Paragraphs in "Convention On Persistent Organic Pollutants" coded as SUBS

Displaying 1 - 129 of 129
Label Provision
Art.3 Article 3
Art.3.1 1. Each Party shall:
Art.3.1.a (a) Prohibit and/ or take the legal and administrative measures necessary to eliminate:
Art.3.1.a.i (i) Its production and use of the chemicals listed in Annex A subject to the provisions of that Annex; and
Art.3.1.a.ii (ii) Its import and export of the chemicals listed in Annex A in accordance with the provisions of paragraph 2; and
Art.3.1.b (b) Restrict its production and use of the chemicals listed in Annex B in accordance with the provisions of that Annex.
Art.3.2 2. Each Party shall take measures to ensure:
Art.3.2.a (a) That a chemical listed in Annex A or Annex B is imported only:
Art.3.2.a.i (i) For the purpose of environmentally sound disposal as set forth in paragraph 1 (d) of Article 6; or
Art.3.2.a.ii (ii) For a use or purpose which is permitted for that Party under Annex A or Annex B;
Art.3.2.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:
Art.3.2.b.i (i) For the purpose of environmentally sound disposal as set forth in paragraph 1 (d) of Article 6;
Art.3.2.b.ii (ii) To a Party which is permitted to use that chemical under Annex A or Annex B; or
Art.3.2.b.iii (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:
Art.3.2.b.iii.a a. Protect human health and the environment by taking the necessary measures to minimize or prevent releases;
Art.3.2.b.iii.b b. Comply with the provisions of paragraph 1 of Article 6; and
Art.3.2.b.iii.c c. Comply, where appropriate, with the provisions of paragraph 2 of Part II of Annex B.
Art.3.2.b.iii.dx 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.
Art.3.2.c (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;
Art.3.2.d (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.
Art.3.3 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.
Art.3.4 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.
Art.3.5 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.
Art.3.6 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.
Art.5 Article 5
Art.5.1x 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:
Art.5.1x.a (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:
Art.5.1x.a.i (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;
Art.5.1x.a.ii (ii) An evaluation of the efficacy of the laws and policies of the Party relating to the management of such releases;
Art.5.1x.a.iii (iii) Strategies to meet the obligations of this paragraph, taking into account the evaluations in (i) and (ii);
Art.5.1x.a.iv (iv) Steps to promote education and training with regard to, and awareness of, those strategies;
Art.5.1x.a.v (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;
Art.5.1x.a.vi (vi) A schedule for implementation of the action plan, including for the strategies and measures identified therein;
Art.5.1x.b (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;
Art.5.1x.c (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;
Art.5.1x.d (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;
Art.5.1x.e (e) Promote, in accordance with its action plan, the use of best available techniques and best environmental practices:
Art.5.1x.e.i (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
Art.5.1x.e.ii (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).
Art.5.1x.e.iiix 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;
Art.5.1x.f (f) For the purposes of this paragraph and Annex C:
Art.5.1x.f.i (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:
Art.5.1x.f.ii (ii) "Techniques" includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;
Art.5.1x.f.iii (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
Art.5.1x.f.iv (iv) "Best" means most effective in achieving a high general level of protection of the environment as a whole;
Art.5.1x.f.v (v) "Best environmental practices" means the application of the most appropriate combination of environmental control measures and strategies;
Art.5.1x.f.vi (vi) "New source" means any source of which the construction or substantial modification is commenced at least one year after the date of:
Art.5.1x.f.vi.a a. Entry into force of this Convention for the Party concerned; or
Art.5.1x.f.vi.b b. 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.
Art.5.1x.g (g) Release limit values or performance standards may be used by a Party to fulfill its commitments for best available techniques under this paragraph.
Art.6 Article 6
Art.6.1 1. In order to ensure that stockpiles consisting of or containing chemicals listed either in Annex A or Annex B and wastes, including products and articles upon becoming wastes, consisting of, containing or contaminated with a chemical listed in Annex A, B or C, are managed in a manner protective of human health and the environment, each Party shall:
Art.6.1.a (a) Develop appropriate strategies for identifying:
Art.6.1.a.i (i) Stockpiles consisting of or containing chemicals listed either in Annex A or Annex B; and
Art.6.1.a.ii (ii) Products and articles in use and wastes consisting of, containing or contaminated with a chemical listed in Annex A, B or C;
Art.6.1.b (b) Identify, to the extent practicable, stockpiles consisting of or containing chemicals listed either in Annex A or Annex B on the basis of the strategies referred to in subparagraph (a);
Art.6.1.c (c) Manage stockpiles, as appropriate, in a safe, efficient and environmentally sound manner. Stockpiles of chemicals listed either in Annex A or Annex B, after they are no longer allowed to be used according to any specific exemption specified in Annex A or any specific exemption or acceptable purpose specified in Annex B, except stockpiles which are allowed to be exported according to paragraph 2 of Article 3, shall be deemed to be waste and shall be managed in accordance with subparagraph (d);
Art.6.1.d (d) Take appropriate measures so that such wastes, including products and articles upon becoming wastes, are:
Art.6.1.d.i (i) Handled, collected, transported and stored in an environmentally sound manner;
Art.6.1.d.ii (ii) Disposed of in such a way that the persistent organic pollutant content is destroyed or irreversibly transformed so that they do not exhibit the characteristics of persistent organic pollutants or otherwise disposed of in an environmentally sound manner when destruction or irreversible transformation does not represent the environmentally preferable option or the persistent organic pollutant content is low, taking into account international rules, standards, and guidelines, including those that may be developed pursuant to paragraph 2, and relevant global and regional regimes governing the management of hazardous wastes;
Art.6.1.d.iii (iii) Not permitted to be subjected to disposal operations that may lead to recovery, recycling, reclamation, direct reuse or alternative uses of persistent organic pollutants; and
Art.6.1.d.iv (iv) Not transported across international boundaries without taking into account relevant international rules, standards and guidelines;
Art.6.1.e (e) Endeavour to develop appropriate strategies for identifying sites contaminated by chemicals listed in Annex A, B or C; if remediation of those sites is undertaken it shall be performed in an environmentally sound manner.
Art.6.2 2. The Conference of the Parties shall cooperate closely with the appropriate bodies of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal to, inter alia:
Art.6.2.a (a) Establish levels of destruction and irreversible transformation necessary to ensure that the characteristics of persistent organic pollutants as specified in paragraph 1 of Annex D are not exhibited;
Art.6.2.b (b) Determine what they consider to be the methods that constitute environmentally sound disposal referred to above; and
Art.6.2.c (c) Work to establish, as appropriate, the concentration levels of the chemicals listed in Annexes A, B and C in order to define the low persistent organic pollutant content referred to in paragraph 1 (d)( ii). Article 7
Art.7 Article 7
Art.7.1 1. Each Party shall:
Art.7.1.a (a) Develop and endeavour to implement a plan for the implementation of its obligations under this Convention;
Art.7.1.b (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
Art.7.1.c (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.
Art.7.2 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.
Art.7.3 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.
Art.10 Article 10
Art.10.1 1. Each Party shall, within its capabilities, promote and facilitate:
Art.10.1.a (a) Awareness among its policy and decision makers with regard to persistent organic pollutants;
Art.10.1.b (b) Provision to the public of all available information on persistent organic pollutants, taking into account paragraph 5 of Article 9;
Art.10.1.c (c) Development and implementation, especially for women, children and the least educated, of educational and public awareness programmes on persistent organic pollutants, as well as on their health and environmental effects and on their alternatives;
Art.10.1.d (d) Public participation in addressing persistent organic pollutants and their health and environmental effects and in developing adequate responses, including opportunities for providing input at the national level regarding implementation of this Convention;
Art.10.1.e (e) Training of workers, scientists, educators and technical and managerial personnel;
Art.10.1.f (f) Development and exchange of educational and public awareness materials at the national and international levels; and
Art.10.1.g (g) Development and implementation of education and training programmes at the national and international levels.
Art.10.2 2. Each Party shall, within its capabilities, ensure that the public has access to the public information referred to in paragraph 1 and that the information is kept up-to-date.
Art.10.3 3. Each Party shall, within its capabilities, encourage industry and professional users to promote and facilitate the provision of the information referred to in paragraph 1 at the national level and, as appropriate, subregional, regional and global levels.
Art.10.4 4. In providing information on persistent organic pollutants and their alternatives, Parties may use safety data sheets, reports, mass media and other means of communication, and may establish information centres at national and regional levels.
Art.10.5 5. Each Party shall give sympathetic consideration to developing mechanisms, such as pollutant release and transfer registers, for the collection and dissemination of information on estimates of the annual quantities of the chemicals listed in Annex A, B or C that are released or disposed of.
Art.11 Article 11
Art.11.1 1. The Parties shall, within their capabilities, at the national and international levels, encourage and/ or undertake appropriate research, development, monitoring and cooperation pertaining to persistent organic pollutants and, where relevant, to their alternatives and to candidate persistent organic pollutants, including on their:
Art.11.1.a (a) Sources and releases into the environment;
Art.11.1.b (b) Presence, levels and trends in humans and the environment;
Art.11.1.c (c) Environmental transport, fate and transformation;
Art.11.1.d (d) Effects on human health and the environment;
Art.11.1.e (e) Socio-economic and cultural impacts;
Art.11.1.f (f) Release reduction and/ or elimination; and
Art.11.1.g (g) Harmonized methodologies for making inventories of generating sources and analytical techniques for the measurement of releases.
Art.11.2 2. In undertaking action under paragraph 1, the Parties shall, within their capabilities:
Art.11.2.a (a) Support and further develop, as appropriate, international programmes, networks and organizations aimed at defining, conducting, assessing and financing research, data collection and monitoring, taking into account the need to minimize duplication of effort;
Art.11.2.b (b) Support national and international efforts to strengthen national scientific and technical research capabilities, particularly in developing countries and countries with economies in transition, and to promote access to, and the exchange of, data and analyses;
Art.11.2.c (c) Take into account the concerns and needs, particularly in the field of financial and technical resources, of developing countries and countries with economies in transition and cooperate in improving their capability to participate in the efforts referred to in subparagraphs (a) and (b);
Art.11.2.d (d) Undertake research work geared towards alleviating the effects of persistent organic pollutants on reproductive health;
Art.11.2.e (e) Make the results of their research, development and monitoring activities referred to in this paragraph accessible to the public on a timely and regular basis; and
Art.11.2.f (f) Encourage and/ or undertake cooperation with regard to storage and maintenance of information generated from research, development and monitoring.
Art.12 Article 12
Art.12.1 1. The Parties recognize that rendering of timely and appropriate technical assistance in response to requests from developing country Parties and Parties with economies in transition is essential to the successful implementation of this Convention.
Art.12.2 2. The Parties shall cooperate to provide timely and appropriate technical assistance to developing country Parties and Parties with economies in transition, to assist them, taking into account their particular needs, to develop and strengthen their capacity to implement their obligations under this Convention.
Art.12.3 3. In this regard, technical assistance to be provided by developed country Parties, and other Parties in accordance with their capabilities, shall include, as appropriate and as mutually agreed, technical assistance for capacity-building relating to implementation of the obligations under this Convention. Further guidance in this regard shall be provided by the Conference of the Parties.
Art.12.4 4. The Parties shall establish, as appropriate, arrangements for the purpose of providing technical assistance and promoting the transfer of technology to developing country Parties and Parties with economies in transition relating to the implementation of this Convention. These arrangements shall include regional and subregional centres for capacity-building and transfer of technology to assist developing country Parties and Parties with economies in transition to fulfil their obligations under this Convention. Further guidance in this regard shall be provided by the Conference of the Parties.
Art.12.5 5. The Parties shall, in the context of this Article, take full account of the specific needs and special situation of least developed countries and small island developing states in their actions with regard to technical assistance.
Art.13 Article 13
Art.13.1 1. Each Party undertakes to provide, within its capabilities, financial support and incentives in respect of those national activities that are intended to achieve the objective of this Convention in accordance with its national plans, priorities and programmes.
Art.13.2 2. The developed country Parties shall provide new and additional financial resources to enable developing country Parties and Parties with economies in transition to meet the agreed full incremental costs of implementing measures which fulfill their obligations under this Convention as agreed between a recipient Party and an entity participating in the mechanism described in paragraph 6. Other Parties may also on a voluntary basis and in accordance with their capabilities provide such financial resources. Contributions from other sources should also be encouraged. The implementation of these commitments shall take into account the need for adequacy, predictability, the timely flow of funds and the importance of burden sharing among the contributing Parties.
Art.13.3 3. Developed country Parties, and other Parties in accordance with 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 avail themselves of financial resources to assist in their implementation of this Convention through other bilateral, regional and multilateral sources or channels.
Art.13.4 4. The extent to which the developing country Parties will effectively implement their commitments under this Convention will depend on the effective implementation by developed country Parties of their commitments under this Convention relating to financial resources, technical assistance and technology transfer. The fact that sustainable economic and social development and eradication of poverty are the first and overriding priorities of the developing country Parties will be taken fully into account, giving due consideration to the need for the protection of human health and the environment.
Art.13.5 5. The Parties shall take full account of the specific needs and special situation of the least developed countries and the small island developing states in their actions with regard to funding.
Art.13.6 6. A mechanism for the provision of adequate and sustainable financial resources to developing country Parties and Parties with economies in transition on a grant or concessional basis to assist in their implementation of the Convention is hereby defined.
Art.13.7 7. Pursuant to the objectives of this Convention and paragraph 6, the Conference of the Parties shall at its first meeting adopt appropriate guidance to be provided to the mechanism and shall agree with the entity or entities participating in the financial mechanism upon arrangements to give effect thereto. The guidance shall address, inter alia:
Art.13.7.a (a) The determination of the policy, strategy and programme priorities, as well as clear and detailed criteria and guidelines regarding eligibility for access to and utilization of financial resources including monitoring and evaluation on a regular basis of such utilization;
Art.13.7.b (b) The provision by the entity or entities of regular reports to the Conference of the Parties on adequacy and sustainability of funding for activities relevant to the implementation of this Convention;
Art.13.7.c (c) The promotion of multiple-source funding approaches, mechanisms and arrangements;
Art.13.7.d (d) The modalities for the determination in a predictable and identifiable manner of the amount of funding necessary and available for the implementation of this Convention, keeping in mind that the phasing out of persistent organic pollutants might require sustained funding, and the conditions under which that amount shall be periodically reviewed; and
Art.13.7.e (e) The modalities for the provision to interested Parties of assistance with needs assessment, information on available sources of funds and on funding patterns in order to facilitate coordination among them.
Art.13.8 8. The Conference of the Parties shall review, not later than its second meeting and thereafter on a regular basis, the effectiveness of the mechanism established under this Article, its ability to address the changing needs of the developing country Parties and Parties with economies in transition, the criteria and guidance referred to in paragraph 7, the level of funding as well as the effectiveness of the performance of the institutional entities entrusted to operate the financial mechanism. It shall, based on such review, take appropriate action, if necessary, to improve the effectiveness of the mechanism, including by means of recommendations and guidance on measures to ensure adequate and sustainable funding to meet the needs of the Parties.
Art.15 Article 15
Art.15.1 1. Each Party shall report to the Conference of the Parties on the measures it has taken to implement the provisions of this Convention and on the effectiveness of such measures in meeting the objectives of the Convention.
Art.15.2 2. Each Party shall provide to the Secretariat:
Art.15.2.a (a) Statistical data on its total quantities of production, import and export of each of the chemicals listed in Annex A and Annex B or a reasonable estimate of such data; and
Art.15.2.b (b) To the extent practicable, a list of the States from which it has imported each such substance and the States to which it has exported each such substance.
Art.15.3 3. Such reporting shall be at periodic intervals and in a format to be decided by the Conference of the Parties at its first meeting.