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.
