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Compliance with the Protocol

Article 30 of the Nagoya Protocol provides that the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol (COP-MOP) shall consider and approve cooperative procedures and institutional mechanisms to promote compliance with the provisions of the Protocol and to address cases of non-compliance. These procedures and mechanisms shall include provisions to offer advice or assistance, where appropriate. They shall be separate from, and without prejudice to, the dispute settlement procedures and mechanisms under Article 27 of the Convention.

Compliance procedures are a common feature of many multilateral environmental agreements. In general terms, they are intended to support compliance with a treaty and facilitate or assist the Parties to the treaty to implement their obligations.

At the first COP-MOP, the Parties to the Protocol adopted compliance procedures and mechanisms and established a Compliance Committee (decision NP-1/4). 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. In addition, two representatives of indigenous and local communities (ILC) are elected to serve as observers. (See the list of Compliance Committee members and ILC observers.)

The Committee can receive submissions from any Party with respect to itself, any Party with respect to another Party, and the COP-MOP. The Committee may also examine a situation where a Party fails to submit its national report under Article 29 of the Protocol or where information indicates that a Party is faced with difficulties complying with its obligations under the Protocol as well as systemic issues of general non-compliance. Both the Committee and the COP-MOP may take measures to promote compliance and address cases of non-compliance.

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  • United Nations
  • United Nations Environment Programme