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.