Advanced Search

RS 0.814.03 Stockholm Convention of 22 May 2001 on Persistent Organic Pollutants (POPs Convention) (with annexes)

Original Language Title: RS 0.814.03 Convention de Stockholm du 22 mai 2001 sur les polluants organiques persistants (Convention POP) (avec annexes)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.814.03

Original text

Stockholm Convention on Persistent Organic Pollutants

(POPs Convention)

Concluded at Stockholm on 22 May 2001

Approved by the Federal Assembly on June 2, 2003 1

Instrument of ratification deposited by Switzerland on 30 July 2003

Entry into force for Switzerland on 17 May 2004

(State on 26 November 2014)

The Parties to this Convention,

Recognizing that persistent organic pollutants have toxic properties, resist degradation, accumulate in living organisms, and are propagated by air, water, and migratory species across borders International and deposited far from their original site, where they accumulate in terrestrial and aquatic ecosystems,

Conscious of health concerns, particularly in developing countries, arising from local exposure to persistent organic pollutants, in particular the exposure of women and, through them, the exposure of generations Future,

Knowing that the Arctic ecosystem and the indigenous populations living there are particularly threatened by the biomagnification of persistent organic pollutants, and the contamination of the traditional foods of these populations Is a public health issue,

Conscious of the need for global action on persistent organic pollutants,

Bearing in mind decision 19/13 C of the Governing Council of the United Nations Environment Programme of 7 February 1997 on international action to protect human health and the environment through the adoption of measures To reduce or eliminate emissions and releases of persistent organic pollutants,

Recalling the relevant provisions of relevant international environmental conventions, in particular the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Products Hazardous chemicals and pesticides that are traded internationally 2 And the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 3 , including regional agreements entered into under its s. 11,

Recalling also the relevant provisions of the Rio Declaration on Environment and Development and Agenda 21,

Stating that all Parties are animated by a precautionary approach which is manifested in this Convention,

Recognizing that this Convention and other international agreements in the field of trade and the environment contribute to the same objective,

Reaffirming that, in accordance with the Charter of the United Nations 4 And the principles of international law, States have the sovereign right to exploit their own resources according to their environment and development policies and the duty to ensure that activities within the limits of Their jurisdiction or under their control does not cause damage to the environment of other States or zones of any national jurisdiction,

Taking into account the particular situation and needs of developing countries, including the least developed among them, and countries with economies in transition, in particular the need to strengthen their national capacities for the management of substances Through the transfer of technology, the provision of financial and technical assistance and the promotion of cooperation between the Parties,

Taking full account of the Programme of Action for the Sustainable Development of Small Island Developing States, adopted in Barbados on 6 May 1994,

Noting the respective capacities of developed and developing countries, as well as the common but differentiated responsibilities of States, as set out in Principle 7 of the Rio Declaration on Environment and Development,

Recognizing the important contribution that the private sector and non-governmental organizations can make to the reduction or elimination of emissions and releases of persistent organic pollutants,

Underlining the importance of manufacturers of persistent organic pollutants taking responsibility for mitigating the harmful effects of their products and giving users, governments and the public information on properties These chemicals that make them dangerous substances,

Conscious of the need to take measures to prevent the harmful effects of persistent organic pollutants at all stages of their life cycle,

Reaffirming Principle 16 of the Rio Declaration on Environment and Development, under which national authorities should strive to promote the internalization of environmental protection costs and utilization Economic instruments, in accordance with the principle that the polluter should, in principle, bear the cost of pollution, in the interests of the public interest and without distorting international trade and investment,

Encouraging Parties without regulatory and evaluation systems for pesticides and industrial chemicals to develop such systems,

Recognizing the importance of developing and using alternative chemical processes and substances that are environmentally sound,

Resolved to protect human health and the environment from the adverse effects of persistent organic pollutants,

Agreed to the following:

Art. 1 Objective

Taking into account the precautionary approach set out in principle 15 of the Rio Declaration on Environment and Development, the objective of this Convention is to protect human health and the environment from organic pollutants Persistent.

Art. 2 Definitions

For the purposes of this Convention:

A.
"Party" means a State or regional economic integration organization that has consented to be bound by this Convention and for which the Convention is in force;
B.
"Regional Economic Integration Organisation" means an organisation constituted by sovereign states of a given region to which its member States have transferred their powers over 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 accede to it;
C.
"Parties present and voting" means those Parties present that issue an affirmative or negative vote.
Art. 3 Measures to reduce or eliminate releases resulting from intentional production and use

1 Each Party shall:

A.
Prohibits and/or takes the necessary legal and administrative measures to eliminate:
(i)
The production and use of the chemicals listed in Annex A, in accordance with the provisions of that Annex,
(ii)
The import and export of Schedule A chemical substances in accordance with the provisions of s. 2;
B.
Limit the production and use of the chemicals listed in Annex B, in accordance with the provisions of that Annex.

2 Each Party shall take measures to ensure that:

A.
Any chemical substance listed in Schedule A or Schedule B is imported only:
(i)
For environmentally sound disposal as provided for in para. (d) para. 1 of the art. 6, or
(ii)
For use or for a purpose authorized for that Party under Schedule A or Schedule B;
B.
Any chemical substance listed in Annex A with a specific derogation concerning the production or use, or any chemical substance listed in Annex B with a specific derogation or for an acceptable purpose Concerning the production or use, taking into account all relevant provisions of the international instruments in force on prior informed consent, is exported only:
(i)
For environmentally sound disposal as provided for in para. (d) para. 1 of the art. 6,
(ii)
To a Party that is authorized to use that chemical under Annex A or Annex B, or
(iii)
To a State not Party to this Convention, on annual certification to the exporting Party. Such certification shall specify the intended use of the chemical and include a declaration that the importing State undertakes, in relation to that chemical, to:
A.
Protect human health and the environment by taking the necessary measures to minimize or prevent releases,
B.
Comply with the provisions of s. 1 of the art. 6,
C.
Respect, where appropriate, the provisions of s. 2 of Part II of Schedule B;
Supporting documents, such as legislation, regulatory instruments, administrative directives or guiding principles, are attached to the certification. The exporting Party shall transmit the certification to the Secretariat within sixty days of its receipt;
C.
That any chemical substance listed in Annex A for which a Party no longer has a specific exemption for production and use is not exported by that Party, except for environmentally sound disposal As provided for in para. (d) para. 1 of the art. 6;
D.
For the purposes of this paragraph, the term "State not Party to this Convention" includes, in the case of a particular chemical substance, any State or regional economic integration organization that has not agreed to be bound by the provisions Of the Convention for this chemical.

3 Each Party that applies one or more regulatory and evaluation regimes for new pesticides or industrial chemicals is taking regulatory measures to prevent the production and use of new pesticides Pesticides or new industrial chemicals that, taking into account the criteria set out in s. 1 of Appendix D presents the characteristics of persistent organic pollutants.

4 Each Party applying one or more of the regulatory and evaluation regimes for pesticides or industrial chemicals shall, where appropriate, take into consideration the criteria set out in par. 1 of Annex D when conducting an assessment of pesticides or industrial chemicals in circulation.

5 Except as otherwise provided in this Convention, s. 1 and 2 do not apply to quantities of a chemical intended for use in laboratory research or as a reference standard.

6 Any Party with a specific derogation in accordance with Annex A or a specific derogation or for an acceptable purpose in accordance with Annex B shall take appropriate measures to ensure that any production or use in the Shall be carried out in such a way as to prevent or minimise exposure of persons and releases to the environment. In the case of uses for derogations or for acceptable purposes giving rise to intentional releases to the environment under normal conditions of use, such discharges shall be reduced to the minimum necessary, taking into account the Applicable standards and guidelines.

Art. 4 Register of specific exemptions

1 A register shall be established hereby in order to identify the Parties benefiting from specific derogations provided for in Annex A or Annex B. It shall not identify the Parties which apply the provisions of Annex A or Annex B of which all The Parties may avail themselves. This register shall be maintained by the Secretariat and shall be accessible to the public.

2 The register shall include:

A.
A list of the types of specific derogations provided for in Annex A and Annex B;
B.
A list of Parties with a specific exemption provided for in Annex A or Annex B;
C.
A list of expiration dates for each specific exemption registered.

3 Any State which becomes a Party may, subject to written notification to the Secretariat, register one or more specific types of derogations provided for in Annex A or Annex B.

4 Unless an earlier date is indicated in the Register by a Party, or an extension is granted in accordance with the par. 7, all specific derogations registered shall expire five years after the date of entry into force of this Convention in respect of a particular chemical substance.

5 At its first meeting, the Conference of the Parties shall adopt a process for the examination of entries in the Register.

6 Prior to the examination of an entry in the Register, the Party concerned shall submit to the Secretariat a report certifying that registration of the exemption remains necessary. The Secretariat shall circulate this report to all Parties. The examination of the derogation shall be carried out on the basis of all available information. The Conference of the Parties may make such recommendations as it considers appropriate to the Party concerned.

7 At the request of the Party concerned, the Conference of the Parties may decide to extend a specific derogation for a period of up to five years. In making its decision, the Conference of the Parties shall take due account of the particular situation of Parties that are developing countries or economies in transition.

8 A Party may, at any time, withdraw its entry in the Register for a specific derogation, upon written notification to the Secretariat. The withdrawal shall take effect on the date indicated in the notification.

9 Where more than one Party is registered for a specific type of derogation, no new registration shall be accepted for that derogation.

Art. 5 Measures to reduce or eliminate discards resulting from unintentional production

Each Party shall take at least the following measures to reduce the total volume of anthropogenic releases of each of the chemical substances listed in Annex C, with the aim of reducing their volume to a minimum and, if possible, eliminating them at Term:

A.
Develop, within two years of the entry into force of the Convention, an action plan or, where appropriate, a regional or sub-regional action plan, and then apply it in the framework of the implementation plan referred to in Art. 7, to identify, characterize and manage releases of Schedule C chemicals and to facilitate the application of paras. (b) to (e). This action plan should include the following:
(i)
An assessment of current and projected releases, including the establishment and maintenance of source inventories and release estimates, taking into account the source categories listed in Annex C,
(ii)
An assessment of the effectiveness of the laws and policies applied by the Party to manage such discharges,
(iii)
Strategies to ensure compliance with obligations under this paragraph, taking into account the assessments provided for in items (i) and (ii),
(iv)
Measures to promote awareness of the above-mentioned strategies and to promote education and training in this area,
(v)
A review of these strategies every five years, to determine the extent to which they have enabled the Party to fulfil its obligations under this paragraph; the results of these reviews will be included in the reports submitted in Application of s. 15,
(vi)
A timetable for the implementation of the action plan, including the strategies and measures set out therein;
B.
Encourage the application of feasible and practical measures to achieve a realistic and appreciable level of reduction in releases or disposal of sources;
C.
Encourage the development and, if deemed appropriate, require the use of modified or replacement materials, products and processes to prevent the formation and release of Schedule C chemicals, taking into account General guidelines for the prevention and reduction of releases contained in Annex C and the guidelines to be adopted by decision of the Conference of the Parties;
D.
To encourage and, in accordance with the timetable for the implementation of its action plan, require the use of the best available techniques for new sources within the categories of sources identified by a Party as justifying this Treatment as part of its action plan, initially focusing on the source categories listed in Part II of Annex C. In any event, the use of the best available techniques for new sources The inside of the categories listed in Part II of that Annex will be introduced as soon as And no later than four years after the entry into force of this Convention for that Party. For the categories thus identified, Parties will encourage the use of best environmental practices. For the application of best available techniques and best environmental practices, the Parties should take into account the general guidelines for the prevention and reduction measures contained in Annex C, as well as Guidelines on best available techniques and best environmental practices to be adopted by decision of the Conference of the Parties;
E.
Encourage, in accordance with its action plan, the use of best available techniques and best environmental practices:
(i)
For existing sources, within the categories of sources listed in Part II of Annex C and source categories such as those listed in Part III of that Annex,
(ii)
For new sources, within categories of sources such as those listed in Part III of Schedule C for which this Party did not do so under para. (d).
In the application of best available techniques and best environmental practices, the Parties should take into account the general guidelines for the prevention and control measures contained in Annex C, as well as Guidelines on best available techniques and best environmental practices to be adopted by decision of the Conference of the Parties;
F.
For the purposes of this paragraph and Annex C:
(i)
"Best available techniques" means the most efficient and advanced stage of development of activities and their modes of exploitation, demonstrating the practical ability of particular techniques to constitute, in principle, the basis of Limitations on releases to prevent and, where this is not possible, generally reduce releases of the chemicals listed in Part I of Schedule C and their impact on the environment as a whole. In this respect,
(ii)
"Technology" means both the technology used and the manner in which the facility is designed, constructed, maintained, operated and decommissioned,
(iii)
"Available" techniques means the techniques to which the operator may have access and which are developed on a scale allowing them to be applied in the industrial sector concerned, under economically and technically Sustainable, taking into account costs and benefits,
(iv)
"Best" means the most effective techniques for achieving a high overall level of environmental protection,
(v)
"Best environmental practices" refers to the application of the most appropriate combination of environmental regulatory strategies and measures,
(vi)
"New source" means any source that begins to be constructed or is undertaken to substantially change at least one year after the Effective Date:
A.
Of this Convention in respect of the Party concerned, or
B.
An amendment to Annex C for the Party concerned, where the source is subject to the provisions of this Convention only under that amendment.
G.
Release limit values or operating standards may be used by a Party to meet its best practice obligations under this paragraph.
Art. 6 Measures to reduce or eliminate releases from stockpiles and wastes

1 In order to ensure that stocks of chemicals listed in Annex A or Annex B, or containing them, and waste, including products and articles reduced to the state of waste, consist of chemicals listed in Annex A, B or C, containing or contaminated by these substances shall be managed in a manner that protects human health and the environment, each Party shall:

A.
Develops appropriate strategies to identify:
(i)
Stocks of chemicals listed in Annex A or Annex B, or containing, and
(ii)
The products and articles in circulation and the waste consisting of a chemical substance listed in Annex A, B or C, containing or contaminated by that substance;
B.
Identifies, to the extent possible, stocks of chemicals listed in Annex A or Annex B, or containing, on the basis of the strategies referred to in para. (a);
C.
Manages stocks, where appropriate, in a safe, efficient and environmentally sound manner. The stocks of chemical substances listed in Annex A or Annex B which are no longer permitted to be used in accordance with a specific derogation provided for in Annex A or a specific derogation or an acceptable purpose provided for in Annex B, to The exception of stocks permitted to be exported in accordance with paragraph (a). 2 of the art. 3, are considered waste and are managed in accordance with para. (d);
D.
Take appropriate measures to ensure that waste, including products and articles, once reduced to the state of waste:
(i)
Are handled, collected, transported and stored in an environmentally sound manner,
(ii)
Are disposed of in such a way that the persistent organic pollutants they contain are destroyed or irreversibly transformed, so that they no longer present the characteristics of persistent organic pollutants, or otherwise Disposed of in an environmentally sound manner when destruction or irreversible transformation is not the preferable option from an ecological point of view or the content of persistent organic pollutants is low, taking into account the rules, International standards and guidelines, including those that may be Developed in accordance with par. 2, and relevant regional and global regimes governing hazardous waste management,
(iii)
Shall not be subject to disposal operations which may lead to recovery, recycling, regeneration, direct reuse or other uses of persistent organic pollutants,
(iv)
Are not subject to transboundary movement without taking into account relevant international rules, standards and guidelines;
E.
Shall endeavour to develop appropriate strategies for identifying sites contaminated with chemicals listed in Annex A, B or C; if the decontamination of these sites is undertaken, it shall be carried out in an environmentally sound manner Rational.

2 The Conference of the Parties shall cooperate closely with the appropriate bodies of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal for, inter alia:

A.
To establish the levels of destruction and irreversible transformation necessary to ensure that the characteristics of the persistent organic pollutants listed in s. 1 of Annex D is not present;
B.
Determine the methods they consider to constitute the environmentally sound disposal referred to above;
C.
Endeavour to establish, where appropriate, levels of concentration of chemicals listed in Annexes A, B and C in order to define the low level of persistent organic pollutants referred to in item (ii) of para. (d) para. 1.
Art. 7 Implementation Plans

1 Each Party shall:

A.
Develop and endeavour to implement a plan to meet its obligations under this Convention;
B.
Transmit its implementation plan to the Conference of the Parties within two years of the date of entry into force of the Convention;
C.
Review and update, where appropriate, its implementation plan at regular intervals and in a manner to be specified by the Conference of the Parties in a decision to that effect.

2 The Parties shall cooperate, as appropriate, directly or through global, regional and subregional organizations, and consult with their national stakeholders, including women's associations and relevant organizations In the area of child health to facilitate the development, implementation and updating of their implementation plans.

3 The Parties shall endeavour to use and, if necessary, establish means for integrating national implementation plans for persistent organic pollutants into their sustainable development strategies, as appropriate.

Art. 8 Listing of chemicals in Appendices A, B and C

1 A Party may submit to the Secretariat a proposal for the listing of a chemical substance in Annexes A, B and/or C. This proposal shall contain the information required in Annex D. A Party may be assisted by other Parties and/or Secretariat to develop its proposal.

2 The Secretariat shall check whether the proposal contains the information required in Annex D. If the Secretariat considers that the proposal contains this information, it shall forward it to the Persistent Organic Pollutants Review Committee.

3 The Committee shall review the proposal and apply the selection criteria set out in Annex D in a flexible and transparent manner, taking account of all the information provided in an integrated and balanced manner.

4 If the Committee decides that:

A.
The proposal meets the selection criteria, communicates, through the Secretariat, the proposal and evaluation of the Committee to all Parties and observers and invites them to submit the information required in Annex E;
B.
The proposal does not meet the selection criteria; it shall, through the Secretariat, inform all Parties and observers of the proposal and communicate the proposal and evaluation of the Committee to all Parties and the proposal shall be rejected.

5 Any Party may resubmit to the Committee a proposal which the Committee has rejected in accordance with para. 4. The proposal so resubmitted may reflect the concerns of the Party concerned, as well as the reasons for further consideration by the Committee. If, as a result of this procedure, the Committee rejects the proposal again, the Party may challenge the decision of the Committee, and the Conference of the Parties shall consider the matter at its next session. The Conference of the Parties may decide, on the basis of the criteria for the selection of Annex D and taking into account the evaluation of the Committee and any additional information provided by a Party or an observer, that Proposal.

6 Where the Committee has decided that the proposal meets the criteria for selection, or that the Conference of the Parties has decided to proceed with the proposal, the Committee shall review the proposal, taking into account any information And prepare a draft risk profile in accordance with Annex E. It shall communicate this project, through the Secretariat, to all Parties and observers, shall collect their comments And, taking into account these observations, completes the risk profile.

7 If, on the basis of the risk profile set out in Annex E, the Committee decides:

A.
That the chemical is likely, due to its long-range transport in the environment, to have significant adverse effects on human health and/or the environment justifying the adoption of measures at global level, it is given Following the proposal. The lack of full scientific certainty does not prevent the proposal from being acted upon. The Committee, through the Secretariat, requests all Parties and observers to provide information relevant to the considerations set out in Annex F. It then establishes an assessment of risk management that includes Analysis of possible regulatory measures for the chemical in accordance with the said annex;
B.
That the proposal should not be acted upon, it shall, through the Secretariat, communicate the risk profile to all Parties and observers and reject the proposal.

8 For any proposal rejected in accordance with para. (b) from s. 7, a Party may request the Conference of the Parties to consider the possibility of instructing the Committee to request additional information from the Party submitting the proposal and to other Parties for a period not exceeding one year. Once this period has elapsed, and on the basis of any information received, the Committee shall review the proposal in accordance with para. 6 with a priority to be decided by the Conference of the Parties. If, as a result of this procedure, the Committee rejects the proposal again, the Party may challenge the decision of the Committee, and the Conference of the Parties shall consider the matter at its next session. The Conference of the Parties may decide, on the basis of the risk profile established in accordance with Annex E and taking into account the evaluation of the Committee and any additional information provided by a Party or an observer, that it should be given Following the proposal. If the Conference of the Parties decides that the proposal should be acted upon, the Committee shall establish the risk management assessment.

9 On the basis of the risk profile referred to in paragraph 1. 6 and the risk management assessment referred to in para. (a) para. 7 and para. 8, the Committee recommends that the Conference of the Parties consider the inclusion of the chemical in Annexes A, B and/or C. The Conference of the Parties, taking due account of the Committee's recommendations, including any uncertainty Decides, in a precautionary manner, whether or not to inscribe the chemical substance in Annexes A, B and/or C, specifying the regulatory measures for this substance.

Art. Exchange of information

1 Each Party shall facilitate or undertake the exchange of information relating to:

A
The reduction or elimination of the production, use and release of persistent organic pollutants;
B.
Alternatives to persistent organic pollutants, including information on their risks and their economic and social costs.

2 The Parties shall exchange the information referred to in paragraph 1. 1 directly or through the Secretariat.

3 Each Party shall designate a national focal point for the exchange of such information.

4 The Secretariat plays the role of clearing house for information on persistent organic pollutants, including information from Parties and intergovernmental and non-governmental organizations.

5 For the purposes of this Convention, information concerning the health and safety of persons and the safety and protection of the environment shall not be considered confidential. Parties exchanging other information under the Convention shall respect the confidentiality of information as mutually agreed.

Art. 10 Public information, awareness and education

1 Each Party shall, to the extent of its means, promote and facilitate:

A.
Raising awareness among policy-makers and decision-makers of persistent organic pollutants;
B.
The provision to the public of all available information on persistent organic pollutants, taking into account the provisions of s. 5 of the art. 9;
C.
The development and implementation of education and awareness-raising programmes, in particular for women, children and the less educated, on persistent organic pollutants, and on their health effects; The environment and alternatives;
D.
Public participation in the consideration of persistent organic pollutants and their effects on health and the environment and the development of appropriate solutions, including opportunities for national contributions to The application of this Convention;
E.
Training of workers, scientists, educators, and technical and management personnel;
F.
The development and exchange of education and awareness materials at the national and international levels;
G.
The development and implementation of education and training programmes at the national and international levels.

2 Each Party shall, to the extent of its means, ensure that the public has access to the public information referred to in s. 1 and that this information is kept up to date.

3 Each Party shall, to the extent of its means, encourage industry and professional users to facilitate and facilitate the provision of the information referred to in s. 1 at the national level and, where appropriate, at the subregional, regional and global levels.

4 For the provision of information on persistent organic pollutants and alternatives, Parties may use safety data sheets, reports, media and other means of communication, and Information centres at the national and regional levels.

5 Each Party shall kindly consider the development of mechanisms, such as pollutant release and transfer registers, for the collection and dissemination of information on estimates of annual quantities of chemicals Schedule A, B or C that are rejected or disposed of.

Art. 11 Research-development and monitoring

1 The Parties shall, to the extent of their means, encourage and/or undertake, at the national and international levels, appropriate research and development, monitoring and cooperation activities concerning persistent organic pollutants And, where appropriate, alternatives and potential persistent organic pollutants, including the following:

A.
Sources and releases to the environment
B.
Presence, levels and trends in human beings and the environment;
C.
Propagation, fate and transformation in the environment;
D.
Effects on human health and the environment;
E.
Socio-economic and cultural impacts;
F.
Reduction or elimination of releases;
G.
Harmonised methodologies for the inventory of sources of production and analytical techniques for measuring releases.

2 When undertaking activities under s. 1, the Parties, to the extent of their means:

A.
Support and strengthen, where appropriate, international organizations, networks and programmes aimed at defining, conducting, evaluating and funding research, data collection and monitoring, taking into account the need for Minimize duplication of effort;
B.
Support national and international activities to strengthen national capacity for scientific and technical research, in particular in developing countries and countries with economies in transition, and to promote access to data And their analysis and exchange;
C.
Take into account the concerns and needs, in particular financial and technical resources, of developing countries and countries with economies in transition, and cooperate in strengthening their capacity to participate in activities Subs. (a) and (b);
D.
Undertake research to mitigate the effects of persistent organic pollutants on reproductive health;
E.
Make the results of their research and development and monitoring activities referred to in this paragraph available to the public in good time and at regular intervals;
F.
Encourage and/or undertake cooperation in the storage and maintenance of information from research and development activities and monitoring.
Art. 12 Technical assistance

1 The Parties recognize that the timely provision of appropriate technical assistance at the request of Parties that are developing countries or economies in transition is essential for the successful implementation of this Convention.

2 The Parties shall cooperate to provide, in due time, appropriate technical assistance to Parties that are developing countries or economies in transition in order to assist them, taking into account their particular needs, to develop and strengthen Their capacity to fulfil their obligations under the Convention.

3 In this regard, technical assistance to be provided by the developed countries Parties, and other Parties to the extent of their means, shall include, as appropriate and as mutually agreed, the provision of technical assistance for Capacity-building for the fulfilment of obligations under the Convention. Additional guidance will be provided by the Conference of the Parties.

4 The Parties shall, where appropriate, arrange for technical assistance and technology transfer to Parties that are developing countries or countries with economies in transition for the implementation of this Convention. These provisions include the establishment of regional and subregional centres for capacity-building and technology transfer in order to assist Parties that are developing countries or countries with economies in transition Their obligations under the Convention. Additional guidance will be provided by the Conference of the Parties.

5 For the purposes of this Article, the Parties shall take fully into account the specific needs and circumstances of the least developed countries and small island developing States when making decisions concerning Technical assistance.

Art. 13 Financial Resources and Funding Mechanisms

1 Each Party undertakes to provide, to the extent of its resources, financial support and incentives for national activities aimed at the achievement of the objective of this Convention, in accordance with its plans, priorities and National programs.

2 Developed country Parties shall provide new and additional financial resources to enable Parties that are developing countries or economies in transition to cover all agreed incremental costs of the implementation of the Measures to enable them to fulfil their obligations under the Convention, as agreed between a beneficiary Party and an entity participating in the mechanism described in subs. 6. Other Parties may also, on a voluntary basis and to the extent of their means, provide such financial resources. Contributions from other sources should also be encouraged. In carrying out these commitments, account shall be taken of the need for adequate, predictable and timely funding and the importance of burden-sharing among contributing Parties.

3 Developed country Parties, and other Parties within their means and in accordance with their national plans, priorities and programmes, may also provide, and Parties that are developing countries or countries with economies in transition, to obtain Financial resources to assist them in the implementation of this Convention by other bilateral, regional or multilateral sources and channels.

4 The extent to which developing country Parties will effectively fulfil their commitments under the Convention will depend on the extent to which the developed country Parties will effectively fulfil their commitments to the Convention. Title of the Convention with regard to financial resources, technical assistance and technology transfer. Full consideration will be given to the fact that sustainable economic and social development and the eradication of poverty are, for developing country Parties, the highest priority, with due regard to the need to protect human health and Environment.

5 The Parties shall take full account of the specific needs and circumstances of least developed countries and small island developing States when making funding decisions.

6 It is hereby defined as a mechanism for the provision to Parties that are developing countries or economies in transition of adequate and regular financial resources as gifts or concessionconditions, in order to assist them Application of the Convention. For the purposes of this Convention, this mechanism shall be placed under the authority, as appropriate, and the direction of the Conference of the Parties, to which it will report. Its management will be entrusted to one or more bodies, including existing international bodies, as determined by the Conference of the Parties. The mechanism may also include other bodies providing multilateral, regional and bilateral financial and technical assistance. Contributions to the mechanism will be added to other financial transfers to Parties that are developing countries or countries with economies in transition, as indicated in para. 2 and in accordance with the provisions of that paragraph.

7 In accordance with the objectives of this Convention and at para. 6, the Conference of the Parties shall adopt, at its first meeting, appropriate guidelines to be given to the mechanism and shall agree with the organization or bodies participating in the funding mechanism for arrangements to give effect to those guidelines. These guidelines will include the following:

A.
Setting priorities for policies, strategies and programs, as well as clear and detailed criteria and guidelines for access to and use of financial resources, including: Monitoring and regular evaluation of this use;
B.
The submission to the Conference of the Parties, by the agency or agencies, of periodic reports on the adequacy and regularity of the financing of activities related to the implementation of the Convention;
C.
The promotion of methods, mechanisms and devices using several sources of funding;
D.
The modalities for determining, in a predictable and clear manner, the amount of financial resources that are necessary and available for the implementation of the Convention, taking into account the fact that the elimination of persistent organic pollutants may Require sustained funding, and conditions under which this amount will be subject to periodic review;
E.
The terms and conditions of providing assistance to interested Parties with respect to the assessment of needs and information on available funding sources and funding arrangements, so as to facilitate coordination between them.

8 The Conference of the Parties shall consider, at the latest at its second meeting and thereafter periodically, the effectiveness of the mechanism established under this Article, its capacity to respond to the evolving needs of the Parties that are countries in Development or economy in transition, the criteria and guidelines referred to in s. 7, the level of funding and the effectiveness of the institutional bodies responsible for managing the funding mechanism. On the basis of this review, it shall take appropriate measures, as appropriate, to improve the effectiveness of the mechanism, in particular by making recommendations and guidelines on measures to be taken to ensure adequate financial resources And regular to meet the needs of the Parties.

Art. 14 Interim Financial Arrangements

The institutional structure of the Global Environment Facility, which operates in accordance with the Instrument for the Restructuring of the Global Environment Facility, is, on a provisional basis, the main operating agency The funding mechanism referred to in s. 13, in the interval between the date of entry into force of this Convention and the first meeting of the Conference of the Parties, or until the Conference of the Parties decides on the institutional structure to be designated in accordance with Art. 13. The institutional structure of the Global Environment Facility should carry out this function through operational measures specifically addressing persistent organic pollutants, taking into account the fact that new Arrangements may be required.

Art. 15 Communication of information

1 Each Party shall report to the Conference of the Parties on the measures it has taken to implement the provisions of this Convention and their effectiveness in achieving the objective of the Convention.

2 Each Party shall provide the Secretariat with:

A.
Statistical data on the total quantities produced, imported and exported from each of the chemical substances listed in Schedule A and B, or a plausible estimate of these quantities;
B.
To the extent possible, a list of the states from which it has imported each substance, and the states to which it has exported each substance.

3 This information shall be provided periodically and in a format to be determined by the Conference of the Parties at its first meeting.

Art. 16 Evaluating effectiveness

1 Four years after the date of entry into force of this Convention, and thereafter at regular intervals thereafter, the Conference of the Parties shall evaluate the effectiveness of the Convention.

2 In order to facilitate this assessment, the Conference of the Parties at its first meeting shall decide on the establishment of arrangements for the availability of comparable monitoring data on the presence of the chemicals listed in the Annexes A, B and C, as well as their environmental spread at the regional and global levels. These arrangements:

A.
Should be implemented by the Parties on a regional basis, where appropriate, according to their technical and financial means, taking advantage, to the extent possible, of existing monitoring programmes and mechanisms and by promoting Harmonization of approaches;
B.
May be completed if necessary, taking into account regional differences and their ability to carry out monitoring activities;
C.
Provide for reporting to the Conference of the Parties on the results of monitoring activities at the regional and global levels, at intervals to be specified by the Conference of the Parties.

3 The evaluation described in par. 1 shall be carried out on the basis of available scientific, environmental, technical and economic information, including:

A.
Reports and other monitoring data provided in accordance with s. 2;
B.
National reports submitted in accordance with Art. 15;
C.
Information on non-compliance received in accordance with procedures established under s. 17.
Art. 17 Non-compliance

The Conference of the Parties shall prepare and approve, as soon as possible, procedures and institutional mechanisms for determining non-compliance with the provisions of this Convention and the measures to be taken in respect of the Parties Counterfeits.

Art. 18 Dispute Settlement

1 The Parties shall settle any dispute arising between them concerning the interpretation or application of this Convention by negotiation or by any other peaceful means of their choice.

2 When ratifying, accepting or approving the Convention or acceding to it, or at any other time thereafter, any Party that is not a regional economic integration organization may declare in a written instrument submitted to the depositary that, for Any dispute concerning the interpretation or application of the Convention, it shall recognize as binding one or both of the following means of dispute settlement in respect of any Party accepting the same obligation:

A.
Arbitration, in accordance with the procedures to be adopted by the Conference of the Parties in an annex as soon as possible;
B.
Submission of the dispute to the International Court of Justice.

3 Any regional economic integration organization Party to the Convention may make a similar declaration concerning arbitration in accordance with the procedure referred to in para. (a) para. 2.

4 Any declaration made pursuant to s. 2 or 3 shall remain in force until the expiration of the time limit stipulated in that declaration or until the expiration of a period of three months from the filing of the written notification of its revocation with the depositary.

5 The expiration of a declaration, the notification of the revocation of a declaration or the filing of a new declaration shall in no way affect the proceedings before a arbitral tribunal or the International Court of Justice, unless the parties to the Dispute does not otherwise agree.

6 If the parties to a dispute have not accepted the same means of settlement or one of the procedures set out in par. 2, and if they have not been able to resolve their dispute within twelve months of the notification by a party to another part of the existence of a dispute between them, the dispute shall be submitted to a conciliation commission, on request Any of the parties to the dispute. The Conciliation Committee presents a report with recommendations. Additional procedures for the conciliation commission will be included in an annex to be adopted by the Conference of the Parties at the latest at its second meeting.

Art. 19 Conference of the Parties

1 A Conference of the Parties shall be hereby established.

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

3 Extraordinary meetings of the Conference of the Parties may take place at any other time if the Conference deems it necessary, or at the written request of a Party, provided that this request is supported by at least one third of the Parties.

4 The Conference of the Parties shall adopt and adopt by consensus, at its first meeting, its rules of procedure and financial management rules and those of any subsidiary body, as well as the financial provisions governing the operation of the Secretariat.

5 The Conference of the Parties shall monitor and evaluate the implementation of this Convention on an ongoing basis. It shall carry out the functions assigned to it by the Convention and, to that end:

A.
Creates, in accordance with the provisions of s. 6, the subsidiary bodies it deems necessary for the implementation of the Convention;
B.
Cooperates, as appropriate, with international organizations and relevant intergovernmental and non-governmental organizations;
C.
Shall periodically review all information provided to the Parties pursuant to Art. 15, and considers in particular the effectiveness of item (iii) of para. (b) from s. 2 of the art. 3,
D.
Considers and takes any other measures necessary for the achievement of the objectives of the Convention.

6 The Conference of the Parties shall, at its first meeting, establish a subsidiary body known as the Persistent Organic Pollutants Review Committee, which shall carry out the functions entrusted to it under the Convention. In this respect:

A.
Members of the Persistent Organic Pollutants Review Committee shall be appointed by the Conference of the Parties. The Committee is made up of experts in the assessment or management of chemicals designated by governments. The members of the Committee shall be appointed on the basis of equitable geographical distribution;
B.
The Conference of the Parties shall decide on the mandate, organization and functioning of the Committee;
C.
The Committee makes every effort to adopt its recommendations by consensus. When all his efforts remain in vain and no consensus is possible, his recommendations shall be adopted, as a last resort, by a two-thirds majority of the members present and voting.

7 The Conference of the Parties shall, at its third meeting, assess the need to maintain the procedure provided for in para. (b) from s. 2 of the art. 3, in particular by examining its effectiveness.

8 The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State which is not a Party to this Convention, may be represented at the meetings of the Conference of the Parties As observers. Any body or body, national or international, governmental or non-governmental, competent in the areas covered by the Convention and who has informed the Secretariat of its desire to be represented at a meeting of the Conference of the Parties As an observer may be admitted to take part in it unless at least one third of the Parties present object to it. The admission and participation of observers shall be subject to compliance with the rules of procedure adopted by the Conference of the Parties.

Art. Secretariat

1 A Secretariat shall be hereby established.

2 The functions of the Secretariat are:

A.
To organize and provide appropriate services to the meetings of the Conference of the Parties and its subsidiary bodies;
B.
Facilitate the provision of assistance to Parties, in particular to Parties that are developing countries or economies in transition, upon request, for the purposes of the implementation of this Convention;
C.
Ensure the necessary coordination with the secretariats of other relevant international bodies;
D.
To prepare and transmit to the Parties periodic reports based on information received under Art. 15 and other available information;
E.
Conclude, under the supervision of the Conference of the Parties, the administrative and contractual arrangements that may be required for the effective performance of its functions;
F.
Carry out the other secretarial tasks specified in the Convention and any other functions that may be entrusted to it by the Conference of the Parties.

3 The secretariat functions of this Convention shall be 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 To entrust the functions of the secretariat to one or more other international organizations.

Art. Amendments to the Convention

1 Any Party may propose amendments to this Convention.

2 The amendments to the Convention were adopted at a meeting of the Conference of the Parties. The text of any proposed amendment shall be communicated to the Parties by the Secretariat at least six months before the meeting to which it is submitted for adoption. The Secretariat shall also communicate the proposed amendments to the signatories to the Convention and, for information purposes, to the depositary.

3 The Parties shall make every effort to reach agreement by consensus on any proposed amendment to this Convention. If all efforts to that end have remained in vain, the amendment shall be adopted as a last resort by a majority vote of three-fourths of the Parties present and voting.

4 The depositary shall communicate the amendment to all Parties for the purpose of ratification, acceptance or approval.

5 The ratification, acceptance or approval of an amendment shall be notified in writing to the depositary. Any amendment adopted in accordance with paragraph 1. 3 shall enter into force for the Parties having accepted it on the ninetieth day after the date of deposit of the instruments of ratification, acceptance or approval by at least three-fourths of the Parties. Thereafter, the amendment shall enter into force in respect of any other Party on the ninetieth day after the date of the deposit by that Party of its instrument of ratification, acceptance or approval of the amendment.

Art. Adoption and amendment of annexes

1 Annexes to this Convention shall form an integral part of the Convention and, unless expressly provided otherwise, any reference to the Convention shall also constitute a reference to its annexes.

2 Any new annex relates exclusively to procedural matters or questions of a scientific, technical or administrative nature.

3 The proposal, adoption and entry into force of additional annexes to the Convention shall be governed by the following procedure:

A.
The additional annexes are proposed and adopted in accordance with the procedure set out in subs. 1, 2 and 3 of Art. 21;
B.
Any Party which is not in a position to accept an additional Annex shall notify the depositary in writing within one year of the date of communication by the depositary of the adoption of the supplementary Annex. The latter shall promptly inform all Parties of any notification received. A Party may at any time withdraw an earlier notification of non-acceptance of an additional annex, and that annex shall then enter into force in respect of that Party subject to the provisions of para. (c);
C.
After the expiration of one year from the date of communication by the depositary of the adoption of an additional Annex, that Annex shall enter into force in respect of all Parties that have not communicated notification in application Of the provisions of para. (b).

4 The proposal, the adoption and the entry into force of amendments to Annex A, B or C shall be subject to the same procedure as the proposal, the adoption and entry into force of additional annexes to the Convention, if only an amendment to the Annex A, B or C shall not enter into force in respect of a Party that has made a statement in respect of amendments to those Annexes pursuant to subs. 4 of Art. 25, in which case the amendment shall enter into force for that Party on the ninetieth day after the date of deposit with the depositary of its instrument of ratification, acceptance or approval of the said amendment or accession thereto.

5 The following procedure shall apply to the proposal, adoption and entry into force of any amendment to Annex D, E or F:

A.
Amendments are proposed in accordance with the procedure laid down in s. 1 and 2 of Art. 21;
B.
The Parties shall decide on any amendment to Annex D, E or F by consensus;
C.
Any decision to amend Annex D, E or F shall be immediately communicated to the Parties by the depositary. This amendment shall enter into force for all Parties at a date to be specified in the decision.

6 Where an additional Annex or an amendment to an Annex relates to an amendment to the Convention, the said supplementary Annex or amendment shall enter into force only when the amendment to the Convention enters into force.

Art. Right to vote

1 Each Party to the Convention shall have one vote, subject to the provisions of subs. 2.

2 Regional economic integration organizations shall have, in order to exercise their right to vote in matters falling within their competence, a number of votes equal to the number of their member States which are Parties to the Convention. They shall not exercise their right to vote if any of their member States exercises theirs, and vice versa.

Art. 24 Signature

This Convention shall be open for signature by all States and regional economic integration organizations in Stockholm on 23 May 2001 and at United Nations Headquarters in New York from 24 May 2001 to 22 May 2002.

Art. 25 Ratification, acceptance, approval or accession

1 This Convention shall be subject to ratification, acceptance or approval by States and regional economic integration organizations. It is open to the accession of states and regional economic integration organisations the day after the day on which it ceases to be open for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.

2 Any regional economic integration organization which becomes a Party to this Convention without any of its member States being a Party shall be bound by all the obligations set out in the Convention. Where one or more member States of one of these organizations are Parties to the Convention, the organization and its member States agree on their respective responsibilities with regard to the fulfilment of their obligations under the Convention. Of the Convention. In such cases, the organization and its member states are not entitled to exercise their rights under the Convention concurrently.

3 In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall indicate the extent of their competence in the areas covered by the Convention. Such organizations shall also inform the depositary, which shall in turn inform the Parties, of any relevant changes in the scope of their competence.

4 In its instrument of ratification, acceptance, approval or accession, any Party may declare that any amendment to Annex A, B or C shall enter into force in its respect only after the deposit of its instrument of ratification, acceptance or Approval of the amendment or accession thereto.

Art. 26 Entry into force

1 This Convention shall enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession.

2 In respect of each State or regional economic integration organization which ratifies, accepts, approves or accedes to it after the deposit of the fiftieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into The ninetieth day following the date of the deposit by that State or organization of its instrument of ratification, acceptance, approval or accession.

3 For the purposes of s. 1 and 2, the instrument deposited by a regional economic integration organisation is not considered to be in addition to the instruments already deposited by the Member States of that organisation.

Art. 27 Reservations

No reservation may be made to this Convention.

Art. 28 Denunciation

1 At the expiration of a period of three years from the date of entry into force of this Convention in respect of a Party, the said Party may at any time denounce the Convention by written notification to the depositary.

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

Art. Depositary

The Secretary-General of the United Nations shall be the depositary of this Convention.

Art. 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 Secretary-General of the United Nations.

In witness whereof, The undersigned, to that duly authorized, have signed this Convention.

Done at Stockholm, the twenty-two May two thousand one .

(Suivent signatures)

Annex A 1

Elimination

Part I

Chemical substance

Activity

Specific Derogation 2

Aldrin *

N O CAS: 309-00-2

Production

None

Usage

Ectoparasiticide local

Insecticide

Alpha-hexachlorocyclohexane *

N O CAS: 319-84-6

Production

None

Usage

None

Beta-hexachlorocyclohexane

N O CAS: 319-85-7

Production

None

Usage

None

Chlordane *

N O CAS: 57-74-9

Production

As authorized by the Parties on the register

Usage

Ectoparasiticide local

Insecticide

Termiticide

Termiticide in buildings and dams

Route Termiticide

Additive in plywood adhesives

Chlordecone *

N O CAS: 143-50-0

Production

None

Usage

None

Dieldrin *

N O CAS: 60-57-1

Production

None

Usage

Agricultural activities

Chemical substance

Activity

Specific Derogation

Technical Endosulfan * (N O CAS: 115 -29-7) and endosulfan isomers * (N O CAS: 959-98-8 and N O CAS: 33213-65-9)

Production

As authorized by the Parties on the register

Usage

Culture/pest combinations listed in accordance with the provisions of Part VI of this Annex

Endrin *

N O CAS: 72-20-8

Production

None

Usage

None

Heptachlor *

N O CAS: 76-44-8

Production

None

Usage

Termiticide

Termiticide in the frame of the houses

Termiticide (underground)

Treating wood

Underground Cable Enclosures

Hexabromobiphenyl *

N O CAS: 36355-01-8

Production

None

Usage

None

Hexabromocyclododecane

Production

As authorized by the Parties on the Register, in accordance with the provisions of Part VII of this Annex

Usage

Expanded and extruded Polystyrene used in the building sector in accordance with the provisions of Part VII of this Annex

Hexabromodiphenyl ether * and Heptabromodiphenyl ether *

Production

None

Usage

Articles, in accordance with the provisions of Part IV of this Annex

Hexachlorobenzene

N O CAS: 118-74-1

Production

As authorized by the Parties on the register

Usage

Intermediate Product

Solvent in Pesticides

Closed Circuit Intermediary on a Specified Site 3

Lindane *

N O CAS: 58-89-9

Production

None

Usage

Pharmaceutical product for second line treatment of lice and gale in man

Mirex *

N O CAS: 2385-85-5

Production

As authorized by the Parties on the register

Usage

Termiticide

Pentachlorobenzene *

N O CAS: 608-93-5

Production

None

Usage

None

Polychlorinated biphenyls

(PCB) *

Production

None

Usage

Items outstanding in accordance with the provisions of Part II of this Annex

Tetrabromodiphenyl ether * and Pentabromodiphenyl ether *

Production

None

Usage

Articles, in accordance with the provisions of Part V of this Annex

Toxaphene *

N O CAS: 8001-35-2

Production

None

Usage

None

Notes:

(i)
Except as otherwise provided by the Convention, the quantities of a chemical not intentionally present in products and articles in the form of a trace contaminant are not considered to be covered by this Annex.
(ii)
This note should not be considered as a specific exemption for production and use for the purposes of s. 2 of the art. 3. The quantities of a chemical present in the form of constituents of manufactured articles or already in circulation before or on the date of entry into force of the relevant obligation in respect of that substance shall not be considered as Subject to this Annex, provided that the Party has notified the Secretariat that a particular type of article is still in circulation in that Party. The Secretariat shall make such notifications available to the public.
(iii)
This note, which does not apply to chemicals whose names are followed by an asterisk in the column "Chemical substance" in Part I of this Annex, should not be considered as a specific derogation Concerning production and use for the purposes of s. 2 of the art. 3. Since appreciable quantities of the chemical are not expected to reach human beings and the environment during the production and use of a closed circuit intermediate on a specific site, a Party that The Secretariat may authorize the production and use, as a closed circuit intermediate on a specified site, of quantities of a chemical listed in this chemically transformed annex in the manufacture of others Chemical substances that, having regard to the criteria set out in s. 1 of Appendix D does not show the characteristics of a persistent organic pollutant. This notification shall include data on the total production and use of this chemical or a plausible estimate of such data and information on the nature of the closed-circuit process at a specific site, including the Quantity of persistent organic pollutant used as unprocessed starting material and not intentionally present as a trace contaminant in the final product. This procedure shall apply unless otherwise provided in this Annex. The Secretariat shall make such notifications available to the Conference of the Parties and the public. Such production or use shall not be regarded as a specific derogation for production or use. Such production and use shall be terminated after ten years, unless the Party concerned sends a new notification to the Secretariat, in which case the time limit shall be extended by ten years, unless the Conference of the Parties decides Otherwise, after review of production and use. The notification procedure can be repeated.
(iv)
The Parties have registered them with respect to them in accordance with Art. 4 may take advantage of all the specific derogations provided for in this Annex, with the exception of the use of polychlorinated biphenyls in articles in circulation in accordance with the provisions of Part II, of which all The Parties may rely on the use of hexabromodiphenyl ether and heptabromodiphenyl ether in accordance with Part IV, and the use of tetrabromodiphenyl ether and pentabromodiphenyl ether in accordance with Provisions of Part V of this Annex.

Part II Polychlorinated biphenyls

Each Party shall:

A.
With regard to the elimination of the use of polychlorinated biphenyls in equipment (e.g. transformers, capacitors, or other containers containing liquids) by 2025, subject to review by the Conference of the Parties, shall Measures in accordance with the following priorities:
(i)
Resolutely identify, label and remove equipment containing more than 10 % and 5 litres of polychlorinated biphenyls,
(ii)
Resolutely identify, label and remove equipment containing more than 0.05 % and 5 litres of polychlorinated biphenyls,
(iii)
Seek to identify and remove equipment containing more than 0.005 % and 0.05 litres of polychlorinated biphenyls from the circulation;
B.
In accordance with the priorities set out in para. (a) focuses on the following measures to reduce exposure and risks to regulate the use of polychlorinated biphenyls:
(i)
Use only in equipment that is intact and is not leaking and only in places where the risk of release to the environment can be minimized and where it can be promptly remedied,
(ii)
No use in equipment located in places linked to the production or processing of foodstuffs or feedingstuffs,
(iii)
In the case of use in populated areas, including schools and hospitals, adoption of all measures that can reasonably be taken to prevent electrical outages that could cause a fire, and inspection at Regular intervals of equipment to detect leaks;
C.
Notwithstanding the provisions of s. 2 of the art. 3, ensures that equipment containing polychlorinated biphenyls, as described in para. (a) are not exported or imported except for the environmentally sound management of the waste;
D.
Except for maintenance and maintenance operations, does not allow recovery for reuse in other equipment for liquids with polychlorinated biphenyls in excess of 0.005 %;
E.
Works resolutely to achieve the environmentally sound management of liquid waste containing polychlorinated biphenyls and equipment contaminated with polychlorinated biphenyls with a polychlorinated biphenyl content of more than 0.005 %, In accordance with the provisions of s. 1 of the art. 6, as soon as possible and no later than 2028, subject to review by the Conference of the Parties;
F.
In lieu of Note (ii) of Part I of this Schedule, attempts to identify other items with polychlorinated biphenyls in excess of 0.005 per cent (for example, cable sheaths, calming materials and painted objects) and to manage them As per s. 1 of the art. 6;
G.
Shall draw up a report every five years on the progress made in the elimination of polychlorinated biphenyls and submit it to the Conference of the Parties pursuant to Art. 15;
H.
The reports referred to in para. (g) are, as appropriate, considered by the Conference of the Parties as part of the review of polychlorinated biphenyls. The Conference of the Parties shall review the progress made in the elimination of polychlorinated biphenyls every five years or at any other time, as appropriate, taking into account the reports referred to above.

Part III Definitions

For the purposes of this Annex:

A.
"Hexabromodiphenyl ether" and "heptabromodiphenyl ether" refer to 2,2 ', 4.4', 5,5 ' - hexabromodiphenyl ether (BDE-153, N O CAS: 68631-49-2), 2,2 ', 4.4', 5.6 ' - hexabromodiphenyl ether (BDE-154, N O CAS: 207122-15 -4), 2.2 ', 3.3', 4.5 ', 6-heptabromodiphenyl ether (BDE-175, N O CAS: 446255-22-7) and 2.2 ', 3.4.4', 5 ', 6-heptabromodiphenyl ether (BDE-183, N O CAS: 207122-16-5) and the other hexa-and heptabromodiphenyl ethers present in commercial octabromodiphenyl ether.
B.
"Tetrabromodiphenyl ether" and "pentabromodiphenyl ether" refer to 2,2 ', 4,4' - tetrabromodiphenyl ether (BDE-47, N O CAS: 5436-43-1) and 2.2 ', 4.4', 5-pentabromodiphenyl ether (BDE-99, N O CAS: 60348-60-9) and other tetra-and pentabromodiphenyl ethers present in commercial pentabromodiphenyl ether.
C.
Hexabromocyclododecane is defined as hexabromocyclododecane (N O CAS: 25637-99-4), 1,2,5,6,9,10-hexabromocyclododecane (N O CAS: 3194-55-6) and its principal diastereoisomers: alphahexabromocyclododecane (N O CAS: 134237-50-6); beta-hexabromocyclododecane (N O CAS: 134237-51-7); and gamma-hexabromocyclododecane (N O CAS: 134237-52-8).

Part IV Hexabromodiphenyl ether and heptabromodiphenyl ether

1 A Party may permit the recycling of articles containing or likely to contain hexabromodiphenyl ether and heptabromodiphenyl ether, as well as the permanent use and disposal of articles made from recycled materials Containing or likely to contain hexabromodiphenyl ether and heptabromodiphenyl ether, provided that:

A.
Recycling and final disposal are done in an environmentally sound manner and do not allow the recovery of hexabromodiphenyl ether and heptabromodiphenyl ether for reuse;
B.
The Party shall take measures to prevent the export of articles containing concentrations of hexabromodiphenyl ether and heptabromodiphenyl ether in excess of those permitted in articles sold, used, imported or manufactured on its Territory;
C.
The Party has notified the Secretariat of its intention to use this exemption.

2 At its sixth ordinary meeting, and thereafter at an ordinary meeting on two, the Conference of the Parties will assess the progress made by the Parties in achieving their ultimate goal of eliminating hexabromodiphenyl ether and The heptabromodiphenyl ether contained in the articles and will determine whether it is necessary to maintain this exemption. In all cases, it will expire at the latest by 2030.

Part V Tetrabromodiphenyl ether and pentabromodiphenyl ether

1 A Party may permit the recycling of articles containing or likely to contain tetrabromodiphenyl ether and pentabromodiphenyl ether, as well as the permanent use and disposal of articles made from recycled materials Containing or likely to contain tetrabromodiphenyl ether and pentabromodiphenyl ether, provided that:

A.
Recycling and final disposal are done in an environmentally sound manner and do not allow the recovery of tetrabromodiphenyl ether and pentabromodiphenyl ether for reuse;
B.
The Party does not permit the present derogation to lead to the export of articles containing concentrations of tetrabromodiphenyl ether and pentabromodiphenyl ether above those permitted in its territory;
C.
The Party has notified the Secretariat of its intention to use this exemption.

2 At its sixth ordinary meeting, and thereafter at an ordinary meeting on two, the Conference of the Parties will assess the progress made by the Parties in achieving their ultimate goal of eliminating tetrabromodiphenyl ether and Pentabromodiphenyl ether contained in the articles and will determine whether it is necessary to maintain this exemption. In all cases, it will expire at the latest by 2030.

Part VI Technical Endosulfan and its isomers (endosulfan)

The production and use of endosulfan shall be eliminated, except for Parties that have notified the Secretariat of their intention to produce and/or use it under Art. 4 of the Convention. Specific derogations may be granted for the use of endosulfan on the following culture/parasite combinations:

Culture

Parasite

Apple

Aphids

Angole Peas, Peas

Aphids, caterpillars, pea caterpillars, pea borer

Beans, dol

Aphids, leaf miner, white fly

Pepper, onion, potato

Aphids, jassids

Coffee

Coffee beetle, Borer

Cotton

Aphids, American caterpillar of the Cotonnier, jassides, coiled caterpillar, cotton worm, thrips, white fly

Aubergin, gombo

Aphids, cruciferous moth, jassides, shoot and fruit drills

Arachides

Aphids

Jute

Bihar velue caterpillar, yellow spider

Corn

Aphids, noctuid, piercing

Mango

Fruit fly, eel leafhopper

Mustard

Aphids, midge

Riz

Cécidomyies, spiny chrysomle, stem-borer, white leafhopper

Tea

Aphids, caterpillars, flushworm, cochineal, kermès, small green leafhopper, tea looper, bug Helopeltis, thrips

Tobacco

Aphids, eastern tobacco moth

Tomato

Aphids, cruciferous moth, jassides, leaf miner, shoot and fruit drill, white fly

Wheat

Aphids, moth, termites

Part VII Hexabromocyclododecane

Each Party having a derogation in accordance with Art. 4 for the production and use of hexabromocyclododecane in expanded or extruded polystyrene articles for the construction sector shall take the necessary measures to ensure that the expanded or extruded polystyrene containing Hexabromocyclododecane can be easily identified through its labelling or other means throughout its life cycle.


1 New content according to D n O SC-6/13 of the Conference of the Parties adopted on 10 May 2013, in force for Switzerland since 26 November 2014 ( RO 2016 1033 ).
2 It should be noted that, as of 17 May 2009, no Party was registered for the specific exemptions listed in Annex A concerning aldrin, chlordane, dieldrin, heptachlor, hexachlorobenzene and mirex. Therefore, in accordance with s. 9 of art. 4 of the Convention, no new registration may be accepted for these specific derogations, which are indicated in Italic In the table above.
3 Please note that, if the specific exemption for the use of hexachlorobenzene as a closed-loop intermediate on a given site is no longer valid, this use remains possible under Note (iii).


Status on 26 November 2014

Annex B 1

Restriction

Part I

Chemical substance

Activity

Acceptable Purpose or Specific Waiver 2

PTE

(1-1-1-Trichloro-2,2-bis (4-chlorophenyl) ethane)

CAS No.: 50-29-3

Production

Acceptable Goal:

Use for vector control in accordance with Part II of this Annex

Specific query:

Intermediate in the production of dicofol

Intermediate Product

Usage

Acceptable Goal:

Use for vector control in accordance with Part II of this Annex

Specific query:

Dicofol Production

Intermediate Product

Chemical substance

Activity

Acceptable Purpose or Specific Waiver

Perfluorooctane sulfonic acid

(N O Of CAS: 1763-23-1), its salts A And perfluorooctane sulfonyl fluoride *

(N O CAS: 307-35-7)

Production

Acceptable Goal:

In accordance with Part III of this Annex, production of other chemical substances intended exclusively for the uses listed below.

Production for the uses listed below.

Specific query:

As authorized for Parties registered in the Register

A For example:

Potassium perfluorooctane sulfonate

(CAS No. 2795-39-3); Lithium sulfonate perfluorooctane

(CAS No. 29457-72-5);

Ammonium perfluorooctane sulfonate

(CAS No. 29081-56-9);

Diethanolammonium sulfonate perfluorooctane

(CAS No. 70225-14-8);

Tetraethylammonium perfluorooctane sulfonate

(CAS No. 56773-42-3);

Didecyldimethylammonium perfluorooctane sulfonate (CAS No. 251099-16-8)

Usage

Acceptable Goal:

Use in accordance with Part III of this Schedule for the following acceptable purposes or as an intermediate for the production of chemical substances for the following acceptable purposes:

-
Photo-Imaging
-
Photoresins and anti-reflective coatings for semiconductors
-
Attack agent for engraving semi-conductive semiconductors and ceramic filters
-
Hydraulic fluids for aviation
-
Calibration (hard metal coating) in closed circuit
-
Certain medical devices (such as ethylene and tetrafluoroethylene copolymer sheets (ETFE) and radio-opaque ETFE production, in vitro medical diagnostic devices and color filters for load-coupled sensors)
-
Fire anti-fire
-
Cures for the control of leaf cutter ants Atta spp. And Acr O Myrmex spp.

Specific query:

For specific uses or use as an intermediate product for the production of chemical substances for the following specific uses:

-
Photomasques in the semiconductor and liquid crystal display industries
-
Calibration (hard metal coating)
-
Calibration (decorative metal coating)
-
Electrical and electronic components of some colour printers and copiers
-
Insecticides for the control of imported red fire ants and termites
-
Chemically Assisted Oil Production
-
Carpets
-
Cuir and Clothing
-
Textiles and upholstery
-
Paper and packaging
-
Coatings and Coating Additives
-
Rubber and plastics

Notes:

(i)
Except as otherwise provided by the Convention, the quantities of a chemical not intentionally present in products and articles in the form of a trace contaminant are not considered to be covered by this Annex.
(ii)
This note shall not be regarded as constituting a specific derogation or for an acceptable purpose in relation to the production or use for the purposes of s. 2 of the art. 3. The quantities of a chemical present in the form of constituents of manufactured articles or already in circulation before or on the date of entry into force of the relevant obligation in respect of that substance shall not be considered as Subject to this Annex, provided that the Party has notified the Secretariat that a particular type of article is still in circulation in that Party. The Secretariat shall make such notifications available to the public.
(iii)
This Note should not be considered as a specific exemption for production or use for the purposes of s. 2 of the art. 3. Since appreciable quantities of the chemical are not expected to reach human beings and the environment during the production and use of a closed circuit intermediate on a specific site, a Party that The Secretariat may authorize the production and use, as a closed circuit intermediate on a specified site, of quantities of a chemical listed in this chemically transformed annex in the manufacture of others Chemical substances that, having regard to the criteria set out in s. 1 of Appendix D does not show the characteristics of a persistent organic pollutant. This notification shall include data on the total production and use of this chemical or a plausible estimate of such data and information on the nature of the closed-circuit process at a specific site, including the Quantity of persistent organic pollutant used as unprocessed starting material and not intentionally present as a trace contaminant in the final product. This procedure shall apply unless otherwise provided in this Annex. The Secretariat shall make such notifications available to the Conference of the Parties and the public. Such production or use shall not be regarded as a specific derogation for production or use. This production and use shall be terminated after ten years, unless the Party concerned sends a new notification to the Secretariat, in which case the time limit shall be extended by ten years, unless the Conference of the Parties decides Otherwise, after a review of production and use. The notification procedure can be repeated.
(iv)
The Parties have registered them with respect to them in accordance with Art. 4 may take advantage of all the specific derogations provided for in this Annex.

Part II DDT (1-1-1-trichloro-2bis (4-chlorophenyl) ethane)

1 The production and use of DDT is eliminated except for Parties that have notified the Secretariat of their intention to produce and/or use DDT. A publicly accessible DDT register is hereby established. The Secretariat maintains the DDT register.

2 Each Party that produces and/or uses DDT limits this production and/or use to the control of pathogenic vectors in accordance with the recommendations and guidelines of the World Health Organization The use of DDT, provided that the Party does not have safe, effective and affordable local alternatives.

3 In the event that a Party not listed on the DDT register determines that DDT is in need of DDT for disease vector control, it shall notify the Secretariat as soon as possible to be immediately registered on the DDT register. It also notifies the World Health Organisation at the same time.

4 Each Party using DDT shall provide the Secretariat and the World Health Organization every three years with information on the quantity used, the conditions of that use and its interest in the prophylactic strategy of this Part, in a form to be decided by the Conference of the Parties in consultation with the World Health Organization.

5 In order to reduce and ultimately eliminate the use of DDT, the Conference of the Parties encourages:

A.
Any Party using DDT to develop and implement an action plan as part of the implementation plan referred to in s. 7. This action plan includes:
(i)
The development of regulatory and other mechanisms to ensure that the use of DDT is limited to disease vector control,
(ii)
The use of appropriate alternatives products, methods and strategies, including resistance management strategies to ensure that these alternatives remain effective,
(iii)
Measures to strengthen health care and reduce the incidence of disease;
B.
Parties to promote, to the extent of their means, research and development of chemical and non-chemical substances, safe alternative methods and strategies for Parties using DDT, in relation to the situation of those countries and To reduce the burden of disease for men and the economy. The preferred factors for the study of alternatives or combinations of alternatives include the risks to human health and the environmental impacts of these alternatives. Alternatives to viable DDT should pose fewer risks to human health and the environment, agree to control the disease in light of the circumstances of each Party, and be supported by surveillance data.

6 From its first meeting, and at least every three years thereafter, the Conference of the Parties shall evaluate, in consultation with the World Health Organization, whether DDT remains necessary for the control of pathogenic vectors, on the basis of Available scientific, technical, environmental and economic information, including:

A.
The production and use of DDT and the conditions set out in s. 2;
B.
The availability, relevance and application of alternatives to DDT;
C.
The progress made in strengthening the capacity of countries to use these alternatives safely.

7 A Party may at any time withdraw from the DDT Register, subject to written notification to the Secretariat. This withdrawal shall take effect on the date indicated in the notification.

Part III Perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride

1 The production and use of perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are abandoned by all Parties, except in the cases provided for in Part I of this Annex for the Parties Have indicated to the Secretariat that they intend to produce or use them for an acceptable purpose. It is hereby created a Registry of Acceptable Purposes accessible to the public. The Register shall be maintained by the Secretariat. Any Party not registered in the Register that finds that it requires the use of perfluorooctane sulfonic acid, its salts or perfluorooctane sulfonyl fluoride for an acceptable purpose set out in Part I of this Annex on Report to the Secretariat as soon as possible in order to be immediately available to the Registry.

2 Parties that produce or use these substances shall take into account, where appropriate, guidance provided in the relevant sections of the general guidelines on best available techniques and best environmental practices In Part V of Annex C to the Convention.

3 Every four years, each Party that uses and/or produces these substances shall report on its progress in the elimination of perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride and submit information On such progress at the Conference of the Parties in the context of the provision of information pursuant to Art. 15 of the Convention.

4 In order to reduce and ultimately eliminate the use and/or production of these substances, the Conference of the Parties encourages:

A.
Any Party using these substances to take measures to eliminate the uses for which products or alternatives are available;
B.
Any Party using and/or producing these substances to develop and implement an action plan as part of the implementation plan referred to in s. 7;
C.
The Parties shall promote, to the extent of their means, research and development of non-hazardous chemical and non-chemical alternatives, processes, methods and strategies for use by Parties using these substances, in relation to Situation in these countries. The preferred factors for the study of alternatives or combinations of alternatives include the risks to human health and the environmental impacts of these alternatives.

5 The Conference of the Parties shall assess whether these substances remain necessary for the various previous acceptable purposes and specific derogations, based on the available scientific, technical, environmental and economic information, In particular:

A.
The information provided in the reports referred to in s. 3;
B.
Information on the production and use of these substances;
C.
Information on the availability, relevance and application of alternatives to these substances;
D.
Information on the progress made in strengthening the capacity of countries to use these alternatives safely.

6 The above evaluation will take place at the latest in 2015 for the first and thereafter every four years at an ordinary meeting of the Conference of the Parties.

7 Because of the complexity of their use and the many sectors of society they affect, there may be other applications of these substances, which countries are not aware of. Parties with knowledge of such uses are encouraged to inform the Secretariat as soon as possible.

8 Any Party may at any time withdraw from the Register of acceptable purposes on written notification to the Secretariat. The withdrawal shall take effect on the date indicated in the notification.

9 The provisions of Note (iii) in Part I of Annex B do not apply to these substances.


1 Update according to D. n. SC-4/10 to SC-4/18 of the Conference of the Parties adopted on 8 May 2009, in force since 26 August 2010 ( RO 2011 4405 ). In accordance with para. 4 of Art. 22 of the Conv., the mod. Entered into force for Canada on April 4, 2011 and for Spain on Nov. 14, 2011. New Zealand submitted a notification to the depositary in accordance with paras. B and c of s. 3, and para. 4 of Art. 22 of the Conv. The amendments have not entered into force for that State Party.
2 It should be noted that, as of 17 May 2009, no Party was registered for the specific exemptions listed in Annex B concerning DDT. Therefore, in accordance with s. 9 of art. 4 of the Convention, no new registration may be accepted for this specific exemption, which is indicated in Italic In the table above.


Status on 26 November 2014

Annex C 1

Unintentional production

Part I Persistent organic pollutants subject to obligations under s. 5

This Annex applies to the following persistent organic pollutants, when produced and involuntarily released from anthropogenic sources:

Chemical substance

Hexachlorobenzene (HCB) (N O CAS: 118-74-1)

Pentachlorobenzene (PeCB) (N O CAS: 608-93-5)

Polychlorinated biphenyls (PCBs)

Polychlorinated dibenzo - ð - Dioxins and polychlorinated dibenzofurans (PCDD/PCDF)

Part II Source Categories

Hexachlorobenzene, pentachlorobenzene, polychlorinated biphenyls, polychlorinated biphenyls ð - Dioxins and polychlorinated dibenzofurans are produced and released unintentionally during thermal processes involving organic matter and chlorine, due to incomplete combustion or chemical reactions. The following categories of industrial sources have a relatively high potential for production and release of these substances into the environment:

A.
Waste incinerators, including co-incinerators of municipal, hazardous or medical waste, or sewage sludge;
B.
Burning hazardous waste in cement kilns;
C.
Pulp production using elemental chlorine, or chemicals generating elemental chlorine, for bleaching;
D.
The following thermal processes in the metallurgical industry:
(i)
Secondary copper production,
(ii)
Metallurgical industry sintering facilities,
(iii)
Secondary aluminum production,
(iv)
Secondary zinc production.

Part III Source Categories

Hexachlorobenzene, pentachlorobenzene, polychlorinated biphenyls, polychlorinated biphenyls ð - Dioxins and polychlorinated dibenzofurans may also be produced and released unintentionally by the following categories of sources, including:

A.
Open burning of waste, including in landfills;
B.
Thermal processes in the metallurgical industry other than those referred to in Part II;
C.
Residential combustion sources;
D.
Burning fossil fuels in plant boilers and industrial boilers;
E.
Facilities for burning wood and biomass fuels;
F.
Specific processes for the production of chemical substances resulting in the release of unintentionally produced persistent organic pollutants, including the production of chlorophenols and chloranil;
G.
Crematoria;
H.
Motor vehicles, including those using leaded gasoline;
I.
Destruction of animal carcasses;
J.
Dyeing textiles or leather (chloranil) and finishing (alkaline extraction);
K.
Crushing of vehicle wrecks;
L.
Slow heating of copper cables;
M.
Waste oil refineries.

Part IV Definitions

1 For the purposes of this Annex:

A.
"Polychlorinated biphenyls" means the aromatic compounds whose structure is such that the hydrogen atoms of the biphenyl molecule (two benzene rings bound by a single carbon-carbon bond) can be replaced by a number of atoms. Chlorine up to ten;
B.
" Polychlorinated dibenzo - P -dioxins "and" polychlorinated dibenzofurans ", means tricyclic aromatic compounds formed by two benzene rings bound by two oxygen atoms in the case of polychlorinated dibenzo - ð - Dioxins and one oxygen atom and a carbon-carbon bond in the case of polychlorinated dibenzofurans, and whose hydrogen atoms can be replaced by a number of chlorine atoms up to eight.

2 In this Annex, the toxicity of polychlorinated dibenzo - ð - Dioxins and dibenzofurans are expressed using the concept of toxic equivalence, which defines the relative toxic activity of the dioxin-like type of different congeners of polychlorinated dibenzo - ð - Dioxins and dibenzofurans and coplanar polychlorinated biphenyls from 2, 3, 7, 8-tetrachlorodibenzo - P -dioxin. The toxic equivalent factors to be used for the purposes of this Convention shall conform to agreed international standards, starting with the factors of toxic equivalence for mammals published in 1998 by the Organization Global health for polychlorinated dibenzo - ð - Dioxins and dibenzofurans and coplanar polychlorinated biphenyls. Concentrations are expressed as toxic equivalents.

Part V General guidelines on best available techniques and best environmental practices

This Part contains general guidance to the Parties on the prevention or reduction of releases of the chemicals listed in Part I.

A. General prevention measures for the best available techniques as well as best environmental practices

Priority should be given to the review of methods to prevent the formation and release of the chemicals listed in Part I. Some of the useful measures include:

A.
Use of low-waste technology;
B.
Use of less hazardous chemicals;
C.
Promotion of waste recovery and recycling, as well as substances produced and used in applied processes;
D.
Replacement of starting materials that are persistent organic pollutants or that are directly related to the release of persistent organic pollutants from the source;
E.
Good management and preventive maintenance programs;
F.
Improvement of waste management methods in order to put an end to their open burning or other uncontrolled forms, including landfills. When considering proposals for the construction of new waste disposal facilities, alternatives such as activities to minimise waste production should be taken into account. Municipal and medical services, including resource recovery, reuse, recycling, waste separation and promotion of less waste products. In this respect, public health concerns should be carefully considered;
G.
Minimizing these chemicals as contaminants in products;
H.
Exclusion of elemental chlorine or chemicals generating elemental chlorine for bleaching.

B. Best Available Techniques

The concept of "best available techniques" is not intended to prescribe a particular technique or technology; it takes into account the technical specifications of the installation concerned, its geographical location and the conditions Local ecological. The control techniques that are appropriate to reduce releases of the chemicals listed in Part I are generally the same. In determining what the best available techniques are, in general and in particular cases, particular attention should be paid to the factors listed below, bearing in mind the costs and benefits Likely of the proposed measure and the precautionary and precautionary considerations:

A.
General considerations:
(i)
The nature, effects and mass of the releases concerned; the techniques may vary according to the dimensions of the source,
(ii)
Date of commissioning of new or existing facilities,
(iii)
Time required to introduce the best available techniques,
(iv)
The nature and consumption of the raw materials used in the process, and the energy efficiency of the process,
(v)
The need to prevent or minimize the overall impact of releases to the environment and environmental risks,
(vi)
The need to prevent accidents or to minimise the consequences for the environment,
(vii)
The need to protect the health of workers and ensure their safety in the workplace,
(viii)
Comparable processes, facilities or operating procedures that have been successfully tested on an industrial scale,
(ix)
Advances in technology and advances in scientific knowledge;
B.
General measures to reduce discards: When considering proposals for the construction of new installations or substantial modification of existing installations using processes involving the release of chemical substances As listed in this Annex, priority should be given to alternative processes, techniques or methods that have the same utility but avoid the formation and release of these chemicals. In the case of construction or substantial modification of such facilities, in addition to the preventive measures referred to in Section A of Part V, the following mitigation measures could be considered to determine the best Available techniques:
(i)
The use of better methods for cleaning flue gases, such as thermal or catalytic oxidation, dust precipitation or adsorption,
(ii)
Treatment of waste, waste water, waste and sewage sludge by heat treatment, treating them as inert or chemical detoxifying, for example,
(iii)
Modification of processes leading to a reduction or elimination of discards, such as the use of closed-circuit systems,
(iv)
Modification of process design to improve combustion and prevent the formation of the chemicals listed in this annex, thanks to the control of parameters such as incineration temperature and residence time.

C. Best Environmental Practices

The Conference of the Parties may establish guidelines on best environmental practices.


1 New content according to Appendix A of D. n. SC-4/10 to SC-4/18 of the Conference of the Parties of 8 May 2009, in force for Switzerland since 26 August 2010 ( RO 2011 4405 ). Amendments to decisions SC-4/10 to SC-4/18 in Annexes A, B and C entered into force for all States Parties on 26 August 2010, according to Art. 22, para. 3, para. c, of the Convention, except for Canada, April 4, 2011, and Spain, Nov. 14, 2011, pursuant to s. 22, para. 4, of the Convention. New Zealand has submitted a notification to the depositary in accordance with paras. B and c of s. 3, and para. 4 of Art. 22 of the Convention. The Amendments did not enter into force for that State Party.


Status on 26 November 2014

Annex D

Required information and selection criteria

1 A Party submitting a proposal for the inclusion of a chemical in Annexes A, B and/or C shall identify that substance in the manner described in para. (a) and shall provide information on that substance and, where appropriate, on its processing products, relating to the selection criteria set out in paras. (b) to (e):

A.
Chemical identity:
(i)
Names, including trade name (s), brand name (s) and synonyms, the Chemical Abstract Service (CAS) file number, name of the International Union of Pure and Applied Chemistry (IUPAC), and
(ii)
Structure, including specification of isomers, if any, and structure of the chemical class;
B.
Persistence:
(i)
Evidence that the half-life of the chemical in the water is more than two months, or that in the soil it is greater than six months, or that in the sediment it is greater than six months, or
(ii)
Evidence that the substance is otherwise sufficiently persistent to warrant examination under this Convention;
C.
Bioaccumulation:
(i)
Evidence that the bioconcentration factor or bioaccumulation factor for the chemical in aquatic species is greater than 5000 or, in the absence of data on these factors, the log Kow is greater than 5,
(ii)
Evidence that the chemical gives other cause for concern, such as high bioaccumulation in other species or high toxicity or ecotoxicity, or
(iii)
Data from monitoring of biota indicating that the potential for bioaccumulation of the substance is sufficient to warrant examination under this Convention;
D.
Long-range transport potential in the environment:
(i)
Concentrations of the chemical found at sites far away from sources of potential concern,
(ii)
Monitoring data indicating that long-range transport of the substance by air, water or migratory species, with potential for transfer to a receiving environment, may have occurred, or
(iii)
Properties of the substance from the point of view of its fate in the environment and/or results of models demonstrating that it can be propagated in the environment over long distances by air, water or migratory species, and lead to a Receiving environment in remote locations from sources of release. In the case of a substance with significant atmospheric propagation, the half-life in air should be greater than two days;
E.
Adverse effects:
(i)
Evidence of adverse effects on human health or the environment justifying the examination of the substance in the context of this Convention, or
(ii)
Toxicity or ecotoxicity data indicating that the substance may be harmful to human health or the environment.

2 The Party submitting the proposal shall make a statement of its reasons for concern, including, if possible, a comparison of the toxicity or ecotoxicity data showing the detected concentrations of the chemical resulting from the The long-range spread in the environment, or planned as a result of this spread, and a brief statement highlighting the need for global regulation.

3 The Party submitting the proposal, to the extent possible and taking into account its means, shall provide additional information in support of the review of the proposal referred to in subs. 6 of the art. 8. To develop such a proposal, a Party may use the technical expertise of any source.


Status on 26 November 2014

Annex E

Information requirements for the risk profile

The purpose of the examination is to assess whether a chemical is likely to cause significant adverse effects on human health and/or the environment, as a result of its long-range transport in the environment, justifying the adoption of measures World-wide. To this end, a description of the risks which supplements and evaluates the information referred to in Annex D shall be drawn up; this description shall contain, to the extent possible, the following types of information:

A.
Sources, including, where appropriate, indications on:
(i)
Production, including quantity and location,
(ii)
Uses,
(iii)
Release, losses and emissions;
B.
Assessment of the hazard to the threshold (s) of concern, including consideration of toxicological interactions between various chemical substances;
C.
To become in the environment, including data and information on the physical and chemical properties of the substance as well as its persistence and links with its propagation in the environment, its transfer in and between various media, its Degradation and transformation into other substances. A determination of the bioconcentration and bioaccumulation factors, based on measured values, is presented except where the monitoring data are considered to meet this need;
D.
Monitoring data;
E.
Exposure to specific points, in particular as a result of long-range transport in the environment, including information on bioavailability;
F.
National and international risk assessments or descriptions, information on labelling and hazard classifications, to the extent that such information is available;
G.
The status of the chemical in relation to international conventions.

Status on 26 November 2014

Annex F

Information relating to socio-economic considerations

An assessment of possible regulatory measures for chemicals under consideration for inclusion under this Convention should be undertaken, taking into account all possibilities, including management and disposal. To this end, relevant information should be provided on the socio-economic implications of possible regulatory measures, in order to enable the Conference of the Parties to take a decision. Such information should take due account of the different capacities and situations of the Parties, and should include consideration of the elements listed in the following indicative list:

A.
Effectiveness and efficiency of possible regulatory measures to meet risk reduction objectives:
(i)
Technical feasibility,
(ii)
Costs, including environmental and health costs;
B.
Alternatives (products and processes):
(i)
Technical feasibility,
(ii)
Costs, including environmental and health costs,
(iii)
Effectiveness,
(iv)
Risk,
(v)
Availability,
(vi)
Accessibility;
C.
Positive and/or negative impact on society of the application of possible regulatory measures:
(i)
Health, including public, environmental and occupational health,
(ii)
Agriculture, including aquaculture and forestry,
(iii)
Biota (biodiversity),
(iv)
Economic aspects,
(v)
Progress towards sustainable development,
(vi)
Social costs;
D.
Effects of waste and disposal (in particular obsolete pesticide stocks and decontamination of contaminated sites):
(i)
Technical feasibility,
(ii)
Cost;
E.
Access to information and public education;
F.
The state of monitoring and surveillance assets;
G.
Any national or regional regulatory measures adopted, including information on alternatives and other relevant information on risk management.

Status on 26 November 2014

Annex G 1

Arbitration Procedure

I. Boring procedure

The arbitration procedure for the purposes of para. (a) para. 2 of the art. 18 of the Convention is as follows:

Art. 1

(1) Any Party may take the initiative to resort to arbitration, in accordance with Art. 18 of the Convention, by written notification addressed to the other party to the dispute. The notification shall be accompanied by the statement of the conclusions, together with any supporting documents, and shall indicate the subject-matter of the arbitration, in particular the articles of the Convention whose interpretation or application is the subject of dispute.

2. The requesting party shall notify the secretariat that the parties shall refer a dispute to arbitration in accordance with Art. 18. The notification shall be accompanied by the written notification of the requesting party, the statement of the conclusions and the supporting documents referred to in paragraph 1. The secretariat shall communicate the information thus received to all Parties.

Art. 2

1. If the dispute is referred to arbitration in accordance with Art. 1, a three-member arbitral tribunal is established.

(2) Each of the parties to the dispute shall appoint an arbitrator and the two arbitrators thus appointed shall designate by common accord the third arbitrator, who shall take over the chairmanship of the Tribunal. The latter must not be a national of one of the parties to the dispute, or have his habitual residence in the territory of one of those parties, or be in the service of one of them, or have already dealt with the case in any capacity.

(3) In the event of a dispute between more than two parties, the parties that make common cause shall appoint an arbitrator by mutual agreement.

4. The vacancy shall be filled in the manner provided for the initial appointment.

5. If the parties do not agree on the subject matter of the dispute before the appointment of the President of the arbitral tribunal, it shall be determined by that court.

Art. 3

If, within two months of the date of receipt of the notice of arbitration by the defendant, one of the parties to the dispute does not appoint an arbitrator, the other party may refer the matter to the Secretary-General The United Nations, which shall make such designation within a further period of two months.

(2) If, within two months of the appointment of the second arbitrator, the President of the arbitral tribunal is not appointed, the Secretary-General of the United Nations shall, at the request of a party, make his appointment in a new Two months.

Art. 4

The arbitral tribunal shall render its decisions in accordance with the provisions of the Convention and international law.

Art. 5

Unless the parties to the dispute decide otherwise, the arbitral tribunal shall establish its own rules of procedure.

Art. 6

At the request of one of the parties, the arbitral tribunal may indicate the necessary provisional measures.

Art. 7

The parties to the dispute shall facilitate the task of the arbitral tribunal and, in particular, use all means at their disposal to:

(a)
Provide the court with all necessary documents, information and facilities; and
(b)
Allow the court, if necessary, to cite witnesses or experts and record their testimony.
Art. 8

The parties and the arbitrators shall be required to protect the confidentiality of any information they obtain in confidence during the proceedings of the arbitral tribunal.

Art.

Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the costs of the court shall be borne equally by the parties to the dispute. The court shall keep a record of all its costs and provide a final statement to the parties.

Art. 10

Any Party having, in respect of the subject matter of the dispute, a legal interest which may be affected by the decision in this case may intervene in the proceedings with the consent of the court.

Art. 11

The court may determine and decide on counterclaims directly related to the subject matter of the dispute.

Art. 12

The decisions of the arbitral tribunal, both procedural and substantive, shall be taken by a majority of the votes of its members.

Art. 13

(1) If one of the parties to the dispute does not appear before the arbitral tribunal or does not assert its means, the other party may ask the court to continue the proceedings and render its award. The absence of a party or the fact that a party does not enforce its means shall not prevent the proceedings from proceeding.

2. Before making its final award, the arbitral tribunal must ensure that the application is founded in fact and in law.

Art. 14

The court shall pronounce its final award no later than five months from the date on which it has been fully constituted, unless it considers it necessary to extend the time limit for a period not exceeding five months.

Art. 15

The final award of the arbitral tribunal shall be limited to the subject matter of the dispute and shall be reasoned. It shall contain the names of the members who took part in it and the date on which it was pronounced. Any member of the court may attach to the award the statement of his or her individual or dissenting opinion.

Art. 16

The award shall be binding on the parties to the dispute. The interpretation of the Convention in the award shall also bind any Party intervening in accordance with Art. 10 to the extent that it relates to matters concerning which that Party has intervened. It shall be without appeal unless the parties to the dispute have agreed in advance of an appeal procedure.

Art. 17

Any dispute concerning the interpretation or enforcement of the award which may arise between the parties bound by the final award pursuant to s. 16 may be submitted by either party to the decision of the arbitral tribunal that issued the award.

II. Conciliation Procedure

The conciliation procedure for the purposes of s. 6 of the art. 18 of the Convention is as follows:

Art. 1

1. Any request by a party to a dispute to establish a conciliation commission pursuant to s. 6 of the art. 18 shall be sent in writing to the secretariat. The secretariat shall immediately inform all Parties to the Convention.

2. The conciliation commission shall be composed, unless the parties otherwise decide, of three members, each party concerned by designating one and the President shall be chosen by common accord of the members so appointed.

Art. 2

In the event of a dispute between more than two parties, the parties concerned shall designate their members of the Joint Committee.

Art. 3

If, within two months of the date of receipt by the secretariat of the written application referred to in Art. 1, not all members have been appointed by the parties, the Secretary-General of the United Nations shall, at the request of a party, make the necessary designations within a further period of two months.

Art. 4

If, within two months of the appointment of the second member of the Commission, the latter has not chosen its President, the Secretary-General of the United Nations shall, at the request of a party, make his appointment in a new Two months.

Art. 5

(1) Unless the parties to the dispute decide otherwise, the conciliation commission shall establish its own rules of procedure.

2. The parties and members of the Commission are required to protect the confidentiality of any information they obtain in confidence during the conciliation procedure.

Art. 6

The Conciliation Commission shall take its decisions by a majority of the votes of its members.

Art. 7

The Conciliation Commission shall submit, within twelve months of its establishment, a report containing its recommendations for the settlement of the dispute, which the parties shall consider in good faith.

Art. 8

In the event of disagreement over the competence of the Conciliation Committee, the Conciliation Committee shall decide whether or not it is competent.

Art.

The costs of the commission shall be borne by the parties to the dispute in appropriate proportions. The Panel shall keep a record of all its costs and provide a final statement to the parties.



1 Introduced by D. n. SC-1/2 of the Conference of the Parties of 6 May 2005, in force for Switzerland since 27 March 2007 ( RO 2007 3715 ).

Scope of application on 3 June 2014 5

States Parties

Ratification

Accession (A)

Entry into force

Afghanistan

20 February

2013 A

21 May

2013

South Africa

4 September

2002

17 May

2004

Albania

4 October

2004

2 January

2005

Algeria

22 September

2006

21 December

2006

Germany

April 25

2002

17 May

2004

Angola

23 October

2006 A

21 January

2007

Antigua and Barbuda

10 September

2003

17 May

2004

Saudi Arabia

July 25

2012

23 October

2012

Argentina *

25 January

2005

April 25

2005

Armenia

26 November

2003

17 May

2004

Australia *

20 May

2004

August 18

2004

Austria *

August 27

2002

17 May

2004

Azerbaijan

13 January

2004 A

17 May

2004

Bahamas

3 October

2005

1 Er January

2006

Bahrain *

31 January

2006

1 Er May

2006

Bangladesh *

12 March

2007

10 June

2007

Barbados

7 June

2004 A

September 5

2004

Belarus

3 February

2004 A

17 May

2004

Belgium *

25 May

2006

August 23

2006

Belize

25 January

2010

April 25

2010

Benin

5 January

2004

17 May

2004

Bolivia

3 June

2003

17 May

2004

Bosnia and Herzegovina

30 March

2010

28 June

2010

Botswana *

28 October

2002 A

17 May

2004

Brazil

June 16

2004

September 14

2004

Bulgaria

20 December

2004

20 March

2005

Burkina Faso

31 December

2004

March 31

2005

Burundi

2 August

2005

October 31

2005

Cambodia

August 25

2006

23 November

2006

Cameroon

19 May

2009

August 17

2009

Canada *

23 May

2001

17 May

2004

Cape Verde

1 Er March

2006 A

30 May

2006

Chile

20 January

2005

20 April

2005

China *

13 August

2004

11 November

2004

Hong Kong

13 August

2004

11 November

2004

Macao

13 August

2004

11 November

2004

Cyprus

7 March

2005 A

5 June

2005

Colombia

22 October

2008

20 January

2009

Comoros

23 February

2007

24 May

2007

Congo (Brazzaville)

12 February

2007

13 May

2007

Congo, Kinshasa

23 March

2005 A

21 June

2005

Korea (North)

26 August

2002 A

17 May

2004

Korea (South) *

25 January

2007

April 25

2007

Costa Rica

February 6

2007

7 May

2007

Côte d' Ivoire

20 January

2004

17 May

2004

Croatia

30 January

2007

April 30

2007

Cuba

21 December

2007

20 March

2008

Denmark A

17 December

2003

17 May

2004

Faroe Islands

10 February

2012

10 February

2012

Djibouti

March 11

2004

9 June

2004

Dominica

8 August

2003 A

17 May

2004

Egypt

2 May

2003

17 May

2004

El Salvador *

27 May

2008

August 25

2008

United Arab Emirates

July 11

2002

17 May

2004

Ecuador

7 June

2004

September 5

2004

Eritrea

10 March

2005 A

8 June

2005

Spain *

28 May

2004

26 August

2004

Estonia *

7 November

2008 A

5 February

2009

Ethiopia

9 January

2003

17 May

2004

Fiji

20 June

2001

17 May

2004

Finland

3 September

2002

17 May

2004

France

17 February

2004

17 May

2004

Gabon

7 May

2007

August 5

2007

Gambia

28 April

2006

27 July

2006

Georgia

4 October

2006

2 January

2007

Ghana

30 May

2003

17 May

2004

Greece

3 May

2006

1 Er August

2006

Guatemala *

July 30

2008

28 October

2008

Guinea

11 December

2007

10 March

2008

Guinea-Bissau

August 6

2008

4 November

2008

Guyana

12 September

2007 A

11 December

2007

Honduras

23 May

2005

August 21

2005

Hungary

March 14

2008

12 June

2008

Cook Islands

29 June

2004 A

27 September

2004

Marshall Islands

27 January

2003 A

17 May

2004

Solomon Islands

28 July

2004 A

26 October

2004

India *

13 January

2006

13 April

2006

Indonesia

28 September

2009

27 December

2009

Iran

February 6

2006

7 May

2006

Ireland

August 5

2010

3 November

2010

Iceland

29 May

2002

17 May

2004

Jamaica

1 Er June

2007

August 30

2007

Japan

August 30

2002 A

17 May

2004

Jordan

8 November

2004

February 6

2005

Kazakhstan

9 November

2007

7 February

2008

Kenya

24 September

2004

December 23

2004

Kyrgyzstan

12 December

2006

12 March

2007

Kiribati

7 September

2004

6 December

2004

Kuwait

12 June

2006

10 September

2006

Laos

28 June

2006

26 September

2006

Lesotho

23 January

2002

17 May

2004

Latvia

28 October

2004

26 January

2005

Lebanon

3 January

2003

17 May

2004

Liberia

23 May

2002 A

17 May

2004

Libya

14 June

2005 A

12 September

2005

Liechtenstein *

3 December

2004

3 March

2005

Lithuania

5 December

2006

March 5

2007

Luxembourg

7 February

2003

17 May

2004

Macedonia

27 May

2004

August 25

2004

Madagascar

18 November

2005

February 16

2006

Malawi

February 27

2009

28 May

2009

Maldives

17 October

2006 A

15 January

2007

Mali

September 5

2003

17 May

2004

Morocco

15 June

2004

13 September

2004

Mauritius *

July 13

2004

11 October

2004

Mauritania

July 22

2005

20 October

2005

Mexico

10 February

2003

17 May

2004

Micronesia *

July 15

2005

13 October

2005

Moldova *

7 April

2004

July 6

2004

Monaco

20 October

2004

January 18

2005

Mongolia

April 30

2004

July 29

2004

Montenegro

March 31

2011

29 June

2011

Mozambique

October 31

2005

29 January

2006

Myanmar

19 April

2004 A

18 July

2004

Namibia

24 June

2005 A

22 September

2005

Nauru

9 May

2002

17 May

2004

Nepal

6 March

2007

4 June

2007

Nicaragua

1 Er December

2005

1 Er March

2006

Niger

12 April

2006

July 11

2006

Nigeria

24 May

2004

22 August

2004

Niue

2 September

2005

1 Er December

2005

Norway

July 11

2002

17 May

2004

New Zealand B

24 September

2004

December 23

2004

Oman

19 January

2005

19 April

2005

Uganda

July 20

2004 A

18 October

2004

Pakistan

April 17

2008

July 16

2008

Palau

8 September

2011

7 December

2011

Panama

March 5

2003

17 May

2004

Papua New Guinea

7 October

2003

17 May

2004

Paraguay

1 Er April

2004

30 June

2004

Netherlands * C

28 January

2002

17 May

2004

Peru

September 14

2005

13 December

2005

Philippines

February 27

2004

27 May

2004

Poland

23 October

2008

21 January

2009

Portugal

July 15

2004

13 October

2004

Qatar

10 December

2004 A

10 March

2005

Central African Republic

12 February

2008

12 May

2008

Dominican Republic

4 May

2007

2 August

2007

Czech Republic

August 6

2002

17 May

2004

Romania

28 October

2004

26 January

2005

United Kingdom

17 January

2005

April 17

2005

Russia *

August 17

2011

15 November

2011

Rwanda

5 June

2002 A

17 May

2004

Saint Lucia

4 October

2002 A

17 May

2004

Saint Kitts and Nevis

21 May

2004 A

19 August

2004

Saint Vincent and the Grenadines

September 15

2005 A

14 December

2005

Samoa

4 February

2002

17 May

2004

Sao Tome and Principe

12 April

2006

July 11

2006

Senegal

8 October

2003

17 May

2004

Serbia *

July 31

2009

29 October

2009

Seychelles

3 June

2008

1 Er September

2008

Sierra Leone

26 September

2003 A

17 May

2004

Singapore

24 May

2005

22 August

2005

Slovakia

August 5

2002

17 May

2004

Slovenia *

4 May

2004

2 August

2004

Somalia

26 July

2010 A

24 October

2010

Sudan

29 August

2006

27 November

2006

Sri Lanka

22 December

2005

22 March

2006

Sweden

8 May

2002

17 May

2004

Switzerland

July 30

2003

17 May

2004

Suriname

September 20

2011

19 December

2011

Swaziland

13 January

2006 A

13 April

2006

Syria

August 5

2005

3 November

2005

Tajikistan

February 8

2007

9 May

2007

Tanzania

April 30

2004

July 29

2004

Chad

10 March

2004

8 June

2004

Thailand

31 January

2005

1 Er May

2005

Togo

July 22

2004

20 October

2004

Tonga

23 October

2009

21 January

2010

Trinidad and Tobago

13 December

2002 A

17 May

2004

Tunisia

17 June

2004

September 15

2004

Turkey

14 October

2009

12 January

2010

Tuvalu

19 January

2004 A

17 May

2004

Ukraine

September 25

2007

24 December

2007

European Union *

16 November

2004

February 14

2005

Uruguay

February 9

2004

17 May

2004

Vanuatu *

16 September

2005

15 December

2005

Venezuela *

19 April

2005

18 July

2005

Vietnam

July 22

2002

17 May

2004

Yemen

9 January

2004

17 May

2004

Zambia

7 July

2006

5 October

2006

Zimbabwe

1 Er March

2012

30 May

2012

*
Reservations and declarations.
Reservations and declarations are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.
A
The Convention does not apply to Greenland.
B
The Convention does not apply to Tokelau.

C For the Kingdom in Europe.


RO 2004 2797 ; FF 2002 6751


1 RO 2004 2795
2 RS 0.916.21
3 RS 0.814.05
4 RS 0.120
5 RO 2004 2837 4353, 2005 4443, 2006 849, 2007 597 5089, 2009 3725, 2010 2299, 2012 435, 2014 1427. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on 26 November 2014