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Designed and printed by the Publishing Service, United Nations, Geneva — GE.14-00280 — March 2014 — 1,500 — UNEP/CHEMICALS/2014/1
TEXT AND ANNEXES

MINAMATA CONVENTION

ON MERCURY

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

authentic texts of the Minamata Convention on Mercury as deposited with 

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

Convention

www.mercuryconvention.org

October 2013

| 3

INTRODUCTION

In 2001, the Governing Council of the United Nations Environment 

Programme1 (UNEP) invited the Executive Director of UNEP to undertake a 

global assessment of mercury and its compounds, including information 

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

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

Governing Council considered this assessment and found that there was 

sufficient evidence of significant global adverse impacts from mercury and 

its compounds to warrant further international action to reduce the risks 

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

compounds to the environment. Governments were urged to adopt goals 

for the reduction of mercury emissions and releases and UNEP initiated 

technical assistance and capacity building activities to meet these goals. 

Mercury is recognized as a substance producing significant adverse 

neurological and other health effects, with particular concerns expressed 

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

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

decision that global action to address the problem of mercury pollution 

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

established and was further strengthened by governments in decisions of 

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

Governing Council concluded that the options of enhanced voluntary 

measures and new or existing international legal instruments would 

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

mercury issue. 

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

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

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

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

instrument. An intergovernmental negotiating committee to prepare a 

global legally binding instrument on mercury was therefore established, 

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

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

1

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

to the United Nations Environment Assembly.
| 4

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

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

to be taken into account while negotiating the text. 

In January 2013, the intergovernmental negotiating committee 

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

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

Plenipotentiaries on 10 October 2013 in Japan and was opened for 

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

health and the environment from anthropogenic emissions and releases 

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

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

and trade of mercury, including setting limitations on certain specific 

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

products and manufacturing processes in which mercury or mercury 

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

The text of the Convention includes separate articles on emissions and 

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

while allowing flexibility to accommodate national development plans. 

In addition, it contains measures on the environmentally sound interim 

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

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

developing countries and countries with economies in transition, and a 

financial mechanism for the provision of adequate, predictable and timely 

financial resources is defined. 

Governments are invited and encouraged to sign the Convention at 

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

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

Governments are also encouraged to work towards the implementation of 

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

entry into force. 

It is anticipated that coordinated implementation of the obligations 

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

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

protect human health and the environment from anthropogenic emissions 

and releases of mercury and mercury compounds. 
| 5

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 
| 6

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.
| 7

Article 2

Definitions

For the purposes of this Convention: 

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

conducted by individual miners or small enterprises with limited capital 

investment and production;

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

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

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

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

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

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

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

of protection of the environment as a whole;

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

given facility within the territory of that Party, those techniques 

developed on a scale that allows implementation in a relevant 

industrial sector under economically and technically viable 

conditions, taking into consideration the costs and benefits, 

whether or not those techniques are used or developed within 

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

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

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

and the ways in which installations are designed, built, 

maintained, operated and decommissioned;

(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; 
| 8

(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:
| 9

(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:
| 10

(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. 
| 11

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 
| 12

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 five years after the date of entry into force of the 

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

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

the measures taken under this paragraph.

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

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

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

collect and maintain information on mercury-added products and their 

alternatives, and shall make such information publicly available. The 

Secretariat shall also make publicly available any other relevant information 

submitted by Parties.

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

assembled products of mercury-added products the manufacture, import 

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

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

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

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

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

product demonstrates environmental  or human health benefits. A Party 

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

product, including any information on the environmental and human 
| 13

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

information publicly available.

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

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

to the availability, technical and economic feasibility and environmental 

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

product, taking into account information pursuant to paragraph 4. 

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

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

consider amendments to that Annex in accordance with Article 27.

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

Parties shall take into account at least:

(a) Any proposal submitted under paragraph 7; 

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

(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.
| 14

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 three years after the date of entry into force of the 

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

and the estimated annual amount of mercury or mercury compounds used 

in those facilities. The Secretariat shall make such information publicly 

available.

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

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

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

exemptions shall apply to such facilities.

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

other manufacturing process in which mercury or mercury compounds are 

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

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

of the Conference of the Parties that the manufacturing process provides 

significant environmental and health benefits and that there are no 

technically and economically feasible mercury-free alternatives available 

providing such benefits.
| 15

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 
| 16

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 

(c) 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.
| 17

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 determinesthe 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 
| 18

(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 
| 19

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 four years 

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

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

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

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

techniques and best environmental practices to control and, where 

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

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

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

of best available techniques.
| 20

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:

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

taking into account any difference between new and existing sources and 

the need to minimize cross-media effects; and

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

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

limit values. 

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

guidance on:
| 21

(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; 
| 22

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

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

released from a point source.

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

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

relevant point source categories.

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

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

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

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

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

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

include in it the plan prepared pursuant to this paragraph.

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

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

from relevant sources;

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

practices to control releases from relevant sources;

(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.
| 23

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 
| 24

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.
| 25

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.
| 26

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 
| 27

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. 
| 28

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
| 29

(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
| 30

(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.
| 31

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.
| 32

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 nongovernmental 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 
| 33

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; 
| 34

(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.
| 35

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.
| 36

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, 
| 37

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.
| 38

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.
| 39

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 
| 40

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 
| 41

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 
| 42

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.
| 43

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.
| 44

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.
ANNEXES
| 46

Annex A

Mercury-added products 

The following products are excluded from this Annex:

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

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

as reference standard;

(c) 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; 

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

(e) 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% and 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
| 47

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 3.5 mg 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.
| 48

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. 
| 49

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 per cent by the year 2020 against 

2010 use; 

(ii) Promoting measures to reduce the reliance on 

mercury from primary mining;

(iii) Taking measures to reduce emissions and releases 

of mercury to the environment;

(iv) Supporting research and development in respect 

of mercury-free catalysts and processes;

(v) Not allowing the use of mercury five years after 

the Conference of the Parties has established that 

mercury-free catalysts based on existing processes 

have become technically and economically 

feasible;

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

efforts to develop and/or identify alternatives and 

phase out mercury use in accordance with Article 21. 
| 50

Sodium or 

Potassium 

Methylate or 

Ethylate

Measures to be taken by the Parties shall include but 

not be limited to:

(i) Measures to reduce the use of mercury aiming 

at the phase out of this use as fast as possible 

and within 10 years of the entry into force of the 

Convention; 

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

production by 50 per cent by 2020 compared to 

2010;

(iii) Prohibiting the use of fresh mercury from primary 

mining;

(iv) Supporting research and development in respect 

of mercury-free processes;

(v) Not allowing the use of mercury five years after 

the Conference of the Parties has established that 

mercury-free processes have become technically 

and economically feasible;

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

efforts to develop and/or identify alternatives and 

phase out mercury use in accordance with Article 21.

Production of 

polyurethane using 

mercury containing 

catalysts 

Measures to be taken by the Parties shall include but 

not be limited to:

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

aiming at the phase out of this use as fast as 

possible, within 10 years of the entry into force of 

the Convention;

(ii) Taking measures to reduce the reliance on mercury 

from primary mercury mining;

(iii) Taking measures to reduce emissions and releases 

of mercury to the environment;

(iii) Encouraging research and development in respect 

of mercury-free catalysts and processes;

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

efforts to develop and/or identify alternatives and 

phase out mercury use in accordance with Article 21. 

Paragraph 6 of Article 5 shall not apply to this 

manufacturing process.
| 51

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 
| 52

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.
| 53

Annex D 

List of point sources of emissions of 

mercury and mercury compounds to the 

atmosphere

Point source category:

Coal-fired power plants;

Coal-fired industrial boilers;

 Smelting and roasting processes used in the production of 

non-ferrous metals; 1/

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. 
| 54

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.
| 55

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 SecretaryGeneral 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.
| 56

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.
| 57

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.
| 58

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.
| 59

Article 6

1. The conciliation commission may conduct the conciliation proceedings 

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

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

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

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

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

make proposals or recommendations for a resolution of the dispute.

Article 7

The parties to the dispute shall cooperate with the conciliation 

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

the commission to submit written materials, provide evidence and attend 

meetings. The parties and the members of the conciliation commission 

are under an obligation to protect the confidentiality of any information 

or documents they receive in confidence during the proceedings of the 

commission.

Article 8

The conciliation commission shall take its decisions by a majority vote 

of its members. 

Article 9

Unless the dispute has already been resolved, the conciliation 

commission shall render a report with recommendations for resolution of 

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

the parties to the dispute shall consider in good faith.

Article 10

Any disagreement as to whether the conciliation commission has 

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

commission.

Article 11

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

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

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

to the parties.

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