Proposal to amend Article 16 of the Convention
On 11 October 2016 the Secretariat received proposals to amend two provisions of the Rotterdam Convention: Article 16 on technical assistance and Article 22 on adoption and amendment of annexes. The proposal to amend Article 16 was submitted by Botswana, Cameroon, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Nigeria, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe. The proposal to amend Article 22 was submitted by Botswana, Cameroon, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Nigeria, Swaziland, Tanzania and Zambia. The proposals were initially set out in annex I to document UNEP/FAO/RC/COP.8/16/Add.1, with annex II to that document showing in tracked changes the proposed amendments to the current texts of Articles 16 and 22. Explanatory notes, in English only, from the Parties proposing the amendments are set out in document UNEP/FAO/RC/COP.8/INF/40.
Pursuant to paragraph 2 of Article 21 of the Convention, on 18 October 2016, more than six months before the eighth meeting of the Conference of the Parties (24 April–5 May 2017), the Secretariat communicated the proposals to amend Articles 16 and 22 of the Convention to the Parties and signatories to the Convention. The proposals were also communicated to the depositary for information. A compilation of comments received from Parties prior to the consideration of the proposals during the eighth meeting of the Conference of the Parties is set out in document UNEP/FAO/RC/COP.8/INF/41.
The proposals to amend Article 16 and 22 are discussed at the eighth meeting of the Conference of the Parties, however consideration was not completed as reflected in the report of that meeting. Accordingly, the proposals were considered during the ninth meeting of the Conference of the Parties (29 April-10 May 2019) on the basis of document UNEP/FAO/RC/COP.9/13/Add.1, at what time the proposal to amend Article 22 was withdrawn (see paragraph 119 of the report of the meeting).
The proposal to amend Article 16 was considered during the face-to-face segment of the tenth meeting of the Conference of the Parties (6-17 June 2022) on the basis of document UNEP/FAO/RC/COP.10/13/Add.1 and is expected to be considered during the eleventh meeting of the Conference of the Parties (1-12 May 2023).
For more information on the matter of the enhancing the effectiveness of the Rotterdam Convention, please see
here.
Adoption of new annexes to the Rotterdam Convention (Article 22)
There is currently one proposal under consideration to add a new annex to the Rotterdam Convention, a new Annex VIII linked to the proposal to amend Articles 7, 10, 11 and 22 of the Convention, as mentioned above.
The latest adoption of a new annex to the Rotterdam Convention took place during the ninth meeting of the Conference of the Parties (29 April-10 May 2019) at which time a new Annex VII on Procedures and mechanisms on compliance with the Rotterdam Convention was adopted by decision RC-9/7.
On 22 October 2018, the Secretariat received a proposal by Canada, Colombia, Costa Rica, Ghana, Jordan, Mali, Nigeria, Peru, Switzerland, Thailand, the United Republic of Tanzania and Zambia for a new annex VII to the Convention entitled “Procedures and mechanisms on compliance with the Rotterdam Convention”. Subsequently, the European Union and its member States informed the Secretariat of their wish to be added as co-sponsors of the proposal. The proposal is set out in annex I to document UNEP/FAO/RC/COP.9/14/Add.1, while annex II to the document sets out the proposed amendments, in tracked changes, to the draft procedures and mechanisms on compliance with the Rotterdam Convention (UNEP/FAO/RC/COP.9/14). An explanatory note by the Parties proposing the new annex VII, available in the six official languages of the United Nations, is reproduced in document UNEP/FAO/RC/COP.9/INF/41.
Pursuant to paragraph 2 of Article 21 and paragraph 3 (a) of Article 22 of the Convention, on 26 October 2018, more than six months before the ninth meeting of the Conference of the Parties link to the COP9 page (29 April-10 May 2019), the Secretariat communicated the proposal to add a new annex VII to the Parties to the Convention. The table below sets out comments received from Parties and observers on the proposals. A compilation of comments received from Parties relating to the proposed new Annex VII is set out in document UNEP/FAO/RC/COP.9/INF/25.
For information on the work under the Convention on compliance, see here.