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Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Public Act Date of assent 2003 No 37 7 July 2003 Contents Part 1 Preliminary provisions Title Commencement Purpose Part 2 Amendments to principal Act Interpretation Powers, functions, and duties of Authority Delegation by Authority New sections 25A to 25D inserted 25A Prohibition of import, manufacture, or use of persistent organic pollutants Prohibition on storage of persistent organic pollutants Continuation of certain exemptions under Toxic Substances Regulations 1983 25B 25C Page 2 3 3 3 4 4 4 4 4 5 1 s 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 25D Use of persistent organic pollutants imported or manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 New section 29B inserted 29B Applications relating to persistent organic pollutants Disposal of persistent organic pollutants Importing hazardous substances in containment Exemptions from Act for small­scale research on hazardous substances New section 66A inserted 66A Offences Penalties Strict liability and defences New sections 140A and 140B inserted 140A Persistent organic pollutants 140B Schedule 1AA may be amended or substituted Procedure for making Orders in Council New section 152A inserted 152A Expiry of transitional provisions in relation to persistent organic pollutants New Schedule 1AA inserted New Schedule 2A
 inserted Schedule 1 New Schedule 1AA inserted in principal Act 5 6 6 6 6 6 6 7 7 7 7 7 7 8 8 8 8 9 9 Schedule 2 New Schedule 2A inserted in principal Act 60 The Parliament of New Zealand enacts as follows: Title This Act is the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003.
In this Act, the Hazardous Substances and New Organisms Act 1996 is called “the principal Act”.

1 (1) (2) 2 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Part 2 s 4 Part 1 Preliminary provisions 2 3 Commencement This Act comes into force on a day to be appointed by the Governor­General by Order in Council.

Purpose The purpose of this Act is to enable New Zealand to comply with the Stockholm Convention on Persistent Organic Pollu­ tants.
Part 2 Amendments to principal Act 4 Interpretation Section 2(1) of the principal Act is amended by inserting, in their appropriate alphabetical order, the following deﬁnitions: “environmentally sound disposal, in relation to a substance that is a persistent organic pollutant, means disposal in accordance with direc­ tions given by the Authority by notice in the Gazette, being directions that are not inconsistent with Article 6 of the Stockholm Convention “persistent organic pollutant— “(a) means a substance listed in Schedule 2A; and “(b) includes a substance containing 1 or more of those substances; but does not include a substance occurring in quantities as unin­ tentional trace contaminants in products and articles “(c) “Stockholm Convention— “(a) means the Convention on Persistent Organic Pollutants done at Stockholm on 23 May 2001 and the Annexes to the Conven­ tion, a copy of the English text of which is set out in Schedule IAA; and includes any amendments to, or substitutions of, the Conven­ tion or the Annexes that are, or will become, binding on New Zealand.” “(b) 3 Part 2 s 5 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 5 Powers, functions, and duties of Authority Section 11 of the principal Act is amended by inserting, after paragraph (fa), the following paragraph: “(fb) give directions as to the disposal of persistent organic pollu­ tants:” 6 Delegation by Authority Section 19(2) of the principal Act is amended by inserting, after paragraph (c), the
 following paragraph: “(ca) the power to grant an extension of an exemption under section 25C(2) to— “(i) “(ii) any employee of a person speciﬁed in section 97 with relevant experience; or if there is no employee with relevant experience, any other person with relevant experience, whether or not that person is a member of the Authority:” 7 New sections 25A to 25D inserted The principal Act is amended by inserting, after section 25, the following sections: “25A Prohibition of import, manufacture, or use of persistent organic pollutants “(1) No persistent organic pollutant is to be imported or manufac­ tured, and no approval is to be issued to import or manufacture a persistent organic pollutant, except as provided by— “(a) “(b) “(c) section 29B; or section 30(a); or section 30(ba), but only for research in a laboratory.
“(2) A persistent organic pollutant that is manufactured in New Zealand must not be used in New Zealand except for a use speciﬁed in Schedule 2A for the persistent organic pollutant.

“25B Prohibition on storage of persistent organic pollutants “(1) A persistent organic pollutant must not be stored in New Zealand.
“(2) However, subsection (1) does not apply to— 4 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Part 2 s 7 “(a) “(b) a persistent organic pollutant (other than polychlori­ nated biphenyls) stored in accordance with conditions speciﬁed by the Authority by notice in the Gazette ; or a persistent organic pollutant in respect of which storage is speciﬁed in Schedule 2A.
“25C Continuation of certain exemptions under Toxic Substances Regulations 1983 “(1) For the purposes of sections 25A and 25B and Schedule 2A, an exemption granted under regulation 491 or regulation 49J of the Toxic Substances Regulations 1983 that is in force im­ mediately before the commencement of the Hazardous Sub­ stances and New Organisms (Stockholm Convention) Amend­ ment Act 2003 continues— “(a) on the same terms and conditions as in force at that time; and “(b) until the expiry of— “(i) “(ii) the exemption; or an extension of the exemption (being not later than the close of 2016).
“(2) The Authority may grant an extension of an exemption for the purposes of subsection (1)(b)(ii).

“25D Use of persistent organic pollutants imported or manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 “(1) This section applies to persistent organic pollutants imported or manufactured before the commencement of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003.
“(2) No person may use a persistent organic pollutant for a use not speciﬁed in Schedule 2A if the Authority has issued a direc­ tion, by notice in the Gazette, restricting the use of the persist­ ent organic pollutant to the use in that schedule for the persist­ ent organic pollutant.
“(3) This section does not prevent approvals being granted under— “(a) “(b) section 30(a); and section 30(ba), but only for research in a laboratory.” 5 Part 2 s 8 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 8 New section 29B inserted The principal Act is amended by inserting, after section 29A, the following section: “29B Applications relating to persistent organic pollutants “(1) An application to import a persistent organic pollutant may be granted,— “(a) “(b) if a use for the persistent organic pollutant is speciﬁed in Schedule 2A, only for that use; or if no use for the persistent organic pollutant is speciﬁed in Schedule 2A, only for the purpose of environmentally sound disposal.
“(2) An application to manufacture a persistent organic pollutant may be granted if manufacture for the persistent organic pol­ lutant is speciﬁed in Schedule 2A.” 9 “(a) 10 Importing hazardous substances in containment Section 30 of the principal Act is amended by repealing para­ graph (a), and substituting the following paragraph: small amounts of any hazardous substance for use as analytical standards where— “(i) approval to import or manufacture that substance has been declined; or the substance is a persistent organic pollutant; or.” “(ii) Exemptions from Act for small­scale research on hazardous substances Section 33 of the principal Act is amended by inserting, after paragraph (b), the following paragraph: “(ba) the use does not create or involve a persistent organic pollu­ tant; and.” 11 New section 66A inserted The principal Act is amended by inserting, after section 66, the following section: “66A Disposal of persistent organic pollutants If Schedule 2A does not specify a use for a persistent organic pollutant or a speciﬁed use has expired,— “(a) no person may use the substance; and 6 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Part 2 s 15 “(b) the Authority may issue a direction, by notice in the _ Gazette, requiring the environmentally sound disposal of the persistent organic pollutant.” 12 Offences Section 109(1) of the principal Act is amended by inserting, after paragraph (a), the following paragraph: “(aa) imports, manufactures, uses, or stores a persistent organic pol­ lutant in contravention of this Act; or.” 13 14 15 Penalties Section 114(1) of the principal Act is amended by inserting, after the expression “paragraph (a)”, the words “or paragraph (aa)”.
Strict liability and defences Section 117(1) of the principal Act is amended by inserting, after the expression “paragraph (a)”, the words “or paragraph (aa)”.
New sections 140A and 140B inserted The principal Act is amended by inserting, after section 140, the following sections: “140A Persistent organic pollutants “(1) The Governor­General may, by Order in Council, amend Schedule 2A to— “(a) add any hazardous substance that exhibits the charac­ teristics of a persistent organic pollutant as speciﬁed in the Stockholm Convention: include or amend a use for a persistent organic pollutant: include or amend a date on the close of which a use included under paragraph (b) ceases to be allowed.
“(b) “(c) “(2) An Order in Council made under subsection (1) must be con­ sistent with New Zealand’s obligations under the Stockholm Convention.
“140B Schedule 1AA may be amended or substituted The Governor­General may, by Order in Council,— 7 Part 2 s 16 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 “(a) “(b) amend Schedule 1AA by making any amendments to the text of the Stockholm Convention set out in the Schedule as are required to bring it up to date: revoke Schedule 1AA and substitute a new schedule setting out in an up­to­date form the text of the Stock­ holm Convention.” 16 17 Procedure for making Orders in Council Section 141(1) of the principal Act is amended by inserting, after the words “section 140(1)(i), (j), (m), or (n),”, the words “or section 140A,”.
New section 152A inserted The principal Act is amended by inserting, after section 152, the following section: “152A Expiry of transitional provisions in relation to persistent organic pollutants “(1) Parts 11 to 13 and Schedule 7 cease to apply on and from the commencement of— “(a) the Hazardous Substances and New Organisms (Stock­ holm Convention) Amendment Act 2003 to a hazardous substance that is a persistent organic pollutant at the commencement of that Act: an Order in Council made under section 140A(1)(a) to a hazardous substance added to Schedule 2A by the Order in Council.
“(b) “(2) On the expiry, under subsection (1), of Parts 11 to 13 and Schedule 7 in relation to a persistent organic pollutant, the per­ sistent organic pollutant must no longer be imported or manu­ factured except in accordance with Part 5.” 18 New Schedule 1AA inserted The principal Act is amended by inserting, before Schedule 1, the Schedule 1AA set out in Schedule 1.
8 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 19 New Schedule 2A inserted The principal Act is amended by inserting, after Schedule 2, the Schedule 2A set out in Schedule 2.
Schedule 1 New Schedule 1AA inserted in principal Act Schedule 1AA Stockholm Convention on Persistent Organic Pollutants s 18 s 2(1) Preamble The Parties to this Convention, Recognizing that persistent organic pollutants possess toxic proper­ ties, resist degradation, bioaccumulate and are transported, through air, water and migratory species, across international boundaries and deposited far from their place of release, where they accumulate in terrestrial and aquatic ecosystems, Aware of the health concerns, especially in developing countries, re­ sulting from local exposure to persistent organic pollutants, in par­ ticular impacts upon women and, through them, upon future genera­ tions, Acknowledging that the Arctic ecosystems and indigenous commu­ nities are particularly at risk because of the biomagniﬁcation of per­ sistent organic pollutants and that contamination of their traditional foods is a public health issue, Conscious of the need for global action on persistent organic pollu­ tants, Mindful of decision 19/13 C of 7 February 1997 of the Governing Council of the United Nations Environment Programme to initiate international action to protect human health and the environment through measures which will reduce and/or eliminate emissions and discharges of persistent organic pollutants, Recalling the pertinent provisions of the relevant international envir­ onmental conventions, especially the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals 9 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued and Pesticides in International Trade, and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal including the regional agreements developed within the framework of its Article 11, Recalling also the pertinent provisions of the Rio Declaration on En­ vironment and Development and Agenda 21, Acknowledging that precaution underlies the concerns of all
 the Par­ ties and is embedded within this Convention, Recognizing that this Convention and other international agreements in the ﬁeld of trade and the environment are mutually supportive, Reafﬁrming that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environ­ mental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause dam­ age to the environment of other States or of areas beyond the limits of national jurisdiction, Taking into account the circumstances and particular requirements of developing countries, in particular the least developed among them, and countries with economies in transition, especially the need to strengthen their national capabilities for the management of chem­ icals, including through the transfer of technology, the provision of ﬁnancial and technical assistance and the promotion of cooperation among the Parties, Taking full account of the Programme of Action for the Sustainable Development of Small Island Developing States, adopted in Barba­ dos on 6 May 1994, Noting the respective capabilities of developed and developing coun­ tries, as well as the common but differentiated responsibilities of States as set forth in Principle 7 of the Rio Declaration on Envir­ onment and Development, Recognizing the important contribution that the private sector and non­governmental organizations can make to achieving the reduction and/or elimination of emissions and discharges of persistent organic pollutants, 10 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued Underlining the importance of manufacturers of persistent organic pollutants taking responsibility for reducing adverse effects caused by their products and for providing information to users, Govern­ ments and the public
 on the hazardous properties of those chemicals, Conscious of the need to take measures to prevent adverse effects caused by persistent organic pollutants at all stages of their life cycle, Reafﬁrming Principle 16 of the Rio Declaration on Environment and Development which states that national authorities should endeavour to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the pol­ luter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment, Encouraging Parties not having regulatory and assessment schemes for pesticides and industrial chemicals to develop such schemes, Recognizing the importance of developing and using environmen­ tally sound alternative processes and chemicals, Determined to protect human health and the environment from the harmful impacts of persistent organic pollutants, Have agreed as follows: Article 1 Objective Mindful of the precautionary approach as set forth in Principle 15 of the Rio Declaration on Environment and Development, the objective of this Convention is to protect human health and the environment from persistent organic pollutants.
Article 2 Deﬁnitions For the purposes of this Convention: (a) Party means a State or regional economic integration organ­ ization that has consented to be bound by this Convention and for which the Convention is in force; (b) Regional economic integration organization means an or­ ganization constituted by sovereign States of a given region to which its member States have transferred competence in re­ spect of matters governed by this Convention and which has 11 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued been duly authorized, in accordance with its internal proced­ ures, to sign, ratify, accept, approve or accede to this Conven­ tion; Parties present and voting means Parties present and casting an afﬁrmative or negative vote.
(c) Article 3 Measures to reduce or eliminate releases from intentional production and use Each Party shall: (a) Prohibit and/or take the legal and administrative meas­ ures necessary to eliminate: (i) Its production and use of the chemicals listed in Annex A subject to the provisions of that Annex; and Its import and export of the chemicals listed in Annex A in accordance with the provisions of paragraph 2; and (ii) (b) Restrict its production and use of the chemicals listed in Annex B in accordance with the provisions of that Annex.
Each Party shall take measures to ensure: (a) That a chemical listed in Annex A or Annex B is im­ ported only: (i) For the purpose of environmentally sound dis­ posal as set forth in paragraph 1(d) of Article 6; or For a use or purpose which is permitted for that Party under Annex A or Annex B; (ii) (b) That a chemical listed in Annex A for which any pro­ duction or use speciﬁc exemption is in effect or a chem­ ical listed in Annex B for which any production or use speciﬁc exemption or acceptable purpose is in effect, taking into account any relevant provisions in existing international prior informed consent instruments, is ex­ ported only: (i) For the purpose of environmentally sound dis­ posal as set forth in paragraph 1(d) of Article 6; 1 2 12 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued (ii) To a Party which is permitted to use that chemical under Annex A or Annex B; or (iii) To a State not Party to this Convention which has provided an annual certiﬁcation to the export­ ing Party.
Such certiﬁcation shall specify the in­ tended use of the chemical and include a state­ ment that, with respect to that chemical, the im­ porting State is committed to: a.
Protect human health and the environment by taking the necessary measures to mini­ mize or prevent releases; Comply with the provisions of paragraph 1 of Article 6; and Comply, where appropriate, with the pro­ visions of paragraph 2 of Part II of Annex B. b. c. The certiﬁcation shall also include any appro­ priate supporting documentation, such as legis­ lation, regulatory instruments, or administrative or policy guidelines.
The exporting Party shall transmit the certiﬁcation to the Secretariat within sixty days of receipt.
(c) (d) That a chemical listed in Annex A, for which produc­ tion and use speciﬁc exemptions are no longer in effect for any Party, is not exported from it except for the pur­ pose of environmentally sound disposal as set forth in paragraph 1(d) of Article 6; For the purposes of this paragraph, the term State not Party to this Convention shall include, with respect to a particular chemical, a State or regional economic integration organization that has not agreed to be bound by the Convention with respect to that chemical.
Each Party that has one or more regulatory and assessment schemes for new pesticides or new industrial chemicals shall take measures to regulate with the aim of preventing the pro­ duction and use of new pesticides or new industrial chemicals which, taking into consideration the criteria in paragraph 1 of 13 3.

Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 4.

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Schedule 1AA—continued Annex D, exhibit the characteristics of persistent organic pol­ lutants.

Each Party that has one or more regulatory and assessment schemes for pesticides or industrial chemicals shall, where ap­ propriate, take into consideration within these schemes the cri­ teria in paragraph 1 of Annex D when conducting assessments of pesticides or industrial chemicals currently in use.
Except as otherwise provided in this Convention, paragraphs 1 and 2 shall not apply to quantities of a chemical to be used for laboratory­scale research or as a reference standard.
Any Party that has a speciﬁc exemption in accordance with Annex A or a speciﬁc exemption or an acceptable purpose in accordance with Annex B shall take appropriate measures to ensure that any production or use under such exemption or purpose is carried out in a manner that prevents or minimizes human exposure and release into the environment.
For ex­ empted uses or acceptable purposes that involve intentional release into the environment under conditions of normal use, such release shall be to the minimum extent necessary, taking into account any applicable standards and guidelines.

Article 4 Register of speciﬁc exemptions 1.

A Register is hereby established for the purpose of identifying the Parties that have speciﬁc exemptions listed in Annex A or Annex B.
It shall not identify Parties that make use of the provisions in Annex A or Annex B that may be exercised by all Parties.

The Register shall be maintained by the Secretariat and shall be available to the public.

The Register shall include: (a) A list of the types of speciﬁc exemptions reproduced from Annex A and Annex B; (b) A list of the Parties that have a speciﬁc exemption listed (c) under Annex A or Annex B; and A list of the expiry dates for each registered speciﬁc exemption.

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Schedule 1AA—continued Any State may, on becoming a Party, by means of a notiﬁcation in writing to the Secretariat, register for one or more types of speciﬁc exemptions listed in Annex A or Annex B.
Unless an earlier date is indicated in the Register by a Party, or an extension is granted pursuant to paragraph 7, all regis­ trations of speciﬁc exemptions shall expire ﬁve years after the date of entry into force of this Convention with respect to a particular chemical.

At its ﬁrst meeting, the Conference of the Parties shall decide upon its review process for the entries in the Register.
Prior to a review of an entry in the Register, the Party con­ cerned shall submit a report to the Secretariat justifying its continuing need for registration of that exemption.

The re­ port shall be circulated by the Secretariat to all Parties.

The review of a registration shall be carried out on the basis of all available information.

Thereupon, the Conference of the Par­ ties may make such recommendations to the Party concerned as it deems appropriate.
The Conference of the Parties may, upon request from the Party concerned, decide to extend the expiry date of a spe­ ciﬁc exemption for a period of up to ﬁve years.

In making its decision, the Conference of the Parties shall take due account of the special circumstances of the developing country Parties and Parties with economies in transition.

A Party may, at any time, withdraw an entry from the Register for a speciﬁc exemption upon written notiﬁcation to the Sec­ retariat.
The withdrawal shall take effect on the date speciﬁed in the notiﬁcation.

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When there are no longer any Parties registered for a particular type of speciﬁc exemption, no new registrations may be made with respect to it.
Article 5 Measures to reduce or eliminate releases from unintentional production Each Party shall at a minimum take the following measures to reduce the total releases derived from anthropogenic sources of each of the chemicals listed in Annex C, with the goal of 15 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued their continuing minimization and, where feasible, ultimate elimination: (a) Develop an action plan or, where appropriate, a regional or subregional action plan within two years of the date of entry into force of this Convention for it, and subse­ quently implement it as part of its implementation plan speciﬁed in Article 7, designed to identify, characterize and address the release of the chemicals listed in Annex C and to facilitate implementation of subparagraphs (b) to (e).
The action plan shall include the following elem­ ents: (i) An evaluation of current and projected releases, including the development and maintenance of source inventories and release estimates, taking into consideration the source categories identi­ ﬁed in Annex C; (ii) An evaluation of the efﬁcacy of the laws and poli­ cies of the Party relating to the management of such releases; (iv) (iii) Strategies to meet the obligations of this para­ graph, taking into account the evaluations in (i) and (ii); Steps to promote education and training with re­ gard to, and awareness of, those strategies; (v) A review every ﬁve years of those strategies and of their success in meeting the obligations of this paragraph; such reviews shall be included in re­ ports submitted pursuant to Article 15; (vi) A schedule for implementation of the action plan, including for the strategies and measures identi­ ﬁed therein; Promote the application of available, feasible and prac­ tical measures that can expeditiously achieve a realis­ tic and meaningful level of release reduction or source elimination; Promote the development and, where it deems appropri­ ate, require the use of substitute or modiﬁed materials, (b) (c) 16 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued (d) (e) products and processes to prevent the formation and re­ lease of the chemicals listed in Annex C, taking into consideration the general guidance on prevention and release reduction
 measures in Annex C and guidelines to be adopted by decision of the Conference of the Par­ ties; Promote and, in accordance with the implementation schedule of its action plan, require the use of best avail­ able techniques for new sources within source categor­ ies which a Party has identiﬁed as warranting such ac­ tion in its action plan, with a particular initial focus on source categories identiﬁed in Part II of Annex C. In any case, the requirement to use best available tech­ niques for new sources in the categories listed in Part II of that Annex shall be phased in as soon as practicable but no later than four years after the entry into force of the Convention for that Party.
For the identiﬁed categor­ ies, Parties shall promote the use of best environmental practices.
When applying best available techniques and best environmental practices, Parties should take into consideration the general guidance on prevention and release reduction measures in that Annex and guide­ lines on best available techniques and best environmen­ tal practices to be adopted by decision of the Conference of the Parties; Promote, in accordance with its action plan, the use of best available techniques and best environmental prac­ tices: (i) For existing sources, within the source categories listed in Part II of Annex C and within source categories such as those in Part III of that Annex; and For new sources, within source categories such as those listed in Part III of Annex C which a Party has not addressed under subparagraph (d).
When applying best available techniques and best environmental practices, Parties should take into (ii) 17 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued (f) consideration the general guidance on prevention and release reduction measures in Annex C and guidelines on best available techniques and best environmental practices to be adopted by decision of the Conference of the Parties; For the purposes of this paragraph and Annex C: (i) Best available techniques means the most ef­ fective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for release limitations designed to prevent and, where that is not practicable, generally to reduce releases of chemicals listed in Part I of Annex C and their impact on the environment as a whole.
In this regard: Techniques includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned; (iii) Available techniques means those techniques that are accessible to the operator and that are developed on a scale that allows implementation in the relevant industrial sector, under econom­ ically and technically viable conditions, taking into consideration the costs and advantages; and (iv) Best means most effective in achieving a high general level of protection of the environment as a whole; Best environmental practices means the appli­ cation of the most appropriate combination of en­ vironmental control measures and strategies; (ii) (v) (vi) New source means any source of which the construction or substantial modiﬁcation is com­ menced at least one year after the date of: a.
Entry into force of this Convention for the Party concerned; or Entry into force for the Party concerned of an amendment to Annex C where the b.

18 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued source becomes subject to the provisions of this Convention only by virtue of that amendment.
(g) Release limit values or performance standards may be used by a Party to fulﬁll its commitments for best avail­ able techniques under this paragraph.
Article 6 Measures to reduce or eliminate releases from 1. stockpiles and wastes In order to ensure that stockpiles consisting of or containing chemicals listed either in Annex A or Annex B and wastes, including products and articles upon becoming wastes, con­ sisting of, containing or contaminated with a chemical listed in Annex A, B or C, are managed in a manner protective of human health and the environment, each Party shall: Develop appropriate strategies for identifying: (a) (i) Stockpiles consisting of or containing chemicals listed either in Annex A or Annex B; and Products and articles in use and wastes consisting of, containing or contaminated with a chemical listed in Annex A, B or C; (ii) (b) Identify, to the extent practicable, stockpiles consisting of or containing chemicals listed either in Annex A or Annex B on the basis of the strategies referred to in subparagraph (a); (c) Manage stockpiles, as appropriate, in a safe, efﬁcient and environmentally sound manner.
Stockpiles of chemicals listed either in Annex A or Annex B, after they are no longer allowed to be used according to any speciﬁc exemption speciﬁed in Annex A or any speciﬁc exemption or acceptable purpose speciﬁed in Annex B, except stockpiles which are allowed to be exported according to paragraph 2 of Article 3, shall be deemed to be waste and shall be managed in accordance with subparagraph (d); Take appropriate measures so that such wastes, includ­ ing products and articles upon becoming wastes, are: (d) 19 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued (i) Handled, collected, transported and stored in an environmentally sound manner; (ii) Disposed of in such a way that the persistent organic pollutant content is destroyed or irre­ versibly transformed so that they do not exhibit the characteristics of persistent organic pollutants or otherwise disposed of in an environmentally sound manner when destruction or irreversible transformation does not represent the environ­ mentally preferable option or the persistent or­ ganic pollutant content is low, taking into account international rules, standards, and guidelines, in­ cluding those that may be developed pursuant to paragraph 2, and relevant global and regional regimes governing the management of hazardous wastes; (iii) Not permitted to be subjected to disposal oper­ ations that may lead to recovery, recycling, recla­ mation, direct reuse or alternative uses of persist­ ent organic pollutants; and (iv) Not transported across international boundaries without taking into account relevant international rules, standards and guidelines; Endeavour to develop appropriate strategies for identi­ fying sites contaminated by chemicals listed in Annex A, B or C; if remediation of those sites is undertaken it shall be performed in an environmentally sound man­ ner.
(e) The Conference of the Parties shall cooperate closely with the appropriate bodies of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal to, inter alia: (a) Establish levels of destruction and irreversible transfor­ mation necessary to ensure that the characteristics of persistent organic pollutants as speciﬁed in paragraph 1 of Annex D are not exhibited; 2.
20 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued (b) Determine what they consider to be the methods that constitute environmentally sound disposal referred to above; and (c) Work to establish, as appropriate, the concentration levels of the chemicals listed in Annexes A, B and C in order to deﬁne the low persistent organic pollutant content referred to in paragraph 1(d)(ii) .

Article 7 Implementation plans 1.


Each Party shall: (a) (c) (b) Develop and endeavour to implement a plan for the im­ plementation of its obligations under this Convention; Transmit its implementation plan to the Conference of the Parties within two years of the date on which this Convention enters into force for it; and Review and update, as appropriate, its implementation plan on a periodic basis and in a manner to be speciﬁed by a decision of the Conference of the Parties.
The Parties shall, where appropriate, cooperate directly or through global, regional and subregional organizations, and consult their national stakeholders, including women’s groups and groups involved in the health of children, in order to facilitate the development, implementation and updating of their implementation plans.
The Parties shall endeavour to utilize and, where necessary, establish the means to integrate national implementation plans for persistent organic pollutants in their sustainable develop­ ment strategies where appropriate.

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Article 8 Listing of chemicals in Annexes A, B and C 1.
A Party may submit a proposal to the Secretariat for listing a chemical in Annexes A, B and/or C. The proposal shall con­ tain the information speciﬁed in Annex D. In developing a pro­ posal, a Party may be assisted by other Parties and/or by the Secretariat.

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The Secretariat shall verify whether the proposal contains the information speciﬁed in Annex D. If the Secretariat is satis­ ﬁed that the proposal contains the information so speciﬁed, it shall forward the proposal to the Persistent Organic Pollutants Review Committee.

The Committee shall examine the proposal and apply the screening criteria speciﬁed in Annex D in a ﬂexible and transparent way, taking all information provided into account in an integrative and balanced manner.
If the Committee decides that: (a) It is satisﬁed that the screening criteria have been ful­ ﬁlled, it shall, through the Secretariat, make the pro­ posal and the evaluation of the Committee available to all Parties and observers and invite them to submit the information speciﬁed in Annex E; or It is not satisﬁed that the screening criteria have been fulﬁlled, it shall, through the Secretariat, inform all Par­ ties and observers and make the proposal and the evalu­ ation of the Committee available to all Parties and the proposal shall be set aside.
(b) Any Party may resubmit a proposal to the Committee that has been set aside by the Committee pursuant to paragraph 4.

The resubmission may include any concerns of the Party as well as a justiﬁcation for additional consideration by the Commit­ tee.

If, following this procedure, the Committee again sets the proposal aside, the Party may challenge the decision of the Committee and the Conference of the Parties shall consider the matter at its next session.
The Conference of the Parties may decide, based on the screening criteria in Annex D and taking into account the evaluation of the Committee and any additional information provided by any Party or observer, that the proposal should proceed.

6.
6.

Where the Committee has decided that the screening criteria have been fulﬁlled, or the Conference of the Parties has de­ cided that the proposal should proceed, the Committee shall further review the proposal, taking into account any relevant additional information received, and shall prepare a draft risk 22 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued 7.
8. proﬁle in accordance with Annex E. It shall, through the Sec­ retariat, make that draft available to all Parties and observers, collect technical comments from them and, taking those com­ ments into account, complete the risk proﬁle.
If, on the basis of the risk proﬁle conducted in accordance with Annex E, the Committee decides: (a) That the chemical is likely as a result of its long­range environmental transport to lead to signiﬁcant adverse human health and/or environmental effects such that global action is warranted, the proposal shall proceed.

Lack of full scientiﬁc certainty shall not prevent the pro­ posal from proceeding.
The Committee shall, through the Secretariat, invite information from all Parties and observers relating to the considerations speciﬁed in An­ nex F. It shall then prepare a risk management evalu­ ation that includes an analysis of possible control meas­ ures for the chemical in accordance with that Annex; or That the proposal should not proceed, it shall, through the Secretariat, make the risk proﬁle available to all Par­ ties and observers and set the proposal aside.
(b) For any proposal set aside pursuant to paragraph 7 (b), a Party may request the Conference of the Parties to consider instruct­ ing the Committee to invite additional information from the proposing Party and other Parties during a period not to ex­ ceed one year.

After that period and on the basis of any infor­ mation received, the Committee shall reconsider the proposal pursuant to paragraph 6 with a priority to be decided by the Conference of the Parties.
If, following this procedure, the Committee again sets the proposal aside, the Party may chal­ lenge the decision of the Committee and the Conference of the Parties shall consider the matter at its next session.

The Con­ ference of the Parties may decide, based on the risk proﬁle pre­ pared in accordance with Annex E and taking into account the evaluation of the Committee and any additional information provided by any Party or observer, that the proposal should proceed.
If the Conference of the Parties decides that the pro­ 23 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued 9. posal shall proceed, the Committee shall then prepare the risk management evaluation.
The Committee shall, based on the risk proﬁle referred to in paragraph 6 and the risk management evaluation referred to in paragraph 7(a) or paragraph 8, recommend whether the chem­ ical should be considered by the Conference of the Parties for listing in Annexes A, B and/or C. The Conference of the Par­ ties, taking due account of the recommendations of the Com­ mittee, including any scientiﬁc uncertainty, shall decide, in a precautionary manner, whether to list the chemical, and spe­ cify its related control measures, in Annexes A, B and/or C. Article 9 Information exchange 1.
Each Party shall facilitate or undertake the exchange of infor­ mation relevant to: (a) The reduction or elimination of the production, use and release of persistent organic pollutants; and 2.

3.

4.

5.

(b) Alternatives to persistent organic pollutants, including information relating to their risks as well as to their eco­ nomic and social costs.

The Parties shall exchange the information referred to in para­ graph 1 directly or through the Secretariat.
Each Party shall designate a national focal point for the ex­ change of such information.

The Secretariat shall serve as a clearing­house mechanism for information on persistent organic pollutants, including infor­ mation provided by Parties, intergovernmental organizations and nongovernmental organizations.

For the purposes of this Convention, information on 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 10 Public information, awareness and education 1.
Each Party shall, within its capabilities, promote and facilitate: 24 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued (a) (b) (c) (d) (e) (f) Awareness among its policy and decision makers with regard to persistent organic pollutants; Provision to the public of all available information on persistent organic pollutants, taking into account para­ graph 5 of Article 9; especially for Development and implementation, women, children and the least educated, of educational and public awareness programmes on persistent organic pollutants, as well as on their health and environmental effects and on their alternatives; Public participation in addressing persistent organic pollutants and their health and environmental effects and in developing adequate responses, including op­ portunities for providing input at the national level regarding implementation of this Convention; Training of workers, scientists, educators and technical and managerial personnel; Development and exchange of educational and public awareness materials at the national and international levels; and (g) Development and implementation of education and training programmes at the national and international levels.
Each Party shall, within its capabilities, ensure that the public has access to the public information referred to in paragraph 1 and that the information is kept up­to­date.

Each Party shall, within its capabilities, encourage industry and professional users to promote and facilitate the provision of the information referred to in paragraph 1 at the national level and, as appropriate, subregional, regional and global levels.
In providing information on persistent organic pollutants and their alternatives, Parties may use safety data sheets, reports, mass media and other means of communication, and may es­ tablish information centres at national and regional levels.

Each Party shall give sympathetic consideration to developing mechanisms, such as pollutant release and transfer registers, 25 2.

3.

4.

5.
3.

4.

5.

Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued for the collection and dissemination of information on esti­ mates of the annual quantities of the chemicals listed in Annex A, B or C that are released or disposed of.
Article 11 Research, development and monitoring .1 The Parties shall, within their capabilities, at the national and international levels, encourage and/or undertake appropriate research, development, monitoring and cooperation pertaining to persistent organic pollutants and, where relevant, to their alternatives and to candidate persistent organic pollutants, in­ cluding on their: (a) (b) Sources and releases into the environment; Presence, levels and trends in humans and the environ­ ment; Environmental transport, fate and transformation; Effects on human health and the environment; Socio­economic and cultural impacts; Release reduction and/or elimination; and (c) (d) (e) (f) (g) Harmonized methodologies for making inventories of generating sources and analytical techniques for the measurement of releases.
In undertaking action under paragraph 1, the Parties shall, within their capabilities: (a) inter­ Support and further develop, as appropriate, national programmes, networks and organizations aimed at deﬁning, conducting, assessing and ﬁnancing research, data collection and monitoring, taking into account the need to minimize duplication of effort; Support national and international efforts to strengthen national scientiﬁc and technical research capabilities, particularly in developing countries and countries with economies in transition, and to promote access to, and the exchange of, data and analyses; Take into account the concerns and needs, particularly in the ﬁeld of ﬁnancial and technical resources, of devel­ oping countries and countries with economies in transi­ tion and cooperate in improving their capability to par­ (b) (c) 2.
26 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued ticipate in the efforts referred to in subparagraphs (a) and (b); (d) Undertake research work geared towards alleviating the effects of persistent organic pollutants on reproductive health; (e) Make the results of their research, development and monitoring activities referred to in this paragraph ac­ cessible to the public on a timely and regular basis; and Encourage and/or undertake cooperation with regard to storage and maintenance of information generated from research, development and monitoring.
(f) Article 12 Technical assistance 1.

2.

3.

4.

The Parties recognize that rendering of timely and appropriate technical assistance in response to requests from developing country Parties and Parties with economies in transition is es­ sential to the successful implementation of this Convention.
The Parties shall cooperate to provide timely and appropriate technical assistance to developing country Parties and Parties with economies in transition, to assist them, taking into ac­ count their particular needs, to develop and strengthen their capacity to implement their obligations under this Convention.
In this regard, technical assistance to be provided by developed country Parties, and other Parties in accordance with their cap­ abilities, shall include, as appropriate and as mutually agreed, technical assistance for capacity­building relating to imple­ mentation of the obligations under this Convention.

Further guidance in this regard shall be provided by the Conference of the Parties.
The Parties shall establish, as appropriate, arrangements for the purpose of providing technical assistance and promoting the transfer of technology to developing country Parties and Parties with economies in transition relating to the implemen­ tation of this Convention.
These arrangements shall include regional and subregional centres for capacity­building and transfer of technology to assist developing country Parties and Parties with economies in transition to fulﬁl their obligations 27 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued 5. under this Convention.

Further guidance in this regard shall be provided by the Conference of the Parties.
The Parties shall, in the context of this Article, take full ac­ count of the speciﬁc needs and special situation of least de­ veloped countries and small island developing states in their actions with regard to technical assistance.

Article 13 Financial resources and mechanisms 1.


Each Party undertakes to provide, within its capabilities, ﬁ­ nancial support and incentives in respect of those national ac­ tivities that are intended to achieve the objective of this Con­ vention in accordance with its national plans, priorities and programmes.
The developed country Parties shall provide new and addi­ tional ﬁnancial resources to enable developing country Parties and Parties with economies in transition to meet the agreed full incremental costs of implementing measures which fulﬁll their obligations under this Convention as agreed between a recipient Party and an entity participating in the mechanism described in paragraph 6.

Other Parties may also on a vol­ untary basis and in accordance with their capabilities provide such ﬁnancial resources.
Contributions from other sources should also be encouraged.

The implementation of these com­ mitments shall take into account the need for adequacy, pre­ dictability, the timely ﬂow of funds and the importance of bur­ den sharing among the contributing Parties.
Developed country Parties, and other Parties in accordance with their capabilities and in accordance with their national plans, priorities and programmes, may also provide and devel­ oping country Parties and Parties with economies in transition avail themselves of ﬁnancial resources to assist in their imple­ mentation of this Convention through other bilateral, regional and multilateral sources or channels.
The extent to which the developing country Parties will ef­ fectively implement their commitments under this Conven­ tion will depend on the effective implementation by developed country Parties of their commitments under this Convention 2.

3.

4.

28 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued 5.

6.

7. relating to ﬁnancial resources, technical assistance and tech­ nology transfer.
The fact that sustainable economic and social development and eradication of poverty are the ﬁrst and over­ riding priorities of the developing country Parties will be taken fully into account, giving due consideration to the need for the protection of human health and the environment.

The Parties shall take full account of the speciﬁc needs and special situation of the least developed countries and the small island developing states in their actions with regard to funding.
A mechanism for the provision of adequate and sustainable ﬁnancial resources to developing country Parties and Parties with economies in transition on a grant or concessional basis to assist in their implementation of the Convention is hereby deﬁned.

The mechanism shall function under the authority, as appropriate, and guidance of, and be accountable to the Con­ ference of the Parties for the purposes of this Convention.
Its operation shall be entrusted to one or more entities, including existing international entities, as may be decided upon by the Conference of the Parties.

The mechanism may also include other entities providing multilateral, regional and bilateral ﬁ­ nancial and technical assistance.

Contributions to the mech­ anism shall be additional to other ﬁnancial transfers to devel­ oping country Parties and Parties with economies in transition as reﬂected in, and in accordance with, paragraph 2.
Pursuant to the objectives of this Convention and paragraph 6, the Conference of the Parties shall at its ﬁrst meeting adopt appropriate guidance to be provided to the mechanism and shall agree with the entity or entities participating in the ﬁ­ nancial mechanism upon arrangements to give effect thereto.
The guidance shall address, inter alia: (a) The determination of the policy, strategy and pro­ gramme priorities, as well as clear and detailed criteria and guidelines regarding eligibility for access to and utilization of ﬁnancial resources including monitoring and evaluation on a regular basis of such utilization; The provision by the entity or entities of regular reports to the Conference of the Parties on adequacy and sus­ (b) 29 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued (c) (d) (e) tainability of funding for activities relevant to the im­ plementation of this Convention; The promotion of multiple­source funding approaches, mechanisms and arrangements; The modalities for the determination in a predictable and identiﬁable manner of the amount of funding neces­ sary and available for the implementation of this Con­ vention, keeping in mind that the phasing out of per­ sistent organic pollutants might require sustained fund­ ing, and the conditions under which that amount shall be periodically reviewed; and The modalities for the provision to interested Parties of assistance with needs assessment, information on avail­ able sources of funds and on funding patterns in order to facilitate coordination among them.
The Conference of the Parties shall review, not later than its second meeting and thereafter on a regular basis, the effect­ iveness of the mechanism established under this Article, its ability to address the changing needs of the developing coun­ try Parties and Parties with economies in transition, the criteria and guidance referred to in paragraph 7, the level of funding as well as the effectiveness of the performance of the institu­ tional entities entrusted to operate the ﬁnancial mechanism.
It shall, based on such review, take appropriate action, if neces­ sary, to improve the effectiveness of the mechanism, including by means of recommendations and guidance on measures to ensure adequate and sustainable funding to meet the needs of the Parties.

8.
Article 14 Interim ﬁnancial arrangements The institutional structure of the Global Environment Facility, operated in accordance with the Instrument for the Establish­ ment of the Restructured Global Environment Facility, shall, on an interim basis, be the principal entity entrusted with the operations of the ﬁnancial mechanism referred to in Article 13, for the period between the date of entry into force of this Convention and the ﬁrst meeting of the Conference of the Par­ 30 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued ties, or until such time as the Conference of the Parties decides which institutional structure will be designated in accordance with Article 13.
The institutional structure of the Global Envir­ onment Facility should fulﬁll this function through operational measures related speciﬁcally to persistent organic pollutants taking into account that new arrangements for this area may be needed.

Article 15 Reporting 1.

2.

2.

Each Party shall report to the Conference of the Parties on the measures it has taken to implement the provisions of this Con­ vention and on the effectiveness of such measures in meeting the objectives of the Convention.
Each Party shall provide to the Secretariat: (a) Statistical data on its total quantities of production, im­ port and export of each of the chemicals listed in Annex A and Annex B or a reasonable estimate of such data; and To the extent practicable, a list of the States from which it has imported each such substance and the States to which it has exported each such substance.

(b) 3.
(b) 3.

Such reporting shall be at periodic intervals and in a format to be decided by the Conference of the Parties at its ﬁrst meeting.

Article 16 Effectiveness evaluation.

1.

Commencing four years after the date of entry into force of this Convention, and periodically thereafter at intervals to be decided by the Conference of the Parties, the Conference shall evaluate the effectiveness of this Convention.
In order to facilitate such evaluation, the Conference of the Parties shall, at its ﬁrst meeting, initiate the establishment of arrangements to provide itself with comparable monitoring data on the presence of the chemicals listed in Annexes A, B and C as well as their regional and global environmental trans­ port.
These arrangements: 31 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued (a) Should be implemented by the Parties on a regional basis when appropriate, in accordance with their tech­ nical and ﬁnancial capabilities, using existing monitor­ ing programmes and mechanisms to the extent possible and promoting harmonization of approaches; (c) (b) May be supplemented where necessary, taking into ac­ count the differences between regions and their capabil­ ities to implement monitoring activities; and Shall include reports to the Conference of the Parties on the results of the monitoring activities on a regional and global basis at intervals to be speciﬁed by the Confer­ ence of the Parties.
The evaluation described in paragraph 1 shall be conducted on the basis of available scientiﬁc, environmental, technical and economic information, including: (a) Reports and other monitoring information provided pur­ suant to paragraph 2; (b) National reports submitted pursuant to Article 15; and Non­compliance information provided pursuant to the (c) procedures established under Article 17.

3.
3.

Article 17 Non­compliance The Conference of the Parties shall, as soon as practicable, develop and approve procedures and institutional mechanisms for determining non­compliance with the provisions of this Convention and for the treatment of Parties found to be in non­ compliance.

Article 18 Settlement of disputes 1.

Parties shall settle any dispute between them concerning the interpretation or application of this Convention through nego­ tiation or other peaceful means of their own choice.

2.
When ratifying, accepting, approving or acceding to the Con­ vention, 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 respect to any dispute concerning the interpretation or application of the 32 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued 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 procedures to be adopted by the Conference of the Parties in an annex as soon as practicable; Submission of the dispute to the International Court of Justice.
(b) 3.

4.

5.

6.

A Party that is a regional economic integration organization may make a declaration with like effect in relation to arbitra­ tion in accordance with the procedure referred to in paragraph 2 (a).

A declaration made pursuant to paragraph 2 or paragraph 3 shall remain in force until it expires in accordance with its terms or until three months after written notice of its revoca­ tion has been deposited with the depositary.
The expiry of a declaration, a notice of revocation or a new declaration shall not in any way affect proceedings pending before an arbitral tribunal or the International Court of Justice unless the parties to the dispute otherwise agree.
If the parties to a dispute have not accepted the same or any procedure pursuant to paragraph 2, and if they have not been able to settle their dispute within twelve months following no­ tiﬁcation by one party to another that a dispute exists between them, the dispute shall be submitted to a conciliation commis­ sion at the request of any party to the dispute.

The concili­ ation commission shall render a report with recommendations.
Additional procedures relating to the conciliation commission shall be included in an annex to be adopted by the Conference of the Parties no later than at its second meeting.

Article 19 Conference of the Parties 1.

2.

A Conference of the Parties is hereby established.

The ﬁrst meeting of the Conference of the Parties shall be con­ vened by the Executive Director of the United Nations Envir­ onment Programme no later than one year after the entry into force of this Convention.
Thereafter, ordinary meetings of the 33 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued Conference of the Parties shall be held at regular intervals to be decided by the Conference.

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 it is supported by at least one third of the Parties.
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 subsidiary bodies, as well as ﬁnancial provisions governing the functioning of the Secretariat.

The Conference of the Parties shall keep under continuous re­ view and evaluation the implementation of this Convention.
It shall perform the functions assigned to it by the Convention and, to this end, shall: (a) Establish, further to the requirements of paragraph 6, such subsidiary bodies as it considers necessary for the implementation of the Convention; Cooperate, where appropriate, with competent inter­ national organizations and intergovernmental and non­ governmental bodies; and Regularly review all information made available to the Parties pursuant to Article 15, including consideration of the effectiveness of paragraph 2 (b) (iii) of Article 3; Consider and undertake any additional action that may be required for the achievement of the objectives of the Convention.
(b) (c) (d) The Conference of the Parties shall, at its ﬁrst meeting, es­ tablish a subsidiary body to be called the Persistent Organic Pollutants Review Committee for the purposes of performing the functions assigned to that Committee by this Convention.

In this regard: (a) The members of the Persistent Organic Pollutants Re­ view Committee shall be appointed by the Conference of the Parties.
Membership of the Committee shall con­ sist of government­designated experts in chemical as­ sessment or management.

The members of the Com­ 3.

4.

5.

6.


34 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued (b) (c) mittee shall be appointed on the basis of equitable geo­ graphical distribution; The Conference of the Parties shall decide on the terms of reference, organization and operation of the Commit­ tee; and The Committee shall make every effort to adopt its rec­ ommendations by consensus.
If all efforts at consensus have been exhausted, and no consensus reached, such recommendation shall as a last resort be adopted by a two­thirds majority vote of the members present and voting.

The Conference of the Parties shall, at its third meeting, eval­ uate the continued need for the procedure contained in para­ graph 2 (b) of Article 3, including consideration of its effect­ iveness.
The United Nations, its specialized agencies and the Inter­ national Atomic Energy Agency, as well as any State not Party to this Convention, may be represented at meetings of the Con­ ference of the.

Parties as observers.


Any body or agency, whether national or international, governmental or non­gov­ ernmental, qualiﬁed in matters covered by the Convention, and which has informed the Secretariat of its wish to be repre­ sented at a meeting of the Conference of the Parties as an ob­ server 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 Con­ ference of the Parties.

7.

8.
7.

8.

Article 20 Secretariat 1.

2.

A Secretariat is hereby established.
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; To facilitate assistance to the Parties, particularly de­ veloping country Parties and Parties with economies (b) 35 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued (c) (d) (e) (f) in transition, on request, in the implementation of this Convention; To ensure the necessary coordination with the secretari­ ats of other relevant international bodies; To prepare and make available to the Parties periodic reports based on information received pursuant to Art­ icle 15 and other available information; 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 dis­ charge of its functions; and To perform the other secretariat functions speciﬁed in this Convention and such other functions as may be de­ termined by the Conference of the Parties.
3.

The secretariat functions for this Convention shall be per­ formed by the Executive Director of the United Nations Environment Programme, unless the Conference of the Par­ ties decides, by a threefourths majority of the Parties present and voting, to entrust the secretariat functions to one or more other international organizations.

Article 21 Amendments to the Convention 1.

Amendments to this Convention may be proposed by any Party.
Amendments to this Convention shall be adopted at a meet­ ing of the Conference of the Parties.

The text of any proposed amendment shall be communicated to the Parties by the Sec­ retariat at least six months before the meeting at which it is proposed for adoption.

The Secretariat shall also communi­ cate proposed amendments to the signatories to this Conven­ tion and, for information, to the depositary.
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 three­fourths majority vote of the Parties present and voting.

2.

3.

36 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued 4.

5.
5.

The amendment shall be communicated by the depositary to all Parties for ratiﬁcation, acceptance or approval.

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 accepted it on the ninetieth day after the date of deposit of instruments of ratiﬁcation, acceptance or approval by at least threefourths of the Parties.
Thereafter, the amend­ ment 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 22 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.
Any additional annexes shall be restricted to procedural, sci­ entiﬁc, technical or administrative matters.
The following procedure shall apply to the proposal, adoption and entry into force of additional annexes to this Convention: Additional annexes shall be proposed and adopted ac­ (a) cording to the procedure laid down in paragraphs 1, 2 and 3 of Article 21; (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 the additional annex.
The depositary shall without delay notify all Parties of any such notiﬁcation received.

A Party may at any time withdraw a previous notiﬁcation of non­acceptance in respect of any addi­ tional annex, and the annex shall thereupon enter into force for that Party subject to subparagraph (c); and On the expiry of one year from the date of the communi­ cation by the depositary of the adoption of an additional annex, the annex shall enter into force for all Parties that (c) 37 2.

3.
3.

Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued have not submitted a notiﬁcation in accordance with the provisions of subparagraph (b).

4.

5.

6.
The proposal, adoption and entry into force of amendments to Annex A, B or C shall be subject to the same procedures as for the proposal, adoption and entry into force of additional annexes to this Convention, except that an amendment to An­ nex A, B or C shall not enter into force with respect to any Party that has made a declaration with respect to amendment to those Annexes in accordance with paragraph 4 of Article 25, in which case any such amendment shall enter into force for such a Party on the ninetieth day after the date of deposit with the depositary of its instrument of ratiﬁcation, acceptance, ap­ proval or accession with respect to such amendment.
The following procedure shall apply to the proposal, adoption and entry into force of an amendment to Annex D, E or F: (a) Amendments shall be proposed according to the pro­ cedure in paragraphs 1 and 2 of Article 21; The Parties shall take decisions on an amendment to Annex D, E or F by consensus; and A decision to amend Annex D, E or F shall forthwith be communicated to the Parties by the depositary.

The amendment shall enter into force for all Parties on a date to be speciﬁed in the decision.
(b) (c) 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 23 Right to vote 1.

Each Party to this Convention shall have one vote, except as provided for in paragraph 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.

2.
2.

38 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued Article 24 Signature This Convention shall be open for signature at Stockholm by all States and regional economic integration organizations on 23 May 2001, and at the United Nations Headquarters in New York from 24 May 2001 to 22 May 2002.

Article 25 Ratiﬁcation, acceptance, approval or accession 1.
This Convention shall be subject to ratiﬁcation, acceptance or approval by States and by regional economic integration It shall be open for accession by States and organizations.

by regional economic integration 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.
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 organ­ ization 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 mem­ ber States shall not be entitled to exercise rights under the Con­ vention concurrently.

In its instrument of ratiﬁcation, acceptance, approval or ac­ cession, a regional economic integration organization shall de­ clare the extent of its competence in respect of the matters gov­ erned by this Convention.

Any such organization shall also inform the depositary, who shall in turn inform the Parties, of any relevant modiﬁcation in the extent of its competence.
In its instrument of ratiﬁcation, acceptance, approval or acces­ sion, any Party may declare that, with respect to it, any amend­ ment to Annex A, B or C shall enter into force only upon the deposit of its instrument of ratiﬁcation, acceptance, approval or accession with respect thereto.

2.

3.

4.

39 2.

3.

2.

Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued Article 26 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.
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 ratiﬁca­ tion, 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.
For the purpose of paragraphs 1 and 2, any instrument de­ posited by a regional economic integration organization shall not be counted as additional to those deposited by member States of that organization.

Article 27 Reservations No reservations may be made to this Convention.

Article 28 Withdrawal 1.

At any time after three years from the date on which this Con­ vention has entered into force for a Party, that Party may with­ draw from the Convention by giving written notiﬁcation to the depositary.
Any such withdrawal shall take effect upon the expiry of one year from the date of receipt by the depositary of the notiﬁca­ tion of withdrawal, or on such later date as may be speciﬁed in the notiﬁcation of withdrawal.

Article 29 Depositary The Secretary­General of the United Nations shall be the de­ positary of this Convention.
Article 30 Authentic texts The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authen­ 40 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued tic, shall be deposited with the Secretary­General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.
Done at Stockholm on this twenty­second day of May, two thousand and one.
Annex A ELIMINATION 1 Chemical Activity Speciﬁc exemption Aldrin* CAS No: 309­00­2 Chlordane* CAS No: 57­74­9 Production None Use Local ectoparasiticide Insecticide Production As allowed for the Parties listed in the Register Use Local ectoparasiticide Insecticide Termiticide Termiticide in buildings and dams Termiticide in roads Additive in plywood adhesives Dieldrin* CAS No: 60­57­1 Production None Use In agricultural operations Endrin* CAS No: 72­20­8 Production None Use None 41 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Heptachlor* CAS No: 76­44­8 Schedule 1AA—continued 1—continued Production None Use Termiticide Termiticide in structures of houses Termiticide (subterranean) Wood treatment In use in underground cable boxes Hexachloroben­ zene CAS No: 118­74­1 Mirex* CAS No: 2385­85­5 Production As allowed for the Parties listed in the Register Use Intermediate Solvent in pesticide Closed system site limited intermediate Production As allowed for the Parties listed in the Register Use Termiticide Toxaphene* CAS No: 8001­35­2 Polychlorinated Biphenyl, (PCB)* Production Use Production Use None None None Articles in use in accordance with the provisions of Part II of this Annex Notes: (i) Except as otherwise speciﬁed in this Convention, quantities of a chemical occurring as unintentional trace contaminants in products and articles shall not be considered to be listed in this Annex; 42 2003 No 37 Hazardous Substances and New Organisms (Stockholm
 Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued 1—continued (ii) This note shall not be considered as a production and use speciﬁc exemption for purposes of paragraph 2 of Article 3.
Quantities of a chemical occurring as constituents of articles manufactured or already in use before or on the date of entry into force of the relevant obligation with respect to that chem­ ical, shall not be considered as listed in this Annex, provided that a Party has notiﬁed the Secretariat that a particular type of article remains in use within that Party.
The Secretariat shall make such notiﬁcations publicly available; (iii) This note, which does not apply to a chemical that has an aster­ isk following its name in the Chemical column in Part I of this Annex, shall not be considered as a production and use speciﬁc exemption for purposes of paragraph 2 of Article 3.
Given that no signiﬁcant quantities of the chemical are expected to reach humans and the environment during the production and use of a closed­system sitelimited intermediate, a Party, upon notiﬁ­ cation to the Secretariat, may allow the production and use of quantities of a chemical listed in this Annex as a closed­sys­ tem site­limited intermediate that is chemically transformed in the manufacture of other chemicals that, taking into consider­ ation the criteria in paragraph 1 of Annex D, do not exhibit the characteristics of persistent organic pollutants.
This noti­ ﬁcation shall include information on total production and use of such chemical or a reasonable estimate of such information and information regarding the nature of the closed­system site­ limited process including the amount of any non­transformed and unintentional trace contamination of the persistent organic pollutant­starting material in the ﬁnal product.

This proced­ ure applies except as otherwise speciﬁed in this Annex.
The Secretariat shall make such notiﬁcations available to the Con­ ference of the Parties and to the public.

Such production or use shall not be considered a production or use speciﬁc ex­ emption.
Such production and use shall cease after a ten­year period, unless the Party concerned submits a new notiﬁcation to the Secretariat, in which case the period will be extended for an additional ten years unless the Conference of the Parties, af­ 43 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued 1—continued ter a review of the production and use decides otherwise.
The notiﬁcation procedure can be repeated; (iv) All the speciﬁc exemptions in this Annex may be exercised by Parties that have registered exemptions in respect of them in accordance with Article 4 with the exception of the use of polychlorinated biphenyls in articles in use in accordance with the provisions of Part II of this Annex, which may be exercised by all Parties.
II Polychlorinated biphenyls Each Party shall: (a) With regard to the elimination of the use of polychlorinated biphenyls in equipment (e.g.
transformers, capacitors or other receptacles containing liquid stocks) by 2025, subject to re­ view by the Conference of the Parties, take action in accord­ ance with the following priorities: (i) Make determined efforts to identify, label and remove from use equipment containing greater than 10 per cent polychlorinated biphenyls and volumes greater than 5 litres; (ii) Make determined efforts to identify, label and remove from use equipment containing greater than 0.05 per cent polychlorinated biphenyls and volumes greater than 5 litres; (iii) Endeavour to identify and remove from use equipment containing greater than 0.005 percent polychlorinated biphenyls and volumes greater than 0.05 litres; Consistent with the priorities in subparagraph (a), promote the following measures to reduce exposures and risk to control the use of polychlorinated biphenyls: (i) Use only in intact and non­leaking equipment and only in areas where the risk from environmental release can be minimised and quickly remedied; (ii) Not use in equipment in areas associated with the pro­ duction or processing of food or feed; (b) 44 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued II—continued (iii) When used in populated areas, including schools and hospitals, all reasonable measures to protect from elec­ trical failure which could result in a ﬁre, and regular inspection of equipment for leaks; (c) (d) Notwithstanding paragraph 2 of Article 3, ensure that equip­
 ment containing polychlorinated biphenyls, as described in subparagraph (a), shall not be exported or imported except for the purpose of environmentally sound waste management; Except for maintenance and servicing operations, not allow recovery for the purpose of reuse in other equipment of liquids with polychlorinated biphenyls content above 0.005 per cent; (e) Make determined efforts designed to lead to environmentally sound waste management of liquids containing polychlori­ nated biphenyls and equipment contaminated with polychlo­ rinated biphenyls having a polychlorinated biphenyls content above 0.005 per cent, in accordance with paragraph 1 of Article 6, as soon as possible but no later than 2028, subject to review by the Conference of the Parties; In lieu of note (ii) in of this Annex, endeavour to identify other articles containing more than 0.005 per cent polychlorinated biphenyls (e.g.
cable­sheaths, cured caulk and painted objects) and manage them in accordance with paragraph 1 of Article 6; Provide a report every ﬁve years on progress in eliminating polychlorinated biphenyls and submit it to the Conference of the Parties pursuant to Article 15; The reports described in subparagraph (g) shall, as appropri­ ate, be considered by the Conference of the Parties in its re­ views relating to polychlorinated biphenyls.
The Conference of the Parties shall review progress towards elimination of polychlorinated biphenyls at ﬁve year intervals or other period, as appropriate, taking into account such reports.
(h) (g) (f) 45 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued Annex B RESTRICTION I Chemical Activity Acceptable purpose or speciﬁc exemption DDT (1,1,1­trichloro­2,2­ bis(4­chlorophenyl)ethane) CAS No: 50­29­3 Production Acceptable purpose: Disease vector control use in accordance with Part II of this Annex Use Speciﬁc exemption: Intermediate in production of dicofol Intermediate Acceptable purpose: Disease vector control in accordance with Part II of this Annex Speciﬁc exemption: Production of dicofol Intermediate Notes: (i) (ii) Except as otherwise speciﬁed in this Convention, quantities of a chemical occurring as unintentional trace contaminants in products and articles shall not be considered to be listed in this Annex; This note shall not be considered as a production and use ac­ ceptable purpose or speciﬁc exemption for purposes of para­ graph 2 of Article 3.
Quantities of a chemical occurring as constituents of articles manufactured or already in use before or on the date of entry into force of the relevant obligation with respect to that chemical, shall not be considered as listed in this Annex, provided that a Party has notiﬁed the Secretariat that a particular type of article remains in use within that Party.
The Secretariat shall make such notiﬁcations publicly available; (iii) This note shall not be considered as a production and use speciﬁc exemption for purposes of paragraph 2 of Article 3.
Given that no signiﬁcant quantities of the chemical are ex­ pected to reach humans and the environment during the pro­ duction and use of a closed­system site­limited intermediate, a 46 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued I—continued Party, upon notiﬁcation to the Secretariat, may allow the pro­ duction and use of quantities of a chemical listed in this An­ nex as a closed­system site­limited intermediate that is chem­ ically transformed in the manufacture of other chemicals that, taking into consideration the criteria in paragraph 1 of Annex D, do not exhibit the characteristics of persistent organic pol­ lutants.
This notiﬁcation shall include information on total production and use of such chemical or a reasonable estimate of such information and information regarding the nature of the closed­system site­limited process including the amount of any non­transformed and unintentional trace contamination of the persistent organic pollutant­starting material in the ﬁnal product.

This procedure applies except as otherwise speciﬁed in this Annex.
The Secretariat shall make such notiﬁcations available to the Conference of the Parties and to the public.

Such production or use shall not be considered a production or use speciﬁc exemption.

Such production and use shall cease after a ten­year period, unless the Party concerned submits a new notiﬁcation to the Secretariat, in which case the period will be extended for an additional ten years unless the Con­ ference of the Parties, after a review of the production and use decides otherwise.
The notiﬁcation procedure can be repeated; (iv) All the speciﬁc exemptions in this Annex may be exercised by Parties that have registered in respect of them in accordance with Article 4.

II DDT (1,1,1­trichloro­2,2­bis(4­chlorophenyl)ethane) 1.

The production and use of DDT shall be eliminated ex­ cept for Parties that have notiﬁed the Secretariat of their intention to produce and/or use it.

A DDT Register is hereby established and shall be available to the public.
The Secretariat shall maintain the DDT Register.

47 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued II—continued Each Party that produces and/or uses DDT shall restrict such production and/or use for disease vector control in accordance with the World Health Organization recom­ mendations and guidelines on the use of DDT and when locally safe, effective and affordable alternatives are not available to the Party in question.
In the event that a Party not listed in the DDT Regis­ ter determines that it requires DDT for disease vector control, it shall notify the Secretariat as soon as pos­ sible in order to have its name added forthwith to the DDT Register.

It shall at the same time notify the World Health Organization.
Every three years, each Party that uses DDT shall pro­ vide to the Secretariat and the World Health Organiza­ tion information on the amount used, the conditions of such use and its relevance to that Party’s disease man­ agement strategy, in a format to be decided by the Con­ ference of the Parties in consultation with the World Health Organization.
With the goal of reducing and ultimately eliminating the use of DDT, the Conference of the Parties shall encour­ age: (a) Each Party using DDT to develop and implement an action plan as part of the implementation plan speciﬁed in Article 7.

That action plan shall in­ clude: (i) regulatory and other Development of mechanisms to ensure that DDT use is restricted to disease vector control; 2.

3.

4.

5.
3.

4.

5.

48 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 (b) Schedule 1AA—continued II—continued (ii) Implementation of suitable alternative products, methods and strategies, includ­ ing resistance management strategies to ensure the continuing effectiveness of these alternatives; (iii) Measures to strengthen health care and to reduce the incidence of the disease.
The Parties, within their capabilities, to promote research and development of safe alternative chemical and non­chemical products, methods and strategies for Parties using DDT, relevant to the conditions of those countries and with the goal of decreasing the human and economic burden of disease.

Factors to be promoted when considering alternatives or combinations of al­ ternatives shall include the human health risks and environmental implications of such alterna­ tives.
Viable alternatives to DDT shall pose less risk to human health and the environment, be suitable for disease control based on conditions in the Parties in question and be supported with monitoring data.

6.
Commencing at its ﬁrst meeting, and at least every three years thereafter, the Conference of the Parties shall, in consultation with the World Health Organization, eval­ uate the continued need for DDT for disease vector con­ trol on the basis of available scientiﬁc, technical, envir­ onmental and economic information, including: (a) The production and use of DDT and the condi­ tions set out in paragraph 2; The availability, suitability and implementation of the alternatives to DDT; and (b) 49 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued II—continued (c) Progress in strengthening the capacity of coun­ tries to transfer safely to reliance on such alter­ natives.
7.

A Party may, at any time, withdraw its name from the DDT Registry upon written notiﬁcation to the Secre­ tariat.

The withdrawal shall take effect on the date spe­ ciﬁed in the notiﬁcation.
Annex C UNINTENTIONAL PRODUCTION I Persistent organic pollutants subject to the requirements of Article 5 This Annex applies to the following persistent organic pollutants when formed and released unintentionally from anthropogenic sources: Chemical Polychlorinated dibenzo­p­dioxins and dibenzofurans (PCDD/PCDF) Hexachlorobenzene (HCB) (CAS No: 118­74­1) Polychlorinated biphenyls (PCB) II Source categories dibenzo­p­dioxins Polychlorinated hex­ achlorobenzene and polychlorinated biphenyls are unintentionally formed and released from thermal processes involving organic matter and chlorine as a result of incomplete combustion or chem­ ical reactions: The following industrial source categories have the dibenzofurans, and 50 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued II—continued potential for comparatively high formation and release of these chemicals to the environment: (a) Waste incinerators, including co­incinerators of municipal, (b) (c) (d) hazardous or medical waste or of sewage sludge; Cement kilns ﬁring hazardous waste; Production of pulp using elemental chlorine or chemicals gen­ erating elemental chlorine for bleaching; The following thermal processes in the metallurgical industry: (i) (ii) (iii) Secondary aluminium production; Secondary zinc production.
(iv) Secondary copper production; Sinter plants in the iron and steel industry; III Source categories and (c) (d) (e) (f) dibenzofurans, dibenzo­p­dioxins hex­ Polychlorinated achlorobenzene and polychlorinated biphenyls may also be unintentionally formed and released from the following source categories, including: (a) (b) Open burning of waste, including burning of landﬁll sites; Thermal processes in the metallurgical industry not mentioned in Part II; Residential combustion sources; Fossil fuel­ﬁred utility and industrial boilers; Firing installations for wood and other biomass fuels; Speciﬁc chemical production processes releasing unintention­ ally formed persistent organic pollutants, especially produc­ tion of chlorophenols and chloranil; Crematoria; (g) (h) Motor vehicles, particularly those burning leaded gasoline; (i) (j) Destruction of animal carcasses; Textile and leather dyeing (with chloranil) and ﬁnishing (with alkaline extraction); Shredder plants for the treatment of end of life vehicles; Smouldering of copper cables; (k) (l) (m) Waste oil reﬁneries.
51 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued IV Deﬁnitions (b) For the purposes of this Annex: (a) ‘Polychlorinated biphenyls’ means aromatic compounds formed in such a manner that the hydrogen atoms on the biphenyl molecule (two benzene rings bonded together by a single car­ boncarbon bond) may be replaced by up to ten chlorine atoms; and ‘Polychlorinated dibenzo­p­dioxins’ and ‘poly­ chlorinated dibenzofurans’ are tricyclic, aro­ matic compounds formed by two benzene rings connected by two oxygen atoms in polychlori­ nated dibenzo­p­dioxins and by one oxygen atom and one carbon­carbon bond in polychlorinated dibenzofurans and the hydrogen atoms of which may be replaced by up to eight chlorine atoms.
In this Annex, the toxicity of polychlorinated dibenzo­p­dioxins and dibenzofurans is expressed using the concept of toxic equivalency which meas­ ures the relative dioxin­like toxic activity of different congeners of polychlorinated dibenzo­p­dioxins and dibenzofurans and coplanar polychlorinated biphenyls in comparison to 2,3,7,8­tetrachlorodibenzo­p­dioxin.
The toxic equivalent factor values to be used for the purposes of this Convention shall be consistent with accepted international standards, commencing with the World Health Organization 1998 mammalian toxic equivalent factor values for polychlorinated dibenzo­p­dioxins and dibenzofurans and coplanar polychlorinated biphenyls.

Concentrations are ex­ pressed in toxic equivalents.

1.

2.
1.

2.

52 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued V General guidance on best available techniques and best environmental practices This Part provides general guidance to Parties on preventing or re­ ducing releases of the chemicals listed in Part I.
(d) A—General prevention measures relating to both best available techniques and best environmental practices Priority should be given to the consideration of approaches to prevent the formation and release of the chemicals listed in Part I.
Useful measures could include: (a) (b) (c) The use of low­waste technology; The use of less hazardous substances; The promotion of the recovery and recycling of waste and of substances generated and used in a process; Replacement of feed materials which are persistent organic pollutants or where there is a direct link between the materials and releases of persistent organic pollutants from the source; Good housekeeping and preventive maintenance programmes; Improvements in waste management with the aim of the ces­ sation of open and other uncontrolled burning of wastes, in­ cluding the burning of landﬁll sites.
When considering pro­ posals to construct new waste disposal facilities, consideration should be given to alternatives such as activities to minimize the generation of municipal and medical waste, including re­ source recovery, reuse, recycling, waste separation and pro­ moting products that generate less waste.
Under this approach, public health concerns should be carefully considered; (g) Minimization of these chemicals as contaminants in products; (h) Avoiding elemental chlorine or chemicals generating elemen­ (e) (f) tal chlorine for bleaching.
B.—Best available techniques The concept of best available techniques is not aimed at the prescrip­ tion of any speciﬁc technique or technology, but at taking into ac­ 53 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued V—continued B.—continued count the technical characteristics of the installation concerned, its geographical location and the local environmental conditions.
Ap­ propriate control techniques to reduce releases of the chemicals listed in Part I are in general the same.
In determining best available tech­ niques, special consideration should be given, generally or in speciﬁc cases, to the following factors, bearing in mind the likely costs and beneﬁts of a measure and consideration of precaution and prevention: (a) General considerations: (i) The nature, effects and mass of the releases concerned: techniques may vary depending on source size; The commissioning dates for new or existing installa­ tions; (ii) (iii) The time needed to introduce the best available tech­ nique; (iv) The consumption and nature of raw materials used in (v) the process and its energy efﬁciency; The need to prevent or reduce to a minimum the overall impact of the releases to the environment and the risks to it; (vi) The need to prevent accidents and to minimize their consequences for the environment; (vii) The need to ensure occupational health and safety at workplaces; (viii) Comparable processes, facilities or methods of oper­ ation which have been tried with success on an indus­ trial scale; (ix) Technological advances and changes in scientiﬁc know­ ledge and understanding.
(b) General release reduction measures: When considering pro­ posals to construct new facilities or signiﬁcantly modify exist­ ing facilities using processes that release chemicals listed in this Annex, priority consideration should be given to alterna­ tive processes, techniques or practices that have similar useful­ ness but which avoid the formation and release of such chem­ icals.
In cases where such facilities will be constructed or sig­ niﬁcantly modiﬁed, in addition to the prevention measures out­ 54 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued V—continued B.—continued lined in section A of Part V the following reduction measures could also be considered in determining best available tech­ niques: (i) Use of improved methods for ﬂue­gas cleaning such as thermal or catalytic oxidation, dust precipitation, or adsorption; Treatment of residuals, wastewater, wastes and sewage sludge by, for example, thermal treatment or rendering them inert or chemical processes that detoxify them; (ii) (iii) Process changes that lead to the reduction or elimination of releses, such as moving to closed systems; (iv) Modiﬁcation of process designs to improve combustion and prevent formation of the chemicals listed in this An­ nex, through the control of parameters such as inciner­ ation temperature or residence time.
C—Best environmental practices The Conference of the Parties may develop guidance with regard to best environmental practices.

Annex D INFORMATION REQUIREMENTS AND SCREENING CRITERIA 1.
A Party submitting a proposal to list a chemical in Annexes A, B and/or C shall identify the chemical in the manner described in subparagraph (a) and provide the information on the chemical, and its transforma­ tion products where relevant, relating to the screening criteria set out in subparagraphs (b) to (e): (a) Chemical identity: 55 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued (i) (ii) Names, including trade name or names, commercial name or names and syn­ onyms, Chemical Abstracts Service (CAS) Registry number, International Union of Pure and Applied Chemistry (IUPAC) name; and Structure, including speciﬁcation of iso­ mers, where applicable, and the structure of the chemical class; Persistence: (i) (ii) Evidence that the half­life of the chemical in water is greater than two months, or that its half­life in soil is greater than six months, or that its half­life in sediment is greater than six months; or Evidence that the chemical is otherwise sufﬁciently persistent to justify its consid­ eration within the scope of this Conven­ tion; Bio­accumulation: (i) Evidence that the bio­concentration fac­ tor or bioaccumulation factor in aquatic species for the chemical is greater than 5,000 or, in the absence of such data, that the log Kow is greater than 5; Evidence that a chemical presents other reasons for concern, such as high bio­ac­ cumulation in other species, high toxicity or ecotoxicity; or (ii) (iii) Monitoring data in biota
 indicating that the bioaccumulation potential of the chem­ ical is sufﬁcient to justify its consideration within the scope of this Convention; Potential for long­range environmental transport: (i) Measured levels of the chemical in loca­ tions distant from the sources of its release that are of potential concern; (b) (c) (d) 56 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued (ii) Monitoring data showing that long­range environmental transport of the chemical, with the potential for transfer to a receiv­ ing environment, may have occurred via air, water or migratory species; or fate properties (iii) Environmental and/or model results that demonstrate that the chemical has a potential for long­range environmental transport through air, water or migratory species, with the potential for transfer to a receiving environment in locations distant from the sources of its release.
For a chemical that migrates signiﬁcantly through the air, its halﬂife in air should be greater than two days; and (e) Adverse effects (i) Evidence of adverse effects to human health or to the environment that justiﬁes consideration of the chemical within the scope of this convention; or Toxicity or ecotoxicity data that indicate the potential for damage to human health or to the environment.

(ii) 2.

3.
(ii) 2.

3.

The proposing Party shall provide a statement of the reasons for concern including, where possible, a com­ parison of toxicity or ecotoxicity data with detected or predicted levels of a chemical resulting or anticipated from its long­range environmental transport, and a short statement indicating the need for global control.
The proposing Party shall, to the extent possible and taking into account its capabilities, provide additional information to support the review of the proposal re­ In developing ferred to in paragraph 6 of Article 8.

57 Schedule 1 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued such a proposal, a Party may draw on technical expert­ ise from any source.
Annex E INFORMATION REQUIREMENTS FOR THE RISK PROFILE The purpose of the review is to evaluate whether the chemical is likely, as a result of its long­range environmental transport, to lead to signiﬁcant adverse human health and/or environmental effects, such that global action is warranted.
For this purpose, a risk proﬁle shall be developed that further elaborates on, and evaluates, the information referred to in Annex D and includes, as far as possible, the following types of information: (a) Production data, including quantity and location; Sources, including as appropriate: (i) (ii) Uses; and (iii) Releases, such as discharges, losses and emissions; (c) (b) Hazard assessment for the endpoint or endpoints of concern, including a consideration of toxicological interactions involv­ ing multiple chemicals; Environmental fate, including data and information on the chemical and physical properties of a chemical as well as its persistence and how they are linked to its environmental transport, transfer within and between environmental com­ partments, degradation and transformation to other chemicals.
A determination of the bio­concentration factor or bio­accu­ mulation factor, based on measured values, shall be available, except when monitoring data are judged to meet this need; (d) Monitoring data; (e) in particular, as a result of Exposure in local areas and, long­range environmental transport, and including informa­ tion regarding bio­availability; (f) National and international risk evaluations, assessments or proﬁles and labelling infor­ mation and hazard classiﬁcations, as available; and 58 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 1 Schedule 1AA—continued (g) Status of the chemical under international conventions.
Annex F INFORMATION ON SOCIO­ECONOMIC CONSIDERATIONS An evaluation should be undertaken regarding possible control meas­ ures for chemicals under consideration for inclusion in this Conven­ tion, encompassing the full range of options, including management and elimination.

For this purpose, relevant information should be provided relating to socio­economic considerations associated with possible control measures to enable a decision to be taken by the Conference of the Parties.
Such information should reﬂect due re­ gard for the differing capabilities and conditions among the Parties and should include consideration of the following indicative list of items: (a) Efﬁcacy and efﬁciency of possible control measures in meet­ ing risk reduction goals: (i) (ii) Technical feasibility; and Costs, including environmental and health costs; (b) Alternatives (products and processes): Technical feasibility; Costs, including environmental and health costs; (i) (ii) (iii) Efﬁcacy; (iv) Risk; (v) Availability; and (vi) Accessibility Positive and/or negative impacts on society of implementing possible control measures: (i) Health, including public, environmental and occupa­ tional health; (c) (ii) Agriculture, including aquaculture and forestry; (iii) Biota (biodiversity); (iv) Economic aspects; (v) Movement towards sustainable development; and 59 Schedule 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2003 No 37 Schedule 1AA—continued (vi) Social costs; (d) Waste and disposal implications (in particular, obsolete stocks Technical feasibility; and Cost of pesticides and clean­up of contaminated sites): (i) (ii) Access to information and public education; Status of control and monitoring capacity (e) (f) (g) Any national or regional control actions taken, including in­ formation on alternatives, and other relevant risk management information.
Schedule 2 New Schedule 2A inserted in principal Act Schedule 2A Persistent organic pollutants s 19 s 2(1) Substance Use or storage Manufacture Expiry of permitted use or storage Aldrin CAS No: 309­00­2 Chlordane CAS No: 57­74­9 Dieldrin CAS No: 60­57­1 Endrin CAS No: 72­20­8 Heptachlor CAS No: 76­44­8 Hexachlorobenzene CAS No: 118­74­1 60 2003 No 37 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Schedule 2A—continued Substance Use or storage Manufacture Expiry of permitted use or storage At the expiry of— (a) the exemption; or (b) an extension of the expiry of the exemption (being not later than the close of 2016) granted by the Authority Mirex CAS No: 2385­85­5 Toxaphene CAS No: 8001­35­2 Polychlorinated Biphenyls (PCB) In accordance with an exemption— (a) granted under regulation 49I or regulation 49J of the Toxic Substances Regulations 1983; and (b) that is in force immediately before the commencement of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 DDT (1,1,1­ trichloro­2,2­bis(4­ chlorophenyl)ethane) CAS No: 50­29­3 21 May 2003 20 February 2003 1 May 2003 1 July 2003 Legislative history Introduction (Bill 218­1) First reading and referral to Foreign Affairs, Defence and Trade Committee Reported from Foreign Affairs, Defence and Trade Committee (Bill 218­2) Second reading, committee of the whole House, third reading 61