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Paragraphs in "Convention On Persistent Organic Pollutants" coded as DEFN

Label Provision
Art.2 Article 2
Art.2.1x For the purposes of this Convention:
Art.2.1x.a (a) "Party" means a State or regional economic integration organization that has consented to be bound by this Convention and for which the Convention is in force;
Art.2.1x.b (b) "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, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to this Convention;
Art.2.1x.c (c) "Parties present and voting" means Parties present and casting an affirmative or negative vote.
Art.3 Article 3
Art.3.1 1. Each Party shall:
Art.3.1.a (a) Prohibit and/ or take the legal and administrative measures necessary to eliminate:
Art.3.1.a.i (i) Its production and use of the chemicals listed in Annex A subject to the provisions of that Annex; and
Art.3.1.a.ii (ii) Its import and export of the chemicals listed in Annex A in accordance with the provisions of paragraph 2; and
Art.3.1.b (b) Restrict its production and use of the chemicals listed in Annex B in accordance with the provisions of that Annex.
Art.3.2 2. Each Party shall take measures to ensure:
Art.3.2.a (a) That a chemical listed in Annex A or Annex B is imported only:
Art.3.2.a.i (i) For the purpose of environmentally sound disposal as set forth in paragraph 1 (d) of Article 6; or
Art.3.2.a.ii (ii) For a use or purpose which is permitted for that Party under Annex A or Annex B;
Art.3.2.b (b) That a chemical listed in Annex A for which any production or use specific exemption is in effect or a chemical listed in Annex B for which any production or use specific exemption or acceptable purpose is in effect, taking into account any relevant provisions in existing international prior informed consent instruments, is exported only:
Art.3.2.b.i (i) For the purpose of environmentally sound disposal as set forth in paragraph 1 (d) of Article 6;
Art.3.2.b.ii (ii) To a Party which is permitted to use that chemical under Annex A or Annex B; or
Art.3.2.b.iii (iii) To a State not Party to this Convention which has provided an annual certification to the exporting Party. Such certification shall specify the intended use of the chemical and include a statement that, with respect to that chemical, the importing State is committed to:
Art.3.2.b.iii.a a. Protect human health and the environment by taking the necessary measures to minimize or prevent releases;
Art.3.2.b.iii.b b. Comply with the provisions of paragraph 1 of Article 6; and
Art.3.2.b.iii.c c. Comply, where appropriate, with the provisions of paragraph 2 of Part II of Annex B.
Art.3.2.b.iii.dx The certification shall also include any appropriate supporting documentation, such as legislation, regulatory instruments, or administrative or policy guidelines. The exporting Party shall transmit the certification to the Secretariat within sixty days of receipt.
Art.3.2.c (c) That a chemical listed in Annex A, for which production and use specific exemptions are no longer in effect for any Party, is not exported from it except for the purpose of environmentally sound disposal as set forth in paragraph 1 (d) of Article 6;
Art.3.2.d (d) For the purposes of this paragraph, the term "State not Party to this Convention" shall include, with respect to a particular chemical, a State or regional economic integration organization that has not agreed to be bound by the Convention with respect to that chemical.
Art.3.3 3. Each Party that has one or more regulatory and assessment schemes for new pesticides or new industrial chemicals shall take measures to regulate with the aim of preventing the production and use of new pesticides or new industrial chemicals which, taking into consideration the criteria in paragraph 1 of Annex D, exhibit the characteristics of persistent organic pollutants.
Art.3.4 4. Each Party that has one or more regulatory and assessment schemes for pesticides or industrial chemicals shall, where appropriate, take into consideration within these schemes the criteria in paragraph 1 of Annex D when conducting assessments of pesticides or industrial chemicals currently in use.
Art.3.5 5. Except as otherwise provided in this Convention, paragraphs 1 and 2 shall not apply to quantities of a chemical to be used for laboratory-scale research or as a reference standard.
Art.3.6 6. Any Party that has a specific exemption in accordance with Annex A or a specific exemption or an acceptable purpose in accordance with Annex B shall take appropriate measures to ensure that any production or use under such exemption or purpose is carried out in a manner that prevents or minimizes human exposure and release into the environment. For exempted uses or acceptable purposes that involve intentional release into the environment under conditions of normal use, such release shall be to the minimum extent necessary, taking into account any applicable standards and guidelines.
Art.5 Article 5
Art.5.1x Each Party shall at a minimum take the following measures to reduce the total releases derived from anthropogenic sources of each of the chemicals listed in Annex C, with the goal of their continuing minimization and, where feasible, ultimate elimination:
Art.5.1x.a (a) Develop an action plan or, where appropriate, a regional or subregional action plan within two years of the date of entry into force of this Convention for it, and subsequently implement it as part of its implementation plan specified in Article 7, designed to identify, characterize and address the release of the chemicals listed in Annex C and to facilitate implementation of subparagraphs (b) to (e). The action plan shall include the following elements:
Art.5.1x.a.i (i) An evaluation of current and projected releases, including the development and maintenance of source inventories and release estimates, taking into consideration the source categories identified in Annex C;
Art.5.1x.a.ii (ii) An evaluation of the efficacy of the laws and policies of the Party relating to the management of such releases;
Art.5.1x.a.iii (iii) Strategies to meet the obligations of this paragraph, taking into account the evaluations in (i) and (ii);
Art.5.1x.a.iv (iv) Steps to promote education and training with regard to, and awareness of, those strategies;
Art.5.1x.a.v (v) A review every five years of those strategies and of their success in meeting the obligations of this paragraph; such reviews shall be included in reports submitted pursuant to Article 15;
Art.5.1x.a.vi (vi) A schedule for implementation of the action plan, including for the strategies and measures identified therein;
Art.5.1x.b (b) Promote the application of available, feasible and practical measures that can expeditiously achieve a realistic and meaningful level of release reduction or source elimination;
Art.5.1x.c (c) Promote the development and, where it deems appropriate, require the use of substitute or modified materials, products and processes to prevent the formation and release of the chemicals listed in Annex C, taking into consideration the general guidance on prevention and release reduction measures in Annex C and guidelines to be adopted by decision of the Conference of the Parties;
Art.5.1x.d (d) Promote and, in accordance with the implementation schedule of its action plan, require the use of best available techniques for new sources within source categories which a Party has identified as warranting such action in its action plan, with a particular initial focus on source categories identified in Part II of Annex C. In any case, the requirement to use best available techniques for new sources in the categories listed in Part II of that Annex shall be phased in as soon as practicable but no later than four years after the entry into force of the Convention for that Party. For the identified categories, Parties shall promote the use of best environmental practices. When applying best available techniques and best environmental practices, Parties should take into consideration the general guidance on prevention and release reduction measures in that Annex and guidelines on best available techniques and best environmental practices to be adopted by decision of the Conference of the Parties;
Art.5.1x.e (e) Promote, in accordance with its action plan, the use of best available techniques and best environmental practices:
Art.5.1x.e.i (i) For existing sources, within the source categories listed in Part II of Annex C and within source categories such as those in Part III of that Annex; and
Art.5.1x.e.ii (ii) For new sources, within source categories such as those listed in Part III of Annex C which a Party has not addressed under subparagraph (d).
Art.5.1x.e.iiix When applying best available techniques and best environmental practices, Parties should take into consideration the general guidance on prevention and release reduction measures in Annex C and guidelines on best available techniques and best environmental practices to be adopted by decision of the Conference of the Parties;
Art.5.1x.f (f) For the purposes of this paragraph and Annex C:
Art.5.1x.f.i (i) "Best available techniques" means the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for release limitations designed to prevent and, where that is not practicable, generally to reduce releases of chemicals listed in Part I of Annex C and their impact on the environment as a whole. In this regard:
Art.5.1x.f.ii (ii) "Techniques" includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;
Art.5.1x.f.iii (iii) "Available" techniques means those techniques that are accessible to the operator and that are developed on a scale that allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages; and
Art.5.1x.f.iv (iv) "Best" means most effective in achieving a high general level of protection of the environment as a whole;
Art.5.1x.f.v (v) "Best environmental practices" means the application of the most appropriate combination of environmental control measures and strategies;
Art.5.1x.f.vi (vi) "New source" means any source of which the construction or substantial modification is commenced at least one year after the date of:
Art.5.1x.f.vi.a a. Entry into force of this Convention for the Party concerned; or
Art.5.1x.f.vi.b b. Entry into force for the Party concerned of an amendment to Annex C where the source becomes subject to the provisions of this Convention only by virtue of that amendment.
Art.5.1x.g (g) Release limit values or performance standards may be used by a Party to fulfill its commitments for best available techniques under this paragraph.