Published by the International Institute for Sustainable Development
(IISD)
Vol. 15 No. 20
Monday, 19 July 1999
REPORT OF THE SIXTH SESSION OF THE INC FOR AN
INTERNATIONAL LEGALLY BINDING INSTRUMENT FOR THE APPLICATION OF THE
PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND
PESTICIDES IN INTERNATIONAL TRADE:
12-16 JULY 1999
The sixth session of the Intergovernmental
Negotiating Committee (INC-6) for an international legally binding
instrument for the application of the prior informed consent (PIC)
procedure for certain hazardous chemicals and pesticides in
international trade was held from 12-16 July 1999 in Rome. The first
meeting since the adoption of the Rotterdam Convention, INC-6 gathered
approximately 300 delegates from 121 countries to address arrangements
for the interim period prior to entry into force of the Convention and
implementation of the interim PIC procedure. INC-6 resulted in the
adoption of outline draft decisions on the definition and provisional
adoption of PIC regions, the establishment of an interim Chemical
Review Committee (ICRC) and the adoption of draft decision guidance
documents (DGDs) for already identified chemicals. Delegates also
considered the activities of the Secretariat during the interim period
and their budgetary implications, preparations for the Conference of
the Parties (COP), the status of signature and ratification of the
Convention, the location of the Secretariat and issues arising out of
the Conference of Plenipotentiaries, including support for
implementation, dispute settlement, illicit trafficking, and
responsibility and liability.
The resolution on interim procedures, adopted
along with the Convention at the Conference of the Plenipotentiaries,
allowed the INC to continue work on the modalities of operating the
COP and has positioned the Convention for a “fast start.” The
success of INC-6 should provide a strong foundation for bringing the
voluntary PIC procedure in line with the procedure as set out in the
Convention and for encouraging ratification of the Convention.
A BRIEF HISTORY OF THE PIC PROCEDURE
Growth in internationally traded chemicals during
the 1960s and 1970s led to increasing concern over pesticides and
industrial chemical use, particularly in developing countries that
lacked the expertise or infrastructure to ensure their safe use. This
prompted 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). 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
the voluntary PIC procedure to help countries make informed decisions
on the import of chemicals that have been banned or severely
restricted. Managed jointly by the FAO and UNEP, the voluntary PIC
procedure provided a means for formally obtaining and disseminating
the decisions of importing countries on whether they wish to receive
future shipments of such chemicals. The procedure aimed 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. The
voluntary PIC procedure was designed to:
-
help participating countries learn more about the
characteristics of potentially hazardous chemicals that may be
imported;
-
initiate a decision-making process on the future import of
these chemicals; and
-
facilitate the dissemination of these decisions to other
countries.
At the United Nations Conference on Environment
and Development (UNCED) held in Rio de Janeiro in 1992, delegates
recognized that while the use of chemicals is essential to meet social
and economic goals, a great deal remains to be done to ensure their
sound management. UNCED adopted Agenda 21, which contains, in Chapter
19, an international strategy for action on chemical safety and calls
on States to achieve, by the year 2000, the 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 International 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 FAO/UNEP
Programme on PIC in cooperation with other international and
non-governmental organizations. In May 1995, the 18th session of the
UNEP Governing Council adopted decision 18/12, authorizing the
Executive Director to convene, with the FAO, an intergovernmental
negotiating committee (INC) mandated to prepare an international
legally binding instrument for the application of the PIC procedure. A
diplomatic conference for the purpose of adopting and signing such an
instrument was initially scheduled for 1997.
INC-1: The first session of the INC was held from
11-15 March 1996 in Brussels. More than 194 delegates from 80
governments, the European Commission (EC), a number of specialized
agencies, IGOs and NGOs participated. 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 clarify the groups of chemicals to 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 text of the
Convention. Delegates agreed that many facets of the instrument
required further detailed consideration and noted the need for at
least one additional negotiating session before the Convention could
be completed.
INC-3: The third session of the INC convened from
26-30 May 1997 in Geneva. Delegates from 102 countries considered the
revised text of draft articles for the instrument and proposals from
several delegations. Considerable debate centered on the scope of the
proposed Convention.
INC-4: Delegates from over 100 countries attended
the fourth session of the INC (INC-4) from 20-24 October 1997 in Rome.
INC-4 considered the revised text of draft articles for the
instrument, as well as proposals by the US and EC.
INC-5: The fifth session of the INC (INC-5) was
held from 9-14 March 1998 in Brussels. Delegates from over 95
countries made progress on a consolidated draft text of articles.
INC-5 reached agreement on the draft text of the PIC Convention and
the draft resolution on interim arrangements.
THE DIPLOMATIC CONFERENCE OF THE
PLENIPOTENTIARIES: The Conference of the Plenipotentiaries on the
Convention on the PIC procedure was held from 10-11 September 1998 in
Rotterdam. Ministers and senior officials from nearly 100 countries
adopted the Rotterdam Convention, the Final Act of the Conference and
the resolution on interim arrangements. Sixty-one countries signed the
Convention and 78 countries signed the Final Act. The PIC Convention
will initially cover 22 pesticides and five industrial chemicals, but
it is expected that many more chemicals will be added as the
provisions of the Convention are implemented.
The resolution on interim arrangements provides
for continued implementation of the voluntary PIC procedure during the
interim period, in line with the new procedures contained in the
Convention. The resolution invites UNEP and the FAO to convene further
INCs during the interim period to oversee the operation of the interim
PIC procedure. Chemicals for which DGDs were circulated during the
original procedure are subject to the interim procedure. Those
chemicals identified for inclusion, but for which DGDs had not been
circulated, are subject to the interim procedure, once adopted by the
INC. The resolution invites the INC to: establish an interim
subsidiary body to carry out the functions that will be permanently
entrusted to the 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.
INC-6 REPORT
Chair Maria Celina de Azevedo Rodrigues (Brazil)
opened INC-6 and invited David Harcharik, Deputy Director-General of
FAO, to deliver a welcoming statement. Harcharik voiced great pleasure
in welcoming delegates to the first INC since the adoption of the
Rotterdam Convention. He noted that the voluntary PIC procedure would
be brought in line with the Convention and that it will continue on a
voluntary basis until the Convention enters into force. He drew
attention to undernourishment and population growth in developing
countries and underscored the need to improve production of and access
to food. He called for the responsible use of pesticides and for
promotion of non-chemical alternatives such as integrated pest
management. He also noted the need to improve the infrastructure for
controlling toxics and awareness building in developing countries and
emphasized developing countries’ need for assistance in implementing
the Convention. He urged ratification of the Convention and wished
delegates a successful meeting.
Jim Willis, Director of UNEP Chemicals, welcomed
delegates to INC-6 on behalf of UNEP Executive Director Klaus Töpfer.
Willis remarked that the Rotterdam Convention would improve upon the
voluntary PIC procedure and offer greater protection of human health
and the environment. He said the resolution on interim arrangements
provides for a “fast start” to the Convention and a test period
for determining how it will operate once in force. He stressed that
while this is a meeting of the INC, the aim is to identify how the
Convention will operate and not to negotiate. He hoped that decisions
taken during the interim period would be adopted by the first COP. He
asked delegates to build upon the success achieved at Rotterdam and to
maintain the spirit of cooperation that marked the negotiations.
Chair Rodrigues introduced and the Plenary
adopted the provisional agenda (UNEP/FAO/PIC/INC.6/1/Rev.1). Rodrigues,
noting uncertainty over availability of resources necessary to convene
INC-7, emphasized the need to work in a fast and constructive manner
to approve the programme of work and mechanism for funding. She
underlined that the successful operation of the Convention during the
interim period depends on the approval of the Secretariat’s
programme of work and the provision of necessary funding. She trusted
that delegates would bear this in mind throughout the week and arrive
at a solution for funding the interim PIC procedure.
Delegates convened in nine Plenary sessions
during the week. A contact group on the interim Chemical Review
Committee (ICRC), chaired by Reiner Arndt (Germany), was established
and held four sessions on Tuesday and Wednesday, 13-14 July.
INTERIM ACTIVITIES OF THE SECRETARIAT AND FUNDING
On Monday, 12 July, Jim Willis introduced
activities of the Secretariat in the interim period and review of the
situation as regards the trust fund (UNEP/FAO/PIC/INC.6/3). He noted
that the INC might wish to make recommendations on the activities of
the Secretariat and the proposed allocation of funds and decide on the
mobilization of extrabudgetary funds during the interim period. He
highlighted the Secretariat’s work in support of the operation of
the interim PIC procedure, including procedures and recent letters
sent to States. He noted the Secretariat envisages one session each of
the INC and the ICRC each year during the interim period, with
locations alternating between Rome and Geneva, and highlighted
preliminary cost estimates for five-day sessions of the INC and ICRC.
He pointed out the option of using the voluntary PIC procedure expert
group as a model for costing the ICRC. On facilitation of
implementation and ratification, he highlighted an FAO regional
workshop held in Bangkok from 8-11 December 1998 to help Designated
National Authorities (DNAs) understand their roles and
responsibilities in order to facilitate implementation of the
Convention. He also noted preliminary cost estimates for facilitating
implementation and ratification, including seven more such regional
workshops. He further identified cost estimates for office automation
and upgrading databases, core Secretariat costs and a summary of
financial requirements for 1999.
With regard to the trust fund, he highlighted
total contributions as of April 1999 just over US$3 million, further
pledges, status of expenditures and obligations in support of the INC
and the Secretariat, and estimated costs and allocated amounts for
1999 and 2000. He underscored the need for a predictable process with
predictable funding and stressed the importance of having regular INCs
and ICRCs in order to facilitate implementation of the Convention.
Chair Rodrigues opened the floor for general
questions and comments. CHINA questioned why the conference-servicing
cost estimate for an ICRC meeting was based on interpretation for
three languages. Rodrigues explained that the estimate was based on
the tradition of the voluntary PIC procedure expert group and remarked
that conducting meetings in six languages would be more than twice as
costly. The RUSSIAN FEDERATION supported the possibility of reducing
the number of languages for interpretation as long as final documents
would be translated into the six UN languages. SUDAN said the UN
principle of equal treatment must be observed or only English should
be used. On the cost estimate for an INC, Willis clarified that the
travel support estimate for 50 countries may increase and that funds
may be freed up to support further participation from developing
countries. PAKISTAN called for further funding for training in
developing countries. The UKRAINE indicated willingness to host an
Eastern European workshop.
Willis noted the lack of resources for additional
workshops this year. Rodrigues said that, due to budget limitations,
establishment of interim mechanisms should take priority over
workshops on ratification.
The EU said priority should be placed on
developing a relationship with the World Customs Organization (WCO)
and updating existing DGDs, and called for combined workshops with
other processes and organizations in order to maximize resources. The
RUSSIAN FEDERATION indicated cost saving possibilities through
promoting access to information held by countries of the former Soviet
Union. Supporting cost saving ideas, Willis emphasized that DNAs
should be the first audience to be engaged. The PHILIPPINES called for
more financial pledges from countries able to contribute. The US
underscored the importance of capacity-building, making financial
contributions and establishing institutions during the interim period
in order to build confidence in an effective, binding and credible
Convention. The EU highlighted the need to distinguish between the
budget for core implementation and for facilitation of the Convention.
BARBADOS underscored the need to identify funding to carry the process
forward and asked if any other sources could be readily identified.
Rodrigues cautioned that if the INC did not
identify sources of funding other than UNEP and FAO for the interim
period, UNEP and FAO would need more contributions, otherwise funding
would be diverted from other programmes. Alternatively, she said
delegates could decide upon and commit to another mechanism to provide
funding. She underscored that there would not be a working Convention
without a regular financing mechanism. Willis said the Convention will
need to be self-sustaining and hoped the interim period would allow
for experimentation with models that could be used once the Convention
enters into force. COLOMBIA noted the need for funding commitments
from delegations. She emphasized that the budget is not inflated and
that focus of discussion should be on whether governments are going to
make commitments. CAMEROON supported COLOMBIA and suggested that the
Secretariat study options for funding mechanisms to be considered at
INC-7. The UK, JAPAN and FRANCE announced funding contributions.
On Thursday, 15 July, Willis noted that a number
of the INC’s decisions, including those on interpretation for and
attendance at the ICRC, would change the initial cost estimates in the
Secretariat document. He proposed annexing a revision of the costs to
the meeting’s report. Stressing the urgent need for financial
resources, he proposed postponing INC-7, initially scheduled for
April/May 2000, to October/November 2000 to ease the cash flow crisis
and to alleviate the time pressure on the ICRC. He also called for a
broader base of funding as opposed to the past practice of relying on
a limited number of funders. The final report notes the INC agreed
that establishing an ICRC was a first priority and that the second
priority was holding implementation and ratification workshops,
subject to available resources.
IMPLEMENTATION OF THE INTERIM PIC PROCEDURE
Delegates considered four topics with regard to
implementation of the interim PIC procedure: the establishment of PIC
regions; establishment of the ICRC; the adoption of DGDs for already
identified chemicals; and inclusion of chemicals in the interim PIC
procedure.
Establishment of PIC Regions: On Monday, 12 July,
Niek Van der Graaff (FAO) introduced the document on the definition
and provisional adoption of PIC regions (UNEP/FAO/PIC/INC.6/5). The
document notes that COP-1 will decide on PIC regions and recalls that
the resolution on interim arrangements invited the INC to develop the
decision on PIC regions based on the FAO regions and to adopt it on an
interim basis. The document lists the FAO member States by region as
well as non-FAO States. The EC, supported by CANADA and VENEZUELA,
proposed adding the non-FAO States to the FAO regions following
natural geographical groupings. NEW ZEALAND noted that the State of
Niue was omitted from the list and requested its inclusion. On
Thursday, 15 July, delegates reviewed and adopted an outline for a
draft decision on PIC regions (UNEP/FAO/PIC/INC.6/L.2). The outline of
the draft decision groups countries into regions based on the FAO
regions with non-FAO States and regional economic integration
organizations allocated to appropriate regions based on their natural
geographical affinities.
Establishment of the Interim Chemicals Review
Committee: On Monday, 12 July, Jim Willis introduced the document on
establishment of an ICRC (UNEP/FAO/PIC/INC.6/4). The document contains
an annotated outline for a decision that the INC might take. He
recalled that the Conference of Plenipotentiaries agreed the ICRC
should be comprised of government-nominated experts, limited in number
and geographically balanced. He noted issues to be resolved, including
the number of members, geographic distribution, the date of the
initial meeting, the frequency of meetings and the number of
languages. Willis noted that cost estimates provided were based on
meetings held in three languages and noted that final document from
the ICRC would be translated into all six UN languages. AUSTRALIA
proposed a model for the ICRC suggesting that, inter alia: membership
be restricted to participating government nominees; size be
restricted; the FAO regions provide the basis for equitable geographic
distribution; representation of these regions be on a numerical basis;
members be able to send additional experts to meetings at their own
expense and with only one expert at the table; ICRC membership terms
within regional groups be three to five years with staggered
membership rotation; observers be allowed to encourage transparency;
and meetings be held once a year.
Many delegations, including the EC, CAMEROON,
EGYPT, TANZANIA, CHILE, CANADA and URUGUAY, supported the Australian
proposal. MOROCCO, noting that there are 48 African countries,
emphasized that equitable geographical distribution should apply. He
supported no more than 25 members and said two meetings a year would
be appropriate. With ARGENTINA and CHILE, he supported holding
meetings in English, French and Spanish with translation of all
documentation into the official UN languages. MALAYSIA, UKRAINE,
COLOMBIA, THAILAND, MAURITIUS and the PHILIPPINES supported use of
only English with documentation in all languages. The RUSSIAN
FEDERATION and CANADA supported membership of 25 representatives. The
RUSSIAN FEDERATION said it was premature to determine which languages
are most appropriate.
On equitable geographic distribution, the EC said
the FAO regions are neither ideal nor representative. COLOMBIA opposed
the use of the FAO/PIC regions. EGYPT supported the use of English
only and hoped that savings would be distributed to countries in need.
The GAMBIA said experts should have scientific and political
backgrounds. JAPAN said governments should appoint specific experts
according to the issues addressed. JAPAN and COLOMBIA said meetings
should be convened as necessary. MALAYSIA and CANADA supported the
idea of additional experts. BRAZIL said use of more than one expert
could affect equitable distribution. The PHILIPPINES supported use of
the FAO regions and 21 experts. BRAZIL, supported by the US, suggested
equitable representation based on the chemicals’ producers and
users. The REPUBLIC OF KOREA supported 30–36 experts. CHILE and
NIGERIA supported ten. THAILAND suggested the possibility of an NGO
member. CANADA noted that observers must have clearly defined roles
and also supported detailed reports to ensure transparency. The US
emphasized that the ICRC would need to provide guidance to help
countries without good regulatory systems and noted the importance of
experts with substantial regulatory expertise. THE PESTICIDE TRUST
supported observers and asked for specification of observer numbers
and allocation of observer spaces to industry and public interest
groups.
On Tuesday and Wednesday, 13-14 July, a contact
group met to discuss the establishment of the ICRC. Chair Reiner Arndt
(Germany) emphasized that understanding the functions of the CRC would
promote understanding of expertise needed and directed participants to
the functions assigned to the CRC under the Convention. One
participant recommended making provisions for further functions for
the ICRC, as requested by the INC. The group preferred to recommend
that the ICRC undertake the CRC functions, as stipulated under the
Convention, with the exception of the task of recommending removal of
chemicals from the PIC procedure. Participants indicated the number of
experts in the ICRC should be in the vicinity of 20-25.
On the type of expertise recommended for the ICRC,
participants agreed on language in the Convention referring to
government-designated experts in chemicals management.
On the issue of membership of the ICRC, one
participant proposed limiting eligibility to signatories to the
Convention. A number of participants objected and the group deemed
this inappropriate. One regional group proposed allocating half of the
ICRC seats to experts with experience in advanced chemical management
schemes rather than based on FAO/PIC regions. Taking note that the
Convention provides for membership of the CRC based on equitable
geographical distribution, including ensuring a balance between
developed and developing countries, participants considered a
Secretariat-prepared list of those countries having DNAs in the FAO
regions and an alternative list based on UN regions. Several
participants stressed that countries without DNAs should not be
excluded from consideration. Elaborating on its FAO region membership
proposal, a participant proposed the following distribution: Africa:
6; Europe: 6; Asia: 4; Latin America and the Caribbean: 4; Near East:
3; Southwest Pacific: 2; and North America: 2. A participant stressed
there should be some equitable basis for these numbers. Another
participant offered a distribution based on DNAs in UN regions.
Several participants supported taking the proportions of chemical
producers and users and exporters and importers into account. One
regional group supported a high developing country membership on the
basis of their greater overall number and vulnerability. Another
participant said membership should not be less than 25 with at least
25% from Africa. Several participants stressed their understanding
that the CRC was a technical, not a political, body.
One participant, with initial support from
several others, proposed allocating two seats to each FAO region and
with additional members on a proportional basis according to the
number of DNA countries in each region: Africa: 2+3; Europe: 2+2;
Asia: 2+1; Latin America and the Caribbean: 2+2; Near East: 2;
Southwest Pacific: 2; and North America: 2. Another participant
preferred giving only one seat to each FAO region under this proposal.
Participants continued their deliberations on the options for
assignment of seats on the basis of all countries in the FAO/PIC
regions, and decided the desirability of nominating DNA countries over
non-DNA countries was an issue for the wisdom of regions. The group
continued its discussion with a tabulated collation of proposals on
the floor looking at the total number of countries by FAO regions but
with adjustments to take account of non-FAO countries in the PIC
procedure. A number of participants supported a proposal for 27 seats
accommodating factors such as council seat allocation in other
committees of the FAO, market share, number of consumers, and
population. Another advocated a greater share for Europe on the basis
of the number of economies in transition included in the region. After
a suggestion to add one further seat for Europe and Africa,
participants finally agreed on the following allocation of 29 seats
for the ICRC: Africa: 6; Europe: 6; Asia: 5; Latin America and the
Caribbean: 5; Near East: 3; North America: 2; and Southwest Pacific:
2.
On the question of when countries in the PIC
regions and their experts should be nominated, participants agreed
that countries should be identified by the end of INC-6 and, if
possible, experts as well. Otherwise experts should be identified by
15 September 1999.
On the question of casual vacancies through death
or resignation, participants agreed that a region would substitute a
new expert and inform the other regions.
On frequency of ICRC meetings, several
participants noted the issue of funding should not preclude any
decision. Participants agreed on one meeting a year or otherwise, as
necessary. On duration and rotation of membership, participants
supported a three-year term with periodic rotation, if necessary, to
ensure continuity.
On the working languages of the ICRC,
participants, with the exception of one reserving its position, agreed
on English only, provided that draft DGDs for consideration by both
the ICRC and the INC are made available promptly in the six UN
languages.
On participation of NGOs, IGOs and governments as
observers, delegates agreed to participation as provided for under the
INC’s rules of procedure with the caveat that the INC might
intervene if observers did not limit their numbers appropriately.
The group was unable to agree on whether ICRC
members should be experts in chemical management “appointed in their
personal capacity.” A number of participants preferred to omit this
wording and use language from the Convention referring to
“government-designated experts in chemicals management.”
On Wednesday, 14 July, contact group Chair Arndt
presented the results of the group’s deliberations. The Plenary
agreed on the number of 29 experts for the ICRC. With regard to ICRC
members being experts in chemicals management, “appointed in their
personal capacity,” Arndt emphasized that the language did not
restrict governments’ right to designate experts, but would
facilitate expert decisions. COLOMBIA, VIETNAM, on behalf of the Asian
Group, AUSTRALIA, the US and others called for removal of the phrase.
Rodrigues, supported by MOROCCO and THAILAND, proposed removing the
text from the decision and inserting a note on this issue in the
report. ARGENTINA made a reservation against the use of English only
in the ICRC, but agreed she would lift this reservation if no other
member of the Latin American and Caribbean Group made one. Several
delegations stressed the decision on the number of languages only
applied for the interim period. A number of delegations, including
MOROCCO, UKRAINE, EGYPT and QATAR, stressed that selecting three
languages would be discriminatory. Delegates agreed, with several
reservations, to use English only with translation of draft DGDs into
the six UN languages.
On Thursday, 15 July, delegates briefly
considered whether all experts identified by the 15 September 1999
deadline would be appointed on an interim basis and then formally
appointed as experts at INC-7. The Plenary later amended text
concerning the period for appointing experts to reflect agreement on
this.
After regional group meetings, the following
countries were announced as those selected by each of the PIC regions
to appoint ICRC experts: Africa: Cameroon, Ethiopia, the Gambia,
Mauritius, Morocco and South Africa; Europe: Finland, Germany,
Hungary, the Netherlands, the Russian Federation and Turkey; Asia:
China, India, Indonesia, Japan and Nepal; Near East: Egypt, Sudan and
Qatar; Latin America and the Caribbean: Barbados, Brazil, Chile,
Ecuador and El Salvador; North America: Canada and the US; and
Southwest Pacific: Australia and Samoa.
The RUSSIAN FEDERATION noted an agreement in the
Europe regional group that the Ukraine and the Russian Federation
should rotate their appointed experts, with the non-serving of the two
experts observing, but stressed there was no provision for such
rotation in the draft decision. After some debate, delegates agreed on
adding a note to the report stating that should the seat occupied by
the Russian Federation become vacant, the European Region has
determined the Ukraine will fill the vacancy.
The final agreement on establishment of an ICRC (UNEP/FAO/PIC/INC.6/L.4),
provides that the INC decides:
-
to establish an ICRC composed of 29 government-designated
experts appointed by the INC on the basis of PIC regions, as follows:
Africa: 6; Europe: 6; Asia: 5; Latin America and the Caribbean: 5;
Near East: 3; North America: 2; and Southwest Pacific: 2.
-
the ICRC members shall be experts in chemicals management
serving for three years from the decision’s date or until the first
COP, whichever occurs first, and that if the Convention is not in
force after three years, the INC will decide as necessary on extension
of terms of office or appointment of new members;
-
the 29 governments shall formally designate the experts and,
through the Secretariat, provide their names and relevant
qualifications and inform the Parties to the INC by 15 September 1999,
with such experts serving on an interim basis until formal
confirmation of appointment by INC-7;
-
regions shall determine the procedure for filling any vacancies
during the intersessional period and circulate qualifications of any
new member to INC parties through the Secretariat;
-
the ICRC shall normally meet once a year, approximately six
months before each session of the INC, subject to availability of
funds and work requirements;
-
meetings shall be in English only and any DGDs for
consideration by the ICRC or forwarded by it to the INC shall be
available in all six languages of the INC; and
-
ICRC sessions shall be open to observers in accordance with the
rules of procedure of the INC.
The INC decision further states that the
functions and responsibilities of the ICRC, consistent with the
provisions of the Convention, shall be:
-
for inclusion of banned or severely restricted chemicals,
reviewing information provided in notifications of final regulatory
actions and recommending to the INC whether the chemical should be
subject to the interim PIC procedure;
-
for inclusion of severely hazardous pesticide formulations,
reviewing information provided in proposals for inclusion of a
severely hazardous pesticide formulation in the interim PIC procedure
and recommending to the INC whether the chemical should be subject to
the interim PIC procedure; and
-
for each chemical that the ICRC decides to recommend for the
interim PIC procedure, preparing a draft DGD based on the required
information, which includes information on uses of the chemical in a
category other than that for which the final regulatory action
applies.
Adoption of Decision Guidance Documents for
Already Identified Chemicals: On Tuesday, 13 July, delegates addressed
the adoption of DGDs for already identified chemicals (UNEP/FAO/PIC/INC.6/6).
Niek Van der Graaff introduced the DGDs for six pesticides to be
considered for inclusion in the PIC procedure: binapacryl, bromacil,
ethylene dichloride, ethylene oxide, maleic hydrazide and toxaphene (UNEP/FAO/PIC/INC.6/6/Add.1-6).
These DGDs were developed by an FAO expert panel under the voluntary
PIC procedure.
CANADA, NEW ZEALAND and the PHILIPPINES supported
the addition of toxaphene and binapacryl into the PIC procedure. The
US agreed, but noted that changes need to be made in their DGDs. NIGER
and UKRAINE agreed that toxaphene should be added. Noting that
toxaphene is no longer produced or traded in Australia, AUSTRALIA
stated that toxaphene does not satisfy the criteria for inclusion.
MALAYSIA stated that maleic hydrazide and
ethylene dichloride had not been adequately considered by the panel,
and should be further reviewed. With AUSTRALIA, he stated that maleic
hydrazide does not satisfy the criteria for control action, because
hydrazine, an impurity found in maleic hydrazide, is the actual
contaminant. MALAYSIA, with CANADA, NEW ZEALAND, NORWAY, SWITZERLAND,
NIGER and SLOVENIA, stated that maleic hydrazide and bromacil should
not be included and need further review. The US requested that
correct, updated data on bromacil be brought to the ICRC and
questioned whether maleic hydrazide met the criteria. NIGERIA stated
that maleic hydrazide and bromacil, along with ethylene dichloride,
are still used in her country, and emphasized the need for further
review before inclusion. MALI added that binapacryl also needs further
review.
With regard to ethylene dichloride and ethylene
oxide, CANADA noted that the lack of information on their uses could
pose difficulties for developing countries making import decisions.
AUSTRALIA, the US and PAKISTAN underscored that pesticides or
industrial uses must be identified for correct import response
decisions. NIGER supported their inclusion.
VENEZUELA and NIGERIA asked for increased
scientific information in the DGDs. The EC supported inclusion of
toxaphene, maleic hydrazide and ethylene dichloride, but noted that
the information provided in their DGDs needs to be updated.
The GAMBIA, BENIN, CHAD, TANZANIA, LIBYA, GUINEA,
THAILAND and COLOMBIA agreed that all six substances could be added to
the PIC procedure, noting that some are not registered in their
countries. CUBA and SLOVENIA concurred, but stated that the DGDs need
clarification. COLOMBIA stressed that it was more important to focus
on evaluation and procedural aspects of DGDs than the inclusion of
substances. MADAGASCAR and the RUSSIAN FEDERATION stressed that all
products needed more review and that consideration for inclusion was
premature. The US and CAMEROON agreed on the need for a mechanism to
collect comments on information lacking in the DGDs. Delegates agreed
that binapacryl and toxaphene should be included in the interim PIC
procedure and decided to return the other DGDs to the review
committee. The maleic hydrazide and bromacil DGDs required further
review and the ethylene dichloride and ethylene oxide DGDs required
reformulation for clarification on their uses.
On Thursday, 15 June, delegates considered the
draft decision on the adoption for DGDs on identified chemicals (UNEP/FAO/PIC/INC.6/L.3).
AUSTRALIA intervened stating that binapacryl and toxaphene were no
longer traded and produced in Australia and therefore do not satisfy
the criteria.
On Friday, 16 July, delegates continued
consideration of the draft decision. The US modified text on maleic
hydrazide to clarify that the ICRC would review maleic hydrazide and
review and revise the DGD if so decided. The EC noted the need for
continuous revision and updating of DGDs. He suggested that all of the
proposed substances could be included into the PIC procedure, with the
understanding that DGDs would be revised. AUSTRALIA objected, noting
that it had never agreed to include all of the proposed chemicals.
AUSTRALIA, CANADA and the RUSSIAN FEDERATION supported the US
proposal, as did the EC with the request of inclusion of a statement
in the final report noting that it was not what the EC had foreseen.
The US proposed specification that the review of bromacil specifies
the basis for reported control action and the substance’s
suitability for inclusion into the PIC procedure. TURKEY, ISRAEL and
CANADA supported the US proposal. The PHILIPPINES emphasized that the
simple submission of a DGD is not adequate and stressed the need for
the INC’s in-depth evaluation of DGD suitability for inclusion into
the PIC procedure.
The Plenary adopted the draft decision with these
amendments. The draft decision: adopts the DGDs for binapacryl and
toxaphene and requests the Secretariat to ensure a corrected list of
their manufacturers; requests governments to submit clarification to
the Secretariat on all uses of ethylene dichloride and ethylene oxide
to be reviewed by the ICRC; decides that the ICRC will review and
revise the DGD on maleic hydrazide examining the impurity hydrazine
and policies in general regarding contaminants within a substance;
decides that the ICRC will review bromacil and revise its DGD; and
notes that the ICRC will forward DGDs to the INC.
Inclusion of Chemicals in the Interim PIC
Procedure: While no discussion was held on the inclusion of chemicals
in the interim PIC procedure, Jim Willis noted this might be a growing
and recurring agenda item.
PREPARATIONS FOR THE COP
On Tuesday, 13 July, the Plenary considered
topics to be addressed in preparation for the COP, including decisions
required at the first COP, functions of the COP with respect to which
the Committee may wish to take action, and other functions of the COP.
Delegates had before them the Secretariat’s note on the work
programme for the interim period (UNEP/FAC/PIC/INC.6/2).
Decisions required at COP-1: At its first
meeting, the COP will need to take decisions on institutional,
procedural and legal matters relating to the conduct of its work,
including decisions on: rules of procedure and financial rules;
Secretariat arrangements and financial provisions for the Secretariat;
PIC regions; the CRC; inclusion of chemicals from the interim PIC
procedure; and the discontinuation of the interim PIC procedure.
Delegates agreed that the Secretariat should
prepare draft decisions for rules of procedure and financial rules and
a draft budget for the first biennium to be considered at INC-7.
Delegates also requested preparation of a draft decision on
Secretariat arrangements and financial provisions for the Secretariat.
Regarding decisions on the definition and
adoption of the PIC regions, establishment of the CRC and inclusion of
chemicals from the interim PIC, delegates discussed language in the
Secretariat’s note stating that the COP “may wish to formalize
interim decisions” taken on these topics. The EC expressed concern
over such language and noted that discussions on this topic might be
premature. The RUSSIAN FEDERATION expressed concern about determining
PIC regions based upon interim arrangements. Rodrigues noted that the
COP would not just give a stamp of approval to interim decisions, but
would consider the work accomplished during the interim period prior
to determining whether it should be formalized. Rodrigues proposed
adding “and approve if found appropriate.”
On the discontinuation of the interim PIC
procedure, delegates decided that the Secretariat should prepare a
document exploring associated issues for discussion at INC-7.
Functions of the COP: With regard to functions of
the COP on which the Committee may wish to take action, delegates
discussed the assignment of specific Harmonized System customs codes
by the WCO and the adoption of annexes on arbitration and
conciliation. Regarding the assignment of Harmonized System customs
codes, Jim Willis noted that the process for inclusion in the system
is very lengthy and that, although the submission deadline for the
2002 edition of custom codes has passed, the INC may wish to address
this issue immediately because of a provision allowing for late
submission of proposals involving items of environmental or social
concern. The EC encouraged the Secretariat to establish contact with
the WCO and begin submitting proposals. He further suggested the Chair
submit a letter to the WCO to expedite the process. PAKISTAN
underscored the importance of developing this relationship for
developing countries in order to control imports. Delegates invited
the Secretariat and Chair Rodrigues to initiate contacts with the WCO
and also requested the Secretariat to prepare a report on progress
made by the Secretariats of the Montreal Protocol and the Basel
Convention in assigning harmonized customs codes.
In introductory comments on the annexes on
arbitration and conciliation, Willis explained that the article of the
Convention on settlement of disputes allows for two options for
settlement: arbitration as to be established in an annex or submission
of the dispute to the International Court of Justice. The article also
calls for disputes that are not resolved by one of these measures to
be submitted to a conciliation committee and calls for the adoption of
an annex on procedures relating to the conciliation committee to be
adopted by the COP no later than at its second session. FINLAND, on
behalf of the European Community (EC), and supported by CANADA, noted
that other conventions might provide guidance for elaborating such
procedures and requested the Secretariat to prepare draft annexes
based on other relevant conventions for consideration at INC-7. He
also noted that the procedure for addressing non-compliance had yet to
be addressed and noted openness with regard to the procedure but
preferred a “strong” procedure similar to that of the Montreal
Protocol over a “soft” procedure such as that of the UN Framework
Convention on Climate Change. He stressed that non-compliance should
be addressed with dispute settlement. SENEGAL, on behalf of the
African Group, and the US supported initial elaboration of the
annexes. CANADA, supported by NIGERIA, suggested that a working group
on annexes be established at INC-7. AUSTRALIA questioned the need to
take a decision at INC-6 and preferred agreeing to an intention of
establishing the working group at INC-8 with the possibility of
revisiting the arrangement at INC-7. Delegates agreed that the
Secretariat should prepare an initial review of options for
arbitration and conciliation annexes and for procedures and
institutional mechanisms for determining non-compliance. Delegates
also agreed that a working group could be convened after consideration
of the Secretariat’s findings to develop annexes and non-compliance
procedures at INC-8.
Willis introduced topics included under other
functions of the COP, including approval of DGDs and inclusion of
chemicals in Annex III (Chemicals Subject to the PIC Procedure),
removal of chemicals from Annex III, establishment of procedures
regarding non-compliance, review and evaluation of implementation, and
establishment of subsidiary bodies. He noted that no decision was
necessary at INC-6, but that the topics will need to be addressed in
the future.
ISSUES ARISING OUT OF THE CONFERENCE OF THE
PLENIPOTENTIARIES
On Tuesday, 13 July, delegates addressed issues
raised by the African Group and other countries at the Conference of
the Plenipotentiaries, including concern about the technical and
financial assistance necessary for implementation of the Convention as
well as during the interim period and the need to consider dispute
settlement, illicit trafficking and responsibility and liability at an
early stage. Delegates also considered the location of the
Secretariat.
Support for Implementation: In introductory
comments on support for implementation, Jim Willis noted that the
activities and programme of work of the Secretariat for 1999-2000 were
approved in principle and that this programme provides for
capacity-building efforts under the facilitation of implementation and
ratification of the Convention. Rodrigues recalled that the need for
workshops on implementation had been discussed and asked if this would
meet needs for support, with the understanding that this is what is
available. FINLAND, on behalf of the EC, said efforts among various
organizations should be noted and that emphasis should be put on other
activities. He noted organizations promoting the sound management of
chemicals, including FAO, UNEP, the World Health Organization (WHO),
the United Nations Industrial Development Organization (UNIDO), the
United Nations Institute for Training and Research (UNITAR) and the
International Labour Organization (ILO), and stressed that attention
should be given to coordinating existing resources.
GERMANY, on behalf of the EC, proposed a
conceptual framework for joint projects between countries with more
advanced programmes for regulating chemicals to provide technical
assistance for the implementation of the Convention in developing
countries and countries with economies in transition. The proposed
project structure is flexible, allowing for activities to start and
continue, as operational funds are made available. SENEGAL thanked
donors for support for capacity building in Africa and offered to host
an awareness-raising workshop in Dakar.
PANAMA described the DNAs’ ability and capacity
to manage the Convention as the “keystone” for implementation and
emphasized that any budgetary savings should be earmarked for their
capacity building. CHINA questioned how issues such as non-compliance
could be discussed before ensuring means for implementation of the
Convention. He underscored the importance of financial and technical
assistance and said that assistance should not be limited to
workshops. The GAMBIA, on behalf of the African Group, agreed that
technical assistance is very important and that financial assistance
is essential to implementation of the Convention and called for
evaluation of financial mechanisms. The US reiterated the need to
focus on capacity building and identified the PIC procedure as
capacity building in nature insofar as it provides for transfer of
knowledge and know-how between countries. Delegates agreed the
workshops on implementation and ratification of the Convention provide
a good basis for support for implementation and noted the COP should
further address this issue.
The EC highlighted a computer-based system for
implementation of the PIC procedure based on the European Union
on-line database programme for the voluntary PIC procedure, and noted
availability of a general version of the database and software that is
applicable for and usable by any country. She further suggested that
the Secretariat could link such databases, enabling countries to
easily share information. Willis noted that support for Africa is a
UNEP priority and highlighted UNEP’s Mercure programme and a pilot
project for Internet networking on chemicals management to be
implemented with a selection of PIC DNAs as well as Intergovernmental
Forum on Chemical Safety (IFCS) and POPs focal points. UNITAR
highlighted pilot projects in Tanzania, the Gambia, Cameroon and Chile
aimed at reducing high-risk chemicals.
Dispute settlement, Illicit Trafficking and
Responsibility and Liability: In introductory comments, Jim Willis
remarked that illicit trafficking is a topic broader than the
implementation of the PIC procedure. He noted that the IFCS will meet
in 2000 in Salvador, Brazil, and is likely to address illicit
trafficking and hoped that the IFCS will provide a step forward in a
broader context. The GAMBIA insisted that these issues must also be
addressed by the COP. Rodrigues suggested that the African Group
encourage inclusion of this topic at the IFCS and that INC-7 could
build upon the discussions from Salvador. VENEZUELA suggested that
individuals involved in the chemical product trade should be
responsible and called for the establishment of a fund based on
contributions from private persons and States. FINLAND, on behalf of
the EC, said that a compliance system would not respond to concerns on
illicit trafficking. Delegates agreed that the IFCS should be
encouraged to address illicit trafficking and that the issue would be
revisited at INC-7.
Location of the Secretariat: On Wednesday, 14
June, Jim Willis introduced the topic of the Secretariat’s location
and recalled offers previously announced by Germany and by Switzerland
and Italy jointly. He noted that at INC-7 the Secretariat would
distribute a list of the benefits and drawbacks of both offers for
governments to consider. GERMANY reiterated its invitation to host
COP-1 and called for establishment of a small working group to prepare
a comparative analysis of offers and present the findings to INC-7.
The German offer includes DM 1,000,000 at the disposal of the
Secretariat, and an additional DM 1,000,000 per annum for PIC events
held in Germany. SWITZERLAND, commenting on the process for
determining the Secretariat’s location, noted the efficiencies of
using existing UNEP and FAO facilities in Geneva and Rome. She
recalled that Switzerland’s offer to hold COP-1 in Geneva was
accepted at INC-5. ITALY agreed and stated that other offers should
not be considered. Rodrigues agreed that SWITZERLAND’s offer was
indeed approved in March 1998, but that other offers were welcomed.
She endorsed a working group on Secretariat location, but opposed the
proposal that it be intersessional since this would limit
transparency.
STATUS OF SIGNATURE AND RATIFICATION OF THE
CONVENTION
On Thursday, 15 July, Jim Willis introduced the
Secretariat’s note on the status of signature and ratification of
the Convention (UNEP/FAO/PIC/INC.6/INF.1). The document states that as
of 16 June 1999, the Convention has 61 signatories, comprised of 60
States and one regional economic integration organization. Willis
noted that 62 States initially signed the Convention at the Conference
of Plenipotentiaries in Rotterdam, but that after a review of
credentials this number was reduced to 55. Six additional countries
signed the Convention between its opening for signature and completion
of the Secretariat’s note on 16 June. Since then, the Czech Republic
and Australia signed the Convention, making the total number of
signatories 63. Willis noted that no State or regional economic
integration organization has ratified the Convention.
NIGERIA and the GAMBIA remarked that they had
signed the Convention at Rotterdam and queried as to why they were not
listed as signatories. Willis noted that the review of the credentials
may have indicated problems with credentials and that the signature
was not recognized. The GAMBIA noted that it had ratified the
Convention but was not acknowledged as a signatory and requested
clarification on how to proceed. She further questioned why the
credentials review committee in Rotterdam did not indicate problems
with the credentials. NIGERIA asked for clarification and guidance on
credential requirements. FAO Legal Counsel Gerald Moore advised that
the original credentials, not a copy or fax of the credentials, are
required.
GERMANY, the NETHERLANDS, SENEGAL, PERU, the US,
MADAGASCAR, BELGIUM and SLOVENIA noted their intentions to ratify the
Convention and reported on the status of their ratification processes.
EGYPT, CHINA, INDIA and ARGENTINA noted their intent and efforts to
become signatories. The PHILIPPINES encouraged the signing and
ratification of the Convention and hoped the Convention would enter
into force as soon as possible. The final report notes that the INC
took note of the Secretariat’s report and delegations’ intents to
ratify the Convention.
OTHER MATTERS
On Thursday, 15 July, Chair Rodrigues invited
delegates to address other matters. The US suggested that outlining
specific work for the ICRC could be useful and submitted a paper on
tasks for the ICRC prior to the next session of the INC. MOROCCO,
supported by the GAMBIA, EGYPT and SENEGAL, noted that the question of
dispute settlement had been raised on several occasions throughout the
negotiation of the Convention and requested establishment of a contact
group to address this, along with illicit trafficking and liability
and compensation. The GAMBIA underscored the need to address illicit
trafficking and liability and compensation and called for
establishment of financial mechanisms.
Rodrigues recalled that the IFCS would address
illicit trafficking at its third session to be held in October 2000,
and said that, in order to conserve resources and build on discussions
in other fora, the INC would address this topic at INC-7 after the
third IFCS session. She recalled the agreement reached by the Plenary
to send a letter to the IFCS indicating the high priority the INC
places on addressing illicit trafficking. She added that dispute
settlement and liability and compensation issues should be addressed
with arbitration and conciliation, and recalled that the Plenary had
agreed to request the Secretariat to compile material on this topic to
be presented at INC-7 with the intent of establishing a working group
on these issues. She said the report of the meeting would reflect the
reiteration of the African position. The US asserted that the
Convention would do much to address illicit trafficking. He noted that
the use of the Harmonized System customs codes would help to track PIC
chemicals and increase interaction between DNAs and customs officials
and thereby improve enforcement. He said the focus of the INC should
be on implementing the Convention and identified the development of
annexes on arbitration and conciliation as a priority.
CLOSING PLENARY
In the closing Plenary on Friday, 16 July,
delegates considered and made modifications to the report of the
meeting (UNEP/FAO/PIC/INC.6/L.1, and Add.1, 2 and 3). With regard to
the working languages of the ICRC, CUBA requested that the report note
that some countries would have preferred three languages. On the
balance of participation of observers in the ICRC, the PESTICIDE TRUST
opposed a proposal to simplify language to call for a balance between
industry and NGOs and preferred retaining reference to public interest
groups. COLOMBIA proposed modifying reference to the need to balance
“observer” participation in the ICRC to “governmental
observer.” FINLAND, on behalf of the EC, opposed this amendment.
CANADA, supported by BRAZIL, expressed concern that this specification
would result in non-balanced participation and preferred a broad
reference to observer participation that would include both
governmental and non-governmental observers. AUSTRALIA clarified that
balance should be achieved among non-governmental observers and among
all observers, including governmental and non-governmental, within the
ICRC and proposed text specifying this. The UK noted the danger of
having more observers than actual participants in the Committee and
suggested adding: “attention should be paid to attaining a balanced
participation in the ICRC” to ensure balance between types of
observers and members. The Plenary agreed to the Australian and UK
proposals.
Regarding the adoption of DGDs, AUSTRALIA
withdrew his original notification of control action on binapacryl, as
a review of the notification determined that the chemical’s
withdrawal from the Australian market was based upon a commercial
decision of the manufacturer rather than a human health or
environmental concern.
On satisfying criteria for inclusion, AUSTRALIA,
noting that substances no longer developed and traded do not meet the
criteria for inclusion, agreed they could be included as “historical
catch-ups” but stressed that this should not set a precedent. The
Plenary recognized that the adoption of such DGDs was in the context
of including chemicals from the voluntary procedure and did not
constitute a precedent.
CANADA requested inclusion of information on
where notification of control action should be forwarded, as well as
the date for submission, 31 October 1999. On stockpiles being subject
to re-exportation, EGYPT asked about non-internationally marketed
substances. Rodrigues said they could still be included in the PIC
procedure since stockpiles could remain.
With regard to illicit trafficking, MALI noted
that the report states that illicit trafficking was likely to be
addressed and underscored that the INC must address this topic. The
UKRAINE noted that its offer to host a regional workshop should be
included. ARGENTINA made a reservation noting that the interim
arrangements, specifically the number of representatives of the ICRC,
were of a provisional nature. With regard to the Secretariat’s
location, GERMANY requested inclusion of the date of its formal offer,
at the Rotterdam Conference, to host the Secretariat. SWITZERLAND also
asked that the date of its formal offer, at INC-5, be included. On the
status of signature and ratification of the Convention, Niek Van der
Graaff noted Australia and the Czech Republic as additional
signatories. The Plenary adopted the report with these modifications.
In closing remarks, Rodrigues thanked delegates
for staying on track and avoiding pitfalls throughout INC-6. She
looked forward to seeing delegates at INC-7 and wished the ICRC the
best of luck. The GAMBIA, on behalf of the African Group, offered
thanks to all that had helped to achieve a successful meeting. She
emphasized Africa’s commitment to the Convention, underscored the
need for assistance for successful implementation and identified
addressing of stockpiles of obsolete pesticides as a priority. The
UKRAINE, on behalf of Eastern and Central European countries, declared
that INC-6 would provide an enormous boost to encourage countries to
sign and ratify the Convention and, with VIETNAM, on behalf of the
Asian Group, thanked Chair Rodrigues and the Secretariat. The US, on
behalf of the North American regional group, lauded the effectiveness
of the Secretariat and Chair. AUSTRALIA, on behalf of the Southwest
Pacific region, offered thanks and remarked that the PIC procedure
will result in bountiful benefit to human health and the environment.
EGYPT, on behalf of the Near East region, COLOMBIA, on behalf of the
Latin America and Caribbean region, and FINLAND, on behalf of the EC,
thanked the Secretariat, interpreters, Chair and participants. Chair
Rodrigues gaveled INC-6 to a close at 5:00 pm.
A BRIEF ANALYSIS OF INC-6
A FAST START: Having successfully adopted the
Rotterdam Convention in September 1998, the work of the INC on the PIC
procedure entered the interim period, a gray and non-negotiated area
between the voluntary and legally binding PIC procedure. The
resolution on interim procedures, adopted along with the Convention at
the Conference of the Plenipotentiaries, provided for the INC to
continue work on the modalities of operating the COP and has
positioned the Convention for a “fast start.” The success of
INC-6, including agreement on interim PIC regions and the
establishment of an interim Chemical Review Committee, provides a
strong foundation for bringing the voluntary PIC procedure in line
with the procedure set out in the Convention and for encouraging
ratification of the Convention.
GETTING OUT OF THE GATE: Despite the fast start
principle, INC-6 had a little trouble getting out of the gate. There
was widespread recognition that the biggest obstacle threatening to
make the interim PIC procedure stop dead in its tracks is the
availability of funding. In discussions early in the week, delegates
questioned whether funds would be available to hold another INC and it
was made clear that governments will need to put their money where
their mouths are. Realization of financial constraints forced
delegates to prioritize work in the interim period, with support for
the Secretariat and INC meetings taking precedence over
capacity-building workshops to encourage ratification of the
Convention because, as one delegate put it, there isn�t much sense
in building capacity for something that doesn�t exist. Developing
countries� requests for capacity building were countered by
developed countries responses that this would have to wait until funds
were found. Long-standing developing country concerns resurfaced on
where necessary technical and financial contributions will come from.
When discussion turned to addressing non-compliance, some developing
countries asked how they could be expected to consider measures to
address non-compliance without some assurance that they would have the
technical and financial assistance necessary to be in compliance.
Well aware that the arrangements established in
the interim period could be formalized at COP-1, delegates
demonstrated caution in reaching agreement on some issues, notably the
establishment of the ICRC, and expressed some concern over setting
precedents or implicit agreements that could be difficult to shake off
at COP-1. Aspects of the ICRC that delegates grappled most with were
determining the regional representation to enable equitable and
balanced geographic membership and what type of observers would be
allowed. As participants jostled to determine what the balance would
be among observers and which observers would be allowed, delegates
expressed concern that there could be more observers than
participants, interfering with the distribution of resources and
balance within the ICRC. Finally, it was agreed to have balance among
observers as well as between members and observers.
NEGOTIATING THE TRACK AHEAD: In addition to
fleshing out the mechanics of the PIC procedure, the interim period
provides further opportunity to streamline and clarify the scope of
the Convention in terms of how many chemicals are included in the
procedure. Some delegates expressed concern that the PIC procedure is
too narrow and does not address all the chemicals it should,
especially those that are most hazardous. In discussions on the
acceptance of the six chemicals to the interim PIC procedure, some
delegations cautioned against just gaveling through decisions and
preferred to give careful consideration to procedure and the quality
of the DGDs. Some developing countries indicated their preference to
use a precautionary approach and include more chemicals while other
countries supported only including chemicals that are known to pose a
risk to human health and the environment. With only two of six
chemicals approved and the other four returned to the ICRC for further
review, some delegates lamented that more had not been adopted while
others felt that this appropriately reflected a more rigorous standard
for the review of chemicals.
STRIVING FOR A PERSONAL BEST: With high hopes of
holding annual sessions throughout the interim period, the INC now has
the opportunity to continue the challenging task of operationalizing
the Convention and improving its impressive record with a new personal
best at COP-1. While awaiting the first COP, which the Secretariat
estimates will take place in 2003, the INC should be able to
streamline the process for running the CRC, determine an effective
funding mechanism and continue to consider new chemicals and approve
them for the PIC procedure on an interim basis. The final appraisal of
the INC�s interim work will no doubt be revealed at COP-1 when it
decides in its wisdom whether to give formal recognition to the
INC�s outcomes.
THINGS TO LOOK FOR
BASEL GROUP ON LIABILITY: The Ad-Hoc Working
Group of Legal and Technical Experts to Consider a Protocol on
Liability and Compensation for Damage under the Basel Convention will
be held in Geneva in August 1999. For more information contact: the
Secretariat of the Basel Convention; tel: +41 (22) 917 82 18; fax: +41
(22) 797 34 54; e-mail: bulskai@unep.ch; Internet: http://www.unep.ch/basel/index.html.
THIRD SESSION OF THE POPS INTERGOVERNMENTAL
NEGOTIATING COMMITTEE (INC): The third session of the
Intergovernmental Negotiating Committee for an International Legally
Binding Instrument for Implementing International Action on Certain
Persistent Organic Pollutants (POPs) will be held from 6-11 September
1999 in Geneva, Switzerland. For more information, contact: UNEP
Chemicals (IRPTC); tel: +41 (22) 979 91 11; fax: +41 (22) 797 34 60;
e-mail: dogden@unep.ch; Internet: http://irptc.unep.ch/pops/.
DIOXIN �99: The 19th International Symposium on
Halogenated Environmental Organic Pollutants and POPs will take place
from 12-17 September 1999 in Venice, Italy. For more information
contact: the Organizing Secretariat, Emmezeta Congressi, Via C. Farini
70 - 20159 Milan, Italy; tel: +39 (2) 6680 2323; fax: +39 (2) 6680
6699; e-mail: dioxin99@mzcongressi.com; Internet: http://www.kemi.se/default_eng.cfm?page=aktuellt/pressmedd/default_eng.htm.
WORKSHOP ON POPS MANAGEMENT: This workshop on
POPs management is to be held from 20-23 September 1999 in Dubrovnik,
Croatia. For more information contact: UNEP Chemicals (IRPTC); tel:
+41 (22) 979 91 11; fax: +41 (22) 797 34 60; e-mail: dogden@unep.ch;
Internet: http://irptc.unep.ch/pops/.
FAO/WHO JOINT MEETING ON PESTICIDE RESIDUES: The
joint meeting of the FAO panel of experts on pesticide residues in
food and the environment and the WHO expert group on pesticide
residues (JMPR) 24th session meeting will be held from 20-29 September
1999 in Rome, Italy. The expected outcome of this meeting is reports
and monographs summarizing the assessments of certain pesticides. For
more information contact: Amelia Tejada, FAO; tel: +39 (6) 5705 4010;
fax: +39 (6) 5705 6347; e-mail: Amelia.Tejada@fao.org.
FAO PANEL OF EXPERTS ON PESTICIDE SPECIFICATIONS:
The 15th session of the Panel of Experts on Pesticide Specifications,
Registration Requirements, Application Standards and Prior Informed
Consent will be held from 28 September-1 October 1999 in Rome, Italy.
The meeting will focus on developing recommendations on the procedures
for the preparation and revision of the International Code of Conduct
on the Distribution and Use of Pesticides. The 16th session will be
held from 22-29 May 2000 in Granada, Spain. For more information
contact: Gero Vaagt, FAO; tel: +39 (6) 5705 5757; fax: +39 (6) 5705
6347; e-mail: Gero.Vaagt@fao.org.
WMO/EMEP WORKSHOP ON MODELING OF ATMOSPHERIC
TRANSPORT AND DEPOSITION OF POPS AND MERCURY: This workshop will take
place in November 1999 at the WMO Headquarters in Geneva. For more
information contact: 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.
BASEL CONVENTION ON HAZARDOUS WASTES: The fifth
session of the Conference of the Parties (COP-5) to the Basel
Convention will be held in Basel, Switzerland, from 6-10 December
1999. For more information contact: Secretariat of the Basel
Convention; tel: +41 (22) 917 82 18; fax: +41 (22) 797 34 54; e-mail:
bulskai@unep.ch; Internet: http://www.unep.ch/basel/index.html.
THE ROTTERDAM CONVENTION INTERIM CHEMICALS REVIEW
COMMITTEE: The first session of the interim Chemicals Review Committee
for the Rotterdam Convention on the Application of the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade is tentatively scheduled for 7-10 December 1999 in
Rome, Italy. The meeting will review candidate chemicals for the
Rotterdam Convention on PIC. For more information contact: Gero Vaagt,
FAO; tel: +39 (6) 5705 5757; fax: +39 (6) 5705 6347; e-mail:
Gero.Vaagt@fao.org.
THIRD MEETING OF THE INTERNATIONAL FORUM ON
CHEMICAL SAFETY: The third meeting of The Intergovernmental Forum on
Chemical Safety (Forum III) is tentatively scheduled for September or
October 2000, and will be held in Salvador, Brazil. For more
information contact: Executive Secretary, Intergovernmental Forum on
Chemical Safety, c/o World Health Organization, 20 Avenue Appia,
CH-1211 Geneva 27 Switzerland; tel: +41 (22) 791 36 50/43 33; fax: +41
(22) 791 48 75; e-mail: ifcs@who.ch; Internet: http://www.who.int/ifcs.
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