The Compliance Committe

The procedures and mechanisms relating to compliance under the Kyoto Protocol were adopted as Decision 24/CP.7 of the Marrakesh Accords, and were recommended for adoption at the first meeting of the COP/MOP. A Compliance Committee of 20 members will be established, to function through a Plenary, a Bureau and two branches: a Facilitative Branch and an Enforcement Branch.22 The Committee meeting as a whole will not address individual cases of non-compliance, but will report on the Committee's activities and submit proposals on administrative and budgetary matters to the COP/MOP.23 The COP/MOP may consider such reports, provide general policy guidance, etc., but may not engage in individual non-compliance cases, except in its limited competence to address cases appealed (see below).24 The Secretariat has also a limited role, in acting as a link between the parties and the ERTs on the one hand, and with the Compliance Committee on the other.

This leaves the handling of decisions relating to individual cases to the Bureau and the two branches of the Committee. The Bureau's role is to allocate questions of implementation to either the Facilitative Branch or the Enforcement Branch.25 While the decision to allocate may appear to be significant, the discretion of the Bureau is, in fact, limited by the respective mandates of each Branch. When read together, these mandates make clear that the Enforcement Branch has exclusive jurisdiction over questions of implementation relating to targets that arise after the end of the first commitment period, and, with respect to methodological, reporting and eligibility requirements for participation in the flexibility mechanisms, after the beginning of the first commitment period. All other questions of implementation fall within the jurisdiction of the Facilitative Branch. Thus the timing and the substantive content of the commitment should render the process of allocation automatic.

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