Procedures for appeals in accordance with the CMP requests in paragraphs 42-43 of Decision 2/CMP.5

CDM Watch, Earthjustice and Transparency International respectfully submit these comments in response to a call for public input by the Clean Development Mechanism (“CDM”) Executive Board (“EB”) on a proposed appeals procedure.

The Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol (“CMP”) has requested that the EB develop such procedures pursuant to Decision 2/CMP 5, Further Guidance on the Clean Development Mechanism.

The inclusion of an appeals procedure in the CDM project approval process presents a crucial opportunity for the EB to promote enhanced accountability, legitimacy and public trust in and acceptance of the CDM as a valid tool for reaching its goals under the Kyoto Protocol – namely, mitigating global climate change while promoting sustainable development. It is likewise an opportunity to introduce coherence and quality control into the EB decision-making process. As such, the purpose of these comments is to highlight key safeguards that must be included in the appeal procedure in order to promote transparency, accountability, and consistency in the CDM project approval process, improve the efficacy of the CDM as a tool for reducing greenhouse gas emissions, and allow for more meaningful public input into the EB’s decision-making – something that is woefully lacking under the current procedures.