The Conference of the Parties at its Twelfth meeting (Manila, 2017) adopted Resolution 12.9 and Decisions 12.6-12.9 on the establishment of a Review Mechanism to ensure long-term compliance with Articles III.4, III.5, III.7 and VI.2 of the Convention. This process operates by reviewing specific implementation matters of Parties through a supportive, problem-solving, non-adversarial and facilitative approach, and it aims to create a constructive system that encourages Parties to identify and address their challenges in protecting migratory species.
When a matter of non-implementation arises, initial information can be submitted to the Secretariat by:
a) Self-reporting by Party
b) Party-on-Party reporting
c) The Secretariat
d) The Standing Committee
e) Any body or agency technically qualified in protection, conservation and management of migratory species, which is either:
1. An international non-governmental agency or body; or
2. An accredited national non-governmental agency or body
The scope of review includes compliance with the following Articles of the Convention:
4. Parties that are Range States of a migratory species listed in Appendix I shall endeavour:
a) to conserve and, where feasible and appropriate, restore those habitats of the species which are of importance in removing the species from danger of extinction;
b) to prevent, remove, compensate for or minimize, as appropriate, the adverse effects of activities or obstacles that seriously impede or prevent the migration of the species; and
c) to the extent feasible and appropriate, to prevent, reduce or control factors that are endangering or are likely to further endanger the species, including strictly controlling the introduction of, or controlling or eliminating, already introduced exotic species.
5. Parties that are Range States of a migratory species listed in Appendix I shall prohibit the taking of animals belonging to such species. Exceptions may be made to this prohibition only if:
a) the taking is for scientific purposes;
b) the taking is for the purpose of enhancing the propagation or survival of the affected species;
c) the taking is to accommodate the needs of traditional subsistence users of such species; or
d) extraordinary circumstances so require;
provided that such exceptions are precise as to content and limited in space and time. Such taking should not operate to the disadvantage of the species.
7. The Parties shall as soon as possible inform the Secretariat of any exceptions made pursuant to paragraph 5 of this Article.
2. The Parties shall keep the Secretariat informed in regard to which of the migratory species listed in Appendices I and II they consider themselves to be Range States, including provision of information on their flag vessels engaged outside national jurisdictional limits in taking the migratory species concerned and, where possible, future plans in respect of such taking.
The information on an implementation matter shall be communicated to the Secretariat completing the “Template for communication on a possible implementation matter” adopted by the Standing Committee. Please notice that using the “Communication Template” above to report a possible implementation matter, is a necessary condition to make the information acceptable. The Secretariat will determine if the information submitted is admissible based on the following criteria:
1) Is in writing using the template above;
2) Is not anonymous;
3) Is not trivial or ill-founded;
4) Is supported by sufficient evidence substantiating the submission;
5) Includes details as to which specific implementation matters are concerned;
6) Include details on efforts taken to address the matter with the Party concerned
7) Is based on the requirements of the Convention and Resolution 12.9
MODELO DE FORMATO PARA COMUNICAR POSIBLES CUESTIONES RELATIVAS AL CUMPLIMIENTO - Ir al Modelo
MODÈLE POUR LA COMMUNICATION D’ÉVENTUELLES QUESTIONS DE MISE EN OEUVRE - Aller au Modèle
In accordance with Resolution 12.9, following the identification of an implementation matter, and when a Party has not addressed the matter within a reasonable time frame, any of the following measures may be taken by the Standing Committee:
a) provide further advice, information and appropriate facilitation of assistance and other capacity-building support to the Party concerned;
b) request further information or special reporting from the Party concerned;
c) provide in-country assistance, technical assessment or a verification mission, upon consultation and agreement with the Party concerned;
d) issue a written caution, requesting a response and offering assistance;
e) alert other relevant Parties that a Party requires assistance with regard to a particular implementation matter;
f) issue a warning to the Party concerned;
g) request an implementation action plan (developed in consultation between the Standing Committee and the Party concerned) to be submitted to the Standing Committee by the Party concerned identifying challenges and appropriate steps, a time frame for when those steps should be completed and means to assess satisfactory completion.
The Standing Committee will report to the Conference of the Parties on any actions taken pursuant to Resolution 12.9 and including on the status of current reviews.
Parties are urged to cooperate fully with any measures taken by the Standing Committee or the Conference of the Parties.