Specific submissions

Mandate:

As set out in paragraphs 12 and 13 of Annex VIII to the Rotterdam Convention, the Compliance Committee may assist Parties in resolving compliance difficulties upon receipt of a valid submission.

Specific submissions may be initiated by:

1. A Party that believes it is or will be unable to fully implement or comply with certain obligations under the Rotterdam Convention – known as a Party self-submission (Paragraph 12(a));
2. A Party that is directly affected or likely to be directly affected by another Party’s alleged failure to comply with its obligations under the Rotterdam Convention – known as a Party-to-Party submission. Before making its submission, the Party must undertake consultations with the other Party (Paragraph 12(b)).

The Committee may also assess possible difficulties by a Party with specific obligations to transmit certain information to the Secretariat (information on designated national authorities pursuant Article 4(1), final regulatory action notifications pursuant Articles 5 (1) and (2), and import responses pursuant Article 10), provided that the matter has not been resolved within 90 days by consultation through the Secretariat with the Party concerned – known as a Committee submission (Paragraph 13).

Frequency:

In case of compliance difficulties, Parties wishing to make a Party self-submission or a Party-to-Party submission are encouraged to use the template for specific submissions developed by the Compliance Committee.

It is important to bear in mind that submissions need to be made to the Committee enough in advance of a meeting to allow sufficient time for the processing of the related documents.

Format:

The templates for specific submissions for Parties were developed by the Compliance Committee and the Conference of the Parties encouraged Parties to use the templates for specific submissions by Parties (decision RC-12/6). The forms are available in English only, which is the working language of the Committee.

Any submission, except a Committee submission, under Paragraph 13, is addressed to the Secretariat for onward transmission to the Committee. Both the Party self-submission and the Party-to-Party submission must be made in writing and set out (Paragraph 12):

1. The details as to which specific obligations are concerned; and
2. Information substantiating the submission.

In case of a Party self-submission, the submission:

1. Must also include an assessment of the reason why the Party is unable to meet its obligations;
2. May include suggestions for solutions which the Party considers may be most appropriate to its particular needs.

In case of a Party-to-Party submission, the submission must also set out how the Party is affected or likely to be affected.

Procedures and processes of the Secretariat:

Within two weeks of receiving a submission, the Secretariat forwards:

1. A self-submission to the members of the Committee for consideration at the Committee’s next meeting;
2. A Party-to-Party submission to the Party whose compliance is in question.

The Party whose compliance is in question may present responses and/or comments at every step of the proceedings.

The Committee may decide not to proceed with a submission that it considers to be:

1. De minimis (Paragraph 18(a), Annex VII) ; or
2. Manifestly ill-founded (Paragraph 18(b), Annex VII).