INC9 REPORT.pdf - Rotterdam Convention

UNEP/FAO/PIC/INC.9/21
116. In order to enable the Secretariat to prepare such a report, the Conference of the Parties would need
to make a decision on reporting. Any such decision would need to reflect the following:
(a) There were already a number of provisions in the Convention that required information to be
submitted by Parties to the Secretariat. There was no necessity to modify the application of, or to purport to
amend, any of those provisions;
(b) There was a necessity for a questionnaire to invite Parties to supplement the information
which Parties were required to submit under the Convention;
(c) Most States considered that there was no case for the imposition, on Parties, of legally
binding obligations to supplement those obligations set out in the Convention;
(d)
Any questionnaire should be simple, and might be circulated to Parties by e-mail.
117. The Secretariat was invited to prepare, for consideration at the tenth session of the
Intergovernmental Negotiating Committee, a draft decision of the first meeting of the Conference of the
Parties on reporting and a questionnaire, reflecting the deliberations of the Group.
118. In addition, Parties might wish to consider whether subsidiary or technical bodies may request
Parties for further information on areas within their competence.
Compliance
119. The working group on compliance considered compliance issues under Article 17 and, using the
draft prepared by the Secretariat and annexed to document UNEP/FAO/PIC/INC.9/16, produced a working
draft of procedures and institutional mechanisms for handling cases of non-compliance, as set out in
annex VII to the present report. The group wished to consider the draft further at the tenth session of the
Intergovernmental Negotiating Committee.
120. The Committee took note of the report of the Chair of the working group on compliance and
expressed its appreciation for the work of the group, with particular thanks to the Chair, Mr. McGlone.
121. The Committee agreed to reconvene the working group on compliance at the tenth session of the
Committee, at an early stage in its proceedings. It was agreed that the Chair of the working group on
compliance would prepare a Chair’s draft, taking fully into account latest developments concerning the
procedures and institutional mechanisms for handling cases of non-compliance, in order to facilitate
discussions.
D. Assignment of specific Harmonized System customs codes
122. A representative of the secretariat drew the attention of the Committee to the documentation under
agenda item 5 (d) (see annex I) and underlined the effective cooperation between the secretariat and the
secretariat of the World Customs Organization (WCO). The European Community had also submitted a
proposal to WCO which was consistent with that of the secretariat. WCO had responded positively to both
sets of proposals, which it would take up at the meeting of its Harmonized System Committee from 18 to
29 November 2002. It was strongly emphasized that it was important for Governments represented in WCO
to give their broad support to the proposal to assign Harmonized System customs codes to the chemicals and
pesticides listed in Annex III of the Convention.
123. Noting that the allocation of Harmonized System codes would significantly facilitate the
implementation of the Convention, the Committee welcomed the progress made.
16