E105770 - CTS 2024/8

Agreement between the United Nations as represented by the United Nations Environment Programme and the Government of Canada regarding the Fourth Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment (INC-4)

WHEREAS THE UNITED NATIONS ENVIRONMENT PROGRAMME (“UNEP”) has accepted the invitation of THE GOVERNMENT OF CANADA (the “Government”) to hold the Fourth Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution Including in the Marine Environment (the “Meeting”).

THEREFORE, UNEP and the Government (collectively the “Parties”) have agreed as follows:

ARTICLE 1

Date and place of the Meeting

The meeting shall be held in Ottawa, Ontario, Canada from 23 to 30 April 2024, with regional preparatory consultations held on 21 April 2024 in connection with the Meeting (the “Relevant Period”).

ARTICLE 2

Attendance at the Meeting

1. The participants of the Meeting (the “Participants”) shall be invited by the Executive Director of UNEP, and shall include:
   1. (a) Representatives of foreign states, including representatives of Member States of the United Nations and of its specialized agencies and related organizations;
   2. (b) Representatives of the United Nations, its intergovernmental organs, and its specialized agencies and related organizations;
   3. (c) Officials of the United Nations;
   4. (d) Experts on mission for the United Nations;
   5. (e) Representatives of selected non-governmental organizations and intergovernmental organizations other than the United Nations; and
   6. (f) Other persons and/or organizations invited by UNEP, including but not limited to those who have a standing invitation from UNEP to participate in conferences as observers.
2. In addition, the Executive Director of UNEP, in consultation with the Secretary‑General of the United Nations, shall designate officials to service the Meeting (“UNEP Designated Officials”).
3. The public sessions of the Meeting shall be open to representatives of information media accredited by the United Nations at its discretion.

ARTICLE 3

Premises, equipment, utilities and supplies

1. The Government shall provide, at its own expense, the necessary premises, including conference rooms, office space, and related facilities as specified in supplemental arrangements to be concluded pursuant to this Agreement (the “Premises”). The Government shall, at its own expense, furnish, equip and maintain in good repair the Premises for the effective conduct of the Meeting. The conference rooms shall be equipped with WIFI, and for reciprocal simultaneous interpretation between the six (6) official languages of the United Nations. The conference rooms shall have facilities for sound recording in that number of languages as well as facilities for press, television, radio and film operations, to the extent required by the United Nations. The Premises shall remain at the disposal and control of the United Nations 24 hours a day as of 7 a.m. EDT on 21 April 2024 and for the duration of the Relevant Period.
2. The Government shall provide appropriate eating facilities for the use of Participants on a commercial basis.
3. For the Relevant Period of the Meeting, the Premises shall be inviolable in the sense of Article II, Section 3 of the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations on 13 February 1946 (the “Convention”), and access thereto shall be under UNEP’s authority and control. The archives of the UNEP, and in general all documents belonging to it or held by it, shall be inviolable.
4. The Government shall bear the cost of all necessary utility services, including local telephone communications, of the secretariat of the Meeting and its communications by internet, telephone or telex with UNEP Headquarters.
5. The Canadian authorities will not enter the Premises to perform official duties except with the consent of and under the conditions approved by UNEP. In case of:
   1. (a) fire emergency;
   2. (b) preservation of a life situation; or
   3. (c) other emergency requiring prompt protection action;
      
      the consent of the UNEP designated official shall be presumed if he or she cannot be reached in time.
      
      
6. The provisions on the inviolability of the Premises shall not prevent the reasonable application of fire and safety regulations.

ARTICLE 4

Accommodation

The Government shall offer information on adequate accommodations in hotels at a reasonable proximity to the Premises and seek to obtain reasonable commercial rates for UNEP to make available to Participants.

ARTICLE 5

Medical facilities

The Government shall provide, within the Premises, medical facilities for emergency first aid appropriate for the number of Participants and UNEP Designated Officials. The Government shall make all efforts to ensure prompt evacuation to a medical centre, such as a hospital, for appropriate treatment, when required, in case of serious emergencies.

ARTICLE 6

Transport

The Government shall provide information on the availability of transport for all Participants between the airport, the principal hotels and the Meeting area, as well as information on the location of medical centres and emergency numbers for UNEP to make available to all Participants.

ARTICLE 7

Police protection

1. The Government shall provide at its own expense such police protection as may be required to ensure the protection of the Premises and the Participants and the effective functioning of the Meeting. The Government shall identify to UNEP the police force that shall be primarily responsible to ensure security for the proper functioning of the Meeting.
2. The police force with primary responsibility, as described in paragraph 1 of this Article, shall appoint a senior official to supervise the provision of police protection and, to ensure arrangements are made to provide such police protection satisfying the United Nations Enhanced Minimum Operating Security Standards as applicable to Canada and the Premises. This senior official shall work in close cooperation with a designated official of UNEP for the protection of the Premises.
3. The Parties shall conclude supplemental arrangements pursuant to this Agreement covering police protection and other security issues, as required.

ARTICLE 8

Local personnel

1. The Government shall appoint a liaison officer who shall be responsible, in consultation with UNEP, for making and carrying out the administrative, communications, personnel and logistical arrangements for the Meeting and related events as required under this Agreement. The liaison officer shall lead a coordination team consisting of personnel provided by the Government that shall work closely with UNEP Designated Officials.
2. The Government, at its own expense, shall provide local support personnel necessary for the effective functioning of the Meeting, that shall be placed under the supervision of the UNEP Designated Officials. The exact requirements in this respect shall be stipulated in the supplemental arrangements referred to in Article 3, paragraph 1, of this Agreement. Some of these personnel shall be available at least two (2) days before the opening of the Meeting and until one (1) day after its conclusion, as required by UNEP.

ARTICLE 9

Financial arrangements

1. The Government, in addition to the financial obligations provided for elsewhere in this Agreement, shall, in accordance with General Assembly Resolution 31/140, section I, paragraph 5, bear the actual additional costs directly or indirectly involved in holding the Meeting in Canada rather than at Nairobi, which are provisionally estimated at USD $1,800,000. The costs shall include, but not be restricted to, the actual additional costs of travel and applicable entitlements of United Nations personnel (including UNEP Designated Officials), for the Meeting and for a planning mission. UNEP shall make the arrangements for the travel of United Nations personnel (including UNEP Designated Officials) in accordance with the UN Staff Regulations and Rules and its related administrative practices regarding travel standards, baggage allowances, subsistence payments and terminal expenses.
2. In anticipation of the Meeting, the Government provided to UNEP a contribution of CAD $4,000,000 (USD $2,884,484) representing more than the total estimated costs set out at paragraph 1 of this Article, pursuant to the Contribution Arrangement (Project Number: GCXE23I025) between the Department of the Environment of Canada and UNEP, as amended. UNEP received the Government contribution in full in the financial year 2023, which shall be used to pay the financial obligations of UNEP in respect of the Meeting, as set out in this Agreement. Any remaining balance shall be used by UNEP to cover the costs associated with travel and subsistence payments of eligible Meeting Participants.
3. UNEP’s reporting requirements in relation to the sums received under paragraph 2 of this Article are regulated by section 8 of the Contribution Arrangement referred to in Article 9, paragraph 2, of this Agreement.
4. The final accounts shall be subject to audit as provided in the Financial Regulations and Rules of the United Nations, and the final adjustment of accounts shall be subject to any observations which may arise from the audit carried out by the United Nations Board of Auditors, whose determination shall be accepted as final by UNEP and the Government.

ARTICLE 10

Liability

1. The Government shall be responsible for dealing with any action, claim or other demand against UNEP, the United Nations or their officials with respect to the Meeting arising out of:
   1. (a) Injury to persons, or damage to or loss of property, in the Premises referred to in Article 3 of this Agreement that are provided by, or are under the control of, the Government;
   2. (b) Injury to persons, or damage to or loss of property, caused by, or incurred in using, the transport services referred to in Article 6 of this Agreement that are provided by, or are under the control of, the Government; or
   3. (c) The employment for the Meeting of the personnel provided or arranged by the Government under Article 8 of this Agreement.
2. The Government shall indemnify and hold harmless UNEP, the United Nations and their officials in respect of any action, claim or other demand referred to in paragraph 1 of this Article, except where it is agreed by UNEP, the United Nations and the Government that the claim or liability arises from the gross negligence or willful misconduct on the part of the personnel of UNEP or the officials of the United Nations.

ARTICLE 11

Privileges and immunities

1. During the Relevant Period, while exercising their functions and during the journey to and from the Meeting:
   1. (a) Representatives of foreign states that participate in the Meeting shall have in Canada, to the extent required for the exercise of their functions in relation to the Meeting, the privileges and immunities set out in Article IV of the Convention;
   2. (b) Representatives of Members of the United Nations shall have in Canada, to the extent required for the exercise of their functions in relation to the Meeting, the privileges and immunities set out in Article IV of the Convention;
   3. (c) Representatives of Members of the specialized agencies or related organizations of the United Nations shall have in Canada, to the extent required for the exercise of their functions in relation to the Meeting, the privileges and immunities set out in Article IV of the Convention;
   4. (d) Officials of the United Nations, to the extent required for the exercise of their functions in relation to the Meeting, shall have in Canada the privileges and immunities set out in Article V of the Convention;
   5. (e) Officials of specialized agencies or related organizations of the United Nations shall have in Canada, to the extent required for the exercise of their functions in relation to the Meeting, the privileges and immunities set out in Article V, Sections 18 (a), (c) and (d) of the Convention;
   6. (f) Experts (other than officials) performing missions for the United Nations and its specialized agencies or related organizations, shall have in Canada, to the extent required for the exercise of their functions in relation to the Meeting, the privileges and immunities set out in Article VI of the Convention.
2. Without prejudice to the provisions of the preceding paragraphs, all Participants and persons performing functions shall enjoy all the conditions necessary to exercise their functions independently and without hindrance for the duration of the Meeting.

ARTICLE 12

Visa/Travel Authorization Facilitation

1. The Government shall facilitate and impose no impediment to the entry to and exit from Canada of all Participants of the Meeting, understanding that the procedures established under Canadian domestic law shall apply. The Government shall make all reasonable efforts to provide visas and entry permits, where required, free of charge and as speedily as possible, in advance of the Meeting. Following fulfilment by the Participants of the applicable requirements and procedures, visas for applications submitted at least eight weeks in advance of the Meeting shall be issued no later than two weeks in advance thereof. For applications submitted later, visas shall be issued as soon as possible.
2. The Government shall appoint an official who will act as liaison officer to UNEP to facilitate arrangements for visas. The UNEP shall instruct Participants to apply for visas early and shall provide the Government with a list, on a continuous basis, of all UNEP-appointed guests and officials requiring a visa to enter Canada.

ARTICLE 13

Import and export

1. In accordance with Article II, Section 7 of the Convention, the United Nations, its assets and other property shall be:
   1. (a) exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported to or exported from Canada by the United Nations for its official use in connection with the Meeting. It is understood, however, that articles imported under this exemption will not be sold in Canada except under conditions agreed with the Government;
   2. (b) exempt from customs duties and prohibitions and restrictions on imports to and exports from Canada in respect of its publications.
2. Representatives of information media accredited to the Meeting shall be able to temporarily import to and subsequently export from Canada, free from customs duties, their technical equipment required for the Meeting, understanding that procedures under Canadian domestic law shall apply.
3. All Participants of the Meeting, shall be able to take out of Canada at the time of their departure any unexpended portions of the funds they brought into Canada in connection with the Meeting, understanding that procedures established under domestic law shall apply.

ARTICLE 14

Settlement of disputes

Any dispute concerning the interpretation or the application of this Agreement, except for a dispute subject to Section 30 of the Convention, shall, unless the Parties otherwise jointly decide, be resolved by negotiations.

ARTICLE 15

Final provisions

1. This Agreement may be amended by written agreement of the Parties. A Party shall give full and sympathetic consideration to any proposal advanced by the other Party under this paragraph.
2. This Agreement enters into force immediately upon signature of the Parties, and remains effective until all obligations under the Agreement are fulfilled.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Parties, have signed this Agreement.

DONE at Nairobi, on this 4^th day of April 2024, in duplicate, in the English and French languages, both versions being equally authentic.

Christopher Thornley

FOR THE GOVERNMENT
OF CANADA

Inger Andersen

FOR THE UNITED NATIONS ENVIRONMENT PROGRAMME