Vol. 15 No. 93
Monday, 17 November 2003
PIC INC-10
17-21 NOVEMBER 2003
The tenth session of the Intergovernmental
Negotiating Committee (INC-10) for an International Legally Binding
Instrument for the Application of the Prior Informed Consent
Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade, commonly known as the Rotterdam Convention,
begins today at the International Conference Centre in Geneva,
Switzerland.
The prior informed consent (PIC) procedure aims to
promote shared responsibility between exporting and importing
countries in protecting human health and the environment from the
harmful effects of certain hazardous chemicals that are traded
internationally. The Rotterdam Convention was adopted in September
1998. To date, the Convention has been signed by 73 States and
ratified by 49 States and the European Community. It will enter into
force once 50 instruments of ratification by States are deposited.
Until the Convention's first Conference of the Parties (COP), the
INC will continue to provide guidance regarding implementation of
the PIC Procedure.
Delegates to INC-10 will resume consideration of the
major issues associated with implementation of the interim PIC
Procedure. As part of this work, key items on the INC-10 agenda
include: activities of the secretariat and review of the situation
as regards extrabudgetary funds; implementation of the interim PIC
Procedure, in particular: the inclusion of chemicals such as
asbestos, DNOC, and dustable powder formulations of benomyl,
carbofuran, and thiram; outcomes of the fourth session of the
Interim Chemical Review Committee (ICRC); preparations for COP-1,
including the draft rules of procedure, draft financial rules and
provisions, settlement of disputes, and non-compliance; Conference
of Plenipotentiaries; and the assignment of Harmonized System
customs codes.
A BRIEF HISTORY OF THE PRIOR INFORMED CONSENT
PROCEDURE
Growth in internationally traded chemicals during
the 1960s and 1970s prompted efforts by the international community
to safeguard people and the environment from the harmful results of
such trade. The development of the International Code of Conduct for
the Distribution and Use of Pesticides by the Food and Agriculture
Organization (FAO) and the London Guidelines for the Exchange of
Information on Chemicals in International Trade by the United
Nations Environment Programme (UNEP) received particular attention.
Both the Code of Conduct and the London Guidelines include
procedures aimed at making information about hazardous chemicals
more readily available, thereby permitting countries to assess the
risks associated with their use. In 1989, both instruments were
amended to include a voluntary PIC procedure, managed jointly by FAO
and UNEP, to help countries make informed decisions on the import of
chemicals that have been banned or severely restricted.
At the United Nations Conference on Environment and
Development held in Rio de Janeiro in 1992, delegates adopted Agenda
21, which contains, in Chapter 19, an international strategy for
action on chemical safety, and called on States to achieve, by the
year 2000, full participation in and implementation of the PIC
procedure, including possible mandatory applications of the
voluntary procedures contained in the amended London Guidelines and
the Code of Conduct.
In November 1994, the 107th meeting of the FAO
Council agreed that the FAO Secretariat should proceed with the
preparation of a draft PIC convention as part of the joint FAO/UNEP
programme. In May 1995, the 18th session of the UNEP Governing
Council adopted Decision 18/12, authorizing the Executive Director
to convene, with FAO, an INC with a mandate to prepare an
international legally binding instrument for the application of the
PIC procedure.
INC-1: The first session of the INC was held
from 11-15 March 1996, in Brussels. INC-1 agreed on the rules of
procedure, elected Bureau members, and completed a preliminary
review of a draft outline for a future instrument. Delegates also
established a working group to identify which chemicals should be
included under the instrument.
INC-2: The second session of the INC met from
16-20 September 1996, in Nairobi, and produced a draft convention
text.
INC-3: The third session of the INC met from
26-30 May 1997, in Geneva. Delegates considered the revised text of
draft articles for the instrument. Debate centered on the scope of
the proposed convention.
INC-4: The fourth session of the INC took place
from 20-24 October 1997, in Rome, with delegates considering the
revised text of draft articles for the instrument.
INC-5: The fifth session of the INC met from
9-14 March 1998, in Brussels. Delegates made progress on a
consolidated draft text of articles, and reached agreement on the
draft text of the PIC convention and a draft resolution on interim
arrangements.
THE CONFERENCE OF PLENIPOTENTIARIES: The
Conference of the Plenipotentiaries on the Convention on the PIC
Procedure was held from 10-11 September 1998, in Rotterdam, the
Netherlands. Ministers and senior officials from nearly 100
countries adopted the Rotterdam Convention, the Final Act of the
Conference, and a Resolution on Interim Arrangements. Sixty-one
countries signed the Convention and 78 countries signed the Final
Act. In line with the new procedures contained in the Convention,
the Conference adopted numerous interim arrangements for the
continued implementation of the voluntary PIC Procedure. It also
invited the INC to: establish an interim subsidiary body to carry
out the functions that will be permanently entrusted to a Chemical
Review Committee (CRC); define and adopt PIC Regions on an interim
basis; adopt, on an interim basis, the procedures for banned or
severely restricted chemicals; and decide on the inclusion of any
additional chemicals under the interim PIC Procedure. Finally, the
Conference invited UNEP and FAO to convene further INCs during the
period prior to the Convention's entry into force and to oversee the
operation of the interim PIC Procedure.
INC-6: INC-6 was held from 12-16 July 1999, in
Rome. INC-6 resulted in draft decisions on the definition and
provisional adoption of the PIC Regions (Africa, Europe, Asia, Latin
America and the Caribbean, Near East, Southwest Pacific, and North
America), the establishment of an interim CRC, and the adoption of
draft decision guidance documents (DGDs) for chemicals already
identified for inclusion.
ICRC-1: The first session of the Interim
Chemical Review Committee (ICRC) took place from 21-25 February
2000, in Geneva. The Committee agreed to recommend two chemicals –
ethylene dichloride and ethylene oxide – for inclusion in the
interim PIC Procedure, and forwarded draft DGDs for those chemicals
to INC-7 for consideration.
INC-7: The seventh session of the INC was held
from 30 October to 3 November 2000, in Geneva. Delegates addressed,
inter alia: implementation of the interim PIC Procedure;
issues arising out of the Conference of Plenipotentiaries; and
preparations for the COP, such as discontinuation of the interim PIC
Procedure and financial arrangements. Delegates also adopted DGDs
for ethylene dichloride and ethylene oxide, as well as a policy on
contaminants within chemicals.
ICRC-2: The second session of the ICRC was held
from 19-23 March 2001, in Rome. In light of INC-7's adoption of a
general policy on contaminants within chemicals, the ICRC considered
the DGD on maleic hydrazide. It also addressed: ICRC operational
procedures; inclusion of monocrotophos in the interim PIC Procedure;
and the use of regional workshops to strengthen the links between
designated national authorities and the work of the ICRC and the
INC. It also forwarded recommendations to the INC on cooperation and
coordination in the submission of notifications of final regulatory
actions.
INC-8: The eighth session of the INC was held
from 8-12 October 2001, in Rome. INC-8 resolved a number of complex
questions associated with the discontinuation of the interim PIC
Procedure and on conflict of interests in the ICRC, although some
issues, such as treatment of non-Parties after discontinuation of
the interim PIC Procedure and composition of the PIC Regions, were
deferred for consideration at INC-9.
ICRC-3: The third meeting of the ICRC was held
from 17-21 February 2002, in Geneva. The ICRC recommended that
monocrotophos, Granox TBC and Spinox T, DNOC, and five forms of
asbestos be added to the interm PIC Procedure.
WSSD: The sound management of chemicals and
hazardous waste was addressed at the World Summit on Sustainable
Development (WSSD), held in Johannesburg from 26 August to 4
September 2002. Delegates agreed to text in the Johannesburg Plan of
Implementation supporting entry into force of the Rotterdam
Convention by 2003.
INC-9 : The ninth session of the INC was held
from 30 September to 4 October 2002, in Bonn. Delegates agreed on
the inclusion of monocrotophos in the interim PIC Procedure, and to
recommendations on the range and description of DNOC, asbestos, and
Granox TBC and Spinox T. In preparation for the first COP, INC-9
made progress on the draft financial rules and provisions,
procedures for dispute settlement, mechanisms for handling
non-compliance, and discontinuation of the interim PIC Procedure.
INTERSESSIONAL HIGHLIGHTS
ICRC-4: The fourth session of the ICRC was held
in Rome from 3-7 March 2003. The fourth session completed the DGDs
on asbestos, DNOC, and Granox TBC and Spinox T, and addressed new
candidate chemicals for inclusion in the interim PIC Procedure,
which included a review of the notifications of final regulatory
actions to ban or severely restrict parathion, tetraethyl lead,
tetramethyl lead, and tributyltin. It also addressed issues referred
to it from INC-9, including consistency in the listing of chemicals
contained in the interim PIC Procedure, and the guidance to
countries on the type of information that should be provided by a
notifying country using a risk evaluation from another country in
support of their final regulatory action. It reviewed a provisional
version of a form for reporting on environmental incidents related
to the use of pesticides.
FOURTH SESSION OF THE INTERGOVERNMENTAL FORUM ON
CHEMICAL SAFETY: The fourth session of the Intergovernmental
Forum on Chemical Safety (Forum IV) took place from 1-7 November
2003, at the United Nations Conference Center in Bangkok, Thailand.
Forum IV took stock of the progress achieved on the commitments and
recommendations since its last meeting in 2000, focusing on topics
relating to: children and chemical safety; occupational safety and
health; capacity building; hazard data generation and availability;
acutely toxic pesticides; the widening gap among countries in
following chemical safety policies; and input to the Strategic
Approach to International Chemicals Management. Delegates also
considered and agreed on decisions on the globally harmonized system
for the classification and labeling of chemicals, and illegal
traffic.
SAICM: The first meeting of the Preparatory
Committee for the development of a Strategic Approach to
International Chemicals Management (SAICM), met from 9-13 November
2003, in Bangkok, Thailand. Delegates provided initial comments on
potential issues to be addressed during the development of the SAICM,
examined ways to structure discussions, and considered possible
outcomes of the SAICM process. At the conclusion of the meeting, the
Committee adopted a report, which contains inter alia, issues
to be addressed during the development of the SAICM; items to be
forwarded to PrepCom2 and a proposal for intersessional activities.
THINGS TO LOOK FOR TODAY
OPENING PLENARY: INC-10 will open at 10:00 am
with a statement by Philippe Roch, State Secretary, Director, Swiss
Agency for the Environment, Forests, and Landscape. UNEP Deputy
Executive Director Shafqat Kakakhel and FAO Assistant
Director-General Louise Fresco will also present opening remarks.
Delegates are then expected to discuss organizational matters,
including the organization of work and the meeting's expected
outcomes, before addressing the more substantive items on the
agenda. |