1. The Trust Fund for Administering and Meeting the Objectives of the Framework Convention on the Protection and Sustainable Development of the Carpathians and related Protocols (hereinafter referred to as the Carpathian Convention and related protocols) including the functioning of the Secretariat (hereinafter referred to as the Trust Fund) is established for an initial period of three years, to provide financial support for the implementation of the Program of Work (POW) of the Convention and the functioning of the Secretariat.
2. The administration of the Trust Fund shall be entrusted to the Secretary-General of the United Nations and, at his discretion to the Executive Director of UNEP under the relevant financial rules and regulations of the United Nations as well as the general procedures governing the operations of the Fund of UNEP, taking into account the Financial Rules for the administration of the Trust Fund of the Carpathian Convention and related protocols, adopted at the first Meeting of the Conference of Parties. The Executive Director can delegate the administration of the Trust Fund to the Head of the Secretariat of the Carpathian Convention and related protocols.
3. The Trust Fund shall be used for funding the implementation of the Program of Work (POW) of the Convention and the functioning of its Secretariat; its budget will be composed of two sections to cover the expenditures under the following categories:
Section I: Assessed contributions for Administering and Meeting the Objectives of the Convention and related Protocols, including the functioning of the Secretariat.
Section II: (Additional) voluntary contributions for Administering and Meeting the Objectives of the Convention and related Protocols, including the functioning of the Secretariat.
4. The appropriation of section I shall be composed of:
(Assessed) Annual contributions from the Contracting Parties.
5. The appropriation of section II shall be composed of:
Additional voluntary contributions from the Contracting Parties
Contributions from Governments which are not Contracting Parties, governmental, intergovernmental and non-governmental organizations and programs, and the private sector.
6. The (assessed) annual contributions from the Contracting Parties for Administering and Meeting the Objectives of the Convention and related Protocols, including the functioning of the Secretariat will for each of the Contracting Parties consist of a share of the budget for Section I of the Trust Fund, to be determined by the Conference of the Parties (COP); the contributions shall be due on 1 January of each calendar year.
7. Voluntary (additional) contributions for Administering and Meeting the Objectives of the Convention and related Protocols, including the functioning of the Secretariat may be pledged and made at any time. They shall be used in accordance with the terms and conditions agreed between the Head of the Secretariat and the respective contributor.
8. The financial period shall be for three calendar years beginning 1 January of the first year and ending 31 December of the third calendar year.
9. The budget estimates, covering the income and expenditures for the financial period to which they relate, prepared in US dollars, shall be submitted to and approved by the Conference of the Parties to the Carpathian Convention and related protocols.
10. The estimates for each of the calendar years covered by the financial period shall be divided into sections and chapters as shown in the appendix to this terms of reference, shall be specified according to budget lines, shall include references to the program of work to which they relate, and shall be accompanied by any further information as the Executive Director of UNEP may deem useful and advisable.
11. The Head of the Secretariat may commit resources against the Trust Fund only if such commitments are covered by contributions already received. In the event that the Executive Director anticipates that there might be a shortfall in resources over the financial period as a whole, he shall notify the Head of Secretariat, who shall adjust the budget so that expenditures are at all times fully covered by contributions received.
12. The Executive Director of UNEP on the advice of the Head of the Secretariat may make transfers from one section/budget line to another. At the end of the first calendar year of a financial period, the Executive Director may proceed to transfer any uncommitted balance of appropriations, to the same section in the second calendar year.
13. It is for the Conference of the Parties and UNEP to agree on an administrative support charge to be paid to UNEP3.
14. At the end of each calendar year, the Executive Director of UNEP shall submit to the Contracting Parties, through the Head of the Secretariat, the certified accounts for that year. At the close of the financial period, he shall submit to them the audited accounts for the financial period.
15. The Trust Fund shall be subjected to external auditing, as decided by the COP and in accordance with the rules and regulations of the United Nations.
16. The Executive Director of UNEP shall prepare a report on the budget implementation and submit it to the Contracting Parties at least 6 weeks before the date of each ordinary meeting of the COP.
17. In the event that the COP decides to terminate the Trust Fund, a notification to that effect shall be presented to UNEP at least six months before the date of termination selected by the COP. The COP shall decide, in consultation with UNEP, on the distribution of any unspent balance after all liquidation expenses have been met.
These terms of reference shall be effective from the date of their approval by the Contracting Parties.
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