(ii) "Technology" includes the technology used and the installation involved
(iii) "feasible" technology means a technology that is available to the applicant, developed on a certain scale, and based on its cost and benefit considerations, can be adopted in the relevant industrial sector under reliable economic and technical conditions; and
(iv) "Best" means the most effective in achieving a high level of overall protection of the environment as a whole.
(v) "Best environmental practices" means the application of the most appropriate combination of environmental control measures and strategies.
(vi) "New source" means any source that has been constructed or substantially modified at least one year after the date
a. The date of entry into force of this Convention for the Party concerned; or
b. The date on which an amendment to Annex C enters into force for the Party concerned and the source is bound by the provisions of this Convention only by virtue of that amendment.
(g) A Party may use emission limit values or operational standards to meet its commitments under this paragraph with respect to best available techniques.
Article 6 Measures to reduce or eliminate emissions from stockpiles and wastes
1. To ensure that stockpiles consisting of or containing chemicals listed in Annex A or B, and wastes consisting of, containing or contaminated with a chemical listed in Annex A, B or C, including products and articles that are about to become wastes, are managed in a manner that protects human health and the environment, each Party shall
(a) Develop appropriate strategies to identify
(i)stockpiles consisting of or containing a chemical listed in Annex A or B; and
(ii)products and articles in use and wastes consisting of, containing, or contaminated with a chemical listed in Annex A, B, or C
(b)Identify, as far as practicable, stocks consisting of or containing a chemical listed in Annex A or B in accordance with the strategy referred to in subparagraph (a)
(c) Manage stockpiles in a safe, efficient and environmentally sound manner, as appropriate. Stocks of chemicals listed in Annex A or B, other than those allowed for export pursuant to paragraph 2 of Article 3, shall be considered wastes and shall be managed in accordance with subparagraph (d) below after their use is no longer permitted under any specific exemption listed in Annex A or under a specific exemption or acceptable purpose listed in Annex B
(d) Take appropriate measures to ensure that such wastes, including products and articles that are about to become wastes
(i)are disposed of, collected, transported and stored in an environmentally sound manner
(ii) are disposed of in such a manner that their POP content is destroyed or permanently massaged so that they no longer exhibit POP characteristics; or, where permanent massaging is not a desirable environmental option or where their POP content is low, are otherwise disposed of in an environmentally sound manner, taking into account international rules, standards and guidelines, including those to be developed in accordance with paragraph 2, and relevant global and regional mechanisms dealing with hazardous waste management
(iii) shall not engage in disposal practices that may result in the recovery, recycling, reclamation, direct reuse, or alternative use of POPs; and
(iv) shall not transport across national boundaries in violation of relevant international rules, standards and guidelines.
(e) endeavor to develop appropriate strategies for identifying sites contaminated with chemicals listed in Annexes A, B or C; if remediation of such sites is undertaken, it shall be done in an environmentally sound manner.
2. The Conference of the Parties shall work closely with the relevant bodies of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, in particular to
(a) Develop the criteria necessary to carry out destruction and permanent qualitative transformation to ensure that the characteristics of POPs identified in paragraph 1 of Annex D are not displayed
(b) Determine their approved methods of disposal for environmental soundness as described above; and
(c) Establish content criteria for the chemical substances listed in Annexes A, B and C, as appropriate, to define the low content of the persistent organic pollutants referred to in paragraph 1(d)(ii).
Article 7 Implementation Plan
1. Each Party shall
(a)Develop and endeavor to implement a plan designed to meet its obligations under this Convention.
(b)transmit its implementation plan to the Conference of the Parties within two years from the date of entry into force of this Convention for it; and
(c) review and update its implementation plan periodically, as appropriate, in the manner specified in the decisions of the Conference of the Parties.
2. To facilitate the development, implementation and updating of its implementation plan, each Party shall cooperate, directly or through global, regional and sub-regional organizations, as appropriate, and consult with its domestic stakeholders, including women's groups and children's health groups.
3. Each Party shall make every effort to use and, where necessary and appropriate, incorporate national implementation plans on POPs into its sustainable development strategy.
Article 8 Addition of chemicals to Annexes A, B and C
1. Any Party may submit to the Secretariat a proposal for listing a chemical in Annexes A, B and/or C of this Convention. The proposal shall include the information specified in Annex D. Parties may receive assistance from other Parties and/or the Secretariat in the preparation of their proposals.
2. The Secretariat shall verify whether the proposal includes the information specified in Annex D. If the Secretariat determines that the proposal includes the required information, it shall be forwarded to the POPRC.
3. The Review Committee shall review the proposal and apply the screening criteria specified in Annex D in a flexible and transparent manner, taking into account all information provided in a comprehensive and balanced manner.
4. If the Review Committee decides that
(a) it determines that the proposal meets the screening criteria, it shall communicate the proposal and the Committee's evaluation to all Parties and observers, through the Secretariat, and request them to provide the information specified in Annex E; or
(b) it determines that the proposal does not meet the screening criteria, it shall notify, through the Secretariat, all Parties and observers thereof, and shall inform all Parties of the proposal and the evaluation of the Committee, and place the proposal on hold.
5. Any Party may resubmit to the Review Committee a proposal that it has previously placed on hold in accordance with paragraph 4 above. The resubmitted proposal may include any issues of concern to the Party and the reasons for its further consideration by the Committee. If, after this procedure, the proposal is again set aside by the Review Committee, the Party may challenge the decision of the Review Committee and the Conference of the Parties shall consider the matter at its next meeting. The Conference of the Parties may decide to continue consideration of the proposal in accordance with the screening criteria listed in Annex D and taking into account the evaluation of the Review Committee and additional information submitted by any Party or observer.
If the Review Committee determines that the proposal meets the screening criteria or the Conference of the Parties decides that the proposal should be continued, the Committee shall conduct a further review of the proposal, taking into account any relevant additional information received, and shall prepare a draft risk profile in accordance with Annex E. The Committee, through the Secretariat, shall submit the draft risk profile to all Parties and observers for their technical comments and, taking into account these comments, shall complete the risk profile.
7. If the Review Committee decides, based on the risk profile done in accordance with Annex E, that
(a) the chemical is likely, as a result of its long-range environmental transport, to lead to adverse human health and/or environmental effects such that global action is warranted, then the proposal should proceed. The lack of full scientific certainty shall not prevent continued consideration of the proposal. The Committee, through the Secretariat, shall invite all Parties and observers to submit information relevant to the considerations listed in Annex F. The Committee shall then prepare a risk management evaluation that includes an analysis of possible regulatory measures for the chemical in accordance with Annex F; or
(b) should not proceed with consideration of the proposal, it shall make the risk profile available to all Parties and observers through the Secretariat and set the proposal aside.
8. A Party may request the Conference of the Parties to consider reviewing the Committee's request for additional information from the proposing Party and other Parties for a period not to exceed one year for any proposal placed on hold pursuant to paragraph 7(b) above. After such period, the Committee shall reconsider the proposal in accordance with paragraph 6 above on the basis of any information received and in accordance with the priorities decided by the Conference of the Parties. If, after this procedure, the Review Committee again sets aside the proposal, the Party involved may challenge the decision of the Review Committee and the matter shall be considered by the Conference of the Parties at its next meeting. The Conference of the Parties may decide to continue consideration of the proposal based on the risk profile prepared in accordance with Annex E, taking into account the evaluation of the Review Committee and any additional information submitted by Parties and observers. If the Conference of the Parties decides that consideration of the proposal should continue, the Review Committee shall prepare a risk management evaluation.
9. The Review Committee shall, on the basis of the risk profile referred to in paragraph 6 above and the risk management evaluation referred to in paragraph 7(a) or 8 above, make a recommendation as to whether the chemical should be considered by the Conference of the Parties for listing in Annexes A, B and/or C. The Conference of the Parties, after giving due consideration to the recommendation of the Committee, including any scientific uncertainty, decides, in accordance with the precautionary principle, whether to list the chemical The Conference of the Parties, after taking due account of the recommendations of the Committee, including any scientific certainty, decides whether to list the chemical in Annexes A, B and/or C, and to provide for the corresponding regulatory measures.
Article 9 Exchange of Information
1. Each Party shall facilitate or conduct an exchange of information on the following matters
(a) the reduction or elimination of the production, use and release of POPs; and
(b) alternatives to POPs, including information on their risks and economic and social costs.
2. Each Party shall exchange with each other, directly or through the Secretariat, the information referred to in paragraph 1 above.
3, each Party shall designate a national focal point for the exchange of such information.
4. The Secretariat shall serve as a clearing house for information on POPs, and the information exchanged shall include information provided by Parties, intergovernmental organizations and non-governmental organizations.
5. For the purposes of this Convention, information relating to human health and safety and the environment shall not be considered confidential. Parties exchanging other information pursuant to this Convention shall keep the information confidential as mutually agreed.
Article 10 Public information, awareness and education
1. Each Party shall, in accordance with its own capabilities, promote and assist in
(a) Raising awareness of POPs issues among its policy and decision makers
(b) Making available to the public all available information on POPs, taking into account the provisions of Article 9, paragraph 5, for this purpose
(c) Develop and implement educational and public awareness programmes, particularly for women, children and those with low literacy levels, to disseminate knowledge about POPs and their health and environmental effects, and alternatives
(d)Public participation in addressing persistent organic pollutants and their health and environmental effects, and in developing appropriate responses, including opportunities for national-level input into the implementation of this Convention.
(e)Training of workers, scientists, educators, and technical and managerial personnel.
(f)develop and exchange educational and promotional materials at the national and international levels; and
(g) develop and implement education and training programs at the national and international levels.
2. Each Party shall, in accordance with its own capabilities, ensure that the public has access to the public information referred to in paragraph 1 above, and that such information is kept up to date.
3. Each Party shall, in accordance with its own capabilities, encourage industry and specialized users to promote and facilitate the provision of the information referred to in paragraph 1 above at the national level and, where appropriate, at the subregional, regional and global levels
4. In providing information on POPs and their alternatives, Parties may use safety data sheets, reports, mass media and other means of communication, and may establish information centers at the national and regional levels.
5. Each Party shall actively consider the establishment of mechanisms, such as pollutant release and transfer registers, for the collection and dissemination of information on annual estimates of releases or disposals of chemicals listed in Annex A, B or C.
Article 11 Research, development and monitoring
1. Each Party shall, in accordance with its capabilities, encourage and/or undertake appropriate research, development, monitoring and cooperation at the national and international levels with respect to persistent organic pollutants and their related alternatives, as well as potential persistent organic pollutants, including
(a) Sources and releases to the environment.
(b) Presence, levels and trends in humans and the environment.
(c)Environmental transport, fate and transformation.
(d)Impact on human health and the environment.
(e)Socio-economic and cultural impacts.
(f)reduction and/or elimination of emissions; and
(g)Harmonized methodologies for the development of inventories of the sources from which they are generated and analytical techniques for the measurement of their emissions.
2. In taking action in accordance with paragraph 1 above, each Party shall, in accordance with its own capabilities
(a)Support and further develop, as appropriate, international programs, networks and organizations aimed at defining, conducting, assessing and funding research, data collection and monitoring, taking care to avoid duplication of effort to the extent possible
(b)Support national and international efforts aimed at enhancing national scientific and technological research capabilities, particularly in developing countries and countries with economies in transition, and promote access to and exchange of data and analytical results.
(c)To take into account the concerns and needs of developing countries and countries with economies in transition, in particular with respect to financial and technical resources, and to cooperate to enhance their ability to participate in the activities described in subparagraphs (a) and (b) above.
(d)Conducting research in an effort to mitigate the reproductive health effects of persistent organic pollutants
(e)To make the results of the research, development, and monitoring activities described in this paragraph available to the public on a timely and regular basis; and
(f) To encourage and/or cooperate in the storage and maintenance of information obtained from research, development and monitoring.
Article 12 Technical Assistance
1. The Parties recognize that the provision of timely and appropriate technical assistance to developing country Parties and Parties with economies in transition, upon their request, is essential for the successful implementation of this Convention.
2. The Parties shall cooperate in the provision of timely and appropriate technical assistance to developing country Parties and Parties with economies in transition, taking into account their special needs, to assist them in developing and enhancing their capacity to meet their obligations under this Convention.
3. In this regard, technical assistance to be provided by developed country Parties, as well as by other country Parties in accordance with their capabilities, shall include appropriate and mutually agreed technical assistance for capacity building related to the implementation of obligations under this Convention. The Conference of the Parties shall provide further guidance in this regard.
4. The Parties shall make arrangements, as appropriate, for the provision of technical assistance to developing country Parties and Parties with economies in transition related to the implementation of this Convention and the facilitation of related technology transfer. These arrangements shall include centers for capacity-building and technology transfer at the regional and subregional levels to assist developing country Parties and Parties with economies in transition in the implementation of their obligations under this Convention. The Conference of the Parties shall provide further guidance in this regard.
5. Parties shall, in the context of this Article, take fully into account the specific needs and special circumstances of the least developed countries and small island developing States in their actions to provide technical assistance.
Article 13 Financial resources and mechanisms
1. Each Party undertakes to provide financial support and incentives for those national activities aimed at achieving the objectives of this Convention in accordance with its own capabilities and in accordance with its national plans, priorities and programs.
2. Developed country Parties shall provide new and additional financial resources to enable developing country Parties and Parties with economies in transition to meet the full incremental costs of implementing measures to meet their obligations under this Convention, as mutually agreed between the recipient Party and the entities participating in the mechanisms set forth in paragraph 6. Other Parties may provide such financial resources on a voluntary basis and in accordance with their capabilities. Contributions from other sources shall also be encouraged. In meeting these obligations, consideration shall be given to the need to ensure the adequacy, predictability and timely disbursement of funds and to the importance of burden sharing among contributing Parties.
3. Developed country Parties, as well as other Parties, may also provide financial assistance to developing country Parties and Parties with economies in transition through other bilateral, regional and multilateral sources or channels, in accordance with their capabilities and in accordance with their national plans, priorities and programs; such financial resources may be used by developing country Parties and Parties with economies in transition to assist them in the implementation of this Convention.
The extent to which developing country Parties effectively implement their commitments under this Convention will depend on the effective implementation by developed country Parties of their commitments under this Convention with respect to financial resources, technical assistance and technology transfer. Due consideration shall be given to the need to protect human health and the environment, while taking fully into account that sustainable economic and social development and poverty eradication are the first and overriding priorities of developing country Parties.
5. In their funding actions, Parties shall take fully into account the specific needs and special circumstances of the least developed countries and small island developing States.
6. A mechanism is hereby established to provide adequate and sustainable financial resources to developing country Parties and Parties with economies in transition, on a grant or concessional basis, to assist them in the implementation of this Convention. For the purposes of this Convention, this financial mechanism shall function under the authority and guidance of, and be accountable to, the Conference of the Parties, as appropriate. The operation of this financial mechanism shall be entrusted to one or more entities, including established international entities, as may be decided by the Conference of the Parties. The mechanism may also include other entities providing multilateral, regional and bilateral financial and technical assistance. Contributions to this mechanism shall be in addition to other transfers of funds to developing country Parties and Parties with economies in transition in accordance with paragraph 2.
7. Consistent with the objectives of this Convention and the provisions of paragraph 6 of this Article, the Conference of the Parties shall, at its first meeting, adopt appropriate guidance to be provided to the mechanism and shall mutually agree with the entities participating in the financial mechanism on arrangements for giving effect to such guidance. Such guidance shall address, in particular, the following matters
(a) The identification of policies, strategies, program priorities, and clear and detailed criteria and guidance on eligibility for access to and use of financial resources, including monitoring and periodic evaluation of the use of such resources
(b)Regular reporting by participating entities to the Conference of the Parties on the provision of adequate and sustainable funding for the implementation of activities related to this Convention
(c)Approaches, mechanisms and arrangements to facilitate access to funding from multiple sources.
(d)Methodologies for determining the level of funding necessary and available for the implementation of this Convention in a predictable and identifiable manner, and bearing in mind that sustained funding may be required for the phasing out of POPs, and the conditions under which this level should be reviewed periodically; and
(e) Methods for providing interested Parties with needs assessment assistance, available sources of funding, and information on forms of funding to facilitate coordination among them.
The Conference of the Parties shall, at its second meeting at the latest, and periodically thereafter, review the effectiveness of the financial mechanism established pursuant to this Article, its ability to meet the evolving needs of developing country Parties and Parties with economies in transition, the criteria and guidance referred to in paragraph 7 above, the level of funding, and the effectiveness of the entity entrusted with the operation of the financial mechanism. On the basis of such review, the Conference of the Parties shall take appropriate action, as necessary, to enhance the effectiveness of the mechanism, including recommendations and guidance on measures to ensure adequate and sustainable funding to meet the needs of the Parties.
Article 14 Interim financial arrangements
The organizational structure of the Global Environment Facility, operating in accordance with the Guidelines for the Establishment of the Restructured Global Environment Facility, shall serve as the principal entity entrusted with the operation of the financial mechanism referred to in Article 13 on an interim basis from the date of entry into force of this Convention until the first meeting of the Conference of the Parties or until the Conference of the Parties decides on the organizational structure to be designated for the operation of the financial mechanism in accordance with Article 13. (b) The principal entity entrusted with the operation of the financial mechanism referred to in Article 13. The organizational structure of the Global Environment Facility shall take into account the possible need for new arrangements for work in this area, through operational measures specifically related to persistent organic pollutants, to perform this function.
Article 15 Reporting
1. Each Party shall report to the Conference of the Parties on the measures it has taken to implement the provisions of this Convention and on the effectiveness of those measures in achieving the objectives of this Convention.
2. Each Party shall provide to the Secretariat
(a) Statistical data on its total production, imports and exports of each of the chemicals listed in Annexes A and B, or a reasonable estimate of such data
(b)To the extent practicable, a list of the countries to which it exports each such substance and a list of the countries to which it receives exports of each such substance.
3. Such reports shall be made at intervals and in a format to be determined by the Conference of the Parties at its first meeting.
Article 16 Effectiveness evaluation
1. The Conference of the Parties shall evaluate the effectiveness of this Convention within four years from the date of entry into force of this Convention and periodically thereafter at intervals to be determined by the Conference of the Parties.
2. To facilitate such evaluation, the Conference of the Parties shall, at its first meeting, initiate arrangements designed to enable it to obtain comparable monitoring data on the presence, and regional and global transport, of the chemicals listed in Annexes A, B and C. These arrangements.
(a) shall be implemented by Parties, as appropriate, on a regional basis and subject to their technical and financial capabilities, making use of established monitoring programs and mechanisms to the extent possible and promoting consistency of approaches
(b)shall be supplemented, as necessary, taking into account regional specificities and differences in their capacity to undertake monitoring activities; and
(c) shall include 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 assessment referred to in paragraph 1 above shall be conducted on the basis of available scientific, environmental, technical and economic information, including
(a)Reports and other information on the results of monitoring provided in accordance with paragraph 2.
(b)National reports submitted in accordance with Article 15; and
(c) Information on non-compliance provided in accordance with the procedures established under Article 17.
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 the treatment of Parties found to be in non-compliance with the provisions of this Convention.
Article 18 Settlement of disputes
1. The Parties shall settle any dispute between them concerning the interpretation or application of this Convention by negotiation or other peaceful means of their own choice.
2. Upon ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument deposited with the Depositary that, with respect to any dispute concerning the interpretation or application of this Convention, it recognizes as compulsory, in relation to any other Party accepting the same obligation, one or both of the following means of dispute settlement
(a) Arbitration in accordance with a procedure to be adopted by the Conference of the Parties as early as practicable and contained in an annex.
(b) Submission of the dispute to the International Court of Justice.
3. If a Party is a regional economic integration organization, it may make a similar declaration in respect of an award made in accordance with the procedure referred to in paragraph 2(a).
4. A declaration made under paragraph 2 or 3 shall remain in force for the period of time specified therein or for three months after written notice of its withdrawal has been deposited with the Depositary.
5. Unless otherwise agreed by the parties to the dispute, the expiration of the declaration, the notification of its withdrawal or the making of a new declaration shall not affect in any way the ongoing proceedings before the arbitral tribunal or the International Court of Justice.
6. If the parties to the dispute have not accepted the same or any procedure under paragraph 2 and they fail to settle their dispute within twelve months after one of them has notified the other of the existence of a dispute between them, they shall, at the request of any party to the dispute, submit it to a conciliation commission. The Conciliation Commission shall submit a report with recommendations. Additional procedures for the Conciliation Commission shall be included in an annex to be adopted at the second meeting of the Conference of Parties at the latest.
Article 19 Conference of Parties
1. A Conference of Parties is hereby established.
The first meeting of the Conference of Parties shall be convened by the Executive Director of the United Nations Environment Programme within one year of the entry into force of this Convention. Thereafter, ordinary meetings of the Conference of Parties shall be held at regular intervals as determined by the Conference of Parties.
Extraordinary meetings of the Conference of the Parties may be held at such other times as the Conference of the Parties deems necessary or at the written request of any Party and with the support of at least one third of the Parties.
4. The Conference of Parties shall, at its first meeting, agree by consensus and adopt rules of procedure and financial rules for the Conference of Parties and any of its subsidiary bodies, as well as financial provisions governing the operation of the Secretariat.
5. The Conference of the Parties shall keep under review and evaluate the implementation of this Convention. It shall perform the functions assigned to it by this Convention and, to that end, shall
(a) in addition to the provisions made in paragraph 6, establish such subsidiary bodies as it deems necessary for the implementation of this Convention
(b)cooperate, as appropriate, with qualified international organizations and with intergovernmental and nongovernmental organizations; and
(c) Review periodically all information provided to the Parties pursuant to Article 15, including a review of the effectiveness of Article 3, paragraph 2(b)(iii)
(d) Consider and take any other action that may be required to achieve the objectives of this Convention.
6. The Conference of the Parties shall, at its first meeting, establish a subsidiary body to be called the Persistent Organic Pollutants Review Committee to perform the functions assigned to it by this Convention. In this regard.
(a) The members of the Persistent Organic Pollutants Review Committee shall be appointed by the Conference of the Parties. The Committee shall be composed of government-designated experts in the assessment or management of chemicals. 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 terms of reference, organization and operation of the Committee; and
(c) The Committee shall make every effort to adopt its recommendations by consensus. If all efforts at consensus have been exhausted and no agreement has been reached, such recommendations shall, as a last resort, be adopted by a two-thirds majority vote of the members present and voting.
7. The Conference of the Parties shall, at its third meeting, evaluate the continued need for and effectiveness of the procedure set forth in Article 3, paragraph 2(b).
8. The United Nations and its specialized agencies, the International Atomic Energy Agency, and any State not party to this Convention may be represented at meetings of the Conference of the Parties as observers. Any other body or agency, whether national or international, governmental or non-governmental, which is qualified in matters covered by this Convention and which has informed the Secretariat of its wish to be represented at a meeting of the Conference of the Parties as an observer, may be admitted to the meeting unless at least one third of the Parties present object thereto. The admission of observers and their participation in meetings shall be subject to the rules of procedure adopted by the Conference of the Parties.
Article 20 Secretariat
1. A Secretariat is hereby established.
2. The functions of the Secretariat shall be to
(a) make arrangements for and provide services as required for the meetings of the Conference of Parties and its subsidiary bodies
(b) To facilitate, upon request, assistance to Parties, in particular developing country Parties and Parties with economies in transition, in the implementation of this Convention
(c)To ensure the necessary coordination with the secretariats of other relevant international organizations
(d)To prepare and make available reports to the Parties on a regular basis based on information received in accordance with Article 15 and other available information
(e)make, under the overall guidance of the Conference of the Parties, such administrative and contractual arrangements as may be necessary for the effective performance of its functions; and
(f) perform such other secretariat functions as are provided for in this Convention and such other functions as may be determined for it by the Conference of the Parties.
3. The secretariat functions of this Convention shall be performed by the Executive Director of the United Nations Environment Programme unless the Conference of the Parties, by a three-fourths majority of the Parties present and voting, decides to entrust the performance of such functions to another international organization or organizations.
Article 21 Amendment of the Convention
1. Any Party may propose amendments to this Convention.
2. Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. The text of any proposed amendment to this Convention 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 all signatories to this Convention and shall deposit it with 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 the amendment shall be notified in writing to the Depositary. An amendment adopted in accordance with paragraph 3 above shall enter into force for each Party accepting 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. It shall enter into force for any other Party thereafter on the ninetieth day after the date of deposit of its instrument of ratification, acceptance or approval of the amendment.
Article 22 Adoption and amendment of annexes
1. The annexes to this Convention shall form an integral part of this Convention and, unless otherwise expressly provided, references to this Convention shall include all its annexes.
2. Any additional annexes shall be limited to procedural, scientific, technical or administrative matters.
3. The following procedures shall apply to the proposal, adoption and entry into force of any additional annex to this Convention.
(a) Additional annexes shall be proposed and adopted in accordance with the procedures set out in Article 21, paragraphs 1, 2 and 3.
(b) If any Party is unable to accept an additional annex, it shall notify the Depositary in writing of such failure within one year of the date of the communication by the Depositary of the adoption of the additional annex. The Depositary shall notify all Parties immediately upon receipt of any such notification. (b) A Party may at any time withdraw a previous notification of non-acceptance of an additional annex, whereby the annex shall enter into force for that Party in accordance with the provisions of subparagraph (c); and
(c) one year after the date of notification by the Depositary of the adoption of an additional annex, the annex shall enter into force for all Parties to this Convention that have not submitted notifications in accordance with the provisions of subparagraph (b).
4. The proposal, adoption and entry into force of amendments to Annexes A, B or C shall be subject to the same procedure as that for the proposal, adoption and entry into force of additional annexes to this Convention, except that no amendment to Annexes A, B or C shall enter into force for any Party if that Party has made a declaration in accordance with paragraph 4 of Article 25 with respect to such amendment
(a) Amendments shall be proposed in accordance with the procedures set out in paragraphs 1 and 2 of Article 21
(b)The Parties shall decide on amendments to Annexes D, E or F by consensus; and
(c) The Depositary shall promptly notify the Parties of the decision to amend Annexes D, E or F. The amendment shall enter into force on the date determined by that decision for all Parties to the Convention if an additional annex or an amendment to an annex is linked to an amendment to this Convention, the additional annex or amendment shall not enter into force before that amendment to this Convention.
Article 23 Voting rights
1. Except as provided in paragraph 2, each Party to this Convention shall have one vote.
2. A regional economic integration organization shall exercise its right to vote on matters within its competence with a number of votes equal to the number of its Member States that are Parties to this Convention. No such organization shall exercise its right to vote if any of its member States exercises its right to vote, and vice versa.
Article 24 Signature
This Convention shall be open for signature by all States and regional economic integration organizations at Stockholm on 23 May 2001 and at United Nations Headquarters in New York from 24 May 2001 to 22 May 2002.
Article 25 Ratification, acceptance, approval or accession
1. This Convention shall be subject to ratification, acceptance or approval by States and regional economic integration organizations. This Convention shall be open for accession by States and regional economic integration organizations from the date of the closing date for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
2. Any regional economic integration organization that is a Party to this Convention but none of whose member States is a Party shall be bound by all obligations under this Convention. Where one or more member States of such an organization is a Party to this Convention, that organization and its member States shall determine their respective responsibilities with respect to the implementation of the obligations of the Convention. In such a case, the organization and its member States shall not be entitled to exercise simultaneously the rights provided for in this Convention.
3. A regional economic integration organization shall declare in its instrument of ratification, acceptance, approval or accession its competence with respect to matters governed by this Convention. Any such organization shall also inform the Depositary, who shall in turn inform the Parties, of any relevant changes in the scope of its competence.
4. Any Party may make a declaration in its instrument of ratification, acceptance, approval or accession that any amendment to Annex A, B or C shall not enter into force for that Party until it has deposited its instrument of ratification, acceptance, approval or accession in respect of that amendment.
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 ratifying, accepting, approving or acceding to this Convention after the deposit of the fiftieth instrument of ratification, acceptance, approval or accession, this 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 purposes of paragraphs 1 and 2, any instrument deposited by a regional economic integration organization shall not be considered additional to those deposited by member States of that organization.
Article 27 Reservations
No reservation may be made to this Convention.
Article 28 Denunciation
1. At any time after three years from the date of entry into force of this Convention for a Party, that Party may denounce this Convention by written notification to the Depositary.
2. Any such denunciation shall take effect one year after the date of receipt of the notification of denunciation by the Depositary, or on such later date as may be specified in the notification of denunciation.
Article 29 Depositary
The Secretary-General of the United Nations shall be the depositary of this Convention.
Article 30 Authorized 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 thereto, have signed the present Convention.
Done at Stockholm, this 22nd day of May, A.D., 2001.
Annex A.
Elimination
Part I
Chemical Activity Specific Exemptions
Aldrin* Production None
Chemical Abstract No.
309-00-2 Use Local use of ectoparasiticide Insecticide
Chlordane* Production Limited to exemptions allowed for Parties listed in the Register
CAS No.
57-74-9 Use of locally used ectoparasiticides
Insecticide
Termiticides
Termiticide for use in buildings and dams
Termiticides used in highways
Additive in plywood adhesives
Dieldrin* Production None
CAS no.
60-57-1 Use Agricultural production
Endrin* Production None
CAS No. 72-20-8
72-20-8 Use None
Heptachlor* Production None
CAS No. 76-44-8
76-44-8 Use Termiticide
Termiticide used in housing structures
Termiticide (subterranean)
Wood treatment
For underground cable protection boxes
Hexachlorobenzene Production Limited to exemptions allowed for parties listed in the register
CAS no.
118-74-1 Use Intermediates
Pesticide solvents
Intermediates in limited site containment systems
Mirex* Production Limited to allowable exemptions for Parties listed in the Register
CAS No. 2385-85-5
2385-85-5 Use Termiticide
Toxaphene* Production None
CAS No. 8001-35-2
8001-35-2 Use None
Polychlorinated biphenyls* Production None
Use Items in use in accordance with the provisions of Part II of this Annex
Notes.
(i) Chemicals that occur as unintentional trace contaminants in products and articles shall not be considered as listed in this Annex unless otherwise specified in this Convention.
(ii) A note to this entry shall not be considered a specific exemption for a particular production and use for the purposes of paragraph 2 of Article 3. The quantity of a chemical present as a component in an article produced or in use on or before the date of entry into force of the relevant obligation for that chemical shall not be considered a specific exemption for the country of production or use listed in this Annex, provided that a Party has notified the Secretariat that a specific article is still in use in that Party. The Secretariat shall make such notification available to the public.
(iii) The note to this Article shall not apply to chemicals listed with an asterisk in the chemicals column of Part I of this Annex and shall not be considered a specific exemption for a production and use for the purposes of paragraph 2 of Article 3. Given that a chemical is not expected to come into significant contact with people or the environment during the production and use of an intermediate in a site-limited closed system, a Party may, upon notification to the Secretariat, permit the production and use of a quantity of a chemical listed in this Annex as an intermediate in a site-limited closed system that is chemically modified during the manufacture of other chemicals that, taking into account the criteria listed in paragraph 1 of Annex D paragraph 1 of Annex D, those chemicals do not exhibit POP characteristics. Such notification shall include information on the total amount of such chemical produced and used, or a reasonable estimate of such information, and information on the nature of the production process in the site-limited closed system, including the amount of all unchanged and unintentional trace contaminants in the final product from the initial POPs feedstock. This procedure shall apply unless otherwise specified in this Annex. The Secretariat shall submit such notifications to the Conference of the Parties and make them available to the public. Such production or use shall not be considered a specific exemption for production or use. Such production and use shall cease after a period of ten years, unless the Party concerned submits a new notification to the Secretariat, in which case the period shall be extended for a further ten years, unless the Conference of the Parties decides otherwise after reviewing the production and use in question. This notification procedure may be repeated.
(iv) All Parties that have registered under Article 4 for the relevant exemptions may apply all of the specific exemptions listed in this Annex, with the exception of PCBs used by in-use articles under the provisions of Part II of this Annex, for which all Parties may apply the specific exemptions related to that chemical.
Part II Polychlorinated Biphenyls
Each Party shall
(a) With respect to the elimination of PCBs used in equipment (e.g., transformers, capacitors, or other receptacles containing liquid stocks) by 2025, upon review by the Conference of the Parties, each Party shall take action in accordance with the following priorities
(i) Make a determined effort to identify, label, and eliminate in-service equipment containing greater than 10 percent PCBs with a capacity greater than 5 liters.
(ii) Make determined efforts to identify, label, and eliminate in-service equipment containing greater than 0.05 percent PCBs with a capacity greater than 5 liters.
(iii)Make a determined effort to identify and eliminate in-service equipment containing more than 0.005% PCBs with a capacity greater than 0.05 liters.
(b) Promote the following measures aimed at reducing exposure and mitigating risk to control the use of these PCBs, in accordance with the priorities in (a) above.
(i)Use only in equipment that is not touched and does not leak, and only in areas where the risk of environmental releases can be minimized and quickly remediated.
(ii)Not allowed in equipment involved in food or feed production or processing areas.
(iii)When used in residential areas, including schools and hospitals, take all reasonable measures to prevent circuit failures that could cause fires and inspect such equipment frequently for leaks.
(c) Notwithstanding the provisions of paragraph 2 of Article 3, ensure that equipment containing PCBs referred to in subparagraph (a) above is not exported or imported except for the purpose of environmentally sound waste management.
(d)Not allow the recovery of liquids containing more than 0.005% PCBs for reuse in other equipment except for the purposes of maintenance and service operations.
(e) Make a determined effort to achieve environmentally sound waste management of liquids containing PCBs and equipment contaminated with PCBs with a PCB content greater than 0.005% as soon as possible, but no later than 2028, in accordance with paragraph 1 of Article 6. Efforts in this regard will be reviewed by the Conference of the Parties.
(f) As an alternative to note (ii) to Part I of this Annex, seek to identify other items containing more than 0.005% PCBs (e.g., cable varnish, solidified inlay paste, and painted objects) and dispose of them in accordance with paragraph 1 of Article 6.
(g)To provide a report on progress in the elimination of PCBs every five years and submit such report to the Conference of the Parties in accordance with Article 15.
(h) The report referred to in subparagraph (g) above shall be considered, as appropriate, by the Conference of the Parties in its review of PCBs. The Conference of the Parties shall review progress on the elimination of polychlorinated biphenyls every five years or at other intervals as appropriate, taking into account the specific content of such reports.
Annex B.
Restrictions
Part I
Chemical Activity Acceptable Use or Specific Exemption
DDT (1,1,1-trichloro-2,2- Production Acceptable use.
Bis(p-chlorophenyl)ethane) for disease vector control in accordance with Part II of this Annex
CAS No.: 50-29-3 Specific Exemption.
Intermediates in the production of dicofol
Intermediates
Use Acceptable use.
For vector control in accordance with Part II of this Annex
Specific Exemption.
Dicofol production
Intermediates
Notes.
(i) Except as otherwise provided in this Convention, quantities of a chemical that occur as unintentional trace contaminants in products and articles shall not be considered as listed in this Annex.
(ii) A note to this entry shall not be considered an acceptable use or specific exemption for production and use for the purposes of paragraph 2 of Article 3. A chemical that appears as a component of an article produced or already in use on or before the date of entry into force of the relevant obligation for that chemical shall not be considered to be listed in this Annex, provided that a Party has notified the Secretariat that a particular category of articles is still in use within that Party. The Secretariat shall make such notification available to the public.
(iii) A note for the purposes of this Article shall not be considered a specific exemption for a particular production and use for the purposes of paragraph 2 of Article 3. Given that no significant exposure of the chemical to humans and the environment is expected to occur during the production and use of an intermediate in a site-limited closed system, a Party may, upon notification to the Secretariat, permit the production and use of a quantity of a chemical listed in this Annex as an intermediate in a site-limited closed system that is chemically modified in the manufacture of other chemicals, where does not exhibit the characteristics of a persistent organic pollutant, taking into account the criteria listed in paragraph 1 of Annex D. Such notification shall include information on the total production and use of such chemical or a reasonable estimate of such quantity information, as well as information on the nature of the production process in the site-limited closed system, including the quantities of all unchanged and unintentional trace contaminants in the final product from the initial POPs feedstock. This procedure shall apply unless otherwise specified in this Annex. The Secretariat shall make such notifications available to the Conference of the Parties and to the public. Such production or use shall not be considered a production and use specific exemption. Such production and use shall cease after a period of ten years, unless the Party concerned submits a new notification to the Secretariat, in which case the period shall be extended for a further ten years, unless the Conference of the Parties decides otherwise after reviewing the production and use in question. This notification procedure may be repeated.
(iv) All specific exemptions listed in this Annex may be applied by any Party that has registered for a specific exemption in accordance with the provisions of Article 4.
part ii dichlorodiphenyltrichloroethane (1,1,1-trichloro-2,2-bis(p-monochlorophenyl)ethane)
1. The production and use of DDT shall be banned except for Parties that have notified the Secretariat of their intention to produce and/or use the chemical. A DDT register is hereby established and shall be open to the public. The DDT register shall be maintained by the Secretariat.
2. Each Party that produces and/or uses DDT shall limit its production and/or use to disease vector control in accordance with the World Health Organization recommendations and guidelines for the use of DDT and shall use it only when safe, effective and affordable alternatives are not locally available in the Party concerned.
3. A Party not listed in the DDT register that decides that DDT is needed for disease vector control should notify the Secretariat as soon as possible so that its name can be included in the DDT register. At the same time, the World Health Organization shall also be informed of the matter.
4. Every Party using DDT shall provide to the Secretariat and the World Health Organization every three years, in a format to be decided by the Conference of the Parties in consultation with the World Health Organization, information on the quantities used, the conditions of use, and an indication of its relevance to the Party's disease control strategy.
5. In order to reduce and eventually eliminate the use of DDT, the Conference of the Parties shall encourage
(a) Each Party that uses DDT to develop and implement an action plan as part of its implementation of the plan referred to in Article 7. This action plan shall include
(i) the establishment of regulatory and other mechanisms to ensure that the use of DDT is limited to disease vector control
(ii) implementation of appropriate alternatives, methods and strategies, including resistance control strategies to ensure the continued effectiveness of these alternatives
(iii) Measures to enhance health care and reduce the incidence of disease.
(b) Parties, within their capabilities, promote research and development of safe alternative chemicals and non-chemicals, methods and strategies for Parties using DDT, such research and development to be consistent with the national circumstances of those countries and with the objective of reducing the human and economic burden of disease. Factors such as human health risks and potential environmental concerns of such alternatives should be taken into account when considering alternatives or combinations of alternatives. Viable alternatives to DDT should pose relatively low risks to human health and the environment, but should be suitable for disease control and be based on monitoring data, depending on the circumstances of the Party concerned.
6. At least every three years from the first meeting of the Conference of the Parties and thereafter, the Conference of the Parties, in consultation with the World Health Organization, shall evaluate the continued need for DDT for disease vector control based on available scientific, technical, environmental and economic information, which shall include
(a) The production and use of DDT and the conditions specified in paragraph 2 above.
(b) The feasibility, suitability and application of alternatives to DDT; and
(c) Progress in strengthening the capacity of countries to make a smooth transition to the use of essentially alternatives.
7. Any Party may at any time submit a written notification to the Secretariat requesting its withdrawal from the DDT register. Such revocation shall take effect on the date specified in the notification.
Annex C.
Unintentional Production
part i: persistent organic pollutants to be addressed under the provisions of article 5
This Annex covers the following unintentional formation and release of POPs from anthropogenic sources.
Chemicals
Polychlorinated dibenzo-p-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDDs/PCDFs)
Hexachlorobenzene (HCB) (Chemical Abstracts No. 118-74-1)
Polychlorinated biphenyls (PCBs)
Part II: Source categories
Polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans (PCDD/PCDF), hexachlorobenzene (HCB), and polychlorinated biphenyls (PCB) are chemicals that are unintentionally formed and released during thermal processes involving organic substances and chlorine, all as a result of combustion or incomplete chemical reactions. The following industrial source categories have a relatively high potential for the formation and release of these chemicals into the environment.
(a) Waste incinerators, including multi-purpose incinerators for MSW, hazardous or medical waste, or foulants in sewers.
(b) Cement kilns that burn hazardous wastes.
(c) Pulp production with elemental chlorine or chemicals that can generate elemental chlorine as bleaching agent.
(d) The following thermal processes in the metallurgical industry.
(i) the regeneration of copper production.
(ii) sintering plants in the steel industry.
(iii) the regeneration of aluminum production.
(iv) regenerative production of zinc.
Part III: Source categories
Polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans (PCDD/PCDF), hexachlorobenzene (HCB) and polychlorinated biphenyls (PCB) may also be unintentionally generated and emitted from the following source categories, which include
(a) Open burning of waste, including burning in landfills.
(b)Other thermal processes in the metallurgical industry not mentioned in Part II.
(c)Household combustion sources.
(d)Facilities and industrial boilers using fossil fuels.
(e)Combustion installations using wood and other biomass energy.
(f) Chemical-specific production processes that emit unintentionally formed POPs, in particular the production of chlorinated phenols and chlorinated quinones.
(g)Incinerators.
(h)Motor vehicles, particularly those using leaded gasoline.
(i)The destruction of animal remains.
(j) Textile and leather dyeing (using chloroquinone) and trimming (alkali extraction).
(k) Disposal of end-of-life vehicles in crushing operations plant.
(l) Low-temperature combustion of copper cable wire.
(m) Waste oil refining.
Part IV: Definition
1. For the purposes of this Annex.
(a) "Polychlorinated biphenyl" (PCB) means an aromatic compound formed in such a way that the hydrogen atoms on the diphenyl molecule (two benzene rings joined together by a single carbon-carbon bond) can be replaced by up to 10 chlorine atoms.
(b) Polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans (PCDD/PCDF) are tricyclic aromatic compounds consisting of two benzene rings joined by two oxygen atoms in the case of PCDD and one oxygen atom and one carbon-carbon bond in the case of PCDF, while the hydrogen atoms therein can be replaced by up to eight chlorine atoms.
2, in this Annex, the toxicity of PCDD/PCDF is expressed in terms of the concept of toxic equivalents for determining the relative dioxin-like toxic activity of various congeners of PCDD, PCDF and coplanar PCBs compared to 2,3,7,8-tetrachlorodibenzo-p-dioxin. For the purposes of this Convention, the proposed TEQs should be consistent with accepted international standards, starting with the mammalian TEQs established by the World Health Organization in 1998 for PCDD, PCDF, and coplanar PCBs. Toxic content is expressed in terms of toxic equivalents.
Part V: General Guidance on Best Available Techniques and Best Environmental Practices
This part provides general guidance to Parties on preventing or reducing releases of the chemicals listed in Part I.
A. General precautions related to best available techniques and best environmental practices
Priority should be given to methods to prevent the formation and release of the chemicals listed in Part I. Useful measures may include
(a) Use of low-waste technologies.
(b) Use of less hazardous substances.
(c) Promoting recovery and recycling processes for substances generated and used in production processes and for wastes.
(d)Replacing feeds if they are POPs or if they are directly related to POPs releases.
(e)Good site management and preventive maintenance programs.
(f) Improved waste management with a view to stopping the burning of waste in the open and in other uncontrolled ways, including waste burning at landfill sites. When considering proposals for the construction of new waste disposal facilities, other alternatives should be considered, such as activities to minimize the generation of municipal and medical waste, including resource recovery, reuse, recycling, waste segregation and the promotion of less waste-generating products. In doing so, careful consideration should be given to public health concerns.
(g) Minimize the content of these chemicals as contaminants in products.
(h) Avoid the use of elemental chlorine or chemicals that produce elemental chlorine for bleaching operations.
B. Best Available Techniques
The concept of best available technology is not geared toward prescribing any specific process or technology, but rather toward taking into account the technical characteristics of the facility in question, its geographical location, and local environmental conditions. The appropriate control technology for reducing emissions of the chemical substances listed in Part I is roughly the same. In determining the best available techniques, both in general and in specific cases, the following factors should be taken into account, bearing in mind the likely costs and benefits of a measure as well as precautionary and preventive considerations.
(a) General considerations.
(i)The nature, impact and emissions of the emissions involved: the technology used may vary according to the size of the emission source
(ii)Date of commissioning of new or existing facilities.
(iii)The time required to adopt the best available technology.
(iv) The consumption and nature of raw materials used in the production process and the efficiency of energy use.
(v) The need to prevent or minimize the overall environmental impact of the emissions involved and the risk they pose to the environment.
(vi) The need to prevent accidents and minimize their adverse consequences on the environment
(vii) The need to ensure occupational health and safety in the workplace
(viii) comparable production processes, facilities or operating methods that have been successfully tested on an industrial scale.
(ix) Technological advances and changes in scientific knowledge and perceptions.
(b) General emission reduction measures: When considering proposals for the construction of new facilities or major improvements to existing facilities using processes that can emit chemicals listed in this Annex, priority shall be given to alternative processes, technologies or practices that have similar use value but that avoid the formation and release of such chemicals. If such a facility is to be constructed or substantially improved, the following emission reduction measures, in addition to the precautionary measures outlined in Part V.A, may be considered in determining the best available technology.
(i) the use of improved exhaust gas cleaning methods, such as thermal or catalytic oxidation, dust deposition and adsorption, etc.
(ii) Treatment of residues, wastewater, waste and sewage sludge, for example, by thermal treatment or chemical processes that deactivate or detoxify them
(iii) Changes in production processes to achieve emission reduction or elimination, such as gradual conversion to closed systems, etc.
(iv) Changing the design of the production process to improve combustion and prevent the formation of these chemicals through control of parameters such as incineration temperature or residence time.
C. Best Environmental Practices
The Conference of the Parties may develop guidance on best environmental practices.
Annex D.
Information Requirements and Screening Criteria
1. A Party proposing a chemical for listing in Annexes A, B and/or C shall identify the chemical in the manner described in subparagraph (a) and provide information on the chemical and, as appropriate, on its variant products, with reference to the screening criteria listed in subparagraphs (b) through (e).
(a) Identification of the chemical.
(i) Name, including trade, commercial and alias names, Chemical Abstracts numbers, and names named by the International Union of Pure and Applied Chemistry; and
(ii) Structure, and if isomers are present, a detailed description of the isomers, and the structure of the chemical species.
(b) Persistence.
(i)Evidence that the chemical has a half-life greater than two months in water, or six months in soil, or six months in sediment; or
(ii) evidence that the chemical is otherwise sufficiently persistent to warrant consideration for inclusion in the scope of application of this Convention
(c) Bioaccumulation.
(i)Evidence that the chemical has a bioconcentration factor or bioaccumulation factor in aquatic species greater than 5000 or, if bioconcentration factor and bioaccumulation factor data are not available, a logKow value greater than 5
(ii) evidence that the chemical has other causes of concern, such as high BCF values in other species, or is highly toxic or ecotoxic; or
(iii)monitoring data for biota indicate that the chemical has a bioaccumulation potential sufficient to warrant consideration for inclusion in the scope of application of this Convention.
(d)Potential for long-range environmental transport.
(i)The concentration of the chemical measured at a site remote from its source of release is likely to be of concern.
(ii)monitoring data indicate that the chemical has the potential for transfer to an environmental receptor and may have undergone long-range environmental transport via air, water, or migratory species; or
(iii) Environmental fate characteristics and/or modeling results indicate that the chemical has the potential for long-range environmental transport via air, water, or migratory species, and to an environmental receptor far from the source location of the substance release. For chemicals with significant airborne transport, the half-life in air should be greater than two days; and
(e) Adverse effects.
(i)Evidence that the chemical has an adverse effect on human health or on the environment that would justify its inclusion in the scope of application of this Convention; or
(ii) toxicity or ecotoxicity data indicating that the chemical is likely to cause harm to human health or to the environment.
2. The proposing Party shall provide a statement of its reasons for concern, including, as appropriate, a comparison of the toxicity or ecotoxicity data for a chemical with measured or predicted levels of the chemical resulting from long-range environmental transport or expected to result from such transport, and a brief statement of the need for global control.
The proposing Party shall provide, to the extent possible and within its capabilities, additional information to support a review of the proposal referred to in paragraph 6 of Article 8. In developing such proposals, Parties may draw on technical expertise from any source.
Annex E.
Information to be provided in the risk profile
The purpose of the review is to evaluate whether the chemical is likely, as a result of its long-range environmental transport, to lead to significant adverse human health and/or environmental effects such that global action is warranted. To this end, a risk profile should be prepared that further elaborates and evaluates the information described in Annex D, including, to the extent possible, the following categories of information
(a) Sources, including, as appropriate
(i)Production data, including quantities and locations.
(ii)use; and
(iii)emissions, such as discharges, losses and releases.
(b)Hazard assessment of endpoints of concern, including consideration of toxic interactions between multiple chemicals.
(c) Environmental fate, including data and information on the chemical and its physical properties and persistence, and the relationship between these properties and the chemical's environmental transport, transfer within and between environmental compartments, degradation, and transformation into other chemicals. The bioconcentration factor or bioaccumulation factor should be determined from the measured values, except when monitoring data are determined to meet this requirement.
(d) Monitoring data.
(e)Local exposure, particularly as a result of long-range environmental transport, including information on the generatability of organisms.
(f)National and international risk evaluations, assessments or profiles, where feasible, as well as labeling information and hazard classifications; and
(g) the status of the chemical in international conventions.
Annex F.
Information Involving Socioeconomic Considerations
When considering chemicals for inclusion in this Convention, all options for possible control measures, including management and elimination, should be evaluated. To this end, information on the socio-economic aspects of the various possible control measures should be provided to enable the Conference of the Parties to make a decision. Such information shall take due account of the different capabilities and conditions of the Parties and shall include the following indicative elements.
(a) The effectiveness and efficiency of the proposed control measures in achieving the risk reduction objectives.
(i) technical feasibility; and
(ii)Costs, including environmental and health costs.
(b) Alternative means (products and processes).
(i)technical feasibility.
(ii)costs, including environmental and health costs.
(iii)effectiveness.
(iv)risks.
(v)feasibility; and
(vi)accessibility.
(c) Positive and/or negative impacts on society of implementing the proposed control measures on.
(i)Health, including public, environmental and occupational health.
(ii)Agriculture, including aquaculture and forestry.
(iii)Biota (biodiversity).
(iv)economic aspects.
(v)advancement of sustainable development; and
(vi)social costs.
(d)Waste and its disposal implications (in particular the clean-up of obsolete pesticide stocks and contaminated sites).
(i)technical feasibility; and
(ii)costs.
(e)Information access and public education.
(f)the status of control and monitoring capabilities
(g)Any national or regional control actions taken, including information on alternative means and other relevant risk management information.
