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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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