1. The present document provides information on a number of existing international legally binding instruments which contain provisions that might be relevant to an international legally binding instrument for implementing international action on certain persistent organic pollutants (POPS), hereinafter referred to as the POPs instrument. In accordance with decision 19/13 C of the Governing Council of the United Nations Environment Programme (UNEP), and without prejudice to the content of the future POPs instrument, emphasis has been placed on provisions concerning emissions and discharges, the production or use of the groups of chemicals which cover one or more of the 12 specified POPs and the transboundary movement of such chemicals through international trade.

2. Currently, there are no global legally binding instruments which address transboundary air pollution by POPs.

3. Within the Economic Commission for Europe region, the 1979 Convention on Long-range Transboundary Air Pollution deals with problems of air pollution in the transboundary context. Under this Convention, a draft protocol on POPs is expected to be adopted in June 1998. The final draft of 31 March 1998 states: "The objective of the present Protocol is to control, reduce or eliminate discharges, emissions and losses of persistent organic pollutants". POPs are defined as "organic substances that: (i) possess toxic characteristics; (ii) are persistent; (iii) bioaccumulate; (iv) are prone to long-range transboundary atmospheric transport and deposition; and (v) are likely to cause significant adverse human health or environmental effects near to and distant from their sources". Each party is required to take effective measures to eliminate the production and use of the substances listed in annex I; to ensure that, when the substances listed in annex I are destroyed or disposed of, such destruction or disposal is undertaken in an environmentally sound manner; to endeavour to ensure that the disposal of substances listed in annex I is carried out domestically; to ensure that the transboundary movement of the substances listed in annex I is conducted in an environmentally sound manner; and to restrict the use of the substances listed in annex II to the uses described, in accordance with the implementation requirements specified therein.

4. Annex I lists the following chemicals whose production and use are to be eliminated: aldrin, chlordane, chlordecone, DDT (except as identified in annex II), dieldrin, endrin, heptachlor, hexabromobiphenyl, hexachlorobenzene, mirex, polychlorinated biphenyl (PCB) (except as identified in annex II) and toxaphene. Annex II lists substances scheduled for restrictions on use as follows: DDT, HCH (including lindane), PCB (PCBs in use as of the date of entry into force or produced up to 31 December 2005 in accordance with the provisions of annex I). Annexes I and II do not apply to the listed chemicals when they occur as contaminants in products; or in articles manufactured or in use by the implementation date; or as site-limited chemical intermediates in the manufacture of one or more different substances and are thus chemically transformed.

5. In addition, each party must reduce its total annual emission of each of the substances listed in annex III from the level of the emission in a reference year set in accordance with annex III by taking effective measures appropriate in its particular circumstances. Annex III lists polycyclic aromatic hydrocarbons (PAHs), dioxins/furans and hexachlorobenzene.

6. The 1982 United Nations Convention on the Law of the Sea, in article 207, under section 5 of part XII, sets out provisions concerning pollution from land-based sources. States parties, acting especially through competent international organizations or a diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control pollution of the marine environment, taking into account characteristic regional features, the economic capacity of developing States and their need for economic development. They must endeavour to harmonize their policies in preventing, reducing and controlling pollution from land-based sources at the appropriate regional level.

7. The rules, standards and recommended practices and procedures referred to above shall include those designed to minimize, to the fullest extent possible, the release of toxic, harmful or noxious substances, especially those which are persistent, into the marine environment. States parties are further required to take similar measures with respect to pollution of the marine environment from or through the atmosphere and pollution by dumping (articles 212 and 210, respectively).

8. The 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention 1972) states that contracting parties shall individually and collectively promote the effective control of all sources of pollution of the marine environment and pledge themselves especially to take all practicable steps to prevent the pollution of the sea by dumping of wastes and other matter liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea. For this purpose, they are required to take effective measures and to harmonize their policies.

9. The 1996 Protocol to the London Convention 1972 will supersede the Convention as between contracting parties to this Protocol which are also parties to the Convention. In achieving objectives almost identical to those of the Convention, contracting parties are required to apply a precautionary approach to environmental protection from the dumping of wastes and other matter, whereby appropriate preventive measures are taken when there is reason to believe that wastes and other matter introduced into the marine environment are likely to cause harm even when there is no conclusive evidence to prove that a causal relationship exists between inputs and their effects. Contracting parties must prohibit the dumping of any wastes or other matter with the exception of those listed in annex 1, and the dumping of wastes or other matter listed in annex 1 shall require a permit. Annex 1 lists the following: dredged material; sewage sludge; fish waste; vessels and platforms or other man-made structures at sea; inert, inorganic geological material; organic material of natural origin; and bulky items consisting primarily of iron, steel, concrete and similarly unharmful materials. Contracting parties must prohibit the incineration at sea of wastes or other matter, and must not allow the export of other matter to other countries for dumping or incineration at sea.

10. At the regional level, a number of regional seas conventions and protocols cover emissions and discharges of hazardous chemicals into the marine environment, particularly in relation to the control of pollution from land-based sources and activities.

11. The 1992 Convention on the Protection of the Marine Environment of the Baltic Sea Area requires the contracting parties to take all appropriate legislative, administrative and other relevant measures to prevent and eliminate pollution in order to promote the ecological restoration of the Baltic Sea area and the preservation of its ecological balance. Such measures include application of the precautionary principle, promotion of the use of best environmental practices and best available technology, and application of the polluter-pays principle.

12. The contracting parties are required to implement the procedure set out in annex I in identifying and evaluating harmful substances with a view to preventing and eliminating marine pollution from such substances. Priority groups of harmful substances include: heavy metals and their compounds; organohalogen compounds; organic compounds of phosphorus and tin; pesticides and chemicals used for the preservation of wood, timber, wood pulp, cellulose, paper, hides and textiles; other organic compounds especially harmful to the marine environment.

13. Part 2 of annex I lists substances whose use must be totally or partially prohibited by the contracting parties in the Baltic Sea area and its catchment area. They include substances banned for all final uses, with the exception of pharmaceutical drugs and substances banned for all uses, except in existing closed system equipment until the end of service life or for research, development and analytical purposes.

14. Pursuant to part 3 of annex I, the contracting parties must endeavour to minimize and, whenever possible, to ban the use of the following substances as pesticides in the Baltic Sea area and its catchment area: acrylonitrile; aldrin; aramite; cadmium compounds; chlordane; chlordecone; chlordimeform; chloroform; 1,3-dibromoethene; dieldrin; endrin; fluoroacetic and derivatives; heptachlor; isobenzane; isodrin; kelevan; lead compounds; mercury compounds; morfamquat; nitrophen; pentachlorophenol; polychlorinated terpenes; quintozene; selenium compounds; 2,4,5-T; toxaphene.

15. Harmful substances from point sources must not, except in negligible quantities, be introduced directly or indirectly into the marine environment of the Baltic Sea area without a prior special permit, which may be periodically reviewed, issued by the appropriate national authority. The contracting parties must ensure that authorized emissions to water and air are monitored and controlled.

16. The 1992 Convention for the Protection of the Marine Environment of the North-East Atlantic obligates the contracting parties to take all possible steps to prevent and eliminate pollution and protect the marine area (as defined in article 1 (a), which generally covers the north-eastern part of the Atlantic Ocean and a part of the Arctic Ocean adjacent to it, but excludes the Baltic Sea and the Mediterranean Sea). The contracting parties must apply the precautionary principle and the polluter-pays principle, adopt relevant programmes and measures and, in carrying out such programmes and measures, ensure the application of the best available techniques and best environmental practices, including, where appropriate, clean technology.

17. Under article 3, the contracting parties are required to take, individually or jointly, all possible steps to prevent and eliminate pollution from land-based sources, which are further elaborated in annex I. The substances which are to be subject to programmes and measures of the contracting parties include: heavy metals and their compounds; organohalogen compounds (and substances which may form such compounds in the marine environment); organic compounds of phosphorus and silicon; biocides such as pesticides, fungicides, herbicides, insecticides, slimicides and chemicals used, inter alia, for the preservation of wood, timber, wood pulp, cellulose, paper, hides and textiles; oils and hydrocarbons of petroleum origin; nitrogen and phosphorus compounds; radioactive substances, including wastes; and persistent synthetic materials which may float, remain in suspension or sink.

18. Point source discharges to the maritime area, and releases into water or air which reach and may affect the maritime area, must be strictly subject to authorization or regulation by the competent authorities of the contracting parties. A commission, made up of the representatives of each of the contracting parties, is to draw up plans for the reduction and phasing out of substances arising from land-based sources that are toxic, persistent and liable to bioaccumulate.

19. The 1992 Convention on the Protection of the Black Sea against Pollution provides that each contracting party must prevent pollution of the marine environment of the Black Sea from any source by substances or matter specified in the annex to this Convention. The annex lists, inter alia, organohalogen compounds (e.g., DDT and PCBs) and persistent substances with proved toxic, carcinogenic, teratogenic or mutagenic properties. The 1992 Protocol on Protection of the Black Sea Marine Environment Against Pollution from Land-based Sources obligates the contracting parties to undertake to prevent and eliminate pollution of the marine environment of the Black Sea from land-based sources by substances and matter listed in its annex I, including, inter alia, organohalogen compounds and persistent substances with proved toxic, carcinogenic, teratogenic or mutagenic properties.

20. The Barcelona Convention, as amended in 1995, sets out provisions requiring the contracting parties to take appropriate measures to prevent, abate, combat and eliminate to the fullest extent possible pollution of the Mediterranean Sea area, and to draw up and implement plans for the reduction and phasing out of substances that are toxic, persistent and liable to bioaccumulate arising from land-based sources. These measures apply to pollution originating within the territories of the parties and reaching the sea, directly from outfalls discharging into the sea or through coastal disposal, indirectly through rivers, canals or other watercourses, including underground watercourses, or through run-off, and pollution transported by the atmosphere.

21. The 1980 Protocol to the Barcelona Convention, as amended in 1996, sets out obligations for the contracting parties to take all appropriate measures to prevent, abate, combat and eliminate to the fullest extent possible pollution of the Mediterranean Sea area caused by discharges from rivers, coastal establishments or outfalls, or emanating from any other land-based activities within their territories, giving priority to the phasing out of inputs of substances that are toxic, persistent and liable to bioaccumulate. The Protocol applies to discharges originating from point and diffuse sources and activities within the territories of the contracting parties that may affect the Mediterranean Sea area directly or indirectly, including those which reach the Mediterranean area through coastal disposal, rivers, outfalls, canals or other watercourses that include groundwater flow, or through run-off and disposal under the seabed with access from land, and to inputs of polluting substances transported by the atmosphere.

22. Under article 5, the parties are to phase out inputs of the substances listed in annex I through national and regional action plans and programmes, containing measures and timetables for their implementation. Annex I, inter alia, lists categories of substances and sources of pollution, including organohalogen compounds and substances which may form such compounds in the marine environment, with priority given to aldrin, chlordane, DDT, dieldrin, dioxins and furans, endrin, heptachlor, hexachlorobenzene, mirex, PCBs and toxaphene.

23. The 1981 Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific states that the measures adopted by the high contracting parties to prevent and control pollution of the marine environment shall include, inter alia, measures designed to minimize to the fullest possible extent release of toxic, harmful or noxious substances, especially those which are persistent and originate from land-based sources, from or through the atmosphere and from dumping.

24. The 1983 Protocol for the Protection of the South-East Pacific against Pollution from Land-based Sources sets out obligations for the high contracting parties to endeavour to prevent, reduce, control and eliminate in their respective zones within the sphere of application of this Protocol pollution from land-based sources caused by the substances listed in annex I to the Protocol. Annex I contains substances and families and groups of substances based on their toxicity, persistence and bioaccumulation, and lists, inter alia, organohalogen compounds and substances which may form such compounds in the marine environment; organophosphorus compounds and substances which may form such compounds in the marine environment; organotin compounds and substances which may form such compounds in the marine environment; mercury and mercury compounds; and cadmium and cadmium compounds. Article IV states that the high contracting parties shall, to that end, elaborate and implement suitable programmes and measures, taking into account the capacity to adapt and reconvert existing installations, the economic capacity of the parties and their need for development. Without prejudice to the aim of eliminating discharges of the substances listed in annex I, to the extent that such substances occur, they shall be subject to a system of self-monitoring and control.

25. The 1990 Protocol to the Kuwait Regional Convention requires the contracting parties to develop and adopt, inter alia, regional regulations for the waste discharge and/or degree of treatment for all significant types of land-based sources. Pursuant to the above, annex III requires that regional regulations, along with programmes, measures and the timetable required for implementation, should be developed on a priority basis for, inter alia, toxic effluents and emissions from industries such as chlor-alkali, primary aluminum production, pesticides, insecticides, and lead recovery plants.

26. The 1991 Protocol to the Antarctic Treaty prohibits the discharge into the sea of any noxious liquid substance and any other chemical or other substances in quantities or concentrations that are harmful to the marine environment.

27. The following conventions contain similar provisions governing marine pollution from land-based sources and airborne pollution:

28. The obligations contained in the corresponding provisions of the conventions above may be summarized as follows: the contracting parties are required to take appropriate measures to prevent, reduce and control pollution in the convention area caused by coastal disposal or by discharges emanating from rivers, estuaries, coastal establishments, outfall structures or any other sources in their territories, and pollution resulting from discharges into the atmosphere from activities under their jurisdiction.

29. The 1997 Convention on the Law of the Non-Navigational Uses of International Watercourses sets out obligations for watercourse States to protect and preserve the ecosystems of international watercourses. Watercourse States must, individually and, where appropriate, jointly, prevent, reduce and control pollution of international watercourses that may cause significant harm to other watercourse States or to their environment, including harm to human health or safety, to the use of the waters for any beneficial purposes or to the living resources of the watercourse. Under article 23, watercourse States must, individually and, where appropriate, in cooperation with other States, take all measures with respect to an international watercourse that are necessary to protect and preserve the marine environment, including estuaries, taking into account generally accepted international rules and standards.

30. Watercourse States must, at the request of any of them, consult with a view to arriving at mutually agreeable measures and methods to prevent, reduce and control pollution of an international watercourse, such as:

31. The 1976 Convention on the Protection of the Rhine Against Chemical Pollution obligates contracting parties to take appropriate measures, with a view to improving the quality of the waters of the Rhine, to eliminate pollution of the surface waters of the Rhine basin by dangerous substances in the groups of substances contained in annex I. The purpose of the measures is to effect the gradual elimination of discharges of these substances, taking into account the findings of separate expert investigations and the available technical means. Annex I lists certain individual substances from the following families or groups of substances: organohalogen compounds and substances which may form such compounds in the aquatic environment; organophosphorus compounds; organotin compounds; substances in respect of which it has been proved that they possess carcinogenic properties in or via the aquatic environment; mercury and its compounds; cadmium and its compounds; persistent mineral oils and hydrocarbons of petroleum origin.

32. Within the Economic Commission of Europe region, the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes sets out the obligation for its parties to take all appropriate measures to prevent, control and reduce pollution of waters likely to cause transboundary impact.

33. The obligations of the parties include the prevention, control and reduction of the emission/discharge of pollutants at sources and setting emission limits for discharges from point sources into surface waters which are specifically applicable to individual industrial sectors or industries from which hazardous substances derive. Appropriate measures to meet these obligations may, inter alia, include total or partial prohibition of the production or use of such substances.

34. The parties are to establish programmes for monitoring the conditions of transboundary waters. The parties must endeavour to initiate or intensify specific research programmes aimed, inter alia, at methods for the assessment of the toxicity of hazardous substances and the noxiousness of pollutants, improved knowledge of the occurrence, distribution and environmental effects of pollutants and the processes involved, and the phasing out or substitution of substances likely to have a transboundary impact.

35. The 1994 Convention on Cooperation for the Protection and Sustainable Use of the Danube River, which applies to the catchment area of the Danube River, covers, inter alia, the discharge of waste waters, the inputs of nutrients and hazardous substances from both point and non-point sources, as well as heat discharge, the handling of substances hazardous to water and the precautionary prevention of accidents. In order to ensure efficient water quality protection and sustainable water use and thereby also to prevent, control and reduce transboundary impact, the contracting parties must, jointly or separately, adopt legal provisions concerning requirements, including time limits, to be met by waste water discharges, the handling of substances hazardous to water and the reduction of inputs of nutrients or hazardous substances from non-point sources.

36. The contracting parties must set emission limits applicable to individual industrial sectors or industries in terms of pollution loads and concentrations, based on low and non-waste technologies at source. Where hazardous substances are discharged, the emission limits must be based on the best available techniques for abatement at source or for waste water purification. Supplementary provisions for preventing or reducing the release of hazardous substances and nutrients must be developed by the contracting parties for non-point sources.

37. Annex II lists priority groups of hazardous substances, including: heavy metals and their compounds; organohalogen compounds; organic compounds of phosphorus and tin; and plant protection agents and pesticides. It also lists single hazardous substances, including: aldrin; DDT; dieldrin; endrin; hexachlorobenzene; and dioxins. The discharge of hazardous substances listed in annex II from point and non-point sources must be prevented or considerably reduced.

38. The draft convention on the prior informed consent (PIC) procedure for certain hazardous chemicals and pesticides in international trade (PIC convention), to be adopted in 1998, provides for procedures of international information exchange, including the PIC procedure, with respect to banned or severely restricted chemicals and severely hazardous pesticide formulations, with a view to protecting human health and the environment from potential harm from such chemicals and contributing to their environmentally sound use. With this information exchange procedure, the draft convention is designed to assist Governments in making national decisions on the import and export of such chemicals, thus giving Governments the ability to decide which chemicals they want to receive and to exclude those they cannot manage safely.

39. One of the annexes lists the chemicals to be included initially in the PIC procedure as follows: 2,4,5-T; aldrin; captafol; chlordane; chlordimeform; chlorobenzilate; DDT; dieldrin; dinoseb and dinoseb salts; 1,2-dibromoethane; fluoroacetamide; HCH (mixed isomers); heptachlor; hexachlorobenzene; lindane; mercury compounds, including inorganic mercury compounds, alkyl mercury compounds, alkyloxyalkyl and aryl mercury compounds; pentachlorophenol; monocrotophos; methamidophos; phosphamidon, methyl-parathion; parathion; crocidolite; polybrominated biphenyls (PBBs); PCBs; PCTs; and tris (2,3-dibromopropyl) phosphate. Chemicals might be added to or removed from the list in accordance with the procedure set out in the Convention.

40. The 1990 International Labour Organization (ILO) Convention (No. 170) Concerning Safety in the Use of Chemicals at Work is open to participation by ILO members and generally covers hazardous chemicals throughout their life-cycle, from their production to disposal and release into the environment. The purpose of this convention is to protect workers against risks associated with the use of chemicals in the workplace. It applies to all sectors of economic activity in which chemicals are used. It covers all chemicals without exception and provides specific measures in respect of hazardous chemicals.

41. The 1991 Protocol to the Antarctic Treaty states that no PCBs, non-sterile soil, polystyrene beads, chips or similar forms of packaging, or pesticides (other than those required for scientific, medical or hygiene purposes) shall be introduced on to land or ice shelves or into water in the Antarctic Treaty area.

42. Currently, there are no regional legally binding instruments that uniquely cover production, import and use of POPs, except for the relevant European Community legislation.

43. The Basel Convention sets out a global mechanism for the control of transboundary movements of hazardous wastes and other wastes covered by the Convention. It stipulates the prior written consent procedure on a shipment-by-shipment basis, relevant information exchange and other measures to control transboundary movements of hazardous wastes. The Convention also provides for the obligation of each party to take appropriate measures to reduce the generation of hazardous wastes to a minimum and to undertake the environmentally sound management of such wastes, including the prevention of pollution from management and disposal. The provisions concerning international cooperation in the relevant areas of hazardous wastes management are also set out in the Convention.

44. The 1995 Amendment to the Convention prohibits transboundary movements of hazardous wastes destined for final disposal from the parties that are members of the Organisation for Economic Cooperation and Development and the European Community and from Liechtenstein to other States. More detailed information on the Basel Convention and its relevance to POPs is available in document UNEP/POPs/INC.1/INF/1.

45. The Bamako Convention, membership of which is open to all Organization of African Unity (OAU) member States, sets out obligations for all parties to prohibit the import of hazardous wastes into Africa from non-parties, prohibit the dumping at sea of hazardous wastes and control transboundary movements of hazardous wastes generated in a State party.

46. "Hazardous wastes" under the Bamako Convention encompass the hazardous wastes defined in the Basel Convention, with wider application of waste streams and hazardous characteristics to define hazardous wastes, and also include the following: hazardous substances which have been banned, cancelled or refused registration by government regulatory action or voluntarily withdrawn from registration in the country of manufacture for human health or environmental reasons; radioactive wastes; household wastes, including sewarge and sewage sludges; and residues arising from the incineration of household wastes.

47. In addition to the provisions banning imports and transboundary movements of hazardous wastes, the Convention requires each party to reduce the generation of hazardous wastes to a minimum; ensure that persons involved in the management of hazardous wastes take steps to prevent pollution from such wastes and, if pollution occurs, minimize the consequences of such incidents for human health and the environment; strive to adopt and implement the precautionary approach to pollution problems, which entails, inter alia, preventing the release into the environment of substances that may cause harm to humans or the environment without waiting for scientific proof regarding such harm.

48. The Waigani Convention sets out obligations whereby each Pacific island developing party must prohibit the import of hazardous wastes and radioactive wastes from outside the Convention area; each other party, including developed countries in the region, must prohibit the export of hazardous wastes and radioactive wastes to all forum island countries; and each party which is a party to other relevant conventions must reaffirm its commitment under such instruments to prohibit the dumping of hazardous wastes and radioactive wastes at sea.

49. The Convention establishes obligations for each party to reduce the generation of hazardous wastes to a minimum; ensure the availability of adequate treatment and disposal facilities for the environmentally sound management of hazardous wastes; and prohibit hazardous wastes from being exported to or imported from non-parties within the Convention area unless the party enters into bilateral or multilateral agreements with non-parties regarding the transboundary movement and management of hazardous wastes that are in conformity with the Convention. The Waigani Convention covers the hazardous wastes defined in the Basel Convention, plus the following: household wastes, including sewage and sewage sludges, with the exception of clean stored recyclable wastes which do not possess any of the hazardous characteristics defined in the Convention; and residues arising from the incineration of household wastes.

50. The Lomé IV Convention, as amended in 1995, requires the contracting parties to make every effort to ensure that international movements of hazardous wastes and radioactive wastes are generally controlled. The European Community is to prohibit all direct or indirect exports of such wastes to the ACP States, while at the same time the ACP States will prohibit the direct or indirect import into their territory of such wastes from the Community or from any other country, without prejudice to specific international undertakings to which the contracting parties have subscribed or may subscribe in the future in these two areas within the competent international forums.

51. These provisions do not prevent a State member of the Community to which an ACP State has chosen to export wastes for processing from returning the processed wastes to the ACP State of origin. At the request of the ACP States, the European Community is required to provide available technical information on pesticides and other chemical products with a view to helping them develop or reinforce a suitable and safe use of these products. Where necessary, and in accordance with the provisions for the development of financial cooperation, technical assistance can be given in order to ensure conditions of safety at all stages, from production to disposal of such products.

52. The 1996 Protocol to the Barcelona Convention states that the parties shall take all appropriate measures to prevent, abate and eliminate pollution in the Protocol area which can be caused by transboundary movements and disposal of hazardous wastes. The parties shall take all appropriate measures to reduce to a minimum and, where possible, eliminate the generation of hazardous wastes, reduce to a minimum the transboundary movement of hazardous wastes and, if possible, eliminate such movement in the Mediterranean.