The Parties to this Convention,
Aware of the harmful impact on human health and
the environment from certain hazardous chemicals and pesticides in
international trade,
Recalling the pertinent provisions of the Rio
Declaration on Environment and Development and chapter 19 of Agenda 21 on
'Environmentally sound management of toxic chemicals, including
prevention of illegal international traffic in toxic and dangerous
products',
Mindful of the work undertaken by the United Nations
Environment Programme (UNEP) and the Food and Agriculture Organization of
the United Nations (FAO) in the operation of the voluntary Prior Informed
Consent procedure, as set out in the UNEP Amended London Guidelines for
the Exchange of Information on Chemicals in International Trade
(hereinafter referred to as the 'Amended London Guidelines') and the FAO
International Code of Conduct on the Distribution and Use of Pesticides
(hereinafter referred to as the 'International Code of Conduct'),
Taking into account the circumstances and
particular requirements of developing countries and countries with
economies in transition, in particular the need to strengthen national
capabilities and capacities for the management of chemicals, including
transfer of technology, providing financial and technical assistance and
promoting cooperation among the Parties,
Noting the specific needs of some countries for
information on transit movements,
Recognizing that good management practices for chemicals
should be promoted in all countries, taking into account, inter alia,
the voluntary standards laid down in the International Code of Conduct
and the UNEP Code of Ethics on the International Trade in Chemicals,
Desiring to ensure that hazardous chemicals that are
exported from their territory are packaged and labelled in a manner that
is adequately protective of human health and the environment, consistent
with the principles of the Amended London Guidelines and the
International Code of Conduct,
Recognizing that trade and environmental policies should
be mutually supportive with a view to achieving sustainable development,
Emphasizing that nothing in this Convention shall be
interpreted as implying in any way a change in the rights and obligations
of a Party under any existing international agreement applying to
chemicals in international trade or to environmental protection,
Understanding that the above recital is not intended to
create a hierarchy between this Convention and other international
agreements,
Determined to protect human health, including the
health of consumers and workers, and the environment against potentially
harmful impacts from certain hazardous chemicals and pesticides in
international trade,
Have agreed as follows:
Article 1
Objective
The objective of this Convention is to promote shared
responsibility and cooperative efforts among Parties in the international
trade of certain hazardous chemicals in order to protect human health and
the environment from potential harm and to contribute to their
environmentally sound use, by facilitating information exchange about
their characteristics, by providing for a national decision-making
process on their import and export and by disseminating these decisions
to Parties.
Article 2
Definitions
For the purposes of this Convention:
(a) 'Chemical' means a substance whether by itself or in a
mixture or preparation and whether manufactured or obtained from nature,
but does not include any living organism. It consists of the following
categories: pesticide (including severely hazardous pesticide
formulations) and industrial;
(b) 'Banned chemical' means a chemical all uses of which within
one or more categories have been prohibited by final regulatory action,
in order to protect human health or the environment. It includes a
chemical that has been refused approval for first-time use or has been
withdrawn by industry either from the domestic market or from further
consideration in the domestic approval process and where there is clear
evidence that such action has been taken in order to protect human health
or the environment;
(c) 'Severely restricted chemical' means a chemical virtually
all use of which within one or more categories has been prohibited by
final regulatory action in order to protect human health or the
environment, but for which certain specific uses remain allowed. It
includes a chemical that has, for virtually all use, been refused for
approval or been withdrawn by industry either from the domestic market or
from further consideration in the domestic approval process, and where
there is clear evidence that such action has been taken in order to
protect human health or the environment;
(d) 'Severely hazardous pesticide formulation' means a chemical
formulated for pesticidal use that produces severe health or
environmental effects observable within a short period of time after
single or multiple exposure, under conditions of use;
(e) 'Final regulatory action' means an action taken by a Party,
that does not require subsequent regulatory action by that Party, the
purpose of which is to ban or severely restrict a chemical;
(f) 'Export' and 'import' mean, in their respective
connotations, the movement of a chemical from one Party to another Party,
but exclude mere transit operations;
(g) '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;
(h) 'Regional economic integration organization' means an
organization constituted by sovereign States of a given region to which
its member States have transferred competence in respect of matters
governed by this Convention and which has been duly authorized, in
accordance with its internal procedures, to sign, ratify, accept, approve
or accede to this Convention;
(i) 'Chemical Review Committee' means the subsidiary body
referred to in paragraph 6 of Article 18.
Article 3
Scope of the Convention
1. This Convention applies to:
(a) Banned or severely restricted chemicals; and
(b) Severely hazardous pesticide formulations.
2. This Convention does not apply to:
(a) Narcotic drugs and psychotropic substances;
(b) Radioactive materials;
(c) Wastes;
(d) Chemical weapons;
(e) Pharmaceuticals, including human and veterinary drugs;
(f) Chemicals used as food additives;
(g) Food;
(h) Chemicals in quantities not likely to affect human health or
the environment provided they are imported:
(i) For the purpose of research or analysis; or
(ii) By an individual for his or her own personal use in
quantities reasonable for such use.
Article 4
Designated national
authorities
1. Each Party shall designate one or more national authorities
that shall be authorized to act on its behalf in the performance of the
administrative functions required by this Convention.
2. Each Party shall seek to ensure that such authority or
authorities have sufficient resources to perform their tasks effectively.
3. Each Party shall, no later than the date of the entry into
force of this Convention for it, notify the name and address of such
authority or authorities to the Secretariat. It shall forthwith notify
the Secretariat of any changes in the name and address of such authority
or authorities.
4. The Secretariat shall forthwith inform the Parties of the
notifications it receives under paragraph 3.
Article 5
Procedures for banned or
severely restricted chemicals
1. Each Party that has adopted a final regulatory action shall
notify the Secretariat in writing of such action. Such notification shall
be made as soon as possible, and in any event no later than ninety days
after the date on which the final regulatory action has taken effect, and
shall contain the information required by Annex I, where available.
2. Each Party shall, at the date of entry into force of this
Convention for it, notify the Secretariat in writing of its final
regulatory actions in effect at that time, except that each Party that
has submitted notifications of final regulatory actions under the Amended
London Guidelines or the International Code of Conduct need not resubmit
those notifications.
3. The Secretariat shall, as soon as possible, and in any event
no later than six months after receipt of a notification under paragraphs
1 and 2, verify whether the notification contains the information
required by Annex I. If the notification contains the information
required, the Secretariat shall forthwith forward to all Parties a
summary of the information received. If the notification does not contain
the information required, it shall inform the notifying Party
accordingly.
4. The Secretariat shall every six months communicate to the
Parties a synopsis of the information received pursuant to paragraphs 1
and 2, including information regarding those notifications which do not
contain all the information required by Annex I.
5. When the Secretariat has received at least one notification
from each of two Prior Informed Consent regions regarding a particular
chemical that it has verified meet the requirements of Annex I, it shall
forward them to the Chemical Review Committee. The composition of the
Prior Informed Consent regions shall be defined in a decision to be
adopted by consensus at the first meeting of the Conference of the
Parties.
6. The Chemical Review Committee shall review the information
provided in such notifications and, in accordance with the criteria set
out in Annex II, recommend to the Conference of the Parties whether the
chemical in question should be made subject to the Prior Informed Consent
procedure and, accordingly, be listed in Annex III.
Article 6
Procedures for severely
hazardous pesticide formulations
1. Any Party that is a developing country or a country with an
economy in transition and that is experiencing problems caused by a
severely hazardous pesticide formulation under conditions of use in its
territory, may propose to the Secretariat the listing of the severely
hazardous pesticide formulation in Annex III. In developing a proposal,
the Party may draw upon technical expertise from any relevant source. The
proposal shall contain the information required by part 1 of Annex IV.
2. The Secretariat shall, as soon as possible, and in any event
no later than six months after receipt of a proposal under paragraph 1,
verify whether the proposal contains the information required by part 1
of Annex IV. If the proposal contains the information required, the
Secretariat shall forthwith forward to all Parties a summary of the
information received. If the proposal does not contain the information
required, it shall inform the proposing Party accordingly.
3. The Secretariat shall collect the additional information set
out in part 2 of Annex IV regarding the proposal forwarded under
paragraph 2.
4. When the requirements of paragraphs 2 and 3 above have been
fulfilled with regard to a particular severely hazardous pesticide
formulation, the Secretariat shall forward the proposal and the related
information to the Chemical Review Committee.
5. The Chemical Review Committee shall review the information
provided in the proposal and the additional information collected and, in
accordance with the criteria set out in part 3 of Annex IV, recommend to
the Conference of the Parties whether the severely hazardous pesticide
formulation in question should be made subject to the Prior Informed
Consent procedure and, accordingly, be listed in Annex III.
Article 7
Listing of chemicals in
Annex III
1. For each chemical that the Chemical Review Committee has
decided to recommend for listing in Annex III, it shall prepare a draft
decision guidance document. The decision guidance document should, at a
minimum, be based on the information specified in Annex I, or, as the
case may be, Annex IV, and include information on uses of the chemical in
a category other than the category for which the final regulatory action
applies.
2. The recommendation referred to in paragraph 1 together with
the draft decision guidance document shall be forwarded to the Conference
of the Parties. The Conference of the Parties shall decide whether the
chemical should be made subject to the Prior Informed Consent procedure
and, accordingly, list the chemical in Annex III and approve the draft
decision guidance document.
3. When a decision to list a chemical in Annex III has been
taken and the related decision guidance document has been approved by the
Conference of the Parties, the Secretariat shall forthwith communicate
this information to all Parties.
Article 8
Chemicals in the voluntary
Prior Informed Consent procedure
For any chemical, other than a chemical listed in Annex III,
that has been included in the voluntary Prior Informed Consent procedure
before the date of the first meeting of the Conference of the Parties,
the Conference of the Parties shall decide at that meeting to list the
chemical in Annex III, provided that it is satisfied that all the
requirements for listing in that Annex have been fulfilled.
Article 9
Removal of chemicals from
Annex III
1. If a Party submits to the Secretariat information that was
not available at the time of the decision to list a chemical in Annex III
and that information indicates that its listing may no longer be
justified in accordance with the relevant criteria in Annex II or, as the
case may be, Annex IV, the Secretariat shall forward the information to
the Chemical Review Committee.
2. The Chemical Review Committee shall review the information it
receives under paragraph 1. For each chemical that the Chemical Review
Committee decides, in accordance with the relevant criteria in Annex II
or, as the case may be, Annex IV, to recommend for removal from Annex
III, it shall prepare a revised draft decision guidance document.
3. A recommendation referred to in paragraph 2 shall be
forwarded to the Conference of the Parties and be accompanied by a
revised draft decision guidance document. The Conference of the Parties
shall decide whether the chemical should be removed from Annex III and
whether to approve the revised draft decision guidance document.
4. When a decision to remove a chemical from Annex III has been
taken and the revised decision guidance document has been approved by the
Conference of the Parties, the Secretariat shall forthwith communicate
this information to all Parties.
Article
10
Obligations in relation to
imports of chemicals listed in Annex III
1. Each Party shall implement appropriate legislative or
administrative measures to ensure timely decisions with respect to the
import of chemicals listed in Annex III.
2. Each Party shall transmit to the Secretariat, as soon as
possible, and in any event no later than nine months after the date of
dispatch of the decision guidance document referred to in paragraph 3 of
Article 7, a response concerning the future import of the chemical
concerned. If a Party modifies this response, it shall forthwith submit the
revised response to the Secretariat.
3. The Secretariat shall, at the expiration of the time period
in paragraph 2, forthwith address to a Party that has not provided such a
response, a written request to do so. Should the Party be unable to
provide a response, the Secretariat shall, where appropriate, help it to
provide a response within the time period specified in the last sentence
of paragraph 2 of Article 11.
4. A response under paragraph 2 shall consist of either:
(a) A final decision, pursuant to legislative or administrative
measures:
(i) To consent to import;
(ii) Not to consent to import; or
(iii) To consent to import only subject to specified conditions; or
(b) An interim response, which may include:
(i) An interim decision consenting to import with or without
specified conditions, or not consenting to import during the
interim period;
(ii) A statement that a final decision is under active consideration;
(iii) A request to the Secretariat, or to the Party that notified the
final regulatory action, for further information;
(iv) A request to the Secretariat for assistance in evaluating the
chemical.
5. A response under subparagraphs (a) or (b) of paragraph 4
shall relate to the category or categories specified for the chemical in
Annex III.
6. A final decision should be accompanied by a description of
any legislative or administrative measures upon which it is based.
7. Each Party shall, no later than the date of entry into force
of this Convention for it, transmit to the Secretariat responses with
respect to each chemical listed in Annex III. A Party that has provided
such responses under the Amended London Guidelines or the International
Code of Conduct need not resubmit those responses.
8. Each Party shall make its responses under this Article available
to those concerned within its jurisdiction, in accordance with its
legislative or administrative measures.
9. A Party that, pursuant to paragraphs 2 and 4 above and
paragraph 2 of Article 11, takes a decision not to consent to import of a
chemical or to consent to its import only under specified conditions
shall, if it has not already done so, simultaneously prohibit or make
subject to the same conditions:
(a) Import of the chemical from any source; and
(b) Domestic production of the chemical for domestic use.
10. Every six months the Secretariat shall inform all Parties of
the responses it has received. Such information shall include a
description of the legislative or administrative measures on which the
decisions have been based, where available. The Secretariat shall, in
addition, inform the Parties of any cases of failure to transmit a
response.
Article
11
Obligations in relation to
exports of chemicals listed in Annex III
1. Each exporting Party shall:
(a) Implement appropriate legislative or administrative measures
to communicate the responses forwarded by the Secretariat in accordance
with paragraph 10 of Article 10 to those concerned within its
jurisdiction;
(b) Take appropriate legislative or administrative measures to
ensure that exporters within its jurisdiction comply with decisions in
each response no later than six months after the date on which the
Secretariat first informs the Parties of such response in accordance with
paragraph 10 of Article 10;
(c) Advise and assist importing Parties, upon request and as
appropriate:
(i) To obtain further information to help them to take action in
accordance with paragraph 4 of Article 10 and paragraph 2 (c) below; and
(ii) To strengthen their capacities and capabilities to manage chemicals
safely during their life-cycle.
2. Each Party shall ensure that a chemical listed in Annex III
is not exported from its territory to any importing Party that, in
exceptional circumstances, has failed to transmit a response or has
transmitted an interim response that does not contain an interim
decision, unless:
(a) It is a chemical that, at the time of import, is registered
as a chemical in the importing Party; or
(b) It is a chemical for which evidence exists that it has
previously been used in, or imported into, the importing Party and in
relation to which no regulatory action to prohibit its use has been
taken; or
(c) Explicit consent to the import has been sought and received
by the exporter through a designated national authority of the importing
Party. The importing Party shall respond to such a request within sixty
days and shall promptly notify the Secretariat of its decision.
The obligations of exporting Parties under this paragraph shall
apply with effect from the expiration of a period of six months from the
date on which the Secretariat first informs the Parties, in accordance
with paragraph 10 of Article 10, that a Party has failed to transmit a
response or has transmitted an interim response that does not contain an
interim decision, and shall apply for one year.
Article
12
Export notification
1. Where a chemical that is banned or severely restricted by a
Party is exported from its territory, that Party shall provide an export
notification to the importing Party. The export notification shall
include the information set out in Annex V.
2. The export notification shall be provided for that chemical
prior to the first export following adoption of the corresponding final
regulatory action. Thereafter, the export notification shall be provided
before the first export in any calendar year. The requirement to notify
before export may be waived by the designated national authority of the
importing Party.
3. An exporting Party shall provide an updated export notification
after it has adopted a final regulatory action that results in a major
change concerning the ban or severe restriction of that chemical.
4. The importing Party shall acknowledge receipt of the first
export notification received after the adoption of the final regulatory
action. If the exporting Party does not receive the acknowledgement
within thirty days of the dispatch of the export notification, it shall
submit a second notification. The exporting Party shall make reasonable
efforts to ensure that the importing Party receives the second
notification.
5. The obligations of a Party set out in paragraph 1 shall cease
when:
(a) The chemical has been listed in Annex III;
(b) The importing Party has provided a response for the chemical
to the Secretariat in accordance with paragraph 2 of Article 10; and
(c) The Secretariat has distributed the response to the Parties
in accordance with paragraph 10 of Article 10.
Article
13
Information to accompany
exported chemicals
1. The Conference of the Parties shall encourage the World
Customs Organization to assign specific Harmonized System customs codes
to the individual chemicals or groups of chemicals listed in Annex III,
as appropriate. Each Party shall require that, whenever a code has been
assigned to such a chemical, the shipping document for that chemical
bears the code when exported.
2. Without prejudice to any requirements of the importing Party,
each Party shall require that both chemicals listed in Annex III and chemicals
banned or severely restricted in its territory are, when exported,
subject to labelling requirements that ensure adequate availability of
information with regard to risks and/or hazards to human health or the
environment, taking into account relevant international standards.
3. Without prejudice to any requirements of the importing Party,
each Party may require that chemicals subject to environmental or health
labelling requirements in its territory are, when exported, subject to
labelling requirements that ensure adequate availability of information
with regard to risks and/or hazards to human health or the environment,
taking into account relevant international standards.
4. With respect to the chemicals referred to in paragraph 2 that
are to be used for occupational purposes, each exporting Party shall
require that a safety data sheet that follows an internationally
recognized format, setting out the most up-to-date information available,
is sent to each importer.
5. The information on the label and on the safety data sheet
should, as far as practicable, be given in one or more of the official
languages of the importing Party.
Article
14
Information exchange
1. Each Party shall, as appropriate and in accordance with the
objective of this Convention, facilitate:
(a) The exchange of scientific, technical, economic and legal
information concerning the chemicals within the scope of this Convention,
including toxicological, ecotoxicological and safety information;
(b) The provision of publicly available information on domestic
regulatory actions relevant to the objectives of this Convention; and
(c) The provision of information to other Parties, directly or
through the Secretariat, on domestic regulatory actions that
substantially restrict one or more uses of the chemical, as appropriate.
2. Parties that exchange information pursuant to this Convention
shall protect any confidential information as mutually agreed.
3. The following information shall not be regarded as
confidential for the purposes of this Convention:
(a) The information referred to in Annexes I and IV, submitted
pursuant to Articles 5 and 6 respectively;
(b) The information contained in the safety data sheet referred
to in paragraph 4 of Article 13;
(c) The expiry date of the chemical;
(d) Information on precautionary measures, including hazard
classification, the nature of the risk and the relevant safety advice;
and
(e) The summary results of the toxicological and
ecotoxicological tests.
4. The production date of the chemical shall generally not be
considered confidential for the purposes of this Convention.
5. Any Party requiring information on transit movements through
its territory of chemicals listed in Annex III may report its need to the
Secretariat, which shall inform all Parties accordingly.
Article
15
Implementation of the
Convention
1. Each Party shall take such measures as may be necessary to
establish and strengthen its national infrastructures and institutions
for the effective implementation of this Convention. These measures may
include, as required, the adoption or amendment of national legislative
or administrative measures and may also include:
(a) The establishment of national registers and databases
including safety information for chemicals;
(b) The encouragement of initiatives by industry to promote
chemical safety; and
(c) The promotion of voluntary agreements, taking into
consideration the provisions of Article 16.
2. Each Party shall ensure, to the extent practicable, that the
public has appropriate access to information on chemical handling and
accident management and on alternatives that are safer for human health
or the environment than the chemicals listed in Annex III.
3. The Parties agree to cooperate, directly or, where
appropriate, through competent international organizations, in the
implementation of this Convention at the subregional, regional and global
levels.
4. Nothing in this Convention shall be interpreted as
restricting the right of the Parties to take action that is more
stringently protective of human health and the environment than that
called for in this Convention, provided that such action is consistent
with the provisions of this Convention and is in accordance with
international law.
Article
16
Technical assistance
The Parties shall, taking into account in particular the needs
of developing countries and countries with economies in transition,
cooperate in promoting technical assistance for the development of the
infrastructure and the capacity necessary to manage chemicals to enable
implementation of this Convention. Parties with more advanced programmes
for regulating chemicals should provide technical assistance, including
training, to other Parties in developing their infrastructure and
capacity to manage chemicals throughout their life-cycle.
Article
17
Non-Compliance
The Conference of the Parties shall, as soon as practicable,
develop and approve procedures and institutional mechanisms for determining
non-compliance with the provisions of this Convention and for treatment
of Parties found to be in non-compliance.
Article
18
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The first meeting of the Conference of the Parties shall be
convened by the Executive Director of UNEP and the Director-General of
FAO, acting jointly, no later than one year after the entry into force of
this Convention. Thereafter, ordinary meetings of the Conference of the
Parties shall be held at regular intervals to be determined by the
Conference.
3. Extraordinary meetings of the Conference of the Parties shall
be held at such other times as may be deemed necessary by the Conference,
or at the written request of any Party provided that it is supported by
at least one third of the Parties.
4. The Conference of the Parties shall by consensus agree upon
and adopt at its first meeting rules of procedure and financial rules for
itself and any subsidiary bodies, as well as financial provisions
governing the functioning of the Secretariat.
5. The Conference of the Parties shall keep under continuous
review and evaluation the implementation of this Convention. It shall
perform the functions assigned to it by the Convention and, to this end,
shall:
(a) Establish, further to the requirements of paragraph 6 below,
such subsidiary bodies, as it considers necessary for the implementation
of the Convention;
(b) Cooperate, where appropriate, with competent international
organizations and intergovernmental and non-governmental bodies; and
(c) Consider and undertake any additional action that may be
required for the achievement of the objectives of the Convention.
6. The Conference of the Parties shall, at its first meeting,
establish a subsidiary body, to be called the Chemical Review Committee,
for the purposes of performing the functions assigned to that Committee
by this Convention. In this regard:
(a) The members of the Chemical Review Committee shall be
appointed by the Conference of the Parties. Membership of the Committee
shall consist of a limited number of government-designated experts in
chemicals management. The members of the Committee shall be appointed on
the basis of equitable geographical distribution, including ensuring a
balance between developed and developing Parties;
(b) The Conference of the Parties shall decide on the terms of
reference, organization and operation of the Committee;
(c) The Committee shall make every effort to make its
recommendations by consensus. If all efforts at consensus have been
exhausted, and no consensus reached, such recommendation shall as a last
resort be adopted by a two-thirds majority vote of the members present
and voting.
7. The United Nations, its specialized agencies and the
International Atomic Energy Agency, as well as any State not Party to
this Convention, may be represented at meetings of the Conference of the
Parties as observers. Any body or agency, whether national or
international, governmental or non-governmental, qualified in matters
covered by the Convention, and which has informed the Secretariat of its
wish to be represented at a meeting of the Conference of the Parties as
an observer may be admitted unless at least one third of the Parties
present object. The admission and participation of observers shall be
subject to the rules of procedure adopted by the Conference of the
Parties.
Article
19
Secretariat
1. A Secretariat is hereby established.
2. The functions of the Secretariat shall be:
(a) To make arrangements for meetings of the Conference of the
Parties and its subsidiary bodies and to provide them with services as
required;
(b) To facilitate assistance to the Parties, particularly
developing Parties and Parties with economies in transition, on request,
in the implementation of this Convention;
(c) To ensure the necessary coordination with the secretariats
of other relevant international bodies;
(d) To enter, under the overall guidance of the Conference of
the Parties, into such administrative and contractual arrangements as may
be required for the effective discharge of its functions; and
(e) To perform the other secretariat functions specified in this
Convention and such other functions as may be determined by the
Conference of the Parties.
3. The secretariat functions for this Convention shall be
performed jointly by the Executive Director of UNEP and the
Director-General of FAO, subject to such arrangements as shall be agreed
between them and approved by the Conference of the Parties.
4. The Conference of the Parties may decide, by a three-fourths
majority of the Parties present and voting, to entrust the secretariat
functions to one or more other competent international organizations,
should it find that the Secretariat is not functioning as intended.
Article
20
Settlement of disputes
1. Parties shall settle any dispute between them concerning the
interpretation or application of this Convention through negotiation or
other peaceful means of their own choice.
2. When ratifying, accepting, approving or acceding to this
Convention, or at any time thereafter, a Party that is not a regional
economic integration organization may declare in a written instrument
submitted to the Depositary that, with respect to any dispute concerning
the interpretation or application of the Convention, it recognizes one or
both of the following means of dispute settlement as compulsory in
relation to any Party accepting the same obligation:
(a) Arbitration in accordance with procedures to be adopted by
the Conference of the Parties in an annex as soon as practicable; and
(b) Submission of the dispute to the International Court of
Justice.
3. A Party that is a regional economic integration organization
may make a declaration with like effect in relation to arbitration in
accordance with the procedure referred to in paragraph 2 (a).
4. A declaration made pursuant to paragraph 2 shall remain in
force until it expires in accordance with its terms or until three months
after written notice of its revocation has been deposited with the
Depositary.
5. The expiry of a declaration, a notice of revocation or a new
declaration shall not in any way affect proceedings pending before an
arbitral tribunal or the International Court of Justice unless the
parties to the dispute otherwise agree.
6. If the parties to a dispute have not accepted the same or any
procedure pursuant to paragraph 2, and if they have not been able to
settle their dispute within twelve months following notification by one
party to another that a dispute exists between them, the dispute shall be
submitted to a conciliation commission at the request of any party to the
dispute. The conciliation commission shall render a report with
recommendations. Additional procedures relating to the conciliation
commission shall be included in an annex to be adopted by the Conference
of the Parties no later than the second meeting of the Conference.
Article
21
Amendments to the
Convention
1. Amendments to this Convention may be proposed by any Party.
2. Amendments to this Convention shall be adopted at a meeting
of the Conference of the Parties. The text of any proposed amendment
shall be communicated to the Parties by the Secretariat at least six
months before the meeting at which it is proposed for adoption. The
Secretariat shall also communicate the proposed amendment to the
signatories to this Convention and, for information, to the Depositary.
3. The Parties shall make every effort to reach agreement on any
proposed amendment to this Convention by consensus. If all efforts at consensus
have been exhausted, and no agreement reached, the amendment shall as a
last resort be adopted by a three-fourths majority vote of the Parties
present and voting at the meeting.
4. The amendment shall be communicated by the Depositary to all
Parties for ratification, acceptance or approval.
5. Ratification, acceptance or approval of an amendment shall be
notified to the Depositary in writing. An amendment adopted in accordance
with paragraph 3 shall enter into force for the Parties having accepted it
on the ninetieth day after the date of deposit of instruments of
ratification, acceptance or approval by at least three fourths of the
Parties. Thereafter, the amendment shall enter into force for any other
Party on the ninetieth day after the date on which that Party deposits
its instrument of ratification, acceptance or approval of the amendment.
Article
22
Adoption and amendment of
annexes
1. Annexes to this Convention shall form an integral part
thereof and, unless expressly provided otherwise, a reference to this
Convention constitutes at the same time a reference to any annexes
thereto.
2. Annexes shall be restricted to procedural, scientific,
technical or administrative matters.
3. The following procedure shall apply to the proposal, adoption
and entry into force of additional annexes to this Convention:
(a) Additional annexes shall be proposed and adopted according
to the procedure laid down in paragraphs 1, 2 and 3 of Article 21;
(b) Any Party that is unable to accept an additional annex shall
so notify the Depositary, in writing, within one year from the date of
communication of the adoption of the additional annex by the Depositary.
The Depositary shall without delay notify all Parties of any such
notification received. A Party may at any time withdraw a previous
notification of non-acceptance in respect of an additional annex and the
annex shall thereupon enter into force for that Party subject to
subparagraph (c) below; and
(c) On the expiry of one year from the date of the communication
by the Depositary of the adoption of an additional annex, the annex shall
enter into force for all Parties that have not submitted a notification
in accordance with the provisions of subparagraph (b) above.
4. Except in the case of Annex III, the proposal, adoption and
entry into force of amendments to annexes to this Convention shall be
subject to the same procedures as for the proposal, adoption and entry
into force of additional annexes to the Convention.
5. The following procedure shall apply to the proposal, adoption
and entry into force of amendments to Annex III:
(a) Amendments to Annex III shall be proposed and adopted
according to the procedure laid down in Articles 5 to 9 and paragraph 2
of Article 21;
(b) The Conference of the Parties shall take its decisions on
adoption by consensus;
(c) A decision to amend Annex III shall forthwith be
communicated to the Parties by the Depositary. The amendment shall enter
into force for all Parties on a date to be specified in the decision.
6. If an additional annex or an amendment to an annex is related
to an amendment to this Convention, the additional annex or amendment
shall not enter into force until such time as the amendment to the
Convention enters into force.
Article
23
Voting
1. Each Party to this Convention shall have one vote, except as
provided for in paragraph 2 below.
2. A regional economic integration organization, on matters
within its competence, shall exercise its right to vote with a number of
votes equal to the number of its member States that are Parties to this
Convention. Such an organization shall not exercise its right to vote if
any of its member States exercises its right to vote, and vice versa.
3. For the purposes of this Convention, 'Parties present and
voting' means Parties present and casting an affirmative or negative
vote.
Article
24
Signature
This Convention shall be open for signature at Rotterdam by all
States and regional economic integration organizations on 11 September
1998, and at United Nations Headquarters in New York from 12 September
1998 to 10 September 1999.
Article
25
Ratification, acceptance,
approval or accession
1. This Convention shall be subject to ratification, acceptance
or approval by States and by regional economic integration organizations.
It shall be open for accession by States and by regional economic
integration organizations from the day after the date on which the
Convention is closed for signature. Instruments of ratification,
acceptance, approval or accession shall be deposited with the Depositary.
2. Any regional economic integration organization that becomes a
Party to this Convention without any of its member States being a Party
shall be bound by all the obligations under the Convention. In the case
of such organizations, one or more of whose member States is a Party to
this Convention, the organization and its member States shall decide on
their respective responsibilities for the performance of their
obligations under the Convention. In such cases, the organization and the
member States shall not be entitled to exercise rights under the
Convention concurrently.
3. In its instrument of ratification, acceptance, approval or
accession, a regional economic integration organization shall declare the
extent of its competence in respect of the matters governed by this
Convention. Any such organization shall also inform the Depositary, who
shall in turn inform the Parties, of any relevant modification in the
extent of its competence.
Article
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. For each State or regional economic integration organization
that ratifies, accepts or approves this Convention or accedes thereto
after the deposit of the fiftieth instrument of ratification, acceptance,
approval or accession, the Convention shall enter into force on the
ninetieth day after the date of deposit by such State or regional
economic integration organization of its instrument of ratification,
acceptance, approval or accession.
3. For the purpose of paragraphs 1 and 2, any instrument
deposited by a regional economic integration organization shall not be
counted as additional to those deposited by member States of that
organization.
Article
27
Reservations
No reservations may be made to this Convention.
Article
28
Withdrawal
1. At any time after three years from the date on which this
Convention has entered into force for a Party, that Party may withdraw
from the Convention by giving written notification to the Depositary.
2. Any such withdrawal shall take effect upon expiry of one year
from the date of receipt by the Depositary of the notification of
withdrawal, or on such later date as may be specified in the notification
of withdrawal.
Article
29
Depositary
The Secretary-General of the United Nations shall be the
Depositary of this Convention.
Article
30
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, being duly authorized to
that effect, have signed this Convention.
Done at Rotterdam on this tenth day of September, one thousand
nine hundred and ninety-eight.
Annex I
INFORMATION REQUIREMENTS
FOR NOTIFICATIONS MADE PURSUANT TO ARTICLE 5
Notifications shall include:
1. Properties, identification and uses
(a) Common name;
(b) Chemical name according to an internationally recognized
nomenclature (for example, International Union of Pure and Applied
Chemistry (IUPAC)), where such nomenclature exists;
(c) Trade names and names of preparations;
(d) Code numbers: Chemicals Abstract Service (CAS) number, Harmonized
System customs code and other numbers;
(e) Information on hazard classification, where the chemical is
subject to classification requirements;
(f) Use or uses of the chemical;
(g) Physico-chemical, toxicological and ecotoxicological
properties.
2. Final regulatory action
(a) Information specific to the final regulatory action:
(i) Summary of the final regulatory action;
(ii) Reference to the regulatory document;
(iii) Date of entry into force of the final regulatory action;
(iv) Indication of whether the final regulatory action was taken on the
basis of a risk or hazard evaluation and, if so, information on such
evaluation, covering a reference to the relevant documentation;
(v) Reasons for the final regulatory action relevant to human health,
including the health of consumers and workers, or the environment;
(vi) Summary of the hazards and risks presented by the chemical to human
health, including the health of consumers and workers, or the environment
and the expected effect of the final regulatory action;
(b) Category or categories where the final regulatory action has
been taken, and for each category:
(i) Use or uses prohibited by the final regulatory action;
(ii) Use or uses that remain allowed;
(iii) Estimation, where available, of quantities of the chemical
produced, imported, exported and used;
(c) An indication, to the extent possible, of the likely
relevance of the final regulatory action to other States and regions;
(d) Other relevant information that may cover:
(i) Assessment of socio-economic effects of the final regulatory
action;
(ii) Information on alternatives and their relative risks, where
available, such as:
- Integrated pest management strategies;
- Industrial practices and processes, including cleaner technology.
Annex II
CRITERIA FOR LISTING BANNED OR SEVERELY RESTRICTED
CHEMICALS
IN ANNEX III
In reviewing the notifications forwarded by the Secretariat
pursuant to paragraph 5 of Article 5, the Chemical Review Committee
shall:
(a) Confirm that the final regulatory action has been taken in
order to protect human health or the environment;
(b) Establish that the final regulatory action has been taken as
a consequence of a risk evaluation. This evaluation shall be based on a
review of scientific data in the context of the conditions prevailing in
the Party in question. For this purpose, the documentation provided shall
demonstrate that:
(i) Data have been generated according to scientifically
recognized methods;
(ii) Data reviews have been performed and documented according to
generally recognized scientific principles and procedures;
(iii) The final regulatory action was based on a risk evaluation
involving prevailing conditions within the Party taking the action;
(c) Consider whether the final regulatory action provides a sufficiently
broad basis to merit listing of the chemical in Annex III, by taking into
account:
(i) Whether the final regulatory action led, or would be
expected to lead, to a significant decrease in the quantity of the
chemical used or the number of its uses;
(ii) Whether the final regulatory action led to an actual reduction of
risk or would be expected to result in a significant reduction of risk
for human health or the environment of the Party that submitted the
notification;
(iii) Whether the considerations that led to the final regulatory action
being taken are applicable only in a limited geographical area or in
other limited circumstances;
(iv) Whether there is evidence of ongoing international trade in the
chemical;
(d) Take into account that intentional misuse is not in itself
an adequate reason to list a chemical in Annex III.
Annex III
CHEMICALS SUBJECT TO THE
PRIOR INFORMED CONSENT PROCEDURE
Chemical
|
Relevant CAS number(s)
|
Category
|
2,4,5-T
|
93-76-5
|
Pesticide
|
Aldrin
|
309-00-2
|
Pesticide
|
Captafol
|
2425-06-1
|
Pesticide
|
Chlordane
|
57-74-9
|
Pesticide
|
Chlordimeform
|
6164-98-3
|
Pesticide
|
Chlorobenzilate
|
510-15-6
|
Pesticide
|
DDT
|
50-29-3
|
Pesticide
|
Dieldrin
|
60-57-1
|
Pesticide
|
Dinoseb and dinoseb salts
|
88-85-7
|
Pesticide
|
1,2-dibromoethane (EDB)
|
106-93-4
|
Pesticide
|
Fluoroacetamide
|
640-19-7
|
Pesticide
|
HCH (mixed isomers)
|
608-73-1
|
Pesticide
|
Heptachlor
|
76-44-8
|
Pesticide
|
Hexachlorobenzene
|
118-74-1
|
Pesticide
|
Lindane
|
58-89-9
|
Pesticide
|
Mercury compounds, including inorganic mercury compounds,
alkyl mercury compounds and alkyloxyalkyl and aryl mercury compounds
|
|
Pesticide
|
Pentachlorophenol
|
87-86-5
|
Pesticide
|
Monocrotophos (Soluble liquid formulations of the substance
that exceed 600 g active ingredient/l)
|
6923-22-4
|
Severely hazardous pesticide formulation
|
Methamidophos (Soluble liquid formulations of the substance
that exceed 600 g active ingredient/l)
|
10265-92-6
|
Severely hazardous pesticide formulation
|
Phosphamidon (Soluble liquid formulations of the substance
that exceed 1000 g active ingredient/l)
|
13171-21-6 (mixture, (E)&(Z) isomers) 23783-98-4
((Z)-isomer) 297-99-4 ((E)-isomer)
|
Severely hazardous pesticide formulation
|
Methyl-parathion (emulsifiable concentrates (EC) with 19.5%,
40%, 50%, 60% active ingredient and dusts containing 1.5%, 2% and 3%
active ingredient)
|
298-00-0
|
Severely hazardous pesticide formulation
|
Parathion (all formulations - aerosols, dustable powder (DP),
emulsifiable concentrate (EC), granules (GR) and wettable powders (WP)
- of this substance are included, except capsule suspensions (CS))
|
56-38-2
|
Severely hazardous pesticide formulation
|
Crocidolite
|
12001-28-4
|
Industrial
|
Polybrominated biphenyls (PBB)
|
36355-01-8(hexa-) 27858-07-7 (octa-) 13654-09-6 (deca-)
|
Industrial
|
Polychlorinated biphenyls (PCB)
|
1336-36-3
|
Industrial
|
Polychlorinated terphenyls (PCT)
|
61788-33-8
|
Industrial
|
Tris (2,3-dibromopropyl) phosphate
|
126-72-7
|
Industrial
|
Annex IV
INFORMATION AND CRITERIA
FOR LISTING SEVERELY HAZARDOUS PESTICIDE
FORMULATIONS IN ANNEX III
Part 1. Documentation required from a proposing Party
Proposals submitted pursuant to paragraph 1 of Article 6 shall
include adequate documentation containing the following information:
(a) Name of the hazardous pesticide formulation;
(b) Name of the active ingredient or ingredients in the
formulation;
(c) Relative amount of each active ingredient in the
formulation;
(d) Type of formulation;
(e) Trade names and names of the producers, if available;
(f) Common and recognized patterns of use of the formulation
within the proposing Party;
(g) A clear description of incidents related to the problem,
including the adverse effects and the way in which the formulation was
used;
(h) Any regulatory, administrative or other measure taken, or
intended to be taken, by the proposing Party in response to such
incidents.
Part 2. Information to be collected by the Secretariat
Pursuant to paragraph 3 of Article 6, the Secretariat shall
collect relevant information relating to the formulation, including:
(a) The physico-chemical, toxicological and ecotoxicological
properties of the formulation;
(b) The existence of handling or applicator restrictions in
other States;
(c) Information on incidents related to the formulation in other
States;
(d) Information submitted by other Parties, international
organizations, non-governmental organizations or other relevant sources,
whether national or international;
(e) Risk and/or hazard evaluations, where available;
(f) Indications, if available, of the extent of use of the
formulation, such as the number of registrations or production or sales
quantity;
(g) Other formulations of the pesticide in question, and
incidents, if any, relating to these formulations;
(h) Alternative pest-control practices;
(i) Other information which the Chemical Review Committee may
identify as relevant.
Part 3. Criteria for listing severely hazardous pesticide
formulations in Annex III
In reviewing the proposals forwarded by the Secretariat pursuant
to paragraph 5 of Article 6, the Chemical Review Committee shall take
into account:
(a) The reliability of the evidence indicating that use of the
formulation, in accordance with common or recognized practices within the
proposing Party, resulted in the reported incidents;
(b) The relevance of such incidents to other States with similar
climate, conditions and patterns of use of the formulation;
(c) The existence of handling or applicator restrictions
involving technology or techniques that may not be reasonably or widely
applied in States lacking the necessary infrastructure;
(d) The significance of reported effects in relation to the
quantity of the formulation used;
(e) That intentional misuse is not in itself an adequate reason
to list a formulation in Annex III.
Annex V
INFORMATION REQUIREMENTS
FOR EXPORT NOTIFICATION
1. Export notifications shall contain the following information:
(a) Name and address of the relevant designated national
authorities of the exporting Party and the importing Party;
(b) Expected date of export to the importing Party;
(c) Name of the banned or severely restricted chemical and a
summary of the information specified in Annex I that is to be provided to
the Secretariat in accordance with Article 5. Where more than one such
chemical is included in a mixture or preparation, such information shall be
provided for each chemical;
(d) A statement indicating, if known, the foreseen category of
the chemical and its foreseen use within that category in the importing
Party;
(e) Information on precautionary measures to reduce exposure to,
and emission of, the chemical;
(f) In the case of a mixture or a preparation, the concentration
of the banned or severely restricted chemical or chemicals in question;
(g) Name and address of the importer;
(h) Any additional information that is readily available to the
relevant designated national authority of the exporting Party that would
be of assistance to the designated national authority of the importing
Party.
2. In addition to the information referred to in paragraph 1,
the exporting Party shall provide such further information specified in
Annex I as may be requested by the importing Party.
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