Article 35. Assessment and review

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall undertake, five years after the entry into force of this Protocol and at least every five years thereafter, an evaluation of the effectiveness of the Protocol, including an assessment of its procedures and annexes.

727. Together with Articles 29(4) and 33, this Article provides a basis for institutional supervision of the implementation of the Protocol on a collective basis, and for the monitoring of its effectiveness. This will be undertaken by the COP/MOP.

728. The assessment and review may also provide an important addition to the work of a future compliance mechanism (see commentary on Article 34). In contrast to compliance monitoring under Article 34, the evaluation under Article 35 is undertaken by the COP/MOP not with respect to individual Parties, but looking at implementation of the Protocol as awhole. This could give rise to changes in the procedures or other aspects of the Protocol (for example, through amendment, adoption of additional annexes of other decisions of the COP/MOP) if the evaluation shows that this is necessary to improve the effectiveness of the Protocol.

729. Article 29(4) requires the COP/MOP to review the implementation of the Protocol, and to take the decisions necessary to promote implementation. In addition, Article 35 requires the COP/MOP to undertake evaluations of the Protocol's effectiveness at five- year intervals. The first such review will therefore take place five years after the Protocol enters into force. Both these review processes are likely to be based in part on the information provided by Parties in their national reports on implementation of the Protocol under Article 33. Other sources of information may also play a role in the evaluation. The mechanism and modalities for undertaking the evaluation required under Article 35 will be decided by the COP/MOP.

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