The Barcelona Convention Compliance Committee reflects the firm commitment of the 22 Contracting Parties to the Barcelona Convention to achieve implementation of and compliance with the Barcelona Convention and its Protocols.
The Barcelona Convention Compliance Mechanism at a glance
To facilitate and promote compliance with the obligations under the Barcelona Convention and its Protocols, the Barcelona Convention Compliance Mechanism:
- Establishes a Compliance Committee dedicated to help Parties to implement the Barcelona Convention and its Protocols;
- Establishes a procedure that is non-adversarial, transparent, preventive and non-binding in nature;
- Takes into account the specific situation of each Party, paying particular attention to developing countries;
- Considers specific situations of actual or potential non-compliance by individual Parties with a view to determining the facts and causes of the situation;
- Promotes compliance and addresses cases of non-compliance by providing Parties advice and non-binding recommendations; and
- Considers, at the request of the Meeting of the Contracting Parties, general issues of compliance under the Barcelona Convention and its Protocols.
As the supreme decision-making body of the Barcelona Convention and its Protocols, COP adopts all the Decisions governing the Compliance Committee. This includes the adoption of the biennial Programme of Work of the Compliance Committee and the election of its members, as shown in Decision IG. 24/1 adopted in 2019 by the 21st Meeting of the Contracting Parties.
The legal framework
The Procedures and Mechanisms on Compliance under the Barcelona Convention and its Protocols were adopted in 2008 and amended in 2012, 2013, and 2023.
The Rules of Procedure of the Compliance Committee under the Barcelona Convention and its Protocols were adopted in 2009 and amended in 2013.
Membership
The Compliance Committee consists of 7 Members and 7 Alternate Members. Members and Alternate Members are both nominated by the Parties and elected by the Meeting of the Contracting Parties taking into consideration equitable geographical representation and ensure rotation.
The Members and Alternate Members of the Compliance Committee are nationals of the Parties of the Barcelona Convention. They serve in their individual capacity, objectively and in the best interest of the Barcelona Convention and its Protocols. They have expertise relating to the Barcelona Convention and its Protocols, in areas including scientific, technical, socio-economic, legal and other fields.
| Members Mr. Abdelaziz ZINE Ms. Aysin TURPANACI Ms. Daniela ADDIS Mr. Ezzedine JOUINI-BERZINE Mr. Evangelos RAFTOPOULOS Mr. José JUSTE RUIZ |
Alternate Members Ms. Nancy Khoury Mr Mohammed Salem Hamouda Ms. Xenia LOIZIDOU Ms. Selma OSMANAGIC-KLICO Mr Marko STARMAN Mr Mario SILJEG |
Procedure
(1) Parties, (2) the Secretariat or (3) the Compliance Committee could trigger the compliance mechanism as follows:
(a) Self-trigger procedure: A Party may make a submission as to its own actual or potential situation of non-compliance;
(b) Party-to-Party trigger procedure: A Party may make a submission as to another Party’s situation of non-compliance;
(c) Secretariat trigger procedure: The Secretariat may make a referral as to the difficulties faced by a Party in complying with its obligations under the Barcelona Convention and its Protocols; and
(d) Committee trigger procedure: The Compliance Committee may make a referral as to any difficulties encountered by a Party in the implementation of the Barcelona Convention and its Protocols. Under this procedure, communications addressed to the Compliance Committee by the public and observers are subject to the Admissibility Criteria of Relevant Information Sources and Procedures under Paragraph 23.bis of the Procedures and Mechanisms on Compliance under the Barcelona Convention and its Protocol, as contained in Decision IG. 23/2
Measures
The Compliance Committee may take the following measures with a view to promoting compliance and addressing cases of non-compliance:
(a) To give advice and, as appropriate, facilitate assistance;
(b) To invite and/or assist the Party concerned to draw up a plan of action to bring the Party into compliance;
(c) To invite the Party concerned to submit progress reports on its efforts to comply with its obligations under the Barcelona Convention and its Protocols; and
(d) To make recommendations to the meetings of Contracting Parties on cases of non-compliance.
