Rotterdam
Convention on the Prior Informed Consent
Procedure for Certain Hazardous Chemicals and
Pesticides
in International Trade
(Rotterdam, 10 September 1998)
OBJECTIVES
The objective of the
Convention is to promote shared responsibility and cooperation among Parties in
international trade of certain hazardous pesticides and chemicals in order to
protect human health and the environment from potential harm.
The
Convention renders the monitoring and controlling of trade in dangerous
substances more efficient and transparent. In addition, the Convention
strengthens the ability of importing countries to decide which chemicals they
wish to receive and to exclude those they cannot manage safely. If trade does
take place, the Convention’s requirements for labelling and provision of
information on potential health and environmental effects will promote the safe
use of such chemicals.
KEY PROVISIONS
The Convention establishes a Prior
Informed Consent (PIC) procedure as a means for obtaining and disseminating the
policies of importing countries relating to future shipments of certain
chemicals and for ensuring compliance with such policies by exporting countries.
The decision not to import a certain chemical must be trade neutral, i.e., such
a decision must be followed by a prohibition of domestic production of the
chemical for domestic use or for imports from any other source.
The Convention provides for the exchange of information among Parties of
potentially hazardous chemicals that may be imported and exported, and for a
national decision-making process regarding import and compliance by exporters.
Each
Party shall facilitate the exchange of scientific, technical, economic and legal
information concerning the chemicals within the scope of this Convention.
Parties shall also facilitate the provision of publicly available information on
domestic regulatory actions. Information on domestic regulatory actions that
substantially restrict one or more uses of a chemical shall be made available to
other Parties, directly or through the secretariat of the Convention.
The
Convention provides for technical assistance between the Parties. The Parties
shall cooperate in promoting technical assistance for development of
infrastructure and the capacity necessary to manage chemicals to enable the
implementation of the Convention. In this respect, the needs of developing
countries and countries with economies in transition shall be taken into
account.
Each
Party must designate one or more national authorities to act on its behalf in
the performance of the administrative functions required by the
Convention.
The
implementation of the Convention will be overseen by a Conference of the
Parties. A Chemicals Review Committee will be established to review
notifications and nominations from Parties, and make recommendations to the
Conference of the Parties on which chemicals should be included in the PIC
procedure. The Convention requires that the entire process be conducted in an
open and transparent manner.
ENTRY INTO FORCE
The Convention is not yet in
force. It will enter into force on the ninetieth day after the date of deposit
of the fiftieth instrument of ratification, acceptance, approval or accession.
HOW TO BECOME A PARTY
The Convention is closed for
signature. It remains open for ratification, acceptance, approval or accession
by States and by regional economic integration organizations.
When
an organization, one or more of whose member States is a Party to the
Convention, becomes a Party to the Convention, the organization and the member
States shall not be entitled to exercise rights under the Convention
concurrently.
OPTIONAL AND/OR MANDATORY DECLARATIONS
When
ratifying, accepting, approving or acceding to this Convention, or at any time
thereafter, a Party that is not a regional economic integration organization may
declare that, with respect to any dispute concerning the interpretation or
application of the Convention, it accepts the submission of a dispute to the
International Court of Justice and/or arbitration in accordance with procedures
to be adopted by the Conference of the Parties.
A Party that
is a regional economic integration organization may make a declaration with like
effect in relation to arbitration.
At the time of ratification, acceptance, approval or accession, a
regional economic integration organization is required to make a specific
declaration on its competence with respect to matters governed by the
Convention.
RESERVATIONS
No reservations may be made to
this Convention.
WITHDRAWAL/DENUNCIATION
At any time after three years
from the date on which this Convention has entered into force for a Party, that
Party may withdraw from the Convention by giving written notification to the
depositary. Any such withdrawal shall take effect upon expiry of one year from
the date of receipt by the depositary of the notification of withdrawal, or on
such later date as may be specified in the notification of withdrawal.
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