ESTABLISHMENT OF LEGAL AND INSTITUTIONAL FRAMEWORK

1. Second SSA Regional Workshop on“Capacity Development for the Clean Development Mechanism”Organized by: Energy Research Centre (ERC), South Africa and ENDA-TM, SenegalWith Support of: Ministry for Coordination of Environmental Affairs (MICOA), MozambiqueSponsored By: UNEP Risø Centre, Denmark16-18th August 2004 ESTABLISHMENT OF LEGAL AND INSTITUTIONAL FRAMEWORK TEAM OF CÔTE D’IVOIRE By Rachel BOTI Engineer in Agronomy Specialized in Sciences of Soil CDM Focal Point

2. INTRODUCTION • As a contribution to the international effort to lessen the “global warming”, Côte d’Ivoire has sought to participate in the UNEP project for CD4CDM. In this perspective, the second phase of the CD4CDM project in Côte d’Ivoire executed both by “IREN-MDP” and the SEED- Center started effectively in September 2003 with workshops of training. • A significant delay has been registered in the transfer of the funds to IREN-MDP and therefore to ANDE. The focal point received its funds only in June 2004. Hence the IREN team had hardly two months (May-June) to implement its TOR. • Although the sociopolitical crisis has hampered the government activities, CI DNA didn’t give up and went on working on the project.

3. - Administrates the CDM - Approves the national CDM projects and delivers an approval letter to the accepted proposals in the name of the DNA - Promotes the CDM. ME ME&F MEF MME MP Focal Point UNFCCC BNETD CCI UFR/SGE IREN FONGED Supervisory Board (SB) Authority of decision-making – CDM Administration ANDE (Focal Point) DPSE CEPICI Expert CDM Secretariat Spokesman - Projects reception office Engineering department, Public and Privates, Research centres ME, MEF MA, MME ME&F, MT MI, MAE BNETD, ANDE BEIE, SIIC CIAPOL ANARE BSEE, CEPICI  CCI, OFP/GEF UIR, ONG  CODINORM - Evaluates projects submitted to the AN – MDP. - Makes a deep evaluation of the CDM project proposals - Writes the report of consultation and EIA that is sent to the secretariat for recommendation Panel of Technical Advisors (PTA) Group Ad Hoc designated - Submits the preselected projects to members of the PTA for evaluation - communicates the result of the checking to the supervisory Board for approval The DNA (AN-MDP) configuration MEMBERS ROLES

4. DNA ESTABLISHMENT • Planned activities • Establishment of the DNA through the decree establishing the DNA. • DNA capacity reinforcement plan (Strengthen DNA capacity to evaluate and approve proposed CDM projects and this, through the development of training kits) • Establishment of the operational Guidebook for the DNA. The guidebook will provide to the DNA members an efficient use, and pave the way for a cost-effective implementation of the CD4CDM project, to ensure a sound comprehension by all participants of the guidelines before discussion and validation • Development of National criteria for Sustainable development • Establishment of a CDM projects portfolio • Hiring of a CDM expert.

5. Percentage of task completed against planned activities % Completion = 50%

6. Factors for success of implementation of CD4CDM project • Country stability • Human resources: Available • Clarification of DNA members roles, i.e who does what ? To avoid conflicts among members • Sufficient financing: Lack of additional financial resource for the operation of the DNA constitutes a problem. Budget limited since we had to address a request to the Riso for the recruitment of consultants for the establishment of Sustainable criteria for development. So far, we haven’t received any reply yet. • Materials- equipments: Limited, The purchase of a Video projector is still in standby despite our request towards the Riso.

7. Specific barriers to effective implementation and possible options for addressing it §   Inadequacy of the structure of DNA: • The proposed structure does not include a formal role for the UNFCCC Focal Point and the Ministry in charge of economy and finance. • The CDM expert is not yet nominated. The DNA’s secretary and the Follow-Up committee are working only with IREN experts. • Option 1: Alter DNA’s organization Chart to formally include the UNFCCC focal Point in the DNA secretariat and the Ministry in charge of economy and finance in the supervision board. • Option 2: The CDM expert’s nomination is still pending on the DNA establishment decree.

8. § Absence of legal and regulatory framework for the functioning of the AN-MDP • The government has not approved yet the organisation and the functioning of the AN-MDP. • Option 1: ANDE was committed to have the AN-MDP established as soon as possible. • Option 2:  An operational guidebook has been developed by IREN and validated at a national consultative workshop and should be used by the AN-MDP prior to the nomination decree.

9. SEED-Center’s contract • Dr J. Moulot resigned from the CD4CDM project in Côte d’Ivoire as a result of his new position at UNECA in Addis-Ababa. • Option: During the mission of ENDA in Côte d’Ivoire (17-19 may 2004), the national team and ENDA agreed that ENDA initiate actions towards UCCEE for appropriate measures to be taken in favor of the unification of the technical support to the AN-MDP.

10. §Financial resource for the DNA • A small amount of money is made available to the DNA by the CDM project. Lack of additional financial resource for the operation of the DNA constitutes a problem. For this year the funds allocated to the focal point has only been received in June 2004. • Option 1:  The Nomination Decree to be taken by the government must also determine the financial resource for the DNA and the procedures to manage the funds (budget, fees to be paid for project approval, financial mechanism within the DNA, etc.) • Option 2:  IREN is committed to evaluate the functioning cost of the DNA.

11. §Need for updated information on the CDM • CDM is a continuing process. Therefore, DNA needs regular up-to-date information on CDM project cycle, Operational Entities, Executive Board, new approved baseline methodologies, etc.. For this purpose, IREN is editing a newsletter and designing a web site for the DNA. • Option 1: To organise regular training sessions by IREN and facilitate access of the DNA’s members to electronic bulletin board available on the Internet (international and DNA web sites) and paper format bulletin regularly distributed by IREN. • Option 2: To develop a list serve for DNA members and all stakeholders.

12. §Lack of national sustainable development criteria • These are needed for project evaluation and approval. An overview developed by IREN is presented in the Operational guidelines validated on May 27th 2004. • However, these should be reinforced and validated at a national workshop. • Option 1: To create a national Committee for Sustainable Development. • Option 2: To develop national sustainable development criteria pertinent for CDM with the participation of all stakeholders under the leadership of the Ministry of the Environment, the technical assistance of ANDE, IREN, UFR-SGE and other national experts. • Option 3: To make a specific budget request to UCCEE RISO by ANDE.

13. §   Lack of communication between the Riso and the country team • Referring to all the messages forwarded and the absence of feedback. This has hampered the implementation of most activities • A request was made by ANDE for seminar presentationequipment. These equipments are: A laptop computer fully functional with Power Point software, one video Projector, and one foldable projection screen. The equipment is indeed useful for the training of the DNA and various presentations to be made throughout this project and beyond. Therefore, we support this request as pertinent.

14. Activities for the next six months • Designation of the CDM expert among the secretary members • Establishment of National Criteria for sustainable Development • Development of a CDM projects portfolio • The training of all stakeholders

15. CONCLUSION • Although the DNA has not been established yet in an offiicial way, the team of Côte d’Ivoire has never given up and still goes on implementing all its due activities. • The team is aware that the matter of ratification of the Kyoto Protocol is more than ever a question of time.