INC9 REPORT.pdf - Rotterdam Convention

UNEP/FAO/PIC/INC.9/21
27. In the case of repeated or continued non-compliance and where the measures in paragraph [26][27]
above have been exhausted, the Compliance Committee may recommend to the Conference of the Parties to
consider further appropriate measures, in accordance with international law, including:
(a)
Issuing a caution;
(b) Other measures to bring a Party back into compliance, including certain forms of sanctions:
an indicative list of such other measures is to be established by the Conference of the Parties;
(c)
(d)
Issuing a formal statement of concern regarding possible future non-compliance;
Issuing a determination of non-compliance;
(e) Suspending rights and privileges under the Convention. 4 ]
Alternative 3 for paragraph 25:
[25. [Where appropriate] the Compliance Committee [, once it has determined that non-compliance
exists or will be in existence,] [ with the view to facilitating compliance and addressing cases of possible
non-compliance,] [may] [shall undertake to]:
[(a) Advise the Party concerned to take action to rectify any detriment caused by the noncompliance,
or rectify the source of possible non-compliance;]
(b) Assist the Party concerned to develop a programme to attain compliance as soon as possible
or to ensure maintenance of compliance. [Such assistance may include: oral advice, written information, or
assistance through in-country fact-finding visits upon invitation by the Party[, disposal, clean-up of
chemicals]];
(c) Where a situation of possible non-compliance has been identified, recommend that the
Conference of the Parties take appropriate measures, consistent with international law, to attain compliance,
which may including the following:
obligations; or
[(i)
(ii)
(iii)
Advice;]
Provision of appropriate assistance to enable the Party to comply with the
Other facilitative incentive measures;
[and , in the case of repeated or continued non-compliance and where the measures (i) to
(iii) above have been exhausted:
(iv)
Issuance of cautions; or
(v) Other measures to bring a Party back into compliance, including certain forms of
sanctions: an indicative list of such other measures is to be established by the Conference of the Parties].]
4
Consideration should be given to whether (a) a list of such rights and privileges should be specified; and (b) a
reference should be made to the effect that such suspension must be “consistent with international law” – this can be
done in the chapeau, as is now, or attached specifically to such a provision.
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