Consideration by MOP & Follow-up

Andriy Andrusevych,

RACSE

Training segment: 17-18

Agenda item: 5.1-5.3

5.1. Consideration by MOP

Competence Experience

Общая процедура/Overall process

Заключение Комитета/Findings of the Committee

Прямое действие Комитета по отношению к

Стороне/Direct action by the Committee towards a party

Рекомендации ССК/

Recommendations by MOP

Действие ССК/

Action by MOP

Сообщение/Communication

MOP’s competence

a) Provide advice and facilitate assistance to individual Parties regarding the implementation of the Convention;

b) Make recommendations to the Party concerned;c) Request the Party concerned to submit a strategy, including a time

schedule, and to report on the implementation of this strategy;d) In cases of communications from the public, make recommendations

to the Party concerned on specific measures to address the matter raised by the member of the public;

e) Issue declarations of non-compliance;f) Issue cautions;g) Suspend the special rights and privileges accorded to the Party

concerned under the Convention;h) Take such other non-confrontational, non-judicial and consultative

measures as may be appropriate.

2nd MOP (2005) and 3rd MOP (2008)

Almaty 2005KazakhstanUkraineTurkmenistan

No consideration of findings Issue-based titles First experience

Compliance Case Circle1

2

3

4

Committee

MOP

Committee

MOP

2nd MOP (2005) and 3rd MOP (2008)

Riga 2008KazakhstanUkraineTurkmenistan

AlbaniaArmeniaLithuania

BelgiumDenmarkHungaryRomaniaEC

2nd MOP (2005) and 3rd MOP (2008)

No more powers to ACCC Five new members

3 from NGO support EECCA (3), Central Europe (2), “West EU” (4)

Ukraine and Turkmenistan strongly opposed Ukrainian NGOs present at MOP of “implementing plans funded

from abroad” a question is open as to practical impact, which may be

too early assess now but the process can commence the committee itself raises no doubts by civil society as

to being unbiased, objective, open

5.2 Working with the Government

Opening a case initiates a process which must be accompanied by continuing efforts on national level

Approaching other fora/processes No implementation without NGOs Keep putting pressure

5.3. Follow-up within Aarhus Process

1

2

3

4

Committee

MOP

Committee

MOP

5.3. Follow-up within Aarhus Process

AlbaniaDecision III/6a – June 208Reporting:

Nov 2008 Nov 2009 Nov 2010

5.3. Follow-up within Aarhus Process

AlbaniaReminder to Government – Oct 2008Second reminder – Feb 20091st Interim report by Gov’t – Feb 2009Committee’s reaction – May 2009Reminder to Gov’t – Nov 2009Request for delay – Dec 20092nd Report by Gov’t – Jan 2010