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1196 OF 2008
(June 5)
Official Journal No. 47,011 of June 5, 2008
CONGRESS OF THE REPUBLIC
By means of which the "Stockholm Convention on Persistent Organic Pollutants", made in Stockholm on 22 May 2001, is adopted, "Correction to Article 1 of the original text in Spanish", 21 February 2003, and 'Annex G to the Stockholm Convention' of 6 May 2005.
COLOMBIA CONGRESS
Having regard to the text of the "Convention on Persistent Organic Pollutants", made in Stockholm on 22 May 2001, the " Correction to Article 1 of the original text in ", of 21 February 2003, and the " Annex G to the Stockholm Convention ", of 6 May 2005, which reads:
(To be transferred: photocopy of the full text of the International Instrument mentioned).
STOCKHOLM CONVENTION ON
PERSISTENT ORGANIC POLLUTANTS
The Parties to this Convention,
Acknowledging that persistent organic pollutants have toxic properties, are resistant to degradation, bioaccumulate and are transported by air, water and migratory species through international borders and deposited away from the site of their release, accumulating in terrestrial and aquatic ecosystems,
Aware of health problems, especially in developing countries, resulting from local exposure to persistent organic pollutants, in particular the effects on women and, through them, on future generations,
Recognizing that ecosystems, and indigenous Arctic communities are especially threatened due to the biomagnification of persistent organic pollutants and that the contamination of their traditional foods is a public health issue,
Aware of the need to take global action on persistent organic pollutants,
Taking into account Decision 19/13 C of 7 February 1997 of the Management Board of the United Nations Environment Programme to initiate international activities to protect human health and the environment with measures to reduce and/or eliminate emissions and discharges of persistent organic pollutants,
Remembering the relevant provisions of the relevant international conventions on the environment, in particular the Rotterdam Convention for the application of the prior informed consent procedure to certain pesticides and dangerous chemicals subject to international trade and the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, including regional agreements drawn up in the frame of your article 11,
Remembering also the relevant provisions of the Rio Declaration on Environment and Development and Agenda 21,
Recognizing that the idea of caution is the foundation of the concerns of all Parties and is substantially incorporated into this Convention,
Recognizing that this Convention and other international agreements in the sphere of trade and the environment support each other,
reaffirming that States, in accordance with the Charter of the United Nations and the principles of international law, have the sovereign right to exploit their own resources in accordance with their own policies in environmental and development issues, as well as the responsibility to ensure that activities under its jurisdiction or control do not cause damage to the environment of other States or areas beyond the limits of the national jurisdiction,
Taking into account the circumstances and the special needs of developing countries, particularly those in the least developed countries, and countries with economies in transition, in particular the need for strengthen their national capacity for the management of chemicals, including through the transfer of technology, the provision of financial and technical assistance and the promotion of cooperation between the Parties,
Taking full account of the Action Programme for the Sustainable Development of Small Island Developing States, approved in Barbados on 6 May 1994,
Taking note of the respective capabilities of the developed and developing countries, as well as the common but differentiated responsibilities of the States in accordance with what is recognized in principle 7 of the Rio Declaration on Environment and Development,
Recognizing the important contribution that the private sector and non-governmental organizations can make to achieve the reduction and/or elimination of emissions and discharges of organic pollutants persistent,
Underscoring the importance of persistent organic pollutant manufacturers taking responsibility for reducing the adverse effects caused by their products and providing information to users, governments and the public on the dangerous properties of these chemicals,
Aware of the need for measures to prevent adverse effects caused by persistent organic pollutants in all states of their life cycle,
reaffirming principle 16 of the Rio Declaration on the Environment and Development that national authorities should seek to encourage the internalization of environmental costs and the use of economic instruments, taking into account the criterion that the polluter should, in principle, bear the costs of pollution, taking due account of the public interest and without distorting trade and investment international,
Encouraging Parties that do not have regulatory and evaluation systems for pesticides and industrial chemicals to develop these systems,
Recognizing the importance of conceiving and employing alternative processes and environmentally sound substitute chemicals,
Resolved to protect human health and the environment from the harmful effects of persistent organic pollutants,
You have agreed to the following:
Taking into account the precautionary principle enshrined in principle 15 of the Rio Declaration on the Environment and Development, the objective of this Convention is to protect human health and the environment from pollutants persistent organic.
For the purposes of this Convention:
(a) By "Party" means a State or regional economic integration organization that has consented to the obligations laid down in this Convention and in which the Convention is in force;
(b) 'regional economic integration organisation' means an organisation constituted by sovereign States of a given region to which the States have surrendered their competence in respect of matters governed by this Convention; and it has been duly empowered, in accordance with its internal procedures, to sign, ratify, accept or approve this Convention or to accede to it;
c) By "Parties present and voters" means Parties that are present and cast an affirmative or negative vote.
ARTICLE 3. MEASURES TO REDUCE OR ELIMINATE RELEASES DERIVED FROM INTENTIONAL PRODUCTION AND USE
1. Each Party:
(a) Prohibit and/or take the necessary legal and administrative measures to remove:
i) Your production and use of the chemicals listed in Annex A subject to the provisions set out in that Annex; and
(ii) Your imports and exports of the chemicals listed in Annex A in accordance with the provisions of paragraph 2, and
(b) Restrict their production and use of the chemicals listed in Annex B in accordance with the provisions of that Annex.
2. Each Party shall take measures to ensure that:
(a) A chemical listed in Annex A or Annex B, is only imported:
i) For the purposes of their environmentally sound disposal in accordance with the provisions of paragraph 1 (d) of Article 6; or
(ii) For a purpose or use permitted for that Party pursuant to Annex A or Annex B;
(b) A chemical listed in Annex A, in respect of which a specific exemption for production or use is in force, or a chemical listed in Annex B, for which a specific exemption is in force for the production or use for an acceptable purpose, taking into account the provisions of the existing international instruments of prior informed consent, only be exported:
i) For the purposes of their environmentally sound disposal in accordance with the provisions of paragraph 1 (d) of Article 6;
(ii) A Party that has the authority to use that chemical under Annex A or Annex B; or
(iii) A State which is not a Party to this Convention, which has granted an annual certification to the exporting Party. That certification shall specify the intended use and shall include a declaration that, in respect of that chemical, the importing State commits to:
a) Protecting human health and the environment by taking the necessary steps to reduce to a minimum or avoid releases;
b) Meet the provisions of paragraph 1 of article 6; and
(c) Where applicable, comply with paragraph 2 of Part II of Annex B.
The certification will also include all appropriate supporting documentation, such as legislation, regulatory instruments or administrative or policy guidelines. The exporting Party shall transmit the certification to the Secretariat within 60 days of its receipt.
(c) A chemical listed in Annex A, in respect of which specific exemptions for production and use have ceased to be effective for either Party, is not exported by that Party, except for disposal. environmentally sound, as provided for in paragraph 1 (d) of Article 6;
(d) For the purposes of this paragraph, the term "State which is not a Party to this Convention" shall include, in respect of a particular chemical, a State or regional economic integration organisation which has not consented to submit to the obligations laid down in the Convention in respect of that chemical.
3. Each Party having one or more systems for the regulation and evaluation of new pesticides or new industrial chemicals shall take measures to regulate, in order to prevent them, the production and use of new pesticides or new industrial chemicals which, having regard to the criteria of paragraph 1 of Annex D, have the characteristics of persistent organic pollutants.
4. Each Party having one or more systems for the regulation and evaluation of pesticides or industrial chemicals shall take into consideration within those systems, where appropriate, the criteria of paragraph 1 of Annex D at the time of the carry out assessments of the pesticides or industrial chemicals currently in use.
5. Unless otherwise provided in this Convention, paragraphs 1 and 2 shall not apply to the quantities of a chemical intended to be used for laboratory scale research or as a reference standard.
6. Any Party having a specific derogation in accordance with Annex A, or an acceptable purpose in accordance with Annex B, shall take appropriate measures to ensure that any production or use corresponding to that exemption or purpose is carried out in such a way as to prevent or minimise human exposure and release into the environment. As regards the exempt uses or acceptable purposes which include the deliberate release into the environment under normal conditions of use, such release must be the minimum necessary, taking into account the rules and applicable guidelines.
ARTICLE 4. RECORD OF SPECIFIC EXEMPTIONS
1. A Register is established under this Convention to individualise Parties enjoying specific exemptions listed in Annex A or Annex B. The Parties shall not be identified in the Register to make use of the provisions of this Convention. Annex A or Annex B which may be invoked by all Parties. The Secretariat shall keep that Register and make it available to the public.
2. The Register shall include:
(a) A list of the types of specific exemptions taken from Annex A and Annex B;
(b) A list of Parties enjoying a specific exemption included in Annex A or Annex B; and
c) A list of the expiration dates for each of the specific exemptions recorded.
3. When becoming a Party, any State may, by means of written notification addressed to the Secretariat, register for one or more types of specific exemptions listed in Annex A or
B.4. Unless a Party indicates an earlier date in the Register, or an extension is granted in accordance with paragraph 7, all registrations of specific exemptions shall expire five years after the date of entry into force of this Convention. with respect to a particular chemical.
5. At its first meeting, the Conference of the Parties shall take a decision on its process of examining the entries in the Register.
6. Prior to the examination of an entry in the Register, the Party concerned shall submit a report to the Secretariat in which it shall justify the need for such exemption to continue to be registered. The Secretariat shall distribute the report to all Parties. The examination of an inscription will be carried out on the basis of all available information. With this background, the Conference of the Parties may make any recommendations it deems appropriate to the Party concerned.
7. The Conference of the Parties may, at the request of the Party concerned, decide to extend the date of expiry of a specific exemption for a period of up to five years. In taking its decision, the Conference of the Parties shall take due account of the special circumstances of the Parties that are developing countries and of the Parties that are economies in transition.
8. A Party may, at any time, withdraw from the Register the registration of a specific exemption by written notification to the Secretariat. The withdrawal will take effect on the date specified in the notification.
9. Where there is no longer any Party registered for a particular type of specific exemption, no new entries may be made with respect to that type of exemption.
ARTICLE 5. MEASURES TO REDUCE OR ELIMINATE RELEASES ARISING FROM UNINTENTIONAL PRODUCTION
Each Party shall adopt at least the following measures to reduce total releases from anthropogenic sources of each of the chemicals listed in Annex C, with the aim of continuing to reduce them to a minimum and, in cases where it is viable, remove them definitively:
(a) Elaborate within two years of the entry into force of this Convention for that Party, and shall subsequently apply, an action plan or, where appropriate, a regional or sub-regional action plan as part of the implementation plan. specified in Article 7, which is intended to identify, characterise and combat the releases of the chemicals listed in Annex C and to facilitate the application of paragraphs (b) to (e). The following items are included in the action plan:
i) An assessment of current and projected releases, including the preparation and maintenance of inventory of sources and estimates of releases, taking into consideration the categories of sources listed in Annex C;
ii) An assessment of the effectiveness of the laws and policies of the Party regarding the handling of such releases;
(iii) Strategies to fulfil the obligations laid down in this paragraph, taking into account the assessments referred to in points (i) and (ii)
iv) Measures to promote education, training and awareness-raising on these strategies;
v) A five-year review of the strategies and their success in meeting the obligations laid down in this paragraph; such examinations shall be included in reports submitted in accordance with Article 15; and
vi) A timetable for the implementation of the action plan, including the strategies and measures outlined in that plan;
b) Promote the implementation of the available, viable and practical measures that will enable a realistic and significant degree of reduction in releases or disposal of sources to be achieved quickly;
(c) Promote development and, where appropriate, require the use of replacement or modified materials, products and processes to prevent the formation and release of chemicals listed in Annex C, taking into account the general guidelines on measures for the prevention and reduction of releases set out in Annex C and the guidelines to be adopted by decision of the Conference of the Parties;
d) Promote and, in accordance with the timetable for implementing its action plan, require the use of the best available techniques with respect to new sources within the categories of sources that a Party has determined justify such measures in accordance with their action plan, focusing in particular on a principle in the categories of sources listed in Part II of Annex C. In any case, the requirement to use the best available techniques with with regard to the new sources of the categories included in the list in Part II of that Annex, shall be adopted gradually as soon as possible, but not later than four years after the entry into force of the Convention for that Party. With respect to identified categories, the Parties shall promote the use of best environmental practices. When applying the best available techniques and best environmental practices, the Parties shall take into account the general guidelines on measures for the prevention and reduction of the releases set out in that Annex and the guidelines on best available techniques and best environmental practices to be adopted by decision of the Conference of the Parties;
e) Promote, in accordance with its action plan, the use of best available techniques and best environmental practices:
i) With respect to existing sources within the categories of sources included in Part II of Annex C and within the categories of sources as listed in Part III of that Annex; and
(ii) With respect to new sources, within categories of sources such as those listed in Part III of Annex C to which a Party has not referred in the framework of paragraph (d).
By applying the best available techniques and best environmental practices, the Parties shall take into account the general guidelines on measures for the prevention and reduction of releases set out in Annex C and the guidelines on best available techniques and best environmental practices to be adopted by decision of the Conference of the Parties;
(f) For the purposes of this paragraph and of Annex C:
(i) 'best available techniques' means the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of specific techniques to provide in principle the basis of the limitation of releases to prevent and, where not feasible, to reduce in general the releases of the chemicals listed in Part I of Annex C and their effects on the environment as a whole. In this respect:
ii) "Techniques" includes both the technology used and the way the facility is designed, built, maintained, operated and dismantled;
(iii) "Available" are those techniques which are accessible to the operator and which have been developed on a scale enabling their application in the relevant industrial sector under economically and technically feasible conditions, taking into account costs and benefits; and
iv) By "better" is understood to be more effective in achieving a high overall degree of environmental protection as a whole;
v) "Best environmental practices" means the application of the most appropriate combination of environmental control measures and strategies;
vi) By "new source" means any source whose construction or substantial modification has begun at least one year after the date of:
a) Entry into force of this Convention for the Party concerned; or
(b) Entry into force for the interested Party of an amendment to Annex C under which the source is subject to the provisions of this Convention exclusively under that amendment.
g) A Party may use release limit values or behavior guidelines to fulfill its commitments to apply best available techniques under this paragraph.
ARTICLE 6. MEASURES TO REDUCE OR ELIMINATE RELEASES FROM STOCKS AND WASTES
1. In order to ensure that stocks consisting of chemicals listed in Annex A or Annex B, or containing those chemicals, as well as wastes, including products and articles when they are converted into waste, consisting of a chemical listed in Annex A, B or C or containing or contaminated with that chemical, are managed in such a way as to protect human health and the environment, each Party:
a) Develop appropriate strategies to determine:
i) Stocks consisting of chemicals listed in Annex A or Annex B, or containing those chemicals; and
(ii) Products and articles in use, as well as waste, consisting of a chemical listed in Annex A, B, or C, containing or contaminated with the chemical.
(b) Determinate, as far as possible, stocks consisting of chemicals listed in Annex A or Annex B, or containing those chemicals, on the basis of the strategies referred to in paragraph 1. a);
(c) Manage, where appropriate, stocks in a safe, efficient and environmentally sound manner. Stocks of chemicals listed in Annex A or Annex B, where they are no longer permitted to be used by virtue of a specific exemption provided for in Annex A or a specific exemption or acceptable purpose as set out in Annex B, the exception of stocks whose export is authorised in accordance with paragraph 2 of Article 3, shall be considered as waste and shall be managed in accordance with paragraph (d);
(d) Take appropriate measures to ensure that such wastes, including products and articles, when they become waste:
i) Are managed, collected, transported and stored in an environmentally sound manner;
(ii) are disposed of in such a way that the content of the persistent organic pollutant is destroyed or irreversibly transformed in such a way that they do not present the characteristics of the persistent organic pollutant or, if not, are removed in an environmentally sound manner where the destruction or irreversible transformation does not represent the preferred option from the point of view of the environment or its persistent organic pollutant content is low, taking into account the rules, rules, and international guidelines, including those which may be drawn up in accordance with Paragraph 2, and the relevant global and regional regimes governing the management of hazardous wastes;
(iii) Not authorised to be the subject of disposal operations that may result in the recovery, recycling, regeneration, direct reuse or alternative uses of persistent organic pollutants; and
iv) Do not be transported across international borders without regard to international rules, standards and guidelines;
e) shall endeavour to develop appropriate strategies to identify sites contaminated with chemicals listed in Annex A, B or C; and in the event of the reorganisation of such sites, this shall be carried out in a manner environmentally sound.
2. The Conference of the Parties shall cooperate closely with the relevant bodies of the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal for, inter alia:
(a) Set levels of irreversible destruction and transformation necessary to ensure that the characteristics of persistent organic pollutants as specified in paragraph 1 of Annex D are not exhibited;
b) Determine methods that constitute the environmentally sound disposal referred to above; and
(c) Adopt measures to establish, where appropriate, the concentration levels of the chemicals listed in Annexes A, B and C to define the low content of the persistent organic pollutant referred to in point (ii) (d) of paragraph 1.
ARTICLE 7. APPLICATION PLANES.
1. Each Party:
(a) Develop a plan for the fulfilment of its obligations arising out of this Convention and shall endeavour to implement it;
(b) shall transmit its implementation plan to the Conference of the Parties within two years from the date of entry into force of this Convention for that Party; and
(c) Review and update, as appropriate, its implementation plan at regular intervals and in such a way as to determine a decision of the Conference of the Parties.
2. The Parties shall, where appropriate, cooperate directly or through global, regional or sub-regional organisations, and consult national stakeholders, including women's groups and groups dealing with the health of the children, in order to facilitate the development, implementation and updating of their implementation plans.
3. The Parties shall endeavour to use and, where necessary, establish the means to incorporate the national implementation plans for persistent organic pollutants into their sustainable development strategies where appropriate. appropriate.
ARTICLE 8. INCLUSION OF CHEMICALS IN ANNEXES A, B AND C.
1. Either Party may submit to the Secretariat a proposal for the inclusion of a chemical in Annexes A, B and/or C. Such a proposal shall include the information specified in Annex D. When submitting a proposal, a Party may receive assistance from other Parties and/or the Secretariat.
2. The Secretariat shall verify that the proposal includes the information specified in Annex D. If the Secretariat considers that the proposal contains such information, it shall forward the proposal to the Persistent Organic Pollutants Review Committee.
3. The Committee shall examine the proposal and apply the selection criteria specified in Annex D in a flexible and transparent manner, taking into account all information provided in an inclusive and balanced manner.
4. If the Committee decides that:
(a) The selection criteria have been met, shall forward, through the secretariat, the proposal and the evaluation of the Committee to all Parties and observers and invite them to submit the information set out in Annex E; or
(b) The selection criteria have not been met, shall communicate it, through the secretariat, to all Parties and observers and shall forward the proposal and the evaluation of the Committee to all Parties, thereby dismissing the proposal.
5. Any Party may resubmit to the Committee a proposal which the Committee has rejected in accordance with paragraph 4. The new presentation may include all the arguments of the Party, as well as the justification for re-examination by the Committee. If, after applying this procedure, the Committee rejects the proposal again, the Party may challenge the decision of the Committee and the Conference of the Parties shall examine the matter at its next session. The Conference of the Parties may decide to take action on the proposal, on the basis of the selection criteria specified in Annex D and taking into account the evaluation carried out by the Committee and any additional information which provide the Parties or observers.
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 will be followed, the Committee will examine the proposal again, taking into account any new proposals. relevant information received, and prepare a draft risk profile in accordance with Annex E. The Committee, through the Secretariat shall make the draft available to all Parties and observers, shall compile the technical observations that they formulate and, taking account of those comments, will finish the risk profile.
7. If, on the basis of the risk profile prepared in accordance with Annex E, the Committee decides that:
(a) It is likely that the chemical, as a result of its long-range environmental transport, may have adverse effects on human health and/or the environment in such a way as to justify the adoption of measures at global level, the proposal will be followed. The lack of full scientific certainty will not prevent the proposal from being carried out. The Committee, through the secretariat, shall invite all Parties and observers to submit information in relation to the considerations specified in Annex F. The Committee shall then prepare an assessment of the risk management which the Committee shall draw up. include an analysis of the possible control measures relating to the chemical in accordance with the Annex; or
(b) The proposal should not be successful, it shall forward the risk profile to all Parties and observers through the Secretariat and shall reject the proposal.
8. With regard to a proposal which is rejected in accordance with paragraph 7 (b), any Party may request the Conference of the Parties to consider giving instructions to the Committee to invite the proposing Party and the other Parties to submit supplementary information within a period not exceeding one year. After that deadline and on the basis of the information received, the Committee shall review the proposal in accordance with paragraph 6 again with the priority assigned to it by the Conference of the Parties. If, after applying this procedure, the Committee rejects the proposal again, the Party may challenge the decision of the Committee and the Conference of the Parties shall examine the matter at its next session. The Conference of the Parties may decide to take action on the proposal, on the basis of the risk profile prepared in accordance with Annex E and taking into account the evaluation carried out by the Committee, as well as any information supplementary to be provided by the Parties or observers. If the Conference of the Parties considers that the proposal should continue, the Committee shall prepare the assessment of risk management.
9. 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, the Committee shall recommend to the Conference of the Parties whether to consider the risk management. The possibility of including the chemical in Annexes A, B and/or C. The Conference of the Parties shall, by way of prevention, adopt a decision on whether or not to include the chemical in Annexes A, B and/or C, specifying the related control, taking due account of the recommendations of the Committee, including any scientific uncertainty.
ARTICLE 9. INTERCHANGE OF INFORMATION.
1. Each Party shall facilitate or carry out the exchange of information in relation to:
a) The reduction or elimination of the production, use and release of persistent organic pollutants; and
b) Alternatives to persistent organic pollutants, including information related to their hazards and their economic and social costs.
2. The Parties shall exchange the information referred to in paragraph 1 directly or through the Secretariat.
3. Each Party shall designate a national coordination centre for the exchange of such information.
4. The Secretariat shall provide services as a mechanism for the exchange of information on persistent organic pollutants, including information provided by the Parties, intergovernmental organisations and non-governmental organisations. government.
5. For the purposes of this Convention, information on human health and safety and the environment shall not be considered as confidential. Parties that exchange other information in accordance with this Convention shall protect all confidential information in the manner mutually appropriate.
ARTICLE 10. INFORMATION, AWARENESS AND TRAINING OF THE PUBLIC
1. Each Party shall, within its capacity, promote and facilitate:
a) Awareness of policy makers and decision-makers on persistent organic pollutants;
b) Communication to the public of all available information on persistent organic pollutants, taking into account the provisions of paragraph 5 of Article 9;
(c) The development and implementation of training and awareness-raising programmes for the public, especially for women, children and the least educated, on persistent organic pollutants, as well as their effects on the environment. health and the environment and its alternatives;
d) The participation of the public in the treatment of the issue of persistent organic pollutants and their effects on health and the environment and in the development of appropriate responses, including the possibility of making contributions at the level of national on the application of this Convention;
e) Training of workers and scientific, teaching, technical and managerial staff;
f) The development and exchange of training materials and public awareness at national and international levels; and
g) The elaboration and implementation of education and training programs at national and international levels.
2. Each Party shall, within its capacity, ensure that the public has access to the public information referred to in paragraph 1 and that this information is kept up to date.
3. Each Party shall, within its capacity, encourage industry and professional users to promote and facilitate the provision of information referred to in paragraph 1 at national level and, as appropriate, at sub-regional levels, regional and global.
4. By providing information on persistent organic pollutants and their alternatives, the Parties may use safety data sheets, reports, broadcast media and other means of communication, and may set up information centres at national and regional levels.
5. Each Party shall consider with good disposition the possibility of devising mechanisms, such as release and transfer records, for the meeting and dissemination of information on estimates of the annual quantities of chemicals. included in Annexes A, B, or C that are released or removed.
ARTICLE 11. RESEARCH, DEVELOPMENT AND SURVEILLANCE
1. The Parties shall, within their capacities, encourage and/or carry out appropriate research, development, surveillance and cooperation activities at national and international levels with respect to persistent organic pollutants and, where appropriate, where appropriate, with respect to their alternatives and potential persistent organic pollutants, including the following:
a) Sources and releases in the environment;
b) Presence, levels and trends in people and the environment;
c) Transport, final destination and environmental transformation;
d) Effects on human health and the environment;
e) Socio-economic and cultural effects;
f) Reduction and/or elimination of their releases; and
g) Harmonised methodologies for the inventory of generating sources and analytical techniques for the measurement of emissions.
2. When taking action pursuant to paragraph 1, the Parties, within their capabilities:
(a) Support and continue to develop, as appropriate, programmes, networks, and international organisations aiming to define, perform, evaluate and finance research, data compilation and surveillance activities, taking into account the need to minimize duplication of effort;
b) Support national and international efforts to strengthen national scientific and technical research capacity, especially in developing countries and countries with economies in transition, and to promote access to and exchange of data and analysis;
(c) Take into account the problems and needs, especially in the field of financial and technical resources, of developing countries and countries with economies in transition and will cooperate in improving their capacities to participate in the efforts referred to in paragraphs (a) and (b);
(d) undertake research work to mitigate the effects of persistent organic pollutants on reproductive health;
e) shall make publicly available in a timely and regular manner the results of the research and development and surveillance activities referred to in this paragraph; and
(f) Alentaran and/or conduct cooperation activities with regard to the storage and maintenance of information derived from research, development and surveillance.
ARTICLE 12. TECHNICAL ASSISTANCE
1. The Parties recognise that the provision of timely and appropriate technical assistance in response to requests from Parties that are developing countries and Parties that are countries with economies in transition is essential for the effective implementation of the Present Convention.
2. The Parties shall cooperate to provide appropriate and appropriate technical assistance to the Parties that are developing countries and to the Parties that are countries with economies in transition to assist them, taking into account their special needs, to develop and strengthen their capacity to comply with the obligations laid down by this Convention.
3. In this respect, the technical assistance provided by the Parties which are developed countries and other Parties, in accordance with their capacity, shall include, as appropriate and in the mutually agreed form, technical assistance for capacity building in relation to compliance with the obligations arising out of this Convention. The Conference of the Parties shall provide further guidance in this respect.
4. The Parties shall, where appropriate, arrange arrangements in order to provide technical assistance and promote the transfer of technologies to the Parties that are developing countries and to the Parties with economies in transition in relation to the implementation. of this Convention. These arrangements will include regional and sub-regional centres for capacity building and technology transfer with a view to assisting developing countries and Parties with economies in transition to meet their obligations. emanating from this Convention. The Conference of the Parties shall provide further guidance in this respect.
5. In the context of this Article, the Parties shall take full account of the specific needs and the special situation of the least developed countries and of small island developing States when taking action with regard to the technical assistance.
ARTICLE 13. FINANCIAL MECHANISMS AND RESOURCES
1. Each Party undertakes, within its capabilities, to provide financial support and to provide incentives for national activities aimed at achieving the objective of this Convention in accordance with its plans, priorities and programmes. national.
2. The Parties that are developed countries will provide additional and additional financial resources to enable the Parties that are developing countries, and the Parties that are countries with economies in transition, to be able to cover the total agreed upon. the incremental costs of the implementing measures, in compliance with their obligations under this Convention, agreed between a receiving Party and an entity participating in the mechanism described in paragraph 6. Other Parties may also provide such financial resources on a voluntary basis and in accordance with their capabilities. Contributions from other sources should also be encouraged. The implementation of these commitments shall take into account the need for sufficient, predictable and timely funding of the flow of funds and the importance of ensuring that financial responsibility is properly shared between the contributing Parties.
3. The Parties which are developed countries, and other Parties according to their capabilities and in accordance with their national plans, priorities and programmes, may also provide financial resources to assist in the implementation of this Convention. Other bilateral, regional and multilateral sources or channels, and Parties that are developing countries and Parties with economies in transition will be able to take advantage of these resources.
4. The extent to which the Parties which are developing countries effectively fulfil the commitments entered into under this Convention will depend on the effective fulfilment of the commitments made under this Convention by the Parties. which are developed countries in relation to financial resources, technical assistance and technology transfer. Full account must be taken of the fact that sustainable economic and social development and the eradication of poverty are the primary and absolute priorities of the 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 the special situation of the least developed countries and small island developing countries by taking action on financing.
6. This Convention defines a mechanism for the provision of sufficient and sustainable financial resources to the Parties that are developing countries and to the Parties with economies in transition on the basis of donations or conditions of to help them implement the Convention. The mechanism shall function, as appropriate, under the authority and guidance of the Conference of the Parties and shall be accountable to the Conference of the Parties for the purposes of this Convention. Its operation shall be entrusted to one or more entities, including existing international entities, in accordance with the decision of the Conference of the Parties. The mechanism may also include other entities providing multilateral, regional or bilateral financial and technical assistance. The contributions made to this mechanism shall be complementary to other financial transfers to the Parties that are developing countries and to the Parties with economies in transition, as indicated in paragraph 2 and under it.
7. In accordance with the objectives of this Convention and paragraph 6, the Conference of the Parties shall, at its first meeting, approve the appropriate guidance to be given to the mechanism and shall agree with the entity or entities. participants in the financial mechanism the arrangements necessary for such guidance to take effect. The guidance will cover among other things:
(a) The determination of policy, strategy and programme priorities, as well as clear and detailed criteria and guidelines as to the conditions for access to and use of financial resources, including surveillance and the periodic assessment of such use;
(b) The submission of periodic reports to the Conference of the Parties by the participating entity or entities on the suitability and sustainability of funding for activities related to the implementation of this Convention;
c) The promotion of criteria, mechanisms, and financing arrangements based on multiple sources;
(d) The modalities for the foreseeable and determinable determination of the amount of funds required and available for the implementation of this Convention, bearing in mind that for the gradual elimination of organic pollutants Persistent funding may be required, and the conditions under which such amount will be reviewed periodically; and
e) The modalities for the provision of assistance to the Parties concerned by the assessment of needs, as well as information on sources of available funds and funding schemes in order to facilitate coordination between they.
8. The Conference of the Parties shall examine, at the latest in its second meeting and thereafter on a regular basis, the effectiveness of the mechanism established in accordance with this Article, its capacity to cope with the changing needs of the Parties that are developing countries and Parties with economies in transition, the criteria and guidance referred to in paragraph 7, the amount of financing and the effectiveness of the performance of the institutional entities to which entrusts the administration of the financial mechanism. On the basis of that review, the Conference shall adopt appropriate provisions, if necessary, in order to increase the effectiveness of the mechanism, including by means of recommendations and guidelines with regard to measures to ensure a sufficient and sustainable funding to meet the needs of the Parties.
ARTICLE 14. INTERIM FINANCIAL ARRANGEMENTS.
The institutional structure of the Global Environment Facility, administered in accordance with the Facility for the Establishment of the Global Restructured Environment Facility, will be, on a provisional basis, the main entity in charge of the operations of the financial mechanism referred to in Article 13, in the period extending between the date of entry into force of this Convention and the first meeting of the Conference of the Parties, or until such time as the Conference of the Parties adopts a decision about the institutional structure to be designated in accordance with article 13. The institutional structure of the Global Environment Facility should play this role through the adoption of operational measures specifically related to persistent organic pollutants, taking into account the possibility of that new fixes are needed in this sphere.
1. Each Party shall report to the Conference of the Parties on the measures it has taken to implement the provisions of this Convention and on the effectiveness of those measures for the achievement of the objectives of the Convention.
2. Each Party shall provide the Secretariat with:
(a) Statistical data on the total quantities of their production, import and export of each of the chemicals listed in Annex A and Annex B or a reasonable estimate of such data; and
(b) As far as possible, a list of the States from which each of these substances has been imported and of the States to which each of these substances has been exported.
3. Such reports shall be submitted at regular intervals and in the format to be decided by the Conference of the Parties at their first meeting.
ARTICLE 16. EVALUATING EFFECTIVENESS
1. Where four years have elapsed from the date of entry into force of this Convention, and thereafter periodically at intervals to be determined by the Conference of the Parties, the Conference shall assess the effectiveness of the present Convention. Convention.
2. In order to facilitate such assessment, the Conference of the Parties shall, at its first meeting, initiate arrangements to provide for comparable surveillance data on the presence of the chemicals listed in Annexes A, B and C, as well as on their transport in the environment at regional and global level. Those fixes:
(a) They shall be applied by the Parties at regional level, where appropriate, in accordance with their technical and financial capabilities, using existing surveillance programmes and mechanisms as far as possible and promoting harmonisation of criteria;
(b) They may be supplemented, where necessary, taking into account the differences between regions and their capacities for carrying out surveillance activities; and
(c) Include reports to the Conference of the Parties on the results of surveillance activities of a regional and global nature, at intervals to be established by the Conference of the Parties.
3. The assessment described in paragraph 1 shall be carried out on the basis of available scientific, environmental, technical and economic information, including:
a) Reports and other surveillance data delivered in accordance with paragraph 2;
(b) National reports submitted in accordance with Article 15; and
c) Non-compliance information provided in accordance with the procedures set out in the framework of article 17.
The Conference of the Parties shall, as soon as possible, draw up and approve institutional procedures and mechanisms to determine the non-compliance with the provisions of this Convention and the treatment to be given to Parties that have not compliance with those provisions.
ARTICLE 18. DISPUTE RESOLUTION
1. The Parties shall resolve any dispute between them in relation to the interpretation or application of this Convention by negotiation or other peaceful means of their own choice.
2. When ratifying, accepting or approving this Convention, or by joining it, or at any later time, any Party other than an organization of regional economic integration may declare, by written instrument presented to the Depositary, that, in respect of any dispute concerning the interpretation or application of this Convention, it accepts one or both of the following means of dispute settlement, recognising its binding character in relation to a Party that accepts the same obligation:
(a) Arbitration in accordance with the procedures approved by the Conference of the Parties to an Annex as soon as possible;
b) Submitting the controversy to the decision of the International Court of Justice.
3. The Party which is a regional economic integration organisation may make a similar declaration of effect in relation to the arbitration in accordance with the procedure referred to in paragraph 2 (a).
4. Any statement made pursuant to paragraph 2 or paragraph 3 shall remain in force until it expires in accordance with its own terms or until three months after the deposit has been deposited with the Depositary. written notice of revocation.
5. The expiry of a declaration, a letter of revocation or a new declaration shall in no way affect pending proceedings which are subject to the knowledge of an arbitral tribunal or of the International Court of Justice, unless the Parties to the dispute agree otherwise.
6. If the Parties to a dispute have not accepted the same or any procedure in accordance with paragraph 2, and if they have not been able to settle the dispute within 12 months of the notification from one Party to another that exists between The dispute shall be submitted to a conciliation committee at the request of any of the Parties to the dispute. The conciliation committee shall report with recommendations. The other procedures relating to the conciliation committee shall be included in an annex to be adopted by the Conference of the Parties at the latest at their second meeting.
ARTICLE 19. CONFERENCE OF THE PARTIES
1. A Conference of the Parties is hereby established.
2. The Executive Director of the United Nations Environment Programme shall convene the first meeting of the Conference of the Parties to be held no later than one year after the entry into force of this Convention. Regular meetings of the Conference of the Parties shall be held at regular intervals to be decided by the Conference.
3. The extraordinary meetings of the Conference of the Parties shall be held when the Conference deems it necessary or when any of the Parties so request in writing, provided that at least one third of the Parties support such a request.
4. The Conference of the Parties shall, at its first meeting, adopt, by consensus, its rules of procedure and its financial rules and those of its subsidiary bodies, as well as the financial provisions governing the operation of the secretariat.
5. The Conference of the Parties shall review and evaluate the implementation of this Convention. It shall be responsible for the tasks assigned to it by the Convention and for that purpose:
(a) It shall establish, in accordance with the requirements of paragraph 6, the subsidiary bodies it deems necessary for the implementation of the Convention;
(b) Cooperate, where appropriate, with relevant international organisations and intergovernmental and non-governmental bodies; and
(c) Shall periodically examine any information made available to the Parties in accordance with Article 15, including the study of the effectiveness of the provisions of subparagraph (b) (iii) of the paragraph 2 of article 3;
(d) shall study and take any additional measures deemed necessary for the achievement of the purposes of the Convention.
6. The Conference of the Parties shall, at its first meeting, establish a subsidiary body, which shall be referred to as the Standing Committee for the Examination of Persistent Organic Pollutants, in order to carry out the tasks assigned to it by the present Committee. Convention. In that respect:
(a) Members of the Persistent Organic Pollutants Examination Committee shall be appointed by the Conference of the Parties. The Committee shall be composed of experts in the evaluation or management of chemical products designated by governments. The members of the Committee shall be appointed on the basis of an equitable geographical distribution;
(b) The Conference of the Parties shall take a decision on the mandate, organisation and functioning of the Committee; and
(c) The Committee shall make every effort to approve its recommendations by consensus. If all efforts to achieve consensus have been exhausted, such consensus has not been reached, the recommendation shall be adopted as a last resort by a majority of two-thirds of the members present and voting.
7. The Conference of the Parties shall, at its third meeting, assess the persistence of the need for the procedure provided for in paragraph 2 (b) of Article 3, including the study of its effectiveness.
8. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as States which are not Parties to the Convention, may be represented by observers at meetings of the Conference of the Parties. Any body or body with competence in the fields covered by this Convention, whether national or international, governmental or non-governmental, which has communicated to the Secretariat its wish to be represented at a meeting of the Conference the Parties as an observer may be admitted unless at least one third of the Parties present object to it. The admission and participation of observers shall be governed by the regulation adopted by the Conference of the Parties.
1. A secretariat is hereby established.
2. The functions of the secretariat shall be:
(a) Organize the meetings of the Conference of the Parties and their subsidiary bodies and provide them with the necessary services;
(b) Facilitate the provision of assistance to the Parties, in particular Parties that are developing countries and Parties with economies in transition, upon request, for the implementation of this Convention;
c) Take care of the necessary coordination with the secretariats of other relevant international bodies;
d) Prepare and make available to the Parties periodic reports based on information received pursuant to Article 15 and other available information;
e) Concerting, under the general guidance of the Conference of the Parties, the necessary administrative and contractual arrangements to effectively perform their functions; and
f) Perform the other secretarial functions specified in this Convention and other functions to be determined by the Conference of the Parties.
3. The functions of the Secretariat for this Convention shall be performed by the Executive Director of the United Nations Environment Programme, unless the Conference of the Parties, by a majority of three-quarters of the Parties present and voters, decide to entrust them to another or other international organizations.
ARTICLE 21. AMENDMENTS TO THE CONVENTION.
1. Either Party may propose amendments to this Convention.
2. Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. The text of any amendment to this Convention which is proposed shall be communicated to the Parties by the Secretariat at least six months before the meeting in which it is proposed for approval. The Secretariat shall also communicate the proposed amendments to the signatories to this Convention and to the Depositary for information.
3. The Parties shall make every effort to reach agreement by consensus on any proposal for an amendment to this Convention. Once all efforts to reach a consensus have been exhausted without agreement, the amendment shall be approved, as a last resort, by a majority of three quarters of the Parties present and voting.
4. The Depositary shall communicate the amendment to all Parties for ratification, acceptance or approval.
5. Ratification, acceptance or approval of an amendment shall be notified in writing to the Depositary. The amendment approved in accordance with paragraph 3 shall enter into force for the Parties which have accepted it on the ninetieth day from the date of deposit of the instruments of ratification, acceptance or approval by at least three quarters. of the Parties. From that point forward, the amendment shall enter into force for any other Party on the ninetieth day from the date on which the Party has deposited its instrument of ratification, acceptance or approval of the amendment.
ARTICLE 22. APPROVAL AND AMENDMENT OF THE ANNEXES
1. The Annexes to this Convention shall form an integral part of this Convention and, unless otherwise expressly provided, any reference to this Convention shall at the same time be a reference to each of its Annexes.
2. Any additional Annex shall be limited to procedural, scientific, technical or administrative matters.
3. The following procedure shall apply in respect of the proposal, approval and entry into force of additional Annexes to this Convention:
(a) Additional Annexes shall be proposed and approved in accordance with the procedure set out in paragraphs 1, 2 and 3 of Article 21;
(b) Parties which are unable to accept an additional Annex shall notify the Depositary in writing within one year of the date on which the Depositary has communicated the approval of the Additional Annex. The Depositary shall communicate without delay to all Parties any notification of that type which it has received. A Party may at any time withdraw a notification of non-acceptance which it has previously made in respect of any additional Annex and, in such a case, the Annex shall enter into force in respect of that Party in accordance with paragraph (c); and
(c) When the deadline of one year from the date on which the Depositary has communicated the approval of an additional Annex is met, the Annex shall enter into force for all Parties which have not made a notification in accordance with the provisions of paragraph b).
4. The proposal, the approval and the entry into force of amendments to Annexes A, B or C shall be subject to the same procedures laid down for the proposal, approval and entry into force of the Additional Annexes to the Convention, with the exception of An amendment to Annex A, B or C shall not enter into force for a Party that has made a statement regarding the amendment of those Annexes in accordance with paragraph 4 of Article 25, in that case any amendment of This type shall enter into force in respect of that Party on the ninetieth day from the date of the the deposit held by the Depositary of its instrument of ratification, acceptance, approval or accession with respect to such an amendment.
5. The following procedure shall apply to the proposal, approval and entry into force of the amendments to Annex D, E or F:
(a) The amendments shall be proposed in accordance with the procedure laid down in paragraphs 1 and 2 of Article 21;
(b) Decisions of the Parties with respect to any amendment to Annex D, E or F shall be adopted by consensus; and
(c) The Depositary shall immediately communicate to the Parties any decision to amend Annex D, E or F. The amendment shall enter into force for all Parties on the date specified in the decision.
6. If an additional annex or an amendment to an annex relates to an amendment to this Convention, the additional annex or amendment shall not enter into force until the amendment to the Convention enters into force.
1. Each Party to this Convention shall have one vote, except as provided for in paragraph 2.
2. In the case of their jurisdiction, regional economic integration organisations shall exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to this Convention. Such organisations shall not exercise their right to vote if any of their Member States exercises their right and vice versa.
This Convention shall be open for signature by all States and regional economic integration organisations in Stockholm on 23 May 2001 and at the United Nations Headquarters in New York from 24 May 2001 to 22 May 2001. 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 organisations. The Convention shall be open to the accession of States and regional economic integration organisations from the day following the date on which the deadline for signature of the Convention expires. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
2. Any regional economic integration organisation which becomes a Party to this Convention, without any of its Member States being a Party, shall be bound by all obligations under the Convention. In the case of such organisations, where one or more of its Member States is a Party to this Convention, the organisation and its Member States shall decide on their respective responsibilities in respect of their compliance with their obligations. obligations arising out of the Convention. In such cases, the organisation and the Member States shall not be entitled to exercise the rights provided for in this Convention at the same time.
3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organisations shall declare the scope of their competence in relation to matters governed by this Convention. Those organisations shall also inform the Depositary of any major changes to their area of competence, and shall, in turn, inform the Parties.
4. In its instrument of ratification, acceptance, approval or accession a Party may declare that, with respect to it, an amendment to Annex A, B or C shall only enter into force once it has deposited its instrument of ratification, acceptance, approval or accession in respect of such an amendment.
1. This Convention shall enter into force on the ninetieth day from the date on which the fiftieth instrument of ratification, acceptance, approval or accession has been deposited.
2. With regard to each State or regional economic integration organisation ratifying, accepting or approving this Convention or acceding to it after the fiftieth instrument of ratification, acceptance, approval or approval has been deposited. accession, the Convention shall enter into force on the ninetieth day from the date on which that State or regional economic integration organisation has deposited its instrument of ratification, acceptance, approval or accession.
3. For the purposes of paragraphs 1 and 2, instruments deposited by a regional economic integration organisation shall not be considered to be additional to those deposited by the Member States of that organisation.
No reservations may be made to this Convention.
1. At any time after three years after the date on which this Convention has entered into force for a Party, that Party may withdraw from the Convention by notifying the Depositary in writing.
2. Such withdrawal shall take effect upon completion of one year from the date on which the Depositary has received the notification of the complaint or at the later date indicated in that notification.
The Secretary-General of the United Nations shall be the Depositary of this Convention.
The original of this Convention, whose texts in the Arabic, Chinese, Spanish, French, English, and Russian languages are equally authentic, shall be deposited with the Secretary-General of the United Nations.
IN TESTIMONY OF WHICH, the undersigned, duly authorized to that effect, have signed this Convention.
Made in Stockholm at the twenty-two days of May of the year two thousand one.
REMOVAL.
Part I
| Chemical | Activity | Specific | |
| Aldrin * CAS No: 309-00-2 | Production | None | |
| Ectoparasiticide local Insecticide |
|||
| number: 57-74-9 | Production | The allowed for Parties included in the Registry | |
| Ectoparasiticide local Insecticide Termiticide: Termiticide in buildings and dams Termiticide on roads Additive for plywood adhesives |
|||
| Dieldrin * N °: 60-57-1 | Production | None | |
| In Activities farm | |||
| Endrin *N °: 72-20-8 | Production | None | |
| None | |||
| No: 76-44-8 | Production | None | |
| Termyticide Termiticide in house structures Termiticide (underground) Treatment of wood Underground wiring boxes |
|||
| : 118-74-1 | Production | The allowed for Parties included in the Register | |
| Broker Pesticide solvent Broker on a closed system limited to a site |
|||
| Mirex * CAS No: 2385-85-5 | Production | The allowed for Parties included in the Registry | |
| Termyticide | |||
| No: 8001-35-2 | Production | None | |
| None | |||
| Polychlorinated Biphenyls-(BPC) * | Production | None | |
| Items in Use in accordance with the provisions of Part II of this Annex | |||
Notes:
(i) Unless otherwise provided in this Convention, the quantities of a chemical present as non-intentional trace contaminants in products and articles shall not be considered to be included in this Annex;
(ii) This note shall not be considered as a specific production and use exemption for the purposes of paragraph 2 of Article 3. The quantities of a chemical present as constituents of articles manufactured or already in use before or on the date of entry into force of the obligation in question in respect of that chemical shall not be considered as provided for in this Annex, provided that the Party has notified the Secretariat that a particular type of article is still in use in that Party. The Secretariat shall make such notifications to the public;
(iii) This note, which does not apply to chemicals marked with an asterisk after its name in the column entitled 'Chemical product' in Part I of this Annex, shall not be considered as a specific production exemption. and use for the purposes of paragraph 2 of Article 3. Since significant quantities of the chemical are not expected to reach people and the environment during the production and use of an intermediary in a closed and closed system to a site, a Party, after notifying the chemical The Secretariat may permit the production and use of quantities of a chemical listed in this Annex as an intermediary in a closed system and limited to a site that is chemically transformed into the manufacture of other products chemicals which, taking into account the criteria laid down in Annex D, paragraph 1, do not present characteristics of persistent organic pollutants. This notification shall include information on the total production and use of those chemicals or a reasonable estimate of such data, as well as information on the nature of the closed and limited system process to a site, including the extent of any unintentional contamination of unprocessed traces of the initial material of the persistent organic pollutants in the final product. This procedure shall be applied except where otherwise indicated in this Annex. The Secretariat shall make such notifications known to the Conference of the Parties and to the public. Such production or use shall not be considered as a specific production or use exemption. Such production and use shall cease at the end of a period of ten years unless the Party concerned delivers a new notification to the Secretariat, in which case the period shall be extended for a further 10 years, unless the Conference of the Parties, after studying production and use, decide otherwise. The notification process may be repeated;
(iv) All the specific exemptions set out in this Annex may be exercised by Parties that have registered exemptions with respect to them in accordance with Article 4or with the exception of the use of Polychlorinated biphenyls in articles in use in accordance with the provisions of Part II of this Annex, which may be exercised by all Parties.
Part II
Polychlorinated Biphenyls
Each Party must:
(a) With regard to the elimination of the use of polychlorinated biphenyls in equipment (e.g. transformers, capacitors or other receptacles containing liquid stocks at the latest by 2025, subject to the examination by the Conference of the Parties, adopt measures in accordance with the following priorities:
i) Make determined efforts to identify, label and remove all equipment containing more than 10% polychlorinated biphenyls and volumes greater than 5 litres;
ii) Make determined efforts to identify, label and remove any equipment containing more than 0,05% of polychlorinated biphenyls and volumes exceeding 5 litres;
iii) Strive to identify and remove any equipment containing more than 0,005% of polychlorinated biphenyls and volumes exceeding 0,05 litres;
(b) In accordance with the priorities referred to in paragraph (a), the parties shall promote the following measures to reduce exposure and risk in order to control the use of polychlorinated biphenyls:
i) Use only in intact and watertight equipment and only in areas where the risk of release into the environment can be reduced to a minimum and the release zone can be rapidly decontaminated;
(ii) Elimination of use in equipment located in areas related to the production or processing of food or animal feed;
(iii) When used in densely populated areas, including schools and hospitals, to take all reasonable measures to protect against power outages that could lead to fires and periodic inspection of such equipment. to detect any leakage;
(c) Without prejudice to the provisions of paragraph 2 of Article 3, ensure that equipment containing polychlorinated biphenyls, as described in paragraph (a), is not exported or imported except for management purposes environmentally sound waste;
(d) Except for maintenance or repair operations, do not allow recovery for reuse in other equipment containing liquids with a concentration of polychlorinated biphenyls greater than 0,005%;
e) Making efforts to achieve environmentally sound management of waste from liquids containing polychlorinated biphenyls and equipment contaminated with polychlorinated biphenyls with a higher polychlorinated biphenyls content 0,005%, in accordance with paragraph 1 of Article 6, as soon as possible but no later than 2028, subject to the examination by the Conference of the Parties;
(f) Instead of the words in note (ii) of Part I of this Annex, endeavour to identify other articles containing more than 0,005% of polychlorinated biphenyls (e.g. watertight sealing composite cable coatings and objects). (painted) and manage them in accordance with the provisions of paragraph 1 of Article 6;
g) Prepare a report every five years on the progress achieved in the removal of polychlorinated biphenyls and submit it to the Conference of the Parties in accordance with Article 15;
(h) The reports referred to in paragraph (g) shall be examined, where appropriate, by the Conference of the Parties to the examination in respect of polychlorinated biphenyls. The Conference of the Parties shall examine the progress achieved with a view to the elimination of polychlorinated biphenyls every five years or at different intervals, as appropriate, taking into account those reports.
RESTRICTION.
Part I
| product | Activity | Acceptable Finality or Specific Exemption |
| DDT (1,1,1-trichloro-2,2-bis (4-chlorophenyl) ethane) CAS No: 50-29-3 | Production | Acceptable Finality: Use in the fight against disease vectors in accordance with Part II of this Annex Specific exemption: Intermediary in the production of dicofol Broker |
| Usage | Acceptable Purpose: Use in the fight against disease vectors according to Part II of this Annex Specific exemption: Production of dicofol Broker |
|
Notes:
(i) Unless otherwise provided in this Convention, the quantities of a chemical present as non-intentional trace contaminants in products and articles shall not be considered to be included in this Annex;
(ii) This note shall not be considered as an acceptable purpose or specific production exemption and use for the purposes of paragraph 2 of Article 3. The quantities of a chemical present as constituents of articles manufactured or already in use before or on the date of entry into force of the obligation in question in respect of that chemical shall not be considered as provided for in this Annex, provided that the Party has notified the Secretariat that a particular type of article is still in use in that Party. The Secretariat shall make such notifications to the public;
iii) This note shall not be considered as a specific production and use exemption for the purposes of paragraph 2 of Article 3. Since significant quantities of the chemical are not expected to reach people and the environment during the production and use of an intermediary in a closed and closed system to a site, a Party, after notifying the chemical The Secretariat may permit the production and use of quantities of a chemical listed in this Annex as an intermediary in a closed system and limited to a site which is chemically transformed into the manufacture of other products. chemical products which, taking into account the criteria laid down in Annex D, paragraph 1, do not have characteristics of persistent organic pollutants.
This notification shall include information on the total production and use of those chemicals or a reasonable estimate of such data, as well as information on the nature of the closed and limited system process. location, including the extent of any unintentional and unprocessed contamination of the initial material of persistent organic pollutants in the final product. This procedure shall be applied except where otherwise indicated in this Annex. The Secretariat shall make such notifications known to the Conference of the Parties and to the public. Such production or use shall not be considered as a specific production or use exemption.
This production and use must cease at the end of a period of ten years, unless the Party concerned gives a new notification to the Secretariat, in which case the period will be extended for a further ten years, unless the Conference of the Parties, after studying production and use, decides otherwise. The notification process may be repeated;
(iv) All the specific exemptions set out in this Annex may be exercised by Parties that have registered exemptions with respect to them in accordance with Article 4.
Part II
DDT (1,1,1-trichloro-2,2-bis (4 chlorophenyl) ethane)
1. The production and use of DDT shall be eliminated except as regards the Parties which have notified the Secretariat of their intention to produce and/or to use DDT. A Registry is created for the DDT. The registry shall be maintained by the Secretariat for DDT.
2. Each Party producing and/or using DDT shall restrict such production and/or use for the control of disease vectors in accordance with the recommendations and guidelines of the World Health Organization on the use of DDT. where that Party does not have safe, effective and affordable local alternatives.
3. If a Party not included in the DDT Register determines that it needs DDT to fight disease vectors, that Party shall notify the Secretariat as soon as possible so that its name is immediately added to the Registry. for DDT. At the same time it shall notify the World Health Organization of the amount used, the conditions of that use and its importance for the disease management strategy of that Party. It is a format to be decided by the Conference. of the Parties in consultation with the World Health Organization.
4. Each Party using DDT shall provide the Secretariat and the World Health Organization with information on the amount used, the conditions of that use and its importance for the management of disease management strategy every three years. that Party, in a format to be decided by the Conference of the Parties in consultation with the World Health Organization.
5. In order to reduce and ultimately eliminate the use of DDT, the Conference of the Parties will encourage:
a) Each Party using DDT to develop and execute an action plan as part of the application plan stipulated in article 7. This action plan will include:
i) The development of regulatory and other mechanisms to ensure that the use of DDT is limited to the fight against disease vectors;
ii) The application of appropriate alternative products, methods and strategies, including resistance management strategies, to ensure the continued effectiveness of such alternatives;
iii) Measures to strengthen health care and reduce disease cases.
(b) Parties to which, according to their capacity, promote the research and development of chemical and non-chemical products, alternative and safe methods and strategies for the User Parties of DDT, which take into account the conditions of these countries and tend to the objective of reducing the burden posed by the disease for human beings and the economy. Consideration of alternatives or combinations of alternatives will mainly address the risks to human health and the environmental impacts of these alternatives. Viable alternatives to DDT shall be less hazardous to human health and the environment, appropriate to the fight against diseases under conditions existing in the different Parties and based on surveillance data.
6. From its first meeting and thereafter at least every three years, the Conference of the Parties, in consultation with the World Health Organization, shall determine whether DDT is still necessary to combat disease vectors, on the basis of available scientific, technical, environmental and economic information, including:
(a) The production and use of DDT and the conditions set out in paragraph 2;
b) The availability, convenience and application of alternatives to DDT, and
c) The progress made in strengthening the capacity of countries to move safely to the adoption of these alternatives.
7. After notifying the Secretariat, either Party may withdraw its name from the DDT Register at any time by written notification to the Secretariat. The withdrawal shall take effect on the date specified in the notification.
unintentional production.
Part I
Persistent organic pollutants subject to the requirements of article 5
This Annex applies to the following persistent organic pollutants, when they are formed and released intentionally from anthropogenic sources:
Chemical product
Dibenzoparadioxins and polychlorinated dibenzofurans (PCDD/PCDF)
Hexachlorobenzene (HCB) (No. CAS: 118-74-1)
Polychlorinated biphenyls (PCBs)
Part II
Source categories
Dibenzoparadioxins and polychlorinated dibenzofurans, hexachlorobenzene, and polychlorinated biphenyls are formed and released in an unintended manner from thermal processes, comprising organic matter and chlorine, as a result of a incomplete combustion or chemical reactions. The following categories of industrial sources have relatively high training and release potential for these chemicals in the environment:
(a) Waste incinerators, including co-incineration of municipal, hazardous or medical waste or cloacal sludge;
b) Hazardous waste from combustion in cement kilns;
c) Production of paper pulp using elemental chlorine or chemical products that produce elemental chlorine for bleaching;
d) The following thermal processes of the metallurgical industry:
i) Secondary copper production;
(ii) Sintering plants in the iron and steel industry;
iii) Secondary production of aluminium;
iv) Secondary production of zinc.
Part III
Source categories
Dibenzoparadioxins and polychlorinated dibenzofurans, hexachlorobenzene and polychlorinated biphenyls may also be produced and released in the non-intentional form from the following categories of sources, in particular:
a) Open pit burning of waste, including burning in landfills;
(b) Thermal processes of the metallurgical industry not mentioned in Part II;
c) Domestic combustion sources;
d) Fossil fuel combustion in thermoelectric power plants or industrial boilers;
e) Wood combustion plants or other biomass fuels;
(f) Production processes of certain chemicals that do not intentionally release persistent organic pollutants formed, in particular the production of chlorophenols and chloranil;
g) Crematoriums;
h) Motor vehicles, in particular those using leaded petrol as fuel;
i) Destruction of animal carcasses;
j) Tenido (with chloranil) and termination (with alkaline extraction) of textiles and hides;
k) Scrapping plants for the treatment of vehicles after the end of their useful life;
l) Slow combustion of copper cables;
m) Oil refinery waste.
Part IV
Definitions
1. For the purposes of this Annex:
(a) By "polychlorinated biphenyls" are understood aromatic compounds formed in such a way that the hydrogen atoms in the biphenyl molecule (2 benzenic rings joined together by a single carbon-carbon bond) can be substituted by up to Ten chlorine atoms, and
(b) By "dibenzoparadioxins and polychlorinated dibenzofurans" and "polychlorinated dibenzofurans", which are aromatic tricyclic compounds consisting of two benzenic rings attached to each other, in the case of dibenzoparadioxins by two oxygen atoms, while that in polychlorinated dibenzofurans by an oxygen atom and a carbon-carbon bond and hydrogen atoms that can be substituted by up to eight chlorine atoms.
2. In this Annex, the toxicity of dibenzoparadioxins and polychlorinated dibenzofurans is expressed using the concept of toxic equivalence, which measures the dioxin-like toxic activity of different congeners of the dibenzoparadioxins and polychlorinated dibenzofurans, polychlorinated coplanar biphenyls compared to 2,3,7,8-tetrachlorodibenzoparadioxin. The toxic equivalent factor values to be used for the purposes of this Convention shall be consistent with accepted international standards, first with the values of the equivalent toxic factor for mammals of the Organisation World of Health 1998 with respect to dibenzoparadioxins and polychlorinated dibenzofurans and polychlorinated biphenyls. Concentrations are expressed in toxic equivalents.
Part V
Broad guidelines on best available techniques and environmental best practices
In this part, general guidelines on the prevention or reduction of releases of chemicals included in Part I are transmitted to the Parties.
A. General prevention measures regarding best available techniques and best environmental practices
Priority should be given to the study of criteria to prevent the formation and release of chemicals included in Part I. Useful measures could include:
a) Using a technology that generates little waste;
b) Use of less dangerous substances;
c) Promoting regeneration and recycling of waste and substances generated and used in processes;
(d) Replacing raw materials that are persistent organic pollutants or in the event that there is a direct link between the materials and the releases of persistent organic pollutants from the source;
e) Preventive maintenance and maintenance programs;
f) Improvement of waste management with a view to ending the incineration of open-pit waste and other uncontrolled forms of incineration, including the incineration of landfill. When considering proposals to build new waste disposal facilities, alternatives such as activities to minimise the generation of municipal and medical waste, including the use of waste, should be considered. resource regeneration, reuse, recycling, waste separation and the promotion of products that generate less waste. Public health problems must be carefully considered within this criterion;
g) Reducing the minimum of these chemicals as contaminants in other products;
h) Avoidance of elemental chlorine or chemical products that generate elemental chlorine for bleaching.
B. Best available techniques
The concept of best available techniques is not aimed at prescribing a specific technology or technology, but to take into account the technical characteristics of the installation concerned, its geographical location and the conditions Local environmental. The appropriate control techniques for reducing the releases of the chemicals listed in Part I are generally the same. In determining the best available techniques, special attention should be given, in general or in specific cases, to the factors listed below, taking into account the likely costs and benefits of a measure and the precaution and prevention:
a) General considerations:
i) Nature, effects and mass of the emissions in question: techniques may vary depending on the size of the source;
(ii) Commissioning dates for new or existing installations;
iii) Time needed to incorporate the best available technique;
iv) Consumption and nature of the raw materials used in the process and their energy efficiency;
v) Need to avoid or minimize the overall impact of releases on the environment and the hazards they pose to the environment;
vi) Need to avoid accidents and minimize their consequences for the environment;
vii) Need to safeguard occupational health and safety in workplaces;
viii) Comparable processes, facilities or methods of operation that have been tested with satisfactory results on an industrial scale;
ix) Technological advances and change of knowledge and understanding in the scientific field.
(b) Measures for the reduction of general releases: by examining proposals for the construction of new installations or of major modification of existing installations using processes which release chemicals from the In this Annex, processes, techniques or practices of an alternative nature which are of similar use, but which prevent the formation and release of those chemicals, should be considered as a priority. In cases where such facilities are to be constructed or modified in an important way, in addition to the prevention measures described in Section A of Part V, the best available techniques may also be considered. The following reduction measures:
i) Use of improved combustion gas purification methods, such as thermal or catalytic oxidation, dust precipitation or absorption;
(ii) Treatment of waste, waste water, waste and cloacal sludge by, for example, heat treatment or by returning them inert or by chemical processes that eliminate their toxicity;
iii) Changes in processes that lead to the reduction or elimination of releases, such as the adoption of closed systems;
iv) Modification of the design of processes to improve combustion and prevent the formation of the chemicals included in the annex by controlling parameters such as the incineration temperature or the length of time.
C. Best environmental practices
The Conference of the Parties may develop guidance on best environmental practices.
SELECTION CRITERIA AND INFORMATION REQUIREMENTS.
1. A Party submitting a proposal for the inclusion of a chemical in Annexes A, B and/or C shall identify the chemical in the form described in subparagraph (a) and provide information on the chemical and, if appropriate, its processing products, in relation to the selection criteria defined in points (b) to (e):
a) Chemical product identification:
i) Names, including trade names, or trade names and their synonyms, the Chemical Abstracts Service (CAS) registration number, the name in the International Union of Pure and Applied Chemistry (IUPAC); and
(ii) Structure, including the specification of isomers, where applicable, and the structure of the chemical class;
b) Persistence:
i) Proof that the average life of the chemical in the water is greater than two months or that its average life on earth is over six months or that its average life in the sediments is over six months; or
(ii) Proof that the chemical is in any other form sufficiently persistent to justify being taken into consideration in the scope of this Convention;
c) Bioaccumulation:
i) Proof that the bioconcentration factor or the bioaccumulation factor of the chemical in the aquatic species is greater than 5,000 or, in the absence of data, that the log Kow is greater than 5;
(ii) Proof that the chemical presents other reasons of concern, such as high bioaccumulation in other species, high toxicity or ecotoxicity; or
(iii) Biota surveillance data indicating that the potential for bioaccumulation of the chemical is sufficient to justify being taken into account in the scope of this Convention;
d) Long distance transport potential in the environment:
i) Measured levels of the chemical in distant sites from the source of release that may be of concern;
(ii) Surveillance data showing that long distance transport of the chemical in the environment, with potential for transfer to a receiving medium, may have occurred through air, water or migratory species; or
(iii) Target properties in the environment and/or model results showing that the chemical has a long distance transport potential in the environment by air, water or migratory species, with potential for transfer to a receiving medium at sites distant from the sources of their release. In the case of a chemical that migrates significantly by air, its average life in the air must be greater than two days; and
e) Adverse Effects:
(i) Evidence of adverse effects on human health or the environment that justify the chemical product being taken into consideration in the scope of this Convention; or
(ii) Toxicity or ecotoxicity data indicating the potential for harm to human health or the environment.
2. The proposing Party shall provide a statement of the reasons for that concern, including, where possible, a comparison of toxicity or ecotoxicity data with the detected or expected levels of a chemical resulting from or provide for long distance transport in the environment, and a brief statement indicating the need for global control.
3. The proposing Party, as far as possible and taking into account its capabilities, shall provide further information to support the examination of the proposal referred to in paragraph 4 of Article F. In order to draw up such a proposal, the Party may take advantage of the technical knowledge of any source.
REQUIREMENTS FOR THE RISK PROFILE.
The aim of the examination is to assess whether a chemical, as a result of its long distance transport in the environment, is likely to have significant adverse effects on human health and/or the environment of such magnitude that justify the adoption of measures at world level. To this end, a risk profile shall be drawn up in which the information referred to in Annex D shall be further deepened and evaluated, including, as far as possible, information of the following type:
a) Sources, including, where applicable:
i) Production data, including quantity and place;
ii) Uses, and
iii) Liberations, such as downloads, losses, and emissions;
b) Assessment of the danger to the terminal point or terminal points that are of concern, including an examination of the toxicological interactions in which more than one chemical is involved;
(c) Destination in the environment, including data and information on the chemical and its physical properties and its persistence, and how these are linked to their transport in the environment, their transfer within segments of the environment. the environment and, among them, their degradation and their transformation into other chemicals. A determination of the bioconcentration factor or the bioaccumulation factor shall be included on the basis of measured values, unless it is estimated that the surveillance data meets that need;
d) Surveillance data;
e) Exposure in local areas and, in particular, as a result of long distance transport in the environment, including information on biological availability;
f) National and international risk assessments, risk assessments or profiles, and hazard classification and classification information, where they exist; and
g) The status of the chemical in the framework of international conventions.
INFORMATION ABOUT SOCIOECONOMIC CONSIDERATIONS
An assessment should be made of possible control measures relating to chemicals under examination for incorporation into this Convention, covering the full range of options, including handling and disposal. To this end, relevant information on socio-economic considerations related to possible control measures should be provided for the Conference of the Parties to take a decision. The different capacities and conditions of the Parties should be duly taken into account in this information and consideration should be given to the indicative list of elements below:
a) Effectiveness and efficiency of possible control measures to achieve risk reduction purposes:
i) Technical feasibility; and
ii) Costs, including environmental and health costs;
b) Alternatives (products and processes):
i) Technical feasibility;
ii) Costs, including environmental and health costs;
iii) Effectiveness;
iv) Risk;
v) Availability; and
vi) Accessibility;
c) Positive and/or negative effects of the application of possible control measures for society:
i) Health, including public, environmental and workplace health;
(ii) Agriculture, including aquaculture and forestry;
iii) Biota (biological diversity);
iv) Economic aspects;
v) Transition to sustainable development; and
vi) Social Costs;
d) Consequences of waste and disposal (in particular, stocks of obsolete pesticides and sanitation of contaminated sites):
i) Technical feasibility; and
ii) Cost;
e) Access to public information and training;
f) Status of control and surveillance capability; and
g) Cover control measures taken at national or regional level, including information on alternatives and other relevant information on risk management
UNITED NATIONS
Reference: C.N. 157.2003.TREATES-6 (Depositary Notification)
STOCKHOLM CONVENTION ON POLLUTANTS
PERSISTENT ORGANIC
STOCKHOLM, 22 MAY 2001.
CORRECTION TO THE ORIGINAL TEXT OF THE CONVENTION
(AUTHENTIC TEXT IN SPANISH) AND FOR CERTIFIED COPIES
The Secretary-General of the United Nations, as a depositary, reports the following:
By February 19, 2003, when the specified period of notice of objection, to the proposed correction expired, no objection to the Secretary-General has been reported.
Consequently, the Secretary-General has put into effect the correction of Article 1 of the original text of the Convention (authentic text in Spanish) and certified copies. The corresponding verbal rectification process is hereby transmitted.
February 21, 2003.
(Signature)
1 Refer to depositary notification C.N. 1204.2002.TREATIES-63 of 19 November 2002 (Proposal for a correction to the original text of the Convention (authentic text in Spanish) and certified copies.
Attention: Treaty services of the Ministries of Foreign Affairs and of participating International Organizations. The depository notifications are available to the Permanent Missions of the United Nations, at the following e-mail address: missions@un.int. Note that the annexes of the depository notifications are distributed only in hard copy format. Hard copy versions of the depository notifications are available to be collected by the Permanent Missions of the NL-300 room. These notifications are also available at the United Nations Treaty Collection on the Internet http://untreaty.un.org.
UNITED NATIONS
STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS ADOPTED IN STOCKHOLM ON 22 MAY 2001
VERBAL RECTIFICATION PROCESS
FROM THE ORIGINAL TEXT OF THE CONVENTION
THE SECRETARY-GENERAL OF THE UNITED NATIONS, as depositary of the Stockholm Convention on Persistent Organic Pollutants, adopted in Stockholm on 22 May 2001 (Convention).
WHEREAS there is apparently an error in Article 1 of the original of the Convention. (Authentic text in Spanish).
WHEREAS the corresponding proposed correction has been communicated to all States Interested in the reporting of Depositary Notice C.N. 1204.2002TREATIES-63 of 19 November 2002.
WHEREAS by February 19, 2003, when the specified period of notice of objection to the proposed correction expired, no objection has been reported.
HAS CAUSED the respective correction as indicated in the above notification to be put into effect in the original text of that Convention whose correction also applies to the certified copies of the Convention, established on 19 of June 2001.
IN TESTIMONY OF WHICH, I, Hans Corell, Sub-Secretary General, Legal Counsel, signed this verbal process.
FACT at the United Nations Headquarters, on 21 February 2003.
(Signature) Hans Corell.
UNITED NATIONS
Reference: C.N. 157.2003.TREATES-6 (Depository Notification)
STOCKHOLM CONVENTION ON POLLUTANTS
PERSISTENT ORGANIC
STOCKHOLM, 22 MAY 2001.
CORRECTING THE ORIGINAL TEXT OF THE CONVENTION
(AUTHENTIC TEXT IN SPANISH) AND FOR CERTIFIED COPIES
The Secretary-General of the United Nations, as a depositary, reports the following:
It has been called the attention of the Secretary General, regarding an apparent error in article 1 of the original text of the Convention (authentic text in Spanish) as reproduced in the certified copies circulated by notification depository C.N. 1204.2002TREATIES-63 of 19 November 2001.
Article 1 of the authentic Spanish text reads as follows:
" Having present the precautionary principle enshrined in principle 15 of the Rio Declaration on Environment and Development, the objective of this Convention is to protect human health and the environment. environment in the face of persistent organic pollutants. "
It is proposed to replace in the article 1o of the authentic text in Spanish, the word "principle" for the word "criterion" so that the paragraph, after being corrected, says the following:
" Having present the precautionary criterion enshrined in principle 15 of the Rio Declaration on Environment and Development, the objective of this Convention is to protect human health and the environment. environment in the face of persistent organic pollutants. "
According to what is established in the deposit practice, and unless there is an objection to make any particular correction, by some State Signatory or Contracting State, the Secretary General proposes to effect in the article relevant to the Spanish authentic text of the Convention, the correction previously written, which would apply to certified copies.
Any objection must be communicated to the Secretary-General, before Wednesday, February 19, 2003.
November 19, 2002. (Signature)
Attention: Treaty services of the Ministries of Foreign Affairs and of participating International Organizations. Depository notifications are made available to the Permanent Missions of the United Nations, at the following e-mail address: missions@un.int. Note that the annexes to the depository notifications are distributed only in hard copy format. Hard copy versions of the depository notifications are available to be picked up by the NL-300 room Permanent Missions.
Stockholm Convention on Persistent Organic Pollutants
Stockholm, May 22, 2001
Adoption of Annex G to the Stockholm Convention
The Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants, pursuant to Decision SC-1/2 of 6 May 2005, adopted at its first meeting, approved as Annex G to the Convention the arbitration procedure the effects of the provisions of Article 18 (2) (a) of the Convention and the process of conciliation for the purposes of the provisions of Article 18 (6) of the Convention. The arbitration procedure and the conciliation procedure adopted are set out in the Annex to Decision SC-112, contained in Annex I to the report of the first meeting (UNEP/POPS/COP.2/31).
Pursuant to Article 22 (3) (b) of the Convention, Parties that are unable to accept an additional Annex shall notify the Depositary in writing within one year of the date of the Depositary's date. communicated the approval of the additional Annex. The Depositary shall communicate without delay to all Parties any notification of that type which it has received. A Party may at any time withdraw a notification of non-acceptance which it has previously made in respect of any additional Annex and, in such a case, the Annex shall enter into force in respect of that Party in accordance with paragraph (c). In accordance with paragraph 3 (c) after the date of one year from the date on which the Depositary has communicated the approval of an additional Annex, the Annex shall enter into force for all Parties which have not made a decision. notification in accordance with the provisions of paragraph (b).
The original of Annex G, whose texts in the other five official languages of the United Nations are equally authentic, are set out in the Annex to this note.
Annex G to the Stockholm Convention
(SC-1/2 Decision of the Conference of the Parties)
I. Arbitration procedure
The arbitral procedure, for the purposes of paragraph 2 (a) of Article 18 of the Convention, shall be as follows:
Article 1.
1.A Party may initiate an arbitration in accordance with Article 18 of the Convention by written notification addressed to the other party in the dispute. The notification shall be accompanied by a statement on the application, together with the supporting documents, and shall state the subject matter of the arbitration and shall include, in particular, the articles of the Convention whose interpretation or application is under discussion.
2. The complaining party shall notify the Secretariat that the parties are submitting a dispute to the arbitration pursuant to Article 18. The notification shall be accompanied by the written notification of the applicant, the statement on the claim and the supporting documents referred to in paragraph 1 above The Secretariat shall transmit the information thus received to all Parties.
Article 2.
1. If the dispute is referred for arbitration pursuant to Article 1 supra, an arbitral tribunal shall be established. It will consist of three members.
2. Each party to the dispute shall appoint an arbitrator, and the two arbitrators so appointed shall appoint by common agreement the third arbitrator to be the President of the tribunal. The President of the Court shall not be a national of either party to the dispute, nor shall he have his habitual place of residence in the territory of one of these parties, nor shall he be employed by any of them, nor shall he have dealt with the case in any other capacity.
3. In disputes between more than two parties, the parties with the same interest shall appoint an arbitrator jointly and by agreement.
4. Any vacancy shall be filled in the prescribed form for the initial appointment.
5. If the parties do not agree, in the matter of the dispute before the President of the arbitral tribunal is appointed, the arbitral tribunal shall determine the matter of the dispute.
Article 3.
1. If one of the parties to the dispute does not appoint an arbitrator within two months from the date on which the accused party receives the notice of arbitration, it may inform the Secretary-General of the United Nations, who shall proceed to the designation within a further two months.
2. If the President of the arbitral tribunal has not been appointed within two months of the date of appointment of the second arbitrator, the Secretary-General of the United Nations, upon request of a party, shall appoint the President in a period of two more months.
Article 4.
The arbitral tribunal shall give its rulings in accordance with the provisions of the Convention and international law.
Article 5.
Unless otherwise provided by the parties to the dispute, the arbitral tribunal shall establish its own rules of procedure.
Article 6.
The arbitral tribunal may, upon request of one of the parties, indicate essential and provisional protective measures.
Article 7.
The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, by using all means at its disposal:
a) You will be provided with all relevant documents, information and facilities, and
b) They will allow you, when necessary, to quote and hear witnesses or experts.
Article 8.
Parties and arbitrators have an obligation to protect the confidential nature of any information they receive with this character during the proceedings of the arbitral tribunal.
Article 9.
Unless the court determines otherwise due to particular circumstances of the case, the costs of the court shall be borne by the parties to the dispute, in equal proportions. The court will keep a record of all expenses and present a final status to the parties.
Article 10.
A Party that has a legal interest in the subject matter of the dispute and which may be affected by the failure of the case may intervene in the proceedings with the consent of the court.
Article 11.
The court will be able to hear about the counterclaim claims directly related to the object of the controversy, and resolve them.
Article 12.
The decisions, both procedural and substantive, of the arbitral tribunal shall be taken by a majority of the votes of its members.
Article 13.
1. If one of the parties to the dispute does not appear before the court or does not defend its case, the other party may request the court to continue the proceedings and proceed to give its ruling. The fact that a party does not or does not defend its position shall not constitute an obstacle to the procedure.
2. Before making its final ruling, the arbitral tribunal shall verify that the claim is adequately based on the facts and the legislation.
Article 14.
The court will give its final ruling within five months from the date on which it is fully constituted, unless it considers it necessary to extend the period for a period not exceeding five months.
Article 15.
The final ruling of the arbitral tribunal shall be limited to the issue that is the subject of the dispute and shall state the reasons on which it is based. It shall include the names of the members who have participated and the date of the final ruling. Any member of the court may attach a separate or dissenting opinion to the final ruling.
Article 16.
The ruling will be binding on the parties to the dispute. The interpretation of the Convention in the judgment shall also be binding on a Party which intervenes in accordance with the provisions of Article 10 supra to the extent that it relates to matters relating to the which party has intervened. It shall be unappealable unless the parties to the dispute have previously agreed to an appeal procedure.
Article 17.
Any dispute that may arise between those who are subject to the definitive ruling pursuant to Article 16 supra, as regards the interpretation or the manner of application of the judgment, may be filed by any of them to the arbitral tribunal which issued it for it to give a ruling on it.
II. Reconciliation procedure
The conciliation procedure, for the purposes of paragraph 6 of Article 18 of the Convention, shall be as follows:
Article 1.
1. A request for a party in a dispute to establish a conciliation committee pursuant to Article 18, paragraph 6 shall be addressed, in writing, to the Secretariat. The Secretariat shall immediately inform all Parties to the Convention as appropriate.
2. Unless otherwise decided by the parties, the conciliation committee shall be composed of three members, one appointed by each interested party and a President chosen jointly by those members.
Article 2.
In disputes between more than two parties, the parties with the same interest shall appoint their members of the commission jointly and by agreement.
Article 3.
If any appointment by the parties is not made within two months of the date of receipt by the secretariat of the written request referred to in Article 1, the Secretary-General of the United Nations, prior to the appointment of the Secretary-General of the Request of a party to make those appointments within an additional period of two months.
Article 4.
If the Chairman of the Conciliation Committee has not been elected within two months after the second member of the committee has been appointed, the Secretary-General of the United Nations shall, upon request of a party, appoint the President within an additional period of two months.
Article 5.
1. Unless the parties to the dispute decide otherwise, the conciliation committee shall determine its own rules of procedure.
2. The parties and the members of the commission have an obligation to protect the confidential nature of the information they receive with this character during the actions of the commission.
Article 6.
The conciliation committee shall take its decisions by a majority of the votes of its members.
Article 7.
Within 12 months of its establishment, the conciliation commission will present a report with recommendations for the settlement of the dispute, which the parties will consider in good faith.
Article 8.
The commission will resolve any disagreement on whether the conciliation committee has competence to examine a question that has been referred to it.
Article 9.
The expenses of the commission shall be borne by the parties to the dispute in the proportions they have agreed upon. The commission shall keep a record of all its expenditure and present the parties with a final statement.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 21, 2003
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Carolina Barco Isakson
DECRETA:
Article 1o. Approve the Stockholm Convention on Persistent Organic Pollutants, made in Stockholm on 22 May 2001, the "correction to Article 1 of the original text in ", of 21 February 2003, and the"Annex G. to the Stockholm Convention ", of 6 May 2005.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention on Persistent Organic Pollutants", made in Stockholm on May 22, 2001, " on 21 February 2003, and the 'Annex G. to the Stockholm Convention' of 6 May 2005, which is hereby approved, shall be binding on the country from the date on which the international link with respect to the same is improved.
Article 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a los ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs, the Minister of Agriculture and Rural Development, the Minister of Social Protection, and the Minister of Environment, Housing and Development Territorial.
The Foreign Minister,
Fernando Araujo Perdomo.
The Minister of Agriculture and Rural Development,
Andres Felipe Arias Leiva.
The Minister of Social Protection,
Diego Palacio Betancourt.
The Minister of Environment, Housing and Territorial Development,
Juan Francisco Lozano Ramirez,
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., 21 July 2003
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister
(Fdo.) Fernando Araujo Perdomo
DECRETA:
Article 1o. Approve the Stockholm Convention on Persistent Organic Pollutants, made in Stockholm on 22 May 2001, the "correction to Article 1 of the original text in ", of 21 February 2003, and the"Annex G. to the Stockholm Convention ", of 6 May 2005.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention on Persistent Organic Pollutants", made in Stockholm on May 22, 2001, " on 21 February 2003, and the 'Annex G. to the Stockholm Convention' of 6 May 2005, which is hereby approved, shall be binding on the country from the date on which the international link with respect to the same is improved.
Article 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
NANCY PATRICIA GUTIERREZ CASTANEDA.
The Secretary General of the honorable Senate of the Republic,
EMILIO OTERO DAJUD.
The President of the Honourable House of Representatives
OSCAR GROVE PALACIO.
The Secretary General (E.) of the honourable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., 5 June 2008.
ALVARO URIBE VELEZ
The Foreign Minister,
FERNANDO ARAUJO PERDOMO.
The Minister of Environment, Housing and Territorial Development,
JUAN LOZANO RAMIREZ ..
