DOKUMEN 1
Naskah Resmi Dokumen
MINAMATA COIYVENTION ON MERCURY UhTITEDNATIONS 2013@ MINAvTA-TA CONVENIION ON MERCURY The Panies to this Convention, Recognhing thra fietcury is a chemical of global concern owing to its long-rsngc aulosphcric lron3port, it3 pe$ist€oc€ itr fie elvironncnt once Bntfuopogedcally i[troduccd, its ability to bioaccumulare in ecosystlms End its significsni nagstivc. cffocts on human health and the envirotrmcnq R.callit g decision 2515 of 20 February 2009 of the Goveming Council of the U tcd Natiors Eovironocot Programmc to initiate iltemational action to manage mercury iE an cfricictrt, €ffcctive and cohcr.Dt manner, Recalliag patagraph22l of thc outlome document of Ore United Nations Confcreicc on SustaiEble DevgloptEent "Thc fuhrte wr wart", which cslled for a successful outcome oftre n€gotiations ou a global leg.lly biuding instsument otr Esrcury to addrcss tha dsks to human health aDd the environmenq -Rrcarri4g the Unitcd Nafions Confcrcncc on Sustsinable Dcvolopment's realfirmation of the principles of the Rio Declaratiotr on EnvitolIteot and DcvGlopmcnt, inoluding, intqr alia, common but difelerti.tcd rcsponsibilitics, and acknowledging Statas' respective circumstatrces and c8pabiliti€s .od the need for global actioq A*are of the heslth oonccms, cspcaially iD dcveloping coulties, rcsulting ftol! cxposure to mercury of wlnerablc populatious, especially wome!, childrcn, and, through tham, future geEerations, Nothg lhe particular vulnenbilitics of Arctic ecosystems and indi8cnous communitics becausc of the biomagnifrcation of marcury sltd contamina(otr of traditional foods, snd conccmed about indigenous communities more generally with resp€ct to the effects of meicury, Recogt lzlng the subst{rtial lGsons of Mi[amars Disease, in palticular the serious heelth and environmental affects rcsulting ftom the Eercury pollutioq and the nccd to cnsure proper managemqrt of mercury and thc prcycntion ofsuch cvents in the future, SrrejJr'rg th6 importaocc of fimncial, technical, tcchnological, and capacity-building support, pafiicul.lly for developing countries, afld countries with cconomics irl transition, in order to strerErhcn national capabilitieg fot the tn.nagcmctrt of mcrcury and to pronote the effcctive implcmcntatiol of lhe CotrveEtion, Recognizing alrc trc sctivitics of tha l{rorld Hcalth Organization in thc protcction of humall heallh rclat€d to mercury and thc rolcs of relcvaDt multil8tgral €ovironmental agrcemeDts, cspecially the Bssel Colvqltion ott the Contlol of Traruboutdary Moveoeats of Hazardous \t/astes and Their Disposal and the Rotterdan Co[vcntion on thc Prior Infortrcd Colscot Plocedue fot Celtain Hazardous Chcmicsls and P€sticidcs i.o ltrt€matiotral Tiade, Recogrriziig lh,I lhb Conyemioo and other ilterrEtioml agreem€ots i! the field of thc envLonmelt altd tade are Eutually supportivq E nphdrhhg that nothing i! this Convention is intond€d to affect the rights and ob[gatiols of any Party derivhg &oo any cxisting intcm.tiotral age€!oetrL Ll deqrandingthd.the above recital is not i endcd to create I hi€rarchy betweeo this Conycntion and other internatiotral instmmetrts, Noting lhat nothing in this Convcntion prcvqrts I Party from takiog additional domestic mcasures consisbnt with the proyisioDs of this Convcatioa in an cffort to protect human health and the environmeDt Aom expo.sure to mcrcury in accordance rvi6 thst Party's otlrcr obligatiotrs under rpplicsblc iniEmstioml law, Have aSrecd as followsl Anicle , ObJoctivc Thc objcctive ofthis Convention is io protect the human health aIrd the envilonment &om anthropogenic eoissions and r€lasscs of r!€Iculy and mercury compounds. Ar{lctc 2 ' Durioltior" For thc purposcs of this Convcntion: (a) aArtisalal atrd snall-scal€ gold mining" mcaas gold mining conductod by individual miners or small cnterpriscs with linited capital investmcnt and Droduction; (b) 'B€st available techniqu€s" heatrs those techniques that lre thc most €fflctiv€ to prcvcnt and, wher€ that is not practicable, to rcducc emissions and releaies of mercury to ah watcr and laDd 8nd th€ impact of such Gmissioos and releascs on thc envfuooment as a whol€, tEking hlo ac.court economic and technioal considerations for a given Party o. a givcl facility withir thc tcrdtory ofthat Party. In this coEtext: (D 'Best" mcans most cffcctive in achicving a high general levcl of protection of the enviroDm€nt as a wholc; (ii) 'Availablc" technique.r heans, in respect ofa givcn Party and a given facility wilhin the territory of th.t Party, those tcchniques devcloped on a scalc that allows implem€ntstion in a rolcvant industial s€ctor unde! econoEically 8tld tcahnically viable conditions, taking itlto consideration the costs and beneffts, whcth€r o. not those tcchniques aro used or dcvelopqd within thc territory of that Party, providcd that they arc acccssible to the operator oftha facility a5 determined by dlat Pany; and (iii) "Techniques" means tcchnologies use.d, operational practices atld the ways in which instsllalions are dcsigned, built, maintaine4 operaEd and dgqommissioned; (c) "Best enyironmental practises" mearls the application of$c most approp atg combinarion of environmcntal control measurcs and stategies; (d) "Mercury" mcans clemental mcrcury (Hg(0), CAS No. 7439-r-6); (e) "Mercury compound" means ally subslarce consisting ofEtoms of mercury aod ofle o. more atoms of othcr chemical el€Dcnts thrt can bc separated ido diffdctrt components only by chemical reactions; (D "Mercury-add9d ploduct" means a product or produol compolr€ that cont8ins mercury or a mercury compound that was intentionslly added; (g) "Party" means a State or regional economic integation organization that has consented to be bound by this Convention and for which the Couvention is in force; (h) "Parties ptesent and voting" means Parties preseot and casting an affirmative or Degative vote Et a moeting of the Parties; (i) "Primary mercury mining" means mining in which the principal material sought is mercury; 0) "Regional economic integration organization" means an organization constituted by sovereign States of a given region to which its member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized, io accordance with its iuternal procedures, to sign, rati$, accept, approve or accede to this Convention; and (k) "Use allowed" means any use by a Party of mercury or merbury compounds consistent with this Convention, including, but not limited to, uses consistent with Articles 3, 4, 5, 6 and 7 . Article 3 Mercury supPlY sources and trede l. For the purposes of this Article: (a) References to "mercury" include mixtures of mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 por cent by weight; and O) "Mercury compounds" means mercury (I) chloride (known also as calomel), mercury (II) oxide, mercury (II) sulphate, mercury (II) nitrate, cinnabar and mercury sulphide. 2. The provisions of this futicle shall not apply to: (a) Quantities of mercury or mercury compounds to be used for laboratory-scalo resoarch or as a roference standard; or (b) Naturally ocourring trace quantities of mercury or mercury compounds present in such products as non-mercury metals, ores, or mineral products, including coal, or products derived from these materials, and unintentional trace quantities in chemical products; or (c) Mercury-addedproducts. 3. Each Party shall not allow primary mercury mining that was not being conducted within its territory at the date of enty into force of the Convention for it. 4. Each Party shalt only allow primary mercury mining that was being conducted within its territory at the date of enry into force of the Convcntion for it for a pcriod of up to liftecn years aftcr that date. During this period, mercury from such mining shall only be used in manufacturing of mercury-added products in accordance with Article 4, in manufacturing processes in aocordance with Article 5, or be disposed in aocordance with Article ll, using operations which do not lead to recovery' recycling, reclamation, direct re-use or alternative uses. 5. Each Party shall: (a) Endeavour to identify individual stocks of mercury or mercury compounds exceeding 50 metric tons, as wcll as sources of mercury supply generating stocks exceeding 10 metric tons pet yeax, that are located within its territory; (b) Take measures to cnsure that, where the Party determines that exeess mercury from the decomriissioning ofchlor-alkali facilities is avrilable, such mercury is disposed of in accordance with the guidelines for environmentally sound management referred to in paragraph 3 (a) of Adicle ll, using operations that do not lead to recovery recycling, reclamatioo, direct re-use or alternative uses. 6. Each Party shall not allow the export of mercury excePt: (a) To a Party that has provided the exporting Parfy with its written cotrsent, and only for the purpose of: (i) A use allowed to the importing Party under this Convention; or (ii) Environmentally sound interim storage as set out in Article l0; or (b) To a non-Party that has provided the exporting Pady with its written consent, including certification dem onstrating that: (D The non-Party has measures in place to ensure the protection of human health and the environment and to ensure its compliance with the provisions of Adicles l0 and I l; and (ii) Such mcrcury will bc used ooly for a use allowcd to a Pady utrd€r this. Coltvention or for environmcfltally sound interiE stoBge as set out ifl Articlr 10.
7. A[ €xpo iug Pfity oay lely on a gereral notifioatiotr to the Scoretarist by the importing Party or non-Party as the writtc[ coNeot rcquirrd by paragraph 6. Such gencral notilicstion shall set out sny tetms and corditions und€r which rhc importing Party' or oon-P.*y provides ils cooscnt. The notificstion may be revoked at ary timc by that Party ot lon.Party. The Secretsriat shall k€pp a public legister ofall such notifications. 8. Eich ?8rty shall rlot allow the import of mercury from a non-Party to whom it will providc its writtcn consent unless the tron-Party has provided certification thEt the mercury is not from iouces idcltilird 8s not allowgd undcr paragrrph 3 or paragraph 5 (b). 9. A Party that submits a geoeral lotihcstion of consclt utder paragraph 7 may decide not to apply paragraph 8, providcd that it maintairc comprehensivc rcsuictions ou lhe cxport of mcrcury ard has domestic mdasures in placa to cnsule that impotted mercury is man.ged in an elvironEentally sound mannqr. The Party shall provide a notificatiol of such dccision to the Seorctariat, including information dcsctibing ils export rest ctioirs ald doEastic regulatory Ee.srEcs, as well ss information on the quantities and countrics of origin of mcrcury imponed tiom non-Pafiies. 111c ScEctariat shall m&intain a public register of all such notifications. The Irlplcmentation and Compli!trce Committaa shall revicw and evaluatc any such notifioations and Supporting infolmation in accordance with Article 15 and may make rccommendations, as appropriate, to the Confrrcnce ofthe Parties.
10. The proccdure sEt out in paragragb 9 shau be ayailsblc until the cotrelusion of thc sccotrd Eeetirrg of fte Co[feronc€ of the Parti$, Aft€t that ti8e, it shsll ae{se to be availablc, unless the Conference ofthe Parties decides otherwis€ by simple majority of the Parties present and votiflg, except with respecr to & Party that h83 providld I notiiicstion under paragraph 9 bcfore thc cnd of tho sccond meeting ofOe Conferencc oftho Pof,tics,
11. Each Party sholl includc ir its repofis submittqd pursuatrt to Article 2l information sho\ring that tbe requiremerts ofthis Articl! haya brcn met.
12. 'Ile Coderence of the Partirs shall at its first mectin8 providc flrrther guid6Dce in regard to this Article, particularly in regad to paragraphs 5 (a), 6 and E, ard shall develop atrd adopt thc rcquted contetrt of the certification rcfered to in paragraphs 6 (b) and 8.
13. The Conference of the Parties shall evaluate whether the trade in specific mercury compounds compromises the objective of this Convention and consider whether specific mercury compounds should, by their listing in an additional anncx adoptod in accordance rvith Article 27, be made subject to paragraphs 6 and 8. ARTICLE 4 MERCTJRY-AI}DEI} PRODUCTS t. Each ParE shall not allow, by taking appropriate measures, the manufacture, import or export of mercury-added produots listed in Part I of Annex A after the phase-out date specified for those products, except where an exclusion is specified in Annex A or the Party has a registered exemption pursuant to Article 6. 2. A Pa$y may, as an alternative to paragraph l, indicate at the time of ratification or upon entry into force of an ameodment to Annex A for it, that it will implement different measures or strategies to address products listed in Part I of Anoex A. A Party may only choose this alternativ€ if it can demonstrate that it has already reduced to a de minimis level the manufacture, import, and export of the large majority of the products listed in Part I of Annex A and that it has implemented measures or stratcgies to reduce the use of mercury in additional products not listed in Part I of Annex A at the time it notifies the Sccretariat of its decision to use this altomative. In addition, a Party choosing this alternative shall: (a) Report at the first opporruniry to the Conference of the Parties a description of the mearures or strategies implemented, including a quantifi cation of the reductions achieved; (b) Implement measures or strategies to reduce the use of mercury in any products listed in Part I ofAnnex A for which a de minimis value has not yot been obtained; (c) Consider additional measures to achieve further reductions; and (d) Not be eligible to claim exemptions pursuant to Article 6 for any product category for which this alternative is chosen. No later thaD five years after the date of entry into force of the Couvention, the Conforence of the Parties shall, as part of the review process under paragraph 8, reviow the progress and the effectiveness of the measures taken under this paragraph. 3. Each Party shall take measurcE for the mercury-added products listed in Part II ofAnnex A in accordance with the provisions set out therein. 4. The Secretariat shalt, on the basis of information provided by Parties, collect and maintain inforrration on mercury-added products and their alternatives, and shall make such information publicly available. The Sccretariat shall also make publicly available aay other rolevant inforraation submitted by Parties. 5. Each Party shall take mea$ures to prevent the incorporation into assembled products of mercury-added products the manufacture, import and export of which are not allowed for it under this Articte. 6. Each Party shall discourage the manufacture and the distribution in commerce of mercury-added products not covered by any knowo use of mercury-edd€d products prior to the dato of entry into force of the Convention for it, unless an assessment of the risks and benefits of the product demonstrates environmental or human health benefits, A party shall provide to the Secretariat, as appropriate, infonnation on any such product, including any information on the environmontal and human hoalth risks and benefits of thc product. The Secretariat shall make such information publicly available, 7. Any Party nray submit a proposal to the Scoretariat for listing a mercury-added product in Annex A, which shall include information related to the availability, technical and economic feasibility and environmental .and health risks and benefits ofthe non-mercury alternatives to the product, taking into account information pursuant to paragraph 4. 8. No later than five years after the date of entry into force of the Convention, the Conference of the.Parties shall review Annex A and may consider amendmen6 to that Annex in accordance with Article 22, g, In reviewing Annex A pursuant to paragraph 8, the Conference of the Parties shall take into account at least: (a) Any proposal submitted under para$aph 7; (b) The information made available pursuart to paragraph 4; and (o) The availability to tho Parties of mercury-free alternatives that are technically and economically feasible, taking into account the environmental and human health risks and benefits. Arttclc 5 Merlfecluring proccrsca lo whlch mercury or DCrcury compouods arr ussd l, For the purposes of this Article and Annex B, manufacturing plocesses in which mdcury or'mercury oompounds are used shall not include processes using mercury-added ploducts, processes for manufEcturiflg D€rcury-edded products or processes that process mercury-contaililg x,aste. 2. Each Party shall not allow, by takilg appropriate measure,e, the use of mercury or mercwy oompounds in $c manufacturing procasses listed in Part I ofAnnex B afrcr the phEse.out date spaoifie.d io that ArDex for the individual proccsscs, except where tho Party has a legistered exemption pursuant to Atticle 6. 3. Each Party sh6ll take m€asures to rcstict tie use of melcury or m€rcury compounds itr thc proc€$es lfuted in Part II of Arulex B in accordsncc with the provisioN set out thcrein. 4, Thc Secretariat shsll, or thc basis of infornatiotr provided by P8rtics, collegt and maintain irformation otr proc€sscs drat usc mcrcury ot m€rcury compounds 8ad their altematives, and shall make such infomation publicly availablc. Othcr rctcvant ilforEation may also be submitted by Pertics and shall be made publicly available by the Secr€tafiEt. 5. Each Party with one or more facilities &at uss mcrcury or mercu(y compounds in thc maaufacturing proccsges listcd in ADnex B shEll:
(6) Tak€ nreasurcs to address emissions and relcases of mercury or meroury cohpounds from those facilities; (b) Includc ia itr repors submitted puBuart to Article 2l inforoation on thc measures tak?n puBuant to rhis paragraph; and (c) Endeavour to idcnti& facilitics within its r.ritory thst usc Bercury or mcrcluy compounds for procc$es listod itr Aruex B End submit to lhe Sccretari8t, no labr than threc years aftG! th€ date of elrtry into force of thc Conventiol for it, information on tte numbcr and types of such faoilitics aod thc catioated arrnual aoount of marcury or Eorcury compounds usrd in thosc facilitiB. Thc Sacret$iat shall make such information publicly available. 6, Each Party shall not sllow the use of mercury or mercury oompouads in a facility that did tlot cxist prior to thc dato of entry into folc€ of thc .-9- Conventio! for ir using thc maoufacturiag processca listcd itr Annex B. No exemptioN shall spply to such facilities, 7. Each Party shau discourlgc thc dcvelopment of any facility using sny other marufacturing proc€ss in which mergury or mercury compourds arc i cntionally used ttat did not exist prior to the date of catry into force ofthe Convantion, exccpt slherc thc Party can demolsbato to tho sEtisfactiotr of the Coofercnc€ of the Padies that the manufacturing proccss providcs sigoificrot crvirotllic[tal snd hcaltt bcncfits End that &e!e arc no tcchr sslly arrd cconomicelly feasible mcrcury-frce alternatives available providing such benefits. 8. Paitics are encouragcd to exchange informatiotr on rclcvant new technological developments, economically and technically feasible melcury- frc€ sll€metives, End possible measwes and te,ohaiques to reduce End whcle feasiblc to eliminate the use of melcury snd mcrcury coEpouds ill' atrd emissions and releas€s of mercury and D.roury Golapounds from, thc manufaoturilg proccsses listcd itr Atrncx B. 9, Aay Party nay submit I proposal to smend ADncx B ir otder to list a tlaoufEcturing process in which mercury or mcrcqry oompouEds ate uscd. It shall include information rclEtcd to th€ availability, technical .rd economic feasibility and environmcntEl and health risks ard beuefits of the nol-mlrcury altematives to (he process,
10. No later than fivc ycars a.fter the d6te of entry into forcc of the Convention, the Conference of the Panies shall review Annex B and may consido! amendments to th.t Alnex in accordanca with Article 27. ll. In my review of Annex B pursuant to paragaph 10, tho Conferelcc of thc Psrties shall take ido acaount at least: (a) Aly proposal submittcd under p.ragraph 9; (b) The infomEtion made ayailsble under paragaph 4; aad (c) The availability for the Partics ofmercury-frce nltemstives whioh arc tcchnically and economically feasible takitrg into accouot the etwironmeatal atrd heslth riskr and benefits, - l0- Arficlc 6 EreEptio[r .vail.Dlc to I Perty upo! request l. Atry State or regiooal economic integration organization may registEr for orre or morc excmptions frorrt the phasc-out dat9.s listed io Annex A and Annex B, her€8fter referr€d to ss an "exemption", by lotirying the Secretariat in writing: (a) Otl bocoming s Party to this ConvEntioq or (b) In thc case of any mercury-added product that is added 5y au anendment to Alocx A ot sny manufacturing proccss itr whicb mercury is used that is added by an amcodment to Atlnex B, no lat6 th8tr the date upon which the applicable ameodment qrters inio folcc for the Pa y. Aay such !€gistration shall bc accompanicd by a ststement explaining thc Party's necd for thc exemption. 2. An cxrmptiorl ca! be registcred cither fur a catcgory listcd in Afllex A
o. B or for I sub.eatcgory idcntificd by any State ot rcgional economic intcgratiol organization. 3. Each Pany that h8s one or more exemptions shall be idertified in a register. The S€oretariat shall cstablish aad m.irltain lho registcr Ertd mske it Evsilable to tho public. 4. The rEgister shall ioclude: (a) A list ofthc Parties that have onc or more excmptions; (b) The exemption or excmptiom registqed for each pErty; End (c) Thc expiration date of.ach exeEption. 5. Unlcss 8 shortd pariod is indicated io thc rcgist€r by a party, a[ €xemptions puNuant to paragraph I shall €xpire fwe yeaE after lhe rElevalt phsse-out datc listed in Annex A or B. 6. Thc Confcrcncc of the Parties t ay, at the rcquest of & party, decide ro extend an exemption for five ycaB unless the Party requGts s shorter pcriod. In makillg its deoision, the Confg.elcr oftho Padies shall take due account of: -ll- (a) A rcport from the Party justirying the ne€d to cxtcrd the excmptio! and outlilirg activitics undstakrn and planned to elimhatc lhe nccd for the €rrcmptiol ss soon .i feasiblg; O) Availablo informalion, includitrg in rcspcct of th. av8ilabiliq of altemative products ald processes that arc frcc of mcrcury or that involve the consumptio[ of les3 meroury thsn thc exempt usc; atrd G) Activitias planned or urd€r lvay to providc eDvironmedally sound storagc ofmercury alld disposal ofmerEury wastes. An €xttEptio! may otrly be extended once per product pcr phsse-out datc.
7. A Pa y may at .ny tiEe withdra$i an exsrption upon writteo rotificEtion to the Scqctaliat. The u,ithdlswal of an cxemption shall take efect on the datc apecified io the notitic8tion. 8, Notlrithstanding paragraph l, tro Statc or regional ecolomic integration organization may register for an cxemption aftgl five years afrer th€ phase-out date for thc rclsvsot product or proccls listed in Aorcx A or B, udess ole o! mor. Parties rsmain registered for an er<emptiol for that product ot proccss, havi-Eg rcaeived an rxtension puBuant to paragraph 6. In thEt ca!c, a Stale or regional cconomic int€gration orgs[izatiotr may, Et the tiu€s set out in paragraphs I (a) and (b), rcgister for a! exemptioa for that product or ptocess, which shall expire ten ycars after the relevant ph.sc-out date. 9, No Party may have an excmption i! cfect at any tiEe .ftor l0 yeaIs aftcr &e pbsse.out dato for a product or proc€ss listed in Arllex A or B. A icle 7 ArtkaD.l atrd rrnrll-lcrlc gold DiDing l. The mcasures in this Article aud in Anncx C shall apply to artis.nal ard sm.ll-scale gold mining and processing in which mercury amalgarnation is used to extsaqt gold Aom ore. 2. Each Psrty that has Ertisanal and sm6ll-scalc gold mining and processiog subject to this Adiclc withil its t€rritory sh8ll takc steps to reduce, and wheac feasible eliminate, the use of mercury snd marcury compounds iq and the cmissions and releascs to the environment of mcrcury from, such Eining and processinS. _l.t_ 3. Each Party shall noriry fte Secret8rial if ar any time the Party dctcrmires thaa artisanEl a[d small-scale gold mining and proccssing in its trnitory is more than iriignificalt. Ifit so determiles tho P8rty shctl: - (a) Develop alld implemcnt a national aclion plsn in ascordrncc with Annex C; (b) Submit irs national .rtion plar to the Secretariat no later than thrcc ycan sftq enw iBto force of the Convendoo for it or thrca years affer tlc nolification !o lhc Sccretsriat, whichevcr is laler; and (c) Thercafrer, provide a reyiew every three years of
7. A[ €xpo iug Pfity oay lely on a gereral notifioatiotr to the Scoretarist by the importing Party or non-Party as the writtc[ coNeot rcquirrd by paragraph 6. Such gencral notilicstion shall set out sny tetms and corditions und€r which rhc importing Party' or oon-P.*y provides ils cooscnt. The notificstion may be revoked at ary timc by that Party ot lon.Party. The Secretsriat shall k€pp a public legister ofall such notifications. 8. Eich ?8rty shall rlot allow the import of mercury from a non-Party to whom it will providc its writtcn consent unless the tron-Party has provided certification thEt the mercury is not from iouces idcltilird 8s not allowgd undcr paragrrph 3 or paragraph 5 (b). 9. A Party that submits a geoeral lotihcstion of consclt utder paragraph 7 may decide not to apply paragraph 8, providcd that it maintairc comprehensivc rcsuictions ou lhe cxport of mcrcury ard has domestic mdasures in placa to cnsule that impotted mercury is man.ged in an elvironEentally sound mannqr. The Party shall provide a notificatiol of such dccision to the Seorctariat, including information dcsctibing ils export rest ctioirs ald doEastic regulatory Ee.srEcs, as well ss information on the quantities and countrics of origin of mcrcury imponed tiom non-Pafiies. 111c ScEctariat shall m&intain a public register of all such notifications. The Irlplcmentation and Compli!trce Committaa shall revicw and evaluatc any such notifioations and Supporting infolmation in accordance with Article 15 and may make rccommendations, as appropriate, to the Confrrcnce ofthe Parties.
10. The proccdure sEt out in paragragb 9 shau be ayailsblc until the cotrelusion of thc sccotrd Eeetirrg of fte Co[feronc€ of the Parti$, Aft€t that ti8e, it shsll ae{se to be availablc, unless the Conference ofthe Parties decides otherwis€ by simple majority of the Parties present and votiflg, except with respecr to & Party that h83 providld I notiiicstion under paragraph 9 bcfore thc cnd of tho sccond meeting ofOe Conferencc oftho Pof,tics,
11. Each Party sholl includc ir its repofis submittqd pursuatrt to Article 2l information sho\ring that tbe requiremerts ofthis Articl! haya brcn met.
12. 'Ile Coderence of the Partirs shall at its first mectin8 providc flrrther guid6Dce in regard to this Article, particularly in regad to paragraphs 5 (a), 6 and E, ard shall develop atrd adopt thc rcquted contetrt of the certification rcfered to in paragraphs 6 (b) and 8.
13. The Conference of the Parties shall evaluate whether the trade in specific mercury compounds compromises the objective of this Convention and consider whether specific mercury compounds should, by their listing in an additional anncx adoptod in accordance rvith Article 27, be made subject to paragraphs 6 and 8. ARTICLE 4 MERCTJRY-AI}DEI} PRODUCTS t. Each ParE shall not allow, by taking appropriate measures, the manufacture, import or export of mercury-added produots listed in Part I of Annex A after the phase-out date specified for those products, except where an exclusion is specified in Annex A or the Party has a registered exemption pursuant to Article 6. 2. A Pa$y may, as an alternative to paragraph l, indicate at the time of ratification or upon entry into force of an ameodment to Annex A for it, that it will implement different measures or strategies to address products listed in Part I of Anoex A. A Party may only choose this alternativ€ if it can demonstrate that it has already reduced to a de minimis level the manufacture, import, and export of the large majority of the products listed in Part I of Annex A and that it has implemented measures or stratcgies to reduce the use of mercury in additional products not listed in Part I of Annex A at the time it notifies the Sccretariat of its decision to use this altomative. In addition, a Party choosing this alternative shall: (a) Report at the first opporruniry to the Conference of the Parties a description of the mearures or strategies implemented, including a quantifi cation of the reductions achieved; (b) Implement measures or strategies to reduce the use of mercury in any products listed in Part I ofAnnex A for which a de minimis value has not yot been obtained; (c) Consider additional measures to achieve further reductions; and (d) Not be eligible to claim exemptions pursuant to Article 6 for any product category for which this alternative is chosen. No later thaD five years after the date of entry into force of the Couvention, the Conforence of the Parties shall, as part of the review process under paragraph 8, reviow the progress and the effectiveness of the measures taken under this paragraph. 3. Each Party shall take measurcE for the mercury-added products listed in Part II ofAnnex A in accordance with the provisions set out therein. 4. The Secretariat shalt, on the basis of information provided by Parties, collect and maintain inforrration on mercury-added products and their alternatives, and shall make such information publicly available. The Sccretariat shall also make publicly available aay other rolevant inforraation submitted by Parties. 5. Each Party shall take mea$ures to prevent the incorporation into assembled products of mercury-added products the manufacture, import and export of which are not allowed for it under this Articte. 6. Each Party shall discourage the manufacture and the distribution in commerce of mercury-added products not covered by any knowo use of mercury-edd€d products prior to the dato of entry into force of the Convention for it, unless an assessment of the risks and benefits of the product demonstrates environmental or human health benefits, A party shall provide to the Secretariat, as appropriate, infonnation on any such product, including any information on the environmontal and human hoalth risks and benefits of thc product. The Secretariat shall make such information publicly available, 7. Any Party nray submit a proposal to the Scoretariat for listing a mercury-added product in Annex A, which shall include information related to the availability, technical and economic feasibility and environmental .and health risks and benefits ofthe non-mercury alternatives to the product, taking into account information pursuant to paragraph 4. 8. No later than five years after the date of entry into force of the Convention, the Conference of the.Parties shall review Annex A and may consider amendmen6 to that Annex in accordance with Article 22, g, In reviewing Annex A pursuant to paragraph 8, the Conference of the Parties shall take into account at least: (a) Any proposal submitted under para$aph 7; (b) The information made available pursuart to paragraph 4; and (o) The availability to tho Parties of mercury-free alternatives that are technically and economically feasible, taking into account the environmental and human health risks and benefits. Arttclc 5 Merlfecluring proccrsca lo whlch mercury or DCrcury compouods arr ussd l, For the purposes of this Article and Annex B, manufacturing plocesses in which mdcury or'mercury oompounds are used shall not include processes using mercury-added ploducts, processes for manufEcturiflg D€rcury-edded products or processes that process mercury-contaililg x,aste. 2. Each Party shall not allow, by takilg appropriate measure,e, the use of mercury or mercwy oompounds in $c manufacturing procasses listed in Part I ofAnnex B afrcr the phEse.out date spaoifie.d io that ArDex for the individual proccsscs, except where tho Party has a legistered exemption pursuant to Atticle 6. 3. Each Party sh6ll take m€asures to rcstict tie use of melcury or m€rcury compounds itr thc proc€$es lfuted in Part II of Arulex B in accordsncc with the provisioN set out thcrein. 4, Thc Secretariat shsll, or thc basis of infornatiotr provided by P8rtics, collegt and maintain irformation otr proc€sscs drat usc mcrcury ot m€rcury compounds 8ad their altematives, and shall make such infomation publicly availablc. Othcr rctcvant ilforEation may also be submitted by Pertics and shall be made publicly available by the Secr€tafiEt. 5. Each Party with one or more facilities &at uss mcrcury or mercu(y compounds in thc maaufacturing proccsges listcd in ADnex B shEll:
(6) Tak€ nreasurcs to address emissions and relcases of mercury or meroury cohpounds from those facilities; (b) Includc ia itr repors submitted puBuart to Article 2l inforoation on thc measures tak?n puBuant to rhis paragraph; and (c) Endeavour to idcnti& facilitics within its r.ritory thst usc Bercury or mcrcluy compounds for procc$es listod itr Aruex B End submit to lhe Sccretari8t, no labr than threc years aftG! th€ date of elrtry into force of thc Conventiol for it, information on tte numbcr and types of such faoilitics aod thc catioated arrnual aoount of marcury or Eorcury compounds usrd in thosc facilitiB. Thc Sacret$iat shall make such information publicly available. 6, Each Party shall not sllow the use of mercury or mercury oompouads in a facility that did tlot cxist prior to thc dato of entry into folc€ of thc .-9- Conventio! for ir using thc maoufacturiag processca listcd itr Annex B. No exemptioN shall spply to such facilities, 7. Each Party shau discourlgc thc dcvelopment of any facility using sny other marufacturing proc€ss in which mergury or mercury compourds arc i cntionally used ttat did not exist prior to the date of catry into force ofthe Convantion, exccpt slherc thc Party can demolsbato to tho sEtisfactiotr of the Coofercnc€ of the Padies that the manufacturing proccss providcs sigoificrot crvirotllic[tal snd hcaltt bcncfits End that &e!e arc no tcchr sslly arrd cconomicelly feasible mcrcury-frce alternatives available providing such benefits. 8. Paitics are encouragcd to exchange informatiotr on rclcvant new technological developments, economically and technically feasible melcury- frc€ sll€metives, End possible measwes and te,ohaiques to reduce End whcle feasiblc to eliminate the use of melcury snd mcrcury coEpouds ill' atrd emissions and releas€s of mercury and D.roury Golapounds from, thc manufaoturilg proccsses listcd itr Atrncx B. 9, Aay Party nay submit I proposal to smend ADncx B ir otder to list a tlaoufEcturing process in which mercury or mcrcqry oompouEds ate uscd. It shall include information rclEtcd to th€ availability, technical .rd economic feasibility and environmcntEl and health risks ard beuefits of the nol-mlrcury altematives to (he process,
10. No later than fivc ycars a.fter the d6te of entry into forcc of the Convention, the Conference of the Panies shall review Annex B and may consido! amendments to th.t Alnex in accordanca with Article 27. ll. In my review of Annex B pursuant to paragaph 10, tho Conferelcc of thc Psrties shall take ido acaount at least: (a) Aly proposal submittcd under p.ragraph 9; (b) The infomEtion made ayailsble under paragaph 4; aad (c) The availability for the Partics ofmercury-frce nltemstives whioh arc tcchnically and economically feasible takitrg into accouot the etwironmeatal atrd heslth riskr and benefits, - l0- Arficlc 6 EreEptio[r .vail.Dlc to I Perty upo! request l. Atry State or regiooal economic integration organization may registEr for orre or morc excmptions frorrt the phasc-out dat9.s listed io Annex A and Annex B, her€8fter referr€d to ss an "exemption", by lotirying the Secretariat in writing: (a) Otl bocoming s Party to this ConvEntioq or (b) In thc case of any mercury-added product that is added 5y au anendment to Alocx A ot sny manufacturing proccss itr whicb mercury is used that is added by an amcodment to Atlnex B, no lat6 th8tr the date upon which the applicable ameodment qrters inio folcc for the Pa y. Aay such !€gistration shall bc accompanicd by a ststement explaining thc Party's necd for thc exemption. 2. An cxrmptiorl ca! be registcred cither fur a catcgory listcd in Afllex A
o. B or for I sub.eatcgory idcntificd by any State ot rcgional economic intcgratiol organization. 3. Each Pany that h8s one or more exemptions shall be idertified in a register. The S€oretariat shall cstablish aad m.irltain lho registcr Ertd mske it Evsilable to tho public. 4. The rEgister shall ioclude: (a) A list ofthc Parties that have onc or more excmptions; (b) The exemption or excmptiom registqed for each pErty; End (c) Thc expiration date of.ach exeEption. 5. Unlcss 8 shortd pariod is indicated io thc rcgist€r by a party, a[ €xemptions puNuant to paragraph I shall €xpire fwe yeaE after lhe rElevalt phsse-out datc listed in Annex A or B. 6. Thc Confcrcncc of the Parties t ay, at the rcquest of & party, decide ro extend an exemption for five ycaB unless the Party requGts s shorter pcriod. In makillg its deoision, the Confg.elcr oftho Padies shall take due account of: -ll- (a) A rcport from the Party justirying the ne€d to cxtcrd the excmptio! and outlilirg activitics undstakrn and planned to elimhatc lhe nccd for the €rrcmptiol ss soon .i feasiblg; O) Availablo informalion, includitrg in rcspcct of th. av8ilabiliq of altemative products ald processes that arc frcc of mcrcury or that involve the consumptio[ of les3 meroury thsn thc exempt usc; atrd G) Activitias planned or urd€r lvay to providc eDvironmedally sound storagc ofmercury alld disposal ofmerEury wastes. An €xttEptio! may otrly be extended once per product pcr phsse-out datc.
7. A Pa y may at .ny tiEe withdra$i an exsrption upon writteo rotificEtion to the Scqctaliat. The u,ithdlswal of an cxemption shall take efect on the datc apecified io the notitic8tion. 8, Notlrithstanding paragraph l, tro Statc or regional ecolomic integration organization may register for an cxemption aftgl five years afrer th€ phase-out date for thc rclsvsot product or proccls listed in Aorcx A or B, udess ole o! mor. Parties rsmain registered for an er<emptiol for that product ot proccss, havi-Eg rcaeived an rxtension puBuant to paragraph 6. In thEt ca!c, a Stale or regional cconomic int€gration orgs[izatiotr may, Et the tiu€s set out in paragraphs I (a) and (b), rcgister for a! exemptioa for that product or ptocess, which shall expire ten ycars after the relevant ph.sc-out date. 9, No Party may have an excmption i! cfect at any tiEe .ftor l0 yeaIs aftcr &e pbsse.out dato for a product or proc€ss listed in Arllex A or B. A icle 7 ArtkaD.l atrd rrnrll-lcrlc gold DiDing l. The mcasures in this Article aud in Anncx C shall apply to artis.nal ard sm.ll-scale gold mining and processing in which mercury amalgarnation is used to extsaqt gold Aom ore. 2. Each Psrty that has Ertisanal and sm6ll-scalc gold mining and processiog subject to this Adiclc withil its t€rritory sh8ll takc steps to reduce, and wheac feasible eliminate, the use of mercury snd marcury compounds iq and the cmissions and releascs to the environment of mcrcury from, such Eining and processinS. _l.t_ 3. Each Party shall noriry fte Secret8rial if ar any time the Party dctcrmires thaa artisanEl a[d small-scale gold mining and proccssing in its trnitory is more than iriignificalt. Ifit so determiles tho P8rty shctl: - (a) Develop alld implemcnt a national aclion plsn in ascordrncc with Annex C; (b) Submit irs national .rtion plar to the Secretariat no later than thrcc ycan sftq enw iBto force of the Convendoo for it or thrca years affer tlc nolification !o lhc Sccretsriat, whichevcr is laler; and (c) Thercafrer, provide a reyiew every three years of