This last decision was welcomed with raucous cheers, as delegates celebrated the global agreement to take action on this pressing and complicated issue. Parties to the BC also adopted technical guidelines on environmentally sound management of electrical and electronic wastes (e-wastes). Key aspects of the e-waste issue remain, however, and an Expert Working Group will continue working to answer questions about the export of wastes for refurbishment—an issue that many characterize as a loophole that allows end-of-life products to be exported under the guise of “repairability.”
The Stockholm Convention COP also yielded significant developments, with decisions to end some of the exemptions for the continued production and use of certain industrial chemicals. These decisions were welcomed by many, who saw these as evidence that this “living” Convention is capable of effectively addressing substances that are economically important but pose significant risks to human health and the environment.
One of the most significant outcomes of the Rotterdam Convention COP9 was the decision to adopt a compliance mechanism. This challenging issue had been on the agenda of the Convention for 15 years, and while parties had come close to consensus at the last two meetings of the COP, they were unable to overcome the concerns of a small minority. When it became clear at this meeting that consensus would once again be blocked by a single party, delegates took the unprecedented step of voting to establish a new annex that would delineate procedures and mechanisms to facilitate parties’ implementation of their obligations.
Over 1700 delegates gathered in Geneva, Switzerland from 29 April-10 May 2019 for the fourteenth meeting of the COP to the Basel Convention, the ninth meeting of the COP to the Rotterdam Convention, and the ninth meeting of the COP to the Stockholm Convention on Persistent Organic Pollutants (POPs). Negotiations in Geneva focused on Convention-specific issues as well as issues of joint concern to at least two of the three Conventions, including cooperation and coordination among the Conventions to address issues such as waste containing POPs.
View of the plenary from the dais
Joyce Msuya, Acting Executive Director, UN Environment Programme (UNEP)
Delegates from Norway and Japan celebrate the adoption of their proposal to address plastics
Delegates applaud the conclusion of the BRS COPs
Osvaldo Álvarez-Pérez, Rotterdam Convention COP9 President, speaks with delegates from China at the end of the joint plenary
Work continued apace on Thursday at the 2019 meetings of the Conferences of the Parties (COPs) to the Basel, Rotterdam and Stockholm (BRS) Conventions. On the penultimate day of the meetings, delegates convened in plenary in the morning to look into issues of joint concern, as well as work related to the Rotterdam Convention (RC). They addressed several matters related to the implementation of the RC, including by adopting decisions that seek to ensure the provision of technical assistance and increase the number of parties that submit notifications of final regulatory action on chemicals.
With several significant issues as yet unresolved, plenary was suspended after the morning session to allow delegates to work in contact groups and carry out informal consultations in order to find common ground. The critical issues that remain include plastic wastes, and electronic and electrical wastes (e-wastes) under the Basel Convention, the listing of four chemicals under the Rotterdam Convention’s Prior Informed Consent procedure, and – crucially – a budget to fund the work that will be carried out in 2020-2021 to implement all three Conventions. With many participants emphasizing that the outstanding agenda items are essential to meaningful action and effective implementation, delegates anticipated a late night of intense negotiations on Thursday.
View of plenary during the joint session
Serge Karonkano, Burundi
Aïta Sarr Seck, Senegal
Various decisions are adopted during the plenary
Delegates raise their placards as they participate in the first COP vote in the Rotterdam Convention’s 20-year history
On the ninth day of the 2019 meetings of the Conferences of the Parties (COPs) to the Basel, Rotterdam, and Stockholm (BRS) Conventions, delegates convened in plenary to address two significant agenda items under the Rotterdam Convention: compliance and listing of chemicals in Annex III.
After 15 years of negotiations to define and establish procedures and a mechanism to support compliance with the provisions of the Rotterdam Convention, there was widespread support for the creation of a non-punitive mechanism that would facilitate parties’ implementation of their obligations. Parties came close to achieving consensus at the last two meetings, and at COP9, only one party continued to block agreement. When it became clear that consensus would not be possible, parties took the unprecedented and historic step of voting to create a new Annex to the Convention which sets out procedures and mechanisms to facilitate compliance. This new mechanism will assist parties to identify and address gaps in complying with the Convention, with the aim of ensuring that governments have the information they need about hazardous chemicals to assess the risks and take informed decisions when importing chemicals.
In the afternoon, the COP turned to some of the core work of the Rotterdam Convention: the Chemical Review Committee’s recommendations to list chemicals in Annex III. The Committee has recommended listing two severely hazardous pesticide formulations (SHPFs) - fenthion and paraquat - as well as the chemicals acetochlor, hexabromocyclododecane (HBCD), phorate, carbosulfan, and chrysotile asbestos. Listing chemicals under the Rotterdam Convention does not constitute a ban, but subjects them to the prior informed consent procedure between exporting and importing countries. Agreement to list HBCD and phorate was swift. Discussions on acetochlor, carbosulfan, paraquat, fenthion and chrysotile asbestos were more difficult, however, with many delegates objecting to listing chemicals that are widely used in their countries. The different views on chrysotile asbestos, which has been on the COP’s agenda since 2006, once again proved to be insurmountable; the issue will be forwarded to COP10 for further discussion.
Delegates vote to create a new annex that will establish a compliance mechanism for the Rotterdam Convention, with the aim of enhancing the effectiveness of implementation
Subono, a victim of chrysotile asbestos, speaking on behalf of the Rotterdam Convention Alliance (ROCA)
Members of civil society demonstrate outside the venue, calling for chrysotile asbestos to be included in Annex III of the Rotterdam Convention so it can only be traded with 'prior informed consent'
Tuesday’s agenda at the 2019 meetings of the Conferences of the Parties to the Basel, Rotterdam and Stockholm Convention (BRS COPs) was full, with delegates meeting in plenary to address a wide range of issues related to either the Basel or Rotterdam Conventions.
In the morning, delegates dealt with initial discussions of two challenging and related issues under the Rotterdam Convention: non-compliance and evaluating the effectiveness of this Convention. While Article 17 of the Convention requires parties to develop and approve procedures and mechanisms for determining non-compliance “as soon as is practicable,” to date, consensus on this issue has been elusive. Previous meetings of the COPs have come close to agreement, and there is widespread support for creating a facilitative, non-punitive mechanism that will promote parties’ work to implement the Convention. However, exactly what this mechanism will look like is still subject to debate. For now, this discussion will take place in a newly-created Friends of the President group which will report back to plenary on Wednesday.
Debates on effectiveness evaluation were equally challenging, with delegates discussing proposed amendments to the Convention that would, respectively, change decision-making rules to allow for voting, and mandate provision of financial and technical assistance for developing countries. The former amendment is designed to address a growing problem for the Convention: chemicals for which the COP has agreed all listing criteria are met, but consensus to list them in Annex III has not been reached. To date, four chemicals fall into this category, and demand is growing among delegates keen to ensure that the Rotterdam Convention is able to meet its objective to serve as a mechanism for information exchange. A contact group to tackle this and other aspects of effectiveness met throughout the day, and will report to plenary on Wednesday.
Members of the BRS Conventions Secretariat, the Rotterdam Convention COP9 President, and the Chemical Review Committee (CRC) Chair, consult on the dais
Maricela Muñoz, Costa Rica
Frank Molaletsi, Botswana
Delegates applaud the adoption of various decisions
White roses are laid on the floor in rememberance of the estimated 222,000 asbestos disease victims who die every year
Yvonne Ewang-Sanvincenti, BRS Conventions Secretariat, consults with delegates from Palestine, Yemen, and Saudi Arabia regarding transit notifications under the Basel Convention
On Monday, delegates to the 2019 meetings of the Conferences of the Parties (COP) to the Basel, Rotterdam, and Stockholm (BRS) Conventions convened for the second week and continued work related to implementation of the Basel Convention. Participants made swift progress through many of the outstanding items of the agenda, adopting decisions on, inter alia, technical guidelines on environmentally sound management (ESM) of waste lead-acid batteries and wastes consisting of, containing, or contaminated with mercury or mercury compounds.
Contact groups met throughout the day on strategic matters, technical matters, plastics, compliance and legal issues, and budget. In the plastics group, participants considered, among other issues, proposed language to amend Annexes II, VIII, and IX, and sought to clarify and define key terms such as “mixed wastes.” The group on strategic matters completed its mandate on the follow-up to the Partnership for Action on Computing Equipment, and will present its outcomes to plenary on Tuesday. In the technical matters contact group, discussions continued on proposed cooperation with the World Customs Organization on the Harmonized Commodity Description and Coding System, with many participants calling for plastic waste to be included in the System.
As delegates closed in on the end of Basel Convention COP14, many commented on how efficiently the work has been carried out so far under both the Stockholm and Basel Conventions. While a few challenging issues remain, most discussions have been characterized by deliberate movement toward consensus. Several have expressed hope that this approach will continue when delegates turn their attention to the Rotterdam Convention on Tuesday morning.
Carlos Martin-Novella, BRS Deputy Executive Secretary; Abraham Zivayi Matiza, Basel Convention COP14 President; David Ogden, Susan Wingfield, and Yvonne Ewang-Sanvincenti, BRS Conventions Secretariat
Gillian Guthrie, Jamaica, speaks with Obed Baloyi, South Africa
Luis Vayas, Ecuador, speaks with Osvaldo Álvarez-Pérez, Rotterdam Convention COP9 President
Contact Group on Basel Convention Technical Matters
Heidar Ali Balouji, Iran, Adel Shafei Mohamed Osman, Egypt, and Mohammed Khashashneh, Stockholm Convention COP9 President, share a moment as the first day of Ramadan begins
As the first week of the BRS COPs draws to a close, members of civil society implore delegates to support the Norwegian proposal to amend the Annexes to the Basel Convention and establish a Partnership on Plastic Waste to better manage marine plastic litter and microplastics
The 2019 meetings of the Conferences of the Parties (COP) to the Basel, Rotterdam, and Stockholm (BRS) Conventions wrapped up the first week with discussions of several waste issues, with extensive time both in plenary and a contact group devoted to work on marine plastic litter and microplastics.
Morning plenary was dominated by interventions on this complex and highly salient issue, with over 80 delegates waiting to share their views. Behind the statements, a clear division began to emerge on whether transboundary movement of plastics for recycling is a “problem” or a “solution,” given the varied capacities of countries to manage the volume of plastics and the growing amount of plastics that are of low value and therefore difficult to sell for recycling, or recycle in general.
With widespread support for the Basel Convention to be part of the global effort, delegates discussed possible ways of addressing the issue. Norway presented its proposal, which includes different measures for different types of plastic waste, namely: clean, sorted plastic waste; hazardous plastic waste; and non-hazardous, unsorted, mixed and other plastic waste. One measure discussed at length was the prior informed consent procedure, which would provide information to countries importing plastic waste. Some were concerned that such an additional requirement could impede the ability to send wastes for recycling as a key part of the circular economy.
In the afternoon, the Basel Convention discussed another mechanism increasingly at its disposal: partnerships. With multi-stakeholder partnerships in place to share information and catalyze action on computing equipment, household waste, and, perhaps soon, plastics, many delegates cited such partnerships as a key area of work for the Convention. Delegates also discussed nanomaterials, an emerging waste issue with significant data gaps.
In the evening, delegates gathered for a reception sponsored by the Government of Switzerland to celebrate the 30th anniversary of the Basel Convention.
Delegates during plenary
Ole Thomas Thommessen, Norway
Valentina Sierra, Uruguay
Von Glenn Hernandez, Basel Action Network (BAN)
Contact Group on Plastics
Mohammed Khashashneh, Stockholm Convention COP9 President, and Carlos Martin-Novella, Deputy Executive Secretary, BRS Secretariat, consult with the EU
Delegates to the 2019 meetings of the Conferences of the Parties (COP) to the Basel, Rotterdam, and Stockholm (BRS) Conventions worked through a packed agenda on Friday, as they resumed work under the Basel Convention, sought to conclude the work of the Stockholm Convention, and addressed some of the outstanding issues of joint concern to at least two of the three Conventions.
In the morning, participants discussed work undertaken intersessionally by expert working groups, including on the development of guidelines for environmentally sound management and work on technical guidelines on: e-waste; incineration on land and specially engineered landfill; and waste lead-acid batteries. While this technical work was welcomed by delegates, some non-governmental organizations called for additional work to close loopholes and otherwise strengthen guidelines to promote best environmental practices.
Stockholm Convention COP9 convened in the afternoon and took a series of decisions, including one that reduces the number of exemptions and acceptable purposes for continued production and use of perfluorooctane sulfonic acid (PFOS), its salts, and perfluorooctane sulfonyl fluoride (PFOSF). Delegates also adopted a decision to list perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Annex A (elimination) of the Convention. Notably, COP9 agreed to a request for additional exemptions for continued production and use. Several delegates were disappointed by the agreement to allow these exemptions, which had not been recommended by the POPs Review Committee. One industry observer emphasized that the substances are being phased out in large parts of the world and are not necessary, and several civil society organizations highlighted the negative impact of PFOA on human health and the environment. More broadly, several worried that introduction of exemption requests at the COP undermines the science-based review process of the Convention.
With those decisions, Stockholm Convention COP9 was suspended until Friday, 10 May, when it will reopen for adoption of a decision on the budget and programme of work, as well as other outstanding issues. Basel Convention COP14 will resume on Saturday.
Abraham Zivayi Matiza, Basel Convention COP14 President, convenes the plenary
Manoj Kumar Gangeya, India
Gregory Rippon, Australia
Contact Group on Basel Convention Compliance
Contact Group on Basel Convention Strategic Matters
Carlos Martin-Novella, Deputy Executive Secretary, BRS Secretariat; Osvaldo Álvarez-Pérez, Rotterdam Convention COP9 President; Abraham Zivayi Matiza, Basel Convention COP14 President; Kei Ohno Woodall, BRS Secretariat; and Mohammed Khashashneh, Stockholm Convention COP9 President, consult on the dais
On Thursday, delegates worked on a range of issues related to the Stockholm Convention on Persistent Organic Pollutants (POPs), including releases of POPs from unintentional production, implementation plans, and a proposal by the Russian Federation to amend the Convention. During discussion of the proposed amendment, many delegates underscored the thoroughness of the POPs Review Committee’s (POPRC) evaluation process, and others highlighted the importance of the precautionary principle in achieving the Convention’s objective to protect human health and the environment from adverse effects caused by exposure to POPs.
In the afternoon, delegates adopted three decisions. One, on measures to reduce or eliminate releases of POPs from wastes, encourages parties to the Stockholm Convention to accelerate their efforts to ensure the sound management of POP stockpiles and wastes.
Another, on specific exemptions, acceptable purposes and other exemptions for continued production and use of listed POPs, confirms that no new registrations may be made for:
Delegates also adopted a decision which specifies continuation of work to implement the global monitoring plan for evaluating the effectiveness of the Convention. In related discussions, delegates drew connections between POPs and marine plastics, adding the Convention’s voice to several others calling for urgent action on plastic pollution in the marine environment.
Contact groups met throughout the day to work on issues including listing of chemicals under the Stockholm Convention, technical assistance and financial resources, issues of joint concern to at least two of the three Conventions, and programme of work and budget.
On Wednesday, delegates gathered for the third day of the meetings of the Conferences of Parties to the Basel, Rotterdam and Stockholm (BRS) Conventions. In the morning, participants continued their work on issues of joint concern, including mainstreaming gender and strengthening synergies among the Conventions to combat illegal trade and traffic in hazardous chemicals and wastes.
In the afternoon, delegates turned their attention to two persistent organic pollutants (POPs) that were among the first twelve to be listed under the Stockholm Convention when it entered into force in 2004: DDT and polychlorinated biphenyls (PCBs).
In a lengthy consideration of DDT, delegates revisited a longstanding debate about the need for the continued use of this insecticide for disease vector control. Many delegates highlighted the availability of affordable alternatives, while others emphasized the need to protect ongoing access to what they characterized as a readily available and inexpensive tool for combating malaria.
With Stockholm Convention targets for PCB phase out (2025) and elimination (2028) looming, delegates discussed the lack of information on remaining stockpiles and equipment containing PCBs. One delegate stressed that the “deadline is practically tomorrow and we’re still working on inventories.” Amidst many calls for accelerated action, the COP adopted a decision that urges parties to “step up their efforts” to eliminate the use of PCBs.
Contact groups convened throughout the day on a range of issues. The group working on listing of chemicals under the Stockholm Convention made significant progress in determining how to account for the ‘related compounds’ in the proposed listing of perfluorooctanoic acid (PFOA), its salts, and related compounds. Discussions on low-POP content values continued in the Basel Convention’s Technical Matters group, and in the Joint Issues group, participants considered issues related to illegal traffic and trade in hazardous chemicals and wastes. Several issues related to technical assistance and financial resources, were discussed in a contact group, including guidance to the Global Environment Facility (GEF) on marine plastic litter as it relates to the Stockholm Convention, with some calling for a broader focus on all plastic litter.