FAO-ILO-OECD-UNEP-UNIDO-WHO: MEMORANDUM OF UNDERSTANDING CONCERNING ESTABLISHMENT OF THE INTER-ORGANIZATION PROGRAMME FOR THE SOUND MANAGEMENT OF CHEMICALS

FAO-ILO-OECD-UNEP-UNIDO-WHO: MEMORANDUM OF UNDERSTANDING CONCERNINGESTABLISHMENT OF THE INTER-ORGANIZATION PROGRAMME FOR THE SOUNDMANAGEMENT OF CHEMICALSAuthor(s): Anne TrebilcockSource: International Legal Materials, Vol. 34, No. 5 (SEPTEMBER 1995), pp. 1311-1321Published by: American Society of International LawStable URL: http://www.jstor.org/stable/20698494 .

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FAO-ILO-OECD-UNEP-UNIDO-WHO: MEMORANDUM OF UNDERSTANDING CONCERNING ESTABLISHMENT OF THE INTER-ORGANIZATION PROGRAMME FOR THE SOUND MANAGEMENT OF CHEMICALS*

[Entered into force March 13, 1995] +Cite as 34 I.L.M. 1311 (1995) +

Introductory Note

by Anne Trebilcock

One of the messages coming out of the United Nations Conference on Environment and

Development ("UNCED") was the need for greater cooperation among intergovernmental organizations. Five organizations in the UN system and an intergovernmental body have now taken a step in that direction by concluding the Memorandum of Understanding ("MOU") concerning Establishment of the Inter-Organization Programme for the Sound Management of Chemicals ("IOMC"). The MOU sets up a framework for coordination of chemicals-related

policies and activities of the United Nations Environment Programme ("UNEP"), the International Labour Organization ("ILO"), the Food and Agriculture Organization of the United Nations ("FAO"), the World Health Organization ("WHO"), the United Nations Industrial

Development Programme ("UNIDO") and the Organization for Economic Cooperation and

Development ("OECD"). The areas for coordination are the international assessment of chemical risks; harmonization of classification and labelling of chemicals; information exchange on chemicals and chemical risks; establishment of risk reduction programmes; strengthening of national capabilities and capacities for the management of chemicals; prevention of illegal international traffic in toxic and dangerous products; and other areas as may be agreed upon by the participating organization.

Each of the organizations has one representative on the Inter-Organization Coordinating Committee ("IOCC"), which is charged with consulting on the planning, programming, funding, implementation and monitoring of activities undertaken jointly or individually by participating organizations with regard to the sound management of chemicals. The IOCC is serviced by a secretariat whose costs are shared by the participating organizations; its seat is located at the

administering organization, which is presently the WHO; and it is currently chaired by the

representative of the FAO.

*[Reproduced from the text provided by the Office of the Legal Adviser, International Labour Office. The

Introductory Note was prepared for International Legal Materials by Anne Trebilcock, Office of the Legal Adviser, International Labour Office, and International Labour Organization ILM Corresponding Editor.

[An Introductory Note discussing the United Nations Conference on Environment and Development appears at 31 I.L.M. 814 (1992). The following UNCED documents are reproduced in ILM: the Convention on Biological Diversity is reproduced at 31 I.L.M. 818 (1992); the Framework Convention on Climate Change appears at 31 I.L.M. 849 (1992); the Rio Declaration on Environment and Development can be found at 31 I.L.M. 874 (1992); and the Statement of Principles for a Global Consensus of the Management, Conservation, and Sustainable

Development of All Types of Forests appears at 31 I.L.M. 881 (1992). Draft Resolution III (Report of the United Nations Conference on Environment and Development, A/C.2/47/L.51), which was adopted by the UN General

Assembly as Resolution 47/190 on December 22, 1992, appears at 32 I.L.M. 236, 252 (1993). [For additional information about this document contact the International Labour Office, 4 route des Morillons,

CH-1211 Gen?ve 22, Switzerland (tel.: (41-22) 799-6111; fax: (41-22) 798-8685)].



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The origins of the MOU can be traced to action taken by the International Programme on Chemical Safety ("IPCS"), which has been a joint technical programme of UNEP, the ILO and WHO since 1980. The IPCS organized the Meeting of Government-Designated Experts held in London from December 16-19, 1991-to discuss draft proposals for an intergovernmental mechanism for chemical risk and management. In adopting Article 19 of Agenda 21, on the

environmentally sound management of chemicals, UNCED (June 3-14, 1992) invited further consideration of the recommendations made by the London meeting and initiation of action as

appropriate. For this same purpose, and also at the request of UNCED, the executive heads of

UNEP, the ILO and WHO convened the International Conference on Chemical Safety ("ICCS") in Stockholm from April 25-29, 1994. A preparatory meeting in December 1993 was hosted

by the ILO, whose interests in the area focus on the involvement of organizations representing employers, occupational health and safety and promotion of its Conventions concerning Safety in the Use of Chemicals as Work of 1990 (No. 170, which entered into force on November 4, 1993) and the Prevention of Major Industrial Accidents of 1993 (No. 174, not yet in force), together with their accompanying recommendations.

During this same period (1991-1994), discussions took place about how best to strengthen inter-organizational cooperation in the chemicals field. Early ideas focused on expanding and

strengthening the IPCS rather than creating a new coordinating mechanism. As talks evolved, however, it was decided to keep the programmatic technical work with the existing IPCS, which could add other organizations (UNIDO has since expressed its desire to join), and to give a

separate, simple arrangement for the sole purpose of coordination. The Coordinating Committee of the IOMC and the IPCS are currently considering the best manner in which to relate their action and secretariat services. The IOMC is now preparing work plans integrating information on programmes and activities from six participating organizations in order to identify gaps and areas in which coordination needs to be improved.

The picture would not be complete without mentioning the Intergovernmental Forum on Chemical Safety, which the delegates to the Stockholm conference resolved to establish. The Forum, described by the resolution as a "non-institutional arrangement," has as its task the

bringing together of government representatives and the provision of advice to governments, international organizations, intergovernmental bodies and nongovernmental organizations involved in chemical safety. A second session of the Forum is to be held in Vancouver, Canada, in 1997, with meetings of its smaller Intercessional Group in the interim (the first was held in Bruges, Belgium in March 1995). The officers of the Forum have worked closely with the IPCS secretariat, and have had informal consultations with the Coordinating Committee of the IOMC as well.

The MOU establishing the IOMC was concluded after exchanges of drafts and several

meetings that involved chemical experts and lawyers from six organizations during 1994. The finalized text was circulated for signature by the executive heads. The MOU entered into force for UNEP, the ILO, WHO and the OECD upon the fourth signature, on March 13, 1995; the date of its entry into force for UNIDO was March 21, 1995 and for the FAO April 18, 1995. Other intergovernmental organizations may become parties to the MOU if those participating in the IOMC unanimously agree.



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The Committee on Sustainable Development of the Economic and Social Council of the United Nations will, through appropriate channels, be able to examine the results of the various new arrangements on chemicals when it meets in mid-1997.

I.L.M. Content Summary

[TEXT OF MEMORANDUM].I.L.M. Page 1315

PARTIES.I.L.M. Page 1315

[Paragraphs] 1-1.3

[Organizations to which the Memorandum of Understanding ("MOU") is open for signature; participation by other

intergovernmental organizations]

ESTABLISHMENT AND PURPOSE OF PROGRAMME .I.L.M. Page 1315 [Paragraphs] 2-2.3

[Purpose; list of areas in which coordination will be sought]

INTER-ORGANIZATION COORDINATING COMMITTEE (IOCC) .I.L.M. Page 1316

[Paragraphs] 3-3.6

[Composition of the IOCC; rules regarding advisors, observers, advisory bodies; rules of procedure; election of Chairperson and

Vice-Chairperson]

MEETINGS ..I.L.M. Page 1316

[Paragraphs] 4-4.4

[Date, time and place of IOCC sessions; when extraordinary sessions may be called; costs of attending sessions]

FUNCTIONS . ..I.L.M. Page 1317

[Paragraphs] 5-5.2

[List of IOCC functions; stipulation that IOCC may be given additional functions agreed upon by all Participating Organizations]

RECOMMENDATIONS AND DECISIONMAKING .I.L.M. Page 1318 [Paragraph] 6

[Except as otherwise provided in the MOU, and subject to advance notice of the provisional agenda of the meeting, IOCC Recommendations and decisions shall be taken by consensus of those Participating Organization representatives present at the

meeting]



SECRETARIAT.I.L.M. Page 1318

[Paragraphs] 7-7.9

[Services to be carried out by the Secretariat for the IOCC; when the Secretariat may provide Secretariat services for other

intergovernmental meetings and arrangements; location of and

staffing of Secretariat; administering organization for the

Secretariat; loan or secondment of staff members to perform work for the Secretariat; designation of the head of the Secretariat]

BUDGET.I.L.M. Page 1319

[Paragraphs] 8-8.5

[Sharing of costs by Participating Organizations; what the Secretariat's budget must state; how the resources of the Secretariat

may be provided]

REPORTING .I.L.M. Page 1319

[Paragraphs] 9-9.1

[Secretariat shall submit a report of activities and the use of

budgetary resources to the IOCC for its adoption at least once a

year; distribution of adopted report]

ENTRY INTO FORCE .I.L.M. Page 1320

[Paragraphs] 10-10.2

[The MOU enters into force upon signature by four of the

organizations listed in Paragraph 1.1; for any other

intergovernmental organization, it shall enter into force upon written acceptance of the MOU]

AMENDMENTS.I.L.M. Page 1320

[Paragraph] 11

[Amendment by consensus of all Participating Organizations; amendments enter into force upon written acceptance by all

Participating Organizations]

WITHDRAWAL .I.L.M. Page 1320

[Paragraphs] 12-12.2

[Procedures for withdrawl; date of effective withdrawl]

DURATION AND TERMINATION .I.L.M. Page 1320 [Paragraph] 13

[The MOU may be terminated (a) by consensus of all Participating Organizations; or, (b) when there are fewer than four Participating Organizations, unless the remaining Participating Organizations agree otherwise]

[Signatures]



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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 adopted 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 Stockhohn 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 k?own 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.



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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 ?reas 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-ORGANKATION 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.



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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 cn 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.



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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 There shall be a secretariat providing the IOCC with services, including the

following:

(a) organize meetings of the IOCC;

(b) collect and analyse information for the preparation of documents for such

meetings;

(c) prepare and circulate the minutes of each meeting and the report referred to in paragraph 9.1;

(d) perform other inter-sessional work as necessary for such meetings;

(e) draw up a draft budget of the Secretariat for consideration by the IOCC.

7.2 The Secretariat shall carrv out its work in accordance with the guidance of the IOCC.

7.3 To the extent that corresponding resources are made available, the Secretariat of

the Programme may also provide secretariat services for other intergovernmental meetings and arrangements if so decided by the IOCC. For this purpose, that part of the Secretariat providing such services shall be functionally distinct from that part of the Secretariat under

the direction of the IOCC.

7.4 The Secretariat shall be located at the administering organization.

7.5 Until agreed otherwise by the Participating Organizations, the administering organization for the Secretariat shall be the World Health Organization.

7.6 The Participating Organizations shall review the designation of the administering

organization five years after the date on which this Memorandum of Understanding entered into force and periodically thereafter.



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7.7 To the extent that resources are made available to so provide, the Secretariat shall be composed of such staff as deemed necessary by the IOCC.

7.8 The loan or secondment of a staff member to perform work for the Secretariat shall be subject to agreement between the organization releasing the staff member and the

administering organization of the Secretariat.

7.9 The Executive Head of the administering organization shall designate the head of the Secretariat upon the consensus recommendation of the IOCC attended by all the Participating Organizations.

8. BUDGET

8.1 The Participating Organizations shall share the costs of the Secretariat, taking into account resources provided under paragraphs 8.3 and 8.4.

8.2 The budget of the Secretariat shall state the amount of its budgetary needs and the resources envisaged to meet them.

8.3 The resources of the Secretariat, as approved by the IOCC, may be provided as follows:

(a) voluntary monetary and in-kind contributions from the Participating Organizations and Governments;

(b) voluntary monetary and in-kind contributions from other inter-governmental sources;

(c) secondment or loan of staff members from the Participating Organizations as a contribution in kind.

8.4 Contributions from other sources may also be approved by the IOCC attended

by all the Participating Organizations.

8.5 No Participating Organization shall be required to provide financial support for the Secretariat beyond what thai Organization has pledged.

9. REPORTING

9.1 The Secretariat shall submit a report of activities and the use of budgetary resources to the IOCC for its adoption at least once a year.

9.2 The adopted report shall be sent to the Executive Heads of the Participating Organizations and be forwarded through the appropriate channel to the Inter-Agency Committee on Sustainable Development and to any other bodies the IOCC may deem

appropriate.



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10. ENTRY INTO FORCE

10.1 This Memorandum of Understanding shall enter tato force upon signature by four of the organizations mentioned in paragraph LI above.

10.2 It shall enter into force for any other intergovernmental organization mentioned in

paragraph 1.3 upon the date of the written acceptance by that organization of the Memorandum of Understanding, including any amendments thereto.

11, AMENDMENTS

This Memorandum of Understanding may be amended by consensus of all

Participating Organizations. An amendment shall enter into force upon written acceptance by all the Participating Organizations.

12. WITHDRAWAL

12.1 Any Participating Organization may withdraw from this Memorandum of

Understanding by written notification to the head of the Secretariat of the IOCC, who shall

immediately inform the Participating Organizations of such notification,

12.2 The withdrawal shall take effect upon the expiration of six months from the date on which the written notification has been received by the head of the Secretariat of the IOCC or at any later date indicated in the notification.

13. DURATION AND TERMINATION

This Memorandum of Understanding may be terminated only by consensus of all Participating Organizations or whenever the number of the Participating Organizations is less than four, unless the remaining Participating Organizations agree otherwise.

Signed:

For United Nations



For Food and Agrid

of the United amzation

ti. For World Health Organization

For " ' '

/ United Nations Industrial

Development Organization

Date:

Date:

Date:

For

Organisation for Economic Co-operation Date: and Development / ^ / <;? ; \



Documents

FAO-ILO-OECD-UNEP-UNIDO-WHO: MEMORANDUM OF UNDERSTANDING CONCERNING ESTABLISHMENT OF THE INTER-ORGANIZATION PROGRAMME FOR THE SOUND MANAGEMENT OF CHEMICALS