Provisions Related to Facilitation

1
Provisions Related to Facilitation

• Maria Socorro Z. Manguiat
• Compliance Programme
• March 2006

2
Objective of this Presentation

• to develop a common understanding of the modus
  operandi for the facilitative branch

3
Overview of the Presentation

• EB and FB working together
• Considerations
• Consequences
• Drivers
• Timelines
• Finality of decisions

4
Working Together

• Designation of one or more members of one branch
  to contribute to the work of the other branch
  (Section II, para. 7)
• Referral of a question of implementation by the
  enforcement branch to the facilitative branch
  (Section IX, para. 12)

5
Other Considerations

• Flexibility for EIT Parties (Section II, para.
  11)
• Common but differentiated responsibilities
  (Section IV, para. 4)
• Circumstances pertaining to the questions before
  it (Section IV, para. 4)

6
Consequences (all Parties)

• advice and facilitation of assistance regarding
  the implementation of the Protocol (Section XIV,
  para. (a))

7
Consequences (EIT Parties)

• Facilitation of financial and technical
  assistance, including technology transfer and
  capacity building from sources other than those
  established under the Convention and the Protocol
  for the developing countries  (Section XIV, para.
  (b))

8
Consequences (Developing Country Parties)

• Facilitation of financial and technical
  assistance, including technology transfer and
  capacity building, taking into account Article 4,
  paragraph 3, 4 and 5, of the Convention (Section
  XIV, para. (c))

9
Drivers

• Questions of implementation indicated in reports
  of expert review teams
• Questions of implementation referred by the EB
• Question of implementation with respect to
  another Party
• Questions of implementation submitted by a Party
  with respect to itself

10
Timelines

• General rule no fixed timelines
• Exception requirement to complete preliminary
  examination within three weeks from receipt of
  the question of implementation (Section VII,
  para. 3)

11
Finality of Decisions

• All decisions of the facilitative branch are
  final and cannot be appealed (see Section XI).