INC9 REPORT.pdf - Rotterdam Convention

UNEP/FAO/PIC/INC.9/21
[(c) Establish whether the status of non-compliance exists, and if so identify the cause of the
non-compliance] [Identify the likely cause(s) of a Party's compliance problems];
(d)
(e)
[(f)
[(g)
Consult with other bodies under the Convention;
Request further information from the Party whose compliance is in question;
Draw upon outside expertise;]
Other functions as assigned by the Conference of the Parties.]
25. Alternative 1 for paragraph 25, (a) and (b):
Measures regarding non-compliance
[The Compliance Committee may adopt measures, including:
(a)
(b)
(c)
(d)
(e)
The provision of advice;
The facilitation of assistance;
The formulation of a compliance plan, including timelines and targets;
A formal statement of concern regarding possible future non-compliance;
A determination of non-compliance.]
(para. 25 (c) will be then new para. 26 and will start with “The Committee may recommend to the
Conference of the Parties”…(d-e))
Alternative 2 for paragraph 25:
[Facilitation Procedure
25. The Compliance Committee shall consider any submission made to it in accordance with
paragraph 21 (a) with a view to establishing the facts and root causes of the matter of concern and assist in
its resolution. As part of this process, the Committee may provide a Party with advice, non-binding
recommendations and any further information required to assist the party to develop a program to attain
compliance as soon as possible.
Additional Measures
26. If, after undertaking the facilitation procedure in paragraph 25 above and taking into account the
cause, type, degree and frequency of compliance difficulties, the Committee considers it necessary to pursue
further measures to address a Party’s compliance problems, it may recommend to the Conference of the
Parties to consider appropriate measures, in accordance with international law, to attain compliance,
including the following:
Insert 25 (c, d, e)
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