# EUR-Lex - 52013PC0325 - EN

*|*

# 52013PC0325

**ANNEX to the Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Minamata Convention on Mercury /* COM/2013/0325 final */**

			*

			*

|| EUROPEAN COMMISSION ||

Brussels, 31.5.2013

COM(2013) 325 final

ANNEX

to the Proposal for a
COUNCIL DECISION on the signing, on behalf of the European Union, of the
Minamata Convention on Mercury

ANNEX

to the Proposal for a COUNCIL DECISION
on the signing, on behalf of the European Union, of the Minamata Convention on
Mercury

Draft Minamata Convention on Mercury

The Parties to this Convention,

Recognizing
that mercury is a chemical of global concern owing to its long-range
atmospheric transport, its persistence in the environment once
anthropogenically introduced, its ability to bioaccumulate in ecosystems and
its significant negative effects on human health and the environment,

Recalling
decision 25/5 of 20 February 2009 of the Governing Council of the United
Nations Environment Programme to initiate international action to manage
mercury in an efficient, effective, and coherent manner,

Recalling
paragraph 221 of the outcome document of the United
Nations Conference on
Sustainable Development “The Future We Want”, which
called for a successful outcome of the negotiations on a global legally binding
instrument on mercury to address the risks to human health and the environment,

Recalling the United Nations Conference on Sustainable Development’s reaffirmation of the principles of the Rio Declaration on
Environment and Development, including, inter alia, common but differentiated
responsibilities, and acknowledging States’ respective circumstances and
capabilities and the need for global action,

Aware of the
health concerns, especially in developing countries, resulting from exposure to
mercury of vulnerable
populations, especially women, children, and, through them, future generations,

Noting the
particular vulnerabilities of Arctic ecosystems and indigenous communities
because of the biomagnification of mercury and contamination of traditional
foods, and concerned about indigenous communities more generally with respect
to the effects of mercury,

Recognizing the substantial lessons of Minamata Disease, in particular the
serious health and environmental effects resulting from the mercury pollution,
and the need to ensure proper management of mercury and the prevention of such
events in the future,

Stressing the importance of financial, technical, technological, and
capacity-building support, particularly for developing countries, and countries
with economies in transition, in order to strengthen national capabilities for
the management of mercury and to promote the effective implementation of the Convention,

Recognizing also
the activities of the World Health Organization in the protection of human
health related to mercury and the roles of relevant multilateral environmental
agreements, especially the Basel Convention on the Control of Transboundary Movements
of Hazardous Wastes and their Disposal and the Rotterdam Convention on the Prior Informed Consent Procedure for
Certain Hazardous Chemicals and Pesticides in International Trade,

Recognizing that
this Convention and other international agreements in the field of the
environment and trade are mutually supportive,

Emphasizing that
nothing in this Convention is intended to affect the rights and obligations of
any Party deriving from any existing international agreement,

Understanding that the above recital is not intended to create a hierarchy between
this Convention and other international instruments,

Noting that
nothing in this Convention prevents a Party from taking additional domestic
measures consistent with the provisions of this Convention in an effort to
protect human health and the environment from exposure to mercury in accordance
with that Party’s other obligations under applicable international law,

Have agreed as follows:

Article 1

Objective

The objective of this Convention is to
protect the human health and the environment from anthropogenic emissions and
releases of mercury and mercury compounds.

Article 2

Definitions

For the purposes of this Convention:

(a)        “Artisanal and small-scale gold
mining” means gold mining conducted by individual miners or small enterprises
with limited capital investment and production;

(b)        “Best available techniques”
means those techniques that are the most effective to prevent and, where that
is not practicable, to reduce emissions and releases of mercury to air, water
and land and the impact of such emissions and releases on the environment as a
whole, taking into account economic and technical considerations for a given
Party or a given facility within the territory of that Party. In this context:

“Best” means most effective in achieving a
high general level of protection of the environment as a whole;

“Available” techniques means, in respect of
a given Party and a given facility within the territory of that Party, those
techniques developed on a scale that allows implementation in a relevant
industrial sector under economically and technically viable conditions, taking
into consideration the costs and benefits, whether or not those techniques are
used or developed within the territory of that Party, provided that they are
accessible to the operator of the facility as determined by that Party; and

“Techniques” means technologies used,
operational practices and the ways in which installations are designed, built,
maintained, operated and decommissioned;

(c)        “Best environmental practices”
means the application of the most appropriate combination of environmental
control measures and strategies;

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

(e)        “Mercury compound” means any
substance consisting of atoms of mercury and one or more atoms of other
chemical elements that can be separated into different components only by
chemical reactions;

(f)         “Mercury-added product” means a
product or product component that contains mercury or a mercury compound that
was intentionally added;

(g)        “Party” means a State or
regional economic integration organization that has consented to be bound by
this Convention and for which the Convention is in force;

(h)        “Parties present and voting”
means Parties present and casting an affirmative or negative vote at a meeting
of the Parties;

(i)         “Primary mercury mining” means
mining in which the principal material sought is mercury;

(j)         “Regional economic integration
organization” means an organization constituted by sovereign States of a given
region to which its member States have transferred competence in respect of
matters governed by this Convention and which has been duly authorized, in
accordance with its internal procedures, to sign, ratify, accept, approve or
accede to this Convention; and

(k)        “Use allowed” means any use by a
Party of mercury or mercury compounds consistent with this Convention,
including, but not limited to, uses consistent with Articles 3, 4, 5, 6 and 7.

Article 3

Mercury supply sources and trade

1.         For
the purposes of this Article:

(a)        References
to “mercury” include mixtures of mercury with other substances, including
alloys of mercury, with a mercury concentration of at least 95 per cent by
weight; and

(b)        “Mercury compounds” means mercury
(I) chloride (known also as calomel), mercury (II) oxide, mercury (II)
sulphate, mercury (II) nitrate, cinnabar and mercury sulphide.

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

(a)        Quantities of mercury or mercury
compounds to be used for laboratory-scale research or as a reference standard;
or

(b)        Naturally occurring trace
quantities of mercury or mercury compounds present in such products as
non-mercury metals, ores, or mineral products, including coal, or products
derived from these materials, and unintentional trace quantities in chemical
products; or

(c)        Mercury-added products.

3.         Each Party shall not allow
primary mercury mining that was not being conducted within its territory at the
date of entry into force of the
Convention for it.

4.         Each Party shall only allow
primary mercury mining that was being conducted within its territory at the
date of entry into force of the Convention for it for a period of up to fifteen
years after that date. During this period, mercury from such mining shall only
be used in manufacturing of mercury added products in accordance with Article 4,
in manufacturing processes in accordance with Article 5, or be disposed in
accordance with Article 11, using operations which do not lead to recovery,
recycling, reclamation, direct re-use or alternative uses.

5.         Each Party shall:

(a)        Endeavour to identify individual
stocks of mercury or mercury compounds exceeding 50 metric tons, as well as
sources of mercury supply generating stocks exceeding 10 metric tons per year,
that are located within its territory;

(b)        Take measures to ensure that,
where the Party determines that excess mercury from the decommissioning of
chlor-alkali facilities is available, such mercury is disposed of in accordance
with the guidelines for environmentally sound management referred to in paragraph
3 (a) of Article 11, using operations that do not lead to recovery, recycling,
reclamation, direct re-use or alternative uses.

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

(a)        To a Party that has provided the
exporting Party with its written consent, and only for the purpose of:

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

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

(b)        To a non-Party that has provided
the exporting Party with its written consent, including certification
demonstrating that:

(i)         The non-Party has measures in
place to ensure the protection of human health and the environment and to
ensure its compliance with the provisions of Articles 10 and 11; and

(ii)        Such mercury will be used only
for a use allowed to a Party under this Convention or for environmentally sound
interim storage as set out in Article 10.

7.         An exporting Party may rely on a
general notification to the Secretariat by the importing Party or non-Party as
the written consent required by paragraph 6. Such general notification shall
set out any terms and conditions under which the importing Party or non-Party
provides its consent. The notification may be revoked at any time by that Party
or non-Party. The Secretariat shall keep a public register of all such
notifications.

8.         Each Party shall not allow the
import of mercury from a non-Party to whom it will provide its written consent
unless the non-Party has provided certification that the mercury is not from
sources identified as not allowed under paragraph 3 or paragraph 5 (b).

9.         A Party that submits a general
notification of consent under paragraph 7 may decide not to apply paragraph 8,
provided that it maintains comprehensive restrictions on the export of mercury
and has domestic measures in place to ensure that imported mercury is managed
in an environmentally sound manner. The Party shall provide a notification of
such decision to the
Secretariat, including information describing its export restrictions and
domestic regulatory measures, as well as information on the quantities and
countries of origin of mercury imported from non-Parties. The Secretariat shall
maintain a public register of all such notifications. The Implementation and
Compliance Committee shall review and evaluate any such notifications and
supporting information in accordance with Article 15 and may make
recommendations, as appropriate, to the Conference of the Parties.

10.       The procedure set out in
paragraph 9 shall be available until the conclusion of the second meeting of
the Conference of the Parties. After that time, it shall cease to be available,
unless the Conference of the Parties decides otherwise by simple majority of
the Parties present and voting, except with respect to a Party that has
provided a notification under
paragraph 9 before the end of the second meeting of the Conference of the
Parties.

11.       Each Party shall include in its
reports submitted pursuant to Article 21 information showing that the
requirements of this Article have been met.

12.       The Conference of the Parties
shall at its first meeting provide further guidance in regard to this Article,
particularly in regard to
paragraphs 5 (a), 6 and 8, and shall develop and adopt the required content of
the certification referred to in paragraphs 6 (b) and 8.

13        The Conference of the Parties
shall evaluate whether the trade in specific mercury compounds compromises the
objective of this Convention
and consider whether specific mercury compounds should, by their listing in an
additional annex adopted in accordance with Article 27, be made subject to
paragraphs 6 and 8.

Article 4

Mercury-added products

1.         Each Party
shall not allow, by taking appropriate measures, the manufacture, import or
export of mercury-added products listed in Part I of Annex A after the phase‑out
date specified for those products, except where an exclusion is specified in Annex
A or the Party has a registered exemption pursuant to Article 6.

2.         A Party
may, as an alternative to paragraph 1, indicate at the time of ratification or
upon entry into force of an amendment to Annex A for it, that it will implement
different measures or strategies to address products listed in Part I of Annex A.
A Party may only choose this alternative if it can demonstrate that it has
already reduced to a de minimis level the manufacture, import, and export of
the large majority of the products listed in Part I of Annex A and that it has
implemented measures or strategies to reduce the use of mercury in additional
products not listed in Part I of Annex A at the time it notifies the
Secretariat of its decision to use this alternative. In addition, a Party
choosing this alternative shall:

(a)        Report at the first opportunity
to the Conference of the Parties a description of the measures or strategies implemented, including a quantification of the reductions achieved;

(b)        Implement measures or strategies
to reduce the use of mercury in any products listed in Part I of Annex A for
which a de minimis value has not yet been obtained;

(c)        Consider additional measures to
achieve further reductions; and

(d)        Not be eligible to claim
exemptions pursuant to Article 6 for any product category for which this
alternative is chosen.

No later than 5 years after the date of entry
into force of the Convention, the Conference of the Parties shall, as part of
the review process under paragraph 8, review the progress and the effectiveness
of the measures taken under this paragraph.

3.         Each Party shall take measures for the mercury-added products listed in Part
II of Annex A in accordance with the provisions set out therein.

4.         The Secretariat shall, on the basis of information provided by Parties, collect and
maintain information on mercury-added products and their alternatives, and shall make such information
publicly available. The Secretariat shall also make publicly available any
other relevant information submitted by Parties.

5.         Each Party shall take measures
to prevent the incorporation into assembled products of mercury-added products
the manufacture, import and export of which are not
allowed for it under this Article.

6.         Each Party shall discourage the
manufacture and the distribution in commerce of mercury-added products not covered by any known use of mercury-added products prior to the date of entry into
force of the Convention for it, unless an assessment of the risks and benefits
of the product demonstrates environmental or human health benefits. A Party
shall provide to the Secretariat, as appropriate, information on any such
product, including any information on the environmental and human health risks
and benefits of the product. The Secretariat shall make such information
publicly available.

7.         Any Party may submit a proposal
to the Secretariat for listing a mercury-added product in Annex C, which shall
include information related to the availability, technical and economic
feasibility and environmental and health risks and benefits
of the non‑mercury alternatives to the product, taking into account
information pursuant to paragraph 4.

8.         No later than five years after
the date of entry into force of the Convention, the Conference of the Parties
shall review Annex A and may consider amendments to that Annex in accordance
with Article 27.

9.         In reviewing
Annex A pursuant to paragraph 8, the Conference of the Parties shall take into account at least:

(a)        Any proposal submitted under
paragraph 7;

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

(c)        The availability to the Parties
of mercury-free alternatives that are technically and economically feasible,
taking into account the environmental and human health risks and benefits.

Article 5

Manufacturing processes in which mercury or mercury compounds are
used

1.         For the purposes of this Article
and Annex B, manufacturing processes in which mercury or mercury compounds are
used shall not include processes using mercury-added products, processes for
manufacturing mercury-added products or processes that process
mercury-containing waste.

2.         Each Party shall not allow, by
taking appropriate measures, the use of mercury or mercury compounds in the
manufacturing processes listed in Part I of Annex B after the phase-out date
specified in that Annex for the individual processes, except where the Party
has a registered exemption pursuant to Article 6.

3.         Each Party shall take measures
to restrict the use of mercury or mercury compounds in the processes listed in
Part II of Annex B in
accordance with the provisions set out therein.

4.         The Secretariat shall, on the
basis of information provided by Parties, collect and maintain information on
processes that use mercury or mercury compounds and their alternatives, and
shall make such information publicly available. Other relevant information may
also be submitted by Parties and shall be made publicly available by the
Secretariat.

5.         Each Party with one or more
facilities that use mercury or mercury compounds in the manufacturing processes
listed in Annex B shall:

(a)        Take measures to address
emissions and releases of mercury or mercury compounds from those facilities;

(b)        Include in its reports submitted
pursuant to Article 21 information on the measures taken pursuant to this
paragraph; and

(c)        Endeavour to identify facilities within its territory that use mercury or
mercury compounds for processes listed in Annex B and submit to the Secretariat, no later than 3 years after the date
of entry into force of the Convention for it, information on the number and
types of such facilities and the estimated annual amount of mercury or mercury
compounds used in those facilities. The Secretariat shall make such information
publicly available.

6.         Each Party shall not allow the
use of mercury or mercury compounds in a facility that did not exist prior to
the date of entry into force of the Convention for it using the manufacturing
processes listed in Annex B. No exemptions shall apply to such facilities.

7          Each Party shall discourage the
development of any facility using any other manufacturing process in which
mercury or mercury compounds are intentionally used
that did not exist prior to the date of entry into force of the
Convention, except where the Party can
demonstrate to the satisfaction of the Conference of the Parties that the
manufacturing process provides significant environmental and health benefits
and that there are no technically and economically feasible mercury-free
alternatives available providing such benefits.

8.         Parties are encouraged to
exchange information on relevant new technological developments, economically
and technically feasible
mercury-free alternatives, and possible measures and techniques to reduce and
where feasible to eliminate the use of mercury and mercury compounds in, and
emissions and releases of mercury and mercury compounds from, the manufacturing
processes listed in Annex B.

9.         Any Party may submit a proposal
to amend Annex B in order to list a manufacturing process in which mercury or
mercury compounds are used. It shall include information related to the
availability, technical and economic feasibility and environmental and health risks and benefits of the non-mercury
alternatives to the process.

10.       No later than five years after the date of entry into force of the
Convention, the Conference of the Parties shall review Annex B and may consider
amendments to that Annex in accordance with Article 27.

11.       In any review of Annex B pursuant to paragraph 10, the Conference of the Parties
shall take into account at least:

(a)        Any proposal submitted under
paragraph 9;

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

(c)        The availability for the Parties
of mercury-free alternatives which are technically and economically feasible
taking into account the environmental and health risks and benefits.

Article 6

Exemptions available to a Party upon
request

1.         Any State or regional economic
integration organization may register for one or more exemptions from the
phase-out dates listed in Annex A and Annex B, hereafter referred to as an
“exemption”, by notifying the Secretariat in writing:

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

(b)        In the case of any mercury-added
product that is added by an amendment to Annex A or any manufacturing process
in which mercury is used that is added by an amendment to Annex B, no later
than the date upon which the applicable amendment enters into force for the
Party.

Any such registration shall be accompanied
by a statement explaining the Party’s need for the exemption.

2.         An exemption can be registered
either for a category listed in Annex A or B or for a sub‑category
identified by any State or regional economic integration organization.

3.         Each Party that has one or more
exemptions shall be identified in a register. The Secretariat shall establish
and maintain the register and
make it available to the public.

4.         The register shall include:

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

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

The expiration date of each exemption.

5.         Unless a shorter period is indicated in the register by a Party, all
exemptions pursuant to paragraph 1 shall expire five years after the relevant
phase-out date listed in Annex A or B.

6.         The Conference of the Parties
may, at the request of a Party, decide to extend an exemption for five years
unless the Party requests a
shorter period. In making its decision, the Conference of the Parties shall
take due account of:

(a)        A report from the Party
justifying the need to extend the exemption and outlining activities undertaken
and planned to eliminate the need for the exemption as soon as feasible;

(b)        Available information, including
in respect of the availability of alternative products and processes that are
free of mercury or that involve the consumption of less mercury than the exempt
use; and

(c)        Activities planned or under way
to provide environmentally sound storage of mercury and disposal of mercury
wastes.

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

7.         A Party may at any time withdraw
an exemption upon written notification to the Secretariat. The withdrawal of an
exemption shall take effect on the date specified in the notification.

8.         Notwithstanding paragraph 1, no
State or regional economic integration organization may register for an
exemption after five years after the phase-out date for the relevant product or
process listed in Annex A or B, unless one or more Parties remain registered
for an exemption for that product or process, having received an extension
pursuant to paragraph 6. In that case, a State or regional economic integration
organization may, at the times set out in paragraphs 1 (a) and (b), register
for an exemption for that product or process, which shall expire ten years
after the relevant phase-out date.

9.         No Party may have an exemption
in effect at any time after 10 years after the phase-out date for a product or
process listed in Annex A or B.

Article 7

Artisanal and small-scale gold mining

1.         The measures in this Article and in Annex C shall apply to artisanal and
small-scale gold mining and processing in which mercury amalgamation is used to
extract gold from ore.

2.         Each Party that has artisanal and small-scale gold mining and processing
subject to this Article within its territory shall take steps to reduce, and where feasible
eliminate, the use of mercury and mercury compounds in, and the emissions and releases to the
environment of mercury from, such mining and processing.

3.         Each Party shall notify the
Secretariat if at any time the Party determines that artisanal and small-scale
gold mining and processing in
its territory is more than insignificant. If it so determines the
Party shall:

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

(b)        Submit its national action plan
to the Secretariat no later than three years after entry into force of the
Convention for it or three years after the notification to the Secretariat,
whichever is later; and

(c)        Thereafter, provide a review every three years of the progress made in meeting
its obligations under this Article and include such reviews in its reports
submitted pursuant to Article 21.

4.         Parties may cooperate with each
other and with relevant intergovernmental organizations and other entities, as appropriate, to achieve the objectives of this Article.
Such cooperation may include:

(a)        Development of strategies to prevent the diversion of mercury or mercury
compounds for use in artisanal and small-scale gold mining and processing;

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

(c)        Promotion of research into sustainable non-mercury alternative practices;

(d)        Provision of technical and financial assistance;

(e)        Partnerships to assist in the implementation of their commitments under this
Article; and

(f)         Use of existing information exchange mechanisms to promote knowledge, best
environmental practices and alternative technologies that are environmentally,
technically, socially and economically viable.

Article 8

Emissions

1.         This
Article concerns controlling and, where feasible, reducing emissions of mercury
and mercury compounds, often expressed as “total mercury”, to the atmosphere through measures to control
emissions from the point sources falling within the source
categories listed in Annex D.

2.         For the purposes of this Article:

(a)        “Emissions” means emissions of
mercury or mercury compounds to the atmosphere;

(b)        “Relevant source” means a source
falling within one of the source categories listed in Annex D. A Party may, if
it chooses, establish criteria to identify the sources covered within a source
category listed in Annex D so long as those criteria for any category include
at least 75 per cent of the emissions from that category;

(c)        “New source” means any relevant
source within a category listed in Annex D, the construction or substantial
modification of which is commenced at least one year after the date of:

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

(ii)        Entry into force for the Party
concerned of an amendment to Annex D where the source becomes subject to the
provisions of this Convention only by virtue of that amendment;

(d)        “Substantial modification” means
modification of a relevant source that results in a significant increase in
emissions, excluding any change in emissions resulting from by-product
recovery. It shall be a matter for the Party to decide whether a modification
is substantial or not.

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

(f)         “Emission limit value” means a
limit on the concentration, mass or emission rate of mercury or mercury
compounds, often expressed as “total mercury”, emitted from a point source.

3.         A Party with relevant sources
shall take measures to control emissions and may prepare a national plan
setting out the measures to be taken to control emissions and its expected
targets, goals and outcomes. Any plan shall be submitted to the Conference of
the Parties within 4 years of the date of entry into force of the Convention
for that Party. If a Party develops an implementation plan in accordance with
Article 20, the Party may include in it the plan prepared pursuant to this
paragraph.

4.         For its new sources, each Party
shall require the use of best available techniques and best environmental
practices to control and, where
feasible, reduce emissions, as soon as practicable but no later than five years
after the date of entry into force of the Convention for that Party. A Party
may use emission limit values that are consistent with the application of best
available techniques.

5          For its existing sources, each
Party shall include in any national plan, and shall implement, one or more of
the following measures, taking
into account its national circumstances, and the economic and technical
feasibility and affordability of the measures, as soon as practicable but no
more than ten years after the date of entry into force of the Convention for
it:

(a)        A quantified goal for
controlling and, where feasible, reducing emissions from relevant sources;

(b)        Emission limit values for
controlling and, where feasible, reducing emissions from relevant sources;

(c)        The use of best available
techniques and best environmental practices to control emissions from relevant
sources;

(d)        A multi-pollutant control
strategy that would deliver co-benefits for control of mercury emissions;

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

6          Parties may apply the same
measures to all relevant existing sources or may adopt different measures in
respect of different source
categories. The objective shall be for those measures applied by a Party to achieve reasonable progress in
reducing emissions over time.

7.         Each Party shall establish, as
soon as practicable and no later than five years after the date of entry into
force of the Convention for it, and maintain thereafter, an inventory of
emissions from relevant sources.

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

Best available techniques and on best
environmental practices, taking into account any difference between new and
existing sources and the need to minimize cross-media effects; and

Support for Parties in implementing the
measures set out in paragraph 5, in particular in determining goals and in
setting emission limit values.

9          The Conference of the Parties
shall, as soon as practicable, adopt guidance on:

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

(b)        The methodology for preparing inventories of emissions.

10.       The Conference of the Parties
shall keep under review, and update as appropriate, the guidance developed
pursuant to paragraphs 8 and 9. Parties shall take the guidance into account in
implementing the relevant provisions of this Article.

11.       Each Party shall include
information on its implementation of this Article in its reports submitted
pursuant to Article 21, in particular information
concerning the measures it has taken in accordance with paragraphs 4 to 7 and
the effectiveness of the measures.

Article 9

Releases

1.         This Article concerns
controlling and, where feasible, reducing releases of mercury and mercury
compounds, often expressed as “total mercury”, to land and water from the
relevant point sources not addressed in other provisions of this Convention.

2.         For the purposes of this
Article:

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

(b)        “Relevant source” means any
significant anthropogenic point source of release as identified by a Party that
is not addressed in other provisions of this Convention;

(c)        “New source” means any relevant
source, the construction or substantial modification of which is commenced at
least one year after the date of entry into force of this Convention for the
Party concerned;

(d)        “Substantial modification” means
modification of a relevant source that results in a significant increase in
releases, excluding any change in releases resulting from by-product recovery.
It shall be a matter for the Party to decide whether a modification is
substantial or not;

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

(f)         “Release limit value” means a
limit on the concentration or mass of mercury or mercury compounds, often
expressed as “total mercury”, released from a point source.

3.         Each Party shall, no later than three years after the date of entry into
force of the Convention for it and on a regular basis thereafter, identify the
relevant point source categories.

4.         A Party with relevant sources
shall take measures to control releases and may prepare a national plan setting
out the measures to be taken to
control releases and its expected targets, goals and outcomes. Any plan shall
be submitted to the Conference of the Parties within 4 years of the date of
entry into force of the Convention for that Party. If a Party develops an
implementation plan in accordance with Article 20, the Party may include in it
the plan prepared pursuant to this paragraph.

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

(a)        Release limit values to control
and, where feasible, reduce releases from relevant sources;

(b)        The use of best available techniques
and best environmental practices to control releases from relevant sources;

(c)        A multi-pollutant control
strategy that would deliver co-benefits for control of mercury releases;

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

6.         Each Party shall establish, as
soon as practicable and no later than five years after the date of entry into
force of the Convention for it,
and maintain thereafter, an inventory of releases from relevant sources.

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

(a)        Best available techniques and on
best environmental practices, taking into account any difference between new
and existing sources and the need to minimize cross-media effects;

(b)        The methodology for preparing
inventories of releases.

8.         Each Party shall include
information on its implementation of this Article in its reports submitted
pursuant to Article 21, in
particular information concerning the measures it has taken in accordance with
paragraphs 3 to 6 and the effectiveness of the measures.

Article 10

Environmentally sound interim storage of
mercury, other than waste mercury

1.         This Article shall apply to the
interim storage of mercury and mercury compounds as defined in Article 3 that
do not fall within the meaning of the definition of mercury wastes set out in
Article 11.

2.         Each Party shall take measures
to ensure that the interim storage of such mercury and mercury compounds
intended for a use allowed to a Party under this Convention is undertaken in an
environmentally sound manner, taking into account any guidelines, and in
accordance with any requirements, adopted pursuant to paragraph 3.

3.         The Conference of the Parties
shall adopt guidelines on the environmentally sound interim storage of such mercury
and mercury compounds, taking into account any relevant guidelines developed
under the Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal and other relevant guidance. The Conference
of the Parties may adopt requirements for interim storage in an additional
annex to this Convention in accordance with Article 27.

4.         Parties shall cooperate, as
appropriate, with each other and with relevant intergovernmental organizations
and other entities, to enhance capacity-building for the environmentally sound
interim storage of such mercury and mercury compounds.

Article 11

Mercury wastes

1.         The relevant definitions of the
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes
and Their Disposal shall apply to wastes covered under this Convention for
Parties to the Basel Convention.
Parties to this Convention that are not Parties to the Basel Convention shall
use those definitions as guidance as applied to wastes covered under this
Convention.

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

(a)        Consisting
of mercury or mercury compounds;

(b)        Containing mercury or mercury
compounds; or

(c)        Contaminated with mercury or mercury compounds,

in a quantity above the relevant thresholds
defined by the Conference of the Parties, in collaboration with the relevant
bodies of the Basel Convention in a harmonized manner, that are disposed of or
are intended to be disposed of or are required to be disposed of by the provisions
of national law or this
Convention.

This definition excludes overburden, waste
rock and tailings from mining, except from primary mercury mining, unless they
contain mercury or mercury compounds above thresholds defined by the Conference
of the Parties.

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

(a)        Managed
in an environmentally sound manner, taking into account the guidelines
developed under the Basel Convention and in accordance with requirements that
the Conference of the Parties shall adopt in an additional annex in accordance
with Article 27. In developing requirements, the Conference of the Parties
shall take into account Parties’ waste management regulations and programmes;

(b)        Only recovered, recycled,
reclaimed or directly re-used for a use allowed to a Party under this
Convention or for environmentally sound disposal pursuant to paragraph 3 (a);

(c)        For Parties to the Basel
Convention, not transported across international boundaries except for the
purpose of environmentally sound disposal in conformity with this Article and with
that Convention. In circumstances where the Basel Convention does not apply to
transport across international boundaries, a Party
shall allow such transport only after taking into account relevant
international rules, standards, and guidelines.

4.         The Conference of the Parties shall seek to cooperate closely with the relevant
bodies of the Basel Convention in the review and
update, as appropriate, of the guidelines referred to in paragraph 3 (a).

5.         Parties are encouraged to cooperate with each other and with relevant
intergovernmental organizations and other entities, as appropriate, to develop
and maintain global, regional and national capacity for the management of
mercury wastes in an environmentally sound manner.

Article 12

Contaminated sites

1.         Each Party shall endeavour to
develop appropriate strategies for identifying and assessing sites contaminated
by mercury or mercury compounds.

2.         Any actions to reduce the risks
posed by such sites shall be performed in an environmentally sound manner
incorporating, where appropriate, an assessment of the risks to human health
and the environment from the mercury or mercury compounds they contain.

3.         The Conference of the Parties
shall adopt guidance on managing contaminated sites that may include methods
and approaches for:

(a)        Site identification and
characterization;

(b)        Engaging the public;

(c)        Human health and environmental
risk assessments;

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

(e)        Evaluation of benefits and
costs; and

(f)         Validation of outcomes.

4.         Parties are encouraged to
cooperate in developing strategies and implementing activities for identifying,
assessing, prioritizing,
managing and, as appropriate, remediating contaminated sites.

Article
13

Financial
resources and mechanism

1.         Each Party undertakes to
provide, within its capabilities, resources in respect of those national
activities that are intended to implement this Convention, in accordance with its national policies, priorities,
plans and programmes. Such resources may include domestic funding through relevant policies, development
strategies and national budgets, and bilateral and multilateral funding, as well as private sector involvement.

2.         The overall effectiveness of implementation of this Convention by developing
country Parties will be related to the effective implementation of this
Article.

3.         Multilateral, regional and bilateral sources of financial and technical
assistance, as well as capacity- building and technology transfer, are encouraged, on an urgent basis, to
enhance and increase their activities on mercury in support of developing
country Parties in the
implementation of this Convention
relating to financial resources, technical assistance and technology transfer.

4.         The Parties, in their
actions with regard to funding,
shall take full account of the specific needs and special circumstances of
Parties that are small island developing States or least developed countries.

5.         A Mechanism for the provision of
adequate, predictable, and timely financial resources is hereby defined. The Mechanism is to support developing country
Parties and Parties with economies in transition in implementing their
obligations under this Convention.

6.         The Mechanism shall include:

(a)        The Global Environment Facility
Trust Fund, and

(b)        A specific international
Programme to support capacity-building and technical assistance.

7.         The Global Environment Facility
Trust Fund shall provide new, predictable, adequate and timely financial
resources to meet costs in support of implementation of this Convention as
agreed by the Conference of the Parties. For the purposes of this Convention,
the Global Environment Facility Trust Fund shall be operated under the guidance
of and be accountable to the Conference of the Parties. The Conference of the
Parties shall provide guidance on overall strategies, policies, programme priorities and eligibility for access to and
utilization of financial resources. In addition, the Conference
of the Parties shall provide guidance on an indicative
list of categories of activities that could receive support from the Global Environment Facility Trust Fund. The Global Environment Facility Trust Fund shall provide resources to meet
the agreed incremental costs of global environmental benefits and the agreed full costs of some enabling activities.

8.         In providing resources for an
activity, the Global Environment Facility Trust Fund should take into account
the potential mercury
reductions of a proposed activity relative to its costs.

9.         For the purposes of this
Convention, the Programme referred to in paragraph 6 (b) will be operated under the guidance of and be accountable to the Conference of the Parties. The Conference
of the Parties shall, at its
first meeting, decide on the hosting institution for the Programme, which shall
be an existing entity, and provide guidance to it, including on its duration. All Parties and other
relevant stakeholders are invited to provide financial resources to the
Programme, on a voluntary basis.

10.       The Conference of the Parties and
the entities comprising the Mechanism shall agree upon, at the first meeting of
the Conference of the Parties,
arrangements to give effect to the above paragraphs.

11.       The Conference of the Parties
shall review, no later than at its third meeting, and thereafter on a regular
basis, the level of funding,
the guidance provided by the Conference of the Parties to the entities
entrusted to operationalize the Mechanism established under this Article and
their effectiveness, and their ability to address the changing needs of
developing country Parties and Parties with economies in transition. It shall,
based on such review, take appropriate action to improve the effectiveness of
the Mechanism.

12.       All Parties, within their
capabilities, are invited to contribute to the Mechanism. The Mechanism shall
encourage the provision of
resources from other sources, including the private sector, and shall seek to
leverage such resources for the activities it supports.

Article 14

Capacity-building, technical assistance and
technology transfer

1.         Parties shall cooperate to
provide, within their respective capabilities, timely and appropriate capacity‑building
and technical assistance to developing country Parties, in particular Parties
that are least developed countries or small island developing States, and Parties with economies in transition,
to assist them in implementing their obligations under this Convention.

2.         Capacity-building and technical
assistance pursuant to paragraph 1 and Article 13 may be delivered through
regional, subregional and national arrangements, including existing regional
and subregional centres, through other multilateral and bilateral means, and
through partnerships, including partnerships involving the private sector.
Cooperation and coordination
with other multilateral environmental agreements in the field of chemicals and
wastes should be sought to increase the effectiveness of technical assistance
and its delivery.

3.         Developed country Parties and
other Parties within their capabilities shall promote and facilitate, supported
by the private sector and other
relevant stakeholders as appropriate, development, transfer and diffusion of,
and access to, up-to-date environmentally sound alternative technologies to
developing country Parties, in particular the least developed countries and
small island developing States, and Parties with economies in transition, to
strengthen their capacity to effectively implement this Convention.

4.         The Conference of the Parties
shall, by its second meeting and thereafter on a regular basis, and taking into
account submissions and reports
from Parties including those as provided for in Article 21 and information
provided by other stakeholders:

(a)        Consider information on existing
initiatives and progress made in relation to alternative technologies;

(b)        Consider the needs of Parties,
particularly developing country Parties, for alternative technologies; and

(c)        Identify challenges experienced
by Parties, particularly developing country Parties, in technology transfer.

5.            The
Conference of the Parties shall make recommendations on how capacity building,
technical assistance and technology transfer could be further enhanced under
this Article.

Article
15

Implementation
and Compliance Committee

1.            A
mechanism, including a Committee as a subsidiary body of the Conference of the
Parties, is hereby established to promote implementation of, and review
compliance with, all provisions of this Convention. The mechanism, including
the Committee, shall be facilitative in nature and shall pay particular
attention to the respective national capabilities and circumstances of Parties.

2.            The
Committee shall promote implementation of, and review compliance with, all
provisions of this Convention. The Committee shall examine both individual and
systemic issues of implementation and compliance and make recommendations, as
appropriate, to the Conference of the Parties.

3.            The
Committee shall consist of 15 members, nominated by Parties and elected by the
Conference of the Parties, with due consideration to equitable geographical
representation based on the five regions of the United Nations; the first
members shall be elected at the first meeting of the Conference of the Parties
and thereafter in accordance with the rules of procedure approved by the
Conference of the Parties pursuant to paragraph 5; the members of the Committee
shall have competence in a field relevant to this Convention and reflect an
appropriate balance of expertise.

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

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

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

(c) Requests from the Conference of the Parties.

5.            The
Committee shall elaborate its rules of procedure, which shall be subject to
approval by the second meeting of the Conference of the Parties; the Conference
of the Parties may adopt further terms of reference for the Committee.

6.            The
Committee shall make every effort to adopt its recommendations by consensus. If
all efforts at consensus have been exhausted and no consensus is reached, such
recommendations shall as a last resort be adopted by a three‑fourths
majority vote of the members present and voting, based on a quorum of
two-thirds of the members.

Article
16

Health
aspects

1.            Parties
are encouraged to:

(a) Promote the development and implementation of strategies and
programmes to identify and protect populations at risk,
particularly vulnerable populations, and which may include adopting
science-based health guidelines relating to the exposure to mercury and mercury
compounds, setting targets for mercury exposure reduction, where appropriate,
and public education, with the participation of public health and other
involved sectors;

(b)            Promote the development and implementation of
science-based educational and preventive programmes on occupational exposure to
mercury and mercury compounds;

(c) Promote appropriate health-care services for prevention,
treatment and care for populations affected by the exposure to mercury or
mercury compounds; and

(d)            Establish and strengthen, as appropriate, the
institutional and health professional capacities for the prevention, diagnosis, treatment and monitoring of health risks related to the
exposure to mercury and mercury compounds.

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

(a) Consult and collaborate with the World Health Organization, the
International Labour Organization and other relevant intergovernmental
organizations, as appropriate; and

(b)            Promote cooperation and exchange of information with
the World Health Organization, the International Labour Organization and other
relevant intergovernmental organizations, as appropriate.

Article
17

Information
exchange

1.            Each
Party shall facilitate the exchange of:

(a) Scientific, technical, economic and legal information concerning
mercury and mercury compounds, including toxicological, ecotoxicological and safety
information;

(b)            Information on the reduction or elimination of the
production, use, trade, emissions and releases of mercury and mercury
compounds;

(c) Information on technically and economically viable alternatives
to:

(i)       Mercury-added products;

(ii)       Manufacturing processes in which mercury or mercury
compounds are used; and

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

including information on the health and
environmental risks and economic and social costs and benefits of such
alternatives; and

(d)            Epidemiological information concerning health impacts
associated with exposure to mercury and mercury compounds, in close cooperation with the World Health Organization and other
relevant organizations, as appropriate.

2.            Parties
may exchange the information referred to in paragraph 1 directly, through the
Secretariat, or in cooperation with other relevant organizations, including the
secretariats of chemicals and wastes conventions, as appropriate.

3.            The
Secretariat shall facilitate cooperation in the exchange of information
referred to in this Article, as well as with relevant organizations, including
the secretariats of multilateral environmental agreements and other
international initiatives.  In addition to information from Parties, this
information shall include information from intergovernmental and
non-governmental organizations with expertise in the area of mercury, and from
national and international institutions with such expertise.

4.            Each
Party shall designate a national focal point for the exchange of information
under this Convention, including with regard to the consent of importing
Parties under Article 3.

5.            For
the purposes of this Convention, information on the health and safety of humans
and the environment shall not be regarded as confidential. Parties that
exchange other information pursuant to this Convention shall protect any
confidential information as mutually agreed.

Article
18

Public
information, awareness and education

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

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

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

(ii)       Alternatives to mercury and mercury compounds;

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

(iv)      The results of its research, development and monitoring
activities under Article 19; and

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

(b)            Education, training and public awareness related to
the effects of exposure to mercury and mercury compounds on human health and
the environment in collaboration with relevant intergovernmental and non‑governmental
organizations and vulnerable populations, as appropriate.

2.            Each
Party shall use existing mechanisms or give consideration to the development of
mechanisms, such as pollutant release and transfer registers where applicable,
for the collection and dissemination of information on estimates of its annual
quantities of mercury and mercury compounds that are emitted, released or
disposed of through human activities.

Article
19

Research,
development and monitoring

1.            Parties
shall endeavour to cooperate to develop and improve, taking into account their
respective circumstances and capabilities:

(a) Inventories of use, consumption, and anthropogenic emissions to
air and releases to water and land of mercury and mercury compounds;

(b)            Modelling and geographically representative
monitoring of levels of mercury and mercury compounds in vulnerable populations and in
environmental media, including biotic media such as fish, marine mammals, sea
turtles and birds, as well as collaboration in the collection and exchange of
relevant and appropriate samples;

(c) Assessments of
the impact of mercury and mercury compounds on human health and the
environment, in addition to social, economic and cultural impacts, particularly
in respect of vulnerable populations;

(d)            Harmonized methodologies for the activities undertaken under subparagraphs
(a), (b) and (c);

(e) Information on the environmental cycle, transport (including
long-range transport and deposition), transformation and fate of mercury and mercury compounds in a
range of ecosystems, taking appropriate account of the distinction between
anthropogenic and natural emissions and releases of mercury and of
remobilization of mercury from historic deposition;

(f) Information on
commerce and trade in mercury and mercury compounds and mercury‑added
products; and

(g) Information and research on the technical and economic availability
of mercury-free products and processes and on best available techniques and best environmental practices to reduce and
monitor emissions and releases of mercury and mercury compounds.

2.            Parties should, where appropriate, build on existing monitoring
networks and research programmes in undertaking the activities identified in paragraph 1.

Article
20

Implementation
plans

1.            Each Party may,
following an initial assessment, develop and execute an implementation plan,
taking into account its domestic circumstances, for meeting the obligations
under this Convention. Any such plan should be transmitted to the Secretariat
as soon as it has been developed.

2.            Each
Party may review and update its implementation plan, taking into account its
domestic circumstances and referring to guidance from the Conference of the
Parties and other relevant guidance.

3.            Parties
should, in undertaking work in paragraphs 1 and 2, consult national stakeholders to facilitate the
development, implementation, review and updating of their implementation plans.

4.            Parties
may also coordinate on regional plans to facilitate implementation of this
Convention.

Article
21

Reporting

1.            Each
Party shall report to the Conference of the Parties, through the Secretariat,
on the measures it has taken to implement the provisions of this Convention and
on the effectiveness of such measures and the possible challenges in meeting the objectives of the Convention.

2.            Each
Party shall include in its reporting the information as called for in Articles
3, 5, 7, 8 and 9 of this Convention.

3.            The
Conference of the Parties shall, at its first meeting, decide upon the timing
and format of the reporting to be followed by the Parties, taking into account
the desirability of coordinating reporting with other relevant chemicals and
wastes conventions.

Article
22

Effectiveness
evaluation

1.            The
Conference of the Parties shall evaluate the effectiveness of this Convention,
beginning no later than six years after the date of entry into force of the
Convention and periodically thereafter at intervals to be decided by it.

2.            To
facilitate the evaluation, the Conference of the Parties shall, at its first
meeting, initiate the establishment of arrangements for providing itself with
comparable monitoring data on the presence and movement of mercury and mercury
compounds in the environment as well as trends in levels of mercury and mercury
compounds observed in biotic media and vulnerable populations.

3.            The
evaluation shall be conducted on the basis of available scientific,
environmental, technical, financial and economic information, including:

(a) Reports and other monitoring information provided to the
Conference of the Parties pursuant to paragraph 2;

(b)            Reports submitted pursuant to Article 21;

(c) Information and recommendations provided pursuant to Article 15;
and

(d)            Reports and other relevant information on the
operation of the financial assistance, technology transfer and
capacity-building arrangements put in place under this Convention.

Article
23

Conference
of the Parties

1.            A
Conference of the Parties is hereby established.

2.            The
first meeting of the Conference of the Parties shall be convened by the
Executive Director of the United Nations Environment Programme no later than
one year after the date of entry into force of this Convention. Thereafter,
ordinary meetings of the Conference of the Parties shall be held at regular
intervals to be decided by the Conference.

3.            Extraordinary
meetings of the Conference of the Parties shall be held at such other times as
may be deemed necessary by the Conference, or at the written request of any
Party, provided that, within six months of the request being communicated to
the Parties by the Secretariat, it is supported by at least one third of the
Parties.

4.            The
Conference of the Parties shall by consensus agree upon and adopt at its first
meeting rules of procedure and financial rules for itself and any of its
subsidiary bodies, as well as financial provisions governing the functioning of
the Secretariat.

5.            The
Conference of the Parties shall keep under continuous review and evaluation the
implementation of this Convention. It shall perform the functions assigned to
it by this Convention and, to that end, shall:

(a) Establish such subsidiary bodies as it considers necessary for
the implementation of this Convention;

(b)            Cooperate, where appropriate, with competent
international organizations and intergovernmental and non-governmental bodies;

(c) Regularly review all information made available to it and to the
Secretariat pursuant to Article 21;

(d)            Consider any recommendations submitted to it by the
Implementation and Compliance Committee;

(e) Consider and undertake any additional action that may be
required for the achievement of the objectives of this Convention; and

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

6.            The
United Nations, its specialized agencies and the International Atomic Energy
Agency, as well as any State not a Party to this Convention, may be represented
at meetings of the Conference of the Parties as observers. Any body or agency,
whether national or international, governmental or non‑governmental, that
is qualified in matters covered by this Convention and has informed the
Secretariat of its wish to be represented at a meeting of the Conference of the
Parties as an observer may be admitted unless at least one third of the Parties
present object. The admission and participation of observers shall be subject
to the rules of procedure adopted by the Conference of the Parties.

Article
24

Secretariat

1.            A
Secretariat is hereby
established.

2.            The
functions of the Secretariat
shall be:

(a) To make arrangements for meetings of the Conference of the
Parties and its subsidiary bodies and to provide them with services as required;

(b)            To facilitate assistance to Parties, particularly
developing country Parties and Parties with economies in transition, on
request, in the implementation of this Convention;

(c) To coordinate, as appropriate, with the secretariats of relevant
international bodies, particularly other chemicals and waste conventions;

(d)            To assist Parties in the exchange of information
related to the implementation of this Convention;

(e) To prepare and make available to the Parties periodic reports
based on information received pursuant to Articles 15 and 21 and other
available information;

(f) To enter, under the overall guidance of the Conference of the
Parties, into such administrative and contractual arrangements as may be
required for the effective discharge of its functions; and

(g) To perform the other secretariat functions specified in this
Convention and such other functions as may be determined by the Conference of
the Parties.

3.            The
secretariat functions for this
Convention shall be performed by the Executive Director of the United Nations Environment Programme, unless the Conference
of the Parties decides, by a three-fourths majority of the Parties present and
voting, to entrust the secretariat functions to one or more other international organizations.

4.            The
Conference of the Parties, in consultation with appropriate international
bodies, may provide for enhanced cooperation and coordination between the
Secretariat and the secretariats of other chemicals and wastes conventions. The Conference of the Parties, in
consultation with appropriate international bodies, may provide further
guidance on this matter.

Article 25

Settlement of disputes

1.            Parties
shall seek to settle any dispute between them concerning the interpretation or
application of this Convention through negotiation or other peaceful means of
their own choice.

2.            When
ratifying, accepting, approving or acceding to this Convention, or at any time
thereafter, a Party that is not a regional economic integration organization
may declare in a written instrument submitted to the Depositary that, with
regard to any dispute concerning the interpretation or application of this
Convention, it recognizes one or both of the following means of dispute
settlement as compulsory in relation to any Party accepting the same
obligation:

(a) Arbitration in accordance with the procedure set out in Part I
of Annex E;

(b)            Submission of the dispute to the International Court of Justice.

3.            A
Party that is a regional economic integration organization may make a
declaration with like effect in relation to arbitration in accordance with
paragraph 2.

4.            A
declaration made pursuant to paragraph 2 or 3 shall remain in force until it
expires in accordance with its terms or until three months after written notice
of its revocation has been deposited with the Depositary.

5.            The
expiry of a declaration, a notice of revocation or a new declaration shall in
no way affect proceedings pending before an arbitral tribunal or the
International Court of Justice, unless the parties to the dispute otherwise
agree.

6.            If
the parties to a dispute have not accepted the same means of dispute settlement
pursuant to paragraph 2 or 3, and if they have not been able to settle their
dispute through the means mentioned in paragraph 1 within twelve months
following notification by one Party to another that a dispute exists between
them, the dispute shall be submitted to a conciliation commission at the
request of any party to the dispute. The procedure set out in Part II of Annex E
shall apply to conciliation under this Article.

Article
26

Amendments
to the Convention

1.            Amendments to this Convention may be
proposed by any Party.

2.            Amendments
to this Convention shall be adopted at a meeting of the Conference of the
Parties. The text of any proposed amendment shall be communicated to the Parties by the Secretariat at least
six months before the meeting at which it is proposed for adoption. The
Secretariat shall also communicate the proposed amendment to the signatories to
this Convention and, for information, to the Depositary.

3.            The
Parties shall make every effort to reach agreement on any proposed amendment to
this Convention by consensus. If all efforts at consensus have been exhausted,
and no agreement reached, the amendment shall as a last resort be adopted by a
three-fourths majority vote of the Parties present and voting at the meeting.

4.            An
adopted amendment shall be communicated by the Depositary to all Parties for
ratification, acceptance or approval.

5.            Ratification,
acceptance or approval of an amendment shall be notified to the Depositary in
writing. An amendment adopted
in accordance with paragraph 3 shall enter into force for the Parties having
consented to be bound by it on the ninetieth day after the date of deposit of
instruments of ratification, acceptance or approval by at least three-fourths
of the Parties that were Parties at the time at which the amendment was
adopted. Thereafter, the amendment shall enter into force for any other Party
on the ninetieth day after the date on which that Party deposits its instrument
of ratification, acceptance or approval of the amendment.

Article
27

Adoption
and amendment of annexes

1.            Annexes
to this Convention shall form an integral part thereof and, unless expressly
provided otherwise, a reference to this Convention constitutes at the same time
a reference to any annexes thereto.

2.            Any
additional annexes adopted after the entry into force of this Convention shall
be restricted to procedural, scientific, technical or administrative matters.

3.            The
following procedure shall apply
to the proposal, adoption and entry into force of additional annexes to this
Convention:

(a) Additional annexes shall be proposed and adopted according to
the procedure laid down in paragraphs 1–3 of Article
26;

(b)            Any Party that is unable to accept an additional
annex shall so notify the Depositary, in writing, within one year from the date
of communication by the Depositary of the adoption of such annex. The Depositary shall without delay notify all Parties of any such notification
received. A Party may at any time notify the Depositary, in writing, that it
withdraws a previous notification of non‑acceptance in respect of an
additional annex, and the annex shall thereupon enter into force for that Party
subject to subparagraph (c); and

(c) On the expiry of one year from the date of the communication by
the Depositary of the adoption of an additional annex, the annex shall enter into force for all Parties
that have not submitted a notification of non-acceptance in accordance with the
provisions of subparagraph (b).

4.            The
proposal, adoption and entry into force of amendments to annexes to this
Convention shall be subject to the same procedures as for the proposal,
adoption and entry into force of additional annexes to the Convention, except
that an amendment to an annex shall not enter into force with regard to any
Party that has made a declaration with regard to amendment of annexes in
accordance with paragraph 5 of Article 30, in which case any such amendment
shall enter into force for such a Party on the ninetieth day after the date it
has deposited with the Depositary its instrument of ratification, acceptance,
approval or accession with respect to such amendment.

5.            If an additional annex or an amendment to an
annex is related to an amendment to this Convention, the additional annex or
amendment shall not enter into force until such time as the amendment to the
Convention enters into force.

Article 28

Right to vote

1.            Each
Party to this Convention shall have one vote, except as provided for in
paragraph 2.

2.            A
regional economic integration organization, on matters within its competence,
shall exercise its right to vote with a number of votes equal to the number of its member States that are Parties to this
Convention. Such an organization shall not exercise its right to vote if any of
its member States exercises its right to vote, and vice versa.

Article 29

Signature

This Convention shall be opened for signature at Kumamoto, Japan by
all States and regional economic integration organizations on 10 and 11 October
2013, and thereafter at the United Nations Headquarters in New York until 9
October 2014.

Article
30

Ratification,
acceptance, approval or accession

1.            This
Convention shall be subject to ratification, acceptance or approval by States
and by regional economic integration organizations. It shall be open for
accession by States and by regional economic integration organizations from the
day after the date on which the Convention is closed for signature. Instruments
of ratification, acceptance, approval or accession shall be deposited with the
Depositary.

2.            Any
regional economic integration organization that becomes a Party to this
Convention without any of its member States being a Party shall be bound by all
the obligations under the Convention. In the case of such organizations, one or
more of whose member States is a Party to this Convention, the organization and
its member States shall decide on their respective responsibilities for the
performance of their obligations under the Convention. In such cases, the
organization and the member States shall not be entitled to exercise rights
under the Convention concurrently.

3.            In
its instrument of ratification, acceptance, approval or accession, a regional
economic integration organization shall declare the extent of its competence in
respect of the matters governed by this Convention. Any such organization shall
also inform the Depositary, who shall in turn inform the Parties, of any
relevant modification of the extent of its competence.

4.            Each State or regional economic integration organization is
encouraged to transmit to the Secretariat at the time of its ratification, acceptance, approval or
accession of the Convention information on its measures to implement the
Convention.

5.            In
its instrument of ratification, acceptance, approval or accession, any Party
may declare that, with regard to it, any amendment to an annex shall enter into
force only upon the deposit of its instrument of ratification, acceptance, approval
or accession with respect thereto.

Article
31

Entry
into force

1.            This
Convention shall enter into force on the ninetieth day after the date of
deposit of the fiftieth instrument of ratification, acceptance, approval or
accession.

2.            For
each State or regional economic integration organization that ratifies, accepts
or approves this Convention or accedes thereto after the deposit of the
fiftieth instrument of ratification, acceptance, approval or accession, the
Convention shall enter into force on the ninetieth day after the date of
deposit by such State or regional economic integration organization of its
instrument of ratification, acceptance, approval or accession.

3.            For
the purposes of paragraphs 1 and 2, any instrument deposited by a regional economic
integration organization shall not be counted as additional to those deposited
by member States of that organization.

Article 32

Reservations

No reservations may be made to this Convention.

Article
33

Withdrawal

1.            At
any time after three years from the date on which this Convention has entered
into force for a Party, that Party may withdraw from the Convention by giving
written notification to the Depositary.

2.            Any
such withdrawal shall take effect upon expiry of one year from the date of receipt
by the Depositary of the notification of withdrawal, or on such later date as
may be specified in the notification of withdrawal.

Article 34

Depositary

The Secretary-General of the United Nations shall be the Depositary
of this Convention.

Article 35

Authentic texts

The original of this Convention, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall be
deposited with the Depositary.

IN WITNESS
WHEREOF the undersigned, being duly authorized to that effect, have signed this
Convention.

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

Annex A

Mercury-added products

The following products are excluded
from this Annex:

Products
essential for civil protection and military uses;

Products for
research, calibration of instrumentation, for use as reference standard;

Where no
feasible mercury-free alternative for replacement is available,  switches and
relays, cold cathode fluorescent lamps and external electrode fluorescent lamps
(CCFL and EEFL) for electronic
displays, and measuring devices;

Products used
in traditional or religious practices; and

Vaccines
containing thiomersal as preservatives.

Part
I: Products subject to Article 4, paragraph 1

Mercury-added Products || Date after which the manufacture, import or export of the product shall not be allowed (phase-out date)

Batteries, except for button zinc silver oxide batteries with a mercury content < 2%, button zinc air batteries with a mercury content  < 2% || 2020

Switches and relays, except very high accuracy capacitance and loss measurement bridges and high frequency radio frequency switches and relays in monitoring and control instruments with a maximum mercury content of 20 mg per bridge, switch or relay || 2020

Compact fluorescent lamps (CFLs) for general lighting purposes  that are ≤ 30 watts with a mercury content exceeding 5 mg per lamp burner || 2020

Linear fluorescent lamps (LFLs) for general lighting purposes: (a) Triband phosphor < 60 watts with a mercury content exceeding 5 mg per lamp; (b) Halophosphate phosphor ≤ 40 watts with a mercury content exceeding 10 mg per lamp || 2020

High pressure mercury vapour lamps (HPMV) for general lighting purposes || 2020

Mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFL and EEFL) for electronic displays: (a) short length (≤ 500 mm) with mercury content exceeding 3.5mg per lamp (b) medium length (> 500 mm and ≤ 1 500 mm) with mercury content exceeding 5 mg per lamp (c) long length (> 1 500 mm) with mercury content exceeding 13 mg per lamp || 2020

Cosmetics (with mercury content above 1ppm), including skin lightening soaps and creams, and not including eye area cosmetics where mercury is used as a preservative and no effective and safe substitute preservatives are available1/ ||  2020

Pesticides, biocides and topical antiseptics || 2020

The following non-electronic measuring devices except non-electronic measuring devices installed in large-scale equipment or those used for high precision measurement, where no suitable mercury-free alternative is available: (a) barometers; (b) hygrometers; (c) manometers; (d) thermometers; (e) sphygmomanometers. || 2020

___________________________________________________________________

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

Part II: Products
subject to Article 4, paragraph 3

Mercury-added products || Provisions

Dental amalgam || Measures to be taken by a Party to phase down the use of dental amalgam shall take into account the Party’s domestic circumstances and relevant international guidance and shall include two or more of the measures from the following list: (i) Setting national objectives aiming at dental caries prevention and health promotion, thereby minimizing the need for dental restoration; (ii)    Setting national objectives aiming at minimizing its use; (iii)   Promoting the use of cost-effective and clinically effective mercury‑free alternatives for dental restoration; (iv)   Promoting research and development of quality mercury-free materials for dental restoration; (v)    Encouraging representative professional organizations and dental schools to educate and train dental professionals and students on the use of mercury-free dental restoration alternatives and on promoting best management practices; (vi)   Discouraging insurance policies, and programmes that favour dental amalgam use over mercury‑free dental restoration; (vii)  Encouraging insurance policies and programmes that favour the use of quality alternatives to dental amalgam for dental restoration; (viii)  Restricting the use of dental amalgam to its encapsulated form; (ix)   Promoting the use of best environmental practices in dental facilities to reduce releases of mercury and mercury compounds to water and land.

Annex B

Manufacturing processes in which mercury
or mercury compounds are used

Part I: Processes subject to Article 5, paragraph 2

Manufacturing processes using mercury or mercury compounds || Phase-out date

Chlor-alkali production || 2025

Acetaldehyde production in which mercury or mercury compounds are used as a catalyst || 2018

Part II:  Processes
subject to Article 5, paragraph 3

Mercury using process || Provisions

Vinyl chloride monomer production   || Measures to be taken by the Parties shall include but not be limited to: (i) Reduce the use of mercury in terms of per unit production by 50% by the year 2020 against 2010 use; (ii) Promoting measures to reduce the reliance on mercury from primary mining; (iii) Taking measures to reduce emissions and releases of mercury to the environment; (iv) Supporting research and development in respect of mercury-free catalysts and processes; (v) Not allowing the use of mercury five years after the Conference of the Parties has established that mercury-free catalysts based on existing processes have become technically and economically feasible; (vi) Reporting to the Conference of the Parties on its efforts to develop and/or identify alternatives and phase out mercury use in accordance with Article 21.

Sodium or Potassium Methylate or Ethylate || Measures to be taken by the Parties shall include but not be limited to : (i) Measures to reduce the use of mercury aiming at the phase out of this use as fast as possible and within 10 years of the entry into force of the Convention; (ii) Reduce emissions and releases in terms of per unit production by 50 percent by 2020 compared to 2010; (iii) Prohibiting the use of fresh mercury from primary mining; (iv) Supporting research and development in respect of mercury-free processes;  (v) Not allowing the use of mercury five years after the Conference of the Parties has established that mercury-free processes have become technically and economically feasible; (vi) Reporting to the Conference of the Parties on its efforts to develop and/or identify alternatives and phase out mercury use in accordance with Article 21.

Production of polyurethane using mercury containing catalysts || Measures to be taken by the Parties shall include but not be limited to: (i) Taking measures to reduce the use of mercury, aiming at the phase out of this use as fast as possible, within 10 years of the entry into force of the Convention; (ii) Taking measures to reduce the reliance on mercury from primary mercury mining; (iii) Taking measures to reduce emissions and releases of mercury to the environment; (iv) Encouraging research and development in respect of mercury-free catalysts and processes; (v) Reporting to the Conference of the Parties on its efforts to develop and/or identify alternatives and phase out mercury use in accordance with Article 21; Paragraph 6 of Article 5 shall not apply to this manufacturing process.

Annex C

Artisanal and
small-scale gold mining

National action plans

1.          Each Party that is subject to the provisions of
paragraph 3 of Article 7 shall include in its national action plan:

(a)  National objectives and
reduction targets;

(b) Actions to eliminate:

(i)          Whole
ore amalgamation;

(ii)         Open
burning of amalgam or processed amalgam;

(iii)        Burning
of amalgam in residential areas; and

(iv)        Cyanide leaching in sediment, ore or tailings to which mercury
has been added without first removing the mercury;

(c)  Steps
to facilitate the formalization or regulation of the artisanal and small-scale
gold mining sector;

(d) Baseline
estimates of the quantities of mercury used and the practices employed in
artisanal and small‑scale gold mining and processing within its territory;

(e)  Strategies
for promoting the reduction of emissions and releases of, and exposure to,
mercury in artisanal and small-scale gold mining and processing, including
mercury-free methods;

(f)
Strategies for managing trade and preventing the diversion of mercury and
mercury compounds from both foreign and domestic sources to use in artisanal
and small scale gold mining and processing.

(g) Strategies
for involving stakeholders in the implementation and continuing development of
the national action plan;

(h) A
public health strategy on the exposure of artisanal and small-scale gold miners
and their communities to mercury. Such a strategy should include, inter alia,
the gathering of health data, training for health-care workers and
awareness-raising through health facilities;

(i)   Strategies
to prevent the exposure of vulnerable populations, particularly children and
women of child-bearing age, especially pregnant women, to mercury used in
artisanal and small-scale gold mining;

(j)   Strategies
for providing information to artisanal and small-scale gold miners and affected
communities; and

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

2.          Each Party may include in its national action
plan additional strategies to achieve its objectives, including the use or
introduction of standards for mercury-free artisanal and small-scale gold
mining and market-based mechanisms or marketing tools.

Annex D

List of point
sources of emissions of mercury and mercury compounds to the atmosphere

Point source category:

Coal-fired
power plants;

Coal-fired
industrial boilers;

Smelting and
roasting processes used in the production of non-ferrous
metals1/;

Waste
incineration facilities;

Cement
clinker production facilities.

______________________

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

Annex E

Arbitration and conciliation procedures

Part I: Arbitration procedure

The arbitration procedure for purposes of paragraph 2 (a) of Article
25 of this Convention shall be as follows:

Article 1

1.      A Party
may initiate recourse to arbitration in accordance with Article 25 of this
Convention by written notification addressed to the other party or parties to
the dispute. The notification shall be accompanied by a statement of claim,
together with any supporting documents. Such notification shall state the
subject matter of arbitration and include, in particular, the Articles of this
Convention the interpretation or application of which are at issue.

2.         The
claimant party shall notify the Secretariat that it is referring a dispute to
arbitration pursuant to Article 25 of this Convention. The notification shall
be accompanied by the written notification of the claimant party, the statement
of claim, and the supporting documents referred to in paragraph 1 above. The
Secretariat shall forward the information thus received to all Parties.

Article 2

1.         If a
dispute is referred to arbitration in accordance with Article 1 above, an arbitral
tribunal shall be established. It shall consist of three members.

2.         Each
party to the dispute shall appoint an arbitrator, and the two arbitrators so
appointed shall designate by agreement the third arbitrator, who shall be the
President of the tribunal. In disputes between more than two parties, parties
in the same interest shall appoint one arbitrator jointly by agreement. The
President of the tribunal shall not be a national of any of the parties to the
dispute, nor have his or her usual place of residence in the territory of any
of these parties, nor be employed by any of them, nor have dealt with the case
in any other capacity.

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

Article 3

1.         If
one of the parties to the dispute does not appoint an arbitrator within two
months of the date on which the respondent party receives the notification of
the arbitration, the other party may inform the Secretary-General of the United
Nations, who shall make the designation within a further two-month period.

2.         If
the President of the arbitral tribunal has not been designated within two
months of the date of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of a party, designate
the President within a further two‑month period.

Article 4

The arbitral tribunal shall render its decisions in accordance with
the provisions of this Convention and international law.

Article 5

Unless the parties to the dispute otherwise agree, the arbitral
tribunal shall determine its own rules of procedure.

Article 6

The arbitral tribunal may, at the request of one of the parties to
the dispute, recommend essential interim measures of protection.

Article 7

The parties to the dispute shall facilitate the work of
the arbitral tribunal and, in particular, using all means at their disposal,
shall:

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

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

Article 8

The parties to the dispute and the arbitrators are under an
obligation to protect the confidentiality of any information or documents that
they receive in confidence during the proceedings of the arbitral tribunal.

Article 9

Unless the arbitral tribunal determines otherwise because of the
particular circumstances of the case, the costs of the tribunal shall be borne
by the parties to the dispute in equal shares. The tribunal shall keep a record
of all its costs and shall furnish a final statement thereof to the parties.

Article 10

A Party that has an interest of a legal nature in the subject matter
of the dispute that may be affected by the decision may intervene in the
proceedings with the consent of the arbitral tribunal.

Article 11

The arbitral tribunal may hear and determine counterclaims arising
directly out of the subject matter of the dispute.

Article 12

Decisions of the arbitral tribunal on both procedure and substance
shall be taken by a majority vote of its members.

Article 13

1.         If
one of the parties to the dispute does not appear before the arbitral tribunal
or fails to defend its case, the other party may request the tribunal to
continue the proceedings and to make its decision. Absence of a party or a
failure of a party to defend its case shall not constitute a bar to the
proceedings.

2.         Before
rendering its final decision, the arbitral tribunal must satisfy itself that
the claim is well founded in fact and law.

Article 14

The arbitral tribunal shall render its final decision within five
months of the date on which it is fully constituted, unless it finds it
necessary to extend the time limit for a period that should not exceed five
more months.

Article 15

The final decision of the arbitral tribunal shall be confined to the
subject matter of the dispute and shall state the reasons on which it is based.
It shall contain the names of the members who have participated and the date of
the final decision. Any member of the tribunal may attach a separate or
dissenting opinion to the final decision.

Article 16

The final decision shall be binding on the parties to the dispute.
The interpretation of this Convention given by the final decision shall also be
binding upon a Party intervening under Article 10 above insofar as it relates
to matters in respect of which that Party intervened. The final decision shall
be without appeal unless the parties to the dispute have agreed in advance to
an appellate procedure.

Article 17

Any disagreement that may arise between those bound by the final decision
in accordance with Article 16 above, as regards the interpretation or manner of
implementation of that final decision, may be submitted by any of them for
decision to the arbitral tribunal that rendered it.

Part II: Conciliation procedure

The conciliation procedure for purposes of paragraph 6 of Article 25
of this Convention shall be as follows:

Article 1

A request by a party to a dispute to establish a conciliation
commission pursuant to paragraph 6 of Article 25 of this Convention shall be
addressed in writing to the Secretariat, with a copy to the other party or
parties to the dispute. The Secretariat shall forthwith inform all Parties
accordingly.

Article 2

1.         The
conciliation commission shall, unless the parties to the dispute otherwise
agree, comprise three members, one appointed by each party concerned and a
President chosen jointly by those members.

2.         In disputes between more than
two parties, parties in the same interest shall appoint their member of the
commission jointly by agreement.

Article 3

If any appointment by
the parties to the dispute is not made within two months of the date of receipt
by the Secretariat of the written request referred to in Article 1 above, the
Secretary-General of the United Nations shall, upon request by any party, make
such appointment within a further two‑month period.

Article 4

If the President of the
conciliation commission has not been chosen within two months of the
appointment of the second member of the commission, the Secretary-General of
the United Nations shall, upon request by any party to the dispute, designate
the President within a further two-month period.

Article 5

The conciliation
commission shall assist the parties to the dispute in an independent and
impartial manner in their attempt to reach an amicable resolution.

Article 6

1.         The conciliation commission may
conduct the conciliation proceedings in such a manner as it considers
appropriate, taking fully into account the circumstances of the case and the
views the parties to the dispute may express, including any request for a swift
resolution. It may adopt its own rules of procedure as necessary, unless the
parties otherwise agree.

2.         The
conciliation commission may, at any time during the proceedings, make proposals
or recommendations for a resolution of the dispute.

Article 7

The parties to the
dispute shall cooperate with the conciliation commission. In particular, they
shall endeavour to comply with requests by the commission to submit written
materials, provide evidence and attend meetings. The parties and the members of
the conciliation commission are under an obligation to protect the
confidentiality of any information or documents they receive in confidence
during the proceedings of the commission.

Article 8

The conciliation
commission shall take its decisions by a majority vote of its members.

Article 9

Unless the dispute has
already been resolved, the conciliation commission shall render a report with
recommendations for resolution of the dispute no later than twelve months of
being fully constituted, which the parties to the dispute shall consider in
good faith.

Article 10

Any disagreement as to
whether the conciliation commission has competence to consider a matter
referred to it shall be decided by the commission.

Article 11

The costs of the conciliation commission shall be borne by the parties
to the dispute in equal shares, unless they agree otherwise. The commission
shall keep a record of all its costs and shall furnish a final statement
thereof to the parties.

|| ||