Published by the International Institute for Sustainable Development
(IISD)
Vol. 15 No. 28
Monday, 20 March 2000
THE FOURTH SESSION OF THE INTERGOVERNMENTAL
NEGOTIATING COMMITTEE FOR AN INTERNATIONAL LEGALLY BINDING INSTRUMENT
FOR IMPLEMENTING INTERNATIONAL ACTION ON CERTAIN PERSISTENT ORGANIC
POLLUTANTS (POPS):
20-25 MARCH 2000
The fourth session of the Intergovernmental Negotiating Committee
(INC-4) for an International Legally Binding Instrument for
Implementing International Action on Certain Persistent Organic
Pollutants (POPs) begins Monday, 20 March 2000, in Bonn, Germany.
Delegates to INC-4 will continue preparation of an international
legally binding instrument for implementing international action on
certain POPs grouped into three categories: 1) pesticides: aldrin,
chlordane, DDT, dieldrin, endrin, heptachlor, mirex and toxaphene; 2)
industrial chemicals: hexachlorobenzene (HCB) and polychlorinated
biphenyls (PCBs); and 3) unintended byproducts: dioxins and furans.
As INC-4 marks the penultimate meeting for completing negotiations
by the end of 2000, the goal of INC-4 is to produce a draft
convention. The major tasks ahead of INC-4 include drafting articles
on technical assistance and financial resources and mechanisms, and
resolving issues surrounding measures to reduce or eliminate releases,
national implementation plans, listing of substances in annexes, and
information exchange. INC-4 will also: consider articles on public
information, awareness and education, and research, development and
monitoring; identify terms to be defined; and solicit views on the
preamble and objective of the future convention.
A BRIEF HISTORY OF
THE POPS NEGOTIATIONS
During the 1960s and 1970s, the use of certain chemicals in
industry and as pesticides increased dramatically. 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)
recently attracted international attention due to a growing body of
scientific evidence indicating that exposure to very low doses of
certain POPs 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. POPs are
chemical substances that persist, bioaccumulate and pose a risk of
causing adverse effects to human health and the environment. 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. In 1992, the UN
Conference on Environment and Development (UNCED) adopted Agenda 21.
Chapter 19 of Agenda 21, "Environmentally Sound Management of
Toxic Chemicals Including Prevention of Illegal International Traffic
in Toxic and Dangerous Products," called for the creation of an
Intergovernmental Forum on Chemical Safety (IFCS). Agenda 21 also
called for the establishment of the Inter-Organization Programme on
the Sound Management of Chemicals (IOMC) to promote coordination among
international organizations involved in implementing Chapter 19.
In March 1995, the UNEP Governing Council (GC) adopted Decision
18/32 inviting the IOMC, the IFCS and the International Programme on
Chemical Safety (IPCS) to initiate an assessment process regarding an
initial list of 12 POPs. In response to this invitation, the IFCS
convened the Ad Hoc Working Group on POPs, which developed a
workplan for assessing these substances. The assessments included
available information on the chemistry, sources, toxicity,
environmental dispersion and socioeconomic impacts of the 12 POPs.
In June 1996, the Ad Hoc Working Group convened a meeting of
experts in Manila, the Philippines, and concluded that sufficient
information existed to demonstrate the need for international action
to minimize the risks from the 12 POPs, including a global legally
binding instrument. The meeting forwarded a recommendation to the UNEP
GC and the World Health Assembly (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 develop, by the end of
2000, an international legally binding instrument for implementing
international action, beginning with the 12 specified POPs. 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 decided
that the IFCS Ad Hoc Working Group would continue to assist in
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.
INC-1: The first session of the Intergovernmental Negotiating
Committee (INC-1) was held from 29 June-3 July 1998, in Montreal,
Canada. Delegates from approximately 90 countries, as well as
representatives from UN agencies, nongovernmental organizations
(NGOs), intergovernmental organizations (IGOs) and industry, met with
a clear spirit of cooperation, mutual purpose and shared
responsibility. Delegates voiced their determination to tackle what is
universally acknowledged as a serious threat to human health and the
environment. INC-1 elected bureau members, considered its programme of
work, as well as possible elements for inclusion in an international
legally binding instrument, and established the Implementation Aspects
Group (IAG) to address technical and financial assistance. INC-1
requested the Secretariat to prepare a document for INC-2 containing
material for possible inclusion in an international legally binding
instrument based on discussions at INC-1 and government and NGO
submissions.
INC-1 also established the Criteria Expert Group (CEG) as an
open-ended technical working group mandated to elaborate proposals for
science-based criteria, and to develop a procedure for identifying
additional POPs as candidates for future international action, to be
presented to the INC at or before its fourth session. INC-1 directed
the CEG to incorporate criteria pertaining to persistence,
bioaccumulation, toxicity and exposure in different regions, taking
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.
CEG-1: The first session of the Criteria Expert Group (CEG-1)
was held from 26-30 October 1998, in Bangkok, Thailand. Over 100
delegates from approximately 50 countries gathered to consider the CEG’s
programme of work, including the development of science-based criteria
for identifying additional POPs as candidates for future international
action. At CEG-1, delegates also considered the development of a
procedure for identifying additional POPs, including the information
required at different stages of the procedure, and who would nominate,
screen and evaluate a substance as a future POPs candidate.
INC-2: The second session of the Intergovernmental Negotiating
Committee (INC-2) was held from 25-29 January 1999, in Nairobi, Kenya.
Delegates from over 100 countries convened to further consider
possible elements of an international legally binding instrument.
Discussions at INC-2 were largely based on the Secretariat-prepared
outline of an international legally binding instrument. After general
discussions on this document, delegates divided into the IAG and the
Negotiating Group. The Negotiating Group examined the text of the
outline and completed preliminary discussions on: measures to reduce
or eliminate releases of POPs into the environment; national
implementation plans; information exchange; public information,
awareness and education; and research, development and monitoring. The
IAG held general discussions on possible capacity-building activities
requiring technical and financial assistance. A contact group on
annexes also met to begin placing the 12 POPs into annexes for:
prohibited production and use; chemicals with restricted production
and use; and chemicals subject to certain release reporting and
release reduction or elimination measures.
CEG-2: The second session of the Criteria Expert Group (CEG-2)
met from 14-18 June 1999, in Vienna, Austria. Approximately 140
participants representing 60 countries attended the meeting to build
upon the work of CEG-1 in the development of scientific criteria and a
procedure for adding additional POPs to the initial list of 12. The
CEG succeeded in completing its work in two rather than three
sessions, and proposed a procedure that provides for the establishment
of a review committee or committees to apply screening criteria and to
prepare a risk profile and risk management evaluation for proposed
substances. The CEG submitted its recommendations to INC-3.
INC-3: The third session of the International Negotiating
Committee (INC-3) met from 6-11 September 1999, in Geneva,
Switzerland, and brought together delegates from 120 countries, as
well as representatives from UN agencies, NGOs, IGOs and industry.
INC-3 adopted the CEG report and approved the CEG's recommendations as
a basis for further negotiation. In the Negotiating Group, delegates
made advances on language for articles on measures to reduce or
eliminate releases, national implementation plans, the listing of
substances in annexes, and information exchange. In the IAG, delegates
continued discussions on technical assistance and financial resources
and mechanisms, and many governments and regional groups submitted
draft text for these articles.
THINGS TO LOOK FOR TODAY
OPENING PLENARY: Delegates will convene
in an opening Plenary session to address organizational matters and to
hear opening remarks from Klaus Töpfer, UNEP Executive Director,
Bärbel Dieckman, Mayor of Bonn, and Jürgen Trittin, German Federal
Minister for the Environment, Nature Conservation and Nuclear Safety.
WORKING GROUPS: Following Plenary, the previously established
Implementation Aspects, Negotiating and Legal Drafting Groups are
expected to reconvene. The Negotiating Group will begin its work with
public information, awareness and education (Article H) and research,
development and monitoring (Article I), and the IAG will address
technical assistance (Article J) and financial resources and
mechanisms (Article K).
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This issue of the Earth Negotiations Bulletin ©
<enb@iisd.org> is written and edited by Richard Campbell <richard@iisd.org>,
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