Compliance Mechanism under the Aarhus Convention

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Compliance Mechanism under the Aarhus Convention

• Andrew Andrusevych,
• Resource and Analysis Center
• Society and Environment

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Overview

• Legal nature, mandate and competence of the
  Aarhus Convention Compliance Committee
• Compliance mechanisms under other international
  environmental agreements

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(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

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(2) Compliance Committee

• Legal nature
• Article 15 of the Convention
• Decision ?/7 of the first Meeting of the Parties
  (MP), 2002
• Rules of procedure (Modus Operandi)

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(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

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(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
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(5) Process of communication consideration by the
Committee
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(6) Decision of the Committee

• Introduction
• Summary of facts
• Consideration and evaluation by the Committee
• Conclusion
• Main findings
• Recommendations

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(7) Measures undertaken versus the Party

1. Provide advice and facilitate assistance to
   individual Parties regarding the implementation
   of the Convention
2. Make recommendations to the Party concerned
3. 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
4. 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
5. Issue declarations of non-compliance
6. Issue cautions
7. Suspend the special rights and privileges
   accorded to the Party concerned under the
   Convention
8. Take such other non-confrontational, non-judicial
   and consultative measures.

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International procedures of appeal within
environmental treaties

• 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