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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

[Preamble]

Final Act of the Conference of Plenipotentiaries on the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

In accordance with relevant provisions of chapter 19 of Agenda 21, decisions 18/12 and 19/13 A of the Governing Council of the United Nations Environment Programme (UNEP), adopted at its eighteenth and nineteenth sessions in May 1995 and February 1997, respectively, and relevant decisions of the hundred and seventh and the hundred and eleventh sessions of the Council of the Food and Agriculture Organization of the United Nations (FAO) and the twenty-ninth session of the FAO Conference, held in November 1994, October 1996 and November 1997, respectively, the Executive Director of UNEP and the Director-General of FAO jointly convened five sessions of the Inter-governmental 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: the first session was held in Brussels from 11 to 15 March 1996; the second session in Nairobi from 16 to 20 September 1996; the third session in Geneva from 26 to 30 May 1997; the fourth session in Rome from 20 to 24 October 1997; and the fifth session in Brussels from 9 to 14 March 1998. At its fifth session, the Inter-governmental Negotiating Committee agreed upon the text of the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. The Governing Council of UNEP and the FAO Council and Conference envisaged and requested, in their respective decisions on the matter, that the Executive Director of UNEP and the Director-General of FAO should jointly convene a diplomatic conference for the adoption and signature of the Convention.

2. Upon the invitation by the Government of the Kingdom of the Netherlands, the Executive Director of UNEP and the Director-General of FAO convened the Conference of Plenipotentiaries on the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade in Rotterdam on 10 and 11 September 1998.

3. Representatives from the following States and regional economic integration organizations participated in the Conference: Albania, Angola, Argentina, Armenia, Australia, Austria, Bangladesh, Barbados, Belgium, Benin, Brazil, Burkina Faso, Cameroon, Canada, Chad, Chile, China, Colombia, Congo, Côte d'Ivoire, Cuba, Cyprus, Democratic Republic of the Congo, Denmark, Ecuador, Egypt, European Community, Finland, France, Gambia, Germany, Ghana, Greece, Haiti, Honduras, Hungary, India, Indonesia, Iran (Islamic Republic of), Israel, Italy, Jamaica, Japan, Kenya, Kuwait, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Mexico, Mongolia, Morocco, Namibia, Netherlands, New Zealand, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Rwanda, Saint Lucia, Samoa, Senegal, Seychelles, Singapore, Slovenia, South Africa, Spain, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tunisia, Turkey, Uganda, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Uruguay and Yemen.

4. Observers from the following States attended the proceedings of the Conference:

Belarus, Bolivia, Botswana, Bulgaria, Democratic People's Republic of Korea, Guatemala, Ireland, Oman, Papua New Guinea, Russian Federation, Slovakia, the former Yugoslav Republic of Macedonia and Ukraine.

5. The following United Nations body and convention secretariat were represented by observers: United Nations Institute for Training and Research (UNITAR) and Organization for the Prohibition of Chemical Weapons (OPCW).

6. The following non-governmental organizations were represented by observers:

Global Crop Protection Federation (GCPF), International Council of Chemical Associations (ICCA), International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF), Netherlands Society for Nature and Environment and Pesticides Trust.

7. The Conference was formally opened with statements from Mr. Klaus Töpfer, Executive Director of UNEP, and Mr. Jacques Diouf, Director-General of FAO. In the course of the inaugural ceremony, the Conference heard a welcoming address by Mr. Jan Pronk, Minister of Housing, Spatial Planning and the Environment of the Netherlands, on behalf of the Government of the Kingdom of the Netherlands.

8. Mr. Klaus Töpfer and Mr. Jacques Diouf served as Secretaries-General of the Conference, and Mr. James Willis (UNEP) and Mr. Niek van der Graaff (FAO) served as Executive Secretaries.

9. The Conference unanimously elected the following officers to form its Bureau:

President: Mr. Jan Pronk (Netherlands)

Vice-Presidents: Mr. Antonio H. Cerilles (Philippines)

Mr. Jeno Molnár (Hungary)

Mr. Souty Touré (Senegal)

Rapporteur: Ms. Maria Celina de Azevedo Rodrigues (Brazil)

10. The Conference, on the basis of the provisional agenda contained in document UNEP/FAO/PIC/CONF/1, adopted the following agenda:

1.Opening of the Conference.
2.Organizational matters:
 (a) Adoption of the rules of procedure;
 (b) Election of officers;
 (c) Adoption of the agenda;
 (d) Appointment of the Credentials Committee;
 (e) Organization of the work of the Conference.
3.Report of the Credentials Committee.
4.Adoption of the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.
5.Adoption of resolutions.
6.Adoption of the Final Act of the Conference.
7.Signature of the Final Act and the Convention.
8.Closure of the Conference.

11. The Conference had before it the rules of procedure for meetings of the Inter-governmental Negotiating Committee, made available to it in the annex to document UNEP/ FAO/PIC/CONF/3. The Conference decided to apply the rules of procedure of the Inter-governmental Negotiating Committee, mutatis mutandis, to its proceedings.

12. The Conference agreed to work in its entirety without establishing any subsidiary body, except for the Credentials Committee.

13. The Conference appointed the Credentials Committee, consisting of the members of the Bureau, that examined, with the assistance of the Secretariat, the credentials of the representatives at the Conference and reported thereon to the Conference. The Conference approved the recommendations of the Credentials Committee that the credentials of the representatives of the participating States and regional economic integration organizations, as listed in paragraph 3, should be recognized as being in order.

14. The Conference had before it, as a basis for its work, the following documents:

(a) The text of the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, as agreed by the Inter-governmental Negotiating Committee at its fifth session (UNEP/FAO/PIC/CONF/2);

(b) The draft resolution on interim arrangements, prepared by the Intergovernmental Negotiating Committee at its fifth session (UNEP/FAO/PIC/CONF/4).

15. Ms. de Azevedo Rodrigues (Brazil), Chair of the Intergovernmental Negotiating Committee, upon the invitation of the President, formally presented to the Conference the text of the Convention as agreed by the Intergovernmental Negotiating Committee at its fifth session, as well as the draft resolution on interim arrangements submitted to the Conference by the Intergovernmental Negotiating Committee.

16. The Conference adopted, on 10 September 1998, the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. The Convention, which is appended to this Final Act, will be opened for signature at the Conference on 11 September 1998, and at United Nations Headquarters from 12 September 1998 to 10 September 1999.

17. The Conference also adopted the following resolutions which are appended to this Final Act:

(a) Resolution on interim arrangements;

(b) Resolution concerning the secretariat;

(c) Tribute to the Government of the Kingdom of the Netherlands.

18. Some of the serious concerns raised by several delegations during the Conference, regarding matters related to the Convention, are recorded in the statement of the President of the Conference which is appended hereto.

IN WITNESS WHEREOF the representatives have signed this Final Act.

DONE at Rotterdam, on this eleventh day of September, one thousand nine hundred and ninety-eight, in one original in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic. The original of the Final Act shall be deposited with the Secretary-General of the United Nations.

President of the Conference:Jan PRONK
Secretaries-General of the Conference:Klaus TÖPFER
 Jacques DIOUF
Executive Secretaries of the Conference:James WILLIS
 Niek VAN DER GRAAFF

Representatives of the following States and regional economic integration organizations signed the Final Act: Albania, Angola, Argentina, Armenia, Australia, Austria, Barbados, Belgium, Benin, Brazil, Burkina Faso, Cameroon, Canada, Chad, Chile, China, Colombia, Congo, Côte d'Ivoire, Cuba, Cyprus, Denmark, Democratic Republic of the Congo, Ecuador, European Community, Finland, France, Gambia, Germany, Ghana, Greece, Haiti, Hungary, India, Indonesia, Iran (Islamic Republic of), Israel, Italy, Jamaica, Japan, Kenya, Kuwait, Luxembourg, Madagascar, Malawi, Mali, Mongolia, Namibia, Netherlands, New Zealand, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Rwanda, Saint Lucia, Senegal, Seychelles, Singapore, Slovenia, South Africa, Spain, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tunisia, Turkey, Uganda, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Uruguay and Yemen.


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