Rules of procedure for meetings of the Compliance
Committee
The Conference of the Parties serving as the meeting of the
Parties to the Cartagena Protocol on Biosafety,
Recalling its decision BS-I/7,
Recalling also paragraph 7 of section II of the
procedures and mechanisms on compliance under the Cartagena
Protocol on Biosafety that requires the Compliance Committee to
submit its rules of procedure to the Conference of the Parties
serving as the meeting of the Parties to the Protocol for its
consideration and approval,
Taking note of the report of the Compliance Committee
under the Cartagena Protocol on Biosafety on the work of its first
meeting (UNEP/CBD/BS/COP-MOP/2/2),
Approves the rules of procedure for the meetings of the
Compliance Committee under the Cartagena Protocol on Biosafety as
annexed to the present decision, with the exception of rule 18.
Annex
RULES OF PROCEDURE FOR THE MEETINGS
OF THE COMPLIANCE COMMITTEE UNDER THE CARTAGENA PROTOCOL ON
BIOSAFETY
I. PURPOSES
Rule 1
These rules of procedure shall apply to any meeting of the
Compliance Committee under the Cartagena Protocol on Biosafety and
shall be read together with and in furtherance of the procedures
and mechanisms set out in decision BS-I/7 of the Conference of the
Parties serving as the meeting of the Parties to the Cartagena
Protocol on Biosafety.
Rule 2
The rules of procedure for meetings of the Conference of the
Parties to the Convention on Biological Diversity, as applied,
mutatis mutandis, to the Conference of the Parties serving
as the meeting of the Parties to the Cartagena Protocol on
Biosafety, shall apply, mutatis mutandis, to any meeting
of the Compliance Committee under the Cartagena Protocol on
Biosafety, except as otherwise provided in the rules set out herein
and in decision BS-I/7, and provided that rules 16 to 20, on
representation and credentials of the rules of procedure for the
meetings of the Conference of the Parties to the Convention on
Biological Diversity shall not apply.
II. DEFINITIONS
Rule 3
For the purposes of these rules:
(a) "Protocol" means the Cartagena Protocol on Biosafety to the
Convention on Biological Diversity adopted in Montreal on 29
January 2000;
(b) "Party" means a Party to the Protocol;
(c) "Conference of the Parties serving as the meeting of the
Parties to the Protocol" means the Conference of the Parties
serving as the meeting of the Parties to the Cartagena Protocol on
Biosafety as provided for under Article 29 of the Protocol;
(d) "Committee" means the Compliance Committee established by
decision BS-I/7 of the Conference of the Parties serving as the
meeting of the Parties to the Protocol;
(e) "Chair" and "Vice-Chair" mean, respectively, the chairperson
and the vice chairperson elected in accordance with rule 12 of the
present rules of procedure;
(f) "Member" means a member of the Committee elected in
accordance with paragraph 2 of section II of the compliance
procedures or a replacement appointed in accordance with paragraph
2 of rule 10 of the present rules of procedure;
(g) "Secretariat" means the Secretariat referred to in Article
31 of the Protocol.
(h) "The Compliance Procedures" means the procedures and
mechanisms on compliance under the Cartagena Protocol on Biosafety
adopted by the first meeting of the Conference of the Parties
serving as the meeting of the Parties to the Protocol and set out
in the annex to decision BS-I/7.
III. DATES AND NOTICE OF
MEETINGS
Rule 4
The Committee shall decide on the dates and duration of its
meetings.
Rule 5
The Secretariat shall notify all members of the Committee of the
dates and venue of a meeting at least six weeks before the meeting
is due to commence.
IV. AGENDA
Rule 6
The agenda of the Committee shall include items arising from its
functions as specified in section III of the Compliance Procedures
and other matters related thereto.
Rule 7
To the extent possible, the provisional agenda, together with
supporting documents, shall be distributed by the Secretariat to
all members of the Committee at least four weeks before the opening
of the meeting.
V. DISTRIBUTION AND
CONSIDERATION OF INFORMATION
Rule 8
1. Members of the Committee shall be informed immediately by the
Secretariat that a submission has been received under paragraph 1
of section IV of the compliance procedures.
2. A submission received in accordance with paragraph 1 (a) of
section IV of the Compliance Procedures shall be transmitted by the
Secretariat to the members of the Committee as soon as possible but
no later than ninety days of receipt of the submission. A
submission received in accordance with paragraph 1 (b) and any
response and information received under paragraph 3 of section IV
of the Compliance Procedures shall be transmitted by the
Secretariat to the members of the Committee as soon as
practicable.
3. The information received in accordance with paragraph 2 of
section V of the Compliance Procedures shall be transmitted by the
Secretariat to the members of the Committee within fifteen days of
receipt of such information. The Committee shall determine the
relevance of the information before placing it on the agenda. Any
such information that will be considered by the Committee shall, as
soon as practicable, be made available to the Party concerned.
VI. PUBLICATION OF DOCUMENTS
AND INFORMATION
Rule 9
The provisional agenda, reports of meetings, official documents
and, subject to rule 8 above and paragraph 4 of section V of the
Compliance Procedures, any other relevant documents shall be made
available to the public.
VII. MEMBERS
Rule 10
1. The term of office of a member shall commence on 1 January of
the calendar year immediately following his or her election and end
on 31 December, two or four years thereafter, as applicable.
2. If a member of the Committee resigns or is unable to complete
his or her term of office or to perform his or her functions, the
Bureau of the Conference of the Parties serving as the meeting of
the Parties to the Protocol shall, in consultation with the
appropriate regional group, appoint a replacement to serve the
remainder of that member's term of office.
Rule 11
Each member of the Committee shall, with respect to any matter
that is under consideration by the Committee, avoid direct or
indirect conflicts of interest. Where a member finds himself or
herself faced with a direct or indirect conflict of interest, that
member shall bring the issue to the attention of the Committee
before consideration of that particular matter. The concerned
member shall not participate in the elaboration and adoption of a
recommendation of the Committee in relation to that matter.
VIII. OFFICERS
Rule 12
1. The Committee shall elect a Chair and a Vice-Chair for a term
of two years. Subject to rule 10 of the present rules of procedure,
they shall serve in those capacities until their successors take
office.
2. No officer shall serve for more than two consecutive
terms.
IX. PARTICIPATION IN
PROCEEDINGS OF THE COMMITTEE
Rule 13
A Party in respect of which a submission is made or which makes
a submission as referred to in paragraph 1 of section IV of the
Compliance Procedures shall be invited to participate in the
deliberations of the Committee. The Party concerned shall be given
an opportunity to comment in writing on any recommendation of the
Committee. Any such comments shall be forwarded with the report of
the Committee to the Conference of the Parties serving as the
meeting of the Parties to the Protocol.
X. CONDUCT OF
BUSINESS
Rule 14
1. The Committee shall decide on whether it will meet in open or
closed sessions. Such decisions, including reasoning, shall be
reflected in the reports of the Committee.
2. The Party concerned is entitled to participate in the
meetings of the Committee pursuant to paragraph 4 of section IV of
the compliance procedures.
3. Any person invited by the Committee may attend the meetings
of the Committee.
Rule 15
Electronic means of communication may be used by the members of
the Committee for the purpose of conducting informal consultations
on issues under consideration. Electronic means of communication
shall not be used for making decisions on matters of substance.
Rule 16
Ten members of the Committee shall constitute a quorum.
XI. VOTING
Rule 17
Each member of the Committee shall have one vote.
Rule 18
[1. The Committee shall make every effort to reach agreement on
all matters of substance by consensus. If all efforts to reach
consensus have been exhausted and no agreement has been reached,
any decision shall, as a last resort, be taken by a two-thirds
majority of the members present and voting or by eight members,
whichever is the greater. Where consensus is not possible, the
report shall reflect the views of all members of the Committee.
2. For the purposes of these rules, the phrase "members present
and voting" means members present at the session at which voting
takes place and casting an affirmative or negative vote. Members
abstaining from voting shall be considered as not voting.]
XII. LANGUAGE
Rule 19
The working language of the Committee shall be English or any
other official United Nations language agreed by the Committee.
Rule 20
The submissions from the Party concerned, the response and the
information, as referred to in section IV of the Compliance
Procedures, shall be made in one of the six official languages of
the United Nations. The Secretariat shall make arrangements to
translate them into English if they are submitted in one of the
languages of the United Nations other than English.
XIII. AMENDMENTS TO RULES OF
PROCEDURE
Rule 21
Any amendment to these rules of procedure shall be adopted by
consensus by the Committee and submitted to the Conference of the
Parties serving as the meeting of the Parties to the Protocol for
consideration and approval.
XIV. OVERRIDING AUTHORITY OF
THE PROTOCOL AND DECISION BS-I/7
Rule 22
In the event of a conflict between any provision in these rules
and any provision in the Protocol or decision BS-I/7, the
provisions of the Protocol or decision BS-I/7 shall prevail.
