Information exchanged at the meeting of the Chairs of the MEA compliance and implementation bodies

Item 4Possible remedies for non-compliance with reporting obligations

Presentation from Sandra Ashcroft, Chair of the WGI Industrial Accidents

Convention4th meeting of WGD 28 – 29 April 2014

Non-compliancewith reporting obligations

• Considered as an important obligation: basis for assessing whether there is compliance with substantive Treaty obligations

• Different practice by Committees:- Aarhus Convention Compliance Committee:

- Decision on the review of compliance: “Monitor, assess and facilitate the implementation of and compliance with the reporting requirements”

- In reality, focus on substantive cases due to prioritization and time constraints

Non-compliancewith reporting obligations

– Air Convention Implementation Committee

• Since establishment in 1997, review and draft decisions on non-compliance with reporting obligations recommended to and adopted by the Executive Body

• Since 2013, new process of secretariat referrals regarding potential non-compliance with any obligations by Parties incl. reporting obligations

Non-compliancewith reporting obligations

– Espoo/SEA Implementation Committee

• 2nd amendment to the Espoo Convention (not yet in force) foresees that “review of compliance shall be based on, but not limited to, regular reporting by the Parties” • Implementation Committee explores cases of non-

compliance with reporting obligations

Questions for Industrial Accidents Convention

• Do we want to explore remedies for non-compliance with reporting arrangements?

• What kinds of remedies for non-compliance with reporting obligations would fit with the ethos of what the Convention sets out to achieve?

Thank you