funds are earmarked budget processes - managing climate
specifically for climate actions finance outside formal government
 Channel funds to intended beneficiaries systems can compromise the discipline of
at the national and local levels the resource allocation process.
 Provide a platform for multi-stakeholder  Issues in transparency and accountability
coordination on climate finance. – extra-budgetary funds are sometimes
 Able to sustain funding beyond the yearly associated with the dilution of
budgeting cycle and its changing accountability and control and also
priorities problems in reporting and consolidating
fiscal data.

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.

A1.3 The case for a national climate fund in Palestine


As set out in Table 5 above, depending on how it is designed 12, a national climate fund can
provide a mechanism for pooling international climate finance, platform for multi-stakeholder
coordination and channel for distributing climate finance to national and local levels. However,
it is not the only mechanism available for delivering these advantages, and the anticipated
benefits of a national climate fund should be carefully weighed against the time and resources
required to establish the fund. For example, time to gain political support (especially where
legislation may need to be passed by parliament/general council), financial resources to
maintain the financial sustainability of the fund, and capacity required to develop and run the
national climate fund.
Establishing a national climate fund will enable Palestine to invest in the resources available
and be able to carry various functions required to deal with climate change challenges and
demands. While establishing such a fund is crucial, further work needs to take place. This
fund can serve as a mechanism that supports Palestine to direct finance towards climate
change projects and programs. The fund will also enable the country to launch projects that
support the national mitigation and adaptation strategy. Moreover, the fund can be used to
cover the cost of infrastructure and resource development since Palestine has limited
resources to invest in those. This fund can also be used to address any emergency needs
that may arise in Palestine rather than waiting for resources to be available 13.
NECCF is expected to enhance Palestine’s engagement of climate finance by acting as a
facilitator to fund raising activities including and coordinating of climate finance. The national
environment and climate fund could assist in implementing Palestine’s strategies and national
plans.
In setting the objectives of the national climate fund, consideration should be given to the
below14
 What are the national priorities on climate change? Are there short, medium or long-term
strategies that the NCF should support (including national strategies, NDC, NAMAs,
etc.)?
 Will the fund focus on thematic priorities (e.g., renewable energy, climate smart
agriculture) or support broader objectives?
 How will the objectives of the fund relate to the objectives of other international and
domestic funds?
 What timeframe is most appropriate? Should the national climate fund be time-bound?
 What are the expected financial flows to the fund? Have funds already been pledged?
Have these funds been earmarked toward a specific activity that should be
acknowledged?
 Are there stakeholders that must be acknowledged in the objectives? (e.g. those
associated with specific sectors)
 Should the objectives acknowledge a relationship with an entity or programme?

A1.4 Proposed institutional structure for National Environment and Climate


Change Fund
Figure 8 below presents the proposed institutional structure of a National Environment and
Climate Change Fund (NECCF) for Palestine

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:

I. Government representatives: representatives from government agencies


dealing with the issues of energy and climate change respectively.
II. Multi-stakeholders: Involving representatives from government agencies,
development partners, and civil society.
III. International and national representatives: International representatives
sitting in a board of trustee can be for a temporary or indefinite term. They
are usually representing development partners or donors providing financial
support to a fund.
IV. Executive Office: This is a daily administrative body that is responsible for
the administration and financial management under the guidance of a Board
of Trustee. A Director is usually assigned to manage the executive office of a
national fund. Depending on the legal status of a fund, staff of an executive
office can be government officials or non-civil servants, although in most
cases, it is the latter. In the case of multi-donor trust funds.

2. Executive manager: will provide leadership and day to day management

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3. Administrative staff: will provide secretarial and other tasks.

4. Technical Committee: A technical committee is not necessarily a permanent


structure within the governing structure of a national fund. In most cases, the
technical committee is only formed at the beginning of a project cycle to review and
evaluate project proposals and provide recommendations to the Board whether a
proposal can be awarded or declined funding. Technical experts serving as members
of a technical committee are often involved for a certain period to render the services
required.
5. Investment Committee: An investment committee is primarily responsible for
overseeing the management of financial assets and formulating investment policies.
The committee provides recommendations for general investment matters to the
Board who will then make final decisions. An investment committee is a crucial body
in the management of endowment funds, while for other types of funds; an
investment committee can be embedded in an executive office. A fund can also hire a
service provider (an investment firm) to help manage its financial assets.

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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

Structure Job Description Resources Risks and challenges

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

action plans of the government


relating to climate change.
 Endorse and support funding
requests to Climate Green Fund
and other donor sources,
initiated and submitted by
GDoCC.
 Identify, prevent and manage
conflict situations
 Develop a future vision and plan
for Palestine’s national strategy
to maintain sustainability

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

submits climate change funding


requests.
 Participate in directing relevant
research regarding climate and
the evaluation of Risk
management associated with
climate change mitigation and
adaptation.
 Implement programs and
concrete partnerships of
cooperative management
structure involving civil society
and national institutions
 Be a data incubator and
connects to relevant sources of
data.

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

B Improving the National Climate Change Legal


and Regulatory Framework
This appendix provides the recommendations for improving the national climate change legal and
regulatory framework proposed by Dr. Mahmood Dodeen. These are:
- The legal and regulatory framework for climate change in Palestine: survey, evaluation and
recommendations
- Legislative Decree No. () of 2017 on the amendment of the Environment Law No. 7 of 1999 –

B.1 The legal and regulatory framework for climate change in


Palestine: survey, evaluation and recommendations
Introduction
Climate change and its effects continue to be one of the most prominent concerns of the international
community. Countries have varying positions on how this issue should be tackled based on their own
interests, ambitions and their reliance on fossil fuel. International discussions have culminated in the
creation of the United Nations Framework Convention on Climate Change (UNFCCC) in 1992.
Various protocols and conventions have emerged from the UNFCCC, such as the Kyoto Protocol, the
Doha amendment, and most recently, the Paris Agreement. The overall aim of these agreements is to
reduce emissions from greenhouse gases to a level that does not adversely affect the ability of the
natural environment to adapt to climate change and to maintain repositories of these gases (sinks and
reservoirs), including forests. These agreements facilitate research on measuring emission rates and
the negative impacts that these emissions cause, as well as assessing the impacts of mitigation
policies and plans that countries have developed. They also strengthen awareness, training and
cooperation programs, promote the development of environmentally friendly technologies, and
improve the capacity of countries to adapt to climate change.
These documents also refer to special obligations where developed countries (Annex I parties) need
to provide assistance to developing and least developed countries (non-Annex I parties) in order to
enhance their capacities to adapt to the impacts of climate change. All parties, however, have
common commitments to submit periodic reports on their climate activities for both mitigation and
adaptation.
Mitigation and adaptation are at the core of different legal systems addressing climate change.
Emissions policies aim to slow the pace of climate change by reducing greenhouse gas emissions,
while adaptation policies seek to address the negative impacts of climate change; to avoid or mitigate
harm or to take advantage of the co-benefits that might arise15.
Adaptation may be the most important issue for developing countries, including Palestine, because of
their limited contribution to greenhouse gas emissions. International climate change actors refer to
five elements that national governments, particularly in developing countries, should take into account
when preparing policies for effective adaptation to climate change. These are public participation,
availability of information on decisions taken, appropriate institutional design, planning tools, and
policy-making and resources.16
Disaster risk management should be integrated with the management of climate change. Together
these must be dealt with in a way that promotes comprehensive and sustainable national
development, creating a secure and stable national environment and guiding the development of
policies, strategies and plans to reduce, mitigate and adapt the main risk factors. This should be done

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

Law No. (7) of 1999 concerning the environment


This law deals with climate change through three topics: objective and general principles, the special
conditions of natural environment and environmental impact assessment, and reference to relevant
international treaties.

Objective of the law and general principles


The article’s definition includes various concepts related to environmental protection, including the
definition of various environmental elements: pollution of the environment; air; water; pollutants and
materials (including radiation); environmental damage; environmental impacts; pollution prevention as
well as pollution and environmental disasters linked to extreme weather events associated with
floods, drought, etc.; environmental control; environmental degradation; natural reserves and
environmental awareness (Article 1).
The objectives of the law, in general terms, are to:
 Protect the environment from pollution in all its forms;
 Integrate the foundations of environmental protection in economic and social development
plans, and
 Promote the sustainable development of vital resources.
Consequently, it aims to support the conservation of biological diversity, the protection of
environmentally sensitive areas and the improvement of areas that are environmentally affected. The
law also supports the collection and dissemination of environmental information and increasing public
awareness of environmental problems (Article 2).
In order to achieve these objectives, and to ensure implementation of the law, the law strengthened
cooperation and coordination between the EQA and other competent bodies in Palestine as well as
with public, private and civil society institutions (For examples, look at Articles 4, 6-11, 16, 17, 19, 78).
Moreover, Article 78 requires the EQA to develop contingency plans to address environmental
disasters, some of which are the result of climate change, in cooperation with the competent
authorities.

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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Special conditions of the natural environment and


environmental impact assessment
Article 19 of the Environmental Law obliges the EQA to set standards for regulating air pollution levels
that may cause damage to public health, social welfare or the environment in cooperation with the
competent authorities. All operating institutions are required to comply with these requirements.
Article 22 prohibits the use of machines, engines or vehicles resulting in exhaust that exceed these
standards.21
Article 27 prohibits increasing the level of radioactivity or concentration of radioactive materials above
the permissible limits set by the competent authorities.
Article 24 requires the EQA to work to limit the depletion of the ozone layer in accordance with the
international treaties to which Palestine is committed. This is done by taking appropriate measures
with respect to the importation, production or use of any chemicals that cause harm to it. While these
articles do not refer specifically to climate change, there are substances that deplete the ozone layer
which are also effective greenhouse gases, and vice versa. Moreover, climate change also affects
ozone depletion. Therefore, there is a correlation and reciprocal relationship between the two
concepts as is shown by various studies. 22
The third section of the law aims to regulate environmental impact assessments, licenses and
inspection of facilities. It also focuses on the reduction of harmful effects to the environment, the
prevention of environmental hazards and the establishment of procedures to achieve this. The EQA,
with other competent authorities, are developing the criteria for identifying projects and areas subject
to environmental impact assessment studies and the relevant procedures needed to undertake this
assessment. They are also identifying projects and activities that require prior environmental approval
before being licensed by the competent authority. (There is a specific list in the Palestinian
Environmental Assessment Policy and the procedures for the development). They also encourage
licensors to switch to projects that use materials or processes that are less harmful to the
environment.

Reference to relevant international treaties.


The Palestinian Environmental Law of 1999 23 also deals with international treaties and international
entities. According to Article 77, International and Regional conventions, treaties as well as
specialized international entities of which Palestine is part to, are considered complementary to the
Environmental Law of 1999. Provisions of any other laws related to the environment which are in
effect in the Palestinian territories, are also considered complementary to this law, unless otherwise is
provided.
In addition, the importance of implementing the provisions of the Palestinian Environmental Law and
any other international conventions are also emphasised. Article 75 of the Law made it obligatory that
the Ministry of Environmental Affairs, in coordination with the local specialized agencies shall
cooperate with the signatory countries to (i) exchange scientific and technical information, (ii)
coordinate programs in the field of joint environmental research, (iii) set and implement joint
cooperation programs to prevent or reduce environmental pollution and exchange various forms of
assistance in this regard.
We believe that considering and emphasising the importance of international treaties as part of the
Palestinian Environmental Law of 1999 was the right decision to take. In addition, we believe that this
approach is constitutionally legitimate due to the fact that the Palestinian Basic law24 , does not
contain provisions on commitments or obligations towards international treaties on the environment
and on how to enforce them within the Palestinian territories. It should, however, be noted that the
Basic Law considers the right to a clean environment to be a human right which should be respected.

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.

Other legislation complementary to environmental


law
Given the diverse aspects of the environment, various actors are required to work side by side with
the EQA to protect various environmental issues and to prevent, mitigate and adapt to climate
change. These include the Ministry of Agriculture, the Water Authority, the Energy and Natural
Resources Authority, the Ministry of Transport and Communications, the Department of Meteorology,
the Ministry of Local Government, the Ministry of Finance and Planning, the Ministry of National
Economy and the Ministry of Health among others.

Legislative decree No. 14 of 2014 on water


This legislative decree replaced the Water Law No. 3 of 2002. It deals with pollution and
contaminants, and defines its objective for the management and development of water resources in
Palestine: increasing its availability, improving its quality as well as preserving the source and
protecting it from pollution and leakage, while implementing the principles of integrated and
sustainable management of water resources (Article 2).
Article 8 sets out the powers of the Water Authority, including the development of appropriate
contingency plans and solutions for emergencies and crises; as well as to ensure uninterrupted
supply of water services to citizens in coordination with the service providers and other relevant
parties. Article 50 of this law also obliges the Water Authority to coordinate and cooperate with the
competent authorities involved in the preparation of crisis management in the case of drought, or
floods (droughts and floods are manifestations of climate change), epidemics transmitted through
water or public pollution25, regulating the use of industrial and agricultural resources that may
contaminate water sources or supplies, and participate in environmental impact assessment
committees for any water resources activity or supply system, and to prepare a list of the names of
contaminants that require a license, as well as providing compensation for damages caused by the
contaminants.
The Water Authority is required to supervise and inspect the water sources. Staff, appointed by the
Head of the Water Authority, have the power of the judicial authority to control crimes and offenses
prohibited by law (Articles 54, 55). The law calls for the formation of a council to regulate the water
sector. The Water Authority is obliged to stop the extraction or supply of water if it is contaminated
from either the source or the supply system. The Water Authority also has the power to close the
source or the system if the pollution continues and should notify relevant authorities in order to
address this issue and eliminate pollutants in an urgent manner (Article 51). The decree gives the
power to the Water Authority, in coordination with the competent authorities including the EQA, to
consider any area that contains a protected water source to be a protected zone if the quality or
quantity of water is at risk of pollution or depletion. The action above is also valid if the implementation
of the water policy requires identifying certain areas as protected zones. However, this decision
should be followed with a series of actions in order to ensure the availability of waste supply,
considering the available means and specific standards (system) that has yet to be issued by the
Council of Ministers (Article 52).
Article 53 obliges anyone who polluted any water source or supply system to remove the pollutant at
their expense. If they refuse or cannot do so, the Water Authority is required to remove the pollution
and conduct the cleaning at the expense of the offender after being notified in writing no matter how
much it costs, in accordance with the Public Funds Collection Act.

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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Amended Law No. 2 of 2003 on agriculture


This law addresses the basic concepts related to the protection of the environment such as natural
resources, agricultural wealth, forestry and trees, and their sustainable use. The law also addresses
desertification, which it defines as "the decline in the value of land uses due to climate change and
humanitarian activities."
The law (article 2) defines the Ministry's powers in a broad manner, including:
 the development of a sustainable agricultural development plan and programs;
 rational and optimal use of agricultural natural resources to ensure their sustainability;
 the preservation of animal and plant health;
 the control of animal, plant, epidemiological, infectious and common diseases;
 the organization, development and protection of agricultural research and applications;
development and protection of pastures and forests;
 management and protection of natural resources, wildlife and marine life; maintenance of
agricultural biodiversity, and desertification.
All of these activities are required to be undertaken in cooperation with all relevant organisations.
The law, which ensures the sustainable use of agricultural resources, calls for the formation of a
specialized agricultural council, an Agricultural Credit Bank (Article 3) and the establishment of a
farmers' compensation fund for natural disaster damage mostly associated with climate change. As
such, a decree was issued to create the risk prevention and agricultural insurance fund, legislative
decree No. 12 of 2013. Another decree was issued, decree No. (8) for the year 2015, regarding the
Palestinian Agricultural Credit Corporation.
The law requires the Ministry of Agriculture, in collaboration with the EQA, to issue instructions for the
regulation of logging and cutting of trees and forest plans, including those that are protected and
endangered. The Ministry of Agriculture is expected to determine the timeframes in which logging
may occur (Article 16). The Ministry is expected to take measures to prevent the dumping of
environmentally polluting waste, and the prohibition of encroachment on pastures (article 21)26.

Law No. 1 of 1999 on Natural Resources


This law calls for the establishment of the General Directorate of Natural Resources (which is
currently under the Ministry of National Economy) and defines its functions27. The law encourages the
exploration and use of natural resources after obtaining the necessary licenses from the public
administration, in coordination with the competent authorities. These exploration activities include
surveys, investigation, mineral extraction, processing and mining (Article 7).
Although Article 19 allows the Council of Ministers to prohibit research, prospecting or mining from
any mineral or natural source of particular importance to the national economy or public policy, the
law has failed to lay down the foundations and criteria for this. It does not clarify the link between the
exploitation of natural resources and the environmental impact it has on climate change. It also does
not mention the principle of efficient and equitable use of resources, thereby preserving environmental
balance.

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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Law No. (12) of 1995 on the establishment of the


Palestinian Energy Authority
The Energy Authority was established under this law to manage energy in all its forms (electricity, oil
and gas derivatives, renewable energy elements, etc.). Article 3 defines the functions of this authority
to be the following among others: research and development for all types of renewable energy (e.g.
solar, wind) and granting the necessary licenses for the generation and transmission of energy28.

Legislative decree No. 14 of 2015 on renewable energy


and energy efficiency
This decree contributes positively to reducing the effects of climate change by encouraging alternative
and clean energy sources. The decree, however, does not mention the link between climate change
and the reduction of greenhouse gases. The law defines renewable energy as: "alternative energy
derived from natural sources, which is sustainable, such as solar or wind energy and any other
natural resources adopted by the Energy Authority”
It has three main objectives (article 2):
1) Encourage the exploitation and development of renewable energy sources, by
o increasing the contribution of renewable energy to the energy total in the energy
balance, and
o achieving the objectives set out in the renewable energy strategy.
2) Energy efficiency by optimising energy usage in all the various sectors and contributing to
meeting the requirements of sustainable development and protecting and preserving the
environment.
3) Encourage local manufacturing in the use of highly energy efficient equipment and renewable
energy generating systems.
The decree requires all directly involved or legally responsible stakeholders from all sectors (private,
public and civil society) to implement these objectives (article 3) 29.
The decree grants the Energy and Natural Resources Authority comprehensive powers to be
exercised in cooperation with other jurisdictions (Article 4). It also specifies the terms of reference for
the Palestinian Centre for Energy and Environment Research (Article 8) and its relationship with other
competent authorities including the Energy Authority itself.30
The decree encourages the establishment of associations, committees, and trade unions which are
specialized in the field of energy generation and services sector in order to activate, develop and grow
investment in the renewable energy sector and improve energy efficiency in Palestine, in coordination
with the Energy Authority (Article 9). Local councils, the Engineers Syndicate and the Engineering
Offices are required to promote and integrate energy conservation and renewable energy practices
and their optimal use within design schemes (Article 17).

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.

Law No. (1) of 1997 on Local Authorities


Article 15 of this law grants the Council of a local authority broad regulatory powers in order to issue
executive local laws or regulations that are required to regulate the work of the local authority and
secure its interests and needs. The most relevant terms to this report are:
- Taking precautions against floods, fires, natural disasters and others (which are linked to
climate change).
- Taking precautions to cope with the risks of flood and flood hazards, to prevent fires, to
monitor fuel and flammable materials, and to take precautions to respond to natural disasters
and provide relief for those affected.
- Establishing and then monitoring centres for ambulances, hospitals, and other health
institutions in coordination with the competent governmental authorities
- Taking precautions and measures necessary to maintain public health and prevent outbreaks
of epidemics
- Developing the ability to plan towns, organize buildings and streets, build shelters, etc.

Legislative Decree No. (10) of 2011 on the Law of


Industry
Article 9 of this Decree grants the Minister of Economy the power to suspend the license of an
industrial enterprise, or its operating license in whole or in part, following the recommendation of: the
General Administration of Industry in the Ministry of Economy, Ministry of Health, Ministry of
Agriculture, local government, EQA or any other entity. It can only do so if these entities can prove
that the industrial enterprise is developing products that pose a threat to the health and safety of the
consumer or to the environment. Article 11 of this decree grants the Minister of Economy the power to
impose corrective measures on non-compliant enterprises, and the possibility to impose other punitive
measures that may lead to the revocation of the license.
Article 18 of the Decree states that a priority is given to award additional incentives, other than those
specified in the law for all industrial enterprises, that: protect the environment, apply alternative and
renewable energy in their activities, as well as enterprises that adopt and develop local technologies.
In order to ensure the appropriate application and oversight of the rules of this decree, Article 32 gives
judicial officers the right to investigate enterprises to ensure that they are complying with the
environmental laws.

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.

Deficiencies in the existing legal system


 The provisions of the Environmental Law have focused on the reduction of environmental
pollution (mitigating the causes of climate change). However, the Law lacks clear and direct
provisions that govern adaptation to climate change. Given the Palestinian situation, in
particular its limited contribution to environmental pollution and greenhouse gas emissions
compared to other countries (especially the industrial countries), adaptation remains one of
the most important axes that must be worked on at an organizational and legislative level,
while including the development of legislative policies that incentivise the mitigation and
reduction of the causes of climate change. Furthermore the current legislation fails to provide
and monitor financial allocations for GHG mitigation actions and actions to adapt to the
negative impacts of climate change, as well as the design of a clearly defined institutional
framework with specific functions, powers and responsibilities (as a central body) for multi-
jurisdictional coordination.
 The laws reviewed above, call for collaboration and coordination amongst all relevant parties
in order to enforce each of the relevant laws. Despite the significant importance of this
approach, existing legislative decrees lack clear standards and procedures that demonstrate
the nature and level of coordination and how it is to be implemented among the different
parties. In addition, the legislative decrees lack clear accountability procedures.
 Existing valid laws, including the Environment Act, do not call for the need to develop a
comprehensive national policy in order to mitigate and adapt to climate change across various
sectors, including energy, agriculture, water, forestry, land use, transport and coastal areas in
the Gaza Strip.
 Existing policies do not encourage national initiatives that aim to promote activities that focus
on climate change adaptation and mitigation. This includes the lack of involving unprivileged
and marginalised communities.
 Relevant laws do not require the provision of environmental impact studies of potential
activities and projects in order to evaluate their impacts on land use, forestry and water
quality, the potential to increase of greenhouse gas emissions and adaptation. However, the
Environmental Act makes it compulsory to all projects to carry out an environmental impact
assessment study.

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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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 Increasing public awareness by launching communication and education campaigns


as well as research and knowledge sharing and management projects.
 Raising awareness and providing training at both local and national levels. This
includes capacity development for staff working in the field, and students in
universities and schools.
 Increasing green spaces by encouraging the cultivation of forest trees in private and
public lands.

A legislative mechanism for the implementation of


recommendations
The legal advisor (author), does not envisage the incorporation of new climate change adaptation
and mitigation legislative decrees in to existing environmental laws. This is due to the absence of a
clear and distinct link for new potential decrees with the existing laws. In addition, it is recognised
that a new environmental decree cannot be introduced if there is no basis within the current
legislation.
This limitation can be addressed by following one of the following three methods:

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.

Pros and cons of proposed mechanisms


1. The first method is considered to be most appropriate due to its holistic approach. It is
also accurate and has a clear set of procedures. This is because special laws prevail
over general laws, and have priority in the implementation stage. Nevertheless, this is
a time-consuming and resource intensive approach since it requires the discussion of
any proposal with all of the relevant stakeholders. In addition, there is a need to
introduce policies to ensure its implementation and enforcement, as well as to
evaluate its various effects, including its financial cost.
2. The second method addresses the disadvantages of the first method. However, it
requires various amendments to be made and therefore it would affect different laws.
More importantly, this method suffers from the difficulty that it would be difficult to
implement using the proposed organisational structure. The question that arises is:
which laws can be amended to incorporate the new amendment?
3. The third method overcomes the challenges of the previous two methods. However, it
does not achieve all of the advantages of the first method. This method would
demonstrate that the Environment Act regulates the prevention stage of
environmental pollution by adopting an approach that takes into consideration climate
change. With regards to aspects that are not covered in the Environment Act, the law
refers these aspects to internationally agreed conventions. Therefore, future
amendments will complement aspects that are not covered in the Act and those that
are relevant to climate change mitigation and, in particular, adaptation. Moreover, the
amendment will include the addition of an organisational framework, approved by all
relevant stakeholders. This activity should also state the responsibilities, features and
organisational procedures to collaborate amongst the different stakeholders. This

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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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Annex: Environmental related legislation


Law Description Decree/section
Public Health Act  The prohibition of any work that has an effect on public 36 ،31
(20), 2004 health or the environment without a written approval from 45 ،40
the Ministry.
19 ،54
 Citizens are obliged to preserve the environment and all its
elements.
 The preparation of health and environmental awareness
and education programs.
 The Minister has the power to use any health institution in
emergency and disasters.
 The Act calls for the introduction of measures that ensure
the safety of wells, springs, valleys and coasts and protect
them against pollution and misuse.
 The contamination of any food product with a chemical,
biological or radiological contaminant makes it unsuitable
for consumption.
Legislative decree The Fund provides a definition of natural disasters and calls for the 2 ،1
(12) year 2013 with establishment of an independent fund that specializes in
regards to risk compensating the victims of natural disasters. The Fund has two
prevention and accounts: natural disasters and agricultural insurance. The Council
agricultural of Ministers is responsible to supervise the performance of this
insurance fund. fund and allocate annual operational and developmental budget,
as part of the state’s general budget.
Traffic Law (5) 2000  It is prohibited to register or renew the license of deceased 11 ،3 ،1
amendments vehicles, where it is no longer useable or the cost of the
damage is 75% of its value and cannot be repaired.
 Allocation of a maximum age limit for vehicles.
 Test the vehicle to ensure it meets Palestinian
specifications and standards.
legislative decree In the event of a natural or environmental disaster, all 64
(15) year 2009: the telecommunication services and networks to any operator or
Palestinian service provider should be submitted to authorities.
Committee for
communications
Law (30) 1998 It refers to the definition of natural disaster, disaster response and -
Civil defence ) emergencies.
Child Act (7) 2004 The State's duty to protect the lives of children in the event of an 7
emergency, a disaster and an armed conflict.
Punishment law Punish those who refuse to provide help and support in the event 381
(74) 1936 of a fire, flood, earthquake, or a general disaster.
Public procurement To authorize the government to carry out direct procurement 55 ،28
(8) 2014 activities in the case off natural disasters as well as appoint an
individual advisor directly to perform emergency or natural
disaster-related tasks.
Agricultural Law (2) The establishment of the Farmers' Compensation Fund for Natural 3
2003 Disasters.
legislative decree  Suspend the license of any industrial establishment if it 23 ،18 ،11 ،9
(10) produces products that are proven to pose a danger to the
2011: Industry law health and safety of public or to the environment.

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 Grant privileges to establishments that provide services in


the field of environmental protection and alternative and
renewable energy. In addition, this law covers monitoring
procedures on these establishments.
Measurements and  To provide health, economic and environmental protection 32 ،3
standards law (6) to consumers through the adoption of Palestinian
2000 specifications and standards and the issuance of
certificates for certified products.

 This Law calls for the protection of human, animal, plant,


environment and climatic or geographical conditions to be
considered main factors in approving certified products.
Urban and rural  To prevent construction in dangerous areas that have the 64 ،63 ،48
planning law (79) potential collapse or slip, or areas that are located in flood 14 ،43
1966 zones
 To remove dangerously deteriorated structures that
constitute a health problem.
 To prevent pollution and disposal of waste and sewage.
 To organise a topographic plan for the regulatory area and
indicate the current environmental status of the area (e.g.,
temperature, clouds, rain, wind and humidity).
legislative decree Applicants are required to be insured by the Risk and Agricultural 4
(8) 2015 the Insurance Fund.
Palestinian
Agricultural Credit
Institution
legislative decree To grant exemptions and incentives to recycling and refining 4
(2) 2011 Promoting projects for environmental purposes.
investment in
Palestine (number
1, year 1998)

legislative decree Consider providing investment incentives to projects that respond 2


(20) 2016 promoting to international environmental conditions, or provide alternative
investment in energy services.
Palestine (number 1 To authorize the Council of Ministers to grant additional incentives,
year 1998) not included in the law, to renewable and alternative energy
amendment technologies projects.
The Council of  To take into consideration all legislations that are related 64 ،2
Ministers Regulation to safety, public health and environmental protection.
(6 – 2011) planning Request special specifications and standards for public service
and building for buildings, including shelters.
local organisations
The Council of  Consider services, provided in the case of a natural Annex number
Ministers Regulation disaster or war, part of health services. (1)
(113 – 2004)
Governmental
Health Insurance
The Council of  To prohibit displacement of protected and endangered 12 ،3 ،1
Ministers Regulation trees and any other trees whose damage would damage
(384 – 2005) forests the good environment.
regulations  To prohibit of displacement of trees, shrubs and plants in
the forest, except with a license issued by the Ministry of

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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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Systems licensed to work in the case of an emergency.


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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B.2 Legislative Decree No. () of 2017 on the amendment of


the Environment Law No. 7 of 1999
Legislative Decree No. (………….) of 2017 on the amendment of the Environment Law No. 7 of
1999

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.

Issued in the city of Ramallah on: …../…../2017 (Gregorian date)


Corresponding to …../…../2017 (Lunar date)

Mahmoud Abbas
President of Palestine
Chairman of the Executive Committee of the Palestine Liberation Organization

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C Establishing Climate Finance Readiness and


steps to implement the UNFCCC
This appendix is the final report on climate finance readiness prepared by the climate finance expert
Emelia Holdaway at Ricardo Energy & Environment.

C.1 Climate Finance Report


1 Introduction
1.1 Project background
In order to access international climate change funds, national institutions require the capacity to
develop climate change project proposals which can be submitted to funders, as well as the capacity
to implement climate change projects. In case of seeking accreditation to any international climate
change funds in order to access those funds directly (i.e. without an international entity as an
intermediary between the country and the fund), then additional capacities will need to be
demonstrated such as financial and administrative management, monitoring and evaluation, project
management, gender mainstreaming and equity, and environmental and social management. This
can present challenges for developing countries seeking to finance their climate change action plans.
The project “Provision of services to implement the Capacity Development Action Plan on Climate
change “Phase #1” seeks to address these capacity requirements. The project is being delivered by
Ricardo Energy & Environment, in close collaboration with the Environment Quality Authority (EQA)
and the United National Development Program - Program of Assistance to the Palestinian People
(UNDP/PAPP). The objectives of the project are:
1. Improving the National Institutional Framework for Climate Change (NIFCC)
2. Amending the Environment Law of Palestine or drafting a proposal for Climate Change Law
3. Improving access to climate change funds through preparing a comprehensive report on
climate related financial readiness.
This is being carried out by desk studies, data collection and analysis, stakeholder consultation,
training workshops and on-the-job capacity building.
This report relates to the third objective above, to improve access to climate change funds through
preparing a comprehensive report on climate related financial readiness.
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, some of which are summarised in this report:
 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 (JI)
 Clean Development Mechanism (CDM).

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1.2 International climate finance landscape


While there is no internationally-agreed official definition for climate finance, ‘climate-specific finance’
in general refers to capital flows (funding) targeting low-carbon and climate-resilient development with
direct or indirect greenhouse gas mitigation or adaptation objectives/ outcomes.31
Figure 14 overleaf provides an overview of the international climate finance landscape, with UNFCCC
financial mechanisms highlighted in the red box.

31
CPI 2013, to be clarified

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Figure 14: Overview of international climate finance landscape

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Figure 2 below presents the global landscape of climate finance in 2015.

Figure 15: Global landscape of climate finance, 2015

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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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Figure 18: Total adaptation finance by sector (2014, in USD billion)

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.

1.3 National roles for climate finance


Most climate funds will have a National Designated Authority (NDA), focal point or equivalent located
within each country, as presented in Table 7 below.

Table 7: National institutions responsible for engagement with international funding institutions

National institution responsible for


Fund/Institution
coordination and/or endorsement
Green Climate Fund National Designated Authority (NDA)
Adaptation Fund Designated Authority
Clean Technology Centre and Network
National Designated Entity (NDE)
(CTCN)
Global Environment Facility (GEF) Operational Focal Point (OFP)

32
Source: WRI, 2012
33
Source: CPI, 2013

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2 Green Climate Fund


Table 8: Green Climate Fund
Fund To support a paradigm shift towards low-emission and climate-resilient development pathways
objectives
Location The Fund and its independent Secretariat is located in Songdo, South Korea. The GCF Board first met in August 2012 and approved its
first projects in Nov 2015

Contact Contact information available here: http://www.greenclimate.fund/contact-gcf


Address GCF is based in East Asia and use Korea Standard Time (KST), which is at UTC+9:00
Fund’s The World Bank is the Fund’s Interim Trustee with administrative competence to manage the financial assets of the Fund (accountable
Interim to the Board) - subject to review three years after operationalization of the fund.
Trustee
Board The board was established by 194 sovereign governments party to the UNFCCC 34.
Composition 1. Composition
9. The Board will have 24 members, composed of an equal number of members from developing and developed country Parties.
Representation from developing country Parties will include representatives of relevant United Nations regional groupings and
representatives from small island developing States (SIDS) and least developed countries (LDCs).
10. Each Board member will have an alternate member, with alternate members entitled to participate in the meetings of the Board only
through the principal member, without the right to vote, unless they are serving as the member. During the absence of the member
from all or part of a meeting of the Board, his or her alternate will serve as the member.
2. Selection of Board members
11. The members of the Board and their alternates will be selected by their respective constituency or regional group within a
constituency. Members of the Board will have the necessary experience and skills, notably in the areas of climate change and
development finance, with due consideration given to gender balance.
3. Term of membership
12. Members and alternate members will serve for a term of three years and be eligible to serve additional terms as determined by their
constituency

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’.

In addition, the GCF funds GCF preparedness activities, including:


– Support to National Designated Authorities (NDAs)/focal points and preparation of country programmes
– Support for accreditation and accredited direct access entities
– Support for pipeline development through Readiness and/or the Project Preparation Facility
– Knowledge-sharing and learning (events including regional workshops, and developing regional hubs and strengthening expertise
in regions to support countries)
The fund has a private sector facility which enables it to directly and indirectly finance private sector activities.
Eligibility All developing country Parties to the UNFCCC are eligible to receive resources from the GCF.
Project – Impact potential – potential of the programme/project to contribute to the achievement of the Fund’s objectives and result areas
selection – Paradigm shift potential – degree to which the proposed activity can catalyse impact beyond a one-off project or programme
criteria

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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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4. Agence Française de Developpement (AFD)


5. Agency for Agricultural Development of Morocco (ADA)
6. Asian Development Bank (ADB)
7. Banque Ouest Africaine de Développement (BOAD)
8. Caribbean Community Climate Change Centre (CCCCC)
9. Caribbean Development Bank (CDB)
10. Centre de Suivi Ecologique (CSE)
11. Conservation International Foundation (CI)
12. Corporación Andina de Fomento (CAF)
13. Crédit Agricole Corporate and Investment Bank (Crédit Agricole CIB)
14. Deutsche Bank AktienGesellschaft (Deutsche Bank AG)
15. Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH (GIZ)
16. Development Bank of Southern Africa (DBSA)
17. Environmental Investment Fund (EIF)
18. European Bank for Reconstruction and Development (EBRD)
19. European Investment Bank (EIB)
20. Food and Agriculture Organization of the United Nations (FAO)
21. HSBC Holdings plc and its subsidiaries (HSBC)
22. Inter-American Development Bank (IDB)
23. International Bank for Reconstruction and Development and International Development Association (World Bank)
24. International Finance Corporation (IFC)
25. International Fund for Agricultural Development (IFAD)
26. International Union for Conservation of Nature (IUCN)
27. Kreditanstalt für Wiederaufbau (KfW)
28. Ministry of Finance and Economic Cooperation of the Federal Democratic Republic of Ethiopia (MOFEC)
29. Ministry of Natural Resources of Rwanda (MINIRENA)
30. National Bank for Agriculture and Rural Development (NABARD)
31. National Environment Management Authority of Kenya (NEMA)
32. Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V. (FMO)
33. Peruvian Trust Fund for National Parks and Protected Areas (Profonanpe)
34. Secretariat of the Pacific Regional Environment Programme (SPREP)
35. South African National Biodiversity Institute (SANBI)
36. Unidad Para el Cambio Rural (Unit for Rural Change) of Argentina (UCAR)
37. United Nations Development Programme (UNDP)
38. United Nations Environment Programme (UNEP)
39. World Food Programme (WFP)

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40. World Meteorological Organization (WMO)


41. XacBank LLC (XacBank))

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

2. Direct access – access through national Accredited Entities

3. Enhanced access - currently under discussion

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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management and procurement


– Risk assessment and management (detailed)
– Results monitoring and reporting- logic framework for the project
– Annexes – no objection letter, feasibility study, project term sheet, map, timetable + (if applicable): integrated financial model, co-
financial confirmation letter, env and social impact assessment or management plan, evaluation report of the baseline project
Further Official website http://www.greenclimate.fund
information Templates for funding proposals and concept notes: http://www.greenclimate.fund/funding/proposal-approval/fine-print
Concept note user’s guide:
http://www.greenclimate.fund/documents/20182/239759/GCF_Concept_Note_User_s_Guide.pdf/64866eea-3437-4007-a0e4-
01b60e6e463b

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3 Other UNFCCC mechanisms


3.1 Non-market mechanisms
3.1.1 Clean Technology Centre and Network (CTCN)
CTCN The CTCN promotes the accelerated transfer of environmentally sound technologies for low carbon and climate resilient development
objectives at the request of developing countries. The fund provides technology solutions, capacity building and advice on policy, legal and
regulatory frameworks tailored to the needs of individual countries
Location The CTCN consists of two parts: a centre—a coordinating entity located in UN City Copenhagen—and a worldwide network of
organizations that delivers CTCN services—both virtually and actually. In short, the centre operates the network, and together they
constitute the CTCN.
Contact Contact information available here: https://www.ctc-n.org/contact
Address
Activities The CTCN delivers five main types of technical assistance on climate technologies:
supported – Technical assessments, including technical expertise and recommendations related to specific technology needs, identification of
technologies, technology barriers, technology efficiency, as well as piloting and deployment of technologies.
– Technical support for policy and planning documents, include strategies and policies, roadmaps and action plans, regulations and
legal measures
– Trainings
– Tools and methodologies
– Implementation plans
Eligibility Parties to the UNFCCC. (Palestine is eligible)
Project sizes Project sizes vary betweenUSD 20K and 250K; average project size is USD150-200K
Project Throughout the year on a rolling basis
application
process
Project Project prioritisation criteria (project specific and in no order):
selection – Promote endogenous and most appropriate technologies and processes
criteria
– Demonstrate project readiness and the potential for replication or scaling up nationally, regionally, and internationally
– Promote collaboration amongst and between stakeholders, including between countries, and having elements of South – South,

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bilateral, or multi-lateral cooperation


– Promote multi-country approaches and the regional bundling of requests
– Leverage public and/or private financing
– Promote and demonstrate multiple benefits, as well as social, economic, and environmental sustainability
– Promote and demonstrate gender equality, and empowerment of vulnerable groups, including women and youth
How to The CTCN provides technical assistance in response to requests submitted by developing countries via their nationally-selected focal
access the points, or National Designated Entities (NDEs). Upon receipt of such requests, the Centre quickly mobilizes its global Network of
fund climate technology experts to design and deliver a customized solution tailored to local needs.
EQA is Palestine’s NDE
Financial Technical assistance – note that the CTCN does not provide funding directly to countries; it supports the provision of technical
instruments assistance provided by experts on specific climate technology sectors. It may access GCF resources.
Further Official website: https://www.ctc-n.org
information Funding applications: https://www.ctc-n.org/technical-assistance/submit-request

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3.1.2 Adaptation Fund


Fund The Adaptation Fund (AF) finances projects and programmes that help vulnerable communities in developing countries adapt to
objectives climate change.
Location Washington DC, USA
Contact Adaptation Fund Board Secretariat
address c/o Global Environment Facility
Mail stop: N 7-700
1818 H Street NW
Washington DC 20433
USA
+1.202.458.7347 (v)
+1.202.522.3240 (f)
Activities The Adaptation Fund finances climate adaptation projects in 9 diverse sectors:
supported – Disaster Risk Reduction
– Food security
– Multi-Sector
– Agriculture
– Water Management
– Rural development
– Urban development
– Coastal Management
– Forests.
In addition, readiness grants are available:
– South-South (S-S) Cooperation Grants- small grants to facilitate South-South cooperation and enable select accredited
implementing entities to provide peer support for accreditation to countries that wish to gain accreditation with the Fund.
– Project Formulation Grants (PFGs) - available to accredited national implementing entities (NIEs) to build the capacity of NIEs in
project preparation and design. NIEs that are at the concept development stage of the Fund’s project cycle process have the option

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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/

3.1.3 Special Climate Change Fund (SCCF)


Fund Adaptation to climate change is the top priority of the SCCF, although it can also support technology transfer and its associated
objectives capacity building activities. The SCCF is intended to catalyse and leverage additional finance from bilateral and multilateral sources,
and is administered by the Global Environment Facility.
Location Washington, DC. USA
Contact Contact information available here: https://www.thegef.org/contact
address
Activities The SCCF has two active windows:
supported
– adaptation and
– transfer of technologies.
Its governing instrument also allows it to support:
– projects on energy, transport, industry, agriculture, forestry, and waste management; and
– activities to assist developing countries whose economies are highly dependent on income generated from the production,
processing, and export or on consumption of fossil fuels and associated energy-intensive products in diversifying their economies.
Project Preparation Grants (PPG) are also available.
Eligibility All Non-Annex 1 countries are eligible to apply, although the needs of the most vulnerable countries in Africa, Asia, and the Small
Island Developing States (SIDS) are to be prioritised (Palestine is eligible)
Project size – Full-sized Project: > US$2M
– Medium-sized Project: <= US$2M
– Enabling Activity: a project for the preparation of a plan, strategy or report to fulfil commitments under a Convention. < US$0.5M
– Program: longer-term, strategic arrangement of individual, interlinked projects. US$5 - $150M
– Small Grants Program (UNDP): <= $50,000)
Project Throughout the year on a rolling basis.
application

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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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3.1.4 Least Developed Countries Fund (LDCF)


Fund The Least Developed Countries Fund (LDCF) was established to support Least Developed Country Parties (LDCs) under the
objectives UNFCCC, with a focus on the preparation and implementation of national adaptation programmes of action (NAPAs).The LDCF
focuses on reducing the vulnerability of key sectors identified through the NAPA process, financing on-the-ground adaptation activities
that provide concrete results in support of vulnerable communities.
The fund is administered by the Global Environment Facility.
Location Washington, DC. USA
Contact Contact information available here: https://www.thegef.org/contact
address

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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– 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 websites: http://www.thegef.org/gef/ldcf, https://www.thegef.org/topics/least-developed-countries-fund-ldcf
information UNFCCC website: http://unfccc.int/cooperation_and_support/financial_mechanism/least_developed_country_fund/items/4723.php
Accessing Resources under the LDCF: https://www.thegef.org/sites/default/files/publications/23469_LDCF_1.pdf

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3.2 Market based mechanisms


3.2.1 Clean Development Mechanism (CDM)
Definition Clean Development Mechanism CDM allows emission-reduction projects in developing countries (non-Annex 1 countries35) to
earn certified emission reduction (CER) credits, which can be used by industrialized countries (Annex B Parties under the Kyoto
Protocol) to a meet a part of their emission reduction targets under the Kyoto Protocol
The mechanism stimulates sustainable development and emission reductions, while giving industrialized countries some flexibility
in how they meet their emission reduction or limitation targets.
Location Bonn, Germany
Contact Contact information available here: http://unfccc.int/secretariat/contact/items/2782.php
Address
Activities CDM projects have been undertaken across a broad range of sectors:
supported – Wind and hydropower (2000-2600 projects per sector so far)
– Biomass, methane avoidance, solar, landfill gas capture (400-750 projects per sector so far)
– Energy efficiency (industry), energy efficiency (own generation), energy efficiency (supply side), fossil fuel switch, coal
bed/mine methane capture, N20 (100-400 projects per sector so far)
– Energy efficiency (households), energy efficiency (service sector), reforestation, fugitive emissions, geothermal energy,
transport, cement, HFCs, energy distribution, mixed renewables, PFCs and SF6, CO2 usage, agriculture afforestation, tidal
energy (1-100 projects per sector so far).
Eligibility CDM projects can only be hosted by countries which have ratified the Kyoto Protocol. (Palestine will be eligible after accessing
KP and endorsement of Doha Amendment)
CDM project CDM project requirements can be summarised as below36:
requirements – The Party hosting the project has met the participation requirements;
– Stakeholders have been consulted with, with comments invited from local stakeholders, a summary of the comments
provided, and a report to the host Party provided on how the comments have been addressed
– The environmental impacts of the project have been considered, with an environmental impact assessment undertaken in
case impacts are considered significant by the host Party
– Emission reductions are additional to what would otherwise have occurred.

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

3.2.2 Joint implementation (JI)


Definition Joint Implementation (JI) allows countries (Annex B Parties under the Kyoto Protocol 38) to claim credit for emission reductions that
arise from projects in other industrialised countries (also Annex B Parties under the Kyoto Protocol), which result in a transfer of
equivalent emission reduction units (ERUs) between the countries. ERUs can be counted towards meeting industrialised
countries’ Kyoto target.
Location N/A
Contact Contact information available here: http://ji.unfccc.int/contact.html
address
Activities CDM projects have been undertaken across a broad range of sectors:
supported  Energy efficiency (industry), fugitive (100-200 projects per sector so far)
 Landfill gas capture, energy distribution, N20, wind (50-100 projects per sector so far)
 Biomass energy, energy efficiency (supply side), energy efficiency (service sector), energy efficiency (own
generation), energy efficiency (households), coal bed/mine methane, hydro power, fossil fuel switch, agriculture,
biogas, PFCs, geothermal, cement, HFCs, transport, afforestation and reforestation, solar, CO2 capture, avoided
deforestation, mixed renewables, tidal (1-50 projects per sector so far).
Eligibility Only Annex B Parties to the Kyoto Protocol can transfer or acquire ERUs39. (Palestine will be eligible after accessing KP and
endorsement of Doha Amendment)
JI project JI project requirements can be summarised as below40:
requirements
- Any such project has the approval of the Parties involved;
- Any such project provides a reduction in emissions by sources, or an enhancement of removals by sinks, that is additional
to any that would otherwise occur;

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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4 Private sector engagement


4.1 Who is the private sector?
The private sector includes sectors of the economy which are not controlled by the state (but
excluding NGOs). Private sector engagement is the involvement of the private sector in investing,
executing, or maintaining projects.
The private sector can be categorised by size/type organisation:
 households (e.g. as individual/retail investors)
 small- to medium-scale enterprises (e.g. SMEs)
 large-scale companies (heavy & light industry, as well as commercial sector)
 financial sector (banks, insurance companies, investors & funds).
The private sector can also be categorised by role in climate investment value chain:
 capital providers / investors (e.g. pension funds, fund managers, angel investors)
 market facilitators / financial intermediaries (e.g. brokers, banks (including the creation of
special purpose vehicles), under-writers)
 project developers / implementers / operators (e.g. solar energy project developer,
technology manufacturers).

4.2 Benefits of engaging with the private sector41


Firstly, the private sector can contribute to climate change financing requirements.
 anticipated demand of climate finance is greater than the funding available from the
governments of developed countries
 failures to invest sufficiently in mitigation, will see adaptation costs increase.

private sector expertise and experience can also improve current investments being
made.
Secondly, with the right incentives, the private sector can contribute to the achievement of mitigation
and adaptation objectives. For example, autonomous climate proofing by private sector entities.
Thirdly, the private sector can develop and provide adaptation or mitigation products or services such
as climate information services, agricultural services: e.g. climate-resistant seed varieties, irrigation
systems, insurance, water treatment products (e.g. desalination/purification) & wastewater reuse, and
climate-resilient building materials.

4.3 Barriers to climate change investment faced by the private


sector
Potential challenges and barriers that the private sector face include:
 higher up-front costs for green investments and lack of access to finance
 limited capacity/knowledge/awareness about available technologies and market
opportunities among key stakeholders and core actors in the investment value chain
 lack of proper local regulatory / policy framework, including uncertainty regarding tax
regime and longevity of any policy incentives
 investment returns are too low
 investment risk is perceived as too high, with low levels of investor confidence– includes
currency risk, operational risk, construction risk, policy risk (uncertainty of policy

41
Source: GIZ, Adelphi

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incentives), political risk especially in some developing countries, greater technology


risks.

4.4 Expectations of the private sector


As shown in Figure 7 below, to engage private sector entities, returns have to outweigh costs, based
on the individual set of investment criteria used by different provide sector actors.

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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4.5 Mechanisms for private sector engagement


There are various mechanisms that can be implemented to create markets with attractive risk-reward,
liquidity, scale and transparency to engage the private sector:
 Financing instruments
o soft loans - for upfront and ongoing project costs
o equity investment (e.g. public-private partnership, seed capital) – builds a
project’s/company’s capital base, allowing it to grow and access other finance
o de-risking instruments (e.g. policy risk insurance, government or donor-backed partial
guarantees) – help projects/companies to manage specific types of risk
o aggregation instruments - to increase the scale of investment opportunity and reduce
transaction costs.
 Support mechanisms
o policy and overarching support (e.g. grants/subsidies for climate-risk assessments or
energy-efficiency audits, feed-in tariffs, tax breaks for low-carbon/climate-resilient
technologies, technical expertise, removing fossil fuel subsidies) – to correct market
failures and create a foundation for low-carbon investment
o project-level assistance (e.g. technology accelerators, R&D grants, accelerated/simplified
permitting procedures) – transition projects from conception to demonstration to upscaling
 Information provision and capacity-building – e.g. best-practice information campaigns
tailored to the private sector (including financial sector) to promote climate technologies.
 Creating regulatory / legislative enabling environment.

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5 Preparation of funding proposals


5.1 Preparatory activities before writing a full funding proposal
The below list provides some general principles to be followed when preparing project proposals:
 Identify your priority project(s) to put forward for funding, ensuring the project is in line with
country strategies (climate change action plans including: NDC, NAP, Mitigation Plans,
National Policy Agenda, Sector’s Strategies,) :
o longlist potential project ideas
o prioritise project ideas, obtaining stakeholder buy-in from the relevant
agencies/ministries and other key stakeholders.
 Identify the scale of funding needed, and match your priority project against potential funding
sources
o identify what domestic fiscal support (or other funding) is likely for the project
o identify relevant bilateral and multilateral funders – including any existing funders with
which you already has a relationship, and the alignment of your project to the funder’s
project selection criteria
o assess the suitability and potential attractiveness of the project to the private sector;
can it generate a predictable revenue stream to cover costs and generate profit?
 If relevant to the fund, identify a partner or implementing entity accredited to the fund who is
willing to submit the concept note or funding proposal to the fund
 Consider preparing a project concept note, to test the funder’s interest before dedicating
more resources to writing a full funding proposal (which can take 6-18 months depending on
the project, e.g. including feasibility studies etc.).

5.2 Checklist for a successful funding proposal


 Double-check that your project idea is well-matched to the fund:
o Types of projects that the fund focuses on (sector, themes, geographies) and support
provided (finance, technical assistance, capacity building)
o Amount of funding available
o Timeframes over which the funds accept funding proposals – discrete funding windows
during the year or are proposals accepted on a rolling basis?
 Obtain and use the funding proposal template (usually available from most funds’ websites).
 Ensure your funding proposal clearly explains how the funder’s project selection criteria and
related requirements will be met (project selection and other criteria are usually available on
most fund’s websites.
 Identify what country-level sign-offs/approvals are needed for funding proposals, and engage
early with the relevant national institutions.

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C.2 Climate finance training needs assessment form


  Enhancing the capacities of the PA in mainstreaming environment and climate
change
Climate finance training needs assessment form
As part of this project, there was two one-day training workshops on climate finance. In order
to get the most out of the climate finance trainings, this short questionnaire asked target
stakeholders to indicate their priorities for the trainings. Ricardo Energy & Environment
created a bespoke training program, accommodating the priorities of stakeholders. Please
complete this questionnaire and send back to us on email katherine.shabb@ricardo.com by
19th November 2016.
Relevance
Relevance of the below topics to your
work? No Little Some
Very interested
interest interest interest

1. International climate finance


landscape
(a) Overview of bilateral and multilateral
funding sources
(b) Modalities for accessing
international finance
(c) International climate funds of most
interest (select up to two):
 Green Climate Fund
 Adaptation Fund
 Least Developed Countries Fund
 Special Climate Change Fund
 Clean Technology Centre and
Network
 Other (please specify):
 Other (please specify):
2. Green Climate Fund
(a) How to access the GCF
(b) Project approval process
(c) Accreditation to the GCF and
realities of being an Accredited
Entity
(d) GCF monitoring and evaluation
framework
(e) Funding proposal template
3. Developing a project pipeline and financing propositions
(a) How to develop and prioritise a
program of projects
(b) Assessing the relevance of public
and private funding sources for your

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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

4. Private sector engagement


(a) Different options for engaging the
private sector
(b) How to create attractive financing
propositions for the private sector
5. Which of the below focusses in most
relevant to your work?
(a) Role of mitigation in climate finance
(b) Role of adaptation in climate finance

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D GCF concept notes


D.1 EQA
EQA’s project is entitled “Developing climate change resilient communities, terrestrial ecosystems and
habitat connectivity in Palestine” and the accredited entity is the International Union for Conservation
of Nature (IUCN). The overall project objective is to enhance the resilience and capacity of vulnerable
local communities and natural ecosystems to respond and adapt to climate change’s adverse effects
while adopting the ecosystem-based adaptation approach. It aims to reduce emissions from forestry
and land use and to also increase the resilience of vulnerable communities and of ecosystem and
ecosystem services.

The project will run over seven years and consists of two complementary interventions:

- Intervention 1: Increase resilience of vulnerable local communities and ecosystems to climate


change via ecosystem based adaptation (management, restoration, and sustainable
livelihood) in the selected areas.
- Intervention 2: Strengthen the knowledge-base and national capacity building and public
awareness through mainstreaming climate change in the national and local planning, redraw
laws for environmental protection and conservation and develop mechanisms of
implementation.

See link below for the complete concept note.

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.

See link below for the complete concept note.

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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E Awareness Raising and Capacity Building


Workshops and Missions
E.1 First Mission
1) Mission Schedule

Dates What Participants Ricardo


Ricardo team to travel
Sunday 4th Dec Mahmoud and Emelia
to Ramallah
Preparation for CDP
Mon 5th Dec EQA Emelia, Mahmoud
workshops
Inception meeting with
Ministries for capacity All stakeholders for
Tues 6th Dec Emelia, Mahmoud
Development project capacity building project
overall
One-day climate EQA, UNDP, MoA, MoT,
Wed7th Dec Emelia, Mahmoud
finance workshop PWA, PEnRA
Wrap-up meeting with
Thurs 8th Dec EQA & UNDP Emelia, Mahmoud
EQA
Climate finance
Sunday 11th Dec MoA Emelia
working day with MoA
Climate finance
Mon 12th Dec PWA with MoA Emelia
working day with PWA
Climate finance
Tues 13th Dec working day with PEnRA Emelia
PEnRA
Climate finance
Wed 14th Dec MoT Emelia
working day with MoT
Climate finance
Thurs 15th Dec EQA Emelia
working day with EQA

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2) Inception meeting with stakeholders

Inception Meeting: First Awareness Raising Workshop


Provision of services to implement the Capacity Development Action Plan on Climate change “Phase
#1”
Tuesday 6 December, 2016
08:30–13.00
Red Crescent Society, Ramallah
AGENDA

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

11.15 – 12.15 Discussion


12.15 – 12.30 Next steps
Project Team

 12.30 – 12.40 Close


UNDP/EQA/Mahmoud Abu-Ebid

 12.40 Lunch

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3) One day-climate finance workshop with stakeholders

Climate Finance Workshop


Provision of services to implement the Capacity Development Action Plan on Climate change ‘Phase
#1’
Wednesday 7 December, 2016
08:30–13.00
EQA Offices, Ramallah
AGENDA
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 requirements for and current status on climate finance
Nedal Katbeh-Bader - EQA
09.45 – 10.00 Introduction to climate finance
Emelia Holdaway - Ricardo Energy & Environment
10.00 – 10.15 Introduction to key climate funds: Green Climate Fund
Emelia Holdaway- Ricardo Energy & Environment
10.15 – 10.30 Introduction to key climate funds: Adaptation Fund, Climate Technology
Centre and Network
Emelia Holdaway- Ricardo Energy & Environment
10.30 – 11.00 Break

11.00 – 11.15 Private sector engagement


Emelia Holdaway- Ricardo Energy & Environment
11.15 – 11.30 Key roles on climate finance at the national level
Emelia Holdaway- Ricardo Energy & Environment
11.30 – 11.45 Development of funding proposals
Emelia Holdaway- Ricardo Energy & Environment

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

 12.55 – 13.00 Next steps


Mahmoud Abu-Ebid – 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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E.2 Second Mission


1) Mission agenda
Dates What Participants Ricardo
Second working day
Sunday 19 Feb MOA Emelia
with MoA
Second working day
Mon 20 Feb PWA Emelia
with PWA
Second working day
Tue 21 Feb PENRA Emelia
with PENRA
Second working day
Wed 22 Feb MOT Emelia
with MoT
Second working day
Thurs 23 Feb EQA Emelia
with EQA
EQA/Ricardo
Sunday 26 Feb Emelia, Mahmoud
preparation day
EQA, UNDP, MoA, MoT,
Mon 27 Feb High Level Workshop Mahmoud, Emelia
PWA, PEnRA
Gaza workshop climate UNPD, EQA, Stakeholders
Tues 28 Feb Emelia, Mahmoud
finance in Gaza

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2) High level workshop


High Level Meeting on Climate Change
Monday 27 February, 2017
11:00–13.30
Movenpick Hotel, Ramallah
AGENDA
Time Session
10.30-11.00 Registration

11.00 -11.30 Welcome and Keynote speakers


UNDP / EQA to invite as appropriate
Representative from the Belgian Government

11.30 – 12.00 Project Overview


Eng. Hala Othman - UNDP
Eng. Nedal Katbeh- Bader

12.00 – 13.15 Project Review and Outcomes


Dr Mahmoud Abu Ebid - Ricardo Energy & Environment
 Proposed Institutional Arrangements for the National Institutional
Framework for Climate Change (NIFCC)
o Dr Mohammed Abu Zayad – Institutional Expert
 Review of National Climate Change Legal and Regulatory Framework
o Dr Mahmoud Dodeen – Legal Expert
 Development of Concept Papers for Climate Finance
o Ms Emelia Holdaway – Ricardo Energy & Environment

 13.15 – Discussion and Closing remarks


13.30
EQA/UNDP/Ricardo Energy & Environment

 13.30 Lunch

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3) 2ndClimate finance working days – an invitation was sent to each ministry.


The agenda of the working day is located in the invitation.

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F Awareness Raising in Gaza - Workshops


F.1 Gaze videoconference 1 – awareness raising
Gaza Videoconference Workshop 1
Provision of services to implement the Capacity Development Action Plan on
Climate change “Phase #1”
Thursday 16 February, 2017
9:45–13.00
Roots Hotel, Gaza
AGENDA

Time Session
9:45 – 10:15 Registration

10:15 – 10:40 Welcome &Project Overview


Hala othman – UNDP & Mahmoud Abu-Ebid – Ricardo Energy & Environment
10.40– 11.40 Palestine’s achievements: INCR, NAP, NDC, Capacity Building
Mahmoud Abu-Ebid and others - Ricardo
11.40- 12.10 Local impact of climate change
Sadiq Abdelall – Islamic University of Gaza, Climate Change expert

 12.10 - 12.30 Close


UNDP/EQA/Mahmoud Abu-Ebid

 Lunch

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F.2 Gaza videoconference 2 – climate finance


Gaza Videoconference Workshop 2

Climate Finance Workshop


Provision of services to implement the Capacity Development Action Plan on
Climate change ‘Phase #1’
Tuesday 28 February, 2017
08:30–12.30
Roots Hotel, Gaza
Palestinian Red Cross Society, Ramallah
AGENDA

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

09.45 – 10.00 Introduction to climate finance


Emelia Holdaway - Ricardo Energy & Environment
10.00 – 10.15 Introduction to key climate funds: Green Climate Fund
Emelia Holdaway- Ricardo Energy & Environment
10.15 – 10.30 Introduction to key climate funds: Climate Technology Centre and Network,
Adaptation Fund, Special Climate Change Fund
Emelia Holdaway- Ricardo Energy & Environment
10.30 – 11.00 Break

11.00 – 11.15 Private sector engagement


Emelia Holdaway- Ricardo Energy & Environment
11.15 – 11.30 Key roles on climate finance at the national level
Emelia Holdaway- Ricardo Energy & Environment
11.30 – 11.45 Development of funding proposals
Emelia Holdaway- Ricardo Energy & Environment
11.45 – 12.30 Requirements for GCF concept notes and funding proposals
Emelia Holdaway- Ricardo Energy & Environment

 12.30 Close

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EQA/ UNDP

 Lunch

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G Legal workshop provided by local consultant


Multilateral environmental agreements and proposed amendments to the
Palestinian environment law.
Location: Environment Quality Authority (EQA)
Time: 10:00- 13:00.
No. of participants: 18 (legal advisors of Palestinian ministries and public
institution)
Agenda

Time Session
08.30 – 09:00 Registration

09.00 – 09.10 Welcome


Opening speech: HE Adalah Attireh, president of the EQA

09.10 – 09:30 Presentation of the legal and regulatory review


09.30 - 09.45 Presentation the proposed amendments to the environment law of 1999.

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

This workshop was conducted by Dr Mahmood Dodeen.

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