Unep/Pops/Conf/Pm/L.1

UNEP/POPS/CONF/PM/L.1

UNITED

NATIONS /

EP

United Nations

Environment

Programme

/ Distr.
GENERAL
UNEP/POPS/CONF/PM/3/Rev.1
21 May 2001
ORIGINAL: ENGLISH

UNEP/POPS/CONF/PM/3/Rev.1

PREPARATORY MEETING FOR THE CONFERENCE

OF PLENIPOTENTIARIES ON THE STOCKHOLM

CONVENTION ON PERSISTENT ORGANIC POLLUTANTS

Stockholm, 21 May 2001

REPORT OF THE PREPARATORY MEETING FOR THE CONFERENCE OF PLENIPOTENTIARIES ON THE STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS

In its decision 19/13 C of 7 February 1997, the Governing Council of the United Nations Environment Programme (UNEP) requested the Executive Director of UNEP, together with relevant international organizations, to prepare for and convene, by early 1998, an intergovernmental negotiating committee with a mandate to prepare an international legally binding instrument for implementing international action on certain persistent organic pollutants (POPs), initially beginning with 12 specified POPs. [1]/ The intergovernmental negotiating committee was also requested, at its first session, to establish an expert group for the development of science-based criteria and a procedure for identifying additional POPs as candidates for future international action.

In accordance with the above mandate, the first, second, third, fourth and fifth sessions of the Intergovernmental Negotiating Committee for an International Legally Binding Instrument for Implementing International Action on Certain Persistent Organic Pollutants were held in Montreal from 29 June to 3 July 1998, in Nairobi from 25 to 29 January 1999, in Geneva from 6 to 11 September 1999, in Bonn from 20 to 25 March 2000 and in Johannesburg from 4 to 10 December 2000.

At its fifth session, the Intergovernmental Negotiating Committee agreed on the international legally binding instrument, the Stockholm Convention on Persistent Organic Pollutants, for adoption by the Conference of Plenipotentiaries. The Intergovernmental Negotiating Committee also requested the secretariat to arrange an appropriate process, to complete the text of the draft resolutions that the Intergovernmental Negotiating Committee did not have time to consider, for consideration and adoption by the Conference of Plenipotentiaries.

In order to finalize the resolutions that the Intergovernmental Negotiating Committee did not have time to consider, a preparatory meeting to the Conference of Plenipotentiaries was held at Folkets Hus in Stockholm, on 21 May 2001, at the invitation of the Government of the Kingdom of Sweden.

I. ORGANIZATION OF THE SESSION

A. Opening of the session

The session was opened at 10 a.m. on Monday, 21 May 2001 by Mr.James B. Willis, on behalf of the Executive Director of UNEP. He emphasized the need to reach a rapid agreement on the resolutions in order for them to be considered fully by the Conference of Plenipotentiaries.

B. Attendance

The session was attended by representatives of the following countries: Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Bangladesh, Belarus, Belgium, Benin, Bolivia, Brazil, Bulgaria, Burkina Faso, Cambodia, Canada, Central African Republic, Chad, Chile, China, Colombia, Congo, Côte d’Ivoire, Croatia, Cuba, Czech Republic, Democratic People’s Republic of Korea, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Guinea, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Latvia, Liechtenstein, Luxembourg, Malaysia, Mali, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Saint Lucia, Samoa, Saudi Arabia, Senegal, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Thailand, The former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Uruguay, Venezuela, Viet Nam, Zambia and Zimbabwe.

The following United Nations bodies, specialized agencies and convention secretariats were represented: Secretariat of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, Food and Agriculture Organization of the United Nations (FAO), Global Environment Facility (GEF), United Nations Industrial Development Organization (UNIDO), United Nations Institute for Training and Research (UNITAR), World Bank and the World Health Organization (WHO).

The following intergovernmental organizations were represented: European Commission (EC), Organization for the Prohibition of Chemical Weapons (OPCW), Organization of the Islamic Conference (OIC) and the World Conservation Union (IUCN).

9.The following non-governmental organizations and other bodies were represented: Alaska Community Action on Toxics (ACAT), Alianza Pour una Mejor Calidan de Vida de Chile/Red de Accion en Plaguicidas de America Latina, American Chemistry Council (ACC), Aquamedia Foundation, Armenian Women for Health and Healthy Environment (AWHHE), Asociación Argentina de Medicos por el Medio Ambiente (AAMMA), Associaçao de Conseiência À Prevençao Ocupacional (ACPO), Baikal Environmental Wave (BEW), Basel Action Network (BAN), Canadian Arctic Indigenous Peoples Against POPs, Center for International Environmental Law (CIEL), Centrol de Derecho Ambiental del Sur, AC-DASSUR, Circumpolar Conservation Union (CCU), Citizens Concerned About Waste Incineration Now (CCAWIN), Climate and Development Initiatives (CDI), CNIID National Center for Independent Information on Waste, Comisiones Obreras, Council of Yukon First Nations, ECO-ACCORD Center for Environment and Sustainable Development, ENVIRONIC Foundation International (EFI) Environmental Health Fund, European Chemical Industry Council (CEFIC), Global Crop Protection Federation (GCPF), Greenpeace International, Groundwork, Indian Chemical Manufacturers Association (ICMA), International Council of Chemical Associations (ICCA), International POPs Elimination Network (IPEN), INUIT Circumpolar Conference ( ICC), Iranian Society of Environmentalists (ISE), Kenya Association of Physicians and Medical Workers for Social Responsibility (KAPMWSR), Korean Association of Environmental Research (KAER), MAMA-86 Kharkov, Mouvement pour les Droits et le Respect des Générations Futures (MDRGF), National Toxics Network (NTN), People’s Association on Countermeasures of Dioxin and Endocrine Disruptors (PACDED), People’s Task Force for Bases Clean-up, Pesticide Action Network (PAN), Pesticide Action Network – RAPAM, Pesticides et Alternatives pour une Agriculture Saine et Ecologique (PALAGRISE), Physicians for Social Responsibility (PSR), Red de Accioń en Alternativas al Uso de Agrotoxicos de Venezuela (RAPAL-VE), Seoul Metropolitan Council (SMC), Sierra Club, Sierra Club of Canada, State of Alaska - Office of the Governor, Stockholm Environment Institute, Sustainable Development Policy Institute (SDPI), Swedish Doctors for the Environment (SLFM), Thanal Conservation Action and Information Network (TCAIN), Volgograd-Ecopress, Women in Europe for a Common Future (WECF), World Alliance for Breastfeeding Action (WABA), World Chlorine Council (WCC), World Wide Fund for Nature International.

ORGANIZATIONAL MATTERS

A. Adoption of rules of procedure

10.The meeting agreed to apply the Intergovernmental Negotiating Committee rules of procedure, included in document UNEP/POPS/CONF/PM/INF/1, mutatis mutandis, to its proceedings. The meeting agreed, furthermore, to recommend to the Conference of Plenipotentiaries that it also should apply the Intergovernmental Negotiating Committee rules of procedure, mutatismutandis, to its proceedings. In addition, the meeting took note of a proposal by the Group of 77 and China to the effect that rule 8 of the rules of procedure of the Intergovernmental Negotiating Committee be revised by that Committee at its sixth session with a view to increasing the membership of the Bureau to 10 members, composed of one Chair and nine Vice-Chairs and that each of the five regional groups be represented by two members.

B. Election of officers

11.The meeting elected, as officers for the meeting, the members of the Bureau of the Intergovernmental Negotiating Committee. Since Mr. Mir Jafar Ghaemieh (Islamic Republic of Iran), Vice-Chair of the Intergovernmental Negotiating Committee, was not able to attend the meeting, Mr. Ali Abolhassani (Islamic Republic of Iran) was elected, by acclamation, to serve as Vice-Chair of the meeting. With that election the Bureau was constituted as follows:

Chair:Mr.John Buccini (Canada)

Vice-Chairs:Ms.Maria Cristina Cardenas Fischer (Colombia)

Mr.Ali Abolhassani (Islamic Republic of Iran)

Ms.Darka Hamel (Croatia)

Mr.Ephraim Buti Mathebula (South Africa)

In accordance with rule 8 of the Intergovernmental Negotiating Committee’s rules of procedure, Ms. Hamel, Vice-Chair, also agreed to act as rapporteur.

C. Adoption of the agenda

12.The preparatory meeting adopted the following agenda for the session, as contained in document UNEP/POPS/CONF/PM/1:

1.Opening of the session.

2.Organizational matters:

(a)Adoption of the rules of procedure;

(b)Election of officers;

(c)Adoption of the agenda;

(d)Organization of work;

3.Preparation of resolutions for the Conference of Plenipotentiaries on the Stockholm Convention on Persistent Organic Pollutants.

4.Adoption of the report.

5.Closure of the session.

D. Organization of work

13.For the organization of the work, the meeting agreed to meet in full plenary session throughout Monday and to set up drafting groups and contact groups, as appropriate.

III. PREPARATION OF RESOLUTIONS FOR THE CONFERENCE OF PLENIPOTENTIARIES ON

THE STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS

14.In its deliberations on the draft resolutions, the meeting had before it document UNEP/POPS/CONF/PM/2/Rev.1 containing the resolutions that the fifth session of the Intergovernmental Negotiating Committee did not have time to consider. (A full list of documents available to the session is provided in appendix II to the present report.) The meeting approved the following draft resolutions for consideration and possible adoption by the Conference which are contained in appendix I to the present report:

(a)Draft resolution on interim arrangements;

(b) Draft resolution on a capacity assistance network;

into the environment of persistent organic pollutants;

(d)Draft resolution on tribute to the Government of the Kingdom of Sweden;

15.Before the adoption of the draft resolution on liability and redress, the representative of the Islamic Republic of Iran made a statement on behalf of the Group of 77 and China. While supporting the proposed draft resolution, he emphasized the significance and relevance of the principle of common but differentiated responsibilities, enshrined in principle 7 of the Rio Declaration, in addressing liability and redress within the context of the Stockholm Convention on Persistent Organic Pollutants. He also noted that the workshop referred to in the resolution should be open-ended so that all countries including developing countries could participate in it.

16.Speaking on the same resolution, the representative of the Russian Federation drew attention to the need for further development of adequate scientific criteria without which policy decisions on liability and redress could not be formulated.

IV. ADOPTION OF THE REPORT

17.The meeting adopted the report of its work on Monday, 21 May 2001 on the basis of the draft report (UNEP/POPS/CONF/PM/L.1) with the understanding that the finalization of the report for its submission to the Conference of Plenipotentiaries would be entrusted to the Rapporteur working in consultation with the secretariat.

V. CLOSURE OF THE MEETING

18.Following the customary exchange of courtesies, the Chair declared the meeting closed at 6.25 p.m. on Monday, 21 May 2001.

Appendix I

RESOLUTIONS AGREED TO BY THE PREPARATORY MEETING FOR THE

CONFERENCE OF PLENIPOTENTIARIES ON THE STOCKHOLM CONVENTION

ON PERSISTENT ORGANIC POLLUTANTS

A. Resolution on interim arrangements

The Conference,

Having adopted the text of the Stockholm Convention on Persistent Organic Pollutants (hereinafter referred to as the "Convention");

Considering that interim arrangements are required in order expeditiously to implement international action to protect human health and the environment from certain persistent organic pollutants pending the entry into force of the Convention and to prepare for its effective operation once it enters into force;

Recalling decisions 18/32 of 25 May 1995, 19/13 C of 7 February 1997, 20/24 of 4 February 1999 and 21/4 of 9 February 2001 of the Governing Council of the United Nations Environment Programme on persistent organic pollutants,

1. Calls upon States and regional economic integration organizations entitled to do so, to consider signing, ratifying, accepting, approving or acceding to the Convention with a view to bringing it into force as soon as possible;

2. Calls on States and regional economic integration organizations with more advanced programmes to provide financial and technical assistance, including training, to other States and regional economic integration organizations in developing their infrastructure and capacity to reduce, with the aim of eliminating, where feasible, the uses and releases of persistent organic pollutants, as specified in the Convention, throughout their life cycle, particularly in view of the urgent need for such other States and regional economic integration organizations to participate in the effective operation of the Convention once it enters into force.

3.Invites the Executive Director of the United Nations Environment Programme to convene such further sessions of the Intergovernmental Negotiating Committee (hereinafter referred to as the "Committee"), during the period between the date on which the Convention is opened for signature and the date of the opening of the first meeting of the Conference of the Parties, as are necessary to oversee the implementation, during the interim period, of international action to protect human health and the environment from persistent organic pollutants within the scope of the Convention and to prepare for and service the Conference of the Parties until the end of the fiscal year in which the first meeting of the Conference of the Parties takes place;

4.Invites the Committee to recommend draft rules of procedure, composition and operational guidelines for the functioning of the subsidiary body to be established under paragraph 6 of article 19 of the Convention for consideration by the Conference of the Parties at its first session;

5.Decides that the Committee shall develop provisional guidance on the evaluation of current and projected releases of chemicals in Annex C, including the development and maintenance of source inventories, in order to facilitate interim work under subparagraph (a) (i) of article 5, for consideration by the Conference of the Parties upon the entry into force of the Convention;

6.Decides also that the Committee shall develop provisional guidance on best environmental practices relevant to the provisions of article 5, for consideration by the Conference of the Parties, upon the entry into force of the Convention;

7.Encourages States and regional economic integration organizations to do preparatory work for the listing of chemicals after the entry into force of the Convention;

8.Requests the interim secretariat to prepare a scoping document on the items referred to in subparagraph 1 (d) of article 6 for consideration by the Committee;

9.Invites the Committee to focus its efforts during the interim period on those activities required or encouraged by the Convention that will facilitate the rapid entry into force and effective implementation of the Convention upon its entry into force, including, for consideration by the Conference of the Parties, the development of: steps to enable a prompt start of the capacity building and assistance networks; guidance on the preparation of implementation plans and action plans; guidance for the financial mechanism and technical assistance; periodicity and format of reports by Parties; arrangements to provide comparable monitoring data; rules of procedure and financial rules; financial provisions governing the functioning of the secretariat; modalities and procedures relating to non-compliance; guidelines on BAT; and work on DDT in accordance with paragraph 6 of part II of annex B.

10.Invites the Committee to consider establishing any subsidiary bodies that may be required to assist in its work;

11.Appeals to States and regional economic integration organizations to participate in and apply in full the provisions of the Convention during the interim period on a voluntary basis;

12.Requests the Executive Director of the United Nations Environment Programme to provide, during the interim period, secretariat services for the operation of the interim activities;

13.Appeals to States and regional economic integration organizations to make voluntary contributions to the trust fund established by the United Nations Environment Programme in order to support the interim activities and the operation of the Conference of the Parties until the end of the fiscal year in which the first meeting of the Conference of the Parties takes place, and to ensure the full and effective participation of developing countries and countries with economies in transition in the further work of the Committee.

B.Resolution on capacity-building and capacity assistance network

The Conference ,

Convinced of the need for technical assistance for capacity building related to the implementation of the obligations of the Convention,

Recognizing that further guidance on technical assistance for capacity-building is to be provided by the Conference of the Parties, in accordance with paragraph 3 of article 12 of the Convention,

Recognizing further the value of a mechanism to facilitate and coordinate access to technical and financial assistance to be provided to assist signatories to implement the Convention,

1.Invites the Intergovernmental Negotiating Committee (hereinafter referred to as "Committee") to focus its efforts in the interim period on arrangements for capacity-building for the implementation of the Convention in developing signatory countries and signatory countries with economies in transition, for the consideration of and adoption by the first meeting of the Conference of the Parties,

2.Requests the Executive Director of the United Nations Environment Programme (UNEP) as the interim secretariat for the Convention and the Chief Executive Officer of the Global Environment Facility (GEF) acting in cooperation, to develop the modalities for a Capacity Assistance Network that will perform the following functions, and report thereon to the Committee at its sixth session:

(a)Identifying and maintaining an inventory of sources of assistance outside those to be provided by the principal entity of the financial mechanism of the Convention that are available for the implementation of the Convention;

(b)Assisting signatories, upon request, to identify and access the sources referred to in paragraph2 (a);

(c)Providing signatories with information on, categories, sources and requirements for accessing the assistance referred to in paragraph 2 (a); and