Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade:artikel 11

Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade

Article 11 Obligations in relation to exports of chemicals listed in Annex III

Geldend

Documentgegevens:

Geldend vanaf 24-02-2004

Bronpublicatie:: 10-09-1998, Trb. 1999, 30 (uitgifte: 15-02-1999, kamerstukken/regelingnummer: -)
Inwerkingtreding: 24-02-2004
Bronpublicatie inwerkingtreding:: 23-01-2004, Trb. 2004, 9 (uitgifte: 01-01-2004, kamerstukken/regelingnummer: -)
Vakgebied(en): Milieurecht / Milieugevaarlijke stoffen
Internationaal publiekrecht / Bijzondere onderwerpen

1.

Each exporting Party shall:

a)

Implement appropriate legislative or administrative measures to communicate the responses forwarded by the Secretariat in accordance with paragraph 10 of Article 10 to those concerned within its jurisdiction;

b)

Take appropriate legislative or administrative measures to ensure that exporters within its jurisdiction comply with decisions in each response no later than six months after the date on which the Secretariat first informs the Parties of such response in accordance with paragraph 10 of Article 10;

c)

Advise and assist importing Parties, upon request and as appropriate:

(i): To obtain further information to help them to take action in accordance with paragraph 4 of Article 10 and paragraph 2 (c) below; and
(ii): To strengthen their capacities and capabilities to manage chemicals safely during their life-cycle.

2.

Each Party shall ensure that a chemical listed in Annex III is not exported from its territory to any importing Party that, in exceptional circumstances, has failed to transmit a response or has transmitted an interim response that does not contain an interim decision, unless:

a): It is a chemical that, at the time of import, is registered as a chemical in the importing Party; or
b): It is a chemical for which evidence exists that it has previously been used in, or imported into, the importing Party and in relation to which no regulatory action to prohibit its use has been taken; or
c): Explicit consent to the import has been sought and received by the exporter through a designated national authority of the importing Party. The importing Party shall respond to such a request within sixty days and shall promptly notify the Secretariat of its decision.

The obligations of exporting Parties under this paragraph shall apply with effect from the expiration of a period of six months from the date on which the Secretariat first informs the Parties, in accordance with paragraph 10 of Article 10, that a Party has failed to transmit a response or has transmitted an interim response that does not contain an interim decision, and shall apply for one year.