Transcript Compliance Mechanism under the Aarhus Convention Andrew Andrusevych, Resource and Analysis Center “Society and Environment”

Compliance Mechanism
under the Aarhus Convention
Andrew Andrusevych,
Resource and Analysis Center
“Society and Environment”
Overview
Legal nature, mandate and competence of
the Aarhus Convention Compliance
Committee
 Compliance mechanisms under other
international environmental agreements

(1) Compliance Mechanism under the
Aarhus Convention
 Compliance
Mechanism =
Compliance Committee + Meeting of
the Parties to the Convention
 Committee:
9 members
Holds meetings 4 times a year
(2) Compliance Committee
 Legal
nature:
Article 15 of the Convention
 Decision І/7 of the first Meeting of the
Parties (MP), 2002
 Rules of procedure (Modus Operandi)

(3) Mandate of the Compliance
Committee
The Committee is empowered to consider:
 Submissions
by the Parties
 Referrals by the Secretariat
 Communications from the public
Regarding compliance by the Parties
(countries) with their obligations under the
Convention
(4) General procedure
Information
Findings of the Committee
Direct action of the Committee
in relation to the Party
Recommendations to the
Meeting of the Parties to
the Convention
Action of the Meeting of the
Parties to the Convention
(5) Process of communication consideration
by the Committee
Receipt of communication
Forwarding the communication
Admissibility
Response of the Party substantially on the matter
Public discussion
Draft findings and recommendations
Final decision (findings and recommendations)
(6) Decision of the Committee
Introduction
 Summary of facts
 Consideration and evaluation by the
Committee
 Conclusion


Main findings
 Recommendations
(7) Measures undertaken versus
the Party
a)
b)
c)
d)
e)
f)
g)
h)
Provide advice and facilitate assistance to individual Parties regarding the
implementation of the Convention;
Make recommendations to the Party concerned;
Request the Party concerned to submit a strategy, including a time schedule,
to the Compliance Committee regarding the achievement of compliance with
the Convention and to report on the implementation of this strategy;
In cases of communications from the public, make recommendations to the
Party concerned on specific measures to address the matter raised by the
member of the public;
Issue declarations of non-compliance;
Issue cautions;
Suspend the special rights and privileges accorded to the Party concerned
under the Convention;
Take such other non-confrontational, non-judicial and consultative measures.
International procedures of appeal within
environmental treaties




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Mechanism of compliance of the Aarhus
Convention
Committee on Compliance of the Espoo
Convention
Procedure of investigation within the Bern
Convention
Mechanism of Compliance of the Protocol on
PRTR
Mechanism of Compliance of the Protocol on
Water and Health