185
Multilateral Environmental Agreements (MEAs)
185
to securing a supply of food for human consumption (art. 2). Coastal States have special inter
ests in the high seas adjacent to their territorial seas and may unilaterally adopt conservation
measures for such areas which shall be valid for other States if there is an urgent need for such
measures, and if the measures are based on scientific findings and do not discriminate against
foreign fishermen (arts. 6 and 7). The convention was opened for signature on 29 April 1958 in
Geneva and entered into force on 20 March 1966.166 No indicators have been put forward to
measure the performance of this treaty.
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES)
C.9.
CITES is an international agreement between governments.167 Its aim is to ensure that
international trade in specimens of wild animals and plants does not threaten their survival.
The trade is diverse, ranging from live animals and plants to a vast array of wildlife products
derived from them. Levels of exploitation of some animal and plant species are high and the
trade in them, together with other factors, such as habitat loss, is capable of heavily depleting
their populations and even bringing some species close to extinction. Many wildlife species
in trade are not endangered, but the existence of an agreement to ensure the sustainability of
the trade is important in order to safeguard these resources for the future. Because the trade
in wild animals and plants crosses borders between countries, efforts to regulate it require
international cooperation to safeguard certain species from over-exploitation. CITES provides
varying degrees of protection to more than 30,000 species of animals and plants, whether or
not they are traded as live specimens. CITES entered into force on 1 July 1975. Countries adopt
their own domestic legislation to ensure that CITES is implemented at the national level. Par
ties to CITES are required to submit reporting on legislative, regulatory and administrative
measures taken to enforce its provisions. National reporting is intended to be supportive of the
monitoring of the following objectives of CITES:
i. Ensure compliance with and implementation and enforcement of the Convention;
ii. Secure the necessary financial resources and means for the operation and imple
mentation of the Convention; and
iii. Contribute to significantly reducing the rate of biodiversity loss by ensuring that
CITES and other multilateral instruments and processes are coherent and mutu
ally supportive.
C.10. Each Party shall prepare periodic reports on its implementation of this Convention
and shall transmit to the Secretariat, including an annual report and a biennial report. The
standard formats for these reports and guidelines for their preparation and submission may
be found on the Convention’s website.168 CITES trade data are accessible via the CITES trade
database on the CITES website.169
Convention on the Conservation of Migratory Species of Wild Animals (CMS)
C.11. The CMS or Bonn Convention is an intergovernmental treaty that aims to conserve ter
restrial, aquatic and avian migratory species throughout their range.170 Concluded under the
aegis of UNEP, it is concerned with the conservation of wildlife and habitats on a global scale.
Its steadily growing membership includes Parties from Africa, Central and South America,
Asia, Europe and Oceania.
C.12. CMS Parties strive towards strictly protecting these animals, conserving or restoring
the places where they live, mitigating obstacles to migration and controlling other factors that
might endanger them. Besides establishing obligations for each State joining the Convention,
166 United Nations Treaty Series,
Chapter XXI, Law of the Sea,
Convention on Fishing and
Conservation of the Living
Resources of the High Seas,
available from https://treaties
.un.org/pages/ViewDetails
.aspx?src=TREATY&mtdsg
_no=XXI-3&chapter
=21&lang=en (accessed
4 August 2017).
167 Text of the Convention
on International Trade in
Endangered Species of Wild
Fauna and Flora, available from
https://cites.org/eng/disc/text
.php (accessed 4 August 2017).
168 Convention on International
Trade in Endangered Species
of Wild Fauna and Flora (2011),
“Guidelines for the preparation
and submission of CITES annual
reports”, available from https://
cites.org/sites/default/files/eng
/notif/2011/E019A.pdf (accessed
4 August 2017).
169 Convention on International
Trade in Endangered Species
of Wild Fauna and Flora, “CITES
Trade Database”, available from
https://cites.org/eng/disc/text
.php (accessed 4 August 2017).
170 Convention on the Conservation
of Migratory Species of Wild
Animals, “About CMS”, available
from www.cms.int/en (accessed
4 August 2017).
Framework for the Development of Environment Statistics (FDES 2013)
186
CMS promotes concerted action among the Range States of many of these species. CMS acts
as a framework Convention. The Agreements may range from legally binding treaties to less
formal instruments, such as Memoranda of Understanding, and can be adapted to the require
ments of particular regions. The development of models tailored according to the conservation
needs throughout the migratory range is a unique capacity of CMS.
C.13. Submission of an annual report under specified guidelines is a requirement. This report
ing covers imports, exports and re-exports of the animals covered under the Convention, includ
ing of manufactured products derived from those species. National Reports are the official docu
ments by which countries report to the decision-making bodies of CMS and/or its instruments
on the measures they have undertaken to implement the priorities of the instruments. National
Reports provide an official record of national implementation of each instrument over time and
collectively they draw the picture of the overall implementation of the instrument.171 The CMS
Family Online Reporting System is available on the CMS website.
Convention on the Protection of the Marine Environment of the Baltic Sea
Area (Helsinki Convention)
C.14. The Helsinki Convention on the Protection of the Marine Environment of the Baltic
Sea Area was signed in 1992 by Czechoslovakia, Denmark, Estonia, the European Community,
Finland, Germany, Latvia, Lithuania, Poland, Russia and Sweden.172 The Convention on the
Protection of the Marine Environment of the Baltic Sea Area, 1992, entered into force on 17
January 2000.173 The objective of this Convention was to establish a framework of regional
cooperation in the Baltic Sea in order to reduce and prevent pollution in this region and pro
mote the self-regeneration of its marine environment and preservation of its ecological balance.
In accordance with the precautionary principle and the principles of the ‘polluter pays’ and
sustainable management, the parties undertake to adopt legislative, administrative or other
relevant measures to achieve this objective. In the Baltic Sea Action Plan, the Contracting
Parties to the Helsinki Convention agreed to periodically evaluate whether the targets of the
Action Plan have been met by using indicator based assessments. For this reason, HELCOM
core indicators were introduced to regularly assess the status of the Baltic Sea marine environ
ment against targets that reflect good environmental status.174
International Convention for the Prevention of Pollution from Ships
(MARPOL)
C.15. The International Convention for the Prevention of Pollution from Ships (MARPOL) is
the main international convention covering prevention of pollution of the marine environment
by ships from operational or accidental causes. The MARPOL Convention was adopted on 2
November 1973 at IMO.175 The Protocol of 1978 was adopted in response to a spate of tanker
accidents in 1976-1977. 176 MARPOL has been updated by amendments through the years.
C.16. The Convention includes regulations aimed at preventing and minimizing pollution
from ships—both accidental pollution and that from routine operations—and currently
includes six technical Annexes: 177 (i) Regulations for the Prevention of Pollution by Oil
(entered into force 2 October 1983) covers prevention of pollution by oil from operational
measures as well as from accidental discharges (ii) Regulations for the Control of Pollution
by Noxious Liquid Substances in Bulk (entered into force 2 October 1983) details the dis
charge criteria and measures for the control of pollution by noxious liquid substances car
ried in bulk and no discharge of residues containing noxious substances is permitted within
12 miles of the nearest land; (ii) Prevention of Pollution by Harmful Substances Carried
by Sea in Packaged Form (entered into force 1 July 1992) contains general requirements for
171 Convention on the Conservation
of Migratory Species of Wild
Animals, “National Reports”,
available from www.cms.int
/en/documents/national-reports
(accessed 4 August 2017).
172 European Union, Treaties Office
Database, Convention on
the Protection of the Marine
Environment of the Baltic Sea
Area, 1992, available from
http://ec.europa.eu/world
/agreements/prepare
CreateTreatiesWorkspace
/treatiesGeneralData.do?step=
0&redirect=true&treatyId=543
(accessed 4 August 2017).
173 Ibid.
174 HELCOM, Baltic Sea Environment
Proceedings No. 136, “HELCOM
core indicators, Final report of
the HELCOM CORESET project”,
available from http://helcom.fi
/Lists/Publications/BSEP136.pdf
(accessed 4 August 2017).
175 International Maritime
Organization, International
Convention for the Prevention of
Pollution from Ships (MARPOL),
available from www.imo.org
/About/Conventions
/ListOfConventions/Pages
/International-Convention-for
-the-Prevention-of-Pollution
-from-Ships-(MARPOL).aspx
(accessed 4 August 2017).
176 Ibid.
177 Ibid.
187Multilateral Environmental Agreements (MEAs) 187
the issuing of detailed standards on packing, marking, labelling, documentation, stowage,
quantity limitations, exceptions and notifications; (iv) Prevention of Pollution by Sewage
from Ships (entered into force 27 September 2003) contains requirements to control pollu -
tion of the sea by sewage; the discharge of sewage into the sea is prohibited, except when the
ship has in operation an approved sewage treatment plant or when the ship is discharging
comminuted and disinfected sewage using an approved system at a distance of more than
three nautical miles from the nearest land; (v) Prevention of Pollution by Garbage from
Ships (entered into force 31 December 1988) deals with different types of garbage and speci -
fies the distances from land and the manner in which they may be disposed of; the most
important feature of the Annex is the complete ban imposed on the disposal into the sea of
all forms of plastics; and (vi) Prevention of Air Pollution from Ships (entered into force 19
May 2005) sets limits on sulphur oxide and nitrogen oxide emissions from ship exhausts and
prohibits deliberate emissions of ozone depleting substances; designated emission control
areas set more stringent standards for SO x, NOx and particulate matter.
C.17. IMO performance indicators have been brought forward with the aim of achieving
safe shipping, secure shipping, environmentally sound shipping, efficient shipping, sustainable
shipping, adoption of the highest practicable standards, implementation of instruments and
capacity-building.178
Rotterdam Convention on the Prior Informed Consent Procedure for
Certain Hazardous Chemicals and Pesticides in International Trade
C.18. The Rotterdam Convention is a multilateral treaty to promote shared responsibilities
during the process of importation of hazardous chemicals. 179 Adopted in September 1998 in
Rotterdam, this Convention promotes open exchange of information and calls on exporters of
hazardous chemicals to use proper labelling, include directions on safe handling, and inform
purchasers of any known restrictions or bans. It fosters shared responsibility and joint efforts of
the Parties to the Convention in international trade in hazardous chemicals to protect human
health and the environment. Signatory nations can decide whether to allow or ban the impor-
tation of chemicals listed in the treaty and exporting countries are obliged to make sure that
producers within their jurisdiction comply. The Convention provides for procedures concern-
ing: banned or severely restricted chemicals; severely hazardous pesticide formulations; obliga-
tions regarding the import and export of chemicals; and Parties’ cooperation and information
exchange.
C.19. The Convention requires all Parties to submit to the Secretariat, as soon as possible and
in any event no later than nine months after the date of dispatch of a decision guidance docu-
ment, their decision concerning the future import of a chemical listed under the Convention.
The Secretariat has developed the following two options: an online import response form that
guides users through each section and provides assistance in completing it such as pointing to
further sources of information; and a Word version of the form and instructions.180 A database
of import responses may be found on the Convention website. 181 According to the Conven -
tion, any exported chemical that is banned or severely restricted under the Convention must
be accompanied by an export notification. The standard form for export notification may be
found on the Secretariat website.182
Stockholm Convention on Persistent Organic Pollutants (POPs)
C.20. The Stockholm Convention is an international environmental treaty, signed in 2001
and effective from May 2004, that aims to eliminate or restrict the production and use of
178 International Maritime
Organization, Council 105th
Session, Agenda Item 3(a),
Strategy and Planning, (a)
Monitoring of performance-
Review of data measured against
the performance indicators,
available from www.imo.org
/KnowledgeCentre
/ShipsAndShipping
FactsAndFigures/Statistical
resources/Documents/IMO%20
Performance%20indicators%20
C_105-3(a)-1[1].pdf (accessed
4 August 2017).
179 Text of the Rotterdam
Convention, available from
www.pic.int/TheConvention
/Overview/TextoftheConvention
/tabid/1048/language/en-US
/Default.aspx (accessed 4 August
2017).
180 Rotterdam Convention (2010).
“Form and Instructions”,
available from www.pic.int
/Procedures/ImportResponses
/FormandInstructions
/tabid/1165/language/en-US
/Default.aspx (accessed 4 August
2017).
181 Rotterdam Convention (2010),
“Database of Import Responses”,
available from www.pic.int
/Procedures/ImportResponses
/Database/tabid/1370/language
/en-US/Default.aspx (accessed
4 August 2017).
182 Rotterdam Convention (2010),
“Form and Instructions”,
available from www.pic.int
/Procedures/ExportNotifications
/FormandInstructions
/tabid/1365/language/en-US
/Default.aspx (accessed 4 August
2017).
Framework for the Development of Environment Statistics (FDES 2013)
188
POPs.183 POPs are a group of chemicals possessing the following characteristics: they are highly
toxic to humans and wildlife (harmfulness), they can last for many years in the environment
before degrading into less dangerous forms (persistence), they bio-accumulate in the food chain
(bio-accumulation), and they are transported over large distances through air and water and
can be found worldwide (long-range transport).1184 In 1995, the Governing Council of UNEP
called for global action to be taken on POPs.
C.21. Parties to the Stockholm Convention have agreed to a process by which persistent toxic
compounds can be reviewed and added to the Convention, if they meet certain criteria for
persistence and transboundary threat. A first set of new chemicals to be added to the Conven
tion was agreed in May 2009. Compliance is monitored through required national reporting
by Parties under the Convention. Reporting information relates to the initial 12 pollutants
and the nine additional new pollutants, as well as to listed chemicals. The Convention requires
each Party to report on the measures it has taken to implement the provisions of the Conven
tion, including statistical data on its total quantities of production, import and export of each
chemical listed in the Annex A and Annex B of the Convention every four years. Parties may
submit their national reports through the Stockholm Convention Electronic Reporting System
available online.185
C.22. In pursuing the goal of promoting synergies among the Rotterdam Convention, the
Basel Convention and the Stockholm Convention, commitment has been made to the establish
ment of a clearing house mechanism that would service the monitoring and information needs
of all three Conventions.186 The intent is that these synergies would foster sound chemicals
management of the relevant pollutants over their life cycles.
The Convention on the Protection and Use of Transboundary Watercourses
C.23. The Convention on the Protection and Use of Transboundary Watercourses and Inter
national Lakes (Water Convention) was adopted in Helsinki in 1992 and entered into force in
1996.187 Almost all countries sharing transboundary waters in the UNECE region are Parties
to the Convention. The Water Convention strengthens transboundary water cooperation and
measures for the ecologically-sound management and protection of transboundary surface
waters and groundwater. The Convention fosters the implementation of IWRM, in particular
the basin approach. The Convention’s implementation contributes to the achievement of the
MDGs and other international commitments on water, environment and sustainable develop
ment. The Water Convention requires Parties to prevent, control and reduce transboundary
impacts, use transboundary waters in a reasonable and equitable way and ensure their sus
tainable management. Parties bordering the same transboundary waters have to cooperate by
entering into specific agreements and establishing joint bodies.
C.24. As a framework agreement, the Convention does not replace bilateral and multilateral
agreements for specific basins or aquifers; instead, it fosters their establishment and implemen
tation, as well as further development. The areas of work of the convention include: quantifying
benefits of transboundary water cooperation; water-energy-food-ecosystems nexus; assessment
of transboundary waters; water and adaptation to climate change; and water and industrial
accidents. In 2003, the Water Convention was amended to allow accession by countries outside
the UNECE region. The amendment entered into force on 6 February 2013, turning the Water
Convention into a global legal framework for transboundary water cooperation. It is expected
that countries outside the UNECE region will be able to join the Convention as of late 2015.188
No specific indicators associated to this convention have been found, but there is a guide for
implementing this convention. The Guide offers a comprehensive commentary to the Conven
tion’s provisions, providing explanations of the procedural, legal, administrative, technical and
practical aspects of the Convention’s requirements for appropriate implementation.189
183 Text of the Stockholm
Convention on POPs, available
from http://chm.pops.int
/Convention/ConventionText
/tabid/2232/language/en-GB
/Default.aspx (accessed 4 August
2017).
184 United Nations Environment
Programme. Persistent Organic
Pollutants, available from
http://drustage.unep.org
/chemicalsandwaste/what-we
-do/science-and-risk/persistent
-organic-pollutants-pops
(accessed 4 August 2017).
185 Stockholm Convention on POPs
(2008), Electronic Reporting
System, available from
http://chm.pops.int
/Countries/Reporting
/ElectronicReportingSystem
/tabid/3669/Default.aspx
(accessed 4 August 2017).
186 Stockholm Convention on
POPs (2009). “Clearing-house
mechanism for information
exchange on persistent organic
pollutants”, available from
http://chm.pops.int/Portals
/0/Repository/COP4
/UNEP-POPS-COP.4-19.English
.PDF (accessed 4 August 2017).
187 United Nations Economic
Commission for Europe,
Introduction, About the UNECE
Water Convention, available
from www.unece.org/env/water
/text/text.html (accessed
4 August 2017).
188 United Nations Economic
Commission for Europe, Water
Convention, The UNECE Water
Convention, Helsinki, 17 March
1992, available from www.unece
.org/env/water.html (accessed
4 August 2017).
189 United Nations Economic
Commission for Europe,
Water Convention, About the
Convention, Implementation,
available from www.unece.org
/env/water/partnership/part
.html (accessed 4 August 2017).
190 Text of the Ramsar Convention,
available from
http://ramsar.rgis.ch/cda/en
/ramsar-documents-texts
-convention-on/main/ramsar
/1-31-38%5E20671_4000_0__
(accessed 4 August 2017).