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Prior Informed Consent (PIC) The Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade is an international procedure that: Helps participating countries learn more about the characteristics of certain potentially hazardous chemicals and certain severely hazardous pesticide formulations that may be exported to them; Initiates a decision making process on the future import of these chemicals and formulations by the countries themselves and facilitates the dissemination of these decisions to other countries; and Requires exporting countries to comply with the
decisions. The core of the Rotterdam Convention is information exchange. Rotterdam Convention: negotiations and state of
play These concerns led to the development of the voluntary Prior Informed Consent (PIC) procedure in 1989, which was embodied in the Food and Agriculture Organization's International Code of Conduct on the Distribution and Use of Pesticides and the United Nations Environment Programme's London Guidelines for the Exchange of Information on Chemicals in International Trade. This PIC procedure was voluntary and unanimously accepted by member countries of the Food and Agriculture Organization and the United Nations Environment Programme, and was supported by the leading chemical industry associations and a variety of non-governmental organisations. Responding to calls in a number of international fora, including the 1992UN Conference on Environment and Development, at a Food and Agriculture Organization Council meeting held in 1994, and a United Nations Environment Programme Governing Council meeting held in 1995, it was agreed that negotiations would begin for a draft Convention. The Rotterdam Convention was adopted and opened for signature at a Diplomatic Conference held in September 1998, after the conclusion of three years of negotiations. At the Diplomatic Conference, it was decided that a new interim voluntary PIC procedure would replace the pre-existing voluntary arrangements until the Convention entered into force, in order to enable continuation of PIC activities during this period. This interim procedure mirrors the PIC procedure contained in the Convention itself. Australia is a participant in the interim PIC arrangements. Prior to entry into force of the Convention, governments are undertaking further work to prepare for decisions that have to be taken by the Conference of the Parties. Australia signed the Convention in July 1999, adding to the more than 70 signatories to the Convention. 50 ratifications are required for the Convention to enter into force. At least 40 countries have ratified the Convention and the United States and a number of other countries have begun considering ratification of the Rotterdam Convention. Chemicals included in the Rotterdam Convention Chemicals currently subject to the Interim PIC Procedure
(May 2002) Pesticides 2,4,5-T 93-76-5 * Chemicals added during the interim procedure Chemicals can be included (ie listed in Annex III) in the use categories of either industrial chemicals or pesticides, or in both categories. If a chemical has both industrial and pesticide use, it will only fall under the PIC procedure for the use category(s) for which it is listed. The Convention excludes narcotic drugs and psychotropic substances, radioactive materials, wastes, chemical weapons, pharmaceuticals (including human and veterinary drugs), chemicals used as food additives, food, and small quantities of chemicals (not likely to affect human health or the environment) which are imported for research, analysis or personal use. Addition of chemicals to Annex III As a first stage, a notification of a chemical is made by an individual Party that has made an explicit national hazard/risk based decision to ban or severely restrict the chemicalin order to protect human health or the environment within its jurisdiction. Notifications must be received from at least one Party in two defined geographical regions before any consideration is given to the chemical being included in Annex III of the Convention. Developing countries or countries with an economy in transitionmay also nominate severely hazardous pesticide formulations that are causing health or environmental problems in their territory. Only one nomination is needed for this category. After checking by the Secretariat to ensure that all necessary information has been received from the nominating countries, the notifications are examined by an expert group against the criteria for listing, including: whether the regulatory action was to protect human health or the environment; that the notifying Party undertook a risk evaluation meeting Convention requirements; whether the regulatory action was sufficiently broad based to merit listing; and that intentional misuse is not sufficient in itself. The expert group then recommends to the Conference
of the Parties whether or not the chemical should be added to Annex
III of the Convention. For chemicals where listing is recommended, the
expert group also prepares a draft Decision Guidance Document (DGD).
This is an information package on the chemical and includes the rationale
for the bans or severe restrictions in the notifying countries. If the
recommendation for listing and the draft DGD are approved by the Conference
of the Parties, the chemical is added to Annex III to A similar, but slightly modified procedure, operates for the listing of severely hazardous pesticide formulations. Before the Convention enters into force, the work of the Conference of the Parties and the expert group is being carried out by interim bodies with similar responsibilities. Chemicals can be removed from the Convention if new
information indicates that the listing may no longer be justified. The
expert group reviews the information and, if it decides on the basis
of this to recommend that a chemical be removed, prepares a revised
draft DGD and essentially the same procedure is then followed as for
adding a chemical to the Convention. Further information about the Convention and interim
arrangements can be found Persistent Organic Pollutants (POPs) Many developed countries, including Australia, have taken strong measures to reduce and eliminate releases of POPs. However, many developing countries still use and produce POPs, for instance in agriculture and vector management associated with disease control. In addition, stockpiles of unwanted POPs exist in many parts of the world. In developed and developing countries, some infrastructure and equipment (such as electrical transformers and capacitors) contain POPs. Stockholm Convention: negotiations and state of
play Australia and over 150 other countries have signed the Stockholm Convention. At least 30 countries have ratified the Convention and the United States and a number of other countries have begun considering ratification. 50 ratifications are required for the Convention to enter into force. It is possible that this Convention could obtain the 50 ratifications required for entry into force by 2003. Prior to entry into force of the Convention, governments are undertaking further work to prepare for decisions that have to be taken by the Conference of the Parties. POPs included in the Stockholm Convention The Stockholm Convention will initially cover control measures on twelve POPs - DDT, aldrin, dieldrin, endrin, chlordane, heptachlor, hexachlorobenzene, mirex, toxaphene, polychlorinated biphenyls, dioxins and furans - identified for international action because of their persistence, bioaccumulation, long-range dispersion and toxicity. The initial twelve POPs The Convention also includes provisions for further chemicals with similar toxic, persistent and bioaccumulative properties to be added to the twelve existing POPs after a science-based review and assessment process and a decision by the Conference of the Parties. Article 8 and its related annexes include a science-based process for assessing chemicals nominated for addition to the Convention. When considering nominated chemicals (and possible control measures), the Conference of the Parties will attempt to make decisions by consensus, and if this fails by a three-quarter majority. If a decision is taken by the Conference of the Parties that a chemical should be added to the Convention, Parties then decide individually whether or not to take on obligations associated with the new chemical. Further information the Stockholm Convention can be found on the following internet sites: United Nations Environment Program (UNEP) Stockholm Convention on persistent organic pollutants (http://irptc.unep.ch/pops/default.html) Earth Negotiations Bulletin |