Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to Act No. 2003-986 of 16 October 2003 authorizing the approval of the Convention on Persistent Organic Pollutants (as a whole six annexes);
In view of the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France,
Decrete:
The Convention on Persistent Organic Pollutants (set of six annexes), made in Stockholm on 22 May 2001, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N
ON ORGANIC POLLUTANTS
(ENSEMBLE SIX ANNEXES)
The Parties to this Convention,
Recognizing that persistent organic pollutants possess toxic properties, resist degradation, accumulate in living organisms and are propagated by air, water and migratory species beyond international borders and deposited away from their original site, where they accumulate in terrestrial and aquatic ecosystems;
Aware of health concerns, particularly in developing countries, that have been raised by exposure at the local level to persistent organic pollutants, in particular the exposure of women and, through them, that of future generations;
Acknowledging that the Arctic ecosystem and the indigenous populations living therein are particularly threatened because of the bio-amplification of persistent organic pollutants, and that contamination of the traditional food of these populations is a matter of public health;
Aware of the need for global action on persistent organic pollutants;
Bearing in mind decision 19/13 C of the Governing Council of the United Nations Environment Programme of 7 February 1997 on international action to protect human health and the environment by adopting measures to reduce or eliminate emissions and releases of persistent organic pollutants;
Recalling the provisions on relevant international environmental conventions, in particular the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, including the regional agreements concluded under Article 11;
Recalling also the relevant provisions of the Rio Declaration on Environment and Development and Action 21;
Declaring that all Parties are motivated by a precautionary concern in this Convention;
Recognizing that this Convention and other international agreements in the field of trade and the environment contribute to the same objective;
Reaffirming that, in accordance with the Charter of the United Nations and the principles of international law, States have the sovereign right to use their own resources in accordance with their environmental and development policies and the duty to ensure that activities carried out within or under their jurisdiction do not cause damage to the environment of other States or areas not falling within any national jurisdiction;
Taking into account the special situation and needs of developing countries, including the least developed among them, and countries with economies in transition, in particular the need to strengthen their national capacity for chemicals management, including the transfer of technology, the provision of financial and technical assistance and the promotion of cooperation among Parties;
Taking fully into account the Programme of Action for the Sustainable Development of Small Island Developing States, adopted in Barbados on 6 May 1994;
Noting the respective capacities of developed and developing countries, as well as the common but differentiated responsibilities of States, as set out in Principle 7 of the Rio Declaration on Environment and Development;
Acknowledging the important contribution that the private sector and non-governmental organizations can make to reduce, or even eliminate, emissions and releases of persistent organic pollutants;
Stressing the importance of ensuring that persistent organic pollutants are responsible for mitigating the harmful effects of their products and providing users, governments and the public with information on the properties of these chemicals that make them hazardous substances;
Recognizing the need to take measures to prevent the adverse effects of persistent organic pollutants at all stages of their life cycle;
Reaffirming Principle 16 of the Rio Declaration on Environment and Development, under which national authorities should endeavour to promote the internalization of environmental protection costs and the use of economic instruments, under the principle that it is the polluter who must, in principle, assume the cost of pollution, in the interests of the public and without distorting the play of international trade and investment;
Encouraging Parties without regulatory and assessment systems for pesticides and industrial chemicals to develop such systems;
Recognizing the importance of developing and using environmentally sound alternative chemical processes and substances;
Determined to protect human health and the environment from the adverse effects of persistent organic pollutants,
agreed that:
Article 1
Objective
Given the precautionary approach set out in Principle 15 of the Rio Declaration on Environment and Development, the objective of this Convention is to protect the human health and environment of persistent organic pollutants.
Article 2
Definitions
For the purposes of this Convention:
(a) "Party" means a State or regional economic integration organization that has consented to be bound by this Convention and for which the Convention is in force;
(b) "Regional Economic Integration Organization" means an organization constituted by sovereign States of a particular region to which its member States have transferred their powers on matters governed by this Convention, and which has been duly authorized, in accordance with its domestic procedures, to sign, ratify, accept or approve the Convention, or to accede to it;
(c) "Parties present and voting" means Parties present that issue an affirmative or negative vote.
Article 3
Measures to reduce or eliminate releases
resulting from intentional production and use
1. Each Party:
(a) Prohibit and/or take the necessary legal and administrative measures to eliminate:
(i) The production and use of the chemical substances listed in Annex A, in accordance with the provisions of this Annex;
(ii) Import and export of chemical substances listed in Appendix A, in accordance with the provisions of paragraph 2;
(b) Limits the production and use of chemical substances listed in Appendix B in accordance with the provisions of this Annex.
2. Each Party shall take steps to ensure:
(a) Any chemical listed in Appendix A or Appendix B is imported only:
(i) For the purpose of environmentally sound disposal as provided for in paragraph 1 (d) of Article 6; or
(ii) For use or for a purpose authorized for that Party under Annex A or Annex B;
(b) Any chemical listed in the Schedule A with a specific exemption for production or use, or any chemical listed in Annex B with a specific exemption or for an acceptable purpose regarding production or use, taking into account all relevant provisions of the international instruments in force on prior informed consent, is exported only:
(i) For the purpose of environmentally sound disposal as provided for in paragraph 1 (d) of Article 6;
(ii) To a Party that is authorized to use this chemical under Appendix A or Appendix B; or
(iii) To a State not Party to this Convention, on annual certification to the exporting Party. This certification must specify the intended use of the chemical and include a declaration to the effect that the import State undertakes, with respect to this chemical, to:
(a) Protecting human health and the environment by taking the necessary measures to minimize or prevent releases;
(b) Respect the provisions of paragraph 1 of Article 6;
(c) Respect, where appropriate, the provisions of paragraph 2 of Part II of Annex B.
The necessary supporting documents, such as legislation, regulatory instruments, administrative directives or guiding principles, are attached to the certification. The Exporting Party shall transmit the certification to the Secretariat within sixty days of its receipt;
(c) That any chemical listed in Annex A for which a Party no longer has a specific exemption for production and use is not exported by that Party except for an environmentally sound disposal as provided for in paragraph 1 (d) of Article 6;
(d) For the purposes of this paragraph, the term "State not Party to this Convention" includes, in respect of a particular chemical, any State or regional economic integration organization that has not agreed to be bound by the provisions of the Convention for that chemical.
3. Each Party that applies one or more regulatory and assessment regimes for new pesticides or industrial chemicals shall take regulatory measures to prevent the production and use of new pesticides or industrial chemicals that, taking into account the criteria set out in paragraph 1 of Annex D, have the characteristics of persistent organic pollutants.
4. Each Party that applies one or more regulatory and assessment regimes for pesticides or industrial chemicals shall, as appropriate, take into consideration in these regimes the criteria set out in paragraph 1 of Annex D when conducting an assessment of pesticides or industrial chemicals in circulation.
5. Unless otherwise provided in this Convention, paragraphs 1 and 2 do not apply to quantities of a chemical intended for use in laboratory research or as a reference standard.
6. Any Party with a specific exemption in accordance with Annex A or a specific exemption or for an acceptable purpose in accordance with Annex B shall take appropriate measures to ensure that any production or use under the exemption or for that purpose is carried out so as to prevent or minimize exposure to persons and releases to the environment. In the case of use for exemptions or for acceptable purposes resulting in intentional releases to the environment under normal conditions of use, these releases will be minimized as necessary, taking into account applicable standards and guidelines.
Article 4
Register of specific exemptions
1. A register is hereby established to identify Parties with specific exemptions provided for in Annex A or Annex B. It does not identify Parties that apply the provisions of Annex A or Annex B for which all Parties may avail themselves. This registry is maintained by the Secretariat and is accessible to the public.
2. The register includes:
(a) A list of specific exemption types in Appendix A and Appendix B;
(b) A list of Parties with a specific exemption under Annex A or Annex B;
(c) A list of expiry dates for each registered specific exemption.
3. Any State that becomes a Party may, by written notification to the Secretariat, register one or more specific types of exemptions provided for in Annex A or Annex B.
4. Unless a previous date is indicated in the registry by a Party, or an extension is granted in accordance with paragraph 7, all registered specific exemptions 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 establish a process for reviewing registrations.
6. Prior to the examination of a registration in the registry, the Party concerned submits to the Secretariat a report certifying that the registration of this exemption remains necessary. The Secretariat distributes this report to all Parties. The review of the exemption is based on all available information. The Conference of the Parties may make any recommendation that it considers appropriate to the Party concerned.
7. Upon request from the Party concerned, the Conference of the Parties may decide to extend a specific exemption for a period of up to five years. In making its decision, the Conference of the Parties shall take due account of the particular situation of Parties that are developing countries or economies in transition.
8. A Party may, at any time, withdraw its registration to the Register for a specific exemption, upon written notification to the Secretariat. The withdrawal shall take effect on the date specified in the notification.
9. Where no Party is registered for a specific type of exemption, no new registration is accepted for that exemption.
Article 5
Measures to reduce or eliminate releases
resulting from unintentional production
Each Party shall take at least the following measures to reduce the total volume of anthropogenic releases of each of the chemicals listed in Annex C, with a view to minimizing their volume and, if possible, to eliminate them in the future:
(a) Develop, within two years after the entry into force of the Convention, an action plan or, where appropriate, a regional or subregional action plan and then implement it as part of the implementation plan referred to in Article 7, to identify, characterize and manage releases of chemical substances listed in Annex C and to facilitate the application of subparagraphs (e) This action plan must include the following:
(i) An assessment of current and projected releases, including the preparation and maintenance of inventories of sources and estimates of releases, taking into account the source categories listed in Appendix C;
(ii) An assessment of the effectiveness of the legislation and policies applied by the Party to manage these releases;
(iii) Strategies to ensure compliance with the obligations under this paragraph, taking into account the assessments set out in items (i) and (ii);
(iv) Measures to raise awareness of the above-mentioned strategies and to promote education and training in this area;
(v) A review of these strategies every five years to determine the extent to which they have allowed the Party to fulfil its obligations under this paragraph; the results of these reviews will appear in the reports submitted pursuant to Article 15;
(vi) A timetable for the implementation of the action plan, including the strategies and measures set out therein;
(b) Encourage the application of materially possible and practical measures that enable the rapid attainment of a realistic and meaningful level of reduction of releases or removal of sources;
(c) Encourage development and, if appropriate, require the use of modified or alternative materials, products and processes to prevent the formation and release of chemical substances listed in Appendix C, taking into account the general guidelines on release prevention and reduction measures listed in the Annex C and guidelines to be adopted by decision of the Conference of the Parties;
(d) Encourage and, in accordance with the timeline for the implementation of its action plan, require the use of the best available techniques for new sources within the source categories identified by a Party as justifying such treatment as part of its action plan, initially focusing on the source categories listed in Part II of Annex C. In any event, the use of best available techniques for new sources within the categories listed in Part II of the Annex will be introduced as soon as possible and no later than four years after the entry into force of this Convention for that Party. For the categories identified, Parties will encourage the use of best environmental practices. For the application of best available techniques and best environmental practices, Parties should take into account the general guidelines on releases prevention and reduction measures set out in the Appendix C and guidance on best available techniques and best environmental practices to be adopted by decision of the Conference of the Parties;
(e) Encourage, in accordance with its action plan, the use of best available techniques and best environmental practices:
(i) For existing sources, within the source categories listed in Part II of Appendix C and source categories such as those listed in Part III of this Annex;
(ii) For new sources, within categories of sources such as those listed in Part III of Schedule C for which that Party did not do so under paragraph d.
In the application of best available techniques and best environmental practices, Parties should take into account the general guidelines on releases prevention and reduction measures set out in the Appendix C and guidance 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 Appendix C:
(i) "Best available techniques" means the most effective and advanced stage of development of activities and their modes of operation, demonstrating the practical ability of specific techniques to form, in principle, the basis for limitations of releases to prevent and, where impossible, to generally reduce releases of chemicals listed in Part I of Annex C and their impact on the environment as a whole. In this regard:
(ii) "technical" means both the technology used and the way the installation is designed, constructed, maintained, operated and off-duty;
(iii) "available" techniques mean the techniques to which the operator can access and which are developed on a scale to apply them in the industrial sector concerned, under economically and technically viable conditions, taking into account costs and benefits;
(iv) "best" means the most effective techniques to achieve a high overall level of environmental protection as a whole;
(v) "Best environmental practices" means the application of the most appropriate combination of environmental regulatory strategies and measures;
(vi) By "new source" means any source that is beginning to build or that is being substantially modified at least one year after the effective date:
(a) From this Convention to the Party concerned, or
(b) An amendment to Annex C for the Party concerned, where the source is subject to the provisions of this Convention only under this amendment;
(g) Limit values of releases or operating standards may be used by a Party to meet its obligations with respect to best available techniques under this paragraph.
Article 6
Measures to reduce or eliminate releases
of stocks and wastes
1. In order to ensure that stocks consisting of chemical substances listed in Schedule A or Annex B, or containing, and wastes, including waste products and articles that are reduced to the state of waste, consisting of chemicals listed in Annexes A, B or C, containing or contaminated by these substances, are so as to protect human health and the environment, each Party:
(a) Develop appropriate strategies to identify:
(i) Inventory of chemical substances listed in Schedule A or Appendix B, or in containers, and
(ii) Products and articles in circulation and wastes consisting of a chemical substance listed in Annexes A, B or C, containing, or contaminated with, that substance;
(b) Identify, to the extent possible, stockpiles consisting of chemical substances listed in Annex A or Annex B, or containing, on the basis of the strategies referred to in paragraph (a);
(c) Manages stocks, where appropriate, in a safe, efficient and environmentally sound manner. The stocks of chemical substances listed in Appendix A or Appendix B that are no longer permitted to use, in accordance with a specific exemption provided for in Appendix A or a specific exemption or an acceptable purpose provided for in Appendix B, except for stocks that are permitted to be exported in accordance with paragraph 2 of Article 3, are considered to be waste and are managed in accordance with paragraph (d);
(d) Takes appropriate measures to ensure that wastes, including products and articles once reduced to the state of waste:
(i) Are manipulated, collected, transported and stored in an environmentally sound manner;
(ii) Are disposed of in such a way that the persistent organic pollutants contained in them are destroyed or irreversibly transformed, so that they no longer present the characteristics of persistent organic pollutants, or otherwise disposed of in an environmentally sound manner where irreversible destruction or transformation is not the preferred ecological option or the content of persistent organic pollutants is low, taking into account international rules, standards and guidelines, including those that are
(iii) Can not be subject to disposal operations that may result in recovery, recycling, regeneration, direct reuse or other uses of persistent organic pollutants;
(iv) Do not be subject to transboundary movements without taking into account relevant international rules, standards and guidelines;
(e) Efforts to develop appropriate strategies to identify sites contaminated with chemicals listed in Annexes A, B or C; if the decontamination of these sites is undertaken, it shall be carried out in an environmentally sound manner.
2. The Conference of the Parties shall cooperate closely with the appropriate bodies of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, including:
(a) Establish the levels of irreversible destruction and transformation required to ensure that the characteristics of persistent organic pollutants listed in paragraph 1 of Annex D are not present;
(b) Determine the methods they consider to be the environmentally sound disposal referred to above;
(c) Work to establish, where appropriate, the levels of concentration of chemical substances in Annexes A, B and C to define the low persistent organic pollutant content referred to in paragraph (d) of paragraph 1.
Article 7
Implementation plans
1. Each Party:
(a) Develop and strive to implement a plan to fulfil its obligations under this Convention;
(b) Transmits its implementation plan to the Conference of the Parties within two years of the date of entry into force of the Convention with respect to it;
(c) Review and update, where appropriate, its implementation plan at regular intervals and in accordance with modalities to be specified by the Conference of the Parties in a decision to that effect.
2. Parties shall cooperate, as appropriate, directly or through global, regional and subregional organizations, and consult with their national stakeholders, including women's associations and organizations working in the field of child health, to facilitate the development, implementation and updating of their implementation plans.
3. The Parties shall endeavour to use and, where necessary, to establish means of integrating national implementation plans for persistent organic pollutants into their sustainable development strategies, as appropriate.
Article 8
Listing of chemical substances in Annexes A, B and C
1. A party may submit to the Secretariat a proposal to include a chemical in Annexes A, B and/or C. This proposal shall include the information required in Annex D. A Party may be assisted by other Parties and/or the Secretariat in the development of its proposal.
2. The Secretariat shall verify whether the proposal contains the information required in Annex D. If the Secretariat considers that the proposal contains this information, it shall forward it to the Persistent Organic Pollutants Review Committee.
3. The Committee considers the proposal and applies the selection criteria set out in Appendix D in a flexible and transparent manner, taking into account all information provided in an integrated and balanced manner.
4. If the Committee decides that:
(a) The proposal meets the selection criteria, through the Secretariat, communicates the proposal and evaluation of the Committee to all Parties and observers and invites them to submit the information required in Annex E;
(b) The proposal does not meet the selection criteria, it shall inform, through the Secretariat, all Parties and observers and shall communicate the proposal and evaluation of the Committee to all Parties and the proposal shall be rejected.
5. Any Party may resubmit to the Committee a proposal rejected by the Committee in accordance with paragraph 4. The proposal thus resubmitted may reflect the concerns of the Party in question, as well as the reasons for further consideration by the Committee. If, following this procedure, the Committee reiterates its rejection of the proposal, the Party may challenge the decision of the Committee, and the Conference of the Parties shall consider the matter at its next session. The Conference of the Parties may decide, on the basis of the criteria for the selection of Annex D and taking into account the assessment of the Committee and any additional information provided by a Party or observer, that it must be followed up on the proposal.
6. When the Committee decided that the proposal meets the selection criteria, or that the Conference of the Parties decided to follow up on the proposal, the Committee shall review the proposal, taking into account any additional relevant information received, and shall prepare a draft risk profile in accordance with Annex E. It communicates this project, through the Secretariat, to all Parties and observers, collects their technical comments and, taking into account these observations, completes the risk profile.
7. If, on the basis of the risk profile established in accordance with Annex E, the Panel decides:
(a) That the chemical is likely, as a result of its long-range spread in the environment, to have significant adverse effects on human health and/or the environment justifying the adoption of measures at the global level, the proposal is implemented. The absence of absolute scientific certainty does not prevent the continuation of the proposal. The Committee, through the Secretariat, requests all Parties and observers to provide information related to the considerations set out in Annex F. It then prepares a risk management assessment that includes an analysis of possible chemical control measures in accordance with that annex;
(b) That the proposal should not be implemented, it shall communicate, through the Secretariat, the risk profile to all Parties and observers and reject the proposal.
8. For any proposal rejected pursuant to paragraph 7 (b), a Party may request the Conference of the Parties to consider the possibility of requesting additional information from the Party that submitted the proposal and other Parties for a period not exceeding one year. Once that period has elapsed, and on the basis of any information received, the Committee shall review the proposal in accordance with paragraph 6 with a priority to be decided by the Conference of the Parties. If, following this procedure, the Committee reiterates its rejection of the proposal, the Party may challenge the decision of the Committee, and the Conference of the Parties shall consider the matter at its next session. The Conference of the Parties may decide, on the basis of the risk document prepared in accordance with Annex E and taking into account the assessment of the Committee and any additional information provided by a Party or an observer, that it must be implemented in response to the proposal. If the Conference of the Parties decides that the proposal should be followed up, the Committee shall prepare the risk management assessment.
9. Based on the risk profile referred to in paragraph 6 and the risk management assessment referred to in paragraph 7 (a) and paragraph 8, the Committee recommends that the Conference of the Parties consider whether or not the chemical sustance should be included in Annexes A, B and/or C. The Conference of the Parties, taking due account of the Committee ' s recommendations, including any scientific uncertainty, shall, in a precautionary manner, decide whether or not to include the chemical in Annexes A, B and/or C, specifying the regulatory measures of that substance.
Article 9
Exchange of information
1. Each Party shall facilitate or undertake the exchange of relevant information:
(a) To reduce or eliminate the production, use and release of persistent organic pollutants;
(b) Solutions for the replacement of persistent organic pollutants, including information on their risks and economic and social costs.
2. Parties shall exchange information referred to in paragraph 1 directly or through the Secretariat.
3. Each Party shall designate a national focal point for the exchange of such information.
4. The Secretariat plays the role of an exchange centre for information on persistent organic pollutants, including those provided by Parties and by intergovernmental and non-governmental organizations.
5. For the purposes of this Convention, information concerning the health and safety of persons and the safety and protection of the environment is not considered confidential. Parties that exchange other information under the Convention shall respect the confidential nature of information as mutually agreed.
Article 10
Public information, awareness and education
1. Each Party, to the extent of its means, promotes and facilitates:
(a) Raising awareness of persistent organic pollutants among policy makers and policy makers;
(b) The provision to the public of all available information on persistent organic pollutants, taking into account the provisions of Article 9, paragraph 5;
(c) The development and implementation of education and awareness-raising programmes, in particular for women, children and the least educated, on persistent organic pollutants, as well as their effects on health and the environment and on alternatives;
(d) Public participation in the consideration of persistent organic pollutants and their effects on health and the environment and the development of appropriate solutions, including opportunities for national contributions to the implementation of this Convention;
(e) Training of workers, scientists, educators and technical and managerial staff;
(f) The development and exchange of education and awareness materials at the national and international levels;
(g) The development and delivery of education and training programs at the national and international levels.
2. Each Party, to the extent possible, shall ensure that the public has access to the public information referred to in paragraph 1 and that such information is kept up to date.
3. Each Party, to the extent possible, encourages industry and professional users to promote and facilitate the provision of information referred to in paragraph 1 at the national level and, where appropriate, at the subregional, regional and global levels.
4. For the provision of information on persistent organic pollutants and alternatives, Parties may use technical safety sheets, reports, the media and other means of communication, and establish information centres at the national and regional levels.
5. Each Party shall consider carefully the development of mechanisms, such as pollutant release and transfer registers, for the collection and dissemination of information on estimates of annual quantities of chemicals listed in Annex A, B or C that are rejected or disposed of.
Article 11
Research and development and monitoring
1. Parties, to the extent possible, encourage and/or undertake, at the national and international levels, appropriate research, development, monitoring and cooperation activities relating to persistent organic pollutants and, where appropriate, alternatives and potential persistent organic pollutants, including:
(a) Sources and releases to the environment;
(b) Presence, levels and trends in human beings and the environment;
(c) Propagation, becoming and transforming into the environment;
(d) Effects on human health and the environment;
(e) Socio-economic and cultural impacts;
(f) Reduction or elimination of releases;
(g) Harmonized methods of inventory of sources of production and analytical techniques of measurement of releases.
2. When undertaking activities under paragraph 1, the Parties, to the extent of their means:
(a) Support and strengthen, where appropriate, international organizations, networks and programmes to define, conduct, evaluate and fund research, data collection and monitoring, taking into account the need to minimize duplication;
(b) Support national and international activities aimed at strengthening national scientific and technical research capacities, particularly in countries with economies in transition, and promoting access to data and analysis and their exchange;
(c) Take into account concerns and needs, in particular financial and technical resources, developing countries and countries with economies in transition, and cooperate in strengthening their capacity to participate in the activities referred to in subparagraphs (a) and (b);
(d) undertake research to mitigate the effects of persistent organic pollutants on reproductive health;
(e) Make the results of their research and development and monitoring activities referred to in this paragraph available to the public in a timely and regular manner;
(f) Encourage and/or undertake cooperation in the storage and maintenance of information from research and development and monitoring activities.
Article 12
Technical assistance
1. The Parties recognize that the timely provision of appropriate technical assistance at the request of Parties that are developing countries or economies in transition is essential to successfully implement this Convention.
2. Parties shall cooperate in providing timely and appropriate technical assistance to Parties that are developing countries or economies in transition to assist them, taking into account their special needs, in developing and strengthening their capacity to fulfil their obligations under the Convention.
3. In this regard, technical assistance to be provided by developed country Parties, and other Parties to the extent of their means, includes, as appropriate and as agreed by mutual agreement, the provision of technical assistance for capacity-building for the purpose of fulfilling obligations under the Convention. The Conference of the Parties will provide additional guidance in this regard.
4. Parties shall, where appropriate, make arrangements to provide technical assistance and promote the transfer of technology to Parties that are developing countries or economies in transition for the purposes of this Convention. These provisions include the establishment of regional and subregional centres for capacity-building and technology transfer to assist Parties that are developing countries or economies in transition in meeting their obligations under the Convention. The Conference of the Parties will provide additional guidance in this regard.
5. For the purposes of this Article, Parties shall take fully into account the specific needs and special circumstances of the least developed countries and small island developing States when making decisions on technical assistance.
Article 13
Financial resources and funding mechanisms
1. Each Party undertakes to provide, to the extent of its capacity, financial support and incentives for national activities aimed at achieving the objective of this Convention, in accordance with its national plans, priorities and programmes.
2. Developed country Parties provide new and additional financial resources to enable Parties that are developing countries or economies in transition to cover all agreed incremental costs of the implementation of measures to meet their obligations under the Convention, as agreed between a recipient Party and an entity participating in the mechanism described in paragraph 6. Other Parties may also, on a voluntary basis and to the extent of their means, provide such financial resources. Contributions from other sources should also be encouraged. In fulfilling these commitments, consideration is given to the need for adequate, predictable and timely funding and the importance of burden-sharing among contributing Parties.
3. Developed country Parties, and other Parties to the extent of their means and in accordance with their national plans, priorities and programmes, may also provide and Parties that are developing countries or economies in transition obtain financial resources to assist them in the implementation of this Convention by other bilateral, regional or multilateral sources and channels.
4. The extent to which developing country Parties will effectively meet their commitments under the Convention will depend on the extent to which developed country Parties will effectively meet their commitments under the Convention with respect to financial resources, technical assistance and technology transfer. It will be fully taken into account that sustainable economic and social development and poverty eradication are, for developing country Parties, the highest priority, with due regard to the need to protect human health and the environment.
5. Parties shall take full account of the specific needs and special situation of the least developed countries and small island developing States when making decisions on financing.
6. It is hereby defined a mechanism for the provision of adequate and regular financial resources to Parties that are developing countries or countries with economies in transition as a gift or concessional basis to assist them in the implementation of the Convention. For the purposes of this Convention, this mechanism will be placed under the authority, as appropriate, and the direction of the Conference of the Parties, to which it will report. Its management will be entrusted to one or more organizations, including from existing international bodies, as decided by the Conference of the Parties. The mechanism will also include other organizations providing multilateral, regional and bilateral financial and technical assistance. Contributions to the mechanism will be added to other financial transfers to Parties that are developing countries or economies in transition, as indicated in paragraph 2 and in accordance with the provisions of that paragraph.
7. In accordance with the objectives of this Convention and paragraph 6, the Conference of the Parties shall, at its first meeting, adopt appropriate guidelines for the mechanism and agree with the organization or organizations participating in the funding mechanism for arrangements to give effect to these guidelines. These guidelines will include:
(a) The definition of priorities for policies, strategies and programs, as well as clear and detailed criteria and guidelines regarding the requirements for access to and use of financial resources, including the regular monitoring and evaluation of such use;
(b) The submission to the Conference of the Parties, by the organization or agencies, of periodic reports on the adequacy and regularity of the financing of activities related to the implementation of the Convention;
(c) Promotion of methods, mechanisms and mechanisms using several sources of funding;
(d) The modalities for determining, in a predictable and clear manner, the amount of financial resources necessary and available for the purposes of the Convention, taking into account that the elimination of persistent organic pollutants may require sustained funding, and the conditions under which this amount will be subject to periodic review;
(e) The terms and conditions for providing assistance to interested parties in assessing needs and information on available sources of funding and funding, so as to facilitate coordination between them.
8. The Conference of the Parties shall, at the latest at its second meeting and thereafter periodically, consider the effectiveness of the mechanism established under this Article, its ability to address the evolving needs of Parties that are developing countries or economies in transition, the criteria and guidelines referred to in paragraph 7, the level of funding and the effectiveness of the institutional bodies responsible for managing the funding mechanism. On the basis of this review, it takes appropriate measures, where appropriate, to improve the effectiveness of the mechanism, including by making recommendations and guidelines on measures to ensure adequate and regular financial resources to meet the needs of the Parties.
Article 14
Provisional financial arrangements
The institutional structure of the Global Environment Facility, which operates in accordance with the Global Environment Facility Restructuring Instrument, acts as, on an interim basis, the principal body responsible for the operation of the financing mechanism referred to in Article 13, in the interval between the date of entry into force of this Convention and the first meeting of the Conference of the Parties, or until the Conference of the Parties decides on the institutional structure to be designated at 13. The institutional structure of the Global Environment Facility should perform this function through operational measures specifically addressing persistent organic pollutants, given that new arrangements in this area may be necessary.
Article 15
Communication of information
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 their effectiveness in achieving the objective of the Convention.
2. Each Party shall provide to the secretariat:
(a) Statistical data on the total quantities produced, imported and exported from each chemical listed in Annexes A and B, or a plausible estimate of these quantities;
(b) To the extent possible, a list of the States from which it imported each substance and the States to which it exported each substance.
3. Such information shall be communicated periodically and in a format to be determined by the Conference of the Parties at its first meeting.
Article 16
Evaluation of efficiency
1. Four years after the date of entry into force of this Convention, and periodically thereafter at intervals to which it will decide, the Conference of the Parties shall assess the effectiveness of the Convention.
2. In order to facilitate this assessment, the Conference of the Parties, at its first meeting, decides on arrangements to provide comparable monitoring data on the presence of chemicals listed in Annexes A, B and C, as well as on their environmental spread at the regional and global levels. These arrangements:
(a) Should be implemented by Parties on a regional basis, where appropriate, in accordance with their technical and financial means, taking advantage of existing monitoring programmes and mechanisms to the extent possible and promoting harmonization of approaches;
(b) Can be completed if necessary, taking into account differences between regions and their capacities to carry out monitoring activities;
(c) Provide reports to the Conference of the Parties on the results of monitoring activities at the regional and global levels, at intervals to be specified by the Conference of the Parties.
3. The assessment described in paragraph 1 is based on available scientific, environmental, technical and economic information, including:
(a) Reports and other monitoring data provided in accordance with paragraph 2;
(b) National reports submitted in accordance with Article 15;
(c) Information on non-compliance received in accordance with the procedures established under Article 17.
Article 17
Non-compliance
The Conference of the Parties shall develop and approve, as soon as possible, procedures and institutional mechanisms to determine cases of non-compliance with the provisions of this Convention and the measures to be taken with respect to Parties that contravene.
Article 18
Settlement of disputes
1. The Parties shall settle any disputes arising between them with respect to the interpretation or application of this Convention by negotiation or by any other peaceful means of their choice.
2. When ratifying, accepting or approving the Convention or acceding to it, or at any other time thereafter, any Party that is not a regional economic integration organization may declare in a written instrument submitted to the depositary that, for any dispute concerning the interpretation or application of the Convention, it recognizes as mandatory one or two means of dispute settlement in respect of any Party accepting the same obligation:
(a) Arbitration, in accordance with the procedures to be adopted as soon as possible by the Conference of the Parties in an annex;
(b) The submission of the dispute to the International Court of Justice.
3. Any regional economic integration organization Party to the Convention may make a similar declaration concerning arbitration in accordance with the procedure referred to in paragraph 2 (a).
4. Any declaration made pursuant to paragraph 2 or 3 shall remain in force until the expiry of the period specified in that declaration or until the expiry of a period of three months from the filing of the written notification of its revocation to the depositary.
5. The expiry of a declaration, the notification of the revocation of a declaration or the filing of a new declaration shall not affect proceedings before an arbitral tribunal or 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 means of settlement or any of the procedures set out in paragraph 2, and if they have failed to resolve their dispute within twelve months of notification by a Party to another party of the existence of a dispute between them, the dispute shall be submitted to a conciliation commission at the request of any of the parties to the dispute. The conciliation commission submits a report with recommendations. Additional procedures for the conciliation commission will be included in an annex to the adoption by the Conference of the Parties at its second meeting.
Article 19
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The first meeting of the Conference of the Parties shall be convened by the Executive Director of the United Nations Environment Programme one year later after the entry into force of this Convention. Subsequently, regular meetings of the Conference of the Parties will be held at regular intervals to be decided by the Conference.
3. Extraordinary meetings of the Conference of the Parties may be held at any other time if the Conference considers it necessary, or at the written request of a Party, provided that such request is supported by at least one third of the Parties.
4. The Conference of the Parties shall establish and adopt by consensus, at its first meeting, its rules of procedure and financial rules and those of any subsidiary body, as well as the financial provisions governing the functioning of the Secretariat.
5. The Conference of the Parties shall continuously monitor and evaluate the application of this Convention. It shall perform the functions assigned to it by the Convention and, to that end:
(a) Create, in accordance with the provisions of paragraph 6, the subsidiary bodies that it considers necessary for the implementation of the Convention;
(b) Cooperate, as appropriate, with relevant international organizations and intergovernmental and non-governmental organizations;
(c) periodically examines all information provided to Parties under Article 15, including the effectiveness of Article 3, paragraph 2 (b);
(d) Consider and take any other necessary measures to achieve the objectives of the Convention.
6. The Conference of the Parties shall, at its first meeting, establish a subsidiary body known as the Persistent Organic Pollutants Review Committee, which shall carry out its functions under the Convention. In this regard:
(a) Members of the Persistent Organic Pollutants Review Committee are appointed by the Conference of the Parties. The Committee is composed of specialists in the evaluation or management of chemicals designated by governments. The members of the Committee are appointed on the basis of equitable geographical distribution;
(b) The Conference of the Parties shall decide on the terms of reference, organization and operation of the Committee;
(c) The Committee spares no effort to adopt its recommendations by consensus. When all his efforts remain vain and no consensus is possible, his recommendations are adopted, as a last resort, by a two-thirds majority of the members present and voting.
7. The Conference of the Parties, at its third meeting, assesses the need for the continuation of the procedure provided for in Article 3, paragraph 2 (b), including its effectiveness.
8. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State that is not a Party to this Convention, may be represented at meetings of the Conference of the Parties as observers. Any body or body, national or international, governmental or non-governmental, competent in the areas covered by the Convention and which has informed the Secretariat of its desire to be represented at a meeting of the Conference of the Parties as an observer may be allowed to take part in it unless at least one third of the Parties present object to it. The admission and participation of observers are subject to compliance with the rules of procedure adopted by the Conference of the Parties.
Rule 20
Secretariat
1. A Secretariat is hereby established.
2. The functions of the Secretariat are as follows:
(a) Organize and provide appropriate services to meetings of the Conference of the Parties and its subsidiary bodies;
(b) Facilitate assistance to Parties, in particular Parties that are developing countries or economies in transition, upon request, for the purposes of this Convention;
(c) To ensure necessary coordination with the secretariats of other relevant international bodies;
(d) To prepare and transmit to the Parties periodic reports based on information received under Article 15 and other available information;
(e) Conclude, under the supervision of the Conference of the Parties, the administrative and contractual arrangements that may be necessary to carry out its functions effectively;
(f) Comply with other secretariat tasks specified in the Convention and any other functions that may be entrusted to it by the Conference of the Parties.
3. The secretariat functions of this Convention shall be performed by the Executive Director of the United Nations Environment Programme, unless the Conference of the Parties decides, by a three-quarters majority of the Parties present and voting, to entrust the functions of the secretariat to one or more other international organizations.
Article 21
Amendments to the Convention
1. Any Party may propose amendments to this Convention.
2. Amendments to the Convention are adopted at a meeting of the Conference of the Parties. The text of any amendment proposal shall be communicated to the Parties by the Secretariat at least six months before the meeting to which it is submitted for adoption. The Secretariat also communicates the amendment proposals to the signatories of the Convention and, as information, to the depositary.
3. Parties shall make every effort to reach agreement by consensus on any proposal to amend this Convention. If all efforts in this direction have remained in vain, the amendment shall be adopted as a last resort by a three-fourths majority vote 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. Any amendment adopted in accordance with paragraph 3 shall enter into force for the Parties having accepted it on the ninetieth day after the date of deposit of instruments of ratification, acceptance or approval by at least three quarters of the Parties. Subsequently, the amendment shall enter into force with respect to any other Party on the ninetieth day after the date of deposit by that Party of its instrument of ratification, acceptance or approval of the amendment.
Article 22
Adoption and amendment of annexes
1. Annexes to this Convention shall be an integral part of the Convention and, unless expressly provided otherwise, any reference to the Convention shall also be a reference to its annexes.
2. Any new annex deals exclusively with procedural matters or scientific, technical or administrative matters.
3. The proposal, adoption and entry into force of additional annexes to the Convention are governed by the following procedure:
(a) The additional annexes are proposed and adopted in accordance with the procedure set out in paragraphs 1, 2 and 3 of Article 21;
(b) Any Party that is not in a position to accept an additional Annex shall give such notification in writing to the depositary in the year following the date of communication by the depositary of the adoption of the supplementary Annex. The Party shall promptly inform all Parties of any notification received. A Party may at any time withdraw an earlier notification of non-acceptance of an additional Annex, and that Annex shall then enter into force with respect to that Party subject to the provisions of paragraph (c);
(c) Upon the expiration of a period of one year from the date of communication by the depositary of the adoption of a supplementary annex, the annex shall enter into force with respect to all Parties that have not communicated a notification pursuant to the provisions of paragraph b.
4. The proposal, adoption and entry into force of amendments to Annexes A, B or C shall be subject to the same procedure as the proposal, adoption and entry into force of additional Annexes to the Convention, except an amendment to Annexes A, B or C shall not enter into force in respect of a Party that has made a declaration in respect of the amendments to those Annexes under paragraph 4 of that Agreement
5. The following procedure applies to the proposal, adoption and entry into force of any amendment to Schedules D, E or F:
(a) The amendments are proposed in accordance with the procedure set out in paragraphs 1 and 2 of Article 21;
(b) Parties shall decide on any amendment to Annexes D, E or F by consensus;
(c) Any decision to amend annexes D, E or F shall be immediately communicated to the Parties by the depositary. This amendment comes into force for all Parties at a date to be specified in the decision.
6. When an additional annex or amendment to an annex relates to an amendment to the Convention, the additional Annex or the amendment shall come into force only when the amendment to the Convention enters into force.
Article 23
Voting rights
1. Each Party to the Convention shall have one vote, subject to the provisions of paragraph 2.
2. Regional economic integration organizations shall have, in order to exercise their right to vote in areas within their competence, a number of votes equal to the number of their member States that are Parties to the Convention. They shall not exercise their right to vote if any of their Member States exercises their own, and vice versa.
Article 24
Signature
This Convention is open for signature by all States and regional economic integration organizations in Stockholm, on 23 May 2001, and at United Nations Headquarters, New York, from 24 May 2001 to 22 May 2002.
Rule 25
Ratification, acceptance, approval or accession
1. This Convention is subject to ratification, acceptance or approval by States and regional economic integration organizations. It is open to the accession of States and regional economic integration organizations the day after the day it ceases to be open for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.
2. Any regional economic integration organization that becomes a Party to this Convention without any of its member States being a Party is bound by all the obligations set out in the Convention. When one or more member States of one of these organizations are Parties to the Convention, the organization and its member States agree on their respective responsibilities with respect to the fulfilment of their obligations under the Convention. In such cases, the organization and its member States are not entitled to exercise their rights under the Convention concurrently.
3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations indicate the extent of their competence in areas governed by the Convention. These organizations also inform the depositary, who in turn informs Parties of any relevant changes to the scope of their jurisdiction.
4. In its instrument of ratification, acceptance, approval or accession, any Party may declare that any amendment to Annexes A, B or C shall enter into force for it only after the deposit of its instrument of ratification, acceptance or approval of that amendment or accession to it.
Rule 26
Entry into force
1. This Convention comes into force on the ninetieth day after the date of the deposit of the fiftieth instrument of ratification, acceptance, approval or accession.
2. With respect to each State or regional economic integration organization ratifying, accepting, approving or acceding to it after the deposit of the fiftieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of the deposit by that State or that organization of its instrument of ratification, acceptance, approval or accession.
3. For the purposes of paragraphs 1 and 2, the instrument deposited by a regional economic integration organization is not considered to be added to the instruments already deposited by the member states of that organization.
Rule 27
Reservations
No reservation may be made to this Convention.
Rule 28
Denunciation
1. Upon the expiration of a period of three years from the date of entry into force of this Convention in respect of a Party, the Party may at any time denounce the Convention by written notification given to the depositary.
2. The denunciation shall take effect upon the expiration of one year from the date of receipt of the notification of denunciation by the depositary, or at any later date specified in the notification of denunciation.
Rule 29
Depositary
The Secretary-General of the United Nations is the depositary of this Convention.
Rule 30
Faithful texts
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, is deposited with the Secretary-General of the United Nations.
In faith, the undersigned, to this duly authorized, have signed this Convention.
Done in Stockholm, May 22, 2001.
A N N E X E A
ELIMINATION
Part I
You can see the table in the OJ
n° 196 of 24/08/2004 text number 32
Notes
(i) Unless otherwise provided in the Convention, quantities of a chemical that are not intentionally present in products and articles in the form of contaminant in the trace state are not considered to fall within this annex.
(ii) This note shall not be considered to constitute a specific exemption for production and use for the purposes of paragraph 2 of Article 3. The quantities of a chemical in the form of constituents of manufactured articles or already in circulation before or on the date of entry into force of the relevant obligation with respect to that substance are not considered to fall within this annex, provided that the Party has notified the Secretariat that a particular type of article is still in circulation in that Party. The Secretariat shall make such notifications available to the public.
(iii) This note, which does not apply to chemicals whose name is followed by an asterisk in the "Chemical Substance" column of the first part of this annex, shall not be considered to be a specific exemption for production or use for the purposes of section 3, paragraph 2. Since significant quantities of the chemical substance are not expected to reach human beings and the environment in the production and use of a closed-circuit intermediary at a specified site, a Party that notifies the Secretariat may authorize the production and use, as a closed-circuit intermediary at a specified site, of quantities of a chemical substance listed in this chemically processed Annex in the manufacture of other chemical substances This notification includes data on the total production and use of this chemical or a plausible estimate of this data and information on the nature of the closed-circuit process at a specified site, including the amount of persistent organic pollutant used as a non-processed and unintentionally present as a trace-state contaminant in the final product. This procedure applies unless otherwise provided in this annex. The Secretariat shall make such notifications available to the Conference of the Parties and the public. This production or use is not considered a specific exemption in terms of production or use. This production and use shall be terminated after ten years, unless the Party concerned sends a new notification to the Secretariat, in which case the deadline is extended by ten years, unless the Conference of the Parties decides otherwise, after consideration of production and use. The notification procedure may be repeated.
(iv) The Parties that have registered them in respect of them in accordance with Article 4 may avail themselves of all specific exemptions provided for in this Annex, with the exception of the use of polychlorinated biphenyls in the articles in circulation in accordance with the provisions of Part II of this Annex, which all Parties may avail themselves of.
Part II
Polychlorobiphenyls
Each Party:
(a) With regard to the elimination of the use of polychlorinated biphenyls in equipment (e.g. transformers, condensers, or other liquid-containing receptacles) by 2025, subject to consideration by the Conference of the Parties, take action in accordance with the following priorities:
(i) Resolutely use to identify, label and remove from circulation equipment containing more than 10% and 5 litres of polychlorinated biphenyls;
(ii) Resolutely use to identify, label and remove from circulation equipment containing more than 0.05% and 5 litres of polychlorinated biphenyls;
(iii) Endeavour to identify and remove from circulation equipment containing more than 0.005% and 0.05 litre of polychlorinated biphenyls;
(b) In accordance with the priorities set out in paragraph (a), the following measures are taken to reduce exposure and risks to regulate the use of polychlorinated biphenyls:
(i) Use only in unspoiled equipment that does not run away and only in places where the risk of environmental release can be minimized and where it can be quickly remedied;
(ii) No use in equipment located in places related to the production or processing of food or animal feeds;
(iii) In the case of use in populated areas, including schools and hospitals, all measures that can reasonably be taken to prevent electrical failures that could cause fire, and regularly inspect equipment to detect leakage;
(c) Notwithstanding 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 the environmentally sound management of wastes;
(d) Except for maintenance and maintenance operations, does not allow recovery for reuse in other equipment of liquids with a polychlorinated content of more than 0.005%;
(e) Resolutely strives to achieve environmentally sound management of liquid wastes containing polychlorinated biphenyls and equipment contaminated with polychlorinated biphenyls with a content of polychlorinated biphenyls exceeding 0.005%, in accordance with the provisions of Article 6, paragraph 1, as soon as possible and no later than 2028, subject to review by the Conference of the Parties;
(f) Instead of note ii of the first part of this annex, efforts are made to identify other articles with polychlorinated biphenyls content exceeding 0.005% (e.g. cable sheaths, calfating materials and painted objects) and to manage them in accordance with paragraph 1 of Article 6;
(g) Prepares a report every five years on the progress made in the elimination of polychlorinated biphenyls and submits it to the Conference of the Parties under Article 15;
(h) The reports referred to in paragraph (g) shall, as appropriate, be considered by the Conference of the Parties as part of the review of polychlorinated biphenyls. The Conference of the Parties shall consider the progress made in the elimination of polychlorinated biphenyls every five years or another periodicity, as appropriate, taking into account the above-mentioned reports.
A N N E X E B
RESTRICTION
Part I
You can see the table in the OJ
n° 196 of 24/08/2004 text number 32
Notes
(i) Unless otherwise provided in the Convention, quantities of a chemical that are not intentionally present in products and articles in the form of contaminant in the trace state are not considered to fall within this annex.
(ii) This note shall not be considered to constitute a specific exemption or for an acceptable purpose regarding production or use for the purposes of paragraph 2 of Article 3. The quantities of a chemical in the form of constituents of manufactured articles or already in circulation before or on the date of entry into force of the relevant obligation with respect to that substance are not considered to fall within this annex, provided that the Party has notified the Secretariat that a particular type of article is still in circulation in that Party. The Secretariat shall make such notifications available to the public.
(iii) This note shall not be considered to constitute a specific exemption for production or use for the purposes of paragraph 2 of Article 3. Since significant quantities of the chemical substance are not expected to reach human beings and the environment in the production and use of a closed-circuit intermediary at a specified site, a Party that notifies the Secretariat may authorize the production and use, as a closed-circuit intermediary at a specified site, of quantities of a chemical substance listed in this chemically processed Annex in the manufacture of other chemical substances This notification includes data on the total production and use of this chemical or a plausible estimate of this data and information on the nature of the closed-circuit process at a specified site, including the amount of persistent organic pollutant used as a non-processed and unintentionally present as a trace-state contaminant in the final product. This procedure applies unless otherwise provided in this annex. The Secretariat shall make such notifications available to the Conference of the Parties and the public. This production or use is not considered a specific exemption in terms of production or use. This production and use shall be terminated after 10 years, unless the Party concerned sends a new notification to the Secretariat, in which case the deadline is extended by ten years, unless the Conference of the Parties decides otherwise, after a review of production and use. The notification procedure may be repeated.
(iv) Parties that have registered them with respect to them in accordance with Article 4 may avail themselves of all specific exemptions provided for in this Annex.
Part II
DDT (1-1-1-trichloro-2.2bis[4-chlorophenyl]ethane)
1. The production and use of DDT is eliminated, except for Parties that notified the Secretariat of their intention to produce and/or use DDT. A DDT register accessible to the public is hereby established. The Secretariat maintains the DDT register.
2. Each Party that produces and/or uses DDT limits this production and/or use in the fight against pathogenic vectors in accordance with the recommendations and direct lines of the World Health Organization relating to the use of DDT, provided that the Party in question does not have safe, effective and affordable local alternatives.
3. In the event that a Party not included in the DDT registry determines that it needs DDT for disease vector control, it shall notify the Secretariat as soon as possible to be immediately registered in the DDT registry. She also notified the World Health Organization at the same time.
4. Each Party that uses DDT shall provide every three years to the Secretariat and the World Health Organization information on the amount used, the conditions of use and its interest in the prophylactic strategy of that Party, in a form 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 encourages:
(a) Any Party using DDT to develop and implement an action plan as part of the implementation plan referred to in Article 7. This action plan includes:
(i) Developing regulatory and other mechanisms to ensure that the use of DDT is limited to the control of pathogenic vectors;
(ii) The use of adequate alternatives, methods and strategies, including resistance management strategies to ensure that these alternatives remain effective;
(iii) Measures to strengthen health care and reduce the incidence of the disease;
(b) Parties to promote, to the extent possible, the research and development of chemical and non-chemical substances, safe alternative methods and strategies for Parties using DDT, in relation to the situation of those countries, with the aim of reducing the burden of disease for men and the economy. The factors that need to be prioritized in the study of alternatives or alternative solutions combinations include the risks to human health and the environmental impacts of these alternatives. Sustainable DDT alternatives must be less risk to human health and the environment, suitable for disease control in the light of the situation of each Party and supported by monitoring data.
6. From its first meeting, and at least every three years thereafter, the Conference of the Parties, in consultation with the World Health Organization, assesses whether DDT remains necessary to combat pathogens, based on available scientific, technical, environmental and economic information, including:
(a) The production and use of DDT and the conditions set out in paragraph 2;
(b) Availability, relevance and application of alternatives to DDT;
(c) Progress in strengthening the capacity of countries to use these alternatives safely.
7. A Party may withdraw from the DDT register at any time, with written notification to the Secretariat. This withdrawal shall take effect on the date specified in the notification.
A N N E X E C
PRODUCTION NON INTENTIONNELLE
Part I
Persistent organic pollutants submitted
the obligations set out in Article 5
This Appendix applies to the following persistent organic pollutants, when produced and unintentionally released by anthropogenic sources:
Chemical substance
Polychlorodibenzo-p-dioxins and dibenzofurans (PCDD/ PCDF).
Hexachlorobenzene (HCB) (CAS No.: 118-74-1).
Polychlorobiphenyls (PCBs).
Part II
Source categories
Polychlorodibenzo-p-dioxins and dibenzofurans, hexachlorobenzene and polychlorinated biphenyls are produced and unintentionally released in thermal processes involving organic matter and chlorine, due to incomplete conbustion or chemical reactions. The following categories of industrial sources have a relatively high potential for the production and release of these substances into the environment:
(a) Waste incinerators, including co-incinerators of municipal, hazardous or medical waste, or wastewater waste;
(b) Burning hazardous waste in cement kilns;
(c) The production of pulp using elemental chlorine, or chemical substances producing elemental chlorine, for bleaching;
(d) The following thermal processes in the metallurgical industry:
(i) Secondary copper production;
(ii) Frying facilities of the metallurgical industry;
(iii) Secondary aluminum production;
(iv) Secondary zinc production.
Part III
Source categories
Polychlorodibenzo-p-dioxins and dibenzofurans, hexachlorobenzene and polychlorinated biphenyls may also be produced and unintentionally released by the following source categories, including:
(a) Open burning of waste, including in discharges;
(b) Thermal processes of the metallurgical industry other than those mentioned in Part II;
(c) Residential combustion sources;
(d) The combustion of fossil fuels in central boilers and industrial boilers;
(e) Wood burning facilities and biomass fuels;
(f) Specific processes for the production of chemical substances resulting in the release of unintentionally produced persistent organic pollutants, including the production of chlorophenols and chloranile;
(g) Crematory ovens;
(h) Motor vehicles, especially those using leaded gasoline;
(i) The destruction of animal carcasses;
(j) The dye of textiles or leather (in chloranile) and finish (alkaline extraction);
(k) Vehicle wrecking facilities;
(l) The slow heating of copper cables;
(m) Waste oil refineries.
Part IV
Definitions
1. For the purposes of the annex presence:
(a) "Polychlorobiphenyls" means aromatic compounds whose structure is such that hydrogen atoms of the biphenyl molecule (two benzenic cycles connected by a single carbon-carbon bond) can be replaced by a number of chlorine atoms up to ten;
(b) "Polychlorodibenzo-p-dioxins" and "polychlorodibenzofurans" means tricyclic aromatic compounds formed by two benzenic cycles connected by two oxygen atoms in the case of polychlorodibenzo-p-dioxins and an oxygen atom and a carbon-carbon bond in the case of polychlorodibenzofurans, and
2. In this annex, the toxicity of polycholorodibenzo-p-dioxins and dibenzofurans is expressed using the notion of toxic equivalence, which defines the relative toxic activity of dioxin type of different congeners of polychlorodibenzo-p-dioxins and dibenzofurans and coplanar polychlorinated biphenyls, as compared to 2, The toxic equivalence factors to be used for the purposes of this Convention shall be in accordance with the approved international standards, beginning with the toxic equivalence factors for mammals published in 1998 by the World Health Organization concerning polychlorodibenzo-p-dioxins and dibenzofurans and coplanar polychlorinated biphenyls. The concentrations are expressed in toxic equivalence.
Part V
General guidelines on best techniques
and best environmental practices
This Part contains general guidance to Parties on the prevention or reduction of releases of chemicals listed in Part I.
A. - General prevention measures for both best available techniques and best environmental practices
Priority should be given to examining methods to prevent the formation and release of chemicals listed in Part I. The following are useful measures:
(a) Use of a technology that produces little waste;
(b) Use of less dangerous chemicals;
(c) Promotion of waste recovery and recycling, as well as substances produced and used in applied processes;
(d) Replacement of starting materials that are persistent organic pollutants or directly related to the release of persistent organic pollutants from the source;
(e) Good management and preventive maintenance programs;
(f) Improvement of waste management methods with the aim of ending their open-air combustion or other uncontrolled forms, including in landfills. When considering proposals for the construction of new waste disposal facilities, alternatives such as activities to minimize the production of municipal and medical wastes, including reuse, recycling, segregation of wastes and the promotion of waste-generating products should be considered. In this regard, public health concerns should be carefully taken into account;
(g) Minimizing these chemicals as contaminants in products;
(h) Exclusion of elemental chlorine or chemical substances generating elemental chlorine for bleaching.
B. - Best available techniques
The concept of "best available techniques" is not intended to prescribe a particular technique or technology; it takes into account the technical specifications of the facility concerned, its geographic location and local ecological conditions. Control techniques that are appropriate to reduce releases of chemical substances listed in Part I are generally the same. To determine what best available techniques are, in general and in particular cases, particular attention should be paid to the factors listed below, bearing in mind the likely costs and benefits of the measure being considered and the precautionary and preventive considerations:
(a) General considerations:
(i) Nature, effects and mass of the releases concerned; techniques may vary depending on the size of the source;
(ii) Date of commissioning of new or existing facilities;
(iii) Time required to introduce the best available techniques;
(iv) Nature and consumption of raw materials used for the process, and energy efficiency of the process;
(v) The need to prevent or minimize the overall impact of releases to the environment and the risks to the environment;
(vi) The need to prevent accidents or minimize their environmental consequences;
(vii) The need to protect the health of workers and ensure their safety in the workplace;
(viii) Similar processes, facilities or modes of operation that have been successfully tested at an industrial scale;
(ix) Progress in technology and evolution of scientific knowledge.
(b) General Release Reduction Measures:
When considering proposals for the construction of new facilities or for a substantial modification of existing facilities using processes leading to releases of the chemical substances listed in this annex, priority should be given to consideration of alternative processes, techniques or methods that are of the same relevance but avoid the formation and release of these chemicals. In cases of construction or substantial modification of such facilities, in addition to the preventive measures referred to in section A of Part V, the following reduction measures could be considered to determine the best available techniques:
(i) Use better methods for cleaning combustion gases, such as thermal or catalytic oxidation, dust precipitation or absorption;
(ii) Treatment of waste, waste water, waste and sewage sludge by thermal treatment, treatment that makes them inert or chemical process detoxifying them, for example;
(iii) Modifying processes leading to a reduction or elimination of releases, such as the use of closed-circuit systems;
(iv) Modifying process design to improve combustion and prevent the formation of chemical substances listed in this annex, through the control of parameters such as incineration temperature and stay time.
C. - Best environmental practices
The COP will be able to develop guidance on best environmental practices.
A N N E X E D
INFORMATION REQUIRED AND SELECTION CRITERIA
1. A Party that submits a proposal to include a proposal of a chemical substance in Annexes A, B and/or C identifies this substance in the manner described in paragraph (a) and provides information on that substance, and if any on its processing products, that relate to the selection criteria set out in subparagraphs (b-e):
(a) Chemical identity:
(i) Calls, including trade name(s), brand name(s) and synonyms, file number of the Chemistry Analytical Summary Service (CAS), appellation de l'Union internationale de chemistry pur et applied (UICPA); and
(ii) Structure, including isomers specification, where applicable, and chemical class structure;
(b) Persistence:
(i) Proof that the half-period of life of the chemical in water is greater than two months, or that in the soil it is greater than six months, or that in the elements it is greater than six months; or
(ii) Proof that the substance is also sufficiently persistent to justify its review under this Convention;
(c) Bioaccumulation:
(i) Evidence that the bioconcentration factor or bioaccumulation factor corresponding to the chemical in aquatic species is greater than 5,000 or, in the absence of data on these factors, that log Koe is greater than 5;
(ii) Evidence that the chemical provides other grounds of concern, such as high bioaccumulation in other species or high toxicity or ecotoxicity; or
(iii) Data from biota monitoring indicating that the potential for bioaccumulation of the substance is sufficient to justify its review under this Convention;
(d) Long-range spread potential in the environment:
(i) Concentrations of the chemical identified in places away from sources of potentially disturbing release;
(ii) Monitoring data indicating that a long-range spread of the substance by air, water or migratory species, with potential for transfer to a receiving environment, may have occurred; or
(iii) Properties of the substance from the point of view of its becoming in the environment and/or results of models demonstrating that it can be propagated in the environment over long distances by air, water or migratory species, and result in a receiving environment in places away from sources of release. In the case of a substance with significant atmospheric propagation, the half-period of life in the air should be more than two days;
(e) Noxious effects:
(i) Evidence of adverse effects on human health or the environment justifying the examination of the substance under this Convention; or
ii) Toxicity or ecotoxicity data indicating that the substance may be harmful to human health or the environment.
2. The party submitting the proposal presents a statement of its reasons for concern, including, where possible, a comparison of the toxicity or ecotoxicity data showing the detected concentrations of the chemical as a result of its long-range spread in the environment, and a brief statement highlighting the need for global regulation.
3. The Party submitting the proposal, to the extent possible and taking into account its means, shall provide additional information in support of the consideration of the proposal referred to in Article 8, paragraph 6. To develop such a proposal, a Party may use the technical expertise of any source.
A N N E X E
INFORMATION REQUIRED FOR RISK DESCRIPTION
The purpose of the review is to assess whether a chemical is likely, as a result of its long-range environmental spread, to have significant adverse effects on human health and/or the environment, justifying the adoption of global measures. To this end, a risk-critif that supplements and assesses the information referred to in Appendix D is developed; This description shall include, to the extent possible, the following types of information:
(a) Sources, including, where appropriate, information on:
(i) Production, including quantity and location;
(ii) Uses;
(iii) Release, loss and emissions;
(b) Assessment of hazard to the threshold(s) of concern, including a study of toxicological interactions between various chemical substances;
(c) Becoming in the environment, including data and information on the physical and chemical properties of the substance and its persistence and relationship with its spread in the environment, its transfer to and between various backgrounds, its degradation and its transformation into other substances. A determination of bioconcentration and bioaccumulation factors, based on measured values, is presented unless the monitoring data is estimated to meet this need;
(d) Monitoring data;
(e) Exposure to specific points, in particular as a result of long-range environmental transport, including information on bioavailability;
(f) National and international risk assessments or descriptions, labelling information and hazard classifications, to the extent that such information is available;
(g) Status of the chemical under international conventions.
A N N E X E F
INFORMATION
SOCIO-ECONOMIC CONSIDERATIONS
An assessment of possible chemical control measures envisaged under this Convention should be undertaken, taking into account all possibilities, including management and disposal. To that end, relevant information should be provided on the socio-economic implications of possible regulatory measures to enable the Conference of the Parties to take a decision. This information should take due account of the different capacities and situations of the Parties, and should include consideration of the items listed in the indicative list as follows:
(a) Effectiveness and efficiency of possible regulatory measures to meet the risk reduction objectives:
(i) Technical feasibility;
(ii) Costs, including environmental and health costs;
(b) Other solutions (products and processes):
(i) Technical feasibility;
(ii) Costs, including environmental and health costs;
(iii) Effectiveness;
(iv) Risk;
(v) Availability;
(vi) Accessibility;
(c) Positive and/or negative impacts on society of possible regulatory measures:
(i) Health, including public, environmental and occupational health;
(ii) Agriculture, including aquaculture and forestry;
(iii) Biotes (biodiversity);
(iv) Economic aspects;
(v) Development towards sustainable development;
(vi) Social costs;
(d) Effects of waste and disposal (especially obsolete stocks of pesticides and decontamination of contaminated sites):
(i) Technical feasibility;
(ii) Cost;
(e) Access to information and public education;
(f) State of means of control and monitoring;
(g) Any national or regional regulatory action adopted, including information on alternatives and other relevant information on risk management.
Done in Paris, August 13, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Foreign Affairs,
Michel Barnier
