North America

Step 2 Review of National Legislation and Identification of Gaps

A review of the relevant national legislation in place (e.g. on nature conservation, water protection, environmental planning) provides an overview on how national legislation supports the implementation of the instrument(s) and identifies the overlaps and gaps with these regulations. The review should not only focus on the existence of national legislation but also encompass its enforcement (e.g. control of hunting, poaching, pollution, and habitat destruction) and the experiences and lessons learned regarding the effectiveness of legal instruments.

Step 1 Familiarity with the Instrument(s) and National Reporting Requirements

This step should ideally be done at the point where a country is preparing to accede to CMS and/or any of its instrument and should be done alongside relevant existing national policies, legislation, strategies and action plans. For countries that are in the process of becoming a Member of CMS and/ or any of its instrument, a thorough analysis of the legally binding tools (including the text of the instrument, Strategic Plan, Action Plans, Resolutions, as applicable) is a first important step.

The Implementation Cycle

The successful use and application of a CMS Family instrument is a continuous, iterative process. Member States have to apply a cogent series of steps; many at the national level. For an easier understanding of implementation at national level six basic steps are outlined in simple and concise terms.

Step 1: Familiarity with the Instrument(s) and National Reporting Requirements

Step 2: Review of National Legislation and Identification of Gaps

Step 3: Setting up a National Consultation Process

What Does Implementation Actually Involve?

Governments and regional economic integration organizations (REIO) such as the European Union (EU) have taken on a series of international commitments by signing and where appropriate ratifying or acceding to CMS and its instruments. Yet, adopting the CMS Family instruments is only the start; the instruments require implementation.

Introduction

During recent years, work in the international environmental field has been increasingly focused on implementation, more than on the development of further landmark agreements, such as those concluded at Rio in 1992.
The text of the treaties and the related tools, such as action plans, strategic plans and guidelines developed by CMS and its instruments aim to provide the framework and guidance for implementation at the national level.
 

What Happens After the National Report has been Submitted?

The submission of the National Report marks the beginning of a new reporting cycle. NFPs should start planning their implementation and reporting activities according to the latest report format adopted or the latest National Report in the cases when one has been submitted. It should be noted that decisions taken at the meetings of the decision-making bodies can lead to changes in the report formats. NFPs must therefore ensure that they adjust their implementation and reporting to reflect the new report format once it becomes available.

Submitting the National Report and Follow-up

Once the National Report has been verified and approved, it should be submitted to the appropriate Secretariat/Coordinating Unit of the CMS Family. Once submitted, the report will be reviewed by the Secretariat/Coordinating Unit and possibly returned to the country with a request for additional input and further refinement, if necessary.

Substantive Preparation

A successful outcome of a meeting can be achieved through adequate preparation, undertaken by the meeting organizers and participants alike, throughout the whole process.

Depending on the meeting cycle of each instrument, the Secretariat/Coordinating Unit announces to its Member States details of each meeting through an invitation, as well as disseminating a draft agenda and other relevant information.