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UNEP/FAO/PIC/INC.9/21 Alternative 4 for paragraph 25: [Facilitation Procedure Alternative 1 for chapeau of paragraph 25: [The Compliance Committee shall consider any submission made to it in accordance with paragraph 21 with a view to establishing the facts and root causes of the matter of concern and assisting in its resolution. The Compliance Committee may assist the Party to develop a programme to attain compliance as soon as possible, including:] Alternative 2 for chapeau of paragraph 25: [The Committee shall consider any submission made to it in accordance with paragraph 21, with a view to determining the facts and root causes of the matter of concern and assisting in its resolution. As part of this process, the Committee may provide:] Alternative 3 for chapeau of paragraph 25: [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 declaration of non-compliance.] Additional Measures Committee self-trigger for further 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 also decide to issue to that Party; (a) (b) A formal statement of concern regarding possible future non-compliance; A declaration of non-compliance. OR Committee must go through the Conference of the Parties for all further 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: (a) Advice; 40
UNEP/FAO/PIC/INC.9/21 (b) (c) (d) (e) Facilitation of appropriate assistance to enable the Party to comply with the obligations; or Other facilitative incentive measures; A formal statement of concern regarding possible future non-compliance; A declaration of non-compliance. 27. [In the case of repeated or continued non-compliance and where the measures [25][26] 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.] Alternative: 27. The Compliance Committee may recommend to the Conference of the Parties to consider further appropriate measures, in accordance with international law, to restore compliance, 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) Suspending rights and privileges under the <strong>Convention</strong>. 5 ] [28. Upon the recommendation of the Compliance Committee, the Conference of the Parties may take appropriate action to address compliance issues raised.] Monitoring [29. The Compliance Committee shall monitor the consequences of the action taken to rectify noncompliance or the source of possible non-compliance [with respect to the Party concerned, through its report to the Committee, on remedial action it has taken against benchmarks and according a timeframe agreed between the Party and the Committee].] Review of the compliance mechanism 30. The Conference of the Parties [may] [shall] [regularly] review the implementation of the compliance mechanism and [shall regularly review] the programme of work of the Compliance Committee. ----- 5 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. 41
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