Specific Submissions Activities

Submissions

Party self submission

Two Parties have made use of the possibility under  paragraph 9 (a) of the Committee’s terms of reference to make a submission for the Committee after concluding that, despite its best efforts, it is or will be unable to fully implement or comply with its obligations under the Convention.

Reference Party Submission Committee’s findings

CHW/CC/9a/2014/1

Central African Republic

1 April 2014

  

Decision CC-11/3

Decision CC-12/4

Decision CC-12/4/Add.1

(Matter resolved)

 CHW/CC/9a/2017/1  Central African Republic  22 June 2017

 
 

CHW/CC/9a/2009/1

Oman

26 July 2009

 

Decision 8/1

Decision 9/1

Decision 10/1

Decision CC-11/9

Decision CC-12/9

Decision CC-12/9/Add.1

CHW/CC/9a/2016/1

Togo

1 June 2016

 

Decision CC-12/11

Party-to Party submission

At this time, no Party has made use of the possibility under paragraph 9 (b) of the Committee’s terms of reference  to make a submission regarding another Party. In line with the terms of reference of the Committee, a Party that has concerns or is affected by a failure to comply with and/or implement the Convention’s obligations by another Party with whom it is directly involved under the Convention. A Party intending to make a submission under this subparagraph shall inform the Party whose compliance is in question, and both Parties should then try to resolve the matter through consultations

Secretariat submission

In thirteen instances, the Secretariat has made use of the possibility under paragraph 9 (c) of the Committee’s terms of reference to make a submission to the Committee. The submissions by the Secretariat were made on the basis of its awareness of possible difficulties of these Parties in complying with the obligations Article 5 (designation of a focal competent and of a competent authority) or  paragraphs 2 and 3 of Article 13 of the Convention (transmission of information, including national reporting). The submissions were preceded by consultations with each Party concerned.

Reference

Party

Submission

Committee’s findings

CHW/CC/9c/2014/3

Afghanistan

23 May 2014

 

Decision CC-11/1

Decision CC-12/1

(Matter resolved)

CHW/CC/9c/2010/1

Bhutan

12 November 2010

Decision 8/2

Decision 9/2

Decision 10/2

Decision CC-11/2

Decision CC-12/2

Decision CC-12/2/Add.1

CHW/CC/9c/2010/2

Cabo Verde

12 November 2010

Decision 8/3

Decision 9/3

Decision 10/3

Decision 10/3/Add.1

Decision CC-11/4

Decision CC-12/3

Decision CC-12/3/Add.1

CHW/CC/9c/2010/3

Eritrea

12 November 2010

Decision 8/4

Decision 9/4

Decision 10/4

Decision CC-11/5

Decision CC-12/5

CHW/CC/9c/2010/4

Guinea Bissau

12 November 2010

Decision 8/5

Decision 9/5

Decision 10/5

Desicion 10/5/Add.1

Decision CC-11/6

Decision CC-12/6

Decision CC-12/6/Add.1

CHW/CC/9c/2010/5

Liberia

12 November 2010

Decision 8/6

Decision 9/6

Decision 10/6

Decision CC-11/7

Decision CC-12/7

CHW/CC/9c/2010/6

Libya

12 November 2010

Decision 8/7

Decision 9/7

Decision 10/7

Decision CC-11/8

Decision CC-12/8

CHW/CC/9c/2010/7

Nicaragua

12 November 2010

Decision 8/8

(Matter resolved)

CHW/CC/9c/2014/2

Palau

23 May 2014

Decision CC-11/10

(Matter resolved)

CHW/CC/9c/2014/1

Somalia

19 MAy 2014

Decision CC-11/11

(Matter resolved)

CHW/CC/9c/2010/8

Swaziland

12 November 2010

Decision 8/9

Decision 9/8

Decision 10/8

Decision 10/8/Add.1

Decision CC-11/12

Decision CC-12/10

Decision CC-12/10/Add.1

(Matter resolved)

CHW/CC/9c/2010/9

Togo

12 November 2010

Decision 8/10

Decision 9/9

Decision 10/9

Decision CC-11/13

Decision CC-12/11

(Matter resolved)

CHW/CC/9c/2015/1

Turkmenistan

26 October 2015

Decision CC-12/12

Decision CC-12/12/Add.1

 

Work programmes

2005-2006 and 2007-2008

By decision VII/30 on the work programme 2005-2006 and decision VIII/32 on the work programme 2007-2008, the Conference of the Parties stated that when the Committee received specific submissions in accordance with paragraph 9 of the terms of reference, it shall give priority to dealing with such submissions. No such submission was received by the Committee by the time of the ninth meeting of the Conference of the Parties.

Since its third session (2-3 July 2005), the Committee considered possible lacunae within its terms of reference concerning the procedures to be followed with respect to submissions procedures. In its report to the ninth meeting of the Conference of the Parties, the Committee noted that it had not, as at the time of its sixth session, addressed any case relating to a Party. The Committee suggested that this might result from several shortcomings or limitations pertaining to the inability of the Committee to initiate consideration of a particular case of implementation and compliance difficulties of which it becomes aware; the lack of a “civil society trigger”; the lack of resources to assist Parties that are determined to be facing difficulties in implementation and compliance; the restricted scope of the Secretariat trigger, which is limited to submissions relating to the difficulties that a Party may have in complying with its reporting obligations under paragraph of article 13 3 of the Convention; and the need to promote a better understanding of the facilitative nature of the mechanism.

2009-2011

By decision IX/2, the Conference of the Parties adopted the work programme of the Committee for 2009-2011 whereby it decided that the Committee shall give priority to dealing with specific submissions regarding Party implementation and compliance and whereby it mandated the Committee to address existing shortcomings and limitations in relation to the lack of specific submissions to the Committee. 

During its seventh and eighth sessions, the Committee considered two reports on how to address shortcomings with regards to the mechanism’s trigger options and the access to financial assistance to overcome implementation and compliance difficulties. In its report to the ninth meeting of the Parties link to document 10/9, the Committee recommends:

  • that the trigger options provided in the terms of reference be amended so as to add a Committee self-trigger and extend the scope of the Secretariat trigger; and that
  • the Committee be authorized to direct the use of the implementation fund to assist Parties concerned by a Secretariat submission in overcoming their difficulties in fulfilling their national reporting obligations.

Following the ninth meeting of the Conference of the Parties, the Committee received one self submission by a Party and nine submissions by the Secretariat. These ten submissions were considered by the Committee during its eighth session. In its report to the tenth meeting of the Parties the Committee informed the Conference of the Parties of the work it had carried out in considering these 10 specific submissions. 

2012-2013

By decision BC-10/11, the tenth meeting of the Conference of Parties to  the Basel Convention decided that the Committee shall accord priority to dealing with specific submissions regarding party implementation and compliance received or initiated in accordance with paragraph 9 of the terms of reference. In that same decision, the Conference of the Parties decided that:

  • in line with the authorization from the Conference of the Parties, the Committee may recommend use of the implementation fund, subject to the availability of resources, to assist parties in the context of the facilitation procedure established under paragraph 20 of the Committee’s terms of reference.
  • in relation to the implementation fund, the Committee shall allocate the available resources from the implementation fund in the period between the tenth and eleventh meetings of the Conference of the Parties to assist parties in the context of the facilitation procedure set out in paragraphs 19 and 20 of the terms of reference of the Mechanism for Promoting Implementation and Compliance of the Basel Convention to fund activities listed in the compliance action plans approved by the Committee. In addition, the Committee shall review the directions set out in paragraph 9 of the present decision and make recommendations for revised directions, as appropriate, for consideration by the Conference of the Parties at its eleventh meeting.
  • in relation to the amendment of paragraph 9 (c) of the terms of reference, the Committee shall provide to the Conference of the Parties at its eleventh meeting a report on its evaluation of the effectiveness of the amendment mentioned in paragraph 13 of the present decision, including recommendations.

2014-2015

By decision BC-11/10, the Conference of the Parties decided that:

  • The Committee shall accord priority to dealing with specific submissions regarding party implementation and compliance received or initiated in accordance with paragraph 9 of the terms of reference. 
  • In relation to the implementation fund, the Committee shall make recommendations to the Executive Secretary on the allocation of the available resources from the implementation fund in the period between the eleventh and twelfth meetings of the Conference of the Parties to assist parties in the context of the facilitation procedure set out in paragraphs 19 and 20 of the terms of reference of the mechanism for promoting implementation and compliance of the Basel Convention. The resources are intended to fund activities listed in the compliance action plans elaborated by the party concerned in its submission and approved by the Committee. 
  • In relation to the amendment of paragraph 9 (c) of the terms of reference, the Committee shall provide to the Conference of the Parties at its twelfth meeting a report on its evaluation of the effectiveness of the amendment mentioned in paragraph 3 of the present decision, including recommendations.
  • The Committee shall also review whether its legal framework programme needs further refining. 

2016-2017

By decision BC-12/7, the Conference of the Parties decided that:

  • The Committee shall accord priority to dealing with specific submissions regarding party implementation and compliance received or initiated in accordance with paragraph 9 of the terms of reference of the mechanism for promoting implementation and compliance of the Basel Convention.
  • In relation to the implementation fund, the Committee shall make recommendations to the Executive Secretary on the allocation of the available resources from the implementation fund in the period between the twelfth and thirteenth meetings of the Conference of the Parties to assist parties in the context of the facilitation procedure set out in paragraphs 19 and 20 of the terms of reference of the mechanism for promoting implementation and compliance of the Basel Convention. The resources are intended to fund activities listed in the compliance action plans elaborated by the party concerned in its submission and approved by the Committee. In addition, the Committee shall review the operation of the implementation fund in the light of the experience of the Committee and other developments, including with respect to the special programme. 
  • In relation to the amendment of paragraph 9 (c) of the terms of reference, the Committee shall provide to the Conference of the Parties at its fourteenth meeting a report on its evaluation of the effectiveness of the amendment mentioned in paragraph 4 of the present decision, including recommendations.