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Decision COP VI/11

UNEP/CBD/COP/DEC/VI/11

Liability and redress (Article 14, paragraph 2)

The Conference of the Parties,
Recalling decision V/18 adopted at its fifth meeting,
Taking note of the recommendations of the Workshop on Liability and Redress in the Context of the Convention on Biological Diversity, held in Paris from 18 to 20 June 2001,  
Recognizing the central importance of capacity-building and cooperation measures under the Convention to strengthen capacities at the national level with regard to measures for the prevention of damage to biological diversity, the establishment and implementation of national legislative regimes, policy and administrative measures on liability and redress, including through the elaboration of guidelines,
Operational Retired Implemented Executive Secretary of the Convention on Biological Diversity
1.Requests the Executive Secretary to convene a group of legal and technical experts composed of government-nominated experts based on a fair and equitable geographical representation and including observers from relevant international organizations, including non-governmental organizations and convention secretariats, and with the mandate to review information gathered in accordance with paragraph 2 below, and conduct further analysis of pertinent issues relating to liability and redress in the context of paragraph 2 of Article 14 of the Convention, and in particular:
(a)Clarifying basic concepts and developing definitions relevant to paragraph 2 of Article 14 (such as the concept of damage to biological diversity, its valuation, classification, and its relationship with environmental damage, the meaning of “purely internal matter”);
(b)Proposing the possible introduction of elements, as appropriate, to address specifically liability and redress relating to damage to biological diversity into existing liability and redress regimes;
(c)Examining the appropriateness of a liability and redress regime under the Convention on Biological Diversity, as well as exploring issues relating to restoration and compensation;
(d)Analysing activities and situations that contribute to damage to biological diversity, including situations of potential concern; and
(e)Considering preventive measures on the basis of the responsibility recognized under Article 3 of the Convention.
The legal and technical expert group shall report to the seventh meeting of the Conference of the Parties;
Body
Conference of the Parties (COP)

Meeting
COP-06
Sixth Ordinary Meeting of the Conference of the Parties to the Convention on Biological Diversity
7 - 19 April, 2002
The Hague, Netherlands (Kingdom of the)

Decision document
VI/11
Liability and redress (Article 14, paragraph 2)
Related documents
UNEP/CBD/COP/6/INF/5
Liability and Redress<br>Report of the Workshop on Liability and Redress in the Context of the Convention on Biological Diversity**
UNEP/CBD/COP/8/INF/2
Review and Retirement of the Decisions of the Conference of the Parties: Proposals by the Executive Secretary pursuant to decision VII/33 on Operations of the Convention
Related decisions / recommendations
V/18 para 9
Impact assessment, liability and redress
X/14 para 3
Retirement of decisions
VII/17 para 1
Liability and redress (Article 14, paragraph 2)