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INC9 REPORT.pdf - Rotterdam Convention

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UNEP/FAO/PIC/INC.9/21<br />

[(d) Individuals or organizations having reservations about a Party´s compliance with the<br />

obligations under the <strong>Convention</strong>;]<br />

[(e)<br />

The secretariat.]<br />

22. Alternative 1:<br />

[The procedures on general compliance issues may be initiated by:]<br />

(a) The Conference of the Parties, requesting the Compliance Committee to examine and report<br />

back on general issues of compliance deemed common to all Parties;<br />

[(b)<br />

[The Compliance Committee on the basis of information submitted to it; or]<br />

[(c) The secretariat on the basis of information collected [from all sources] through the<br />

implementation of the provisions of the <strong>Convention</strong>.]<br />

Alternative 2:<br />

[The Compliance Committee, as directed by the Conference of the Parties, may examine systemic<br />

issues of general compliance of interest to all Parties where:<br />

(a)<br />

The Conference of the Parties makes a request;<br />

(b) The Compliance Committee decides there is a need for an examination and report to the<br />

Conference of the Parties on an issue of general non-compliance.]<br />

[Acceptance of submissions<br />

23. The compliance committee may reject submissions which it considers are:<br />

(a)<br />

(b)<br />

De minimis;<br />

Manifestly ill-founded.]<br />

[Consultation] [Functions]<br />

24. The Compliance Committee may undertake the following [functions] [actions][, inter alia]:<br />

Alternative 1:<br />

[(a) Consider the observations and relevant information submitted to it [as well as additional<br />

information it may gather];]<br />

Alternative 2:<br />

[(a) In the carrying out of its functions, the Compliance Committee shall consider only the<br />

information placed before it consistent with this Annex by the secretariat, the Conference of the Parties, and<br />

Parties except where the Compliance Committee is dealing with an issue of general compliance under<br />

paragraph 22, in which case the Committee may consider information obtained following a request made to<br />

the secretariat, Parties and other sources provided that in the case of other sources, the request of the<br />

Committee has been made through the secretariat;]<br />

[(b) Consult with any Party that has initiated the non-compliance procedure and the Party which<br />

is the subject of the submission in order to give the latter a chance to respond;]<br />

37

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