I. Opening of the meeting

1. The first meeting of the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade was held at the Geneva International Conference Centre, Switzerland, from 20 to 24 September 2004.

Note by the secretariat

Introduction

1. Article 18, paragraph 4, of the Rotterdam Convention states: "The Conference of the Parties shall by consensus agree upon and adopt at its first meeting rules of procedure and financial rules for itself and any subsidiary bodies, as well as financial provisions governing the functioning of the Secretariat."

Note by the secretariat

The secretariat is honoured to provide, for the information of the Conference of the Parties, a report by the Chair of the Intergovernmental Negotiating Committee for an International Legally Binding Instrument for the Application of the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade on the achievements of that Committee in the time leading up to the first meeting of the Conference of the Parties to the Rotterdam Convention. The report is annexed to the present note.

Note by the secretariat

I. Introduction

Note by the secretariat

Introduction

1. Article 8 of the Rotterdam Convention states: “For any chemical, other than a chemical listed in Annex III, that has been included in the voluntary Prior Informed Consent procedure before the date of the first meeting of the Conference of the Parties, the Conference of the Parties shall decide at that meeting to list the chemical in Annex III, provided that it is satisfied that all the requirements for listing in that Annex have been fulfilled.”

Note by the secretariat

Introduction

1. Article 8 of the Rotterdam Convention states “For any chemical, other than a chemical listed in Annex III, that has been included in the voluntary Prior Informed Consent procedure before the date of the first meeting of the Conference of the Parties, the Conference of the Parties shall decide at that meeting to list the chemical in Annex III, provided that it is satisfied that all the requirements for listing in that Annex have been fulfilled.”

Note by the secretariat

Introduction

1. Article 8 of the Rotterdam Convention states: “For any chemical, other than a chemical listed in Annex III, that has been included in the voluntary Prior Informed Consent procedure before the date of the first meeting of the Conference of the Parties, the Conference of the Parties shall decide at that meeting to list the chemical in Annex III, provided that it is satisfied that all the requirements for listing in that Annex have been fulfilled.”

Note by the secretariat

Introduction

1. Article 8 of the Rotterdam Convention states “For any chemical, other than a chemical listed in Annex III, that has been included in the voluntary Prior Informed Consent procedure before the date of the first meeting of the Conference of the Parties, the Conference of the Parties shall decide at that meeting to list the chemical in Annex III, provided that it is satisfied that all the requirements for listing in that Annex have been fulfilled.”

Note by the secretariat

Introduction

1. Article 8 of the Rotterdam Convention states: “For any chemical, other than a chemical listed in Annex III, that has been included in the voluntary Prior Informed Consent procedure before the date of the first meeting of the Conference of the Parties, the Conference of the Parties shall decide at that meeting to list the chemical in Annex III, provided that it is satisfied that all the requirements for listing in that Annex have been fulfilled.”

Note by the secretariat

Introduction

1. Article 8 of the Rotterdam Convention states: “For any chemical, other than a chemical listed in Annex III, that has been included in the voluntary Prior Informed Consent procedure before the date of the first meeting of the Conference of the Parties, the Conference of the Parties shall decide at that meeting to list the chemical in Annex III, provided that it is satisfied that all the requirements for listing in that Annex have been fulfilled.”

Note by the secretariat

Introduction

1. Article 8 of the Rotterdam Convention states: “For any chemical, other than a chemical listed in Annex III, that has been included in the voluntary Prior Informed Consent procedure before the date of the first meeting of the Conference of the Parties, the Conference of the Parties shall decide at that meeting to list the chemical in Annex III, provided that it is satisfied that all the requirements for listing in that Annex have been fulfilled.”

Note by the secretariat

Introduction

1. Article 8 of the Rotterdam Convention states: “For any chemical, other than a chemical listed in Annex III, that has been included in the voluntary Prior Informed Consent procedure before the date of the first meeting of the Conference of the Parties, the Conference of the Parties shall decide at that meeting to list the chemical in Annex III, provided that it is satisfied that all the requirements for listing in that Annex have been fulfilled.”

Note by the secretariat

Introduction

1. Article 8 of the Rotterdam Convention states: “For any chemical, other than a chemical listed in Annex III, that has been included in the voluntary Prior Informed Consent procedure before the date of the first meeting of the Conference of the Parties, the Conference of the Parties shall decide at that meeting to list the chemical in Annex III, provided that it is satisfied that all the requirements for listing in that Annex have been fulfilled.”

Note by the secretariat

Introduction

1. Article 8 of the Rotterdam Convention states: “For any chemical, other than a chemical listed in Annex III, that has been included in the voluntary Prior Informed Consent procedure before the date of the first meeting of the Conference of the Parties, the Conference of the Parties shall decide at that meeting to list the chemical in Annex III, provided that it is satisfied that all the requirements for listing in that Annex have been fulfilled.”

Note by the secretariat

Introduction

1. Article 8 of the Rotterdam Convention states: “For any chemical, other than a chemical listed in Annex III, that has been included in the voluntary Prior Informed Consent procedure before the date of the first meeting of the Conference of the Parties, the Conference of the Parties shall decide at that meeting to list the chemical in Annex III, provided that it is satisfied that all the requirements for listing in that Annex have been fulfilled.”

Note by the secretariat

1. Article 18, paragraph 4, of the Rotterdam Convention states: “The Conference of the Parties shall by consensus agree upon and adopt at its first meeting rules of procedure and financial rules for itself and any subsidiary bodies, as well as financial provisions governing the functioning of the Secretariat.”

Note by the secretariat

Introduction

1. Article 18, paragraph 6, of the Rotterdam Convention states that: “The Conference of the Parties shall, at its first meeting, establish a subsidiary body called the Chemical Review Committee for the purposes of performing the functions assigned to the Committee by this Convention.”

Note by the secretariat

Introduction

1. In article 13, paragraph 1, the Convention provides that “[t]he Conference of the Parties shall encourage the World Customs Organization to assign specific Harmonized System customs codes to the individual chemicals or groups of chemicals listed in Annex III, as appropriate. Each Party shall require that, whenever a code has been assigned to such a chemical, the shipping document for that chemical bears the code when exported.”

Note by the secretariat

1. In article 19, paragraph 3, the Rotterdam Convention provides as follows: “The secretariat functions for this Convention shall be performed jointly by the Executive Director of UNEP and the Director-General of FAO, subject to such arrangements as shall be agreed between them and approved by the Conference of the Parties.”

Note by the secretariat

1. In its article 17, the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention) states: “The Conference of the Parties shall, as soon as practicable, develop and approve procedures and institutional mechanisms for determining non-compliance with the provisions of this Convention and for treatment of Parties found to be in non-compliance.”

Note by the secretariat

1. The Intergovernmental Negotiating Committee at its ninth session invited the secretariat to prepare, for consideration at its tenth session, a draft decision of the first meeting of the Conference of the Parties on reporting and a questionnaire, reflecting the deliberations of the working group on compliance that considered the matter during the ninth session of the Committee. In pursuance of that decision, the secretariat submitted to the Committee at its tenth session a draft decision for the first meeting of the Conference of the Parties on reporting and a questionnaire as contained in the annex to document UNEP/PIC/INC/10/19.

Note by the secretariat

1. Article 20, paragraph 2, of the Rotterdam Convention provides that any Party that is not a regional economic integration organization may declare in a written statement that it recognizes one or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation:

Note by the secretariat

1. Article 20, paragraph 6, of the Rotterdam Convention states that "procedures relating to the conciliation commission shall be included in an annex to be adopted by the Conference of the Parties no later than the second meeting of the Conference.”

Note by the secretariat

Introduction

1. In article 19, paragraph 3, the Rotterdam Convention provides as follows: “The secretariat functions for this Convention shall be performed jointly by the Executive Director of UNEP and the Director-General of FAO, subject to such arrangements as shall be agreed between them and approved by the Conference of the Parties.”

Note by the secretariat

I. Introduction

1. At its seventh session, the Intergovernmental Negotiating Committee for an International Legally Binding Instrument for the Application of the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade considered issues associated with the discontinuation of the interim prior informed consent procedure. In decision INC-7/7, the Committee requested the secretariat to prepare a paper on such issues setting out options and their consequences, advantages and disadvantages in relation to the prior informed consent procedure (UNEP/FAO/PIC/INC.7/15, annex I).

Note by the secretariat

1. At its seventh session, the Intergovernmental Negotiating Committee for an International Legally Binding Instrument for the Application of the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade considered the issues associated with the discontinuation of the interim prior informed consent procedure. In decision 7/7 the Committee requested the secretariat to prepare a paper on the issues associated with the discontinuation of the interim PIC procedure and decided that it should include, among other matters, the date on which the interim PIC procedure should be discontinued, the nature of transitional measures; the possible need for measures for the treatment of States and regional economic integration organizations that participate in the interim prior informed consent procedure but which are not party to the Convention after the discontinuation of transitional measures; and measures to decide on the validity of notifications of final regulatory action, proposals regarding severely hazardous pesticide formulations and responses regarding future imports submitted during the original and interim prior informed consent procedure by States or regional economic integration organizations that participated in the interim procedure, but are not Parties when the Convention enters into force (UNEP/FAO/PIC/INC.7/15, annex I).

Note by the secretariat

Introduction

1. At the ninth session of the Intergovernmental Negotiating Committee, concerns were raised over inconsistencies within Annex III of the Convention and between Annex III and decision guidance documents. The secretariat was requested to prepare a paper on this issue, to be considered by the Interim Chemical Review Committee at its fourth session.

Note by the secretariat

1. At its seventh session, the Intergovernmental Negotiating Committee for an International Legally Binding Instrument for the Application of the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade considered the issues associated with the discontinuation of the interim prior informed consent (PIC) procedure. In its decision INC-7/7, the Committee requested the secretariat to prepare a paper on the issues associated with the discontinuation of the interim PIC procedure, setting out the options and their consequences, advantages and disadvantages in relation to the PIC procedure (annex I, UNEP/FAO/PIC/INC.7/15).

Note by the secretariat

Annexed to the present note is the text of an explanatory note on criterion (b) (iii) of Annex II of the Rotterdam Convention prepared by the interim Chemical Review Committee at its fifth session (Annex II UNEP/FAO/PIC/ICRC.5/15). The Committee agreed that this text should be forwarded to the future Chemical Review Committee for its consideration.

Note by the secretariat

1. In annex I to the present note, the secretariat is circulating a proposal on the regional delivery of technical assistance to the Parties to the Rotterdam Convention, which has been prepared at the request of the Intergovernmental Negotiating Committee, contained in paragraph 2 of its decision INC-10//7.

Note by the secretariat

1. At its ninth session, the Intergovernmental Negotiating Committee noted “the increasing links on trade issues between the Rotterdam Convention and the work of the World Trade Organization (WTO)” and “requested the secretariat to prepare a paper detailing the ongoing and planned cooperation with WTO on aspects of the Rotterdam Convention related to international trade.”

Note by the secretariat

1. Except as otherwise noted or where apparent from the context, the present report covers the period from 1 May 2003 to 30 April 2004.

Note by the secretariat

1. This note provides a brief description of certain activities undertaken by the Secretariat related to implementation of the Rotterdam Convention.

Note by the secretariat

1. In accordance with Article 18, paragraph 6, of the Convention, the Conference of the Parties is required to establish the Chemical Review Committee. This is scheduled to be considered under agenda item 6 (d) of the provisional agenda* (UNEP/FAO/RC/COP.1/17).

Note by the secretariat

The secretariat has the honour to submit to the Conference, in the annex to the present note, a joint proposal submitted by the Governments of Germany, Italy and Switzerland regarding the process for the selection of the physical location of the secretariat of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.