Published by the International Institute for Sustainable Development
(IISD)
Vol. 15 No. 63
Monday, 15 October 2001
REPORT OF THE EIGHTH 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:
8 – 12 OCTOBER 2001
The eighth session of the
Intergovernmental Negotiating Committee 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 (INC-8) was held from 8 – 12 October 2001, in
Rome, Italy. Over 260 delegates from more than 110 countries,
including representatives of IGOs and NGOs, attended the five-day
meeting.
The overall goal of INC-8 was to
consider the major issues associated with the implementation of the
interim PIC procedure, and to prepare for the entry into force of the
Convention. During the congenial and efficient session, delegates
discussed: the work of the Interim Chemical Review Committee (ICRC);
implementation of the interim PIC procedure; and preparation for the
COP. INC-8 resolved a number of complex questions associated with
discontinuation of the interim PIC procedure and on conflict of
interest in the ICRC, although some contentious issues, such as
treatment of non-Parties after discontinuation of the interim PIC
procedure and composition of the PIC regions, have been pushed forward
for consideration at INC-9.
The PIC procedure aims 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 that are traded internationally. The
Rotterdam Convention on the PIC Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade was adopted on 10
September 1998. To date, the Convention has been signed by 72 States
and one regional economic integration organization, and ratified by 16
States (Bulgaria, the Czech Republic, El Salvador, Germany, Guinea,
Hungary, Kyrgyzstan, Mongolia, the Netherlands, Nigeria, Oman, Panama,
Saudi Arabia, Senegal, Slovenia and Suriname). It will enter into
force once 50 instruments of ratification are deposited. Until the
Convention’s first Conference of the Parties (COP), the
Intergovernmental Negotiating Committee (INC) will continue to provide
guidance regarding the implementation of the PIC procedure during the
interim period.
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 a 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 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 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) with a mandate 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
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 aspects 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 from 20-24 October 1997, in Rome. INC-4 considered the revised
text of draft articles for the instrument.
INC-5: The
fifth session of the INC 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 a draft resolution on interim arrangements.
THE DIPLOMATIC CONFERENCE OF
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 currently covers 31 chemicals,
consisting of 21 pesticides, five severely hazardous pesticide
formulations 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 decision guidance documents (DGDs) were circulated during the
voluntary 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 a Chemical Review Committee (CRC); define and adopt PIC
regions on an interim basis; adopt, on an interim basis, the
procedures for banned or severely restricted chemicals; and decide on
the inclusion of any additional chemicals under the interim PIC
procedure.
INC-6: The
sixth session of the INC was held from 12-16 July 1999, in Rome.
Approximately 300 delegates from 121 countries addressed arrangements
for the interim period prior to entry into force of the Convention,
and for the implementation of the interim PIC procedure. INC-6
resulted in the adoption of outline draft decisions on the definition
and provisional adoption of the PIC regions – namely Africa, Europe,
Asia, Latin America and the Caribbean, Near East, Southwest Pacific
and North America – the establishment of an interim CRC, and the
adoption of draft DGDs for chemicals already identified for inclusion.
ICRC-1: The
first session of the Interim Chemical Review Committee (ICRC-1) took
place in Geneva from 21-25 February 2000. The Committee, consisting of
29 government-designated experts in chemicals management from the
seven PIC regions, agreed to recommend two chemicals – ethylene
dichloride and ethylene oxide – for inclusion as pesticides in the
interim PIC procedure, and forwarded draft DGDs for those chemicals to
the INC for consideration. ICRC-1 also established a number of task
groups that will work intersessionally on various issues related to
the ICRC’s operational procedures.
INC-7: The
seventh session of the INC was held from 30 October to 3 November
2000, in Geneva. Over 230 delegates from 100 countries attended the
meeting, which addressed, inter alia: implementation of the
interim PIC procedure; issues arising out of the Conference of
Plenipotentiaries; and preparations for the COP, such as
discontinuation of the interim PIC procedure and financial
arrangements. Delegates also adopted DGDs for ethylene dichloride and
ethylene oxide, as well as a policy on contaminants within chemicals.
ICRC-2:
The second session of the ICRC (ICRC-2) was held in Rome from 19–23
March 2001. In light of discussion and adoption of a general policy on
contaminants within chemicals by INC-7, the ICRC considered the DGD on
maleic hydrazide. It also addressed: ICRC operational procedures;
inclusion of monocrotophos in the interim PIC procedure; and the use
of regional workshops to strengthen the links between designated
national authorities (DNAs) and the work of the ICRC and the INC. It
also forwarded recommendations to the INC on cooperation and
coordination in the submission of notifications of final regulatory
actions, and on the inclusion of monocrotophos in the interim PIC
procedure.
INC-8 REPORT
On Monday, 8 October, INC-8 Chair
Maria Celina de Azevedo Rodrigues (Brazil) welcomed delegates and
introduced David Harcharik, FAO Deputy Director-General. In his
opening address, Harcharik said that as crop production intensifies,
new demands are being placed on the agriculture sector to contribute
to, inter alia, protection of biodiversity and the environment,
and reduction of greenhouse gas emissions. He advised that the Basel,
Stockholm and Rotterdam Conventions should be viewed as building
blocks in the effective management of chemicals at each stage of their
life cycle, and that they would provide countries with tools to
achieve food security, advance human health and protect the
environment.
Shafqat Kakakhel, UNEP Deputy
Executive Director, stated that as part of consultations regarding
international environmental governance, UNEP has been called upon to
investigate possible approaches to clustering chemicals-related
conventions with a view to enhancing cooperation, effectiveness and
efficiency. He urged well-resourced countries to assist in the timely
ratification and implementation of these conventions by developing
countries, and reminded those governments that are experiencing
problems with severely hazardous pesticide formulations that they may
propose the inclusion of these formulations in the PIC procedure.
Chair Rodrigues introduced the
Agenda (UNEP/FAO/PIC/INC.8/ 1/Add.1), noting an additional item
regarding an offer by Germany to host INC-9 in Bonn. With this
addition, delegates adopted the Agenda. Chair Rodrigues then called
attention to a scenario note (UNEP/FAO/ PIC/INC.8/INF/7) that she had
prepared outlining expected outcomes from INC-8, including: a
commitment to continue funding the interim PIC procedure and to adopt
the 2003 budget; understanding of constraints in preparing
notifications of final regulatory actions and import responses;
agreement on a disclosure form and conflict of interest procedures for
the ICRC; conclusion of discussion on the rules of procedure and
settlement of disputes; initial discussion of financial rules and
provisions, as well as non-compliance; and discussion of issues
associated with discontinuation of the interim PIC procedure.
Yuri Kundiev (Ukraine), Mohamed El
Zarka (Egypt) and Bernard Madé (Canada) served as Vice-Chairs. Wang
Zhijia (China) served as Rapporteur for the meeting. During the week,
delegates convened in Plenary, a Legal Working Group and Working
Groups on Discontinuation of the Interim PIC Procedure and on Conflict
of Interest in the ICRC.
ACTIVITIES OF THE SECRETARIAT: On
Monday, 8 October, Jim Willis, Executive Secretary of the Convention,
outlined "Activities of the Secretariat and review of the
situation as regards extra-budgetary funds" (UNEP/FAO/PIC/INC.8/2
and INF/8), and reviewed the Secretariat’s work in support of the
interim PIC procedure relating to, inter alia: information on
nominating DNAs; circulation of DGDs; notifications of final
regulatory actions to ban or severely restrict chemicals; and future
import of chemicals.
Regarding the trust fund,
Secretariat staffing and core budget issues, Willis said there was
still a lack of finances for proposed workshops, and highlighted
issues related to financial pledges and contributions, trust fund
expenditures, interim Secretariat staffing, and the draft budget for
2003.
Recalling the INC’s request that
the Secretariat provide an indicative list of priorities with each new
budget, he suggested the following order of priorities: core
Secretariat activities relating to the implementation of the interim
PIC procedure; INC and ICRC meetings; Secretariat activities relating
to the Convention’s entry into force; facilitation of implementation
and ratification, including workshops; and Secretariat activities
relating to illicit trafficking. He also noted, inter alia,
that work on dispute settlement and harmonization standards has been
impeded by budgetary constraints, and said decisions taken by the INC
may impact the proposed budget and priorities.
In the ensuing discussion, delegates
deliberated on the Secretariat’s priorities. New Zealand requested
that a higher priority be given to facilitating implementation and
ratification, and, with the US and Cuba, called for a more detailed
breakdown of the budget. The EC said that the prioritizing of issues
would reduce work in other areas, and said that another Euros 100,000
would be made available next year. Malaysia and Argentina supported
the Secretariat’s prioritization of activities. Delegates
provisionally approved the budget, with facilitation and
implementation activities given higher priority. This item was
revisited on Friday, 12 October, and delegates approved the draft
budget for 2003.
IMPLEMENTATION OF THE INTERIM PIC
PROCEDURE
STATUS OF IMPLEMENTATION:
On Monday, 8 October, Gerold Wyrwal, FAO, presented "Report on
the status of implementation of the interim PIC procedure"
((UNEP/FAO/PIC/INC.8/3). He noted that to date, 21 pesticides, five
severely hazardous pesticide formulations, and five industrial
chemicals are subject to the interim PIC procedure, and highlighted
the following:
-
nomination of 253 DNAs by 165
countries;
-
submission of notifications of
final regulatory actions by two PIC regions for three new chemicals
– DNOC, Dinoterb and Asbestos (amphibole) – which are scheduled
for consideration by the next ICRC;
-
submission of two proposals for
severely hazardous pesticide formulations – Granox TBC and Spinox
T – by Senegal; and
-
availability of information on the
number of submitted and verified import responses, together with a
breakdown of the types of responses provided.
INTERIM CHEMICAL REVIEW COMMITTEE
(ICRC): Delegates discussed a number of
issues related to the composition, procedures and tasks of the ICRC,
including: confirmation of experts; report of the ICRC-2; adoption of
DGDs; contaminants; issues associated with the operational procedures;
inclusion of chemicals in the interim procedure; notifications; and
conflict of interest.
Confirmation of Experts Designated
for the ICRC: On Monday, 8 October, Niek van
der Graaff, Executive Secretary of the Convention, announced that one
of the ICRC experts had resigned after INC-7, and said that a new
expert from Australia, representing the Southwest Pacific region, has
been acting as an interim member of the ICRC (UNEP/FAO/PIC/INC.8/4).
The INC confirmed his nomination.
Report of the ICRC-2:
On Monday, 8 October, ICRC Chair Reiner Arndt (Germany) presented
"Report of the ICRC at its second session"
(UNEP/FAO/PIC/INC.8/5), held from 19-23 March 2001. He summarized the
activities of the ICRC and its five intersessional task groups, and
highlighted an ICRC recommendation to the INC that the pesticide
monocrotophos become subject to the interim PIC procedure, noting that
the ICRC would develop a draft DGD and forward it to the INC. The
Plenary took note of the ICRC report.
Adoption of DGDs for Already
Identified Chemicals: On Monday, 8 October,
Arndt presented the ICRC recommendation on maleic hydrazide
(UNEP/FAO/PIC/INC.8/6). The recommendation advocates that maleic
hydrazide should not be subject to the interim PIC procedure, and
recommends that manufacturers should submit confirmations that the
level of free hydrazine in maleic hydrazide products is not more than
1 ppm.
Delegates discussed the ICRC
recommendation on maleic hyrdazide on Tuesday, 9 October. Delegates
approved Chair Rodrigues’ proposal that if the conditions were not
met, the issue would be referred back to the ICRC. Switzerland
proposed reconsidering the action if new information shows that maleic
hydrazide products do not meet the standards. China and the Republic
of Korea said that manufacturers should not be required to submit
confirmations to the Secretariat if their products are only used
domestically. The US stressed the role of DNAs in encouraging
manufacturers to provide confirmations.
Final Decision: On
Friday, 12 October, delegates adopted the final decision, which
states, inter alia, that maleic hydrazide not be included in
the interim PIC procedure, and that the decision be subject to written
confirmation from all manufacturers engaged in international trade,
including those that will be identified in the future. The decision
states that these manufacturers have to submit confirmations that the
level of free hydrazine in maleic hydrazide products is not more than
1 ppm, and that they comply with the FAO specifications for the
potassium salt of maleic hyrdazide. Previously identified
manufacturers are to provide confirmations by 1 January 2002, and to
comply with FAO specifications by 1 January 2004.
Contaminants:
On Tuesday, 9 October, Arndt introduced this issue, addressed in the
document on "Issues arising out of the second session of the
ICRC" (UNEP/FAO/PIC/INC.8/7). Delegates considered whether to
initiate further work on the issue of contaminants in industrial
chemicals at this time, and agreed that although the issue is
important, it is not the highest priority, and recommended that in
order to ensure the prudent use of ICRC resources, the issue should
not be considered until the first such notification has been
submitted.
Issues Associated with the
Operational Procedures for the ICRC: On
Tuesday, 9 October, Arndt presented the ICRC recommendations regarding
cooperation and coordination in the submission of notifications of
final regulatory actions in UNEP/FAO/PIC/INC.8/7, including: updating
and resubmitting notifications that do not satisfy the criteria of the
interim procedure; calling upon DNAs and NGOs to help identify the
scope of ongoing international trade in certain chemicals; using
Chemical Abstract Service (CAS) numbers and accurate chemical names by
governments when submitting notifications; and considering whether
countries can provide updated scientific data to support old
notifications. The EC and Norway said that priority should be given to
notifications of chemicals not yet covered by the PIC procedure.
Argentina supported the recommendation to provide supplementary data,
while Australia and the US requested that the ICRC further examine the
issue.
Final Decision: The
final decision of the INC, inter alia: urges countries to
resubmit notifications of final regulatory actions that do not satisfy
the information requirements of the interim PIC procedure; recognizes
that governments might wish to prioritize chemicals not yet listed in
the PIC procedure; calls upon NGOs and DNAs to delineate the scope of
ongoing international trade on chemicals yet to be designated by the
ICRC; and states that the issue of supplementary data in support of
old notifications be examined by the ICRC on the basis of specific
cases.
Inclusion of Chemicals in the
Interim PIC Procedure: Chair Rodrigues
reported that there are currently no chemicals that require inclusion
in the interim PIC procedure.
Analysis of the Problems Frequently
Encountered by Parties in their Preparation of Notifications:
On Tuesday, 9 October, Bill Murray, interim Secretariat, presented
"Analysis of problems frequently encountered by Parties in
preparing notifications of final regulatory actions"
(UNEP/FAO/PIC/INC.8/8 and UNEP/FAO/PIC/ INC.8/INF/3), noting that 56
of 165 participating States have submitted notifications, and that of
the 14 countries that had ratified the Convention as of 30 April 2001,
only five had submitted notifications. Discussing a proposal to revise
the notification form, Canada suggested that the Secretariat develop
and distribute a model form. Cuba pointed out that problems faced by
DNAs are due to training and capacity limitations, and, with Colombia,
emphasized increased use of direct assistance. Jamaica stressed lack
of laboratory capacities that also limit capacity for informed
decision-making. Many delegates said it would be premature to change
the form since the PIC procedure is still in its infancy.
Final Decision: The
final decision does not endorse revising the form, but requests the
Secretariat to give further guidance to DNAs, develop a more
comprehensive guidance manual, and provide hands-on training through
the regional workshops, and requests the ICRC to prepare an issue
paper on compatibility of current regulatory practices with
notification procedures. It also encourages countries to prioritize
notifications for those chemicals not yet subject to the interim PIC
procedure, and states that additional action will be considered in
future if submission rates do not increase.
Submission of Notifications of
Chemicals Already Subject to the PIC Procedure:
On Tuesday, 9 October, Bill Murray presented the options to reconcile
the need for information exchange with available resources, as
contained in "Submission of notifications of final regulatory
action for chemicals that are already subject to the interim PIC
procedure" (UNEP/FAO/PIC/INC.8/9). The note highlights:
continuation of submitting the full notifications; a two-track
approach depending on the scientific basis for the national regulatory
action; and no obligation to submit a notification for Parties that
have provided an import response. He said possible action by the INC
would be to, inter alia, consider whether to adopt a specific
policy on this issue.
Final Decision: The
final decision states that Parties should continue to submit full
notifications for all regulatory actions on chemicals subject to the
interim PIC procedure, with priority on the submission and
verification of notifications of chemicals not yet included in the
interim PIC procedure.
Conflict of Interest Procedures for
the ICRC: On Tuesday, 9 October, Niek van
der Graaff presented a proposed draft disclosure of interest form and
procedure as contained in the document "Procedures and forms used
to address matters such as conflict of interest, disclosure and
recusal in scientific bodies or other organizations and
conventions" (UNEP/FAO/PIC/INC.8/10). Antonio Tavares, interim
Secretariat, outlined the document, describing the code of conduct of
the Technology and Economic Assessment Panel (TEAC) under the Montreal
Protocol, as well as the development of a form by the FAO and the WHO
for the disclosure of information by experts. Delegates agreed that
the conflict of interest issue is crucial to the functioning of the
Convention and, following a suggestion by Chair Rodrigues, established
a Working Group on Conflict of Interest with Gerardo Viña-Vizcaino
(Colombia) appointed as Chair.
The Working Group met on Wednesday,
10 October, and Thursday, 11 October. On affiliation with industry,
some delegates said that the ICRC experts should have no link to
industry, while others stressed that governments have the right to
designate such experts, although ICRC members should be made aware of
one another’s affiliations. Delegates also discussed issues of
confidentiality, content of the declaration, and prevention of
conflicts of interest. On content of the declaration, Australia
suggested, and delegates agreed, to incorporate in the decision the
components of the code of conduct of the Montreal Protocol. On details
of the conflict of interest procedure, delegates agreed to adopt a
model combining elements of procedures used under the Montreal
Protocol and by the World Health Organization and the FAO. On the role
of nominating governments, Niek van der Graaff said that the
government should endorse the declaration. Delegates agreed that the
designating government should play a principle role in preventing
conflicts and reviewing the declaration. Delegates also recommended
that the Secretariat discuss suitability of experts "with the
designating government and the prospective expert, through the
government, as appropriate." On disclosure of information from
the declaration, prolonged discussion resulted in support for Canada
and Australia’s suggestion that information will be provided, to the
extent necessary, to the INC, its Bureau and its subsidiary bodies.
Australia called attention to the need for monitoring conflicts that
might arise within experts’ three-year tenure. The US suggested the
declaration be filled annually. Some felt it would result in too much
administrative work, and recommended instead that all appointed
experts immediately inform the Secretariat of any changes and
conflicts of interest.
Final Decision: The
final decision adopts conflict of interest procedures and the
declaration of interest form, as contained in UNEP/
FAO/PIC/INC.8/CRP.13, and emphasizes primary responsibility of
governments and the need to evaluate the potential conflicts based on
criteria set out in the declaration on a case-by-case basis and in a
consistent manner. It recommends, inter alia, that ICRC
members:
-
establish a code of conduct and
clear rules and procedures for preventing and dealing with
conflicts;
-
annually disclose their
activities;
-
act in a manner that will bear the
closest public scrutiny; act in good faith for the best interest of
the process;
-
not solicit or accept any gifts,
hospitality or other benefits from persons, groups or organizations
having or likely to have dealings with the ICRC; and
-
not knowingly take advantage of,
or benefit from, information that is obtained in the course of their
duties and responsibilities as an ICRC member.
The decision should be reviewed
within five years after its adoption, or at the first COP, whichever
comes first, and the procedure should come into effect immediately
after the conclusion of INC-8.
PREPARATION FOR THE COP
DRAFT RULES OF PROCEDURE: On
Tuesday, 9 October, Jim Willis recalled outstanding issues forwarded
by INC-7 regarding draft rules of procedure, specifically with respect
to: dates of meetings; participation of other bodies or agencies;
election of officers; quorum; majority required; and method of voting
for general matters. Chair Rodrigues referred the matter to the Legal
Working Group.
On Thursday, 11 October, Legal
Working Group Chair Patrick Szell (UK) presented the report on
"Rules of procedure of the COP" (UNEP/FAO/PIC/INC.8/CRP.5),
which recommends the following rules:
-
on frequency of meetings, that the
second and third COPs be held annually and every two years
thereafter;
-
regarding observers, that the
original rule be accepted with a note on the importance of
documentation for the COP being circulated well in advance;
-
on the term of office, that the
President and the Bureau be elected at the closure of the COP and
serve until the closure of the following COP;
-
on determining a quorum for a
decision on a matter within the competence of a REIO, that the REIO
is entitled to cast its votes in accordance with Article 23
(Voting); and
-
that the rule on a secret ballot
remain unchanged.
He noted that the rule on a
two-thirds majority vote remained under review and that this would be
revised. On Friday, 12 October, delegates agreed to forward the draft
rules of procedure to COP-1.
SETTLEMENT OF DISPUTES: ARBITRATION
AND CONCILIATION: On Friday, 12 October,
Patrick Szell introduced the Working Group’s report on
"Settlement of disputes: arbitration and conciliation"
(UNEP/FAO/PIC/INC.8/CRP.8). He said the Group agreed on procedures for
arbitration and conciliation with the exception of one issue regarding
timeframes. He noted that the Group had used the Biodiversity
Convention model as a precedent, but that they had added three
paragraphs to the conciliation procedure regarding confidentiality,
timeframes and costs. He said the procedures address, inter alia:
how an arbitration tribunal or conciliation committee is triggered;
the establishment of the tribunal or committee and how the bodies will
operate; interim measures; counterclaims; voting; and provisions for
costs, timing and nature of committee decisions. He reiterated that
the key difference between the two is that the arbitration tribunal
delivers binding decisions, while the conciliation committee decisions
would be in the form of recommendations.
He noted that the sole outstanding
issue relates to the proposed procedure to be adopted should the
Parties or the arbitrators fail to appoint people to the tribunal or
committee in time. He said the delegates failed to agree on the
two-month suggested timeframe for the UN Secretary-General to
designate an arbitrator if a party to the dispute does not appoint an
arbitrator within two months. The Group also left unresolved the
two-month timeframe for the UN Secretary-General to designate a
President of the tribunal, if an appointment is not made within two
months of the appointment of the second arbitrator. Chair Szell also
noted an additional request inviting the CRC to advise on the possible
effects on a claimant State that might arise through a delay in making
such an appointment. He said this request could be registered in the
report of the meeting. The EC said it could go along with the proposed
procedures, but noted that it would have preferred a more binding and
compulsory mechanism as in other MEAs, and asked that this be
reflected in the report of the meeting. Delegates agreed to revisit
the issue of arbitration and conciliation at INC-9.
DRAFT FINANCIAL RULES AND
PROVISIONS: On Tuesday, 9 October, Jim
Willis introduced the "Draft financial rules and provisions"
(UNEP/FAO/PIC/INC.8/12), as requested by INC-7, noting that the rules
are comprised of a set of draft rules and an assessment methodology.
Chair Rodrigues invited general comments, but noted that the Legal
Working Group would deal with the issue in more detail. The EC and
Norway expressed qualified support for the draft rules. Iran suggested
that delimitations on total contributions be subject to future
negotiations. Chair Rodrigues noted that any final decision rests with
the COP. The US suggested that alternative assessment methodologies be
considered and stressed that no financial obligations are binding.
On Friday, 12 October, Patrick
Szell, reporting on the "Financial rules of procedure"
(UNEP/FAO/PIC/INC.8/CRP.12), said that every provision had been agreed
to, but that three matters will need to be revisited. He noted that
the Group used the financial rules under the climate change and
desertification conventions as precedents. He highlighted a general
fund, dealing with core expenses for the operation of the Convention
and its Secretariat, and a special fund dealing with contributions
made in an earmarked manner by developed countries for participation
of developing countries and countries with economies in transition
(CEITs) in meetings of the Convention. He also noted that subject to
the COP’s approval, other trust funds may be established if
necessary. Chair Szell noted there was no agreement over whether CEITs
should benefit from this fund. Regarding the establishment of trust
funds, the Group also left for further consideration the issue of
whether the trust fund would be set up by UNEP, the FAO or both. Szell
also pointed to a footnote referring to a yet-to-be-specified percent
of the total resources of the COP that should not be exceeded by any
one contribution. Chair Rodrigues said that the outstanding issues
would be revisited at INC-9, and recalled the Group’s request that
the Secretariat address the matter of the management of the trust
fund. Samoa bracketed a reference that no contribution from a least
developed country Party exceeds .01% of the total resources of the
COP.
ASSIGNMENT OF SPECIFIC HARMONIZED
SYSTEM CUSTOMS CODES: On Tuesday, 9 October,
Jim Willis presented the document on "Assignment of specific
harmonized system customs codes" (UNEP/FAO/PIC/INC.8/18), and
outlined the Secretariat’s cooperation with the World Customs
Organization (WCO). He stressed that in order to avoid delaying the
assignment of Harmonized System codes until 2012 or later, the
Convention should enter into force by 2004. Kenya, Nigeria and Senegal
called for capacity building of the customs officers and DNAs.
Australia recalled a single high-level code proposal. Canada and the
US discussed more specific codes. Colombia suggested working with the
World Trade Organization. Canada and the EC offered to share their
experiences of working on codes. Responding to the comments, Jim
Willis said a single high-level code would not be acceptable to the
WCO, and noted UNEP’s work on capacity building for customs
officers. Chair Rodrigues suggested: requesting that the Secretariat
pursue work with the WCO; inviting countries working with the codes to
share experiences and cooperate with the Secretariat; and striving to
meet the WCO deadline of 2004 by promptly ratifying the Convention.
The INC agreed.
DISCONTINUATION OF THE INTERIM PIC
PROCEDURE: Delegates discussed
discontinuation of the interim PIC procedure in a Working Group on
Wednesday, 10 October and Thursday 11 October. The Group was
co-chaired by André Clive Mayne (Australia) and Gamini Manuweera (Sri
Lanka). Co-Chair Mayne explained that the mandate of the Working Group
was either to propose options, or to endorse feasible solutions, on
issues raised at INC-7 (UNEP/FAO/PIC/ INC.8/16). In Plenary on Friday,
12 October, Working Group Co-Chair Mayne introduced the "Report
on Discontinuation of the Interim PIC Procedure,"
(UNEP/FAO/PIC/INC.8/CRP.11). He noted that the Working Group failed to
agree on: composition of the PIC regions; failure to transmit an
import response for chemicals subject to the interim PIC procedure,
but not yet listed in Annex III; submission of proposals for severely
hazardous pesticide formulations after entry into force; how to treat
notifications and proposals from participating States in the interim
period; and how to treat non-Parties after discontinuation of the
interim PIC procedure. Chair Rodrigues explained that they would be
placed on the INC-9 agenda.
The Working Group reached consensus
on the following issues, which will serve as recommendations to COP-1:
-
neither the INC nor the ICRC will
convene following COP-1;
-
the composition of the CRC will be
based on the PIC regions adopted at COP-1;
-
all the chemicals included in the
interim PIC procedure prior to the entry into force of the
Convention, but not yet listed in Annex III, will be added to Annex
III;
-
the point of reference for the
status of import responses for chemicals listed in Annex III, as
well those subject to the interim PIC procedure, but not yet listed
in Annex III, will be the date of the Convention's entry into force;
-
notifications of final regulatory
actions and proposals for severely hazardous pesticide formulations
submitted by non-Parties during the interim PIC procedure be
included in Annex III;
-
the interim PIC procedures be used
during the Convention PIC procedure, subject to change by the COP;
-
and the transition period be
limited to two years.
NON-COMPLIANCE: On
Wednesday, 10 October, Masa Nagai, interim Secretariat, presented the
documentation on non-compliance (UNEP/FAO/PIC/INC.8/14, INC.8/15 and
INC.8/INF/2). He outlined two components of a possible non-compliance
model: an institutional mechanism, and a model of procedure. Chair
Rodrigues opened the floor for comments, but requested that the
negotiating positions be considered in full detail by the Legal
Working Group. Most delegates agreed that the mechanism should
encourage and facilitate compliance to the maximum extent possible.
The EC said that compliance should include a strong enabling component
and a range of "soft and stringent" measures in cases of
non-compliance. China, supported by Australia, said the mechanism
should be based on simplicity, transparency, timeliness and
predictability. Australia, with New Zealand, emphasized that the
compliance mechanism should be facilitative and not penalty-based.
On reporting, the EC said that while
the Secretariat note was a good starting point for discussion, further
examination is necessary. Canada said that voluntary reporting would
encourage compliance. Australia expressed interest in further
examination of reporting, but stressed that it should not impose
burdens on Parties. Iran said the mechanism should also include a
punitive dimension. Benin proposed that the compliance mechanism
should include both "carrot and stick" provisions.
In Plenary on Friday, 12 October,
Patrick Szell summarized the discussion that took place in the Group.
He said that the Group used the proposed model for handling
non-compliance, as presented in UNEP/FAO/PIC/INC.8/14, as a basis for
discussion. He noted that some delegates proposed a mechanism with a
facilitative approach, while others preferred one that also included a
supervisory feature. He said some supported an independent compliance
regime, with others preferring COP involvement in the decision-making
process, and noted that this issue would be resolved once the
compliance regime is decided upon. He noted that the issue of
membership had been discussed, and that agreement was reached on the
need for balance: geographically; between developed and developing
countries; and between importing and exporting counties. He also said
that delegates should further consider whether the compliance
proceedings should be open or closed, but reiterated that any reports
of the compliance committee would be put forward to the COP.
He flagged three issues critical to
determining a compliance regime: who will trigger the process; whether
the body will deliver hard or soft consequences; and issues related to
monitoring and reporting. He said the Group agreed it should reconvene
at INC-9 to further discuss compliance, and recommended that the
Secretariat should synthesize the ideas brought forward at INC-8 with
the existing documentation and prepare a revised background paper. The
Group suggested that any further written comments may be forwarded by
countries to the Secretariat by 31 March 2002.
Chair Rodrigues proposed that the
INC approve the Group’s suggestions to: register that discussions
took place; further take up the issue at INC-9 in a working group; and
request the Secretariat to prepare a background paper. Canada and the
EC supported the proposals. Canada recalled its proposal regarding
reporting, and asked that governments contribute their views on this
issue. The EC reiterated its support for an independent compliance
body, with a wide range of measures and a "carrot and stick"
approach. He also supported taking into account progress on compliance
in other bodies, stressed coherence in this regard, and underscored
the importance of the UNEP process on international environmental
governance and its emphasis on increased compliance. On behalf of
several delegations, and with Iran, he expressed gratitude for the
excellent chairmanship of Patrick Szell. Iran emphasized that the new
document produced by the Secretariat must be neutral. Jim Willis
clarified that the new document would use UNEP/FAO/PIC/INC.8/14 as a
starting point, integrate comments from Plenary and the Working Group,
and represent the range of views received, but would not try to
resolve any differences
ISSUES ARISING OUT OF THE CONFERENCE
OF PLENIPOTENTIARIES
SUPPORT FOR IMPLEMENTATION: On
Friday, 12 October, Chair Rodrigues initiated discussion on issues
arising out of the Conference of Plenipotentiaries, inviting Niek van
der Graaff to present the issues relating to support for
implementation. Van der Graaff also said that widespread interest in
synergizing the implementation of the chemicals-related MEAs, notably
with the Stockholm and Basel Conventions. Van der Graaff noted that
workshops intended to encourage implementation of the PIC Convention
are being planned for Francophone Africa in Dakar, Senegal,
tentatively scheduled for the end of January 2002, as well as for
Eastern Europe, Western Asia and the Caribbean. He also noted that the
workshops must target implementation, and said that issues falling
outside the purview of the PIC Secretariat would need to be addressed
with the aid of funding from other multilateral funding agencies.
Responding to a request for guidance materials for DNAs voiced earlier
in the session, Van der Graaff assured that work to this end would
commence in the forthcoming year. He also announced that delegates can
expect a functional PIC database-supported website in the near future
as UNEP and FAO are currently harmonizing their existing PIC websites
to this end.
The EC acknowledged the importance
of subregional implementation workshops and recommended that, in order
to achieve their maximum effectiveness, countries seeking to benefit
from workshops clearly articulate their needs. He recommended that
African, Caribbean and Pacific (ACP) countries articulate their PIC
implementation needs and their environmental goals in light of the
Cotonou Agreement process, a trade and aid pact between 77 ACP
countries and the European Union. The EC also mentioned the success of
a recent joint PIC implementation project involving the EC and DNAs
from Argentina and Thailand, and suggested that other countries could
learn from this experience. The Ukraine said that an Eastern and
Central European implementation workshop to which parliamentarians
would be invited to attend would not only improve implementation, but
would also expedite ratification. Jamaica said that Switzerland had
agreed to sponsor an implementation workshop for English-speaking
Caribbean countries. Concurring, Switzerland noted that it was too
soon to provide any details on the meeting.
DISPUTE SETTLEMENT, ILLICIT
TRAFFICKING AND RESPONSIBILITY AND LIABILITY:
Jim Willis introduced the note "Dispute settlement, illicit
trafficking and responsibility and liability"
(UNEP/FAO/PIC/INC.8/INF/6), explaining that INC-7 had requested a
working group on illegal trafficking under the Inter-Organization
Programme for the Sound Management of Chemicals (IOMC). He said that a
preliminary meeting of the IOMC Working Group, held in August 2001,
had agreed that a broader meeting was required. Willis noted that the
meeting is tentatively scheduled for December 2001, and that the PIC
Secretariat will attempt to attract broad representation from, inter
alia, the World Health Organization, the International Labor
Organization, and the UN Institute for Training and Research (UNITAR).
Willis also noted ongoing UNEP efforts on matters of dispute
settlement, responsibility and compliance with MEAs, and noted that
draft guidelines on compliance with and enforcement of MEAs are to be
presented to an Intergovernmental Working Group of Experts on this
issue in October 2001. There were no comments from delegates on this
issue.
LOCATION OF THE SECRETARIAT: On
Monday, 8 October, presentations were given by the German government
and the Swiss/ Italian governments outlining their offers to host the
permanent Secretariat. The German Ministry for the Environment, Nature
Conservation and Nuclear Safety presented its offer to host the
permanent Secretariat in Bonn. The German government stated they would
provide: long-term, rent-free office space; a voluntary amount of DM 1
million annually to the Secretariat in addition to the obligation as a
contracting Party; DM 1 million annually for PIC events held in
Germany; and an additional DM 1 million for a relocation allowance.
Germany stressed that its offer to host a unified PIC Secretariat and
the Stockholm Convention Secretariat at one location would yield
important synergies and enhance efficiency. They said the offer for
both the PIC and Stockholm Convention Secretariats would total DM 4
million annually. They also emphasized Bonn's reputation as a city of
international prominence, and the existing presence in Bonn of several
environment-related UN agencies, organizations, and convention
secretariats, including the UN Framework Convention on Climate Change
and the UN Convention to Combat Desertification. The German government
also drew attention to its strong domestic commitment to resolving
environmental problems, peacemaking and multilateralism, underscoring
the complementary nature of the UN system and German foreign policy.
As a further demonstration of its commitment, Germany reiterated its
invitation to host INC-9.
Switzerland and Italy then made a
joint offer to host the permanent Secretariat, stating that this would
build on existing successful structures, and ensure synergies,
efficiency, cost effectiveness and convenience. Switzerland then drew
attention to the presence in Geneva of the Basel Convention
Secretariat, UNEP Chemicals, the interim Stockholm Convention
Secretariat, and 25 environmental NGOs, and said that locating the
Secretariat in Rome and Geneva was based on necessity, not on
political considerations. He guaranteed an annual contribution of
Euros 1.2 million, and an initial payment by Switzerland of Euros
100,000 to consolidate the infrastructure of the Secretariat. He
highlighted that both Italy and Switzerland house many related
international organizations, including UNEP, the FAO, the World Trade
Organization and the World Health Organization. He recalled the recent
UNEP decision on international environmental governance, which aims to
better coordinate the work of MEAs, and said co-locating the
chemicals-related conventions would help achieve this aim. He also
noted the presence of many chemicals experts, trade representatives
and missions in Rome and Switzerland.
On Friday, 12 October, Chair
Rodrigues invited delegates to clarify any outstanding issues
pertaining to the offers made by Germany and Switzerland/Italy to host
the permanent Secretariat. Egypt asked whether or not the proposals
provided implementation-related financial assistance to developing
countries. Germany replied that in the last 10 years it had provided
DM 100 million in aid to developing countries. Switzerland replied
that it was willing to discuss possible subregional implementation
workshops for developing countries and noted that in the last few
years it had provided over CHF 50 million in aid to developing
countries. Argentina drew attention to the efforts of the
international environmental governance process to establish
operational synergies within the chemicals-related MEA cluster, and
said that selection of the permanent Secretariat's location should not
impede this process. Switzerland expressed support for this viewpoint.
Germany added that the synergies should include all MEAs, not simply
those in the chemicals cluster.
STATUS OF SIGNATURE AND RATIFICATION
OF THE CONVENTION
On Friday, 12 October, Elena
Sobakina, interim Secretariat, summarized "Status of signature
and ratification of the Convention" (UNEP/FAO/PIC/INC.8/INF/1).
She noted that as of the end of September, 16 ratifications had been
deposited. She said that in preparing for INC-8, the Secretariat had
circulated letters to all Convention Signatories and countries that
did not sign the Convention requesting information on the internal
status of ratification. She explained that this survey is to be done
each year by the Secretariat, with the results to be presented to the
INC.
Nepal said it had started the
ratification process and requested UNEP to allocate funds for capacity
building for ratification and implementation. Norway announced that an
instrument of approval had been signed and should be deposited in the
near future. South Africa stated its intention to ratify the
Convention before the September 2002 World Summit on Sustainable
Development. Thailand, Italy, Niger and Madagascar said ratification
in their countries was expected in early 2002. Mexico and Argentina
said their ratification processes were underway. Rwanda stated its
intention to conclude the accession process by the end of the year.
Switzerland said its parliament had approved the ratification and that
the instrument will be deposited in due time.
OTHER MATTERS
Chair Rodrigues introduced a
document outlining Germany’s offer to host INC-9 in Bonn
(UNEP/FAO/PIC/INC.8/CRP.1). Germany explained that the government is
willing to provide up to DM 1.5 million for the session and expects
that the full cost of the conference will be met by this offer, and
suggested that the funds usually allotted for the conference can be
used for additional initiatives to help ratification and
implementation of the Convention, especially in developing countries.
Delegates welcomed the offer and agreed that INC-9 would be held from
30 September to 4 October 2002, in Bonn.
CLOSING PLENARY
On Friday, 12 October, delegates
discussed the report of the meeting, as contained in
UNEP/FAO/PIC/INC.8/L.1 and UNEP/FAO/ PIC/INC.8/L.1/Add.1. Regarding
status of implementation, the EC asked for language to reflect that
while trends regarding completed notifications were encouraging, there
was some concern about import responses, where there was an overall
response rate below 50%. He also added that in cases of failure to
transmit a response, it would be better if the Secretariat offered
assistance in accordance with Article 10(3) of the Convention. He also
suggested that the reasons for the low response rate should be
analyzed as had been done in relation to notifications.
Regarding maleic hydrazide, the EC
and China suggested stating language that all manufacturers engaged in
the international trade in maleic hydrazide, including those yet to be
identified in future, have to submit confirmations. On analysis of
problems in presenting notifications, the EC stressed the need for
language stating that, with regard to the INC-7 decision, countries
should be encouraged to prioritize notifications for those chemicals
that are not yet subject to the interim PIC procedure.
On submission of notifications for
chemicals already subject to PIC procedure, the US suggested deleting
language stating that the option of submitting full notifications
should be used until the need for a different approach becomes
evident. Regarding the section on non-compliance, Australia added text
stating that one representative supported the approach for
self-invocation outlined in the Secretariat’s paper, but did not
support invocation by another Party. Argentina asked that the results
of the compliance discussion be added into the report in time for the
meeting of experts on compliance in MEAs to be held from 22-26
October, in Nairobi.
Regarding assignment of specific
Harmonized System customs codes, Canada asked for language taking note
that one Party submitted the customs codes it used for PIC chemicals
and invited other countries to do the same.
On behalf of the Group of Latin
American and Caribbean Countries (GRULAC), Bolivia urged the interim
sessions to continue providing information in the six official UN
languages, and said all languages should be used in the main and
subsidiary bodies once the Convention enters into force. He stressed
training and institution building to motivate countries to implement
the convention. He said that GRULAC countries were continuing to
promote assessments and review of the Convention.
Nigeria, on behalf of the African
Group, introduced "The African position on issues of concern
relating to the Rotterdam Convention"
(UNEP/FAO/PIC/INC.8/CRP.15). He said the African Group hoped that the
Convention would enter into force before the World Summit on
Sustainable Development, and said that African countries would commit
to undertake the necessary steps to effect early ratification of the
Convention.
Regarding ratification, he said
African countries agreed to: prioritize the ratification of the
Convention; promptly start preparations for the implementation of the
Convention; request the interim Secretariat and countries with
necessary capacity to assist developing countries and CEITs in
ratifying the Convention; and to request the interim Secretariat to
address the issue of ratification to the African Environmental
Ministers at their meeting in November.
Regarding compliance, the African
Group called for a compliance mechanism that is both facilitative and
that creates legally binding consequences for non-compliance. He
stressed the importance of assistance in building the necessary
infrastructure, capacity, legal and regulatory framework, and
enforcement regime to implement the Convention, and said a compliance
committee should consist of a facilitative and enforcement branch.
Regarding procedures, he said countries that require assistance should
submit a "Request for Assistance" to the Secretariat, which
should include: a comprehensive implementation strategy; priorities
for support; and details of assistance required. Regarding the
monitoring of progress by a compliance committee, he said the
monitoring system should require: the Party that failed to comply with
the provisions of the Convention to submit a detailed compliance
restoration plan; and that the Party implementing the plan should
regularly report on progress. In conclusion, he expressed appreciation
to all regional bodies, particularly the EC, and gratitude to the
Secretariat, in particular Jim Willis and Niek van der Graaff.
Chair Rodrigues said the comments
made by GRULAC and the African Group would be referred to under the
section on other matters. She asked for language in the meeting report
recognizing the work carried out by Legal Working Group Chair Patrick
Szell, in particular regarding his contribution to the PIC procedure
process, noting that he was instrumental in pushing through much of
the work and in interpreting its complexity.
Delegates then adopted the report of
the meeting on the understanding that it will be modified based on
suggested oral and written amendments, and that it will reflect the
discussions held in Friday morning’s Plenary and in the working
groups.
In conclusion, Chair Rodrigues
thanked delegates for the manner in which they adhered to the
stringent and limited timetables. She also called attention to the
fact that the UN and UN Secretary-General Kofi Annan had recently
received the Nobel Peace Prize and said that in its own, small way the
INC was contributing to peace. Chair Rodrigues closed the meeting at
5:00 pm.
A BRIEF ANALYSIS OF INC-8
Delegates from 115 countries
gathered in Rome for INC-8 to continue fine-tuning the mechanics of
the Rotterdam Convention, with the session proceeding amicably as
participants made rapid progress through the agenda, keeping their
disagreements to a manageable minimum. Although the PIC process tends
to receive less fanfare and attention than most of the other more
controversial MEAs, the progress that is made with ratification of
this Convention has important connections for other international
environmental processes. As the administrative issues associated with
implementation of Convention PIC procedure are methodically resolved,
some of the core issues underlying the slow progress toward
ratification have been brought to light. This analysis will briefly
examine the connection between the developments with the Rotterdam
Convention and other global environmental processes, as well as
identifying some of the issues related to progress toward ratification
of the Rotterdam Convention.
FEEDING INTO THE INTERNATIONAL
ENVIRONMENTAL GOVERNANCE PROCESS
Reference to the UNEP international
environmental governance process cropped up during discussions on
where to locate the permanent Secretariat. Not surprisingly, both
contenders – the German government, and the Swiss and Italian
governments – lauded the benefits of hosting the Secretariat in a
city where other chemicals-related agencies or NGOs are located. The
interest in clustering the chemicals-related conventions is a likely
outgrowth of the governance process, with governments stressing the
need for coordination and synergies. This is of particular importance
in the lead-up to the World Summit on Sustainable Development (WSSD)
to be held in Johannesburg, South Africa in September 2002, where
environmental governance will be on the agenda and governments will
want to point to successful steps towards improved governance.
Along this vein, Chair Rodrigues
made clear at the outset of INC-8 her expectation that countries will
faithfully endeavor to ratify the Rotterdam Convention prior to the
WSSD. As such, in the course of formal discussion, as well in the
corridors, this became a recurring theme, yet one on which there was
seemingly no consensus. Many of the more optimistic observers
speculated that with the right combination of incentives, achieving 50
ratifications in time for the WSSD was a feasible prospect. This was
counter-balanced, however, by a larger contingent of less optimistic,
and perhaps more realistic, opinions that this will take considerably
more time to achieve. Among those brave enough to speculate, some
offered that the Convention could enter into force as early as the end
of 2003, while others suggested that an additional two years of
negotiation were required at the very least. One delegate called
attention to the number of elections in Latin American countries in
2002, which keep parliamentarians busy with other matters.
RATIFICATION ISSUES
Whatever the case, many confirmed
that the main impediment to full ratification is not unresolved issues
in the PIC process – many outstanding issues could conceivably
coexist with an operating Convention. Rather, several stated that
bringing domestic legislation and practice in line with the Convention
was a considerably tougher task and thus one that is likely to retard
the ratification process. However, one thing is for certain: as the
number of ratifications increases, so too does the incentive for other
States to ratify the Convention. Many at INC-8 said that the fear of
entering COP-1 with non-Party status was likely to catalyze the
ratification process. In any event, INC-9 has been scheduled for 30
September to 4 October 2002, a date to which most have tuned their
sights.
In addition, there were indications
from some governments that interest is more focused on ratification of
the POPs Convention, which has not only attracted more international
attention, but also gives strong financial incentives to ratify. This
is a factor lacking with the PIC Convention, and unsurprisingly, was a
strong but underlying current during the session.
DEVELOPING COUNTRIES CONTEMPLATE
RATIFICATION
Despite the extent of their
participation, many developing countries maintain reservations that
their concerns are not being met. Among these are the questions of
financial and technical assistance and capacity building. The offer by
developed countries to provide subregional implementation workshops in
developing countries and countries with economies in transition
addresses this need, in part. However, many developing countries feel
that more could be done; for instance, having suitable laboratory
space and chemical testing facilities would greatly strengthen their
participation in the PIC process, yet funds for these are not readily
available. To explain why this is so, many delegates have suggested
the difficulty in drawing a strong causal link between PIC
ratification and participation, and poverty reduction, the central
objective for most state and multilateral funding agencies.
Some developing countries were also
concerned that there exists insufficient momentum inside the PIC
process to more seriously examine the issue of illicit trafficking in
chemicals and pesticides. Notwithstanding the efforts by the PIC
Secretariat to generate this momentum, the failure to address this
issue is likely to have measurable consequences in developing
countries, particularly as much of the illegal trade in hazardous
substances is destined for these regions.
A different perspective was offered
by one developing country representative, who suggested that
developing countries themselves were partly responsibility to blame as
they were not taking sufficient advantage of the available resources.
While acknowledging that capacity was a problem, she stressed that
lack of coordination between ministries was also a significant
constraint. To rectify this issue, some were taking the initiative and
tracking down the necessary information about ratification from the
FAO Legal Office, in particular. Also encouraging was the strong
presence of first-time delegates, gathering information to inform
their governments about the importance of the Convention and its
ratification.
With many of the more technical
issues resolved at this session of the INC, there is ample opportunity
for these issues to be addressed at future sessions and for
advancement toward entry into force of the Convention, and, in the
bigger picture, for further contributions to the global environmental
policy arena. This tone was aptly punctuated when, at the close of
INC-8, Chair Maria Celina de Azevedo Rodrigues offered a word of
inspiration after learning that UN Secretary-General Kofi Annan and
the United Nations had received the 2001 Nobel Peace Prize.
"However small," she said, "the PIC process is
contributing to peace."
THINGS TO LOOK FOR
FIRST INTERGOVERNMENTAL MEETING OF
EXPERTS TO DEVELOP GUIDELINES ON COMPLIANCE AND ENFORCEMENT OF MEAS: This
meeting will be held from 22-26 October 2001, in Nairobi, Kenya. For
more information, contact: D. Kaniaru, UNEP Division on Environmental
Policy and Implementation (DEPI); tel: +254-2-62-3507; fax:
+254-2-62-4249; e-mail: donald.kaniaru@unep.org; Internet:
http://www.unep.org
17TH ANNUAL INTERNATIONAL CONFERENCE
ON CONTAMINATED SOILS, SEDIMENTS AND WATER: This
conference will be held from 22-25 October 2001, in Amherst,
Massachusetts, US. Topics to be covered include bioremediation,
chemical analysis, cleanup standard setting, environmental fate and
modeling, hazard exposure and risk assessment, hydrocarbon
identification and innovative technologies. For more information,
contact: Denise Leonard, University of Massachusetts; tel:
+1-413-545-1239; fax: +1-413-545-4692; e-mail: info@UMassSoils.com;
Internet: http://www.umasssoils.com/papers.htm
OECD/UNEP WORKSHOP ON THE USE OF
MULTIMEDIA MODELS IN SCREENING PBTS/POPS FOR OVERALL PERSISTENCE AND
LONG-RANGE TRANSPORT: This meeting is
scheduled to be held from 29-31 October 2001, in Ottawa, Canada. For
more information, contact: UNEP Chemicals (IRPTC); tel:
+41-22-917-8193; fax: +41-22-797-3460; e-mail: pops@unep.ch;
Internet: http://irptc.unep.ch/pops/
INTERNATIONAL WORKSHOP ON
ENVIRONMENTAL RISK ASSESSMENT OF PESTICIDES AND INTEGRATED PESTICIDE
MANAGEMENT IN DEVELOPING COUNTRIES: This
workshop will take place from 6-9 November 2001, in Katmandu, Nepal.
The workshop will cover all aspects of pesticides and their
agricultural use. For more information, contact: Dr. A. Herrmann,
Technical University Braunschweig, Germany; tel: +49-531-391-5607;
fax: +49-531-391-8170; e-mail: ipmktm@tu-bs.de; Internet:
http://www.tu-bs.de/institute/igg/physhyd/workshop.html
EXPERT MEETING ON TERMITE
MANAGEMENT: This meeting is scheduled to be
held from 14-16 November 2001, in Geneva, Switzerland. For more
information, contact: UNEP Chemicals (IRPTC); tel: +41-22-917-8193;
fax: +41-22-797-3460; e-mail: pops@unep.ch; Internet:
http://irptc.unep.ch/pops/
WORKSHOP TO PROMOTE SUSTAINABLE
ALTERNATIVES TO POPS PESTICIDES: This
workshop is tentatively scheduled to take place in East Africa from
19-22 November 2001. For more information, contact: UNEP Chemicals
(IRPTC); tel: +41-22-917-8193; fax: +41-22-797-3460; e-mail: pops@unep.ch; Internet:
http://irptc.unep.ch/pops/
SECOND SESSION OF THE SUB-COMMITTEE
OF EXPERTS ON THE GLOBALLY HARMONIZED SYSTEM OF CLASSIFICATION AND
LABELING OF CHEMICALS: This meeting is being
held from 12-14 December 2001, in Geneva, Switzerland. Subsequent
meetings of the Sub-Committee are scheduled to take place on 12 July
and in December of 2002. For more information, contact the UNECE
Trasnport Division, tel: +41-22-907-2401;
fax: +41-22-917-0039 / 89; Internet: http://www.unece.org/trans/
main/dgdb/dgsubc4/c4age.html
THIRD MEETING OF THE INTERIM
CHEMICAL REVIEW COMMITTEE (ICRC-3): ICRC-3
is expected to meet from 18-22 February 2002, in Geneva, Switzerland.
For more information, contact: Gerold Wyrwal, FAO; tel:
+39-6-5705-2753; fax: +39-6-5705-6347; e-mail: gerold.wyrwal@fao.org;
or Jim Willis, UNEP Chemicals, Geneva; tel: +41-22-917-8111; fax:
+41-22-797-3460; e-mail: chemicals@unep.ch;
Internet: http://www.pic.int/
SIXTH SESSION OF THE POPS
INTERGOVERNMENTAL NEGOTIATING COMMITTEE: The
sixth session of the Intergovernmental Negotiating Committee for an
International Legally Binding Instrument for Implementing
International Action on Certain Persistent Organic Pollutants (POPS
INC-6) will be held from 17-22 June 2002, in Geneva, Switzerland. For
more information, contact: UNEP Chemicals (IRPTC); tel:
+41-22-917-8193; fax: +41-22-797-3460; e-mail: pops@unep.ch;
Internet: http://irptc.unep.ch/pops/
JOINT FAO-WHO MEETING ON PESTICIDE
RESIDUES: The 27th Session of 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)
is scheduled for 20-29 September 2002, in Rome, Italy. For more
information, contact: Amelia Tejada, FAO; tel: +39-6-5705-4010; fax:
+39-6-5705-6347; e-mail: Amelia.Tejada@fao.org;
Internet: http://www.fao.org/waicent/FaoInfo/Agricult/AGP/AGPP/Pesticid/Events/c.htm
FAO PANEL OF EXPERTS ON PESTICIDE
SPECIFICATIONS, REGISTRATION REQUIREMENTS, APPLICATION STANDARDS AND
PRIOR INFORMED CONSENT: The 19th session of
the Panel is scheduled for 27-29 October 2002, in Rome, Italy. For
more information, contact: Gero Vaagt, FAO; tel: +39-6-5705-5757; fax:
+39-6-5705-6347; e-mail: Gero.Vaagt@fao.org;
Internet: http://www.fao.org/waicent/FaoInfo/Agricult/AGP/AGPP/Pesticid/Events/c.htm
PIC INC-9: The
ninth session of the Intergovernmental Negotiating Committee for an
International Legally Binding Instrument for the Application of the
Prior Informed Consent Procedure for Certain Hazardous Chemicals and
Pesticides in International Trade is tentatively scheduled for 30
September to 4 October 2002, in Bonn, Germany. For more information,
contact the interim Secretariat: Niek van der Graaff, FAO; tel:
+39-6-5705-3441; fax: +39-6-5705-6347; e-mail: Niek.VanderGraaff@fao.org;
or Jim Willis, UNEP Chemicals; tel: +41-22-917-8111; fax
+41-22-797-3460; e-mail: chemicals@unep.ch;
Internet: http://www.pic.int/
BASEL CONVENTION COP-6: The
sixth Conference of the Parties (COP-6) to the Basel Convention is
scheduled to be held from 9-13 December 2002 in Geneva, Switzerland.
For more information, contact: Secretariat of the Basel Convention;
tel: +41-22-979 8218; fax: +41-22-797 3454; e-mail: bulskai@unep.ch;
Internet: http://www.unep.ch/basel
FOURTH SESSION OF THE
INTERGOVERNMENTAL FORUM ON CHEMICAL SAFETY (IFCS): FORUM
IV is scheduled to be held in Thailand in 2003, with FORUM V taking
place in Hungary in late 2005 or 2006. For more information, contact:
the IFCS Executive Secretary; tel: +41-22-791-3650; fax:
+41-22-791-4875; e-mail: ifcs@who.ch;
Internet: http://www.who.int/ifcs |