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					MULTILATERAL ENVIRONMENTAL AGREEMENTS
FOCUSED ON CHEMICAL SUBSTANCES AND WASTE
                    AND ILLEGAL TRAFFIC


 (Background paper prepared for Symposium on Illegal International Traffic
     in Hazardous Chemicals, Prague – Pruhonice, 6-8 November 2006)




Relevant extracts from web pages of:
   1. Basel Convention        ………………………..           page 2
   2. Montreal Protocol       ……………………….            page 18
   3. Stockholm Convention ……………………….               page 29
   4. Rotterdam Convention ………………………..              page 32
    BASEL CONVENTION ON THE CONTROL OF
  TRANSBOUNDARY MOVEMENTS OF HAZARDOUS
         WASTES AND THEIR DISPOSAL

Illegal Traffic: a short introduction

Preventing, detecting and acting against illegal transboundary movements of
hazardous and other wastes (“illegal traffic”) is a crucial element in the global waste
challenge. Illegal traffic of hazardous waste is unfortunately still very common in all
corners of the world (E.g. a press release of IMPEL of 8 November 2005 noted that a
joint enforcement operation of European environmental authorities in 17 European
seaports had shown that 48% of waste shipments were illegal under EU regulations.)

What is illegal traffic?
Under the Basel Convention, illegal traffic occurs if the transboundary movement of
hazardous wastes is taking place under the following conditions:

      without notification pursuant to the provisions of the Convention to all States
       concerned;
      without the consent of a State concerned;
      through consent obtained by falsification, misrepresentation or fraud;
      when movement does not conform in a material way with the documents;
      or when movement results in deliberate disposal of hazardous wastes in
       contravention of the Convention and of general principles of international law.

Common methods of illegal traffic include making false declarations, the
concealment, mixture or double layering of the materials in a shipment and the
mislabelling of individual containers. Such methods seek to misrepresent the actual
contents of a said shipment and, because of this, the meticulous and thorough scrutiny
of national enforcement officers is required to detect cases of illegal traffic.

What can be done if illegal traffic occurs?
Generally stated, responsibility for the wastes rests with the entity whose conduct
resulted in the illegal traffic.

      If the illegal traffic arises as a result of conduct on the part of the importer or
       disposer , the State of import shall be responsible for ensuring that the wastes
       are disposed1 of in an environmentally sound manner by the importer or
       disposer, or if necessary by itself.
      Likewise, if the illegal traffic is deemed to result from the conduct on the part
       of the exporter or generator, the State of export shall ensure that the wastes
       are taken back, or, if impracticable, disposed of in accordance with the
       provisions of the Convention.
      However, where responsibility for illegal traffic cannot be assigned to the
       generator, exporter, importer or disposer, the Parties concerned or other




                                           2
        Parties are to ensure that disposal is effected in an environmentally sound
        manner.

How do I report illegal traffic?
Confirmed cases of illegal traffic should be reported to the Secretariat using the
"Form for Confirmed Cases of Illegal Traffic ".

What is the role of the Secretariat?
The Secretariat is not mandated to take a unilateral decision to intervene when a case
of alleged illegal traffic is brought to its attention.

Under Article 16 (1) (i) of the Convention, the Secretariat's functions include assisting
Parties, upon request, in the identification of cases of illegal traffic and to circulate
immediately to the Parties concerned any information it has received regarding illegal
traffic.

Also, under Article 19 of the Convention, any Party which has reason to believe that
another Party is acting or has acted in breach of its obligations under the Convention
may inform the Secretariat thereof, and in such an event, shall simultaneously and
immediately inform, directly or through the Secretariat, the Party against whom the
allegations are made. The Secretariat should then submit all relevant information to
the Parties.

The Secretariat may also facilitate dialogue between Parties, if they so request.

How can illegal traffic be prevented and punished?
Under the Basel Convention, illegal traffic in hazardous wastes is considered a crime.
To this end, the Convention provides that each Party should introduce appropriate
national/domestic legislation to prevent and punish illegal traffic.
Parties are required to co-operate to achieve the prevention of illegal traffic. Parties
are also encouraged to submit judgments of its courts dealing with illegal traffic to the
Secretariat, so it can publish them on the case law section of the Basel web site. This
would be a valuable information tool for other Parties.



               RELEVANT ARTICLES OF BASEL CONVENTION

                                           Article 4

                                    General Obligations

1.      (a)     Parties exercising their right to prohibit the import of hazardous wastes or other
wastes for disposal shall inform the other Parties of their decision pursuant to Article 13.

        (b)     Parties shall prohibit or shall not permit the export of hazardous wastes and other
wastes to the Parties which have prohibited the import of such wastes, when notified pursuant to
subparagraph (a) above.


                                               3
       (c)      Parties shall prohibit or shall not permit the export of hazardous wastes and
other wastes if the State of import does not consent in writing to the specific import, in the
case where that State of import has not prohibited the import of such wastes.

2.      Each Party shall take the appropriate measures to:

[……………]

        (d)    Ensure that the transboundary movement of hazardous wastes and other
wastes is reduced to the minimum consistent with the environmentally sound and efficient
management of such wastes, and is conducted in a manner which will protect human
health and the environment against the adverse effects which may result from such
movement;

        (e)      Not allow the export of hazardous wastes or other wastes to a State or group of
States belonging to an economic and/or political integration organization that are Parties,
particularly developing countries, which have prohibited by their legislation all imports, or if it has
reason to believe that the wastes in question will not be managed in an environmentally sound
manner, according to criteria to be decided on by the Parties at their first meeting;

       (f)    Require that information about a proposed transboundary movement of
hazardous wastes and other wastes be provided to the States concerned, according to
Annex V A, to state clearly the effects of the proposed movement on human health and the
environment;

        (g)     Prevent the import of hazardous wastes and other wastes if it has reason to
believe that the wastes in question will not be managed in an environmentally sound
manner;

         (h)     Cooperate in activities with other Parties and interested organizations,
directly and through the Secretariat, including the dissemination of information on the
transboundary movement of hazardous wastes and other wastes, in order to improve the
environmentally sound management of such wastes and to achieve the prevention of
illegal traffic.

3.     The Parties consider that illegal traffic in hazardous wastes or other wastes is
criminal.

4.     Each Party shall take appropriate legal, administrative and other measures to
implement and enforce the provisions of this Convention, including measures to prevent
and punish conduct in contravention of the Convention.

5.      A Party shall not permit hazardous wastes or other wastes to be exported to a non-Party or
to be imported from a non-Party.

6.      The Parties agree not to allow the export of hazardous wastes or other wastes for
disposal within the area south of 60° South latitude, whether or not such wastes are subject
to transboundary movement.

7.      Furthermore, each Party shall:



                                                4
[……………]

        (b)     Require that hazardous wastes and other wastes that are to be the subject of
a transboundary movement be packaged, labelled, and transported in conformity with
generally accepted and recognized international rules and standards in the field of
packaging, labelling, and transport, and that due account is taken of relevant
internationally recognized practices;

        (c)     Require that hazardous wastes and other wastes be accompanied by a
movement document from the point at which a transboundary movement commences to
the point of disposal.

                                           Article 6

                       Transboundary Movement between Parties

1.      The State of export shall notify, or shall require the generator or exporter to notify,
in writing, through the channel of the competent authority of the State of export, the
competent authority of the States concerned of any proposed transboundary movement of
hazardous wastes or other wastes. Such notification shall contain the declarations and
information specified in Annex V A, written in a language acceptable to the State of
import. Only one notification needs to be sent to each State concerned.

2.      The State of import shall respond to the notifier in writing, consenting to the
movement with or without conditions, denying permission for the movement, or
requesting additional information. A copy of the final response of the State of import shall
be sent to the competent authorities of the States concerned which are Parties.

3.     The State of export shall not allow the generator or exporter to commence the
transboundary movement until it has received written confirmation that:

       (a)     The notifier has received the written consent of the State of import; and

       (b)      The notifier has received from the State of import confirmation of the
existence of a contract between the exporter and the disposer specifying
environmentally sound management of the wastes in question.

4.       Each State of transit which is a Party shall promptly acknowledge to the
notifier receipt of the notification. It may subsequently respond to the notifier in
writing, within 60 days, consenting to the movement with or without conditions,
denying permission for the movement, or requesting additional information. The State
of export shall not allow the transboundary movement to commence until it has
received the written consent of the State of transit. However, if at any time a Party
decides not to require prior written consent, either generally or under specific
conditions, for transit transboundary movements of hazardous wastes or other wastes,
or modifies its requirements in this respect, it shall forthwith inform the other Parties
of its decision pursuant to Article 13. In this latter case, if no response is received by
the State of export within 60 days of the receipt of a given notification by the State of
transit, the State of export may allow the export to proceed through the State of
transit.


                                            5
5.      In the case of a transboundary movement of wastes where the wastes are
legally defined as or considered to be hazardous wastes only:

        (a)     By the State of export, the requirements of paragraph 9 of this Article
that apply to the importer or disposer and the State of import shall apply mutatis
mutandis to the exporter and State of export, respectively;

        (b)     By the State of import, or by the States of import and transit which are
Parties, the requirements of paragraphs 1, 3, 4 and 6 of this Article that apply to the
exporter and State of export shall apply mutatis mutandis to the importer or disposer
and State of import, respectively; or

        (c)     By any State of transit which is a Party, the provisions of paragraph 4
shall apply to such State.

6.       The State of export may, subject to the written consent of the States concerned, allow the
generator or the exporter to use a general notification where hazardous wastes or other wastes
having the same physical and chemical characteristics are shipped regularly to the same disposer
via the same customs office of exit of the State of export via the same customs office of entry of
the State of import, and, in the case of transit, via the same customs office of entry and exit of the
State or States of transit.

7.      The States concerned may make their written consent to the use of the general
notification referred to in paragraph 6 subject to the supply of certain information, such as
the exact quantities or periodical lists of hazardous wastes or other wastes to be shipped.

8.     The general notification and written consent referred to in paragraphs 6 and 7 may
cover multiple shipments of hazardous wastes or other wastes during a maximum period
of 12 months.

9.      The Parties shall require that each person who takes charge of a transboundary
movement of hazardous wastes or other wastes sign the movement document either upon
delivery or receipt of the wastes in question. They shall also require that the disposer
inform both the exporter and the competent authority of the State of export of receipt by
the disposer of the wastes in question and, in due course, of the completion of disposal as
specified in the notification. If no such information is received within the State of export,
the competent authority of the State of export or the exporter shall so notify the State of
import.

10.    The notification and response required by this Article shall be transmitted to the
competent authority of the Parties concerned or to such governmental authority as may be
appropriate in the case of non-Parties.

11.    Any transboundary movement of hazardous wastes or other wastes shall be
covered by insurance, bond or other guarantee as may be required by the State of import or
any State of transit which is a Party.

                                              Article 7

    Transboundary Movement from a Party through States which are not Parties


                                                6
        Paragraph 1 of Article 6 of the Convention shall apply mutatis mutandis to
transboundary movement of hazardous wastes or other wastes from a Party through a State
or States which are not Parties.

                                              Article 8

                                        Duty to Re-import

         When a transboundary movement of hazardous wastes or other wastes to which the
consent of the States concerned has been given, subject to the provisions of this Convention,
cannot be completed in accordance with the terms of the contract, the State of export shall ensure
that the wastes in question are taken back into the State of export, by the exporter, if alternative
arrangements cannot be made for their disposal in an environmentally sound manner, within 90
days from the time that the importing State informed the State of export and the Secretariat, or
such other period of time as the States concerned agree. To this end, the State of export and any
Party of transit shall not oppose, hinder or prevent the return of those wastes to the State of export.

                                              Article 9

                                           Illegal Traffic

1.     For the purpose of this Convention, any transboundary movement of hazardous
wastes or other wastes:

        (a)   without notification pursuant to the provisions of this Convention to all
States concerned; or

       (b)    without the consent pursuant to the provisions of this Convention of a State
concerned; or

       (c)     with consent obtained from States concerned through falsification,
misrepresentation or fraud; or

        (d)      that does not conform in a material way with the documents; or

        (e)     that results in deliberate disposal (e.g. dumping) of hazardous wastes or other
wastes in contravention of this Convention and of general principles of international law, shall be
deemed to be illegal traffic.

2.       In case of a transboundary movement of hazardous wastes or other wastes deemed
to be illegal traffic as the result of conduct on the part of the exporter or generator, the
State of export shall ensure that the wastes in question are:

        (a)     taken back by the exporter or the generator or, if necessary, by itself into
the State of export, or, if impracticable,

      (b)        are otherwise disposed of in accordance with the provisions of this
Convention,




                                                7
within 30 days from the time the State of export has been informed about the illegal traffic
or such other period of time as States concerned may agree. To this end the Parties
concerned shall not oppose, hinder or prevent the return of those wastes to the State of
export.

3.      In the case of a transboundary movement of hazardous wastes or other wastes
deemed to be illegal traffic as the result of conduct on the part of the importer or disposer,
the State of import shall ensure that the wastes in question are disposed of in an
environmentally sound manner by the importer or disposer or, if necessary, by itself within
30 days from the time the illegal traffic has come to the attention of the State of import or
such other period of time as the States concerned may agree. To this end, the Parties
concerned shall cooperate, as necessary, in the disposal of the wastes in an
environmentally sound manner.

4.      In cases where the responsibility for the illegal traffic cannot be assigned either to
the exporter or generator or to the importer or disposer, the Parties concerned or other
Parties, as appropriate, shall ensure, through cooperation, that the wastes in question are
disposed of as soon as possible in an environmentally sound manner either in the State of
export or the State of import or elsewhere as appropriate.

5.      Each Party shall introduce appropriate national/domestic legislation to prevent and
punish illegal traffic. The Parties shall cooperate with a view to achieving the objects of
this Article.

                                          Article 13

                               Transmission of Information

1.     The Parties shall inform each other, through the Secretariat, of:

        (a)    Changes regarding the designation of competent authorities and/or focal
points, pursuant to Article 5;

        (b)     Changes in their national definition of hazardous wastes, pursuant to
Article 3; and, as soon as possible,

        (c)   Decisions made by them not to consent totally or partially to the import of
hazardous wastes or other wastes for disposal within the area under their national
jurisdiction;

       (d)    Decisions taken by them to limit or ban the export of hazardous wastes or
other wastes;

       (e)     Any other information required pursuant to paragraph 4 of this Article.



                                          Article 16

                                         Secretariat


                                            8
1.      The functions of the Secretariat shall be:

[……………]

(i)     to assist Parties upon request in identification of cases of illegal traffic and to
circulate immediately to the Parties concerned, any information it has received
regarding illegal traffic.




     RELEVANT DECISIONS OF THE CONFERENCE OF THE PARTIES
      AND OF THE OPEN-ENDED WORKING GROUP OF THE BASEL
                                     CONVENTION



                  I/15. ILLEGAL TRAFFIC IN HAZARDOUS WASTES

        The Conference

        Expressing its concern at the problem of illegal traffic in hazardous wastes, in
particular to developing countries,

       Conscious of the negative consequences of the illegal traffic on human health and
the environment,

        Convinced that the prevention of illegal traffic requires close cooperation among
States, with the support of the secretariat of the Basel Convention and all interested
organizations,

      1.       Welcomes the United Nations Environment Programme (UNEP) and
Economic and Social Commission for Asia and the Pacific (ESCAP) joint project
currently being implemented on monitoring and assessment of illegal traffic in toxic and
dangerous products and wastes in that region;

      2.      Requests the secretariat to present an analytical report on the results of the
UNEP-ESCAP joint project to the Second Meeting of the Conference of the Parties to the
Basel Convention;

      3.        Also requests the secretariat to cooperate with other regional commissions
in order to achieve the goal of prevention of illegal traffic in hazardous wastes;

     4.       Urges the Parties to the Basel Convention that have not yet done so to
promulgate laws that consider illegal traffic in hazardous wastes a criminal act;




                                             9
       5.       Calls upon Parties in a position to do so to cooperate with the secretariat to
enable it to provide assistance to other Parties for the identification of cases of illegal
traffic in accordance with Article 16, paragraph 1(i) of the Basel Convention;

     6.        Requests the Open-ended Ad Hoc Committee to study ways and means of
enhancing the monitoring and prevention of illegal traffic in hazardous wastes and other
wastes and to report its findings to the Conference of the Parties at its second meeting.

                  II/4. ILLEGAL TRAFFIC IN HAZARDOUS WASTES
                               AND OTHER WASTES

       The Conference

       Expressing its concern at the problems of illegal traffic in hazardous wastes and
other wastes, in particular to developing countries and to the countries in transition,

       Recalling Decision I/15 of the First Meeting of the Conference of the Parties,

     Having considered the report of the secretariat contained in document
UNEP/CHW.2/8,

       Having further considered the Open-ended Ad Hoc Committee recommendations
contained in its Decision I/6 on "Illegal Traffic in Hazardous Wastes and other Wastes,"

      1.       Requests the Parties to promulgate or develop stringent national legislation
on the control of transboundary movements of hazardous wastes taking into account the
elements contained in document UNEP/CHW/C.1/1/7;

     2.        Further requests the Parties to incorporate in their legal systems,
appropriate sanctions or penalties for the illegal traffic in hazardous wastes and other
wastes;

      3.       Requests the regional commissions and secretariats of regional conventions
and protocols to take an effective role in the monitoring and prevention of illegal traffic in
hazardous wastes and other wastes and to coordinate their efforts and activities in this
regard with the secretariat of the Basel Convention;

      4.       Requests all governments to promote the interministerial coordination
within the respective government to prevent and penalize illegal traffic in hazardous
wastes and other wastes;

      5.       Requests the secretariat of the Basel Convention to:

      (a)     Assist Parties in developing national legislation to deal with illegal traffic
and hazardous wastes and other wastes;

      (b)      Assist Parties in capacity-building including the development of an
appropriate infrastructure with a view of the prevention and penalization of illegal traffic
in hazardous wastes and other wastes and to ensure the involvement of national authorities



                                            10
and focal points for the Basel Convention in the prevention and monitoring of illegal
traffic in hazardous wastes and other wastes;

      (c)     Liaise with the various regional commissions and secretariats of regional
conventions and protocols with a view to promoting the development of compatible
regional mechanisms and systems;

       (d)      Promote the implementation of the appropriate parts of chapter 20 of
Agenda 21 related to the illegal traffic in hazardous wastes, in particular its section D. In
this regard a report should be presented to the relevant substantive session of the United
Nations Commission on Sustainable Development;

      (e)      Continue its cooperation with the Customs Cooperation Council Secretariat
with a view to ensure better control of import and export of hazardous wastes and other
wastes and in particular to identify hazardous wastes and other wastes subjected to the
Basel Convention in the Harmonized System;

     (f)        Include, in cooperation with the governments concerned, the Customs
Cooperation Council and the International Maritime Organization, the training of customs
and ports officers in relation to the import and export of hazardous wastes and other
wastes in its programme of training activities;

      (g)     Receive, collate and disseminate information on illegal traffic in hazardous
wastes and other wastes promptly and systematically with a view to ensuring that
hazardous waste detected and rejected by one country is not dumped in another;

       (h)      Explore the possibility of cooperation with Interpol in cases of illegal
traffic in hazardous wastes and other wastes;

      (i)     Establish a well-defined reporting system on cases of illegal traffic in
hazardous wastes and other wastes, which would:

            (i)    Request Parties to report to the secretariat on any cases of illegal traffic in
                   hazardous wastes and other wastes as defined by the Basel Convention and the
                   actions taken to monitor and prevent such cases, and

            (ii)   Include a submission by the secretariat to the Conference of the Parties
                   to the Basel Convention of reports, based on information received from
                   the Parties, on cases of illegal traffic in hazardous wastes and other
                   wastes and the publication of these reports;

            (iii) Enhance its cooperation in the prevention and monitoring of illegal
                  traffic in hazardous wastes and other wastes with non-governmental
                  organizations, industry and the private sector;

            (iv)   Submit a report on the above-mentioned activities to the third meeting
                   of the Conference of the Parties to the Basel Convention.




                                             11
 III/5. ILLEGAL TRAFFIC IN HAZARDOUS WASTES AND OTHER WASTES

       The Conference

       Recalling decision II/4 of the second meeting of the Conference of the Parties,

      1.       Decides that a form be developed for use by Parties to report cases of
confirmed illegal traffic;

     2.       Requests the Technical Working Group to review and revise the draft form
developed by the secretariat of the Basel Convention and attached to this document as
Appendix;

      3.       Requests Parties to review the draft form and submit comments for
consideration by the Technical Working Group;

      4.      Requests Parties to cooperate with each other and the secretariat of the
Basel Convention on alleged cases of illegal traffic;

      5.       Requests the Parties to:

      (a)        promulgate or develop stringent legislation on the control of transboundary
movements of hazardous wastes and incorporate in this legal system appropriate sanctions
or penalties for the illegal traffic in hazardous wastes and other wastes, to take appropriate
measures to ensure the effective implementation of this legislation and inform the
secretariat of the Basel Convention thereon;

      (b)      provide the secretariat of the Basel Convention with replies regarding the
reported cases on illegal traffic;

      (c)        extend cooperation with Interpol with a view to presenting to future
meetings of the Contracting Parties detailed reports on activities undertaken by the
secretariat of the Basel Convention and Interpol to prevent illegal traffic in hazardous
wastes and to provide detailed reports to the Bureau and the meetings of the Contracting
Parties on any cases of illegal traffic, their sources, actions undertaken by the governments
during the discovery of cases and follow-up activities by the Contracting Parties.

      6.       Requests the secretariat of the Basel Convention to:

      (a)     assist Parties in developing national legislation to deal with illegal traffic in
hazardous wastes;

       (b)        assist Parties in capacity-building including the development of an
appropriate infrastructure with a view to preventing and penalizing cases of illegal traffic
in hazardous wastes and other wastes and to ensuring the involvement of national
authorities and focal points for the Basel Convention in the prevention and monitoring of
illegal traffic in hazardous wastes and other wastes;

      (c)        continue its cooperation with the various regional commissions and
secretariats of regional conventions and protocols, NGOs, industry, private sector, as well


                                            12
as the World Customs Organization (WCO) and Interpol in order to achieve a better
control and monitoring of cases or alleged cases of illegal traffic in hazardous wastes and
other wastes;

      (d)      organize training courses for customs officers, port authorities, judiciary
personnel and police forces in cooperation with WCO, Interpol and other appropriate
bodies, including UN regional commissions and secretariats of regional agreements
dealing with similar aspects.

       IV/12. ILLEGAL TRAFFIC IN HAZARDOUS WASTES AND OTHER WASTES

        The Conference

       1.        Welcomes the work of the Technical Working Group on confirmed cases of
illegal traffic and recognizes that the issue of illegal traffic remains a high priority with
particular emphasis on cases involving alleged illegal traffic;

         (a)      Appeals to Parties to bring any case or, if appropriate, alleged case of
illegal traffic to the attention of the secretariat and to provide the secretariat with all
necessary information to enable it to take any appropriate action, including preventive
measures through initial dissemination of information to Parties concerned;

        (b)     Welcomes steps taken by Parties to submit information on how Parties may
have dealt with illegal traffic, including alleged cases of illegal traffic, with regard to
difficulties they could be facing when seeking compliance with the provisions of the Basel
Convention;

        (c)    Recognizes that illegal traffic can take many different forms and be of
different magnitudes ranging from, for example, falsification of documents to large-scale
organized activities;

       (d)      Requests Parties to cooperate with each other and the secretariat on alleged
cases of illegal traffic;

        (e)    Assigns the Consultative Sub-group of Legal and Technical Experts the
task of developing procedures to address alleged cases of illegal traffic;

        (f)     Adopts the draft Form for Confirmed Cases of Illegal Traffic for use by
Parties in confirmed cases of illegal traffic;

         (g)      Invites Parties to use this form in their reports related to confirmed cases of
illegal traffic to the secretariat;

         (h)    Requests the secretariat to report to the fifth meeting of the Conference of
the Parties, through the Open-ended Ad Hoc Committee for the Implementation of the
Basel Convention, as appropriate, on information received by Parties on cases of illegal
traffic;




                                             13
       2.        Welcomes the convening of meetings and conferences on the prevention of
illegal traffic approved by decision III/28 and urges Parties to promote the effective
participation of developing countries in these meetings;

      3.      Urges Parties to fulfil their obligations under Article 9, paragraph 5 of the
Basel Convention, in particular:

       (a)    To promulgate, update and/or develop stringent legislation on the control of
transboundary movements of hazardous wastes;

        (b)      To incorporate in their national legislation appropriate sanctions or
penalties for illegal traffic in hazardous wastes and other wastes covered by the Basel
Convention;

      4.        (a)      Notes that the classification and characterization of wastes represent
essential tools to assist in the identification and prevention of illegal traffic;

       (b)      Requests the secretariat of the Basel Convention, bearing in mind decisions
I/18 and II/23, to work closely with the United Nations Committee of Experts on the
Transport of Dangerous Goods towards the development of an appropriate classification
and labelling system;

         (c)      Requests the secretariat to continue its cooperation with various regional
commissions and secretariats of regional conventions and protocols, non-governmental
organizations, industry and the private sector, as well as the World Customs Organization
and Interpol, in order to achieve better control and monitoring of cases or alleged cases of
illegal traffic in hazardous wastes and other wastes;

       (d)     Requests the secretariat to organize training courses for customs officers
and police forces in cooperation with the World Customs Organization, Interpol and other
appropriate bodies, including United Nations regional commissions and secretariats of
regional agreements dealing with similar aspects;

       (e)      Requests the secretariat to assist Parties in capacity building, including the
development of an appropriate infrastructure, with a view to preventing and penalizing
cases of illegal traffic in hazardous wastes and other wastes and to ensuring the
involvement of national authorities and focal points for the Basel Convention in the
prevention and monitoring of illegal traffic in hazardous wastes and other wastes;

        (f)   Encourages Parties to build up their enforcement capacities, inter alia,
through cooperation with international bodies such as Interpol and the International
Network for Environmental Complaints, in the development of training and networking
for enforcement personnel involved in the prevention of illegal traffic;

         (g)     Invites Parties to promote consistency when addressing the issue of illegal
traffic in the relevant United Nations bodies, while avoiding duplication;




                                            14
      5.       Requests the Technical Working Group and the Consultative Sub-group of
Legal and Technical Experts, at their joint meeting, keeping in mind the discussions
within the Ad Hoc Working Group of Legal and Technical Experts to Consider and
Develop a Draft Protocol on Liability and Compensation, to develop recommended
procedures to assist Parties in preventing, identifying and managing illegal traffic.

             V/23. PREVENTION AND MONITORING OF ILLEGAL TRAFFIC
                    IN HAZARDOUS WASTES AND OTHER WASTES

       The Conference

       1.         Extends the mandate of the Technical Working Group and requests the
Legal Working Group to give further consideration to the issue of illegal traffic in
hazardous wastes and other wastes, to develop recommended procedures to address
alleged cases of illegal traffic and to assist Parties in preventing, identifying, monitoring
and managing illegal traffic, taking into account the draft guidance elements for the
detection, prevention and control of illegal traffic in hazardous wastes, approved by the
Technical Working Group and the Consultative Subgroup of Legal and Technical Experts
at their first joint meeting, in Pretoria, in November 1998;

      2.         Appeals to Parties to bring any confirmed case or, after consultation and
agreement with the other Parties involved, alleged case of illegal traffic to the attention of
the secretariat of the Basel Convention, with all the necessary information to enable the
secretariat to take appropriate action, including support for any efforts by the Parties to
solve the issues, such as the provision of appropriate expertise;

      3.        Invites Parties to use the approved form in their reports to the secretariat
related to confirmed cases of illegal traffic;

       4.       Requests the secretariat to continue its cooperation with various regional
commissions and secretariats of regional conventions and protocols, non-governmental
organization, the industry sector and the private sector, as well as the World Customs
Organization and the International Criminal Police Organization, in order to achieve a
better control and monitoring of cases or alleged cases of illegal traffic in hazardous
wastes and other wastes;

      5.         Requests the Parties and the secretariat to take the necessary preventive
measures, in particular through the dissemination of information on the Basel Convention
and through working closely with the World Customs Organization, to include, as a matter
of priority, the wastes under the scope of the Convention in the Harmonized System;

      6.       Requests the secretariat, bearing in mind the provisions of decision IV/12,
to work closely with the United Nations Committee of Experts on the Transport of
Dangerous Goods to harmonize classification and labelling systems for hazardous wastes
and dangerous goods;

       7.      Requests the Parties, with the assistance of the secretariat, to organize
training courses and develop training manuals, at the national and regional levels, for
customs officers and police forces, in cooperation with the World Customs Organization,
the International Criminal Police Organization and other appropriate bodies, including


                                            15
United Nations regional commissions and secretariats of regional agreements dealing with
similar issues.

       BASEL DECLARATION ON ENVIRONMENTALLY SOUND MANAGEMENT

      We, the Ministers and other heads of delegation from the Parties to the Basel
Convention and from other States,

         Having met in Basel, Switzerland, from 6 to 10 December 1999, on the occasion of
the fifth meeting of the Conference of the Parties to the Basel Convention and the tenth
anniversary of the adoption of the Basel Convention,

[……………]

6.       Recognize the need to focus our activities within the next decade on specific
actions to promote the implementation of the Convention and its amendments worldwide,
at all levels, and, to this end, agree to enhance and strengthen our efforts and cooperation
to achieve environmentally sound management in the following fields:

[……………]

       (a)     Prevention and monitoring of illegal traffic;


VI/16. GUIDANCE ELEMENTS FOR DETECTION, PREVENTION AND CONTROL OF
                ILLEGAL TRAFFIC IN HAZARDOUS WASTES

       The Conference of the Parties,

       Recalling its decision V/23 on the prevention and monitoring of illegal traffic
in hazardous wastes and other wastes,

       Welcoming the efforts made by the secretariat and the assistance offered by
Australia and Canada in the preparation of the Guidance Elements for the Detection,
Prevention and Control of Illegal Traffic in Hazardous Wastes,

      1.        Approves the Guidance Elements for Detection, Prevention and
Control of Illegal Traffic in Hazardous Wastes contained in the appendix to the
present decision;

      2.      Requests the secretariat, in collaboration with the Basel Convention
Regional Centres, to assist Parties, particularly developing countries, in implementing
the Guidance Elements for Detection, Prevention and Control of Illegal Traffic in
Hazardous Wastes at the national level, including the development of national
contingency plans.

(Appendix: Guidance Elements for Detection, Prevention and Control of Illegal
Traffic in Hazardous Wastes)




                                             16
                               VII/34. ILLEGAL TRAFFIC

      The Conference of the Parties,
      Recalling its decision V/23 on the prevention and monitoring of illegal traffic
in hazardous wastes and other wastes,
       Also recalling its decision VI/16, in which it adopted in the appendix to the
decision guidance elements for the detection, prevention and control of illegal traffic
in hazardous wastes and called for the preparation of an appendix to the guidance
elements in the form of a training manual for personnel involved in preventing,
identifying and managing such illegal traffic,
      Welcoming the Training Manual for the Enforcement of Laws Implementing
the Basel Convention: Guidance for Safe and Effective Detection, Investigation and
Prosecution of Illegal Traffic in Hazardous and Other Wastes, as contained in the
annex to the note by the Secretariat on guidance elements, 24
      1.        Requests the Secretariat to prepare, for submission to the Open-ended
Working Group, a revised draft of the training manual, taking into account any
comments received from Parties prior to, during and after the seventh meeting of the
Conference of Parties but received no later than 31 December 2004, having particular
regard to its function as a training tool;
       2.     Requests the Open-ended Working Group to consider and approve the
training manual on behalf of the Conference of the Parties;
       3.        Agrees, upon approval by the Open-ended Working Group, to include
the text of the training manual as appendix 5 to the Guidance Elements for Detection,
Prevention and Control of Illegal Traffic in Hazardous Wastes;
      4.      Requests the Secretariat to make the guidance elements, including their
appendices, available on the Convention web site in all official United Nations
languages;
      5.       Requests the Open-ended Working Group to continue to review and
update the guidance elements as appropriate;
       6.      Requests the Secretariat, in collaboration with the Basel Convention
regional centres, to continue to assist Parties, particularly developing countries, in
implementing the guidance elements at the national level, including the development
of national contingency plans;
       7.      Requests the Secretariat to continue its efforts to organize further
training seminars to assist Parties, particularly developing countries, in implementing
the guidance elements;
      8.        Calls upon all Parties and organizations in a position to do so to make
financial or in-kind contributions for the organization of such training seminars.




             24
                  UNEP/CHW.7/24.




                                           17
         MONTREAL PROTOCOL ON SUBSTANCES
           THAT DEPLETE THE OZONE LAYER
           RELEVAT ARTICLES OF THE MONTREAL PROTOCOL

                      Article 4: Control of trade with non-Parties
1. As of 1 January 1990, each party shall ban the import of the controlled substances
in Annex A from any State not party to this Protocol.
1 bis. Within one year of the date of the entry into force of this paragraph, each Party
shall ban the import of the controlled substances in Annex B from any State not party
to this Protocol.
1 ter. Within one year of the date of entry into force of this paragraph, each Party
shall ban the import of any controlled substances in Group II of Annex C from any
State not party to this Protocol.
1 qua. Within one year of the date of entry into force of this paragraph, each Party
shall ban the import of the controlled substance in Annex E from any State not party
to this Protocol.
1 quin.As of 1 January 2004, each Party shall ban the import of the controlled
substances in Group I of Annex C from any State not party to this Protocol.
1 sex. Within one year of the date of entry into force of this paragraph, each Party
shall ban the import of the controlled substance in Group III of Annex C from any
State not party to this Protocol.
2. As of 1 January 1993, each Party shall ban the export of any controlled substances
in Annex A to any State not party to this Protocol.
2 bis. Commencing one year after the date of entry into force of this paragraph, each
Party shall ban the export of any controlled substances in Annex B to any State not
party to this Protocol.
2 ter. Commencing one year after the date of entry into force of this paragraph, each
Party shall ban the export of any controlled substances in Group II of Annex C to any
State not party to this Protocol.
2 qua. Commencing one year of the date of entry into force of this paragraph, each
Party shall ban the export of the controlled substance in Annex E to any State not
party to this Protocol.
2 quin.As of 1 January 2004, each Party shall ban the export of the controlled
substances in Group I of Annex C to any State not party to this Protocol.
2 sex. Within one year of the date of entry into force of this paragraph, each Party
shall ban the export of the controlled substance in Group III of Annex C to any State
not party to this Protocol.
3. By 1 January 1992, the Parties shall, following the procedures in Article 10 of the
Convention, elaboráte in an annex a list of products containing controlled substances
in Annex A. Parties that have not objected to the annex in accordance with those
procedures shall ban, within one year of the annex having become effective, the
import of those products from any State not party to this Protocol.


                                           18
3 bis. Within three years of the date of the entry into force of this paragraph, the
Parties shall, following the procedures in Article 10 of the Convention, elaborate in an
annex a list of products containing controlled substances in Annex B. Parties that have
not objected to the annex in accordance with those procedures shall ban, within one
year of the annex having become effective, the import of those products from any
State not party to this Protocol.
3 ter. Within three years of the date of entry into force of this paragraph, the Parties
shall, following the procedures in Article 10 of the Convention, elaborate in an annex
a list of products containing controlled substances in Group II of Annex C. Parties
that have not objected to the annex in accordance with those procedures shall ban,
within one year of the annex having become effective, the import of those products
from any State not party to this Protocol.
4. By 1 January 1994, the Parties shall determine the feasibility of banning or
restricting, from States not party to this Protocol, the import of products produced
with, but not containing, controlled substances in Annex A. If determined feasible, the
Parties shall, following the procedures in Article 10 of the Convention, elaborate in an
annex a list of such products. Parties that have not objected to the annex in accordance
with those procedures shall ban, within one year of the annex having become
effective, the import of those products from any State not party to this Protocol.
4 bis. Within five years of the date of the entry into force of this paragraph, the Parties
shall determine the feasibility of banning or restricting, from States not party to this
Protocol, the import of products produced with, but not containing, controlled
substances in Annex B. If determined feasible, the Parties shall, following the
procedures in Article 10 of the Convention, elaborate in an annex a list of such
products. Parties that have not objected to the annex in accordance with those
procedures shall ban or restrict, within one year of the annex having become effective,
the import of those products from any State not party to this Protocol.
4 ter. Within five years of the date of entry into force of this paragraph, the Parties
shall determine the feasibility of banning or restricting, from States not party to this
Protocol, the import of products produced with, but not containing, controlled
substances in Group II of Annex C. If determined feasible, the Parties shall, following
the procedures in Article 10 of the Convention, elaborate in an annex a list of such
products. Parties that have not objected to the annex in accordance with those
procedures shall ban or restrict, within one year of the annex having become effective,
the import of those products from any State not party to this Protocol.
5. Each Party undertakes to the fullest practicable extent to discourage the export to
any State not party to this Protocol of technology for producing and for utilizing
controlled substances in Annexes A, B, C and E.
6. Each Party shall refrain from providing new subsidies, aid, credits, guarantees or
insurance programmes for the export to States not party to this Protocol of products,
equipment, plants or technology that would facilitate the production of controlled
substances in Annexes A, B, C and E.
7. Paragraphs 5 and 6 shall not apply to products, equipment, plants or technology
that improve the containment, recovery, recycling or destruction of controlled
substances, promote the development of alternative substances, or otherwise
contribute to the reduction of emissions of controlled substances in Annexes A, B, C
and E.


                                            19
8. Notwithstanding the provisions of this Article, imports and exports referred to in
paragraphs 1 to 4 ter of this Article may be permitted from, or to, any State not party
to this Protocol, if that State is determined, by a meeting of the Parties, to be in full
compliance with Article 2, Articles 2A to 2I and this Article, and have submitted data
to that effect as specified in Article 7.
9. For the purposes of this Article, the term “State not party to this Protocol” shall
include, with respect to a particular controlled substance, a State or regional economic
integration organization that has not agreed to be bound by the control measures in
effect for that substance.
10. By 1 January 1996, the Parties shall consider whether to amend this Protocol in
order to extend the measures in this Article to trade in controlled substances in Group
I of Annex C and in Annex E with States not party to the Protocol.

                        Article 4A: Control of trade with Parties
1. Where, after the phase-out date applicable to it for a controlled substance, a Party is
unable, despite having taken all practicable steps to comply with its obligation under
the Protocol, to cease production of that substance for domestic consumption, other
than for uses agreed by the Parties to be essential, it stall ban the export of used,
recycled and reclaimed quantities of that substance, other than for the purpose of
destruction.
2. Paragraph 1 of this Article shall apply without prejudice to the operation of Article
11 of the Convention and the non-compliance procedure developed under Article 8 of
the Protocol.

                                  Article 4B: Licensing
1. Each Party shall, by 1 January 2000 or within three months of the date of entry into
force of this Artikle for it, whichever is the later, establish and implement a system for
licensing the import and export of new, used, recycled and reclaimed controlled
substances in Annexes A, B, C and E.
2. Notwithstanding paragraph 1 of this Article, any Party operating under paragraph 1
of Article 5 which decides it is not in a position to establish and implement a system
for licensing the import and export of controlled substances in Annexes C and E, may
delay taking those actions until 1 January 2005 and 1 January 2002, respectively.
3. Each Party shall, within three months of the date of introducing its licensing
system, report to the Secretariat on the establishment and operation of that system.
4. The Secretariat shall periodically prepare and circulate to all Parties a list of the
Parties that have reported to it on their licensing systems and shall forward this
information to the Implementation Committee for consideration and appropriate
recommendations to the Parties.




                                             20
DECISIONS OF THE MEETING OF THE PARTIES ON ILLEGAL TRADE

Decision VII/33: Illegal imports and exports of controlled substances

The Seventh Meeting of the Parties decided in Dec. VII/33 to request that the
Secretariat examine information available to it, and request further information from
the Parties regarding dumping, illegal imports and exports, and uncontrolled
production of Annex A and B substances and products containing them that could
undermine the effectiveness of the Protocol, and report to the Eighth Meeting of the
Parties, taking into account the noncompliance procedure under the Montreal
Protocol.

Decision VIII/20: Illegal imports and exports of controlled substances

The Eighth Meeting of the Parties decided in Dec. VIII/20:
1. To note with appreciation the report prepared by the Secretariat on illegal imports
and exports of ozonedepleting substances;
2. To urge each Party not operating under Article 5 that has not already done so to
establish a systém requiring validation and approval of imports of any used, recycled
or reclaimed ozone-depleting substances before they are imported. Importers should
sufficiently demonstrate to approving authorities that the ozone-depleting substances
have indeed been previously used;
3. To request each Party not operating under Article 5 to report to the Secretariat by
the Ninth Meeting of the Parties on the establishment of the system described in
paragraph 2 above;
4. That the exception in decision IV/24 (which provides that the import and export of
recycled and used controlled substances not be taken into account in the calculation of
the Party’s consumption level) stall not apply to any Party not operating under Article
5 that has not established by 1 January 1998 a systém such as that described in
paragraph 2 above;
5. To request the Ninth Meeting of the Parties to consider instituting a system to
require validation and approval of exports of used and recycled ozone-depleting
substances from all Parties.

Decision XII/10: Monitoring of international trade and prevention of illegal
trade in ozone-depleting substances, mixtures and products containing ozone-
depleting substances

The Twelfth Meeting of the Parties decided in Dec. XII/10:
Recognizing the threat of illegal trade in ozone-depleting substances, mixtures and
products containing ozonedepleting substances to the global process of ozone layer
protection,
Understanding the importance of control of trade in ozone-depleting substances,
mixtures and products containing ozone-depleting substances in all Parties in view of
the need for global implementation of the provisions of the Montreal Protocol,



                                          21
Acknowledging that presently the effective control at national borders of trade in
ozone-depleting substances, mixtures and products containing ozone-depleting
substances is very difficult due to problems in ozone depleting substances
identification, the complexity of relevant customs codes, the lack of an internationally
accepted common labelling system and the lack of specially trained customs officers,
and the need to approach most of these problems by concerted action at the
international level,
Acknowledging that it is important to understand the status of and take into account
ongoing work in this area by other international bodies, and take into consideration
previous decisions of the Parties, including decisions IX/22, X/18 and XI/26,
1. To request the Ozone Secretariat, in consultation, as appropriate, with the
Technology and Economic Assessment Panel, the United Nations Environment
Programme, the discussion group on customs codes for ozone-depleting substances
and international trade and customs organizations, to examine the options for studying
the following issues and to report on these options at the twenty-first meeting of the
Open ended Working Group for consideration by the Parties in 2001:
(a) Current national legislation on the labelling of ozone-depleting substances,
mixtures containing ozone-depleting substances and products containing ozone-
depleting substances;
(b) The need for, scope of and cost of implementation of a universal labelling and/or
classification system for ozone-depleting substances, mixtures containing ozone-
depleting substances and products containing ozone-depleting substances, including
the feasibility of the introduction of a producer-specific marker, identifier or
identification methodology;
(c) Methods for sharing experience between Parties on issues related to classification,
labelling, compliance and incidents of illegal trade;
(d) The differences between products containing ozone-depleting substances and
mixtures containing ozone-depleting substances, and the possibility of the creation of
a list of categories of products containing ozone-depleting substances with the
corresponding Harmonized System/Combined Nomenclature classification;
(e) Possible guidance for customs authorities on how to proceed with the illegally
traded ozone depleting substances seized on the border;
 2. To express appreciation for the activities of the Division of Technology, Industry
and Economics of the United Nations Environment Programme and to encourage
further work with regard to providing information on the above to Article 5 Parties
and countries with economies in transition, specifically through customs training at
the regional and/or national level.

Decision XIII/12: Monitoring of international trade and prevention of illegal
trade in ozone-depleting substances, mixtures and products containing ozone-
depleting substances

The Thirteenth Meeting of the Parties decided in Dec. XIII/12:
1. To request the Ozone Secretariat, in consultation, as appropriate, with the
Technology and Economic Assessment Panel, the World Customs Organization, the


                                          22
United Nations Environment Programme Division of Technology, Industry and
Economics (UNEP/DTIE) and the World Trade Organization to undertake a study and
present a report with practical suggestions on the issues contained in Decision XII/10
to the Open-ended Working Group at its 22nd meeting, in 2002, for consideration by
the Parties in 2002;
2. That in preparing the study, the Secretariat should use Decision XII/10 as terms of
reference and should study solely those issues discussed in that decision.

Decision XIV/7: Monitoring of trade in ozone-depleting substances and
preventing illegal trade in ozone-depleting substances

The Fourteenth Meeting of the Parties decided in Dec. XIV/7:
Mindful of Decision XIII/12 requesting the Ozone Secretariat to undertake a study
dealing with issues related to monitoring of trade in ODS and preventing illegal trade
in ODS listed in Decision XII/10 and present a report with practical suggestions to the
Open-ended Working Group at its twenty-second meeting, in 2002, for consideration
of the Parties in 2002,
Acknowledging with appreciation the work of the Ozone Secretariat and all
organizations and individuals which assisted in the preparation of the report,
Acknowledging with appreciation the proposal from the Ozone Secretariat, based on
the work done by the ODS Customs Codes Discussion Group convened under
Decision X/18, on national subdivisions to customs codes for classification of
mixtures containing ODS, which is presently being processed by the World Customs
Organization,
Recalling previous decisions of the Parties dealing with monitoring of trade in ODS,
customs codes, ODS import and export licensing systems and prevention of illegal
trade in ODS, namely Decisions II/12, VI/19, VIII/20, IX/8, IX/22, X/18 and XI/26,
Understanding the importance of actions aimed at improvement of monitoring of
trade in ODS and preventing illegal trade in ODS for timely and smooth phase-out of
ODS according to the agreed schedules,
1. To encourage each Party to consider means and continued efforts to monitor
international transit trade;
2. To encourage all Parties to introduce economic incentives that do not impair
international trade but which are appropriate and consistent with international trade
law, to promote the use of ODS substitutes and products (including equipment)
containing them or designed for them, and technologies utilizing them; and to
consider demand control measures in addressing illegal trade;
3. To urge each Party that has not already done so to introduce in its national customs
classification systém the separate sub-divisions for the most commonly traded HCFCs
and other ODS contained in the World Customs Organization recommendation of 25
June 1999 and request that Parties provide a copy to the Secretariat; and to urge all
Parties to take due account of any new recommendations by the World Customs
Organization once they are agreed;
4. To provide the following further clarification of the difference between a controlled
substance, or a mixture containing a controlled substance, and a product containing a


                                          23
controlled substance contained in Article 1 of the Montreal Protocol and further
explained in Decision I/12A:
 (a) No matter which customs code is allocated to a controlled substance or mixture
containing a controlled substance, such substance or mixture, when in a container
used for transportation or storage as defined in Decision 1/12A, shall be considered to
be a “controlled substance” and thus shall be subject to the phase-out schedules
agreed upon by the Parties;
(b) The clarification contained in subparagraph (a) above concerns, in particular,
controlled substances or mixtures containing controlled substances classified under
customs codes related to their function and sometimes wrongly considered to be
“products”, thus avoiding any controls resulting from the Montreal Protocol phase-out
schedules;
5. To encourage all Parties to exchange information and intensify joint efforts to
improve means of identification of ODS and prevention of illegal ODS traffic. In
particular those Parties concerned should make even greater use of the UNEP regional
networks and other networks in order to increase cooperation on illegal trade issues
and enforcement activities;
6. To request the Division of Technology, Industry and Economics of the United
Nations Environment Programme through the Executive Committee to report to the
Sixteenth Meeting of the Parties on the activities of the regional networks with regard
to means of combating illegal trade; to request the Executive Committee to consider
making an evaluation of customs officers training and licensing systems projects a
priority and, if possible, report to the Sixteenth Meeting of the Parties;
7. To invite Parties, in order to facilitate exchange of information, to report to the
Ozone Secretariat fully proved cases of illegal trade in ozone-depleting substances.
The illegally traded quantities should not be counted against a Party’s consumption
provided the Party does not place the said quantities on its own market. The
Secretariat is requested to collect any information on illegal trade received from the
Parties and to disseminate it to all Parties. The Secretariat is also requested to initiate
exchanges with countries to explore options for reducing illegal trade;
8. To request the Executive Committee of the Multilateral Fund to continue to provide
financial and technical assistance to Article 5 Parties to introduce, develop and apply
inspection technologies and equipment in customs to combat illegal ODS traffic and
to monitor ODS trade, and to report to the Sixteenth Meeting of the Parties to the
Montreal Protocol on activities to date.
 ICLE 4
Decision XVI/33:       Illegal trade in ozone-depleting substances

1.     To note with appreciation the notes by the Secretariat on information reported
by the Parties on illegal trade in ozone-depleting substances1 and on streamlining the
exchange of information on reducing illegal trade in ozone-depleting substances; 2

2.     Further to note with appreciation the report by the Division of Technology,
Industry and Economics of the United Nations Environment Programme on activities


             1
                 UNEP/OzL.Pro.16/7.
             2
                 UNEP/OzL.Pro.16/8.


                                            24
of the regional networks with regard to means of combating illegal trade; 3

3.      To note the need for coordination of efforts by Parties at national and
international level to suppress illegal trade in ozone-depleting substances;

4.      To request the Ozone Secretariat to gather further ideas from the Parties on
further areas of cooperation between Parties and other bodies in combating illegal
trade such as development of a system of tracking trade in ozone-depleting substances
and improvement of communications between exporting and importing countries in
the light of the information provided in the note by the Secretariat on streamlining the
exchange of information on reducing illegal trade in ozone-depleting substances and
the report by the Division of Technology, Industry and Economics of the United
Nations Environment Programme on activities of the regional networks with regard to
means of combating illegal trade;

5.     Further to request the Ozone Secretariat to produce draft terms of reference for
a study on the feasibility of developing a system of tracking trade in ozone-depleting
substances and the cost implications of carrying out such a study, taking into account
the proposal presented by Sri Lanka;

6.      To request in addition the Executive Secretary of the Ozone Secretariat to
convene in the first half of 2005, and provided that funds are available, a workshop of
experts from Parties to the Montreal Protocol to develop specific areas and a
conceptual framework of cooperation in the light both of information already
available and of the reports to be produced by the Secretariat pursuant to paragraphs 4
and 5 above and make appropriate proposals to the Meeting of the Parties;

7.     To consider the information on the outcome of the workshop to be convened
by the Ozone Secretariat at the Seventeenth Meeting of the Parties;

Decision XVII/16: Preventing illegal trade in controlled ozone-depleting
substances

Mindful of the importance of preventing illegal trade to ensuring the smooth and
effective phase-out of controlled ozone-depleting substances,
Understanding the need to control both import and export of all controlled ozone-
depleting substances by all Parties, in particular through establishment of licensing
systems, as required under Article 4B of the Montreal Protocol,
Recalling the provisions related to monitoring and control of trade in controlled
ozone-depleting substances contained in decisions VII/9, VIII/20, IX/8 and XIV/7,
Recognizing that there are already trade tracking systems established in other
environmental conventions as well as international trade statistics databases,
Mindful of the ongoing development of the Strategic Approach to International
Chemicals Management, which includes as an objective the prevention of illegal
international trade, and of decision 23/9 of the Governing Council of the United
Nations Environment Programme, on chemicals management, requesting the

             3
                 UNEP/OzL.Pro.16/13.


                                          25
Executive Director of the United Nations Environment Programme to promote
cooperation between the Montreal Protocol and certain other conventions in
addressing international illegal trafficking of hazardous chemicals and hazardous
wastes,
Acknowledging with appreciation the draft terms of reference for a study on the
feasibility of developing an international system of tracking the movement of
controlled ozone-depleting substance between Parties produced by the Ozone
Secretariat, as required by decision XVI/33,
Noting with appreciation the outcome of the workshop of experts from the Parties to
the Montreal Protocol organized by the Ozone Secretariat on 3 April 2005 in
Montreal on the development of specific areas and a conceptual framework of
cooperation in preventing and combating illegal trade in controlled ozone-depleting
substances,
Noting with appreciation the Report of the Executive Committee of the Multilateral
Fund for the Implementation of the Montreal Protocol on the evaluation of customs
officers training and licensing system projects to the twenty-fifth meeting of the
Open-ended Working Group,
1. To approve the terms of reference for a study on the feasibility of developing an
international system of monitoring the transboundary movement of controlled ozone-
depleting substances between Parties, as presented in the appendix to the present
decision, and to request the Ozone Secretariat to undertake such a study, to initiate the
necessary tenders and to present the results to the Eighteenth Meeting of the Parties to
the Montreal Protocol in 2006;
2. To invite the Ozone Secretariat to consult with other conventions or organizations
who might benefit from the outcome of that study to contribute towards its work;
3. To urge all Parties, including regional economic integration organizations, to
implement fully their obligations under Article 4B of the Montreal Protocol, in
particular, the licensing systems for the control of imports, exports, re-exports (re-
exports mean exports of previously imported substances) and, if technically and
administratively feasible, transit of all controlled ozone-depleting substances,
including mixtures containing them, regardless of whether the Party concerned is or is
not recognized as the producer and/or importer, exporter or re-exporter of the
particular substance or group of substances;
4. To request the Ozone Secretariat to revise the reporting format resulting from
decision VII/9 to cover exports (including re-exports) of all controlled ozone-
depleting substances, including mixtures containing them, and to urge the Parties to
implement the revised reporting format expeditiously. The Ozone Secretariat is also
requested to report back aggregated information related to the controlled substance in
question received from the exporting/re-exporting Party to the importing
Party concerned;
5. To invite Parties to submit information to the Ozone Secretariat by 30 June 2006 on
any existing systems for exchanging information on import and export licenses
between importing and exporting Parties;




                                           26
6. To consider additional control measures with regard to the use of controlled ozone-
depleting substances in particular sectors or in particular applications, as this approach
may effectively diminish illegal trade activities;
7. To encourage further work on the Green Customs initiative of the United Nations
Environment Programme in combating illegal trade in controlled ozone-depleting
substances as well as further networking and twinning activities in the framework of
regional networks aimed at the exchange of information and experience on both licit
and illicit trade in controlled ozone-depleting substance between the Parties, including
enforcement agencies;
8. To request the Executive Committee to consider at its forty-eighth meeting the
recommendations contained in the report of the Executive Committee of the
Multilateral Fund for the Implementation of the Montreal Protocol on the Evaluation
of Customs Officers Training and Licensing System Projects to the twenty-fifth
meeting of the Open-ended Working Group”, in particular where they relate to
customs training and other elements of capacity building that are needed in combating
illegal trade in controlled ozone-depleting substances;
9. To approve a maximum amount of $200,000 from the Trust Fund of the Vienna
Convention as a one-time measure to facilitate the feasibility study on developing a
system for monitoring the transboundary movement of controlled ozone-depleting
substances between the Parties;

Prague Declaration on enhancing cooperation among chemicals-related
multilateral environmental agreements

      We, the ministers of the environment and heads of delegation of the following
Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer
attending the Sixteenth Meeting of the Parties of the Montreal Protocol in the city of
Prague:
Algeria, Armenia, Austria, Belgium, Belize, Bosnia and Herzegovina, Bulgaria,
Burkina Faso, Burundi, Cambodia, Cameroon, Congo, Croatia, Cyprus, Czech
Republic, Democratic Republic of the Congo, Denmark, Dominica, Dominican
Republic, Egypt, Estonia, European Community, Fiji, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Kuwait, Kyrgyzstan, Lao People’s
Democratic Republic, Latvia, Lithuania, Luxembourg, Maldives, Malta, Mozambique,
Nepal, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Serbia
and Montenegro, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden,
Switzerland, Thailand, The former Yugoslav Republic of Macedonia, Turkey, Ukraine,
United Kingdom of Great Britain and Northern Ireland, Viet Nam, Zambia
      Recognizing the need to continue the momentum of unique and successful
cooperation among the world communities in negotiating and implementing the
Montreal Protocol,
       Aware of the need to maintain the integrity of the Montreal Protocol to
continue on the road to the recovery of the ozone layer and to its subsequent
sustainable preservation,



                                           27
        Conscious of the Plan of Implementation of the World Summit on Sustainable
Development and the need successfully to implement the Montreal Protocol in order
to attain sustainable development objective,
      Cognizant of the findings of the Scientific Assessment Panel of the Montreal
Protocol and the Intergovernmental Panel on Climate Change on interlinkages
between ozone layer depletion and climate change,
      Recognizing also that the mainstreaming of the environmental dimension into
national strategies for sustainable development and poverty reduction remains an
important challenge to all countries,
       Aware of the efforts of the world community to develop a strategic approach to
international chemicals management,
      1.        Reaffirm their commitment to continue their efforts to protect the
global environment and the ozone layer, bearing in mind in particular the Rio
Principles, including the principle of common but differentiated responsibilities;
       2.       Stress the need in particular, to implement the relevant elements of the
Plan of Implementation of the World Summit on Sustainable Development
concerning the sound management of chemicals, including the prevention of
international illegal trade in ozone-depleting substances, hazardous chemicals and
hazardous wastes;
       3.       Emphasize the need for developing countries to implement multilateral
environmental agreements and mainstream environmental considerations in their
sustainable development and poverty reductions strategies to maximise the efficiency
of the technical and financial support provided;
      4.       Reiterate the need to help provide support for the implementation of
chemicals-related multilateral environmental agreements to developing countries and
countries with economies in transition, for the Montreal Protocol including through an
adequate replenishment of the Multilateral Fund for the Implementation of the
Montreal Protocol and the Global Environment Facility and enhanced cooperation
between these funds;
       5.       Enhance the collaborative efforts towards technological development,
in particular those related to the protection of the ozone layer and the mitigation of
climate change, and transfer technology to the countries that need it;
       6.       Seek alliance with other multilateral instruments like the Basel,
Rotterdam and Stockholm conventions to contribute to an effective strategic approach
to international chemicals management; and
      7.       Declare the willingness of the Parties assembled in this City of Bridges
to contribute to building bridges between the relevant multilateral environmental
agreements and to help them draw inspiration from the success of the Montreal
Protocol while, in turn, drawing inspiration from them in meeting future challenges.


Prague, 26 November 2004




                                          28
        STOCKHOLM CONVENTION ON PERSISTENT
               ORGANIC POLLUTANTS
              RELEVANT ARTICLES OF THE STOCKHOLM CONVENTION

                                           Article 3

        Measures to reduce or eliminate releases from intentional production and use


     1. Each Party shall:

      (a)     Prohibit and/or take the legal and administrative measures necessary to
eliminate:
              ….

              (ii)   Its import and export of the chemicals listed in Annex A in
                     accordance with the provisions of paragraph 2; and

2.      Each Party shall take measures to ensure:

        (a)   That a chemical listed in Annex A or Annex B is imported only:

              (i)    For the purpose of environmentally sound disposal as set forth in
                     paragraph 1 (d) of Article 6; or

              (ii)   For a use or purpose which is permitted for that Party under Annex
                     A or Annex B;

      (b) That a chemical listed in Annex A for which any production or use
specific exemption is in effect or a chemical listed in Annex B for which any
production or use specific exemption or acceptable purpose is in effect, taking into
account any relevant provisions in existing international prior informed consent
instruments, is exported only:

              (i)    For the purpose of environmentally sound disposal as set forth in
                     paragraph 1 (d) of Article 6;

              (ii)   To a Party which is permitted to use that chemical under Annex A
                     or Annex B; or

              (iii) To a State not Party to this Convention which has provided an
                    annual certification to the exporting Party. Such certification shall
                    specify the intended use of the chemical and include a statement
                    that, with respect to that chemical, the importing State is committed
                    to:

                     a.     Protect human health and the environment by taking the
                            necessary measures to minimize or prevent releases;



                                               29
                    b.    Comply with the provisions of paragraph 1 of Article 6; and

                    c.    Comply, where appropriate, with the provisions of paragraph
                          2 of Part II of Annex B.

                    The certification shall also include any appropriate supporting
                    documentation, such as legislation, regulatory instruments, or
                    administrative or policy guidelines. The exporting Party shall
                    transmit the certification to the Secretariat within sixty days of
                    receipt.

     (c) That a chemical listed in Annex A, for which production and use specific
exemptions are no longer in effect for any Party, is not exported from it except for the
purpose of environmentally sound disposal as set forth in paragraph 1 (d) of Article 6;

……..

                                             Article 6
          Measures to reduce or eliminate releases from stockpiles and wastes
   1. In order to ensure that stockpiles consisting of or containing chemicals listed
   either in Annex A or Annex B and wastes, including products and articles upon
   becoming wastes, consisting of, containing or contaminated with a chemical listed
   in Annex A, B or C, are managed in a manner protective of human health and the
   environment, each Party shall:
       (d) Take appropriate measures so that such wastes, including products and
articles upon becoming wastes, are:

            (i)     Handled, collected, transported and stored in an environmentally sound
                    manner;

            (ii)    Disposed of in such a way that the persistent organic pollutant content is
                    destroyed or irreversibly transformed so that they do not exhibit the
                    characteristics of persistent organic pollutants or otherwise disposed of in
                    an environmentally sound manner when destruction or irreversible
                    transformation does not represent the environmentally preferable option or
                    the persistent organic pollutant content is low, taking into account
                    international rules, standards, and guidelines, including those that may be
                    developed pursuant to paragraph 2, and relevant global and regional
                    regimes governing the management of hazardous wastes;

            (iii)   Not permitted to be subjected to disposal operations that may lead to
                    recovery, recycling, reclamation, direct reuse or alternative uses of
                    persistent organic pollutants; and

            (iv)    Not transported across international boundaries without taking into
                    account relevant international rules, standards and guidelines;




                                              30
                                       Article 9

                                Information exchange

1.    Each Party shall facilitate or undertake the exchange of information relevant to:

      (a) The reduction or elimination of the production, use and release of
persistent organic pollutants; and

       (b) Alternatives to persistent organic pollutants, including information
relating to their risks as well as to their economic and social costs.

2.     The Parties shall exchange the information referred to in paragraph 1
directly or through the Secretariat.

3.    Each Party shall designate a national focal point for the exchange of such
information.

4.    The Secretariat shall serve as a clearing-house mechanism for information on
persistent organic pollutants, including information provided by Parties,
intergovernmental organizations and non-governmental organizations.

5.    For the purposes of this Convention, information on 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.


            DECISION OF THE CONFERENCE OF THE PARTIES


The Conference of the Parties has not taken any decision directly addressing the issue
of illegal traffic yet. The Parties prepare rules for determining non-compliance with
the provisions of this Convention and for the treatment of Parties found to be in non-
compliance.




                                          31
     ROTTERDAM CONVENTION ON THE PRIOR
  INFORMED CONSENT PROCEDURE FOR CERTAIN
    HAZARDOUS CHEMICALS AND PESTICIDES IN
           INTERNATIONAL TRADE

      RELEVANT ARTICLES OF THE ROTTERDAM CONVENTION


                                         Article 2

                                        Definitions

For the purposes of this Convention:

….

(f) ´Export´ and ´import´ mean, in their respective connotations, the movement of a
chemical from one Party to another Party, but exclude mere transit operations;



                                         Article 3

                                 Scope of the Convention

1. This Convention applies to:

(a) Banned or severely restricted chemicals; and

(b) Severely hazardous pesticide formulations.

2. This Convention does not apply to:

(a) Narcotic drugs and psychotropic substances;

(b) Radioactive materials;

(c) Wastes;

(d) Chemical weapons;

(e) Pharmaceuticals, including human and veterinary drugs;

(f) Chemicals used as food additives;

(g) Food;




                                            32
(h) Chemicals in quantities not likely to affect human health or the environment
provided they are imported:

(i) For the purpose of research or analysis; or

(ii) By an individual for his or her own personal use in quantities reasonable for such
use.

                                       Article 10

          Obligations in relation to imports of chemicals listed in Annex III

1. Each Party shall implement appropriate legislative or administrative measures to
ensure timely decisions with respect to the import of chemicals listed in Annex III.

2. Each Party shall transmit to the Secretariat, as soon as possible, and in any event no
later than nine months after the date of dispatch of the decision guidance document
referred to in paragraph 3 of Article 7, a response concerning the future import of the
chemical concerned. If a Party modifies this response, it shall forthwith submit the
revised response to the Secretariat.

3. The Secretariat shall, at the expiration of the time period in paragraph 2, forthwith
address to a Party that has not provided such a response, a written request to do so.
Should the Party be unable to provide a response, the Secretariat shall, where
appropriate, help it to provide a response within the time period specified in the last
sentence of paragraph 2 of Article 11.

4. A response under paragraph 2 shall consist of either:

(a) A final decision, pursuant to legislative or administrative measures:

(i) To consent to import;
(ii) Not to consent to import; or
(iii) To consent to import only subject to specified conditions; or

(b) An interim response, which may include:

(i) An interim decision consenting to import with or without specified conditions, or
not consenting to import during the interim period;
(ii) A statement that a final decision is under active consideration;
(iii) A request to the Secretariat, or to the Party that notified the final regulatory
action, for further information;
(iv) A request to the Secretariat for assistance in evaluating the chemical.

5. A response under subparagraphs (a) or (b) of paragraph 4 shall relate to the
category or categories specified for the chemical in Annex III.

6. A final decision should be accompanied by a description of any legislative or
administrative measures upon which it is based.



                                           33
7. Each Party shall, no later than the date of entry into force of this Convention for it,
transmit to the Secretariat responses with respect to each chemical listed in Annex III.
A Party that has provided such responses under the Amended London Guidelines or
the International Code of Conduct need not resubmit those responses.

8. Each Party shall make its responses under this Article available to those concerned
within its jurisdiction, in accordance with its legislative or administrative measures.

9. A Party that, pursuant to paragraphs 2 and 4 above and paragraph 2 of Article 11,
takes a decision not to consent to import of a chemical or to consent to its import only
under specified conditions shall, if it has not already done so, simultaneously prohibit
or make subject to the same conditions:

(a) Import of the chemical from any source; and

(b) Domestic production of the chemical for domestic use.

10. Every six months the Secretariat shall inform all Parties of the responses it has
received. Such information shall include a description of the legislative or
administrative measures on which the decisions have been based, where available.
The Secretariat shall, in addition, inform the Parties of any cases of failure to transmit
a response.

                                        Article 11

           Obligations in relation to exports of chemicals listed in Annex III

1. Each exporting Party shall:

(a) Implement appropriate legislative or administrative measures to communicate the
responses forwarded by the Secretariat in accordance with paragraph 10 of Article 10
to those concerned within its jurisdiction;

(b) Take appropriate legislative or administrative measures to ensure that exporters
within its jurisdiction comply with decisions in each response no later than six months
after the date on which the Secretariat first informs the Parties of such response in
accordance with paragraph 10 of Article 10;

(c) Advise and assist importing Parties, upon request and as appropriate:

(i) To obtain further information to help them to take action in accordance with
paragraph 4 of Article 10 and paragraph 2 (c) below; and
(ii) To strengthen their capacities and capabilities to manage chemicals safely during
their life-cycle.

2. Each Party shall ensure that a chemical listed in Annex III is not exported from its
territory to any importing Party that, in exceptional circumstances, has failed to
transmit a response or has transmitted an interim response that does not contain an
interim decision, unless:



                                            34
(a) It is a chemical that, at the time of import, is registered as a chemical in the
importing Party; or

(b) It is a chemical for which evidence exists that it has previously been used in, or
imported into, the importing Party and in relation to which no regulatory action to
prohibit its use has been taken; or

(c) Explicit consent to the import has been sought and received by the exporter
through a designated national authority of the importing Party. The importing Party
shall respond to such a request within sixty days and shall promptly notify the
Secretariat of its decision.

The obligations of exporting Parties under this paragraph shall apply with effect from
the expiration of a period of six months from the date on which the Secretariat first
informs the Parties, in accordance with paragraph 10 of Article 10, that a Party has
failed to transmit a response or has transmitted an interim response that does not
contain an interim decision, and shall apply for one year.



    RELEVANT DECISIONS OF THE CONFERENCE OF THE PARTIES

RC-1/8: Encouragement of the World Customs Organization to assign specific
Harmonized System codes to the chemicals listed in Annex III

The Conference of the Parties,

Recalling that, in article 13, paragraph 1, the Convention provides that the 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, and that 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,

Noting that more chemicals will be added to Annex III in accordance with the
procedures established by the Convention,

Noting with great appreciation the work already done by the World Customs
Organization and the Intergovernmental Negotiating Committee,

1.    Welcomes the cooperation between the secretariat of the Rotterdam
Convention and the World Customs Organization;

2.    Encourages 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;

3.     Reminds each Party of its obligation under article 13, paragraph 1, of the
Convention to require that, whenever a code has been assigned to such a chemical, the
shipping document for that chemical bears the code when exported;


                                             35
4.    Requests the secretariat to continue to work with the secretariat of the World
Customs Organization.



RC-1/15: Cooperation with the World Trade Organization

The Conference of the Parties,

Noting that the United Nations Environment Programme and the World Trade
Organization have developed an informal institutional dialogue over several years, a
process that started under the General Agreement on Tariffs and Trade and continued
until 1994, before the existence of the World Trade Organization,

Noting the note by the secretariat concerning cooperation with the World Trade
Organization, 4

Noting also that informal dialogue has been taking place more recently between
multilateral environmental agreements, including between the interim secretariat of
the Rotterdam Convention and the World Trade Organization, to enhance synergies in
particular in relation to trade and environment,

Mindful of the need to strengthen cooperation between the Convention and the World
Trade Organization within their respective mandates,

1.     Welcomes the enhanced cooperation between the secretariat of the Convention
and the World Trade Organization;

2.     Requests the secretariat:
(a)    To seek observer status in the Committee on Trade and Environment in
Special Session of the World Trade Organization and inform Parties when the request
has been submitted and when it has been granted;
(b)    To report to the Conference of the Parties on any meetings of the World Trade
Organization that it attends, any substantive contacts that it has with the secretariat of
the World Trade Organization and any general or factual information provided to or
any other information requested by the secretariat of the World Trade Organization or
any other body of the World Trade Organization;
(c)    To ensure that at all times it does not provide an interpretation of the
provisions of the Convention;
(d)    To monitor developments in the Committee on Trade and Environment in
Special Session and report on such developments to the Conference of the Parties;
(e)     To reflect on ways of enhancing information flows on matters of common
interest with the World Trade Organization;

3.     Encourages Governments to apprise their representatives on the Committee on
Trade and Environment in Special Session of the present decision.
            4
                UNEP/FAO/RC/COP.1/INF/8.


                                            36
EXTRACT FROM THE REPORT OF COP 2
Encouragement of the World Customs Organization to assign specific
Harmonized System codes to the chemicals listed in Annex III
1.              The Conference had before it a report by the secretariat on continued
cooperation between the secretariat and the secretariat of the World Customs
Organization (WCO) (UNEP/FAO/RC/COP.2/16). It also had before it a note by the
secretariat which contained copies of relevant correspondence between WCO and the
secretariat (UNEP/FAO/RC/COP.2/INF/4) and a conference room paper submitted by
Switzerland containing a table of the Harmonized System customs codes assigned to
chemicals listed in Annex III to the Convention.
2.              Introducing the item, the representative of the secretariat summarized
the efforts made by the secretariat to continue cooperation with WCO, as described in
document UNEP/FAO/RC/COP.2/16. In addition, she noted that WCO at the
thirty-sixth session of its Harmonized System Committee had welcomed continued
cooperation with the Rotterdam Convention.
3.               In the ensuing debate, representatives expressed satisfaction with the
efforts made to promote cooperation with WCO and encouraged the secretariat to
continue its efforts in that regard. The importance of training activities for customs
officials, particularly in developing countries, was underscored. The importance of
cooperation and finding synergies with other chemicals-related multilateral
agreements when developing training programmes for customs officials was
highlighted as well.
4.               A number of representatives expressed appreciation to the delegation
of Switzerland for having prepared the table of Harmonized System codes assigned to
chemicals in annex III and said that it would be useful if that table could be made
available in all official languages of the United Nations. One representative suggested
that the table should be made available on the Convention website. The representative
of the secretariat said that the agreement of WCO would be sought before taking such
steps.
5.              The Conference endorsed continued cooperation between the
secretariat and WCO, both in the assignment of Harmonized System customs codes
and in developing and implementing a training scheme for customs officials on the
obligations of the Rotterdam Convention within the planned technical assistance
programmes of both WCO and the Rotterdam Convention.


E.     Cooperation with the World Trade Organization
6.              The Conference had before it a note prepared by the secretariat on
continued cooperation between the secretariat and the World Trade Organization
(WTO), including attempts to obtain observer status in the WTO Committee on Trade
and Environment in special session (UNEP/FAO/RC/COP.2/15). It also had before it
a note by the secretariat on secretariat arrangements (UNEP/FAO/RC/COP.2/INF/4),
which contained copies of correspondence between WTO and the secretariat and a
copy of a report by the Chair of the Committee on Trade and Environment in special
session to the WTO Trade Negotiations Committee.
7.             Introducing the item, the representative of the secretariat recalled the
provisions of decision RC-1/15 on cooperation with WTO, as set out in document


                                          37
UNEP/FAO/RC/COP.2/15, and noted that, although the secretariat had not yet been
granted observer status in the Committee on Trade and Environment, it had
participated as an ad hoc observer in the special session of the Committee held on 24
and 25 February 2005. She drew attention to the report of that meeting, which was
contained in document UNEP/FAO/RC/COP.2/INF/4, and said that the report of
subsequent meetings could be provided on request. She suggested that such reports
should regularly be made available to the Conference of the Parties in order to
enhance the exchange of information between the secretariat and WTO.
8.             The Conference took note of document UNEP/FAO/RC/COP.2/15
and agreed to support the efforts of the secretariat to promote further cooperation with
WTO.



COP 2 and 3 discussed procedures for institutional mechanisms for determining non-
compliance with the provisions of this Convention and for treatment of Parties found
to be in non-compliance. However, the discussion was not finalised yet.




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