Key Benefits:
DECREE NO. 5,472, OF June 20, 2005
Promuling the text of the Stockholm Convention on Pollutants Persistent Organic, adopted, in that city, on May 22, 2001.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, inciso IV, of the Constitution, and
Considering that the Government of the Federative Republic of Brazil signed the Stockholm Convention on Persistent Organic Pollutants, in that city, on May 22, 2001;
Considering that the National Congress passed this Convention through Legislative Decree No. 204 of May 7, 2004;
Considering that the Convention entered into international force, on February 24, 2004, pursuant to paragraph 1º of its Article 26;
DECRETA:
Art. 1º A Stockholm Convention on Persistent Organic Pollutants, adopted in that city, on May 22, 2001, appended by copy to the present Decree, will be executed and fulfilled as entirely as it contains.
Art. 2º Are subject to the approval of the National Congress any acts that may result in revision of the said Convention or that carries charges or gravy commitments to the national heritage, in the terms of art. 49, inciso I, of the Constitution.
Art. 3º This Decree comes into effect on the date of its publication.
Brasilia, June 20, 2005; 184º of Independence and 117º of the Republic.
LUIZ INÁCIO LULA DA SILVA
Celso Luiz Nunes Amorim
The Parties to the present Convention
Recognizing that persistent organic pollutants have toxic properties, are resistant to degradation, bioaccumulate, are transported by air, water, and migratory species across international borders and deposited distant from the site of its release, where they accumulate in terrestrial and aquatic ecosystems,
Consent of health problems, especially in developing countries, resulting from local exposure to persistent organic pollutants, in particular the effects on women and, by means of them, in future generations,
Recognizing that the ecosystems and indigenous communities of the Arctic are especially threatened due to bioaccumulation of persistent organic pollutants, and that contamination of their traditional foods is a public health problem,
Consent of the need to take world-wide measurements on persistent organic pollutants,
Taking into consideration Decision 19 /13C of February 7, 1997, of the Board of Directors of the Program of the United Nations Environment, to initiate international actions to protect human health and the environment with measures that will reduce and / or eliminate the releases and evictions of persistent organic pollutants,
Recalling the relevant provisions of the relevant international environmental conventions, especially the Rotterdam Convention on the Informed Prior Consent Procedure for the International Trade of Certain Hazardous Chemicals and Agrotoxic Hazardous and the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Its Deposit, included the regional agreements drawn up in the milestone of your article 11,
Recording also the relevant provisions of the Rio Declaration on Environment and Development and the 21 Agenda,
Recognizing that the idea of precaution is the foundation of the concerns of all Parties and is incorporated in a substantial manner to the present Convention,
Recognizing that the present Convention and the remaining international agreements in the area of trade and environment support each other,
Restating that states, in accordance with the United Nations Charter and the principles of international law, have the right sovereign to explore its own resources in accordance with its own policies related to the environment and development, as well as have a responsibility to ensure that the activities that are carried out under its jurisdiction or control do not cause damage to the environment of other states or from areas located beyond the boundaries of national jurisdiction,
Taking into consideration the special circumstances and needs of developing countries, particularly those of the least developed countries, and the countries with economy in transition, in particular the need to strengthen their national capacities for the management of chemical substances, including upon transfer of technology, the provision of financial and technical assistance and the promotion of cooperation between the Parties,
Having fully taken into consideration the Action Program for Sustainable Development of Small Island States in Development, approved in Barbados, on May 6, 1994,
Taking note of the respective capacities of developed and developing countries, as well as the common but differentiated responsibilities of the States in accordance with that established in Principle 7 of the Rio Declaration on Environment and Development,
Recognizing the important aport that the private sector and nongovernmental organizations can do to achieve the reduction and / or elimination of emissions and discharges of persistent organic pollutants,
Stressing the importance that manufacturers of persistent organic pollutants take the responsibility to reduce the adverse effects caused by their products and make information available to users, governments and the public about the hazardous properties of these chemical substances,
Consent of the need to adopt measures to prevent the adverse effects caused by persistent organic pollutants at all stages of their life cycle,
reaffirming the Principle 16 of the Rio Declaration on Environment and Development that stipulates that national authorities should seek to promote the internalization of costs environmental and the use of economic instruments, taking into consideration the criterion that who contaminates should, in principle, bear the costs of contamination, duly taking into consideration the public interest and without distorting trade nor the international investments,
Estimulating the Parties that do not rely on normative and regulatory systems evaluation of agrotoxic and industrial chemical substances to create them,
Recognizing the importance of develop and use environmentally healthy alternative chemical processes and substances,
Determined to protect human health and the environment from the harmful impacts of persistent organic pollutants,
Concame in the following:
Article 1º
Objective
Having Present the Principle of Precaution enshrined in Principle 15 of the Rio Declaration on Environment and Development, the aim of this Convention is to protect human health and the environment from persistent organic pollutants.
Article 2º
Definitions
For the purposes of this Convention:
(a) the term "Part" means a state or a regional integration organization economic which has consented to subject to the present Convention and for which the Convention is in force;
(b) the term "regional economic integration organization" means an organization constituted by sovereign states of a given region to which the Member States have delegated jurisdiction to deal with the matters governed by this Convention and which has been duly authorized, in accordance with their internal procedures, to sign, ratify, accept, approve or accede to the present Convention;
(c) the term "Parties present and voting" means Parties that are present and that they emit an affirmative or negative vote.
Article 3º
Measures to Reduce or Drop the Releases arising
of Production and Use Intentional
1. Each Party shall:
(a) prohibit and / or adopt the legal measures and administrative that are necessary to eliminate:
i) the production and use of the related chemical substances in Annex A, in accordance with the provisions specified in that Annex; and,
ii) the import and export of the related chemical substances in Annex A, in accordance with the provisions of paragraph 2; and,
(b) restrict the production and use of the related chemical substances in Annex B, according to the provisions specified in that Annex.
2. Each Party shall adopt measures to ensure that:
(a) a related chemical substance in Annex A or Annex B, be imported only:
i) for your environmentally appropriate disposition, in the willing form in the Art. 6º, paragraph 1 (d); or,
ii) for a use or purpose permitted for that Party in accordance with Annex A or Annex B;
(b) a chemical substance related to Annex A, for which a specific exception for production or use is in force, or a chemical related substance in Annex B for which an acceptable purpose of production or use is in place, considering the relevant provisions of the international instruments of informed prior consent, be exported only:
i)for its environmentally appropriate disposition, in the willing form in Art. 6º, paragraph 1 (d); or,
ii)for a Party that has authorization to use that chemical in accordance with Annex A or Annex B; or; or,
iii) for a State that is not Party to the present Convention that has provided an annual certification for the exporting Party. Such certification should specify the predicted use of the chemical substance and include a statement that, for that chemical substance, the importing State undertakes to:
a. protect human health and the environment by taking the necessary measures to minimise or prevent clearances;
b. comply with the provisions of Art. 6º, paragraph 1; and,
c. comply, when proceeding, the provisions of paragraph 2 of Part II of Annex B.
Certification should also include all appropriate supporting documentation, such as legislative texts, regulatory instruments, or administrative or policy guidelines. The exporting Party shall transmit the certification to the Secretariat within sixty days of its receipt.
(c) a chemical related substance in Annex A, for which the exceptions specific to production and use are no longer in effect for any Party, shall not be exported by that Party, except for the purpose of its environmentally appropriate provision, in the manner disposed of in Art. 6º, paragraph 1 (d);
(d) for effect of this paragraph, the term " State that is not Part in the present Convention " shall include, with respect to a particular chemical substance, a State or regional economic integration organization that has not agreed to be bound by the Convention with regard to this chemical substance.
3. Each Party, which possesses one or more systems for regulating and evaluating new agrotoxic or new industrial chemical substances, should adopt measures to regulate, with the purpose of preventing the production and use of new agrotoxic or new industrial chemical substances which, taking into consideration the criteria in paragraph 1 of Annex D, possess the characteristics of persistent organic pollutants.
4. Each Party, which possesses one or more schemes of regulation and evaluation of agrotoxic or industrial chemical substances will take into account in these schemes, if any, the criteria in paragraph 1 of Annex D in the achievement of the evaluation of the agrotoxic or industrial chemical substances currently in use.
5. Unless otherwise disposed of in this Convention, paragraphs 1 and 2 shall not apply to quantities of a chemical intended for use in research at a laboratory scale or as a reference standard.
6. Every Party that has a specific exception in accordance with Annex A or a specific exception or acceptable purpose in accordance with Annex B should take appropriate measures to ensure that any production or use corresponding to that exception or purpose occurs in such a way that it avoids or minimizes human exposure and release in the environment. As for the specific exceptions or acceptable purposes that include intentional release in the environment under normal use conditions, such release should be the required minimum, taking into consideration the norms and guidelines applicable.
Article 4º
Registration of Specific Exceptions
1. It shall be established by means of this Convention a Record for the purpose of identifying the Parties that have specific exceptions relating to Annex A or in Annex B. The Registry shall not identify the Parties that make use of the provisions of the Annex A or Annex B which may be relied upon by all Parties. The Secretariat shall maintain such Record and shall place it at the disposal of the public.
2. The Registry should include:
(a) a list of the types of specific exceptions obtained from Annex A and Annex B;
(b) a list of the Parties possessing specific exceptions related in Annex A or in Annex B; and
(c) a list of the expiration dates for each specific exception registered.
3. As soon as it becomes Part, any State may, by means of written notification to the Secretariat, register for one or more types of specific exceptions related in Annex A or Annex B.
4. Unless a Party indicates an earlier date in the Registry, or an extension is authorized in accordance with paragraph 7, all records of the specific exceptions shall expire five years after the date of entry into force of this Convention, with relation to a specific chemical substance.
5. At its first meeting, the Conference of the Parties shall adopt a decision related to its examination process of the inscriptions in the Registry.
6. Prior to the examination of an inscription on the Registry, the interested Party will present an inform to the Registry where it will justify the permanence of the need for registration of that exception. The Secretariat shall distribute the briefing to all Parties. The examination of an inscription will be carried out considering all the available information. With such antecedents, the Conference of the Parties may formulate, for the Party concerned, the recommendations it considers timely.
7. The Conference of the Parties may, by the request of the Party concerned, adopt the decision to extend the expiration date of a specific exception for a period of up to five years. By adopting such a decision, the Conference of the Parties shall duly take into account the special circumstances of the Parties that are developing countries or countries with economies in transition.
8. A Party may, at any time, withdraw the registration of the Registration of a specific exception upon written notification to the Secretariat. The withdrawal shall enter into force on the date specified in the notification.
9. When no longer there are registered Parts for a particular type of specific exception, no new registrations for that exception will be realized anymore.
Article 5º
Measures to Reduce or Eliminate the Releases of Non-intentional Production
Each Party shall adopt as a minimum the following measures to reduce the total releases derived from anthropogenic sources of each of the chemical substances included in Annex C, with the purpose of its reduction to the minimum and, where feasible, its ultimate elimination:
(a) draw up a plan of action or, if it is the case, a regional or sub-regional action plan within two years of the entry into force of this Convention for the Party, and subsequently implement it, as part of its implementation plan specified in Art. 7º, drawn up to identify, characterize and combat the releases of the related chemical substances in Annex C, and facilitate the implementation of subparagraphs (b) a (e). The action plan should include the following elements:
i) evaluation of the current releases and the designed ones, including the elaboration and maintenance of the inventories of sources and estimates of releases, taking into account the categories of the sources identified in Annex C;
ii) assessment of the effectiveness of the laws and policies of the Party concerning the management of these releases;
iii) strategies to comply with the obligations stipulated in this paragraph, taking into consideration the assessments mentioned in the incisos (i) and (ii);
iv) measures to promote education, empowerment and awareness in relation to these strategies;
v) Sequential review of these strategies and their success in fulfilling the obligations arising from this paragraph; such revisions will be included in the report to be presented in accordance with Art. 15;
vi) timeframe for implementation of the plan of action, inclusive of the strategies and measures identified in the plan.
(b) promote the implementation of the available, viable and practical measures that allow to reach rapidly a realistic and significant degree of reduction of the releases or deletion of the sources;
(c) promoting the development and, when it is deemed appropriate, to require the use of substitutive or modified materials, products and processes to prevent the formation and release of the chemicals included in Annex C, taking into account the general guidelines on measures for the prevention and reduction of releases appearing in Annex C and the guidelines that are adopted by decision of the Conference of the Parties;
(d) promote and, in accordance with the implementation schedule of your action plan, apply for the use of the best available techniques for the new sources within the categories of sources which, under determined a Party in its plan of action, warrant such measures, with special initial focus for the categories of sources identified in Part II of Annex C. In any way, the requirement for use of the best available techniques related to the new sources of the related categories in Part II of that Annex will be adopted gradually, as soon as possible, but no later than four years after the entry into force of the Convention for that Party. With respect to the identified categories, the Parties shall promote the use of the best environmental practices. By applying the best available techniques and best environmental practices, the Parties should take into consideration the general guidelines on measures for prevention and reduction of releases appearing in the cited Annex and the guidelines on better available techniques and best environmental practices that are adopted by decision of the Conference of the Parties;
(e) promote, according to your plan of action, the employment of the best available techniques and best environmental practices:
i) for existing sources, within the categories of related sources in Part II of Annex C and of the categories of sources such as those related in Part III of that Annex; and
ii) for new sources, within the categories such as the related in Part III of Annex C, for which the Party has not carried out any initiative in the subparagraph (d) milestone.
By implementing the best available techniques and best environmental practices, the Parties should to take into consideration the general guidelines on measures for the prevention and reduction of releases appearing in Annex C and the guidelines on best available techniques and environmental best practices that are adopted by decision of the Conference of the Parts;
(f) for the purposes of this paragraph and of Annex C:
i) the term "best available techniques" means the most effective and advanced stage in the development of the activities and methods of operation that indicate the practical suitability of the specific techniques that provide in principle the basis of the limitation of releases intended to prevent and, where it is not feasible, to reduce in general the releases of the related chemical substances in Part I of Annex C and its impacts on the environment as a whole. In that respect:
ii) the term "techniques" includes both the technology used as the way the facility is drawn, built, maintained, operated and disassembled;
iii) the technical term "available" means those techniques that are accessible to the operator and that are developed on a scale that allows their application in the relevant industrial sector under economical and technically feasible conditions, leading in consideration of costs and benefits; and
iv) the term "best" means more efficient to achieve a high overall level of protection of the environment as a whole;
v) the term "best environmental practices" means the application of the most appropriate combination of environmental control measures and strategies;
vi) the term "new font" means any source whose construction or modification substantial has started at least one year after the date of:
a. entry into force of this Convention for the interested Party; or
b. entry into force for the Party concerned of an amendment to Annex C by which the source in question is submitted to the provisions of this Convention solely by virtue of that amendment.
(g) a Party will be able to use release limit values or performance standards to fulfill its implementation commitments of the best available techniques referred to in this paragraph.
Article 6º
Measures to Reduce or Drop the Releases of Inventories and Waste
1. For the purpose of ensuring that stocks consisting of / or containing the chemical substances related in Annex A or Annex B, and waste, including the products and articles that convert to waste, consisting of, containing or contaminated with the related chemical substances in Annex A, B or C, are managed so as to protect human health and the environment, each Party should:
(a) draw up appropriate strategies to identify:
i) the stocks that consist of, or containing, the related chemical substances in Annex A or Annex B; and,
ii) the products and articles in use, as well as the waste consisting of, contain or be contaminated with a related chemical substance in Annex A, B or C;
(b) identify, in the measure of the possible, stocks consisting of, or contain, the chemical substances related in Annex A or Annex B, in accordance with the strategies referred to in sub-paragraph (a);
(c) manage the stocks, as the case may be, in a safe, efficient and environmentally sound manner. The stocks of the chemical substances related to Annex A or Annex B, when it is no longer possible to use them according to a specific exception determined in Annex A or a specific exception or acceptable purpose determined in Annex B, except stocks whose export is permitted in accordance with Art. 3º, paragraph 2, will be considered waste and will be managed according to sub-paragraph (d);
(d) take appropriate measures so that such waste, included the products and articles when they convert into waste:
i) are manhandled, collected, transported and stored in an environmentally sound manner healthy;
ii) be arranged in such a way that the content of organic pollutant persistent is destroyed or irreversibly transformed so that they do not display any more characteristics of persistent organic pollutants or otherwise environmentally sound disposed when the destruction or irreversible transformation does not represent the preferable option from the environmental point of view or the persistent organic pollutant content is low, taking into account international rules, standards and guidelines, including those that can be drawn up in accordance with the paragraph 2 and relevant global and regional regimes that govern hazardous waste management;
iii) are not permitted for disposition operations that enable retrieval, recycling, regeneration, direct reuse or alternative uses of persistent organic pollutants; and,
iv) are not transported across international borders without taking into account the rules, relevant international standards and guidelines;
(e) engage to draw up appropriate strategies for identify sites contaminated with the related chemical substances in Annexes A, B or C; in the case of remediation of these sites, this should be done in an environmentally sound manner.
2. The Conference of the Parties will cooperate closely with the appropriate bodies of the Basel Conference on the Control of Cross-border Movements of Hazardous Waste and its Depot for, among other things:
(a) establish levels of destruction and irreversible transformation needed to ensure that no are more displayed the characteristics of persistent organic pollutants specified in paragraph 1 of Annex D;
(b) determine the methods considered environmentally sound for the environmentally appropriate disposition referred to above; and,
(c) establish, as the case may be, the concentration levels of the related chemical substances in the Attachments A, B and C to define the low content of persistent organic pollutant referred to in the inciso (ii) of paragraph 1 (d).
Article 7º
Deployment Plans
1. Each Party should:
(a) draw up a plan for the implementation of its obligations arising from this Convention and making efforts for its implementation;
(b) convey its implementation plan to the Conference of the Parties within two years of the date of entry into force of the Convention for that Party; and,
(c) review and update, as the case may be, its implementation plan at periodic intervals and in the form determined by decision of the Conference of the Parties.
2. Parties shall, as the case may be, cooperate directly, or through world organizations, regional or subregional, and consult with national stakeholders, included women's groups and groups dealing with children's health, in order to facilitate the elaboration, implementation and updating of their implementation plans.
3. The Parties shall endeavor to use and, where necessary, establish the means to incorporate the national implementation plans regarding persistent organic pollutants in their sustainable development strategies, as the case may be.
Article 8º
Inclusion of Chemical Substances in the Annexes A, B and C
1. Any Party may submit to the Secretariat a proposal for the inclusion of a chemical substance in Annexes A, B and / or C. Such a proposal will include the information specified in Annex D. When drawing up a proposal, a Party may receive the assistance of other Parties and / or the Secretariat.
2. The Secretariat shall verify whether the proposal contains the information specified in Annex D. If the Secretariat considers that the proposal contains such information, it will refer the proposal to the Persistent Organic Pollutants Examination Committee.
3. The Committee will examine the proposal and apply the selection criteria specified in Annex D in a flexible and transparent manner, taking into consideration, in an integrated and balanced manner, all the information made available.
4. If the Committee decides that:
(a) the selection criteria have been met, shall, by means of the Secretariat, make available the proposal and the evaluation of the Committee for all Parties and observers and invite them to submit the information set out in Annex E; or
(b) selection criteria have not been met, should, by means of the Secretariat, inform all Parties and observers and make available the proposal and the evaluation of the Committee to all Parties, and the proposal should be disposed of.
5. Any Party may return to submit to the Committee a proposal that has already been disposed of by virtue of paragraph 4. In this new presentation you will be able to figure out all of the considerations of the Party as well as a justification for reconsideration by the Committee. If, when applying such a procedure, the Committee again discards the proposal, the Party may challenge the decision of the Committee and the Conference of the Parties may consider the matter in the following session. The Conference of the Parties shall decide, on the basis of the selection criteria of Annex D and taking into consideration the evaluation of the Committee and any additional information made available by any Party or observer, whether the proposal should proceed.
6. In cases where the Committee has decided that the selection criteria have been met, or that the Conference of the Parties has decided that the proposal should proceed, the Committee will review the proposal again, taking into consideration any information additional relevant received, and will prepare a risk profile project in accordance with Annex E. The Committee, through the Secretariat, will make the project available to all Parties and observers, compile their technical observations and, leading in consideration of such observations, it will conclude the elaboration of the risk profile.
7. If, on the basis of the risk profile drawn up in accordance with Annex E, the Committee decides that:
(a) it is likely that the chemical as a result of its long-distance environmental transport causes significant adverse effects to human health and / or the environment that justifies the adoption of measures on a global level, the proposal should continue. The lack of full scientific certainty will not prevent the plotting of the proposal. The Committee, by means of the Secretariat, will request information from all Parties and observers, related to the considerations specified in Annex F. The Committee will then prepare an assessment of risk management that includes an analysis of the possible control measures for the chemical substance, according to that Annex; or,
(b) the proposal shall not proceed, make available, by means of the Secretariat, the profile of risks to all Parties and observers and dispose of the proposal.
8. In relation to any discarded proposal in accordance with paragraph 7, any Party may request the Conference of the Parties to consider the possibility of instructing the Committee to invite the proposing Party, and other Parties, to submit additional information within a period of not more than one year. Transcurred that period, and on the basis of the information received, the Committee shall reconsider the proposal in accordance with paragraph 6, with priority to be defined by the Conference of the Parties. If, when applying such a procedure, the Committee again discards the proposal, the Party may challenge the decision of the Committee and the Conference of the Parties may consider the matter in the following session. The Conference of the Parties may decide, on the basis of the risk profile prepared in accordance with the Annex E and taking into consideration the evaluation of the Committee and additional information made available by any Party or observer, which the proposal must proceed. If the Conference of the Parties decides that the proposal should proceed, the Committee will then prepare the risk management assessment.
9. The Committee will recommend, on the basis of the risk profile referred to in paragraph 6 and the risk management assessment referred to in paragraph 7 (a) or paragraph 8, whether the chemical substance should be considered by the Conference of the Parties for inclusion in the Attachments A, B and / or C. The Conference of the Parties, taking into due consideration the recommendations of the Committee, including any scientific uncertainty, will decide in a preventive manner whether it will include the chemical substance, and specify the control measures relative, in Attachments A, B and / or C.
Article 9º
Exchange of Information
1. Each Party should facilitate or carry out the exchange of related information:
(a) to the reduction or elimination of the production, use and release of persistent organic pollutants; and,
(b) to the alternatives to persistent organic pollutants, including information related to their risks, as well as their economic and social costs.
2. The Parties shall exchange the information referred to in paragraph 1, either directly or through the Secretariat.
3. Each Party shall designate a national focal point for the exchange of this information
4. The Secretariat will act as a mechanism for exchanging information on persistent organic pollutants, including the information made available by Parties, intergovernmental organizations and nongovernmental organizations.
5. For the purposes of this Convention, information on human and environmental health and safety will not be considered confidential. Parties who exchange other information relating to this Convention shall protect any confidential information of mutual agreement.
Article 10
Information, Conscientization, and Public Education
1. Each Party shall, in accordance with its capacity, promote and facilitate:
(a) the awareness of policymakers and decisions with respect to persistent organic pollutants;
(b) the communication to the public of all available information related to persistent organic pollutants, taking into consideration the provisions of Art. 9º, paragraph 5;
(c) the elaboration and implementation of education programs and public awareness raising, especially women, children and less educated people, about persistent organic pollutants, their effects to health and the environment and their alternatives;
(d) the public's participation in the treatment of the topic of persistent organic pollutants and their effects for the health and the environment and the development of appropriate responses, including the possibilities of making aports, at a national level, for the implementation of this Convention;
(e) the training of the workers, scientists, educators and technical personnel and the managerial area;
(f) the elaboration and exchange of educational and public awareness material, on the national and international level; and,
(g) the elaboration and implementation of educational and training programs, on the national and international level.
2. Each Party, according to your capacity, will ensure that the public has access to the public information referred to in paragraph 1 and that such information is kept up-to-date.
3. Each Party, in accordance with its capacity, will stimulate the industry and professional users to promote and facilitate the provision of the information referred to in paragraph 1 on a national level and, as the case may be, on sub-regional, regional and global.
4. By making available information on persistent organic pollutants and their alternatives, Parties will be able to use data sheets with safety data, informs, the means of diffusion and other media, and will be able to establish centres of national and regional information.
5. Each Party will direct special attention to the development of mechanisms, such as the records of release and transfer of pollutants, for the collection and dissemination of information on estimates of annual release or elimination quantities of the related chemical substances in Annex A, B or C.
Article 11
Research, Development, and Monitoring
1. The Parties, in accordance with their capabilities, should stimulate and / or effect, on the national and international level, appropriate research, development, monitoring and cooperation activities with respect to persistent organic pollutants and, as per the case, with respect to its alternatives and potential persistent organic pollutants, including on:
(a) the sources and releases in the environment;
(b) the existence, levels and trends in human beings and the environment;
(c) the transport, the final destination and the transformation in the environment;
(d) the effects on human health and the environment;
(e) the socioeconomic and cultural impacts;
(f) the reduction and / or elimination of the releases; and,
(g) the harmonized methodologies for making inventories of generating sources and the techniques analytics for measurement of clearances.
2. When taking the measures for the implementation of paragraph 1, the Parties, in accordance with their capabilities, should:
(a) support and follow developing, as the case, international programs, networks and organizations that object to the definition, conduction, evaluation and financing of research, data collection and monitoring, taking into account the need to minimize duplication of efforts;
(b) support national and international efforts to strengthen the national capacity for technical and scientific research, especially in developing countries and countries with economies in transition, and to promote access to data and analysis as well as their exchange;
(c) take into account the problems and needs of developing countries and of the countries with economies in transition, especially those related to financial and technical resources, and cooperate for the betterment of their ability to participate in the efforts referred to in subparagraphs (a) and (b);
(d) effectuate research work aimed at mitigating the effects of persistent organic pollutants in reproductive health;
(e) make accessible to the public, in a timely fashion and regulate, the results of their research and development and monitoring activities, referred to in this paragraph; and,
(f) stimulate and / or carry out cooperative activities related to the storage and maintenance of the information generated by research, development, and monitoring.
Article 12
Technical Assistance
1. The Parties recognize that the provision of technical, timely and appropriate assistance in response to the solicitations of the Parties that are developing countries and Parties that are countries with economies in transition, is essential to the successful implementation of the this Convention.
2. Parties shall cooperate to provide timely and appropriate technical assistance to the Parties that are developing countries and Parties that are countries with economies in transition to help them, taking into account their particular needs, to develop and strengthen their capacity to fulfill the obligations arising from the present Convention.
3. In this sense, the technical assistance to be provided by the Parties that are developed countries, and other Parties in accordance with their capabilities, will include, as the case and mutually agreed upon, technical assistance for capacity-related empowerment fulfillment of the obligations arising from this Convention. The Conference of the Parties will provide greater guidance in this regard.
4. The Parties shall establish, as the case may be, mechanisms for the purpose of viabilizing technical assistance and promoting the transfer of technology to Parties that are developing countries and to Parties that are countries with economies in transition, in relation to the implementation of this Convention. These arrangements will include regional and sub-regional centers for capacity-building and technology transfer with the purpose of assisting Parties that are developing countries and the Parties that are countries with economies in transition to fulfill their obligations arising from this Convention. The Conference of the Parties will provide greater guidance in this regard.
5. The Parties shall, in the context of this article, take into account, emphatically, the specific needs and special situation of the least developed countries and small island developing States, with regard to the adoption of measures related to technical assistance.
Article 13
Mechanisms and Financial Resources
1. Each Party undertakes, in accordance with its capacity, to provide financial support and to offer incentives for national activities that aim to achieve the objective of this Convention in accordance with its national plan, priorities and programs.
2. Parties that are developed countries will make new and additional financial resources available to allow Parties that are developing countries and Parties that are countries with transitional economics to enable the total incremental costs agreed to implement measures that meet the obligations under this Convention, as agreed between a beneficiary Party and a participant entity of the mechanism described in paragraph 6. Other Parties may also, voluntarily and in accordance with their capabilities, make such financial resources available. Contributions from other sources should also be encouraged. The implementation of these commitments should consider the need for the flow of funds to be sufficient, predictable and timely and the importance of sharing financial responsibility among the contributing Parties.
3. The Parties that are developed countries and other Parties, in accordance with their capacities and their national plans, priorities and programs, will also be able to make financial resources available to assist the implementation of this Convention by means of other bilateral, regional and multilateral sources or channels, and the Parties that are developing countries and Parties that are countries with economies in transition will be able to benefit from these resources.
4. The extension of the implementation of the commitments arising from this Convention by the Parties that are developing countries will depend on the effective fulfillment of the commitments arising from this Convention by the Parties that are countries developed, in relation to financial resources, technical assistance and transfer of technology. One must take full account of the fact that sustainable economic and social development and poverty eradication are the exquisite and absolute priorities of the Parties that are developing countries, giving due consideration to the need to protect human health and the environment.
5. The Parties shall take full account of the specific needs and special situation of the least developed countries and small island developing States, with regard to their adoption of financing-related measures.
6. It becomes defined by means of this Convention a mechanism to make adequate and sustainable financial resources available to Parties that are developing countries and Parties that are countries with economies in transition, in the form of donations or and concessional bases, to assist them in the implementation of the Convention. The mechanism will operate under the authority, as the case may be, and the orientation of the Conference of the Parties, to whom it is to provide account for the purposes of this Convention. Its operation will be entrusted to one or several entities, including to existing international entities, in accordance with the decision of the Conference of the Parties. The mechanism will also be able to include other entities providing technical and financial, multilateral, regional and bilateral assistance. The contributions to the mechanism should be additional to other financial transfers to Parties that are developing countries or Parties that are countries with economies in transition, as indicated and in accordance with paragraph 2.
7. In accordance with the objectives of this Convention and paragraph 6, the Conference of the Parties at its first meeting shall adopt appropriate guidelines for the mechanism and agree with the entity, or entities participating in the financial mechanism, the necessary arrangements for such guidelines to take effect. The guidelines will include, among others:
(a) the definition of priorities related to policy, strategy and programs, as well as criteria and guidelines, clear and detailed, related to the conditions of access to financial resources and their utilization, including monitoring and periodic evaluation of the use of these resources;
(b) the submission of periodic reports to the Conference of the Parties by the participating entity or entities on the suitability and sustainability of the funding for activities relevant to the implementation of this Convention;
(c) the promotion of criteria, mechanisms, and funding arrangements based on multiple sources;
(d) the modalities for determination, in a predictable and identifiable manner, of the amount of resources required and available for implementation of this Convention, considering that, the gradative elimination of persistent organic pollutants may apply for sustainable financing and under conditions such that this amount is periodically reviewed; and,
(e) the modalities for the provision of assistance to interested parties upon assessment of the needs, information on available resource sources and forms of financing, with the purpose of facilitating coordination between them.
8. The Conference of the Parties shall review, at the latest in its second meeting and successively in periodic character, the effectiveness of the mechanism set out in this article, its ability to meet changes in the needs of the Parties that are countries in development and of the Parties that are countries with economies in transition, the criteria and guidelines referred to in paragraph 7, the funded amount as well as the effectiveness of the performance of the institutional entities tasked with administering the mechanism financial. In accordance with this review, the Conference of the Parties may adopt appropriate actions in order to improve the effectiveness of the mechanism, including by means of recommendations and guidelines with respect to the measures to ensure adequate funding and sustainable to meet the needs of the Parties.
Article 14
Financial Arrangements Internines
The institutional structure of the Fund for the World Environment, administered in accordance with the Instrument for the Establishment of the Fund for the World Environment Restructured, will be, of interina form, the main entity entrusted with the operations of the financial mechanism referred to in Art. 13, in the period between the entry into force of this Convention and the first meeting of the Conference of the Parties, or until the time of the Conference of the Parties decide which institutional structure will be designated in accordance with Art. 13. The institutional structure of the Fund for the World Environment should perform this function by adopting operational measures related specifically to persistent organic pollutants, taking into consideration that new arrangements in this area may be required.
Article 15
Presentation of Reports
1. Each Party shall inform the Conference of the Parties about the measures it has adopted to implement the provisions of this Convention and on the effectiveness of such measures to achieve the objectives of this Convention.
2. Each Party shall report to the Secretariat:
(a) statistical data on the total quantities of the production, import and export of each of the chemical substances related in Annex A and Annex B or a reasonable estimate of such data; and,
(b) as far as possible, a list of the states of which it has imported each substance and of the states for which it has exported each substance.
3. The informs will be presented at periodic intervals and in the format to be decided by the Conference of the Parties at their first meeting.
Article 16
Assessment of Efficiency
1. After four years of the entry into force of this Convention, and successively in a periodic manner at intervals to be decided by the Conference of the Parties, the Conference shall assess the efficiency of this Convention.
2. With the purpose of facilitating such an assessment, the Conference of the Parties, at their first meeting, should begin preparations to obtain comparable monitoring data on the presence of the related chemical substances in Annexes A, B and C as well as their global and regional transport in the environment. These preparations:
(a) should be implemented by the Parties at level regional, as the case, according to its technical and financial capabilities, using, within the possible, the existing monitoring programs and mechanisms and promoting the harmonization of the criteria;
(b) will be able to be supplemented when necessary, taking into account the differences between regions and their capabilities to carry out the monitoring activities; and,
(c) will include reports to the Conference of the Parties on the results of the regional and global character monitoring activities, with periodicity to be fixed by the Conference of the Parties.
3. The assessment described in paragraph 1 will be carried out on the basis of the available scientific, environmental, technical, and economic information, and will include:
(a) reports and other monitoring information made available in accordance with paragraph 2;
(b) national reports presented in accordance with Art. 15; and,
(c) information about non-compliance made available according to established procedures in Art. 17.
Article 17
Non-compliance
As soon as possible, the Conference of the Parties, shall elaborate and approve the institutional procedures and mechanisms allowing to determine non-compliance with the provisions of this Convention and the processing to be applied to Parties that have not complied with such provisions.
Article 18
Solution of Controversies
1. The Parties shall solve any controversy relating to the interpretation or application of this Convention by means of negotiations or other peaceful mechanism of their free choice.
2. By ratifying, accepting, approving or acceding to the present Convention, or at any subsequent time, a Party that is not a regional economic integration organization may declare, in written instrument submitted to the Depositary that, with regard to any controversy related to the interpretation or application of the Convention, considers it mandatory one or both of the means of dispute resolution set out below for any Party that accepts the same obligation:
(a) arbitration according to procedures to be adopted by the Conference of the Parties in an annex, as soon as possible;
(b) forwarding controversy to the consideration of the International Court of Justice.
3. A Party that is a regional economic integration organization will be able to make a similar effect statement in relation to the arbitration, in accordance with the procedure mentioned in paragraph 2 (a).
4. A declaration in accordance with paragraph 2 or paragraph 3 will remain in effect until it expires, in accordance with its terms or up to three months after the date that a written notification of its revocation has been deposited with the Depositary.
5. The expiration of a declaration, a notification of revocation or a new declaration will not in any way affect any pending proceedings in an arbitration court or the International Court of Justice unless the Parties involved in the controversy reach an agreement to the contrary.
6. Should the Parties involved in a controversy not have accepted the same procedure or any of the procedures set out in paragraph 2, and are unable to remedy their controversy within twelve months after notification by a Party to the other of the existence of a controversy between them, the controversy will be, upon request of any of the Parties involved in the controversy, submitted to a conciliation commission. The conciliation commission will provide a report with recommendations. Additional procedures related to the conciliation commission should be included in an annex to be adopted by the Conference of the Parties at the latest until their second meeting.
Article 19
Conference of the Parties
1. A Conference of the Parties stands by means of this instituted.
2. The first meeting of the Conference of the Parties shall be convened by the Executive Director of the United Nations Environment Programme within a maximum period of one year from the date of entry into force of this Convention. Thereafter, ordinary meetings of the Conference of the Parties at regular intervals to be defined by the Conference will be held.
3. Extraordinary meetings of the Conference of the Parties shall be held on other occasions, at the discretion of the Conference, or upon written request from any of the Parties since supported by at least one third of the Parties.
4. In its first meeting, the Conference of the Parties will define and adopt by consensus rules of procedure and financial rules to be followed both for the Conference and subsidiary bodies and will establish, as well, financial arrangements to govern the functioning of the Secretariat.
5. The Conference of the Parties shall keep under constant review and evaluation the implementation of this Convention. The Conference shall perform the functions assigned to it by this Convention and, for so much, shall:
(a) create, in addition to that provided for in paragraph 6, subsidiary organs that it deems necessary for the implementation of the Convention;
(b) cooperate, if any, with international, intergovernmental and nongovernmental organizations competent;
(c) regularly review all the information made available for the Parties concerning the Art.15, including considerations on the efficiency of paragraph 2 (b) (iii) of Art. 3º; e,
(d) analyze and adopt any further action that comes to be required for the scope of the Convention's objectives.
6. The Conference of the Parties will create, at its first meeting, a subsidiary body that will be named the Persistent Organic Pollutants Review Committee to perform the duties assigned to that Committee by this Convention. In that regard:
(a) the members of the Pollutant Review Committee Persistent Organic will be designated by the Conference of the Parties. The Committee will be composed of experts in the management or evaluation of the chemical substances designated by their respective governments. The members of the Committee will be appointed on the basis of the criterion of the equestic geographical distribution;
(b) the Conference of the Parties shall define the terms of reference, the organization and the operation of the Committee; and
(c) the Committee will make efforts to adopt the recommendations by consensus. If all efforts in this direction are exhausted without reaching a consensus, such recommendations will be, as a last resort, adopted by majority vote of two-thirds of the members present and voting.
7. The Conference of the Parties, at its third meeting, will assess the need for continuity of the procedures contained in Art. 3º, subparagraph 2 (b), inclusive of considerations of its effectiveness.
8. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State that is not Party to this Convention, will be able to make themselves represented at meetings of the Conference of the Parties as observers. Any body or agency shall be national or international, governmental or non-governmental, qualified in the matters covered by the Convention and who has informed the Secretariat about its desire to make itself represented at a meeting of the Conference of the Parties as an observer, it may do so, unless at least one third of the Parties object. The admission and participation of observers shall be subject to the rules of procedure adopted by the Conference of the Parties.
Article 20
Secretariat
1. A Secretariat shall be instituted.
2. The functions of the Secretariat shall be:
(a) organize the meetings of the Conference of the Parties and their subsidiary bodies and prestarize them services that request;
(b) facilitate, upon request, the assistance to be provided to the Parties, particularly to the developing Parties and the Parties with economies in transition, in the implementation of this Convention;
(c) ensure the necessary coordination with the secretariats of other relevant international bodies;
(d) prepare and make available to the Parties periodic reports, based on the information received, in accordance with Art. 15, and other relevant information;
(e) celebrate, under the general orientation of the Conference of the Parties, the administrative and contractual arrangements necessary for the effective performance of their functions; and,
(f) to perform the remaining secretarial functions specified in this Convention, as well as other functions that come to be determined by the Conference of the Parts.
3. The functions of the Secretariat of this Convention shall be performed by the Executive Director of the United Nations Environment Programme, unless the Conference of the Parties decides, by a majority of three quarters of the Parties present and voting, assign the functions of Secretariat to another or other international organizations.
Article 21
Emendas to the Convention
1. Any of the Parties may propose amendments to this Convention.
2. The amendments to this Convention will be adopted at a meeting of the Conference of the Parties. The text of every proposed amendment is to be communicated to the Parties by the Secretariat at the earliest six months prior to the holding of the meeting in which the amendment will be proposed for adoption. The Secretariat should also communicate proposed amendments to the signatories of this Convention and, for information, to the Depositary.
3. The Parties shall make every effort necessary to reach an agreement by consensus with respect to any proposal for an amendment to this Convention. If all efforts in this direction are exhausted without reaching a consensus, the amendments will be, as a last resort, adopted by a majority vote of three-quarters of the Parties present and voting.
4. The Depositary shall communicate the amendment to all Parties for the purposes of ratification, acceptance or approval.
5. The Depositary will be informed, in writing, about the ratification, acceptance or approval of an amendment. An amendment adopted in accordance with paragraph 3 shall enter into force for the Parties which accept it on the ninth day after the date of deposit of instruments of ratification, acceptance or approval by at least three quarters of the Parties. Hereafter, the amendment will enter into force for any other Party on the 9th day after the date on which the Party deposits its instrument of ratification, acceptance or approval of the amendment.
Article 22
Adoption and Emendas of the Attachments
1. The Annexes to this Convention shall constitute an integral part of it and, unless expressly otherwise arranged, any reference to this Convention constitutes at the same time a reference to any of its Annexes.
2. Any additional attachment will be limited to scientific, technical, administrative, or procedural issues.
3. The following procedure shall apply to the proposition, adoption and entry into force of the additional Annexes to this Convention:
(a) additional attachments should be proposed and adopted in accordance with the procedure set out in Art. 21, paragraphs 1, 2, and 3;
(b) any impossibilited Party to accept an additional attachment should inform in writing to the Depositary in that respect, within a period of one year from the date of the communication of the adoption of the additional annex by the Depositary. The Depositary shall notify all Parties, as soon as possible, on any notification of such received nature. Any Party may, at any time, cancel a prior notification of non-acceptance of any additional Annex, and, in due process, the Annex shall enter into force for that Party, observed the provisions of sub-paragraph (c); and,
(c) at the end of the one-year deadline, from the date of the communication by the Depositary of the adoption of an additional attachment, the Annex shall enter into force for all Parties that have not submitted a notification in accordance with the provisions of sub-paragraph (b).
4. The proposal, adoption and entry into force of amendments to Annex A, B or C, will be subject to the same procedures laid down for the proposal, adoption and entry into force of the additional Annexes to this Convention, with the exception that an amendment to Annex A, B or C shall not enter into force for any Party that has formulated a declaration with respect to the amendment of these Annexes, in accordance with Art. 25, paragraph 4; in that case any such amendment shall enter into force for such Party on the nineteenth day after the deposit date attached to the Depository of its instrument of ratification, acceptance, approval or accession with respect to such amendment.
5. The following procedure will be adopted for the proposition, adoption and entry into force of amendments to Annex D, E or F:
(a) the amendments are to be proposed in accordance with the procedures set out in Art. 21, paragraphs 1 and 2;
(b) the Parties will decide by consensus with respect to any amendment to Annex D, E or F; and,
(c) a decision to introduce amendments to Annex D, E or F will be immediately communicated to the Parties by the Depositary. The amendment will enter into force for all Parties on date to be specified in the decision.
6. If an additional annex or an amendment to an annex has any relation to an amendment to this Convention, the additional Annex or the amendment shall not enter into force until the amendment to the Convention enters into force.
Article 23
Voting right
1. Each Party to this Convention shall be entitled to a vote, except in the cases provided for in paragraph 2.
2. A regional economic integration organization shall exercise, in matters of its competence, its right to vote with a number of votes equivalent to the number of its Member States that are Parties to this Convention. An organization of that nature will not exercise its right to vote if any of its member states exercise its right to vote, and vice versa.
Article 24
Signature
This Convention will be open for signature in Stockholm by states and regional economic integration organizations on May 23, 2001 and at the United Nations Seat in New York from May 24, 2001 to May 22, 2002.
Article 25
Ratification, Acceptance, Approval or Accession
1. This Convention shall be subject to ratification, acceptance or approval by States and regional economic integration organizations. It will be opened for membership by states and regional economic integration organizations the day after the date on which it is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
2. Any regional economic integration organization that comes to become a Party to this Convention without any of its Member States being Part of it shall observe all the obligations provided for in this Convention. In the case of such organizations, if one or more Member States is Part of this Convention, the organization and its Member States shall decide their respective responsibilities for the performance of their obligations under this Convention. In such cases, the organization and the Member States will not be able to exercise rights under this Convention simultaneously.
3. In its instrument of ratification, acceptance, approval or accession, the regional economic integration organization shall declare the extent of its competence regarding the matters governed by this Convention. Any organization of that nature should also inform the Depositary about any relevant modification to the extent of its competence and this, in turn, shall transmit this information to the Parties.
4. In its instrument of ratification, acceptance, approval or accession a Party may declare that, with respect to it, every amendment to Annex A, B or C shall enter into force only with the deposit of an instrument of ratification, acceptance, approval or accession with relation to such an amendment.
Article 26
Input in Vigor
1. This Convention shall enter into force on the nineteenth day after the date of the deposit of the fifty instrument of ratification, acceptance, approval or accession.
2. For each state or regional economic integration organization that ratifies, accepting or approving this Convention, or to it accede to after the deposit of the fifty instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the nineteenth day after the date of deposit, by the said State or regional economic integration organization, of its instrument of ratification, acceptance, approval or accession.
3. For the purposes of paragraphs 1 and 2, any instrument deposited by a regional economic integration organization shall not be considered additional to those deposited by the Member States of that organization.
Article 27
Reserves
No reservations can be made to this Convention.
Article 28
Denpronunciation
1. At any time after a period of three years from the date of entry into force of this Convention for a Party, the same may denounce the Convention by submitting notification in this direction in writing to the Depositary.
2. Any denunciation will take effect at the end of the period of one year from the date of receipt, by the Depositary, of the notification of denunciation, or at a later date, if it is specified in the notification of denunciation.
Article 29
Depositary
The Secretary-General of the United Nations will be the Depositary of this Convention.
Article 30
Authentic Texts
The original of this Convention, whose versions in Arabic, Chinese, English, French, Russian and Spanish are similarly authentic, will be deposited with the Secretary-General of the United Nations.
IN TESTIMONY TO WHICH the signatories, duly authorized for this, have signed the present Convention.
Made in Stockholm, at the twenties and two days of the month of May two thousand and one.
