Article 33. Monitoring and reporting

Each Party shall monitor the implementation of its obligations under this Protocol, and shall, at intervals to be determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol, report to the Conference of the Parties serving as the meeting of the Parties to this Protocol on measures that it has taken to implement the Protocol.

712. This Article imposes two obligations on Parties:

713. The obligation to monitor implementation of the Protocol is a logical consequence of the duty of States to implement international obligations which they have accepted by becoming Party to the Protocol. Monitoring is perhaps particularly required in cases, such as this Protocol, where most of the obligations are not self-executing, and thus require national measures, of a legislative, regulatory and institutional character, to enable their implementation.

714. The obligation to prepare reports on implementation for consideration by the governing body of a treaty has become a standard feature of multilateral environmental agreements. The formula used in describing the subject of these reports varies from treaty to treaty. Here the obligation is to provide information on measures to implement the Protocol. The reports will be submitted to the COP/MOP. In practice, they will be submitted through the Secretariat.

715. The intervals at which reports are to be submitted will be determined by the COP/MOP. Many other conventions require such reports to be provided at each meeting of their governing body.

716. The COP/MOP will also give guidance to Parties to the Protocol on the format and content of the reports. This will help to ensure that information is provided in a comparable format.

717. While the obligations of monitoring and reporting are separate, in practice they reinforce one another: Monitoring will provide information needed for the reporting, and, in turn, the requirement to provide reports may provide useful feedback on the way monitoring has operated, and may be improved in the future.

718. For the Parties to implement these obligations, it will be important to have access to, or set up, reliable mechanisms of information gathering and data management at national level.

719. The ICCP adopted two recommendations on monitoring and reporting.134 The Secretariat prepared a draft general format for reporting for consideration by the ICCP, and the ICCP invited governments to provide comments on the draft format in advance of the first meeting of the COP/MOP. The first meeting of the COP/MOP will consider the format for reporting. The ICCP recognized the need for clear and simple reporting requirements.

134 ICCP Recommendation 2/2, UNEP/CBD/ICCP/2/15, and ICCP Recommendation 3/7, UNEP/CBD/ICCP/3/10.

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