Act No. 2016-05 Of 06 January 2016

Original Language Title: Loi n° 2016-05 du 06 janvier 2016

Read the untranslated law here: http://www.jo.gouv.sn/spip.php?article10703

Law No. 2016-05 of 06 January 2016 Act No. 2016-05 of 06 January 2016 authorising the President of the Republic to ratify the Convention of Minamata mercury adopted in Kumamoto (Japan), October 10, 2013.

Explanatory statement following the severe damage and damage caused by the emissions and anthropogenic releases of mercury and its compounds identified in the Japanese city of Minamata, the international community deemed it necessary to take control of this scourge.

So animated by the desire to protect the world's population and the environment against the adverse effects of mercury, the Member countries of the United Nations Programme for the environment (UNEP) after 12 years of negotiations, in accordance with the principles of the Rio Declaration of 1992 on the environment, adopted on 13 October 2013 in Kumamoto in Japan, at a diplomatic Conference is devoted the Minamata Convention on mercury. 92 countries, including Senegal, proceeded to the signing of the Convention on that occasion (October 13, 2013).

The Minamata Convention on mercury, composed, in addition to the preamble, of 35 articles and five annexes (A, E, C, D, E), was adopted in a context where the exploitation of mercury, for different purposes (medical, energy, technological), anywhere in the world, poses a real threat for the health of humanity and the environment.

This Convention sets as its main objective to protect human health and the environment from mercury emissions in the air and releases of its compounds in water and soil.

It regulates, in addition, in detail, the use of mercury, and invite any State party to ensure compliance with these provisions, including:-the prohibition, in term of mining (ban on the entry into force of the Treaty, and within a period of 15 years for existing operations after ratification by the parties);
-the control of trade with the establishment of a procedure of consent written;
-the fixing of the evolutionary of prohibition (2018-2020) lists or restriction for mercury-containing products and processes using it.
-the control of atmospheric emissions (establishment of National Plans of voluntary actions);
-control of artisanal gold mining using mercury for the amalgamation of the gold through national action plans mandatory for those States which themselves declare concerned; and - the environmentally sound management of wastes and the storage.

The first Conference of States parties to the Convention of Minamata will be held, no later than one year after the entry into force of the said Convention, convened by the Executive Director of UNEP. This Assembly will decide the periodicity in respect the holding of the Conference of the parties, and the date for submission of periodic reports by States parties.

The Convention also provides for the establishment of a Committee for implementation and compliance with obligations (article 15), body composed of 15 members elected by the Conference, and to promote the implementation of the Convention.

This Convention shall enter into force on the ninetieth (90th) day after the deposit of the fiftieth (50th) instrument of ratification, acceptance, approval or accession (article 31). The date of August 13, 2014, only two countries including the States United of America and Guinea ratified the Convention.

Any State party may propose amendments to the Convention will be considered in accordance with the procedure described in article 26 of this Convention.

The Secretary-General of the United Nations is the depositary of the Convention (article 31).

No reservations to the Convention may be made (article 32). In addition, any State party, at the expiry of a period of three years to the date of entry into force of this Convention, may at any time withdraw from the Convention after a written notification to the depositary.

Senegal, in ratifying the Convention, is already ways to prevent and control risks that could result in mismanagement of mercury from artisanal mining and small scale of gold in the area South - East of the country, Sabadola.

Such is the economy of the present Bill.

The National Assembly adopted in its session of Monday, December 28, 2015, the President of the Republic enacts the law whose content follows: sole Article. -The President of the Republic is authorized to ratify the Convention of Minamata mercury adopted in Kumamoto (Japan), October 10, 2013.

This Act will be enforced as law of the State.

Made in Dakar, 06 January 2016 Macky SALL.
The President of the Republic: Prime Minister Mahammed Boun Abdallah DIONNE CONVENTION of MINAMATA on the mercury text and ANNEXES this brochure is published for information purposes only. It does not replace the authentic original texts of the Convention of Minamata mercury, which have been deposited with the Secretary-General of the United Nations in his capacity as depositary of the Convention.


INTRODUCTION in 2001, the Governing Council of the United Nations Programme for the environment (UNEP) invited the Executive Director of UNEP to undertake a global assessment of mercury and its compounds, which would explain the chemistry of this body, its effects on health, its sources and its modes of long-range, indicating the measures of prevention and control technologies. In 2003, the Governing Council considered this assessment and considered that it had sufficient evidence attesting that this substance had significant impacts at the global level to justify international intervention, aimed at reducing the risks posed by mercury and its compounds to human health and the environment. Governments have been strongly encouraged to set goals on emissions and releases of mercury and UNEP is committed to provide technical assistance and undertake capacity-building activities to achieve these objectives.

Mercury is known for the severity of its neurotoxic effects, including, and it arouses great concern because of its adverse effects on unborn children and infants.

It is mainly because mercury spreads in the environment at the global level that it has found it necessary to act at this level to address the problem of pollution is originally. A program was developed to address these concerns, which was subsequently strengthened by the Governments in implementation of the resolutions of the Board of Directors in 2005 and 2007.

In its 2007 decision, the Council agreed to study and evaluate options to move forward on the issue, including freely agreed measures or the use of new international legal instruments or in force.

In 2009, after a thorough review of the issue, the Governing Council concluded that freely agreed measures did little to respond to concerns about mercury and decided that further measures were necessary, including the development of an international instrument legally binding.

It established the Intergovernmental Negotiating Committee to prepare an international legally binding instrument on mercury, whose work should start in 2010 and end before the twenty-seventh session of the Governing Council in 2013 the Committee has been provided with a detailed terms of reference specifying the matters on which the text of the instrument should expressly address, as well as a number of other elements to be taken into account in the negotiations. .

In January 2013, the Intergovernmental Negotiating Committee concluded its fifth session agreeing on the text of the Convention of Minamata on mercury, which was adopted by the Conference of Plenipotentiaries on October 10, 2013 at the Japan then opened for signature.

The Convention is intended to protect human health and the environment from emissions and anthropogenic releases of mercury and its compounds and provides a series of measures to this end.

These measures aim to regulate the supply and demand of mercury, including by limiting certain sources of mercury such as primary extraction, and to regulate mercury-containing products and manufacturing processes involving mercury or its compounds, and the artisanal and small-scale gold.

The text of the Convention contains separate articles for emissions and releases of mercury as well as provisions to reduce mercury levels while allowing some flexibility to take into account national development plans.

In addition, certain provisions intended the environmentally sound storage of mercury and its waste and the rehabilitation of contaminated sites.

The text also provides for the provision of technical and financial support to developing countries or economies in transition and is the mechanism that will provide sufficient, timely and predictable financial resources.

Governments are invited and encouraged to sign the Convention to the office of the depositary, at the headquarters of the Organization of the United Nations, during its opening for signature (until October 9, 2014). They are also encouraged to participate in its implementation and to become party to it quickly enters into force.


The coordinated implementation of the obligations of the Convention should, over time, reduce mercury levels in the environment and thus achieve the objective of the Convention, namely to protect human health and the environment from emissions and anthropogenic releases of mercury and its compounds.


CONVENTION of MINAMATA mercury the Parties to this Convention, recognising that mercury is a chemical substance of concern internationally given its atmospheric transport long-distance, its persistence in the environment once it has been introduced by humans, potential for bioaccumulation in ecosystems and its adverse effects on human health and the environment Recalling decision 25/5, adopted on February 20, 2009 by the Governing Council of the United Nations Environment Programme, asking to initiate international action to manage mercury's efficient, effective and coherent manner, recalling paragraph 221 of the final document of the United Nations Conference on sustainable development "the future we want", who hoped the outcome of the negotiations on the elaboration of an instrument intemational legally binding on mercury own to eliminate the risk that the latter presents to human health and the environment.

Recalling the reaffirmation by the the United Nations Conference on the sustainable development of the principles of the Rio Declaration on environment and development, including common but differentiated responsibilities, and recognizing the situations and respective capabilities of States as well as the need for action at the global level, aware of the health concerns, especially in developing countries resulting from exposure to mercury of vulnerable populations , including women, children and, through them, future generations, noting the vulnerability particular of ecosystems Arctic and indigenous communities because of the biomagnification of mercury and contamination of food traditional and more generally concerned by the situation of the indigenous communities with regard to the effects of mercury, recognizing the important lessons learned from Minamata disease particularly serious effects on health and the environment resulting from pollution by mercury, as well as the need to ensure proper management of mercury and to prevent that such events occur in the future, emphasizing the importance of a financial, technical and technological assistance as well as a capacity-building, in particular for developing countries and countries with economies in transition to strengthen national capacities for the purposes of the management of mercury and to promote the implementation of the Convention, recognizing also the activities related to mercury carried out by the world Organization of health protection of human health and the role of multilateral agreements on the relevant environment, in particular the Basel Convention on the control of transboundary movements of hazardous waste and their disposal and the Rotterdam Convention on the prior informed consent procedure for certain chemicals and pesticides informed hazardous which are subject to international trade, recognising that this Convention and other international agreements relating to the environment and trade are complementary, noting that no provision of this agreement is intended to modify the rights and obligations of any party deriving from any existing international agreement , .

Understanding that the preamble preceding is not intended to create a hierarchy between this Convention and other international instruments, noting that nothing in this Convention shall prevent a party to other national measures in accordance with provisions of the Convention in order to protect human health and the environment from exposure water mercury in accordance with the other obligations of that party under applicable international law , Have agreed as follows: Article 1. -Goal the objectlf of this Convention is to protect human health and the environment from emissions and anthropogenic releases of mercury and mercury compounds.

Section 2. (-Definitions for the purposes of this Convention: a) by «mining artisanal and small-scale gold», means the mining of gold by individual miners or small businesses including investment and production are limited;

(b) by 'best available techniques' means the most effective techniques to prevent and, where this is not possible, reduce air emissions and releases of mercury in water and soil and their impact on the environment as a whole, taking into account the economic and technical parameters entering consideratlon to a particular party or a facility located on the territory of that party. In this context: i) 'best' means most effective techniques for achieving a high general level of protection of the environment as a whole;

(ii) 'available' techniques means, with regard to a given party and a facility located on the territory of that party, the techniques developed to a scale to be implemented in an industry relevant in conditions economically and sustainable techniquernent, taking into account costs and benefits, that these techniques are used or developed on the territory of that party , provided that they are accessible to the operator of the facility, as determined by this part; and iii) «technical», means the technologies used, operating modes and the manner in which facilities are designed, constructed, maintained, operated and decommissioned;

(c) by "best environmental practices" means the application of the most appropriate combination of environmental strategies and control measures;

(d) "Mercury" means elemental mercury (Hg (O), CAS No.: 7439-97-6);

(e) "composed of mercury", means any substance composed of atoms of mercury and of one or more atoms of other chemical elements that cannot be separated into its components by chemical reaction;

(f) by "product containing added Mercury", means a product or component of a product that contains mercury or a compound of mercury added intentionally;

(g) "Party" means, a State or a regional economic integration organization that has consented to be bound by this Convention and for which the Convention is in force;

(h) «Parties present and voting» means Parties casting an affirmative or negative vote at a meeting of the Parties;

(i) "primary mining of mercury" means a mining activity in which the main desired substance is mercury;

(J) by 'regional economic integration organisation' means an organisation constituted by sovereign States of a given region, to which its Member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized, in accordance with its internal procedures to sign, ratify, accept or approve the Convention, or to accede to them; and k) "permitted use" means any use, by part, mercury or mercury compounds that is consistent with this Convention, including, inter alia, the uses comply with articles 3, 4, 5, 6 and 7.

Article 3. -Sources of mercury and trade 1. For the purposes of this article: a) "Mercury" refers also to mixtures of mercury with other substances, including alloys with a mercury concentration of at least 95% by weight; and (b)) "mercury compounds" means chloride mercury (I) or calomel, mercury (II) oxide, sulfate, mercury (II) nitrate of mercury (II), cinnabar and mercury sulfide.

2. the provisions of this section do not apply: a) the quantities of mercury or mercury compounds to be used for the research laboratory or as a reference standard;

(b) Mercury and the mercury compounds naturally present in trace amounts in products such as certain metals, minerals or minerals without mercury including coal, or products derived from these materials or quantities not intentionally in the trace chemical state;

(c) Mercury-containing products added.

3. each, part ensures that no activity primary mining of mercury outside those that existed at the date of entry into force of the Convention in its regard is conducted on its territory.


4. each party allows the continuation of the activities-for mining primary mercury carried out within its territory at the date of entry into force of the Convention in her respect for a maximum period of 15 years after that date. During this period, mercury thus obtained can be used to manufacture products containing added mercury, in accordance with article 4, or be used in methods referred to in article 5. Failing that, it must be removed in accordance with the provisions of article 11, by operations that do not lead to recovery, recycling, regeneration, the direct reuse or any other use.

(5. each party: a) strives to identify the stocks individual mercury or compounds of mercury more than 50 metric tons and the sources of supply of mercury producing stocks of more than 10 tonnes per year that are on its territory;

(b) taking steps to ensure, if this part establishes the existence of surplus mercury from the chlor-alkali plants decommissioning, that it is eliminated in accordance with the guidelines on the environmentally sound management referred to in paragraph a) of paragraph 3 of article 11, by operations which do lead not to the recovery, recycling, regeneration Direct reuse or any other use.

((6. each Party shall ensure that there is no export of mercury except: has) destined for a party who has given his consent written in the exporting Party and only view: i) a use permitted in the importing party under this agreement; or ii) environmentally interim storage as described in section 10; (or b) to a non-party State which has given its written consent to the exporting Party, including a certificate that: i) this State not party took measures to ensure the protection of human health is of the environment and the application of the provisions of articles 10 and 11; and ii) Mercury will be only for use allowed a party under this Convention or environmentally sound storage as shown in article 10.

7 an exporting Party may rely on a general notification transmitted to the Secretariat by the importing State party or non-party, as a written consent as required in paragraph 6. Such a general notification sets out the terms and conditions of the consent of the importing State party or non-party. Notification may be revoked at any time by that State party or non-party.

The Secretariat shall maintain a public register of all such notifications.

8. each Party shall ensure that there is no no imports of mercury from a State party to which it will give his consent unwritten unless the State non-party had certified him that mercury is not from identified sources as non-permitted under subsection 3 or paragraph (b)), paragraph 5.

9 a party submitting a general notification of consent in respect of paragraph 7 may decide not to apply paragraph 8, provided that restrictions extended on exports of mercury and national measures are in place to ensure that any mercury is managed in an environmentally sound manner.

The Party shall transmit to the Secretariat a notification of this decision, that contains information describing its export restrictions and its national regulatory measures as well as information on the quantities of mercury and the country of origin of any mercury from non-States Parties, the Secretariat maintains a public registry of all such notifications.

Implementation and the Compliance Committee examines and evaluates all notifications and information in support of the latter in accordance with article 15, and may make recommendations to the Conference of the Parties, as appropriate.

10. it is possible to have recourse to the procedure referred to in paragraph 9 until the conclusion of the second meeting of the Conference of the Parties. After this meeting, it won't be possible to resort to the above procedure, unless the COP decides otherwise by simple majority of the Parties present and voting, except for a party that has provided a notification in respect of paragraph 9 before the end of the second meeting of the Conference of the Parties.

11. each Party shall include in its reports submitted in accordance with article 21 of the information showing that the requirements of this section have been met.

(12 the Conference of the Parties sets out, at its first meeting, additional guidance concerning this article, in particular paragraph) of paragraph 5, paragraph 6 and paragraph 8, and develop and adopt the required elements of the certificate referred to in paragraph (b)), paragraph 6 and paragraph 8.

13. the Conference of the Parties assess whether some mercury compounds trade compromise the objective of the Convention and examines the question of whether these compounds of mercury should, by their registration in an additional annex adopted in accordance with article 27, be subject to paragraphs 6 and 8.

Article 4. -Added mercury 1-containing products. Each Party shall ensure, by taking appropriate measures, that any products containing mercury played in the first part of Annex A is manufactured, imported or exported after the date of abandonment fixed for these products, except in the case of exclusion specified in Annex A or under a derogation registered for a party in accordance with article 6.

2 a party may, in place of paragraph l, indicate at the time of ratification or the entry into force of an amendment to Annex A to its context that it is implementing various measures or strategies treat products listed in the first part of the annex.

A party may choose this option only if it can demonstrate that it has already reduced the manufacture, import and export of the vast majority of products listed in part I of Annex A at a de minimis level and that it has implemented measures or strategies to reduce the use of mercury in other products not listed in part I of Annex A at the time where it shall notify to the Secretariat its decision to choose This option.

Addition, a party who chooses this option: a) provides for the Conference of the Parties, at the first opportunity, a description of the measures or strategies implemented, including a quantification of the reductions.

b) is implementing the measures or strategies to reduce the use of mercury in products listed in part I of Annex A for which a de minimis value has not yet been achieved;

(c) consider additional measures in order to achieve further reductions; and (d) not entitled to exemptions in respect of article 6 for any of the categories of products for which this option is chosen.

No later than five years after the date of entry into force of the Convention, the Conference of the Parties shall examine, under the review procedure laid down in paragraph 8, the progress and the effectiveness of the measures taken pursuant to this paragraph.

3. each Party shall take measures against added mercury-containing products listed in the second part of Appendix A, in accordance with the provisions of this annex.

4 to from information provided by the Parties, the Secretariat collects and maintains information on added mercury-containing products and their alternatives, and makes this information available to the public. The Secretariat also makes available to the public any other relevant information communicated by the Parties.

5. each Party shall take measures to prevent that products contain added mercury which the manufacture, import and export it are not permitted under this section are incorporated into assembled products.

6 each party discourages the manufacture and distribution in the trade in products containing mercury added for purposes that don't fit with any of the known uses of such products prior to the date of entry into force of this Convention in its regard, unless an assessment of risks and benefits of the product proves that provide benefits to the environment or human health plans.

The Parties provide to the Secretariat, where appropriate, information on each product of this kind, including any information regarding the risks and benefits that it presents to the environment and human health. The Secretariat makes this information available to the public.

7 any party may submit to the Secretariat a proposal for the inclusion in annex has a product containing added mercury, which should include information on the availability of alternatives without mercury, the technical and economic feasibility of the latter as well as the risks and benefits that they present for the environment and health, taking into account the information referred to in paragraph 4.

8. no later than five years after the date of entry into force of the Convention, the Conference of the Parties review Annex A and may consider amending it in accordance with article 27.

9. in the course of the examination of Annex A in accordance with paragraph 8, the Conference of the Parties shall take account, at least:


(a) of any proposal presented in accordance with paragraph 7;

(b) updated information at disposal in accordance with paragraph 4; and (c)) availability for parts of mercury that are technically and economically viable alternatives with regard to the risks and benefits to the environment and human health.

Article 5 -Manufacturing processes using mercury or mercury 1 compounds. For the purposes of this article and of Annex B, manufacturing processes using mercury or mercury compounds do not include processes that use or are used to make products containing added mercury or mercury-containing waste treatment processes.

2. each Party shall ensure, by taking appropriate measures, that no mercury or mercury is used in the manufacturing processes listed in part I of Annex B after the final date specified in this annex for each process, except under the authority of a derogation registered in accordance with article 6.

3. each Party shall take measures to limit the use of mercury or mercury compounds in the processes listed in the second part of Annex B in accordance with the provisions of this annex.

4 from information provided by the Parties, the Secretariat collects and maintains information about processes using mercury or mercury compounds and their alternatives, and makes this information available to the public. The Secretariat also makes available to the public any other relevant information communicated by the Parties.

(5 each party that has one or several installations that use mercury or compounds of mercury in manufacturing processes listed in Annex B: has) is taking steps to combat the ' emissions and releases of mercury or compounds of mercury from these facilities.

(b) shall include in the reports it submits in accordance with article 21 of the information on the measures taken pursuant to this paragraph; and;

(c) strives to identify facilities located on its territory who use mercury or compounds of mercury in processes listed in Annex B shall submit to the Secretariat, no later than three years after the date of entry into force of the Convention in its regard, information on the number and type of these facilities as well as their estimated annual consumption of mercury or mercury compounds The Secretariat makes this information available to the public.

6. each Party shall ensure that any facility that did not exist before the date of entry into force of the Convention in her respect uses mercury or compounds of mercury in manufacturing processes listed in Annex B. No waiver is applicable to these facilities.

7. each party discourages the development of any facility using one any other method of manufacturing in which mercury or mercury compounds are used intentionally, which existed before the date of entry into force of the Convention, unless that party can demonstrate to the satisfaction of the Conference of the Parties concerned process provides significant benefits for the environment and health and that there is no alternatives without mercury technically and economically feasible to provide such benefits. .

8. the Parties are encouraged to exchange information on new technical developments relevant, mercury-free alternatives that are economically and technically feasible, measures and techniques to reduce and, if possible, eliminate the use of mercury and mercury compounds in manufacturing processes listed in Annex B, and emissions and releases of mercury and mercury compounds from these processes.

9. any party may submit a proposal for amendment of Appendix B for the purposes of registration of a manufacturing process using mercury or mercury compounds, which must include information on the availability of alternative non-mercury for the relevant process, the technical and economic feasibility of these solutions, and the risks and benefits that they have for the environment and health.

10. no later than five years after the date of entry into force of the Convention, the Conference of the Parties review Annex B and may consider amending it in accordance with article 27.

11. in all review of Annex B pursuant to paragraph 10, the Conference of the Parties takes into account at least: has) of any proposal submitted pursuant to paragraph 9;

(b) updated information at disposal in accordance with paragraph 4; and (c)) availability for parts of mercury that are technically and economically feasible alternatives with regard to the risks and benefits to the environment and health.

Section 6. -Derogations available to Parties upon request, 1. Any State or regional economic integration organization may register one or more exceptions to the dates of abandonment contained in Annex A and Annex B, hereinafter referred to as "derogation", through written notification to the Secretariat: has) when he or she becomes a party to this Convention; or (b) in the case of a product containing added mercury which is registered by amendment to Appendix A or a manufacturing process using mercury which is by amendment to Annex B, no later than on the date of entry into force of the amendment concerned for this part.

Such registration shall be accompanied by a statement explaining the reasons for which the party has need of the derogation.

2. a derogation can be registered either in a category listed in Annex A or B for a sub-cateqorle identified by any State or regional economic integration organization.

3. each party that has one or more derogations is included in a register established and maintained by the Secretariat, which makes it accessible to the public.

4. the register includes: a) a list of Parties that have one or more derogations;
(b) the derogations for each part; and (c) the date of expiry of each derogation.

5. unless a shorter period is indicated in the register by a party, all exemptions under the assigned 1 expire five years after the relevant date of abandonment set out in Annex A or B.

6. the Conference of the Parties may, at the request of a party, decide to extend an exemption for a period of five years, unless the party requests a shorter period. In its decision, the Conference of the Parties shall take due account of the following elements: a) the report of the part justifying the need to extend the derogation and giving an overview of the activities undertaken and planned to eliminate this need as soon as possible;

b) available information, including the availability of products and processes for replacement which do not use mercury or consume less than the use of the derogation; and (c) the activities planned or underway to store mercury and dispose of mercury in an environmentally sound manner.

A derogation may be extended only once by produced by date of abandonment.

7. a party may at any time, on written notification to the Secretariat, quash a derogation. Annulment of the derogation takes effect on the date indicated in the notification.

8. Notwithstanding subsection 1, any State or any regional economic integration organization may register a derogation after five years from the date of abandonment of the product or process concerned listed in Annex A or B, unless one or more Parties are still registered under an exemption relating to this product or process, having benefited from an extension in accordance with paragraph 6.

(In this case, a State or a regional economic integration organization may at the times specified in paragraphs a) and b) of paragraph 1, to register a derogation for this product or process, which expires 10 years after the relevant date of abandonment.

9 no party can have a waiver in effect in respect of a product or process listed in Annex A or B at any time after ten years from the date of abandonment of the said product or process specified.

Section 7. -Mining and artisanal and small-scale gold 1. The measures set out in this article and in Annex C apply to mining and small-scale processing and small-scale gold using the amalgamation with mercury to extract gold from ore.

2. each party within the territory of which are carried out from mining and artisanal processing and small-scale gold activities referred to in this article takes measures to reduce and, if possible, eliminate the use of mercury and mercury compounds in these activities as well as emissions and consecutive discharges of mercury into the environment.

3. any party who, at any time, finds that mining and artisanal processing and small-scale gold activities in its territory are not insignificant shall notify the Secretariat. (In this case, the part: has) is developing and implementing a national action plan in accordance with Annex C;


(b) submits its national plan of action to the Secretariat no later than three years after the entry into force of the Convention in its regard or within a period of three years from the date of the notification to the Secretariat, the latest date being retained; and (c)), provides three-year an account of progress that it was in compliance with its obligations under this article and fact include these reports in its reports submitted in accordance with article 21. .

4. the Parties may cooperate with each other as well as with relevant intergovernmental organizations and other entities, as appropriate, to achieve the objectives of this article. This cooperation may cover, inter alia,: a) the development of strategies aimed at preventing the diversion of mercury or mercury compounds for use in small-scale mining and processing, and small-scale gold;

(b) educational, awareness-raising and capacity-building initiatives;

(c) the promotion of the research of alternatives lasting mercury free;

(d) the provision of technical and financial assistance);

(e) partnerships to help them implement their commitments in respect of this artide; and (f) the use of existing information exchange mechanisms to promote knowledge, best environmental practices and sustainable alternative technologies to environmental, technical, social and economic.

 

Section 8. -Emissions 1. This article focuses on the control and, to the extent possible, on the reduction of atmospheric mercury and compounds of mercury, emission often expressed as "total amount of mercury", using controls on point sources belonging to the categories listed in Annex D.

2. for the purposes of this article: a) 'emissions' means emissions atmospheric mercury or compounds of mercury;

(b) by "relevant source" means a source of belonging to one of the categories of sources mentioned in Annex D. A party may, if it so wishes, establish criteria to identify the sources of a source category listed in Annex D as long as the criteria for each category cover at least 75% of the programming of the latter;

c). "new source" means any relevant source category listed in Annex D, whose construction or a major change began at least a year after: i) the date of entry into force of this Convention for the party concerned, or ii) the date of entry into force for the party concerned of an amendment to Annex D if the provisions of this Convention are applicable to this source only by virtue of the said amendment;

(d) by "significant change" means a rmodification to a relevant source, resulting in a significant increase in emissions, excluding any change to the level of emissions resulting from the recovery of by-products.

He returned to the party to determine whether a change is important.

e) 'existing source' shall means any relevant source that is not a new source;

(f) "emission limit value" means a ceiling, often expressed as "total amount of mercury", for concentration, the mass, or the rate of emissions of mercury or compounds of mercury from a point source.

3 a party with relevant sources taking steps to control emissions and can develop a national plan setting out measures to be taken for this purpose and objectives the goals and expected results.

This plan is submitted to the Conference of the Parties within a period of four years from the date of entry into force of the Convention for that party.

If a part is developing a plan of implementation in accordance with article 20, it should be included the plan prepared pursuant to this subsection.

4. regarding its new sources, each part requires the use of best available techniques and best environmental practices to control, and to the extent possible, reduce emissions, as soon as possible but no later than five years after the date of entry into force of the Convention in its regard.

A party may use values emission limits compatible with the application of best available techniques.

5. regarding its existing sources, each party includes in any national plan and implement one or more of the following actions, taking into account its national situation as well as the technical and economic feasibility and affordability of measures, as soon as possible but no later than ten years after the date of entry into force of the Convention in respect (: a) an objective quantified to control and, to the extent possible, reducing emissions from relevant sources;

(b) limits emission control and, where possible, reducing emissions from relevant sources;

c) the use of best available techniques and best environmental practices to control emissions from relevant sources;

(d) a multi-pollutant control strategy that would related benefit in the control of mercury emissions;

e) other measures to reduce emissions from the relevant sources.

6. Parties may apply the same measures in all relevant existing sources or adopt different measures for each source category.

The objective of these measures by a party is to achieve reasonable progress in reducing emissions over time.

7. each party establishes, as soon as possible but no later than five years after the date of entry into force of the Convention in its regard, an inventory of relevant sources emissions what maintains subsequently.

8. at its first meeting, the Conference of the Parties adopted guidance on: a) the best available techniques and best environmental practices, taking into account the differences between the new and existing sources as well as the need to reduce to a minimum the effects between different environments; and (b) assistance to Parties to implement the measures set out in paragraph 5, in particular as regards the determination of objectives and the setting of values of the emission limit.

((9. the Conference of the Parties shall adopt, as soon as possible, guidelines: a) the criteria which the Parties can set pursuant to paragraph b) of paragraph 2;

(b)) the method for determining the emission inventories.

10. the Conference of the parties regularly reviews and updates, as required, the guidelines developed in accordance with paragraphs 8 and 9. The Parties reflect these guidelines in the implementation of the relevant provisions of this article.

11. each Party shall include information concerning the implementation of this article in its reports that it submits in accordance with article 21, including information on the measures it has taken in accordance with paragraphs 4 to 7 and on the effectiveness of these measures.

Article 9 -Discharge 1. This article focuses on the control and, to the extent possible, on the reduction of releases of mercury and mercury compounds, often expressed as "total amount of mercury", in soil and water by relevant point sources that are not covered by other provisions of this Convention.

2. for the purposes of this article: a) "releases" means releases of mercury or compounds of mercury in the soil or water;

(b) by "relevant source" means any source of anthropogenic point notable releases identified by a party, that is not addressed in other provisions of this Convention;

(c) by "new source" means any relevant source of which the construction or a major change began âu least one year after the date of entry into force of this Convention for the party concerned.

(d) by "significant change" means a change from a relevant source resulting in a significant increase in discharges, excluding any change at the level of discharges resulting from the recovery of by-products. It is for the party to determine whether a change is significant;

e) 'existing source' shall means any relevant source that is not a new source;

(f) 'discharge limit value' means a ceiling, often expressed as "total amount of mercury", for the concentration or the mass of mercury or mercury compounds released from a point source.

3. each party identifies, at the latest three years after the date of entry into force of the Convention in its regard, and subsequently, at regular intervals, the relevant point sources categorles.

4 a party with relevant sources taking steps to control the release and may develop a national plan setting out measures to be taken to this end as well as the objectives, goals and results expected.

The plan is submitted to the Conference of the Parties within a period of four years from the date of entry into force of the Convention for that party.

If a part is developing a plan of implementation in accordance with article 20, it should be included the plan prepared pursuant to this subsection.

5. the measures shall include, as appropriate, one or more of the following measures:


(a) limits rejection to control and, to the extent possible, reduce releases of relevant sources;

b) the use of best available techniques and best environmental practices to control the release of relevant sources;

(c) a multi-pollutant control strategy that would benefit related monitoring of mercury discharges;

(d) other measures to reduce the discharge of relevant sources.

6. each party establish, as soon as possible and no later than five years after the date of entry into force of the Convention in its regard, an inventory of releases of relevant sources that it maintains subsequently.

(7. the Conference of the Parties shall adopt, as soon as possible, guidelines: has) the best available techniques and best environmental practices, taking into account the differences between the new and existing sources as well as the need to reduce to a minimum the effects between different environments;

(b)) the method for determining the release inventories.

8. each Party shall include information concerning the implementation of this article in its reports that it submits in accordance with article 21, including information on the measures it has taken relevant to paragraphs 3 to 6 and on the effectiveness of these measures.

Section 10. -Environmentally provisional storage of mercury, excluding mercury waste 1. This article applies to the temporary storage of mercury and compounds of mercury as defined in article 3 that do not meet the definition of waste mercury contained in article 11.

2. each Party shall take measures to ensure that temporary storage of mercury and mercury compounds intended for use. permitted to a party under this Convention either insured in an environmentally sound manner, taking into account of all the directives and in accordance with the requirements adopted pursuant to paragraph 3.

3. the Conference of the Parties adopted guidelines concerning environmentally provisional storage of mercury and mercury compounds, taking into account any relevant directive drawn up on the basis of the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal and other relevant guidelines.

The Conference of the Parties may adopt requirements for temporary storage in the form of an additional annex to this Convention in accordance with article 27.

4. the Parties shall cooperate, if applicable, with each other and with competent intergovernmental organizations and other entities in order to strengthen the development of capacities for the environmentally sound storage of mercury and mercury compounds;

Section 11. -Mercury waste 1. For the Parties to the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, Basel Convention relevant definitions apply to waste covered by this Convention. The Parties to the Convention that are not Parties to the Basel Convention use these definitions as of the guidelines applicable to the wastes covered by the Convention.

2. for the purposes of this Convention, "mercury waste" means substances or objects: a) consisting of mercury or mercury compounds;

(b) containing mercury or mercury compounds; or c) contaminated by mercury or compounds of mercury, in a quantity above the relevant thresholds defined by the Conference of the Parties, in cooperation with the competent bodies of the Basel Convention, in a manner harmonized, that are eliminated, that it intends to eliminate or that are required to be disposed of by the provisions of national law or of this Convention.

This definition excludes the dead land, waste rock and tailings from mining, with the exception of primary mercury mining, unless they contain mercury or compounds of mercury in quantities exceeding the thresholds defined by the Conference of the Parties.

(3 each Party shall take appropriate measures so that the mercury waste: has) are subject to environmentally sound management, taking into account guidelines developed on the basis of the Basel Convention and in accordance with the requirements adopted by the Conference of the Parties in an additional annex, in accordance with article 27.

In developing these requirements, the Conference of the Parties takes into account the regulations and programmes of the Parties in the management of waste;

(b) are recovered, recycled, reclaimed or reused directly than for a use permitted by a party under this Convention or a sound disposal pursuant to paragraph a), paragraph 3;

(c) for the Parties to the Basel Convention, are not transported across international boundaries, except for the purpose of environmentally sound disposal in accordance with the provisions of this article and the Basel Convention.

In the case of transport across international borders to which the Basel Convention does not apply, a part allows such transport that after taking into account the rules, standards and relevant international guidelines.

4. the Conference of the Parties is committed to cooperate closely with the competent bodies of the Basel Convention to review and update, as appropriate, the guidelines referred to in paragraph a), paragraph 3.

5. Parties are encouraged to cooperate with each other and with competent intergouvemementales organizations and other entities, if applicable, to develop and maintain global, regional and national capacities for the environmentally sound management of mercury waste.

Section 12. -Contaminated sites 1. Each Party shall endeavour to develop appropriate strategies for identifying and assessing contaminated sites by mercury or mercury compounds.

2. actions aimed at reducing the risks posed by these sites are conducted in an environmentally sound manner including, where necessary, an assessment of the risks to human health and the environment posed by mercury or compounds of mercury that they pose.

(3. the Conference of the Parties adopted guidance on the management of contaminated sites that may include methods and approaches for: has) identification and characterization of sites contaminated;

(b) the mobilization of the public;

(c) assessments of risks to human health and the environment;

d) sites contaminated; risk management options

(e) the assessment of the benefits and costs); and (f) the validation of the results.

4. Parties are encouraged to cooperate in the development of strategies and the implementation of activities to identify, assess, rank in order of priority, manage and, if applicable, rehabilitate contaminated sites.

Article 13. -Financial resources and financing mechanism 1. Each party undertakes to provide, to the extent of its means and in accordance with its policies, priorities, plans and national programmes, the resources for the planned national activities for the purposes of the implementation of the Convention.

These resources may include national funding in the context of policies, strategies of development and relevant national budgets of bilateral and multilateral funding, as well as the participation of the private sector.

2. the overall effectiveness of the implementation of this Convention by Parties which are developing countries will be linked to the effective implementation of this article.

3. the sources multilateral, regional and bilateral assistance in the financial and technical fields and in strengthening capacity-building and technology transfer are encouraged urgently to strengthen and intensify their activities pertaining to mercury to support Parties that are developing countries in the implementation of 1 has this Gonvention with regard to financial resources technical assistance and technology transfer. .

4. when taking measures concerning funding, Parties take full account the specific needs and the particular situation of cash Parties among small island developing States and the least developed countries.

5. it is established hereby a mechanism to provide at the time wanted with adequate and predictable financial resources to assist Parties that are developing countries or countries with economies in transition in the implementation of their obligations under this Convention.

6. the mechanism includes: a) the Fund of the global environment facility; and (b) a specific international programme to support capacity-building and technical assistance.

7. the Fund of the global environment facility provides timely financial resources new, predictable and adequate to cover the costs of assistance to the implementation of the Convention, as agreed by the Conference of the Parties.

For the purposes of this Convention, the Fund of the global environment facility is placed under the direction of the Conference of the Parties to which it reports.

The Conference of the Parties sets out guidelines on the strategies, policies and overall programmatic priorities as well as the conditions required for access to financial resources and use these.


In addition, the Conference of the Parties provides guidance on an indicative list of the types of activities that could benefit from the support of the Fund of the global environment facility.

The Fund of the global environment facility provides resources to cover agreed incremental costs related to global environmental benefits and the set of agreed costs of certain enabling activities.

8. when providing resources for an activity, the Fund of the global environment facility should take into account the potential of mercury reduction of activity proposed to its costs.

9. for the purposes of this Convention, the programme referred to in paragraph b) of paragraph 6 will be placed under the direction of the Conference of the Parties to which it will report.

The Conference of the Parties decided, at its first meeting, the host institution of the program, which must be an existing institution, and provides in the latter direction, including on the duration of the programme.

All Parties and other relevant stakeholders are encouraged to provide, on a voluntary basis, of financial resources to the program.

10. the Conference of the Parties and the entities constituting the mechanism agree, at the first meeting of the Conference of the Parties, of arrangements to give effect to the above paragraphs.

11. the Conference of the Parties shall examine no later than its third meeting and, subsequently, at regular intervals, the level of funding, the guidance provided by the Conference of the Parties to the entities entrusted with the operation of the mechanism established under this article and their efficiency, and their ability to respond to the changing needs of Parties that are developing countries and countries with economies in transition.

On the basis of this review, the Conference of the Parties take appropriate measures to improve the effectiveness of the mechanism.

12. all Parties are invited to make contributions to the mechanism, the extent of their resources. The mechanism encourages the provision of resources from other sources, including the private sector, and seeks to mobilize these resources for the activities it supports.

Section 14. -Capacity-building, technical assistance and transfer of technology 1. The Parties shall cooperate to provide, within their respective capabilities, a capacity-building and technical assistance, appropriate, timely, to Parties that are countries in development, in particular to the least developed countries and small island developing States in developing, and Parties that are countries with economies in transition, to help them to implement their obligations under this Convention.

2. the capacity-building and technical assistance referred to in paragraph 1 and article 13 can be provided through arrangements at the regional, subregional and national levels, including through regional and subregional centres existing, through other multilateral and bilateral means and through partnerships, including with the private sector. Cooperation and coordination with other multilateral agreements on the environment on chemicals and wastes should be sought to improve the effectiveness of technical assistance and the provision thereof.

3. the Parties which are developed countries and other Parties, within their capabilities, promote and facilitate with the support of the private sector and other relevant stakeholders, as appropriate, the development, transfer and diffusion of technologies of alternative environmentally sound advanced, as well as access to these technologies for the benefit of Parties that are developing countries in particular the least developed countries and small island developing States, and Parties which are countries with economies in transition, to strengthen their capacity for effective implementation of the Convention.

4. the Conference of the Parties, no later than at its second meeting, and subsequently, at regular intervals, taking into account the communications and reports submitted by Parties, including those required in article 21, as well as information provided by other stakeholders: has) examines information on ongoing initiatives and the progress made in the field of alternative technologies;

(b) assesses the needs of the Parties regarding alternative technologies, in particular those of Parties that are developing countries; and c) identifies the challenges encountered by Parties, in particular those that are developing, on technology transfer.

5. the Conference of the Parties makes recommendations on the way in which capacity-building, technical assistance and technology transfer could be further improved in the title of this article.

Section 15. -Committee implementation and compliance with the obligations 1. A mechanism, including a Committee as a subsidiary body of the Conference of the Parties, to promote the implementation and to examine compliance with all the provisions of this Convention shall be established hereby. The mechanism, including the Committee of facilitator nature and pays particular attention to the situation and the party's respective national capacities.

2. the Committee encourages the implementation and examines the compliance with all the provisions of this Convention. It examines both individual that systemic issues relating to the implementation and compliance with the provisions and makes recommendations to the Conference of the Parties, as appropriate.

3. the Committee is composed of 15 members nominated by Parties and elected by the Conference of the Parties, taking due account of equitable geographical representation based on five areas of the Organization of the United Nations; the first members were elected at the first meeting of the Conference of the Parties and in accordance with the rules of procedure approved by the Conference of the Parties pursuant to paragraph 5; the members of the Committee have skills in a field in relation to the Convention and reflect an appropriate balance of expertise.

(4. the Committee may examine any questions on the basis: a) of written communications transmitted by any party regarding its compliance;

(b) of national reports submitted in accordance with article 21; and c) requests made by the Conference of the Parties.

5. the Committee is drafting its rules of procedure, which is subject to the approval of the Conference of the Parties at its second meeting; the Conference of the Parties may add additional clauses to the mandate of the Committee.

6. the Committee makes every effort to adopt its recommendations by consensus. If all efforts at consensus have been exhausted, and no consensus is reached, recommendations are adopted as a last resort by majority vote of three-quarters of the members present and voting, on the basis of a quorum of two-thirds of the members. .

Section 16. -Health aspects 1. Parties are encouraged to: a) promote the development and implementation of strategies and programs to identify and protect populations at risk, particularly vulnerable populations, which may include the adoption of JCHP scientific-oriented exposure to mercury and the mercury compounds with targets for the reduction of exposure to mercury If applicable, and the education of the public, with the participation of the public health sector and other sectors concerned;

(b) promote the development and implementation of education and science-based prevention programs on occupational exposure to mercury and mercury compounds;

(c) promote health care services appropriate for the prevention, treatment and care of people affected by exposure to mercury or mercury compounds; and (d) establish and strengthen, as appropriate, institutional capacity and the means available to professionals of health for the prevention, diagnosis, treatment and monitoring of the health risks of exposure to mercury and mercury compounds.

(2. the Conference of the Parties in the review of issues or activities related to health, should: a) consult the world Organization of health, the International Labour Organization and other relevant intergovernmental organizations and collaborate with them, as appropriate; and (b) promote cooperation and the exchange of information with the World Health Organization, the international organization of labour and other relevant intergovernmental organizations, as appropriate.

Article 17. -Exchange of information 1. Each party facilitates the Exchange: a) scientific, technical, economic and legal information concerning mercury and compounds of mercury, including toxicological, ecotoxicological and safety information;

(b) information on the reduction or elimination of the production, use, trade, emissions and releases of mercury and mercury compounds;

c) of information on replacement technically and economically viable solutions for: i) products containing mercury added.

(ii) processes in which mercury or mercury compounds are used; and


(iii) the activities and processes that emit or discharge mercury or mercury compounds; including information about risks to health and the environment and the costs and economic benefits of these alternatives; and d) epidemiological information regarding the health effects of exposure to mercury and the mercury compounds, in close cooperation with the world Organization of the health and other relevant organizations, as required.

2. the Parties may exchange the information referred to in paragraph 1 directly, by the lntermediaire of the Secretariat or in cooperation with other relevant organizations, including the Secretariats of the chemicals and waste conventions, as appropriate.

3. the Secretariat facilitates cooperation in the exchange of information mentioned in this article and in cooperation with relevant organizations, including the Secretariats of multilateral environmental agreements and other international initiatives.

The information in question include not only those provided by the Parties, but also those obtained from intergovernmental and non-governmental organizations and national and international institutions that have expertise in the field of mercury.

4. each Party shall designate a national focal point for the exchange of information under the Convention, particularly as regards the consent of importing Parties referred to in article 3.

5. for the purposes of this Convention, information on health and safety of persons as well as the environment are not considered confidential.

The Parties that Exchange other information pursuant to this Convention shall respect the confidential nature of the information in a mutually agreed manner.

Section 18. -Information, awareness and education of the public 1. Each Party shall, within its capabilities, encourages and facilitates: has) the provision of public information disponlbles on: i) the effects of mercury and compounds of mercury on human health and the environment;

(ii) the alternatives of mercury and mercury compounds;

(iii) the issues identified in paragraph 1 of article 17;

(iv) the results of its activities of research and development and monitoring in respect of article 19; and v) the activities undertaken to fulfil its obligations under this Convention;

b) education, training and awareness of the public regarding the effects of exposure to mercury and compounds of mercury on human health and the environment, in collaboration with intergovernmental and non-governmental organizations competent and vulnerable populations, as appropriate.

2. each party uses existing mechanisms or intends to develop mechanisms, such as registries of releases and transfers of pollutants, if applicable, for the purposes of the collection and dissemination of information on estimates of the annual quantities of mercury and mercury compounds that are issued, rejected or eliminated by human activities on its territory.

Section 19. -Research, development and monitoring 1. The Parties shall endeavour to cooperate to develop and improve, given their situation and their respective means: was) inventories listing uses, consumption, emissions and discharges into water and soil, of anthropogenic origin, mercury and mercury compounds;

b) modelling and monitoring geographically representative of the concentrations of mercury and mercury compounds in vulnerable populations and in natural environments, particularly in biota such as fish, marine mammals, sea turtles and birds, as well as collaboration in the collection and exchange of appropriate and relevant samples;

(c) assessments of the impact of mercury and compounds of mercury on human health and the environment, as well as in the social, economic and cultural fields especially in vulnerable populations;

(d) the harmonized methods for the activities carried out under paragraphs a), b) and (e));

e) information concerning the environmental cycle propagation (including long-range transport and deposition), the transformation and fate of mercury and the mercury compounds in different ecosystems, taking due account of the distinction between, on the one hand, the emissions and anthropogenic and, on the other hand, emissions and discharges of remobilization of mercury from older deposits; natural mercury as well as

(f) information on commerce and trade in mercury and compcses mercury, and added mercury-containing products). and (g) information and research concerning the technical and economic availability of products and processes without mercury, as well as best available techniques and best environmental practices to reduce and monitor emissions and releases of mercury and mercury compounds.

2. Parties should, if necessary rely on monitoring networks and existing research programmes during the execution of the activities mentioned in paragraph 1.

Section 20. -Implementation plans 1. Each party may, at the end of an initial assessment, develop and implement a plan of implementation, taking into account its national circumstances to fulfil its obligations under this Convention. This plan should be forwarded to the Secretariat as soon as it will be developed.

2. each party may review and update its implementation plan, taking into account its national circumstances, the guidance given by the Conference of the Parties and other relevant guidance.

3. Parties should, when they undertake the activities mentioned in paragraphs 1 and 2, consult national stakeholders to facilitate the development, implementation, revision and updating of their implementation plans.

4. Parties may also consult on regional plans in order to facilitate the implementation of this Convention.

Section 21. -Establishment of reports 1. Each Party shall report to the Conference of the Parties, through the Secretariat, on the measures it has taken to implement the provisions of the Convention and the effectiveness of these measures and on the difficulties encountered in the realization of the objectives of the Convention.

2 each Party shall include in its reports, the information required by articles 3, 5, 7, 8 and 9 of this Convention.

3. the Conference of the Parties decided, at its first meeting of the periodicity and the presentation of reports, to be respected by the Parties, taking into account the desirability of coordination with other relevant conventions relating to chemicals and wastes for the communication of information.

Section 22. -Evaluation of effectiveness 1. The Conference of the Parties evaluates the effectiveness of the Convention at the latest six years after the date of its entry into force, and thereafter periodically, at intervals it will decide.

2. in order to facilitate this assessment, the COP launches, at its first meeting, the implementation of arrangements for comparable monitoring data on the presence and movements of mercury and mercury compounds in the environment, as well as on trends in the concentrations of mercury and mercury compounds observed in the biotic community and among vulnerable populations.

(3 is assessed on the basis of scientific, environmental, technical, financial and economic information available, including: a) reports and other monitoring data provided to the Conference of the Parties in accordance with paragraph 2;

(b) reports submitted in accordance with article 21;

(c) information and recommendations provided in accordance with article 15; and.

(d) reports and other relevant information on the functioning of the arrangements for financial assistance, technology transfer and capacity-building implemented in respect of this Convention.

Section 23. -Conference of Parties 1. A Conference of Parties shall be established hereby.

2. the first meeting of the Conference of the Parties is convened by the Executive Director of the United Nations Environment Programme no later than one year after the date of entry into force of this Convention. Thereafter, ordinary meetings of the Conference of the Parties are held at regular intervals to be decided by the Conference.

3. extraordinary meetings of the Conference of the Parties take place at any time if the Conference deems it necessary, or at the written request of a party, subject to that, within a period of six months from its communication to the Parties by the Secretariat, this application is supported by one third at least of parts.

4. the Conference of the Parties and adopt by consensus, at its first meeting, its rules of procedure and its financial rules and those of any subsidiary bodies, as well as the financial provisions governing the functioning of the Secretariat.

5. the Conference of the Parties follows and evaluates continuously the implementation of this Convention. It fulfills a base that assigned to it by this Convention and, to this end:


(a) creates subsidiary organs as it deems necessary for the implementation of this Convention;

b) cooperates, where necessary, with international organizations and intergovernmental and non-governmental organizations competent;

(c) periodically review the information communicated as well as all those reported to the Secretariat in accordance with article 21;

(d) examine all recommendations that are passed by the Committee of implementation and compliance with the obligations;

(e) examine and take any other measures necessary for the achievement of the objectives of this Convention; and f) examines the Annexes A and B in accordance with articles 4 and 5.

6. the United Nations, its specialized agencies and the international agency of atomic energy, as well as any State which is not a party to this Convention, may be represented at meetings of the Conference of the Parties as observers.

Any body or national body where international, governmental or non governmental, competent in the fields covered by this Convention and which has informed the Secretariat of its wish to be represented at a meeting of the Conference of the Parties as an observer may be admitted to take part unless one third of the Parties present unless objection.

The admission and participation of observers shall be subject to compliance with the rules of procedure adopted by the Conference of the Parties.

Section 24. -Secretariat 1. A Secretariat is hereby established hereby.

2. the functions of the Secretariat are as follows: a) the meetings of the Conference of the Parties and its subsidiary bodies and provide the services required;

(b) facilitate the provision, on request, assistance to the Parties, in particular Parties that are developing countries or economies in transition, for the purposes of the implementation of this Convention;

(c) coordination, if necessary, with the secretariats of relevant international organizations, in particular with those of other conventions on chemicals and wastes;

(d) support the Parties in the framework of the exchange of information concerning the implementation of this Convention;

(e) establish and make available to the Parties periodic reports based on information received pursuant to articles 15 and 21 as well as other available information;

under the general supervision of the Conference of the Parties, f) enter into such administrative and contractual arrangements which may be necessary for the effective discharge of its functions; and (g) to perform the other secretariat functions specified in this Convention and any additional feature which might be entrusted to him by the Conference of the Parties.

3. the secretariat functions for this Convention are provided by the Executive Director of the United Nations Environment Programme, unless the Conference of the Parties decides, by a majority of three-fourths of the Parties present and voting, to entrust the functions of secretariat to one or more other international organizations.

4. the Conference of the Parties may, in consultation with relevant international organizations, provide for cooperation and closer coordination be the Secretariat and the secretariats of other conventions on chemicals and wastes. the Conference of the Parties may, in consultation with relevant international organizations, provide further guidance on this subject.

Section 25. -Settlement of disputes 1. The Parties shall endeavour to resolve any dispute arising between them concerning the interpretation or application of this Convention through negotiation or any other peaceful means of their choice.

2. when it ratifies, accepts or approves this Convention or accedes thereto, or at any time thereafter, any party which 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 this Convention, it recognizes as mandatory, with respect to any Party accepting the same obligation (, one of the two or both of the following dispute settlement means: a) arbitration in accordance with the procedure set out in the first part of Annex E;

b) referral to the International Court of Justice.

3. any regional economic integration organization party to the Convention may make a declaration having the same effect on arbitration, in accordance with paragraph 2.

4. any declaration made under paragraph 2 or paragraph 3 shall remain in force until the expiry of the period stipulated in this declaration or until the expiration of a period of three months after the deposit with the depositary of the written notice of its revocation.

5. the expiry of a declaration, a notice of the revocation of a declaration or the filing of a new declaration does not affect proceedings pending 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 dispute settlement under paragraph 2 or paragraph 3, and if they have not been able to settle their dispute through the means indicated in paragraph 1 within 12 months following notification by one party to another part of the existence of a dispute between them the dispute is referred to a conciliation commission at the request of one of the parties to the dispute.

The procedure set out in part 2 of Schedule E applies to the conciliation in respect of this article.

Section 26. -Amendments to the Convention 1. Any 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 proposed amendment shall be communicated to the Parties by the Secretariat six months before the meeting at which it is presented for adoption. The Secretariat shall also communicate proposed amendments to the signatories of this Convention and, for information, to the depositary.

3. the Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment is adopted as a last resort by majority vote of three fourths of the Parties present and voting, participating in the meeting.

4. the depositary shall communicate any amendment adopted to the Parties for ratification, acceptance or approval.

5. ratification, acceptance or approval of an amendment shall be notified in writing to the depositary. An amendment adopted in accordance with paragraph 3 shall enter into force for those Parties which have agreed to be bound by its provisions the ninetieth day after the date of the deposit of instruments of ratification, acceptance or approval by three quarters at least Parties that were Parties at the time the amendment was adopted.

Thereafter, the amendment shall enter into force for any party the ninetieth day after the date of deposit by that party of its instrument of ratification, acceptance or approval of the amendment.

Section 27. -Adoption and amendments of annexes 1. The annexes to this Convention form part integral and, except ' provision express centraire, a reference to the Convention also constitutes a reference to its annexes.

2. additional annexes adopted after the entry into force of this Convention exclusively relate to procedural matters or matters of scientific, technical or administrative.

3. the proposal, adoption and entry into force of additional annexes to this Convention are governed by the following procedure: a) additional annexes shall be proposed and adopted according to the procedure set out in paragraphs 1 to 3 of article 26;

(b) any party that is unable to accept an additional annex shall inform the depositary by written notice within one year following the date of communication by the depositary of the adoption of this annex.

This last forthwith notify all Parties of any notification received in this sense. A party may at any time inform the depositary by written notification that it withdraw a notification prior to acceptance of an additional annex. reporting Annex enters into force for that party subject to the provisions of subparagraph (c)); (and c) on the expiry of a period of one year, from the date of the communication by the depositary of the adoption of an additional annex, it shall enter into force for all Parties which have not communicated a notification of non-acceptance in accordance with the provisions of paragraph (b)).


4. the proposal, adoption and entry into force of amendments to annexes to this Convention shall be subject to the same procedure as for the proposal, adoption and entry into force of additional annexes to the Convention, subject to an amendment to an annex does not come into force for a party which has made a declaration concerning an amendment to the annexes in accordance with paragraph 5 of article 30 , in which case this amendment shall enter into force for the party in question the 90th day from the date on which it deposits with the depositary its instrument of ratification, acceptance, approval or accession in respect of such an amendment.

5. If an additional annex or an amendment to an annex is related to an amendment to this Convention, the additional annex or the amendment is in force when the amendment to the Convention enters into force.

Section 28. -Right to vote 1. Subject to the provisions of paragraph 2, each party to this Convention shall have one vote.

2. the regional economic integration organisations have to exercise their right to vote in the areas that fall within their competence, to a number of votes equal to the number of their Member States which are Parties to this Convention. They shall not exercise their right to vote if one of their Member States exercises his own, and vice versa.

Section 29. -Signature this Convention is open for signature by all States and regional organizations in Kumamoto (Japan) economic integration on 10 and 11 October 2013, and then at the headquarters of the Organization of the United Nations in New York until October 9, 2014.

Article 30. -Ratification, acceptance, approval or accession 1. This Convention is subject to ratification, acceptance or approval by the States and regional economic integration organizations. It is open to the accession of States and regional organizations for economic effective integration of the day following the date on which it ceases to be open for signature. The instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.

2. any organization, regional economic integration, which becomes party to this Convention without any of its Member States being a party is bound by all the obligations under the Convention.

When one or more States members of one of these organizations are Parties to the Convention, the Organization and its Member States decide their respective responsibilities with regard to the implementation of the obligations that their obligations under the Convention. In such cases, the Organization and its Member States are not empowered to exercise their rights under the Convention concurrently.

3. in their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations indicate the extent of their competence with respect to matters governed by this Convention. In addition, these organizations shall inform the depositary, who will inform in turn the Parties, of any relevant modification in the extent of their competence.

4. each State or regional economic integration organization is encouraged to forward to the Secretariat, at the time of its ratification, acceptance or approval of the Convention or accession to it, information on the measures that he or she has taken to implement the Convention.

5. in its instrument of ratification, acceptance, approval or accession, any party may declare that any amendment to an annex shall enter into force in its respect only after the deposit of its instrument of ratification, acceptance or approval of the said amendment or adheslon to it.

Section 31. -Entry into force 1. This Convention between force the eighty-dixieme day following the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession.

2. for each State or regional economic integration organization which ratifies, accepts or approves the Convention or accedes thereto after the deposit of the fiftieth instrument of ratification, acceptance, approval or accession, the Convention enters into force the ninetieth day after the date of 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, any instrument deposited by a regional economic integration organization is not considered coming in addition to the instruments already deposited by States members of this organization.

Section 32. -Reservations no reservation may be made to this Convention.

Section 33. -Removing 1. The expiration of a period of three years from the date of entry into force of this Convention for a party, the latter may at any time withdraw from the Convention by giving written notification to the depositary.

2. any withdrawal shall take effect upon the expiration of a period of one year from the date of receipt of the notification of withdrawal by the depositary, or at any later date specified in the notification of withdrawal.

Section 34. -Depositary the Secretary-General of the United Nations is the depositary of this Convention.

Section 35. -Authentic texts the original of this Convention, of which the Arabic, Chinese, English, french, Russian and Spanish texts are equally authentic, shall be deposited with the depositary.

IN witness whereof the undersigned, duly authorized thereto, have signed the present Convention.

Made in Kumamoto (Japan), on 10 October, two thousand and thirteen.



Appendix A products containing mercury added the following products are excluded from this Annex: was) essential products for military purposes and civil protection;

(b) products used for research, for the calibration of instruments, such as standard reference;

(c) where no feasible alternative mercury-free is available, switches and relays, cold cathode fluorescent lamps and lamps f1uorescentes to external electrodes for electronic displays and measuring devices;

(d) products used in traditional practices or religious; and e) vaccines containing thimerosal as a preservative.

First part: products subject to paragraph 1 of article 4.



Products containing added mercury Date from which the Production, import or export of the product is no longer allowed (date of abandonment) batteries, with the exception of button batteries zinc-silver oxide and zinc-air to mercury < 2% 2020 switches and relays, with the exception of the bridges of measurement of capacity and loss in very high precision and switches and relay radio high frequency for instruments for monitoring and control with a maximum mercury content of 20 mg per bridge, switch, or relay 2020 linear fluorescent lights to lighting regular power < 30 W at mercury content exceeding 5 mg per lamp 2020 fluorescent spout of ordinary lighting: a) to phosphorus at three bands of power < 60 W to mercury content exceeding 5 mg per lamp; b) to phosphorus of halophosphate power < 40 W mercury greater than 10 mg per lamp 2020 lighting lamps ordinary mercury vapour high-pressure 2020 mercury contained in fluorescent cold cathode and external displays electrodes electronic: has) low (< 500 mm) length in mercury content greater than 3.5 mg per lamp b) average length (> 500 mm and)

(< 1,500 mm) in mercury content exceeding 5 mg per lamp c) large (> 1500 mm) length greater than l3 mg per lamp mercury 2020 cosmetics (greater than 1 ppm mercury content), including soaps and creams whitening of the skin, but excluding cosmetics for the eye in which area the mercury is used as a preservative for which no safe and effective substitute is available 1 / 2020 Pesticides (, biocides and local antiseptics 2020 non-electronic measuring instruments below, with the exception of those incorporated in equipment of large size or used for high-precision measurements, when no suitable alternative mercury-free is available: a) barometers; (b) hygrometers; (c) pressure gauges; (d) thermometers; (e) Sphygmomanometers.
2020 l / cosmetics, soaps and creams that contain mercury in the form of trace contaminants are not covered.

Second part: products subject to paragraph 3 of article 4 products containing added mercury provisions dental amalgam measures that a party must take to eliminate gradually used it - tion of dental amalgam waste should take account of its national circumstances and the relevant international guidelines and understand two or more of the following measures: i) define national targets prevention of caries and promo-tion of dental to reduce hygiene as much as possible the need for dental restoration;

(ii) define national targets to reduce as much as possible their use; .

(iii) promote the use of clinically cost-effective dental restoration materials that contain no mercury;

(iv) promote the activities of recher - che development focused on dental restoration materials


quality containing no mercury.

(v) encourage the representative professional organizations and schools of dentistry, to educate and train professionals in the dental sector and students to the use of materials of restau - dental ration without mercury and the promotion of best management practices;

(vi) discourage the insurance policies and programmes favouring the amalgams rather than mercury-free dental restorative materials;

(vii) encourage the insurance policies and programmes that promote the use of materials of restaura - quality mercury-free dental tion;

(viii) restrict the use of dental amalgam in their encapsulated form;

(ix) promote the use of best environmental practices in dental care facilities to reduce mercury releases and the compounds mercury in water and soil.

Annex B manufacturing processes in which mercury or mercury compounds are used first part: processes subject to paragraph 2 of article 5 manufacturing processes using mercury or compounds of mercury chlor-alkali Production 2025 Production of acetaldehyde abandonment Date in which mercury or mercury compounds are used as catalysts 2018 part II : Processes subject to paragraph 3 of article 5.

Method using the mercury provisions monomer Production measures to be taken by the Parties of vinyl chloride are, inter alia, to: i) reduce, by 2020, the use of mercury by 50% per unit of production from the year 2010.

(ii) promote measures to reduce dependence on mercury from primary extraction;

(iii) measures to reduce emissions and releases of mercury to the environment;

(iv) support research - develop - ment in the area of nanomaterial - SORS and non-mercury processes;

(v) not to allow the use of mercury five years after the Conference of the Parties established the existence of catalysts without mercury technically and econo-feasible heavyweights based on existing processes;

(vi) to report to the Conference of the Parties on efforts to develop and/or identify alternatives and eliminating the use of mercury in accordance with article 21.
Production of sodium or potassium ethoxide Parties or measures to be taken by methoxide consist, inter alia, to: i) reduce the use of mercury to stop it as soon as possible and no later than 10 years after the entry into force of the Convention;

(ii) reduce, by 2020, the emissions and discharges of 50% per unit of production compared to the year 2010;

(iii) prohibit the use of new mercury from primary extraction;

(iv) support research - develop - ment in the field of non-mercury processes;

(v) not to allow the use of mercury five years after the Conference of the Parties established the existence of processes without mercury technically and economically feasible;

(vi) to report to the Conference of the Parties on efforts to develop and/or identify alternatives and eliminate the use of mercury in accordance with article 21.

Polyurethane production using mercury-containing catalysts the measures to be taken by the Parties are, inter alia, to: i) reduce the use of mercury with intent to stop the fastest - ment possible and at the latest 10 years after the entry into force of the Convention;
(ii) reduce dependence on mercury from primary extraction;
(iii) reduce emissions and releases of mercury to the environment;
(iv) support research - develop - ment in the field of catalysts and non-mercury processes;
(v) to report to the Conference of the Parties on efforts to develop and/or identify alternatives and eliminate the use of mercury in accordance with article 21.

Paragraph 6 of article 5 not be app - not to this manufacturing process.





Annex C mining artisanal and small-scale gold.

National action plans 1. Each party submitted - to the provisions of paragraph 3 of article 7 shall include in its national plan of action: a) national objectives and reduction targets;
(b) of the measures to eliminate: i) the amalgamation of gross mineral;
(ii) burning in the open air of amalgam or amalgam processed);
(iii) the burning of amalgam in residential areas); and iv) of sediments, ores and residues cyanide leaching to which mercury was added without prior in removing the latter;
(c) measures to facilitate formalization or the regulation of artisanal mining and small-scale gold sector;
(d) initial estimates of the quantities of mercury and practices used on its territory in the area of mining and small-scale processing and small-scale gold;
(e) strategies to promote the reduction of emissions and releases of mercury and exposure to this substance in the sector of mining and small-scale processing and small-scale gold and, in particular, methods are not using mercury;
(f) strategies to manage trade and prevent the diversion of mercury and compounds of mercury from foreign and domestic sources intended to be used for small-scale mining and processing and small-scale gold;
(g) strategies to engage stakeholders in the implementation and continuous improvement of the national plan of action;
(h) a public health strategy relative to exposure in artisanal gold mining and small-scale miners and their communities to mercury. Such a strategy should include, inter alia, the collection of health data, health services staff training and awareness through health facilities;
(i) strategies to prevent the exposure of vulnerable populations, including children and women of childbearing age, especially pregnant women, to the mercury used in artisanal mining and small-scale gold;
(j) strategies to inform in artisanal gold mining and small-scale miners and communities affected; and (k) a timetable for the implementation of the national plan of action.

2. each party may include in its national action plan for additional strategies to achieve its goals as, for example, the use or the introduction of standards related to artisanal mining and small-scale gold by processes not involving mercury and mechanisms based on the market or marketing tools.


Annex D list of point sources of atmospheric emissions of mercury and mercury category of sources compounds:-fired coal; power
-industrial boilers to coal;
-methods of fusion and mesh used in 1 production of metals not ferreux1, - waste incineration installations;
-installations for the production of cement clinker.

1 for the purposes of this annex, means "non-ferrous metals' lead, zinc, copper and industrial gold.


Annex E Procedures for arbitration and conciliation first part: Procedure of arbitration for the purposes of paragraph (a)) paragraph 2 of article 25 of this Convention, the arbitration procedure is the following: Article 1. -

1. Any party may initiate recourse to arbitration, in accordance with article 25 of the present Convention by written notification to the other party or other parties to the dispute.

Such notification is accompaqnee of the statement of conclusions, as well as all supporting documentation, and indicates the subject of the arbitration, including the articles of this Convention whose interpretation or application are the subject of the dispute.

2. the requesting Party shall notify the Secretariat that it refers a dispute to arbitration pursuant to article 25 of this Convention. The notification is accompanied by the written notification of the applicant, of the statement of the findings and the supporting documents referred to in paragraph 1 above.

The Secretariat shall communicate the information thus received to all Parties.

Section 2. -

1. If a dispute is referred to arbitration in accordance with article 1 above, an arbitral tribunal composed of three members is hereby established.

2. each party to the dispute shall appoint an arbitrator and the two arbitrators so appointed shall designate by mutual agreement the third arbitrator, who holds the Presidency of the tribunal.

In the event of disputes between more than two parties, parties that make common cause shall appoint an arbitrator by mutual agreement. The President of the tribunal shall not be national of one of the parties to the dispute, have habitual residence in the territory of one of these parties, nor be in the service of one of them, nor be already dealt with the matter to another title.

3. it is equipped with any vacancy in the manner prescribed for the initial appointment.

Article 3. -


1. If, within a period of two months after the date of receipt of the notice of arbitration by the defendant, one of the parties to the dispute does not carry out the appointment of an arbitrator, the other party may seize the Secretary-General of the United Nations, making the designation within a further period of two months.

2. If, in a period of two months after the appointment of the second arbitrator, the President of the arbitral tribunal has not been designated, the Secretary general of the Organization of the United Nations shall, at the request of a party, its designation within a further period of two months.

Article 4. -The arbitral tribunal makes its decisions in accordance with the provisions of this Convention and international law.

Article 5 -Unless the parties to the dispute otherwise agree, the arbitral tribunal establishes its own rules of procedure.

Section 6. -At the request of one of the parties to the dispute, the arbitral tribunal may recommend essential interim measures.

Section 7. (-The parties to the dispute facilitate the conduct of the work of the arbitral tribunal and, in particular, to use all means at their disposal for: a) provide the tribunal with all documents, information and facilities; and (b) allow the Court, if necessary, to call witnesses or experts and record their testimony.


Section 8. -The parties to the dispute and the arbitrators shall protect the confidentiality of any information or document that they receive in confidence during the proceedings of the arbitral tribunal.

Article 9 -Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal are borne equally by the parties to the dispute. The tribunal maintain a record of all its costs and shall provide a final statement to the parties.

Section 10. -Any party with respect to the subject of the dispute, an interest of a legal nature which may be affected by the decision may intervene in the proceedings with the consent of the arbitral tribunal.

Section 11. -The arbitral tribunal may hear and determine counter-claims directly connected with the subject of the dispute.

Section 12. -The decisions of the arbitral tribunal, both procedural and substantive, are taken by a majority of the votes of its members.

Article 13. -

1. If one of the parties to the dispute does not before the arbitral tribunal or fails to present its case, the other party may request the tribunal to continue the proceedings and to make its award. The absence of a party or the fact that a party not to present its case shall not preclude the application of the procedure.

2. before make its final award, the arbitral tribunal must ensure that the request is founded in fact and in law.

Section 14. -The arbitral tribunal decide its final award no later than five months after the date on which it was established unless it considers necessary to extend this time limit for a period which should not exceed five months.

Section 15. -The final award of the arbitral tribunal is limited to the subject of the dispute and is motivated. It contains the names of the members who took part and the date on which it was issued. Any member of the tribunal may attach to the award statement of his individual or dissenting opinion.

Section 16. -The final award binding on the parties to the dispute. The interpretation that is made of this Convention in the final award binding also any party intervening under article 10 insofar as it relates to questions about which that party intervened.

The final award is without appeal, unless the parties to the dispute have agreed in advance of an appeal procedure.

Article 17. -Any disagreements that may arise between parties bound by the final award in application of article 16 concerning the interpretation or implementation of this award may be submitted by one or other of these parties to the decision of the arbitral tribunal which made the award.


Second part. -Conciliation procedure for purposes of paragraph 6 of article 25 of the Convention, the conciliation procedure is as follows: Article 1. -Any request of a party to a dispute to establish a conciliation commission in accordance with paragraph 6 of article 25 of this Convention shall be sent in writing to the Secretariat with a copy to the other party or the other parties to the dispute. The Secretariat shall forthwith inform all Parties.

Section 2. -

1. The conciliation commission consists, unless the parties to the dispute agree otherwise, of three members, each party appointing one and the President being chosen jointly by the members so appointed.

2. in the event of a dispute between more than two parties, parties making common cause call their member of the commission by mutual agreement.

Article 3. -If, within a period of two months after the date of receipt by the Secretariat of the written request referred to in article 1 above, all members have not been appointed by the parties to the dispute, the Secretary-General of the Organization of the United Nations shall, at the request of a party, the appointments necessary within a further period of two months.

Article 4. -If, within a period of two months after the appointment of the second member of the commission, the President of the Court has not been selected, the Secretary-General of the United Nations shall, at the request of a party to the dispute, its designation within a further period of two months.

Article 5 -The conciliation commission assists the parties to the dispute, an independent and impartial manner, to reach an amicable settlement.

Section 6. -

1. The conciliation commission may conduct the procedure in the manner it deems appropriate, taking full account of the circumstances of the case and the views eventually expressed by the parties to the dispute, including any claim for a speedy settlement of the dispute. It may adopt its own rules of procedure, if necessary, unless the parties agree otherwise.

2. the conciliation commission may, at any time of the procedure, make proposals or recommendations for a settlement of the dispute.

Section 7. -The parties to the dispute shall cooperate with the conciliation commission. They strive, in particular, to meet its demands on written documents and evidence presentation and participation in meetings.

The parties to the dispute and the members of the conciliation commission are obliged to protect the confidentiality of any information or document that they receive in confidence during the conciliation procedure.

Section 8. -The conciliation commission takes its decisions by a majority of the votes of its members.

Article 9 -Unless the dispute has already been resolved, this conciliation commission, no later than 12 months after its creation, a report containing its recommendations for the settlement of the dispute, as the parties to the dispute shall examine in good faith.

Section 10. -In the case of disagreement about the jurisdiction of the conciliation commission to consider a matter referred to it shall be decided whether or not it is competent.

Section 11. -The costs of the conciliation commission are borne by the parties to the dispute in equal shares, unless they agree otherwise.

The commission maintain a record of all its costs and shall provide a final statement to the parties.