UNEP/POPS/CONF/4

UNITED
NATIONS /

EP

/

United Nations

Environment

Programme

/ Distr.
GENERAL
UNEP/POPS/CONF/4
5 June 2001
ORIGINAL: ENGLISH

CONFERENCE OF PLENIPOTENTIARIESS

ON THE STOCKHOLM CONVENTION ON

PERSISTENT ORGANIC POLLUTANTS

Stockholm, 22-23 May 2001

FINAL ACT OF THE CONFERENCE OF PLENIPOTENTIARIES ON THE

STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS

1.  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.

2.  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.

3.  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 Committee also requested the secretariat to arrange an appropriate process, to complete the text of the draft resolutions that the Committee did not have time to consider, for consideration and adoption by the Conference of Plenipotentiaries. In response to that request a preparatory meeting was held in Stockholm on 21 May 2001, the report of which is contained in UNEP/POPS/CONF/PM/3/Rev.1.

4.  Upon the invitation by the Government of the Kingdom of Sweden, the Executive Director of UNEP convened the Conference of Plenipotentiaries on the Stockholm Convention on Persistent Organic Pollutants in Stockholm from 22 to 23 May 2001.

5.  The session was opened by Mr.Klaus Töpfer, Executive Director of UNEP. At the inaugural ceremony, the Conference heard welcoming addresses by Mr. Klaus Töpfer, who also read out a message of goodwill from the Secretary-General of the United Nations, Mr. Göran Persson, Prime Minister of Sweden and Mr. Mohamed T. El-Ashry, Chief Executive Officer and Chairman of the Global Environment Facility (GEF).

6. Mr. Klaus Töpfer served as Secretary-General of the Conference and Mr. James Willis (UNEP) served as Executive Secretary.

7. Representatives of the following States and regional economic integration organizations participated in the Conference: Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Canada, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Côote d'Ivoire, Croatia, Cuba, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Guinea, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, (Islamic Republic of), Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Kenya, Kuwait, Latvia, Lebanon, Liberia, Liechtenstein, Luxembourg, Madagascar, Malaysia, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Samoa, Senegal, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Swaziland, Sweden, Switzerland, Syrian Arab Republic, 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, Zimbabwe, European Community.

8. Observers from the following States attended the proceedings of the Conference: Belarus, Botswana, Democratic People’s Republic of Korea, Egypt, Guatemala, Jordan, Pakistan, Qatar, Saudi Arabia, Thailand, Yugoslavia.

9.  The following United Nations bodies, specialized agencies and convention secretariats were represented by observers: Secretariat of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, Economic Commission for Europe (ECE), 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, World Health Organization (WHO), World Meteorological Organization (WMO).

10.  The following intergovernmental organizations were represented by observers: European Commission, Organization of the Islamic Conference, Organization for the Prohibition of Chemical Weapons, World Conservation Union (IUCN).

11.  The following non-governmental organizations and other bodies were represented by observers: Alaska Community Action on Toxins, Alianza Pour una Mejor Calidad de Vida de Chile/Red de Accióon en Plagucidas de America Latina, American Chemistry Council, Aquamedia Foundation, Armenian Women for Health and Healthy Environment, Asociación Argentina de Medicos por el Medio Ambiente, Associaçao de Conseiência à Prevençao Ocupacional, Avima Ltd, Baikal Environmental Wave, Basel Action Network, Canadian Arctic Indigenous Peoples Against POPs, Center for International Environmental Law (CIEL), Centro de Derecho Ambiental del Sur-Ac-Dassur, Children for the Earth, Circumpolar Conservation Union, Citizens Concerned About Waste Incineration Now, Climate and Development Initiatives, 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, Environmental Health Fund, European Chemical Industry Council (CEFIC), Global Crop Protection Federation (GCPF), Greenpeace International, Indian Chemical Manufacturers Association, International Council of Chemical Associations, International POPs Elimination Network (IPEN), Inuit Circumpolar Conference (ICC), Iranian Society of Environmentalists, Japan POPs Elimination Network, Kenya Association of Physicians and Medical Workers for Social Responsibility, Korean Association of Environmental Research, Mama-86 Kharkov, Mouvement pour les Droits et le Respect des Générations Futures, National Toxics Network, People’s Association on Countermeasures of Dioxin and Endocrine Disruptors, People’s Task Force for Bases Clean-up, Pesticide Action Network (PAN), Pesticides et Alternatives pour une Agriculture Saine et Ecologique, Physicians for Social Responsibility, Red de Accióon en Alternativas al Uso de Agrotoexicos de Venezuela (Rapal-ve), Seoul Metropolitan Council, Sierra Club, Sierra Club of Canada, State of Alaska-Office of the Governor, Stockholm Environment Institute, Sustainable Development Policy Institute, Swedish Doctors for the Environment, Thanal Conservation Action and Information Network, Volgograd-Ecopress, W. Alton Jones Foundation, Women in Europe for aA Common Future, World Alliance for Breastfeeding Action, World Chlorine Council, World Wide Fund for Nature International.

12.  The Conference had before it the rules of procedure for meetings of the Intergovernmental Negotiating Committee made available to it in document UNEP/POPS/CONF/PM/INF/1. The Conference agreed to apply the rules of procedure of the Intergovernmental Negotiating Committee, mutatis mutandis, to its proceedings.

13.  The meeting elected, by acclamation, the following officers to form its Bureau:

President: Mr. Kjell Larsson (Sweden)

Vice-Presidents: Mr. Bozo Kovacevic (Croatia)

Ms. Adriana Hoffmann (Chile)

Mr. Ali Abolhassani (Islamic Republic of Iran)

Ms. Rejoice T. Mabudafhasi (South Africa)

In accordance with rule 8 of the Intergovernmental Negotiating Committee’s rules of procedure, Mr. Bozo Kovacevic (Croatia), VicePresident, also agreed to act as Rapporteur.

14.  The Conference, on the basis of the provisional agenda contained in document UNEP/POPS/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 Stockholm Convention on Persistent Organic Pollutants.

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.

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

16.  The Conference appointed the Credentials Committee, consisting of the Bureau of the Conference, which 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 recommendation of the Credentials Committee that the credentials of the representatives of the participating States and regional economic integration organizations, as listed in paragraph 7, should be recognized as being in order.

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

(a) The text of the Stockholm Convention on Persistent Organic Pollutants, as agreed by the Intergovernmental Negotiating Committee at its fifth session, as contained in document UNEP/POPS/CONF/2;

(b) The draft resolutions agreed to by the Intergovernmental Negotiating Committee at its fourth and fifth sessions, as contained in document UNEP/POPS/CONF/3;

(c) The draft resolutions agreed to by the Preparatory Meeting for the Conference of Plenipotentiaries, as contained in appendix I to the report of that meeting, UNEP/POPS/CONF/PM/3/Rev.1.

18.  Mr. John Buccini (Canada), Chair of the Intergovernmental Negotiating Committee, upon the invitation of the President, formally presented to the Conference the text of the Stockholm Convention as agreed to by the Intergovernmental Negotiating Committee at its fifth session, as well as the draft resolutions submitted to the Conference by the Intergovernmental Negotiating Committee and the Preparatory Meeting.

19.  The secretariat reported on requests for specific exemptions in Annex A and Annex B and acceptable purposes in Annex B to the Stockholm Convention it had received prior to 22 May 2001 in accordance with the agreement reached at the fifth session of the Intergovernmental Negotiating Committee (para. 69 of UNEP/POPS/INC.5/7). The list of those requests is included in document UNEP/POPS/CONF/INF/1/Rev.32.

20.  The Conference adopted on 22 May 2001 the Stockholm Convention on Persistent Organic Pollutants. The Convention, which is included in appendix II to this Final Act, will be opened for signature at the Conference on 23 May 2001, and at United Nations Headquarters from 24 May 2001 to 22 May 2002.

21.  The Conference also adopted the following resolutions that are included in appendix I to this FinalAct:

(a) Resolution on interim arrangements;

(b) Resolution on interim financial arrangements;

(c) Resolution on capacity-building and capacity assistance network;

(d) Resolution on liability and redress concerning the use and intentional introduction into the environment of persistent organic pollutants;

(e) Resolution on issues related to the Basel Convention;

(f) Resolution concerning the secretariat;

(g) Tribute to the Government of the Kingdom of Sweden.

IN WITNESS WHEREOF the representatives have signed this Final Act.

DONE at Stockholm, on this twenty-second day of May, two thousand and one, 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 :

Kjell LARSSON

Secretary- General of the Conference :

Klaus TÖPFER

Executive Secretary of the Conference :

James WILLIS

Representatives of the following States and regional economic integration organizations signed the Final Act: Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Canada, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Côote d'Ivoire, Croatia, Cuba, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Guinea, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Kenya, Kuwait, Latvia, Lebanon, Liechtenstein, Luxembourg, Malaysia, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Samoa, Senegal, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Swaziland, Sweden, Switzerland, Syrian Arab Republic, the former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Uruguay, Venezuela, Viet Nam, Zambia, Zimbabwe, European Community.

Appendix I

RESOLUTIONS ADOPTED BY THE CONFERENCE OF PLENIPOTENTIARIES ON THE STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS

1. 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,

I

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;

II

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;