Introduction

A compliance mechanism under an international environmental treaty is normally devised to facilitate Parties to fulfill their obligations and deal with non-compliance. In accordance with Article 34 of the Protocol, the Conference of the Parties serving as the meeting of the Parties to the Protocol (COP-MOP) adopted procedures and mechanisms on compliance and established a Compliance Committee to promote compliance, to address cases of non-compliance, and to provide advice or assistance.

The Compliance Committee is composed of 15 members nominated by Parties and elected by the COP-MOP on the basis of three members from each of the five regional groups of the United Nations. The members of the Committee shall serve objectively and in a personal capacity.

The Committee shall receive, through the Secretariat, submissions relating to compliance from: (a) any Party with respect to itself; and (b) any Party, which is affected or likely to be affected, with respect to another Party.

The Compliance Committee may take a number of measures with a view to promoting compliance and addressing cases of non-compliance. These include: (a) providing advice or assistance to the Party concerned; (b) making recommendations to the COP-MOP regarding the provision of financial and technical assistance, technology transfer, training and other capacity building measures; (c) requesting or assisting the Party concerned to develop a compliance action plan regarding the achievement of compliance with the Protocol within a timeframe to be agreed upon between the Committee and the Party.

The COP-MOP may, upon the recommendations of the Compliance Committee, decide upon one or more of the following measures: (a) provide financial and technical assistance; (b) issue a caution to the concerned Party; (c) request the Executive Secretary to publish cases of non-compliance in the Biosafety Clearing-House; and (d)in cases of repeated non-compliance, take such measures as may be decided by the COP-MOP at its third meeting.

First meeting of Compliance Committee

The first meeting of the Compliance Committee took place from 14 to 16 March 2005. The meeting developed its rules of procedures and submitted them for consideration and approval by the second meeting of the COP-MOP. The Committee also adopted a work plan for the period up to the review of the Complaince Procedures and Mechanisms on Compliance as specified in section VII of the Annex to decision BS-I/7 .

At its second meeting, COP-MOP in decision BS-II/1 approved the rules of procedure for meetings of the Compliance Committee as proposed by the first meeting of the Committee. Few issues related to voting remained unresolved. The rules cover the following aspects, among others: dates and notice of meetings; agenda; distribution and consideration of information; publication of documents and information; members; officers; participation in Committee proceedings; conduct of business; and voting.

Second meeting of Compliance Committee

The second meeting of the Compliance Committee took place from 6 to 8 February 2006. The meeting discussed several issues relating to the rules of procedure of its meeting and adopted recommendations for submission to COP-MOP/3.

The meeting also analyzed the interim national reports and identified issues that need due attention in order to ensure a good start in the effective implementation of its requirements and the achievement of its objective. The Biosafety Clearing-House (BCH) was another source of information in which the Committee identified some general issues that affect compliance with the requirements of making various types of information available to the BCH.

The Committee submitted all its recommendations to the third meeting of the COP-MOP. The latter considered the recommendations and adopted decision BS-III/1. Several other recommendations were also considered and integrated in other decisions of COP-MOP/3 taking into account their relevance.

Third meeting of Compliance Committee

The third meeting of the Compliance Committee took place from 5 to 7 March 2007 in Kuala Lumpur, Malaysia. The Compliance Committee reviewed information compiled by the Secretariat on experience of other multilateral environmental agreements regarding measures concerning cases of repeated non-compliance. It requested the Secretariat to revise the document in accordance with the comments and submit it to the next meeting of the Committee. The Committee followed up on issues arising from its second meeting including the issue of conflict of interest under rule 11 of the rules of procedure, and reviewing general issues of compliance and possible lessons learned from analyzing the interim national reports. It also considered how the Committee might contribute to the upcoming review process of the effectiveness of the Protocol in general and the procedures and mechanisms on compliance, in particular in the context of Article 35 of the Protocol and decision BS-III/15 of the third meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol. For details see the report of the meeting contained in document UNEP/CBD/BS/CC/3/3.

Fourth meeting of Compliance Committee

The fourth meeting of the Compliance Committee took place from 21 to 23 November 2007 in Montreal. The Committee reviewed general issues of compliance on the basis of the information made available by Parties through their first national reports submitted four years after the entry into force of the Protocol. The Committee also refined further its report on experiences of other multilateral environmental agreements regarding measures concerning repeated cases of non-compliance. It decided to submit to the upcoming fourth meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol a report that consolidates the work and recommendations of its third and fourth meetings.

Related links:

Decisions of the COP-MOP

	Decision BS-III/1
	Decision BS-II/1
	Decision BS-I/7

COP-MOP Documents

	UNEP/CBD/BS/COP-MOP/3/2 Report of the Compliance Committee on the Work of its Second Meeting
	UNEP/CBD/BS/COP-MOP/3/2/Add.1 Measures in cases of repeated non-compliance
	UNEP/CBD/BS/COP-MOP/2/2 Report of the Compliance Committee on the Work of its First Meeting
	UNEP/CBD/BS/COP-MOP/1/8 Compliance (Article 34) Procedures and mechanisms on compliance under the Cartagena Protocol on Biosafety

ICCP-3 Documents
(22-26 April 2002 - The Hague, The Netherlands)

	UNEP/CBD/ICCP/3/4 Compliance (article 34): Summary of views or understandings on the contents in square brackets in the text of the draft procedures and mechanisms on compliance under the Cartagena Protocol on Biosafety
	UNEP/CBD/ICCP/3/10 Report of the Intergovernmental Committee for the Cartagena Protocol on Biosafety on the work of its third meeting
	UNEP/CBD/ICCP/3/INF/3 Compliance (Article 34): Compilation of views on compliance procedures and mechanisms under the Cartagena Protocol on Biosafety

ICCP-2 Documents
(1-5 October 2001 - Nairobi, Kenya)

	UNEP/CBD/ICCP/2/13 Compliance (Art. 34): Synthesis of views regarding elements and options for a compliance regime
	UNEP/CBD/ICCP/2/13/ADD1 Compliance (Art. 34): Report of the Open-ended Meeting of Experts on a Compliance Regime under the Cartagena Protocol on Biosafety
	UNEP/CBD/ICCP/2/15 Report of the Intergovernmental Committee for the Cartagena Protocol on Biosafety on the work of its second meeting

Open-ended Meeting of Experts on a Compliance Regime under the Cartagena Protocol on Biosafety
(26-28 September 2001 - Nairobi, Kenya)

ICCP-1 Documents
(11-15 December 2000 - Montpellier, France)

	UNEP/CBD/ICCP/1/7 Compliance (Art. 34): Development of compliance procedures and mechanisms under the Cartagena Protocol on Biosafety
	UNEP/CBD/ICCP/1/9 Report of the Intergovernmental Committee for the Cartagena Protocol on Biosafety on the Work of its First Meeting