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| UNITED NATIONS |
EP |
|
United Nations Environment Programme
|
Distr. GENERAL UNEP/POPS/INC.2 INF/2 ENGLISH ONLY |
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
SUBMISSIONS BY NON-GOVERNMENTAL ORGANIZATIONS PERTAINING TO THE DEVELOPMENT OF A DRAFT DISCUSSION TEXT OF AN INTERNATIONAL LEGALLY BINDING INSTRUMENT IMPLEMENTING INTERNATIONAL ACTION ON CERTAIN PERSISTENT ORGANIC POLLUTANTS
Note by the secretariat
1. At its first session, held in Montreal from 29 June to 3 July 1998, the Committee requested the Secretariat to prepare a draft discussion document of the legally binding instrument that would draw on, inter alia, the documents UNEP/POPS/INC.1/4 and UNEP/POPS/INC.1/5 and take into account comments and suggestions made at the first session and submissions received from Governments by 1 September 1998 (UNEP/POPS/INC.1/7, para. 58).
2. In response to this request, the Secretariat has prepared a note on an expanded outline of an international legally binding instrument for implementing international action on certain persistent organic pollutants (UNEP/POPS/INC.2/2).
3. Annexed to the present note are the written submissions received from non-governmental organizations as of 30 October 1998 regarding possible material to include in the discussion document referred to in paragraph 2 above. The information provided was not formally edited by the secretariat.
4. Included in a separate document (UNEP/POPS/INC.2/INF/1), are submissions on the same topic received from Governments.
Annex
SUBMISSIONS BY NON-GOVERNMENTAL ORGANIZATIONS PERTAINING TO THE DEVELOPMENT OF A DRAFT DISCUSSION TEXT OF AN INTERNATIONAL LEGALLY BINDING INSTRUMENT IMPLEMENTING INTERNATIONAL ACTION ON CERTAIN PERSISTENT ORGANIC POLLUTANTS
CONSUMERS INTERNATIONAL
Proposed text to include in the document to be
brought forward for discussion at INC2
A) Preamble
The parties to this Convention,
Aware of the potentially harmful effects of persistent organic pollutants (POPs) on human health and wildlife due to their transport across the globe through long distances, their bioaccummulation, and their detrimental effects at low levels on the endocrine, immune and reproductive systems;
Aware that action will also be needed on chemicals in addition to the twelve priority POPs;
Recalling the commitments made at the United Nations Conference on Environment and Development, in particular: The commitment to
'co-operate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth's ecosystem';Considering the common but differentiated responsibilities between states;
Considering the common but differentiated responsibilities between states;
Recognising that to achieve sustainable development it is necessary to reduce and eliminate unsustainable patterns of production and consumption; and,
Mindful of the need to apply the precautionary approach, where lack of full scientific certainty shall not be used as a reason for postponing measures to prevent environmental degradation;
Have agreed as follows:
C) Objectives:
-see D (v)Parties aim to protect the environment and human health from the adverse impact of POPs by eliminating their use, production and emission. In particular:
Identifying POPs that will require global action;
Rapidly phasing-out remaining production and subsequent remaining uses of POP pesticides and ensuring environmentally sound management including storage and disposal of obsolete stocks;
Phasing-out over time of PCBs and hexachlorobenzene, and in the transition, to completely eliminate their use and ensure environmentally sound management including use, storage and disposal; and
Pursuing the widespread use of already available technology that will achieve release reduction and/or source elimination of dioxins and furans, and to explore and develop new measures to minimise or eliminate the production of these pollutants.
D) Measures to reduce and/or eliminate POPs
i) For aldrin, chlordane, dieldrin, endrin, heptachlor, mirex, toxaphene and hexachlorobenzene, to cease their production and use immediately.
ii) For DDT, cease all production by the year 2000 and to cease their use immediately in OECD countries and by the year 2010 in developing countries and countries with economies in transition. Apply integrated control programmes for disease vector control with a priority on biological and ecological approaches.
Implement pilot and research projects to develop additional safe and
ecological alternatives
iii) For PCBs, immediate end to all production of PCBs and the adoption of national PCB management plans;
Export of PCBs and PCB containing equipment is prohibited except shipment to an approved destruction facility;
All waste PCBs will be destroyed using state-of-the-art technology that eliminates the creation of dioxins and furans;
iv) For dioxins and furans, already available technology that minimises or eliminates the creation of dioxins and furans will be used in industrial and other processes; Given that the most effective approach to the control of releases of dioxins and furans is elimination at source, priority will be given to the elimination of dioxin precursors in industrial processes and incineration;
Rapidly phase-out the use of chorine in the pulp and paper industry, in industrial solvents, polyvinyl chloride and pesticides, and work towards elimination of chlorine and chlorine containing as industrial feedstock;
New technology that minimises or eliminates the production of dioxin and furans will be made readily available to developing countries and countries with economies in transition;
Outdated technology that produces high levels of dioxins and furans and which does not meet standards in an OECD country shall not be exported to or installed in a developing country or a country with an economy in transition;
v) For obsolete stocks, all steps will be taken to minimise risks of exposure. All stocks will be destroyed by the year 2010 using state-of-the-art technology that prevents the creation of dioxins and furans. Parties will adopt measures that minimise the need for keeping stocks of POPs and prevent the creation of new stockpiles.
vi) When considering alternatives to POPs, parties will give priority to non-chemical alternative and pollution prevention.
E) National Plans and Progress Reports
Parties will prepare national plans for the elimination of POPs within two years. Reports on the progress made in implementation on national plans shall be made on an annual basis. Such reports shall be made available to the Secretariat, the Conference of the Parties, and the public. Reports shall include the levels in production, import, export, use, disposal and emissions of POPs and trends over time.
G) POP stockpiles
H) Information exchange
Information on levels in production, import, export, use, disposal and emissions of POPs will not be considered confidential business information. Parties will share information on POPs and potential POPs, their effects on health and the environment, alternatives including non-chemical alternatives and pollution prevention. This information will be made available to the public.
(See also Article 9 of the Montreal Protocol)
I) Public information, awareness and education
Parties will implement public awareness campaigns on POPs and potential POPs, their effects on health and the environment, alternatives emphasising non-chemical alternatives, pollution prevention and sustainable production and consumption. (See also article H)
J) Research, development and monitoring
Parties will co-operate in research on alternatives to the use and emissions of POPs. In considering alternatives to POPs, emphasis will be placed on sustainable production and consumption through safe and ecologically sound technologies, including non-chemical technologies.
Parties will co-operate in monitoring the impact of POPs and potential POPs on health and the environment, and will assess if more urgent action is required to limit their detrimental impact.
Parties will identify additional substances that should be considered under this convention, and when necessary, modify the criteria for the addition of substances to this convention.
K) Technical assistance
Recognising that financial constraint is the main reason that governments continue their reliance on POPs and POPs generating technology, industrialised countries will provide technical and financial assistance to developing countries and countries with economies in transition. Assistance shall facilitate the adoption of sustainable production and consumption through safe and ecologically sound technologies, including non-chemical technologies, integrated pest and vector control, as well as research into safe and ecologically sound alternatives.
L) Financial mechanisms
Each party will impose a levy on the production and import of hazardous chemicals. Income from this levy will be used to fund the obligations of the party to this Convention.
M) Compliance
Parties will implement national measures to assure they meet the obligations in this convention with respect to the manufacture, import, export, use, disposal and emissions of POPs.
For the purpose of the Convention any export or import of a POP or of equipment containing a POP, or of a manufacturing process which emits or creates a POP which contravenes provisions set out in this convention with respect to manufacture, import, export, use disposal or emission shall be deemed illegal traffic. Each Party shall introduce appropriate domestic legislation to punish illegal traffic.
In case of an export deemed to be illegal traffic as the result of conduct on the part of the exporter, the exporting Party shall ensure that the chemicals in question are taken back by the exporter or, if necessary, by the Party of export itself, within 30 days from the time the Party of export has been informed about the illegal traffic or such other time as the Parties concerned may agree. In the case of an import deemed to be illegal traffic as a result of conduct on the part of the importer, the Party of import shall ensure that the chemical in question is disposed of in an environmentally sound manner by the importer or, if necessary, by itself.
INTERNATIONAL COUNCIL OF CHEMICAL ASSOCIATIONS
Discussion Draft
August 26, 1998
Model Provisions for an
Internationally Legally Binding Instrument
for Action on Persistent Organic Pollutants
ICCA Discussion Paper
| Reference | Model Text |
| Preamble | |
| The Parties to this Convention | |
| * * * * * | |
| See Draft Biosafety Protocol, Preamble | Recognizing that chemicals can and do enhance human well-being when properly used and disposed of in a manner that is protective of the environment and human health. |
| Aware of the benefits that chemicals bring to the areas of health, agriculture, industry and the environment and mindful that unnecessary adverse impacts on chemical research and development and on access to and transfer of chemicals should be avoided. | |
| PIC, Preamble | Emphasizing that nothing in this Convention shall be interpreted as implying in any way a change in the rights and obligations of a Party under any existing international agreement applying to chemicals in international trade or to environmental protection. |
| Emphasizing that nothing in this Convention shall affect the dispute settlement rights and obligations established under the Marrakesh Agreement Establishing the World Trade Organization (WTO), or any other dispute settlement rights established in the future for WTO Members, of any Parties to this Agreement that are or become Members of the WTO. | |
| Have Agreed as Follows: | |
Article 1 Definitions |
|
| See LRTAP POPs, art. 1 | Discharge means the release of a substance from a point source onto the ground or into surface or ground water. |
| LRTAP POPs, art. 1 | Emission means the release of a substance from a point or diffuse source into the atmosphere. |
| ICCA Position Paper |
Half-life means the length of time required to reduce the concentration of a substance by 50 percent in a particular medium. |
| Hazardous waste means waste that is considered hazardous under Article 1(1)(a) of the Basel Convention. | |
| Draft LBS Protocol, art. 1(e) | Most Appropriate Technology (MAT) means the best currently available techniques, practices or methods, appropriate to the social, economic, technological, institutional, financial, cultural and environmental conditions of a Party, to prevent, reduce or control the release of POPs. |
| PIC, art. 2 | Party means a State or regional economic integration organization that has consented to be bound by this Convention and for which this Convention is in force. |
| See LRTAP POPs, art. 1 | Persistent organic pollutants (POPs) means organic substances that: (i) possess toxic characteristics; (ii) are persistent; (iii) bioaccumulate; (iv) are prone to long-range transboundary environmental transport and deposition; and (v) are likely to cause significant adverse human health or environmental effects as a result of their long-range transboundary transport. |
| PIC, art. 2; Biodiversity Convention, art. 2 | Regional economic integration organization means an organization constituted by sovereign States of a given region to which its member States have transferred competence in respect of matters governed by this Convention and which is duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to this Convention. |
| Substance means a single chemical species. | |
Article
2 |
|
| See generally LRTAP POPs | The objective of this Convention is to reduce emissions and discharges of persistent organic pollutants that present a significant risk to human health and the environment as a result of their long-range environmental transport. |
Article 3 Scope of the Convention |
|
| 1. This Convention applies to the specific persistent organic pollutants that meet the criteria specified in Article 7 and that are listed in Annex I. | |
| See PIC, art. 3 | 2. This Convention does not apply to: |
| (a) Radioactive materials; | |
| (b) Hazardous wastes as defined under Article 1(1)(a) of the Basel Convention; | |
| (c) Substances used or produced for research or analysis; | |
| (d) Pharmaceuticals, including human and veterinary drugs; | |
| (e) Chemicals used as food additives; | |
| (f) Food; and | |
| (g) Chemical weapons. | |
Article 4 Basic Obligations |
|
| See LRTAP POPs, art. 3. | 1. Except where specifically exempted in accordance with Article 12, each Party shall take effective measures to: |
| (a) Eliminate the production and use of the substances listed in Annex II in accordance with the implementation requirements specified therein; | |
| (b) Restrict the substances listed in Annex III to the uses described, in accordance with the implementation requirements specified therein; | |
| (c) Develop a National Action Plan to identify and reduce emissions and discharges of substances listed in Annex IV in accordance with the provisions of Article 5. | |
Article 5 National Action Plans and Progress Reports |
|
| See Desertification Convention, arts. 9, 10; Climate Change Convention, art. 12; GPA paras. 100-106. | 1. Within two years of the
entry into force of this Convention, each Party shall, as appropriate, prepare a National
Action Plan for the implementation of its obligations under this Convention. To the extent
possible, these Plans shall be based on principles of sound science (including,
internationally acceptable, scientifically based risk assessments) and take into account
differing national conditions, the availability of alternative substances, and relevant
national, regional, or subregional plans and programs. 2. National Action Plans shall be prepared in accordance with the elements and information requirements specified in Annex V. |
| 3. National Action Plans shall be prepared in consultation with affected members of the public and shall be made accessible to the public upon completion and following scheduled updates. | |
| 4. Parties shall provide copies of completed National Action Plans to the Secretariat which will in turn make the Plans available to other Parties and interested international organizations in accordance with the procedures for information exchange set forth under Article 8. | |
| 5. Parties are encouraged to establish a National Implementation Committee comprised of government and non-governmental representatives with expertise in areas relevant to the objectives of this Convention. The Committee will be charged with coordinating the development and implementation of National Action Plans. | |
| 6. Parties shall prepare, on an annual basis, Progress Reports that include a description of progress made toward fulfilling the objective of this Convention. Progress Reports shall be made available to the public. | |
| 7. Parties shall update and revise their National Action Plans every five years from the date completed plans are first required to be submitted to the Secretariat. | |
| 8. To facilitate the development and implementation of the National Action Plans, the Parties, in accordance with the procedures set forth in Article 16, shall establish a Technical Review Committee that will facilitate the development of National Action Plans by: | |
| (a) Preparing guidance on the development and implementation of National Action Plans; | |
| (b) To the extent practicable, reviewing National Action Plans submitted by Parties to the Secretariat and providing comments to competent authorities on possible improvements to the design and/or implementation of the Plans; and | |
| (c) Conducting regional workshops on the design and implementation of National Action Plans. | |
| 9. The Parties shall encourage United Nations representative institutions and programs and other relevant intergovernmental organizations, nongovernmental organizations, and the academic and scientific community to cooperate, in accordance with their mandates and capabilities, to support the elaboration and implementation of, and follow-up to National Action Plans and Progress Reports. The Parties agree that the Intergovernmental Forum on Chemical Safety (IFCS) will be responsible for coordinating intergovernmental, national and non-governmental support for the development and implementation of National Action Plans. | |
Article 6 Management and Disposal of Stockpiles |
|
| 1. Parties are encouraged to take effective measures to identify the presence of stockpiles of POPs listed in Annex II and implement measures to facilitate the collection of unused amounts of Annex II substances from public, agricultural and industrial sectors. | |
| 2. Parties shall ensure that existing stockpiles of Annex II substances are used, destroyed or disposed of in an environmentally sound manner. | |
| 3. Strategies and resources aimed at identifying and collecting stockpiles of POPs listed in Annex II shall be specified in the National Action Plan to be submitted to the Secretariat by each Party. | |
Article 7 Process for Nominating Chemicals to the Convention |
|
| See generally LRTAP POPs; NACEC. | 1. Any Party may nominate a substance for inclusion in Annexes I, II, III or IV. |
| 2. A Party nominating a substance shall prepare a nomination dossier in accordance with Annex VI that contains information demonstrating that the substance is persistent, toxic and bioaccumulative, and that there is an exposure that could adversely affect human health and/or the environment as a result of long-range environmental transport of the substance. | |
| 3. The Parties shall at their first meeting establish a Substance Review Committee in accordance with the provisions set forth in Article 16. The Substance Review Committee shall be responsible for reviewing nomination dossiers in accordance with the requirements of Annex VI. The Parties shall develop rules of procedure and terms of reference for the Substance Review Committee at their first meeting. | |
| 4. The Substance Review Committee shall review nomination dossiers to ensure they are complete. The Committee may request additional information from the nominating Party to ensure that the requirements of Annex VI are satisfied. | |
| 5. The Substance Review Committee shall evaluate nominated substances to determine that control of the substance under the Convention is appropriate. The Committee shall consider recommending substances for inclusion in the Convention based on an evaluation of the following criteria: | |
| (a) The substance has or may be released into the environment; | |
| (b) Based upon the indicative standards specified below, the substance has been determined to be: | |
| (i) Bioaccumulative (BAF(4) 5000 or BCF (4) 5000 or <Logkow (4) 5); | |
| (ii) Persistent (half-life (4) [5 days or 2 days in air] or (4) 6 months in water or 1 year in soil or $ 1 year sediments); and | |
| (iii) Prone to long-range transboundary environmental transport (direct evidence of presence in biota or indirect evidence of persistence in air of (4) 5 days and volatility (3) 1000 Pa.); | |
| (c) The substance exhibits toxic characteristics (potential to adversely affect human health or the environment); | |
| (d) The substance has been determined, on the basis of an internationally acceptable risk assessment, to present a significant risk to human health and the environment near and distant from its source; and | |
| (e) The substance has been determined to be bioavailable. | |
| 6. In determining whether to recommend a substance for inclusion in the Convention, the Substance Review Committee shall consider information provided by interested Parties on socio-economic factors, including the cost and availability of alternative substances, the environmental and human health risks associated with possible alternatives, and process changes, control technologies, operating procedures and other pollution prevention techniques (including voluntary measures) which are available to reduce emissions and discharges of nominated substances. These considerations shall also guide recommendations by the Committee for placement of a substance in Annex II, III or IV. | |
| 7. Interested nongovernmental organizations shall have appropriate opportunities to participate in the work of the Substance Review Committee. The Committee shall make publicly available all information necessary to enable interested nongovernmental organizations to participate effectively in the work of the Committee and shall permit interested nongovernmental organizations to submit information relevant to the evaluation of any substance under review for inclusion in the Convention. |
Article 8 Information Exchange |
|
| See Basel Convention, art. 13; Montreal Protocol, art. 9; LRTAP POPs, art. 5 | 1. Parties shall, in a manner consistent with their laws, regulations, and practices, and taking into account in particular the needs of developing countries, facilitate and encourage the exchange of scientific, technical, socio-economic, commercial and legal information relevant to this Convention. Such information exchange shall be coordinated by designated competent authorities and should include promoting, inter alia: |
| (a) contacts and cooperation among appropriate organizations and individuals in the private and public sectors that are capable of providing technology, design and engineering services, equipment or finance; | |
| (b) the exchange of and access to information on the development and use of alternatives to POPs listed in Annexes II and III, as well information on the evaluation of the risks that such alternatives pose to human health and the environment, and information on the costs and benefits associated with such alternatives; | |
| (c) the exchange of information on Most Appropriate Technology (MAT), best environmental practice (BEP), and best available techniques (BAT); | |
| (d) the compilation, regular updating, and exchange of information on POPs-related activities in other international fora and designated authorities engaged in such activities; | |
| (e) the exchange of and access to information regarding changes in the designation of competent authorities; and | |
| (f) the exchange of and access to information regarding national decisions taken to restrict, reduce, or ban the import, export, use, or manufacture of substances that are listed as POPs in Annex I. | |
| 2. Each Party shall designate a competent authority that is responsible for the collection, receipt and dissemination of information on POPs. Parties shall provide the Secretariat with appropriate contact information for the designated competent authority. | |
| 3. Parties shall transmit copies of their National Action Plans and required updates to the Secretariat within 90 days of their completion. The Secretariat shall notify the Parties as to the availability of initial and updated National Action Plans and shall make copies of such plans available to Parties and interested international organizations upon request. | |
| 4. The Parties shall, at their first and subsequent meetings, establish and/or strengthen networks of scientific, technical, educational and industrial information transfer with a view to facilitating the exchange of information on listed POPs and candidate substances of mutual concern. | |
Article 9 Public Information, Awareness and Education |
|
| See Biodiversity Convention, art. 13; Desertification Convention, art. 19; LRTAP POPs, art. 6; NACEC | 1. Parties shall, in a
manner consistent with their laws, regulations and practices, promote the dissemination of
information on the risks posed by certain POPs listed in Annex I to the general public and
in particular, direct users of POPs listed in Annexes II and III. To this end, Parties
should endeavor to provide the public with information on, inter alia: (a) Risk assessment and hazard; (b) Risk reduction; (c) Means for reducing the use, emission and/or discharge of Annex I POPs, including information on integrated pest management and integrated crop management; and |
| (d) Alternatives to POPs listed in Annexes II and III, as well as information on the risks and hazards that such alternatives pose to human health and the environment, and information on the economic and social impacts of such alternatives. | |
| 2. In providing information to the public on POPs listed in Annex II and III, and their alternatives, Parties may consider the use of labeling, placarding, safety data sheets, reports and other means of communicating appropriate hazard and risk information. |
Article 10 Research, Development and Monitoring |
|
| See Biodiversity Convention, arts. 7, 12; Climate Change Convention, art. 5; Desertification Convention, art. 17; LRTAP POPs, arts. 8, 9 | 1. Parties shall contribute
to increased knowledge on listed POPs and nominated substances of mutual concern through
research, development, and monitoring (through sampling and other techniques) related to, inter
alia: (a) Emissions, transboundary transport, deposition methods and levels and related modeling, existing levels in the biotic and abiotic environment, and procedures for harmonization or standardization of relevant methodologies; (b) Pollutant pathways and inventories in representative ecosystems; |
| (c) Relevant effects on human health and the environment, including quantification of those effects; | |
| (d) Best available techniques and practices, including pest and agricultural management practices, emissions control and containment techniques, and practices currently employed by Parties or under development; | |
| (e) Effects-based approaches which integrate appropriate information, including information obtained under subparagraph (a) through (d) above, on measured or modeled environmental levels, pathways, and effects on human health and the environment, for the purpose of formulating future control strategies which also take into account economic and technological factors; and | |
| (f) Methods for monitoring and estimating national emissions and projecting future emissions of POPs listed in Annex I and for evaluating how such estimates and projections can be used. | |
| 2. Parties shall take into account the particular concerns and needs of developing countries and cooperate in improving their capacities and capabilities to participate in the efforts referred to in subparagraphs (a) through (f) above. | |
| 3. To the fullest extent possible, the research, development, and monitoring referred to in this Article shall be premised on principles of sound science and scientifically based risk assessments. | |
| 4. The research, development and monitoring activities referred to in this Article shall be conducted in a manner consistent with the laws, regulations and practices of each Party regarding the confidentiality of commercial information. |
Article 11 |
|
Economic and Technical Development |
|
| See CWC art. 11 | This Convention shall be implemented in a manner which avoids hampering the economic or technological development of States Parties, and international cooperation in the field of chemical activities, including the international exchange of scientific and technical information, and chemicals and equipment for the production, processing or use of chemicals, for purposes not prohibited under this Convention. The States Parties therefore agree: (a) to not maintain among themselves any restriction incompatible with the obligations undertaken under this Convention, which would restrict or impede trade and the development and promotion of scientific and technological knowledge in the field of chemistry for industrial, agricultural, research, medical, pharmaceutical or other purposes; |
| (b) to facilitate, and have the right to participate in, the fullest possible exchange of chemicals, equipment, and scientific and technical information relating to the development and application of chemistry for purposes not prohibited under this Convention; and | |
| (c) to review their existing national regulations in the field of trade in chemicals to render them consistent with the object and purposes of this Convention. | |
| bis | |
| PIC art. 16 |
The Parties shall, taking into account in particular the needs of developing countries and countries with economies in transition, cooperate in promoting technical assistance for the development of the infrastructure and the capacity necessary to manage chemicals to enable implementation of this Convention. Parties with more advanced programmes for regulating chemicals should provide technical assistance, including training, to other Parties in developing their infrastructure and capacity to manage chemicals throughout their life-cycle. |
Article 12 Exemptions |
|
| See LRTAP POPs, art. 4. | 1. Article 4 paragraph 1 (a) and (b) shall not apply to quantities of a substance to be used: |
| (a) For laboratory-scale research or as a reference standard; or | |
| (b) In the event of a public health, agricultural or societal emergency. | |
| 2. A Party may grant an exemption from Article 4 paragraph 1(a) and (b) with respect to a particular substance, provided that the exemption is not granted or used in a manner that would undermine the object and purposes of the Convention, and only for the following purposes and under the following conditions: | |
| (a) For research other than that referred to in paragraph 1 above, if: | |
| (i) No significant quantity of the substance is expected to reach the environment during the proposed use and subsequent disposal; | |
| (ii) The objectives and parameters of such research are subject to assessment and authorization by the Party; and | |
| (iii) In the event of a significant release of a substance into the environment, the exemption will terminate immediately, measures will be taken to mitigate the release as appropriate, and an assessment of the containment measures will be conducted before research may resume; | |
| (b) To manage as necessary a public health, agricultural or societal emergency, if: | |
| (i) No suitable alternative measures are available to the Party to address the situation; | |
| (ii) The measures taken are proportional to the magnitude and severity of the emergency; | |
| (iii) Appropriate precautions are taken to protect human health and the environment and to ensure that the substance is not used outside the geographical area subject to the emergency; and | |
| (iv) The exemption is granted for a period of time that does not exceed the duration of the emergency. | |
| (c) For a minor application judged to be essential by the Party; if: | |
| (i) The exemption is granted for a maximum of five years; | |
| (ii) The exemption has not previously been granted by the Party under this Article; | |
| (iii) No suitable alternatives exist for the proposed use; | |
| (iv) The Party has estimated the emissions of the substance resulting from the exemption and their contribution to the total emissions of the substance from the Parties; and | |
| (v) Adequate precautions are taken to ensure that the emissions to the environment are minimized. | |
| 3. Each Party shall, no later than ninety days after granting an exemption under paragraph 2 above, provide the Secretariat with, as a minimum, the following information: | |
| (a) The chemical name of the substance subject to the exemption; | |
| (b) The purpose for which the exemption has been granted; | |
| (c) The conditions under which the exemption has been granted; | |
| (d) The length of time for which the exemption has been granted; | |
| (e) Those to whom, or the organization to which, the exemption applies; and | |
| (f) For an exemption granted under paragraphs 2 (a) and (c) above, the estimated emissions of the substance as a result of the exemption and an assessment of their contribution to the total emissions of the substance from the Parties. | |
| 4. The secretariat shall make available to all Parties the information received under paragraph 3 above. | |
Article 13 Compliance |
|
| See, LRTAP POPs Protocol, art. 11; Montreal Protocol, art. 8; PIC, art. 17 | 1. Parties shall, at their first meeting or as soon as practicable, consider and approve procedures and institutional mechanisms for determining non-compliance with the provisions of this Convention and procedures for encouraging Parties found to be in non-compliance to meet the obligations set forth in this Convention. |
| 2. Compliance by each Party pursuant to the procedures and mechanisms developed as referred to in Paragraph 1 above, shall be reviewed periodically. | |
| 3. Procedures and institutional mechanisms adopted pursuant to this Article shall be consistent with, and promote, mechanisms for dispute resolution provided under Article 14. | |
Article 14 Dispute Settlement |
|
| Option 1 | |
| LRTAP, art. 13 | 1. If a dispute arises between two or more Parties as to the interpretation or application of the Convention, they shall seek a solution by negotiation or by any other method of dispute settlement acceptable to the parties to the dispute. |
| Option 2 | |
| See PIC, art. 20 (for paras. 1-6) | 1. Parties shall settle any dispute between them concerning the interpretation or application of the Convention through negotiation or other peaceful means of their own choice. |
| 2. When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a Party that is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, with respect to any dispute concerning the interpretation or application of the Convention, it recognizes one or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation: | |
| (a) Arbitration in accordance with procedures adopted by the Conference of the Parties in an annex as soon as practicable; and | |
| (b) Submission of the dispute to the International Court of Justice. | |
| 3. A Party that is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedure referred to in paragraph 2(a). | |
| 4. A declaration made pursuant to paragraph 2 shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary. | |
| 5. The expiry of a declaration, a notice of revocation or a new declaration shall not in any way affect proceedings pending before an arbitral tribunal or the International Court of Justice unless the parties to the dispute otherwise agree. | |
| 6. If the parties to a dispute have not accepted the same or any procedure pursuant to paragraph 2, and if they have not been able to settle their dispute within twelve months following notification by one party to another that a dispute exists between them, the dispute shall be submitted to a conciliation commission at the request of any party to the dispute. The conciliation commission shall render a report with recommendations. Additional procedures relating to the conciliation commission shall be included in an annex adopted by the Conference of the Parties no later than the second meeting of the Conference of the Parties. | |
| 7. Notwithstanding the above, nothing in this Convention shall affect the dispute settlement rights and obligations established under the Marrakesh Agreement Establishing the World Trade Organization, or any other dispute settlement rights established in the future for WTO Members, of any Parties to this Agreement that are or become Members of the World Trade Organization. |
Article 15 Relationship to Other Agreements |
|
| See Migratory Species Convention, art. XII (2). | Nothing in this Convention shall affect the rights and obligations of the Parties under other agreements to which they are parties. |
Article 16 Conference of the Parties |
|
| PIC, art. 18 | 1. A Conference of the Parties is hereby established. |
| 2 The first meeting of the Conference of the Parties shall be convened by the Executive Director of the United Nations Environment Programme no later than one year after the entry into force of this Convention. Thereafter, ordinary meetings of the Conference of the Parties shall be held at regular intervals to be determined by the Conference. | |
| 3. Extraordinary meetings of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, or at the written request of any Party, provided that the request is supported by at least one third of the Parties. | |
| 4. The Conference of the Parties shall by consensus agree upon and adopt at its first meeting rules of procedure and financial rules for itself and any subsidiary bodies, as well as financial provisions governing the functioning of the Secretariat. | |
| 5. The Conference of the Parties shall keep under continuous review and evaluation the implementation of this Convention. It shall perform the functions assigned to it by the Convention and, to this end, shall: | |
| (a) Establish such subsidiary bodies as it considers necessary for the implementation of the Convention; | |
| (b) Cooperate, where appropriate, with competent international organizations and intergovernmental and non-governmental bodies; and | |
| (c) Consider and undertake any additional action that may be required for the achievement of the objectives of the Convention. | |
| 6. The Conference of the Parties shall, at its first meeting, establish two subsidiary bodies, the Substance Review Committee and the Technical Review Committee, to perform the functions assigned to these Committees by this Convention. In this regard: | |
| (a) The members of the Committees shall be appointed by the Conference of the Parties. Memberships of the Committees shall consist of a limited number of government designated experts in chemicals management and related fields. The members of the committees shall be appointed on the basis of equitable geographical distribution, including ensuring a balance between developed and developing Parties; | |
| (b) Except as specified in Article 7 and Annex VI, the Conference of the Parties shall decide on the terms of reference, organization and operation of the Committees; | |
| (c) The Committees shall make every effort to make recommendations by consensus. If all efforts at consensus have been exhausted, and no consensus reached, such recommendations shall, as a last resort, be adopted by a three-fourths majority vote of the members present and voting. | |
| (d) The Parties shall ensure that interested non-governmental organizations are provided with appropriate opportunities to participate in the work of the Committees. The Parties shall ensure that the Substance Review Committee makes information on nominated substances and its decision-making processes publicly available to enable interested nongovernmental organizations to participate in the work of the Committee. The Committee shall consider information submitted by nongovernmental organizations in deciding whether to recommend a substance for inclusion in the Convention. | |
| 7. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State not party to this Convention, may be represented at meetings of the Conference of the Parties as observers. Any body or agency, whether national or international, governmental or non-governmental, qualified in matters covered by the Convention, and which has informed the Secretariat of its wish to be represented at a meeting of the Conference of the Parties as an observer may be admitted unless at least one third of the Parties present object. The admission and participation of observers shall be subject to the rules of procedure adopted by the Conference of the Parties. | |
Article 17 Secretariat |
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| PIC, art. 19 | 1. A Secretariat is hereby established. |
| 2. The functions of the Secretariat shall be: | |
| (a) To make arrangements for meetings of the Conference of the Parties and its subsidiary bodies and to provide them with services as required; | |
| (b) To facilitate assistance to the Parties, particularly developing Parties and Parties with economies in transition, on request, in the implementation of this Convention; | |
| (c) To ensure the necessary coordination with the secretariats of other relevant international bodies; | |
| (d) To enter, under the overall guidance of the Conference of the Parties, into such administrative and contractual arrangements as may be required for the effective discharge of its functions; and | |
| (e) To perform the other Secretariat functions specified in this Convention and such other functions as may be determined by the Conference of the Parties. | |
| 3. The Secretariat functions for this Convention shall be performed by the Executive Director of UNEP with the assistance of the President of the Intergovernmental Forum on Chemical Safety (IFCS) subject to such arrangements as shall be agreed between them and approved by the Conference of the Parties. | |
| 4. The Conference of the Parties may decide, by a three-fourths majority of the Parties present and voting to entrust the Secretariat functions to one or more other competent international organizations, should it find that the Secretariat is not functioning as intended. | |
Article 18 Amendments to the Convention |
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| PIC, art. 21 | 1. Amendments to this Convention may be proposed by any Party. |
| 2. Amendments to this Convention including amendments to add an additional substance to the Convention based on a recommendation of the Substance Review Committee shall be adopted at a meeting of the Conference of the Parties. The text of any proposed amendment shall be communicated to the Parties by the Secretariat at least six months before the meeting at which it is proposed for adoption. The Secretariat shall also communicate proposed amendments to the signatories to this Convention and, for information, to the Depositary. | |
| 3. The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting. | |
| 4. The amendment shall be communicated by the Depositary to all Parties for ratification, acceptance or approval. | |
| 5. Ratification, acceptance or approval of an amendment, including amendments for the addition of a substance to the Convention, shall be notified to the Depositary in writing. An amendment adopted in accordance with paragraph 3 shall enter into force for the Parties having accepted them on the ninetieth day after the date of deposit of instruments of ratification, acceptance or approval by at least three-fourths of the Parties. Thereafter, the amendment shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits its instrument of ratification, acceptance or approval of the amendment. | |
Article 19 Adoption and Amendment of Annexes |
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| See PIC, art. 22 | 1. Annexes to this Convention shall form an integral part thereof and, unless expressly provided otherwise, a reference to this Convention constitutes at the same time a reference to any annexes thereto. |
| 2. The following procedure shall apply to the proposal, adoption and entry into force of additional annexes to this Convention that are restricted to procedural, scientific, technical or administrative matters: | |
| (a) Additional annexes shall be proposed and adopted according to the procedure laid down in paragraphs 1, 2 and 3 of Article 18; | |
| (b) Any Party that is unable to accept an additional annex shall so notify the Depositary, in writing, within one year from the date of communication of the adoption of the additional annex by the Depositary. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time withdraw a previous notification of non-acceptance in respect of any additional annex and the annex shall thereupon enter into force for that Party subject to subparagraph (c) below; and | |
| (c) On the expiry of one year from the date of the communication by the Depositary of the adoption of an additional annex, the annex shall enter into force for all Parties that have not submitted a notification in accordance with the provisions of subparagraph (b) above. | |
| 3. Except in the case of an amendment to add a substance to Annex I, II, III or IV, adoption and entry into force of amendments to annexes to this Convention shall be subject to the same procedures as for the proposal, adoption and entry into force of additional annexes to the Convention. | |
| 4. Amendments for the addition of a substance to Annexes I, II, III or IV shall be proposed according to the procedures of Articles 7 and ratified, accepted, or approved in accordance with Article 18. | |
| 5. If an additional annex or an amendment to an annex is related to an amendment to this Convention, the additional annex or amendment shall not enter into force until such time as the amendment to the Convention enters into force. | |
| Article 20 Signature |
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| PIC, art. 24 | This Convention shall be open for signature at ______ by all States and regional economic integration organizations from _______ to ________, and at the United Nations Headquarters in New York from ________ to _________. |
Article 21 Ratification, Acceptance, Approval or Accession |
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| PIC, art. 25 | 1. This Convention shall be subject to ratification, acceptance or approval by States and by regional economic integration organizations. It shall be open for accession by States and by regional economic integration organizations from the date on which the Convention is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary. |
| 2. Any regional economic integration organization that becomes a Party to this Convention without any of its member States being a Party shall be bound by all the obligations under the Convention. In the case of such organizations, one or more of whose member States is a Party to this Convention, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under the Convention. In such cases, the organization and the member States shall not be entitled to exercise rights under the Convention concurrently. | |
| 3. In its instrument of ratification, acceptance, approval or accession, a regional economic integration organization shall declare the extent of its competence in respect of the matters governed by this Convention. Any such organization shall also inform the Depositary, who shall in turn inform the Parties, of any relevant modification in the extent of its competence. | |
Article 22 Entry into Force |
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| CWC, art. 21 | 1. This Convention shall enter into force on the ninetieth day after the date of deposit of the 65th instrument of ratification, acceptance, approval or accession. |
| 2. For each State or regional economic integration organization that ratifies, accepts or approves the Convention or accedes thereto after the deposit of the 65th instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession. | |
| 3. For the purpose of paragraphs 1 and 2, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of that organization. | |
Article 23 Withdrawal |
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| PIC, art. 28 | 1. At any time after three years from the date on which this Convention has entered into force for a Party, that Party may withdraw from the Convention by giving written notification to the Depositary. |
| 2. Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal. | |
| Article 24 Depository |
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| PIC, art. 29 | The Secretary-General of the United Nations shall be the Depositary of this Convention. |
Article 25 Authentic Texts |
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| PIC, art. 30 | The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. |
| IN WITNESS WHEREOF the
undersigned, being duly authorized to that effect, have signed this Convention. Done at _________________ on this _____ day of _____, two thousand. |
Annex I
Substances Covered by the Convention
Pesticides
Aldrin
Chlordane
DDT
Dieldrin
Endrin
Heptachlor
Hexachlorobenzene (HCB)
Mirex
Toxaphene
Commercial Chemicals
Polychlorinated Biphenyls (PCBs)
Production by-Products
Dioxins
Furans
Hexachlorobenzene (HCB)
Annex II
Production and Use Prohibitions
Substance |
CAS |
Target Date |
Conditions |
Annex III
Substances Subject to Use Restrictions
Substance |
CAS |
Target Date |
Conditions |
Annex IV
Substances Subject to Emission Control Measures
Substance |
CAS |
Categories to be Controlled |
Conditions |
Annex V
Information to be Included in National Action Plans
1. Plans for the Development of inventories of significant point-source discharges of POPs listed in Annex I
2. Strategies for the collection of available information relating to the domestic production and sale of substances listed in Annexes II and III
3. Plans for the Development and maintenance of emission inventories for substances listed in Annex IV
4. Strategies for the identification and assessment of diffuse sources and sinks from which significant amounts of POPs listed in Annex I may remobilize
5. National goals for reducing the use, discharge and/or emission of POPs covered by the Convention as specified in Article 4
6. A description of planned targets and timetables for the implementation of obligations set forth under the Convention
7. Strategies for identifying articles in use and wastes containing Annex I substances that contribute significantly to overall national inventories of Annex I POPs
8. Comprehensive national programmes for the reduction of discharges of POPs listed in Annex IV, including strategies for applying Most Appropriate Technologies to significant point source discharges of Annex IV POPs
9. Comprehensive national programmes for the reduction of emissions of POPs listed in Annex IV, including:
(a) Strategies for application of Most Appropriate Technologies to major sources of emissions of POPs listed in Annex IV; and
(b) Where appropriate and feasible taking into account the Party=s level of economic development, strategies for the application of best available techniques (BAT) to the major source categories of major stationary sources of POPs listed in Annex IV.
10. A description of plans for the adoption of appropriate laws, regulations, economic or voluntary measures to implement the obligations of this Convention, including, where appropriate:
(a) Measures that encourage the substitution of environmentally sound alternatives to POPs listed in Annexes II and III;
(b) Phaseouts or bans on the use of POPs listed in Annex II and III that pose an unreasonable risk, not otherwise manageable, to human health and the environment;
(c ) Measures to inform the public of risks posed by the use and/or release of POPs listed in Annexes II and III;
(d) Measures to ensure the collection and safe disposal of substances listed in Annex II and III; and
(e) Measures to ensure the environmentally sound recycling or disposal of wastes contaminated with Annex I substances.
11. Establishment of information services for industry and agriculture on techniques for the safe handling and/or use of POPs listed in Annex II and III, including information on product substitutes, technology and techniques to prevent and reduce emissions and discharges of POPs, including Most Appropriate technology (MAT), best environmental practice (BEP), and best available techniques (BAT)
12. Strategies for the development and implementation of Regional Action Plans for reducing emissions and discharges of POPs listed in Annex IV.
13. Plans for assessing periodically whether national goals to reduce or eliminate uses, discharges and/or emissions are being achieved
14. Plans for strengthening, as appropriate, institutions concerned with the management of risks posed by POPs listed in Annex I
Annex VI
Information to be Included in Substance Nomination Dossiers
A. Information to be Provided by Nominating Party
1. A nomination dossier for the addition of a substance to the Convention shall provide information on the candidate substance sufficient for the Substance Review Committee to properly consider and evaluate the substance in accordance with Article 7.
2. The nomination dossier shall include, inter alia, the results of an internationally acceptable, scientifically based risk assessment and data sufficient to assess environmental transport, persistence and bioaccumulation, including data relating to:
- Volatilization/vapor pressure;
- Atmospheric lifetime and lifetime in water;
- Abiotic and biotic degradation processes and rates;
- Bioaccumulation;
- Measured environmental levels in areas remote from sources;
- Direct evidence of long-range atmospheric or other environmental transport/transport modeling; and
- Partitioning into environmental compartments.
3. The nomination dossier shall also include all available and relevant data relating to:
- Production/use/emissions;
- Aquatic/terrestrial ecotoxicity;
- Mammalian toxicity/evidence of human health effects;
- Availability of alternatives and risks posed by using alternative products or by the unavailability of alternative products;
- Costs and socio-economic effects associated with possible management activities;
- Technical and economical feasibility of reducing the potential for transport and associated effects; and
- Recommended control measures.
B. Substance Review Committee Screening and Evaluation
1. The Substance Review Committee shall screen substances to determine whether a proposed substance meets the criteria for atmospheric transport, persistence and bioaccumulation set forth in Article 7.
2. The Substance Review Committee shall evaluate whether a proposed substance presents an unreasonable risk of adverse environmental and human health effects as a result of its long-range transboundary atmospheric transport. The Committee shall conduct a hazard (toxicity) and exposure assessment and will prepare a risk characterization for the additional substance in accordance with the guidance developed by the Parties. At a minimum, the Committee should consider the following information:
- Toxicity assessment
- Mammalian toxicity/evidence of human health effects
- Aquatic/terrestrial ecotoxicity
- Exposure assessment
- Evidence of long-range transport
- Evidence of persistence
- Evidence of bioaccumulation
- Source/deposition data
- Estimates of human and ecological exposures
- Volatilization/vapor pressure
- Atmospheric lifetime
- Abiotic and biotic degradation processes and rates
- Production/use/emissions
- Partitioning into environmental compartments
3. The Substance Review Committee shall recommend to the Parties appropriate risk management actions including voluntary actions, if appropriate, for proposed substances that meet the criteria of Article 7 based on the following considerations and information provided by the proposing and other interested Parties:
- Magnitude of potential risks posed by the additional substance
- Availability and efficacy of alternatives
- Risks posed by using alternative products or by the unavailability of alternative products
- Monitoring evidence
- Costs and socio-economic effects associated with possible management activities
- Technical and economic feasibility of reducing the potential for transport and associated effects
- Cost benefit analysis -- determination of the costs associated with different alternatives compared to the resulting environmental benefits
- Information on known emission sources
- Availability and effectiveness of process changes, control technologies, operating practices and other pollution prevention techniques which can be used to reduce discharges and emissions of the substance.
C. Information to be Collected by the Secretariat in Cooperation with the Substance Review Committee
KEY
Basel Convention: Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, March 22, 1989, 28 I.L.M. 657 (1989) (.
Biodiversity Convention: Convention on Biological Diversity, June 5, 1992, 31 I.L.M. 818 (1992) (http://www.biodiv.org/convtext/cbd0000.htm).
Draft Biosafety Protocol: Open-Ended Ad Hoc Working Group on Biosafety, Fifth Meeting, U.N. Doc. UNEP/CBD/BSWG/5/Inf.1 (1998)
(http://www.biodiv.org/biosafe/biosafe5.html).
Climate Change Convention: United Nations Framework Convention on Climate Change, May 9, 1992, 31 I.L.M. 849 (1992) (http://www.unfccc.de/fccc/conv/conv_toc.htm).
CWC: Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, Jan. 13, 1993, 32 I.L.M. 800(1993)
Desertification Convention: United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, June 17, 1994, 33 I.L.M. 1328 (1994) (http://www.unced.ch).
GPA: Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities, U.N. Doc. UNEP (OCA)/LBA/IG.2/7 (1995) (http://www.unep.org/unep/gpa/pol2a.htm).
ICCA Position Paper ICCA Position Paper on Persistent Organic Pollutants (1998) (http://irptc.unep.ch/pops/iccappops.html).
Draft LBS Protocol: Second Meeting of the Legal/Technical/Policy Experts for the Development of a Protocol Concerning Pollution from Land-Based Sources and Activities to the Convention for the Protection and development of the Marine Environment of the Wider Caribbean Region, U.N. Doc. UNEP(WATER)/CAR WG.21/6 (1997).
LRTAP Convention Convention on Long-Range Transboundary Air Pollution, Nov. 13, 1979, 18 I.L.M. 1442 (1979) (http://www.unece.org/env/conv/lrtap_c.htm).
Migratory Convention on the Conservation of Migratory Species of Wild Species Convention Animals, June 23, 1979, 19 I.L.M. (1980).
LRTAP POPs: United Nations, Economic and Social Council, Draft Protocol to the Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants, U.N. Doc. EB.AIR/1998/2 (1998)
(http://irptc.unep.ch/pops/POPS_Inc/Inc_1/inf3.htm)
Montreal Protocol: Montreal Protocol on Substances That Deplete the Ozone Layer, September 16, 1987, 26 I.L.M. 1550 (as amended) (1987) (http://www.unep.ch/020ne/treaties.htm).
NACEC: Process for Identifying Candidate Substances for Regional Action under the Sound Management of Chemicals Initiative (CEC, 1997) http://www.cec.org/english/profile/council/resolutions/95-05.cfm?format=2).
PIC: United Nations, Intergovernmental Negotiating Committee for an International Legally Binding Instrument for the Application of the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, Report of the Intergovernmental Negotiating Committee for an International Legally Binding Instrument for the Application of the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade on the Work of Its Fifth Session, U.N. Doc. UNEP/FAO/PIC/INC.5/3 (1998)
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