The Parties to this Convention,
Recognizing that persistent organic pollutants possess toxic properties, resist
degradation, bioaccumulate and are transported, through air, water and migratory species,
across international boundaries and deposited far from their place of release, where they
accumulate in terrestrial and aquatic ecosystems,
Aware of the health concerns, especially in developing countries, resulting from local
exposure to persistent organic pollutants, in particular impacts upon women and, through
them, upon future generations,
Acknowledging that the Arctic ecosystems and indigenous communities are particularly
at risk because of the biomagnification of persistent organic pollutants and that contamination
of their traditional foods is a public health issue,
Conscious of the need for global action on persistent organic pollutants,
Mindful of decision 19/13 C of 7 February 1997 of the Governing Council of the
United Nations Environment Program to initiate international action to protect human
health and the environment through measures which will reduce and/or eliminate emissions
and discharges of persistent organic pollutants,
Recalling the pertinent provisions of the relevant international environmental
conventions, especially the Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International Trade, and the Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and their
Disposal including the regional agreements developed within the framework of its Article 11,
Recalling also the pertinent provisions of the Rio Declaration on Environment and
Development and Agenda 21,
Acknowledging that precaution underlies the concerns of all the Parties and is
embedded within this Convention,
Recognizing that this Convention and other international agreements in the field of
trade and the environment are mutually supportive,
Reaffirming that States have, in accordance with the Charter of the United Nations and
the principles of international law, the sovereign right to exploit their own resources
pursuant to their own environmental and developmental policies, and the responsibility to
ensure that activities within their jurisdiction or control do not cause damage to the
environment of other States or of areas beyond the limits of national jurisdiction,
Taking into account the circumstances and particular requirements of developing
countries, in particular the least developed among them, and countries with economies in
transition, especially the need to strengthen their national capabilities for the management of
chemicals, including through the transfer of technology, the provision of financial and
technical assistance and the promotion of cooperation among the Parties,
Taking full account of the Program of Action for the Sustainable Development of
Small Island Developing States, adopted in Barbados on 6 May 1994,
Noting the respective capabilities of developed and developing countries, as well as the
common but differentiated responsibilities of States as set forth in Principle 7 of the Rio
Declaration on Environment and Development,
Recognizing the important contribution that the private sector and non-governmental
organizations can make to achieving the reduction and/or elimination of emissions and
discharges of persistent organic pollutants,
Underlining the importance of manufacturers of persistent organic pollutants taking
responsibility for reducing adverse effects caused by their products and for providing
information to users, Governments and the public on the hazardous properties of those
chemicals,
Conscious of the need to take measures to prevent adverse effects caused by persistent
organic pollutants at all stages of their life cycle,
Reaffirming Principle 16 of the Rio Declaration on Environment and Development
which states that national authorities should endeavor to promote the internalization of
environmental costs and the use of economic instruments, taking into account the approach
that the polluter should, in principle, bear the cost of pollution, with due regard to the public
interest and without distorting international trade and investment,
Encouraging Parties not having regulatory and assessment schemes for pesticides and
industrial chemicals to develop such schemes,
Recognizing the importance of developing and using environmentally sound alternative
processes and chemicals,
Determined to protect human health and the environment from the harmful impacts of
persistent organic pollutants,
Have agreed as follows:
Article 1
Objective
Mindful of the precautionary approach as set forth in Principle 15 of the Rio
Declaration on Environment and Development, the objective of this Convention is to protect
human health and the environment from persistent organic pollutants.
Article 2
Definitions
For the purposes of this Convention:
(a) “Party” means a State or regional economic integration organization that has
consented to be bound by this Convention and for which the Convention is in force;
(b) “Regional economic integration organization” means an organization constituted
by sovereign States of a given region to which its member States have transferred competence
in respect of matters governed by this Convention and which has been duly authorized, in
accordance with its internal procedures, to sign, ratify, accept, approve or accede to this
Convention;
(c) “Parties present and voting” means Parties present and casting an affirmative or
negative vote.
Article 3
Measures to reduce or eliminate releases from intentional production and use
1. Each Party shall:
(a) Prohibit and/or take the legal and administrative measures necessary to eliminate:
(i) Its production and use of the chemicals listed in Annex A subject to the
provisions of that Annex; and
(ii) Its import and export of the chemicals listed in Annex A in accordance with
the provisions of paragraph 2; and
(b) Restrict its production and use of the chemicals listed in Annex B in accordance
with the provisions of that Annex.
2. Each Party shall take measures to ensure:
(a) That a chemical listed in Annex A or Annex B is imported only:
(i) For the purpose of environmentally sound disposal as set forth in paragraph
1 (d) of Article 6; or
(ii) For a use or purpose which is permitted for that Party under Annex A or
Annex B;
(b) That a chemical listed in Annex A for which any production or use specific
exemption is in effect or a chemical listed in Annex B for which any production or use
specific exemption or acceptable purpose is in effect, taking into account any relevant
provisions in existing international prior informed consent instruments, is exported only:
(i) For the purpose of environmentally sound disposal as set forth in paragraph
1 (d) of Article 6;
(ii) To a Party which is permitted to use that chemical under Annex A or
Annex B; or
(iii) To a State not Party to this Convention which has provided an annual
certification to the exporting Party. Such certification shall specify the
intended use of the chemical and include a statement that, with respect to
that chemical, the importing State is committed to:
a. Protect human health and the environment by taking the necessary
measures to minimize or prevent releases;
b. Comply with the provisions of paragraph 1 of Article 6; and
c. Comply, where appropriate, with the provisions of paragraph 2 of Part
II of Annex B.
The certification shall also include any appropriate supporting
documentation, such as legislation, regulatory instruments, or administrative
or policy guidelines. The exporting Party shall transmit the certification to
the Secretariat within sixty days of receipt.
(c) That a chemical listed in Annex A, for which production and use specific
exemptions are no longer in effect for any Party, is not exported from it except for the purpose
of environmentally sound disposal as set forth in paragraph 1 (d) of Article 6;
(d) For the purposes of this paragraph, the term “State not Party to this Convention”
shall include, with respect to a particular chemical, a State or regional economic integration
organization that has not agreed to be bound by the Convention with respect to that chemical.
3. Each Party that has one or more regulatory and assessment schemes for new pesticides
or new industrial chemicals shall take measures to regulate with the aim of preventing the
production and use of new pesticides or new industrial chemicals which, taking into
consideration the criteria in paragraph 1 of Annex D, exhibit the characteristics of persistent
organic pollutants.
4. Each Party that has one or more regulatory and assessment schemes for pesticides or
industrial chemicals shall, where appropriate, take into consideration within these schemes the
criteria in paragraph 1 of Annex D when conducting assessments of pesticides or industrial
chemicals currently in use.
5. Except as otherwise provided in this Convention, paragraphs 1 and 2 shall not apply to
quantities of a chemical to be used for laboratory-scale research or as a reference standard.
6. Any Party that has a specific exemption in accordance with Annex A or a specific
exemption or an acceptable purpose in accordance with Annex B shall take appropriate
measures to ensure that any production or use under such exemption or purpose is carried out
in a manner that prevents or minimizes human exposure and release into the environment.
For exempted uses or acceptable purposes that involve intentional release into the
environment under conditions of normal use, such release shall be to the minimum extent
necessary, taking into account any applicable standards and guidelines.
Article 4
Register of specific exemptions
1. A Register is hereby established for the purpose of identifying the Parties that have
specific exemptions listed in Annex A or Annex B. It shall not identify Parties that make use
of the provisions in Annex A or Annex B that may be exercised by all Parties. The Register
shall be maintained by the Secretariat and shall be available to the public.
2. The Register shall include:
(a) A list of the types of specific exemptions reproduced from Annex A and
Annex B;
(b) A list of the Parties that have a specific exemption listed under Annex A or
Annex B; and
(c) A list of the expiry dates for each registered specific exemption.
3. Any State may, on becoming a Party, by means of a notification in writing to the
Secretariat, register for one or more types of specific exemptions listed in Annex A or Annex
B.
4. Unless an earlier date is indicated in the Register by a Party, or an extension is granted
pursuant to paragraph 7, all registrations of specific exemptions shall expire five years after
the date of entry into force of this Convention with respect to a particular chemical.
5. At its first meeting, the Conference of the Parties shall decide upon its review process
for the entries in the Register.
6. Prior to a review of an entry in the Register, the Party concerned shall submit a report to
the Secretariat justifying its continuing need for registration of that exemption. The report
shall be circulated by the Secretariat to all Parties. The review of a registration shall be
carried out on the basis of all available information. Thereupon, the Conference of the Parties
may make such recommendations to the Party concerned as it deems appropriate.
7. The Conference of the Parties may, upon request from the Party concerned, decide to
extend the expiry date of a specific exemption for a period of up to five years. In making its
decision, the Conference of the Parties shall take due account of the special circumstances of
the developing country Parties and Parties with economies in transition.
8. A Party may, at any time, withdraw an entry from the Register for a specific exemption
upon written notification to the Secretariat. The withdrawal shall take effect on the date
specified in the notification.
9. When there are no longer any Parties registered for a particular type of specific
exemption, no new registrations may be made with respect to it.
Article 5
Measures to reduce or eliminate releases from unintentional production
Each Party shall at a minimum take the following measures to reduce the total releases
derived from anthropogenic sources of each of the chemicals listed in Annex C, with the goal
of their continuing minimization and, where feasible, ultimate elimination:
(a) Develop an action plan or, where appropriate, a regional or subregional action
plan within two years of the date of entry into force of this Convention for it, and
subsequently implement it as part of its implementation plan specified in Article 7, designed
to identify, characterize and address the release of the chemicals listed in Annex C and to
facilitate implementation of subparagraphs (b) to (e). The action plan shall include the
following elements:
(i) An evaluation of current and projected releases, including the development
and maintenance of source inventories and release estimates, taking into
consideration the source categories identified in Annex C;
(ii) An evaluation of the efficacy of the laws and policies of the Party relating to
the management of such releases;
(iii) Strategies to meet the obligations of this paragraph, taking into account the
evaluations in (i) and (ii);
(iv) Steps to promote education and training with regard to, and awareness of,
those strategies;
(v) A review every five years of those strategies and of their success in meeting
the obligations of this paragraph; such reviews shall be included in reports
submitted pursuant to Article 15;
(vi) A schedule for implementation of the action plan, including for the
strategies and measures identified therein;
(b) Promote the application of available, feasible and practical measures that can
expeditiously achieve a realistic and meaningful level of release reduction or source
elimination;
(c) Promote the development and, where it deems appropriate, require the use of
substitute or modified materials, products and processes to prevent the formation and release
of the chemicals listed in Annex C, taking into consideration the general guidance on
prevention and release reduction measures in Annex C and guidelines to be adopted by
decision of the Conference of the Parties;
(d) Promote and, in accordance with the implementation schedule of its action plan,
require the use of best available techniques for new sources within source categories which a
Party has identified as warranting such action in its action plan, with a particular initial focus
on source categories identified in Part II of Annex C. In any case, the requirement to use best
available techniques for new sources in the categories listed in Part II of that Annex shall be
phased in as soon as practicable but no later than four years after the entry into force of the
Convention for that Party. For the identified categories, Parties shall promote the use of best
environmental practices. When applying best available techniques and best environmental
practices, Parties should take into consideration the general guidance on prevention and
release reduction measures in that Annex and guidelines on best available techniques and best
environmental practices to be adopted by decision of the Conference of the Parties;
(e) Promote, in accordance with its action plan, the use of best available techniques
and best environmental practices:
(i) For existing sources, within the source categories listed in Part II of Annex
C and within source categories such as those in Part III of that Annex; and
(ii) For new sources, within source categories such as those listed in Part III of
Annex C which a Party has not addressed under subparagraph (d).
When applying best available techniques and best environmental practices, Parties should take
into consideration the general guidance on prevention and release reduction measures in Annex
C and guidelines on best available techniques and best environmental practices to be adopted
by decision of the Conference of the Parties;
(f) For the purposes of this paragraph and Annex C:
(i) “Best available techniques” means the most effective and advanced stage in
the development of activities and their methods of operation which indicate
the practical suitability of particular techniques for providing in principle
the basis for release limitations designed to prevent and, where that is not
practicable, generally to reduce releases of chemicals listed in Part I of
Annex C and their impact on the environment as a whole. In this regard:
(ii) “Techniques” includes both the technology used and the way in which the
installation is designed, built, maintained, operated and decommissioned;
(iii) “Available” techniques means those techniques that are accessible to the
operator and that are developed on a scale that allows implementation in the
relevant industrial sector, under economically and technically viable
conditions, taking into consideration the costs and advantages; and
(iv) “Best” means most effective in achieving a high general level of protection
of the environment as a whole;
(v) “Best environmental practices” means the application of the most
appropriate combination of environmental control measures and strategies;
(vi) “New source” means any source of which the construction or substantial
modification is commenced at least one year after the date of:
a. Entry into force of this Convention for the Party concerned; or
b. Entry into force for the Party concerned of an amendment to Annex C
where the source becomes subject to the provisions of this
Convention only by virtue of that amendment.
(g) Release limit values or performance standards may be used by a Party to fulfill its
commitments for best available techniques under this paragraph.
Article 6
Measures to reduce or eliminate releases from stockpiles and wastes
1. In order to ensure that stockpiles consisting of or containing chemicals listed either in
Annex A or Annex B and wastes, including products and articles upon becoming wastes,
consisting of, containing or contaminated with a chemical listed in Annex A, B or C, are
managed in a manner protective of human health and the environment, each Party shall:
(a) Develop appropriate strategies for identifying:
(i) Stockpiles consisting of or containing chemicals listed either in Annex A or
Annex B; and
(ii) Products and articles in use and wastes consisting of, containing or
contaminated with a chemical listed in Annex A, B or C;
(b) Identify, to the extent practicable, stockpiles consisting of or containing chemicals
listed either in Annex A or Annex B on the basis of the strategies referred to in subparagraph
(a);
(c) Manage stockpiles, as appropriate, in a safe, efficient and environmentally sound
manner. Stockpiles of chemicals listed either in Annex A or Annex B, after they are no
longer allowed to be used according to any specific exemption specified in Annex A or any
specific exemption or acceptable purpose specified in Annex B, except stockpiles which are
allowed to be exported according to paragraph 2 of Article 3, shall be deemed to be waste and
shall be managed in accordance with subparagraph (d);
(d) Take appropriate measures so that such wastes, including products and articles
upon becoming wastes, are:
(i) Handled, collected, transported and stored in an environmentally sound
manner;
(ii) Disposed of in such a way that the persistent organic pollutant content is
destroyed or irreversibly transformed so that they do not exhibit the
characteristics of persistent organic pollutants or otherwise disposed of in an
environmentally sound manner when destruction or irreversible
transformation does not represent the environmentally preferable option or
the persistent organic pollutant content is low, taking into account
international rules, standards, and guidelines, including those that may be
developed pursuant to paragraph 2, and relevant global and regional
regimes governing the management of hazardous wastes;
(iii) Not permitted to be subjected to disposal operations that may lead to
recovery, recycling, reclamation, direct reuse or alternative uses of
persistent organic pollutants; and
(iv) Not transported across international boundaries without taking into account
relevant international rules, standards and guidelines;
(e) Endeavor to develop appropriate strategies for identifying sites contaminated by
chemicals listed in Annex A, B or C; if remediation of those sites is undertaken it shall be
performed in an environmentally sound manner.
2. The Conference of the Parties shall cooperate closely with the appropriate bodies of the
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and
their Disposal to, inter alia:
(a) Establish levels of destruction and irreversible transformation necessary to ensure
that the characteristics of persistent organic pollutants as specified in paragraph 1 of Annex D
are not exhibited;
(b) Determine what they consider to be the methods that constitute environmentally
sound disposal referred to above; and
(c) Work to establish, as appropriate, the concentration levels of the chemicals listed
in Annexes A, B and C in order to define the low persistent organic pollutant content referred
to in paragraph 1 (d) (ii).
Article 7
Implementation plans
1. Each Party shall:
(a) Develop and endeavour to implement a plan for the implementation of its
obligations under this Convention;
(b) Transmit its implementation plan to the Conference of the Parties within two
years of the date on which this Convention enters into force for it; and
(c) Review and update, as appropriate, its implementation plan on a periodic basis
and in a manner to be specified by a decision of the Conference of the Parties.
2. The Parties shall, where appropriate, cooperate directly or through global, regional and
subregional organizations, and consult their national stakeholders, including women’s groups
and groups involved in the health of children, in order to facilitate the development,
implementation and updating of their implementation plans.
3. The Parties shall endeavor to utilize and, where necessary, establish the means to
integrate national implementation plans for persistent organic pollutants in their sustainable
development strategies where appropriate.
Article 8
Listing of chemicals in Annexes A, B and C
1. A Party may submit a proposal to the Secretariat for listing a chemical in Annexes A, B
and/or C. The proposal shall contain the information specified in Annex D. In developing a
proposal, a Party may be assisted by other Parties and/or by the Secretariat.
2. The Secretariat shall verify whether the proposal contains the information specified in
Annex D. If the Secretariat is satisfied that the proposal contains the information so specified,
it shall forward the proposal to the Persistent Organic Pollutants Review Committee.
3. The Committee shall examine the proposal and apply the screening criteria specified in
Annex D in a flexible and transparent way, taking all information provided into account in an
integrative and balanced manner.
4. If the Committee decides that:
(a) It is satisfied that the screening criteria have been fulfilled, it shall, through the
Secretariat, make the proposal and the evaluation of the Committee available to all Parties and
observers and invite them to submit the information specified in Annex E; or
(b) It is not satisfied that the screening criteria have been fulfilled, it shall, through
the Secretariat, inform all Parties and observers and make the proposal and the evaluation of
the Committee available to all Parties and the proposal shall be set aside.
5. Any Party may resubmit a proposal to the Committee that has been set aside by the
Committee pursuant to paragraph 4. The resubmission may include any concerns of the Party
as well as a justification for additional consideration by the Committee. If, following this
procedure, the Committee again sets the proposal aside, the Party may challenge the decision
of the Committee and the Conference of the Parties shall consider the matter at its next
session. The Conference of the Parties may decide, based on the screening criteria in Annex
D and taking into account the evaluation of the Committee and any additional information
provided by any Party or observer, that the proposal should proceed.
6. Where the Committee has decided that the screening criteria have been fulfilled, or the
Conference of the Parties has decided that the proposal should proceed, the Committee shall
further review the proposal, taking into account any relevant additional information received,
and shall prepare a draft risk profile in accordance with Annex E. It shall, through the
Secretariat, make that draft available to all Parties and observers, collect technical comments
from them and, taking those comments into account, complete the risk profile.
7. If, on the basis of the risk profile conducted in accordance with Annex E, the
Committee decides:
(a) That the chemical is likely as a result of its long-range environmental transport to
lead to significant adverse human health and/or environmental effects such that global action
is warranted, the proposal shall proceed. Lack of full scientific certainty shall not prevent the
proposal from proceeding. The Committee shall, through the Secretariat, invite information
from all Parties and observers relating to the considerations specified in Annex F. It shall
then prepare a risk management evaluation that includes an analysis of possible control
measures for the chemical in accordance with that Annex; or
(b) That the proposal should not proceed, it shall, through the Secretariat, make the
risk profile available to all Parties and observers and set the proposal aside.
8. For any proposal set aside pursuant to paragraph 7 (b), a Party may request the
Conference of the Parties to consider instructing the Committee to invite additional
information from the proposing Party and other Parties during a period not to exceed one
year. After that period and on the basis of any information received, the Committee shall
reconsider the proposal pursuant to paragraph 6 with a priority to be decided by the
Conference of the Parties. If, following this procedure, the Committee again sets the proposal
aside, the Party may challenge the decision of the Committee and the Conference of the
Parties shall consider the matter at its next session. The Conference of the Parties may
decide, based on the risk profile prepared in accordance with Annex E and taking into account
the evaluation of the Committee and any additional information provided by any Party or
observer, that the proposal should proceed. If the Conference of the Parties decides that the
proposal shall proceed, the Committee shall then prepare the risk management evaluation.
9. The Committee shall, based on the risk profile referred to in paragraph 6 and the risk
management evaluation referred to in paragraph 7 (a) or paragraph 8, recommend whether the
chemical should be considered by the Conference of the Parties for listing in Annexes A, B
and/or C. The Conference of the Parties, taking due account of the recommendations of the
Committee, including any scientific uncertainty, shall decide, in a precautionary manner,
whether to list the chemical, and specify its related control measures, in Annexes A, B and/or
C.
Article 9
Information exchange
1. Each Party shall facilitate or undertake the exchange of information relevant to:
(a) The reduction or elimination of the production, use and release of persistent
organic pollutants; and
(b) Alternatives to persistent organic pollutants, including information relating to
their risks as well as to their economic and social costs.
2. The Parties shall exchange the information referred to in paragraph 1 directly or through
the Secretariat.
3. Each Party shall designate a national focal point for the exchange of such information.
4. The Secretariat shall serve as a clearing-house mechanism for information on persistent
organic pollutants, including information provided by Parties, intergovernmental
organizations and non-governmental organizations.
5. For the purposes of this Convention, information on health and safety of humans and
the environment shall not be regarded as confidential. Parties that exchange other information
pursuant to this Convention shall protect any confidential information as mutually agreed.
Article 10
Public information, awareness and education
1. Each Party shall, within its capabilities, promote and facilitate:
(a) Awareness among its policy and decision makers with regard to persistent organic
pollutants;
(b) Provision to the public of all available information on persistent organic
pollutants, taking into account paragraph 5 of Article 9;
(c) Development and implementation, especially for women, children and the least
educated, of educational and public awareness programs on persistent organic pollutants,
as well as on their health and environmental effects and on their alternatives;
(d) Public participation in addressing persistent organic pollutants and their health
and environmental effects and in developing adequate responses, including opportunities for
providing input at the national level regarding implementation of this Convention;
(e) Training of workers, scientists, educators and technical and managerial personnel;
(f) Development and exchange of educational and public awareness materials at the
national and international levels; and
(g) Development and implementation of education and training programs at the
national and international levels.
2. Each Party shall, within its capabilities, ensure that the public has access to the public
information referred to in paragraph 1 and that the information is kept up-to-date.
3. Each Party shall, within its capabilities, encourage industry and professional users to
promote and facilitate the provision of the information referred to in paragraph 1 at the
national level and, as appropriate, subregional, regional and global levels.
4. In providing information on persistent organic pollutants and their alternatives, Parties
may use safety data sheets, reports, mass media and other means of communication, and may
establish information centers at national and regional levels.
5. Each Party shall give sympathetic consideration to developing mechanisms, such as
pollutant release and transfer registers, for the collection and dissemination of information on
estimates of the annual quantities of the chemicals listed in Annex A, B or C that are released
or disposed of.
Article 11
Research, development and monitoring
1. The Parties shall, within their capabilities, at the national and international levels,
encourage and/or undertake appropriate research, development, monitoring and cooperation
pertaining to persistent organic pollutants and, where relevant, to their alternatives and to
candidate persistent organic pollutants, including on their:
(a) Sources and releases into the environment;
(b) Presence, levels and trends in humans and the environment;
(c) Environmental transport, fate and transformation;
(d) Effects on human health and the environment;
(e) Socio-economic and cultural impacts;
(f) Release reduction and/or elimination; and
(g) Harmonized methodologies for making inventories of generating sources and
analytical techniques for the measurement of releases.
2. In undertaking action under paragraph 1, the Parties shall, within their capabilities:
(a) Support and further develop, as appropriate, international programs, networks
and organizations aimed at defining, conducting, assessing and financing research, data
collection and monitoring, taking into account the need to minimize duplication of effort;
(b) Support national and international efforts to strengthen national scientific and
technical research capabilities, particularly in developing countries and countries with
economies in transition, and to promote access to, and the exchange of, data and analyses;
(c) Take into account the concerns and needs, particularly in the field of financial and
technical resources, of developing countries and countries with economies in transition and
cooperate in improving their capability to participate in the efforts referred to in
subparagraphs (a) and (b);
(d) Undertake research work geared towards alleviating the effects of persistent
organic pollutants on reproductive health;
(e) Make the results of their research, development and monitoring activities referred
to in this paragraph accessible to the public on a timely and regular basis; and
(f) Encourage and/or undertake cooperation with regard to storage and maintenance
of information generated from research, development and monitoring.
Article 12
Technical assistance
1. The Parties recognize that rendering of timely and appropriate technical assistance in
response to requests from developing country Parties and Parties with economies in transition
is essential to the successful implementation of this Convention.
2. The Parties shall cooperate to provide timely and appropriate technical assistance to
developing country Parties and Parties with economies in transition, to assist them, taking into
account their particular needs, to develop and strengthen their capacity to implement their
obligations under this Convention.
3. In this regard, technical assistance to be provided by developed country Parties, and
other Parties in accordance with their capabilities, shall include, as appropriate and as
mutually agreed, technical assistance for capacity-building relating to implementation of the
obligations under this Convention. Further guidance in this regard shall be provided by the
Conference of the Parties.
4. The Parties shall establish, as appropriate, arrangements for the purpose of providing
technical assistance and promoting the transfer of technology to developing country Parties
and Parties with economies in transition relating to the implementation of this Convention.
These arrangements shall include regional and subregional centers for capacity-building and
transfer of technology to assist developing country Parties and Parties with economies in
transition to fulfil their obligations under this Convention. Further guidance in this regard
shall be provided by the Conference of the Parties.
5. The Parties shall, in the context of this Article, take full account of the specific needs
and special situation of least developed countries and small island developing states in their
actions with regard to technical assistance.
Article 13
Financial resources and mechanisms
1. Each Party undertakes to provide, within its capabilities, financial support and
incentives in respect of those national activities that are intended to achieve the objective of
this Convention in accordance with its national plans, priorities and programs.
2. The developed country Parties shall provide new and additional financial resources to
enable developing country Parties and Parties with economies in transition to meet the agreed
full incremental costs of implementing measures which fulfill their obligations under this
Convention as agreed between a recipient Party and an entity participating in the mechanism
described in paragraph 6. Other Parties may also on a voluntary basis and in accordance with
their capabilities provide such financial resources. Contributions from other sources should
also be encouraged. The implementation of these commitments shall take into account the
need for adequacy, predictability, the timely flow of funds and the importance of burden
sharing among the contributing Parties.
3. Developed country Parties, and other Parties in accordance with their capabilities and in
accordance with their national plans, priorities and programmes, may also provide and
developing country Parties and Parties with economies in transition avail themselves of
financial resources to assist in their implementation of this Convention through other bilateral,
regional and multilateral sources or channels.
4. The extent to which the developing country Parties will effectively implement their
commitments under this Convention will depend on the effective implementation by
developed country Parties of their commitments under this Convention relating to financial
resources, technical assistance and technology transfer. The fact that sustainable economic
and social development and eradication of poverty are the first and overriding priorities of the
developing country Parties will be taken fully into account, giving due consideration to the
need for the protection of human health and the environment.
5. The Parties shall take full account of the specific needs and special situation of the least
developed countries and the small island developing states in their actions with regard to
funding.
6. A mechanism for the provision of adequate and sustainable financial resources to
developing country Parties and Parties with economies in transition on a grant or concessional
basis to assist in their implementation of the Convention is hereby defined. The mechanism
shall function under the authority, as appropriate, and guidance of, and be accountable to the
Conference of the Parties for the purposes of this Convention. Its operation shall be entrusted
to one or more entities, including existing international entities, as may be decided upon by
the Conference of the Parties. The mechanism may also include other entities providing
multilateral, regional and bilateral financial and technical assistance. Contributions to the
mechanism shall be additional to other financial transfers to developing country Parties and
Parties with economies in transition as reflected in, and in accordance with, paragraph 2.
7. Pursuant to the objectives of this Convention and paragraph 6, the Conference of the
Parties shall at its first meeting adopt appropriate guidance to be provided to the mechanism
and shall agree with the entity or entities participating in the financial mechanism upon
arrangements to give effect thereto. The guidance shall address, inter alia:
(a) The determination of the policy, strategy and program priorities, as well as
clear and detailed criteria and guidelines regarding eligibility for access to and utilization of
financial resources including monitoring and evaluation on a regular basis of such utilization;
(b) The provision by the entity or entities of regular reports to the Conference of the
Parties on adequacy and sustainability of funding for activities relevant to the implementation
of this Convention;
(c) The promotion of multiple-source funding approaches, mechanisms and
arrangements;
(d) The modalities for the determination in a predictable and identifiable manner of
the amount of funding necessary and available for the implementation of this Convention,
keeping in mind that the phasing out of persistent organic pollutants might require sustained
funding, and the conditions under which that amount shall be periodically reviewed; and
(e) The modalities for the provision to interested Parties of assistance with needs
assessment, information on available sources of funds and on funding patterns in order to
facilitate coordination among them.
8. The Conference of the Parties shall review, not later than its second meeting and
thereafter on a regular basis, the effectiveness of the mechanism established under this
Article, its ability to address the changing needs of the developing country Parties and Parties
with economies in transition, the criteria and guidance referred to in paragraph 7, the level of
funding as well as the effectiveness of the performance of the institutional entities entrusted to
operate the financial mechanism. It shall, based on such review, take appropriate action, if
necessary, to improve the effectiveness of the mechanism, including by means of
recommendations and guidance on measures to ensure adequate and sustainable funding to
meet the needs of the Parties.
Article 14
Interim financial arrangements
The institutional structure of the Global Environment Facility, operated in accordance
with the Instrument for the Establishment of the Restructured Global Environment Facility,
shall, on an interim basis, be the principal entity entrusted with the operations of the financial
mechanism referred to in Article 13, for the period between the date of entry into force of this
Convention and the first meeting of the Conference of the Parties, or until such time as the
Conference of the Parties decides which institutional structure will be designated in
accordance with Article 13. The institutional structure of the Global Environment Facility
should fulfill this function through operational measures related specifically to persistent
organic pollutants taking into account that new arrangements for this area may be needed.
Article 15
Reporting
1. Each Party shall report to the Conference of the Parties on the measures it has taken to
implement the provisions of this Convention and on the effectiveness of such measures in
meeting the objectives of the Convention.
2. Each Party shall provide to the Secretariat:
(a) Statistical data on its total quantities of production, import and export of each of
the chemicals listed in Annex A and Annex B or a reasonable estimate of such data; and
(b) To the extent practicable, a list of the States from which it has imported each such
substance and the States to which it has exported each such substance.
3. Such reporting shall be at periodic intervals and in a format to be decided by the
Conference of the Parties at its first meeting.
Article 16
Effectiveness evaluation
1. Commencing four years after the date of entry into force of this Convention, and
periodically thereafter at intervals to be decided by the Conference of the Parties, the
Conference shall evaluate the effectiveness of this Convention.
2. In order to facilitate such evaluation, the Conference of the Parties shall, at its first
meeting, initiate the establishment of arrangements to provide itself with comparable
monitoring data on the presence of the chemicals listed in Annexes A, B and C as well as their
regional and global environmental transport. These arrangements:
(a) Should be implemented by the Parties on a regional basis when appropriate, in
accordance with their technical and financial capabilities, using existing monitoring
programs and mechanisms to the extent possible and promoting harmonization of
approaches;
(b) May be supplemented where necessary, taking into account the differences
between regions and their capabilities to implement monitoring activities; and
(c) Shall include reports to the Conference of the Parties on the results of the
monitoring activities on a regional and global basis at intervals to be specified by the
Conference of the Parties.
3. The evaluation described in paragraph 1 shall be conducted on the basis of available
scientific, environmental, technical and economic information, including:
(a) Reports and other monitoring information provided pursuant to paragraph 2;
(b) National reports submitted pursuant to Article 15; and
(c) Non-compliance information provided pursuant to the procedures established
under Article 17.
Article 17
Non-compliance
The Conference of the Parties shall, as soon as practicable, develop and approve
procedures and institutional mechanisms for determining non-compliance with the provisions
of this Convention and for the treatment of Parties found to be in non-compliance.
Article 18
Settlement of disputes
1. Parties shall settle any dispute between them concerning the interpretation or
application of this Convention through negotiation or other peaceful means of their own
choice.
2. When ratifying, accepting, approving or acceding to the Convention, or at any time
thereafter, a Party that is not a regional economic integration organization may declare in a
written instrument submitted to the depositary that, with respect to any dispute concerning the
interpretation or application of the Convention, it recognizes one or both of the following
means of dispute settlement as compulsory in relation to any Party accepting the same
obligation:
(a) Arbitration in accordance with procedures to be adopted by the Conference of the
Parties in an annex as soon as practicable;
(b) Submission of the dispute to the International Court of Justice.
3. A Party that is a regional economic integration organization may make a declaration
with like effect in relation to arbitration in accordance with the procedure referred to in
paragraph 2 (a).
4. A declaration made pursuant to paragraph 2 or paragraph 3 shall remain in force until it
expires in accordance with its terms or until three months after written notice of its revocation
has been deposited with the depositary.
5. The expiry of a declaration, a notice of revocation or a new declaration shall not in any
way affect proceedings pending before an arbitral tribunal or the International Court of Justice
unless the parties to the dispute otherwise agree.
6. If the parties to a dispute have not accepted the same or any procedure pursuant to
paragraph 2, and if they have not been able to settle their dispute within twelve months
following notification by one party to another that a dispute exists between them, the dispute
shall be submitted to a conciliation commission at the request of any party to the dispute. The
conciliation commission shall render a report with recommendations. Additional procedures
relating to the conciliation commission shall be included in an annex to be adopted by the
Conference of the Parties no later than at its second meeting.
Article 19
Conference of the Parties
1. A Conference of the Parties is hereby established.
2. The first meeting of the Conference of the Parties shall be convened by the Executive
Director of the United Nations Environment Program no later than one year after the entry
into force of this Convention. Thereafter, ordinary meetings of the Conference of the Parties
shall be held at regular intervals to be decided by the Conference.
3. Extraordinary meetings of the Conference of the Parties shall be held at such other
times as may be deemed necessary by the Conference, or at the written request of any Party
provided that it is supported by at least one third of the Parties.
4. The Conference of the Parties shall by consensus agree upon and adopt at its first
meeting rules of procedure and financial rules for itself and any subsidiary bodies, as well as
financial provisions governing the functioning of the Secretariat.
5. The Conference of the Parties shall keep under continuous review and evaluation the
implementation of this Convention. It shall perform the functions assigned to it by the
Convention and, to this end, shall:
(a) Establish, further to the requirements of paragraph 6, such subsidiary bodies as it
considers necessary for the implementation of the Convention;
(b) Cooperate, where appropriate, with competent international organizations and
intergovernmental and non-governmental bodies; and
(c) Regularly review all information made available to the Parties pursuant to Article
15, including consideration of the effectiveness of paragraph 2 (b) (iii) of Article 3;
(d) Consider and undertake any additional action that may be required for the
achievement of the objectives of the Convention.
6. The Conference of the Parties shall, at its first meeting, establish a subsidiary body to be
called the Persistent Organic Pollutants Review Committee for the purposes of performing the
functions assigned to that Committee by this Convention. In this regard:
(a) The members of the Persistent Organic Pollutants Review Committee shall be
appointed by the Conference of the Parties. Membership of the Committee shall consist of
government-designated experts in chemical assessment or management. The members of the
Committee shall be appointed on the basis of equitable geographical distribution;
(b) The Conference of the Parties shall decide on the terms of reference, organization
and operation of the Committee; and
(c) The Committee shall make every effort to adopt its recommendations by
consensus. If all efforts at consensus have been exhausted, and no consensus reached, such
recommendation shall as a last resort be adopted by a two-thirds majority vote of the members
present and voting.
7. The Conference of the Parties shall, at its third meeting, evaluate the continued need for
the procedure contained in paragraph 2 (b) of Article 3, including consideration of its
effectiveness.
8. The United Nations, its specialized agencies and the International Atomic Energy
Agency, as well as any State not Party to this Convention, may be represented at meetings of
the Conference of the Parties as observers. Any body or agency, whether national or
international, governmental or non-governmental, qualified in matters covered by the
Convention, and which has informed the Secretariat of its wish to be represented at a meeting
of the Conference of the Parties as an observer may be admitted unless at least one third of the
Parties present object. The admission and participation of observers shall be subject to the
rules of procedure adopted by the Conference of the Parties.
Article 20
Secretariat
1. A Secretariat is hereby established.
2. The functions of the Secretariat shall be:
(a) To make arrangements for meetings of the Conference of the Parties and its
subsidiary bodies and to provide them with services as required;
(b) To facilitate assistance to the Parties, particularly developing country Parties and
Parties with economies in transition, on request, in the implementation of this Convention;
(c) To ensure the necessary coordination with the secretariats of other relevant
international bodies;
(d) To prepare and make available to the Parties periodic reports based on
information received pursuant to Article 15 and other available information;
(e) To enter, under the overall guidance of the Conference of the Parties, into such
administrative and contractual arrangements as may be required for the effective discharge of
its functions; and
(f) To perform the other secretariat functions specified in this Convention and such
other functions as may be determined by the Conference of the Parties.
3. The secretariat functions for this Convention shall be performed by the Executive
Director of the United Nations Environment Program, unless the Conference of the Parties
decides, by a three-fourths majority of the Parties present and voting, to entrust the secretariat
functions to one or more other international organizations.
Article 21
Amendments to the Convention
1. Amendments to this Convention may be proposed by any Party.
2. Amendments to this Convention shall be adopted at a meeting of the Conference of the
Parties. The text of any proposed amendment shall be communicated to the Parties by the
Secretariat at least six months before the meeting at which it is proposed for adoption. The
Secretariat shall also communicate proposed amendments to the signatories to this
Convention and, for information, to the depositary.
3. The Parties shall make every effort to reach agreement on any proposed amendment to
this Convention by consensus. If all efforts at consensus have been exhausted, and no
agreement reached, the amendment shall as a last resort be adopted by a three-fourths
majority vote of the Parties present and voting.
4. The amendment shall be communicated by the depositary to all Parties for ratification,
acceptance or approval.
5. Ratification, acceptance or approval of an amendment shall be notified to the depositary
in writing. An amendment adopted in accordance with paragraph 3 shall enter into force for
the Parties having accepted it on the ninetieth day after the date of deposit of instruments of
ratification, acceptance or approval by at least three-fourths of the Parties. Thereafter, the
amendment shall enter into force for any other Party on the ninetieth day after the date on
which that Party deposits its instrument of ratification, acceptance or approval of the
amendment.
Article 22
Adoption and amendment of annexes
1. Annexes to this Convention shall form an integral part thereof and, unless expressly
provided otherwise, a reference to this Convention constitutes at the same time a reference to
any annexes thereto.
2. Any additional annexes shall be restricted to procedural, scientific, technical or
administrative matters.
3. The following procedure shall apply to the proposal, adoption and entry into force of
additional annexes to this Convention:
(a) Additional annexes shall be proposed and adopted according to the procedure laid
down in paragraphs 1, 2 and 3 of Article 21;
(b) Any Party that is unable to accept an additional annex shall so notify the
depositary, in writing, within one year from the date of communication by the depositary of
the adoption of the additional annex. The depositary shall without delay notify all Parties of
any such notification received. A Party may at any time withdraw a previous notification of
non-acceptance in respect of any additional annex, and the annex shall thereupon enter into
force for that Party subject to subparagraph (c); and
(c) On the expiry of one year from the date of the communication by the depositary
of the adoption of an additional annex, the annex shall enter into force for all Parties that have
not submitted a notification in accordance with the provisions of subparagraph (b).
4. The proposal, adoption and entry into force of amendments to Annex A, B or C shall be
subject to the same procedures as for the proposal, adoption and entry into force of additional
annexes to this Convention, except that an amendment to Annex A, B or C shall not enter into
force with respect to any Party that has made a declaration with respect to amendment to
those Annexes in accordance with paragraph 4 of Article 25, in which case any such
amendment shall enter into force for such a Party on the ninetieth day after the date of deposit
with the depositary of its instrument of ratification, acceptance, approval or accession with
respect to such amendment.
5. The following procedure shall apply to the proposal, adoption and entry into force of an
amendment to Annex D, E or F:
(a) Amendments shall be proposed according to the procedure in paragraphs 1 and 2
of Article 21;
(b) The Parties shall take decisions on an amendment to Annex D, E or F by
consensus; and
(c) A decision to amend Annex D, E or F shall forthwith be communicated to the
Parties by the depositary. The amendment shall enter into force for all Parties on a date to be
specified in the decision.
6. If an additional annex or an amendment to an annex is related to an amendment to this
Convention, the additional annex or amendment shall not enter into force until such time as
the amendment to the Convention enters into force.
Article 23
Right to vote
1. Each Party to this Convention shall have one vote, except as provided for in paragraph
2.
2. A regional economic integration organization, on matters within its competence, shall
exercise its right to vote with a number of votes equal to the number of its member States that
are Parties to this Convention. Such an organization shall not exercise its right to vote if any
of its member States exercises its right to vote, and vice versa.
Article 24
Signature
This Convention shall be open for signature at Stockholm by all States and regional
economic integration organizations on 23 May 2001, and at the United Nations Headquarters
in New York from 24 May 2001 to 22 May 2002.
Article 25
Ratification, acceptance, approval or accession
1. This Convention shall be subject to ratification, acceptance or approval by States and by
regional economic integration organizations. It shall be open for accession by States and by
regional economic integration organizations from the day after the date on which the
Convention is closed for signature. Instruments of ratification, acceptance, approval or
accession shall be deposited with the depositary.
2. Any regional economic integration organization that becomes a Party to this
Convention without any of its member States being a Party shall be bound by all the
obligations under the Convention. In the case of such organizations, one or more of whose
member States is a Party to this Convention, the organization and its member States shall
decide on their respective responsibilities for the performance of their obligations under the
Convention. In such cases, the organization and the member States shall not be entitled to
exercise rights under the Convention concurrently.
3. In its instrument of ratification, acceptance, approval or accession, a regional economic
integration organization shall declare the extent of its competence in respect of the matters
governed by this Convention. Any such organization shall also inform the depositary, who
shall in turn inform the Parties, of any relevant modification in the extent of its competence.
4. In its instrument of ratification, acceptance, approval or accession, any Party may
declare that, with respect to it, any amendment to Annex A, B or C shall enter into force only
upon the deposit of its instrument of ratification, acceptance, approval or accession with
respect thereto.
Article 26
Entry into force
1. This Convention shall enter into force on the ninetieth day after the date of deposit of
the fiftieth instrument of ratification, acceptance, approval or accession.
2. For each State or regional economic integration organization that ratifies, accepts or
approves this Convention or accedes thereto after the deposit of the fiftieth instrument of
ratification, acceptance, approval or accession, the Convention shall enter into force on the
ninetieth day after the date of deposit by such State or regional economic integration
organization of its instrument of ratification, acceptance, approval or accession.
3. For the purpose of paragraphs 1 and 2, any instrument deposited by a regional economic
integration organization shall not be counted as additional to those deposited by member
States of that organization.
Article 27
Reservations
No reservations may be made to this Convention.
Article 28
Withdrawal
1. At any time after three years from the date on which this Convention has entered into
force for a Party, that Party may withdraw from the Convention by giving written notification
to the depositary.
2. Any such withdrawal shall take effect upon the expiry of one year from the date of
receipt by the depositary of the notification of withdrawal, or on such later date as may be
specified in the notification of withdrawal.
Article 29
Depositary
The Secretary-General of the United Nations shall be the depositary of this
Convention.
Article 30
Authentic texts
The original of this Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General
of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have
signed this Convention.
Done at Stockholm on this twenty-second day of May, two thousand and one.
