WORLD TRADE
ORGANIZATIONWT/CTE/W/112
10 May 1999
(99-1907)
Committee on Trade and Environment
DRAFT INTERNATIONAL LEGALLY BINDING INSTRUMENT FOR IMPLEMENTING
INTERNATIONAL ACTION ON CERTAIN PERSISTANT
ORGANIC POLLUTANTS (POPS)
RECENT DEVELOPMENTS
Note by the Secretariat
In February 1997, the Governing Council of the United Nations Environment Programme
(UNEP) requested the Executive Director of UNEP, together with relevant international
organizations, to convene an intergovernmental negotiating committee (INC) for the preparation of an
international legally binding instrument on certain persistent organic pollutants (POPs).1  A total of
12 POPs had been selected for initial consideration.  The First Session of the INC was held in
Montreal from 29 June-3 July 1998, and the Second Session in Nairobi from 25-29 January 1999.2
At the Second Session of the INC, a "Preliminary Draft Text of An International Legally
Binding Instrument for Implementing International Action on Certain Persistent Organic Pollutants"
was discussed (annexed to the report of the Second Session).  The provisions contained in this text, of
relevance to the work of the Committee on Trade and Environment (CTE), are reproduced below.
The Third Session of the INC will take place in September 1999 in Geneva.
                                                     
1The international instrument is not to be confus ed with the POPs Protocol recently concluded under
the auspices of the United Nations Economic Commission for Europe (UN/ECE).  For more information on thelatter, refer to the presentation made by the UN/ECE Secretariat before the CTE in 1998 (WT/CTE/W/88).
2See document UNEP/POPS/INC.1/7 for a report of the First Session of the INC, and
document UNEP/POPS/INC.2/6 for a report of its Second Session.WT/CTE/W/112
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I. CERTAIN ARTICLES CONTAINED IN THE PRELIMINARY DRAFT TEXT3
ARTICLE D MEASURES TO REDUCE OR ELIMINATE RELEASES OF POPS INTO THE
ENVIRONMENT4
Prohibition of the Production and Use of Certain Persistent Organic Pollutants
1. Each Party shall prohibit the production [import, export]5 and use of the chemicals listed in
Annex A in accordance with the schedules contained in that Annex.
[Destruction of Stockpiles and Wastes5. Destruction domestically, or transboundary mo vements of wastes for destruction shall be
undertaken in accordance with the basic principles and provisions in the Basel Convention.  The same
shall apply to the destruction of substances liste d in Annex A, for which production and use are banned
according to paragraph 1 above.]
ARTICLE G INFORMATION EXCHANGE
[1.] The Parties shall, in a [transparent and non-discriminatory manner] [manner consistent with
their laws, regulations and practices], [create fav ourable conditions to] [facilitate] [undertake] the
exchange of information relevant to:
(a) The reduction or elimination of the produc tion, use or release of persistent organic
pollutants; and,
(b) Cost-effective alternatives.
[by promoting, inter alia, the exchange of and access to information on the development and use of
alternatives to persistent organic pollutants, as  well as on the evaluation of the risks that such
alternatives pose to human health and the envir onment, and information on the economic and social
costs of such alternatives; and exchange of inform ation on activities related to such alternatives which
are conducted in other [regional and] international forums.]
[2. Parties that exchange inform ation pursuant to this Convention shall protect any confidential
information as mutually agreed.  Human and enviro nmental health and safety information shall not be
regarded as confidential information for the purposes of this Convention.]
                                                     
3Two Articles (J and K) on Technical Assistance, and Financial Resources and Mechanisms, are still to
be developed. In the Report of the Second Session, paragraph 40 states that:  "Many representatives noted theimportance of including provisions for financial and technical assistance to developing countries, while severalexpressed specific support for establishing a mechanism si milar to the Multilateral Fund for the Implementation
of the Montreal Protocol.  Some representatives noted that the use of existing mechanisms for financial and
technical assistance, including GEF, should be further considered."
4In the Report of the Second Session, paragraph 37 states that:  "Many representatives supported
banning trade in prohibited chemicals except for the purposes  of destruction.  They considered that those and
related provisions, such as that relating to stockpiles, also had to be made fully compatible with the provisionsof the Rotterdam and Basel conventions.  A number of representatives believed that a discussion on the possibleuse of trade measures was premature.  Attention was also drawn to the need to give very careful thought to the
issue of inventories, in particular for by-products."
5The import and export issues should be further considered in the light of additional discussions on the
related elements in the Basel, London and Rotterdam Conventions. A separate provision could be includedpertaining to trade with non-parties.WT/CTE/W/112
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[3. Each Party shall designate a national focal point for the purpose of the exchange of the
information.  The Parties shall exchange su ch information through the Secretariat.]
[4. The Secretariat shall serve as a clearing- house mechanism for other relevant information,
including information provided by intergov ernmental and non-governmental organizations.]
ARTICLE M NON-COMPLIANCE
The Conference of the Parties shall, as soon as practicable, develop and approve procedures
and institutional mechanisms for determining non-compliance with the provisions of this Convention
and for the treatment of Parties found to be in non-compliance.
ARTICLE N SETTLEMENT OF DISPUTES
1. Parties shall settle any dispute between them concerning the interpretation or application of
the Convention through negotiation or other peaceful means of their own choice.
2. When ratifying, accepting, approving or acceding to this Convention, or at any time
thereafter, a Party may declare in a written instrument submitted to the Depositary that, with respect
to any dispute concerning the interpretation or application of the Convention, it recognizes one orboth of the following means of dispute settlement as  compulsory in relation to any Party accepting the
same obligation:
(a) Arbitration in accordance with procedures adopted by the Conference of the Parties in
an annex as soon as practicable; and [/or]
(b) Submission of the dispute to the International Court of Justice.
3. A declaration made pursuant to paragraph 2 shall remain in force until it expires in
accordance with its terms or until three months after written notice of its revocation has been
deposited with the Depositary.
4. 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.
5. 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 se ttle their dispute within twelve months following
notification by one Party to another that a dispute exists between them, the dispute shall be submitted
to a conciliation commission at the request of any party to the dispute.  The conciliation commission
shall render a report with recommendations.  Additional procedures relating to the conciliation
commission shall be included in an annex adopted by the Conference of the Parties no later than thesecond meeting of the Conference of the Parties.
ARTICLE [N bis RELATIONSHIP WITH OTHER AGREEMENTS]
[The provisions of this Convention shall not affect the rights and obligations of any Party
deriving from any existing international agreement.]
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