Published by the International
Institute for Sustainable Development
(IISD) Vol. 15 No. 12 Monday,
November 02 1998
REPORT OF THE FIRST SESSION OF THE CRITERIA EXPERT GROUP FOR
PERSISTENT ORGANIC POLLUTANTS:
2630 OCTOBER 1998
The first session of the Criteria Expert Group (CEG-1) for
persistent organic pollutants (POPs) was held from 26-30 October
1998 in Bangkok, Thailand. Over 100 delegates from approximately
50 countries met in Plenary to consider the programme of work of
the CEG, including the development of science-based criteria for
identifying additional POPs as candidates for future
international action. Concurrently with discussions on criteria,
delegates considered the development of a procedure for
identifying additional POPs, including the information required
at different stages of the procedure and what body would
nominate, screen and evaluate a substance as a potential future
POPs candidate. Several contact groups were also convened to
discuss specific issues and report back to Plenary. The outcome
of CEG-1 will be reported to the second session of the
Intergovernmental Negotiating Committee for an International
Legally Binding Instrument for Implementing International Action
on Certain Persistent Organic Pollutants (INC-2) in January
1999, and the CEG will continue its work at its next session in
the first half of 1999.
The CEG is an open-ended technical working group with a
mandate to present to the INC proposals for science-based
criteria and a procedure for identifying additional POPs as
candidates for future international action. The process should
incorporate criteria pertaining to persistence, bioaccumulation,
toxicity and exposure in different regions and should take into
account the potential for regional and global transport
including dispersion mechanisms for the atmosphere and the
hydrosphere, migratory species and the need to reflect possible
influences of marine transport and tropical climates. This work
is to be completed and submitted to the INC at or before its
fourth session.
Having expected a relatively small meeting of around 40-60
experts, the Thai hosts of CEG-1 were not the only ones
surprised when over 100 delegates arrived in Bangkok, forcing
quick adjustments to the host governments reception on the
first evening. Indeed, the high level of interest in the work of
the CEG was clear evidence of the importance attached to its
mandate of developing science-based criteria and a procedure for
identifying additional POPs as candidates for the future
international convention. The unexpected size of the group may
have been a factor in the slow start of the proceedings, but by
the end of five days the CEG had made substantial headway on
both the question of criteria and the establishment of a
procedure.
A BRIEF HISTORY OF THE POPS NEGOTIATIONS
Growth in the use of certain chemicals in industry and as
pesticides increased dramatically during the 1960s and 1970s.
Many of these chemicals are important to modern society but can
also pose a serious threat to human health and the environment.
In particular, a certain category of chemicals known as
persistent organic pollutants (POPs) has recently attracted
international attention. POPs are chemical substances that are
persistent, bioaccumulate and pose a risk of causing adverse
effects to human health and the environment. A growing body of
scientific evidence indicates that exposure to very low doses of
certain POPs which are among the most toxic substances ever
created can lead to cancer, damage to the central and
peripheral nervous systems, diseases of the immune system,
reproductive disorders, and interference with normal infant and
child development. With the further evidence of the long-range
transport of these substances to regions where they have never
been used or produced and the consequent threats they now pose
to the environment worldwide, the international community has
called for urgent global action to reduce and eliminate their
release into the environment.
Prior to 1992, international action on chemicals primarily
involved developing tools for risk assessment and conducting
international assessments of priority chemicals. For example, in
1989 UNEP amended its London Guidelines for the Exchange of
Information on Chemicals in International Trade and the FAO
established the International Code of Conduct for the
Distribution and Use of Pesticides. Agenda 21, adopted at the
1992 UN Conference on Environment and Development, included
Chapter 19 on the Environmentally Sound Management of Toxic
Chemicals Including Prevention of Illegal International Traffic
in Toxic and Dangerous Products, which called for the creation
of an Intergovernmental Forum on Chemical Safety (IFCS). The
Inter-Organization Programme on the Sound Management of
Chemicals (IOMC) was also established to promote coordination
among international organizations involved in implementing
Chapter 19.
In March 1995, the UNEP Governing Council (GC) adopted
Decision 18/32 and invited the IOMC, together with the
International Programme on Chemical Safety (IPCS) and the IFCS,
to initiate an assessment process regarding a list of 12 POPs,
taking into account the circumstances of developing countries
and countries with economies in transition. The assessments of
the chemicals were to include available information on their
chemistry, sources, toxicity, environmental dispersion and
socio-economic impacts. The IFCS was further invited to develop
recommendations and information on international action to be
considered by the 1997 sessions of the UNEP GC and the World
Health Assembly (WHA). In response to this invitation, UNEP
convened an Ad Hoc Working Group on POPs that developed a
workplan for the assessment of these 12 substances, which was
subsequently adopted by the second meeting of the Inter-
Sessional Group (ISG-2) of the IFCS in March 1996, in Canberra,
Australia.
The Ad Hoc Working Group reported to the IFCS meeting held in
June 1996 in Manila, the Philippines. The meeting concluded that
sufficient information existed to demonstrate that international
action, including a global legally binding instrument, is
required to minimize the risks from the 12 specified POPs
through measures to reduce and/or eliminate their emissions and
discharges. Consequently, IFCS recommended to the UNEP GC and
the WHA that immediate international action be taken.
In February 1997, the UNEP GC adopted Decision 19/13C
endorsing the conclusions and recommendations of the IFCS. The
GC requested that UNEP, together with relevant international
organizations, prepare for and convene an intergovernmental
negotiating committee (INC) with a mandate to prepare,
preferably by 2000, an international legally binding instrument
for implementing international action beginning with the 12
specified POPs. The 12 POPs are grouped into three categories:
1) pesticide POPs: aldrin, chlordane, DDT, dieldrin, endrin,
heptachlor, mirex and toxaphene; 2) industrial chemical POPs:
hexachlorobenzene and polychlorinated biphenyls (PCBs); and 3)
POPs that are unintended byproducts: dioxins and furans. The
first meeting of the INC was also requested to establish an
expert group for the development of science-based criteria and a
procedure for identifying additional POPs as candidates for
future international action. Also in February 1997, the second
meeting of the IFCS, held in Ottawa, Canada, decided that the
IFCS Ad Hoc Working Group would continue to assist in the
preparations for the negotiations. In May 1997, the WHA endorsed
the recommendations of the IFCS and requested that the World
Health Organization (WHO) participate actively in negotiations
of the international instrument. The May 1998 meeting of the
UNEP GC again highlighted the beginning of the UNEP POPs
negotiations.
A number of recent meetings have also addressed issues
related to the POPs INC agenda:
In June 1995, Parties to the Barcelona Convention for the
Protection of the Mediterranean Sea against Pollution agreed to
the Barcelona Resolution, which aims to reduce by the year 2005
and to gradually eliminate discharges and emissions of
substances that are toxic, persistent and liable to
bioaccumulate and that could reach the marine environment.
An International Expert Meeting on Persistent Organic
Pollutants: Towards Global Action, jointly organized by Canada
and the Philippines, was held in Vancouver, Canada, in June
1995. The meeting concluded that domestic regulatory
arrangements are not adequate in managing the adverse global
impacts of POPs and requested that a suitable international
agency provide definitions, criteria and a comprehensive list of
POPs.
The Intergovernmental Conference to Adopt the Global
Programme of Action for the Protection of the Marine Environment
from Land-Based Activities (GPA) took place in Washington, DC,
in November 1995. Over 108 governments declared, inter alia,
their support for the development of a legally binding
instrument to reduce or eliminate the discharge, manufacture,
and use of the 12 POPs.
During 1997 and 1998, UNEP and the IFCS conducted eight
regional and subregional joint awareness-raising workshops on
the risks and global issues associated with POPs, particularly
for developing countries and countries with economies in
transition.
In March 1998, representatives from 95 governments
completed negotiations for an international legally binding
Convention on the Prior Informed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade (PIC
Convention). The PIC principle states that export of dangerous
chemicals and pesticides should not proceed unless explicitly
agreed upon by the importing country. The major aim is to
promote a shared responsibility between exporting and importing
countries in protecting human health and the environment from
the harmful effects of certain hazardous chemicals being traded
internationally. This Convention was adopted and opened for
signature at a Diplomatic Conference held in Rotterdam, the
Netherlands, in September 1998.
The UN Economic Commission for Europe (UN/ECE) recently
concluded negotiations for a Protocol to the Convention on Long-
Range Transboundary Air Pollution (LRTAP) regarding 16 POPs. On
24 June 1998, 32 countries and the European Community signed the
Protocol, which aims to control, reduce or eliminate discharges,
emissions and losses of POPs. The Protocol: bans the production
and use of some products outright (aldrin, chlordane,
chlordecone, dieldrin, endrin, hexabromobiphenyl, mirex,
toxaphene); schedules others for elimination at a later stage
(DDT, heptachlor, hexachlorobenzene, PCBs); and severely
restricts the use of DDT, HCH (including lindane), and PCBs. It
also obliges countries to reduce their emissions of dioxins,
furans, PAHs and HCB below their 1990 levels and provides for
best available techniques to cut emissions of these POPs.
INC-1: The first session of the INC (INC-1) for an
international legally binding instrument for implementing
international action on certain POPs was held from 29 June 3
July 1998 in Montreal, Canada. Delegates from 92 countries
agreed on rules of procedure, elected bureau members and
considered the programme of work for the INC as well as possible
elements that might be included in an international legally
binding instrument. The INC also established the Criteria Expert
Group (CEG), as well as a subsidiary body to examine
implementation aspects of a future instrument, including issues
related to technical and financial assistance. Based on the
discussions at INC-1 and written comments, the Secretariat was
asked to prepare for INC-2 a document for discussion containing
material for possible inclusion in an international legally
binding instrument.
REPORT OF CEG-1
Fatoumata Jallow Ndoye (The Gambia), Co-Chair of the CEG,
opened CEG-1 on Monday, 26 October 1998. She thanked the
Government of the Kingdom of Thailand for hosting the meeting
and the United States for assisting in the funding of the
meeting.
Suwit Khunkitti, Minister of Science, Technology and
Environment of Thailand, welcomed the delegates to Thailand and
said that Thailand gave high priority to the problem of chemical
hazards. He highlighted the growing use of chemicals and noted
that they are often used irresponsibly and without understanding
the dangers, and that there is also a lack of systematic
controls during chemical import, production, transport, sale,
use, storage and disposal. He also highlighted: Thailands 20-
year national plan that sets out policy for management of these
substances; Thailands cooperation with UNEP in convening a
regional workshop; and Chapter 19 of Agenda 21 on
Environmentally Sound Management of Toxic Chemicals Including
Prevention of Illegal International Traffic in Toxic and
Dangerous Products.
Suvit Yodmany, Director of the UNEP Regional Office for Asia
and the Pacific, stressed the difficulty of the task ahead and
the importance of taking into account the different
characteristics, uses and sources of the substances on the
initial list of 12 POPs. He emphasized the complexity of the
problem of POPs and the importance of the output of the CEG for
the negotiations in the INC.
ORGANIZATIONAL MATTERS
During the opening Plenary, Co-Chair Jallow Ndoye reminded
delegates of the CEGs mandate, terms of reference and
objectives, as well as the need to work expeditiously in light
of the large task ahead. She also outlined the categories and
characteristics of POPs, their impacts, growing international
concern, and potential solutions including alternatives,
voluntary programmes and legislation. She stressed that the task
of the CEG is to complete its work before INC-4, and emphasized
the moral duty to protect and preserve the universe and
prosperity from harmful POPs. The agenda for the meeting, as
contained in UNEP/POPS/INC/CEG/1/1 and amended by the Bureau,
was then adopted by the Plenary.
Delegates had before them two documents prepared by the
Secretariat on the consideration and development of science-
based criteria and a procedure for identifying additional POPs
as candidates for future international action
(UNEP/POPS/INC/CEG/1/2 and UNEP/POPS/INC.1/6). Also available
were a number of conference room papers (CRPs) on the positions
of various delegations on the development of criteria and a
procedure for identifying additional POPs.
Co-Chair Jallow Ndoye announced that although Luis Fernando
Soares de Assis (Brazil) had been elected Rapporteur for the CEG
at INC-1, he was now unable to fulfil that role. The Plenary
agreed that Jarapong Boon Long (Thailand) would be the new
Rapporteur for the CEG. Reiner Arndt (Germany) served as Co-
Chair for the CEG.
Deliberations on the development of criteria and a procedure
for identifying additional POPs as candidates for future
international action began on Monday, 26 October, in Plenary.
The Plenary heard opening statements from delegations and
considered, inter alia, the programme of work for the CEG and
possible elements of science-based criteria and a procedure for
identifying additional POPs. Several contact groups were
convened to discuss specific issues and report back to Plenary.
The following summarizes the various issues discussed during the
week.
OPENING STATEMENTS
On Monday, 26 October, delegates in Plenary heard opening
statements from governments, intergovernmental organizations
(IGOs) and non-governmental organizations (NGOs). Many delegates
expressed their appreciation to UNEP and the Secretariat as well
as to the Government of the Kingdom of Thailand for hosting the
first session.
Bo Wahlström (UNEP Chemicals) presented a Secretariat
document on the consideration of possible criteria for
identifying further POPs as candidates for international action
(UNEP/POPS/INC.1/6). He noted that the information in this
document was based on submissions to UNEP from a number of
countries as well as IGOs and NGOs. Factors such as volatility,
persistence, bioaccumulation, toxicity and long-range transport
were highlighted by many of the submissions, and other factors
that were mentioned included measurements of chemicals in remote
regions, bioavailability, climatic factors, dispersion
mechanisms and patterns of use. He noted, however, that
scientific uncertainty and a lack of data might complicate the
application of such criteria.
FRANCE identified three steps for identifying further POPs,
as contained in document UNEP/POPS/INC/CEG/1/CRP.1. First,
substances should be screened using the criteria of presence or
persistence in the environment and toxicity to man or the
environment. Second, substances should then be prioritized using
the criteria of toxicity, ecotoxicity, persistence,
bioaccumulation and information from monitoring data. Third,
there should be a risk assessment of the substance to identify
unacceptable levels in the environment. Following the risk
assessment, those substances that are considered to be a risk
will be considered as POPs and subject to international risk
management.
GERMANY highlighted that UN/ECE Decision 1998/2 regarding the
procedure for adding substances to the LRTAP POPs Protocol and
the properties of the 12 POPs that are to be included in the
POPs convention were important starting points for identifying
further POPs, as contained in document
UNEP/POPS/INC/CEG/1/CRP.2. He suggested that there could also be
a precautionary aspect to the criteria that will be established,
but that migratory species are unlikely to be a significant
source of long-range transport. He proposed the use of a step-
by-step procedure that begins with a screening phase.
AUSTRALIA noted that decisions on criteria would depend on
how the criteria were to be applied and stressed that the
procedure for identifying POPs was important
(UNEP/POPS/INC/CEG/1/CRP.5). He suggested that the process
should be open and transparent and rely on a scientific base. He
also proposed a three-step process consisting of a nomination
stage, an evaluation stage and a response stage. Nominations for
chemicals to be included should only come from Parties and the
decision to consider a chemical as a POP should include socio-
economic, climatic, health, political and trade considerations.
SOUTH AFRICA noted that the soil in southern Africa is
different and may retain some chemicals for longer periods. This
can lead to contamination of run-off in rivers and therefore
transportation in water is an important criteria. SWEDEN noted
that while the criteria for pesticides in Sweden have been very
specific, flexibility is also an important element. He
highlighted the basis of the new Swedish chemicals policy that
persistent and bioaccumulative organic substances always
represent a potential threat to human health and the
environment. SWEDEN also presented a paper on behalf of the
Nordic Project Group on the criteria for the selection of
persistent, bioaccumulative and toxic substances
(UNEP/POPS/INC/CEG/1/CRP.3). He highlighted the existence of
their database of about 17,000 hazardous substances that are
used in Nordic countries that includes data on physical-chemical
properties, toxicity, bioaccumulation and biodegradability.
INDIA stressed that not all countries have the resources to
produce data with regards to POPs and that the CEG should
recommend to the INC that funds be made available so that the
required data can be generated in the various regions of the
world. He noted that socio-economic considerations are important
but should not override scientific data. The RUSSIAN FEDERATION
noted that they had much experience with POPs, and highlighted
their rigid system of criteria for pesticides. He emphasized
that the CEG must classify substances clearly and that the
initial 12 POPs that are to be regulated are not a major concern
for them since they have been nationally regulated since the
1970s. ICELAND noted that establishing criteria was very
important because it would determine if the convention would be
confined to the 12 listed POPs or if it would be dynamic and
include other substances. He noted that future developments
should be taken into account and that while strict numeric
values are important, there must also be flexibility. Both field
measurements and intrinsic characteristics are important.
The UKRAINE outlined its intent to offer criteria, such as
acceptable daily intake (ADI), that expand on conventional
criteria and referred to the importance of transport from water
or soil to plants. He also suggested including risk assessment
criteria in the future (UNEP/POPS/INC/CEG/CRP.18).
The US supported developing a deliberative, transparent
procedure and criteria enabling thorough evaluation and
identification of pollutants that pose significant adverse
health and environment risks from exposures occurring as a
result of long-range environmental transport
(UNEP/POPS/INC/CEG/1/CRP.9). He stressed that transport and
deposition patterns of a pollutant should be of sufficient scale
to warrant global action. On procedure, the US envisioned a
four-step process: nomination (with sufficient supporting
information); initial screening; detailed evaluation (by a
subsidiary to the COP considering risks from long-range
environmental transport and other considerations); and referral
to the COP. JAPAN proposed a flow-chart defining a specific
science-based screening procedure for POPs based on long-range
transport, persistence, bioaccumulation and toxicity
(UNEP/POPS/INC/CEG/1/CRP.8). Technical information was also
presented showing the specific chemical properties and
relationships of various POPs.
The WORLD METEOROLOGICAL ORGANIZATION (WMO) presented the
results of a 1996 UN/ECE workshop on heavy metals and POPs that
was held in order to improve knowledge on physical-chemical
properties of these substances, including information on
emissions and modelling (UNEP/POPS/INC/CEG/1/CRP.11). UNEP, on
behalf of the UN/ECE, presented a paper on the requirements for
information to be submitted and the procedure for adding
substances to the LRTAP POPs Protocol
(UNEP/POPS/INC/CEG/1/CRP.10). In this procedure, Parties must
submit a risk profile that demonstrates long-range transboundary
atmospheric transport, toxicity, persistence and bioaccumulation
when proposing to add new substances to the Protocol. The
proposal must also contain available information on production,
uses and emissions of the substance that is proposed for
regulation and information related to alternative substances,
such as socio-economic factors.
GREENPEACE INTERNATIONAL highlighted the importance of a
convention that focuses on the elimination of POPs and benefits
many countries through improvements in capacity. He noted that
there were many more than 12 POPs of global concern and that
there should be a presumption that the process created by the
CEG would be approved by Parties and not held up by political
considerations. Criteria should be flexible and based on the
precautionary principle.
The INTERNATIONAL COUNCIL OF CHEMICAL ASSOCIATIONS (ICCA)
outlined the principles that should be considered in the final
criteria and process, as contained in document
UNEP/POPS/INC/CEG/1/CRP.4. She suggested that the process: be
practical and based on sound science; involve a prioritization
of a manageable number of substances; build on what has already
been done; and understand and respect all positions. She offered
the expertise of industry in contributing to the discussions of
the CEG and the assessment of specific chemicals.
DEVELOPMENT OF SCIENCE-BASED CRITERIA
On Monday, 26 October, delegates began consideration of the
CEGs work programme on the development of science-based
criteria for identifying additional POPs as candidates for
future international action, including: transport in air, water
and migratory species; persistence; bioaccumulation; and socio-
economic considerations. Concurrently, delegates considered the
development of a procedure for identifying additional POPs,
including the information required at different stages of a
procedure and which bodies would nominate, screen and evaluate a
substance as a potential future candidate.
Bo Wahlström (UNEP Chemicals) presented a Secretariat
document on the development of science-based criteria and a
procedure for identifying additional POPs as candidates for
future international action (UNEP/POPS/INC/CEG/1/2) and stressed
that the document was designed to facilitate discussion and not
to prescribe solutions. He suggested that criteria should be
open and transparent, based on sound science and widely
understandable. He stressed the factors that should be
considered, including transport of POPs in multiple media (air,
water and migratory species) and noted progress already made
with measurements and models. He highlighted the relevance of
policy and political goals and the options specified in the
document, and further emphasized issues such as integration of
monitoring data, linking long-range transport with toxicity and
bioaccumulation, and possible use of a decision tree.
LONG-RANGE TRANSPORT, PERSISTENCE, BIOACCUMULATION, AND
REASONS FOR CONCERN: Regarding long-range transport by migratory
species, ICELAND highlighted the presence of PCBs and DDT in
Iceland despite the chemicals never being used there. He noted
the transport role of migratory birds by reference to the
discovery of chemicals in falcons due to their predation on
seabirds. CANADA, supported by the US, stressed the impacts of
POPs on aboriginal peoples in the north that consume migratory
species and, identifying specific evidence of POPs
concentrations in human tissues directly attributable to
consumption of bird eggs, said migrating species were a vehicle
for threatening remote regions.
The RUSSIA FEDERATION asked Co-Chair Arndt to formulate a
view on the meaning of criteria versus indicators. Co-Chair
Arndt responded there was a need to distinguish between data,
qualities of data and values for identifying POPs, but that the
process will determine when these labels are to be used. The US
noted that migratory species are relevant in a qualitative sense
but are not a major source of long distance POPs.
Hydrospheric Transport: On long-range transport in water
(hydrospheric transport), GERMANY suggested that transport is
much slower in water than in air, but that the quantities may be
significantly higher. ICELAND said there is evidence of these
substances showing hydrospheric transport but that data in this
area is scarce. NEW ZEALAND noted that studies on this had been
done and data exists regarding oceanographic transfer. CAMEROON
said his country was at the junction of major ocean currents,
and emphasized the important socio-economic role played by
mangroves and the potential for deposition of POPs.
On Tuesday, 27 October, delegates in Plenary continued
discussion regarding the criteria of long-range transport.
Regarding hydrospheric transport, the NETHERLANDS highlighted
the issue of regional problems with respect to marine
environments and suggested that while regional problems should
be dealt with in that region, there are cases where these
problems, such as discharges from a river that travels to the
North Sea, may require international consideration. CHINA noted
that while they had prohibited DDT in 1983, a Chinese survey of
Tibetan rivers showed the presence of organochlorine pollution
in remote highland areas and that rainfall is an important
dispersion mechanism for organochlorines that may enter rivers
and soils. SOUTH AFRICA noted that the direction of currents and
heavy river flow in Africa may lead to pollution outflow, but
that detailed information about this was lacking. Co-Chair Arndt
suggested that some substances may travel through the atmosphere
and hydrosphere, whereas others may travel primarily through the
hydrosphere. He asked for data or chemical properties that would
help explain hydrospheric transport.
FINLAND, supported by CANADA, ICELAND, GERMANY and the US,
suggested that persistence was a key factor in determining the
physical-chemical properties for long-range hydrospheric
transport. She also noted that degradation was a slower process
in colder waters. Several delegations, including GERMANY and
GREENPEACE INTERNATIONAL, also highlighted consideration of
persistence in sediment, as well as in the water column.
FRANCE highlighted the case of tributyl tin (TBT), used in
anti-fouling paint on boat hulls, and suggested that sediment
and shipping should also be important considerations. ICELAND
and the US preferred that the issue of TBT be discussed at a
later date and that the work of the International Maritime
Organization (IMO) regarding controls on this substance should
be taken into account. ICELAND agreed to prepare a discussion
paper on TBT for the CEG.
Some delegations, including ICELAND, GREENPEACE INTERNATIONAL
and INDONESIA, suggested that the three transport mechanisms of
air, water and migratory species should be considered together
because substances can move in more than one medium. Others,
such as the US and the RUSSIAN FEDERATION, preferred that the
transport mechanisms be considered individually first, and then
similarities could be found.
Atmospheric Transport: Regarding long-range transport through
the atmosphere, CANADA supported flexible use of criteria so
that substances are added to the convention in a scientifically
intelligent and defensible way. FRANCE supported the idea of
flexibility and said it did not want to exclude substances with
vapour pressure higher than 1000 Pascals (a measurement of
pressure) and therefore favored either non-exclusive or no
vapour pressure criteria. DENMARK supported the use of well-
known volatility criteria in a flexible way and taking account
of other relevant criteria.
Measured Values for Criteria: Delegates also discussed
measured values for criteria. JAPAN, supported by COLOMBIA,
stressed that detection of substances far from their sources
should be accorded priority over chemical characteristics such
as vapour pressure and persistence such that detection should in
itself lead to further consideration of the substance. DENMARK
highlighted the inherent shortcomings of using monitoring data
but nonetheless considered it to be an important tool.
GREENPEACE INTERNATIONAL stressed the limitations of monitoring
data where problems are unidentified and the need for predicted
criteria about newly introduced products currently in low
production. CANADA, supporting GREENPEACE INTERNATIONAL,
highlighted the need to use both predicted and detected criteria
rather than choosing between them. JAPAN noted its support for
the use of both approaches and the ICCA also supported both
approaches where available, but highlighted the primacy of
measurement over estimation.
Supporting the general consensus, SOUTH AFRICA stressed that
local conditions vary considerably and that a POP in one area
may not be one in another. The WMO stressed the need for
national data to demonstrate different conditions and
highlighted the usefulness of local, regional and global scale
modelling. NEW ZEALAND said that if new high volume chemicals
persist and bioaccumulate, then modelling may provide
information as to long-range transport. On monitoring in remote
areas to look at atmospheric transportation, he said studies
have been done showing movements of various substances.
GREENPEACE INTERNATIONAL stressed the need to look at the use of
criteria and monitoring in an evolving sense and use a learning
approach. The ICCA stressed the different approaches needed for
existing chemicals and for new chemicals.
What Qualifies a POP? On identifying what qualifies a
chemical as a POP, GREENPEACE INTERNATIONAL said if a substance
is persistent, bioaccumulates and can be found at a distance in
biota, then there is a presumption of a problem, the accuracy of
which can then be verified. He said that inquiries must extend
beyond documented individual injuries in a species to include
much wider and more subtle effects across a population as a
whole. In such circumstances, he said, proving damage
definitively is very difficult so the burden of proof is also to
demonstrate absence of harm. The ICCA supported a secondary step
of assessment after problems had been identified and said
despite the potential complexity of toxicology in remote regions
it needs to be considered. The WORLD CHLORINE COUNCIL stressed
differentiating between presence of and exposure to chemicals.
If there are low environmental concentrations of a substance,
FRANCE proposed examination of its chronic environmental and
health effects, although acute toxic data could be used to
create a risk profile. The WORLD WILDLIFE FUND (WWF) stressed
that knowledge is not complete on the effects of chemicals and
there is a need to think of the interactive effects of low-level
exposure when looking at toxicity. On toxicity, AUSTRIA stressed
exercising care since there is no clear definition and he
highlighted the need to bear in mind the precautionary principle
and consider toxicity with flexibility. INDIA said availability
of data on toxicity has to be wide-ranging and stressed the need
for data on endangered species in particular regions. The
UKRAINE said that toxicological data will determine the
prioritization of POPs. JAPAN, noting that most toxicological
data is based on temperate zone experiments and not polar or
tropical, said toxicity is connected with the procedural issue
and that without toxicity data we may encounter nominations for
inclusion of a substance when there are no effects.
Persistence: On Wednesday, 28 October, delegates discussed in
more detail the criteria of persistence, bioaccumulation and
long-range transport. FRANCE said that they did not want to see
the three criteria linked and proposed delegates using the
criteria in LRTAP Executive Body Decision 1998/2
(UNEP/POPS/INC/CEG/1/CRP.10) as a starting point for
discussions. Acting on the proposal, Co-Chair Arndt called on
delegates to first consider the criteria of persistence.
CANADA supported the LRTAP criteria as being useful for
consideration. NEW ZEALAND stressed that these values should be
considered only as guideline values and, supported by the US,
called for consideration of a synthesis of the country
presentations on criteria presented during the opening
statements. ICELAND stressed high variations in persistence and,
supported by SOUTH AFRICA, agreed the criteria should be treated
as indicative. The UKRAINE underscored the need to consider
gradations of persistence in different elements such as air and
soil, while the RUSSIAN FEDERATION stressed taking account of
the full range of persistence factors.
To facilitate discussion, the US presented a summary of
criteria values for long-range transport, persistence,
bioaccumulation and toxicity used in various programmes, such as
NAFTA, LRTAP and the International Joint Commission. GREENPEACE
INTERNATIONAL asked for clarification from the US on whether
there were internationally accepted standards for measuring
half-life (the time it takes for half the substance to
disappear). The US said that the values are indicative and for
guidance only. SOUTH AFRICA asked if there is some distance
measurement for remote measurement and the US said remote
tends to be undefined. CAMEROON stressed the regional scope of
the LRTAP Convention and that its values should be treated as
indicative. Agreeing that criteria should be indicative, the US
supported flexible application of persistence criteria
encompassing both quantitative and qualitative elements. The
UKRAINE stressed considering data in different climatic zones
while there is no international protocol on persistence.
COLOMBIA highlighted the environmental hazards of long-lasting
pesticides that do not in fact bioaccumulate. GREENPEACE
INTERNATIONAL, highlighting the difficulty in determining half-
life, called for a single definition or a range of acceptable
definitions and underscored the importance of meaningful values
to achieve a flexible, durable document that can accommodate a
learning process.
Delegates in Plenary then discussed the criteria of
bioaccumulation. JAPAN suggested a level of 5000 as the
bioaccumulation or bioconcentration factor, but that the log Kow
value (an indication of solubility in water or fat) should be 4.
The ICCA asked if these levels were to be guidelines or set
levels. JAPAN further noted that the OECD Chemicals Committee
meets next month and will discuss this issue and that other
criteria, such as serious pollution in remote regions, might be
relevant if bioaccumulation levels are low. Co-Chair Arndt added
that some delegates had suggested that a lower bioaccumulation
level could be chosen if a higher toxicity level is chosen.
Criteria for Long-Range Transport: Turning to the criteria of
potential for long-range transport, delegates started
discussions based on the values used in the LRTAP POPs Protocol
under Decision 1998/2. These levels are evidence that the
substance has a vapour pressure below 1,000 Pascals (a
measurement of pressure) and an atmospheric half-life greater
than two days, or monitoring data showing that the substance is
found in remote regions. FINLAND noted that the LRTAP POPs
criteria only considers air transport whereas the CEG is
mandated to consider other transport methods. CANADA agreed, but
also highlighted that information on monitoring, which may show
the presence of a substance that arrived by air or water or
migration, is also relevant.
Co-Chair Arndt asked where the information about a POP would
come from. The EUROPEAN COMMISSION (EC) noted that it held
substantial information on the production and use of chemicals
and that industries are required to submit information about
chemicals that are produced in a volume in excess of 1,000
tonnes. He said the EC has data on 2,500 high-volume production
chemicals and offered to make this information available to the
CEG. The US also noted that it holds substantial information
about chemicals and suggested that those countries with data
could cooperate to make the information available to the CEG.
FINLAND reminded delegates that there are still data gaps about
some chemicals. The EUROPEAN CHEMICAL INDUSTRY COUNCIL (CEFIC)
highlighted the ability of industry to assist in determining
values on criteria and helping with data gaps. Co-Chair Arndt
then asked a contact group, chaired by Dudley Achu Sama
(Cameroon) and Andrew Gilman (Canada), to discuss criteria
values and other issues related to criteria.
Tributyl Tin (TBT): On Thurday, 29 October, delegates in
Plenary returned to the discussion on TBT based on a paper
prepared by Iceland (UNEP/POPS/INC/CEG/1/CRP.16), which outlines
the effects, persistency, transport mechanisms and existing
regulations on this persistent pollutant. The document proposes
that the CEG ask the INC to request further information about
intended actions by the IMO before consideration is given to
whether TBT and similar compounds should be addressed by the
convention.
Co-Chair Jallow Ndoye noted that pollution from ships is the
responsibility of the IMO and that dispersion of TBT is by ships
and not by any of the environmental dispersion mechanisms (air,
water, migratory species) that are under consideration by the
CEG. JAPAN noted that its studies on organic tin compounds
indicated that TBT had a high bioconcentration factor. FINLAND,
supported by the US, supported the proposal to consult the IMO.
CHINA and INDIA noted they would like to undertake national
consultations regarding the use of TBT in their countries, given
their ship-building industries.
FRANCE asked if shipping or transport should be included as a
criteria for long-range transport. Co-Chair Arndt responded the
definition of criteria should not be discussed under this topic
because the decision required here is simply whether or not to
make an information request of the IMO. The CEG agreed to return
to this question at a later date after information had been
received from the IMO.
Report of the Contact Group on Criteria: On Thursday
afternoon, the Plenary discussed the results of the contact
group on criteria, as contained in
UNEP/POPS/INC/CEG/1/CRP.15/Rev.3. The Co-Chair of the contact
group, Dudley Achu Sama, reported that the previous draft of
this document had been a skeleton to which more specific
guidance had been added. The document proposes that four
criteria be used when nominating a substance.
First, persistence as evidenced by values of a
substances half-life: greater than either [two] or [six] months
in water; or greater than six months in soil; or greater than
six months in sediment.
Second, bioaccumulation evidenced by: a bioconcentration
(BCF) or bioaccumulation (BAF) factor in aquatic species greater
than 5,000; or, in the absence of that data, a log Kow value
greater than 4 or 5; or reasons for concern such as high
toxicity or ecotoxicity if the BCF or BAF is significantly lower
than 5,000; or monitoring data in biota indicating a
bioaccumulation potential.
Third, the potential for long-range transport as measured
by: levels of potential concern in locations distant from the
sources of the substance; or monitoring data that shows that
long-range transport may have occurred via air, water or
migratory species; or information (such as environmental fate
properties) that demonstrates the potential for long-range
transport.
Fourth, reasons for concern about a substance, such as
evidence of toxicity or ecotoxicity data that indicates a
potential for damage to human health and the environment.
The document also notes that additional information about a
substance should be provided to the extent possible. Then, at
the screening stage, the nomination information should be
reviewed in a flexible and integrative fashion to determine
whether the substance warrants further evaluation (evaluation
stage) by the Parties for inclusion in the convention.
FINLAND asked what methods would be used to measure half-life
values for persistence. Contact group Co-Chair Andrew Gilman
responded that there are some existing methods that may provide
guidelines, such as those used by the OECD, but noted this will
need clarification by the CEG. After minor editing, the Plenary
agreed to continue deliberation on these criteria at CEG-2.
Delegates then considered a second conference room paper
prepared by the criteria contact group on other issues related
to criteria, in particular the analysis of data availability and
the issue of new chemicals (UNEP/POPS/INC/CEG/1/CRP.21). The
analysis of data availability refers to the availability of test
data relevant to POPs criteria for the purpose of preparing
nominations or more detailed evaluations of substances. The
paper notes that several delegations, including the EC, the US,
Sweden, Norway, Finland, Germany, Denmark and Japan, expressed
interest in determining the availability of such test data on
substances, starting with high production volume chemicals and
pesticides, and providing this evaluation of data availability
to CEG-2.
A number of other delegations indicated their desire to
participate in this process, and INDIA, ICELAND, SOUTH AFRICA,
BRAZIL and the ICCA were added to the list. The US agreed to
lead the process and said that given time constraints, any data
contributions should be searchable by Chemicals Abstract Service
(CAS) number.
Delegates next discussed the issue of new chemicals. The
contact group paper notes that the CEG has identified the
potential development and introduction of new substances that
may exhibit POPs characteristics and that the INC may wish to
develop a provision to address this. As described, the provision
would seek to encourage countries to include, within their
national or regional chemicals regulatory and assessment schemes
for new substances, criteria and processes that would provide
protection against health and environmental risks arising from
long-range environmental transport of substances, or their
associated by-products, that exhibit the characteristics of
POPs. The Plenary agreed to these provisions and agreed to
continue the discussion regarding these other issues related to
criteria at CEG-2.
Co-Chair Arndt proposed that the CEG consider producing some
working definitions to assist the INC, in particular a
definition of a POP. AUSTRALIA suggested that clarification
could also be useful with respect to organic and the
NETHERLANDS proposed that regional impact also be more clearly
defined. However, delegates agreed it was premature to produce
definitions and deferred the matter for future consideration.
SOCIO-ECONOMIC CONSIDERATIONS: On Tuesday, 27 October,
delegates in Plenary began consideration of the socio-economic
factors related to criteria. Co-Chair Jallow Ndoye noted that
the IFCS had stressed the importance of socio-economic factors
when considering regulating new POPs. These factors include
costs of alternatives, climatic conditions and impact on trade.
COLOMBIA, supported by CUBA, stressed that developing countries
may have POP substances but not the means to reduce them. CUBA
and CHINA said there should be consideration of the different
levels of development in different parts of the world. Several
delegations, including KENYA, SOUTH AFRICA and CÔTE DIVOIRE,
highlighted the economic impact of disposing of obsolete
pesticides, with KENYA further emphasizing that any information
on chemicals that is held by manufacturers should be available
to users.
A number of delegations such as CAMEROON, EL SALVADOR, CHAD
and SOUTH AFRICA also highlighted the costs of alternatives to
certain chemicals that may be regulated, including that they
might not be as effective as the original substance in
protecting human health. CHAD said it would be helpful to engage
in local awareness-raising activities about the hazards of
certain chemicals.
AUSTRALIA asked for information regarding the types of risk
management options that are used in developing countries, and
the Secretariat responded that some of this information would be
available from the UNEP regional POPs awareness-raising
workshops that have been held. The INDIAN CHEMICAL MANUFACTURERS
ASSOCIATION noted that DDT is still in use for malaria control
in India and highlighted the establishment of the Multilateral
Fund of the Montreal Protocol that assisted developing countries
with ozone-friendly substances and technology. Supported by CÔTE
DIVOIRE, he proposed such a fund be established for POPs. KENYA
highlighted accountability and transparency, noting that many
substances banned in industrialized countries enter developing
countries through the subsidiaries of companies based in
industrialized countries. He said that companies in all
countries should be accountable for what they produce.
On Wednesday, 28 October, delegates in Plenary resumed
consideration of the socio-economic aspects of regulating POPs.
Many delegations, including THAILAND, the RUSSIAN FEDERATION,
CUBA, CHINA, IRAN, CAMEROON, INDIA, ZIMBABWE, INDONESIA and the
INDUSTRIAL TECHNOLOGY INSTITUTE (Sri Lanka), described their
experience with the use of POPs, in particular agricultural
pesticides and the use of chemicals such as DDT for malaria
control. Several developing country delegations also outlined
their legislative history with respect to POPs and identified
areas of concern, such as the cost of alternatives and the
import of hazardous chemicals, while others outlined their
efforts to reduce the risk from the list of 12 POPs initially to
be controlled. Co-Chair Jallow Ndoye then proposed that a
contact group, chaired by Henk Bouwman (South Africa), draw up a
list of indicative socio-economic factors for consideration in
establishment of criteria and procedure.
Report of the Contact Group on Socio-Economic Considerations:
On Thursday, 29 October, the CEG considered a draft report from
the contact group on socio-economic considerations
(UNEP/POPS/INC/CEG/1/CRP.20/Rev.1). The document provides that
evaluation should be undertaken regarding control measures
(which could encompass the full range of options, including
management and elimination) for proposed POPs substances and for
this purpose relevant information should be provided on socio-
economic considerations associated with control measures to
enable decision by the COP. The information should reflect due
regard for differing capabilities and conditions among Parties
and include consideration of: efficacy and efficiency of control
measures in meeting risk reduction goals, including their
technical feasibility and cost; alternative products and
processes, including their cost, efficacy, risk and
availability; positive or negative impacts (or both) of a number
of different aspects on society of implementing control
measures; and waste and disposal implications.
Regarding the five listed positive or negative impacts of
implementing control measures (health control, agriculture,
biota, trade and economy), FINLAND proposed substituting public
health for health control and food production for agriculture,
but AUSTRALIA cautioned that this could exclude relevant
factors. The Plenary agreed to reference health as inter alia,
public, environmental and occupational health and agriculture
as inter alia, aquaculture and forestry.
Delegates agreed that trade and economy, both bracketed by
the contact group, were legitimate factors for consideration,
but several delegations, including the NETHERLANDS, the US and
the EC, expressed concern over the contextual meaning and scope
of these terms. A subsequent proposal by the contact group to
subsume trade and economy within a reference to sustainable
development, as reflected in the Rio Declaration, was objected
to by several delegations, including SRI LANKA, CAMEROON and
INDIA, as being too broad. Delegates accepted the terms
economic aspects and movement to sustainable development.
On waste and disposal implications, CAMEROON, supported by
ICELAND, called for inclusion of a specific reference to
obsolete stocks of pesticides. The Plenary agreed. The agreed
text regarding information on socio-economic considerations is
contained in Annex III to the report of CEG-1
(UNEP/POPS/INC/CEG/1/L.3).
DEVELOPMENT OF A PROCEDURE FOR IDENTIFYING ADDITIONAL POPS AS
CANDIDATES FOR FUTURE INTERNATIONAL ACTION
On Tuesday, 27 October, delegates began discussion on the
establishment of a procedure for identifying additional POPs as
candidates for future international action. Bo Wahlström (UNEP
Chemicals) introduced the Secretariat discussion paper that
outlines two possible procedures for identifying additional POPs
as candidates for future international action (Annex of
UNEP/POPS/INC/CEG/1/2). Under option one, Parties nominate a
chemical for possible inclusion in the convention, which is then
reviewed by a subsidiary, and the COP determines whether to add
the chemical. Under option two, a permanent subsidiary body
reviews and nominates a chemical for possible inclusion and the
COP determines whether to add the chemical.
A number of delegations, including AUSTRALIA, the US,
SWITZERLAND, CUBA and the NETHERLANDS, preferred that
nominations for new POPs come from Parties. Other delegations,
such as FIJI, CÔTE DIVOIRE, CHAD and ANTIGUA AND BARBUDA
favored the second option of establishing a subsidiary body that
would nominate new POPs, as developing country Parties may not
have the capacity to identify new POPs. The RUSSIAN FEDERATION
and UKRAINE suggested that both Parties and a subsidiary body
could nominate new POPs.
INFORMATION REQUIREMENTS FOR A PROCEDURE: On Tuesday, 27
October, Co-Chair Arndt noted to delegates that they would need
to determine what information would be required in a nomination
stage, as well as in a screening or in-depth analysis stage of a
procedure for identifying additional POPs. FRANCE suggested that
a prioritization stage take place between the nomination and the
screening stage and that a certain number of substances should
be nominated before they are screened.
CANADA, supported by several delegations including AUSTRALIA,
ICELAND and CHILE, suggested that the information required when
nominating a chemical should not be too onerous, as no country
should be at a disadvantage in its ability to nominate a
substance. CANADA also outlined the procedure used in NAFTA for
nominating chemicals for regulation, which is that the
information be contained in 5-10 pages and include specific
information such as the chemical name and structure, information
on persistence, toxicity, transportability and bioaccumulation,
as well as the inclusion of a risk assessment document if one
exists. He also noted that the LRTAP POPs Protocol provides that
other information, such as quantities being used, amounts
detected in various areas and socio-economic considerations, may
be included as available. ICELAND suggested that the later
screening stage should look at and require more detailed
information.
The US noted there should be enough information in the
nomination to allow for an informed decision as to whether
further consideration of a substance was necessary. This
additional information could include the regulatory status of
the chemical, its PIC status, control options and information on
alternatives. He suggested the goal is to do as good a job as
possible in the nomination phase so that if further resources
are required, they will be allocated appropriately.
With respect to the information required in an in-depth
assessment of a nominated chemical, the ICCA noted that all of
the attributes of a substance must be considered in this stage
and that there must also be information that clearly indicates
that the substance is of global concern. The ICCA further
suggested that global exposure data could be used to confirm the
substance is of global concern. FINLAND, supported by CANADA,
cautioned that the in-depth assessment must not be too
complicated and that a global risk assessment would be a
difficult task. The NETHERLANDS said that evidence of a
substance in one remote area is enough to consider the substance
to be of global concern, while CANADA added that most of the
substances that will likely be considered for inclusion in the
convention would already have completed risk assessments. A
subsidiary body conducting an in-depth assessment would not
conduct a risk assessment but would review existing information
to ensure that international regulation is warranted. INDIA
noted that some existing assessments were quite old and could
need revision. He suggested that existing assessments may not
represent a balanced view of all the regions of the world.
GREENPEACE INTERNATIONAL requested that NGOs as well as
governments make submissions to the assessment process. Co-Chair
Arndt established a contact group, chaired by Ian Coleman
(Australia), to discuss the information requirements of the
nomination stage, the screening stage and the in-depth
assessment stage of a possible procedure.
Report of the Contact Group on Information Requirements: On
Wednesday, 28 October, delegates considered the contact group's
report on information requirements for the nomination, screening
and evaluation stages of a possible procedure
(UNEP/POPS/INC/CEG/1/CRP.15/Rev.2). For the nomination and
screening stage, the contact group suggested that a nomination
provide sufficient information to enable a determination of
whether the substance warrants consideration by the Parties for
inclusion in the convention. The information need not be
exhaustive and must include: substance identity, persistence,
bioaccumulation, potential for long-range transport and reasons
for concern (such as toxicity). Additional information should
also be provided to the extent possible and, if it is decided
that Parties shall nominate substances, then they may draw on
technical expertise from any source. The purpose of the
evaluation stage is to determine whether the substance is likely
to lead to significant adverse human health and/or environmental
effects as a result of its long-range environmental transport
such that global action is warranted. For this purpose a risk
profile and relevant socio-economic information should be
developed that further elaborates on and evaluates the
information provided in a proposal at the nomination stage and
also includes, inter alia: sources; hazard assessment for
endpoint(s) of concern; environmental fate; monitoring data;
information regarding exposure; any national or regional control
actions taken; national, regional and international risk
evaluations, assessments or profiles; and PIC status. The report
states that information considered to be relevant at subsequent
stages was available information on control actions taken,
alternatives, and any other risk management information.
Co-Chair Arndt stressed that the report of the contact group
was a draft document that may be refined at the next CEG
meeting. On substance identity information to be provided at the
nomination/screening stage, the RUSSIAN FEDERATION stressed that
the included items should encompass synonyms and JAPAN stressed
the importance of isomers. The substance identity provision was
therefore revised to include name (trade names(s), commercial
name(s) and synonyms, CAS number, IUPAC name, as appropriate)
and structure, including specification of isomers, where
applicable (or the structure of the chemical class). Regarding
information on reasons for concern to be provided at the
nomination/screening stage, JAPAN called for reference to
ecotoxicity as well as toxicity and the provision was redrafted
to include a statement(s) relating to toxicity and ecotoxicity
and, where available, levels detected, environmental damage and
substance transformation in the environment. For the
nomination/screening stage information requirements, the RUSSIAN
FEDERATION called for specific reference to aerosol density and
dispersion. Contact group participants thought this could be
captured under the general items of potential for long-range
transport and reasons for concern. Co-Chair Arndt said the issue
could be reviewed at a later time. The RUSSIAN FEDERATION also
stressed consideration of chronic toxicity. Co-Chair Arndt said
the report of the meeting would record that toxicity and
ecotoxicity encompass reference to chronic and acute toxicity.
On the list of items for inclusion in the risk profile at the
evaluation stage, several delegations sought clarification on
the meaning of environmental fate and, after clarification
from the US, this reference was revised as information on how
the chemical and physical properties of the substance are linked
to its transport and transfer within and between environmental
compartments and its transformation to other substances.
Exposure information was also clarified in the report as being
information regarding exposure, both in local areas and
particularly as a result of long-range transport, and including
information regarding bioavailability. After incorporating the
above comments, document UNEP/POPS/INC/CEG/1/CRP.15/Rev.2 was
used as the basis and framework for the work of the contact
group on criteria which was then presented to the Plenary on
Thursday, 29 October (UNEP/POPS/INC/CEG/1/CRP.15/Rev. 3).
NOMINATION OF A SUBSTANCE: On Thursday, 29 October, delegates
considered the different options regarding the nomination of a
substance to be included in the procedure for adding POPs to a
future international legally binding instrument. Co-Chair Jallow
Ndoye suggested the CEG discuss the advantages and disadvantages
of both Party-based nomination and subsidiary body or standing
committee-based nomination, and she stressed that the position
of those Parties who might not be able to undertake nominations
should be considered.
AUSTRALIA, supported by the US, reiterated that Parties
should be responsible for the nomination of substances. FIJI
noted that a decision on which nomination procedure to use is
difficult until it is known what detailed information is
required for the nomination and screening stages. CHINA
generally supported a Party-based nomination and suggested that
the Secretariat would screen a nomination. FINLAND noted that a
standing committee would be able to help countries identify
potential POPs candidates, while AUSTRALIA suggested that other
countries could assist developing countries with identifying
substances of concern. ICELAND proposed that an ad hoc group be
established to assist a Party to compile the required
information in order to submit a nomination.
The US envisioned a standing committee that is an
intergovernmental body of experts that would review nominations
and determine whether a more thorough evaluation should take
place. He added that once a chemical is in the evaluation stage,
risk evaluation and risk management options should be
considered. The NETHERLANDS stressed that any country with a
severe concern about a substance should be able to nominate it
for inclusion in the convention, but that the convention itself
will likely include language about providing assistance to
countries in undertaking a nomination.
ZIMBABWE reiterated the main concern of developing countries
that they do not have the resources to compile the minimum
required information for nomination of a substance and proposed
Party-based nomination if assistance was available for gathering
the required information. JAPAN highlighted that they had many
scientific reports about chemicals that might assist countries
in compiling a nomination. Co-Chair Jallow Ndoye then asked a
contact group, chaired by Trigg Talley (US), to consider
elements that could be included in a procedure and report back
to Plenary with recommendations.
Report of the Contact Group on Procedure: On Friday, 30
October, delegates in Plenary considered the report of the
contact group on procedure (UNEP/POPS/INC/CEG/1/CRP.23). Ian
Coleman (Australia) presented the report of the contact group
and noted that guidelines had been developed in order to assist
future discussions on this issue. The suggested principles to be
followed in the development of a procedure were: scientific and
technical robustness; openness and transparency; accountability;
balance (including equitable geographic representation and the
possibility for participation of NGOs and IGOs); and
administrative efficiency. Elements of a draft procedure for
adding a substance were listed beginning with the idea that
Parties are responsible for nomination. Parties not able to
undertake a complete nomination are to be assisted by other
Parties, the Secretariat, as well as IGOs and NGOs. Other
elements of a possible procedure, such as screening of the
nomination by a technical group or the Secretariat, risk
evaluation of the chemical by a technical group and final
decision by the COP, were also outlined.
FIJI, supported by ANTIGUA AND BARBUDA, CÔTE DIVOIRE, CHAD
and ZIMBABWE, agreed with the proposal on Party nomination but
noted that the provision for assistance to be provided in
preparing a nomination would need to be made explicit. Co-Chair
Jallow Ndoye proposed the Secretariat draft explicit language
about the provision for assistance to Parties in preparing a
nomination. Co-Chair Arndt asked if this assistance would apply
simply to accessing existing information and what would happen
if new information was required. The US highlighted the ongoing
OECD efforts regarding the generation of basic screening data
such as basic toxicity, bioaccumulation, physical-chemical
properties and health effects. He suggested the generation of
this information will assist the convention in the provision of
a wide range of basic data.
FINLAND stressed that the principle of administrative
efficiency was very important and that the procedure envisioned
here might be somewhat complicated, which would mean the
procedure could be overly time consuming. She also expressed
concern about the requirement for a full risk evaluation.
AUSTRALIA responded that the word full was simply to reflect
the fact that any risk evaluation undertaken as part of the
procedure should be comprehensive or focused, not that it was to
be overly complex. Supported by ANTIGUA AND BARBUDA and
ZIMBABWE, he proposed the language of the text be redrafted by
the Secretariat for the next meeting. GREENPEACE INTERNATIONAL
noted that the draft procedure outlined in this document was
illustrative rather than conclusive and the final language would
likely be more streamlined and efficient. Delegates agreed that
discussion about this item would continue at their next meeting.
CLOSING PLENARY
On Friday, 30 October, Co-Chair Jallow Ndoye convened the
final Plenary of CEG-1 and introduced the draft work plan for
the CEG (UNEP/POPS/INC/CEG/1/CRP.22). The draft work plan
outlines the tasks required of the CEG regarding establishment
of criteria and a procedure, and notes that the CEG will meet
between sessions of the INC. The tentative schedule is for CEG-2
to be held in April or May 1999 and for the final meeting, CEG-
3, to be held in November or December 1999. The US, supported by
AUSTRALIA, asked if it would be useful to schedule CEG-3
immediately preceding INC-4 rather than somewhat in advance so
that CEG experts could also attend the INC that would consider
the completed work of the CEG. Co-Chair Arndt noted that at INC-
1 it was agreed there needs to be enough time for the results of
CEG meetings to be prepared and distributed to INC participants
and to those who were not present at the CEG meetings. The
Secretariat noted that translation and distribution of documents
could be done if the meetings were held back to back. THE GAMBIA
noted that some countries might not be able to send experts to a
two-week meeting. ICELAND noted that CEG-3 would be fine
tuning but that the decision with respect to meeting times
would be for the INC. It was agreed that the discussion on the
draft work plan would be reflected in the final report of the
meeting.
Co-Chair Arndt then invited comments on the draft report of
the meeting (UNEP/POPS/INC/CEG/1/L.1 and
UNEP/POPS/INC/CEG/1/L.1/Add.1) and highlighted that the brevity
of the document was because much of the detail on the outcomes
of work would be in the Annexes to the report. The RUSSIAN
FEDERATION stressed the need for information centers and focal
points on POPs and suggested the Secretariat assist in this
regard. The Secretariat referred to the UNEP POPs World Wide Web
site and said it would be pleased to distribute the information
it has.
On a reference to the discussion about whether contamination
due to river transport should be considered and whether a
substance that could be transported by a river to the ocean and
then into currents should be considered global, the NETHERLANDS,
supported by SOUTH AFRICA and DENMARK, proposed adding text
stating that if the same problem were to occur in more than one
region, then it might be considered as global. AUSTRALIA
stressed that this view was not unanimous and did not support
the proposal. The US proposed inserting a statement into the
meeting report noting that countries disagreed on this point and
this was accepted by the Plenary.
Co-Chair Arndt then thanked the Secretariat, the Bureau and
the delegates for their hard work and especially the Government
of the Kingdom of Thailand for acting as generous hosts. On
behalf of the Government of Thailand, Rapporteur Jarapong Boon
Long adjourned the meeting at 12:30 pm.
A BRIEF ANALYSIS OF CEG-1
Having expected a relatively small meeting of around 40-60
experts, the Thai hosts of CEG-1 were not the only ones
surprised when over 100 delegates arrived in Bangkok, forcing
quick adjustments to the host governments reception on the
first evening. Indeed, the high level of interest in the work of
the CEG was clear evidence of the importance attached to its
mandate of developing science-based criteria and a procedure for
identifying additional POPs candidates for the future
international convention. The unexpected size of the group may
have been a factor in the slow start of the proceedings, but by
the end of five days the CEG had made substantial headway on
both the question of criteria and the establishment of a
procedure.
THE CRITERIA FOR A SUCCESSFUL MEETING: Despite the
unexpectedly large size of the CEG, many delegates were
impressed with what had been achieved after only one meeting. In
particular, the convening of contact groups on the key issues
seemed to accelerate the work of what was seen by some as a
surprisingly diverse group of delegates for a body that was
labelled as an expert group. In addition to the scientists who
were expected to attend were a considerable number of delegates
with policy backgrounds. Nevertheless, after only one meeting
there was an impressive list of accomplishments and one observer
noted that if this momentum was carried into CEG-2, the work of
the Group may be finished well before the assigned deadline of
INC-4.
First, delegates agreed to the method of initiating a
possible procedure, that Parties would nominate substances for
consideration, and a thorough presentation of options for the
evolution of the rest of the process was also outlined.
Importantly, developing countries that were concerned they might
not have the capability to forward a nomination for a chemical
about which they had concerns were accepting of the proposal
that they could be provided assistance from other Parties, the
Secretariat, IGOs and NGOs.
Second, regarding many of the important criteria, such as
persistence, bioaccumulation and long-range transport, there was
wide agreement about basic values to be used. As one delegate
said, the values would be generally acceptable to all but those
with the most extreme views. However, as is often the case,
preliminary agreement on broad principles may encounter greater
differences of opinion once there are concrete and specific
proposals on the table.
Third, an item of particular concern to developing countries
the consideration of socio-economic factors was discussed at
length in Bangkok. An often-highlighted concern was the cost and
efficacy of alternatives to POPs like DDT for the protection of
populations against malaria. Once again, while more detail on
how to address these types of concerns will be necessary at
future meetings, there was little of the great divide that
often exists between North and South in international
environmental meetings. This continued spirit of cooperation
will be necessary as the CEG starts to narrow down its initial
parameters for criteria and a procedure.
PROCEDURAL HICCUPS: Notwithstanding CEG-1's favorable start,
there were several "hiccups" during the week that were not the
result of spicy green curry. The previously mentioned diversity
of the CEG members, as well as a mandate that is more complex
than it appears on the surface, resulted in sometimes long
silences in the meeting after one of the Co-Chairs initiated
discussion on a particular topic.
Indeed, the diversity of the Group was mentioned by at least
some delegates as reason for concern in that there were
surprisingly few scientists in attendance and delegates with
policy backgrounds are unlikely to be able to contribute to the
debates on criteria. This situation highlights an element of
complexity in the mandate of the CEG in that while the
establishment of criteria may be mostly scientific, the
establishment of a procedure (that is, who will decide what at
the different stages of the process), as well as the overall
substance of the POPs negotiations, have important policy and
political implications. The interdependence of criteria and
procedure, and the challenges this presents to the CEG in
achieving its mandate, became more evident as the week went on
and a number of delegates expressed satisfaction over the
interdisciplinary synergy evident during the week.
A second concern highlighted by some delegates was the lack
of data on some of the criteria and the question of how the CEG
will deal with this in the future. Moreover, determining exact
values for some criteria may not always be possible. With
respect to existing data, several delegates expressed concern
that if data about a particular substance was obtained though
tests in one climatic region, then the resulting data might not
be applicable in other climatic regions where chemicals may
react differently. Specifically, one delegate noted that much of
the data on persistence was from the more northern and southern
parts of the world, whereas there was little data from
equatorial regions.
Many developing countries also highlighted that they were
more concerned about identifying problems related to the initial
12 POPs, and obtaining assistance in managing them, than with
adding new POPs to a convention. As one delegate stressed, it is
the developing countries that often experience the real impacts
of POPs.
BANGKOK, NAIROBI AND BEYOND: The next meeting of the INC,
which will be held at UNEP Headquarters in Nairobi, will
consider the report of the results of CEG-1. If the INC is as
confident in the efficiency and capability of the CEG as many of
its members, the INC may well assign to it additional tasks such
as establishing a definition of a POP or the determination of
how to differentiate regional POPs from global POPs. The
intersessional work to be done by the CEG Bureau and the
Secretariat on fine tuning the language regarding the criteria
set out in Bangkok and on creating a clear and not too complex
procedure to be followed once a substance has been nominated for
consideration as a POP, will also be crucial to maintaining the
momentum established at CEG-1.
For the moment, however, the focus of the POPs negotiations
will swing back to the work of the INC on drafting the broader
elements of a convention. At INC-2, CEG members will discover
how their initial efforts are received and whether they are
mandated with any new tasks for CEG-2. Ultimately, the work of
the CEG in developing criteria and a procedure for additional
POPs is crucial to determining the scope of the convention and
its effectiveness in regulating harmful chemicals beyond the
dirty dozen.
THINGS TO LOOK FOR
PERSISTENT ORGANIC POLLUTANTS: The second session of the
Persistent Organic Pollutants (POPs) Intergovernmental
Negotiating Committee (INC-2) will take place from 2529 January
1999 in Nairobi. The second meeting of the CEG is tentatively
scheduled for April or May 1999, at a location to be determined.
For more information contact: UNEP Chemicals (IRPTC); tel: +41
(22) 979-9190; fax: +41 (22) 797-3460; e-mail: dogden@unep.ch;
bow@unep.ch; Internet: http://irptc.unep.ch/pops/.
EIGHTH MEETING OF THE PESTICIDE FORUM: This meeting will be
held in Paris from 2-3 November 1998 jointly with the 28th Joint
Meeting of the Chemicals Group and Management Committee. For
information contact: Nicky Grandy, OECD; tel: +33 (1) 45 24 16
76; fax: +33 (1) 45 24 16 76; e-mail: nicola.grandy@oecd.org.
UNEP HIGH LEVEL COMMITTEE OF MINISTERS AND OFFICIALS: This
meeting will be held in Buenos Aires, Argentina on 10 November
1998. For more information contact: UNEP; tel.: +254 (2) 62-
3411; fax: +254 (2) 62-3748; e-mail: millerb@unep.org
INTERGOVERNMENTAL FORUM ON CHEMICAL SAFETY: The Third Meeting
of the Intersessional Group (ISG-3) will be held from 1-4
December 1998 in Yokohama, Japan. Brazil will host FORUM III in
the latter part of 2000. For information on these meetings,
contact: IFCS Secretariat, World Health Organization, CH-1211
Geneva 27, Switzerland; tel: +41 (22) 791-3588; fax: +41 (22)
791-4848; e-mail: ifcs@who.ch. All ISG-3 meeting documents are
available on the Internet: http://www.ifcs.ch.
SEVENTH MEETING OF THE EXPERT GROUP ON CHEMICAL ACCIDENTS:
This meeting will be held from 2-4 December 1998 in Paris. For
information contact: Peter Kearns, OECD; tel: +33 (1) 45 24 16
77; fax: +33 (1) 45 24 16 75; e-mail: peter.kearns@oecd.org.
UNEP GOVERNING COUNCIL: The UNEP Governing Council will meet
from 1-5 February 1999 in Nairobi. For more in-formation
contact: B. Miller, UNEP; tel: +254 (2) 62-3411; fax: +254 (2)
62-3748; e-mail: millerb@unep.org.
PIC INC MEETING: The next PIC INC meeting will be held in
early 1999 to begin work during the interim period between the
signing of the PIC Convention and its entry into force. For
information contact: UNEP Chemicals (IRPTC), tel: +41 (22) 979-
9111; fax: +41 (22) 797- 3460; e-mail: jwillis@unep.ch;
internet: http://irptc.unep.ch/pic/. Or contact: FAO, tel: +39
(6) 5705 3441; fax: +39 (6) 5705 6347; e-mail:
Niek.Vandergraaff@fao.org; internet:
http://www.fao.org/ag/agp/agpp/pesticid/pic/pichome.htm.
13th Session of the FAO Group on Registration Requirements of
the Panel of Experts on Pesticide Specifications, Registration
Requirements, Application Standards and Prior Informed Consent:
This meeting will be held from 7-11 June 1999 in Rome and will
produce recommendations on procedures for the preparation and
revision of guidelines and increased transparency and
recommendations for the revision of the International Code of
Conduct on the Distribution and Use of Pesticides. The 14th
Session of the Panel of Experts on Pesticide Specifications,
Registration Requirements, Application Standards and Prior
Informed Consent will be held from 14-17 June 1999. For
information contact: Gerold Wyrwal, FAO; tel: +39 (6) 5705 2753;
fax: +39 (6) 5705 6347; e-mail: Gerold.Wyrwal@fao.org.
WMO/EMEP WORKSHOP ON MODELLING OF ATMOSPHERIC TRANSPORT AND
DEPOSITION OF POPS AND MERCURY: This workshop will take place in
November 1999 at the WMO Headquarters in Geneva. For information
contact: Mrs. Marina Varygina, Meteorological Synthesizing
Centre East, Kedrova Street 8, 117292 Moscow, Russian
Federation; tel: +7 (95) 124 4758; fax: +7 (95) 310 7093; e-
mail: msce@glasnet.ru.
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