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Published by the
International Institute for Sustainable Development (IISD)
Vol. 15 No. 69
Monday, 24 June 2002
SUMMARY OF THE SIXTH SESSION OF THE
INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR AN INTERNATIONAL LEGALLY
BINDING INSTRUMENT FOR IMPLEMENTING INTERNATIONAL ACTION ON CERTAIN
PERSISTENT ORGANIC POLLUTANTS:
17-21 JUNE 2002
The Sixth Session of the Intergovernmental
Negotiating Committee (INC-6) for an International Legally Binding
Instrument for Implementing International Action on Certain
Persistent Organic Pollutants (POPs) was held from 17-21 June 2002,
in Geneva, Switzerland. Approximately 400 delegates from more than
125 countries, including representatives of intergovernmental and
non-governmental organizations, attended the meeting.
During the week, delegates discussed a number of
issues relating to, inter alia, preparations for the
Conference of the Parties (COP), and adopted decisions on: size of
the Bureau; budget; DDT and Register of specific exemptions; the
Expert Group on best available techniques and best environmental
practices; wastes and stockpiles; implementation plans; the POPs
Review Committee; a clearing-house mechanism; technical assistance;
financial resources and mechanisms and the interim financial
mechanism; effectiveness evaluation; non-compliance; and INC-7.
The Stockholm Convention was adopted and opened
for signature on 22 May 2001. The treaty calls for international
action on 12 POPs grouped into three categories: 1) pesticides:
aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, mirex and
toxaphene; 2) industrial chemicals: hexachlorobenzene (HCB) and
polychlorinated biphenyls (PCBs); and 3) unintended by-products:
dioxins and furans. Governments are to promote best available
techniques and environmental practices for replacing existing POPs
while preventing the development of new POPs. Provision has also
been made for a procedure identifying additional POPs and the
criteria to be considered in doing so.
Key elements of the treaty include: the
requirement that developed countries provide new and additional
financial resources; control measures to eliminate production and
use of intentionally produced POPs, eliminate unintentionally
produced POPs, where feasible, and manage and dispose of POPs wastes
in an environmentally sound manner; and substitution involving the
use of safer chemicals and processes to prevent toxic by-products.
Precaution is operationalized throughout the Stockholm Convention,
with specific references in the preamble, the objective and the
provision on identifying new POPs.
Since the Stockholm Convention’s adoption, 151
countries have signed the treaty, and 11 have ratified it (Canada,
Fiji, Germany, Iceland, Lesotho, Liberia, Nauru, the Netherlands,
Rwanda, Samoa and Sweden). The Convention will enter into force 90
days after receipt of the 50th instrument of ratification.
A BRIEF HISTORY OF THE POPS NEGOTIATIONS
During the 1960s and 1970s, the use of certain
chemicals and pesticides in industry and agriculture increased
dramatically. In particular, a certain category of chemicals known
as persistent organic pollutants (POPs) attracted international
attention due to a growing body of scientific evidence indicating
that exposure to very low doses of POPs can lead to cancer, damage
to the central and peripheral nervous systems, diseases of the
immune system, reproductive disorders and interference with normal
infant and child development. POPs are chemical substances that
persist, bioaccumulate and pose a risk of causing adverse effects to
human health and the environment. With further evidence of the
long-range transport of these substances to regions where they have
never been used or produced, and the consequent threats they pose to
the environment worldwide, the international community called for
urgent global action to reduce and eliminate their release into the
environment.
Prior to 1992, international action on chemicals
primarily involved developing tools for information exchange and
risk assessment, such as the FAO’s International Code of Conduct for
the Distribution and Use of Pesticides and UNEP’s London Guidelines
for the Exchange of Information on Chemicals in International Trade.
In 1992, the UN Conference on Environment and Development (UNCED)
adopted Agenda 21. Chapter 19 of Agenda 21, "Environmentally Sound
Management of Toxic Chemicals Including Prevention of Illegal
International Traffic in Toxic and Dangerous Products," called for
the creation of the Intergovernmental Forum on Chemical Safety (IFCS).
Agenda 21 also called for the establishment of the
Inter-Organization Programme on the Sound Management of Chemicals (IOMC)
to promote coordination among international organizations involved
in implementing Chapter 19.
In March 1995, the UNEP Governing Council (GC)
adopted Decision 18/32 inviting the IOMC, the IFCS and the
International Programme on Chemical Safety to initiate an assessment
process regarding an initial list of 12 POPs. In response, the IFCS
convened an Ad Hoc Working Group on POPs, which developed a
workplan for assessing available information on the chemistry,
sources, toxicity, environmental dispersion and socioeconomic
impacts of the 12 POPs.
In June 1996, the Ad Hoc Working Group
convened a meeting of experts in Manila, the Philippines, and
concluded that sufficient information existed to demonstrate the
need for international action to minimize the risks from the 12 POPs,
including a global legally binding instrument. The meeting forwarded
a recommendation to the UNEP GC and the World Health Assembly (WHA)
that immediate international action be taken. In February 1997, the
UNEP GC adopted Decision 19/13C endorsing the conclusions and
recommendations of the IFCS. The GC requested that UNEP, together
with relevant international organizations, prepare for and convene
an intergovernmental negotiating committee (INC) with a mandate to
develop, by the end of 2000, an international legally binding
instrument for implementing international action, beginning with the
12 specified POPs. Also in February 1997, the second meeting of the
IFCS decided that the IFCS Ad Hoc Working Group would
continue to assist in preparations for the negotiations. In May
1997, the WHA endorsed the recommendations of the IFCS and requested
that the World Health Organization (WHO) participate actively in
negotiations of the international instrument.
INC-1: The first session of the
Intergovernmental Negotiating Committee (INC-1) was held from 29
June to 3 July 1998, in Montreal, Canada. INC-1 established the
Implementation Aspects Group (IAG) to address technical and
financial assistance and requested the Secretariat to prepare a
document for INC-2 containing material for possible inclusion in an
international legally binding instrument. INC-1 also established the
Criteria Expert Group (CEG) to elaborate proposals for science-based
criteria, and to develop a procedure for identifying additional POPs
as candidates for future international action. INC-1 directed the
CEG to incorporate criteria pertaining to persistence,
bioaccumulation, toxicity and exposure in different regions, taking
into account the potential for regional and global transport.
CEG-1: The first session of the Criteria
Expert Group (CEG-1) was held from 26-30 October 1998, in Bangkok,
Thailand, to consider the CEG's programme of work. At CEG-1,
delegates considered, inter alia, the development of a
procedure for identifying additional POPs, including the information
required at different stages of the procedure, and who would
nominate, screen and evaluate a substance as a future POPs
candidate.
INC-2: INC-2 was held from 25-29 January
1999, in Nairobi, Kenya. Discussions were largely based on the
Secretariat-prepared outline of an international legally binding
instrument. After general discussions on this document, delegates
divided into the IAG and the Negotiating Group. The Negotiating
Group examined the text of the outline and completed preliminary
discussions on: measures to reduce or eliminate releases of POPs
into the environment; national implementation plans (NIPs);
information exchange; public information, awareness and education;
and research, development and monitoring. The IAG held general
discussions on possible capacity-building activities requiring
technical and financial assistance.
CEG-2: The second session of the Criteria
Expert Group (CEG-2) met from 14-18 June 1999, in Vienna, Austria,
to build upon the work of CEG-1 in the development of scientific
criteria and a procedure for adding additional POPs to the initial
list of 12. The CEG proposed a procedure that provides for the
establishment of a review committee to apply screening criteria and
to prepare a risk profile and risk management evaluation for
proposed substances. The CEG submitted its recommendations to INC-3.
INC-3: INC-3 met from 6-11 September 1999, in
Geneva, Switzerland, adopted the report of the CEG and approved the
CEG's recommendations as a basis for further negotiation. In the
Negotiating Group, delegates made advances on language for articles
on: measures to reduce or eliminate releases; NIPs; the listing of
substances in annexes; and information exchange. In the IAG,
delegates continued discussions on technical assistance and
financial resources and mechanisms.
INC-4: INC-4 met from 20-25 March 2000, in
Bonn, Germany. While INC-4 succeeded in drafting articles on
technical assistance and financial resources and mechanisms, the
text remained heavily bracketed, and developed and developing
country positions remained divided. Delegates devoted much time to
addressing control measures and made some headway on eliminating
language with respect to by-products. INC-4 also addressed and made
progress on articles regarding: NIPs; listing of substances;
information exchange; public information, awareness and education;
and research, development and monitoring.
INC-5: INC-5 met from 4-10 December 2000, in
Johannesburg, South Africa, and concluded negotiations on the POPs
convention in the early morning hours of Saturday, 10 December.
Going into INC-5, countries were still divided over issues related
to: financial resources and mechanisms; measures to reduce or
eliminate releases; and the precautionary principle. Delegates met
in various contact groups and more informally to address these
issues throughout the week, and informal consultations on financial
issues and the precautionary principle were held throughout the
final night of the conference. Delegates agreed to resolutions on
interim financial arrangements and issues related to the Basel
Convention. A number of resolutions were also tabled addressing,
inter alia, interim arrangements, a capacity assistance network
(CAN) and liability and redress, but due to time constraints,
discussions were postponed.
CONFERENCE OF PLENIPOTENTIARIES ON THE STOCKHOLM
CONVENTION: The Conference of the Plenipotentiaries convened
from 22-23 May 2001, in Stockholm, Sweden. During the Diplomatic
Conference, delegates adopted: the Stockholm Convention; resolutions
adopted by INC-4 and INC-5, which address interim financial
arrangements and issues related to the Basel Convention; resolutions
forwarded by the Preparatory Meeting held on 21 May 2001; and the
Final Act. At the Conference, a total of 91 countries and the
European Community signed the Stockholm Convention, and a total of
115 countries and the European Community signed the Final Act of the
Conference.
INTER-ORGANIZATION PROGRAMME FOR THE SOUND
MANAGEMENT OF CHEMICALS (IOMC) MEETING ON NATIONAL IMPLEMENTATION
PLANS FOR POPs: This meeting was held in Montreux, Switzerland,
from 28-30 January 2002. Participants agreed on goals relating to
NIPs, guidance, and intergovernmental organizations. They also
addressed NIPs as they relate to the Stockholm Convention, initial
guidelines drafted by the Global Environment Facility (GEF), and the
role of various organizations in supporting NIPs.
INC-6 REPORT
INC Chair John Buccini (Canada) opened INC-6 on
Monday, 17 June 2002, and introduced Philippe Roch, Director of the
Swiss Agency for the Environment, Forests, and Landscape. In his
opening remarks, Roch welcomed delegates to Geneva, noting that
INC-6 marks a shift from negotiation to implementation of the
Convention. In this regard, he stressed: the importance of technical
and financial assistance to developing countries and countries with
economies in transition (CEITs); the need to collaborate with other
multilateral environmental agreements (MEAs) and international
organizations on implementation and burden sharing; and industry’s
responsibility to develop new chemicals in light of the Stockholm
Convention. He urged the US to pledge an additional US$100 million
to the GEF at the upcoming G-8 Summit and offered to host INC-7 in
Geneva. Jim Willis, UNEP Chemicals, delivering a message from UNEP
Executive Director Klaus Töpfer, underscored the Stockholm
Convention Secretariat’s budgetary shortfall, congratulated the 151
signatories and 11 country ratifications and wished INC-6 a
successful meeting.
Delegates then adopted the agenda (UNEP/POPS/INC.6/1/Add.1).
Jim Willis reported on intersessional work and emphasized the
transition of the Secretariat’s role from supporting negotiations to
the interim Convention Secretariat.
Chair Buccini then recalled a G-77/China proposal
to expand the Bureau from five to ten members, including two members
from each regional group. Algeria, the Bahamas, Canada, Colombia,
the Czech Republic, Egypt, Kazakhstan, Nigeria, the Russian
Federation, Samoa, Panama (on behalf of the Latin American and
Caribbean Group (GRULAC)), and Uruguay, supported this proposal.
After initial hesitation, Australia, Japan, Spain (on behalf of the
EU), and the US, supported expanding the Bureau on the condition
that this does not set a precedent for the Bureaus of other
conventions. The INC agreed to expand the Bureau by consensus and
amend the rules of procedure accordingly. The Bureau members are:
Asia-Pacific – Seyed Reza Tabatabaei Shafiei (Iran) and Yue Ruisheng
(China); Latin America and the Caribbean – Gonzalo Casas (Uruguay)
and Tomás Guardia (Panama); Central and Eastern Europe – Natalia
Karpova (Russian Federation) and Darka Hamel (Croatia); Africa –
Fatoumata Jallow Ndoye (The Gambia) and Mahi Boumediéne (Algeria);
and Western Europe and Others – Manfred Schneider (Austria), and INC
Chair John Buccini (Canada).
On Tuesday, 18 June, the Legal Drafting Group
announced that Anne Daniel (Canada) would succeed Patrick Szell (UK)
as its Chair.
During the week, delegates convened in Plenary,
contact groups on best available techniques (BAT) and best
environmental practices (BEP), on the POPs Review Committee (POPRC),
and on technical assistance. The Legal Drafting Group (LDG) met in
five sessions between Wednesday, 19 June, and Friday, 21 June.
REVIEW OF ONGOING INTERNATIONAL ACTIVITIES
RELATING TO THE WORK OF THE CONVENTION
On the review of ongoing activities (UNEP/POPS/INC.6/INF/17),
the Secretariat listed several activities including: workshops in
conjunction with the Basel Convention, the WHO and the UN Food and
Agriculture Organization (FAO) on PCB management; the dioxin
toolkit; workshops on best practices; and a US-supported initiative
to develop information exchange databases throughout Africa. The WHO
described its POPs-related activities and highlighted a guidance
document produced in collaboration with the FAO and UNEP on
alternative strategies for sustainable pest and vector management.
The FAO provided an overview of its activities related to POPs
pesticides. An update on the Information Exchange Network on
Capacity Building for the Sound Management of Chemicals (INFOCAP)
under the IFCS process was presented by Germany.
The Secretariat of the Long-Range Transboundary
Air Pollution (LRTAP) Convention indicated that the POPs Protocol to
the LRTAP Convention is expected to enter into force by the end of
the year, and, with the Secretariat to the Basel Convention,
expressed interest in collaborating with the Stockholm Convention
Secretariat. The Rotterdam Convention highlighted the successful
operation of its Interim Chemical Review Committee.
The International POPs Elimination Network
encouraged governments to consider involving NGOs in their enabling
activities and NIP preparations. Finland, for the Arctic Council,
highlighted, inter alia, the importance of implementing the
Stockholm Convention to ensure Indigenous Peoples' food security,
and ongoing research on pentabromodiphenyl ether (pentaBDE), a
potential addition to the Convention.
GRULAC stressed the importance of
capacity-building networks, and offered to host the first COP. Kenya
announced plans to monitor POPs in ecologically sensitive areas and
noted that it has formally banned six Annex A POPs. Yemen emphasized
that, with financial help from UNEP, it has reduced DDT use to a
minimum. Thailand highlighted national implementation activities,
such as the creation of an inventory of dioxin and furan emissions.
Guinea, Kenya, Mauritania, Nigeria, Venezuela and Yemen announced
their intentions to ratify the Convention. The Czech Republic
announced that its ratification of the Convention should be
completed by August 2002, and lauded the GEF for its promptness in
allotting financial support. Japan announced its intention to sign
the Convention prior to the World Summit on Sustainable Development
(WSSD). Canada expressed hope that the Stockholm Convention will
enter into force by August 2002 at the WSSD.
ACTIVITIES OF THE SECRETARIAT AND REVIEW OF THE
SITUATION AS REGARDS EXTRABUDGETARY FUNDS
In Plenary on Monday, 17 June, the Secretariat
presented the draft programme of work and budget (UNEP/POPS/INC.6/3)
and a paper on contributions to the POPs Club (UNEP/POPS/INC.6/INF/25).
On the draft programme of work and budget, he emphasized that the
Secretariat will face a serious financial crisis if the funding
needed to cover 2002 expenditures and repay money owed to the UNEP
Environment Fund does not come in before the end of the year.
On the POPs Club, the following contributions
were announced throughout the week: Australia (A$55,000), Finland
(20,000 Euros), the Inuit Circumpolar Conference (C$1,000), Japan
(US$100,000) and Luxembourg (US$8,000). The US pledged US$100,000 to
finance the Expert Group on BAT/BEP.
In Plenary on Friday, 21 June, the Secretariat
presented INC-6 with its 2003-2004 projected budget (UNEP/POPS/INC.6/CRP.15).
He noted the potential impacts of shortfalls in 2002 and outlined
the budgetary effects of the decisions taken by INC-6, notably
regarding technical assistance, the feasibility study, and the CAN.
Final Decision: The final decision takes note
of the 2003 budget and the US$300,000 net increase resulting from
INC-6 decisions, and agrees to establish a small budget committee
for INC-7.
PREPARATION FOR THE CONFERENCE OF THE PARTIES
MEASURES TO REDUCE OR ELIMINATE RELEASES FROM
INTENTIONAL PRODUCTION AND USE AND REGISTER OF SPECIFIC EXEMPTIONS:
In Plenary on Thursday, 20 June, delegates discussed work on DDT (UNEP/POPS/
INC.6/5 and UNEP/POPS/INC.6/INF/3). The EU recommended that the
Secretariat develop a format for reporting DDT use. The Gambia
sought WHO advice regarding its 1995 DDT ban, while India sought
assistance from the WHO in developing alternatives to DDT. Regarding
specific exemptions and the review and process for extending
exemptions, including a draft format of the Register of specific
exemptions (UNEP/POPS/INC.6/4 and UNEP/POPS/INC.6/ INF/6), Japan
said the Register should not have any legal implications. The US,
with the EU, noted the remarks column in the proposed format
provides useful information on the scope of the exemption. The EU
supported general guidelines on criteria for exemption extensions
and for temporary exemptions. Delegates invited the Secretariat to
propose a reporting format, as well as a format for the Register. On
Friday, 21 June, delegates adopted decisions submitted by the
Secretariat on DDT, and on a Register of specific exemptions.
Final Decisions: The final decision on DDT (UNEP/POPS/INC.6/
CRP.20) emphasizes cooperation between the Secretariat and the WHO
in preparing reports to INC-7 on possible formats for reporting by
Parties that use DDT, and on guidance and information to assist the
COP in evaluating the continued need for DDT.
The final decision on the Register of specific
exemptions (UNEP/ POPS/INC.6/CRP.21), submitted by the Secretariat,
requests the Secretariat to prepare a report on: a possible format
for country requests; a possible process for reviewing entries in
the Register; and a possible format for the Register. The report
shall be based upon input from countries, to be provided by 31
October 2002, and will be submitted to INC-7.
MEASURES TO REDUCE OR ELIMINATE RELEASES FROM
UNINTENTIONAL PRODUCTION: In Plenary on Friday, 21 June, the
Secretariat presented its document regarding guidance on the
evaluation of current and projected releases of chemicals listed in
Annex C (UNEP/POPS/INC.6/6), as well as a related report drafted by
the UK (UNEP/POPS/INC.6/CRP.11). He suggested that the INC consider
the UNEP Standardized Toolkit for Identification and Quantification
of Dioxin and Furan Releases or UN Economic Commission for Europe (UNECE)
work on dioxins and furans as good starting points to develop
further guidance on this issue.
Delegates then agreed to mandate the Secretariat
to develop provisional guidance based on the Toolkit and government
input, which is to be submitted by 31 December 2002, for discussion
at INC-7. The EU said that UNEP guidance on this issue is not
sufficiently detailed; the Philippines added that the Standardized
Toolkit does not list all possible sources of dioxins or furans; and
Chile said the Toolkit’s approach to sectors is too broad.
In Plenary on Tuesday, 18 June, delegates
considered the establishment of a subsidiary body to develop
provisional guidance on BAT/ BEP for consideration by COP-1 (UNEP/POPS/INC.6/7),
and set up a contact group on this issue. The contact group,
co-chaired by Sergio Vives (Chile) and Robert Kellam (US), met from
Tuesday-Thursday, 18-20 June. The group agreed to establish an
Expert Group and discussed its terms of reference, including: size
of the group; funding, skills and geographic representation of
experts; role of non-governmental and industry stakeholders; and the
need for a commentary on the feasibility and appropriateness of
matters useful to countries in implementing guidance.
In Plenary, on Friday, 21 June, delegates adopted
the draft decision on establishment of, and the terms of reference
for, the Expert Group on BAT/BEP with the deletion of language on
providing funding for one participant from an industrial NGO. The
INC designated the contact group Co-Chairs to be the interim
Co-Chairs of the Expert Group; and designated country participants
in the Expert Group. Developing country representatives include:
Asia-Pacific – Iran, Mongolia, and Saudi Arabia; Africa – Algeria,
Gabon, Kenya, Nigeria and Zambia; and Latin America and the
Caribbean – Chile. CEIT representatives include Poland, Kazakhstan
and Yugoslavia. Remaining developed and developing country
participants are to be determined at a later date.
Final Decision: The final decision on BAT/BEP
(UNEP/POPS/ INC.6/CRP.17) establishes an Expert Group to develop
guidelines on BAT and provisional guidance on BEP and its modalities
of operation and terms of reference, including: a manageable number
of participants; balanced representation from developing and
developed countries and CEITs, and from regions; involvement of IGOs
and NGOs, including industry NGOs, as observers; to the extent
possible, provision of documents to, and encouragement of comments
by, all interested parties; and consensus-based decision making. The
Expert Group will report to INC-7 regarding its first meeting.
MEASURES TO REDUCE OR ELIMINATE RELEASES FROM
STOCKPILES AND WASTES: On Thursday, 20 June, delegates discussed
guidelines for POPs wastes and cooperation with the Basel Convention
(UNEP/POPS/INC.6/8). Norway, Canada and the US stressed cooperation
with the Basel Convention Technical Working Group (TWG) and among
experts at the national level. The EU proposed the Secretariat
analyze and recommend relevant elements of the Basel Convention’s
guidelines for adoption by the COP.
On Friday, 21 June, Chair Buccini introduced the
draft decision on stockpile reduction submitted by the Secretariat.
Japan, with the Republic of Korea, the US, and the Philippines,
objected to, and the EU supported, the "binding basis" of the report
requested of the Secretariat. The US suggested, and delegates
agreed, to instead make a reference to the report’s suitability for
adoption by the COP. In response to a US concern, delegates agreed
to invite the Basel Convention COP to allow INC members to
participate "in partnership" in its POPs activities. Delegates then
adopted the decision with this amendment.
Final Decision: The final decision on
development of technical guidelines on the environmentally sound
management of POPs waste (UNEP/POPS/INC.6/CRP.19) states that the
INC:
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welcomes progress made by the Basel Convention
TWG in developing technical guidelines on the environmentally
sound management of POPs and ongoing cooperation between the
Stockholm Convention and the Basel Convention Secretariats;
-
encourages continuing and strengthened
collaboration between the Secretariats, in particular on capacity
building;
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encourages countries to ensure close
coordination at the national level between authorities responsible
for the Conventions;
-
invites the Basel Convention COP to consider
inviting members of the INC to participate in partnership in
activities under the Basel Convention relating to POPs; and
-
requests the Secretariat to prepare a report
for the Stockholm Convention COP on such guidelines relating to
POPs that may be adopted by the Basel Convention COP, including an
analysis of implications of those guidelines for the Stockholm
Convention and an indication of elements that might be considered
suitable for adoption under the Stockholm Convention.
IMPLEMENTATION PLANS: In Plenary on Tuesday,
18 June, delegates considered developing guidance for preparing,
reviewing and updating NIPs and heard a report on the status of GEF
funding activities for NIPs (UNEP/POPS/INC.6/INF/9). Slovakia
recommended implementing the existing guidelines and NIPs prior to
developing further guidance. Many delegates supported developing
guidance for preparing NIPs and recommended that the guidelines be
flexible, dynamic, and reflect the needs of the individual
countries. Some suggested using the existing World Bank/UNEP
guidance document (UNEP/POPS/INC.6/INF/8).
On the process for developing the guidelines,
delegates recommended that the process: be transparent, incorporate
country submissions; involve non-governmental stakeholders; and draw
upon experiences from other MEAS. On the GEF report, delegates:
prioritized financial and technical assistance in the enabling
activities; stressed work at the regional level; highlighted the
insufficiency of GEF funding for NIP projects and called for
expedited funding; and recommended that the GEF incorporate the
INC’s recommendations while revising its guidelines on ongoing
activities. On Thursday, 20 June, the Secretariat presented the
Secretariat’s draft decision on NIPs (UNEP/POPS/INC.6/CRP.13), and
explained a revised version would be released that includes a
request for countries to provide comments on interim guidance by 31
October 2002.
Delegates adopted the revised draft decision
during the final Plenary session on Friday, June 21.
Final Decision: It the final decision (UNEP/POPS/INC.6/CRP.13/
Rev.1), the INC invites countries to provide comments on guidance
for preparing NIPs to the Secretariat by 31 October 2002, and
requests the Secretariat to prepare for consideration by INC-7 a
draft interim guidance on developing NIPs and guidance for review
and updating NIPs.
LISTING OF CHEMICALS IN ANNEXES A, B AND C:
On Tuesday, 18 June, INC-6 established a contact group to discuss
establishment of, and the draft rules of procedure, composition and
operational guidelines for, the functioning of a subsidiary body to
review candidate POPs, such as a POPs Review Committee (POPRC) (UNEP/
POPS/INC.6/11). The Secretariat proposed that the group consider
existing rules of procedure for committees with similar mandates (UNEP/POPS/INC.6/INF/4).
On Tuesday evening, the contact group, co-chaired by Reiner Arndt
(Germany) and Fatoumata Jallow Ndoye (The Gambia), met and decided
on a list of issues to be addressed by the group.
O n Wednesday, 19 June, the group discussed
tasks of the POPRC, selection of experts, operational guidelines,
rules, composition and size of the committee, and budget. On
Thursday morning, 20 June, the group concluded its work, but failed
to agree on the composition of the POPRC, an expert nomination
procedure and funding issues. On Thursday afternoon, the Co-Chairs
presented an update on the group’s progress to the Plenary. On
Friday, 21 June, Co-Chair Arndt submitted to INC-6 the report of the
contact group. The EU proposed, and delegates agreed, that the
Secretariat prepare, based on the report, a draft of the POPRC terms
of reference and rules of procedure for discussion at INC-7.
Final Text: The report (UNEP/POPS/INC.6/CRP.18)
suggests, inter alia, that:
-
COP-1 will establish the POPRC, the tasks of
which are outlined in Article 8 of the Stockholm Convention;
-
procedures for expert designation should be
flexible and relevant curricula vitae should be provided by
governments and be accessible to the COP;
-
governments will need to designate experts at
COP-1;
-
four years is a reasonable minimum term for
experts, and continuity is desired;
-
the Rotterdam Convention model is a good
starting point for resolving the conflict of interest issue for
POPRC members;
-
external government-designated experts might be
selected and participation of invited experts from developing
countries and CEITs will be funded;
-
there will be 30-40 POPRC members, but no
agreement was reached on geographical distribution;
-
the POPRC should meet once a year,
intersessionally, and its reports will be made publicly available;
-
the POPRC will be open to observers and
non-Parties;
-
a work plan with time lines is necessary, for
each chemical under consideration;
-
Parties nominating chemicals are encouraged to
submit a draft risk profile and a draft risk management proposal;
-
the POPRC can make recommendations to the COP
on its functioning and operational procedures, and recommendations
to list chemicals in Annexes A, B or C are to be sent to the COP;
and
-
confidentiality arrangements should be codified
by the POPRC.
INFORMATION EXCHANGE: In Plenary on Thursday,
20 June, delegates discussed an operational plan and budget for a
clearing-house mechanism (CHM) for information exchange on POPs (UNEP/POPS/INC.6/INF/7).
Some delegates questioned the US$250,000 request by the Secretariat
for developing the CHM, and suggested that the Secretariat develop a
more detailed CHM workplan and budget for consideration at INC-7.
The Secretariat explained that roughly US$150,000 of their request
accounted for supporting the existing Stockholm Convention website.
Argentina and Norway emphasized the importance of maintaining the
website. Some delegates questioned the potential for synergies
between the CHM and the CAN. Chile suggested keeping the CAN and CHM
as two separate systems. Poland encouraged creating CHMs at the
national level. On Friday morning, 21 June, INC-6 adopted a draft
decision on this matter, submitted by the Secretariat, with a
suggestion by Chair Buccini for a 31 October 2002 deadline for
country submissions.
Final Decision: In its decision (UNEP/POPS/INC.6/CRP.23)
INC-6 invites governments to submit questions and comments on the
design, development, operation and scope of a CHM and request the
Secretariat to prepare a detailed work plan and budget for a CHM for
INC-7 consideration.
TECHNICAL ASSISTANCE: On Tuesday, 18 June,
delegates began discussions on the Secretariat’s note on technical
assistance (UNEP/POPS/INC.6/16) and the concept proposal for a CAN (UNEP/
POPS/INC.6/19). A contact group, co-chaired by Christopher Corbin
(Saint Lucia) and Jozef Buys (Belgium), was convened on Thursday
evening, 20 June, and Friday morning, 21 June, to work on four draft
decisions related to technical assistance: guidance on technical
assistance; feasibility study on regional and subregional centers;
case studies (previously termed "pilot initiatives") on regional and
subregional centers; and the CAN.
Guidance on Technical Assistance: In Plenary,
on Tuesday, 18 June, the US and New Zealand recommended that
guidance for technical assistance be developed only once developing
countries have submitted their NIPs. Canada and Indonesia proposed
that countries submit to the Secretariat their priorities for
technical assistance, and that the Secretariat prepare a proposal on
this subject. On Thursday, 20 June, the G-77/China proposed text
inviting developed countries to provide information to the
Secretariat on modalities for the provision of assistance. On
Thursday evening, delegates met in the contact group and finalized
the text of the draft decision. On Friday, 21 June, the Plenary
adopted the draft decision on guidance on technical assistance.
Final Decision: In the final text (UNEP/POPS/INC.6/CRP.25),
the INC, inter alia, invites governments to provide to the
Secretariat by 31 October 2002: for developed countries, views and
information on priorities and arrangements for their provision of
technical assistance; and for developing countries and CEITs, views
and information on priorities and arrangements regarding technical
assistance. The INC also requests that the Secretariat prepare a
report on priorities and arrangements for technical assistance to be
submitted to the INC for its consideration at INC-7.
Feasibility Study on Regional and Subregional
Centers: In Plenary on Tuesday, 18 June, GRULAC and others
favored promoting synergies between chemicals conventions as the
best way to consolidate technical assistance. The US and others said
the focus of the feasibility study should not be limited to the
Basel Convention Regional Centers, while Syria and others proposed
establishing new regional centers. Chile said the feasibility study
requires terms of reference. In the contact group on Thursday, 20
June, Switzerland and others proposed that the study be undertaken
in consultation with the Basel Convention Secretariat. The
G-77/China recommended that the study include an assessment of
possible mechanisms for technology transfer and financial
assistance. On Thursday evening, delegates met in a contact group
and finalized the text of the draft decision. On Friday, 21 June,
the INC adopted the draft decision on a feasibility study on
regional and subregional centers.
Final Decision: In the final text (UNEP/POPS/INC.6/CRP.25),
the INC, inter alia, requests the Secretariat to undertake,
in consultation with the Basel Convention Secretariat, as
appropriate, a feasibility study on regional and subregional centers
for capacity building and technology transfer. The study will
include:
-
an identification of capacity-building and
technology transfer needs that might be facilitated by regional
and subregional centers;
-
an assessment of the capacity of relevant
regional and subregional centers, in particular, but not limited
to, the Basel Convention Regional Centers;
-
an assessment of the gaps and limitations of
existing arrangements, including the availability of technology to
be transferred, and the means to address these constraints;
-
a review of the experiences gained by other
international agreements; and
-
an identification and analysis of the potential
synergies between the Stockholm Convention and other MEAs
regarding capacity building and technology transfer.
The INC also requests the Secretariat to
communicate the terms of reference for the study to governments for
comments and to present the intermediate or final report to INC-7.
The final report is to be presented no later than 31 December 2003.
Case Studies on Regional and Subregional Centers:
In Plenary on Tuesday, 18 June, the US and others recommended the
pilot initiative not be conducted until after the completion of the
feasibility study on regional and subregional centers. Uruguay
stated that a pilot initiative could contribute to the feasibility
study. In the contact group on Thursday, 20 June, Switzerland,
supported by GRULAC and others, proposed that the pilot project be
conducted in cooperation with the Basel Convention Secretariat and
its Regional Centers. On Friday morning, 21 June, the contact group
finalized the text of the draft decision. On Friday
afternoon, the INC adopted the draft decision on case studies on
regional and subregional centers.
Final Decision: In the final text (UNEP/POPS/INC.6/CRP.29),
the INC, inter alia, requests the Secretariat to develop and
conduct, in cooperation with Basel Convention Secretariat and the
Basel Convention Regional Centers, as appropriate, one or more case
studies of regional and subregional centers for the purpose of
facilitating capacity building and transfer of technology and with a
view to contributing to the feasibility study on regional and
subregional centers. The INC also: invites governments, IGOs,
NGOs, the private sector and international financial institutions to
provide information on how they might contribute to the case
studies; requests the Secretariat to report to INC-7 on progress
made in implementing the case studies; and agrees that the
implementation of the case studies should be subject to the
availability of extrabudgetary resources, and invites contributions.
Capacity Assistance Network: In Plenary on
Tuesday, 18 June, Zambia and others expressed concern that the
Secretariat’s concept proposal on the CAN departs from the original
idea of a CAN, which was to help developing countries access
assistance. Canada and others suggested expanding the feasibility
study in order to inform thinking on any CAN mechanism, and
involving IGOs, international financial institutions, the private
sector and NGOs in contributing to countries’ implementation
capacity. On Friday morning, 21 June, the contact group finalized
the text of the draft decision. On Friday afternoon, the INC
adopted the draft decision on the CAN.
Final Decision: In the final text (UNEP/POPS/INC.6/CRP.29),
the INC invites IGOs, NGOs, the private sector and international
financial institutions to provide information to the Secretariat, by
31 October 2002, on how they might contribute to facilitating and
coordinating access to financial and technical assistance. The INC
also requests the Secretariat to include in the feasibility study on
regional and subregional centers, arrangements for developing
possible modalities for the CAN.
FINANCIAL RESOURCES AND MECHANISMS AND THE
INTERIM FINANCIAL MECHANISM: On Wednesday afternoon, 19 June,
and Thursday morning, 20 June, in Plenary, delegates discussed
financial resources and mechanisms and the interim financial
mechanism (UNEP/POPS/INC.6/12 and UNEP/POPS/INC.6/13), and on Friday
afternoon, 21 June, the INC adopted four decisions, submitted by the
Secretariat, related to financial resources and mechanisms.
Draft Memorandum of Understanding with the GEF:
During Plenary discussions, delegates discussed the drafting of a
memorandum of understanding (MOU) between the GEF and the COP, and
asked that the Secretariat prepare a first draft of an MOU for
INC-7. The US and Australia proposed that countries suggest elements
for inclusion in an MOU.
In Plenary on Friday afternoon, delegates
addressed the draft decision on the draft MOU with the GEF. The EU
proposed deleting a paragraph inviting country input on the draft
MOU, preferring that the Stockholm Convention and the GEF
Secretariats co-draft an MOU for consideration by INC-7 before
requesting government input. Delegates agreed that both a review and
a draft MOU would be submitted to INC-7, and that any country
comments made before INC-7 would be made available as an information
document. Delegates adopted this decision with these amendments.
Final Decision: The decision (UNEP/POPS/INC.6/CRP.24)
states that the INC:
-
decides to initiate a process for developing a
draft MOU between the COP and the GEF;
-
invites the Stockholm Convention and the GEF
Secretariats to draft an MOU for INC-7; and
-
requests the Secretariat to submit to INC-7 a
review of similar agreements between the GEF and the governing
bodies of other MEAs.
Guidance to the Financial Mechanism: Norway
recommended that the guidance to the financial mechanism be
developed under the same process as the MOU and incorporate country
input. On Friday, in Plenary, delegates addressed the draft decision
on guidance to the financial mechanism, the EU said the inclusion of
a provision for reviewing guidance provided to the GEF by the
governing bodies of other MEAs was unnecessary and proposed its
deletion, which delegates agreed to. The decision was adopted.
Final Decision: The decision (UNEP/POPS/INC.6/CRP.24)
states that the INC:
-
decides to initiate a process for developing
draft guidance to the financial mechanism for consideration by the
COP;
-
invites governments to provide to the
Secretariat, by 30 November 2002, input on elements for inclusion
in the guidance; and
-
requests the Secretariat to submit a report on
elements of such guidance for further discussion at INC-7,
comprised of a compilation and synthesis of views received from
countries, and a review of relevant experience gained from the
provision of guidance given to the GEF by the governing bodies of
other MEAs.
Draft Terms of Reference for the Review of the
Financial Mechanism under Paragraph 8 of Article 13: On
reviewing the financial mechanism’s effectiveness, the EU, with
Poland and the US, stressed that the terms of reference of the COP
and review should not be specific to the GEF. The EU suggested
inviting country submissions to this end and, with Poland, said
discussion on guidance to the COP regarding the institutional
structure for the final financial mechanism is premature. Canada
recommended drawing upon outcomes of other reviews and evaluations
of the GEF, and that the Secretariat seek assistance from experts,
but not invite country submissions. On Friday, 21 June, delegates
adopted this decision.
Final Decision: The decision (UNEP/POPS/INC.6/CRP.24)
states that the INC: decides to initiate a process for developing
draft terms of reference for consideration by the COP for use in the
review of the financial mechanism; and requests the Secretariat to
submit elements of the draft terms of reference for its further
consideration at INC-7 based on expert input.
Collection of Information from Relevant Funding
Institutions on the Ways in Which They Can Support the Stockholm
Convention: Regarding guidance on, and timing of, the
Secretariat’s activities to collect information from relevant
funding institutions, delegates proposed a database, stressed the
private sector’s role, and suggested that the COP discuss how to
identify and mobilize available resources. Poland suggested the COP
undertake the first review by 2004, and Belgium emphasized bilateral
financing. On Friday, in Plenary, delegates adopted this decision.
Final Decision: The decision (UNEP/POPS/INC.6/CRP.24)
states that the INC:
-
invites governments to provide to the
Secretariat relevant information on ways in which their funding
institutions may support the Convention’s objectives;
-
invites intergovernmental organizations, NGOs
and other observers, as appropriate, to provide to the Secretariat
relevant information on ways they can support the Convention; and
-
requests the Secretariat to begin collecting
information from relevant funding institutions on the ways in
which they can support the Convention, and to submit a preliminary
draft report of the information received for consideration at
INC-7.
REPORTING: Introducing the document on format
and timing of Party reporting (UNEP/POPS/INC.6/9), the Secretariat
explained: that possible action by the INC can include requesting
the Secretariat to prepare a document for INC-7 that reviews
reporting obligations, processes and formats of other MEAs; and
takes into consideration reporting under other articles of the
Stockholm Convention. Canada suggested the Secretariat invite
Parties to submit comments on timing, format and other
considerations, and use this information to formulate
recommendations. The EU stressed compatibility among reporting
mechanisms for different MEAs, suggested that a model mechanism be
prepared for INC-7, and with New Zealand, called for simplicity in
the reporting format. New Zealand also requested that mandatory and
voluntary reporting requirements be distinguished.
EFFECTIVENESS EVALUATION: In Plenary on
Thursday, 20 June, delegates considered the arrangements to provide
comparable monitoring data and ongoing UNEP monitoring activities (UNEP/
POPS/INC.6/10). Delegates stressed the need to: develop a strategic
framework for evaluation at the earliest stage possible; focus on
POPs covered under the Convention; consider both environmental and
health effects; strengthen and/or initiate monitoring activities;
and share environmental data. Developing country delegates
emphasized the need for methodology standards. Delegates established
an informal drafting group, which presented a draft decision on
Friday, 21 June. The INC adopted the draft decision with minor
editorial changes.
Final Decision: The decision (UNEP/POPS/INC.6/CRP.22)
requests the Secretariat to, inter alia:
-
develop guidance on the nature of the
effectiveness evaluation;
-
identify the basic data needed;
-
assess the existing monitoring programmes and
then begin making arrangements for the provision of comparable
monitoring data;
-
compile guidance for collection of data;
-
facilitate obtaining monitoring information for
regions where such information would not otherwise be available;
and
-
report on progress to INC-7.
NON-COMPLIANCE: In Plenary on Wednesday, 19
June, the Secretariat introduced the document on non-compliance (UNEP/
POPS/INC.6/17), which focuses on elements to be included in the
non-compliance mechanism and the process of developing such a
mechanism in the interim period. Many countries favored an early
start to work on the mechanism, with suggestions for work to be
initiated at INC-6, submission of a draft mechanism to INC-7, and
intersessional work. Some delegations felt other tasks should be
prioritized, and many supported a non-confrontational and
facilitative mechanism.
The EU highlighted its paper on compliance (UNEP/POPS/INC.6/
CRP.2) and supported adoption of a mechanism at COP-1.
Delegates recommended a number of approaches to
developing the mechanism, including that: the Secretariat draft a
model non-compliance mechanism for March 2003, based on written
comments by States; other MEA non-compliance mechanisms be analyzed;
the Secretariat compile and categorize submissions and information
on regimes, but not provide much analysis or commentary; and a
document on non-compliance mechanisms prepared for the World Trade
Organization and a summary of existing compliance regimes prepared
for the Rotterdam Convention be considered. Chair Buccini
recommended that submissions be provided by 31 December 2002, in
electronic form.
On Friday, 21 June, delegates discussed the draft
decision on non-compliance submitted by the Secretariat. Australia
added text stating that a report that provides a compilation and a
synthesis of those views be submitted to INC-7. Delegates then
adopted the decision.
Final Decision: The decision (UNEP/POPS/INC.6/CRP.28)
mandates the Secretariat to: collect submissions for the
Secretariat’s document relating to non-compliance, as well as
information on other regimes; and provide to INC-7 a document
containing both original information and a non-judgmental summary
and analysis.
SETTLEMENT OF DISPUTES: On Wednesday, 19
June, the Secretariat noted that INC-6 may wish to consider proposed
rules of arbitration and conciliation contained in the annex of
document UNEP/POPS/INC.6/18. Regarding the provisions on a party
that has an interest of a legal nature in the subject matter of the
dispute and binding nature of awards, Japan said the LDG should take
note of existing precedents established under Article 62 of the
International Court of Justice. The Philippines noted that the
provision on failure to appear before the tribunal does not contain
references to warnings and/ or time extensions. Chair Buccini said
any issues delegates may have with the draft rules will be addressed
in the LDG.
On Friday, 21 June, LDG Chair Anne Daniel
reported on results of meetings held between Wednesday, 19 June, and
Friday, 21 June. She said a first reading had been accomplished, and
recommended a second reading of the issues before their
consideration by INC-7.
Regarding rules on conciliation, she reported
that minor editorial changes were made, and that the LDG recommended
reducing the conciliation commission from five to three members for
budgetary reasons.
CONFERENCE OF THE PARTIES: Draft Rules of
Procedure for the Conference of the Parties: On Wednesday, 19
June, INC-6 convened deliberations on a draft set of rules of
procedure for the COP (UNEP/POPS/INC.6/14) prepared in the interim
by the Secretariat. Regarding rules pertaining to observers to the
COP, Egypt proposed, and China supported, that notification of
observers be made available at least 60 days prior to the COP. The
EU said it wished to follow the draft rules of procedure specified
in the Rotterdam Convention. Regarding the rule on majority
required, the US said it was considering three potential
decision-making models and said it had produced a paper on all
references to decision making found in the Stockholm Convention. The
Bahamas responded that more than three decision-making models could
be relevant. The Philippines said the rule on voting should include
a reference to time. Regarding the rule on the order of voting on
proposals, Egypt proposed deleting the last sentence of the rule
that specified that the COP may, after each vote on a proposal,
decide whether to vote on the next proposal. Chair Buccini concluded
the discussion saying that the foregoing rules of procedure in
question would be addressed by the LDG and that any policy issues
arising in the LDG would be brought back to Plenary for further
discussion.
On Friday, 21 June, LDG Chair Anne Daniel
reported on results of meetings held between Wednesday, 19 June, and
Friday, 21 June. On rules of procedure, she said that in the first
reading, the group discussed: observers; participation of other
bodies or agencies; election of officers; voting in subsidiary
bodies; majority required for voting; and amendments to the rules of
procedure. She recommended a second reading of the issues before
their consideration by INC-7.
Draft Financial Rules for the Conference of the
Parties, its Subsidiary Bodies and the Convention Secretariat:
On Wednesday, 19 June, the Secretariat invited INC-6 to discuss a
set of draft financial rules of the Conference of the Parties, its
subsidiary bodies and the Convention Secretariat (UNEP/POPS/INC.6/15),
which is based on those existing under various other MEAs.
The US expressed concern over directly importing
the Rotterdam Convention rules into the Stockholm Convention, while
the Bahamas recommended that, in order to optimize "the best of the
UN system," financial rules governing a broad range of multilateral
agreements and UN conventions should be considered. Brazil and the
Philippines, however, were opposed to using the UN scale of
assessments used in many other conventions. Regarding authority over
Convention funds, the Secretariat said many treaties grant control
to the UNEP Executive Director, while other conventions fall under
the jurisdiction of the UN Secretary-General. Chair Buccini said
these issues would be addressed more fully in the LDG.
On Friday, 21 June, LDG Chair Anne Daniel
reported on results of meetings held between Wednesday, 19 June, and
Friday, 21 June. On financial rules, she said a first reading had
been completed and the second reading would be undertaken with the
assistance of financial officer.
ISSUES RELATING TO THE STOCKHOLM CONVENTION NOT
COVERED ABOVE: On Thursday, 20 June, Switzerland and Uruguay
submitted a document on preparations for COP-1 (UNEP/POPS/INC.6/CRP.16).
Recalling Switzerland’s proposal at INC-3 to finance holding the
first meeting of the COP in a developing country, and GRULAC’s
statement in the opening Plenary of INC-6 of its interest in hosting
COP-1, the paper informed the INC of the ongoing progress of "very
positive" discussions between the two countries. On Friday, 21 June,
Uruguay expressed pleasure with the opportunity to host the COP.
Delegates agreed to a co-proposal from Switzerland and Uruguay that
Switzerland would fund COP-1 in Uruguay.
OTHER ISSUES FOR CONSIDERATION BY THE COP AT ITS
FIRST MEETING: Location of the Secretariat: On Tuesday, 18 June,
Italy proposed the unification of the Rotterdam and Stockholm
Secretariats, and reiterated the offer to host them jointly with
Switzerland. On Friday, 21 June, the Secretariat introduced the
document on the location of the permanent Secretariat (UNEP/POPS/
INC.6/21). Switzerland and Germany offered to host the Secretariat
in Geneva and Bonn, respectivly. Italy and
Switzerland suggested, and delegates accepted, a 30 November 2002,
deadline for submission of applications. Regarding information that
might be requested from countries interested in hosting the
permanent Secretariat: Switzerland proposed that applicants provide
information on the proportion of contributions earmarked for certain
purposes; the US asked that details be provided on synergies with
other chemical management organizations in the host city; and Chile
requested that the category on housing availability include
information on prices and vacancy rates. Chair Buccini noted
delegates’ agreement on adding these proposed amendments to the
information requirements.
Liability and Redress: On Friday, 21 June,
the Secretariat, introducing document UNEP/POPS/INC.6/INF/5, noted
that although a liability and redress regime was not called for in
the Stockholm Convention, the Conference of Plenipotentiaries called
for its consideration, and invited governments to submit information
on national, regional and international measures and agreements
relating to liability and redress. Austria described a workshop on
liability and redress to be held in Vienna from 19-21 September
2002, the report of which will be considered at COP-1. Colombia
suggested that governments that have not submitted comments do so
before the Vienna workshop. Australia expressed concern about the
time and resources necessary to develop a liability and compensation
regime. Chair Buccini suggested, and all delegates agreed, that
governments will submit their comments on liability and redress by
the end of July 2002.
CLOSING PLENARY
On Friday afternoon, 21 June, delegates
considered the report of the meeting (UNEP/POPS/INC.6/L.1 and UNEP/POPS/INC.6/L.1/
Add.1). Regarding a paragraph on the draft format of the Register of
Specific Exemptions, the US amended text to reflect that the
criteria be developed based on the experience and deliberations of
the COP. Regarding non-compliance, Colombia, supported by Canada and
the EU, said the report did not properly reflect the debate. Canada
proposed stressing that some stated the INC should focus efforts
during the interim period on activities that would facilitate the
implementation of the Convention and its speedy entry into force. He
added new text indicating that other representatives stated that a
compliance mechanism should be established at COP-1 or shortly
thereafter and noted that the resolution on interim arrangements
adopted at the Diplomatic Conference to facilitate the rapid entry
into force and effective implementation of the Convention provided
for the INC’s work on non-compliance. Canada also added a paragraph
stating that: some delegations requested that the Secretariat
prepare a draft model for a compliance mechanism for INC-7, based on
written comments by countries; other delegations proposed that the
Secretariat prepare a synthesis report, based on written comments;
and other delegations wanted the Secretariat to only compile written
comments received by countries.
The EU added language stating that
representatives also emphasized the importance of appropriate
measures for addressing non-compliance and that an effective
mechanism to examine non-compliance was essential. The US said it
was difficult to comment on whether these changes accurately reflect
the balance. Some delegates raised the issue of how to refer in the
report to representatives speaking on behalf of larger groups and
Chair Buccini said this would be addressed at INC-7.
In closing remarks, the EU commended the
constructive spirit throughout the meeting. Iran, for the
Asia-Pacific Group, praised the work of the Secretariat and the
Chair. Nigeria, on behalf of the Africa Group, said the INC should
return to evaluating work on DDT, and re-evaluating stockpiles in
Africa. Egypt, on behalf of the G-77/China, expressed its gratitude
for the decision to conduct a feasibility study and for the CAN, but
said that, despite many achievements at INC-6, the Group’s
objectives under the Convention are yet to be realized. Chair
Buccini thanked INC-6 for a good meeting, the Secretariat for its
excellent organization, and the interpreters for their hard work.
Chair Buccini gaveled the meeting to a close at 7:25 pm.
A BRIEF ANALYSIS OF INC-6
INC-6 of the Stockholm Convention marks a
significant turning point in the history of what many consider to be
among the more high-profile multilateral environmental agreements.
With the negotiation process behind them, delegates at INC-6
enthusiastically embraced their next task: ensuring the Convention
is both ratified and fully implemented in a timely manner. A
bellwether of this enthusiasm is that many observers have been
speculating that the Convention will enter into force within two
years – at least one year ahead of schedule. The following analysis
explores four key dimensions of the Convention discussed during
INC-6, through which to gauge progress towards ratification and
implementation: national implementation plans (NIPs); technical
assistance; Convention financing; and the POPs Review Committee (POPRC).
NATIONAL IMPLEMENTATION PLANS
The extent to which countries are moving to
develop NIPs is telling. Indeed, the likelihood of full ratification
is proportionate to progress on NIPs, a process facilitated in large
measure by the Global Environment Facility (GEF), which has pledged
US$500,000 for each GEF-eligible country to develop a NIP. To date,
the GEF had identified 64 countries whose applications for GEF
NIP-development financing have been approved, or are awaiting
approval. Assuming the executing agencies (UNEP, UNIDO, UNDP and the
World Bank), charged with facilitating NIP development at the
national level, work well with the respective countries,
ratification of the Convention will surely be accelerated.
There is, however, concern from some recipient
countries that they have been inadequately consulted by the GEF
regarding the budgeting of their priority needs. In their view,
inappropriate budgeting of the GEF NIP-development financing
arrangements could impede, rather than hasten, the ratification
process. Nevertheless, the GEF’s contribution is indicative of
international support for the objectives of the Stockholm
Convention.
TECHNICAL ASSISTANCE
Another dimension of the implementation process
is technical assistance, an area some delegates felt was among the
more contentious issues at INC-6. On this score, INC-6 created a
technical assistance contact group to formalize arrangements
relating to: guidance on technical assistance; the capacity
assistance network (CAN); the feasibility study on regional and
subregional centers; and the case studies on regional and
subregional centers. Emblematic of delegates’ commitment, the
contact group worked well into the night on Thursday, and first
thing Friday morning requested from Plenary more time to complete
its work. By Friday afternoon, the contact group successfully
completed its work efficiently and congenially, which some have said
typifies the overall tone of INC-6, particularly its commitment to
implementation.
Moreover, another indication of the political
interest in implementing the treaty was the formulation of an Expert
Group on best available techniques and best environmental practices
(BAT/BEP Expert Group), whose task will be to guide the delivery of
BAT/BEP as they pertain to measures to reduce or eliminate releases
from unintentional production. A US Environmental Protection Agency
donation of US$100,000 to the BAT/BEP Expert Group, while not only
helping to realize the work of the Group, further symbolizes the
commitment to implementation.
POPS REVIEW COMMITTEE
Yet for all the positive signals coming out of
INC-6, there remains one salient element of the Convention that may
slow ratification and implementation. The POPs Review Committee (POPRC)
will have the task of reviewing proposed additions to Annexes A, B,
and C. Many agree that the extent to which the POPRC is able to add
new chemicals to the Convention, particularly those with high
commercial value, will be the true test of the Convention’s mettle.
In that vein, several delegates suggested that postponing POPRC
issues and focusing on the relatively non-controversial 12 POPs
already covered, may promote early ratification.
However, it is suspected that many countries that
have not yet ratified the Convention may try to use the POPRC
process to ensure that they are not unnecessarily burdened by
amendments to the POPs annexes. In this regard, some INC-6 delegates
speculated that their failure to reach agreement on the composition
of the POPRC, and a US request for further examination of similar
procedures under other environmental agreements, notably the
Montreal Protocol, owed to the fact that the US did not want its
pending domestic legislation in any way compromised by rapid
progress in these two areas. Many participants noted that, for some
countries, ratification of the Convention will only occur once
domestic regimes are in place that ensure that the regulation of
additional POPs is domestically – as opposed to internationally –
determined.
FINANCE
One of the most pressing issues facing the
Stockholm Convention, and for which there is no immediate solution,
is the lack of funds for its basic administration. Throughout the
week the Secretariat made repeated and emphatic statements
indicating its dire financial straits, with the gravity of the
situation evident in the announcement that, should there be a 30%
shortfall in the budget, there would insufficient funds to convene
INC-7. Given that the Conference of Plenipotentiaries – where
financial prospects for the Convention appeared somewhat brighter –
was just over one year ago, hopefully the anticipated shortfall is
not a portentous sign for the Convention’s future.
CONCLUSION
In the final analysis, support for full
ratification of the Convention is abundantly evident, due perhaps to
the fact that the treaty is charged with the phase-out of POPs with
marginal commercial value. Unto itself this is an extremely
admirable, if not absolutely necessary, international undertaking.
However, there remains a potent undercurrent within the process that
the ultimate test of the Convention will be its efficacy to include
new chemicals, particularly those with high commercial value, not
currently covered by the Convention. This is not to understate the
value of POPs to many developing countries, who may be dependent on
these chemicals for disease vector control. In any event there
appear to be two dominant perspectives infusing Stockholm Convention
politics: the skeptics and optimists.
For their part, the skeptics are of the view that
substitute chemicals will never be successfully added to the
Convention as long as their commercial value remains high. In
contrast, the optimists, while acknowledging certain weaknesses in
the Convention, notably the opt-in clause pertaining to Convention
amendments, regard the Convention as an extremely necessary
international legal framework for guiding the elimination of toxic
substances. Regardless of divergent views, only one thing is
certain: the Stockholm Convention is well on its way to becoming
legally binding.
THINGS TO LOOK FOR
FINANCIAL RESOURCE MOBILIZATION FOR THE SOUND
MANAGEMENT OF CHEMICALS: This UNITAR Workshop, tentatively
scheduled for August 2002 in Geneva, Switzerland, will develop and
test ideas for innovative approaches to financial resource
mobilization for the sound management of chemicals, consistent with
national circumstances and priorities. For more information,
contact: Training and Capacity Building Programmes in Chemicals and
Waste Management, UNITAR; tel: +41-22-917-8166; fax:
+41-22-917-8047; e-mail:
cwm@unitar.org; Internet:
http://www.unitar.org/cwm
WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT: The
World Summit on Sustainable Development will take place from 26
August to 4 September 2002, in Johannesburg, South Africa. For more
information, contact: Andrey Vasilyev, DESA; tel: +1-212-963-5949;
fax: +1-212-963-4260; e-mail:
vasilyev@un.org; Major Groups contact: Zehra Aydin-Sipos, DESA;
tel: +1-212-963-8811; fax: +1-212-963-1267; e-mail:
aydin@un.org; Internet:
http://www.johannesburgsummit.org/
GEF/MSP SUBREGIONAL WORKSHOP TO SUPPORT THE
IMPLEMENTATION OF THE STOCKHOLM CONVENTION ON POPS: This UNEP/GEF
Workshop will take place from 9-13 September 2002, in Kiev, Ukraine.
For more information, contact: UNEP Chemicals; tel: +41-22-917-8111;
fax: +41-22-797-3460; e-mail:
chemicals@unep.ch; Internet:
http://irptc.unep.ch/pops
LIABILITY AND REDRESS WORKSHOP: This workshop
will take place from 19-21 September 2002, in Vienna, Austria. For
more information, contact: the interim Secretariat for the Stockholm
Convention; tel: +41-22-917-8200; fax: +41-22-797-3460; e-mail:
mgubb@chemicals.unep.ch;
Internet:
http://irptc.unep.ch/pops
JOINT FAO-WHO MEETING ON PESTICIDE RESIDUES: The
27th Session of the Joint Meeting of the FAO Panel of Experts on
Pesticide Residues in Food and the Environment and the WHO Expert
Group on Pesticide Residues (JMPR) will take place from 16-25
September 2002, in Rome, Italy. For more information, contact:
Amelia Tejada, FAO; tel: +39-6-5705-4010; fax: +39-6-5705-6347;
e-mail: Amelia.Tejada@fao.org;
Internet:
http://www.fao.org/waicent/FaoInfo/Agricult/AGP/AGPP/Pesticid/Events/c.htm
SUBREGIONAL TRAINING WORKSHOP ON INVENTORIES OF
STOCKS OF OBSOLETE PESTICIDES: This UNEP Workshop will take
place from 23-25 September 2002, in Krasnodar, Russia. For more
information, contact: UNEP Chemicals; tel: +41-22-917-8111; fax:
+41-22-797-3460; e-mail:
chemicals@unep.ch; Internet:
http://irptc.unep.ch
PIC INC-9: The ninth session of the
Intergovernmental Negotiating Committee for an International Legally
Binding Instrument for the Application of the Prior Informed Consent
Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade will take place from 30 September 2002 to 4
October 2002, in Bonn, Germany. For more information, contact the
interim Secretariat: Niek van der Graaff, FAO; tel: +39-6-5705-3441;
fax: +39-6-5705-6347; e-mail:
Niek.VanderGraaff@fao.org;
or Jim Willis, UNEP Chemicals; tel: +41-22-917-8111; fax:
+41-22-797-3460; e-mail:
chemicals@unep.ch; Internet:
http://www.pic.int/incs/9/h3.html
SUBREGIONAL WORKSHOP TO PROMOTE SUSTAINABLE
ALTERNATIVES STRATEGIES TO POP PESTICIDES: This UNEP Workshop is
tentatively scheduled to be held on 1 October 2002, in Santiago,
Chile. For more information, contact: UNEP Chemicals; tel:
+41-22-917-8111; fax: +41-22-797-3460; e-mail:
chemicals@unep.ch; Internet:
http://irptc.unep.ch/pops
GEF-MSP SUBREGIONAL WORKSHOP ON SUPPORT FOR THE
IMPLEMENTATION OF THE STOCKHOLM CONVENTION: This UNEP workshop
will take place on 1 October 2002, in Alexandria, Egypt. For more
information, contact: UNEP Chemicals; tel: +41-22-917-8111; fax:
+41-22-797-3460; e-mail:
chemicals@unep.ch; Internet:
http://irptc.unep.ch/pops
INTERNATIONAL SYMPOSIUM ON ENVIRONMENTAL
POLLUTION OF THE ARCTIC: This symposium, organized by the Arctic
Monitoring and Assessment Programme (AMAP), will be held 1-4 October
2002, in Rovaniemi, Finland. This symposium will address pollution
of the Arctic in an integrated circumpolar context, focusing on a
range of pollutant issues. For more information, contact: the AMAP
Secretariat; tel: +47-22-57-34-00; fax: +47-22-67-67-06; e-mail:
amap@amap.no; Internet:
http://www.amap.no/news/symp2-2an-all-nopics.pdf
GLOBAL ENVIRONMENT FACILITY: The GEF
Council will meet in Beijing, China, from 14-15 October 2002, to be
followed by the second meeting of the GEF Assembly in Beijing from
16-18 October. These meetings will be preceded by NGO consultations
on 13 October. For more information, contact the GEF Secretariat,
tel: +1-202-473-0508; fax: +1-202-522-3240/3245; e-mail:
secretariatofgef@worldbank.org; Internet:
http://www.gefweb.org
19TH SESSION OF THE FAO PANEL OF EXPERTS ON
PESTICIDE SPECIFICATIONS, REGISTRATION REQUIREMENTS, APPLICATION
STANDARDS AND PRIOR INFORMED CONSENT: This FAO Panel of Experts
will meet from 27-29 October 2002, in Rome, Italy. For more
information, contact: Gero Vaagt, FAO; tel: +39-6-5705-5757; fax:
+39-6-5705-6347; e-mail:
Gero.Vaagt@fao.org; Internet:
http://www.fao.org/waicent/FaoInfo/Agricult/AGP/AGPP/Pesticid/Events/c.htm
WORKSHOP TO PROMOTE SUSTAINABLE ALTERNATIVE
STRATEGIES TO POP PESTICIDES: This UNEP Workshop is scheduled
for 1 November 2002, in Nairobi, Kenya. For more information,
contact: UNEP Chemicals; tel: +41-22-917-8111; fax: +41-22-797-3460;
e-mail: chemicals@unep.ch;
Internet:
http://irptc.unep.ch/pops
BASEL CONVENTION COP-6: The sixth meeting of
the Conference of the Parties to the Basel Convention is scheduled
for 9-13 December 2002, in Geneva, Switzerland. For more
information, contact: the Secretariat of the Basel Convention; tel:
+41-22-979-8218; fax: +41-22-797 3454; e-mail:
sbc@unep.ch; Internet:
http://www.basel.int/meetings/calendar.html
FOURTH SESSION OF THE INTERGOVERNMENTAL FORUM ON
CHEMICAL SAFETY (IFCS): FORUM IV is scheduled for 1-7 November
2003, in Bangkok, Thailand. FORUM V will take place in Hungary in
late 2005 or 2006. For more information, contact: Judy Stober, IFCS
Executive Secretary; tel: +41-22-791-3650; fax: +41-22-791-4875;
e-mail: ifcs@who.ch; Internet:
http://www.ifcs.ch |