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T.Doc.107-6 EXTRADITION TREATY WITH PERU ...
107th Congress Treaty Doc. SENATE 2d Session 107-5 _______________________________________________________________________ STOCKHOLM CONVENTION ON ORGANIC POLLUTANTS __________ MESSAGE from THE PRESIDENT OF THE UNITED STATES transmitting STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS, WITH ANNEXES, DONE AT STOCKHOLM, MAY 22-23, 2001 <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> May 7, 2002.--Convention was read the first time, and together with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate __________ U.S. GOVERNMENT PRINTING OFFICE 99-118 WASHINGTON : 2002 LETTER OF TRANSMITTAL ---------- The White House, May 6, 2002. To the Senate of the United States: With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Stockholm Convention on Persistent Organic Pollutants, with Annexes, done at Stockholm, May 22-23, 2001. The report of the Secretary of State is also enclosed for the information of the Senate. The Convention, which was negotiated under the auspices of the United Nations Environment Program with the leadership and active participation of the United States, commits Parties to take significant steps, similar to those already taken by the United States, to eliminate or restrict the production, use, and/or release of 12 specified persistent organic pollutants (POPs). When I announced that the United States would sign the Convention, I noted that POPs chemicals, even when released abroad, can harm human health and the environment in the United States. The Convention obligates Parties to take measures to eliminate or restrict the production, use, and trade of intentionally produced POPs, to develop action plans to address the release of unintentionally produced POPs, and to use best available techniques to reduce emissions from certain new sources of unintentionally produced POPs. It also includes obligations on the treatment of POPs stockpiles and wastes, as well as a science-based procedure to add new chemicals that meet defined criteria. The United States, with the assistance and cooperation of nongovernmental organizations and industry, plays an important international leadership role in the safe management of hazardous chemicals and pesticides. This Convention, which will bring over time, an end to the production and use of certain of these toxic chemicals beyond our borders, will positively affect the U.S. environment and public health. All relevant Federal agencies support early ratification of the Convention for these reasons, and we understand that affected industries and interest groups share this view. I recommend that the Senate give prompt and favorable consideration to the Convention and give its advice and consent to ratification, subject to the understandings described in the accompanying report of the Secretary of State, at the earliest possible date. George W. Bush. LETTER OF SUBMITTAL ---------- August 1, 2001. The President, The White House. The President: I have the honor to submit to you the Stockholm Convention on Persistent Organic Pollutants, with Annexes, done at Stockholm, May 22-23, 2001. In accordance with your announcement on April 19, the United States signed the Convention, subject to ratification, on May 23, 2001, along with 90 other States. I recommend that the Convention be transmitted on a priority basis to the Senate for its advice and consent to ratification. Chemical synthesis and production advances have been responsible for many important benefits currently enjoyed by modern society. However, as scientific knowledge about these substances has increased, it has become clear that the continued production and use of certain chemicals and pesticides with particular traits carries with it inherent risks and poses both environmental and health hazards. The chemicals of global concern that are the subject of this Convention are often referred to as persistent organic pollutants (POPs). These harmful chemicals share four basic characteristics that cause them to adversely affect human health and the environment: (1) they are toxic; (2) they persist in the environment for long periods of time; (3) they circulate globally through the atmosphere and oceans to regions far from their source of origin; and (4) they biomagnify as they move up through the food chain, accumulating in the fatty tissue of higher organisms, including in other foods consumed by Americans. There is evidence of continuing transboundary deposition of POPs chemicals far from their sources. Indigenous people in Alaska and elsewhere in the United States are particularly at risk due to their reliance on a subsistence diet. This Convention will reduce or eliminate certain POPs that continue to be released outside the United States and which pose a threat to U.S. public health and the environment. The United States has already taken substantial action to address the risks associated with those POPs chemicals currently covered by the Convention. Many other countries, including some developing countries, have also taken steps to address these risks. Nonetheless, certain of these chemicals continue to be used and produced, mostly in developing countries. The Convention commits Parties to take significant steps, similar to those already taken by the United States, to eliminate or restrict the production, use and/or release of specified POPs. It initially identifies twelve chemicals, often referred to as the ``dirty dozen.'' Several of these are intentionally produced for use either as pesticides or industrial chemicals (e.g., DDT); some are produced and released as incidental byproducts of other processes (e.g., dioxin). Under the Convention, all of the intentionally produced POPs except DDT are slated for elimination of production and use. In recognition of the humanitarian need to use DDT for disease vector control, notably to fight malaria, the Convention allows its use for this purpose, while encouraging the development of effective and economically viable alternatives. The Convention obligates Parties to develop action plans to address the release of byproduct POPs and to use best available techniques to reduce emissions from certain new sources of such POPs. It also imposes controls on the handling of POPs wastes and on trade in POPs chemicals. Additionally, it includes a science-based procedure to add new chemicals that meet defined criteria to the lists of POPs subject to the Convention. The Convention does not differentiate in its basic obligations between developing and developed countries. The Convention does establish a flexible framework to provide technical and financial assistance to help developing countries implement their commitments. The United States played a leading role in negotiating the Convention, which was developed under the auspices of the United Nations Environment Program (UNEP). Throughout the negotiations, the Department of State and interested Federal agencies, including the Environmental Protection Agency (EPA), theDepartment of Commerce, the United States Trade Representative, the Department of Health and Human Services, and the Department of Agriculture, consulted with the Congress, industry and environmental organizations. The relevant Federal agencies support expeditious ratification of the Convention by the United States. The Convention has the strong support of U.S. industry and environmental organizations. The following analysis reviews the Convention's key provisions and sets forth the proposed understandings of the United States with respect to several elements. Preamble The preamble highlights the key reasons for global action on Persistent Organic Pollutants (POPs), including their capacity for long-range transport and bioaccumulation; their potential negative effects on human health and the environment, and the particular risks they pose for developing countries, Arctic ecosystems, indigenous communities (through POPs contained in their traditional foods), women and, through them, future generations. The preamble also includes language on precaution, which is consistent with the U.S. view that the Convention embodies a precautionary approach to protect health and the environment. article 1--objective Article 1 identifies the objective of the Convention: to protect human health and the environment from persistent organic pollutants. article 2--definitions There are only three definitions in this Article: ``Party''; ``Regional economic integration organization''; and ``Parties present and voting''. These definitions are self- explanatory and consistent with usage in other multilateral environmental agreements to which the United States is a party. It should be noted that, with respect to obligations that require Parties to take action on chemicals listed in Annexes A, B or C, the term ``Party'' includes only those Parties that are bound by particular listings for chemicals that are added in the future. In order to make this definition clear, it is recommended that the following understanding be included in the U.S. instrument of ratification: The United States understands that the term ``Party'' as defined in Article 2 includes only those Parties that are bound by particular listings for chemicals that are added in the future to Annexes A, B or C with respect to the obligations to take action on those chemicals. article 3--measures to reduce or eliminate releases from intentional production and use Article 3, together with Annexes A and B, contains core obligations in the Convention regarding controls and intentionally produced POPs chemicals. Paragraph 1 requires each Party to ``[p]rohibit and/or take the legal and administrative measures necessary to eliminate'' the production and use of chemicals listed in Annex A, and to ``restrict'' production and use of chemicals listed in Annex B. Annexes A and B include 10 intentionally produced pesticides and industrial chemicals. Aldrin, chlordane, dieldrin, endrin, heptachlor, hexachlorobenzene, mirex, toxaphene, and PCBs are placed in Annex A. DDT is placed on Annex B. Time-limited country-specific exemptions are allowed for the use, production and trade of some chemicals in Annex A. There are also certain general exemptions for chemicals listed on Annexes A and B, and language addressing the special case of PCBs in Annex A and DDT in Annex B, described below. The United States is in large part already fulfilling the obligations in paragraph 1, either because it has taken the legal and administrative measures necessary to eliminate production and use of the listed chemicals, or because nearly all production and use of these chemicals have otherwise ceased. For example, none of the listed chemicals are currently registered under U.S. law for use as pesticides in the United States. At the same time, certain limitations to the existing authorities under the main U.S. statutes in this area--namely, the Federal Insecticide, Fungicide, and Rodenticide Act (``FIFRA''), 7 U.S.C. Sec. 136 et. seq., and the Toxic Substances Control Act (``TSCA''), 15 U.S.C. Sec. 2601 et seq.--exist with regard to implementation of discrete obligations in Article 3. For example, U.S. law currently does not provide unambiguous authority to prevent production of all POPs chemicals for export. In addition, two of the listed POPs chemicals (DDT and HCB) theoretically are eligible for production under TSCA under certain circumstances without prior notice, although no such production is known to occur in the United States. New production and use of the other listed POPs chemicals theoretically could be proposed in the future, and their prohibition cannot be guaranteed under existing law. Targeted, legislative authority therefore will be sought to ensure the U.S. ability to implement in full the obligations on all production and use of the listed POPs. Paragraph 2 places restrictions on the import and export of chemicals listed in Annexes A and B. Paragraph 2(a) requires each Party to take measures to ensure that a chemical is imported only for environmentally sound disposal or for a use or purpose permitted under Annex A or B. Paragraph 2(b) restricts exports both to other Parties and to non-Parties to the Convention. Annex A and B chemicals can be exported only: (i) for environmentally sound disposal; (ii) to another Party permitted to use the chemical under Annexes A or B; or (iii) to a State not Party to the Convention, provided that the non- Party has provided an annual certification to the exporting Party. That certification must address the non-Party's intended use of the chemical and its commitment to minimize or prevent releases of the chemical and to dispose of any wastes in an environmentally sound manner. In addition, exports of chemicals listed in Annex A are prohibited to both Parties and non- Parties, except for environmentally sound disposal, once there are no longer any specific exemptions in effect for any Party regarding that chemical. The United States presently is unaware of any U.S. production or export of the listed POPs chemicals that conflicts with Article 3 obligations. Nevertheless, additional legislative authority is required to ensure the United States' ability to implement effectively the export-related obligations in paragraph 2. As noted above, for example, FIFRA does not provide authority to prohibit all exports of POPs pesticides from the United States. Additional authority will also be sought to address certain narrow exceptions in FIFRA and TSCA with respect to the import-related obligations in paragraph 2. Paragraph 3 requires each Party that has regulatory and assessment schemes for new pesticides or industrial chemicals to take measures to regulate, with the aim of preventing, the production and use of new POPs. The United States will implement this obligation through measures, including some that are already in place, aimed at preventing new persistent, bioaccumulative, and toxic (``PBT'') chemicals from entering commerce.
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