On Ratification of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

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Law of the Republic of Kazakhstan dated March 20, 2007 No. 239

To ratify the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, signed in Rotterdam on September 10, 1998.

President of the Republic of Kazakhstan

 ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNATIONAL TRADE

The Parties to this Convention,

Aware of the harmful effects on health and the environment of certain hazardous chemicals and pesticides in international trade, recalling the relevant provisions of the Rio Declaration on Environment and Development and chapter 19 of Agenda 21 on the "environmentally sound management of toxic chemicals, including the prevention of illicit international trafficking in toxic and dangerous products",

Considering the work carried out by the United Nations Environment Programme (UNEP) and the Food and Agriculture Organization of the United Nations (FAO) on the application of the voluntary prior informed consent procedure contained in the amended London Guidelines for the Exchange of Information on Chemicals in International Trade of UNEP (hereinafter referred to as the "amended London Guidelines"), as well as in 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 conditions and special needs of developing countries and countries with economies in transition, especially the need to strengthen national capacities and capacities in the field of chemicals management, including technology transfer, provision of financial and technical assistance and promotion of cooperation between the Parties,

Taking into account the special needs of some countries for transit traffic information,

Recognizing the need to promote the dissemination of chemicals management practices in all countries, taking into account, inter alia, the voluntary standards set out in the International Code of Conduct and the Code of Ethics for International Trade in Chemicals of UNEP,

Desiring to ensure that hazardous chemicals exported from their territories are packaged and labelled in a manner that ensures reliable protection of human health and the environment, consistent with the principles of the amended London Guidelines and the International Code of Conduct,

Recognizing that the main activities in the field of trade and the environment must be mutually reinforcing in order to achieve sustainable development,

Emphasizing that nothing in this Convention shall be interpreted as implying any changes in the rights and obligations of any Party under any existing international agreement applicable to chemicals in international trade or environmental protection,

Aware that the stated part above is not intended to establish a hierarchy between this Convention and other international agreements,

Determined to ensure the protection of human health, including the health of consumers and workers, and the environment from the potentially harmful effects of certain chemicals and pesticides in international trade,

WE HAVE AGREED ON THE FOLLOWING:

 Article 1 Purpose

The purpose of this Convention is to promote the common responsibility and joint efforts of the Parties in international trade in certain hazardous chemicals to protect human health and the environment from potentially harmful effects and to promote their environmentally sound use by facilitating the exchange of information on their properties, consolidating provisions on the implementation at the national level of the decision-making process related to their import and export, and the dissemination of these decisions among the Parties.

 Article 2 Definitions

For the purposes of this Convention:

(a) "Chemical substance" means a substance that exists alone or in a mixture or as part of a preparation and is manufactured industrially or obtained naturally, but does not contain any living organisms. This term covers the following categories: pesticides (including highly hazardous pesticide formulations) and industrial chemicals; (b) "Prohibited chemical" means a chemical whose all uses within one or more categories have been prohibited by a final regulatory action for the protection of human health or the environment. This includes chemicals whose initial use has been refused or which have been withdrawn by industry either from domestic sale or from further consideration for sale in that country, and there is clear evidence that such measures have been taken to protect human health or the environment.; (c) "Severely restricted chemical" means a chemical whose virtually any use within one or more categories has been prohibited by a final regulatory action for the protection of human health or the environment, but for which certain specific uses are nevertheless permitted. This includes chemicals that have been refused permission for almost all uses or have been withdrawn by industry, either from domestic sale or from further consideration for sale in that country, and there is clear evidence that such measures have been taken to protect human health or the environment. Wednesday; (d) "Highly hazardous pesticide formulation" means a chemical prepared for use as a pesticide that causes serious effects on human health or the environment observed within a short period of time after single or repeated exposure under the conditions of its use; (e) "Final regulatory action" means a decision issued by a Party that does not require a subsequent regulatory action, the purpose of which is to ban or severely restrict a chemical substance.; (f) "Export" and "import" mean, within their respective meanings, the movement of a chemical substance from one Party to another, excluding purely transit operations; (g) "Party" means a State or regional economic integration organization that is bound by the obligations of this Convention and for which this Convention has entered into force.; (h) "Regional economic integration organization" means an organization established by sovereign States of a region entrusted by its member States with matters governed by this Convention and 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) Prohibited or severely restricted chemicals; and (b) highly hazardous pesticide formulations. 2. This Convention does not apply to: (a) Narcotic drugs and psychotropic substances; (b) Radioactive materials; (c) Waste; (d) Chemical weapons; (e) Pharmaceuticals, including human medicines and veterinary products; (f) Chemicals used as food additives; (g) Foodstuffs; (h) Chemicals in quantities where they are unlikely to have an adverse effect on human health or the environment, provided that they are imported: (i) for research or analysis purposes; or (ii) by individuals for personal use in quantities reasonable for that type of use.

 Article 4 Designated national authorities

1. Each Party shall designate one or more national authorities that are authorized to act on its behalf in the performance of administrative functions provided for in this Convention. 2. Each Party shall endeavour to ensure that such body or bodies have sufficient resources to carry out their tasks effectively. 3. Each Party shall, no later than the date of entry into force of this Convention for it, inform the secretariat of the name and address of such body or bodies. It shall immediately notify the secretariat of any changes regarding the name or address of such body or bodies. 4. The Secretariat shall immediately inform the Parties of the notifications it receives in accordance with paragraph 3.

 Article 5 Procedures for prohibited or severely restricted chemicals

1. Each Party that has adopted a final regulatory action shall send a written notification of such action to the Secretariat. Such notification shall be sent as soon as possible, and in any case not later than ninety days after the date of entry into force of the final regulatory action, and shall contain the information required in accordance with annex I, if any. 2. Each Party, on the date of entry into force of this Convention for it, shall notify the secretariat in writing of the final regulatory actions in force at that time, with the exception of all those Parties that have submitted notifications of final regulatory actions in accordance with the amended London Guidelines or the International Code of Conduct, which should not resubmit such notifications. 3. The Secretariat shall determine as soon as possible and in any case no later than six months after receiving the notification in accordance with paragraphs 1 and 2 whether the notification contains the information required in accordance with annex I. If the notification contains the necessary information, the secretariat will immediately send a summary of the information received to all Parties. In the event that the notification does not contain the required information, he/she will inform the notifying Party accordingly. 4. The Secretariat shall send to the Parties every six months a brief overview of the information received in accordance with paragraphs 1 and 2, including information concerning those notifications that do not contain all the information required under annex I. 5. After the secretariat has received at least one notification from each of the two regions applying the prior informed consent procedure regarding a specific chemical that it verifies meets the requirements of Annex I, it shall forward them to the Chemical Review Committee. The composition of the regions covered by the prior informed consent procedure is determined 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 under such notifications and, in accordance with the criteria set out in Annex II, make a recommendation to the Conference of the Parties on whether the chemical in question should be subject to the prior informed consent procedure and, accordingly, be included in Annex III.

 Article 6 Procedures related to particularly dangerous pesticide formulations

1. Any Party that is a developing country or a country with an economy in transition and is experiencing problems caused by a particularly dangerous pesticide formulation under the existing conditions of its use in its territory may invite the Secretariat to include this dangerous pesticide formulation in Annex III. When preparing a proposal, a Party may rely on technical expert data from any relevant source. This proposal should contain the necessary information provided for in part 1 of annex IV. 2. The secretariat shall verify the availability of the information required in accordance with part 1 of annex IV as soon as possible, but in any case not later than six months after receiving the proposal referred to in paragraph 1. If the proposal contains the required information, the secretariat will immediately send a summary of the information received to all Parties. If there is no such information in the proposal, he informs the proposing Party about it. 3. The secretariat is collecting additional information, as defined in part 2 of annex IV, in relation to the proposal submitted in accordance with paragraph 2.4. Once the requirements set out in paragraphs 2 and 3 above for a specific highly hazardous pesticide formulation have been met, the secretariat will forward the proposal and relevant information to the Chemical Review Committee. 5. The Chemical Review Committee reviews the information contained in the proposal and the additional information collected and, in accordance with the criteria defined in part 3 of Annex IV, makes a recommendation to the Conference of the Parties on the need to include this particularly dangerous pesticide formulation in the framework of the prior informed consent procedure and, accordingly, 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 inclusion in Annex III, it prepares a draft decision guidance document. The decision guidance document should, at a minimum, be based on the information listed in annex I or, as appropriate, in annex IV, and include information on the uses of the chemical in a category other than the category to which the final regulatory action applies. 2. The recommendation referred to in paragraph 1 and the draft decision guidance document are sent to the Conference of the Parties. The Conference of the Parties decides whether the chemical should be covered by the prior informed consent procedure and included in Annex III accordingly, and approves a draft decision guidance document. 3. When the decision to list a chemical in Annex III has been taken and the relevant decision guidance document has been approved by the Conference of the Parties, the secretariat shall immediately disseminate this information to all Parties.

 Article 8 Chemicals covered by the voluntary prior informed consent procedure

For any chemical other than a chemical listed in Annex III that was covered by a voluntary prior informed consent procedure prior to 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 its The changes to this application have been completed.

 Article 9 Withdrawal of chemicals from Annex III

1. If a Party provides the Secretariat with information that was not available at the time of the decision to list a chemical in Annex III and this information indicates that its inclusion can no longer be considered justified according to the criteria in Annex II or, as appropriate, in Annex IV, the secretariat shall forward this information to the Review Committee. chemicals. 2. The Chemical Review Committee shall review the information it receives in accordance with paragraph 1. For each chemical for which the Chemical Review Committee decides, according to the relevant criteria in annex II or, as appropriate, in annex IV, to recommend it for withdrawal from Annex III, it shall prepare a revised draft decision guidance document. 3. The recommendation referred to in paragraph 2 shall be forwarded to the Conference of the Parties and accompanied by a revised draft decision guidance document. The Conference of the Parties shall decide whether to remove the chemical from Annex III and approve the revised draft decision guidance document. 4. Once the Conference of the Parties has decided to remove a chemical from Annex III and approved a revised decision guidance document, the secretariat immediately transmits this information to all Parties.

 Article 10 Obligations regarding the import of chemicals included in Annex III

1. Each Party shall implement legislative or administrative measures to ensure timely decisions regarding the import of chemicals included in Annex III. 2. Each Party shall send to the Secretariat, as soon as possible, but in any case no later than nine months after the date of transmission of the decision guidance document referred to in paragraph 3 of Article 7, a response regarding its upcoming import of the chemical. If a Party makes changes to the response, it shall immediately submit the revised response to the Secretariat. 3. After the expiration of the period specified in paragraph 2, the Secretariat shall immediately send a written request to the Party that has not provided such a response. If a Party is unable to provide a response, the secretariat, as appropriate, shall assist it in providing a response within the time limit specified in the last sentence of paragraph 2 of Article 11.4. The response provided for in paragraph 2 shall be submitted in one of the following forms:: (a) A final decision taken pursuant to legislative or administrative measures: (i) to allow imports; (ii) not to allow imports; or (iii) to allow imports only under specific conditions; or (b) An interim response, which may include: (i) A preliminary decision authorizing imports with or without specific conditions, or not allowing imports during an interim period; (ii) A statement that a final decision is under active discussion; (iii) a request for additional information addressed to the secretariat or the Party that notified the final regulatory action; (iv) a request to the secretariat for assistance in conducting an assessment of the chemical. 5. The responses given in paragraph 4 (a) or (b) relate to the category or categories defined for chemicals included in Annex III. 6. The final decision should be accompanied by a statement of any legislative or administrative measures on which it is based. 7. Each Party shall, no later than the date of entry into force of this Convention for it, send replies to the Secretariat in respect of each chemical listed in Annex III. A Party that has submitted such responses in accordance with the amended London Guidelines or the International Code of Conduct should not resubmit these responses. 8. Each Party, in accordance with its legislative or administrative measures, shall bring its responses submitted in accordance with the provisions of this article to the attention of interested persons under its jurisdiction. 9. A Party that, in accordance with paragraphs 2 and 4 above and paragraph 2 of Article 11, decides not to allow the import of a chemical or to allow the import only under certain conditions, if it has not yet done so, at the same time prohibits or establishes similar conditions.: a) to import this chemical from any source; and (b) with respect to its domestic production for domestic use. 10. The Secretariat informs all Parties about the responses it has received once every six months. This information includes information about the legislative or administrative measures on which the decisions are based, if any. In addition, the secretariat informs the Parties of any cases of non-response.

 Article 11 Obligations regarding the export of chemicals included in Annex III

1. Each exporting Party: (a) Implement appropriate legislative or administrative measures to notify interested entities under its jurisdiction of the responses provided by the secretariat in accordance with paragraph 10 of article 10; (b) Adopt appropriate legislative or administrative measures to ensure that exporters under its jurisdiction comply with the decisions contained in each of these responses, no later than six months after the date on which the secretariat first informs the Parties of such a response in accordance with paragraph 10 of Article 10; (c) Provides advisory services and assistance to importing Parties, upon their request and as appropriate: (i) In obtaining additional information to facilitate Parties to take a decision in accordance with paragraph 4 of Article 10 and paragraph 2 (c) below; and (ii) to enhance their existing capabilities and capacities for the safe management of chemicals during their shelf life. 2. Each Party shall ensure that the chemical listed in Annex III is not exported from its territory to any importing Party that, due to exceptional circumstances, has not sent a response or an interim response that does not contain a preliminary decision, except in cases where: (a) it is a chemical that, at the time of the importation is registered in the importing Party as a chemical substance; (b) It is a chemical for which information is available indicating that it has previously been used in or imported into the territory of the importing Party and for which no regulatory measures have been taken to prohibit its use; or (c) explicit consent has been requested and obtained by the exporter through the designated national authority of the importing Party for the implementation of the import supply. The importing Party shall send a response to such a request within 60 days and immediately notify the secretariat of its decision. The obligations of exporting Parties under this paragraph shall apply from the date of expiry of a period of six months from the date on which the Secretariat first informed the Parties in accordance with paragraph 10 of Article 10 that the Party had not sent a response or had sent an interim response without a preliminary decision, and shall be valid for one year.

 Article 12 Export notification

1. In the event that a chemical prohibited or strictly restricted by a Party is exported from its territory, that Party shall send an export notification to the importing Party. The export notification includes the information reflected in appendix V. 2. The export notification is submitted in respect of the chemical before the first export shipment after the adoption of the relevant final regulatory decision. Subsequently, the export notification is sent before the first export delivery for any calendar year. The requirement for notification prior to export may be waived by the designated national authority of the importing Party. 3. The exporting Party shall send an updated export notification after it has adopted a final regulatory action, which results in changes regarding the prohibition or strict restriction of the chemical. 4 The importing Party confirms receipt of the first export notification received after the adoption of the final regulatory decision. If the exporting Party does not receive confirmation within 30 days after sending the export notification, it will send a second export notification. The exporting Party shall make sufficient efforts to ensure that the second notification is received by the importing Party. 5. The obligations of a Party defined in paragraph 1 cease to apply when: (a) the chemical has been included in Annex III; (b) the importing Party has submitted a response with respect to the chemical to the Secretariat in accordance with paragraph 2 of Article 10.; and (c) The secretariat distributed the response to the Parties in accordance with paragraph 10 of Article 10.

 Article 13 Accompanying information on the export of chemicals

1. The Conference of the Parties recommends that the World Customs Organization assign specific Customs codes under the Harmonized System to each of the chemicals or each group of chemicals included in Annex III, as appropriate. In all cases where such a chemical has been assigned an appropriate code, each Party requires that, when exporting the chemical, this code be indicated in the accompanying document. 2. Without prejudice to any requirements of the importing Party, each Party shall require that, when exporting both chemicals included in Annex III and substances that are prohibited or severely restricted in its territory, labeling requirements are followed to ensure that sufficient information is available on risks and/or hazards to human health or the environment in order to taking into account relevant international standards. 3. Without prejudice to any requirements of the importing Party, each Party may require that, when exporting chemicals for which environmental or medical labeling requirements apply in its territory, labeling requirements are followed to ensure that sufficient information is available on risks and/or hazards to human health or the environment, taking into account the relevant international standards. 4. With respect to the chemicals referred to in paragraph 2, which are intended for professional use, each exporting Party requires that a safety data form, which must conform to an internationally recognized format and contain the most up-to-date information, be sent to each importer. 5. The information on the labeling label and in the form of safety data should be provided, as far as practicable, in one or more official languages of the importing Party.

 Article 14 Exchange of information

1. The Parties shall, as appropriate and in accordance with the objectives of this Convention, promote: (a) the exchange of scientific, technical, economic and legal information related to chemicals within the scope of this Convention, including information of a toxicological and ecotoxicological nature, as well as information related to safety; (b) the provision of publicly available information on national regulatory decisions relevant to the implementation of the objectives of this Convention; and (c) To provide, as appropriate, information to other Parties, directly or through the secretariat, on internal regulatory measures that significantly limit one or more uses of the chemical. 2. The Parties exchanging information pursuant to this Convention shall ensure the protection of any confidential information on a reciprocal basis. 3. For the purposes of this Convention, the following information is not considered confidential: (a) The information referred to in annexes I and IV submitted pursuant to articles 5 and 6, respectively; (b) The information contained in the form of safety data referred to in paragraph 4 of Article 13; (c) The shelf life of the chemical; (d) Information on precautionary measures, including the degree of danger, the nature of the risk and related safety recommendations; and (e) a summary of the results of toxicological and ecotoxicological checks. 4. For the purposes of this Convention, the release date of a chemical is not normally considered confidential information. 5. Any Party that requires information on transit movements of chemicals included in Annex III through its territory shall inform the Secretariat of this need, 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 include, as appropriate, the adoption or amendment of national legislation or administrative actions, and may also include: (a) The establishment of national registers and databases containing safety-related information on chemicals.; (b) Encouraging industry initiatives to promote chemical safety; and (c) facilitating the conclusion of voluntary agreements, taking into account the provisions of article 16.2. Each Party shall ensure, as far as practicable, that the public has adequate access to information on the handling of chemicals and measures in the event of accidents 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. None of the provisions of this Convention shall be interpreted as limiting the right of the Parties to take more stringent measures than those provided for in this Convention aimed at ensuring the protection of human health and the environment, provided that these measures comply with the provisions of this Convention and international law.

 Article 16 Technical assistance

The Parties, taking into account, in particular, the needs of developing countries and countries with economies in transition, shall cooperate in expanding technical assistance to develop the necessary infrastructure and capacity in the field of the rational use of chemicals for the implementation of this Convention. Parties with improved chemicals management programmes should provide technical assistance, including training, to other Parties in developing their infrastructure and capacity for the sound management of chemicals throughout their life cycle.

 Article 17 Non-compliance

The Conference of the Parties shall, as soon as practicable, develop and approve procedures and organizational mechanisms for determining non-compliance with the provisions of this Convention and taking action against Parties found to be in non-compliance with these provisions.

 Article 18 Conference of the Parties

1. The 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, regular meetings of the Conference of the Parties shall be convened at intervals to be determined by the Conference. 3. Extraordinary meetings of the Conference of the Parties shall be convened when the Conference may deem it necessary, or at the written request of any Party, provided that this request is supported by at least one third of the Parties. 4. The Conference of the Parties, at its first meeting, shall by consensus agree on and adopt rules of procedure and financial rules for both its own and any subsidiary bodies, as well as financial regulations governing the functioning of the secretariat. 5. The Conference of the Parties shall continuously monitor and evaluate the implementation of this Convention. It shall perform the functions assigned to it by the Convention and, to this end: (a) establish, in addition to what is provided for in paragraph 6 below, such subsidiary bodies as it deems necessary for the implementation of the Convention; (b) cooperate, as appropriate, with competent international organizations and intergovernmental and non-governmental bodies; and (c) consider and Shall take any additional measures that may be necessary to ensure the achievement of the objectives of this Convention. 6. The Conference of the Parties, at its first meeting, shall establish a subsidiary body, to be called the Chemical Review Committee, to carry out the functions assigned to that Committee under this Convention. In this regard: (a) The members of the Chemical Review Committee shall be appointed by the Conference of the Parties. The Committee consists of a limited number of Government-appointed experts in the field of chemicals management. The members of the Committee shall be appointed on the basis of equitable geographical distribution, taking into account, inter alia, a balanced representation of developed and developing country Parties; (b) The Conference of the Parties shall decide on the terms of reference, organization of work and functioning of the Committee; (c) The Committee shall take all necessary measures to make its recommendations by consensus. If all possibilities for reaching consensus have been exhausted and no consensus has been reached, such a recommendation, as a last resort, shall 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 other bodies or institutions, national or international, governmental or non-governmental, with expertise in areas within the scope of the Convention, which have notified the secretariat of their desire to be represented at the meeting of the Conference of the Parties as observers, may be allowed to participate in it, unless at least one third object to it. those present at the meeting of the Parties. The admission and participation of observers are governed by the rules of procedure adopted by the Conference of the Parties.

 Article 19 The Secretariat

1. The secretariat is hereby established. 2. The following functions are assigned to the secretariat: (a) Organizing and servicing meetings of the Conference of the Parties and its subsidiary bodies, as required; (b) Facilitating assistance to Parties, particularly developing country Parties and Parties with economies in transition, upon request, in the implementation of this Convention; (c) Ensuring the necessary coordination with the secretariats of other relevant international organizations. organs; (d) The conclusion, under the general guidance of the Conference of the Parties, of such administrative and contractual arrangements as may be necessary for the effective performance of its functions; and (e) the performance of other secretariat functions provided for in this Convention and such other functions as may be determined by the Conference of the Parties. 3. The secretariat functions under this Convention shall be performed jointly by the Executive Director of UNEP and the Director-General of FAO, subject to such arrangements as may 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 assign the secretariat functions to one or more other competent international organizations if it concludes that the secretariat mechanism is not functioning appropriately as intended.

 Article 20 Dispute settlement

1. The Parties shall settle any disputes arising between them concerning the interpretation or application of this Convention through negotiations or any other peaceful means of their choice. 2. Upon ratification, acceptance, approval or accession to this Convention, or at any time thereafter, a Party that is not a regional economic integration organization may submit to the Depositary a written declaration stating that, in any dispute concerning the interpretation or application of the Convention, it recognizes one or both of the following means of dispute settlement in respect of any Party that has made the same commitment: (a) Arbitration proceedings, as soon as practicable, in accordance with the procedures, to be adopted by the Conference of the Parties in the annex; and (b) referral of the dispute to the International Court of Justice. 3. A Party that is a regional economic integration organization may make a declaration of a similar nature with respect to arbitration in accordance with the procedure referred to in paragraph 2 (a). 4. A declaration made in accordance with paragraph 2 shall remain in force until its validity expires in accordance with the terms of that declaration or until three months after the written notification of its withdrawal has been deposited with the Depositary. 5. The expiration of an application, a notice of withdrawal, or a new such application shall in no way affect cases pending before the arbitral tribunal or the International Court of Justice, unless the parties to the dispute agree otherwise. 6. If the parties to the dispute, in accordance with paragraph 2, have not accepted the same or any of the procedures and if, after twelve months from the notification by one party to the other party that a dispute has arisen between them, the Parties have not been able to resolve their dispute, this dispute shall, at the request of either party to the dispute, be referred to the conciliation commission. The Conciliation Commission submits a report with recommendations. Additional procedures concerning 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. Any Party may propose amendments to this Convention. 2. Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. The text of any proposed amendment shall be sent by the secretariat to the Parties no later than six months before the meeting at which it is proposed for adoption. The secretariat shall also forward the text of the proposed amendment to the signatory countries and to the Depositary for information. 3. The Parties shall make every effort to reach agreement on the adoption of any proposed amendment to this Convention by consensus. If all means to reach consensus have been exhausted and no agreement has been reached, the amendment shall be adopted as a last resort by a three-fourths majority vote of the Parties present and voting. 4. The amendment shall be sent by the Depositary to all Parties for ratification, acceptance or approval. 5. Written notifications of ratification, acceptance or approval of the amendment shall be sent to the Depositary. An amendment adopted in accordance with paragraph 3 shall enter into force for those Parties that have accepted it on the ninetieth day after the deposit of an instrument of ratification, acceptance or approval by at least three quarters of the Parties. Thereafter, the amendment shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, acceptance or approval of the amendment.

 Article 22 Adoption and amendment of annexes

1. The annexes to this Convention are an integral part of it and, unless expressly provided otherwise, a reference to this Convention constitutes at the same time a reference to any annexes thereto. 2. Applications are limited to procedural, scientific, technical, or administrative matters. 3. The following procedure applies for the proposal, adoption and entry into force of additional annexes to this Convention: (a) Additional annexes shall be proposed and adopted in accordance with the procedure set out in paragraphs 1, 2 and 3 of article 21; (b) Any Party that is unable to accept the additional annex shall notify the Depositary thereof in writing within one year from the date of notification by the Depositary of the acceptance of such additional annex. The Depositary shall immediately notify all Parties of any such notification received by it. Any Party may at any time withdraw a previously submitted statement of objection to any additional annex, after which the annex shall enter into force for that Party, subject to subparagraph (c) below.; and (c) Upon the expiration of one year from the date of notification by the Depositary of the acceptance of the additional annex, this 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 governed by a procedure similar to that established 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 in accordance with the procedure set out in Articles 5-9 and paragraph 2 of Article 21; (b) The Conference of the Parties shall take its decisions on adoption by consensus; (c) The Depositary shall promptly inform the Parties of the decision, concerning the amendment of annex III. Amendments shall enter into force for all Parties starting from the date specified in the decision. 6. If an additional annex or an amendment to an annex is related to an amendment to this Convention, such additional annex or amendment shall enter into force only after the amendment to this Convention enters into force.

 Article 23 Voting

1. Except as provided in paragraph 2 below, each Party to this Convention shall have one vote. 2. A regional economic integration organization, in 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 does not exercise its right to vote if its member States exercise their right to vote, and vice versa. 3. For the purposes of this Convention, "Parties present and voting" means Parties present and voting for or against.

 Article 24 Signature

This Convention shall be open for signature by all States and regional economic integration organizations in Rotterdam from 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 is subject to ratification, acceptance or approval by States and regional economic integration organizations. It is open for accession by States and regional economic integration organizations starting from the day following the date of closing of the Convention for signature. The 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, while none of its member States is a Party, is bound by all obligations arising from the Convention. In the event that one or more member States of such an organization are Parties to the Convention, that organization and its member States shall decide on their respective responsibilities to fulfill their obligations under the Convention. In such cases, the organization and its member States cannot simultaneously exercise the rights arising from this Convention. 3. In its instrument of ratification, acceptance, approval or accession, the regional economic integration organization declares the scope of its competence with respect to matters governed by this Convention. Any such organization shall also notify the Depositary, who, in turn, shall inform the Parties of any relevant change in the scope 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, approves or accedes to this Convention after the deposit of the fiftieth instrument of ratification, acceptance, approval or accession, the Convention enters into force on the ninetieth day after the 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 document deposited by a regional economic integration organization shall not be considered as additional to those deposited by the member States of that organization.

 Article 27 Reservations

No reservations to this Convention are permitted.

 Article 28 Withdrawal

1. At any time after three years from the date of entry into force of this Convention for any Party, that Party may withdraw from the Convention by giving written notification to the Depositary. 2. Any such withdrawal shall take effect one year after the date of receipt by the Depositary of the notification or at such later date as may be specified in the notification of withdrawal.

 Article 29 The 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 thereto, have signed this Convention.

Done at Rotterdam on the tenth day of September, one thousand nine hundred and ninety-eight.

 Annex I REQUIREMENTS REGARDING INFORMATION CONTAINED IN IN NOTIFICATIONS SUBMITTED IN ACCORDANCE WITH WITH ARTICLE 5

The notifications include the following information: 1. Properties, identification, and uses: a) a common name; b) a chemical name within an internationally recognized nomenclature (for example, the International Union of Pure and Applied Chemistry (IUPAC), where such a nomenclature exists; c) trade names and names of formulations; d) code numbers: numbers of the Chemical Analytical Review Service (CAS), an agreed system of customs codes and other numbers; (e) Information on hazard classification in cases where the chemical meets the classification requirements; (f) Type or uses; (g) physico-chemical, toxicological and ecotoxicological properties. 2. Final regulatory action (a) Information regarding the final regulatory action: i) a summary of the final regulatory action; ii) a link to the regulatory document; iii) the effective date of the final regulatory action; (iv) A statement on whether a final regulatory action has been taken based on a risk/hazard assessment, and if so, information on such an assessment, including a link to relevant documentation; (v) Reasons for the adoption of a final regulatory action related to human health issues, including the health of consumers and workers, or the environment; (vi) An overview of the hazards and risks to human health, including the health of consumers and workers, or the environment associated with chemicals, and the expected consequences of the final regulatory action; (b) The category or categories of applications for which final regulatory action has been taken, broken down by each category: i) the type or types of use prohibited in accordance with the final regulatory decision; (ii) The type or uses still permitted; (iii) An assessment of the quantities of chemicals produced, imported, exported and used, if any; (c) An indication, if possible, of how relevant the final regulatory action may be to other States and regions.; (d) Any other relevant information that may include the following elements: (i) An assessment of the socio-economic impacts associated with the adoption of the final regulatory action; (ii) Information on alternatives and related risks, if any, such as: - integrated pest control strategies; - production methods and processes, including environmentally friendly technology.

 Annex II CRITERIA FOR THE INCLUSION OF PROHIBITED OR SEVERELY RESTRICTED CHEMICALS IN ANNEX III

When reviewing notifications sent by the secretariat in accordance with paragraph 5 of Article 5, the Chemical Review Committee: a) confirms that the final regulatory action was taken in order to protect human health or the environment; b) establishes that the final regulatory action was taken based on the results of a risk assessment. This assessment should be based on a review of scientific evidence in the context of the prevailing conditions in the Party concerned. For this purpose, it should be clear from the submitted documentation that: (i) The data were obtained using scientifically recognized methods; (ii) data reviews were conducted and documented in compliance with generally recognized scientific principles and procedures; (iii) The final regulatory action is based on the results of a risk assessment, taking into account prevailing conditions in the Party adopting the decision.; (c) Determines whether the final regulatory action provides a broad enough basis for listing the chemical in Annex III, taking into account the following: (i) Whether the adoption of the final regulatory action has resulted or is expected to result in a significant reduction in the consumption of the chemical or the number of its uses; (ii) Whether the final regulatory action has resulted in an actual reduction or, as expected, a significant reduction in the risk to human health or the environment in the Party that submitted the notification; (iii) Whether the considerations that served as the basis for the final regulatory action are applicable only in a limited geographical area or in other limited circumstances; (iv) Whether there is evidence of continued trade in this chemical internationally; (d) Takes into account that deliberate misuse is not in itself sufficient grounds for listing the chemical in Annex III.

 Annex III CHEMICALS AFFECTED BY PRIOR INFORMED CONSENT PROCEDURES

Chemical substance

Relevant(s) CAS number(s)