INC9 REPORT.pdf - Rotterdam Convention

UNEP/FAO/PIC/INC.9/21
E. Issues related to the discontinuation of the interim prior informed consent procedure
124. A representative of the Secretariat drew the attention of the Committee to the documentation under
agenda item 5 (e) (see annex I), and explained that the Working Group established at the eighth session of
the Committee had been unable to reach consensus on the following five issues and, in its report
(UNEP/FAO/PIC/INC.9/18, annex), had identified options for possible solutions, for the attention of the
Committee. The outcome of those deliberations would be the basis for recommendations to the Conference
of the Parties or to the governing bodies of FAO and UNEP regarding the discontinuation of the interim PIC
procedure.
Composition of the PIC regions
125. The Committee decided to forward the following two options identified by the Working Group
(UNEP/FAO/PIC/INC.9/18, paras 16 (a) and (b)) to the first meeting of the Conference of the Parties:
(a) “That the PIC regions to be adopted at the first Conference of the Parties should be based on
the geographical distribution of the Parties at that time;
(b) That the PIC regions to be adopted at the first Conference of the Parties should be based on
the regions used during the interim PIC procedure, pending consideration of the geographical distribution of
Parties at that time.”
Chemicals subject to the interim PIC procedure but not yet listed in Annex III to the Convention
126. Following the discussion, the Committee decided to forward the following proposal, as identified by
the Working Group (UNEP/FAO/PIC/INC.9/18, para. 21 (a)), to the first meeting of the Conference of the
Parties:
“Parties could be given up to nine months from the date of the first Conference of the Parties to
provide a response in line with article 10, paragraph 2. After that period, exporting Party obligations under
article 11 would only take effect six months after the exporting Party received information from the
secretariat under article 10, paragraph 10, that the importing Party had failed to transmit a response, and
would then apply for one year.”
Notifications of final regulatory action and proposals for severely hazardous pesticide formulations
127. During the discussion, representatives expressed various preferences concerning both options
identified by the Working Group (UNEP/FAO/PIC/INC.9/18, paras. 30 (a) and (b)). Informal consultations
continued in the group of Friends of the Chair.
Status of notifications and proposals submitted by participating States
128. During the discussion, representatives expressed various preferences concerning both options
identified by the Working Group (UNEP/FAO/PIC/INC.9/18, paras. 40 (a) and (b)). Informal consultations
continued in the group of Friends of the Chair.
The post-transition period – discontinuation of the interim procedure
129. During the discussion of the options identified by the Working Group (UNEP/FAO/PIC/INC.9/18,
paras. 46 (a) and (b)), several representatives considered that it was useful to retain the information on
import responses and national contact points, perhaps setting a time limit for its retention and providing a
caveat that it was time-specific. It was stressed that the issue was linked to the duration of the transition
period, which was still unknown. Informal consultations continued in the group of Friends of the Chair.
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