4. Minor Treaty Actions
   1. Minor treaty actions are normally technical amendments to existing treaties that do not significantly affect the national interest. They are presented to the Committee with an explanatory statement and are published on the Committee’s website unless a request for confidentiality is received and agreed to by the Committee.
   2. The Committee can choose to formally inquire into these treaty actions or accept them without a formal inquiry. Once considered they are incorporated into a report of the Committee at the next opportunity.
   3. The Committee has been referred the following minor treaty actions.

2023 Amendments to Annexes A and B of the Minamata Convention on Mercury

Referral of the proposed minor treaty action

4.4On 4 November 2024, the Assistant Minister for Foreign Affairs, The Hon Tim Watts MP, referred the 2023 Amendments to Annexes A and B of the Minamata Convention on Mercury (Minamata Amendments).

Background

4.5The Minamata Convention is an international treaty which aims to protect human health and the environment from the adverse effects of mercury, by curtailing the anthropogenic releases of this naturally-occurring substance.[1] Parties to the Convention must address the use of mercury in their economies, including in industrial processes, uses in products, and disposal.[2]

4.6The minor treaty action is Australia’s acceptance of amendments to Annexes A and B, which list products and manufacturing processes which the Parties are required to phase out. Annex A lists products that are to be phased out within a specific timeframe, and products that Parties must endeavour to reduce their use of. Annex B lists manufacturing processes that are to be phased out according to the accompanying timeframe and other processes that are to be phased down. Certain processes listed within Annex B are to be phased out five years after the Conference of the Parties has determined that mercury-free processes become technically and economically feasible.[3]

Practical and legal effect

4.7A ‘significant number’ of Australia’s trading partners will be adopting the Minamata Amendments and ‘the financial effects of Australia also adopting them will be positive due to reductions in mercury in pollution in the long-term’ and the legal impacts will be ‘negligible’.[4]

Justifications

4.8Agreeing to the Minamata Amendments would be consistent with Australia’s commitment to the Convention and its work:[5]

Australia has already made progress in phasing out mercury-added products and manufacturing processes due to the availability of technically and economically feasible mercury-free alternatives. Mercury-based production of sodium or potassium methylate or ethylate does not occur in Australia. Targeted consultation identified that affected industries are ready to transition to readily available mercury-free products and processes. Australia has made progress in phasing down the use of dental amalgam.[6]

Nature and timing

4.9The Minamata Amendments will enter into force for Australia on 25 April 2025. Restrictions to products included in Annex A will come into effect from 31 December 2025, 2026 or 2027 depending on the product listing. Restrictions on the manufacturing processes listed in Annex B, Part I will take effect on 31 December 2025 and restrictions on processes listed in Part II will take effect from 23 November 2028.[7]

4.10Australia does not propose to object to the Minamata Amendments.[8]

Legislative changes

4.11No legislative changes are required.28F[9]

2024 Amendment to Annex I of the International Convention against Doping in Sport

Referral of the proposed minor treaty action

4.12On 7 November 2024, the Assistant Minister for Foreign Affairs, The Hon Tim Watts MP, referred the 2024 Amendment to Annex I of the International Convention against Doping in Sport (the ICDS Amendment).

Background

4.13The International Convention against Doping in Sport came into force in February 2007 and is administered by the United Nations Education, Scientific and Cultural Organisation. It aims to prevent and ‘fight against doping in sport’, and to ultimately eliminate the practice.[10]

4.14Annex I contains the list of prohibited substances, which are adopted by the World Anti-Doping Agency (WADA) and in turn by sporting organisations worldwide, including the International Olympic Committee.[11]

4.15The ICDS Amendment updates Annex I to follow the 2025 Prohibited List which was adopted by the WADA on 12 September 2024.[12]

Practical and legal effect

4.16The proposed treaty action will have negligible practical, legal, or financial effects as the ICDS Amendment ‘only updates the existing Prohibited List to reflect the minor amendments made as part of a review process’.[13]

Justifications

4.17The ICDS Amendment harmonises anti-doping efforts globally, which ensures certainty and consistency for Australian athletes who must comply with WADA policies.[14] If Australia were not to agree to the ICDS Amendment, Australian sport organisations would continue to operate under the old version of Annex I, which would create inconsistencies with international sports bodies and possibly create problems in regards to Australia’s obligations pursuant to the Convention.[15]

Nature and timing

4.18The ICDS Amendment were expected to come into force on 1 January 2025 unless two-thirds of the State Parties object.[16] Australia does not intend to object to the ICDS Amendment.[17]

Amendment to Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora

Referral of the proposed minor treaty action

4.19On 7 November 2024, the Assistant Minister for Foreign Affairs, The Hon Tim Watts MP, referred the Amendment to the Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (the CITES Amendment).

Background

4.20The Convention International Trade in Endangered Species of Wild Fauna and Flora (CITES) entered into force on 1 July 1975 and now has 180 members, including Australia. CITES aims to protect wild populations of plants and animals by ensuring that they are not threatened by international wildlife trading activities, with a permitting system that is implemented by the member countries. Approximately 5,600 species of animals and 30,000 species of plants are listed under CITES, and their trade is only permitted when it is legal and sustainable.[18]

Practical and legal effect

4.21The CITES Amendment will add three species of gecko to Appendix III of CITES, following a request by the Seychelles.[19] Listing them in Appendix III requires all State Parties to assist in the regulation of their trade.[20]

4.22Listing the gecko species in Appendix III of CITES is not expected to have a significant effect upon Australia.[21] The geckos do not occur in Australia, and Australia does not trade in specimens of these species.[22] They cannot be imported into Australia under the Environment Protection and Biodiversity Conservation Act 1999.[23]

Justifications

4.23As stated by the Explanatory Statement, ‘the treaty action is consistent with Australia’s strong commitment to the Convention and to international cooperation for the protection and conservation of wildlife more generally.’[24]

Nature and timing

4.24Listing a species in Appendix III of CITES can be made unilaterally and does not require agreement by the Conference of Parties.[25] The Amendment was expected to enter into force on 25 November 2024.[26]

4.25Australia does not propose to object to the Amendment.[27]

Conclusion

4.26The Committee resolved that:

• the 2023 Amendments to Annexes A and B of the Minamata Convention on Mercurybe endorsed as a minor treaty action without inquiry;
• binding treaty action be recommended in relation to the 2023 Amendments to Annexes A and B of the Minamata Convention on Mercury.
  27. The Committee further resolved that:
• the 2024 Amendment to Annex I of the International Convention against Doping in Sport be endorsed as a minor treaty action without inquiry;
• binding treaty action be recommended in relation to the 2024 Amendment to Annex I of the International Convention against Doping in Sport.
  28. The Committee further resolved that:
• the Amendment to the Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora be endorsed as a minor treaty action without inquiry;
• binding treaty action be recommended in relation to the Amendment to the Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Ms Lisa Chesters MPChair10 February 2025

Footnotes

[1]UN Environment Program, www.minamataconvention.org/en/about, accessed 13 November 2024.

[2]Explanatory Statement 10 of 2024: 2023 Amendments to Annexes A and B of the Minamata Convention on Mercury (ES 10), para 2.

[3]ES 10, paras 2 and 3.

[4]ES 10, para 6.

[5]ES 10, para 10.

[6]ES 10, paras 12 and 13.

[7]ES 10, para 9.

[8]ES 10, para 8.

[9]ES 10, para 14.

[10]Explanatory Statement 17 of 2024: 2024 Amendment to Annex I of the International Convention against Doping in Sport (ES 17), para 3.

[11]ES 17, para 1.

[12]ES 17, para 2.

[13]ES 17, para 4.

[14]ES 17, para 8.

[15]ES 17, para 9.

[16]ES 17, para 6.

[17]ES 17, para 7.

[18]Department of Climate Change, Energy, the Environment and Water, www.dcceew.gov.au/environment/wildlife-trade/cites, accessed 13 November 2024.

[19]Explanatory Statement 18 of 2024, Amendment to Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (ES 18), para 1.

[20]ES 18, para 4.

[21]ES 18, para 3.

[22]ES 18, para 3.

[23]ES 18, para 3.

[24]ES 18, para 6.

[25]ES 18, para 2.

[26]ES 18, para 5.

[27]ES 18, para 5.