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Conference of Plenipotentiaries on the Convention on the Prior Informed Consent Procedure for Certain Hazardouschemicals and Pesticides in International Trade, Rotterdam, 10-11 September 1998

[Preamble]

Annex I - Resolutions Adopted By The Conference Of Plenipotentiaries On The Convention On The Prior Informed Consent Procedure For Certain Hazardous Chemicals And Pesticides In International Trade

1. Resolution on interim arrangements

I
II
III

2. Resolution Concerning the Secretariat

3. Tribute to the Government of the Kingdom of the Netherlands

Annex II - Statement By The President Of The Conference Of PlenipotentiarIes On The Convention On The Prior Informed Consent Procedure For Certain Hazardous Chemicals And Pesticides In International Trade

[statement]

Annex III - Rotterdam Convention On The Prior Informed Consent Procedure For Certain Hazardous Chemicals And Pesticides In International Trade

[preamble]

Article 1 - Objective

Article 2 - Definitions

Article 3 - Scope of the Convention

Article 4 - Designated national authorities

Article 5 - Procedures for banned or severely restricted chemicals

Article 6 - Procedures for severely hazardous pesticide formulations

Article 7 - Listing of chemicals in Annex III

Article 8 - Chemicals in the voluntary Prior Informed Consent procedure

Article 9 - Removal of chemicals from Annex III

Article 10 - Obligations in relation to imports of chemicals listed in Annex III

Article 11 - Obligations in relation to exports of chemicals listed in Annex III

Article 12 - Export notification

Article 13 - Information to accompany exported chemicals

Article 14 - Information exchange

Article 15 - Implementation of the Convention

Article 16 - Technical assistance

Article 17 - Non-Compliance

Article 18 - Conference of the Parties

Article 19 - Secretariat

Article 20 - Settlement of disputes

Article 21 - Amendments to the Convention

Article 22 - Adoption and amendment of annexes

Article 23 - Voting

Article 24 - Signature

Article 25 - Ratification, acceptance, approval or accession

Article 26 - Entry into force

Article 27 - Reservations

Article 28 - Withdrawal

Article 29 - Depositary

Article 30 - Authentic texts

Annex I - Information Requirements For Notifications Made Pursuant To Article 5

1. Properties, identification and uses
2. Final regulatory action

Annex II - Criteria For Listing Banned Or Severely Restricted Chemicals In Annex III

Annex III - Chemicals Subject To The Prior Informed Consent Procedure

Annex IV - Information and Criteria for Listing Severely Hazardous Pesticide Formulations in Annex III

Part 1. Documentation required from a proposing Party Proposals submitted pursuant to paragraph 1 of Article 6 shall include adequate documentation containing the following information:
Part 2. Information to be collected by the Secretariat Pursuant to paragraph 3 of Article 6, the Secretariat shall collect relevant information relating to the formulation, including:
Part 3. Criteria for listing severely hazardous pesticide formulations in Annex III

Annex V - Information Requirements For Export Notification

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998)

United Nations (UN)

copy @ Lex Mercatoria

Conference of Plenipotentiaries on the Convention on the Prior Informed Consent Procedure for Certain Hazardouschemicals and Pesticides in International Trade, Rotterdam, 10-11 September 1998

Annex III - Rotterdam Convention On The Prior Informed Consent Procedure For Certain Hazardous Chemicals And Pesticides In International Trade

Article 10 - Obligations in relation to imports of chemicals listed in Annex III

1. Each Party shall implement appropriate legislative or administrative measures to ensure timely decisions with respect to the import of chemicals listed in Annex III.

2. Each Party shall transmit to the Secretariat, as soon as possible, and in any event no later than nine months after the date of dispatch of the decision guidance document referred to in paragraph 3 of Article 7, a response concerning the future import of the chemical concerned. If a Party modifies this response, it shall forthwith submit the revised response to the Secretariat.

3. The Secretariat shall, at the expiration of the time period in paragraph 2, forthwith address to a Party that has not provided such a response, a written request to do so. Should the Party be unable to provide a response, the Secretariat shall, where appropriate, help it to provide a response within the time period specified in the last sentence of paragraph 2 of Article 11.

4. A response under paragraph 2 shall consist of either:

(a) A final decision, pursuant to legislative or administrative measures:

(i) To consent to import;

(ii) Not to consent to import; or

(iii) To consent to import only subject to specified conditions; or

(b) An interim response, which may include:

(i) An interim decision consenting to import with or without specified conditions, or not consenting to import during the interim period;

(ii) A statement that a final decision is under active consideration;

(iii) A request to the Secretariat, or to the Party that notified the final regulatory action, for further information;

(iv) A request to the Secretariat for assistance in evaluating the chemical.

5. A response under subparagraphs (a) or (b) of paragraph 4 shall relate to the category or categories specified for the chemical in Annex III.

6. A final decision should be accompanied by a description of any legislative or administrative measures upon which it is based.

7. Each Party shall, no later than the date of entry into force of this Convention for it, transmit to the Secretariat responses with respect to each chemical listed in Annex III. A Party that has provided such responses under the Amended London Guidelines or the International Code of Conduct need not resubmit those responses.

8. Each Party shall make its responses under this Article available to those concerned within its jurisdiction, in accordance with its legislative or administrative measures.

9. A Party that, pursuant to paragraphs 2 and 4 above and paragraph 2 of Article 11, takes a decision not to consent to import of a chemical or to consent to its import only under specified conditions shall, if it has not already done so, simultaneously prohibit or make subject to the same conditions:

(a) Import of the chemical from any source; and

(b) Domestic production of the chemical for domestic use.

10. Every six months the Secretariat shall inform all Parties of the responses it has received. Such information shall include a description of the legislative or administrative measures on which the decisions have been based, where available. The Secretariat shall, in addition, inform the Parties of any cases of failure to transmit a response.


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