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- 22.
-
The Procedural Guidance to the Council Decision provides additional guidance to the Committee in carrying out its responsibilities, including:
- Discharging its responsibilities in an efficient and timely manner;
- Considering requests from NCPs for assistance;
- Holding exchanges of views on the activities of NCPs;
- Providing for the possibility of seeking advice from experts.
- 23.
- The non-binding nature of the Guidelines precludes the Committee from acting as a judicial or quasi-judicial body. Nor should the findings and statements made by the NCP (other than interpretations of the Guidelines) be questioned by a referral to CIME. The provision that CIME shall not reach conclusions on the conduct of individual enterprises has been maintained in the Decision itself.
- 24.
- CIME will consider requests from NCPs for assistance, including in the event of doubt about the interpretation of the Guidelines in particular circumstances. This paragraph reflects paragraph C-2c) of the Procedural Guidance to the Council Decision pertaining to NCPs, where NCPs are invited to seek the guidance of the CIME if they have doubt about the interpretation of the Guidelines in these circumstances.
- 25.
- When discussing NCP activities, it is not intended that CIME conduct annual reviews of each individual NCP, although the CIME will make recommendations, as necessary, to improve their functioning, including with respect to the effective implementation of the Guidelines.
- 26.
- A substantiated submission by an adhering country or an advisory body that an NCP was not fulfilling its procedural responsibilities in the implementation of the Guidelines in specific instances will also be considered by the CIME. This complements provisions in the section of the Procedural Guidance pertaining to NCPs reporting on their activities.
- 27.
- Clarifications of the meaning of the Guidelines at the multilateral level would remain a key responsibility of the CIME to ensure that the meaning of the Guidelines would not vary from country to country. A substantiated submission by an adhering country or advisory body with respect to whether an NCP interpretation of the Guidelines is consistent with CIME interpretations will also be considered. This may not be needed very often, but would provide a vehicle to ensure consistent interpretation of the Guidelines.
- 28.
- Finally, the Committee may wish to call on experts to address and report on broader issues (e.g. child labour, human rights) or individual issues, or to improve the effectiveness of procedures. For this purpose, CIME could call on OECD in-house expertise, international organisations, the advisory bodies, NGOs, academics, and others. It is understood that this will not become a panel to settle individual issues.
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