I. Opening of the meeting

1. The fifth 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 from 20 to 24 June 2011. 2. Ms. Noluzuko Gwayi (South Africa), President of the Conference, declared the meeting open at 10.25 a.m. on Monday, 20 June 2011.

1. Opening of the meeting.

2. Adoption of the agenda.

3. Organizational matters:

1. The fifth 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 will be held from 20 to 24 June 2011 at the Geneva International Conference Centre, 15 rue de Varembé, Geneva. The meeting will be opened at 10 a.m. on Monday, 20 June 2011.

Note by the Secretariat

1. The Secretariat, in consultation with Ms. Noluzuko Gwayi (South Africa), President 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, has prepared the present scenario note to assist representatives in preparing for the fifth meeting of the Conference of the Parties by communicating expectations for the meeting and highlighting key issues. The scenario outlined below suggests one of various possible approaches to the conduct of the meeting and is provided without prejudice to any decision that the Conference may wish to take on how it will organize its work.

Note by the Secretariat

1. The annex to the present note contains decision RC-1/1, by which the Conference of the Parties to the Rotterdam Convention adopted its rules of procedure as set forth in the annex to that decision, with the exception of the second sentence of paragraph 1 of rule 45.

1. At its fourth meeting, the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade reviewed a document prepared by the Secretariat on implementation issues (UNEP/FAO/RC/COP.4/11) that provided the results of an initial review of information collected over the previous 10 years and possible emerging trends over the previous five years in the implementation of the key provisions of the Convention. The document was intended to review progress and identify lessons that could be learned with regard to notifications of final regulatory action, severely hazardous pesticide formulations and import responses.

1. The annex to the present note sets out a detailed report by the Secretariat on progress achieved in the implementation of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade for consideration by the Conference of the Parties at its fifth meeting. The report provides information on the status of implementation of the Convention between 1 May 2008 and 31 October 2010, based on the requirements set out in the Convention.

Note by the Secretariat

1. At its third meeting, the Conference of the Parties to the Rotterdam Convention discussed whether to list chrysotile asbestos in Annex III to the Convention on the basis of the recommendation of the Chemical Review Committee. The Conference of the Parties was unable to reach agreement on whether to do so, however. Following that meeting, the Bureau requested the Secretariat to prepare for discussion at the fourth meeting of the Conference of the Parties a thought starter paper describing possible approaches within the framework of the Convention to chemicals recommended for listing in Annex III by the Chemical Review Committee but on which the Conference of the Parties was unable to reach consensus.

I. Confirmation of government-designated experts 1. By its decision RC-4/3, the Conference of the Parties identified the following 17 parties as those that would designate an expert to serve on the Chemical Review Committee for a period of four years commencing on 1 October 2009, pending the formal confirmation of the experts by the Conference of the Parties at its fifth meeting: African States: Côte d’Ivoire, Kenya, Mauritania, Sudan Asian and Pacific States: Iran (Islamic Republic of), Pakistan, Qatar, Yemen Central and Eastern European States: Armenia, Poland Latin American and Caribbean States: Ecuador, Jamaica, Peru Western European and other States: Canada, Netherlands, New Zealand, Spain

Note by the Secretariat

1. In accordance with paragraph 6 of Article 18 of the Rotterdam Convention and its decision RC 1/6, the Conference of the Parties established a subsidiary body, the Chemical Review Committee, with membership from each of the five United Nations regions. By that decision, for the purposes of the initial appointments of the experts to the Committee and to promote an orderly rotation of membership, one half of the experts from each region were nominated for an initial term of two years and the remaining experts from each region were nominated for an initial term of four years.

Note by the Secretariat

1. During the intersessional period since the fourth meeting of the Conference of the Parties to the Rotterdam Convention, the Chemical Review Committee met twice and, at the time of preparation of the present note, was scheduled to meet a third time. The Committee’s fifth meeting took place in Rome from 23 to 27 March 2009 and its sixth meeting was held in Geneva from 15 to 19 March 2010. Its seventh meeting is scheduled to take place in Rome from 28 March to 1 April 2011.

Addendum Report of the Chemical Review Committee on the work of its fifth meeting 1. The annex to the present note contains the report of the Chemical Review Committee on the work of its fifth meeting. Possible action by the Conference of the Parties 2. The Conference of the Parties may wish to take note of the report and consider any particular requests therein.

Addendum

Report of the Chemical Review Committee on the work of its seventh meeting
1. The annex to the present note contains the report of the Chemical Review Committee on the work of its seventh meeting.
Possible action by the Conference of the Parties
2. The Conference of the Parties may wish to take note of the report and consider any particular

1. In its decision RC-4/9, on national and regional delivery of technical assistance, the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade requested the Secretariat to support, subject to available resources, the activities proposed by the Secretariat in its programme for the regional and national delivery of technical assistance for 2009–2011, which included a proposal for the “development of a targeted programme to address the sound management of industrial chemicals focusing on the legal, regulatory and administrative infrastructure and framework required to support national multisectoral industrial chemicals management programmes”. It also requested the Secretariat to focus its technical assistance activities on issues and needs identified by developing countries and countries with economies in transition and to pay particular attention to the needs of parties in meeting the requirements of paragraph 2 of Article 10 of the Convention.

Note by the Secretariat

Introduction

1. By paragraph 1 of decision RC-3/3 on the inclusion of chrysotile asbestos in Annex III to the Rotterdam Convention, the Conference of the Parties decided that the agenda for its fourth meeting would include the further consideration of a draft decision (set out in annex I to the present note) to amend Annex III to the Convention to include the following chemical:

Note by the Secretariat

Introduction

1. By paragraph 5 of its decision RC-4/6 (set out in annex I to the present note), on the inclusion of endosulfan in Annex III to the Rotterdam Convention, the Conference of the Parties decided that the agenda for its fifth meeting would include further consideration of a draft decision to amend Annex III to the Convention to include the following chemical:

Note by the Secretariat

Introduction

1. Paragraphs 1 and 2 of Article 7 of the Rotterdam Convention provide that: 1. For each chemical that the Chemical Review Committee has decided to recommend for listing in Annex III, it shall prepare a draft decision guidance document. The decision guidance document should, at a minimum, be based on the information specified in Annex I, or, as the case may be, Annex IV, and include information on uses of the chemical in a category other than the category for which the final regulatory action applies.

Note by the Secretariat

Introduction

1. Paragraphs 1 and 2 of Article 7 of the Rotterdam Convention provide that: 1. For each chemical that the Chemical Review Committee has decided to recommend for listing in Annex III, it shall prepare a draft decision guidance document. The decision guidance document should, at a minimum, be based on the information specified in Annex I, or, as the case may be, Annex IV, and include information on uses of the chemical in a category other than the category for which the final regulatory action applies.

Note by the Secretariat

Introduction

1. Paragraphs 1 and 2 of Article 7 of the Rotterdam Convention provide that: 1. For each chemical that the Chemical Review Committee has decided to recommend for listing in Annex III, it shall prepare a draft decision guidance document. The decision guidance document should, at a minimum, be based on the information specified in Annex I, or, as the case may be, Annex IV, and include information on uses of the chemical in a category other than the category for which the final regulatory action applies.

Note by the Secretariat

1. Article 17 of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade reads as follows: 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.

Introduction

1. By paragraph 3 of its decision RC-4/8, the Conference of the Parties to the Rotterdam Convention requested the Secretariat to continue working with relevant partners such as the Global Environment Facility (GEF) and its implementing agencies and the United Nations Institute for Training and Research (UNITAR) in endeavouring to ensure that provisions relevant to the Rotterdam Convention were taken into account in the development of technical assistance projects and activities in follow up to decision RC-3/5 on the financial mechanism.

1. By its decision RC 4/9, on regional and national delivery of technical assistance, the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade requested the Secretariat to report to the Conference of the Parties at its next ordinary meeting on the experiences gained in the regional and national delivery of technical assistance, taking into account among other things the activities of donors and implementing organizations, information exchange on technical assistance activities and opportunities for joint activities with the secretariats of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the Stockholm Convention on Persistent Organic Pollutants and the Strategic Approach to International Chemicals Management.

1. By its decision RC-4/9, on national and regional delivery of technical assistance, the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade requested the Secretariat to prepare for consideration by the Conference of the Parties at its fifth meeting a detailed costed programme of activities for the regional and national delivery of technical assistance for the biennium 2012–2013, based on the level of resources likely to be available from all sources.

2. In response to the above request, the Secretariat prepared a draft programme of activities for the delivery of technical assistance, which is set out in the annex to the present note.

Possible action by the Conference of the Parties 3. The Conference of the Parties may wish: (a) To consider and approve the proposed programme of activities for the delivery of technical assistance for the biennium 2012–2013; (b) To encourage parties to contribute to the voluntary trust fund, thereby enabling the implementation of the planned activities.

Note by the Secretariat

Note by the Secretariat

1. The annex to the present note sets out a report prepared by the Secretariat on its activities during the period from 1 May 2008 to 31 October 2010, which were undertaken in accordance with its mandate under the Convention and as directed by the Conference of the Parties.

Possible action by the Conference of the Parties

2. The Conference of the Parties may wish: (a) To review and take note of the work undertaken by the Secretariat; (b) To take the work undertaken by the Secretariat into account when considering the draft budget for the biennium 2012–2013.

Note by the Secretariat

Introduction

1. By its decision RC-4/12 on financing and budget for the triennium 2009–2011, the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, among other things:

Note by the Secretariat

Introduction

1. At its fourth meeting, the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade adopted decision RC-4/12, on financing and budget for the triennium 2009–2011, in which, among other things, it requested the Executive Secretaries of the Convention Secretariat:

Note by the Secretariat

Addendum

Budget scenarios

1. In its decision RC-4/12, the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade requested the Secretariat to present for consideration by the Conference of the Parties a detailed proposal for the programme of work and budget for the biennium 2012–2013 according to three funding scenarios. The three budget scenarios are as follows:

Note by the Secretariat

1. Decision IX/10 of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, decision RC-4/11 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 and decision SC-4/34 of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants (the “synergies decisions”) are substantially identical decisions by which the conferences of the parties to the three conventions called for greater cooperation and coordination among the three conventions. In those decisions, the conferences of the parties agreed, among other things, to convene simultaneous extraordinary meetings of the three conferences, at which the parties would discuss the matters listed in paragraph 3 of part V of the synergies decisions, relating to cooperation and coordination among the conventions.

Addendum

Note by the Secretariat

Introduction
1. Decisions BC.Ex-1/1 of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, RC.Ex-1/1 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 and SC.Ex 1/1 of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants (the “omnibus decisions”) were adopted by the conferences of the parties to the three conventions at their simultaneous extraordinary meetings, in February 2010. In section I of those decisions, on joint activities, the conferences of the parties invited various stakeholders to undertake cooperative and coordinated activities to implement decision IX/10 of the Conference of the Parties to the Basel Convention, decision RC-4/11 of the Conference of the Parties to the Rotterdam Convention and decision SC-4/34 of the Conference of the Parties to the Stockholm Convention, hereinafter referred to as the “synergies decisions”.

Addendum

Note by the Secretariat

1. Decisions BC.Ex-1/1 of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, RC.Ex-1/1 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 and SC.Ex-1/1 of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants (the “omnibus decisions”) are substantially identical decisions on the subject of enhancing cooperation and coordination between the three conventions, which were adopted by the conferences of the parties to the three conventions, respectively, at their simultaneous extraordinary meetings in February 2010.

Addendum

Note by the Secretariat

1. Decisions BC.Ex-1/1 of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, RC.Ex-1/1 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 and SC.Ex 1/1 of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants were adopted by the conferences of the parties to the three conventions at their simultaneous extraordinary meetings, in February 2010.

Addendum

Note by the Secretariat

1. By decisions IX/31 of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and RC 4/12 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, the two conferences of the parties adopted as an extraordinary one-time measure a three-year budget cycle for the period 2009–2011 to facilitate the synchronization of their budget cycles with those of the United Nations Environment Programme (UNEP), the Food and Agriculture Organization of the United Nations (FAO) and the Stockholm Convention on Persistent Organic Pollutants.

2. From the biennium 2012–2013, the budget cycles of the Basel and Stockholm conventions will be in line with those of the Rotterdam Convention, UNEP and FAO, enabling UNEP to produce coordinated financial statements for the three conventions.

Addendum

Note by the Secretariat

1. Decisions BC.Ex-1/1 of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, RC.Ex-1/1 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 and SC.Ex 1/1 of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants were adopted by the conferences of the parties to three conventions at their simultaneous extraordinary meetings, in February 2010. In section V of those decisions, on joint audits, the three conferences of the parties welcomed the request by the Executive Director of the United Nations Environment Programme (UNEP) that the Office of Internal Oversight Services (OIOS) should audit the strategic management of the multilateral environmental agreements for which UNEP provided secretariat services.

2. UNEP has been informed that OIOS has included in its workplan for 2011 an audit of the strategic management of UNEP-administered multilateral environmental agreements with a view to providing reasonable assurance regarding the management of risk, strategic planning and compliance with regulations and rules.

Addendum

Note by the Secretariat

1. At their simultaneous extraordinary meetings, held from 22 to 24 February 2010 in Bali, Indonesia, the conferences of the parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and the Stockholm Convention on Persistent Organic Pollutants adopted substantively identical omnibus decisions (BC.Ex-1/1, RC.Ex-1/1 and SC.Ex-1/1, respectively). Those decisions contain a section on review arrangements, in which the conferences of the parties decided to review at their respective meetings in 2013, and in accordance with the timetable contained in the annex to the omnibus decisions, how far the arrangements adopted pursuant to the synergies decisions, in particular on joint activities, joint managerial functions and joint services, had contributed to achieving the following objectives:
(a) Strengthening the implementation of the three conventions at the national, regional and global levels;
(b) Promoting coherent policy guidance;
(c) Reducing the administrative burden;
(d) Maximizing the effective and efficient use of resources at all levels;
(e) Taking into account global concerns and the specific needs of developing countries and countries with economies in transition;
(f) Protecting human health and the environment for the promotion of sustainable development.