INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR AN
  INTERNATIONAL LEGALLY BINDING INSTRUMENT FOR
  IMPLEMENTING INTERNATIONAL ACTION ON
  CERTAIN PERSISTENT ORGANIC POLLUTANTS

Second session
Nairobi, 25-29 January 1999

GOVERNMENT SUBMISSIONS PERTAINING TO THE DEVELOPMENT OF A DRAFT DISCUSSION TEXT OF AN INTERNATIONAL LEGALLY BINDING INSTRUMENT FOR IMPLEMENTING INTERNATIONAL ACTION ON CERTAIN PERSISTENT ORGANIC POLLUTANTS

Annex

GOVERNMENT SUBMISSIONS PERTAINING TO THE DEVELOPMENT OF A DRAFT DISCUSSION

TEXT OF AN INTERNATIONAL LEGALLY BINDING INSTRUMENT FOR IMPLEMENTING

INTERNATIONAL ACTION ON CERTAIN PERSISTENT ORGANIC POLLUTANTS

CANADA

FOR CONSIDERATION AT INC-2

1. Preamble

1. -refer to UNEP GC Decision 19/13 C that gives the mandate for these negotiations -refer the UN ECE Aarhus Protocol under the Convention on Long-range Transboundary Air Pollution

-refer to the Precautionary Approach, as defined in Principle 15 of the Rio Declaration

-recognize existence of subregional, regional and global regimes in place, in particular, the UNEP Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; and draft UNEP/FAO Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

2. Definitions

2. - Persistent Organic Pollutants (POPs)

- cost-effective alternative

3. Objective(s)

3. -reduce and/or eliminate emissions, discharges of certain POPs and minimize health and environmental effects of remaining use of those POPs intentionally produced

4. Scope of the Convention

4.

(a) Identify where the Convention applies:

industrial chemicals and their emissions; pesticides and their contaminants

(b) Identify where the Convention does not apply:

(i) Narcotic drugs and psychotropic substances;

(ii) Radioactive materials;

(iii) Wastes;

(iv) Chemical weapons;

(v) Human and veterinary drugs;

(vi) Food;

5. Control Measures/Basic Obligations

(a) Controls of production and/or use of certain chemicals.

- target all chemicals and have an Annex for each controlled substance would allow Parties to agree to have different types of controls for each substance, if necessary.

(b) Release restriction provisions pertaining to certain chemicals.

6. Exemptions

6. (i) Public health emergencies where no cost effective alternatives are available;

(ii) Chemicals in quantities not likely to affect human health or the environment provided they are used for the purpose of research or analysis.

7. Implementation of the Convention

7. Require each Party to take measures for effective implementation of the convention, including national plans, policies or strategies, to allow for regional implementation plans and reporting. Allow Parties to take more stringent measures than those required by the POPs agreement.

8. Process for adding chemicals to the convention

8.

9. Management and disposal of POPs stockpiles

9. Elimination/disposal of stockpiles, identify chemicals still in use, wastes containing these substances and have requirement that wastes are to be disposed of in an environmentally sound manner taking into account requirements of appropriate subregional, regional and global regimes such as the UNEP Basel Convention.

10. Information exchange

10. Information exchange or transmission articles taking into account requirements of appropriate subregional, regional and global regimes such as the UNEP/FAO Rotterdam PlC Convention.

11. Research and development

11. Promote research and development.

12. Technical/Scientific Advisory Panels/Groups

12. Allow for input from technical/scientific advisory groups to provide technical information on specific issues for consideration by Parties, as in the Montreal Protocol.

13. Technical assistance

13.

14. Financial resources for implementation of the Convention

14.

15. Compliance

15.-determine non-compliance and treatment of Parties found to be in non-compliance.

16. Settlement of disputes

16. identify ways of settling disputes between Parties concerning the interpretation and application of the convention.

17. Monitoring/Reporting

17.-establishment of reporting provisions, so to provide information necessary to determine compliance with the Convention as well as assess the overall effectiveness of the substantive rules of the Convention

18. Conference of the Parties

18. -establishment of the Conference of Parties with associated elements

19. Secretariat

19.

20. Amendments to the Convention

20. -provide for amendments to this Convention with the associated processes for such amendments.

21. Adoption and amendment of annexes

21.

22. Annexes

22.

23. Right to vote

23.

24. Signature

24.

25. Ratification, acceptance, approval or accession

25.

26. Entry into force

26.

27. Reservations

27.

28. Withdrawal

28.

29. Depositary

29.

30. Authentic texts

30.

EUROPEAN UNION

Submitted by the Government of Austria on behalf of the European Union
Global POPs-Convention
EC-Position (17 September 1998)

The following proposal reflects the position of the EC at this stage of its assessment of the possible content of a Global POPs Convention without prejudice to further refinement of and amendment to this preliminary position.

I. Substantive Articles

A. Preamble

Appropriate language should be developed only at a later stage of the negotiation when the substance of the Articles becomes clearer. A clear reference to existing protocols and conventions especially to the UN-ECE Protocol on POPs and to the precautionary approach as laid down in Principle 15 of the Rio Declaration should be included. The after reference could also be included in the objectives. Reference could be made to the achievement of efficient and coherent management of chemicals.

B. Definitions

The PIC, Basel and LRTAP/POPs definitions should be considered as a starting point amended to allow for all dispersion mechanisms, not only air. The definition of POP should be sufficiently broad to accommodate the inclusion of additional substances in the convention. Taking into account existing agreements a draft list for main terms should be prepared.

C. Objectives

In order to protect human health and the environment from effects which may be caused by POPs the objective of the convention should be to eliminate or, if not possible to reduce or otherwise control discharges, emissions and losses of persistent organic pollutants, in accordance with the precautionary principle.

D. Measures to reduce and/or eliminate releases of POPs into the environment

*Introduction of effective measures to eliminate production, use and trade of specified POPs (a complete ban or phase-out should be the preferred option)

*Introduction of effective measures to prevent and, where that is not practicable to reduce emissions of specified POPs from mobile sources

*Introduction of effective measures to control use of specified POPs
^*ELVs should be developed for dioxines/furans
^*Promotion of use of alternative substances/methods to replace the use of POPs
^*Collection of information on manufacture, uses, emissions and disposals of POPs
^*Development of national or regional strategies, plans or programmes to meet the obligations of the legal instrument

If any exemptions are required they should be precisely defined and granted on a case by case basis only for a limited time period when a need is clearly documented. There should not be a general acceptance of less stringent deadlines for particular countries. It is essential to underline that each country has an overall responsibility for domestic implementation.

E. National Plans and progress reports

Countries should be obliged to set up national or on a voluntary basis, regional implementation plans. Regional plans could help developing countries in preparing their implementation plans. In general regional cooperation developed under the convention should be consistent with and at least as stringent as the global convention -

Reporting by parties in this context should be used to establish cooperation and joint capacity building. The reporting obligations should be flexible but provide clear landmarks that will enable Parties to identify progress and focus the limited resources in enhancing the most cost effective aspects. The article should be tailor-made to the needs arising from the basic obligations. The frequency and format of reports might be defined by a future meeting of the Parties.

F. Process for adding chemicals to the convention

A procedure for addition of further substances to the convention is essential. The procedure should include criteria for identifying candidate substances as well as a further mechanism for inclusion of a substance in the convention. The procedure should take into account the precautionary principle and the criteria should be the first screening for further substances. Chemicals, for which assessment according to these criteria took place, should thereafter be subject to a mechanism for inclusion in the convention.

Similar to the procedures of the PIC-convention a scientific committee should be enabled to recommend substances for the inclusion in the convention.

The 12 initial POPs and others which meet the criteria should be listed in separate Annexes for elimination, reduction in use or reduction in emissions. Although the outcome of the CEG cannot be anticipated its work, as well as work in other relevant for a, should be duly taken into account during the negotiating process.

G. Management and disposal of POPs stockpiles

Management of stock piles and preventing new stock piles are major targets of the convention.

Banned substances should be stored, handled and destroyed in an environmentally sound manner. Exports and imports of those substances shall be allowed for purpose of destruction only. Domestic or regional final disposal should be encouraged where feasible.

Existing international agreements such as the Basel Convention will be complemented by these provisions.

H. Information Exchange

General obligations should be along the lines of existing instruments, such as PlC, Sasel and LRTAP. IGO and NGO work should be mentioned.

I. Public Information, awareness and education

In accordance with Principle 10 of the Rio declaration this article should state a general right to information on issues related to the convention.

These provisions should be tailor-made to the needs arising from the basic obligations. In this respect existing regional agreements could serve as a model. Priority should be given to the use of already existing mechanisms. The conclusions of the IFCS / UNEP awareness raising workshops should be considered in drafting this section.

J. Research, development and monitoring

As a priority inventories of use/production of POPs should be developed.

Field research and synthesis of available information on freshwater and marine environment, as a receptor of long range air pollution and as a source through the food webs could be included. The research needs in the areas of risk assessment, exposure and dose estimates could also be included.

Priority should be given to the use of already existing mechanisms.

It should be discussed if research on alternatives, including technology and best practice, is a responsibility of Parties and how this relates to financial aspects.

K. Technical assistance

The technical assistance should be demand-driven and specifically addressing the needs of developing countries and countries with economies in transition.

In this respect suitable subjects could be:

*inventories

*awareness-raising measures

*capacity-building

*monitoring

*disposal of substances

*access to information on alternative substances and technologies

A link between technical assistance and information exchange H and reporting E should be established.

L. Financial issues

The working group which has been established should consider the needs of developing countries, in particular the least developed countries, and countries with economies in transition in relation to their obligations under this legal instrument. This working group should examine the role of existing funding mechanisms, be they bi- or multi-lateral (GEF f.e.), and of relevant international institutions (f.e. UNIDO, WHO, FAO). This group should have a balanced representation and foresee the participation of IFI and other relevant institutions.

Meaningful negotiations on financial issues can only start when there is a skeleton of the obligations and activities under this legal instrument.

M. Compliance

This article could provide for the establishment of an effective Compliance mechanism aimed, in particular, at assisting Parties to fulfil their obligations and at the proper enforcement of the instrument's provisions. Experiences gained from other international instruments should be

taken into account. This mechanism should have a link to reporting by parties.

N. Settlement of disputes

The European Community and the Member States will support proposals aimed at developing appropriate dispute settlement mechanisms under the future instrument with a view to ensure the effectiveness of the provisions. Experiences gained from other international instruments should be taken into account.

O. Institutional arrangements

The final provisions such as COP, subsidiary bodies, amendment procedure and voting should be developed on the basis of existing instruments.

The decision UNEP GO 19/13 D has to be taken into account with respect to institutional arrangements.

II. Final Clauses

Final clauses should be developed based on existing precedents, particularly the PIC Convention.

ICELAND

1. Introduction.

The purpose of this paper is mainly to address two issues that in our opinion deserve special attention. The first one is the development of the convention after its entry into force and the second are the obligations relating to unintentionally produced by-products.

Iceland recognises that the negotiations on proposed POPs instrument have to deal with extremely complicated matters in a very short time-span. The mandate given in UNEP GC 19/13 C from 7 February 97 directs the INC to finish its work by the year 2000. This in fact requires extremely good organisation of the work and arrangement for a systematic approach to this challenging task

Iceland is of the opinion that this ambitious task can be fulfilled within the set timeframe provided there is good spirit of co-operation and we pursue the work systematically. The most pragmatic approach would appear to be to focus the discussion at first primarily on the pressing issues that will have to be addressed and resolved in the legal instrument . Detailed technical discussion on matters which it is foreseen will be of recommendatory nature and which will have no firm legal obligation in the instrument should be left for consideration at a later stage.

2. Assessment of the present situation.

The mandate in UNEP GC 19/13 C regarding the dirty dozens distinguishes between:

- pesticides,

- industrial chemicals,

- unintentionally produced by-products

The responses at INC 1 in Montreal, without any prejudice to the final outcome, indicated in general terms the following positions, which are more or less in line with the agreement in LRTAP:

1. With specific exception for use of DDT, there seems to be emerging consensus for a total ban for majority of the pesticides named in UN GC 18/32 from 25 May 1995.

2. There seems to be widespread support for total ban on production on PCB, together with restriction on its use and obligations regarding its destruction.

3. It is unlikely that there will be strong legal commitments regarding control of PAHs. Instead it is more likely that this particular problem will be addressed by recommendations of technical nature.

4. Programmes and measures regarding dioxins and furans will in all

likelihood also be of recommendatory nature.

We foresee that technical recommendations will change relatively rapidly with time as knowledge and experience evolve. Furthermore, some of the actions regarding for example PAHs, dioxins and furans may be region-specific as environmental conditions as well as financial and technical capabilities differ between countries and regions.

In addition, Iceland thinks it is also important, at this stage, to consider how the proposed instrument on POPs will operate in the future, that is whether it is designed to be dynamic i.e. be flexible !and adapt with time, or static i.e. containing more or less the final agreement. The outcome of the discussions, inter alia on the criteria for new substances, will govern how dynamic such instrument will be.

It can be quite complicated to have an agreed lengthy technical text of recommendatory nature in a legal text, as can bee seen in Annexes 5 - 7 in UN ECE-LRTAP. Furthermore, substantial part of these annexes will outdate relatively quickly.

The IMO/OSPAR approach has the advantage of rendering the instrument more flexible and allows it to evolve through resolutions or decisions as our knowledge of POPs enhances - yet at the same time having firm rules regarding the format and the scope of such resolutions.

Considering the above, Iceland believes it to be both extremely important and pragmatic that we consider carefully a flexible structure for the instrument; a structure that will contain the following elements :

Strong framework commitments

Strong and universally applicable commitments on phase-outs or other restrictions to be specified in Annexes to the Convention which will be subject to changes by decisions of the Conference of the Parties.

A framework for the adoption of:

Technical recommendations that can be region specific and which can change rapidly with time, to be adopted by the Conference of Parties.

Guidance for example to BAT and BEP in different industries/activities - that can be both regionally specific and change with time which can be adopted by the Conference of Parties

3. Proposals for a draft text

As regards unintentionally produced by-products parties need to consider very carefully how detailed an instrument/a convention can be expected to be. It is foreseen that obligations relating to these by-products is going to be a complicated issue in the negotiations. Emissions inventories are few and in some cases not accurate. The immediate question that arises, what sort of obligations can be made and how can they be constructed and complied with. Within in the timeframe that has been given for these negotiations it is not very likely that detailed obligations concerning dioxins and furans will be made. If however the convention includes a mechanism that can address this issue after the entry into force of an instrument the whole process of negotiations would be speed up.

Iceland suggests that the two issues mentioned above can be solved by incorporating a mechanism of decisions and recommendations into the instrument/convention. The idea is to give certain authority to the Conference of the Parties to take decisions or make recommendations that become obligatory upon the parties by certain prescribed rules.

Decisions would be legally binding upon those who vote for it after whereas recommendations would not have a binding force. Such system would eventually make amendments of the convention easier since the decisions and/or recommendations will be known beforehand and maybe even have been practised for some time. It should be mentioned that this method has been used in a number of international agreements on marine pollution and has proven to be successful (IMO conventions and OSPAR).

Following are suggestions on how this could be fitted in an instrument.

To be placed after the Articles of the Amendment of Annexes in a draft text:

ARTICLE xx

DECISIONS AND RECOMMENDATIONS

Decisions and recommendations will be based on scientific or technical considerations!, and may take into account legal social and economic factors as appropriate.

a) Decisions

Decision shall be adopted by unanimity of the Conference of the Parties.

Should unanimity not be attainable, and unless otherwise provided in the Convention, the Conference of the Parties, may nonetheless adopt a decision by a two-thirds majority vote of the Contracting Parties which are present and voting at a Conference of the Parties.

A decision shall be binding on the expiry of a period of two hundred days after its adoption. for those Contracting Parties that voted for it.

b) Recommendations

Recommendations shall be adopted by unanimity of the Conference of the Parties.

Should unanimity not be attainable, and unless otherwise provided in the Convention, the Conference of the Parties, may nonetheless adopt recommendations by a three-quarters majority vote of the Contracting Parties present and voting.

Recommendations shall have no binding force.

4. How the structure might operate

For example the obligations on by-products could the be in the terms of setting emission limit values (ELV), but the measures on how to achieve that aim would be constructed through decisions made by COP meetings. The same could apply to BAT. If we agree that BAT should be used to minimise the emission of certain by-product, COP could decode or recommend what is BAT at given time and even for different sectors or areas. The decisions-process would in a way substitute what is now the recommendatory part of the ECE protocol. The advantage is that whenever a new technology is discovered, the convention could respond to it rather quickly and decide or recommend that this technology should be applied immediately for those who vote for it. That would lead to faster spread of knowledge and furthermore it would create some pressure on those who do not vote for it, especially if some financial strings are attached to it.

A mechanism as described above could the constructed in such manner that it could address problems of different nature, such as regionalisation, different timetables, and differences in ecological and economic conditions of parties to the convention. It could also address issues such as BAT and ELV (emission limit values). Iceland would like to emphasise that there are many ways to construct this type of mechanism and welcomes discussions on that subject.

At the same time we emphasise that this type of mechanism should be constructed in such a manner that it does not dilute obligations and aims of the convention itself. It should serve the purpose of making the convention dynamic and responsive.

JAPAN

COMMENTS ON DEVELOPMENT OF A LEGALLY BINDING INSTRUMENT

REGARDING PERSISTENT ORGANIC POLLUTANTS

A. Preamble and C. Objectives

The wording of preamble and the objectives of the POPs Convention should be discussed after the outline of the draft text and its guiding principles become clear.

B. Definition

It is necessary to define the technical terms of the important concepts after technical problems have been listed up and specific items to be incorporated in each clause have been clarified. It is essential to define the scope of "chemicals," how to "control" the chemicals on what occasions and how far they should be controlled.

Uniform and indiscriminate methods and targets should be set regardless of whether they are developed or developing countries. If it is necessary to differentiate between developed and developing countries, different periods of grace should be set for enforcing the restrictions.

Measures to control POPs

1. Regarding products (POPs except paragraph 2. below), one of the following measures should be implemented, taking into consideration whether alternatives are available and other factors:

(1) To eliminate the production and use of POPs in principle after a certain transitional period, or

(2) To restrict such chemicals to certain use.

However, these measures should not be applied to the following exceptional cases:

a. POPs used in a state of airtightness (such as PCB in electric voltage transformers). However, it is essential to ensure such chemicals to be properly disposed after practical use.

b. Chemicals that are indispensable from the viewpoint of public hygiene and are used in accordance with WHO or other guidelines.

c. Production and use of such chemicals for experiment and research .

2. Regarding by-products such as dioxins and furans, the parties should be obliged to take measures to reduce their emissions .

3. The Convention will not include restrictions on international trade in POPs because the issue should be covered by the PIC Convention and the Basel Convention.

4. The annex should list up the substances to be covered by the Convention and classify them into the levels of controls according to form of usage.

E. National plans and progress report

For the implementation of the Convention, the parties should be required to prepare national plans, and submit reports on their progress to the Conference of the Parties so that the parties can review them in the Conference. However, the parties should not be compelled to set quantified targets or take other measures on the bases of their national plans.

F. Process for adding chemicals to the Convention

It is necessary to define clear criteria and the procedures for adding new chemicals to be covered by the Convention, based on scientific grounds and necessity .

G. Management and disposal of POPs stockpile

The parties must make their utmost efforts to dispose their POPs stockpile (both unused POPs and wastes) in an environmentally sound way. In particular, From the experience of banning the production and use of PCB more than 25 years ago, Japan views it difficult to check all of its stockpiles of POPs and oblige the party to maintain properly and is in favor of encouraging -- and not requiring -- the parties to "take measures to ensure to manage POPs in an environmentally sound way ."

H. Information exchange

It is necessary that a framework is established by the secretariat under which the parties can smoothly exchange information on the safety measures regarding POPs (including management and technologies of destroying such chemicals without damaging the environment).

I. Public information, awareness and education

In order to implement effective measures to prevent POPs , it is important, at both the domestic and international levels, to increase the transparency of available information on the production, consumption, imports and exports of POPs, measures being taken by the governments and the concentration of such chemicals. To this end, it is necessary for the secretariat to create the databases and disclose such information through the internet or other media.

Public awareness activities are needed to promote understanding on the risk of the POPs.

J. Research, development and monitoring

The parties should be required to promote their research activities aimed at developing alternatives and technologies of disposing of POPs. In implementing measures against chemicals, monitoring is indispensable for grasping how far chemicals have contaminated the environment. It is necessary to create a mechanism for improving the monitoring technology in each region as monitoring technology and locations are different from country to country.

K. Technical assistance and L. Financial resources and mechanisms

The Convention should provide the following measures for developing countries that discontinue to produce POPs:

1. to actively cooperate in transfer the technologies of producing alternative chemicals and disposing POPs in stock without damaging the environment to developing countries in accordance with the donor countries' laws and policy;

2. to consider effectively using the existing financial mechanisms rather than establishing a new one to extend financial assistance to help developing countries to finance their additional expenses for acquiring the above-mentioned technologies.

Q. Institutional arrangements

The possibility of entrusting an existing international organization with functions of the secretariat of the Convention should be explored instead of establishing a new secretariat.

Annex

Technological matters such as criteria for adding new chemicals to be covered by the Convention and management methods of POPs should be described in Annexes. In drafting the Annex, the parties should determine the types and scope of chemicals to be covered by the Convention after clarifying the principles and purposes of the Convention. The Annex should describe these matters in detail.

NORWAY

Principles

Norway suggests to include basic environmental principles in the convention, in particular the precautionary principle (Rio principle 15) and the polluter pays principle (Rio principle 16). Alternatively these principles could be included in the preamble. Also the use of alternative and less harmful substances or methods to replace the use of POPs should be stated as a fundamental principle or approach (the substitution principle, see Agenda 21 chapter 19, D).

Definitions

A list of key terms is normally an effective way of structuring the text, and a draft list of terms should be prepared. However, the more specific needs can only be identified as the convention text develops. For instance, a definition of POPs may not be necessary in addition to the objective (see below) and the criteria for adding new substances. A possible description of the term POPs should be sufficiently broad to accommodate the inclusion of additional substances in the convention. A starting point could be the 1998 ECE LRTAP POPs Protocol definition of POPs in article 1, only amended to include any other environmental media in addition to air.

Objective

An article on objective is preferable if brief and general. It should outline the ultimate aim of the convention, thus indicating the dynamic nature of the instrument. The overall aim should be to protect the environment and human health against adverse effects that may be caused by POPs. It could also be added that the convention should serve as a basis for a global strategy to this aim.

Measures to reduce and / or eliminate releases of POPs

We suggest that the most important elements connected with this issue are addressed together, e.g. in one article or chapter, to indicate the basic nature of these obligations. Important elements are:

a) Effective measures for the elimination of production, use and trade of POPs that are products (pesticides and industrial chemicals)

The convention text must clearly state the aim of total phase-out of production and use. In addition there must be a system of more detailed obligations and set phase-out dates for specific substances (from the list of twelve, this relates to 10 substances - the 9 pesticides and PCB). We recommend a system where the basic obligations are included in the main body of the convention. More specific technical measures on each substance, if needed, should be set out in annexes.

The parties should be obliged to ban export and import (for re-export) of banned substances, except export for the sole purpose of environmentally safe destruction.

b) Effective measures to eliminate and/or reduce emissions from other sources than products (for the time being dioxins and furans): The convention should state an obligation to reduce the total annual emissions of dioxins/furans from the most important source categories at the national level. The problem of inadequate emission inventories must however be taken into account in the further elaboration of the convention text.

Any exemptions from the obligations under a) and b) should not be of a general nature, but limited to specific needs justified by a party or a clearly defined group of parties, and granted for a limited amount of time.

c) Basic requirements for POPs waste / relationship with the Basel convention or regional hazardous waste conventions

If parties so wish, the POPs convention could address more directly issues which the Basel convention only deals with in a general way, e.g. environmentally sound management of POPs waste. This could be a useful and more specific supplement to existing regulations, and is not a duplication of efforts.

d) Existing stockpiles / polluted soil

In addition to obligations to ban export and import of totally banned substances, (see a) above), the global convention should address the huge problems connected with pollution and health risks from existing stockpiles of POPs and POPs contaminated soil, especially in developing countries.

National plans and progress reports

Requirements for national policies, strategies or action plans to implement the convention is preferable. Reporting on implementation and progress is important, but must probably be developed step by step. A specific implementation committee to oversee the correct implementation of the obligations under the conventions should be considered.

Adding chemicals to the convention

The process for including additional substances in the convention should consist of:

- Criteria for identifying POPs as candidates (Criteria group).

- Procedure for evaluation of proposals and preparation of draft decisions (by Conference of the Parties), including proposals for appropriate measures. Tentative mandate and composition of a technical body under the convention. The procedure should take into account the precautionary principle.

- Amendment procedure for adding substances (and their measures).

Information exchange

The convention should include provisions to promote information exchange on technical and scientific developments, as well as on programs and measures to regulate POPs.

Information to the public/public participation

The convention should include provisions for each Party to take appropriate measures in order to ensure that the public is given or has access to correct and timely information on the environmental problems related to use and discharge of POPs and of measures taken.

Research, development and monitoring

The convention should outline the basic elements for a program on research and monitoring of the spreading of POPs globally.

Technical assistance

The convention should include appropriate provisions to promote bilateral and multilateral technical assistance, in particular to assist developing countries in meeting their obligations under the convention. This should include access to and transfer of environmentally sound technologies and related know-how.

Financing resources and mechanisms

Appropriate mechanisms to meet the needs of developing countries and countries with economies in transition need to be discussed and developed, starting with a thorough assessment of existing mechanisms.

Compliance

Ensuring the full and effective compliance of obligations under the convention will be a key issue. Compliance regimes/mechanisms are often a week point in international regimes. We support the idea of a separate compliance committee.

UNITED STATES

Regarding Substantive Provisions for the UNEP POPs Convention

It is our understanding that the Secretariat does not intend to prepare draft text for:

1. the preamble, the definitions and the provision governing the objective of the Convention (draft report at paragraph 36);

2. the criteria and procedure for evaluating proposals to add substances to the UNEP POPs Convention; and

3. provisions governing financial and technical assistance as well as implementation questions related to the mobilization of resources.

Accordingly, the following recommendations of the United States relate to the remaining principal substantive provisions: those outlined in UNEP/POPS/INC.1/4 and elaborated upon in the draft report as well as in regional group statements circulated as conference room documents.

1. Basic Obligations

o An article should set forth basic obligations each Party will undertake with respect to the reduction or elimination of listed persistent organic pollutants.

a) Obligations Regarding Production and/or Use of Specified POPs

o An obligation should be included requiring the Parties to take effective measures to eliminate or severely restrict (accompanied, as appropriate, by provisions for phase out) the production and/or use of intentionally produced POPs listed in an annex. The annex would include listed POPs that are or have been intentionally produced for commercial purposes.

o The obligation to eliminate or severely restrict the production and use of listed substances should be subject to an exemption for 1) laboratory-scale research or as a reference standard; 2) trace contaminants in products; 3) substances when they occur in articles manufactured or already in use by the implementation date of relevant obligations; and 4) certain defined exemptions for substances used as chemical intermediates.

o Additionally, a Party would be exempted from this obligation for public health emergencies, provided that the Party immediately notifies the Secretariat in writing of such emergency either prior to new production/use or promptly thereafter.

o The U.S. recommends that an annex be developed that would outline obligations with regard to specific substances.

o The U.S. proposes the following format for this annex:

o With regard to specific pollutants, the U.S. proposes elimination of use and production for the following substances: chlordane, heptachlor, toxaphene, mirex, aldrin, dieldrin, and endrin; as well as for hexachlorobenzene, subject to certain appropriately tailored exemptions for use as an intermediate in the production of other chemical compounds.

o The U.S. recognizes that DDT presents particular issues with regard to protection of health and looks forward to working to ensure that this issue is addressed in a way that promotes both health and environmental protection.

- Discussions on this should be guided by UNEP GC 19/13c, which concludes that measures should be taken with regard to this and other POP pesticides to rapidly phase out remaining production and subsequent remaining use as feasible alternatives are made available for the small number of recognized uses.

- The U.S. notes with appreciation WHO's offer at INC-1 to help individual countries, at their request, to identify suitable alternatives for DDT as a way of facilitating minimization of its use.

o PCBs: The U.S. supports elimination of production of new PCBs upon entry into force of the agreement. Use and management of remaining PCB-containing equipment should undertaken in an environmentally sound manner.

b) Obligations Regarding Releases of Unwanted By-Product POPs

o A provision should be included calling upon the Parties to reduce releases of specified by-product POPs (i.e., PCDDs, PCDFs, and HCBs).

o The United States recognizes that there is likely to be a need for more discussion on this item, based on different national experiences, and we recommend that the Secretariat prepare a short provision to be elaborated on by a technical contact group at the INC.

o Such a commitment should include:

- A requirement to develop national inventories for by-product POPs sources and emissions to identify the most significant sources. Methodologies for these inventories could be developed by the Conference of the Parties, and should be technically feasible and cost-effective, reflecting the fact that sources, conditions and capabilities will vary among Parties. Such inventories would serve both as key input to the development of national strategies and as a reference point for assessing progress.

- A requirement to develop national strategies to control or reduce emissions of the listed POPs. Such strategies should address significant sources and could distinguish between new and existing sources. The strategies should identify best technologies and management practices and should consider technical feasibility and the costs associated with implementation. Appropriate technologies and management practices could be elaborated in guidance prepared by experts under the convention.

o The U.S. believes that it would be useful for the INC to give particular consideration to those actions that are likely to achieve a meaningful reduction in releases in a cost effective manner. For example, designing new significant stationary sources with technologies that minimize formation and releases of by-product POPs is more cost effective than adding control equipment after its construction, and may be comparable in cost to new significant sources that do not utilize such designs.

c) Obligations Relating to the Management and Disposal of POPs Stockpiles

o A provision could be included requiring the Parties to:

1. Manage stockpiles of POPs subject to the production and use control measures under this Convention in an environmentally sound manner; and

2. Ensure that the destruction or disposal of POPs subject to the production and use control measures, upon becoming wastes, is conducted in an environmentally sound manner.

o This provision could also reference relevant regional, subregional and multilateral instruments and programmes relating to waste management so as to avoid duplication of effort. Specific instruments that could be cited are the Basel Convention, the Bamako Convention and the Waigani Convention.

2. Other Articles

o The agreement should contain other articles to promote national implementation of the Convention, and to further cooperative efforts among the parties. The U.S. suggests that articles be drafted containing the following provisions:

National Action Programmes

Information Exchange

o Following the usual practice of international environmental agreements, this article should require the Parties to exchange scientific, technological or other information relevant to the substances under the scope of the Convention.

Public Awareness

o As suggested in paragraph 14 of UNEP/POPS/INC.1/4, an article should be included requiring the Parties to promote greater public awareness of the risks associated with the use and releases of POPs, and steps that can be taken to reduce such risks.

o The article should also specify that parties should develop mechanisms to facilitate and promote public involvement in national activities relevant to the implementation of the agreement. These should include: opportunities for input regarding implementation, as well as commitments to take action at the national level to ensure public availability of information regarding the listed POPs.

Research, Development and Monitoring

o The agreement should include a provision on cooperation in research, development and monitoring. Such an article should call upon Parties to undertake, initiate, and/or cooperate in, directly or through existing international bodies, the conduct of research and monitoring for substances subject to the Convention, including, inter alia:

- levels of release, use and production;

- persistence, transport and environmental fate;

- effects of exposure on human health and the environment;

- alternative substances, technologies and practices to reduce exposure to POPs;

- environmental, social and economic effects of response strategies and options.

o In order to maximize the benefits of their cooperation in research and monitoring, this provision could commit the Parties to cooperate in ensuring that the collection, analysis and transmission of research and monitoring data is coordinated through appropriate data centres;

o This provision should also call for a clearinghouse mechanism.

o The Convention should encourage linkages with existing regional institutional mechanisms for the coordination of research and data collection, e.g., CILSS, OCCGE, OVA and EMEP.

Reporting

o The U.S. recommends the inclusion of an article requiring the Parties to report to the Secretariat on a periodic basis on the measures they have taken to implement their obligations under the Convention, including the development of national action programmes.

o National reports should also provide appropriate and available information relevant to the obligations under the Convention. Such information could be specified by the Parties.

o Such an article could be modeled on several existing examples, such as Article 9 of the UN/ECE POPs Protocol, Article 26 of the Convention on Biological Diversity, and Article 13(3) of the Basel Convention.

o The article could also specify that an appropriate body (or bodies) under the Convention should, inter alia, review the reports for accuracy and present them to the Parties for consideration.

Confidentiality

o A provision should be included specifying that nothing in the Convention shall require a Party to disclose information that is deemed proprietary or confidential under its national laws.

Regional Cooperation

o A provision could encourage Parties to cooperate at the regional level to more effectively further the objectives of the Convention.

o A provision should be included that along the lines of Article 15.4 in the PIC Convention, indicating that nothing in this Convention shall be interpreted as restricting the right of the Parties to take action that is more stringently protective of human health and the environment, provided that such action is consistent with the provisions of this Convention and is in accordance with international law.

Compliance

o The U.S. recommends inclusion of an article providing for the establishment of a mechanism and procedures for determining non-compliance with the Convention's provisions and for the treatment of Parties found to be in non-compliance. The mechanism and procedures should be incorporated in the Convention itself or in an annex.

Settlement of Disputes