MOP 5 Decision BS-V/1

BS-V/1.Report of the Compliance Committee

The Conference of the Parties serving as the meeting of the Parties to the Cartagena Protocol on Biosafety,
Taking note of the views submitted by Parties on how the supportive role of the Compliance Committee could be improved (UNEP/CBD/BS/COP-MOP/5/2/Add.1),
Taking note also of the recommendations of the Compliance Committee (UNEP/CBD/BS/COP-MOP/5/2, annex),
Recalling the objective, nature and underlying principles of the Procedures and Mechanisms on Compliance under the Cartagena Protocol on Biosafety as specified in section I of the annex to decision BS-I/7, which underline the promotion of compliance and addressing cases of non-compliance through the provision of advice and assistance, in a simple, facilitative, non-adversarial and cooperative manner, and by paying particular attention to the special needs of developing countries, taking into full consideration the difficulties they face in the implementation of the Protocol,
Recognizing the need for building further the confidence of Parties in the role of the Compliance Committee and the application of the compliance procedures and mechanisms of the Protocol by, among other things, emphasizing and strengthening the facilitative and supportive role of the Committee as well as mobilizing financial resources, technology transfer and capacity-building projects,
1.Decides that:
(a)In the event of a submission relating to compliance by any Party with respect to itself in the context of paragraph 1 (a) of section IV of the annex to decision BS-I/7, the Compliance Committee shall, in response, consider taking only those measures specified in paragraphs 1 (a) and (b) of section VI of the annex to decision BS-I/7, namely the provision of advice or assistance to the Party concerned and/or making recommendations to the Conference of the Parties serving as the meeting of the Parties to the Protocol regarding the provision of financial and technical assistance, technology transfer, training and other capacity-building measures;
(b)The Compliance Committee may also consider taking the measures referred to in subparagraph (a) above in a situation where a Party fails to submit its national report, or information has been received through a national report or the Secretariat, based on information from the Biosafety Clearing-House, that shows that the Party concerned is faced with difficulties complying with its obligations under the Protocol;
2.Requests the Compliance Committee to carry out its supportive role in accordance with paragraph 1 above in confidence and with the cooperation of the concerned Party;
3.Encourages Parties that are facing difficulties complying with one or more of their obligations under the Protocol due to lack of capacity to make a submission to the Compliance Committee relating to their compliance so that the Committee or the Conference of the Parties serving as the meeting of the Parties to the Protocol could consider taking facilitative and supportive measures, as appropriate, with a view to helping the Party overcome the difficulties.