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Agreement on Port State Measures Basel Convention Cartagena Protocol on Biosafety to the Convention on Biological Diversity Convention for the Conservation of Antarctic Marine Living Resources Convention on Biological Diversity Convention on International Trade in Endangered Species of Wild Fauna and Flora International Convention for the Conservation of Atlantic Tunas International Plant Protection Convention International Tropical Timber Agreement Kyoto Protocol Minamata Convention on Mercury Montreal Protocol Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety Paris Agreement Rotterdam Convention Stockholm Convention UN Fish Stocks Agreement United Nations Framework Convention on Climate Change
Provisions of the convention
Preamble

The Parties to this Convention,

Recognizing that this Convention and other international agreements in the field of trade and the environment are mutually supportive,

Article 3 – Measures to reduce or eliminate releases from intentional production and use

Article 3 – Measures to reduce or eliminate releases from intentional 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 the chemicals listed in Annex A subject to the provisions of that Annex; and
(ii)Its import and export of the chemicals listed in Annex A in accordance with the provisions of paragraph 2; and
(b)Restrict its production and use of the chemicals listed in Annex B in accordance with the provisions of that Annex.
2.Each Party shall take measures to ensure:
(a)That a chemical listed in Annex A or Annex B is imported only:
(i)For the purpose of environmentally sound disposal as set forth in paragraph 1(d) of Article 6; or
(ii)For a use or purpose which is permitted for that Party under Annex A or Annex B;
(b)That a chemical listed in Annex A for which any production or use specific exemption is in effect or a chemical listed in Annex B for which any production or use specific exemption or acceptable purpose is in effect, taking into account any relevant provisions in existing international prior informed consent instruments, is exported only:
(i)For the purpose of environmentally sound disposal as set forth in paragraph 1(d) of Article 6;
(ii)To a Party which is permitted to use that chemical under Annex A or Annex B; or
(iii)To a State not Party to this Convention which has provided an annual certification to the exporting Party. Such certification shall specify the intended use of the chemical and include a statement that, with respect to that chemical, the importing State is committed to:
a.Protect human health and the environment by taking the necessary measures to minimize or prevent releases;
b.Comply with the provisions of paragraph 1 of Article 6; and
c.Comply, where appropriate, with the provisions of paragraph 2 of Part II of Annex B.
The certification shall also include any appropriate supporting documentation, such as legislation, regulatory instruments, or administrative or policy guidelines. The exporting Party shall transmit the certification to the Secretariat within sixty days of receipt.
(c)That a chemical listed in Annex A, for which production and use specific exemptions are no longer in effect for any Party, is not exported from it except for the purpose of environmentally sound disposal as set forth in paragraph 1(d) of Article 6;
(d)For the purposes of this paragraph, the term “State not Party to this Convention” shall include, with respect to a particular chemical, a State or regional economic integration organization that has not agreed to be bound by the Convention with respect to that chemical.
3.Each Party that has one or more regulatory and assessment schemes for new pesticides or new industrial chemicals shall take measures to regulate with the aim of preventing the production and use of new pesticides or new industrial chemicals which, taking into consideration the criteria in paragraph 1 of Annex D, exhibit the characteristics of persistent organic pollutants.
4.Each Party that has one or more regulatory and assessment schemes for pesticides or industrial chemicals shall, where appropriate, take into consideration within these schemes the criteria in paragraph 1 of Annex D when conducting assessments of pesticides or industrial chemicals currently in use.
5.Except as otherwise provided in this Convention, paragraphs 1 and 2 shall not apply to quantities of a chemical to be used for laboratory-scale research or as a reference standard.
6.Any Party that has a specific exemption in accordance with Annex A or a specific exemption or an 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 release into the environment. For exempted uses or acceptable purposes that involve intentional release into the environment under conditions of normal use, such release shall be to the minimum extent necessary, taking into account any applicable standards and guidelines.
Article 4 – Register of specific exemptions

Article 4 – Register of specific exemptions

1.A Register is hereby established for the purpose of identifying the Parties that have specific exemptions listed in Annex A or Annex B. It shall not identify Parties that make use of the provisions in Annex A or Annex B that may be exercised by all Parties. The Register shall be maintained by the Secretariat and shall be available to the public.
2.The Register shall include:
(a)A list of the types of specific exemptions reproduced from Annex A and Annex B;
(b)A list of the Parties that have a specific exemption listed under Annex A or Annex B; and
(c)A list of the expiry dates for each registered specific exemption.
3.Any State may, on becoming a Party, by means of a notification in writing to the Secretariat, register for one or more types of specific exemptions listed in Annex A or Annex B.
4.Unless an earlier date is indicated in the Register by a Party, or an extension is granted pursuant to paragraph 7, all registrations of specific exemptions shall expire five years after the date of entry into force of this Convention with respect to a particular chemical.
5.At its first meeting, the Conference of the Parties shall decide upon its review process for the entries in the Register.
6.Prior to a review of an entry in the Register, the Party concerned shall submit a report to the Secretariat justifying its continuing need for registration of that exemption. The report shall be circulated by the Secretariat to all Parties. The review of a registration shall be carried out on the basis of all available information. Thereupon, the Conference of the Parties may make such recommendations to the Party concerned as it deems appropriate.
7.The Conference of the Parties may, upon request from the Party concerned, decide to extend the expiry date 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 the developing country Parties and Parties with economies in transition.
8.A Party may, at any time, withdraw an entry from the Register for a specific exemption upon written notification to the Secretariat. The withdrawal shall take effect on the date specified in the notification.
9.When there are no longer any Parties registered for a particular type of specific exemption, no new registrations may be made with respect to it.
Article 5 – Measures to reduce or eliminate releases from unintentional production

Article 5 – Measures to reduce or eliminate releases from unintentional production

Each Party shall at a minimum take the following measures to reduce the total releases derived from anthropogenic sources of each of the chemicals listed in Annex C, with the goal of their continuing minimization and, where feasible, ultimate elimination:
(a)Develop an action plan or, where appropriate, a regional or subregional action plan within two years of the date of entry into force of this Convention for it, and subsequently implement it as part of its implementation plan specified in Article 7, designed to identify, characterize and address the release of the chemicals listed in Annex C and to facilitate implementation of subparagraphs (b) to (e). The action plan shall include the following elements:
(i)An evaluation of current and projected releases, including the development and maintenance of source inventories and release estimates, taking into consideration the source categories identified in Annex C;
(ii)An evaluation of the efficacy of the laws and policies of the Party relating to the management of such releases;
(iii)Strategies to meet the obligations of this paragraph, taking into account the evaluations in (i) and (ii);
(iv)Steps to promote education and training with regard to, and awareness of, those strategies;
(v)A review every five years of those strategies and of their success in meeting the obligations of this paragraph; such reviews shall be included in reports submitted pursuant to Article 15;
(vi)A schedule for implementation of the action plan, including for the strategies and measures identified therein;
(b)Promote the application of available, feasible and practical measures that can expeditiously achieve a realistic and meaningful level of release reduction or source elimination;
(c)Promote the development and, where it deems appropriate, require the use of substitute or modified materials, products and processes to prevent the formation and release of the chemicals listed in Annex C, taking into consideration the general guidance on prevention and release reduction measures in Annex C and guidelines to be adopted by decision of the Conference of the Parties;
(d)Promote and, in accordance with the implementation schedule of its action plan, require the use of best available techniques for new sources within source categories which a Party has identified as warranting such action in its action plan, with a particular initial focus on source categories identified in Part II of Annex C. In any case, the requirement to use best available techniques for new sources in the categories listed in Part II of that Annex shall be phased in as soon as practicable but no later than four years after the entry into force of the Convention for that Party. For the identified categories, Parties shall promote the use of best environmental practices. When applying best available techniques and best environmental practices, Parties should take into consideration the general guidance on prevention and release reduction measures in that Annex and guidelines on best available techniques and best environmental practices to be adopted by decision of the Conference of the Parties;
(e)Promote, in accordance with its action plan, the use of best available techniques and best environmental practices:
(i)For existing sources, within the source categories listed in Part II of Annex C and within source categories such as those in Part III of that Annex; and
(ii)For new sources, within source categories such as those listed in Part III of Annex C which a Party has not addressed under subparagraph (d).
When applying best available techniques and best environmental practices, Parties should take into consideration the general guidance on prevention and release reduction measures in Annex C and guidelines on best available techniques and best environmental practices to be adopted by decision of the Conference of the Parties;
(f)For the purposes of this paragraph and Annex C:(i)“Best available techniques” means the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for release limitations designed to prevent and, where that is not practicable, generally to reduce releases of chemicals listed in Part I of Annex C and their impact on the environment as a whole. In this regard:(ii)“Techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;(iii)“Available” techniques means those techniques that are accessible to the operator and that are developed on a scale that allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages; and(iv)“Best” means most effective in achieving a high general level of protection of the environment as a whole;(v)“Best environmental practices” means the application of the most appropriate combination of environmental control measures and strategies;(vi)“New source” means any source of which the construction or substantial modification is commenced at least one year after the date of:a.Entry into force of this Convention for the Party concerned; orb.Entry into force for the Party concerned of an amendment to Annex C where the source becomes subject to the provisions of this Convention only by virtue of that amendment.
(g)Release limit values or performance standards may be used by a Party to fulfill its commitments for best available techniques under this paragraph.
Article 7 – Implementation plans

Article 7 – Implementation plans

1.Each Party shall:
(a)Develop and endeavour to implement a plan for the implementation of its obligations under this Convention;
(b)Transmit its implementation plan to the Conference of the Parties within two years of the date on which this Convention enters into force for it; and
(c)Review and update, as appropriate, its implementation plan on a periodic basis and in a manner to be specified by a decision of the Conference of the Parties.
2.The Parties shall, where appropriate, cooperate directly or through global, regional and subregional organizations, and consult their national stakeholders, including women’s groups and groups involved in the health of children, in order to facilitate the development, implementation and updating of their implementation plans.
3.The Parties shall endeavour to utilize and, where necessary, establish the means to integrate national implementation plans for persistent organic pollutants in their sustainable development strategies where appropriate.
Article 8 – Listing of chemicals in Annexes A, B and C

Article 8 – Listing of chemicals in Annexes A, B and C

1.A Party may submit a proposal to the Secretariat for listing a chemical in Annexes A, B and/or C. The proposal shall contain the information specified in Annex D. In developing a proposal, a Party may be assisted by other Parties and/or by the Secretariat.
2.The Secretariat shall verify whether the proposal contains the information specified in Annex D. If the Secretariat is satisfied that the proposal contains the information so specified, it shall forward the proposal to the Persistent Organic Pollutants Review Committee.
3.The Committee shall examine the proposal and apply the screening criteria specified in Annex D in a flexible and transparent way, taking all information provided into account in an integrative and balanced manner.
4.If the Committee decides that:
(a)It is satisfied that the screening criteria have been fulfilled, it shall, through the Secretariat, make the proposal and the evaluation of the Committee available to all Parties and observers and invite them to submit the information specified in Annex E; or
(b)It is not satisfied that the screening criteria have been fulfilled, it shall, through the Secretariat, inform all Parties and observers and make the proposal and the evaluation of the Committee available to all Parties and the proposal shall be set aside.
5.Any Party may resubmit a proposal to the Committee that has been set aside by the Committee pursuant to paragraph 4. The resubmission may include any concerns of the Party as well as a justification for additional consideration by the Committee. If, following this procedure, the Committee again sets the proposal aside, the Party may challenge the decision of the Committee and the Conference of the Parties shall consider the matter at its next session. The Conference of the Parties may decide, based on the screening criteria in Annex D and taking into account the evaluation of the Committee and any additional information provided by any Party or observer, that the proposal should proceed.
6.Where the Committee has decided that the screening criteria have been fulfilled, or the Conference of the Parties has decided that the proposal should proceed, the Committee shall further review the proposal, taking into account any relevant additional information received, and shall prepare a draft risk profile in accordance with Annex E. It shall, through the Secretariat, make that draft available to all Parties and observers, collect technical comments from them and, taking those comments into account, complete the risk profile.
7.If, on the basis of the risk profile conducted in accordance with Annex E, the Committee decides:
(a)That the chemical is likely as a result of its long-range environmental transport to lead to significant adverse human health and/or environmental effects such that global action is warranted, the proposal shall proceed. Lack of full scientific certainty shall not prevent the proposal from proceeding. The Committee shall, through the Secretariat, invite information from all Parties and observers relating to the considerations specified in Annex F. It shall then prepare a risk management evaluation that includes an analysis of possible control measures for the chemical in accordance with that Annex; or
(b)That the proposal should not proceed, it shall, through the Secretariat, make the risk profile available to all Parties and observers and set the proposal aside.
8.For any proposal set aside pursuant to paragraph 7 (b), a Party may request the Conference of the Parties to consider instructing the Committee to invite additional information from the proposing Party and other Parties during a period not to exceed one year. After that period and on the basis of any information received, the Committee shall reconsider the proposal pursuant to paragraph 6 with a priority to be decided by the Conference of the Parties. If, following this procedure, the Committee again sets the proposal aside, the Party may challenge the decision of the Committee and the Conference of the Parties shall consider the matter at its next session. The Conference of the Parties may decide, based on the risk profile prepared in accordance with Annex E and taking into account the evaluation of the Committee and any additional information provided by any Party or observer, that the proposal should proceed. If the Conference of the Parties decides that the proposal shall proceed, the Committee shall then prepare the risk management evaluation.
9.The Committee shall, based on the risk profile referred to in paragraph 6 and the risk management evaluation referred to in paragraph 7 (a) or paragraph 8, recommend whether the chemical should be considered by the Conference of the Parties for listing in Annexes A, B and/or C. The Conference of the Parties, taking due account of the recommendations of the Committee, including any scientific uncertainty, shall decide, in a precautionary manner, whether to list the chemical, and specify its related control measures, in Annexes A, B and/or C.