Meeting Documents

1. Opening of the meeting.

2. Organizational matters:

1. Opening of the meeting.

1. The fourteenth meeting of the Committee Administering the Mechanism for Promoting Implementation and Compliance (‘the Committee’) will be convened through electronic means, as agreed by the Bureau of the Committee in light of the current COVID-19 pandemic situation, from 29 June to 3 July 2020 and, subject to confirmation, during supplementary sessions convened from 21 to 24 September 2020, either face to face or, should this still not be possible, through electronic means. The meeting will be opened by the Chair of the Committee, Mr. Florisvindo Furtado (Cabo Verde), at 3 p.m. on Monday, 29 June 2020, following a meeting of the Bureau of the Committee convened at 2.30 p.m.

Item 1

Opening of the meeting

1. During its online sessions convened from 29 June to 3 July 2020, the Committee completed its consideration of the opening of the meeting (item 1).

1. As referred in the report of the 2125 September 2020 sessions of the fourteenth meeting of the Committee Administering the Mechanism for Promoting Implementation and Compliance (UNEP/CHW/CC.14/8/Add.1, paragraph 61), the Committee agreed to further consider the outstanding items of its agenda prior to the end of 2020, as follows: item 3 (j) on the specific submission regarding Liberia; item 3 (r) on the specific submission by Togo; item 4 (a) (i) on the classification of compliance performance with reporting for 2017; item 4 (c) (ii) on guidance on the implementation of paragraph 4 of Article 6 of the Convention on transit transboundary movements; item 4 (e) on the review of guidance; and item 5 on the work programme of the Committee for 20222023. In addition, under item 4 (a) (i), the Committee may also consider the classification of compliance performance (2016) in light of updates brought to the classification subsequently to the 2125 September 2020 sessions of the fourteenth meeting of the Committee.

Item 2

1. As mentioned in the report of the 7 December 2020 session of the fourteenth meeting of the Committee Administering the Mechanism for Promoting Implementation and Compliance (UNEP/CHW/CC.14/8/Add.2, paragraph 29), the Committee decided to suspend its fourteenth meeting and requested the Chair to put forward a proposal for resumed sessions of the Committee in light of the arrangements agreed for the convening of the face-to-face segment of the twelfth meeting of the Open-ended Working Group. On 17 June 2021, the Bureau of the Open-ended Working Group agreed, in principle, for the face-to face segment to be held as a standalone meeting in Nairobi in April or May 2022 subject to the final agreement of one of the regions, and taking into account, among other things, developments in relation to the COVID-19 pandemic. During the online segment of its fifteenth meeting (2630 July 2021), the Conference of the Parties decided to adjourn the meeting and to resume it in a face-to-face format in Geneva, from 6 to 17 June 2022.

Note by the Secretariat

I. Introduction

1. By its decision BC-14/15, the Conference of the Parties at its fourteenth meeting adopted the work programme for the biennium 20202021 of the Committee administering the Mechanism for Promoting Implementation and Compliance, attached to that decision, whereby it mandated the Committee, among other things, to undertake several activities with a view to improving timely and complete national reporting under paragraph 3 of Article 13 of the Convention, as follows:

Note by the Secretariat

I. Introduction

1. As is mentioned in the note by the Secretariat on national reporting (UNEP/CHW/CC.14/3), the annex to the present note sets out a draft classification of Parties’ compliance performance with their national reporting obligation for 2016.

Note by the Secretariat

I. Introduction

1. During its online sessions convened from 29 June to 3 July 2020, the Committee initiated its consideration of the agenda item on reporting with respect to the classification of compliance performance (item 4 (a) (i)), the targets (item 4 (a) (ii)) and the recommendations on how best to make use of the information contained in the national reports (item 4 (a) (v)), on the basis of documents UNEP/CHW/CC.14/3 and UNEP/CHW/CC.14/3/Add.1. During those sessions, the Committee also completed its consideration of the subitems on the integration into the United Nations Development Assistance Framework (item 4 (a) (iii)), the activities of entities aimed at assisting Parties transmit national reports (item 4 (a) (iv), and the measures not included under paragraphs 20 (a) and (b) of the terms of reference (item 4 (a) (vi)), on the basis of documents UNEP/CHW/CC.14/3, UNEP/CHW/CC.14/3/Add.3, UNEP/CHW/CC.14/3/Add.4 and UNEP/CHW/CC.14/3/Add.6.

Note by the Secretariat

I. Introduction

1. As is mentioned in the note by the Secretariat on national reporting (UNEP/CHW/CC.14/3/Rev.1), the annex to the present note sets out a revised draft classification of Parties’ compliance performance with their national reporting obligation for 2016. The classification was revised subsequently to the online sessions of the fourteenth meeting of the Committee held on 29 June3 July 2020, taking into account the feedback received from 13 Parties by 26 August 2020, namely from Belarus, Belgium, Brazil, Denmark, Finland, France, Lesotho, Maldives, Paraguay, Qatar, South Africa, Suriname and Tunisia, on the draft classification set out in the annex to document UNEP/CHW/CC/14/3/Add.1.

Note by the Secretariat

I. Introduction

1. The annex to the present note sets out a revised draft classification of Parties’ compliance performance with their national reporting obligation for 2016. A first draft classification was considered during the online sessions of the fourteenth meeting of the Committee held from 29 June to 3 July 2020 (UNEP/CHW/CC.14/3/Add.1). The classification was revised subsequently to those sessions taking into account the feedback received from 13 Parties by 26 August 2020, namely from Belarus, Belgium, Brazil, Denmark, Finland, France, Lesotho, Maldives, Paraguay, Qatar, South Africa, Suriname and Tunisia (UNEP/CHW/CC.14/3/Add.1/Rev.1). The draft classification set out in the annex to the present note takes into account corrections regarding the review of completeness of answers to table 1 of the reporting format as made available to Parties for the year 2016. As a result of these corrections, three Parties (Bolivia, Iceland and Lithuania) that had previously been classified as having submitted an incomplete report are now listed as having transmitted a complete report.

Note by the Secretariat

I. Introduction

1. As is mentioned in the note by the Secretariat on national reporting (UNEP/CHW/CC.14/3/Rev.1), the present note is to support the Committee in preparing recommendations on the revision of the targets for the reports due for 2018 and subsequent years in light of the draft classifications of Parties’ compliance performance with their national reporting obligation for the years 2016 and 2017, for the consideration of the Conference of the Parties.

Note by the Secretariat

I. Introduction

1. During its online sessions convened from 29 June to 3 July 2020 and from 21 to 25 September 2020, the Committee completed its consideration of all subitems of agenda 4 (a) on national reporting but the classification of compliance performance under item 4 (a) (i), on the basis of documents UNEP/CHW/CC.14/3, UNEP/CHW/CC.14/3/Rev.1 and UNEP/CHW/CC.14/3/Add.1 to UNEP/CHW/CC.14/3/Add.6.

Note by the Secretariat

As is mentioned in the note by the Secretariat on national reporting (UNEP/CHW/CC.14/3), the annex to the present note sets out a report exploring how individual Parties can integrate national reporting needs under the Basel Convention into the United Nations sustainable development cooperation framework.

Note by the Secretariat

As is mentioned in the note by the Secretariat on national reporting (UNEP/CHW/CC.14/3), the annex to the present note sets out a report on the activities undertaken by or with the support of BCRCs, UNEP and other entities aimed at assisting Parties to transmit national reports and setting out recommendations on improving implementation and compliance with paragraph 3 of Article 13 of the Convention.

Note by the Secretariat

As mentioned in the note by the Secretariat on national reporting (UNEP/CHW/CC.14/3/Rev.1) the annex to the present note sets out possible recommendations on how best to make use of the information contained in the national reports with the aim of improving timely and complete national reporting under paragraph 3 of Article 13 of the Convention, for consideration by the Committee.

Note by the Secretariat

As is mentioned in the note by the Secretariat on national reporting (UNEP/CHW/CC.14/3), the annex to the present note sets out a report elaborating and further assessing measures not included under paragraphs 20 (a) and (b) of the terms of reference of the Mechanism for Promoting Implementation and Compliance with the Basel Convention that may be required when a Party has not submitted its national report for two or more years since the report due for 2016.

Note by the Secretariat

I. Introduction

1. As is mentioned in the note by the Secretariat on national reporting (UNEP/CHW/CC.14/3/Rev.1), the annex to the present note sets out a draft classification of Parties’ compliance performance with their national reporting obligation for 2017 based on national reports transmitted by 21 July 2020.

Note by the Secretariat

I. Introduction

1. As is mentioned in the note by the Secretariat on national reporting (UNEP/CHW/CC.14/3/Rev.2), the annex to the present note sets out a revised draft classification of Parties’ compliance performance with their national reporting obligation for 2017. The classification was revised subsequently to the online sessions of the fourteenth meeting of the Committee held from 21 to 25 September 2020, taking into account the feedback on the draft classification set out in the annex to document UNEP/CHW/CC.14/3/Add.7 received from 13 Parties by 13 November 2020, namely from Belgium, Brazil, Colombia, Denmark, Eritrea, Finland, France, Japan, Maldives, Pakistan, Slovenia, South Africa, and Trinidad and Tobago, as well as three reports transmitted by Cambodia, Luxembourg and the Russian Federation.

Note by the Secretariat

I. Introduction

1. By its decision BC-14/5, the Conference of the Parties at its fourteenth meeting adopted the work programme for the biennium 20202021 of the Committee administering the Mechanism for Promoting Implementation and Compliance, annexed to that decision, whereby it mandated the Committee, among other things, to undertake activities with the objective of preventing and combating illegal traffic, as follows:

Note by the Secretariat

As is mentioned in the note by the Secretariat on illegal traffic (UNEP/CHW/CC.14/4), the annex to the present note sets out a report on scoping the extent of illegal traffic.

Note by the Secretariat

As is mentioned in the note by the Secretariat on illegal traffic (UNEP/CHW/CC.14/4), the annex to the present note sets out a report on how to better assist Parties to enhance coordination between their competent authorities and enforcement entities.

Note by the Secretariat

As is mentioned in the note by the Secretariat on illegal traffic (UNEP/CHW/CC.14/4), the annex to the present note sets out a report to support the dialogue with other multilateral environmental agreements with international trade control regimes to learn from their experience. In addition to the multilateral environmental agreements mentioned in that note, and pursuant to the conclusions reached by the Committee during its 29 June–3 July online sessions, the report includes information from the Barcelona Convention. A compilation of information received from the multilateral environmental agreements is set out in the annex to document UNEP/CHW/CC.14/INF/11.

Note by the Secretariat

As is mentioned in the note by the Secretariat on illegal traffic (UNEP/CHW/CC.14/4), the annex to the present note sets out a report on the review the information provided by Parties in response to question 1 (c) of the national reporting format and recommendations to improve the implementation of paragraphs 3 and 4 of Article 4 of the Basel Convention as they relate to preventing and combating illegal traffic.

Note by the Secretariat

As is mentioned in the note by the Secretariat on illegal traffic (UNEP/CHW/CC.14/4), the annex to the present note sets out a report reviewing existing cooperative arrangements with international organizations or entities with a mandate regarding preventing and combating illegal traffic, including the terms of reference of ENFORCE, with a view to strengthening such arrangements.

Note by the Secretariat

As is mentioned in the note by the Secretariat on illegal traffic (UNEP/CHW/CC.14/4), the annex to the present note sets out a report reviewing existing cooperative arrangements with international organizations or entities with a mandate regarding preventing and combating illegal traffic, including the terms of reference of ENFORCE, with a view to strengthening such arrangements.

Note by the Secretariat

As is mentioned in the note by the Secretariat on illegal traffic (UNEP/CHW/CC.14/4), the annex to the present note sets out a report exploring modalities for disseminating, especially to enforcement entities, existing guidance and technical assistance tools developed under the Convention to assist Parties to prevent and combat illegal traffic.

Note by the Secretariat

As is mentioned in the note by the Secretariat on illegal traffic (UNEP/CHW/CC.14/4), the annex to the present note sets out a report on the activities undertaken under the Convention since the fourteenth meeting of the Conference of the Parties, to prevent and combat illegal traffic, with a focus on the activities of the Secretariat aimed at assisting Parties prevent and combat illegal traffic, as well as recommendations to improve implementation and compliance with Article 9 of the Convention.

1. Opening of the meeting.

I. Introduction

1. By its decision BC-14/5, the Conference of the Parties at its fourteenth meeting adopted the work programme for the biennium 20202021 of the Committee administering the Mechanism for Promoting Implementation and Compliance, annexed to that decision, whereby it mandated the Committee, among other things, to undertake activities with the objective of improving implementation of and compliance with paragraph 4 of Article 4 and paragraph 5 of Article 9 of the Convention, as follows:

1. Opening of the meeting.

As is mentioned in the note by the Secretariat on national legislation (UNEP/CHW/CC.14/5), the annex to the present note sets out a report on activities undertaken by or with the support of the Basel Convention regional and coordinating centres, the United Nations Environment Programme and other entities aimed at assisting Parties to develop legal frameworks for the implementation of the Basel Convention.

Note by the Secretariat

I. Introduction

1. By its decision BC-14/15, the Conference of the Parties at its fourteenth meeting adopted the work programme for the biennium 20202021 of the Committee administering the Mechanism for Promoting Implementation and Compliance, attached to that decision, whereby it mandated the Committee, among other things, to undertake several activities with a view to improve the implementation of and compliance with Article 6 of the Convention, as follows:

Note by the Secretariat

As is mentioned in the note by the Secretariat on the control system (UNEP/CHW/CC.14/6), the annex to the present note sets out a report on the information provided by Parties in response to questions 3 (g) and 3 (h) of the reporting format in their reports for 2016 and 2017.

Note by the Secretariat

I. Introduction

1. By its decision BC-14/15, the Conference of the Parties at its fourteenth meeting adopted the work programme for the biennium 20202021 of the Committee administering the Mechanism for Promoting Implementation and Compliance, attached to that decision, whereby it mandated the Committee, among other things, to undertake several activities with a view to improve the implementation of and compliance with Article 6 of the Convention, as follows:

Note by the Secretariat

As is mentioned in the note by the Secretariat on the control system (UNEP/CHW/CC.14/6), the annex to the present note sets out revised guidance on the implementation of paragraph 4 of Article 6 of the Convention on transit transboundary movements for consideration by the Committee.

Note by the Secretariat

As is mentioned in the note by the Secretariat on the control system (UNEP/CHW/CC.14/6/Rev.1), the annex to the present note sets out revised draft guidance on the implementation of paragraph 4 of Article 6 of the Convention on transit transboundary movements for consideration by the Committee.

Note by the Secretariat

As is mentioned in the note by the Secretariat on the control system (UNEP/CHW/CC.14/6), the annex to the present note sets out revised guidance to improve the implementation of paragraph 11 of Article 6 of the Convention, on insurance, bond and guarantee for consideration by the Committee.

I. Introduction

1. In accordance with paragraph 24 of the terms of reference of the mechanism for promoting implementation and compliance of the Basel Convention, the Committee administering the mechanism (hereinafter “the Committee”) shall report to each ordinary meeting of the Conference of the Parties on its suggestions for any future work that may be required on general issues of compliance and implementation, for the consideration and approval of the Conference of the Parties. It is standing practice by the Committee to also include in its proposed work programme activities pertaining to specific submissions.

I. Introduction

1. During the online sessions of its fourteenth meeting convened from 29 June to 3 July 2020, the Committee heard an oral report by the Secretariat on the work programme of the Committee for 20222023 following which it requested the Secretariat to prepare, under the guidance of the Chair, and for consideration prior to the fifteenth meeting of the Conference of the Parties, a draft work programme for 2022-2023.

I. Introduction

1. During the online sessions of its fourteenth meeting convened from 29 June to 3 July 2020, the Committee heard an oral report by the Secretariat on the work programme of the Committee for 20222023 following which it requested the Secretariat to prepare, under the guidance of the Chair, and for consideration prior to the fifteenth meeting of the Conference of the Parties, a draft work programme for 20222023.

I. Opening of the meeting

1. The first part of the fourteenth meeting of the Committee Administering the Mechanism for Promoting Implementation and Compliance (‘the Committee’) was held online from 29 June to 3 July 2020. Mr. Florisvindo Furtado, Chair of the Committee, opened the meeting at 3.00 p.m. He welcomed Committee members and observers and thanked them for participating in the meeting despite the extraordinary circumstances due to the COVID-19 pandemic. On behalf of the Committee, he expressed his appreciation to the governments of Norway and Switzerland for their generous financial contributions to support the work of the Committee. Mr. Furtado also thanked those Committee members that were making in-kind contributions to the Committee by taking the lead on specific activities of the work programme of the Committee.

1. As referred to in document UNEP/CHW/CC.14/8 on the report of the fourteenth meeting of the Basel Convention Implementation and Compliance Committee (Geneva, online, 29 June3 July 2020), the Committee suspended its meeting at the end of its 3 July 2020 session, it agreed to resume the fourteenth meeting of the Committee for supplementary online sessions from 21 to 25 September 2020 to complete its work. Taking into account developments with the COVID-19 pandemic, it requested to the Secretariat to provide the Committee at the beginning of its resumed sessions in September 2020 with an update on the possibility for the Committee to convene face-to-face sessions prior to the fifteenth meeting of the Conference of the Parties, or after the fifteenth meeting of the Conference of the Parties and prior to 31 December 2021, with a preference for such session to be held back-to-back to possible face-to-face sessions of the twelfth meeting of the Open-ended working Group.

1. As referred to in document UNEP/CHW/CC.14/8/Add.1 on the report of the fourteenth meeting of the Basel Convention Implementation and Compliance Committee (Geneva, online, supplementary sessions, 2125 September 2020), the Committee suspended its meeting at the end of its 25 September 2020 session, it agreed to resume the fourteenth meeting of the Committee for a session online scheduled to take place during the week of 7 December 2020.

1. As mentioned in the report of the 7 December 2020 session of the fourteenth meeting of the Committee Administering the Mechanism for Promoting Implementation and Compliance (UNEP/CHW/CC.14/8/Add.2, paragraph 29), the Committee decided to suspend its fourteenth meeting at the outset of its 7 December 2020 session and requested the Chair to put forward a proposal for resumed sessions of the Committee in light of the arrangements agreed for the convening of the face-to-face segment of the twelfth meeting of the Open-ended Working Group.

I. Introduction

1. By its decision BC-14/15, the Conference of the Parties at its fourteenth meeting adopted the work programme for the biennium 20202021 of the Committee administering the Mechanism for Promoting Implementation and Compliance, attached to that decision, whereby it mandated the Committee, among other things, to generally improve the implementation of and compliance with the Basel Convention by regularly review the guidance on legal matters developed by the Committee (e.g., the Manual for the Implementation of the Basel Convention, the Guide to the Control System and the Guidance on Illegal Traffic), based on periodic feedback from users and suggestions from stakeholders and in the light of decisions adopted by the Conference of the Parties, and make recommendations to the Conference of the Parties on their updating.

Note by the Secretariat

As referred to in document UNEP/CHW/CC.14/1/Add.1, the annex to the present note contains a tentative schedule for the work of the Committee Administering the Mechanism for Promoting Implementation and Compliance at its fourteenth meeting, for its online sessions convened from 29 June to 3 July 2020. It is intended to assist members of the Committee in planning their work during the meeting. The present note, including its annex, has not been formally edited.

Note by the Secretariat

As referred to in document UNEP/CHW/CC.14/1/Add.2, the annex to the present note contains a tentative schedule for the work of the Committee Administering the Mechanism for Promoting Implementation and Compliance at its fourteenth meeting, for its resumed online sessions convened from 21 to 25 September 2020. It is intended to assist members of the Committee in planning their work during the meeting. The present note, including its annex, has not been formally edited.

Note by the Secretariat

As referred to in document UNEP/CHW/CC.14/1/Add.3, the annex to the present note contains a tentative schedule for the work of the Committee Administering the Mechanism for Promoting Implementation and Compliance at its fourteenth meeting, for its resumed online session convened on 7 December 2020. It is intended to assist members of the Committee in planning their work during the meeting. The present note, including its annex, has not been formally edited.

Note by the Secretariat

As referred to in document UNEP/CHW/CC.14/1/Add.4, the annex to the present note contains a tentative schedule for the work of the Committee Administering the Mechanism for Promoting Implementation and Compliance at its fourteenth meeting, for its resumed online sessions convened from 15 to 18 November 2021. It is intended to assist members of the Committee in planning their work during the meeting. The present note, including its annex, has not been formally edited.

Note by the Secretariat

As is mentioned in the note by the Secretariat on illegal traffic: dialogue with other multilateral environmental agreements (UNEP/CHW/CC.14/4/Add.3), the annex to the present note sets out a compilation of the information received from the multilateral environmental agreements.

Note by the Secretariat

As is mentioned in the note by the Secretariat on the annotations to the agenda (UNEP/CHW/CC.14/1/Add.2), the annex to the present note sets out a compilation of comments received from Parties and observers by 15 September 2020 in the context of the consultations with the twelfth meeting of the Open-ended Working Group on the revised guidance on the implementation of paragraph 4 of Article 6 of the Convention on transit transboundary movements (UNEP/CHW/CC.14/6/Add.2). The present note, including its annex, has not been formally edited.

Note by the Secretariat

As is mentioned in the note by the Secretariat on the annotations to the agenda (UNEP/CHW/CC.14/1/Add.2), the annex to the present note sets out a compilation of comments received from Parties and observers by 15 September 2020 in the context of the consultations with the twelfth meeting of the Open-ended Working Group on the revised guidance on the implementation of paragraph 4 of Article 6 of the Convention on transit transboundary movements (UNEP/CHW/CC.14/6/Add.2). The present note, including its annex, has not been formally edited.

Note by the Secretariat

As is mentioned in the note by the Secretariat on the annotations to the agenda (UNEP/CHW/CC.14/1/Add.2), the annex to the present note sets out a compilation of comments received from Parties and observers by 15 September 2020 in the context of the consultations with the twelfth meeting of the Open-ended Working Group on the revised guidance to improve the implementation of paragraph 11 of Article 6 of the Convention, on insurance, bond and guarantee (UNEP/CHW/CC.14/6/Add.3). As of the deadline no comments had been received from observers. The present note, including its annex, has not been formally edited.

Note by the Secretariat

As is mentioned in the note by the Secretariat on improving the implementation and compliance with obligations under the Convention: review of guidance (UNEP/CHW/CC.14/7), and in the note by the Secretariat on the work programme for 2022−2023 (UNEP/CHW/CC.14/9), the annex to the present note sets out a compilation of comments received from Parties and observers by 25 November 2020 in response to the invitation by the Committee to provide views on the need to update guidance on legal matters developed by the Committee and adopted by the Conference of the Parties during its twelfth and thirteenth meetings, and on the annotated draft work programme of the Committee for the biennium 2022-2023 prepared in furtherance to the 21-25 September 2020 sessions of the fourteenth meeting of the Committee. The present note, including its annex, has not been formally edited.

Note by the Secretariat

As is mentioned in the note by the Secretariat on the control system (UNEP/CHW/CC.14/6/Rev.1), the present note sets out, in its annex I, a summary and analysis of the responses received to the May 2021 questionnaire of the Committee on transit transboundary movements, and in its annex II, a compilation of Parties’ definitions and understandings of the meaning of the terms “transit” and “State of transit”, for consideration by the Committee.