On the ratification of the Stockholm Convention on Persistent Organic Pollutants
Law of the Republic of Kazakhstan dated June 7, 2007 No. 259
To ratify the Stockholm Convention on Persistent Organic Pollutants, signed in Stockholm on May 22, 2001.
President of the Republic of Kazakhstan
STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS
The Parties to this Convention,
Recognizing that persistent organic pollutants have toxic properties, exhibit resistance to decomposition, are bioaccumulative and are subject to transboundary transport by air, water and migratory species, as well as are deposited at a great distance from their source of release, accumulating in terrestrial and aquatic ecosystems, aware of concerns about human health, especially in developing countries due to the fact that the local population is exposed to persistent organic pollutants, In particular, this is evident in the case of women, and through them it is passed on to subsequent generations, recognizing that Arctic ecosystems and indigenous communities are in particular danger as a result of the bio-amplification of exposure to persistent organic pollutants, as well as that contamination of traditional food products they use is a public health issue, recognizing the need for global action against persistent organic pollutants., Bearing in mind decision 19/13 C of the Governing Council of the United Nations Environment Programme of 7 February 1997 on the initiation of international actions to protect human health and the environment based on measures that will reduce and/or eliminate emissions and discharges of persistent organic pollutants, recalling the relevant provisions of relevant international environmental conventions, Especially the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, as well as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, including regional agreements developed under its article 11, recalling also the relevant provisions of the Rio Declaration on the Environment and development and the Agenda for the 21st Century, recognizing , That precautionary measures are the basis of the concerns of all Parties and are enshrined in this Convention, Recognizing that this Convention and other international agreements in the field of trade and the environment are mutually reinforcing, Reaffirming that States, in accordance with the Charter of the United Nations and the principles of international law, have the sovereign right to develop their own resources in accordance with through their environmental and development policies, and are responsible for ensuring that, to ensure that activities carried out within their jurisdiction or under their control do not damage the environment of other States or areas outside their national jurisdiction, taking into account the conditions and special needs of developing countries, and especially the least developed among them, as well as countries with economies in transition, in particular the need to expand their national opportunities in the field of chemicals management, including through technology transfer, provision of financial and technical assistance, and facilitating cooperation between the Parties, Taking fully into account the Programme of Action for the Sustainable Development of Small Island Developing States, adopted in Barbados on 6 May 1994, noting the respective capacities of developed and developing countries, as well as the common but different responsibilities of States, as set out in Principle 7 of the Rio Declaration on Environment and Development Recognizing that important contribution, what the private sector and non-governmental organizations can contribute to reducing and/or eliminating emissions and discharges of persistent organic pollutants, emphasizing the importance of manufacturers of persistent organic pollutants taking responsibility for reducing the harmful effects of their products and providing consumers, Governments and the public with information about the harmful properties of such chemicals., Recognizing the need to take measures to prevent the harmful effects of persistent organic pollutants at all stages of their life cycle, reaffirming Principle 16 of the Rio Declaration on Environment and Development, which states that national authorities should strive to promote the internalization of environmental costs and the use of economic means, taking into account the approach that the polluter should in principle, to cover the costs associated with pollution, Taking due account of the public interest and without disrupting international trade and investment, encouraging Parties that do not have programmes for the regulation and assessment of pesticides and industrial chemicals to develop such programmes, recognizing the importance of developing and using environmentally sound alternative processes and chemicals, determined to ensure the protection of human health and the environment from harmful effects persistent organic pollutants,
We have agreed on the following :
Article 1 Goal
Taking into account the precautionary principle enshrined in Principle 15 of the Rio Declaration on Environment and Development, the purpose of this Convention is to protect human health and the environment from persistent organic pollutants.
Article 2 Definitions
For the purposes of this Convention: (a) "Party" means a State or regional economic integration organization that has consented to be bound by this Convention and for which this Convention has entered into force.; (b) "Regional economic integration organization" means an organization established by the 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; (c) ""Parties present and voting" means Parties present and voting for or against.
Article 3 Measures to reduce or eliminate emissions from deliberate production and use
1. Each Party shall: (a) prohibit and/or take the legal and administrative measures necessary to eliminate: (i) its production and use of chemicals listed in Annex A, in accordance with the provisions of that annex; and (ii) its import and export of chemicals listed in Annex A, in accordance with the provisions of paragraph 2; and (b) limits its production and use of chemicals listed in Annex B in accordance with the provisions of that annex. 2. Each Party shall take measures to ensure that: (a) a chemical listed in Annexes A or B is imported only: (i) for the purpose of environmentally sound disposal, as specified in paragraph 1 (d) of Article 6; or (ii) for use or purposes authorized for that Party in accordance with Annexes A or in; (b) A chemical listed in Annex A, for any production or use of which a specific exemption applies, or a chemical listed in Annex B, for the purpose of any production or specific use exception of which it is acceptable, has been exported, subject to any existing relevant international prior informed consent procedures, only: (i) for the purpose of environmentally sound disposal, as specified in paragraph 1 (d) of Article 6; (ii) To the Party authorized to use the chemical in accordance with Annexes A or B; or (iii) to a State not Party to this Convention that has submitted an annual certificate to the exporting Party. Such a certificate defines the intended use of the chemical and includes a statement with respect to such a chemical stating that the importing State undertakes to: a. protect human health and the environment by taking the necessary measures to minimize or prevent emissions; b. comply with the provisions of paragraph 1 of Article 6; and c. where appropriate, comply with the provisions of paragraph 2 of Part II of Annex B. Such a certificate also includes any relevant supporting documentation, such as legislative acts, regulatory documents, or administrative or policy guidance. The exporting Party shall send this certificate to the secretariat within sixty days of its receipt.; (c) A chemical listed in Annex A, for any production and use of which specific exemptions no longer apply to all Parties, has not been exported to it except for the purposes of environmentally sound disposal, as specified in paragraph 1 (d) of Article 6.; (d) For the purposes of this paragraph, the term "State not Party to this Convention" includes, with respect to a particular chemical, a State or a regional economic integration organization that has not consented to be bound by the provisions of this Convention with respect to that chemical. 3. Each Party with one or more regulatory and evaluation programmes for new pesticides or new industrial chemicals shall take regulatory measures to prevent the production and use of new pesticides or new industrial chemicals that, taking into account the criteria listed in paragraph 1 of Annex D, exhibit the characteristics of persistent organic pollutants. 4. Each Party with one or more regulatory and assessment programmes for pesticides or industrial chemicals, where appropriate, shall take into account, within these programmes, the criteria listed in paragraph 1 of Annex D when conducting assessments for pesticides or industrial chemicals currently in use. 5. Unless otherwise provided in this Convention, paragraphs 1 and 2 do not apply to volumes of chemicals to be used in laboratory-scale research, as well as as a reference standard. 6. Any Party subject to a specific exemption in accordance with Annex A or a specific exemption or acceptable purpose in accordance with Annex B shall take appropriate measures to ensure that any production or use under such exemption or purpose is carried out in a manner that prevents or minimizes human exposure and emissions to the environment. For uses that are covered by an exception or an acceptable purpose and involve deliberate release into the environment under normal use conditions, such emissions should be minimized as much as possible, taking into account any applicable regulations and guidelines.
Article 4 Register of specific exceptions
1. A Register is hereby established for the purpose of identifying Parties that have specific exceptions listed in Annexes A or B. It does not identify the Parties that use the provisions of Annexes A or B, which can be implemented by all Parties. The registry is maintained by the secretariat and is open to the public. 2. The Register includes: (a) a list of the types of specific exceptions listed in Annexes A and B; (b) a list of Parties that have a specific exception listed in Annexes A or B.; and (c) A list of the validity periods of each specific exception registered. 3. Any State may, upon becoming a Party, register one or more types of specific exceptions listed in Annexes A or B. 4 by written notification to the Secretariat. In the event that a Party has not indicated an earlier date in the registry, or if the period of validity is not extended in accordance with paragraph 7, any registration of specific exemptions will expire five years after the date of entry into force of this Convention for a particular chemical. 5. At its first meeting, the Conference of the Parties will decide on the process of reviewing the data included in the Register. 6. Before reviewing any data included in the Register, the Party concerned submits a report to the Secretariat explaining the continued need to register this exception. This report is sent by the secretariat to all Parties. The registration review is based on all available information. The Conference of the Parties may then make such recommendations regarding the Party concerned as it deems necessary. 7. At the request of the Party concerned, the Conference of the Parties may decide to extend the validity of a specific exemption for a period of up to five years. In making its decision, the Conference of the Parties shall take due account of the special circumstances of developing country Parties and Parties with economies in transition. 8. Any Party may at any time withdraw the country-specific exclusion input from the Register by notifying the secretariat in writing. This exclusion takes effect on the date specified in the notification. 9. As soon as there is no longer a single Party registered with respect to this type of specific exception, no new registration can be carried out with respect to it.
Article 5 Measures to reduce or eliminate emissions as a result of unintended production
Each Party shall, at a minimum, take the following measures aimed at reducing the cumulative emissions from anthropogenic sources of each of the chemicals listed in Annex C, with a view to their continuous minimization and, where feasible, final elimination: (a) Develop an action plan or, if necessary, a regional or subregional action plan in accordance with within two years after the entry into force of this Convention for that Party and subsequently implements it as an integral part of the implementation plan referred to in Article 7., designed to identify, determine the properties and address emissions of chemicals listed in Annex C, as well as to facilitate the implementation of subparagraphs (b)-(e). The action plan includes the following elements: (i) an assessment of existing and projected emissions, including the development and maintenance of source inventories and an assessment of emissions, taking into account the source categories listed in Annex C; (ii) an assessment of the effectiveness of the Party's laws and policies aimed at regulating such emissions; (iii) Strategies aimed at fulfilling commitments, taking into account the assessments referred to in subparagraphs (i) and (ii); (iv) Measures to promote education, training and awareness-raising on issues related to these strategies; (v) Reviewing every five years the progress of the strategies and their success in meeting commitments Such reviews shall be included in the reports submitted in accordance with article 15; (vi) A timetable for the implementation of the action plan, including the strategies and measures outlined therein.; (b) Promotes the application of available, feasible and practical measures that could operationally ensure either the elimination of the source or a real and significant reduction in emissions; (c) Promote the development and, if deemed necessary, require the use of replacement or modified materials, products and processes to prevent the formation and release of chemicals listed in Annex C, taking into account the general guidance on prevention and reduction measures set out in Annex C, as well as the guidelines that to be adopted in accordance with the decision of the Conference of the Parties; (d) Promote and, in accordance with the timetable for the implementation of its action plan, require the use of the best available techniques for new sources within the source categories that the Party has identified as requiring such measures under its action plan, with particular emphasis at the initial stage on the source categories specified in part II of Annex C. In any case, the requirement to use the best available techniques for new sources within the categories specified in Part II of this annex should be introduced gradually, as far as possible, but no later than four years after the entry into force of the Convention for that Party. With respect to these categories, the Parties shall take into account the general guidelines on measures to prevent and reduce emissions set out in this annex and the guidelines on best available techniques and best environmental practices to be adopted in accordance with a decision of the Conference of the Parties.; (e) Promote, in accordance with its action plan, the application of best available techniques and best environmental practices in relation to: (i) existing sources within the source categories listed in Part II of Annex C and in relation to sources listed in Part III of that annex; and (ii) new sources within the source categories, specified in Part III of Annex C, which were not considered by the Party under subparagraph (d). When using the best available methods and best environmental practices, Parties should take into account the general guidelines on measures to prevent and reduce emissions set out in Annex C and the guidelines on best available methods and best environmental practices to be adopted in accordance with a decision of the Conference of the Parties.; (f) For the purposes of this paragraph and Annex C: (i) "Best available techniques" means the most effective and advanced stage in the development of measures and methods of their application that indicate the practical acceptability of specific methods to provide, in principle, a framework for emission control designed to prevent and, where feasible, generally reduce emissions of chemicals listed in Part I of Annex C and their impact on the environment as a whole. In this regard: (ii) "methods" include both the technology adopted and the way in which installations are designed, built, operated, operated and decommissioned; (iii) "available" methods mean methods available to the operator, as well as those developed on a scale suitable for use in the relevant industrial sector, while economically and technically feasible conditions, taking into account costs and benefits; iv) "best" means the most effective way to achieve a high overall level of environmental protection in general; (v) "Best environmental practices" means the application of the most appropriate combination of environmental management measures and strategies; (vi) "New source" means any source whose construction or significant modifications have begun at least one year after the date: a. entry into force of this Convention for that Party; or b. entry into force for a Party of an amendment to Annex C, when the source becomes subject to the provisions of this Convention only by virtue of this amendment.; (g) Emission limit values or performance standards may be used by a Party to meet best available techniques obligations under paragraph 3.
Article 6 Measures to reduce or eliminate emissions related to stocks and wastes
1. To ensure that stocks consisting of or containing chemicals listed in either Annex A or Annex B and wastes, including products and articles that have become wastes consisting of, containing or contaminated with a chemical listed in Annex A, B or C, are regulated In order to ensure the protection of human health and the environment, each Party shall: (a) Develop appropriate strategies to identify: (i) Stocks consisting of or containing chemicals listed in Annexes A or B; and (ii) Products and articles in use and wastes consisting of, or containing or contaminated with, a chemical listed in Annexes A, B or C; (b) Identify, to the extent possible, stocks consisting of, or containing chemicals listed in Annex A or B on the basis of the strategies specified in subparagraph (a); (c) Ensure, as appropriate, the safe, efficient and environmentally sound management of stocks. Stocks of chemicals listed in Annex A or B, once they are not authorized for use under any specific exception in Annex A or a specific exception or acceptable purpose contained in Annex B, with the exception of stocks authorized for export under paragraph 2 of Article 3, are considered waste and are subject to regulation in accordance with the provisions of subparagraph (d); (d) Take appropriate measures to ensure that such wastes, including products and articles, are: (i) Treated, collected, transported and stored in an environmentally sound manner.; (ii) Be disposed of in such a way that the persistent organic pollutants contained therein are destroyed or irreversibly transformed and do not exhibit the properties of persistent organic pollutants or are disposed of in another environmentally sound manner if destruction or irreversible transformation is not an environmentally preferable option or the content of persistent organic pollutants is low, taking into account international regulations, standards and guidelines, including those, which may be developed in accordance with paragraph 2 and relevant global and regional regimes governing the management of hazardous wastes; (iii) were not permitted to be disposed of in a manner that could lead to recovery, recycling, disposal, direct reuse or alternative uses of persistent organic pollutants; and (iv) were not moved across international borders without consideration international rules, standards and guidelines; (e) Make efforts to develop appropriate strategies to identify sites contaminated with chemicals listed in Annexes A, B or C; in the case of restoration work on these sites, such work should be carried out in an environmentally sound manner; 2. The Conference of the Parties shall cooperate closely with the relevant bodies of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, in particular: (a) establish the levels of destruction and irreversible transformation necessary to ensure that they do not exhibit the properties of persistent organic pollutants, as specified in paragraph 1 of annex D; (b) identify those methods, which she considers to be environmentally sound disposal methods, as described above.; and (c) Work appropriately to establish concentration levels for chemicals listed in Annexes A, B and C to determine low levels of persistent organic pollutants in accordance with paragraph 1 (d) (ii).
Article 7 Implementation plans
1. Each Party shall: (a) develop and strive to implement a plan for the implementation of its obligations under this Convention; (b) transmit its plan of implementation to the Conference of the Parties within two years after the date of entry into force of this Convention for it; and (c) review and update its plan of implementation, as appropriate, on a periodic basis and in accordance with the procedure established by the which will be determined in the decision of the Conference of the Parties. 2. The Parties, where appropriate, cooperate through direct channels or through global, regional and sub-regional organizations and consult with their national stakeholders, including women's organizations and child health groups, to assist in the development, implementation and updating of their implementation plans. 3. The Parties shall seek to use and, if necessary, create the means to include national implementation plans on persistent organic pollutants, where appropriate, in their sustainable development strategies.
Article 8 Listing of chemicals in Annexes A, B and C
1. A Party may submit to the Secretariat a proposal for listing a chemical in Annexes A, B and/or C. The proposal should contain the information specified in appendix D. When submitting a proposal, the Party may be assisted by other Parties and/or the secretariat. 2. The secretariat checks whether the proposal contains the information listed in annex D. If the secretariat considers that the proposal contains the specified information, it will forward it to the Persistent Organic Pollutants Review Committee. 3. The Committee reviews the proposal and uses the selection criteria set out in annex D in a flexible and transparent manner, taking into account all information provided in an integrated and balanced manner. 4. If the Committee considers that it is: (a) Satisfied that the selection criteria have been met, it shall, through the secretariat, forward this proposal and the Committee's assessment to all Parties and observers and invite them to provide the information specified in Annex E.; or (b) In cases where he is not satisfied that the selection criteria have been met, he informs all Parties and observers through the secretariat and submits the proposal and the Committee's assessment to all Parties, and the proposal is rejected. 5. Any Party may resubmit to the Committee a proposal that was rejected by it in accordance with paragraph 4. Upon resubmission, any concerns of that Party may be included in the proposal, as well as the rationale for additional consideration by the Committee. If, after using this procedure, the Committee rejects the proposal again, the Party may challenge the Committee's decision, and the Conference of the Parties shall consider the matter at its next session. The Conference of the Parties may decide, based on the selection criteria set out in Annex D and taking into account the Committee's assessment and any additional information provided by any Party or observer, that the proposal should proceed. 6. If the Committee decides that the selection criteria have been met or the Conference of the Parties has decided that the proposal should proceed, the Committee continues to review the proposal, taking into account any additional relevant information received, and prepares a draft risk profile in accordance with annex E. He provides this draft to all Parties and observers through the secretariat, collects their technical comments and completes the preparation of a risk profile based on these comments. 7. If, on the basis of the risk profile prepared in accordance with Annex E, the Committee concludes that: (a) the chemical may, as a result of its long-range environmental transport, cause serious adverse effects on human health and/or the environment that require global action, the proposal should proceed.. The lack of complete scientific reliability does not prevent the preparation of a risk management assessment. The Committee, through the secretariat, requests information from all Parties and observers regarding the considerations listed in Annex F. It then prepares a risk management assessment, which includes an analysis of possible control measures for the chemical in accordance with this annex; or (b) the proposal should not proceed, it provides, through the secretariat, a risk profile to all Parties and observers and rejects the proposal. 8. With respect to any proposal that has been rejected in accordance with paragraph 7 (b), a Party may request the Conference of the Parties to consider instructing the Committee to request additional information from the proposing Party and other Parties within a period not exceeding one year. At the end of this period, and on the basis of any information received, the Committee will review the proposal again in accordance with paragraph 6 above, as a matter of priority to be determined by the Conference of the Parties. If, after using this procedure, the Committee rejects the proposal again, the Party may challenge the Committee's decision, and the Conference of the Parties shall consider the matter at its next session. The Conference of the Parties may decide, based on the risk profile prepared in accordance with Annex E and taking into account the Committee's assessment and any additional information provided by any Party or observer, that the proposal should proceed. If the Conference of the Parties considers that further consideration of the proposal should be given, then the Committee prepares a risk management assessment. 9. Based on the risk profile referred to in paragraph 6 and the risk management assessment referred to in paragraph 7 (a) or paragraph 8, the Committee makes a recommendation on whether the Conference of the Parties should consider listing the chemical in Annexes A, B and/or C. The Conference of the Parties, taking due account of the recommendations of the Committee, including the lack of scientific certainty, decides on a precautionary basis whether to include the chemical in Annexes A, B and/or C, and determines the appropriate control measures.
Article 9 Exchange of information
1. Each Party shall facilitate or exchange information related to: (a) the reduction or elimination of the production, use and release of persistent organic pollutants; and (b) alternatives to persistent organic pollutants, including information on the risks associated with them, as well as the economic and social costs. 2. The Parties shall exchange the information referred to in paragraph 1 directly with each other or through the secretariat. 3. Each Party shall designate a national focal point for the exchange of such information. 4. The Secretariat serves as a clearing house for information on persistent organic pollutants, including information provided by Parties, intergovernmental organizations and non-governmental organizations. 5. For the purposes of this Convention, information concerning human health and safety and the environment is not considered confidential. The Parties exchanging other information in accordance with this Convention shall ensure the protection of any confidential information on the basis of mutual agreements.
Article 10 Informing, raising awareness and educating the public
1. Each Party shall, within its capabilities, promote and facilitate: (a) awareness-raising among its policy makers and governing bodies on persistent organic pollutants; (b) making available to the public all available information on persistent organic pollutants, taking into account paragraph 5 of Article 9; (c) The development and implementation of educational and public awareness programmes, especially for women, children and the least educated, on persistent organic pollutants, their effects on human health and the environment, and their alternatives; (d) Public participation in issues related to persistent organic pollutants and their effects on human health and the environment, as well as in developing appropriate response measures, including creating opportunities for national contributions to the implementation of this Convention.; (e) Training of workers, scientists, teachers, technical and managerial personnel; (f) the preparation and exchange of educational and public awareness materials at the national and international levels; and (g) the development and implementation of educational and training programmes at the national and international levels. 2. Each Party shall ensure, within its capabilities, that the public has access to the public information referred to in paragraph 1 and that this information is regularly updated. 3. Each Party shall, within its capabilities, encourage industrial and professional users to facilitate and facilitate the provision of the information referred to in paragraph 1 at the national and, where appropriate, sub-regional, regional and global levels. 4. By providing information on persistent organic pollutants and their alternatives, Parties can use safety data forms, reports, media capabilities and other means of communication, and can establish information centers at the national and regional levels. 5. Each Party is positively considering the establishment of mechanisms, such as pollutant release and transfer registers, to collect and disseminate information on estimated annual volumes of chemicals listed in Annexes A, B or C that are released or disposed of.
Article 11 Scientific research, development and monitoring
1. The Parties shall, within their capabilities, promote and/or carry out, at the national and international levels, relevant scientific research, development, monitoring and cooperation on persistent organic pollutants and, where appropriate, their alternatives and potential persistent organic pollutants, in particular on issues such as: (a) Sources and emissions in environment; b) presence, levels in human organisms and the environment, and related trends; c) environmental transference, "fate" and transformation; (d) Impacts on human health and the environment; (e) socio-economic and cultural impacts; (f) reduction and/or elimination of emissions; and (g) standardized methodologies for accounting for sources of origin and analytical methods for measuring emissions. 2. In taking measures pursuant to paragraph 1, the Parties shall, within their capabilities: (a) Ensure, as appropriate, the support and further development of international programmes, networks and organizations whose task is to identify, conduct, evaluate and finance scientific research, data collection and monitoring, taking into account the need to minimize duplication of efforts; (b) Support national and international efforts to enhance national scientific and technological research capabilities, especially in developing countries and countries with economies in transition, and to facilitate access to and exchange of data and analysis; (c) Take into account the needs and requirements of developing countries and countries with economies in transition, in particular in financial and technical means, and cooperate to enhance their capacity to participate in the efforts referred to in subparagraphs (a) and (b) above; (d) Conduct scientific research aimed at mitigating the effects of persistent organic pollutants on reproductive function; (e) regularly and in a timely manner provide the general public with access to the results of their research, development and monitoring activities referred to in this paragraph; and (f) encourage and/or cooperate in the storage and maintenance of information data obtained as a result of scientific research, development and monitoring.
Article 12 Technical assistance
1. The Parties recognize that the provision of timely and appropriate technical assistance in response to requests from developing country Parties and Parties with economies in transition is essential for the successful implementation of this Convention. 2. The Parties shall cooperate in providing timely and appropriate assistance to developing country Parties and Parties with economies in transition to assist them, taking into account their special needs, in developing and strengthening their capacity to meet their obligations under this Convention. 3. In this regard, technical assistance provided by developed country Parties and other Parties, taking into account their capabilities, shall include, respectively and on the basis of mutual agreement, technical assistance for capacity-building in connection with the implementation of obligations under this Convention. Additional guidance in this regard will be provided by the Conference of the Parties. 4. The Parties shall establish mechanisms, as appropriate, to provide technical assistance and enhance technology transfer to developing country Parties and Parties with economies in transition in connection with the implementation of this Convention. These mechanisms include regional and subregional centres for capacity-building and technology transfer to assist developing country Parties and Parties with economies in transition in meeting their obligations under this Convention. Additional guidance in this regard will be provided by the Conference of the Parties. 5. In the context of this article, the Parties shall take fully into account the specific needs and special situations of least developed countries and small island developing States in their technical assistance activities.
Article 13 Financial resources and financing mechanisms
1. Each Party undertakes to provide, within its capabilities, financial support and assistance for those national activities aimed at achieving the objectives of this Convention, in accordance with its national plans, priorities and programmes. 2. The developed country Parties shall provide new and additional financial resources in order to provide the necessary facilities to the developing country Parties and the Parties with economies in transition to cover all agreed additional costs related to the implementation of measures to ensure compliance with their obligations under this Convention, in accordance with the arrangements between the Party- the recipient and the structure involved in the activities of the mechanism referred to in paragraph 6. Other Parties may provide such financial resources on a voluntary basis and based on their capabilities. In addition, contributions from other sources should be encouraged. The fulfillment of these obligations takes into account the need to ensure adequacy, predictability, timely flow of funds and the importance of financial burden-sharing by the contributing Parties. 3. Developed country Parties and other Parties, based on their capabilities and in accordance with their national plans, priorities and programmes, may also provide, and developing country Parties and Parties with economies in transition may receive, financial resources intended to assist them in the implementation of this Convention. through other bilateral, regional, and multilateral sources or channels. 4. The extent to which developing country Parties will effectively implement their obligations under this Convention depends on the effective implementation by developed country Parties of their obligations under this Convention regarding financial resources, technical assistance and technology transfer. The fact that sustainable economic and social development and poverty eradication are the main and most urgent priorities of developing country Parties should be fully taken into account, along with due attention to the need to protect human health and the environment. 5. The Parties shall take fully into account the specific needs and special situations of least developed countries and small island developing States when taking financing measures. 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 the Convention. This mechanism, for the purposes of this Convention, operates under the authority and, accordingly, the guidance of the Conference of the Parties and is accountable to it. Its functioning is entrusted to one or more structures, including existing international structures, in accordance with a decision that may be adopted by the Conference of the Parties. This mechanism may also include other entities involved in providing financial and technical assistance on a multilateral, regional and bilateral basis. Contributions to this mechanism are additional to other financial resources provided to developing country Parties and Parties with economies in transition in accordance with paragraph 2. 7. In accordance with the objectives of this Convention and the provisions of paragraph 6 above, the Conference of the Parties, at its first meeting, shall adopt appropriate guidelines for the mechanism and coordinate with the structure or entities involved in the activities of the financial mechanism measures to implement them. The guidelines relate to aspects such as: (a) setting priorities for policy, strategy and programmatic activities, as well as detailed clear criteria and guidelines for granting the right to access and use financial resources, including monitoring and evaluating the use of these resources on a regular basis; (b) providing a framework or structures for regular reports to the Conference of the Parties on adequate and sustainable financing of activities related to the implementation of the Convention; (c) Promoting approaches, mechanisms and arrangements based on the use of financing from various sources; (d) Schemes to establish predictable and measurable amounts of necessary and available financial resources for the implementation of this Convention, taking into account that the phase-out of persistent organic pollutants may require long-term financing, and the conditions for periodic review of these amounts; and (e) Forms of assistance to stakeholders in assessing needs, providing information on available sources and funding systems in order to facilitate their coordination of efforts. 8. The Conference of the Parties shall, no later than at its second meeting, review, on a regular basis thereafter, the effectiveness of the mechanism established in accordance with 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, and the level of financing, as well as the effectiveness of the organizational structures charged with ensuring the functioning of the financing mechanism. Based on the results of such a review, it shall take appropriate measures, as appropriate, to enhance the effectiveness of the mechanism, including recommendations and guidance on measures to ensure adequate and sustainable financing to meet the needs of Parties.
Article 14 Temporary financing measures
The organizational structure of the Global Environment Facility, operating in accordance with the Document on the Restructuring of the Global Environment Facility on an Interim Basis, acts as the main structure entrusted with the functions of the financial mechanism referred to in Article 13 during the period between the entry into force of this Convention and the first meeting of the Conference of the Parties, or until until the Conference of the Parties decides on the organizational structure designated in accordance with Article 13. The organizational structure of the Global Environment Facility performs these functions by implementing operational measures specifically related to persistent organic pollutants, taking into account that new measures may be required in this area.
Article 15 Submission of information
1. Each Party shall provide the Conference of the Parties with information on the measures it has taken to implement the provisions of this Convention and on the effectiveness of such measures in achieving the objectives of this Convention. 2. Each Party shall provide to the Secretariat: (a) Statistical data on the aggregate volumes of its production, imports and exports of each of the chemicals listed in Annexes A and B, or an actual estimate of such data; and (b) as far as practicable, a list of the States from which it imported each of these substances and the States to which it exported each of these substances. 3. Such information shall be provided at such intervals and in such form as will be determined by the Conference of the Parties at its first meeting.
Article 16 Effectiveness assessment
1. Starting four years after the entry into force of this Convention, and thereafter at intervals determined by the Conference of the Parties, the Conference shall evaluate the effectiveness of this Convention. 2. In order to facilitate such an assessment, the Conference of the Parties, at its first meeting, shall initiate measures to ensure that it provides comparable data on the control of the presence of chemicals listed in Annexes A, B and C and regional and global movement in the environment. These measures are: (a) implemented by Parties on a regional basis, as appropriate, in accordance with their technical and financial capabilities on a regional basis, making maximum use of existing monitoring programmes and mechanisms and encouraging coherence in approaches; (b) may be complemented, if necessary, taking into account regional differences; and their ability to carry out monitoring activities; and (c) Include reporting to the Conference of the Parties on the results of monitoring measures on a regional and global basis at a frequency to be determined by the Conference of the Parties. 3. The assessment referred to in paragraph 1 is based on available scientific, environmental, technical and economic information, including: (a) reports and other monitoring information submitted in accordance with paragraph 2; (b) national reports submitted in accordance with article 15; and (c) Information on non-compliance received in accordance with the procedures established in accordance with article 17.
Article 17 Non-compliance
The Conference of the Parties shall, as soon as possible, develop and approve procedures and organizational mechanisms for determining non-compliance with the provisions of this Convention and the treatment of Parties found to be in non-compliance with the Convention.
Article 18 Dispute settlement
1. In the event of a dispute between the Parties concerning the interpretation or application of this Convention, they shall seek a settlement by negotiation or other peaceful means of their choice. 2. Upon ratification, acceptance, approval or accession to this Convention, or at any time thereafter, any Party that is not a regional economic integration organization may send a written declaration to the Depositary stating that, in respect of any dispute concerning the interpretation or application of this Convention, it recognizes one or both of the following means of dispute settlement as binding on any Party assuming the same obligations: a) arbitration in accordance with the procedures, which should be adopted by the Conference of the Parties as soon as possible and included in an annex; (b) Referral of the dispute to the International Court of Justice. 3. A Party that is a regional economic integration organization may make such a declaration with respect to arbitration in accordance with the procedure specified in paragraph 2 (a). 4. A declaration made in accordance with paragraph 2 or paragraph 3 shall remain in force until the expiration of its validity period in accordance with its terms or for a period of three months after the deposit of a written notification of its cancellation with the Depositary. 5. The expiration of an application, a notice of cancellation, or a new application shall in no way affect the proceedings during the arbitration or before the International Court of Justice, unless otherwise agreed by the parties to the dispute. 6. If the parties to the dispute have not accepted the same or any of the procedures in accordance with paragraph 2, or if they have not been able to settle their dispute within twelve months after one of the parties notifies the other party of the existence of a dispute between them, the dispute, at the request of either party, shall be referred to the conciliation commission. commissions. The Conciliation Commission prepares a report with recommendations. Additional procedures related to the conciliation commission are included in an annex to be approved by the Conference of the Parties no later than at its second meeting.
Article 19 The 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 the United Nations Environment Programme no later than one year after the entry into force of this Convention. Thereafter, regular meetings of the Conference of the Parties shall be convened at such intervals as the Conference may determine. 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 itself and any subsidiary bodies, as well as financial regulations governing the functioning of the secretariat. 5. The Conference of the Parties continuously monitors and evaluates the implementation of this Convention. It shall perform the functions assigned to it under the Convention and to this end: (a) establish, in addition to the requirements set out in paragraph 6, such subsidiary bodies as it deems necessary for the implementation of this Convention; (b) Cooperate, as appropriate, with competent international organizations, as well as intergovernmental and non-governmental organizations. bodies; and (c) regularly reviews all information provided by Parties in accordance with Article 15, including reviewing the effectiveness of paragraph 2 (b) (iii) of Article 3; (d) Consider and take any additional measures that may be necessary to achieve the objectives of the Convention. 6. The Conference of the Parties, at its first meeting, shall establish a subsidiary body called the Persistent Organic Pollutants Review Committee to carry out the functions assigned to this Committee by this Convention. In this regard: (a) The members of the Persistent Organic Pollutants Review Committee are appointed by the Conference of the Parties. The Committee's membership includes Government-appointed experts in the field of chemicals assessment and management. 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 functioning of the Committee; and (c) the Committee shall make every effort to adopt its recommendations by consensus. If all means to reach consensus have been exhausted and no agreement has been reached, such a recommendation shall be adopted as a last resort by a two-thirds majority vote of the members present and voting. 7. The Conference of the Parties, at its third meeting, shall assess whether the procedure contained in paragraph 2 (b) of Article 3 remains necessary, including consideration of its effectiveness. 8. 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 competence in matters covered by this 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 of those present at the meeting object. Parties. The admission and participation of observers are governed by the rules of procedure adopted by the Conference of the Parties.
Article 20 The Secretariat
1. The secretariat is hereby established. 2. The secretariat shall have the following functions: (a) to organize and service meetings of the Conference of the Parties and its subsidiary bodies, as appropriate; (b) to assist Parties, especially developing country Parties and Parties with economies in transition, upon request, in the implementation of this Convention; (c) to ensure the necessary coordination of activities with the secretariats of other relevant international bodies; (d) To prepare and submit periodic reports to the Parties based on information received in accordance with Article 15 and other available information; (e) To conclude, under the general 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) to perform other functions of the secretariat as defined in this Convention, and such other functions as may be determined by the Conference of the Parties. 3. The functions of the secretariat of this Convention shall be performed by the Executive Director of the United Nations Environment Programme, unless the Conference of the Parties decides by a three-fourths majority of the Parties present and voting to assign the functions of the secretariat to another international organization or several other such organizations.
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 communicated 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 transmit the text of the proposed amendments to the Signatories of this Convention and to the Depositary for his information. 3. The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus. If all efforts 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 instruments 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. Any additional applications are limited to procedural, scientific, technical or administrative matters. 3. With regard to the proposal, adoption or entry into force of additional annexes to this Convention, the following procedure shall apply: (a) Additional annexes shall be proposed and accepted in accordance with the procedure specified in paragraphs 1, 2 and 3 of Article 21; (b) any Party that may accept an additional annex shall notify the Depositary in writing. within one year from the date of notification by the Depositary of the adoption of the 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 sent notification of non-acceptance of any additional annex, after which this annex shall enter into force for that Party, subject to the provisions of subparagraph (c); 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 Notification 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 governed by the same procedure as the proposal, adoption and entry into force of additional annexes to this Convention, except that an amendment to Annexes A, B or C shall not enter into force for any Party that has made a declaration to amendments to these annexes in accordance with paragraph 4 of Article 25, in which case any amendment shall enter into force for such Party on the ninetieth day after the deposit of the instrument of ratification with the Depositary., acceptance or approval of this amendment or accession to it. 5. With regard to the proposal, adoption and entry into force of an amendment to Annex D, E or F, the following procedure shall apply: (a) amendments shall be proposed in accordance with the procedure set out in paragraphs 1 and 2 of Article 21; (b) the Parties shall decide by consensus to amend Annex D, E or F; and (c) the decision An amendment to Annex D, E or F shall be immediately communicated to the Parties by the Depositary. The amendment shall enter into force for all Parties within the time limits 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 rights
1. Except as provided in paragraph 2, each Party to this Convention shall have one vote. 2. In matters within its competence, a regional economic integration organization 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.
Article 24 Signature
This Convention is open for signature by all States and regional economic integration organizations in Stockholm on May 23, 2001, as well as at United Nations Headquarters in New York from May 24, 2001 to May 22, 2002.
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 from the day after the Convention closes for signature. The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary. 2. Any economic integration organization that becomes a Party to this Convention, while none of its member States is a Party to it, 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 this Convention, that organization and its member States shall decide on the respective responsibilities for fulfilling their obligations under the Convention. In such cases, the organization and the Member States cannot simultaneously exercise the rights deriving from the Convention. 3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations declare the scope of their competence with respect to matters governed by this Convention. Any such organization shall also notify the Depositary of any relevant change in the scope of its competence, which, in turn, shall inform the Parties accordingly. 4. In its instrument of ratification, acceptance, approval or accession, any Party may declare that any amendment to Annexes A, B or C shall enter into force for it only after the deposit of its instrument of ratification, acceptance, approval or accession.
Article 26 Entry into force
1. This Convention shall enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession. 2. For each State or regional economic integration organization that ratifies, accepts or approves this Convention or accedes to it after the deposit of the fiftieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the 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 such 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 a 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 of withdrawal, 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 perform the functions of 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 Stockholm, this twenty-second day of May, two thousand and one.
APPENDIX A LIQUIDATION
Part I
Chemical substance
Activity
A specific exception
Aldrin* CAS No.: 309-00-2
Production
Absent
Using
Local ectoparasiticides Insecticides
Chlordane* CAS No.: 57-74-9
Production
By permission of the Parties listed in the Registry
Using
Local ectoparasiticides Insecticides Thermicides Thermicides in buildings and dams Thermicides in road construction Additives for the manufacture of plywood gluing agents
Dieldrin* CAS No.: 60-57-1
Production
Absent
Using
In agricultural work
Endrin* CAS No.: 72-20-8
Production
Absent
Using
Absent
Heptachlor* CAS No.: 76-44-8
Production
Absent
Using
Thermicides Thermicides in building structures of residential buildings Thermicides (underground) Wood processing Application in underground cable couplings
Hexachlorobenzene CAS No.: 118-74-1
Production
By permission of the Parties listed in the Registry
Using
Intermediates Solvents in pesticides An intermediate of local action located in a closed system
Mirex* CAS No.: 2385-85-5
Production
By permission of the Parties listed in the Registry
Using
Thermicides
Toxaphene* CAS No.: 8001-35-2
Production
Absent
Using
Absent
Polychlorinated biphenyls (PCBs)*
Production
Absent
Using
Articles in use in accordance with the provisions of Part II of this annex
Notes: (i) Except as otherwise specified in this Convention, quantities of a chemical contained in products and articles as an unintended micro-contaminant are not considered to be listed in this annex; (ii) This note is not considered to be a specific exception with respect to production and use for the purposes of paragraph 2 of Article 3. Quantities of a chemical that are part of products manufactured or already in use before or on the date of entry into force of the relevant obligation for that chemical are not considered to be listed in this annex, provided that the Party has notified the Secretariat that the specific type of product continues to be in use in that Party. The Secretariat shall make such notifications public; (iii) This note, which does not refer to a chemical with a footnote in the column "Chemical" in Part I of this annex, is not considered a specific exception with respect to production and use for the purposes of paragraph 2 of Article 3. Considering that significant quantities of the chemical are not expected to come into contact with humans and the environment during the production and use of a locally active intermediate in a closed system, after notifying the Secretariat, a Party may authorize the production and use of certain quantities of the chemical listed in this annex as a locally active intermediate in a closed system, which it is chemically transformed in the production of other chemicals that, taking into account the criteria, The substances specified in paragraph 1 of Annex D do not exhibit the characteristics of persistent organic pollutants. Such notification should include information on the total volume of production and consumption of such a chemical, or a reasonable estimate of such information, and information regarding the nature of the process based on the use of a closed system and occurring in a limited location, including the extent of any unintended micro-contamination of the final product with a persistent organic pollutant starting material as a result of incomplete conversion. This procedure is applied in cases where it is not otherwise provided for in this annex. The Secretariat shall bring such notifications to the attention of the Conference of the Parties and make them public. Such production or use is not considered to be related to a specific production or use exception for a particular Party. Such production and use shall cease after ten years, unless the Party concerned submits a new notification to the secretariat, in which case the period shall be extended for another ten years, unless the Conference of the Parties decides otherwise after reviewing the type of production and use. The notification procedure can be repeated.; (iv) All specific exemptions for substances included in this annex may be used by Parties that have registered exemptions for them in accordance with Article 4, with the exception of the use of polychlorinated biphenyls in used products in accordance with the provisions of Part II of this annex, which may be used by all Parties.
Part II Polychlorinated biphenyls
Each Party shall: (a) With regard to the cessation of the use of polychlorinated biphenyls in equipment (i.e. transformers, capacitors or other receivers containing liquid residues) by 2025, subject to possible review by the Conference of the Parties, take measures in accordance with the following priorities: (i) Make active efforts to identify, label and discontinue the operation of equipment, containing polychlorinated biphenyls in a concentration of more than 10 percent and in a volume of more than 5 liters; (ii) Make active efforts to identify, label and discontinue the operation of equipment containing more than 0.05 percent polychlorinated biphenyls and in a volume of more than 5 liters; (iii) Strive to identify the presence and discontinue the operation of equipment containing more than 0.005 percent polychlorinated biphenyls and in a volume of more than 0.05 liters; (b) In accordance with the priorities set out in paragraph (a), assist in the adoption of the following measures to reduce exposure and risks in order to implement and control the use of such polychlorinated biphenyls: (i) Use only in undamaged and sealed equipment and only in places where the risk of release into the environment can be minimized to minimize, and the consequences of such a release can be promptly eliminated; ii) non-use in places related to the production and processing of food or feed; (iii) When used in populated areas, take all reasonable measures to prevent electrical problems that could lead to a fire and carry out regular leakproofness checks of the equipment; (c) Regardless of the provisions of paragraph 2 of Article 3, ensure that equipment containing polychlorinated biphenyls described in paragraph (a) is not exported and does not was it imported for any other purpose other than the purpose of environmentally sound waste disposal; d) except in cases of operation and maintenance of equipment, does not allow the recovery of liquid substances with a polychlorinated biphenyls content exceeding 0.005 percent for reuse in other equipment; (e) Make active efforts to ensure the environmentally sound disposal of liquids containing polychlorinated biphenyls and equipment contaminated with polychlorinated biphenyls at concentrations of polychlorinated biphenyls above 0.005 percent, in accordance with paragraph 1 of Article 6, as soon as possible, but no later than 2028, subject to possible review by the Conference of the Parties; (f) Regardless of note (ii) in Part I of this annex, seek to identify other products containing more than 0.005 percent polychlorinated biphenyls (for example, cable sheaths, cured sealing compounds and painted products) and ensure their regulation in accordance with paragraph 1 of Article 6; (g) Submit a progress report on the cessation of production and the use of polychlorinated biphenyls every five years and submits them in accordance with Article 15; (h) The reports described in subparagraph (g) shall be considered by the Conference of the Parties in its reviews of polychlorinated biphenyls, as appropriate. The Conference of the Parties shall review progress in the elimination of polychlorinated biphenyls at five-year intervals or, if necessary, at other intervals, taking into account such reports.
APPENDIX B RESTRICTION
Part I
Chemical substance
Activity
An acceptable goal or a specific exception
DDT (1-1-1 trichloro-2,2-bis (n-chlorophenyl) Ethan) No. KAC: 50-29-3
Production
An acceptable goal: It is used to control disease vectors in accordance with the provisions of Part II of this annex.
Specific exception: Intermediate material in the production of dicofol Intermediate materials
Using
An acceptable goal: Disease vector control in accordance with the provisions of Part II of this annex
Specific exception: Production of Dicofol Intermediates
Notes: (i) Except as otherwise specified in the Convention, quantities of a chemical contained in products and articles as an unintended micro-contaminant are not considered to be listed in this annex; (ii) This note is not considered an acceptable purpose or a specific exception for production and use for the purposes of paragraph 2 of Article 3. Quantities of a chemical that is part of products manufactured or already in use before or on the date of entry into force of the relevant obligation for that chemical are not considered to be listed in this annex, provided that the Party has notified the Secretariat that the specific type of product continues to be in use in that Party. The Secretariat shall make such notifications public; (iii) This note is not considered as a specific exception with respect to production and use for the purposes of paragraph 2 of Article 3. Given that significant quantities of the chemical are not expected to come into contact with humans and the environment during the production and use of a locally active intermediate in a closed system, any Party may, upon notification to the Secretariat, authorize the production and use of quantities of the chemical listed in this annex as a locally active intermediate in a closed system, chemically converted during the processing of other chemicals, which, taking into account the criteria, specified in paragraph 1 of Annex D, does not exhibit the characteristics of persistent organic pollutants. Such notification should include information on the total volume of production and consumption of such chemical, or a reasonable estimate of such information, and information regarding the nature of the closed system and on-site process, including the extent of any unintended micro-contamination of the final product by the source material, which is a persistent organic pollutant, as a result of its incomplete conversion. This procedure is applied in cases where it is not otherwise provided for in this annex. The Secretariat shall bring such notifications to the attention of the Conference of the Parties and make them public. Such production or use is not considered as a specific exception for a particular country in relation to 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 another ten years, unless the Conference of the Parties decides otherwise after reviewing the type of production and use. The notification procedure may be repeated; (iv) All specific exceptions in this annex may be used by Parties that have registered exceptions in respect of them in accordance with Article 4.
DDT Part II (1,1,1-trichloro-2,2-bis(n-chlorophenyl)ethane)
1. The production and use of DDT should be discontinued, except for those Parties that have notified the secretariat of their intention to produce and/or use DDT. A DDT Registry is hereby established, which is open to the general public. The secretariat maintains the DDT Registry. 2. Each Party producing and/or using DDT restricts such production and/or use to disease vector control in accordance with the recommendations and guidelines for the use of DDT developed by the World Health Organization and in cases where it is safe and effective and affordable alternatives are not available in that Party. 3. In the event that a Party not included in the DDT Registry concludes that it needs to use DDT to control certain diseases, it should notify the secretariat as soon as possible in order to be included in the DDT Registry from then on. At the same time, she must notify the World Health Organization. 4. Every three years, each Party using DDT shall provide the secretariat and the World Health Organization with information on the amounts used, the conditions for such use and its need for the Party's disease control strategy in accordance with a format to be approved by the Conference of the Parties and in consultation with the World Health Organization. 5. In order to reduce and eventually eliminate the use of DDT, the Conference of the Parties shall ensure that: (a) Each Party using DDT develops and implements an action plan as part of the implementation plan specified in Article 7. Such an action plan should include: (i) The development of regulatory and other mechanisms to ensure that DDT use is limited to disease vector control; (ii) The introduction of appropriate alternative products, methods and strategies, including strategies to overcome counteracting factors, to ensure the continued and effective use of these alternatives; (iii) Measures to promote human health and reduce disease; (b) The Parties shall, within their capabilities, promote scientific research and the development of safe alternative chemical and non-chemical products, methods and strategies for Parties using DDT, taking into account the conditions of these countries and in order to alleviate the burden of diseases on the population and the economy. Among the factors that should be given special attention when considering alternatives or combinations of alternatives are the risks to human health and the environmental consequences associated with the introduction of such alternatives. Acceptable alternatives to DDT pose fewer risks to human health and the environment, are suitable for disease control, taking into account the conditions in these countries, and are based on monitoring data. 6. Starting from the first meeting of the Conference of the Parties, and thereafter at least every three years, the Conference of the Parties, in consultation with the World Health Organization, assesses the continuing need for DDT for disease vector control based on available scientific, technical, environmental and economic information, including: (a) the production and use of DDT and the conditions set out in paragraph 2; (b) Availability, acceptability and implementation of alternatives to DDT; and (c) Progress in strengthening the capacity of countries to adopt such alternatives without any risk. 7. Upon written notification to the secretariat, any Party may at any time exclude itself from the DDT Register. The exclusion takes effect on the day specified in the notification.
APPLICATION WITH UNINTENDED PRODUCTION
Part I Persistent organic pollutants for which the requirements provided for in Article 5 must be met
This application applies to the persistent organic pollutants listed below in case of their unintentional formation and release from anthropogenic sources.:
Chemical substance
Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) Hexachlorobenzene (HCB) (No. KAC:118-74-1) Polychlorinated Biphenyls (PCBs)
Part II Categories of sources
Unintentional formation and release of dibenzo-p-dioxins and dibenzofurans, hexachlorobenzene and polychlorinated biphenyls occur during thermal processes in the presence of organic matter and chlorine as a result of incomplete combustion or chemical reactions. The following categories include industrial sources that can lead to a relatively high level of formation of such chemicals and their release into the environment: a) waste incineration plants, including installations for the co-incineration of household, hazardous or medical waste or sewage sludge; b) cement kilns for the incineration of hazardous waste; c) production cellulose using elemental chlorine or chlorine-forming chemicals for bleaching; d) the following thermal processes in the metallurgical industry: i) secondary copper production; ii) sintering plants in the iron and steel industry; iii) secondary aluminum production; iv) secondary zinc production.
Part III Source categories
Unintentional production and release of polychlorinated dibenzo-p-dioxins and dibenzofurans, hexachlorobenzene and polychlorinated biphenyls may also occur in the case of sources falling into the following categories, including: (a) open waste incineration, including landfill incineration; (b) thermal processes in the metallurgical industry not mentioned in Part II; (c) sources related to combustion processes in households; d) burning of fossil fuels in boilers of the municipal system and in industrial boilers; (e) Installations for burning wood and other biomass fuels; (f) Specific chemical production processes involving the release of unintentionally produced persistent organic pollutants, primarily the production of chlorophenols and chloranyl; (g) crematoriums; (h) Vehicles primarily powered by leaded gasoline; (i) The destruction of animal carcasses; (j) dyeing (using chloranyl) and finishing (using alkali extraction) in the textile and leather industries; k) installations for recycling used cars; l) processing of copper cables with smoldering fire; m) waste oil processing plants.
Part IV Definitions
1. For the purposes of this annex: (a) "polychlorinated biphenyls" means aromatic compounds formed in such a way that the hydrogen atoms in a biphenyl molecule (two benzene rings joined together by a single carbon-carbon bond) can be replaced by chlorine atoms, the number of which reaches ten; b) "polychlorinated dibenzo-p-dioxins" and "polychlorinated dibenzofurans" are trinuclear aromatic compounds formed by two benzene rings connected by two oxygen atoms in the case of polychlorinated dibenzo-p-dioxins and one oxygen atom and one carbon-carbon bond in the case of polychlorinated dibenzofurans, and the hydrogen atoms of which can be replaced chlorine atoms, which number up to eight. 2. In this application, the toxicity of polychlorinated dibenzo-p-dioxins and dibenzofurans is expressed using the concept of toxic equivalence, which allows measuring the relative toxic activity of related polychlorinated dibenzo-p-dioxins and dibenzofurans and planar polychlorinated biphenyls in relation to 2,3,7,8-tetrachlorodibenzo-p-dioxins similar to dioxins. The toxic equivalence factor values to be used for the purposes of this Convention are consistent with established international standards, starting with the mammalian toxic equivalence factor values for polychlorinated dibenzo-p-dioxins and dibenzofurans and planar polychlorinated biphenyls adopted by the World Health Organization in 1998. Concentrations are expressed in toxic equivalents.
Part V General guidelines on best available techniques and best environmental practices
This section provides general guidance for Parties on the prevention or reduction of emissions of chemicals listed in Part I.
A. General prevention measures related to both best available techniques and best environmental practices
Priority should be given to considering approaches to the prevention of the formation and release of chemicals listed in Part I. Effective measures may include the following: (a) the use of low-waste technology; (b) the use of less hazardous chemicals; (c) Promoting the practice of recovery and recycling of waste and substances that are generated and used in a particular process; (d) Replacement of source materials in cases where they are persistent organic pollutants or where there is a direct link between the materials and releases of persistent organic pollutants from the source; (e) Sound management and preventive maintenance programmes; (f) Improvement of waste management methods to stop open or otherwise uncontrolled waste incineration, including incineration garbage dumps. When considering proposals for the construction of new waste disposal facilities, consideration should be given to alternatives such as measures to maximize the generation of household and medical waste, including resource recovery, reuse, recycling, waste separation, and the promotion of products that generate less waste. Based on this approach, human health issues should be carefully considered; g) maximizing the reduction of these substances present in products as pollutants; h) the need to avoid using elemental chlorine or chemicals that form elemental chlorine as a bleaching agent.
B. Best available methods
The concept of best available techniques is not intended to prescribe any specific methods or technologies, but rather to ensure that the technical characteristics of the relevant installation, its geographical location and local natural conditions are taken into account. The relevant regulatory methods aimed at reducing emissions of the chemicals listed in Part I are generally the same. When determining the best available methods, special attention should be paid, both in general and in specific cases, to the following factors, while not forgetting the likely costs and benefits associated with a particular measure, and taking into account precautionary and preventive considerations: (a) General considerations: (i) nature, consequences and mass related emissions: the methods may vary depending on the size of the source; ii) the timing of the commissioning of new or existing installations; iii) the time required to implement the best available method; (iv) The volume of consumption and the nature of the raw materials used in a particular process and its energy efficiency; (v) The need to prevent or minimize the cumulative impact of emissions on the environment and risks to it; (vi) The need to prevent accidents and minimize their consequences for the environment; (vii) the need to ensure sanitary and hygienic requirements workplace safety regulations; (viii) Comparable processes, installations or operational methods that have been successfully tested at the industrial enterprise level; (ix) Technical innovations and changes in scientific knowledge and understanding of certain issues; (b) General measures to reduce emissions: when considering proposals for the construction of new installations or significant modifications to existing installations using processes that release chemicals listed in this annex, priority should be given to alternative processes, methods or practices that have similar benefits but which prevent the formation and release of such chemicals. In cases where such installations are to be constructed or significantly modified, in addition to the emission prevention measures outlined in section A of Part V, the following emission reduction measures could also be considered in determining the best available methods: (i) The use of improved flue gas treatment methods, such as thermal or catalytic combustion or oxidation, dust deposition or absorption; (ii) Treatment of residues, wastewater, waste and sewage sludge, for example by thermal treatment or their transfer to an inert system or using chemical processes to detoxify them; (iii) changes in the nature of the process leading to a reduction or elimination of emissions, for example, the transition to closed systems; (iv) Modification of technological processes to ensure complete combustion, which will prevent the formation of chemicals listed in this annex by controlling parameters such as combustion temperature or retention period.
With. The best types of environmental protection activities
The Conference of the Parties may develop guidance on best environmental practices.
ANNEX D INFORMATION REQUIREMENTS AND SELECTION CRITERIA
1. A Party submitting a proposal for listing a chemical in Annexes A, B and/or C shall identify the chemical by the method described in subparagraph (a) and provide information on the chemical and, if necessary, its transitional products in accordance with the selection criteria set out in subparagraphs (b) to (e).(a) Identification data of the chemical: (i) Names, including trade name or names, trade name or names and synonymous names, the number in the registry of the Chemical Analytical Review Service (CAS), the name assigned by the International Union of Pure and Applied Chemistry (IUPAC); and (ii) the structure, including the characterization of isomers, where applicable, and the structure of the chemical class; (b) Persistence: (i) evidence indicating that that the half-life of a chemical in water exceeds two months, or that its half-life in soil exceeds six months, or that its half-life in sediments exceeds six months; or (ii) factual data indicating that, in other respects, the chemical is sufficiently persistent to be considered justified under the scope of this Convention; (c) Bioaccumulation: (i) Factual data indicating that the bioconcentration factor (BCF) or bioaccumulation factor (BPA) of the chemical in the case of aquatic species, it exceeds 5,000 or, in the absence of data characterizing FBK and FBA, the log Kow is more than 5; (ii) Evidence indicating that the chemical has other properties of concern, such as high levels of bioaccumulation in other species, high toxicity or ecotoxicity; or (iii) biota monitoring data indicate that the bioaccumulation potential of the chemical is significant enough to be considered within the scope of its application. this Convention is justified; (d) Long-range environmental transport: (i) Measured levels of the chemical in areas far from the sources of its release are of potential concern; (ii) Monitoring data indicating that long-range environmental transport of the chemical, with possible transport to a receiving environment, could have occurred by air, water, or through migratory species.; or iii) factors characterizing the ecological "fate" and/or modeling results that indicate that the chemical has the ability to be transported over long distances in the environment through air, water or through migratory species and the potential to be transported to the receiving environment in areas far from its sources. releases. In the case of a chemical that travels significant distances through the air, the half-life in the air environment should exceed two days.; and (e) Adverse effects: (i) evidence of adverse effects on human health or the environment that would justify considering the chemical within the scope of this Convention; or (ii) evidence of toxicity or ecotoxicity that indicates potential harm to human health or the environment. 2. The proponent shall provide a statement of the causes of concern, including, where possible, a comparison of data on toxicity or ecotoxicity with identified or predicted levels of a chemical as a result of its actual or suspected long-range environmental transport, as well as a brief statement on the need for global control. 3. Whenever possible and taking into account its own potential, the proposing Party shall provide additional information in support of the consideration of the proposal referred to in paragraph 6 of Article 8. In preparing such a proposal, the Party may use technical expert assistance from any source.
ANNEX E REQUIREMENTS FOR INFORMATION REQUIRED TO CHARACTERIZE RISKS
The purpose of the review is to assess whether the chemical in question, as a result of its long-range environmental transport, could cause significant adverse effects on human health and/or the environment that would justify global action. For this purpose, a risk profile is prepared, which examines and evaluates the information listed in Annex D in more detail and provides, as far as possible, the following information: (a) sources, including, if necessary: (i) production data, including quantity and location; (ii) uses; and (iii) emissions for example, discharges, leaks and gaseous wastes; b) risk assessment for the relevant end point or locations, including toxicological interactions involving multiple chemicals; (c) Environmental "fate", including data and information on the chemical and physical properties and persistence of a chemical and how they relate to its transport in the environment, movement within and between natural environments, destruction and transformation into other chemicals. Bioaccumulation factor and bioconcentration factor values based on measured values must be provided, except in cases where monitoring data is considered sufficient; d) monitoring data; (e) Data on local exposure and, in particular, effects resulting from long-range environmental transport, including also information related to biological presence; (f) National and international risk assessments, analyses or characteristics, labeling information and risk classification, if any; and (g) the status of the chemical according to international conventions.
APPENDIX F INFORMATION ON SOCIO-ECONOMIC CONSIDERATIONS
An assessment should be made of possible control measures that include a full range of options, including management and elimination, for chemicals under consideration for inclusion in this Convention. For this purpose, it is necessary to provide relevant information on socio-economic considerations related to possible regulatory measures, which would allow the Conference of the Parties to take an appropriate decision. Such information should appropriately take into account differences in the capabilities and conditions of the Parties, as well as provide considerations on the following indicative list of issues: (a) the effectiveness and effectiveness of possible regulatory measures in addressing risk reduction challenges: (i) technical feasibility; and (ii) costs, including environmental and health costs; (b) alternatives (products and processes): (i) Technical feasibility; (ii) Costs, including environmental and health costs; (iii) Effectiveness; (iv) Risks; (v) availability; and (vi) accessibility; (c) Positive and/or negative impacts on society associated with the implementation of possible regulatory measures: (i) Public health, including public health, environmental sanitation and occupational health; (ii) agriculture, including aquaculture and forestry; (iii) biota (biodiversity); (iv) economic aspects; (v) progress towards sustainable development; and (vi) social costs; (d) Impacts related to waste and its disposal (in particular obsolete pesticide stocks and cleanup of contaminated sites); (i) technical feasibility; and (ii) costs; (e) access to information and public education; (f) the status of regulation and monitoring; and (g) any measures taken at the national or regional level regulation, including information on alternatives and any other relevant risk management information.
The RCPI's note. The following is the text of the Stockholm Convention on Persistent Organic Pollutants in English.
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