Provisions Related to Facilitation Maria Socorro Z. Manguiat Compliance Programme March 2006.

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Presentation transcript:

Provisions Related to Facilitation Maria Socorro Z. Manguiat Compliance Programme March 2006

Objective of this Presentation to develop a common understanding of the modus operandi for the facilitative branch

Overview of the Presentation 1.EB and FB working together 2.Considerations 3.Consequences 4.Drivers 5.Timelines 6.Finality of decisions

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)

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)

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

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))

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))

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

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)

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