Developments since entry into force of the Protocol
Fourth meeting of the Compliance Committee (March 2024)
The
Compliance Committee under the Nagoya Protocol held its
fourth meeting in Montreal, Canada, from 25 to 27 March 2024. The Committee considered the
outcomes of the fourth meeting of the Parties to the Protocol regarding items relevant to compliance, general issues of compliance, progress made on the implementation of the Nagoya Protocol and publication of information on the ABS Clearing-House as well as the development of the methodology for the second assessment and review of the effectiveness of the Protocol. The Committee noted many positive developments in the progress made by Parties in complying with core obligations of the Protocol as summarized in documents
CBD/NP/CC/4/3 and
CBD/NP/CC/4/3/Add.1. However, it requested the Executive Secretary to send letters to the Parties that have not yet established access and benefit-sharing measures or institutional arrangements and to those that have relevant information that needs to be made available through the ABS Clearing-House to urge them to take the necessary actions as soon as possible. It requested the Executive Secretary to present the results of those communications to the Committee at its fifth meeting. The Committee agreed on recommendations for consideration by the COP-MOP at its fifth meeting.
COP-MOP 4 (December 2022)
At its
fourth meeting, the COP-MOP considered the
report of the
third meeting of the Compliance Committee under the Nagoya Protocol as well as recommendations made by the Committee. The COP-MOP adopted
decision NP-4/2 urging Parties concerned to expedite the adoption and implementation of their ABS legislative, administrative or policy measures and institutional arrangements, for example the designation of checkpoints; to make available relevant national information to the ABS Clearing-House as soon as possible, and to submit their national report without further delay. The COP-MOP recognized the need for further capacity-building and development, technical and scientific cooperation, technology transfer and resource mobilization to accelerate the operationalization of the Protocol and invited Parties, other Governments, donors and relevant organizations to provide additional resources and to support the implementation of the Protocol, in particular in developing countries, including countries with economies in transition, small island developing States and least developed countries. Finally, the COP-MOP encouraged Parties to take the
Kunming-Montreal Global Biodiversity Framework as an opportunity to strengthen their efforts to implement their obligations under the Protocol effectively.
Third meeting of the Compliance Committee (April 2020)
The
third meeting of the
Compliance Committee under the Nagoya Protocol took place online from 21 to 23 April 2020. The Committee considered the outcomes of the third meeting of the Parties to the Protocol regarding items relevant to compliance, general issues of compliance, and the format for Parties to report on the implementation of obligations under the Protocol. The Committee noted the positive consideration of its recommendations addressed to the third meeting of the Parties to the Protocol. It also requested the Executive Secretary to follow-up with Parties that had not yet submitted their interim national reports, as well as with Parties that had not established their ABS measures or their institutional arrangements and Parties that had not yet published relevant information on the ABS Clearing-House, and report the results of these communications to the next meeting of the Committee. The Committee also discussed elements to promote compliance with the Protocol within the post-2020 global biodiversity framework. The report of the Committee will be submitted to the fourth meeting of the Parties to the Protocol.
COP-MOP 3 (November 2018)
At its
third meeting, the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol (COP-MOP) considered the
report of the second meeting of the Compliance Committee under the Nagoya Protocol, which included the findings and recommendations of the Committee on general issues of compliance as a contribution to the
assessment and review of the Nagoya Protocol. In decision
NP-3/2, COP-MOP welcomed the contribution of the Compliance Committee to the first assessment and review in the form of information and findings on general issues of compliance and recommendations to assist in addressing challenges to the implementation of the Protocol. COP-MOP also welcomed the progress made by Parties in the implementation of the Protocol and urged Parties that have not yet done so to establish ABS legislative, administrative and policy measures, and institutional arrangements.
Second meeting of the Compliance Committee (May 2018)
The
second meeting of the
Compliance Committee under the Nagoya Protocol on Access and Benefit-sharing took place from 24 to 26 April 2018 at the Secretariat of the CBD in Montreal, Canada. The Committee reviewed outcomes of the second meeting of the Parties to the Protocol as they relate to compliance. This included a review of decisions that took into account the recommendations of the Committee as well as other relevant decisions taken by the second meeting of the Parties. The Committee noted that its rules of procedure were approved by the Conference of the Parties serving as the meeting of the Parties in
decision NP-2/3 with only minimal changes. The Committee also provided inputs as a contribution to the first
assessment and review of the Protocol in the form of information and findings on general issues of compliance and recommendations to assist in addressing challenges to the implementation of the Protocol. The findings and recommendations will be made available for consideration by
SBI-2 and the report of the Committee will be submitted to the
third meeting of the Parties to the Protocol.
COP-MOP 2 (December 2016)
At its
second meeting, the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol (COP-MOP) considered the
report of the first meeting of the Compliance Committee, including the draft rules of procedure for the meetings of the Committee. Amongst other things, the COP-MOP approved the rules of the procedures in
decision NP-2/3. The decision also requested the Compliance Committee to reassess, at a future meeting, the need for and modalities of support to address challenges related to compliance with the provisions of the Protocol and to provide inputs to the first
assessment and review of the Protocol in the form of information and findings on general issues of compliance and recommendations to assist in addressing challenges related to the implementation of the Protocol.
First meeting of the Compliance Committee (April 2016)
The
Compliance Committee held its
first meeting from 6 to 8 April 2016. The Committee developed draft rules of procedure and discussed the need for and modalities of support to address challenges related to compliance with the provisions of the Protocol. The Committee also discussed future work it may undertake, particularly in relation to monitoring and reporting, the ABS Clearing-House and assessment and review.
COP-12 and COP-MOP 1 (October 2014)
The report of the third meeting of ICNP was submitted to the
twelfth meeting of the Parties to the Convention (COP-12), which decided to establish a contact group to continue negotiations of the compliance procedures and mechanisms. The outcomes of the contact group were forwarded to the first meeting of the COP-MOP for further consideration and finalization.
At its
first meeting, the COP-MOP took up the draft text on compliance following the work of the contact group at COP-12 (
UNEP/CBD/NP/COP-MOP/1/7) and adopted
decision NP-1/4. In the decision, the COP-MOP adopted the compliance procedures and mechanisms and established the
Compliance Committee to promote compliance with the provisions of the Nagoya Protocol and to address cases of non-compliance. The decision also requested the Compliance Committee to develop the rules of procedure for its meetings and to identify and consider the need for and modalities of support to address challenges related to compliance with the provisions of the Protocol.
Developments prior to the entry into force of the Protocol
Prior to the entry into force of the Protocol, the
Intergovernmental Committee for the Nagoya Protocol (ICNP) was established by the Conference of the Parties to the Convention on Biological Diversity (
decision X/1) to undertake the preparations for the first meeting of the Parties to the Protocol.
ICNP-3 (February 2014)
At its
third meeting, the ICNP continued discussions of the draft procedures and mechanisms and agreed, in
recommendation 3/6, to forward a revised text to the first meeting of the COP-MOP for its consideration and approval.
ICNP-2 (July 2012)
At its
second meeting,the ICNP considered the report of the expert meeting and its annex (
UNEP/CBD/ICNP/2/12) and adopted
recommendation 2/7 which included draft "Cooperative Procedures and Institutional Mechanisms to Promote Compliance with the Protocol and to Address Cases of Non-Compliance". In the same recommendation, the ICNP also decided that this draft would serve as the basis for future consideration of this issue. It also recommended a draft decision for adoption by the eleventh meeting of the Conference of the Parties (COP-11).
In
decision XI/1 F, COP-11 decided to forward the draft procedures and mechanisms as contained in annex IV of the decision to the third meeting of the ICNP, to enable the first meeting of the Parties to the Protocol to consider and approve them.
Expert meeting (March 2012)
An
expert meeting was held in March 2012 to consider the draft elements and options for compliance procedures and mechanisms (
UNEP/CBD/ABS/EM-COMP/1/2) developed by the Executive Secretary in light of the views sent by Parties and stakeholders. The report of the meeting included, in an annex, draft elements and options for cooperative procedures and mechanisms to promote compliance with the Protocol.
ICNP-1 (June 2011)
At its
first meeting, the ICNP considered two documents prepared by the Executive Secretary (
UNEP/CBD/ICNP/1/6/rev.1 and
UNEP/CBD/ICNP/1/INF/1) on cooperative procedures and institutional mechanisms for compliance based on experience gained in other multilateral environmental agreements. On this basis, the ICNP adopted
recommendation 1/4 in which it requested the Executive Secretary to convene an expert meeting.