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Compliance Mechanism under the Aarhus Convention

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

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Compliance Mechanism under the Aarhus Convention

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

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

  3. (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

  4. (2) Compliance Committee • Legal nature: • Article 15 of the Convention • DecisionІ/7of the first Meeting of the Parties (MP), 2002 • Rules of procedure (Modus Operandi)

  5. (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

  6. (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

  7. 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) (5) Process of communication consideration by the Committee

  8. (6) Decision of the Committee • Introduction • Summary of facts • Consideration and evaluation by the Committee • Conclusion • Main findings • Recommendations

  9. (7) Measures undertaken versus the Party • 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.

  10. 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 onPRTR Mechanism of Compliance of the Protocol on Water and Health

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