A good example of lessons learned in generating information on the status of compliance comes from the experiences gathered under the UNFCCC and the Kyoto Protocol. Under the UNFCCC, Parties undertake to generate information vital to the implementation of the MEA, that is, on existing national inventories of sources of greenhouse gases, with a few exceptions. Significantly, too, under the Convention, the COP mandated to establish a multilateral consultative process for resolving questions relating to implementation. The COP of this Convention has been one of the most dynamic supreme body of MEAs as a forum of international cooperation to promote and enhance compliance, especially in the light of the controversies trailing the Kyoto Protocol and compliance issues under the Protocol since its inception in 1997.
Article 18 of the Kyoto Protocol mandated the COP as the Meeting of the Parties to the Kyoto Protocol (COP/MOP), at its joint session to approve “procedures and mechanisms” to determine and address cases of non-compliance with the Protocol.
At COP 7, Parties adopted a decision on the compliance regime for the Kyoto Protocol, which is among the most comprehensive in the international arena. It makes up the “teeth” of the Kyoto Protocol, facilitating, promoting and enforcing adherence to the Protocol’s commitments.
The compliance regime consists of a Compliance Committee made up of two branches: a Facilitative Branch and an Enforcement Branch. The Facilitative Branch aims to
provide advice and assistance to Parties in order to promote compliance, whereas the Enforcement Branch has the power to apply consequences to Parties not meeting their commitments. The Facilitative Branch can make recommendations and also mobilise financial and technical resources to help Parties comply.
A potential compliance problem — known as the “question of implementation” — can be raised by an expert review team or by a Party about its own compliance (for example, if it wishes to seek help from the Facilitative Branch), or by a Party raising questions about another Party.
After a preliminary examination, the “question of implementation” will be considered in the relevant branch of the Compliance Committee. The Compliance Committee will base its deliberations on reports from experts review teams, the subsidiary bodies, Parties and other official sources. Competent intergovernmental and non-governmental organisations may submit relevant factual and technical information on the relevant branch.
For more information, contact the UNFCCC Secretariat at secretariat@unfccc.int