SUMMARY OF THE FOURTH SESSION OF THE
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR AN INTERNATIONAL
LEGALLY BINDING INSTRUMENT FOR IMPLEMENTING INTERNATIONAL
ACTION ON CERTAIN PERSISTENT ORGANIC POLLUTANTS: 20-25 MARCH
2000
Chair John Buccini (Canada) opened INC-4 on Monday, 20
March 2000, and welcomed delegates. Jürgen Trittin, German
Federal Minister for the Environment, Nature Conservation and
Nuclear Safety, noted sufficient evidence exists to justify
banning new POPs and urged the chemical industry to rethink
its product policy, noting the highest POPs emissions come
from legally produced chemical products.
Bärbel Dieckman, Mayor of Bonn, encouraged transparency
and open communication to guide the week’s discussions and
reiterated Germany’s offer to locate the future Secretariat
in Bonn.
UNEP Executive Director Klaus Töpfer urged agreement on
eliminating the 12 POPs, stressed that POPs are an example of
exporting the disadvantages of economic growth to developing
countries, and highlighted the importance of a precautionary
approach. He emphasized the importance of technical
assistance, technology transfer and a financial mechanism to
enable active participation of developing countries.
Chair Buccini then introduced, and delegates adopted, the
provisional agenda (UNEP/POPS/INC.4/1). He reviewed the
decisions, milestones and meetings since 1995 in addressing
POPs, and noted that INC-4 needs to address all aspects of the
convention.
Jim Willis, UNEP Chemicals, described intersessional work
undertaken by the Secretariat and related meeting documents.
With regard to ongoing international activities, Willis
overviewed the master list of actions on the reduction and/or
elimination of the releases of POPs (UNEP/POPS/INC.4/INF/5)
and highlighted UNEP actions on POPs, including training and
capacity-building workshops on, inter alia, managing
PCB stocks and addressing stocks of obsolete pesticides.
Delegates agreed to continue with the previously accepted
Bureau for INC-4, comprised of: John Buccini (Canada), Maria
Cristina Cardenas Fischer (Colombia), Mir Jafar Ghamieh
(Iran), Darka Hamel (Croatia), and Ephraim Buti Mathebula
(South Africa).
GENERAL DEBATE
PORTUGAL, on behalf of the EU, stressed the future
convention’s importance and called for caution as the
guiding principle. The US called for a strong and effective
treaty with meaningful controls and eliminations. He supported
setting realistic goals for by-products and assisting
developing countries through existing bilateral and
multilateral mechanisms. He announced a US$500,000 grant to
the GEF/UNEP regionally-based assessment of persistent toxic
substances. CANADA underlined the importance of technology
innovation, pollution prevention, and a sound, science-based
process that exercises precaution in identifying additional
POPs. He announced that CANADA will provide CAN$20 million
over the next five years for capacity-building activities.
INDIA called for assistance that accommodates the differences
in priorities and resources among developing countries. JAPAN
advocated a science-based risk assessment procedure for
listing substances in the treaty and announced a contribution
of US$150,000 to support INC-4 and INC-5.
CHINA underlined the importance of access to technology and
financial resources to ensure developing countries’
participation, and supported a multilateral funding mechanism
similar to that of the Montreal Protocol. CHILE called for,
inter alia, specific time limits and targets depending on
countries’ stages of development, exchange of scientific and
technical knowledge, and creation of regional centers and
certified laboratories. COLOMBIA called for a transparent
financial mechanism and a mechanism to deal with liability and
compensation.
Noting the need to assess the impact of existing POPs on
human health and the environment, ECUADOR stressed the
importance of technical and financial assistance for
implementing mechanisms established under the convention.
VENEZUELA stressed precautionary measures, technical and
financial assistance, technology to address risks and damage,
and an instrument that is flexible and adaptable to all
countries’ needs. Remarking that many developing countries
cannot afford existing alternatives to POPs, THAILAND called
for commitment to technical and financial assistance,
especially from exporting countries. SOUTH AFRICA emphasized
common but differentiated responsibilities. IRAN stressed the
importance of technical and financial assistance. The REPUBLIC
OF KOREA supported using existing mechanisms for technical and
financial assistance. NIGERIA stressed integrating the needs
of developing countries and countries with economies in
transition (EIT) in the future POPs treaty. The RUSSIAN
FEDERATION called for a flexible instrument to enable broad
participation. CAMEROON supported inclusion of the
Precautionary Principle and a flexible procedure for
identifying POPs. NEPAL drew attention to the problem of
illegal entry of banned pesticides.
UNITAR noted progress in the IFCS initiative to develop a
global capacity-building network for chemicals management and
highlighted available guidance and training packages on, inter
alia, risk management, financial resources and planning. The
FAO overviewed ongoing activities on pesticide management. The
INUIT CIRCUMPOLAR CONFERENCE called for financial support
through a simple, effective mechanism. THE INTERNATIONAL POPS
ELIMINATION NETWORK'S WOMEN’S WORKING GROUP emphasized that
POPs are affecting the mental and physical development of
children.
Organizational Matters
Following the opening Plenary, the Implementation Aspects
Group (IAG) and the Negotiating Group (NG) reconvened, and met
through Wednesday, 22 March. The IAG, chaired by Maria
Cristina Cardenas Fischer, met in six sessions and addressed
technical assistance (Article J) and financial resources and
mechanisms (Article K). The NG, chaired by John Buccini, met
in five sessions and addressed measures to reduce or eliminate
(Article D), national implementation plans (Article E),
listing of substances (Article F), information exchange
(Article G), public information, awareness and education
(Article H), and research, development and monitoring (Article
I). The NG established contact groups on by-products and
management and disposal of wastes, and prohibition and
restriction. From Thursday, 23 March, through Saturday, 25
March, delegates met in seven Plenary sessions to continue
discussions on these articles. The Legal Drafting Group,
chaired by Patrick Széll (United Kingdom), met throughout
INC-4.
NEGOTIATION OF THE DRAFT CONVENTION
The following is an article-by-article summary of the
negotiations on the draft convention. Editor’s note:
Respecting the confidential nature of some of the contact
group negotiations, the Bulletin does not use names of
countries and/or groups in parts of this summary.
PREAMBLE (ARTICLE A): On Saturday, Chair Buccini introduced
a Chair's submission on the preamble and suggested it be
included in the draft convention in brackets to provide a
basis for discussion at INC-5. Delegates agreed to this in
principle.
OBJECTIVE (ARTICLE B): On Saturday, Chair Buccini suggested
this article remain unwritten, but that INC-4 report
acknowledgment that there were a number of submissions of text
for the article. He suggested the Secretariat prepare a
compilation document of these submissions for consideration at
INC-5.
DEFINITIONS (ARTICLE C): On Saturday, Chair Buccini noted
that some terms needing definition had been identified and
said defining them would be the task for the legal drafting
group.
MEASURES TO REDUCE OR ELIMINATE (ARTICLE D): Delegates used
text, as contained in the INC-3 report (UNEP/ POPS/INC.3/4),
as the basis for discussion.
Prohibition of the Production and Use of Certain POPs: On
Thursday, the US presented simplified text, on behalf of the
EU, JAPAN, AUSTRALIA, NEW ZEALAND, SWITZERLAND, CANADA and
NORWAY, which, inter alia, adds reference to taking
administrative and other measures, in addition to legal
measures, and moves provisions on import and export to a bis
paragraph addressing destruction of banned substances. The
RUSSIAN FEDERATION, the GAMBIA, IRAN, KUWAIT, URUGUAY, SAUDI
ARABIA, LESOTHO and others advocated retention of import and
export. KUWAIT and THAILAND called for prohibiting
"transit." COLOMBIA supported adding language on the
prior authorization of an importing country with respect to
export for environmentally sound destruction. IRAN proposed
language on stockpile destruction within a territory and any
area under a party's jurisdiction. Buccini established a
contact group to address prohibition and restriction,
co-chaired by Henk Bouwman (South Africa) and Charles Auer
(US).
The contact group met on Thursday and Friday. A number of
proposals were put forward, but delegates were unable to
resolve the trade issue with respect to prohibited substances.
A group of countries proposed language on trade with
non-parties, however, one delegate opposed opening debate on
the issue and said it had not been addressed in Plenary. On a
proposal addressing stockpile destruction in territories and
any area under a party’s jurisdiction, one delegates said
the issue was addressed under the provision on stockpiles in
Article D.
On Saturday, in Plenary, Co-Chair Auer said the group
discussed alternative formulations for addressing import and
export, which are included in a proposed text for the
provision forwarded by the contact group. He noted
introduction of a non-paper, addressing, inter alia, trade
with non-parties to the future convention, which would be
attached to the Co-Chairs’ contact group report.
The EU stressed the importance of addressing trade between
parties as well as trade with non-parties. He outlined the EU
proposal, which addresses: import; export before complete
prohibition and use among parties; export after complete
prohibition; and export to non-parties. He regretted that the
EU’s proposals were not included in the contact group’s
proposed text on procedural grounds, requested the Secretariat
to include the proposals in the compilation of draft articles
of the convention, and insisted the issue be placed on the
INC-5 agenda.
The US said the EU was introducing a new concept with
non-parties and opposed the proposal to restrict trade with
non-parties. He emphasized the importance of legitimate access
to chemicals for which there are continuing use and production
needs for public health and welfare purposes, both before and
after countries become parties to the convention. He proposed
an obligation that would provide valuable information on the
total export and import of POPs.
Buccini said the report of the contact group and all
proposed amendments would be included in an annex to the
report of the meeting and would be a good starting point for
INC-5.
The draft text reflects lack of consensus as to whether
countries will be obligated to prohibit, or take legal
measures necessary to eliminate, production and use of
chemicals listed in Annex A. References to import and export
remain in brackets, as does reference to accessibility of
financial and technical assistance. A bracketed bis paragraph
ensures that once production and use are banned, the chemicals
are not imported or exported except for environmentally sound
destruction or disposal.
Restrictions on the Production and Use of Certain POPs: On
Thursday, the US presented simplified text, on behalf of the
EU, JAPAN, AUSTRALIA, NEW ZEALAND, SWITZERLAND, CANADA and
NORWAY, which, inter alia, adds reference to taking
administrative and other measures, in addition to legal
measures. The contact group on prohibition and restriction
considered, inter alia, insertion of text pertaining to
reporting aspects of Annex B chemicals, including periodic
reporting to the Secretariat of the quantity produced and
quantity imported. On Saturday, Chair Buccini noted the text
going forward to INC-5 would remain unchanged from that
contained in the report of INC-3 (UNEP/ POPS/INC.3/4).
The draft text requires countries to take action on use of
Annex B chemicals, but reflects lack of consensus on
production of Annex B chemicals, and whether countries will be
obligated to prohibit, or take legal and, in brackets, other
measures necessary to eliminate, use of chemicals listed in
Annex B. The text reflects lack of consensus on
"production" of chemicals, which remains bracketed.
Reference to accessibility of financial and technical
assistance also remains bracketed.
Annexes A (Production) and B (Restriction): On Friday, the
contact group on prohibition and restriction also addressed
the control annexes. The contact group considered a proposal
for DDT entry in control for Annex B (restriction) and agreed
to allow DDT only for disease vector control. Delegates agreed
alternatives should, inter alia, include both chemical and
non-chemical alternatives and "must" pose less risk
to the environment and human health than DDT; and be
"comparably cost-effective." The proposal, included
in the contact group’s report, allows for production and use
only for disease vector control and in accordance with the WHO
guidelines on residual house spraying, and when locally
effective and affordable alternatives are not available in a
specific country. The proposal also calls for promoting,
subject to technical and financial assistance, development of
regulatory mechanisms to ensure use is restricted, and
research, as well as development and implementation of
alternatives.
On Saturday, Co-Chair Auer reported on the status of the
control annexes. He said ten chemicals remain in Annex A, two
of which are also listed in Annex B, and noted updates to the
control annexes regarding country-specific exemptions. He said
text was inserted in both annexes regarding DDT and PCBs.
SOUTH AFRICA added language to the text on DDT, which takes
into account the unique circumstances of DDT, including
international recognition of its use, and allows for
production and use only for disease vector control. Co-Chair
Auer noted need for intersessional work and proposed that the
INC consider having the Secretariat request submissions on
country-specific exemptions for production and use, including
the basis for each exemption, the source of the chemical, and
information on production, import, stockpiles, and if
available, on quantity.
Chair Buccini noted that the proposed changes would be
included with the contact group’s report and annexed to the
report of the meeting, but that Annexes A and B, as contained
in UNEP/ POPS/INC.3/4, would be forwarded to INC-5 unchanged.
General Exemptions: On Friday, the contact group agreed on
general exemptions for laboratory research and for trace
contaminants. One group of countries proposed the following
general exemptions: occurring as constituents of articles
manufactured or already in use; use as a closed-system
intermediate that is chemically transformed in the manufacture
of other chemicals; and substances that are in the possession
of an end-user prior to entry into force. A group of countries
opposed these general exemptions. On Saturday, the EU opposed
a separate article for general exemptions and noted the
laboratory scale research exemption could be included in an
existing article or in an annex and that the exemption for
trace contaminants could be included in Annex A or B. He said
exemptions for articles in use and closed-system intermediates
should be specific and granted on a case-by-case basis. He
opposed an end-user exemption, noting it could create a
loophole.
The final text on general exemptions remains unchanged from
UNEP/POPS/INC.3/4 and is included in the draft negotiating
text, with a footnote stating that location of the article is
still to be determined. It includes a general exemption for
laboratory scale research. Location of general exemptions in
the convention remains unresolved.
New Chemicals: On Thursday, the EU, with AUSTRALIA, CANADA,
NORWAY and the US, presented a revised text on addressing new
chemicals. The text, supported by SWITZERLAND, the CZECH
REPUBLIC, NEPAL and VENEZUELA, states that each party having a
regulatory and assessment scheme for new pesticides and
industrial chemicals shall take measures within those schemes
to, in brackets, "avoid," "prevent" and
"regulate" production and use of newly developed
pesticides and industrial chemicals which, taking into
consideration relevant Annex D criteria, exhibit POPs
characteristics. VENEZUELA added, in brackets,
"prohibit," and, with NEPAL, "import" and
"export."
On Saturday, the Plenary agreed to include a provision on
new chemicals in the convention and to remove the brackets
from the paragraph, while retaining internal brackets.
By-Products: On Tuesday, 21 March, delegates began debate
on measures to reduce or eliminate releases of POPs and used
text forwarded by the Legal Drafting Group as basis for
discussion. Much of the debate revolved around the degree of
commitment by parties regarding by-products and whether
ultimate elimination should be the aim. The EU emphasized that
the text should reflect a long-term political commitment to
the ultimate elimination of by-products, arguing that
elimination is not the same as reduction to zero. NIGERIA, the
GAMBIA, CHAD, the PHILIPPINES, ZAMBIA, MALAYSIA and ALGERIA
supported an aim of ultimate elimination. The US said it
understood elimination to mean reduction to zero and said it
is an unrealistic goal. The REPUBLIC OF KOREA, CANADA, JAPAN,
THAILAND, AUSTRALIA, the RUSSIAN FEDERATION, NEW ZEALAND, the
US and CANADA opposed the aim of ultimate elimination. The US
proposed including reference to elimination in the convention’s
preamble and objective. JAMAICA, supported by SOUTH AFRICA and
NEPAL, proposed qualifying ultimate elimination with
"where realizable." GREENPEACE INTERNATIONAL urged
delegates to appreciate that "the future of the planet is
in your hands." He expressed alarm at those delegates who
opposed elimination, and suggested that the comments, mainly
from JUSCANZ, were based on political rather than technical
considerations.
NORWAY, supported by the EU, ICELAND, SOUTH AFRICA and
MALAYSIA, proposed text promoting the use of available
substitute materials, products, techniques and other
strategies. NIGERIA proposed a separate obligatory provision
on requiring use of substitute materials. AUSTRALIA, with the
REPUBLIC OF KOREA, supported reference to releases derived
from anthropogenic sources.
On best available techniques (BAT), ICELAND preferred
reference to "best available prevention strategies for
by-products" and provided a detailed definition. Noting
that more aggressive action could be taken on new sources,
CANADA urged differentiating between new and existing sources.
NORWAY supported requiring BAT for all new major sources.
JAPAN supported establishing major source inventories, which
the COP could possibly identify. AUSTRALIA supported
identifying sources in the convention. THAILAND emphasized
difficulties in promoting control measures without financial
commitments, techniques and expertise.
Regarding definition of terms, SOUTH AFRICA, URUGUAY,
ARGENTINA, the RUSSIAN FEDERATION and BRAZIL called for
clarification of the term "by-products." NEW ZEALAND
distinguished between "unintentional" and
"unwanted" by-products. Chair Buccini established a
contact group, chaired by Halldor Thorgeirsson (Iceland), to
address: bracketed chapeau language regarding elimination;
proposals on substitute materials; BAT; and Annex C.
The contact group met from Tuesday through Thursday and
spent considerable time on the provision’s chapeau,
regarding the aim of ultimate elimination. Some delegations
could not accept an aim of ultimate elimination without
qualification. The group decided to base discussions on a
proposal, which included qualifying "ultimate
elimination" with "where feasible." Many
countries agreed that adding a qualifier to elimination was
necessary. Noting lack of clarity on "feasible," one
developing country proposed elimination should be
"technically and economically feasible." Others
understood the term "feasible" to include these
considerations. It was suggested that the Legal Drafting Group
could examine the term "feasible" or language that
would reflect these considerations. A group of countries
proposed language on reducing "total" releases, but
others disagreed and said this was ambiguous. No agreement was
reached on the chapeau language.
Regarding material substitution, the group felt the term
"substitution" unnecessarily limited the available
management strategies for materials. The group agreed that
further elaboration was necessary for the terms
"by-products" and "best available
techniques."
On Friday, Plenary heard a final report from contact group
Chair Thorgeirsson. He said the group did not discuss whether
to include reference to technical and financial assistance,
and reached no consensus on the chapeau. He noted agreement on
using an EU proposal for Annex C as the basis for further
discussions at INC-5, debate on distinguishing between new and
existing sources with respect to BAT application, an EU-submitted
definition of BAT, and disagreement on whether to include a
listing of major source categories. Delegates commented on the
results of the contact group.
The SEYCHELLES, the EU, MALI and NEPAL opposed qualifying
"ultimate elimination." CANADA and the RUSSIAN
FEDERATION said a qualification was necessary if elimination
language was to be considered. The US and ARGENTINA said they
would consider elimination language with a qualifier. NORWAY
and CANADA said parties should require BAT use for new
sources. The US agreed, on the condition that Annex C include
a list of major source categories. AUSTRALIA, the REPUBLIC OF
KOREA and ARGENTINA emphasized that BAT is a relative term.
NIGERIA recalled her proposal on material substitution.
JAMAICA expressed concern with the phrases
"by-product," "anthropogenic sources" and
"major source categories." Buccini noted the need to
define these terms, as well as BAT.
The final draft text states parties shall at a minimum [aim
to] take measures to reduce the [total] releases derived from
anthropogenic sources of [each of] the POPs listed in Annex C
with the aim of their continuing minimization. The text
reflects that no consensus was reached on whether to include
an aim of "ultimate elimination," whether to qualify
elimination with "where feasible" or whether further
qualification would be necessary with where "technically
and economically feasible." These references remain
bracketed, as well as reference to implementing measures,
consistent with capacity and subject the availability of
technical and financial assistance. A footnote states that
"total" needs further clarification.
The text includes control measures and calls for promoting
application of measures that can achieve a realistic and
meaningful level of release reduction and/or source
elimination by feasible and practical means. On control
measures, the text states that parties shall: promote
development and use of [substitute] materials, products and
processes; and [require] [promote] the use of BAT [and/or
other prevention strategies] for new sources within major
source categories [identified in a list in Annex C] [and for
which Annex C specifies that BAT exist] taking into
consideration the general guidance on release reduction
measures given in [Annex C] and the guidelines on BAT
developed by the COP. Regarding existing sources, reference to
other prevention strategies remains bracketed as well, as does
reference to listing major source categories in Annex C. A
provision on national action plans and elements to be included
in such a plan remains bracketed as well.
Management and Disposal of Wastes: On Wednesday, delegates
began discussion of the draft text, which contained a
provision on management and disposal of wastes and a separate
bracketed provision on destruction of stockpiles and wastes.
Regarding managing and disposal, the US opposed including
language on taking action consistent with capacity and subject
to the availability of technical and financial assistance.
CHINA, the GAMBIA, IRAN, MALI, the DOMINICAN REPUBLIC, BURKINA
FASO and others supported retaining this language. SOUTH
AFRICA, supported by the SEYCHELLES, proposed a separate, more
general paragraph on technical and financial assistance. Many
countries, including KAZAKHSTAN, VENEZUELA, SEYCHELLES,
INDONESIA, TANZANIA and SAUDI ARABIA, supported a paragraph on
assisting those with less capacity for cleaning up
contaminated sites, managing and destroying wastes, and
implementing measures to reduce and/or eliminate releases.
JAPAN, the US and CANADA opposed such a provision. The EU
proposed text which, inter alia: streamlines the provisions on
waste and stockpiles; calls for managing stockpiles, products,
articles and wastes in a manner that protects human health and
the environment; provides for developing inventories of
stockpiles; and deletes reference to technical and financial
assistance, the Basel Convention and assistance for cleanup of
contaminated sites.
On destruction of stockpiles, CANADA, AUSTRALIA and the US
proposed deleting this provision. The DOMINICAN REPUBLIC and
CHINA noted the need for consistency with the Basel Convention
without affecting the rights of non-Parties. The LATIN
AMERICAN PESTICIDES ACTION GROUP urged delegates to, inter
alia, stop the transfer of obsolete technologies for treatment
of stockpiles. Chair Buccini established a contact group,
chaired by Peter Hinchcliffe (UK), to further consider these
issues.
On Thursday, Hinchcliffe introduced the revised text
forwarded by the contact group, which, inter alia, streamlines
stockpiles and wastes into one provision, and, regarding
disposal, calls for consistency with the Basel Convention,
where appropriate.
On Friday, in Plenary, delegates commented on the text
forwarded by the contact group. INDONESIA, VENEZUELA, PAKISTAN
and IRAN called for removing brackets from the reference to
technical and financial assistance. NORWAY noted that
stockpiles are also being considered under prohibition of
production and use, and called for consistency. On destruction
of wastes, ARGENTINA, with the US, bracketed text on
destruction or alteration to reaction products that do not
exhibit POPs properties. Many delegations, including NORWAY,
the EU, VENEZUELA, IRAN, INDIA, COLOMBIA, POLAND and CHINA,
supported bracketing reference to the Basel Convention.
COLOMBIA called for clear language on wastes specific to the
POPs convention. ARGENTINA, CANADA, NEW ZEALAND and the US
supported reference to consistency with the Basel Convention.
The paragraph was bracketed. On identifying contaminated
sites, in response to opposition to qualifying remediation
with "if feasible and practical," NEW ZEALAND said
that requiring remediation may create a perverse incentive and
that parties may be deterred from identifying sites. Contact
group Chair Hinchcliffe noted varying degrees of technical
feasibility, and said contamination of a site may not only be
from POPs. Delegates agreed to retain the qualifier. The
PHILIPPINES said parties should be required to develop
strategies for identifying sites. The Legal Drafting Group was
instructed to address legal implications of reference to the
Basel Convention.
On Saturday, Legal Drafting Group Chair Patrick Széll
reported on the Group’s consideration of the provision’s
relationship with the Basel Convention. He commented that the
issue has strong policy overtones and advised that, given the
complexity of the issue, the INC should request the
Secretariat to prepare and circulate an analysis for
deliberation at INC-5.
The draft article provides for control measures in order to
ensure that stockpiles and wastes, and products and articles
upon becoming wastes, are managed in a manner protective of
human health and the environment. Language on undertaking the
measures consistent with capacities and subject to the
availability of technical and financial assistance remains
bracketed. These measures include managing existing stockpiles
of Annex A and B chemicals in a careful and efficient manner;
and identifying products and articles still in use, in
particular stockpiles and wastes. Brackets remain around the
provision on taking measures to ensure they are handled and
stored in an environmentally sound manner, and managed so that
POPs content is destroyed or altered to reaction products
without POPs characteristics, or destroyed in a manner
consistent with the Basel Convention. The text also includes a
provision calling on parties to [endeavor to] develop
appropriate strategies for identifying contaminated sites and,
if remediation of these sites is considered feasible and
practical, to ensure that such remediation is performed in an
environmentally sound manner. The text also states that the
terms "waste," "disposal," and
"environmentally sound" shall be defined as in the
Basel Convention.
NATIONAL IMPLEMENTATION PLANS (ARTICLE E): On Tuesday,
delegates considered the article on national implementation
plans. Many delegations, including TANZANIA, IRAN, LESOTHO,
CHINA, ECUADOR, MALAYSIA and CHILE, supported retaining
language on developing national implementation plans (NIPs)
consistent with capabilities, and subject to the accessibility
of financial and technical assistance. COLOMBIA, CANADA, the
REPUBLIC OF KOREA, the US, ICELAND and VENEZUELA called for
consistency between NIPs and the action plans relating to
reduction of by-products. CANADA remarked that national plans
are mandatory and regional plans supplementary. The GAMBIA
proposed reference to sub-regional plans. The EU suggested
removing the requirement for regional economic integration
organizations to develop regional implementation plans.
Many countries suggested that NIPs should be developed
within one year of the convention’s entry into force, while
POLAND, supported by the RUSSIAN FEDERATION, the REPUBLIC OF
MOLDOVA and LESOTHO, supported a two-year period. Delegates
agreed that the COP should not determine the plans’ schedule
or format, and deleted reference to this.
While some delegations, including JAPAN, CANADA, the
REPUBLIC OF KOREA, ICELAND and TANZANIA suggested parties
"may" cooperate with competent international,
regional and sub-regional organizations in developing,
updating and implementing plans, others, including the GAMBIA,
MALAYSIA, LESOTHO and ECUADOR, preferred "shall."
JAMAICA, supported by WHO, added reference to cooperating with
national stakeholders.
On Saturday, Legal Drafting Group Chair Széll presented a
revised draft text. He suggested replacing bracketed reference
to the requirement to "cooperate with" stakeholders
with "consult." Following the GAMBIA’s query
regarding the lack of reference to the role of women, Chair
Buccini noted that it would be included in the record of the
meeting. SOUTH AFRICA recalled its proposal to replace the
qualifier referring to accessibility to financial and
technical assistance, with "as appropriate."
The draft article states that parties shall develop
national plans, with bracketed options for sub-regional or
regional plans. Bracketed options are provided for the plans
to be completed within one or two years of entry into force.
The article calls on parties to cooperate at the
international, regional and sub-regional levels to facilitate
development of such plans, with bracketed text relating to
consultation with stakeholders.
LISTING OF SUBSTANCES IN ANNEXES A, B AND C (ARTICLE F): On
Wednesday, delegates discussed listing new substances. Debate
revolved around the Precautionary Principle, use of the term
"observer" and the procedure for setting aside a
proposal. The EU, supported by NORWAY, the RUSSIAN FEDERATION
and IRAN, proposed that a decision to set aside a proposal be
taken by the COP. The US and AUSTRALIA said the committee
should be given authority to take a such a decision on
rejecting a proposal.
On the role of observers, JAPAN, IRAN and COLOMBIA
requested defining and listing "observers." The US
proposed developing language to ensure observer participation,
highlighting the role of industry. COLOMBIA expressed concern
with the US’s undue emphasis on industry.
On application of criteria, JAPAN proposed applying
screening criteria in a "preventative," rather than
a "flexible" manner. Regarding the Precautionary
Principle, NORWAY, the GAMBIA, MALI, ECUADOR and others
supported its inclusion in the article. The EU agreed with
taking a precautionary approach and proposed a separate
paragraph be inserted to reflect this approach. IRAN proposed
including a definition of the Precautionary Principle in the
convention. The RUSSIAN FEDERATION highlighted the
contradiction between applying the Precautionary Principle and
scientific criteria. The US noted no internationally agreed
definition of the Precautionary Principle exists. The US, the
RUSSIAN FEDERATION and JAPAN preferred a reference in the
preamble. CANADA and AUSTRALIA expressed their support for the
concept of a precautionary "approach," but did not
support introducing the concept in the article. Highlighting
the dangers of POPs, the SUSTAINABLE DEVELOPMENT POLICY
INSTITUTE and the WORLD WIDE FUND FOR NATURE urged delegates
to take a precautionary approach in applying criteria for
listing new substances.
On Saturday, Legal Drafting Group Chair Széll reported on
the Group’s work. He noted two possible types of observer
involvement. On making information available to observers, he
suggested the Internet could be used as a method of
communicating information to the public at large. On direct
involvement of observers in the provision of information, he
suggested clear indication of who would be invited to submit
information. ARGENTINA requested deleting reference to
observers.
The final text contains seven paragraphs outlining the
procedure for adding new chemicals. The procedure states that
any party may submit a proposal to the Secretariat for listing
a substance in the annexes on prohibition, restriction and/or
by-products and that the proposal must contain information
required by the annex on screening criteria (Annex D). The
Secretariat would then forward the proposal to the POPs review
committee if the criteria are met. On applying criteria in a
transparent and integrative manner, references to
"flexible" and "preventative" remain
bracketed, as does reference to the Precautionary Principle.
The article also provides for preparation of a risk profile,
and preparation of a risk management evaluation, including an
analysis of possible control measures for the substance in
accordance with the annex on socioeconomic considerations. The
text states that, based on the risk profile and the
risk-management evaluation, the review committee will
recommend whether the substance should be considered by the
COP for listing under the convention. A provision states that
the COP will decide whether to amend Annex A, B and/or C to
list the substance and related control measures. References to
"observers" remain bracketed throughout the article.
An additional bis paragraph remains in brackets and states
that lack of scientific certainty due to insufficient relevant
scientific information and knowledge regarding a substance
shall not prevent the process set out above, from proceeding
and shall not prevent the listing of substances in Annexes A,
B and/or C.
Information Requirements and Criteria for the Proposal and
Screening of Proposed POPs (Annex D): In Plenary on Thursday,
delegates discussed the information requirements and screening
criteria that parties proposing additional POPs are to
provide. With regard to the criteria for persistence in water,
many countries, including the EU, SWITZERLAND, NORWAY, the
RUSSIAN FEDERATION, POLAND, SOUTH AFRICA, INDONESIA, MALAYSIA,
PAPUA NEW GUINEA and KUWAIT, supported a half-life greater
than two months, while the US, CANADA, INDIA, MOLDOVA, the
REPUBLIC OF KOREA, JAPAN, AUSTRALIA and others supported a
half-life in water of six months. VENEZUELA remarked that, in
tropical conditions, a two-month half-life could be too long.
On the bioaccumulation criteria, the EU, SWITZERLAND,
NORWAY, the RUSSIAN FEDERATION, POLAND, INDONESIA, MALAYSIA,
PAPUA NEW GUINEA, and KUWAIT supported a log Kow greater than
4, and the US, CANADA, MOLDOVA, INDIA, the REPUBLIC OF KOREA,
JAPAN, AUSTRALIA and others opposed, expressing their support
for a log Kow greater than 5.
On the adverse effects criteria, the EU called to specify
that evidence be of adverse effect "on human health and
the environment." On whether parties proposing POPs would
need to provide toxicity data and/or other evidence, the EU
and INDONESIA preferred "or," while AUSTRALIA
preferred "and/or." Delegates agreed to delete text
stating that information on adverse effects will be considered
a crucial element for the analysis of environmental and health
costs.
On criteria for a "criteria summary," the EU
proposed that parties be "encouraged to" submit such
a statement, the REPUBLIC OF KOREA supported
"should," and CANADA, the US, AUSTRALIA and MOLDOVA
preferred "shall," with the understanding that this
would be "where possible." Several countries,
including the EU, CANADA, AUSTRALIA and CAMEROON, suggested
alternative names for the summary such as a "rational
statement" or ''reasons for concern." Some
delegates, including the EU and JAPAN, supported deleting a
requirement for the statement to demonstrate "the need
for global control," and others, including KUWAIT, CANADA
and AUSTRALIA, opposed. Chair Buccini proposed "a short
statement indicating the need for global control."
The text of the annex states that parties shall provide
information on the substance and its transformation products
relating to criteria on persistence, bioaccumulation,
potential long-range environmental transport and adverse
effects. On persistence, the text contains bracketed options
for a half-life in water of two or six months. With regard to
bioaccumulation in aquatic species, the text calls for a
bioaccumulation factor greater than 5,000 or a log Kow greater
than, in brackets, 4 or 5. It states that "the party
proposing POPs [should] [shall] [is encouraged to] provide a
[rationale] or [statement of concern] including, where
possible, a comparison of toxicity or ecotoxicity data with
predicted levels of a substance resulting or anticipated from
long-range environmental transport and [a short statement
indicating the need for global control]." Finally, it
states the proposing party shall, to the extent possible and
taking into account its capabilities, provide additional
information to support the review of the proposal.
Information Requirements for the Risk Profile (Annex E): On
Thursday, POLAND, AUSTRALIA and JAPAN made minor modifications
to the text, resulting in "clean" text. There was no
further discussion or debate on this annex. Annex E details
information requirements for a POPs candidate that has
fulfilled the screening criteria and is the basis of which the
POPs review committee prepares a risk profile to determine
whether the candidate should proceed to the risk management
stage.
Information on Socioeconomic Considerations (Annex F): On
Thursday, Chair Buccini remarked that the text on Annex F is
"clean," and delegates did not consider it at INC-4.
Annex F details information on socioeconomic considerations to
be applied to the evaluation of control measures for a POPs
candidate as part of a risk management evaluation to determine
whether the substance should be listed under the convention.
INFORMATION EXCHANGE (ARTICLE G): In the NG on Wednesday,
several countries, including JAPAN, CANADA, the US, BRAZIL and
the RUSSIAN FEDERATION, supported text reflecting that
information exchange should be in a manner consistent with
national laws, regulations and practices. Others, including
LESOTHO, KUWAIT, INDONESIA, MALAYSIA and the EU, opposed such
text. IRAN called for language on exchanging information in a
transparent and non-discriminatory manner, and CANADA and the
US agreed, contingent on retaining reference to consistency
with national laws. With regard to cost-effective
alternatives, the US, with MALAYSIA, proposed language on
including information relating to risks, as well as economic
and social costs. Several countries, including the GAMBIA,
BURKINA FASO and MALAYSIA, called for deleting the paragraph
on confidential information, but JAPAN and the US opposed. The
RUSSIAN FEDERATION, VENEZUELA and KUWAIT called for clarity on
the scope of "safety" information not to be regarded
as confidential. The GAMBIA, with the ORGANIZATION FOR
PROHIBITION OF CHEMICAL WEAPONS, called for clarification that
information would be exchanged through the POPs national focal
point. SOUTH AFRICA asked for clear definition of the
clearing-house mechanism (CHM).
The text states that each party "shall in a
[transparent and non-discriminatory manner] [manner consistent
with their laws, regulations and practices], [create
conditions favorable to] [facilitate] or [undertake] the
exchange of information relevant to the reduction or
elimination of the production, use and release of POPs and
alternatives, including information relevant to their risks as
well as to their economic and social costs."
It further states that each party shall designate a
national focal point for information exchange and that the
Secretariat shall serve as a clearing-house mechanism for
information on POPs, including information provided by
parties, international organizations and NGOs. In brackets, it
states that "parties shall protect any confidential
information as mutually agreed, and that for the purposes of
the convention, human and environmental health and [chemical]
safety information shall not be regarded as confidential.
PUBLIC INFORMATION, AWARENESS AND EDUCATION (ARTICLE H): On
Tuesday, delegates considered the article on public
information, awareness and education. POLAND, with the RUSSIAN
FEDERATION and INDIA, supported deleting chapeau language
stating that parties’ actions be carried out consistent with
parties’ capabilities, and the GAMBIA, the REPUBLIC OF KOREA
and BRAZIL opposed. SOUTH AFRICA suggested alternative
language taking into account common but differentiated
responsibilities, respective capabilities, and specific
national and regional development priorities and
circumstances. JAPAN, with CANADA, the RUSSIAN FEDERATION, the
US, CHINA, INDIA and BRAZIL, supported promotion and
facilitation of the article’s provisions in accordance with
national laws and regulations. The US, supported by URUGUAY,
suggested that information be provided if
"available," and proposed removing bracketed text
referring to specific types of information. The EU proposed a
streamlined version of the article, which includes reference
to providing information relevant to the convention, deletes
sub-sections referencing specific types of information, and
deletes reference to "in accordance with national laws
and regulations." IRAN, with ETHIOPIA, ECUADOR and
THAILAND, expressed concern over the EU’s proposed removal
of the sub-sections. URUGUAY opposed the removal of a
sub-section relating to the provision of information on POPs
by industry and professional users. CANADA, with ARGENTINA,
BRAZIL, ECUADOR, CHILE, VENEZUELA and THAILAND, called to
retain the sub-section, as well as "in accordance with
national laws and regulations." The GAMBIA suggested
governments should "ensure" rather than
"encourage" industry to fulfill the specified
obligations, and proposed reference to women, children, and
workers. ARGENTINA recommended retaining reference to
alternative methods and to integrated pest management (IPM).
VENEZUELA emphasized the need for civil society’s
participation and for POPs substitutes.
On Saturday, Legal Drafting Group Chair Széll presented a
revised draft text, which included two options for the
article. He requested clarity on: the scope of the
"relevant" information to be provided; the ambiguity
relating to whether information should be provided
"on" or "to" those who produce, use and/or
release POPs; and the nature of the "existing
bodies" that parties should use, inter alia, in the
development and implementation of education and training
programmes. Recalling Plenary discussions, the US, the RUSSIAN
FEDERATION and VENEZUELA questioned why the qualifier on
providing information in accordance with national laws and
regulations, was bracketed. Following intervention by the EU
in favor of retaining the text, Chair Buccini stated that the
text remains bracketed. Recalling agreement of Plenary to
refer to "available" information, the US and
VENEZUELA expressed concern that this was not reflected in the
second option. SOUTH AFRICA, with the RUSSIAN FEDERATION,
queried the omission of reference to specific requirements on
the role of industry and other groups. Széll responded that
the Legal Drafting Group had considered that these elements
are covered in the revised text.
Both options of the draft article require parties to
promote and facilitate the provision of information on POPs to
the public, including information on the assessment of hazard
and risk, pollution prevention, risk reduction, economic and
social impacts, integrated pest management, and alternative
products and practices, including their accessibility and
relative costs and processes. Pending removal of brackets,
both options also require Parties to "encourage" or
"ensure that" industry and professional users
promote provision of relevant information; and to promote at
the international level the development and exchange of
educational and public awareness materials, and training
programmes, on POPs. The first option requires parties to
promote and facilitate the provision of information on the
above activities.
The second option requires parties to promote and
facilitate, inter alia: development and implementation of
educational and public awareness programmes on POPs; public
participation in relevant fora that address POPs; training of
scientific, educational, technical and managerial personnel,
with bracketed reference to workers; enhancing awareness among
policy-makers; and training on ways to reduce the effects of
POPs.
RESEARCH, DEVELOPMENT AND MONITORING (ARTICLE I): On
Tuesday, delegates considered the article on research,
development and monitoring. The EU proposed streamlining the
article to emphasize key elements, including: chemical and
non-chemical alternatives; monitoring levels in the
environment; effects on human health and the environment; and
social, cultural and economic factors. POLAND, JAPAN and the
RUSSIAN FEDERATION supported retaining the provision on
monitoring and assessing releases, persistence and long-range
transport based on modeling, and harmonizing or standardizing
methodologies. The US proposed that parties shall
"encourage" research, development and monitoring,
and that brackets be lifted from references to IPM,
non-chemical alternatives, and harmonization of methodologies
and techniques. The US called for public availability of
research and monitoring results "where appropriate."
IRAN supported making results publicly "accessible."
CANADA proposed developing a harmonized global monitoring
programme, implemented on a regional basis, to detect changes
in POPs concentrations in the environment, utilizing existing
programmes as much as possible. COLOMBIA, INDONESIA, POLAND,
the FORMER YUGOSLAV REPUBLIC OF MACEDONIA, JAMAICA and the US
generally supported such a programme. The EU questioned the
need to establish a formal mechanism, noting the Canadian
proposal would be costly. CANADA responded that the programme
constituted a legitimate activity for capacity building
resource allocation.
On Saturday, the Plenary discussed a revised draft text
submitted by Legal Drafting Group Chair Széll, who noted
that, with advice from the FAO, "agricultural
practices" had been amended to "good agriculture
practices." To ensure consistency in the text, reference
to "indigenous control" of human disease vectors was
changed to "indigenous knowledge and practices."
Széll proposed deletion of the reference to the control of
human disease vectors, since this was not an example of good
agricultural practices as suggested in the text. Noting
problems in understanding the requirement to undertake and/or
promote research, development and/or monitoring on methods for
evaluating how to use estimates to structure future
obligations, he proposed deleting the requirement. In
discussion on the Legal Drafting Group draft, JAMAICA proposed
reference to "cultural" knowledge and practices.
CANADA suggested moving the provision on a harmonized global
monitoring system to a separate article on monitoring.
Pending removal of brackets, the draft article states that
parties shall encourage and/or undertake research,
development, monitoring and cooperation on POPs, including on:
releases, persistence in different media, long-range transport
and deposition levels and their modeling; pollutant pathways
and inventories in representative ecosystems; effects on human
health and the environment; monitoring levels in the
environment and in humans; best available technologies and
practices; possible alternatives; and levels of the chemicals
listed in Annexes A, B or C contained as contaminants in other
substances. Parties are required, inter alia, to support
international efforts to strengthen national scientific and
technical research capacities, and make the results of
research and monitoring programmes either publicly
"available" or "accessible;" each of these
terms is bracketed.
TECHNICAL ASSISTANCE (ARTICLE J): On Monday, the IAG
commenced discussions on technical assistance based on the IAG
Bureau’s compilation text on technical assistance and
financial resources and mechanisms (UNEP/POPS/INC.4/3).
Regarding a paragraph recognizing technical assistance as
essential to implementation of the convention, and calling on
parties to cooperate to provide technical assistance, the EU
specified technical assistance "upon request." On a
paragraph listing types of assistance to be provided, the US,
supported by CANADA and MICRONESIA, said the list should be
illustrative, not exhaustive. Delegates agreed to a Canadian
proposal to make the list more action oriented and to
cross-reference relevant articles. BRAZIL proposed a provision
for assistance in identifying and recovering contaminated
sites. On assistance for training decision makers, managers
and personnel responsible for collecting data regarding the
effect of POPs, CANADA proposed amending the text to include
data collection and analysis required by its proposed
harmonized global monitoring programme to be established under
Article I. The US suggested including the effects of POPs
alternatives.
Regarding assistance for strengthening training and
research capacity at the national and regional level for
introducing alternatives to POPs, the EU specified
"identifying and" introducing alternatives. The US
suggested it should be for monitoring POPs releases, reducing
the use of POPs, and identifying and developing
environmentally sound alternatives to POPs. ZAMBIA proposed
amending the US suggestion to provide for continuous reduction
of POPs. SOUTH AFRICA noted the African Group’s proposal is
for "assistance for training and research capacity,"
not its "strengthening." CANADA proposed "to
develop and strengthen."
On Tuesday, delegates considered a revised text. On the
paragraph calling on parties to provide technical assistance,
CAMEROON stressed including language on developing and
strengthening infrastructure. The EU specified
"institutional infrastructure." CAMEROON opposed,
noting a broader need for infrastructure.
The IAG agreed on broad chapeau language introducing a list
of types of technical assistance, but did not agree on
references to assistance being provided by "developed
countries" or "as mutually agreed." The IAG
bracketed text on assistance to compile inventories and
release registers due to the related discussions under Article
D. The group agreed on assistance to develop and implement
NIPs taking into account national priorities. Regarding
assistance to develop and strengthen training and research
capacity for monitoring POPs releases, continuously reducing
the use of POPs, and identifying, developing and introducing
environmentally sound alternatives, AUSTRALIA proposed
"maintain efforts to reduce." The PHILIPPINES, with
PAKISTAN, preferred language referring to elimination. CANADA,
supported by the US, proposed "maintaining efforts to
reduce or eliminate use." The EU supported retention of
"continuously." CANADA proposed "maintaining
efforts to continuously reduce or eliminate." Delegates
accepted the Canadian proposal in brackets.
Regarding assistance to destroy existing stockpiles of
obsolete POPs, the US, supported by the EU, called to bracket
text in order to allow consideration of related initiatives
and agreements, including the Basel Convention. Noting that
not all developing countries are Parties to the Basel
Convention, CAMEROON opposed bracketing the text and
underscored that technical assistance be provided to
"identify and" destroy existing stockpiles. The IAG
accepted adding "identify and" but bracketed the
provision, as well as a provision on assistance to identify
and decontaminate sites affected by POPs, pending outcomes on
Article D. BRAZIL, INDIA and CHINA bracketed assistance to
facilitate private sector involvement.
Regarding assistance to promote access to, and transfer of,
clean and environmentally sound technologies, as mutually
agreed and in accordance with national legislation, MICRONESIA
supported deleting the reference to national legislation. The
PHILIPPINES proposed referring to assistance to promote access
to and the transfer of cleaner and/or ESTs appropriate or
suitable under local conditions. The IAG agreed to this,
excluded the reference to national legislation and retained
"as mutually agreed" in brackets.
On modalities for providing technical assistance, CANADA
proposed draft text for a "Capacity Assistance
Network" (CAN) to coordinate available resources and
demand for POPs activities. AUSTRALIA, SWITZERLAND and NEW
ZEALAND supported the proposal. INDIA called to bracket text
within the proposal referring to private sector involvement.
MICRONESIA supported such a mechanism, but preferred a CHM
capable of providing funds and, with CAMEROON, suggested a new
article on a CHM.
In Plenary on Thursday, the US said it would remove
brackets from a provision requiring parties to cooperate to
provide technical assistance through recognizing the rendering
of assistance upon request is essential to implementing the
convention, provided conditions for financial and technical
assistance attached to other requirements in the convention
were removed.
In considering the same provision on Friday, CANADA, with
others, supported removing brackets to encourage removal of
conditions of technical and financial assistance attached to
obligations in other articles. The US supported retaining
brackets until such conditions are removed. SOUTH AFRICA
opposed removal of conditional language in other articles.
Concerning rendering assistance "upon request," the
US proposed, and the Plenary agreed, to substitute "in
response to requests from developing parties and parties with
EIT." The US agreed to remove the provision’s brackets
conditional upon inclusion of a note in the record indicating
the issue can be revisited if the conditions attached to
obligations are not removed.
Regarding the general requirement on parties to cooperate
to provide technical assistance for development and
strengthening of institutional infrastructure and capacities
to implement obligations, BRAZIL, with CHINA, ETHIOPIA,
LESOTHO, COLOMBIA, on behalf of the Latin American and
Caribbean Group (GRULAC), and MALAYSIA, supported replacing
"parties" with "the developed country
parties." SOUTH AFRICA, LESOTHO, ETHIOPIA, MALAYSIA,
MICRONESIA, THAILAND, the PHILIPPINES, INDONESIA and others,
supported deletion of "to cooperate." Several
delegations, including SOUTH AFRICA, GRULAC and MICRONESIA,
opposed specifying "institutional infrastructure."
THAILAND stressed imposing obligations on exporting parties.
GRULAC supported requesting parties to provide assistance to
developing countries and EIT countries, taking into account
the particular needs of these countries in order to assist
them to develop and strengthen their capacities.
Regarding the chapeau introducing types of assistance,
stating that the assistance to be provided by developed
country parties shall include, inter alia, "as
appropriate" and, "as mutually agreed,"
technical assistance for capacity building, JAPAN supported
removing brackets from "as mutually agreed." The
PHILIPPINES said "as mutually agreed" is a means to
avoid obligations. NEW ZEALAND, supported by JAPAN, the US,
CANADA and the CZECH REPUBLIC, proposed replacing
"developed country" with "developed country
parties and other parties in accordance with their
capability." The G-77/CHINA opposed this.
On assistance to identify and destroy existing stockpiles
of obsolete POPs, ETHIOPIA preferred assistance "to
identify, inventory and destroy." On assistance to
promote access to and transfer of appropriate clean and
environmentally sound technologies, the PHILIPPINES, supported
by AUSTRALIA and opposed by BRAZIL, called to delete the
reference to access.
With regard to text on a Capacity Assistance Network (CAN),
COLOMBIA remarked that the concept merits discussion, but that
INC-4 is the first time such a proposal has been put forward
and she would prefer to postpone discussion to allow time for
consideration of the topic. CANADA agreed that the proposal
for the CAN is complex due to its intent to coordinate the
multiplicity of actions being taken on POPs with the needs of
developing countries, and supported allowing time for thought,
given the complexity and importance of the proposal. Delegates
agreed to bracket the text and to separate it from Article J
and call it "J bis."
The final revised text for Article J contains a broad
obligation of commitment, specific areas requiring assistance
and modalities for providing the assistance. Text requiring
reconciliation with other articles is bracketed. The general
obligation provides that the parties recognize that rendering
of timely and appropriate technical assistance in response to
requests from developing country parties and EIT parties is
essential to successful implementation of the convention. It
stipulates that "[the developed country] parties shall
[undertake to] [cooperate with] developing country parties and
parties with EIT to provide technical assistance, taking into
account their particular needs, to develop and strengthen
their capacities."
A chapeau introduces the specific areas requiring
assistance and states that "provision of assistance by
[developed country] parties and other parties in accordance
with their capability shall include, inter alia, as
appropriate, [and as mutually agreed], technical assistance
for capacity building in those areas.
Thirteen types of technical assistance are listed under the
chapeau. The areas without brackets are:
Review in cooperation, as appropriate, with relevant
international organizations, available infrastructure
capacity and institutions at different levels and to examine
needs and options for strengthening them;
Train decision makers, managers and personnel responsible
for the collection and analyses of data regarding effects of
POPs and their alternatives, including with respect to
collection and analysis required by the harmonized global
monitoring programme established under Article I;
Assist in developing, implementing and enforcing
regulatory controls;
Strengthen capacity to meet reporting requirements under
Article L;
Promote awareness-raising and information-dissemination
programmes; and
Effect a transition to sustainable alternatives.
The types of technical assistance containing internal
and/or external brackets are:
Compile inventories and release registers;
Develop and strengthen training and research capacity at
various levels for monitoring POPs releases, either
"maintaining efforts" towards or
"continuously" reducing or eliminating POPs use
and promoting environmentally sound alternatives;
Identify, inventory and destroy existing stockpiles of
obsolete POPs;
Identify and premeditate sites affected by POPs;
Facilitate private sector involvement; and
Promote access to and the transfer of clean and
environmentally sound technologies and related know-how and
rights.
Regarding the modalities for providing assistance, the text
provides "the parties shall establish arrangements for
the purpose of providing technical assistance [the transfer of
technologies] to developing countries and EIT countries.
[These arrangements shall include regional and sub-regional
centers for capacity-building and transfer of technology to
assist developing country parties and EIT parties.]" It
also states that "[the national reporting under Article L
shall include information relevant to Article J’s
implementation]." Canada's proposal for the CAN appears
in brackets in the text as "draft Article J bis." It
provides that the Secretariat shall, under supervision of the
COP, perform a CAN function that shall:
Identify and maintain an inventory of sources of
technical assistance available for activities relevant to
the convention’s implementation;
Maintain an inventory of requests by developing country
parties and EIT parties for technical assistance under the
convention;
Assist parties to identify and give advice on the
requirements for accessing technical assistance sources and
foster linkages between the inventory of sources and
requests;
Maintain information on experts in managing POPs and
their alternatives;
Facilitate private sector and other NGO involvement in
providing technical assistance; and
Identify and alert the COP to requests for assistance not
being met.
In the final Plenary, CANADA, supported by the CZECH
REPUBLIC, proposed that the Secretariat conduct intersessional
work on the cost of the CAN, with assistance from Canada.
FINANCIAL RESOURCES AND MECHANISMS (ARTICLE K): On Monday
and Tuesday, the IAG held general discussion on a compilation
text, which the IAG Bureau prepared at an intersessional
meeting based on country submissions at INC-3 (UNEP/POPS/INC.4/3).
Debate centered on the two options for a financial mechanism:
use of existing mechanisms; or establishment of an independent
multilateral fund.
NIGERIA, on behalf of the G-77/CHINA, and supported by
SOUTH AFRICA, BRAZIL, ZAMBIA, INDIA, BURUNDI and MICRONESIA,
stressed establishment of an independent multilateral fund
with regular and obligatory contributions from developed
countries. Noting inefficiencies associated with establishing
a new mechanism, the EU, the US, CANADA, JAPAN, NEW ZEALAND
and SLOVAKIA supported the use of existing mechanisms to
facilitate immediate funding and optimize synergies. The US
cautioned that a new fund could impede ratification. The EU
proposed that the GEF act as the mechanism. AUSTRALIA
supported a role for the GEF as part of bilateral,
multilateral and regional funding. The US and SWITZERLAND
supported the GEF and other entities. Drawing attention to
various organizations’ POPs-related work, CANADA cautioned
that establishing a new mechanism may result in such
organizations ceasing POPs-related activities. The US
suggested the Canadian- proposed CAN coordinate a financial
mechanism comprised of one or more existing international
entities. MICRONESIA supported expansion of the CAN proposal
to incorporate financial assistance. CAMEROON expressed
caution over use of existing mechanisms, noting many of them
have a history of dictating how developing countries use
funds. PAKISTAN, INDIA and MICRONESIA opposed using the GEF,
citing concerns with, inter alia, meeting the GEF's criteria,
the GEF's incremental cost policy, and the lack of a programme
to address POPs within the GEF. CANADA stressed that the
convention would need to give the GEF direction on what is
required.
On Wednesday, delegates began negotiating the draft text.
To a paragraph on each party providing financial support and
incentives for national activities, the US proposed adding
text stating "developed countries shall also seek to
mobilize financial and additional resources to assist parties
from developing and EIT countries in implementing the
convention." After "developed countries," NEW
ZEALAND added "and other parties in accordance with their
capabilities." MICRONESIA opposed the language "seek
to" provide, and the GAMBIA suggested "shall
provide." Delegates agreed to include the proposal and
these options in brackets.
In a paragraph on the COP promoting the availability of
financial resources and mechanisms, and encouraging the
development of such mechanisms, AUSTRALIA called to replace
"development" with "strengthening." The EU
added text on arrangements for technical assistance, and the
GAMBIA opposed, stating the article should focus on financial
assistance. The EU proposal was retained with brackets.
On additional provision of financial resources through
"bilateral, regional and financial resources by developed
country parties," NEW ZEALAND specified "and other
parties in accordance with their capabilities." The
G-77/CHINA called to bracket this amendment.
CANADA, with the G-77/CHINA, supported deleting a
requirement on developing parties and EITs to use national
coordinating mechanisms integrated in national sustainable
development programmes to ensure efficient use of financial
resources. The EU called for retention of the provision’s
intent. The G-77/CHINA broadened the requirement to apply to
parties. With this amendment, the provision was bracketed. The
G-77/CHINA proposed deleting a requirement on parties to take
account of the specific needs and special situation of least
developed countries. AUSTRALIA, supported by the EU, opposed,
and the provision was bracketed.
On language requiring the COP to review the financial
mechanism, the US supported requiring regular review, in order
to provide recommendations and guidance on improving
effectiveness, and on the possible extension of the financial
mechanism’s scope. The EU advocated regular review and
appropriate action to improve effectiveness if necessary. The
G-77/CHINA supported review by the second COP and subsequent
regular reviews to determine effectiveness and the required
level of funding. With regard to the options for a funding
mechanism, the EU, the US and CANADA each requested that their
submissions on existing arrangements replace the current text,
while the G-77/CHINA advocated replacing the text for
establishing an independent fund with its proposal for Article
K. The EU submission establishes the GEF as the mechanism; the
Canadian submission proposes the CAN; and the US advocates a
coordinated approach comprised of the CAN and existing
entities. The G-77/China proposal establishes an independent
multilateral fund consisting of regular and obligatory
contributions.
In Plenary on Friday, delegates continued negotiating the
text and debated two formulations on commitments to providing
financial assistance: the first stating developed countries
shall provide developing and EIT countries with financial
assistance to implement the convention; and the second stating
developed countries, and other parties in accordance with
their capabilities, shall seek to mobilize or provide
financial and other resources to assist developing and EIT
countries in their implementation of the convention. The
G-77/CHINA stressed the importance of retaining the first
option and objected to any modifications to it. The EU
supported the second option. THAILAND requested adding
"and exporting countries" to references to
"developed countries" throughout the article.
Delegates next considered the two options for a mechanism:
the EU, CANADA and the US submissions for existing mechanisms
and the G-77/CHINA submission for establishing a new
mechanism. Chair Buccini called for clarification on the
submissions' intent. CANADA, recognizing additional resources
will be required, supported using existing mechanisms to build
upon existing POPs activities and to provide faster access to
funds. He noted CAN provisions for, inter alia: an inventory
of technical assistance sources and requests; advice on
requirements for accessing sources; private sector
involvement; and identifying and reporting requests for
assistance not being met to the COP. The EU noted its support
for strengthening existing mechanisms, and said selecting the
GEF is the best way to secure implementation. The US supported
a financial mechanism comprised of the CAN, serving as a
broker, and existing entities. He said the COP would provide
guidance to the mechanism and would, inter alia, identify
areas where requests for assistance are not being met and
consider policies to strengthen existing funds. NIGERIA,
BRAZIL, INDIA and CHINA spoke on behalf of the G-77/CHINA, and
underscored the importance of establishing an independent
multilateral fund. NIGERIA challenged the contention that
establishing a new mechanism would be more costly and time
consuming than restructuring the GEF. BRAZIL, stressing that
developing countries will not adopt an instrument without
provision of assistance, requested the EU to elaborate on how
it intends to provide funds. INDIA emphasized that developing
countries should be informed on what type of assistance will
be available. Noting the GEF Council decides how funds will be
spent, CHINA asked who will guarantee that the GEF will direct
sufficient funds to the POPs convention. SOUTH AFRICA said the
CAN could supplement the G-77/CHINA proposal.
The CZECH REPUBLIC, on behalf of the Central and Eastern
European region, supported using the GEF, rejected assertions
that the GEF is inefficient and slow, and supported the CAN.
Chair Buccini proposed that delegates either defer further
work to INC-5 or establish an intersessional group.
On Saturday, NIGERIA, the CZECH REPUBLIC, CANADA, the EU
and the US expressed support for an intersessional group. The
G-77/CHINA requested that its proposal not be altered. Chair
Buccini said the intent of the group would not be to redraft
Article K, but rather to prepare a document to help guide
delegates to redraft Article K at INC-5. He suggested, and
delegates agreed to, the following participation formula: ten
G-77/CHINA representatives; two representatives from Eastern
and Central Europe; and seven representatives of the Western
European and Others Group (WEOG). NEW ZEALAND, supported by
the EU, requested lifting brackets from a paragraph stating
countries should take full account of the specific needs and
special situation of least developed countries in their
funding. Delegates agreed and the brackets were lifted.
The draft article states that "[developed countries
shall provide developing and EIT countries with financial
assistance in order to implement the convention.]" It
further states that "each party, in accordance with its
capabilities, shall undertake to provide financial support and
incentives for national activities to achieve the convention's
objectives. [In addition the developed country parties, and
other parties in accordance with their capabilities shall also
[seek to mobilize] [provide] financial and other resources to
assist developing and EIT country parties in their
implementation of the convention.]" It contains a
bracketed provision for the COP to "promote the
availability of financial resources [arrangements for
technical assistance] and [to encourage the development and
strengthening of such mechanisms to maximize funding to assist
developing country parties and EIT parties to implement [their
obligations deriving from] the convention]." It contains
the EU, US, Canadian and G-77/China proposals for a mechanism,
as well as three options for text on reviewing the mechanism.
CONFERENCE OF THE PARTIES (ARTICLE O): On Saturday, Chair
Buccini asked delegates whether in principle they would be
able to approve the text for the article, as prepared by the
Legal Drafting Group. Some delegates opposed this and the
report reflects that the text is post-legal, but not discussed
in Plenary. Willis drew attention to a submission by Canada,
the US, Australia and Norway to add text regarding the
establishment of a POPs Review Committee, as referenced in
Article F, to this article. Delegates agreed to incorporate
the text within the draft convention for consideration at
INC-5. ARGENTINA requested that the text be bracketed. The
text calls upon the COP to establish, at its first meeting, a
POPs review committee comprised of a limited number of
government-appointed experts in chemical assessment or
management with equitable geographical distribution.
SECRETARIAT (ARTICLE P): SWITZERLAND introduced a German
and Swiss submission for a proposed resolution concerning the
Secretariat. She requested the text be annexed to the report
of the meeting. Regarding a provision stating that UNEP will
perform the secretariat role, and that a three-fourths
majority would be required to entrust the Secretariat function
to another international organization, the PHILIPPINES
requested that three-fourths majority be bracketed, preferring
a simple majority. ARGENTINA requested that the provision be
bracketed. Delegates did not reach agreement on the article
and it will be discussed at INC-5. The report reflects the
text is post-legal but has not been discussed in Plenary.
OTHER ARTICLES: On Saturday, Chair Buccini drew attention
to "routine" articles that the Legal Drafting Group
had produced text on, and invited the Plenary to take
"ownership of them." Delegates agreed to take
ownership of the following articles: Settlement of Disputes
(Article N); Amendments to the Convention (Article Q); Right
to Vote (Article S); Signature (Article T); Ratification,
Acceptance, Approval or Accession (Article U); Entry into
Force (Article V); Withdrawal (Article X); the Depositary
(Article Y); and Authentic Texts (Article Z). Delegates did
not approve the text for the Adoption and Amendment of Annexes
(Article R). Articles on Reporting (Article L) and
Non-compliance (Article M) were not discussed. All of these
articles will be open for consideration at INC-5.
CLOSING PLENARY
In Plenary on Saturday, COLOMBIA, supported by VENEZUELA,
submitted a proposal for an additional article on liability
and compensation for damage resulting from the use and
intentional or unintentional introduction into the environment
of POPs. The proposal will be annexed to the report of the
meeting. CANADA, speaking for NORWAY and the EU, introduced a
paragraph for inclusion under control measures (Article D) on
chemicals currently in use. The US introduced proposals on:
adjustment of schedules in Annexes A, B and C when new
information becomes available; and on adoption and amendments
of Annexes (Article R).
IRAN introduced a proposal on stockpiles for inclusion
under Article D. The proposal will be annexed to the report of
the meeting. SOUTH AFRICA confirmed that INC-5 will be held in
Johannesburg from 4-9 December 2000, and acknowledged the
financial assistance provided by Denmark. Willis confirmed
that the Conference of the Plenipotentiaries will be held in
Stockholm from 21-23 May 2001. Thanking those who had provided
financial contributions for the POPs negotiations, he noted
that the Secretariat is still US$600,000 short of requirements
for the final negotiations and encouraged governments to join
the POPs Club.
Noting the limited time remaining for concluding the
convention, COLOMBIA, with SWITZERLAND, the DOMINICAN
REPUBLIC, CHILE and JAMAICA, called on Chair Buccini to clean
up the text prior to INC-5, focusing on organizational and
editorial issues. Buccini agreed, noting that he would not
deal with Article J(bis) or Article K and that the draft
convention text in the report of INC-4, would provide the
basis for discussion at INC-5.
The US announced that it will provide US$350,000 for a
workshop and related projects on dioxins. The EU noted the
need for further time to evaluate Canada’s proposed global
monitoring programme and requested the Secretariat to analyze
the concept for INC-5.
Buccini presented the report of the meeting, as contained
in UNEP/POPs/INC.4/L.1, Add.1, and Add.2. Buccini noted that a
number of paragraphs in the reports needed updating to reflect
the most recent discussions. He also said that all contact
group reports would be attached to the report of the meeting.
The US noted inclusion of general exemptions within the terms
of reference of the contact group on prohibition of the
production and use of certain POPs, and on restrictions of the
production and use of certain POPs. Austria queried this and
the Chair responded that the issue had been implicitly
included in the terms of reference. The report was amended to
reflect this.
On financial mechanisms, the US added reference to the need
to mobilize new resources, and removed reference from the
report to possibly using a new mechanism other than CAN to
broker financial assistance. CHINA emphasized that the new
mechanism must be independent. Regarding reference to a
representative speaking on behalf of "a large
number" of EIT countries on financial assistance, POLAND
amended this to "some." On views expressed by NGOs,
the INUIT CIRCUMPOLAR CONFERENCE called for reference to the
participation of representatives of indigenous peoples’
organizations. WWF emphasized its request to include the
precautionary approach within the criteria regarding new POPs.
The Plenary adopted the report with all of these amendments.
In closing remarks, Chair Buccini noted that he had
underestimated the amount of time required for completion of
negotiations and stated that he will be consulting with the
Bureau and Secretariat on this issue. He thanked the
delegates, the contact group Chairs, the Legal Drafting Group,
and the Bureau of the IAG, and gaveled the meeting to a close
at 6:50 pm.