INC9 REPORT.pdf - Rotterdam Convention

UNEP/FAO/PIC/INC.9/21
Annex VII
PROCEDURES AND INSTITUTIONAL MECHANISMS FOR
HANDLING CASES OF NON-COMPLIANCE: A MODEL
Part One
INSTITUTIONAL MECHANISMS
Compliance Committee
1. Alternative 1:
A Compliance Committee is hereby established by the Conference of the Parties.
Alternative 2:
A Compliance Committee is hereby established by the Conference of the Parties as its subsidiary
body responsible for the operation of the compliance mechanism.
Functions of the Compliance Committee
2. The Compliance Committee shall undertake the functions as specified in the procedure under Part
Two below or compliance functions as decided by the Conference of the Parties.
Membership of the Compliance Committee
3. The Compliance Committee shall consist of [ ] [two] members [from each of the PIC regions].
They shall be [Parties elected by the Conference of the Parties] [Government-designated] legal and technical
experts [, drawn from a list nominated by Parties and] [appointed by the Conference of the Parties]
[Government representatives elected at a meeting of the Conference of the Parties] who have expertise and
specific qualifications in the subject matter under the Convention [and are to serve in their individual
capacity][and are to serve in the best interests of the Convention].
4. In [electing] [appointing] members due consideration shall be given to an equitable geographic
distribution [of the seven PIC regions].
5. At the meeting at which this decision is adopted, the Conference of the Parties shall [elect][appoint]
half the members, [one from each [PIC] region], for one term, and half the [members], [one from each [PIC]
region], for two terms. The Conference of the Parties shall, at each ordinary meeting thereafter,
[elect][appoint] for two full terms new members to replace those members whose period of office has
expired or is about to expire. Members shall not serve for more than two consecutive terms. For the
purpose of this decision, “term” means the period that begins at the end of one ordinary meeting of the
Conference of the Parties and ends at the end of the next ordinary meeting of the Conference of the Parties.
Officers of the Compliance Committee
6. [The Compliance Committee shall elect its own officers. The officers shall be elected with due
regard to the principle of equitable geographical representation]. [The officers of the Committee shall be
determined in accordance with Rule 30 of the rules of procedure of the Conference of the Parties].
Meetings of the Compliance Committee
7. [The Committee shall hold meetings [in conjunction with the meetings of the Conference of the
Parties and such other meetings] [as necessary] [normally twice a year].]
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