MEMORANDUM OF UNDERSTANDING CONCERNING ESTABLISHMENT OF THE INTER-ORGANIZATION PROGRAMME FOR THE SOUND MANAGEMENT OF CHEMICALS
The parties to this Memorandum,
Noting the endorsement by the United Nations General Assembly, in Resolution 47/190 of 22 December 1992, of Agenda 21 as adapted by the United Nations Conference on Environment and Development in Rio de Janeiro on 14 June 1992, and in particular its chapter 19, and
Taking into account the resolutions adopted at the International Conference on Chemical Safety in Stockholm on 29 April 1994,
have agreed as follows: 1. PARTIES
1.1 This Memorandum of Understanding shall be open to signature by the following Organizations:
the United Nations Environment Programme
the International Labour Organization
the Food and Agriculture Organization of the United Nations
the World Health Organization
the United Nations Industrial Development Organization and the Organisation for Economic Co-operation and Development.
1.2 The organizations listed in paragraph 1.1 which have become parties to this Memorandum of Understanding shall be known as Participating Organizations:
1.3 Other intergovernmental organizations may also become Participating Organizations upon the unanimous consent of the Participating Organizations and after fulfillment of the provisions of paragraph 10.2.
2. ESTABLISHMENT AND PURPOSE OF PROGRAMME
2.1 The Inter-Organization Programme for the Sound Management of Chemicals is hereby established.
2.2 The purpose of the Programme is to promote coordination of the policies and activities pursued by the Participating Organizations, jointly and separately, to achieve the sound management of chemicals in relation to human health and the environment.
2.3 The areas in which coordination shall be sought are the following:
(a) international assessment of chemical risks;
(b) harmonization of classification and labelling of chemicals;
(c) information exchange on chemicals and chemical risks;
(d) establishment of risk reduction programmes;
(e) strengthening of national capabilities and capacities for management of chemicals;
(f) prevention of illegal international traffic in toxic and dangerous products;
(g) other areas as agreed by all Participating Organizations.
3. INTER-ORGANIZATION COORDINATING COMMITTEE (IOCC)
3.1 There shall be an Inter-Organization Coordinating Committee (IOCC), composed of one representative of each Participating Organization, which shall perform the functions identified in paragraph 5 below.
3.2 These representatives may be assisted by advisors, as appropriate.
3.3 The IOCC may agree to invite observers to attend its meetings.
3.4 The IOCC may agree to set up advisory bodies, if necessary.
3.5 The IOCC shall adopt its rules of procedure.
3.6 The IOCC shall elect its Chairperson, and, as necessary, Vice-Chairpersons, serving on a rotational basis unless otherwise agreed by the IOCC.
4. MEETINGS
4.1 The IOCC shall normally hold two regular sessions every year. The IOCC shall determine the date, time and place of each regular session.
4.2 An extraordinary session of the IOCC may be called at the request of at least two of the Participating Organizations. The date, time and place of an extraordinary session shall be determined by the Chairperson in consultation with the Secretariat and the Participating Organizations.
4.3 Each Participating Organization shall make its own arrangements for bearing the cost of attending meetings of the IOCC.
4.4 The IOCC may agree to meet from time to time with the representatives of other organizations, programmes and intergovernmental meetings and arrangements.
5. FUNCTIONS
5.1 The functions of the IOCC shall be the following:
(a) to consult on the planning, programming, funding, implementation and monitoring of activities undertaken jointly or individually by the Participating Organizations with regard to the sound management of chemicals;
(b) to identify gaps and areas of overlap in such activities and recommend ways to reduce or eliminate them;
(c) to make recommendations on the distribution of work among the Participating Organizations with regard to the sound management of chemicals;
(d) to recommend common policies to be pursued by the Participating Organizations;
(e) to encourage the Participating Organizations to undertake joint programmes for the sound management of chemicals;
(f) to endorse specific activities planned or undertaken by one or more of the Participating Organizations as being within the framework of the Programme;
(g) to exchange information about the activities undertaken and planned to be undertaken, jointly or separately, by the Participating Organizations with regard to the sound management of chemicals;
(h) to review actions taken, and to consider recommendations made, by other organizations, programmes and intergovernmental meetings and arrangements (such as the Intergovernmental Forum on Chemical Safety) concerning matters within the scope of the Programme, as well as to consider possible follow-up which might be given by the Participating Organizations;
(i) to make recommendations to such organizations, programmes and intergovernmental meetings and arrangements;
(j) to consider and approve the budget of the Secretariat;
(k) to determine the work to be carried out by the Secretariat.
5.2 The IOCC may be given additional functions as agreed by all the Participating
Organizations.
6. RECOMMENDATIONS AND DECISION-MAKING
Except as otherwise provided in this Memorandum of Understanding, and subject to advance notice of the provisional agenda of the meeting, recommendations and decisions of the IOCC shall be taken by consensus among the representatives of the Participating Organizations who are present at a meeting of the IOCC.
7. SECRETARIAT
7.1
Nicolas Boeglin, Profesor de Derecho Internacional Público, Facultad de Derecho, Universidad de Costa Rica (UCR).…
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