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Paragraphs in "Convention To Ban The Importation Into The Forum Island Countries Of Hazardous And Radioactive Wastes And To Control The Transboundary Movement And Management Of Hazardous Wastes Within The South Pacific Region" coded as

Label Provision
Art.13.4.a (a) promote the harmonisation, at high levels of protection, of appropriate legislation, policies, strategies and measures for minimising harm to human health and the environment;
Art.13.4.b (b) consider and adopt, where necessary, amendments to this Convention, and its annexes, taking into consideration, inter alia , available scientific, technical, economic and environmental information;
Art.13.4.c (c) examine and approve the regular budget prepared by the Secretariat in accordance with Article 14;
Art.13.4.d (d) consider and undertake any additional action that may be necessary for the achievement of the purposes of this Convention in the light of experience gained in the operation of the Convention and developments elsewhere;
Art.13.4.e (e) consider and adopt protocols as necessary;
Art.13.4.f (f) establish and/or designate such subsidiary bodies or agencies as are deemed necessary for the implementation of this Convention; and
Art.13.4.g (g) determine and adopt appropriate rules and procedures for the acceptance of new Parties to this Convention in accordance with Article 23 and Annexes III and IV.
Art.13.5 5. Any State which is eligible to become a Party to this Convention may be represented as an observer at meetings of the Conference of the Parties. Any other State or any body or agency, whether national, regional or international, governmental or non-governmental, with an interest in the subject matter of this Convention which has informed the Secretariat of its wish to be represented as an observer at a meeting of the Conference of the Parties, may be admitted unless at least one-third of the Parties present object. The admission and participation of observers shall be subject to the rules of procedure adopted by the Conference of the Parties.
Art.14 Article 14
Art.14.1 1. A Secretariat for this Convention is hereby established. The functions of the Secretariat shall be to:
Art.14.1.a (a) arrange and service meetings of the Parties to this Convention;
Art.14.1.b (b) prepare the regular budget of the Conference of the Parties, as required by this Convention;
Art.14.1.c (c) prepare and transmit reports based upon information received in accordance with Articles 3, 4, 7, and 11 of this Convention;
Art.14.1.d (d) prepare and transmit information derived from meetings of subsidiary bodies and agencies established under Article 13 of this Convention or provided by relevant inter-governmental and non-governmental entities;
Art.14.1.e (e) ensure coordination with the Secretariat of the Basel Convention and other relevant international and regional bodies, and in particular to enter into such administrative arrangements as may be required for the effective discharge of its functions;
Art.14.1.f (f) communicate with the competent authorities and focal points established by the Parties in accordance with Article 5 of this Convention as well as appropriate inter-governmental and non-governmental organisations which may provide financial and/or technical assistance in the implementation of this Convention;
Art.14.1.g (g) compile information concerning approved sites and facilities available for the disposal of hazardous wastes and means of transport to these sites and facilities and to circulate this information;
Art.14.1.h (h) receive and convey on request to Parties information on available sources of technical and scientific expertise;
Art.14.1.i (i) receive and convey on request to Parties information on consultants or consulting firms having the necessary technical competence in the field which can assist them with examining a notification for a transboundary movement of hazardous wastes, the concurrence of a shipment of hazardous wastes with the relevant notification, and/or whether the proposed disposal facilities for hazardous wastes are environmentally sound, when they have reason to believe that the wastes in question will not be managed in an environmentally sound manner;
Art.14.1.j (j) assist Parties to this Convention in their identification of cases of illegal traffic and to circulate immediately to the Parties concerned any information it has received regarding illegal traffic, and to undertake the necessary coordination with the Secretariat of the Basel Convention as provided for in Article 9.6;
Art.14.1.k (k) to cooperate with countries concerned and with relevant and competent international organisations and agencies in the provision of experts and equipment for the purpose of rapid assistance in the event of an emergency situation in the Convention Area;
Art.14.1.l (l) to report the information prescribed in paragraph 2 of this Article, to the Parties to this Convention, before the end of each calendar year; and
Art.14.1.m (m) to perform such other functions relevant to the purposes of this Convention as may be determined by the Conference of the Parties.
Art.14.2 2. The Secretariat shall transmit to the Parties, before the end of each calendar year, a report taking into account material provided by Parties under Articles 4.4(f) and 7.3 on the previous calendar year, containing the following:
Art.14.2.a (a) information regarding transboundary movement of hazardous wastes in which Parties have been involved, including:
Art.14.2.a.i (i) the quantity of hazardous wastes exported, their category, characteristics, destination, any transit country and disposal method as stated in the notification;
Art.14.2.a.ii (ii) the amount of hazardous wastes imported, their category, characteristics, origin, and disposal methods;
Art.14.2.a.iii (iii) disposals which did not proceed as intended; and
Art.14.2.a.iv (iv) efforts to achieve a reduction of the amount of hazardous wastes subject to transboundary movement.
Art.14.2.b (b) information on measures adopted by Parties in the implementation of this Convention;
Art.14.2.c (c) information where it is available on the effects on human health and the environment from the generation, transportation and disposal of hazardous wastes in the Convention Area. The information may take the form of statistical data;
Art.14.2.d (d) information on accidents occurring during transboundary movements, treatment and disposal of hazardous wastes and on measures undertaken to deal with them;
Art.14.2.e (e) information on environmentally sound treatment and disposal options operated by Parties; and
Art.14.2.f (f) information on measures undertaken by Parties for the development of cleaner production technologies for the reduction and/or elimination of the production of hazardous wastes.
Art.14.3 3. The Secretariat's functions shall be carried out by SPREP.
Art.15 Article 15
Art.15.1x The Conference of the Parties shall consider the establishment of a revolving fund to assist on an interim basis in case of emergency situations to minimise damage from disasters or accidents arising from transboundary movement or disposal of hazardous wastes within the Convention Area.
Art.16 Article 16
Art.16.1 1. Any Party may propose amendments to this Convention.
Art.16.2 2. Amendments to this Convention may be adopted only at a meeting of the Conference of the Parties at which at least two-thirds of the Parties are represented. The text of any proposed amendment to this Convention shall be communicated to the Parties by the Secretariat at least six months before the meeting at which it is proposed for adoption. The Secretariat shall also communicate proposed amendments to the Signatories to this Convention and to the Depositary for their information.
Art.16.3 3. The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall, as a last resort, be adopted by a two-thirds majority vote of Parties present and voting, each Party having one vote, and shall be submitted by the Depositary to all Parties for ratification, approval or acceptance.
Art.16.4 4. Instruments of ratification, acceptance or approval of amendments shall be deposited with the Depositary. Amendments shall enter into force between Parties having accepted such amendments on the ninetieth day following the date of receipt by the Depositary of the instruments of at least three-fourths of the Parties to this Convention. Thereafter the amendments shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits its instrument.
Art.16.5 5. For the purpose of this Article, "Parties present and voting" means Parties present and casting an affirmative or negative vote.
Art.17 Article 17
Art.17.1 1. The Conference of the Parties may, at any ordinary meeting, adopt protocols to this Convention.
Art.17.2 2. The text of any proposed protocol shall be communicated to the Parties by the Secretariat at least six months before the meeting at which it is proposed for adoption.
Art.17.3 3. The procedure specified in Article 16.3 shall apply to the adoption of, and any amendments to, any protocol.
Art.17.4 4. The requirements for the entry into force of any protocol or subsequent amendments to such protocol shall be established by that protocol.
Art.17.5 5. Decisions under any protocol shall be taken only by the Parties to that protocol.
Art.18 Article 18
Art.18.1 1. The annexes to this Convention shall form an integral part of this Convention and, unless expressly provided otherwise, a reference to this Convention constitutes, at the same time a reference to any annexes thereto. Such annexes shall be restricted to scientific, technical and administrative matters.
Art.18.2 2. The following procedures shall apply to the proposal, adoption and entry into force of additional annexes, or amendments to annexes, to this Convention:
Art.18.2.a (a) such additional annexes or amendments to annexes shall be proposed and adopted according to the procedure laid down in Articles 16.1, 16.2 and 16.3 of this Convention;
Art.18.2.b (b) any Party that is unable to accept such additional annexes or amendments to annexes, shall so notify the Depositary, in writing, within six months from the date of the communication of the adoption by the Depositary. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for a previous declaration of objection and the annexes or amendments to annexes shall thereupon enter into force for that Party; and
Art.18.2.c (c) upon the expiration of six months from the date of the circulation of the communication by the Depositary, the annexes or amendments to annexes shall enter into force for all Parties to this Convention, which have not submitted a notification in accordance with the provisions of sub-paragraph (b) above.
Art.18.3 3. If an additional annex or an amendment to an annex involves an amendment to this Convention or to any protocol, the additional annex or amended annex shall not enter into force until such time as the amendment to this Convention or to the protocol enters into force.
Art.19 Article 19
Art.19.1 1. Any Party which has reason to believe that another Party is acting or has acted in breach of its obligations under this Convention may inform the Secretariat thereof, and in such an event, shall simultaneously and immediately inform, directly or through the Secretariat, the Party against whom the allegations are made. All relevant information should be submitted by the Secretariat to the Parties.
Art.19.2 2. The Conference of the Parties shall consider the adoption of a protocol dealing with detailed procedures and arrangements for the verification of alleged breaches of obligations under this Convention.
Art.20 Article 20
Art.20.1 1. In case of a dispute between Parties as to the interpretation or application of, or compliance with, this Convention or any protocol thereto, the Parties concerned shall seek a settlement of the dispute through negotiation, mediation or any other peaceful means of their own choice.
Art.20.2 2. If the Parties concerned cannot settle their dispute through the means mentioned in paragraph 1 of this Article, the dispute, if the Parties to the dispute agree, shall be submitted to arbitration under the conditions set out in Annex VII of this Convention or to the International Court of Justice. However, failure to reach common agreement on submission of the dispute to arbitration or to the International Court of Justice shall not absolve the Parties from the responsibility of continuing to seek to resolve it by the means referred to in paragraph 1.
Art.20.3 3. When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a Party may declare that it recognises as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation:
Art.20.3.a (a) arbitration in accordance with the procedures set out in Annex VII; and/or
Art.20.3.b (b) submission of the dispute to the International Court of Justice.
Art.20.4x Such declaration shall be notified in writing to the Secretariat which shall communicate it to the Parties.
Art.21 Article 21
Art.21.1 1. This Convention shall be open for signature by the Members of the South Pacific Forum at Waigani, Papua New Guinea, on 16 September 1995.
Art.21.2 2. This Convention shall remain open for signature by the Members of the South Pacific Forum from 22 September 1995 until 21 March 1996 at the South Pacific Forum Secretariat, Suva.
Art.22 Article 22
Art.22.1x This Convention shall be subject to ratification, acceptance or approval by Members of the South Pacific Forum. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.
Art.23 Article 23
Art.23.1 1. This Convention shall be open for accession by Members of the South Pacific Forum from the day after the date on which the Convention is closed for signature. The instruments of accession shall be deposited with the Depositary.
Art.23.2 2. Other States not members of the South Pacific Forum which have territories in the Convention Area may accede to the Convention. In addition, other States which do not have territories in the Convention Area may also accede to the Convention pursuant to a decision of the Conference of the Parties under Article 13.4(g).
Art.24 Article 24
Art.24.1x This Convention shall enter into force thirty days from the date of deposit of the tenth instrument of ratification, acceptance, approval or accession and thereafter for each State thirty days after the deposit of its instrument of ratification, acceptance, approval or accession.
Art.25 Article 25
Art.25.1 1. No reservations or exceptions shall be made to this Convention.
Art.25.2 2. Paragraph 1 of this Article does not preclude a signatory or Party when signing, ratifying or acceding to this Convention, from making declarations or statements, however phrased or named, with a view, inter alia , to the harmonisation of its laws and regulations with the provisions of this Convention, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Convention in their application to that Party.
Art.26 Article 26
Art.26.1 1. At any time after three years from the date on which this Convention has entered into force for a Party, that Party may withdraw by giving written notification to the Depositary.
Art.26.2 2. Withdrawal shall be effective one year after receipt of notification by the Depositary, or on such later date as may be specified in the notification.
Art.26.3 3. Withdrawal shall not exempt any withdrawing Party from fulfilling any obligations it might have incurred under this Convention, whilst a Party to this Convention.
Art.27 Article 27
Art.27.1x The Secretary General of the South Pacific Forum Secretariat shall be the Depositary of this Convention and of any protocols thereto.
Art.28 Article 28
Art.28.1x This Convention, as soon as it enters into force, shall be registered by the Depositary with the Secretary-General of the United Nations in conformity with Article 102 of the Charter of the United Nations.
Conc.1 IN WITNESS WHEREOF the undersigned, being duly authorised to that effect, have signed this Convention:
Conc.2 [Signatures not reproduced here.]
Conc.3 For the Government of Australia:
Conc.4 For the Government of the Cook Islands:
Conc.5 For the Government of the Federated States of Micronesia:
Conc.6 For the Government of the Republic of Fiji:
Conc.7 For the Government of the Republic of Kiribati:
Conc.8 For the Government of the Republic of Nauru:
Conc.9 For the Government of New Zealand:
Conc.10 For the Government of Niue:
Conc.11 For the Government of the Republic of Palau:
Conc.12 For the Government of Papua New Guinea:
Conc.13 For the Government of the Republic of the Marshall Islands:
Conc.14 For the Government of Solomon Islands:
Conc.15 For the Government of Tonga:
Conc.16 For the Government of Tuvalu:
Conc.17 For the Government of Vanuatu:
Conc.18 For the Government of Western Samoa:
Conc.19 DONE at Waigani, Papua New Guinea, on the sixteenth day of September in the year one thousand nine hundred and ninety five, in a single original in the English language.

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