MOF, Alm.del - 2016-17 - Bilag 320: Orientering om opstart af tiltrædelse af Minematakonventionen om kviksølv

Miljø- og Fødevareudvalget 2016-17
MOF Alm.del Bilag 320
Offentligt

MINAMATA CONVENTION

ON MERCURY

TEXT AND ANNEXES

MOF, Alm.del - 2016-17 - Bilag 320: Orientering om opstart af tiltrædelse af Minematakonventionen om kviksølv

MINAMATA CONVENTION

ON MERCURY

TEXT AND ANNEXES

This booklet is published for information only. It does not substitute the original

authentic texts of the Minamata Convention on Mercury as deposited with

the Secretary-General of the United Nations acting as the Depositary of the

Convention

www.mercuryconvention.org

October 2013

MOF, Alm.del - 2016-17 - Bilag 320: Orientering om opstart af tiltrædelse af Minematakonventionen om kviksølv MOF, Alm.del - 2016-17 - Bilag 320: Orientering om opstart af tiltrædelse af Minematakonventionen om kviksølv

INTRODUCTION

In 2001, the Governing Council of the United Nations Environment

Programme

(UNEP) invited the Executive Director of UNEP to undertake a

global assessment of mercury and its compounds, including information

on the chemistry and health effects, sources, long-range transport, and

prevention and control technologies relating to mercury. In 2003, the

Governing Council considered this assessment and found that there was

sufficient evidence of significant global adverse impacts from mercury and

its compounds to warrant further international action to reduce the risks

to human health and the environment from the release of mercury and its

compounds to the environment. Governments were urged to adopt goals

for the reduction of mercury emissions and releases and UNEP initiated

technical assistance and capacity building activities to meet these goals.

Mercury is recognized as a substance producing significant adverse

neurological and other health effects, with particular concerns expressed

about its harmful effects on unborn children and infants. The global

transport of mercury in the environment was a key reason for taking the

decision that global action to address the problem of mercury pollution

was required. A mercury programme to address these concerns was thus

established and was further strengthened by governments in decisions of

the Governing Council in 2005 and in 2007. In the decision of 2007, the

Governing Council concluded that the options of enhanced voluntary

measures and new or existing international legal instruments would

be reviewed and assessed in order to make progress in addressing the

mercury issue.

In 2009, following extensive consideration of the issue, the Governing

Council agreed that voluntary actions to date had not been sufficient to

address the concerns on mercury, and decided on the need for further

action on mercury, including the preparation of a global legally binding

instrument. An intergovernmental negotiating committee to prepare a

global legally binding instrument on mercury was therefore established,

to commence its work in 2010 and conclude negotiations prior to the

twenty-seventh session of the Governing Council in 2013. The committee

As of February 2013, the designation of the Governing Council of UNEP has been changed

to the United Nations Environment Assembly.

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was provided with a detailed mandate setting out specific issues to be

covered in the text of the instrument, as well as a number of other elements

to be taken into account while negotiating the text.

In January 2013, the intergovernmental negotiating committee

concluded its fifth session by agreeing on the text of the Minamata

Convention on Mercury. The text was adopted by the Conference of

Plenipotentiaries on 10 October 2013 in Japan and was opened for

signature thereafter. The objective of the Convention is to protect human

health and the environment from anthropogenic emissions and releases

of mercury and mercury compounds and it sets out a range of measures

to meet that objective. These include measures to control the supply

and trade of mercury, including setting limitations on certain specific

sources of mercury such as primary mining, and to control mercury-added

products and manufacturing processes in which mercury or mercury

compounds are used, as well as artisanal and small scale gold mining.

The text of the Convention includes separate articles on emissions and

releases of mercury, with controls directed at reducing levels of mercury

while allowing flexibility to accommodate national development plans.

In addition, it contains measures on the environmentally sound interim

storage of mercury and on mercury wastes, as well as contaminated

sites. Provision is made in the text for financial and technical support to

developing countries and countries with economies in transition, and a

financial mechanism for the provision of adequate, predictable and timely

financial resources is defined.

Governments are invited and encouraged to sign the Convention at

the offices of the Depositary, United Nations Headquarters, New York,

during the period that it is open for signature (until 9 October 2014).

Governments are also encouraged to work towards the implementation of

the Convention and becoming a party thereto in order to lead to its rapid

entry into force.

It is anticipated that coordinated implementation of the obligations

of the Convention will lead to an overall reduction in mercury levels in the

environment over time, thus meeting the objective of the Convention to

protect human health and the environment from anthropogenic emissions

and releases of mercury and mercury compounds.

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MINAMATA CONVENTION ON MERCURY

The Parties to this Convention,

Recognizing

that mercury is a chemical of global concern owing to its

long-range atmospheric transport, its persistence in the environment once

anthropogenically introduced, its ability to bioaccumulate in ecosystems

and its significant negative effects on human health and the environment,

Recalling

decision 25/5 of 20 February 2009 of the Governing Council

of the United Nations Environment Programme to initiate international

action to manage mercury in an efficient, effective and coherent manner,

Recalling

paragraph 221 of the outcome document of the United

Nations Conference on Sustainable Development “The future we want”,

which called for a successful outcome of the negotiations on a global

legally binding instrument on mercury to address the risks to human

health and the environment,

Recalling

the United Nations Conference on Sustainable Development’s

reaffirmation of the principles of the Rio Declaration on Environment and

Development, including, inter alia, common but differentiated responsibil-

ities, and acknowledging States’ respective circumstances and capabilities

and the need for global action,

Aware

of the health concerns, especially in developing countries,

resulting from exposure to mercury of vulnerable populations, especially

women, children, and, through them, future generations,

Noting

the particular vulnerabilities of Arctic ecosystems and

indigenous communities because of the biomagnification of mercury

and contamination of traditional foods, and concerned about indigenous

communities more generally with respect to the effects of mercury,

Recognizing

the substantial lessons of Minamata Disease, in particular

the serious health and environmental effects resulting from the mercury

pollution, and the need to ensure proper management of mercury and the

prevention of such events in the future,

Stressing

the importance of financial, technical, technological, and

capacity-building support, particularly for developing countries, and

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countries with economies in transition, in order to strengthen national

capabilities for the management of mercury and to promote the effective

implementation of the Convention,

Recognizing also

the activities of the World Health Organization in the

protection of human health related to mercury and the roles of relevant

multilateral environmental agreements, especially the Basel Convention

on the Control of Transboundary Movements of Hazardous Wastes and

Their Disposal and the Rotterdam Convention on the Prior Informed

Consent Procedure for Certain Hazardous Chemicals and Pesticides in

International Trade,

Recognizing

that this Convention and other international agreements

in the field of the environment and trade are mutually supportive,

Emphasizing

that nothing in this Convention is intended to affect the

rights and obligations of any Party deriving from any existing international

agreement,

Understanding

that the above recital is not intended to create a

hierarchy between this Convention and other international instruments,

Noting

that nothing in this Convention prevents a Party from taking

additional domestic measures consistent with the provisions of this

Convention in an effort to protect human health and the environment

from exposure to mercury in accordance with that Party’s other obligations

under applicable international law,

Have agreed as follows:

Article 1

Objective

The objective of this Convention is to protect the human health and

the environment from anthropogenic emissions and releases of mercury

and mercury compounds.

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Article 2

Definitions

For the purposes of this Convention:

(a) “Artisanal and small-scale gold mining” means gold mining

conducted by individual miners or small enterprises with limited capital

investment and production;

(b) “Best available techniques” means those techniques that are the

most effective to prevent and, where that is not practicable, to reduce

emissions and releases of mercury to air, water and land and the impact

of such emissions and releases on the environment as a whole, taking into

account economic and technical considerations for a given Party or a given

facility within the territory of that Party. In this context:

(i) “Best” means most effective in achieving a high general level

of protection of the environment as a whole;

(ii) “Available” techniques means, in respect of a given Party and a

given facility within the territory of that Party, those techniques

developed on a scale that allows implementation in a relevant

industrial sector under economically and technically viable

conditions, taking into consideration the costs and benefits,

whether or not those techniques are used or developed within

the territory of that Party, provided that they are accessible to

the operator of the facility as determined by that Party; and

(iii) “Techniques” means technologies used, operational practices

and the ways in which installations are designed, built,

maintained, operated and decommissioned;

most appropriate combination of environmental control measures and

strategies;

(d) “Mercury” means elemental mercury (Hg(0), CAS No. 7439-97-6);

(e) “Mercury compound” means any substance consisting of atoms

of mercury and one or more atoms of other chemical elements that can be

separated into different components only by chemical reactions;

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(f ) “Mercury-added product” means a product or product component

that contains mercury or a mercury compound that was intentionally

added;

(g) “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;

(h) “Parties present and voting” means Parties present and casting an

affirmative or negative vote at a meeting of the Parties;

(i) “Primary mercury mining” means mining in which the principal

material sought is mercury;

(j) “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; and

(k) “Use allowed” means any use by a Party of mercury or mercury

compounds consistent with this Convention, including, but not limited to,

uses consistent with Articles 3, 4, 5, 6 and 7.

Article 3

Mercury supply sources and trade

1. For the purposes of this Article:

(a) References to “mercury” include mixtures of mercury with other

substances, including alloys of mercury, with a mercury concentration of

at least 95 per cent by weight; and

(b) “Mercury compounds” means mercury (I) chloride (known also

as calomel), mercury (II) oxide, mercury (II) sulphate, mercury (II) nitrate,

cinnabar and mercury sulphide.

2. The provisions of this Article shall not apply to:

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(a) Quantities of mercury or mercury compounds to be used for

laboratory-scale research or as a reference standard; or

(b) Naturally occurring trace quantities of mercury or mercury

compounds present in such products as non-mercury metals, ores, or

mineral products, including coal, or products derived from these materials,

and unintentional trace quantities in chemical products; or

3. Each Party shall not allow primary mercury mining that was not

being conducted within its territory at the date of entry into force of the

Convention for it.

4. Each Party shall only allow primary mercury mining that was being

conducted within its territory at the date of entry into force of the

Convention for it for a period of up to fifteen years after that date. During

this period, mercury from such mining shall only be used in manufacturing

of mercury-added products in accordance with Article 4, in manufacturing

processes in accordance with Article 5, or be disposed in accordance with

Article 11, using operations which do not lead to recovery, recycling,

reclamation, direct re-use or alternative uses.

5. Each Party shall:

(a) Endeavour to identify individual stocks of mercury or mercury

compounds exceeding 50 metric tons, as well as sources of mercury supply

generating stocks exceeding 10 metric tons per year, that are located

within its territory;

(b) Take measures to ensure that, where the Party determines that

excess mercury from the decommissioning of chlor-alkali facilities is

available, such mercury is disposed of in accordance with the guidelines

for environmentally sound management referred to in paragraph 3 (a)

of Article 11, using operations that do not lead to recovery, recycling,

reclamation, direct re-use or alternative uses.

6. Each Party shall not allow the export of mercury except:

(a) To a Party that has provided the exporting Party with its written

consent, and only for the purpose of:

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(i) A use allowed to the importing Party under this Convention;

(ii) Environmentally sound interim storage as set out in Article 10;

(b) To a non-Party that has provided the exporting Party with its

written consent, including certification demonstrating that:

(i) The non-Party has measures in place to ensure the protection

of human health and the environment and to ensure its

compliance with the provisions of Articles 10 and 11; and

(ii) Such mercury will be used only for a use allowed to a Party

under this Convention or for environmentally sound interim

storage as set out in Article 10.

7. An exporting Party may rely on a general notification to the Secretariat

by the importing Party or non-Party as the written consent required by

paragraph 6. Such general notification shall set out any terms and conditions

under which the importing Party or non-Party provides its consent. The

notification may be revoked at any time by that Party or non-Party. The

Secretariat shall keep a public register of all such notifications.

8. Each Party shall not allow the import of mercury from a non-Party to

whom it will provide its written consent unless the non-Party has provided

certification that the mercury is not from sources identified as not allowed

under paragraph 3 or paragraph 5 (b).

A Party that submits a general notification of consent under

paragraph 7 may decide not to apply paragraph 8, provided that it

maintains comprehensive restrictions on the export of mercury and has

domestic measures in place to ensure that imported mercury is managed

in an environmentally sound manner. The Party shall provide a notification

of such decision to the Secretariat, including information describing

its export restrictions and domestic regulatory measures, as well as

information on the quantities and countries of origin of mercury imported

from non-Parties. The Secretariat shall maintain a public register of all

such notifications. The Implementation and Compliance Committee shall

review and evaluate any such notifications and supporting information

in accordance with Article 15 and may make recommendations, as

appropriate, to the Conference of the Parties.

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10. The procedure set out in paragraph 9 shall be available until the

conclusion of the second meeting of the Conference of the Parties. After

that time, it shall cease to be available, unless the Conference of the Parties

decides otherwise by simple majority of the Parties present and voting,

except with respect to a Party that has provided a notification under

paragraph 9 before the end of the second meeting of the Conference of

the Parties.

11. Each Party shall include in its reports submitted pursuant to Article 21

information showing that the requirements of this Article have been met.

12. The Conference of the Parties shall at its first meeting provide further

guidance in regard to this Article, particularly in regard to paragraphs

5 (a), 6 and 8, and shall develop and adopt the required content of the

certification referred to in paragraphs 6 (b) and 8.

13. The Conference of the Parties shall evaluate whether the trade

in specific mercury compounds compromises the objective of this

Convention and consider whether specific mercury compounds should,

by their listing in an additional annex adopted in accordance with Article

27, be made subject to paragraphs 6 and 8.

Article 4

Mercury-added products

1. Each Party shall not allow, by taking appropriate measures, the

manufacture, import or export of mercury-added products listed in Part

I of Annex A after the phase-out date specified for those products, except

where an exclusion is specified in Annex A or the Party has a registered

exemption pursuant to Article 6.

2. A Party may, as an alternative to paragraph 1, indicate at the time of

ratification or upon entry into force of an amendment to Annex A for it,

that it will implement different measures or strategies to address products

listed in Part I of Annex A. A Party may only choose this alternative if it

can demonstrate that it has already reduced to a de minimis level the

manufacture, import, and export of the large majority of the products

listed in Part I of Annex A and that it has implemented measures or

strategies to reduce the use of mercury in additional products not listed in

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Part I of Annex A at the time it notifies the Secretariat of its decision to use

this alternative. In addition, a Party choosing this alternative shall:

(a) Report at the first opportunity to the Conference of the Parties

a description of the measures or strategies implemented, including a

quantification of the reductions achieved;

(b) Implement measures or strategies to reduce the use of mercury

in any products listed in Part I of Annex A for which a de minimis value has

not yet been obtained;

(d) Not be eligible to claim exemptions pursuant to Article 6 for any

product category for which this alternative is chosen.

No later than five years after the date of entry into force of the

Convention, the Conference of the Parties shall, as part of the review

process under paragraph 8, review the progress and the effectiveness of

the measures taken under this paragraph.

3. Each Party shall take measures for the mercury-added products listed

in Part II of Annex A in accordance with the provisions set out therein.

4. The Secretariat shall, on the basis of information provided by Parties,

collect and maintain information on mercury-added products and their

alternatives, and shall make such information publicly available. The

Secretariat shall also make publicly available any other relevant information

submitted by Parties.

5. Each Party shall take measures to prevent the incorporation into

assembled products of mercury-added products the manufacture, import

and export of which are not allowed for it under this Article.

6. Each Party shall discourage the manufacture and the distribution in

commerce of mercury-added products not covered by any known use

of mercury-added products prior to the date of entry into force of the

Convention for it, unless an assessment of the risks and benefits of the

product demonstrates environmental or human health benefits. A Party

shall provide to the Secretariat, as appropriate, information on any such

product, including any information on the environmental and human

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health risks and benefits of the product. The Secretariat shall make such

information publicly available.

7. Any Party may submit a proposal to the Secretariat for listing a

mercury-added product in Annex A, which shall include information related

to the availability, technical and economic feasibility and environmental

and health risks and benefits of the non-mercury alternatives to the

product, taking into account information pursuant to paragraph 4.

8. No later than five years after the date of entry into force of the

Convention, the Conference of the Parties shall review Annex A and may

consider amendments to that Annex in accordance with Article 27.

9. In reviewing Annex A pursuant to paragraph 8, the Conference of the

Parties shall take into account at least:

(a) Any proposal submitted under paragraph 7;

(b) The information made available pursuant to paragraph 4; and

that are technically and economically feasible, taking into account the

environmental and human health risks and benefits.

Article 5

Manufacturing processes in which mercury or

mercury compounds are used

1. For the purposes of this Article and Annex B, manufacturing processes

in which mercury or mercury compounds are used shall not include

processes using mercury-added products, processes for manufacturing

mercury-added products or processes that process mercury-containing

waste.

2. Each Party shall not allow, by taking appropriate measures, the use of

mercury or mercury compounds in the manufacturing processes listed in

Part I of Annex B after the phase-out date specified in that Annex for the

individual processes, except where the Party has a registered exemption

pursuant to Article 6.

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3. Each Party shall take measures to restrict the use of mercury or mercury

compounds in the processes listed in Part II of Annex B in accordance with

the provisions set out therein.

4. The Secretariat shall, on the basis of information provided by Parties,

collect and maintain information on processes that use mercury or mercury

compounds and their alternatives, and shall make such information

publicly available. Other relevant information may also be submitted by

Parties and shall be made publicly available by the Secretariat.

5. Each Party with one or more facilities that use mercury or mercury

compounds in the manufacturing processes listed in Annex B shall:

(a) Take measures to address emissions and releases of mercury or

mercury compounds from those facilities;

(b) Include in its reports submitted pursuant to Article 21 information

on the measures taken pursuant to this paragraph; and

or mercury compounds for processes listed in Annex B and submit to the

Secretariat, no later than three years after the date of entry into force of the

Convention for it, information on the number and types of such facilities

and the estimated annual amount of mercury or mercury compounds used

in those facilities. The Secretariat shall make such information publicly

available.

6. Each Party shall not allow the use of mercury or mercury compounds

in a facility that did not exist prior to the date of entry into force of the

Convention for it using the manufacturing processes listed in Annex B. No

exemptions shall apply to such facilities.

7. Each Party shall discourage the development of any facility using any

other manufacturing process in which mercury or mercury compounds are

intentionally used that did not exist prior to the date of entry into force of

the Convention, except where the Party can demonstrate to the satisfaction

of the Conference of the Parties that the manufacturing process provides

significant environmental and health benefits and that there are no

technically and economically feasible mercury-free alternatives available

providing such benefits.

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8. Parties are encouraged to exchange information on relevant new

technological developments, economically and technically feasible

mercury-free alternatives, and possible measures and techniques to

reduce and where feasible to eliminate the use of mercury and mercury

compounds in, and emissions and releases of mercury and mercury

compounds from, the manufacturing processes listed in Annex B.

9. Any Party may submit a proposal to amend Annex B in order to list

a manufacturing process in which mercury or mercury compounds are

used. It shall include information related to the availability, technical and

economic feasibility and environmental and health risks and benefits of

the non-mercury alternatives to the process.

10. No later than five years after the date of entry into force of the

Convention, the Conference of the Parties shall review Annex B and may

consider amendments to that Annex in accordance with Article 27.

11. In any review of Annex B pursuant to paragraph 10, the Conference of

the Parties shall take into account at least:

(a) Any proposal submitted under paragraph 9;

(b) The information made available under paragraph 4; and

which are technically and economically feasible taking into account the

environmental and health risks and benefits.

Article 6

Exemptions available to a Party upon request

1. Any State or regional economic integration organization may register

for one or more exemptions from the phase-out dates listed in Annex

A and Annex B, hereafter referred to as an “exemption”, by notifying the

Secretariat in writing:

(a) On becoming a Party to this Convention; or

(b) In the case of any mercury-added product that is added by an

amendment to Annex A or any manufacturing process in which mercury

is used that is added by an amendment to Annex B, no later than the date

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upon which the applicable amendment enters into force for the Party.

Any such registration shall be accompanied by a statement explaining the

Party’s need for the exemption.

2. An exemption can be registered either for a category listed in Annex

A or B or for a sub-category identified by any State or regional economic

integration organization.

3. Each Party that has one or more exemptions shall be identified in a

it available to the public.

4. The register shall include:

(a) A list of the Parties that have one or more exemptions;

(b) The exemption or exemptions registered for each Party; and

5. Unless a shorter period is indicated in the register by a Party, all

exemptions pursuant to paragraph 1 shall expire five years after the

relevant phase-out date listed in Annex A or B.

6. The Conference of the Parties may, at the request of a Party, decide

to extend an exemption for five years unless the Party requests a shorter

period. In making its decision, the Conference of the Parties shall take due

account of:

(a) A report from the Party justifying the need to extend the

exemption and outlining activities undertaken and planned to eliminate

the need for the exemption as soon as feasible;

(b) Available information, including in respect of the availability of

alternative products and processes that are free of mercury or that involve

the consumption of less mercury than the exempt use; and

sound storage of mercury and disposal of mercury wastes.

An exemption may only be extended once per product per phase-out date.

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7. A Party may at any time withdraw an exemption upon written

notification to the Secretariat. The withdrawal of an exemption shall take

effect on the date specified in the notification.

8. Notwithstanding paragraph 1, no State or regional economic

integration organization may register for an exemption after five years after

the phase-out date for the relevant product or process listed in Annex A or

B, unless one or more Parties remain registered for an exemption for that

product or process, having received an extension pursuant to paragraph

6. In that case, a State or regional economic integration organization may,

at the times set out in paragraphs 1 (a) and (b), register for an exemption

for that product or process, which shall expire ten years after the relevant

phase-out date.

9. No Party may have an exemption in effect at any time after 10 years

after the phase-out date for a product or process listed in Annex A or B.

Article 7

Artisanal and small-scale gold mining

1. The measures in this Article and in Annex C shall apply to artisanal and

small-scale gold mining and processing in which mercury amalgamation

is used to extract gold from ore.

2. Each Party that has artisanal and small-scale gold mining and

processing subject to this Article within its territory shall take steps to

reduce, and where feasible eliminate, the use of mercury and mercury

compounds in, and the emissions and releases to the environment of

mercury from, such mining and processing.

3. Each Party shall notify the Secretariat if at any time the Party determines

that artisanal and small-scale gold mining and processing in its territory is

more than insignificant. If it so determines the Party shall:

(a) Develop and implement a national action plan in accordance with

Annex C;

(b) Submit its national action plan to the Secretariat no later than

three years after entry into force of the Convention for it or three years

after the notification to the Secretariat, whichever is later; and

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made in meeting its obligations under this Article and include such reviews

in its reports submitted pursuant to Article 21.

4. Parties may cooperate with each other and with relevant

intergovernmental organizations and other entities, as appropriate, to

achieve the objectives of this Article. Such cooperation may include:

(a) Development of strategies to prevent the diversion of mercury or

mercury compounds for use in artisanal and small-scale gold mining and

processing;

(b) Education, outreach and capacity-building initiatives;

practices;

(d) Provision of technical and financial assistance;

(e) Partnerships to assist in the implementation of their commitments

under this Article; and

(f ) Use of existing information exchange mechanisms to promote

knowledge, best environmental practices and alternative technologies

that are environmentally, technically, socially and economically viable.

Article 8

Emissions

1. This Article concerns controlling and, where feasible, reducing

emissions of mercury and mercury compounds, often expressed as “total

mercury”, to the atmosphere through measures to control emissions from

the point sources falling within the source categories listed in Annex D.

2. For the purposes of this Article:

(a) “Emissions” means emissions of mercury or mercury compounds

to the atmosphere;

(b) “Relevant source” means a source falling within one of the source

categories listed in Annex D. A Party may, if it chooses, establish criteria to

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identify the sources covered within a source category listed in Annex D so

long as those criteria for any category include at least 75 per cent of the

emissions from that category;

in Annex D, the construction or substantial modification of which is

commenced at least one year after the date of:

(i) Entry into force of this Convention for the Party concerned; or

(ii) Entry into force for the Party concerned of an amendment to

Annex D where the source becomes subject to the provisions

of this Convention only by virtue of that amendment;

(d) “Substantial modification” means modification of a relevant source

that results in a significant increase in emissions, excluding any change in

emissions resulting from by-product recovery. It shall be a matter for the

Party to decide whether a modification is substantial or not;

(e) “Existing source” means any relevant source that is not a new

source;

(f ) “Emission limit value” means a limit on the concentration, mass or

emission rate of mercury or mercury compounds, often expressed as “total

mercury”, emitted from a point source.

3. A Party with relevant sources shall take measures to control emissions

and may prepare a national plan setting out the measures to be taken

to control emissions and its expected targets, goals and outcomes. Any

plan shall be submitted to the Conference of the Parties within four years

of the date of entry into force of the Convention for that Party. If a Party

develops an implementation plan in accordance with Article 20, the Party

may include in it the plan prepared pursuant to this paragraph.

4. For its new sources, each Party shall require the use of best available

techniques and best environmental practices to control and, where

feasible, reduce emissions, as soon as practicable but no later than five

years after the date of entry into force of the Convention for that Party. A

Party may use emission limit values that are consistent with the application

of best available techniques.

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5. For its existing sources, each Party shall include in any national

plan, and shall implement, one or more of the following measures, taking

into account its national circumstances, and the economic and technical

feasibility and affordability of the measures, as soon as practicable but no

more than ten years after the date of entry into force of the Convention for it:

(a) A quantified goal for controlling and, where feasible, reducing

emissions from relevant sources;

(b) Emission limit values for controlling and, where feasible, reducing

emissions from relevant sources;

practices to control emissions from relevant sources;

(d) A multi-pollutant control strategy that would deliver co-benefits

for control of mercury emissions;

(e) Alternative measures to reduce emissions from relevant sources.

6. Parties may apply the same measures to all relevant existing sources

or may adopt different measures in respect of different source categories.

The objective shall be for those measures applied by a Party to achieve

reasonable progress in reducing emissions over time.

7. Each Party shall establish, as soon as practicable and no later than

five years after the date of entry into force of the Convention for it, and

maintain thereafter, an inventory of emissions from relevant sources.

8. The Conference of the Parties shall, at its first meeting, adopt guidance

on:

(a) Best available techniques and on best environmental practices,

taking into account any difference between new and existing sources and

the need to minimize cross-media effects; and

(b) Support for Parties in implementing the measures set out in

paragraph 5, in particular in determining goals and in setting emission

limit values.

9. The Conference of the Parties shall, as soon as practicable, adopt

guidance on:

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(a) Criteria that Parties may develop pursuant to paragraph 2 (b);

(b) The methodology for preparing inventories of emissions.

10. The Conference of the Parties shall keep under review, and update

as appropriate, the guidance developed pursuant to paragraphs 8 and 9.

Parties shall take the guidance into account in implementing the relevant

provisions of this Article.

11. Each Party shall include information on its implementation of this

Article in its reports submitted pursuant to Article 21, in particular

information concerning the measures it has taken in accordance with

paragraphs 4 to 7 and the effectiveness of the measures.

Article 9

Releases

1. This Article concerns controlling and, where feasible, reducing releases

of mercury and mercury compounds, often expressed as “total mercury”,

to land and water from the relevant point sources not addressed in other

provisions of this Convention.

2. For the purposes of this Article:

(a) “Releases” means releases of mercury or mercury compounds to

land or water;

(b) “Relevant source” means any significant anthropogenic point

source of release as identified by a Party that is not addressed in other

provisions of this Convention;

substantial modification of which is commenced at least one year after the

date of entry into force of this Convention for the Party concerned;

(d) “Substantial modification” means modification of a relevant

source that results in a significant increase in releases, excluding any

change in releases resulting from by-product recovery. It shall be a matter

for the Party to decide whether a modification is substantial or not;

(e) “Existing source” means any relevant source that is not a new

source;

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(f ) “Release limit value” means a limit on the concentration or mass

of mercury or mercury compounds, often expressed as “total mercury”,

released from a point source.

3. Each Party shall, no later than three years after the date of entry into

force of the Convention for it and on a regular basis thereafter, identify the

relevant point source categories.

4. A Party with relevant sources shall take measures to control releases

and may prepare a national plan setting out the measures to be taken to

control releases and its expected targets, goals and outcomes. Any plan

shall be submitted to the Conference of the Parties within four years of the

date of entry into force of the Convention for that Party. If a Party develops

an implementation plan in accordance with Article 20, the Party may

include in it the plan prepared pursuant to this paragraph.

5. The measures shall include one or more of the following, as appropriate:

(a) Release limit values to control and, where feasible, reduce releases

from relevant sources;

(b) The use of best available techniques and best environmental

practices to control releases from relevant sources;

for control of mercury releases;

(d) Alternative measures to reduce releases from relevant sources.

6. Each Party shall establish, as soon as practicable and no later than

five years after the date of entry into force of the Convention for it, and

maintain thereafter, an inventory of releases from relevant sources.

7. The Conference of the Parties shall, as soon as practicable, adopt

guidance on:

(a) Best available techniques and on best environmental practices,

taking into account any difference between new and existing sources and

the need to minimize cross-media effects;

(b) The methodology for preparing inventories of releases.

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8. Each Party shall include information on its implementation of this

Article in its reports submitted pursuant to Article 21, in particular

information concerning the measures it has taken in accordance with

paragraphs 3 to 6 and the effectiveness of the measures.

Article 10

Environmentally sound interim storage of mercury,

other than waste mercury

1. This Article shall apply to the interim storage of mercury and mercury

compounds as defined in Article 3 that do not fall within the meaning of

the definition of mercury wastes set out in Article 11.

2. Each Party shall take measures to ensure that the interim storage of

such mercury and mercury compounds intended for a use allowed to a

Party under this Convention is undertaken in an environmentally sound

manner, taking into account any guidelines, and in accordance with any

requirements, adopted pursuant to paragraph 3.

3. The Conference of the Parties shall adopt guidelines on the

environmentally sound interim storage of such mercury and mercury

compounds, taking into account any relevant guidelines developed under

the Basel Convention on the Control of Transboundary Movements of

Hazardous Wastes and Their Disposal and other relevant guidance. The

Conference of the Parties may adopt requirements for interim storage in

an additional annex to this Convention in accordance with Article 27.

4. Parties shall cooperate, as appropriate, with each other and with

relevant intergovernmental organizations and other entities, to enhance

capacity-building for the environmentally sound interim storage of such

mercury and mercury compounds.

Article 11

Mercury wastes

1. The relevant definitions of the Basel Convention on the Control of

Transboundary Movements of Hazardous Wastes and Their Disposal shall

apply to wastes covered under this Convention for Parties to the Basel

Convention. Parties to this Convention that are not Parties to the Basel

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Convention shall use those definitions as guidance as applied to wastes

covered under this Convention.

2. For the purposes of this Convention, mercury wastes means substances

or objects:

(a) Consisting of mercury or mercury compounds;

(b) Containing mercury or mercury compounds; or

in a quantity above the relevant thresholds defined by the Conference

of the Parties, in collaboration with the relevant bodies of the Basel

Convention in a harmonized manner, that are disposed of or are intended

to be disposed of or are required to be disposed of by the provisions of

national law or this Convention. This definition excludes overburden, waste

rock and tailings from mining, except from primary mercury mining, unless

they contain mercury or mercury compounds above thresholds defined by

the Conference of the Parties.

3. Each Party shall take appropriate measures so that mercury waste is:

(a) Managed in an environmentally sound manner, taking into

account the guidelines developed under the Basel Convention and in

accordance with requirements that the Conference of the Parties shall

adopt in an additional annex in accordance with Article 27. In developing

requirements, the Conference of the Parties shall take into account Parties’

waste management regulations and programmes;

(b) Only recovered, recycled, reclaimed or directly re-used for a use

allowed to a Party under this Convention or for environmentally sound

disposal pursuant to paragraph 3 (a);

international boundaries except for the purpose of environmentally

sound disposal in conformity with this Article and with that Convention.

In circumstances where the Basel Convention does not apply to transport

across international boundaries, a Party shall allow such transport only

after taking into account relevant international rules, standards, and

guidelines.

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4. The Conference of the Parties shall seek to cooperate closely with

the relevant bodies of the Basel Convention in the review and update, as

appropriate, of the guidelines referred to in paragraph 3 (a).

5. Parties are encouraged to cooperate with each other and with relevant

intergovernmental organizations and other entities, as appropriate,

to develop and maintain global, regional and national capacity for the

management of mercury wastes in an environmentally sound manner.

Article 12

Contaminated sites

1. Each Party shall endeavour to develop appropriate strategies for

identifying and assessing sites contaminated by mercury or mercury

compounds.

2. Any actions to reduce the risks posed by such sites shall be performed

in an environmentally sound manner incorporating, where appropriate, an

assessment of the risks to human health and the environment from the

mercury or mercury compounds they contain.

3. The Conference of the Parties shall adopt guidance on managing

contaminated sites that may include methods and approaches for:

(a) Site identification and characterization;

(b) Engaging the public;

(d) Options for managing the risks posed by contaminated sites;

(e) Evaluation of benefits and costs; and

(f ) Validation of outcomes.

4. Parties are encouraged to cooperate in developing strategies and

implementing activities for identifying, assessing, prioritizing, managing

and, as appropriate, remediating contaminated sites.

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Article 13

Financial resources and mechanism

1. Each Party undertakes to provide, within its capabilities, resources in

respect of those national activities that are intended to implement this

Convention, in accordance with its national policies, priorities, plans and

programmes. Such resources may include domestic funding through

relevant policies, development strategies and national budgets, and

bilateral and multilateral funding, as well as private sector involvement.

2. The overall effectiveness of implementation of this Convention by

developing country Parties will be related to the effective implementation

of this Article.

3. Multilateral, regional and bilateral sources of financial and technical

assistance, as well as capacity-building and technology transfer, are

encouraged, on an urgent basis, to enhance and increase their activities on

mercury in support of developing country Parties in the implementation

of this Convention relating to financial resources, technical assistance and

technology transfer.

4. The Parties, in their actions with regard to funding, shall take full

account of the specific needs and special circumstances of Parties that are

small island developing States or least developed countries.

5. A Mechanism for the provision of adequate, predictable, and timely

financial resources is hereby defined. The Mechanism is to support

developing country Parties and Parties with economies in transition in

implementing their obligations under this Convention.

6. The Mechanism shall include:

(a) The Global Environment Facility Trust Fund; and

(b) A specific international Programme to support capacity-building

and technical assistance.

7. The Global Environment Facility Trust Fund shall provide new,

predictable, adequate and timely financial resources to meet costs

in support of implementation of this Convention as agreed by the

Conference of the Parties. For the purposes of this Convention, the Global

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Environment Facility Trust Fund shall be operated under the guidance of

and be accountable to the Conference of the Parties. The Conference of the

Parties shall provide guidance on overall strategies, policies, programme

priorities and eligibility for access to and utilization of financial resources.

In addition, the Conference of the Parties shall provide guidance on an

indicative list of categories of activities that could receive support from the

Global Environment Facility Trust Fund. The Global Environment Facility

Trust Fund shall provide resources to meet the agreed incremental costs of

global environmental benefits and the agreed full costs of some enabling

activities.

8. In providing resources for an activity, the Global Environment Facility

Trust Fund should take into account the potential mercury reductions of a

proposed activity relative to its costs.

9. For the purposes of this Convention, the Programme referred to in

paragraph 6 (b) will be operated under the guidance of and be accountable

to the Conference of the Parties. The Conference of the Parties shall, at its

first meeting, decide on the hosting institution for the Programme, which

shall be an existing entity, and provide guidance to it, including on its

duration. All Parties and other relevant stakeholders are invited to provide

financial resources to the Programme, on a voluntary basis.

10. The Conference of the Parties and the entities comprising the

Mechanism shall agree upon, at the first meeting of the Conference of the

Parties, arrangements to give effect to the above paragraphs.

11. The Conference of the Parties shall review, no later than at its third

meeting, and thereafter on a regular basis, the level of funding, the

guidance provided by the Conference of the Parties to the entities

entrusted to operationalize the Mechanism established under this Article

and their effectiveness, and their ability to address the changing needs

of developing country Parties and Parties with economies in transition.

It shall, based on such review, take appropriate action to improve the

effectiveness of the Mechanism.

12. All Parties, within their capabilities, are invited to contribute to the

Mechanism. The Mechanism shall encourage the provision of resources

from other sources, including the private sector, and shall seek to leverage

such resources for the activities it supports.

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Article 14

Capacity-building, technical assistance and

technology transfer

1. Parties shall cooperate to provide, within their respective capabilities,

timely and appropriate capacity-building and technical assistance to

developing country Parties, in particular Parties that are least developed

countries or small island developing States, and Parties with economies

in transition, to assist them in implementing their obligations under this

Convention.

2. Capacity-building and technical assistance pursuant to paragraph 1

and Article 13 may be delivered through regional, subregional and national

arrangements, including existing regional and subregional centres,

through other multilateral and bilateral means, and through partnerships,

including partnerships involving the private sector. Cooperation and

coordination with other multilateral environmental agreements in the field

of chemicals and wastes should be sought to increase the effectiveness of

technical assistance and its delivery.

3. Developed country Parties and other Parties within their capabilities

shall promote and facilitate, supported by the private sector and

other relevant stakeholders as appropriate, development, transfer and

diffusion of, and access to, up-to-date environmentally sound alternative

technologies to developing country Parties, in particular the least

developed countries and small island developing States, and Parties

with economies in transition, to strengthen their capacity to effectively

implement this Convention.

4. The Conference of the Parties shall, by its second meeting and

thereafter on a regular basis, and taking into account submissions and

reports from Parties including those as provided for in Article 21 and

information provided by other stakeholders:

(a) Consider information on existing initiatives and progress made in

relation to alternative technologies;

(b) Consider the needs of Parties, particularly developing country

Parties, for alternative technologies; and

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country Parties, in technology transfer.

5. The Conference of the Parties shall make recommendations on how

capacity-building, technical assistance and technology transfer could be

further enhanced under this Article.

Article 15

Implementation and Compliance Committee

1. A mechanism, including a Committee as a subsidiary body of the

Conference of the Parties, is hereby established to promote implementation

of, and review compliance with, all provisions of this Convention. The

mechanism, including the Committee, shall be facilitative in nature and

shall pay particular attention to the respective national capabilities and

circumstances of Parties.

2. The Committee shall promote implementation of, and review

compliance with, all provisions of this Convention. The Committee shall

examine both individual and systemic issues of implementation and

compliance and make recommendations, as appropriate, to the Conference

of the Parties.

3. The Committee shall consist of 15 members, nominated by Parties

and elected by the Conference of the Parties, with due consideration to

equitable geographical representation based on the five regions of the

United Nations; the first members shall be elected at the first meeting

of the Conference of the Parties and thereafter in accordance with the

rules of procedure approved by the Conference of the Parties pursuant to

paragraph 5; the members of the Committee shall have competence in

a field relevant to this Convention and reflect an appropriate balance of

expertise.

4. The Committee may consider issues on the basis of:

(a) Written submissions from any Party with respect to its own

compliance;

(b) National reports in accordance with Article 21; and

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5. The Committee shall elaborate its rules of procedure, which shall

be subject to approval by the second meeting of the Conference of the

Parties; the Conference of the Parties may adopt further terms of reference

for the Committee.

6. The Committee shall make every effort to adopt its recommendations

by consensus. If all efforts at consensus have been exhausted and no

consensus is reached, such recommendations shall as a last resort be

adopted by a three-fourths majority vote of the members present and

voting, based on a quorum of two-thirds of the members.

Article 16

Health aspects

1. Parties are encouraged to:

(a) Promote the development and implementation of strategies

and programmes to identify and protect populations at risk, particularly

vulnerable populations, and which may include adopting science-based

health guidelines relating to the exposure to mercury and mercury

compounds, setting targets for mercury exposure reduction, where

appropriate, and public education, with the participation of public health

and other involved sectors;

(b) Promote the development and implementation of science-based

educational and preventive programmes on occupational exposure to

mercury and mercury compounds;

treatment and care for populations affected by the exposure to mercury or

mercury compounds; and

(d) Establish and strengthen, as appropriate, the institutional and

health professional capacities for the prevention, diagnosis, treatment and

monitoring of health risks related to the exposure to mercury and mercury

compounds.

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2. The Conference of the Parties, in considering health-related issues or

activities, should:

(a) Consult and collaborate with the World Health Organization, the

International Labour Organization and other relevant intergovernmental

organizations, as appropriate; and

(b) Promote cooperation and exchange of information with the

World Health Organization, the International Labour Organization and

other relevant intergovernmental organizations, as appropriate.

Article 17

Information exchange

1. Each Party shall facilitate the exchange of:

(a) Scientific, technical, economic and legal information concerning

mercury and mercury compounds, including toxicological, ecotoxicologi-

cal and safety information;

(b) Information on the reduction or elimination of the production,

use, trade, emissions and releases of mercury and mercury compounds;

to:

(i) Mercury-added products;

(ii) Manufacturing processes in which mercury or mercury

compounds are used; and

(iii) Activities and processes that emit or release mercury or

mercury compounds;

including information on the health and environmental risks and

economic and social costs and benefits of such alternatives; and

(d) Epidemiological information concerning health impacts

associated with exposure to mercury and mercury compounds, in close

cooperation with the World Health Organization and other relevant

organizations, as appropriate.

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2. Parties may exchange the information referred to in paragraph 1

directly, through the Secretariat, or in cooperation with other relevant

organizations, including the secretariats of chemicals and wastes

conventions, as appropriate.

3. The Secretariat shall facilitate cooperation in the exchange of

information referred to in this Article, as well as with relevant organizations,

including the secretariats of multilateral environmental agreements and

other international initiatives. In addition to information from Parties, this

information shall include information from intergovernmental and non-

governmental organizations with expertise in the area of mercury, and

from national and international institutions with such expertise.

4. Each Party shall designate a national focal point for the exchange of

information under this Convention, including with regard to the consent

of importing Parties under Article 3.

5. For the purposes of this Convention, information on the 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 18

Public information, awareness and education

1. Each Party shall, within its capabilities, promote and facilitate:

(a) Provision to the public of available information on:

(i) The health and environmental effects of mercury and mercury

compounds;

(ii) Alternatives to mercury and mercury compounds;

(iii) The topics identified in paragraph 1 of Article 17;

(iv) The results of its research, development and monitoring

activities under Article 19; and

(v) Activities to meet its obligations under this Convention;

(b) Education, training and public awareness related to the effects

of exposure to mercury and mercury compounds on human health

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and the environment in collaboration with relevant intergovernmental

and non-governmental organizations and vulnerable populations, as

appropriate.

2. Each Party shall use existing mechanisms or give consideration to

the development of mechanisms, such as pollutant release and transfer

registers where applicable, for the collection and dissemination of

information on estimates of its annual quantities of mercury and mercury

compounds that are emitted, released or disposed of through human

activities.

Article 19

Research, development and monitoring

1. Parties shall endeavour to cooperate to develop and improve, taking

into account their respective circumstances and capabilities:

(a) Inventories of use, consumption, and anthropogenic emissions to

air and releases to water and land of mercury and mercury compounds;

(b) Modelling and geographically representative monitoring of

levels of mercury and mercury compounds in vulnerable populations

and in environmental media, including biotic media such as fish, marine

mammals, sea turtles and birds, as well as collaboration in the collection

and exchange of relevant and appropriate samples;

on human health and the environment, in addition to social, economic

and cultural impacts, particularly in respect of vulnerable populations;

(d) Harmonized methodologies for the activities undertaken under

subparagraphs (a), (b) and (c);

(e) Information on the environmental cycle, transport (including

long-range transport and deposition), transformation and fate of mercury

and mercury compounds in a range of ecosystems, taking appropriate

account of the distinction between anthropogenic and natural emissions

and releases of mercury and of remobilization of mercury from historic

deposition;

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(f ) Information on commerce and trade in mercury and mercury

compounds and mercury-added products; and

(g) Information and research on the technical and economic

availability of mercury-free products and processes and on best available

techniques and best environmental practices to reduce and monitor

emissions and releases of mercury and mercury compounds.

2. Parties should, where appropriate, build on existing monitoring

networks and research programmes in undertaking the activities identified

in paragraph 1.

Article 20

Implementation plans

1. Each Party may, following an initial assessment, develop and execute

an implementation plan, taking into account its domestic circumstances,

for meeting the obligations under this Convention. Any such plan should

be transmitted to the Secretariat as soon as it has been developed.

2. Each Party may review and update its implementation plan, taking

into account its domestic circumstances and referring to guidance from

the Conference of the Parties and other relevant guidance.

3. Parties should, in undertaking work in paragraphs 1 and 2, consult

national stakeholders to facilitate the development, implementation,

review and updating of their implementation plans.

4. Parties may also coordinate on regional plans to facilitate

implementation of this Convention.

Article 21

Reporting

1. Each Party shall report to the Conference of the Parties, through the

Secretariat, on the measures it has taken to implement the provisions

of this Convention and on the effectiveness of such measures and the

possible challenges in meeting the objectives of the Convention.

2. Each Party shall include in its reporting the information as called for in

Articles 3, 5, 7, 8 and 9 of this Convention.

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3. The Conference of the Parties shall, at its first meeting, decide upon

the timing and format of the reporting to be followed by the Parties, taking

into account the desirability of coordinating reporting with other relevant

chemicals and wastes conventions.

Article 22

Effectiveness evaluation

1. The Conference of the Parties shall evaluate the effectiveness of this

Convention, beginning no later than six years after the date of entry into

force of the Convention and periodically thereafter at intervals to be

decided by it.

2. To facilitate the evaluation, the Conference of the Parties shall, at its

first meeting, initiate the establishment of arrangements for providing

itself with comparable monitoring data on the presence and movement of

mercury and mercury compounds in the environment as well as trends in

levels of mercury and mercury compounds observed in biotic media and

vulnerable populations.

3. The evaluation shall be conducted on the basis of available scientific,

environmental, technical, financial and economic information, including:

(a) Reports and other monitoring information provided to the

Conference of the Parties pursuant to paragraph 2;

(b) Reports submitted pursuant to Article 21;

15; and

(d) Reports and other relevant information on the operation of

the financial assistance, technology transfer and capacity-building

arrangements put in place under this Convention.

Article 23

Conference of the Parties

1. A Conference of the Parties is hereby established.

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2. The first meeting of the Conference of the Parties shall be convened

by the Executive Director of the United Nations Environment Programme

no later than one year after the date of 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, within six months of

the request being communicated to the Parties by the Secretariat, 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 of its 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 this Convention and, to that end, shall:

(a) Establish such subsidiary bodies as it considers necessary for the

implementation of this Convention;

(b) Cooperate, where appropriate, with competent international

organizations and intergovernmental and non-governmental bodies;

Secretariat pursuant to Article 21;

(d) Consider any recommendations submitted to it by the

Implementation and Compliance Committee;

(e) Consider and undertake any additional action that may be

required for the achievement of the objectives of this Convention; and

(f ) Review Annexes A and B pursuant to Article 4 and Article 5.

6. The United Nations, its specialized agencies and the International

Atomic Energy Agency, as well as any State not a 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,

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governmental or non-governmental, that is qualified in matters covered

by this Convention and 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 24

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 Parties, particularly developing country

Parties and Parties with economies in transition, on request, in the

implementation of this Convention;

international bodies, particularly other chemicals and waste conventions;

(d) To assist Parties in the exchange of information related to the

implementation of this Convention;

(e) To prepare and make available to the Parties periodic reports

based on information received pursuant to Articles 15 and 21 and other

available information;

(f ) 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

(g) To perform the other secretariat functions specified in this

Convention and such other functions as may be determined by the

Conference of the Parties.

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3. The secretariat functions for this Convention shall be performed by

the Executive Director of the United Nations Environment Programme,

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.

4. The Conference of the Parties, in consultation with appropriate

international bodies, may provide for enhanced cooperation and

coordination between the Secretariat and the secretariats of other

chemicals and wastes conventions. The Conference of the Parties, in

consultation with appropriate international bodies, may provide further

guidance on this matter.

Article 25

Settlement of disputes

1. Parties shall seek to 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 this 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 regard to any dispute concerning the interpretation

or application of this 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 the procedure set out in Part I of

Annex E;

(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

paragraph 2.

4. A declaration made pursuant to paragraph 2 or 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.

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5. The expiry of a declaration, a notice of revocation or a new declaration

shall in no 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 means of

dispute settlement pursuant to paragraph 2 or 3, and if they have not been

able to settle their dispute through the means mentioned in paragraph

1 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

procedure set out in Part II of Annex E shall apply to conciliation under this

Article.

Article 26

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 the proposed amendment 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 at the meeting.

4. An adopted 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 consented to be

bound by 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

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that were Parties at the time at which the amendment was adopted.

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 27

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 adopted after the entry into force of this

Convention 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 1–3 of Article 26;

(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 such annex. The

Depositary shall without delay notify all Parties of any such notification

received. A Party may at any time notify the Depositary, in writing, that

it withdraws a previous notification of non-acceptance in respect of an

additional annex, and the annex shall thereupon enter into force for that

Party subject to subparagraph (c); and

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 of

non-acceptance in accordance with the provisions of subparagraph (b).

4. The proposal, adoption and entry into force of amendments to

annexes to this Convention shall be subject to the same procedures as for

the proposal, adoption and entry into force of additional annexes to the

Convention, except that an amendment to an annex shall not enter into

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force with regard to any Party that has made a declaration with regard to

amendment of annexes in accordance with paragraph 5 of Article 30, in

which case any such amendment shall enter into force for such a Party on

the ninetieth day after the date it has deposited with the Depositary its

instrument of ratification, acceptance, approval or accession with respect

to such amendment.

5. 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 28

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 29

Signature

This Convention shall be opened for signature at Kumamoto, Japan, by

all States and regional economic integration organizations on 10 and 11

October 2013, and thereafter at the United Nations Headquarters in New

York until 9 October 2014.

Article 30

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

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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 of the extent of its competence.

4. Each State or regional economic integration organization is

encouraged to transmit to the Secretariat at the time of its ratification,

acceptance, approval or accession of the Convention information on its

measures to implement the Convention

5. In its instrument of ratification, acceptance, approval or accession,

any Party may declare that, with regard to it, any amendment to an annex

shall enter into force only upon the deposit of its instrument of ratification,

acceptance, approval or accession with respect thereto.

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Article 31

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 purposes 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 32

Reservations

No reservations may be made to this Convention.

Article 33

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 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.

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Article 34

Depositary

The Secretary-General of the United Nations shall be the Depositary of

this Convention.

Article 35

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 Depositary.

IN WITNESS WHEREOF the undersigned, being duly authorized to that

effect, have signed this Convention.

Done at Kumamoto, Japan, on this tenth day of October, two thousand

and thirteen.

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ANNEXES

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Annex A

Mercury-added products

The following products are excluded from this Annex:

(a) Products essential for civil protection and military uses;

(b) Products for research, calibration of instrumentation, for use

as reference standard;

available, switches and relays, cold cathode fluorescent lamps

and external electrode fluorescent lamps (CCFL and EEFL) for

electronic displays, and measuring devices;

(d) Products used in traditional or religious practices; and

(e) Vaccines containing thiomersal as preservatives.

Part I: Products subject to Article 4, paragraph 1

Date after which the

manufacture, import

or export of the

product shall not be

allowed (phase-out

date)

Mercury-added products

Batteries, except for button zinc silver oxide

batteries with a mercury content < 2% and button

zinc air batteries with a mercury content < 2%

Switches and relays, except very high accuracy

capacitance and loss measurement bridges and

high frequency radio frequency switches and

relays in monitoring and control instruments with

a maximum mercury content of 20 mg per bridge,

switch or relay

Compact fluorescent lamps (CFLs) for general

lighting purposes that are ≤ 30 watts with a

mercury content exceeding 5 mg per lamp burner

2020

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Linear fluorescent lamps (LFLs) for general lighting

purposes:

(a) Triband phosphor < 60 watts with a mercury

content exceeding 5 mg per lamp;

(b) Halophosphate phosphor ≤ 40 watts with a

mercury content exceeding 10 mg per lamp

High pressure mercury vapour lamps (HPMV) for

general lighting purposes

Mercury in cold cathode fluorescent lamps and

external electrode fluorescent lamps (CCFL and

EEFL) for electronic displays:

(a) short length (≤ 500 mm) with mercury content

exceeding 3.5 mg per lamp

(b) medium length (> 500 mm and ≤ 1 500 mm)

with mercury content exceeding 5 mg per lamp

exceeding 13 mg per lamp

Cosmetics (with mercury content above 1ppm),

including skin lightening soaps and creams, and

not including eye area cosmetics where mercury

is used as a preservative and no effective and safe

substitute preservatives are available

Pesticides, biocides and topical antiseptics

The following non-electronic measuring devices

except non-electronic measuring devices installed

in large-scale equipment or those used for high

precision measurement, where no suitable

mercury-free alternative is available:

(a) barometers;

(b) hygrometers;

(d) thermometers;

(e) sphygmomanometers.

2020

The intention is not to cover cosmetics, soaps or creams with trace contaminants of mercury.

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Part II: Products subject to Article 4, paragraph 3

Mercury-added

products

Dental amalgam

Provisions

Measures to be taken by a Party to phase down the use

of dental amalgam shall take into account the Party’s

domestic circumstances and relevant international

guidance and shall include two or more of the

measures from the following list:

(i) Setting national objectives aiming at dental

caries prevention and health promotion, thereby

minimizing the need for dental restoration;

(ii)

Setting national objectives aiming at minimizing

its use;

(iii) Promoting the use of cost-effective and clinically

effective mercury-free alternatives for dental

restoration;

(iv) Promoting research and development of quality

mercury-free materials for dental restoration;

(v)

Encouraging

representative

professional

organizations and dental schools to educate and

train dental professionals and students on the use

of mercury-free dental restoration alternatives and

on promoting best management practices;

(vi) Discouraging insurance policies and programmes

that favour dental amalgam use over mercury-free

dental restoration;

(vii) Encouraging insurance policies and programmes

that favour the use of quality alternatives to dental

amalgam for dental restoration;

(viii) Restricting the use of dental amalgam to its

encapsulated form;

(ix) Promoting the use of best environmental practices

in dental facilities to reduce releases of mercury

and mercury compounds to water and land.

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Annex B

Manufacturing processes in which mercury

or mercury compounds are used

Part I: Processes subject to Article 5, paragraph 2

Manufacturing processes using mercury or

mercury compounds

Chlor-alkali production

Acetaldehyde production in which mercury or

mercury compounds are used as a catalyst

Phase-out date

2025

2018

Part II: Processes subject to Article 5, paragraph 3

Mercury using

process

Vinyl chloride

monomer

production

Provisions

Measures to be taken by the Parties shall include but

not be limited to:

(i) Reduce the use of mercury in terms of per unit

production by 50 per cent by the year 2020 against

2010 use;

(ii)

Promoting measures to reduce the reliance on

mercury from primary mining;

(iii) Taking measures to reduce emissions and releases

of mercury to the environment;

(iv) Supporting research and development in respect

of mercury-free catalysts and processes;

(v)

Not allowing the use of mercury five years after

the Conference of the Parties has established that

mercury-free catalysts based on existing processes

have become technically and economically

feasible;

(vi) Reporting to the Conference of the Parties on its

efforts to develop and/or identify alternatives and

phase out mercury use in accordance with Article 21.

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Sodium or

Potassium

Methylate or

Ethylate

Measures to be taken by the Parties shall include but

not be limited to:

(i)

Measures to reduce the use of mercury aiming

at the phase out of this use as fast as possible

and within 10 years of the entry into force of the

Convention;

(ii) Reduce emissions and releases in terms of per unit

production by 50 per cent by 2020 compared to

2010;

(iii) Prohibiting the use of fresh mercury from primary

mining;

(iv) Supporting research and development in respect

of mercury-free processes;

(v)

Not allowing the use of mercury five years after

the Conference of the Parties has established that

mercury-free processes have become technically

and economically feasible;

(vi) Reporting to the Conference of the Parties on its

efforts to develop and/or identify alternatives and

phase out mercury use in accordance with Article 21.

Production of

polyurethane using

mercury containing

catalysts

Measures to be taken by the Parties shall include but

not be limited to:

(i) Taking measures to reduce the use of mercury,

aiming at the phase out of this use as fast as

possible, within 10 years of the entry into force of

the Convention;

(ii)

Taking measures to reduce the reliance on mercury

from primary mercury mining;

(iii) Taking measures to reduce emissions and releases

of mercury to the environment;

(iii) Encouraging research and development in respect

of mercury-free catalysts and processes;

(iv) Reporting to the Conference of the Parties on its

efforts to develop and/or identify alternatives and

phase out mercury use in accordance with Article 21.

Paragraph 6 of Article 5 shall not apply to this

manufacturing process.

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Annex C

Artisanal and small-scale gold mining

National action plans

1. Each Party that is subject to the provisions of paragraph 3 of Article 7

shall include in its national action plan:

(a) National objectives and reduction targets;

(b) Actions to eliminate:

(i) Whole ore amalgamation;

(ii) Open burning of amalgam or processed amalgam;

(iii) Burning of amalgam in residential areas; and

(iv) Cyanide leaching in sediment, ore or tailings to which mercury

has been added without first removing the mercury;

and small-scale gold mining sector;

(d) Baseline estimates of the quantities of mercury used and the

practices employed in artisanal and small-scale gold mining and processing

within its territory;

(e) Strategies for promoting the reduction of emissions and releases

of, and exposure to, mercury in artisanal and small-scale gold mining and

processing, including mercury-free methods;

(f ) Strategies for managing trade and preventing the diversion of

mercury and mercury compounds from both foreign and domestic sources

to use in artisanal and small scale gold mining and processing;

(g) Strategies for involving stakeholders in the implementation and

continuing development of the national action plan;

(h) A public health strategy on the exposure of artisanal and

small-scale gold miners and their communities to mercury. Such a strategy

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should include, inter alia, the gathering of health data, training for

health-care workers and awareness-raising through health facilities;

(i) Strategies to prevent the exposure of vulnerable populations,

particularly children and women of child-bearing age, especially pregnant

women, to mercury used in artisanal and small-scale gold mining;

(j) Strategies for providing information to artisanal and small-scale

gold miners and affected communities; and

(k) A schedule for the implementation of the national action plan.

2. Each Party may include in its national action plan additional strategies

to achieve its objectives, including the use or introduction of standards

for mercury-free artisanal and small-scale gold mining and market-based

mechanisms or marketing tools.

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Annex D

List of point sources of emissions of

mercury and mercury compounds to the

atmosphere

Point source category:

Coal-fired power plants;

Coal-fired industrial boilers;

Smelting and roasting processes used in the production of

non-ferrous metals;

Waste incineration facilities;

Cement clinker production facilities.

____________________________________

For the purpose of this Annex, “non-ferrous metals” refers to lead, zinc, copper and industrial gold.

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Annex E

Arbitration and conciliation procedures

Part I: Arbitration procedure

The arbitration procedure for purposes of paragraph 2 (a) of Article 25

of this Convention shall be as follows:

Article 1

1. A Party may initiate recourse to arbitration in accordance with Article

25 of this Convention by written notification addressed to the other

party or parties to the dispute. The notification shall be accompanied

by a statement of claim, together with any supporting documents. Such

notification shall state the subject matter of arbitration and include, in

particular, the Articles of this Convention the interpretation or application

of which are at issue.

2. The claimant party shall notify the Secretariat that it is referring

a dispute to arbitration pursuant to Article 25 of this Convention. The

notification shall be accompanied by the written notification of the claimant

party, the statement of claim, and the supporting documents referred to

in paragraph 1 above. The Secretariat shall forward the information thus

received to all Parties.

Article 2

1. If a dispute is referred to arbitration in accordance with Article 1 above,

an arbitral tribunal shall be established. It shall consist of three members.

2. Each party to the dispute shall appoint an arbitrator, and the two

arbitrators so appointed shall designate by agreement the third arbitrator,

who shall be the President of the tribunal. In disputes between more than

two parties, parties in the same interest shall appoint one arbitrator jointly

by agreement. The President of the tribunal shall not be a national of any

of the parties to the dispute, nor have his or her usual place of residence in

the territory of any of these parties, nor be employed by any of them, nor

have dealt with the case in any other capacity.

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3. Any vacancy shall be filled in the manner prescribed for the initial

appointment.

Article 3

1. If one of the parties to the dispute does not appoint an arbitrator

within two months of the date on which the respondent party receives the

notification of the arbitration, the other party may inform the Secretary-

General of the United Nations, who shall make the designation within a

further two-month period.

2. If the President of the arbitral tribunal has not been designated within

two months of the date of the appointment of the second arbitrator, the

Secretary-General of the United Nations shall, at the request of a party,

designate the President within a further two-month period.

Article 4

The arbitral tribunal shall render its decisions in accordance with the

provisions of this Convention and international law.

Article 5

Unless the parties to the dispute otherwise agree, the arbitral tribunal

shall determine its own rules of procedure.

Article 6

The arbitral tribunal may, at the request of one of the parties to the

dispute, recommend essential interim measures of protection.

Article 7

The parties to the dispute shall facilitate the work of the arbitral

tribunal and, in particular, using all means at their disposal, shall:

(a) Provide it with all relevant documents, information and facilities; and

(b) Enable it, when necessary, to call witnesses or experts and receive

their evidence.

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Article 8

The parties to the dispute and the arbitrators are under an obligation

to protect the confidentiality of any information or documents that they

receive in confidence during the proceedings of the arbitral tribunal.

Article 9

Unless the arbitral tribunal determines otherwise because of the

particular circumstances of the case, the costs of the tribunal shall be

borne by the parties to the dispute in equal shares. The tribunal shall keep

a record of all its costs and shall furnish a final statement thereof to the

parties.

Article 10

A Party that has an interest of a legal nature in the subject matter of

the dispute that may be affected by the decision may intervene in the

proceedings with the consent of the arbitral tribunal.

Article 11

The arbitral tribunal may hear and determine counterclaims arising

directly out of the subject matter of the dispute.

Article 12

Decisions of the arbitral tribunal on both procedure and substance

shall be taken by a majority vote of its members.

Article 13

1. If one of the parties to the dispute does not appear before the arbitral

tribunal or fails to defend its case, the other party may request the tribunal

to continue the proceedings and to make its decision. Absence of a party

or a failure of a party to defend its case shall not constitute a bar to the

proceedings.

2. Before rendering its final decision, the arbitral tribunal must satisfy

itself that the claim is well founded in fact and law.

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Article 14

The arbitral tribunal shall render its final decision within five months

of the date on which it is fully constituted, unless it finds it necessary to

extend the time limit for a period that should not exceed five more months.

Article 15

The final decision of the arbitral tribunal shall be confined to the

subject matter of the dispute and shall state the reasons on which it is

based. It shall contain the names of the members who have participated

and the date of the final decision. Any member of the tribunal may attach

a separate or dissenting opinion to the final decision.

Article 16

The final decision shall be binding on the parties to the dispute. The

interpretation of this Convention given by the final decision shall also

be binding upon a Party intervening under Article 10 above insofar as

it relates to matters in respect of which that Party intervened. The final

decision shall be without appeal unless the parties to the dispute have

agreed in advance to an appellate procedure.

Article 17

Any disagreement that may arise between those bound by the final

decision in accordance with Article 16 above, as regards the interpretation

or manner of implementation of that final decision, may be submitted by

any of them for decision to the arbitral tribunal that rendered it.

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Part II: Conciliation procedure

The conciliation procedure for purposes of paragraph 6 of Article 25 of

this Convention shall be as follows:

Article 1

A request by a party to a dispute to establish a conciliation commission

pursuant to paragraph 6 of Article 25 of this Convention shall be addressed

in writing to the Secretariat, with a copy to the other party or parties to the

dispute. The Secretariat shall forthwith inform all Parties accordingly.

Article 2

1. The conciliation commission shall, unless the parties to the dispute

otherwise agree, comprise three members, one appointed by each party

concerned and a President chosen jointly by those members.

2. In disputes between more than two parties, parties in the same interest

shall appoint their member of the commission jointly by agreement.

Article 3

If any appointment by the parties to the dispute is not made within

two months of the date of receipt by the Secretariat of the written request

referred to in Article 1 above, the Secretary-General of the United Nations

shall, upon request by any party, make such appointment within a further

two-month period.

Article 4

If the President of the conciliation commission has not been chosen

within two months of the appointment of the second member of the

commission, the Secretary-General of the United Nations shall, upon

request by any party to the dispute, designate the President within a

further two-month period.

Article 5

The conciliation commission shall assist the parties to the dispute in an

independent and impartial manner in their attempt to reach an amicable

resolution.

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Article 6

1. The conciliation commission may conduct the conciliation proceedings

in such a manner as it considers appropriate, taking fully into account the

circumstances of the case and the views the parties to the dispute may

express, including any request for a swift resolution. It may adopt its own

rules of procedure as necessary, unless the parties otherwise agree.

2. The conciliation commission may, at any time during the proceedings,

make proposals or recommendations for a resolution of the dispute.

Article 7

The parties to the dispute shall cooperate with the conciliation

commission. In particular, they shall endeavour to comply with requests by

the commission to submit written materials, provide evidence and attend

meetings. The parties and the members of the conciliation commission

are under an obligation to protect the confidentiality of any information

or documents they receive in confidence during the proceedings of the

commission.

Article 8

The conciliation commission shall take its decisions by a majority vote

of its members.

Article 9

Unless the dispute has already been resolved, the conciliation

commission shall render a report with recommendations for resolution of

the dispute no later than twelve months of being fully constituted, which

the parties to the dispute shall consider in good faith.

Article 10

Any disagreement as to whether the conciliation commission has

competence to consider a matter referred to it shall be decided by the

commission.

Article 11

The costs of the conciliation commission shall be borne by the parties

to the dispute in equal shares, unless they agree otherwise. The commission

shall keep a record of all its costs and shall furnish a final statement thereof

to the parties.

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