BS-III/1. Compliance

The Conference of the Parties serving as the meeting of the Parties to the Cartagena Protocol on Biosafety,

Taking note of the report of the second meeting of the Compliance Committee, in particular the recommendations of the Committee regarding general issues of compliance (UNEP/CBD/BS/COP-MOP/3/2),

Recognizing that capacity-building is an essential element in supporting developing country Parties, in particular the least developed and the small island developing States amongst them, and Parties with economies in transition to comply with their obligations under the Protocol,

Recognizing also that it is too early to undertake the review of the effectiveness of the compliance procedures and mechanisms as provided for in section VII of the annex to decision BS-I/7,

Recalling paragraph 2 (d) of section VI of the procedures and mechanisms on compliance under the Cartagena Protocol on Biosafety as annexed to decision BS-I/7,

Taking note of the experience of other multilateral environmental agreements in addressing cases of repeated non-compliance within their respective compliance procedures and mechanisms, as presented in section II of the note by the Executive Secretary on the subject (UNEP/CBD/BS/COP-MOP/3/2/Add.1),

Noting the absence of any submission to date of a case of non-compliance by a Party to the Protocol with respect to itself or with respect to another Party,

Recognizing the need to resolve the differences that emerged at the second meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol regarding rule 18 of the rules of procedure of the Committee on voting in a manner that ensures efficiency and effectiveness of the Committee and the independence of its members in taking decisions,

1. Decides to undertake the review of the effectiveness of the procedures and mechanisms on compliance as provided for in section VII of decision BS-I/7, including addressing the issue of measures concerning repeated cases of non-compliance as well as rule 18 of the rules of procedure of the Compliance Committee, at its fourth meeting within the framework of the overall evaluation of the effectiveness of the Protocol in accordance with Article 35 and in accordance with the modalities established in decision BS-III/15 of the present meeting regarding such evaluation;

2. Requests the Compliance Committee to compile further information on experience of other multilateral environmental agreements regarding repeated cases of non-compliance for consideration at the fourth meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol;

3. Calls upon Parties that still have no appropriate legal and administrative measures in place at the national level to take the necessary measures and specifically to give appropriate attention to the development of national biosafety frameworks as enabling tools in their efforts to effectively implement their obligations under the Protocol, and urges those Parties that have duly completed the development of their national biosafety frameworks to take measures necessary, including the allocation of appropriate resources, to make these frameworks operational and effective;

4. Invites Parties and other Governments with well-developed and functional biosafety frameworks or systems to cooperate and share their practical experiences with those Parties that have a demand in this regard.