TEMPLATES
for preparing the Implementation Committee’s report to the Executive Body
or the meeting minutes and
the draft recommendations on compliance with emission reduction obligations
Background
At its 32nd meeting, the CLRTAP Implementation Committee discussed a proposal by the member of the
United States to create templates for the formulation of the text for the ‘background’ and the ‘considerations’
part for each of the submissions or referrals under review to be included into the report or the minutes of the IC
as well as for the drafting of the IC’s recommendations to the EB. Such templates could be made available on
the “reference documents” section of the “member’s area” of the IC webpage. The templates could facilitate
the knowledge and information sharing amongst IC members, in particular new members, and help preserve
institutional memory. The secretariat proposed to create such templates, in cooperation with the member of the
United States.
Templates for drafting of the report of the Implementation Committee to the Executive Body
or the meeting minutes
In accordance with the Implementation Committee’s practice, minutes are prepared as a record of the first
meeting of the year. The minutes are posted on the password-protected pages of the “members’ area” of the
Implementation Committee for the Committee’s future reference.
Following the second meeting of the year, the IC prepares a formal report to the Executive Body, in
accordance with para 9 of its terms of reference. This formal report captures also the considerations and
conclusions regarding the cases reviewed during the first meeting of the year which are reflected, in the same
format, as the EB report, in the minutes.
For each case under its consideration (in follow-up to an Executive Body decision, a referral by the secretariat
or a submission), the minutes and report consist of the following two sections: A) Background and B)
Considerations. In case the IC is ready to make a recommendation to the EB for further action relating to the
case, a draft “recommendation” is added. All recommendations are contained in a formal document for the
attention of the Executive Body in addition to the IC report to the Executive Body. In 2013, due to the large
amount of cases under its consideration and in light of the word limits for official documents, the IC report to
the EB consisted of two formal documents.
The following templates could be used by IC members in drafting language for meeting minutes or the IC
report in cases involving compliance by Parties with their emission reduction obligations:
A) Background
In case of a Follow up to an EB Decision:
1. In decision 20XX/XX the Committee was requested to review PARTY’s progress [and
timetable] for achieving compliance with article X, paragraph X of the PROTOCOL1.
1
See listing at the end of this document for a reference to articles on emission reduction obligations in the
respective Protocols.
1
2. The secretariat informed the Committee that it had communicated the decision to PARTY
and had received a response [or: no response] to its letter indicating that PARTY [fill in
details contained in the information received from the Party]. [Or, if appropriate: At the
request of the Committee, the secretariat sent a letter to PARTY [fill in reasons for letter, e.g.
regarding the type of information the Committee requested from the Party]. PARTY provided
information [or: no information] to the Committee.]
In case of a secretariat referral:
1.
The Committee considered the secretariat’s referral concerning PARTY’s compliance
with the PROTOCOL. According to the latest emission data, POLLUTANT emissions
were XX tons/kilograms/grams in YEAR compared to the emissions of XX
tons/kilograms/grams in BASEYEAR, the base year for PARTY [or: which was above
PARTY’s emission ceiling2 of XX tons/kilograms/grams], an exceedance of XX per
cent. This information suggested that PARTY was in non-compliance with its obligation
under article X, paragraph X of the PROTOCOL.
2.
The secretariat had informed PARTY about the intention to refer the issue to the
Committee and of the opportunity to provide a response, which PARTY had done [or:
however no response had been provided by PARTY]. In a subsequent letter, the
secretariat had informed PARTY about the referral of its case, indicating that the issue
would be on the agenda of the NUMBER session of the Committee. PARTY provided
[or: did not provide] further information in response to the letter by the secretariat.
To add IF the Party was invited to attend the IC’s meeting:
The secretariat reminded PARTY of the invitation by the Committee to attend its next
meeting. PARTY informed the secretariat that it would [would not] attend.
B) Consideration
In case of a Follow up to an EB Decision:
3.
The Committee noted that the latest officially submitted data showed that POLLUTANT
emissions in PARTY in YEAR were XX tons/kilograms/grams, which was
[above][below] the BASE YEAR target level [or emission ceiling] of X
tons/kilograms/grams. [Note: if below, can skip remaining considerations and move to
conclusions]
In all cases:
4.
The Committee was thankful for the information provided by PARTY [or: The
Committee noted that PARTY still had not provided the information requested in
decision 20XX/X].
5.
(brief summary of the most important information provided by the PARTY as well as the
Committee’s discussions on this issue to be included into the minutes or the official
report; summary should especially note any unusual issues or issues of broader
importance that warrant EB attention)
6.
The Committee noted the information provided by PARTY on its efforts to comply with
its obligation to reduce POLLUTANT emissions, and noted that the emission trend
showed some improvement [or: but also noted that the situation of non-compliance had
not improved.]
IF the Party was present at the Committee’s meeting:
In its discussions with the Committee, PARTY raised the issue of /indicated that …
2
Emission ceilings have been set for the 1999 Gothenburg Protocol and the 1994 Sulphur Protocol.
2
(brief summary of main pertinent issues raised by the Party of relevance to the
matter under review)
IF the Committee wants to request further information from the Party:
The Committee therefore requested the secretariat to send a letter to PARTY to
provide additional information on:
(include here the additional information requested by the Committee in order to be able to
evaluate the Party’s potential non-compliance – for example:
(a)
A list of the specific measures PARTY intends to take to fulfil its emission
reduction obligations under the Protocol; and
(b)
The quantitative and projected effects of further and more effective
measures to reduce its POLLUTANT emissions up to and including the year of predicted
compliance.)
(c)
compliance;
A revised timetable specifying the year by which PARTY expects to be in
The Committee might also ask for specific information related to a particular issue in
question.)
IF the Committee noticed that the Party had mentioned the inventory adjustment
procedure in its response to a communication from the secretariat, sent at the request of
the Committee:
The secretariat was also requested to include in the letter language
(a) Indicating that the Committee noted that PARTY had mentioned the inventory adjustment
procedure set out in Decisions 2012/3 and 2012/12 and 2012/4; and
(b) Indicating that the Committee will suspend action on referrals from the secretariat related
to a Party’s compliance with its emission reduction commitments and would not consider any
additional information only where a Party has provided notification of its intent to apply an
adjustment.
Possible conclusions by the Committee to be included into the considerations part:
a) IF the conclusion is non-compliance:
The information provided to the Committee indicated that PARTY was in noncompliance with its obligation under article X, paragraph X, of the PROTOCOL with
respect to POLLUTANT.
b) IF the case is being kept open without a recommendation to the Executive Body:
In light of [information expected to be received; or upcoming developments], the
Committee decided not to make a recommendation to the Executive Body at this time.
[If appropriate: The Committee requested the secretariat to invite PARTY to provide to
the Committee further information on (insert here information to be provided to the
Committee).]
c)
IF the case can be closed:
The Committee concluded that there was no reason to further review the compliance of PARTY.
3
Templates for the drafting of the Implementation Committee’s recommendations to the Executive
Body concerning compliance by Parties with their emission reduction obligations
a) Template for recommendations to the EB in follow-up to a previous EB Decision
Draft decision concerning compliance by PARTY with the PROTOCOL (ref. X/XX
(pollutant))
The Executive Body,
Acting under paragraph 11 of the structure and functions of the Implementation Committee and
the procedure for review (ECE/EB.AIR/113/Add.1, decision 2012/25, Annex),
1.
Recalls its decisions 20XX/X, 200Y/Y,…;
2.
(list all related previous Executive Body Decisions)
3.
Notes the XX. report of the Implementation Committee on the follow-up to decision 20XX/X
on PARTY’s compliance with its obligation under article X, paragraph X, of the
PROTOCOL, based on the information provided by PARTY in MONTH/YEAR
(ECE/EB.AIR/XX, paras. XX-XX);
4.
Notes with concern/Remains [very] concerned that, in spite of the efforts made, PARTY
still fails to fulfil its obligation to reduce the emissions of POLLUTANT listed in annex XX
of the Protocol from their level in BASE YEAR [or: in accordance with its emission
ceiling] by taking effective measures, as required by article XX, paragraph XX, of the
Protocol;
5.
Urges PARTY to fulfil its obligation under the PROTOCOL as soon as possible;
6.
Requests PARTY to provide the Implementation Committee, through the secretariat, by
DEADLINE, with:
(list of information required regarding certain measures, reports, etc.)
7.
Requests the Implementation Committee to review the progress [and timetable] of PARTY,
and to report to the Executive Body thereon at its NUMBER session in YEAR.
b) Template for recommendations to the EB
secretariat
based on a referral by the
Draft decision concerning compliance by PARTY with the PROTOCOL (ref. X/XX
(pollutant))
The Executive Body,
Acting under paragraph 11 of the structure and functions of the Implementation Committee and
the procedure for review (ECE/EB.AIR/113/Add.1, decision 2012/25, Annex),
1.
Notes the XX. report of the Implementation Committee concerning the compliance by
PARTY with its obligation under article X, paragraph X of the PROTOCOL with respect
to POLLUTANT emissions (ECE/EB.AIR/XX, paras. XX–YY), following the referral
by the secretariat pursuant to paragraph 5 of the Implementation Committee, its structure
and functions and procedures for review (ECE/EB.AIR/113/Add.1, decision 2012/25,
Annex);
2.
Notes with concern that, in spite of the efforts made, PARTY has failed to fulfil its
obligation to reduce the emissions of POLLUTANT listed in annex XX of the
PROTOCOL from their level in BASE YEAR by taking effective measures [or: in
4
accordance with its emission ceiling], as required by article XX, paragraph XX, of the
PROTOCOL3;
3.
Urges PARTY to fulfil its obligation under the PROTOCOL as soon as possible;
4.
Requests PARTY to provide the Implementation Committee, through the secretariat, by
DEADLINE, with:
(list of information required regarding certain measures, reports, etc.)
5.
Requests the Implementation Committee to review the progress [and timetable] of
PARTY, and to report to the Executive Body thereon at its NUMBER session in YEAR.
To add for (a) and (b):
IF information has not been submitted to the Committee despite the Committee’s
requests:
Notes with regret that PARTY did not provide the [additional] information requested by the
Implementation Committee in documents ECE/EB.AIR/XX/X (para. XX);
IF non-compliance is long-lasting
Urges PARTY to [e.g. speed up the implementation of envisaged measures, and to consider
whether there are any further additional measures that could be taken in order to come into
compliance with its obligation under the Protocol];
Strongly urges PARTY to fulfil its obligation under the PROTOCOL as soon as possible;
And/or stronger measures seem to be necessary:
Requests the Executive Secretary to bring this matter to the attention of the Minister of
Foreign Affairs of PARTY, noting that the obligation to reduce emissions of POLLUTANT is a
binding obligation in international law that was accepted by PARTY when it ratified the
PROTOCOL in YEAR;
Calls on PARTY to make a presentation to the next annual session of the Executive Body to
[report on its efforts to achieve compliance; present its progress in implementing measures;
etc.]
Also decides to caution PARTY that stronger measures will be considered by the Executive
Body at its NUMBER session if PARTY should fail to provide the information requested in
paragraph X of this Decision;
IF Committee wants the Party to be present at the next Committee meeting:
Decides to invite PARTY to participate in one of the Committee’s meetings in YEAR to
elaborate on the information provided pursuant to paragraph X and Y above;
5
Relevant paragraph references to insert regarding the obligations to reduce emissions in the
different Protocols:
Gothenburg: article 3, paragraph 1
Heavy Metals: article 3, paragraph 1
POPs: article 3, paragraph 5 (a)
1994 Sulphur: article 2, paragraph 2
VOC: article 2, paragraph 2(a)
NOx: article 2, paragraph 1
1985 Sulphur: article 2
6