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),
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.
