1. The purpose of this document is to provide a list of examples of possible articles for a global legally binding instrument on persistent organic pollutants (POPs). Without prejudice to any approaches that the Intergovernmental Negotiating Committee may wish to consider, the list of possible articles in this document could serve as a possible starting point for the overall structure of a global legally binding instrument on POPs.

2. In developing this list, the following multilateral environmental agreements were reviewed:

3. Also reviewed, although not global in geographic scope, is the Protocol on Persistent Organic Pollutants, under the Convention on Long-range Transboundary Air Pollution, prepared under the auspices of the United Nations Economic Commission for Europe, whose adoption is expected in June 1998. In paragraph 10 of decision 19/13 C, the Governing Council of the United Nations Environment Programme (UNEP) recommended that, in the development of the global legally binding instrument, due consideration be given to the work under way to develop the POPs protocol to the Convention on Long-range Transboundary Air Pollution. The text of the draft Protocol has been circulated in document UNEP/POPS/INC.1/INF/4 and information on other relevant instruments is available to the Committee in document UNEP/POPS/INC.1/3.

4. In reviewing all the multilateral environmental agreements under consideration, a simple accounting was carried out of which types of articles were used in which agreements. This indicative listing does not include articles of potentially little relevance to an international legally binding instrument on POPs. For example, the PIC convention includes an article on designated national authorities, which is a matter particular to PIC that may have no application to a POPs instrument. A similar example is the article on sustainable use of components of biodiversity, contained in the Convention on Biological Diversity.

5. The following is a list of possible substantive articles that could be included in an international legally binding instrument on POPs, and a short description of the use of each in the multilateral environmental agreements considered:

6. Such a section could indicate the policy milestones and key scientific justification for the convention. A preambular section is included in all the multilateral environmental agreements reviewed.

7. Such an article could define key terms or words in the context of their use in the convention. The manner in which such definitions are set can greatly affect the scope of the convention. Such an article is included in all the multilateral environmental agreements although the desertification and biodiversity conventions call it "Use of Terms".

8. Such an article could be used to provide, in very brief and general terms, what overall objective the convention is designed to accomplish. Such an article is included in the biodiversity, climate change, desertification and PIC conventions, but not the Basel Convention or the Montreal Protocol.

9. Such an article could be used to encourage or require that certain actions are taken to reduce or eliminate the release of specific POPs. Of the multilateral environmental agreements reviewed, only the Framework Convention on Climate Change and Montreal Protocol deal with reductions in the production, use or release of chemicals. These two instruments are concerned, however, with different chemicals from those likely to be considered under a POPs instrument. Two multilateral environmental agreements, the Basel and PIC conventions, deal with some of the same chemicals, but are primarily aimed at controlling transboundary movements of chemical products or wastes. One potentially useful model to examine for such provisions, although not global in its geographical coverage, is the POPs Protocol to the Convention on Long-range Transboundary Air Pollution, since it involves most of the chemicals to be considered for an international legally-binding instrument on POPs and it is aimed at eliminating or reducing releases. One clear limitation of the POPs Protocol example, however, is that it covers only emissions to air and therefore misses some releases to other environmental media. A possible article on measures to reduce or eliminate releases of POPs into the environment could be divided into the following three sections:

10. Such an article could require Parties to develop national plans for implementing their obligations under the convention and to report progress made on implementing them to the Conference of the Parties. The development and implementation of national action plans, policies or strategies is required in the desertification and biological diversity conventions and the POPs Protocol to the Convention on Long-range Transboundary Air Pollution. The Convention to Combat Desertification also includes regional implementation plans that are included in annexes. Although the Framework Convention on Climate Change does not include a specific article on reporting, it does include provisions requiring certain reporting.

11. Such an article could establish a process for selecting additional chemicals to be covered by the convention. The specific criteria for adding chemicals could be specified in an annex. The PIC convention is the only multilateral environmental agreement to include a specific article pertaining to adding or listing chemicals. Chemical nominations are put forward through a subsidiary body to the Conference of the Parties, which decides whether the nominated chemical is to be subject to the convention. The POPs Protocol to the Convention on Long-range Transboundary Air Pollution does not include a specific article for adding substances; it does, however, contain provisions for amending the Protocol and annexes. In addition, the Executive Body of the Convention on Long-range Transboundary Air Pollution has adopted a decision on information to be submitted and procedures for adding substances to the Protocol. Under the Montreal Protocol, substances may be added by the Meeting of the Parties by amending the Protocol. In the Basel Convention, amendments to the categories of wastes to be controlled or other annexes can be adopted by the Conference of the Parties. The addition of chemicals is not relevant to the desertification or biodiversity conventions, although the Biosafety Protocol currently under negotiation under the Convention on Biological Diversity, may include provisions for adding certain living modified organisms resulting from modern biotechnology.

12. Such an article could encourage or require Parties to take appropriate actions to ensure the environmentally sound management and/or disposal of POPs stockpiles. The Basel Convention requires that the importer of hazardous and other wastes has the capacity to manage and dispose of such wastes in an environmentally sound manner. The POPs Protocol to the Convention on Long-range Transboundary Air Pollution includes provisions requiring Parties to take effective measures to ensure that such stocks are disposed of in an environmentally sound manner. The Montreal Protocol addresses this issue in the consequences of regulations concerning production or consumption. The matter is not covered in the climate change, desertification, biodiversity or PIC conventions.

13. Such an article could facilitate the exchange of information, including reporting on progress made in implementing obligations contained in the instrument. All the multilateral environmental agreements consulted include information exchange or transmission articles, although some of them combine such provisions with other subject areas, such as research, public awareness, and education. The POPs Protocol to the Convention on Long-range Transboundary Air Pollution includes an article on information and technology exchange.

14. Such an article could promote better public understanding of issues related to the convention, in particular those pertaining to health and environment. Of the multilateral environmental agreements reviewed, the climate change, desertification and biodiversity conventions include specific articles on public awareness, with the Convention on Biological Diversity including public education in the same article. The Montreal Protocol and the Basel and PIC conventions do not include such articles but do include provision pertaining to public education and/or information in other articles. The POPs Protocol to the Convention on Long-range Transboundary Air Pollution includes an article on public awareness and information, which requires Governments to promote the transfer of POPs information to the public.

15. Such an article could promote research, development and monitoring, with a view to gaining a better understanding of the problems associated with POPs, identifying efficient means of addressing these problems and providing a baseline from which to measure the effectiveness of the convention itself. The climate change, desertification and biodiversity conventions and the Montreal Protocol and the POPs Protocol to the Convention on Long-range Transboundary Air Pollution all contain an article on this subject, whereas the Basel and PIC conventions do not.

16. Such an article could include provisions designed to promote technical assistance and/or technology transfer to developing countries. An article on these lines is included in the Montreal Protocol and the desertification and PIC conventions. The Convention on Biological Diversity includes a broader article on technical and scientific cooperation. For both the Basel and climate change conventions, technology transfer provisions are included in articles dealing with financial aspects.

17. Such an article could encourage or require Governments to make available the resources needed to implement the convention and describe financial mechanisms to collect, manage and direct such resources. An article on these lines is included in the Montreal Protocol and the Basel, climate change and desertification conventions. In the Convention on Biological Diversity, such provisions are separated into two articles, one on financial resources and one on financial mechanisms. The PIC convention does not include a separate article on financial resources and mechanisms.

18. Such an article could establish appropriate mechanisms for determining non-compliance and for the treatment of Parties found to be in non-compliance, or direct the Conference of the Parties to develop and adopt such mechanisms. An article on these lines is included in the PIC convention, the Montreal Protocol and the POPs Protocol to the Convention on Long-range Transboundary Air Pollution, but not in the other multilateral environmental agreements considered.

19. Such an article could identify ways and means for settling disputes between Parties concerning the interpretation and application of the convention. An article on these lines is included in all the multilateral environmental agreements considered, except for the Montreal Protocol, where the settlement of disputes is covered under the Vienna Convention for the Protection of the Ozone Layer.

20. Such provisions could be included in articles on the establishment of the Conference of the Parties and the Secretariat, as well as interim and other institutional arrangements. With the exception of the POPs Protocol to the Convention on Long-range Transboundary Air Pollution, all the multilateral environmental agreements considered include articles on the Conference of the Parties, or, in the case of the Montreal Protocol, the Meeting of the Parties and the Secretariat. In addition, the Convention to Combat Desertification includes an article on interim arrangements and the Convention on Biological Diversity includes articles on financial and secretariat interim arrangements. Although the PIC convention does not include a specific article pertaining to interim arrangements, the diplomatic conference to be held in September 1998 to adopt the convention will consider a draft resolution on such arrangements.

21. In addition, a number of other articles are usually included in international convention texts. Such articles include provisions pertaining to: amendments to the convention; the adoption of and amendments to annexes; signature; ratification, acceptance, approval or accession; the right to vote; entry into force; reservations; withdrawal; the depositary; and authentic texts. Some of these articles are often referred to as "final provisions", and are included in all the multilateral environmental agreements consulted. A proposed text for the articles listed in this paragraph which might be included in an international legally-binding instrument on POPs is provided in document UNEP/POPS/INC.1/5.

22. Attached to an international legally binding instrument on POPs could be one or more annexes, which could provide more detailed specifications that might be very difficult to incorporate into the body of the convention text. The procedure for the amendment of such annexes may prove to be more straightforward. Various types of annexes are found in all the multilateral environmental agreements consulted for the purpose of this paper. Considering the possible substantive articles discussed above, possible annexes to an international legally binding instrument on POPs could include: chemicals scheduled for elimination of use and/or production; chemicals scheduled for restriction of production and/or use; chemicals subject to release reduction measures; requirements for the safe management and disposal of POPs; and criteria for the selection of candidate POPs for future international action.