Third meeting of the Conference of the Parties to the Minamata Convention on Mercury (COP3)

1. Opening of the meeting.

2. Organizational matters:

1. The third meeting of the Conference of the Parties to the Minamata Convention on Mercury will be held at the Geneva International Conference Centre, 17 rue de Varembé, Geneva, from 25 to 29 November 2019. The meeting will be opened at 10 a.m. on Monday, 25 November.

2. The President elected at the second meeting of the Conference of the Parties, Mr. David Kapindula (Zambia), will preside over the meeting in accordance with the rules of procedure adopted by the Conference of the Parties at its first meeting.

3. Opening statements will be delivered.

Note by the secretariat

1. The secretariat has the honour to provide, in the annex to the present note, a scenario note for the third meeting of the Conference of the Parties to the Minamata Convention on Mercury, prepared by the President of the Conference of the Parties. The note is intended to assist participants in preparing for the meeting.

Note by the secretariat

1. At its first meeting, the Conference of the Parties to the Minamata Convention on Mercury adopted, in decision MC-1/1, its rules of procedure, with the exception of the second sentence of paragraph 1 of rule 45 and paragraph 3 of rule 45, which remained in brackets.

2. At its second meeting, the Conference of the Parties considered the text of rule 45, as set forth in decision MC-1/1 (UNEP/MC/COP.2/3). No agreement having been reached on the matter, the Conference of the Parties agreed to defer further consideration of it to its third meeting.

Note by the secretariat

1. Articles 4 and 5 of the Minamata Convention on Mercury provide for the review of annexes A and B no later than five years after the date of entry into force of the Convention. The Conference considered the matter at its second meeting and agreed to defer further consideration thereof to its third meeting, requesting the secretariat to prepare a document thereon for consideration at that meeting.

2. The present note explains the process for the review of annexes A and B, responding to the request from the Conference.

Note by the secretariat

1. At its second meeting, the Conference of the Parties to the Minamata Convention on Mercury, in its decision MC-2/9, requested the secretariat, in collaboration with the Products Partnership and in consultation with relevant organizations, to suggest approaches for customs codes to identify and distinguish non-mercury-added products and mercury-added products listed in Annex A to the Convention, including approaches for their possible harmonization, taking into account the results of the survey on the Harmonized System initiative developed by the UNEP Global Mercury Partnership – Mercury in Products partnership area. By that decision, the secretariat was requested to circulate to parties and other stakeholders a draft report for comments, to revise the draft report taking into account the comments received, and to present the report to the Conference of the Parties at its third meeting for its consideration.

2. In response to those requests, a draft report was developed by the secretariat in collaboration with the Products Partnership and supported by expert consultant advice. Comments were made on the draft report by the Products Partnership for a week between May and June. It was then uploaded to the Convention website for comments until 1 August 2019 and subsequently revised by the secretariat in consultation with the Products Partnership, taking into account the comments received. The executive summary of the report is presented as the annex to the present note. The full report is set out in document UNEP/MC/COP.3/INF/12.

Note by the secretariat

1. Article 9 of the Minamata Convention on Mercury concerns controlling and, where feasible, reducing releases of mercury and mercury compounds to land and water from the relevant point sources not addressed in other provisions of the Convention. Subparagraph 2 (b) of that article defines “relevant source” as “any significant anthropogenic point source of release as identified by a party that is not addressed in other provisions of this Convention”. Paragraph 3 of the same article provides that “each party shall, no later than three years after the date of entry into force of the Convention for it and on a regular basis thereafter, identify the relevant point source categories”. Paragraph 6 provides that “each party shall establish, as soon as practicable and no later than five years after the date of entry into force of the Convention for it, and maintain thereafter, an inventory of releases from relevant sources”. Paragraph 7 provides that “the Conference of the Parties shall, as soon as practicable, adopt guidance on best available techniques and on best environmental practices…and on the methodology for preparing inventories of releases”.

2. The Conference of the Parties, in its decision MC-2/3, established a group of technical experts to develop draft guidance on methodologies for the preparation of inventories for a list of potentially relevant point source categories, working primarily through electronic means. It requested the secretariat first to invite parties, signatories and other stakeholders to identify possible point source categories of releases to be included in the list and then to compile that information in a report and share it with the group. The group was requested to present the report, including a list of any significant anthropogenic point source of release categories not addressed in provisions of the Convention other than article 9, along with a suggested road map and structure for the development of draft guidance on methodologies for preparing inventories, for possible adoption by the Conference of the Parties at its third meeting. The group was also requested to develop draft guidance on standardized and known methodologies for preparing inventories for the sources in that list for possible adoption by the Conference of the Parties at its fourth meeting. The Conference of the Parties decided that at its third meeting it would again consider the composition of the expert group and the need for the group to meet face to face.

Note by the secretariat

1. In its decision MC-2/2, the Conference of the Parties established a group of technical experts to proceed with the discussion on mercury waste thresholds during the intersessional period leading up to the third meeting of the Conference of the Parties, as per the provisions of paragraph 2 of article 11 of the Convention. The group’s mandate was to focus its discussions on the following matters:

(a) Work to further clarify and refine the coverage of each of the three categories of mercury waste listed in paragraph 2 of article 11;

(b) The development of a comprehensive list of mercury waste falling under subparagraph 2 (a) of article 11, as well as an indicative list of mercury waste that might fall under subparagraphs 2 (b) and (c) of article 11;

(c) The development, as a priority, of relevant approaches and methodologies for establishing thresholds for mercury waste falling under subparagraph 2 (c) of article 11 and, if possible, the recommendation of specific thresholds for this waste; the group was also to consider the relevance of thresholds for categories of waste falling under subparagraphs 2 (a) and 2 (b) of article 11;

(d) Work, as a separate and differentiated matter, to identify approaches for establishing thresholds for overburden, waste rock and tailings, except from primary mercury mining, during the intersessional period.

Note by the secretariat

1. Paragraph 3 of article 12 of the Minamata Convention on Mercury provides that the Conference of the Parties to the Minamata Convention shall adopt guidance on managing contaminated sites.

2. The Conference of the Parties, in its decision MC-1/20, requested the secretariat to prepare draft guidance, in consultation with experts nominated by Governments and others, and to submit it to the Conference of the Parties at its second meeting.

Note by the secretariat

1. Paragraph 3 of article 12 of the Minamata Convention on Mercury provides that the Conference of the Parties to the Minamata Convention shall adopt guidance on managing contaminated sites.

2. The Conference of the Parties, in its decision MC-1/20, requested the secretariat to prepare draft guidance, in consultation with experts nominated by Governments and others, and to submit it to the Conference of the Parties at its second meeting.

Note by the secretariat

1. In paragraph 5 of article 13, on financial resources and mechanism, the Minamata Convention on Mercury defines a mechanism for the provision of adequate, predictable and timely financial resources to support developing-country parties and parties with economies in transition in implementing their obligations under the Convention. Paragraph 6 of the same article states that the mechanism is to include the Global Environment Facility Trust Fund and a specific international programme to support capacity-building and technical assistance.

Note by the secretariat

The executive summary of the report of the Council of the Global Environment Facility to the Conference of the Parties to the Minamata Convention on Mercury at its third meeting is set out in the annex to the present note. The annex is reproduced as received, without formal editing. The full report is set out in the annex to document UNEP/MC/COP.3/INF.2.

Note by the secretariat

I. Introduction

1. In paragraph 5 of article 13, on financial resources and the financial mechanism, the Minamata Convention on Mercury defines a mechanism for the provision of adequate, predictable and timely financial resources to support developing-country parties and parties with economies in transition in implementing their obligations under the Convention. According to the Convention, the mechanism should include the Global Environment Facility Trust Fund and a specific international programme to support capacity-building and technical assistance. The present note sets out the overall report on the second entity of the financial mechanism,1 namely the Specific International Programme to Support Capacity-Building and Technical Assistance.

Note by the secretariat

The annexes to the present note set out information relevant to the work of the Governing Board of the Specific International Programme to Support Capacity-Building and Technical Assistance. Annex I contains the report of the third meeting of the Governing Board, which took place on 14 and 15 February 2019, and annex II presents an overview of the project applications received in the first round of applications (2018).

Note by the secretariat

1. In paragraph 5 of article 13, on financial resources and mechanism, the Minamata Convention on Mercury defines a mechanism for the provision of adequate, predictable and timely financial resources to support developing-country parties and parties with economies in transition in implementing their obligations under the Convention. Paragraph 6 of the same article states that the mechanism is to include the Global Environment Facility Trust Fund and a specific international programme to support capacity-building and technical assistance.

Note by the secretariat

1. At its second meeting, the Conference of the Parties to the Minamata Convention on Mercury adopted decision MC-2/11, entitled “Article 14: Capacity-building, technical assistance and technology transfer”, in which it recalled decision MC-1/21, where it was recognized that some of the existing regional and subregional centres were already developing projects and activities regarding mercury issues. In decision MC-2/11, the Conference of the Parties requested the secretariat of the Minamata Convention to collect the information received from the existing regional, subregional and national arrangements on their capacity-building and technical assistance to support parties in implementing their obligations under the Minamata Convention. It also requested the secretariat to report thereon to the Conference of the Parties at its third meeting, and emphasized the relevance of using, as appropriate, regional, subregional and national arrangements, including existing regional and subregional centres, in the delivery of capacity-building and technical assistance consistent with article 14 of the Convention.

2. The secretariat sought information from parties and other stakeholders relevant to decision MC-2/11 by means of a letter sent by the Executive Secretary on 3 December 2018 to all the participants in the second meeting of the Conference of the Parties, as well as national focal points for the Convention, permanent missions to the United Nations Environment Programme and permanent missions to the United Nations in Geneva.

Note by the secretariat

1. Article 15 of the Minamata Convention on Mercury, on the Implementation and Compliance Committee, establishes a mechanism, including a Committee as a subsidiary body of the Conference of the Parties, to promote implementation of, and review compliance with, all the provisions of the Convention. In accordance with paragraph 3 of article 15, by its decision MC-1/7, the Conference of the Parties at its first meeting elected the first 15 members of the Committee. Pursuant to the rules of procedure elaborated by the Committee and approved by the Conference of the Parties at its second meeting, in its decision MC-2/4, the first 15 members of the Committee are to serve from the end of the first ordinary meeting of the Conference of the Parties until the end of the third ordinary meeting of the Conference of the Parties. At its third meeting, the Conference of the Parties is to re-elect 10 members from among the first members of the Committee for one term and 5 new members for two terms. In the period between the second and the third meetings of the Conference of the Parties, the Committee met once, in Geneva, on 3 and 4 June 2019.

2. The secretariat has the honour to provide, in the annex to the present note, the report on the second meeting of the Implementation and Compliance Committee. Appendix I to the report sets out the draft terms of reference for the Committee, as finalized by the Committee, for consideration and possible adoption by the Conference of the Parties at its third meeting. Appendix II sets out a draft decision prepared by the Committee for consideration by the Conference of the Parties should it decide to adopt the proposed terms of reference. Appendix III provides a draft template, agreed upon by the Committee, for written submissions by parties with respect to their own compliance pursuant to paragraph 4 (a) of article 15 of the Convention, for consideration and possible approval by the Conference of the Parties at its third meeting. The draft decision contained in appendix II includes reference to the approval of the template.

Note by the secretariat

1. This note relates to the outcome of the work of the ad hoc technical expert group on effectiveness evaluation that was mandated by MC-1/9 and MC-2/10 to consider the arrangements to be put in place to provide the Conference of the Parties with the required information to conduct an effectiveness evaluation of the Minamata Convention on Mercury.

2. The note contains two annexes. The first annex presents a draft decision for consideration by the Conference of the Parties at its third meeting. The second annex contains the report of the ad hoc technical expert group that puts forward the proposed framework for the effectiveness evaluation. The report in turn contains 4 appendixes. It is to be noted, that the text for appendix I is contained in UNEP/MC/COP.3/14/Add.1. Furthermore, the report is complemented by additional information contained in UNEP/MC/COP.3.INF/15.

Note by the secretariat

1. The annex to this note sets out an appendix to the report of the ad hoc technical expert group on effectiveness evaluation contained in UNEP/MC/COP.3/14. Furthermore, the report is complemented by additional information contained in UNEP/MC/COP.3.INF/15.

Note by the secretariat

1. By its decision MC-1/10, the Conference of the Parties to the Minamata Convention on Mercury adopted the financial rules for the Conference of the Parties, and any of its subsidiary bodies, as well as financial provisions governing the functioning of the secretariat of the Convention. Some bracketed text remained, however, in paragraph 3 (e) of rule 5 on contributions and in the annex to the financial rules, on the procedure for the allocation of funding from the special trust fund for facilitating the participation of parties in meetings of the Conference of the Parties. Paragraph 2 of the annex remained in brackets in its entirety, and some text in the paragraph was further bracketed. Lastly, there were brackets in paragraph 5 of the annex.

2. At its second meeting, the Conference of the Parties considered the text of paragraph 3 (e) of rule 5 of the financial rules, and of paragraphs 2 and 5 of the annex to the rules, as set forth in decision MC-1/10 (UNEP/MC/COP.2/14). No agreement having been reached on the matter, the Conference of the Parties agreed to defer further consideration of it to its third meeting.

The Conference of the Parties to the Minamata Convention on Mercury, in its decision MC-2/7, requested the Executive Director of the United Nations Environment Programme (UNEP) to submit an operative proposal on a stable framework for the sharing of relevant services between the secretariat of the Minamata Convention and the Secretariat of the Basel, Rotterdam and Stockholm Conventions, prepared together with the Executive Secretary of the Minamata Convention and with the support of the Executive Secretary of the Basel and Stockholm conventions and the UNEP part of the Rotterdam Convention.

The secretariat has the honour to present the operative proposal of the Executive Director of UNEP for sharing services between the conventions for the consideration of the Conference of the Parties to the Minamata Convention at its third meeting. The present operative proposal evaluates and presents three possible options:

(a) A dedicated consolidated unit;

(b) Redeployment of staff from the secretariat of the Minamata Convention to the Secretariat of the Basel, Rotterdam and Stockholm Conventions;

(c) Purchase of services by the secretariat of the Minamata Convention from the Secretariat of the Basel, Rotterdam and Stockholm Conventions on a cost-recovery basis. The Conference of the Parties may wish to consider accepting the proposal and endorsing the purchase of services by the secretariat of the Minamata Convention from Secretariat of the Basel, Rotterdam and Stockholm Conventions based on the cost-recovery model, with the option to review the arrangement in 2021.

Note by the secretariat

1. At its first meeting, held in Geneva from 24 to 29 September 2017, the Conference of the Parties to the Minamata Convention on Mercury adopted decision MC-1/14 on mercury emissions related to the open burning of waste. In that decision, the Conference recognized that open burning of waste could be a significant source of mercury emissions that had not been quantified and that the guidance on best available techniques and best environmental practices1 held that open burning of waste was considered bad environmental practice and should be discouraged. The Conference also invited parties and other interested entities and organizations to submit to the secretariat information on mercury emissions from open burning of waste and requested the secretariat to continue to compile information, particularly from developing countries and countries with economies in transition, including information from inventories and Minamata initial assessments, emission factors and actual measurements of emissions submitted by parties, and any relevant information developed by the conferences of the parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and the Stockholm Convention on Persistent Organic Pollutants, and to submit that information to the Conference of the Parties at its second meeting for its consideration of the need for further action.

Note by the secretariat

1. In paragraph 2 of article 16, on health aspects, the Minamata Convention on Mercury specifies that the Conference of the Parties to the Minamata Convention, in considering health-related issues or activities, should consult and collaborate with the World Health Organization (WHO), the International Labour Organization (ILO) and other relevant intergovernmental organizations, as appropriate, and should promote cooperation and exchange of information with those organizations, as appropriate.

2. At its first meeting, held in Geneva from 24 to 29 September 2017, the Conference of the Parties requested the secretariat to continue to actively engage in cooperation and collaboration with WHO, ILO and other relevant organizations in the implementation of the Minamata Convention. That message was reinforced at the second meeting of the Conference of the Parties, held in Geneva from 19 to 23 November 2018.

Note by the secretariat

I. Introduction

1. The present report summarizes the major activities undertaken by the secretariat of the Minamata Convention on Mercury during the intersessional period since the second meeting of the Conference of the Parties, held in Geneva in November 2018. The report provides an update on work undertaken by the secretariat in relation to conferences and meetings and on the successful efforts to implement the secretariat’s programme of work. It also gives an overview of preparations for the third meeting of the Conference of the Parties, support provided to the Bureau and the Implementation and Compliance Committee (a subsidiary body of the Conference of the Parties), intersessional work on technical matters decided upon by the Conference of the Parties at its second meeting, support for the implementation of the Convention, and various other activities.

Note by the secretariat

I. Introduction

1. The period 2020–2021 marks the second biennium of work for the secretariat of the Minamata Convention on Mercury. In its decision MC-2/12, the Conference of the Parties to the Minamata Convention, recalling decision MC-1/15, requested the Executive Secretary to prepare a budget for the biennium 2020–2021, for consideration by the Conference of the Parties at its third meeting, in 2019, explaining the key principles, assumptions and programmatic strategy on which the budget is based and presenting expenditures for that biennium in a programmatic format and broken down by budget activities, with each activity to be supported by a budget activity fact sheet. The Conference of the Parties also requested the Executive Secretary, in preparing the budget and programme of work for the biennium 2020–2021, to present two scenarios, one maintaining the operational budget at the 2019 level in nominal terms and one reflecting required changes to that scenario to meet the projected needs and costs or savings related to it.

2. Accordingly, the present note describes the proposed programme of work and budget for the biennium 20202021. Section II on implementation gives an overview of the proposal, followed by a presentation of the programme budget for the two requested scenarios, setting out the differences between the Executive Secretary’s scenario and the zero nominal growth scenario. Section III presents the relevant suggested action by the Conference of the Parties. Annex I to the present note sets out a draft decision on the programme of work and budget for the biennium 2020–2021 and annex II provides a list of proposed activities included in the programme of work for the biennium 20202021.

Note by the secretariat

1. On 8 May 2019, the Secretariat received a communication from a group of African countries submitting a proposal to amend Annex A to the Minamata Convention on Mercury. The proponents, namely Botswana, Chad, Gabon, Guinea Bissau, the Niger and Senegal, requested that the proposed amendment be considered by the Conference of the Parties at its third meeting.

2. Paragraph 2 of Article 26 of the Convention provides that the text of any proposed amendment shall be communicated to the parties by the Secretariat at least six months before the meeting at which it is proposed for adoption, and that the Secretariat shall also communicate the proposed amendment to the signatories to the Convention and, for information, to the depositary.

Note by the secretariat

At its second meeting, the Conference of the Parties to the Minamata Convention on Mercury adopted decision MC-2/5 on the venue and date of the third meeting and subsequent meetings of the Conference of the Parties. In paragraph 2 of the decision, the Conference of the Parties invited parties to submit offers to host the fourth ordinary meeting of the Conference of the Parties in time for the third ordinary meeting, and to proceed in a similar manner for subsequent ordinary meetings.

Note by the secretariat

1. The annex to the present note sets out a note verbale dated 6 August 2019 received by the secretariat from the Permanent Mission of Indonesia to the United Nations, setting out the offer of the Government of Indonesia to host the fourth meeting of the Conference of the Parties to the Minamata Convention. The Government of Indonesia has communicated its intention to provide further information regarding its offer at the third meeting of the Conference of the Parties.