Revised review process for entries in the Register of Specific Exemptions

Mandate

Pursuant to Article 4 of the Convention, unless an earlier date is indicated in the Register of Specific Exemptions by a Party or the Conference of the Parties grants an extension, all registrations of specific exemptions expire 5 years after the date of entry into force of the Convention with respect to a particular chemical.

The Conference of the Parties has adopted a revised review process to be followed when requesting an extension of an exemption in the Register and when such a request is being considered by Parties. The process was adopted and revised by the first, third, fourth and seventh meetings of the Conference of the Parties.

Frequency

A Party may submit a request for an extension of an exemption in the Register by submitting a report to the Secretariat justifying its continuing need for registration of the exemption. The extension request report needs to be submitted at least 12 months before the last meeting of the Conference of the Parties that takes place before the expiry date of the exemption.
A Party may submit a request for an extension of an exemption in the Register by submitting a report to the Secretariat justifying its continuing need for registration of the exemption. The extension request report needs to be submitted at lastleast 12 months before the last meeting of the Conference of the Parties that takes place before the expiry date of the exemption.A Party may submit a request for an extension of an exemption in the Register by submitting a report to the Secretariat justifying its continuing need for registration of the exemption. The extension request report needs to be submitted at lastleast 12 months before the last meeting of the Conference of the Parties that takes place before the expiry date of the exemption.

Format

There is no specific format required by the revised review process. Parties need to include justification for the continuing need for registration of the exemption.

Procedures and processes of the Secretariat

All requests and related information as set out in the process are to be sent to the Secretariat by email (brs@un.org).

The Secretariat circulates the extension request report to all Parties and observers at least 11 months before the meeting of the Conference of the Parties that takes place before the expiry date of the exemption and requests that they submit other available information relevant to the report, as far as possible in the English language, at least 6 months before that meeting of the Conference of the Parties.

The Secretariat collects, translates as necessary and submits all available information together with the extension request report to all Parties at least 5 months before the meeting of the Conference of the Parties.

The Secretariat reviews all available information, including technological and economic aspects and availability of alternatives and emissions control options relevant for the decision on the request for an extension, and prepares a report to the Conference of the Parties. The Secretariat circulates the report to all Parties and observers not later than 3 months before that meeting of the Conference of the Parties and the Conference of the Parties decides at its meeting on the request for an extension of an entry in the Register prior to the expiry date of the exemption.

Requests for extensions of exemptions transmitted to the Secretariat are available here.

ARTICLE 4
Register of specific exemptions

1.    A Register is hereby established for the purpose of identifying the Parties that have specific exemptions listed in Annex A or Annex B. It shall not identify Parties that make use of the provisions in Annex A or Annex B that may be exercised by all Parties. The Register shall be maintained by the Secretariat and shall be available to the public.

2.    The Register shall include:

(a) A list of the types of specific exemptions reproduced from Annex A and Annex B;

(b) A list of the Parties that have a specific exemption listed under Annex A or Annex B; and

(c) A list of the expiry dates for each registered specific exemption.

3.    Any State may, on becoming a Party, by means of a notification in writing to the Secretariat, register for one or more types of specific exemptions listed in Annex A or Annex B.

4.    Unless an earlier date is indicated in the Register by a Party, or an extension\ is granted pursuant to paragraph 7, all registrations of specific exemptions shall expire five years after the date of entry into force of this Convention with respect to a particular chemical.

5.    At its first meeting, the Conference of the Parties shall decide upon its review process for the entries in the Register.

6.    Prior to a review of an entry in the Register, the Party concerned shall submit a report to the Secretariat justifying its continuing need for registration of that exemption. The report shall be circulated by the Secretariat to all Parties. The review of a registration shall be carried out on the basis of all available information. Thereupon, the Conference of the Parties may make such recommendations to the Party concerned as it deems appropriate.

7.    The Conference of the Parties may, upon request from the Party concerned, decide to extend the expiry date of a specific exemption for a period of up to five years. In making its decision, the Conference of the Parties shall take due account of the special circumstances of the developing country Parties and Parties with economies in transition.

8.    A Party may, at any time, withdraw an entry from the Register for a specific exemption upon written notification to the Secretariat. The withdrawal shall take effect on the date specified in the notification.

9.    When there are no longer any Parties registered for a particular type of specific exemption, no new registrations may be made with respect to it.