P/CHW.13/9 UNITED NATIONS. Movements of. Item 4 (c) for Promoting. 2. In accordance. Promoting. nominated by Parties representation of the

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1 UNITED NATIONS UNEP P/CHW.13/9 Distr.: General 24 October 2016 Original: English BC Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal Thirteenth meeting Geneva, 24 April 5 May 2017 Item 4 (c) (i) of the provisional agenda Matters related to the implementation of the Convention: legal, compliance and governance matters: Committee Administering the Mechanism for Promoting Implementation and Compliance Committee Administering the Mechanism for Promoting Implementation and Compliance Note by the Secretariat I. Introduction 1. In its decision BC-12/7, the Conferencee of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal approved the work programme for the biennium of the Committee Administering the Mechanism for Promoting Implementation and Compliance, as set out in the annex to the decision. 2. In accordance with paragraph 3 of the terms of reference of the mechanism for promoting implementation and compliance with the Basel Convention, 1 the Committee consists of 15 members, nominated by Parties and elected by the Conference of the Parties based on equitable geographical representation of the five regional groups of the United Nations., that servee in accordance with paragraph 5 of the terms of reference. 3. In accordance with paragraph 6 of the terms of reference, at each ordinary meeting following the meeting at whichh the Committee was established the Conference of the Parties is to elect for two full terms new members to replacee those members whose periods of office have expired or are about to expire. II. Implementation 4. The Committee held its twelfth meeting in Nairobi from 4 to 6 June 2016, followed by an online supplementary session on 5 October The meeting was organized thanks to generous financial support provided by the Government of Japan. The report of the meeting is available on the websitee of the Basel Convention. 2 The Committee also worked intersessionally by and held informal consultations on five occasions. 3 Individual members took the lead on specific activities of UNEP/CHW.13/1. 1 The terms of reference are available at: /Default.aspx September 2015, 2 December 2015, 3 March 2016, 9 May 2016 and 1 September K

2 the work programme, as reflected in the report of the twelfth meeting of the Committee. The Committee also held consultations with the Open-ended Working Group at its tenth meeting, which was held in Nairobi from 30 May to 2 June The report of that meeting is also available on the website of the Convention On 8 October 2015 the Committee elected the following members as its officers: Mr. Alberto Capra, Argentina (Chair); Mr. Mark Govoni, Switzerland (Rapporteur); Mr. Humphrey Kasiya Mwale, Zambia (Vice-Chair); Mr. Djordje Vukotic, Serbia (Vice-Chair); and Mr. Geri Sañez, Philippines (Vice-Chair). On 6 May 2016, the Committee elected Mr. Juan Simonelli, Argentina, as Chair of the Committee following his nomination by Argentina as alternate to Mr. Capra for the remainder of the latter s term. The list of members of the Committee, updated as at 20 September 2016, is available on the website of the Convention Subsections II.A and II.B of the present note constitute the report of the Committee to the Conference of the Parties on the implementation of its work programme for the biennium , which comprises both specific submissions regarding individual Party implementation and compliance and general issues of compliance and implementation under the Convention. The draft decision set out in section III of the present note reflects the recommendations agreed upon by the Committee following its consideration of its work programme, including its proposed work programme for the biennium , which is set out in the annex to the draft decision. 7. Subsection II.C of the present note pertains to the election of new members of the Committee. 8. Proposed revisions to the revised reporting format for Basel Convention national reporting, the standardized reporting format for transmitting information under paragraphs 1 (a) and (b) of Article 4 and paragraphs 2 (c) and (d) of Article 13 of the Convention (import and export prohibitions), and the revised form for the notification of designation of country contacts are set out in document UNEP/CHW.13/9/Add.2. Owing to budgetary constraints, that document has not been translated. A. Specific submissions regarding Party implementation and compliance 1. Specific submissions 9. At its twelfth meeting, the Committee considered submissions by three Parties regarding their own implementation and compliance, namely, Central African Republic, Oman and Togo, and ten submissions by the Secretariat regarding Afghanistan, Bhutan, Cabo Verde, Eritrea, Guinea-Bissau, Liberia, Libya, Swaziland, Togo and Turkmenistan. 10. Following its consideration of the submissions, the Committee, among other things, concluded that the matters of concern in the submissions by the Secretariat regarding Afghanistan, Swaziland and Togo, as well as the submission by the Central African Republic, had been resolved. The Committee also approved compliance action plans submitted by Eritrea, Liberia and Togo and recommended that the Executive Secretary use, subject to their availability, resources from the implementation fund for the purpose of covering costs associated with their implementation. The decisions adopted by the Committee pertaining to the thirteen submissions are included in the report of the meeting (UNEP/CHW/CC.12/13 and Add.1). 2. Evaluation of the amendment to paragraph 9 (c) of the terms of reference 11. At its twelfth meeting, the Committee evaluated the amendment to paragraph 9 (c) of the terms of reference, which provides for the Secretariat to make submissions to the Committee until the fourteenth meeting of the Conference of the Parties with regard to a Party s possible difficulties in complying with the obligations set out in paragraph 1 of Article 3, paragraph 1 of Article 4 and paragraph 2 of Article 13 of the Convention. The Committee considered the information in the note by the Secretariat on the evaluation of the amendment (UNEP/CHW/CC.12/3), including a report prepared by the Secretariat on the matter. The conclusions of the Committee are set out in the report of the meeting (UNEP/CHW/CC.12/13, para. 25). 3. Implementation fund 12. Between its establishment by decision IX/2 and 15 March 2016, $406,485 had been contributed to the implementation fund, by Colombia, Japan, Norway and Switzerland. For the biennium , the Secretariat is raising funds for the outstanding $100,000 required for the completion of ten compliance action plans approved by the Committee and for which the Committee Default.aspx. 5

3 authorized the use of up to $510,000 from the implementation fund for the implementation of the plans. 13. At its twelfth meeting, the Committee reviewed the operation of the implementation fund, including on the basis of a note by the Secretariat on the matter (UNEP/CHW/CC.12/4), in the light of the experience of the Committee and other developments, including with regard to the special programme to support institutional strengthening at the national level for the implementation of the Basel, Rotterdam and Stockholm conventions, the Minamata Convention and the Strategic Approach to International Chemicals (hereinafter the special programme ). 14. Following its consideration of the item, the Committee requested the Secretariat to prepare an updated version of the report on the review of the operation of the implementation fund reflecting the outcome of its twelfth meeting for the consideration of the Conference of the Parties at its thirteenth meeting (UNEP/CHW.13/INF/25, annex). B. Review of general issues of compliance and implementation under the Convention 15. The Committee was able to undertake the activities of its work programme pertaining to the review of general issues of implementation and compliance thanks to generous financial support provided by the European Union and the Government of Japan. 1. National reporting (a) Individual compliance performance 16. At its twelfth meeting, the Committee considered document UNEP/CHW/CC.12/5, a draft classification of Parties compliance performance with regard to the annual reporting obligation for On 27 June 2016, the draft classification was published on the website of the Convention and made available to all Parties with an invitation to comment thereon. Parties that had yet to do so were also invited to transmit their national reports by 31 August A revised classification of Parties compliance performance with regard to the annual reporting obligation for 2013 for consideration by the Conference of the Parties at its thirteenth meeting is set out in document UNEP/CHW.13/INF/26. (b) Additional steps to improve timeliness and completeness of national reporting 18. At its twelfth meeting, including during the online supplementary session, the Committee considered document UNEP/CHW/CC.12/6, including actions, incentives and other measures to improve timely and complete national reporting. The conclusions of the Committee on the matter are set out in the report of the meeting (UNEP/CHW/CC.12/13/Add.1, annex II). (c) Revised guidance on improving national reporting 19. At its twelfth meeting, the Committee considered document UNEP/CHW/CC.12/7. The Committee requested the Secretariat to initiate the revision of the guidance on improving national reporting developed by the Committee under its work programme 6 in the light of the revised reporting format adopted by the Conference of the Parties in decision BC-12/6. After the meeting, the Committee agreed to include the finalization of the guidance in its proposed work programme for the biennium Draft revised guidance on improving national reporting for consideration of the Conference of the Parties at its thirteenth meeting is set out in document UNEP/CHW.13/INF/ Illegal traffic 21. At its twelfth meeting, the Committee considered document UNEP/CHW/CC.12/8, including draft guidance on the implementation of the Basel Convention provisions dealing with the consequences of illegal traffic (paragraphs 2, 3 and 4 of Article 9); document UNEP/CHW/CC.12/INF/9, as well as the outcome of the consultations on the draft guidance with the Open-ended Working Group at its tenth meeting (UNEP/CHW/OEWG.10/INF/9/Rev.1). 6 The current guidance on improving national reporting is available from: 3

4 22. On 22 August 2016, revised draft guidance was published on the website of the Convention and made available to Parties and others with an invitation to comment thereon by 10 September Draft guidance on the implementation of the Basel Convention provisions dealing with illegal traffic (paragraphs 2, 3 and 4 of Article 9) for consideration and possible adoption by the Conference of the Parties at its thirteenth meeting is set out in the first addendum to the present note (UNEP/CHW.13/9/Add.1). 3. National legislation 24. At its twelfth meeting, the Committee considered document UNEP/CHW/CC.12/9, including a report on additional steps to improve implementation and compliance with paragraph 4 of Article 4 and paragraph 5 of Article 9 of the Convention. The conclusions of the Committee on the matter are set out in the report of the meeting (UNEP/CHW/CC.12/13, paras ). 25. A draft guide for the development of national legal frameworks to implement the Basel Convention for the consideration of the Conference of the Parties at its thirteenth meeting is set out in document UNEP/CHW.13/INF/ Insurance, bond and guarantee 26. At its twelfth meeting, the Committee considered document UNEP/CHW/CC.12/10, including draft guidance to improve the implementation of paragraph 11 of Article 6 of the Convention on insurance, bond and guarantee. Documents UNEP/CHW/CLI_EWG.4/2 and UNEP/CHW/CLI_EWG.3/INF/7, pertaining to relevant activities of the expert working group on environmentally sound management, were also before the Committee for reference purposes. 27. On 27 June 2016, the draft guidance on insurance, bond and guarantee was made available to all Parties with an invitation to comment thereon by 10 September The draft guidance was made available to the expert working group at its fifth meeting (13 15 July 2016), with an invitation to comment thereon by the same deadline. 28. Draft revised guidance to improve the implementation of paragraph 11 of Article 6 of the Convention on insurance, bond and guarantee for consideration by the Conference of the Parties at its thirteenth meeting is set out in document UNEP/CHW.13/INF/ Control system (a) Transit issues 29. At its twelfth meeting, the Committee considered documents UNEP/CHW/CC.12/11 and UNEP/CHW/CC.12/11/Add.1, including a report on the implementation of and compliance with paragraph 4 of Article 6 of the Basel Convention on transit transboundary movements, as well as document UNEP/CHW/CC.12/INF/10, containing a compilation of responses from 41 Parties and 11 stakeholders to two questionnaires on transit issues. 30. The Committee requested the Secretariat to prepare amendments to the revised format for national reporting and to the standardized reporting format for transmitting information under paragraphs 1 (a) and (b) of Article 4 and paragraphs 2 (c) and (d) of Article 13 of the Convention (import and export prohibitions) with a view to including a question related to the third sentence of paragraph 4 of Article 6, as well as a question on the meaning of transit at the national level. Additional conclusions are set out in the report of the meeting (UNEP/CHW/CC.12/13, paras. 59 and 60). 31. Proposed revisions to question 3 of the revised reporting format and to the standardized reporting format are set out in annexes I and II to the second addendum to the present note (UNEP/CHW.13/9/Add.2). For the sake of consistency, besides the addition of the questions pertaining to transit issues, the latter format, 9 adopted by the Conference of the Parties in its decision BC-10/11, has been harmonized with all the other parts of question 3 of the revised reporting format. 4 7 Comments received are available from: IllegalTraffic/tabid/4581/Default.aspx. 8 Comments received are available from: Insurance,bond,guarantee/tabid/5218/Default.aspx. 9 Available from:

5 (b) Electronic approaches to the notification and movement documents 32. At its twelfth meeting, the Committee considered documents UNEP/CHW/CC.12/11 and UNEP/CHW/CC.12/11/Add.2, including a report on electronic approaches to the notification and movement documents, and document UNEP/CHW/CC.12/INF/11, setting out a compilation of responses from 53 Parties and 42 stakeholders to two questionnaires on the matter. (c) Multiple competent authorities 33. At its twelfth meeting, the Committee considered documents UNEP/CHW/CC.12/11 and UNEP/CHW/CC.12/11/Add.3, including a draft revised form for the notification of the designation of country contacts and a draft revision to question 1 (a) of the revised reporting format, both prepared by the Secretariat, that would enable Parties to clarify the respective jurisdictions of multiple competent authorities. 34. Proposed revisions to the revised form and revised reporting format are set out in annexes III and IV to document UNEP/CHW.13/9/Add.2. (d) Bilateral, multilateral, and regional agreements or arrangements 35. At its twelfth meeting, the Committee considered document UNEP/CHW/CC.12/11, taking into account document UNEP/CHW.6/ As requested by the Committee, the Secretariat developed and made available to Parties a questionnaire seeking information by 15 December on their experience with the implementation of Article 11, challenges met and good practices. 37. The Committee agreed to include in its work programme for the development of guidance on bilateral, multilateral or regional agreements or arrangements under Article 11 of the Convention, covering both the content of the agreements as well as their implementation, for the consideration and possible adoption by the Conference of the Parties at its fourteenth meeting. 6. Improving the implementation of and compliance with the obligations under the Convention 38. At its twelfth meeting, the Committee heard an oral report on an activity in its work programme whereby the Committee is to regularly update the guidance on legal matters that it develops for adoption by the Conference of the Parties. Noting that guidance that might require updating had been adopted by the Conference of the Parties at its twelfth meeting and that only a limited time had elapsed since then, the Committee agreed to propose to the Conference of the Parties that this activity be renewed in its work programme for C. Election of members of the Committee 39. The terms of office of five Committee members will expire at the close of the thirteenth meeting of the Conference of the Parties. Document UNEP/CHW.13/INF/28 sets out a list of past and present Committee members, identifying those whose terms will expire at the close of the thirteenth meeting. III. Proposed action 40. The Conference of the Parties may wish to adopt a decision along the following lines: The Conference of the Parties, Recalling decision BC-12/7, 1. Takes note of the note by the Secretariat on the work of the Committee Administering the Mechanism for Promoting Implementation and Compliance and the recommendations made therein 11 and welcomes the work undertaken by the Committee since the twelfth meeting of the Conference of the Parties; 10 The questionnaire and responses received are available from: systemarticle11agreements/tabid/5328/default.aspx. 11 UNEP/CHW.13/9. 5

6 I Specific submissions regarding Party implementation and compliance 2. Encourages Parties concerned by a submission covered by the decisions adopted by the Committee at its twelfth meeting to cooperate with the Committee with a view to resolving the matter of concern; 3. Welcomes the report on the review of the operation of the implementation fund in the light of the experience of the Committee and other developments, including with regard to the special programme to support institutional strengthening at the national level for implementation of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and the Stockholm Convention on Persistant Organic Pollutants, the Minamata Convention on Mercury and the Strategic Approach to International Chemicals Management; Notes that: (a) The objective of the special programme is to contribute to the improved implementation of the Basel, Rotterdam and Stockholm conventions; (b) Activities funded through the special programme may be of relevance to the work programme of the Committee and vice versa, and information exchange between the Committee and the Executive Board of the special programme would be mutually beneficial; 5. Encourages the Committee to promote information exchange with the special programme through the Executive Secretary and the representative of the Bureau of the Conference of the Parties to the Basel Convention in their capacity as observers at the meetings of the Executive Board; 6. Requests the Secretariat to provide information to the Committee on the activities funded through the special programme that are of relevance to its mandate; 7. Expresses its appreciation to the Committee for its efforts to assist with the resolution of matters of concern with regard to the implementation of and compliance with the Convention, including by recommending to the Secretariat the use of resources in the implementation fund to finance activities listed in the ten compliance action plans submitted by concerned Parties in specific submissions and approved by the Committee; 8. Notes that resources in the implementation fund have to date been used to assist seven Parties to implement their compliance action plans and have enabled three Parties to return to compliance with their obligation to submit national reports pursuant to paragraph 3 of Article 13 of the Convention; II Review of general issues of compliance and implementation under the Convention National reporting: individual compliance performance 9. Welcomes the slight improvement in the completeness of national reports since 2010 and the positive trend towards an improvement in the timeliness of national reports since 2010; 10. Notes with concern that: (a) The targets for the year 2013 approved by the Conference of the Parties at its twelfth meeting with regard to the timeliness and completeness of national reports have not been met, with 22 per cent of reports submitted in time against a target of 30 per cent and 7 per cent of reports submitted complete against a target of 20 per cent; (b) As at 31 October 2016, 94 Parties had not submitted their reports for the year 2013; 13 (c) The overall rate of submission of national reports since 2009 does not appear to have improved; 12 UNEP/CHW.13/INF/25, annex. 13 UNEP/CHW.13/INF/26. 6

7 11. Acknowledges that the problem of non-reporting, incomplete reporting or late reporting is all the more serious because of the close link between the core obligations of the Convention and the obligation to submit national reports in accordance with paragraph 3 of Article 13 of the Convention; 12. Agrees, as a way of measuring progress in the overall implementation of and compliance with paragraph 3 of Article 13 of the Convention, on the following interim targets: 30 per cent 14 of reports due in 2014 and subsequent years are submitted on time and 20 per cent 15 of such reports are complete as submitted; National reporting: additional steps to improve timeliness and completeness of national reporting 13. Decides to prioritize efforts and ongoing activities to increase the timeliness and completeness of national reporting and calls on Parties to strengthen their efforts in this regard; 14. Also decides to amend paragraph 20 of the terms of reference of the Committee 16 by adding a new subparagraph (c) as follows: (c) Deciding upon additional measures as a last resort in case a Party has not submitted its national report for two or more years since the report due for Expresses its appreciation to the Committee for its work over the years to improve the timeliness and completeness of national reporting and decides that the work programme of the Committee should continue to emphasize activities aimed at improving implementation and compliance with the national reporting obligation; Illegal traffic 16. Adopts the guidance on the implementation of the Basel Convention provisions dealing with illegal traffic (paragraphs 2, 3 and 4 of Article 9) 17 and encourages Parties to use it and to provide information to the Secretariat on their experiences with the guidance for the consideration of the Committee; National legislation 17. Invites each Party to undertake a review of its legislation for implementing the Convention, using the legislator s checklist, 18 and to submit the outcome of its review to the Committee for its consideration; Control system: transit issues 18. Adopts the revisions to question 3 of the revised reporting format for Basel Convention national reporting adopted by the Conference of the Parties at its twelfth meeting 19 and the revisions to the standardized reporting format for transmitting information under paragraphs 1 (a) and (b) of Article 4 and paragraphs 2 (c) and (d) of Article 13 of the Convention (import and export prohibitions); Reminds Parties of the obligation: (a) To inform the Secretariat of any changes regarding the designation of competent authorities within one month of the date of the decision, as provided for in paragraph 3 of Article 5 of the Convention; (b) To promptly acknowledge receipt of notifications of proposed transit transboundary movements, as provided for in paragraph 4 of Article 6 of the Convention; 14 Baseline: 15 per cent for the reports due for Baseline: 0.6 per cent for the reports due for The terms of reference are available from: 17 UNEP/CHW.13/9/Add UNEP/CHW.12/9/Add.4/Rev UNEP/CHW.13/9/Add.2, annex I. 20 UNEP/CHW.13/9/Add.2, annex II. 7

8 (c) Of the State of export to not allow a transboundary movement to commence until it has received the written consent of the State of transit, as provided for in paragraph 4 of Article 6 of the Convention; 20. Also reminds Parties: (a) That if at any time a Party decides, pursuant to the fourth sentence of paragraph 4 of Article 6, not to require prior written consent, either generally or under specific conditions, for transit transboundary movements of hazardous wastes or other wastes, or modifies its requirements in this respect, it shall forthwith inform the other Parties of its decision pursuant to Article 13 of the Convention; (b) That in case a Party has decided not to require prior written consent for proposed transit transboundary movements of hazardous wastes and other wastes and no response is received by a State of export within 60 days of the receipt of a given notification by the State of transit the State of export may allow the export to proceed through the State of transit; 21. Encourages Parties: (a) To respond to notifications of proposed transit transboundary movements of hazardous wastes and other wastes within 60 days; (b) To ensure that the contact details of competent authorities, including addresses, are complete and up to date; Control system: electronic approaches to the notification and movement documents 22. Decides to establish, within available resources, a small intersessional working group on electronic approaches to the notification and movement documents to develop possible options for steps towards a Basel Convention electronic system for transboundary movements, taking into account the report on electronic approaches to the notification and movement documents considered by the Committee at its twelfth meeting, 21 including recommendations on the following issues: (a) Whether further work should focus on the development of standards, a hub or both; (b) Whether any system should be introduced incrementally or all at once; (c) Whether any system should be compulsory or voluntary; (d) How any system might be funded; (e) How existing standards should be protected; (f) How confidentiality should be protected; (g) What support would be required for system participants; (h) Whether any existing architecture could be scaled up to provide a Basel Convention hub; (i) How to deal with any inconsistencies in the interpretation of the Basel Convention that might be an obstacle to any electronic system; (j) Whether to commission a feasibility study; 23. Also decides that the small intersessional working group shall, as a first step, organize an information sharing and brainstorming meeting of experts from Parties and observers who will consider possible options for steps towards a Basel Convention electronic system for transboundary movements with the aim of reaching a shared understanding of the possible options and the current systems being developed and in place in Parties and organizations, as reflected in the report on electronic approaches to the notification and movement documents considered by the Committee at its twelfth meeting; 24. Further decides to mandate the small intersessional working group to prepare options and recommendations pursuant to paragraph 22 above for the consideration of the Open-ended Working Group at its eleventh meeting; 21 UNEP/CHW/CC.12/11/Add.2, annex. 8

9 25. Invites the Open-ended Working Group at its eleventh meeting to finalize the options and recommendations for consideration and possible adoption by the Conference of the Parties at its fourteenth meeting; 26. Invites Parties to nominate experts to participate in the small intersessional working group, informing the Secretariat of their nominations by 31 July 2017, and to consider serving as lead country for the small intersessional working group, informing the Secretariat of their willingness to do so by 31 July 2017; 27. Requests the Secretariat, within available resources, to support the work of the small intersessional working group; Control system: multiple competent authorities 28. Adopts the revision to question 1 (a) of the revised reporting format and to the revised form for notification of designation of country contacts; 22 and invites the Conference of the Parties to the Rotterdam Convention and the Conference of the Parties to the Stockholm Convention, at their respective eighth meetings, to take note of the change to the former; III Work programme for the biennium Approves the work programme of the Committee for the biennium set out in the annex to the present decision; 30. Requests the Committee: (a) To establish priorities, work methods and schedules for the activities in its work programme and to coordinate with the Open-ended Working Group, the Secretariat and the Basel Convention regional and coordinating centres to avoid duplication of activities; (b) To report to the Conference of the Parties at its fourteenth meeting on the work that it has carried out to fulfil its functions in accordance with paragraphs 23 and 24 of the terms of reference of the mechanism for promoting implementation and compliance with the Basel Convention; IV Election of members of the Committee 31. Elects, in accordance with the terms of reference set out in the appendix to decision VI/12, the following members to serve on the Committee Administering the Mechanism for Promoting Implementation and Compliance of the Basel Convention until the close of the fourteenth meeting of the Conference of the Parties: African States: [one name to be completed] Asia-Pacific States: [one name to be completed] Central and Eastern European States: [one name to be completed] Latin American and Caribbean States: [one name to be completed] Western European and other States: [one name to be completed]. 22 UNEP/CHW.13/9/Add.2, annexes III and IV. The revised harmonized form for notification of designation of contacts was adopted by the Conference of the Parties to the Basel Convention at its eleventh meeting and was also adopted by the Conference of the Parties to the Rotterdam Convention at its sixth meeting and the Conference of the Parties to the Stockholm Convention at its sixth meeting. It is available from 9

10 Annex to decision BC-13/[ ] Work programme of the Committee Administering the Mechanism for Promoting Implementation and Compliance for the biennium I. Review of general issues of compliance and implementation under the Convention Objective 1. National reporting Improve timely and complete national reporting under paragraph 3 of Article 13 of the Convention. 2. Illegal traffic Prevent and combat illegal traffic. Activity (a) Classify and, as appropriate, publish information on Parties individual compliance with their annual national reporting obligations for 2014 and 2015, based on the assumptions and elements set out in the report of the Committee to the Conference of the Parties at its thirteenth meeting and the criteria and categories adopted by the Conference of the Parties at its tenth meeting 23 and using the targets approved by the Conference of the Parties at its thirteenth meeting; (b) Classify and, as appropriate, publish information on Parties individual compliance performance with their annual national reporting obligations for the years 2016 and beyond, in accordance with paragraph 14 of decision BC-12/7; (c) Develop an updated version of the benchmark report aimed at facilitating reporting under paragraph 3 of Article 13 of the Basel Convention, based on the revised reporting format for national reporting adopted in decision BC-12/6; (d) Finalize, including through consultation with the Open-ended Working Group, the revised version of the Committee s guidance on improving national reporting 24 in the light of the revised reporting format adopted in decision BC-12/6 as well as other developments, for consideration and possible adoption by the Conference of the Parties at its fourteenth meeting; (e) Keep under review the possible impact of the establishment and operations of the special programme on improving the timeliness and completeness of national reporting under paragraph 3 of Article 13 of the Basel Convention; (f) Develop recommendations on how best to make use of the information contained in the national reports as a means of improving timeliness and completeness of national reporting under paragraph 3 of Article 13 of the Basel Convention. Consider what additional steps could be taken to improve implementation of and compliance with Article 9 of the Convention. 23 Decision BC-10/11, para. 18, which refers to document UNEP/CHW.10/9/Rev.1, para UNEP/CHW.13/INF/59. 10

11 Objective 3. National legislation Improve implementation of and compliance with paragraph 4 of Article 4 and paragraph 5 of Article 9 of the Convention. 4. Insurance, bond or other guarantee Improve the implementation of and compliance with paragraph 11 of Article 6 of the Convention. 5. Control system Improve the implementation of and compliance with Article 6 of the Convention. 6. Agreements and arrangements Improve the implementation of and compliance with Article 11 of the Convention. Activity (a) Finalize, including through consultation with the Open-ended Working Group, the comprehensive guide for the development of national legal frameworks to implement the Basel Convention, 25 including the examples of transposition of the Basel Convention provisions, for consideration and possible adoption by the Conference of the Parties at its fourteenth meeting; (b) Review the outcome of Parties self-review of their legislation for implementing the Convention, using the legislator s checklist; (c) Monitor progress achieved by Parties in transmitting to the Secretariat texts of national legislation and other measures adopted by them to implement and enforce the Convention; (d) Monitor requests for information received by the Secretariat from Parties aimed at facilitating the development and review of national legal frameworks as well as the technical assistance activities of the Secretariat aimed at promoting the implementation of paragraph 4 of Article 4 and paragraph 5 of Article 9 of the Convention; (e) Monitor activities undertaken by or with the support of the Basel Convention regional and coordinating centres, the United Nations Environment Programme, including in the context of the special programme, and other entities aimed at assisting Parties to develop legal frameworks for the implementation of the Basel Convention. Finalize, including through consultation with the Open-ended Working Group, the guidance to improve the implementation of paragraph 11 of Article 6 of the Convention 26 for consideration and possible adoption by the Conference of the Parties at its fourteenth meeting. Develop, taking into account the report on the implementation of and compliance with paragraph 4 of Article 6 of the Basel Convention on transit transboundary movements, 27 in particular its paragraphs and including through consultations with the Open-ended Working Group, guidance on the implementation of paragraph 4 of Article 6 of the Convention for consideration and possible adoption by the Conference of the Parties at its fourteenth meeting. Develop, including through consultations with the Openended working Group, guidance on bilateral, multilateral or regional agreements, or arrangements under Article 11 of the Convention for consideration and possible adoption by the Conference of the Parties at its fourteenth meeting. 25 UNEP/CHW.13/INF/ UNEP/CHW.13/INF/ UNEP/CHW/CC.12/11/Add.1, annex. 11

12 Objective 7. Waste generation Improve the implementation of paragraph 2 (a) of Article Improve the implementation of and compliance with the Convention. Activity Review Parties implementation of paragraph 2 (a) of Article 4 of the Convention, including the difficulties faced by Parties and taking into account the work of the expert working group on environmentally sound management, and develop, including through consultation with the Open-ended Working Group, recommendations on how to improve the implementation of this provision for consideration and possible adoption by the Conference of the Parties at its fourteenth meeting. (a) Produce regular updates of the guidance on legal matters developed by the Committee (e.g., manual for the implementation of the Basel Convention, guide to the control system, guidance on illegal traffic), based on periodic feedback from users and suggestions from stakeholders and in the light of decisions adopted by the Conference of the Parties, for consideration and possible adoption by the Conference of the Parties; (b) Review general issues of compliance and implementation under the Convention relating to access to technical and financial support, particularly for developing countries, including technology transfer and capacity-building. II. Specific submissions regarding Party implementation and compliance 1. The Committee shall accord priority to dealing with specific submissions regarding Party implementation and compliance received or initiated in accordance with paragraph 9 of the terms of reference of the mechanism for promoting implementation and compliance of the Basel Convention. 2. In relation to the implementation fund, the Committee shall make recommendations to the Executive Secretary on the allocation of the available resources from the implementation fund during the period between the thirteenth and fourteenth meetings of the Conference of the Parties to assist Parties in the context of the facilitation procedure set out in paragraphs 19 and 20 of the terms of reference of the mechanism for promoting implementation and compliance of the Convention. The resources are intended to fund activities listed in the compliance action plans presented by Parties concerned by a submission and approved by the Committee. In addition, the Committee shall review the operation of the implementation fund in the light of the experience of the Committee and other developments, including with regard to the special programme to support institutional strengthening at the national level for implementation of the Basel, Rotterdam and Stockholm conventions, the Minamata Convention and the Strategic Approach to International Chemicals, and shall explore options for strengthening the institutional link between the Committee and the Executive Board of the special programme. 3. In relation to the amendment of paragraph 9 (c) of the terms of reference, the Committee shall prepare a report on the evaluation of the effectiveness of the amendment mentioned in paragraph 4 of decision BC-12/7, including recommendations, for the consideration of the Conference of the Parties at its fourteenth meeting. 12