Interlinkages Among the Chemical Conventions

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Inter-linkages Among the Chemical Conventions

• Jerry Velasquez, Ph.D.
• United Nations University
• jerryv_at_hq.unu.edu

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The United Nations University

• A Think Tank for the United Nations
• HQ based in Tokyo, Japan
• Has 15 research and training centres / programmes
  all over the world
• Governing Council composed of academics
• Funded through endowment
• Main Programmes Environment / Peace and
  Governance

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Outline of Presentation

• Inter-linkages between Basel, Rotterdam,
  Stockholm and other related conventions
• National and regional approaches on
  inter-linkages in Asia and the Pacific
• Recommendations
• Proposals for partnerships

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Cradle to Grave
Waste management
New chemicals
Environmental releases
Import / export controls
Hazard communication
Replacement
Existing chemicals
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• Existing chemicals
• The Rotterdam Convention (Article 5), obliges
  Parties to notify the secretariat of final
  regulatory actions taken in respect of banned or
  severely restricted chemicals, for the
  information of other Parties and possible listing
  under the Convention. Developing countries and
  countries with economies in transition may also
  propose the listing of severely hazardous
  pesticide formulations (Article 6).
• The Stockholm Convention (Article 4.4) requires
  Parties with regulatory and assessment schemes to
  take into consideration the POPs screening
  criteria set out in Annex D of the Convention
  when assessing pesticides or industrial chemicals
  currently in use. Parties must eliminate from
  production and use certain chemicals already
  listed in the Convention (Article 3).

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• New chemicals
• The Stockholm Convention (Article 4.3) requires
  Parties with regulatory and assessment schemes to
  regulate with the aim of preventing the
  production and use of new pesticides or new
  industrial chemicals which exhibit the
  characteristics of POPs.

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• Import/export controls
• The Basel Convention imposes strict conditions on
  the transboundary movement of hazardous wastes
  (Art. 4 and 6). In particular it prohibits the
  export of hazardous wastes from OECD to non-OECD
  countries (Decisions II/12 and III/1). Trade with
  non-parties is generally not permitted (Art.
  4.5).
• The Rotterdam Convention (Art. 10 to 12) will
  establish a Prior Informed Consent Procedure
  based on the earlier voluntary guidelines.
• The Stockholm Convention (Art. 3.2) restricts the
  import and export of POPs to cases where, for
  example, the purpose is environmentally sound
  disposal. It also requires that POPs not be
  transported across international boundaries
  without taking into account relevant
  international rules, standards and guidelines
  (Art. 6.1).

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• Waste management
• The Basel Convention (Article 4) requires each
  Party to minimize waste generation and to ensure,
  to the extent possible, the availability of
  disposal facilities within its own territory. In
  December 1999, COP5 adopted the Basel Declaration
  on Environmentally Sound Management (underpins
  the purpose of the Convention).
• The Stockholm Convention (Article 6) obliges
  Parties to develop strategies for identifying
  POPs wastes, and to manage these in an
  environmentally sound manner. The POPs content of
  wastes is generally to be destroyed or
  irreversibly transformed. The Basel Convention
  Technical Working Group is developing technical
  guidelines on POPs wastes as part of its work
  programme and at the request of the Conference of
  Plenipotentiaries that adopted the Stockholm
  Convention.

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• Environmental releases
• The Stockholm Convention requires Parties to take
  measures to reduce or eliminate releases of POPs
  from intentional production and use (Article 3),
  unintentional production (Article 5) and
  stockpiles and wastes (Article 6). Concepts of
  Best Available Techniques (BAT) and Best
  Environmental Practices (BEP) are to be further
  elaborated by the Conference of the Parties.

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• Hazard communication
• Provisions are made for the obligatory
  communication of hazard information under the
  Basel Convention (Article 4.2 f)
• The Rotterdam Convention (Article 5.1) and
• The Stockholm Convention (Article 10).

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• Replacement
• The Stockholm Convention requires information
  exchange and research on POPs alternatives
  (Articles 9 and 11). It obliges each Party using
  DDT to develop an Action plan, including for
  implementation of alternative products (Annex B).

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Substances covered
The Basel Convention covers hazardous wastes that
are explosive, flammable, poisonous, infectious,
corrosive, toxic, or eco-toxic. The categories of
wastes and the hazardous characteristics are set
out in Annexes I to III of the Convention. Lists
of specific wastes characterized as hazardous or
non-hazardous are in Annexes VIII and IX.
The Rotterdam Convention covers 2,4,5-T, aldrin,
captafol, chlordane, chlordimeform,
chlorobenzilate, DDT, 1,2-di-bromoethane (EDB),
dieldrin, dinoseb, fluoroacetamide, HCH,
heptachlor, hexachloro-benzene, lindane, mercury
compounds, and penta-chlorophenol, plus certain
formulations of methamido-phos, methylparathion,
monocrotophos, parathion, and phosphamidon.
Crocidolite, polybrominated biphenyls (PBBs),
polychlorinated bi-phenyls (PCBs),
polychlo-rinated terphenyls (PCTs), tris (2,3
dibromo-propyl) phosphate.
The Stockholm Convention covers pesticides
aldrin, chlordane, dieldrin, endrin, heptachlor,
Hexachloroben-zene (HCB), mirex, toxa-phene, and
polychlorinated biphenyls (PCBs). Continued use
of the pesticide DDT is allowed for disease
vector control until safe, affordable and
effective alternatives are in place. Countries
must make determined efforts to identify label
and remove PCB containing equipment from use by
2025. Also covers unintentionally produced POPs
such as the industrial byproducts dioxins and
furans.
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Areas for Possible Synergies

• The Basel Convention
• Amendments/Bodies
• Ban Amendment, 1995
• List of hazardous / non-hazardous wastes, 1999
• Technical assistance regional centres
• - Article 14 provide for regional centres for
  training and technology
• transfer.
• - Basel has a Technical
• Cooperation Trust Fund

• The Rotterdam Convention
• Amendments/Bodies
• Future creation of a Chemicals Review Committee
• Assess if chemicals or pesticide should be made
  subject to the Prior Informed Consent procedure.
  (In February 2002, Interim Committee recommended
  3 pesticides (monocrotophos, Granox TBC/Spinox T
  and DNOC) asbestos added to Convention)

The Stockholm Convention Amendments/Bodies Future
creation of a Persistent Organic Pollutants
Review Committee - assess chemicals that
have been proposed for addition to the
Convention. Technical assistance regional
centres - Article 12 provide for regional centres
for training and technology transfer. -
Stockholm (Articles 13 14) envisages a
financial mechanism, to be operated by the
Global Environment Facility on an interim basis.
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Some relevant regional agreements

• Convention on Long-Range Transboundary Air
  Pollution, LRTAP (1979) and its Aarhus Protocol
  on POPs (1998)
• Barcelona Convention for the Protection of the
  Mediterranean Sea Against Pollution (1976) and
  its Izmir Protocol (1996)
• Waigani Convention to Ban the Importation into
  Forum Island Countries of Hazardous and
  Radioactive Wastes and to Control the
  Transboundary Movement and Management of
  Hazardous Wastes within the South Pacific Region
  (1995)
• Bamako Convention on the Ban of the Import into
  Africa and the Control of Transboundary Movement
  of Hazardous Wastes within Africa (1991)
• Cartagena Convention for the Protection and
  Development of the Marine Environment in the
  Wider Caribbean Region (1983)
• Central American Regional Agreement on
  Transboundary Movements of Hazardous Wastes (1992)

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Other relevant agreements

• London Convention Convention on the Prevention
  of Marine Pollution by Dumping of Wastes and
  Other Matter (1972) plus the 1996 Protocol to the
  London Convention
• International Convention for the Prevention of
  Pollution from Ships (1973) as amended by the
  Protocol of 1978
• International Convention Relating to Intervention
  on the High Seas in Cases of Oil Pollution
  Casualties (1969)
• International Convention on Oil Pollution
  Preparedness, Response and Cooperation (1990)
• International Convention on Civil Liability for
  Oil Pollution Damage (1992)
• International Convention on the Establishment of
  an International Fund for Compensation for Oil
  Pollution Damage (1992)
• International Convention on Liability and
  Compensation for Damage in Connection with the
  Carriage of Hazardous and Noxious Substances by
  Sea (1996)
• United Nations Convention on the Law of the Sea
  (1982)

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Other related issues

• Other Conventions
• CBD, CMS, Ramsar, CITES
• Other Issues
• Health, Forestry, Culture, Labor, Trade, Waste
  Management, Security, Industrial Development,
  Socio-economic development, Local sustainable
  developmentand so on

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Synergies Where do we start?

• Scale
• Global, Regional, National
• Approach
• Cooperation Models
• Clustering
• Strengthening of UNEP
• Expand the Global Ministers Environment Forum
  (GMEF)
• Reforming existing UN bodies
• Issue Management (Environment Management Group,
  EMG)
• Centralized Models
• Building eco-competence in WTO
• World Environment Organization centralized model
  (ILO/WTO)
• Enforcement Model
• Reform UN Trusteeship Council
• Expanding mandate of UN Security Council
• Create a World Environment Court

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Clustering

• Issue or ecosystem based - Climate, bio-related,
  chemicals, trade-related, ocean
• Impacts - Deforestation, land degradation, skin
  cancer, etc.
• Goods - Agricultural products, industrial
  products, etc.
• Region based
• Functional - Capacity building, information,
  meetings, assessment, etc.

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Challenges to Synergies

• Inter-linkages concept assumes more capacity in
  national governments than may exist
• Centralization vs. Decentralization
• Also, incentives (e.g., financial), may sometimes
  promote independent action rather than harmonized
  action
• Those negotiating agreements may also not be
  involved in the implementation of the agreements
  that they have negotiated
• To use a regional approach to inter-linkages, it
  becomes a precondition that countries within a
  region have all ratified the MEAs that are to be
  synergized

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Why Focus at National and Regional Levels?

• International instruments are reflections of
  national priorities
• Its at the national level where country
  priorities can be best voiced
• Its at the national level where implementation
  ultimately occurs
• Regional instruments and organizations assist
  global conventions goals
• Other organizations are already well positioned
  to look at global level

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Inter-linkages Case Studies

• 14 Countries in Asia and Pacific
• Palau, Vanuatu, Papua New Guinea, Cook Islands in
  Pacific
• 10 ASEAN Countries in Asia
• Done together with relevant regional
  organizations and hosted by governments
• Principles of implementation
• Demand driven
• Value added
• Support sustainable development
• Follow the principle of subsidiarity
• Any initiatives should only be taken after
  benefit analysis

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Some Findings (1 of 2)

• Institutions
• Vertical challenges
• Within departments and ministries
• Between central government and provinces
• Between global and national institutions
• Horizontal challenges
• Between line agencies
• Ad hoc nature
• Structure but no clear functions
• Capacity
• Lack of capacity and sustainability
• Negotiations, ratification and implementation

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Some Findings (2 of 2)

• Information
• Assessment, storage, analysis and reporting of
  data
• Knowledge management (availability, sharing,
  contribution to overall A21 goals)
• Legal
• Legal framework
• Resourcing
• Severe lack of resources
• Challenges in seeking resources
• Stakeholder partnerships

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Some Recommendations

• Rule making ? Implementation
• Structure ? Functions
• Clarification and codification of roles and
  functions
• Function centric capacity building
• Knowledge management
• Compliance and enforcement
• Assessment and data management
• Resourcing

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Possible Cooperation

• Join activities in South Asia?
• Examples
• National and regional case studies
• Chemicals CD-ROM for SPREP
• MEAs CD-ROM for PNG
• Integrated capacity building in ASEAN
• Resourcing workshops in PICs
• Knowledge management workshops in PNG