A Consolidated Guide to the Chemical Codes and Conventions

MANUAL

INTERNATIONAL TOOLS FOR PREVENTING LOCAL PESTICIDE PROBLEMS: A CONSOLIDATED GUIDE TO THE CHEMICAL CODES & CONVENTIONS E d i t e d b y G re t t a G o l d e n m a n a n d E s t h e r Po zo Ve r a E u ro p e a n C e n t re o n S u s t a i n a b l e Po l i c i e s fo r H u m a n a n d E n v i ro n m e n t a l R i g h t s

International Tools for Preventing Local Pesticide Problems: A Consolidated Guide to the Chemical Codes & Conventions ABBREVIATIONS USED ACKNOWLEDGEMENTS 1.

Introduction

1.1. WHY A CONSOLIDATED GUIDE?

1 1

1.2. WHO IS THIS GUIDE FOR?

3

1.3. WHAT IS AND WHAT IS NOT IN THIS GUIDE

4

2.

7

How to Use the Guide

2.1. SUGGESTIONS FOR GOVERNMENT OFFICIALS

7

2.2. SUGGESTIONS FOR THE PESTICIDE INDUSTRY, INCLUDING COMMERCIAL USERS

8

2.3. SUGGESTIONS FOR FARMERS & AGRICULTURAL WORKERS

8

2.4. SUGGESTIONS FOR THE PUBLIC HEALTH COMMUNITY

9

2.5. SUGGESTIONS FOR COMMUNITY GROUPS, INCLUDING ENVIRONMENTAL NGOS

9

2.6. SUGGESTIONS FOR JOURNALISTS

10

3.

11

An Overview of the Codes & Conventions Covered in this Guide

3.1. A BRIEF HISTORY OF INTERNATIONAL CHEMICALS AGREEMENTS 3.2. THE VOLUNTARY AGREEMENTS

11 13

3.2.1.

International Code of Conduct on the Distribution and Use of Pesticides

15

3.2.2.

WHO Pesticide Evaluation Scheme

16

3.2.3.

The Globally Harmonised System for Classification & Labelling (GHS)

16

3.2.4.

UN Recommendations on Transport of Dangerous Goods

17

3.2.5.

Codex Alimentarius & the Joint FAO/WHO Meeting on Pesticide Residues

18

3.2.6.

Agenda 21, Chapter 19

19

3.2.7.

Strategic Approach to International Chemicals Management (SAICM)

20

3.2.8.

Global Mercury Partnership

21

3.3. THE BINDING AGREEMENTS

23

3.3.1.

The Rotterdam (PIC) Convention

23

3.3.2.

The Stockholm Convention on Persistent Organic Pollutants (POPs)

24

3.3.3.

The Montreal Protocol on Ozone-Depleting Substances

25

3.3.4.

The Basel Convention on Transboundary Movements of Hazardous Wastes

26

3.3.5.

The ILO conventions on protection of workers using chemicals

27

3.3.6.

The International Plant Protection Convention

28

3.3.7.

The conventions on protection of biodiversity

3.4. THE REGIONAL AGREEMENTS

29 30

3.4.1.

Comité Sahélien des Pesticides (CSP)

30

3.4.2.

The regional agreements on movements of hazardous waste

30

3.4.3.

The REACH Regulation & the EU regulatory framework for pesticides

31

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Contents

4.

Implementing the Codes & Conventions to Prevent Pesticide Problems

33

4.1. WHAT IS IMPLEMENTATION?

34

4.2. CROSS-CUTTING ELEMENTS FOR BASIC CHEMICALS & PESTICIDES REGULATION

36

4.2.1.

Assessment & classification of chemicals, including pesticides

37

4.2.2.

Hazard communication (symbols, labelling, safety data sheets)

40

4.2.3.

Authorisation & de-authorisation (bans)

44

4.2.4.

Data collection & management, including registries

46

4.2.5.

Regulatory structures for protection of human health from chemical impacts

48

4.2.6.

Regulatory structures for protection of the environment from chemical impacts

49

4.2.7.

Good governance in the context of chemicals regulation

50

4.2.8.

International information exchange & coordination of national reporting

54

4.3. CONTROLS DURING THE PESTICIDE ‘LIFE CYCLE’

5.

Manufacturing/formulation

56

4.3.2.

Crossborder trade

61

4.3.3.

Distribution & marketing within the territory

64

4.3.4.

Controls during use

70

4.3.5.

Protecting farmers and agriculture

70

4.3.6.

Disposal of waste

77

4.3.7.

Inspection and enforcement

80

Phasing in the Chemicals Codes & Conventions

5.1. STEP-WISE APPROACH FOR PHASING IN THE CHEMICALS CODES & CONVENTIONS

83 83

5.1.1.

Phase 1: Defining the country situation

83

5.1.2.

Phase 2: Plan for implementing the international obligations

86

5.1.3.

Phase 3: Implementation

87

5.2. HORIZONTAL CUTTING ISSUES

6.

56

4.3.1.

88

5.2.1.

Stakeholder consultation & participation.

88

5.2.2.

Awareness raising

88

5.2.3.

Monitoring & evaluation (feedback mechanism)

89

Where to Get Assistance for National Efforts

6.1. INTERNATIONAL SOURCES

91 91

6.1.1.

Global Environment Facility

91

6.1.2.

SAICM Quick Start

92

6.1.3.

UNITAR

93

6.1.4.

FAO

94

6.1.5.

World Bank.

94

6.1.6.

European Union

95

6.2. BILATERAL DONORS

95

6.2.1.

Sweden

96

6.2.2.

Denmark

97

6.2.3.

USA

97

6.2.4.

Japan/OTHER

97

6.3.1.

PAN International

98

6.3.2.

Private foundations

98

6.3.3.

International charities

98

6.3. OTHER

I n t e r n a t i o n a l To o l s f o r P r e v e n t i n g L o c a l P e s t i c i d e P r o b l e m s : A Consolidated Guide to the Chemical Codes & Conventions

Annex I:

Checklists for Implementation

iii

99

1.

STATUS OF THE MAIN CHEMICALS CONVENTIONS & OTHER RELEVANT INSTRUMENTS

99

2.

LEGISLATION TO IMPLEMENT THE CHEMICALS CONVENTIONS & CODES

100

3.

ADMINISTRATIVE STRUCTURES

107

4.

TECHNICAL CAPACITY OF KEY STAKEHOLDERS

112

Annex II:

Source Guide

115

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ABBREVIATIONS USED ADN

European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways

ADR

European Agreement concerning the International Carriage of Dangerous Goods by Road

ASP

African Stockpiles Programme

BAN

Basel Action Network

BAT

Best available techniques

BEP

Best environmental practices

C170

Convention on Safety in the Use of Chemicals at Work (ILO)

C184

Convention on Safety and Health in Agriculture (ILO)

CAC

Codex Alimentarius Commission

CBD

Convention on Biological Diversity

CCPR

Codex Committee on Pesticide Residues

CG/HCCS

Coordinating Group for the Harmonization of Chemical Classification Systems

CILSS

ComitĂŠ Inter-Etate pour la Lutte contre la SĂŠcheresse au Sahel (Permanent Inter-State Committee for Drought Control in the Sahel)

CPM

Committee on Phytosanitary Measures

CWC

Chemical Weapons Convention

CXL

Codex maximum residue limit

DDT

Dichloro-Diphenyl-Trichloroethane

DGD

Decision guidance document (under the Rotterdam Convention)

DNA

Designated national authority

ECHA

European Chemicals Agency

ELV

Emission limit value

EQS

Environmental quality standard

EU

European Union

FAO

Food and Agriculture Organisation of the United Nations

GAP

Good agricultural practice

GEF

Global Environment Facility

GHS

Globally Harmonised System for Classification and Labelling of Chemicals

GMO

Genetically modified organism

ICAO

International Civil Aviation Organization

ICCM

International Conference on Chemicals Management (Dubai, 2006)

ICM

Integrated crop management

IFCS

Intergovernmental Forum on Chemical Safety

IHPA

International HCH and Pesticides Association

ILO

International Labour Organization

IMDG

International Maritime Dangerous Goods Code

vi

IMO

International Maritime Organization

INFOCAP

Information Exchange Network on Capacity Building for the Sound Management of Chemicals

IOMC

International Organisation for the Management of Chemicals

IPCS

International Programme on Chemical Safety

IPEN

International POPs Elimination Network

IPM

Integrated pest management

IPPC

International Plant Protection Convention

ISPM

International Standards for Phytosanitary Measures

JMPR

Joint FAO/WHO Meeting on Pesticide Residues

KEMI

Swedish Chemicals Inspectorate

MRL

Maximum residue level

NGO

Non-governmental organisation

ODS

Ozone depleting substances

OECD

Organisation for Economic Cooperation and Development

OP

Obsolete pesticide

OSPAR

Oslo-Paris Commission for Protection of the Marine Environment of the North-East Atlantic

OTIF

Intergovernmental Organisation for International Carriage by Rail

PAN

Pesticides Action Network

PCBs/PCTs

Polychlorinated biphenyls/polychlorinated terphenyls

PIC

Prior Informed Consent (focus of the Rotterdam Convention)

POPs

Persistent Organic Pollutants (focus of the Stockholm Convention)

PRTR

Pollutant release and transfer register

REACH

Regulation on Registration, Evaluation, and Authorisation of Chemicals (EU)

RID

Regulations concerning the International Carriage of Dangerous Goods by Rail

SAICM

Strategic Approach to Integrated Chemicals Management

SDS

Safety data sheet

SME

Small or medium sized enterprise

SPS Agreement Agreement on the Application of Sanitary and Phytosanitary Measures UN

United Nations

UNDP

United Nations Development Programme

UNECE

United Nations Economic Commission for Europe

UNEP

United Nations Environment Programme

UNITAR

United Nations Institute for Training and Research

UNSCETDG

UN Sub-Committee of Experts on the Transport of Dangerous Goods

WCO

World Customs Organization

WHO

World Health Organization

WHOPES

WHO Pesticide Evaluation Scheme (for public health use)

WTO

World Trade Organization

I n t e r n a t i o n a l To o l s f o r P r e v e n t i n g L o c a l P e s t i c i d e P r o b l e m s : A Consolidated Guide to the Chemical Codes & Conventions

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ACKNOWLEDGEMENTS This guide has been written as part of the project entitled “Pesticides and Poverty: Implementing the Chemical Conventions for safe and just development”, financed by the European Union and carried out by the Pesticide Action Network (PAN) UK, PAN-Africa and PAN Asia-Pacific. The purpose of the project is to assist developing countries to use the opportunity of new international initiatives on chemicals to integrate an environmental dimension into their development priorities, promote sustainable livelihoods, and tackle extensive and increasing problems caused by pesticides.

Many individuals and organisations contributed to the development and polishing of this guide, and we are grateful to each and every one of them. At the top of the list is PAN-UK and its former Executive Director, Barbara Dinham, for asking us to take on the task of drafting this guide. We are also grateful to Eloise Touni and Sheila Willis, our desk officers at PAN UK, for their astounding patience with us during the long process of bringing the guide to completion.

A very special thank you goes to Abou Thiam and Henry René Diouf, Regional Coordinator and Program Officer of PAN Africa, respectively, for many inputs into the guide. We are very grateful to the Tanzanian NGO, AGENDA and offer thanks to Prof. Jamidu Katima (Executive Chairman AGENDA) for his comments and to Bashiru Abdul Hassani for organising two workshops where the draft guide was reviewed and discussed. The first workshop in August 2005 provided direction for the outline of the guide, while the second in August 2007 provided comments on the draft itself. PAN Africa’s office in Dakar, Senegal organised a third workshop in October 2007 which also provided extensive and important input. We greatly appreciated the thoroughness and depth of the comments by all workshop participants, and we have done our best to integrate all of their contributions into the text of the guide.

We also note the very useful comments from participants in the FAO workshop on the pesticide lifecycle which took place in Durban, South Africa in June 2007.

We wish to extend our sincere appreciation also to our two excellent peer reviewers, Catherine Ganzleben and Monica Moore. Their comments were both generous and tough, and the guide has profited enormously from their insights and suggestions.

The team at Milieu Ltd’s Brussels office – our professional base – has also been amazingly supportive. We could not have finished the guide without the research and other contributions of Madalina Caprusu, Charlotte Necking, Sophie Vancauwenbergh, Nathy Rass-Masson, Valerie Votrin, Tony Zamparutti, Maria Domenica Cugnidoro, and Allison Herr.

Finally, our thanks go to our fellow members of ECOSPHERE (European Centre on Sustainable Policies on Human and Environmental Rights) in Brussels for backing us up during this process. In particular, we would like to acknowledge the steady support of Catherine Wattiez, whose own work to strengthen policies on pesticides management has been a constant inspiration to us, as well as the intellectual contributions to pesticide regulation of Marc Pallemaerts over the years.

Throughout our work on this guide, we have continuously marvelled at the dynamic and rapidly evolving field of international pesticides management, and the impossibility of covering all of the issues that deserve attention.

Nonetheless, we hope that readers of the guide will find it a resource of value in their own efforts to improve pesticides management, and we welcome any feedback and suggestions for improving subsequent editions of the guide.

Gretta Goldenman and Esther Pozo Vera Brussels, February 2008

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INTRODUCTION

01

This guide aims to be a concise overview of the landscape of international chemicals legislation. It is intended to serve as a practical guide for governments that are still building capacity to manage pesticides and other chemicals safely, and for concerned citizens who wish to support these efforts out of concern for the impacts of various chemicals on human health and the environment.

The guide aims to provide the average official and/or layperson with an operational idea of what needs to be in place on national, regional and local level in order to implement the international obligations in the chemicals conventions. It focuses on those codes and conventions set in place to address problems related to pesticides and other chemicals used in daily life.

The concept of the “pesticide life-cycle” is one of the main organising principles of the guide. The “pesticide lifecycle” begins at the point of manufacture of the active pesticidal substance and continues with its formulation into a product and the promotion, distribution and sale of that product. The product is then stored and used, and at the end of the life cycle any emptied containers and unwanted products must be disposed. The guide shows how the international obligations are linked to key points in the “pesticide life-cycle” and describes what needs to be in place in terms of legislation, technical infrastructure and human capacity in order to implement the obligations in practice.

1.1. WHY A CONSOLIDATED GUIDE? The last two decades have witnessed a proliferation of international agreements related to the management of chemicals. Some are aimed at addressing specific problems arising from the international trade of pesticides and hazardous wastes, such as differences in levels of protection among countries or obstacles to trade for chemicalrelated products. Other international agreements deal with worker safety issues or with dangerous goods being transported by road, rail, air or ship. And then there are the agreements aimed at dealing with transboundary impacts from chemicals released into the environment.

Some of these international agreements are binding on the countries that have agreed to be Parties to them. Others are voluntary in nature, intended as guidance for governments, industry, civil society and other key stakeholders.

Some are global in scope while others were developed for specific regions, such as sub-Saharan Africa or Europe.

Chemical pesticides occupy a particularly important place in the international chemicals management regime because they are toxic to living organisms, but intentionally dispersed in the environment in large amounts. Designed specifically to kill life forms considered to be “pests”, they can have unintended negative impacts on benign and even useful organisms, and can be extremely harmful to human health. Approximately 1000 active pesticidal ingredients are marketed in tens of thousands of combinations (formulations). Measures to prevent unwanted impacts from these chemicals are therefore essential.

In developing countries, where resources for enforcement are limited or non-existent and the conditions of use are inappropriate or contraindicated, adverse effects on the environment and health from chemical pesticides are magnified. Although almost all governments have adopted policies to control pesticide problems, implementation is limited. Among the 1.2 billion of the world’s poorest people, 75% live and work in rural areas, and an increasing proportion use pesticides without safeguards against their effects on the environment, biodiversity or their own health.

2

Introduction

Most of these pesticide users lack information and training, and are ill-equipped to avoid hazards. They often use older products because they are cheaper, but these are also frequently more hazardous and more likely to be the subject of international concern. Empty containers or residual liquids from spraying are frequently thrown into watercourses or buried. Monitoring of soil, water or food residues is absent or limited. For all these reasons, those living near and working with pesticides in poor rural areas of the world are at greatest risk from the health effects of these chemicals.

The international chemicals conventions establish a number of obligations that are binding on those countries that are Parties. In addition, there are the voluntary agreements, such as SAICM (Strategic Approach to International Chemicals Management), currently being developed under the auspices of the United Nations (UN).1 Among these, the Code of Conduct on the Distribution and Use of Pesticides2 (“Code of Conduct�), remains the most comprehensive international voluntary instrument aimed at curbing risks to human health and the environment from pesticides.

Because the various international agreements are focused on different aspects of chemicals management, responsibility for implementation at national level is usually divided among a range of authorities. This has led to a fragmentation of chemicals management in many countries. Agricultural ministries looking for measures to protect crops from pests may not be aware of the health problems linked to certain chemicals that have been reported to national health authorities. Environmental officials concerned about threats to biodiversity from pollution may have little information about the chemicals in use by local industry and agriculture. Moreover, global efforts to prevent unwanted impacts from chemicals must continually take on additional challenges in response to new scientific information and changing socio-economic conditions.

The patchwork of international agreements may create particular problems for developing countries. Whereas most countries have some form of pesticide registration system in place, many developing countries lack effective regulatory and administrative systems for basic chemicals management. Many countries do not have the national coordinating mechanisms or safety standards to adequately protect health and the environment, let alone sufficient resources to address such problems as stockpiles of obsolete pesticides and other hazardous chemicals.

Where resources for governance are scarce, governments must prioritise which international obligations to implement and where to allocate scarce resources. This makes it especially important to have an overview of the different international agreements and how they link together to support the safe management of pesticides and other chemicals.

Governments can achieve efficiencies if they take account of the significant synergies that exist across the various international agreements. Governments that integrate the obligations of the chemicals codes and conventions into an overall chemicals regulatory framework can achieve gains in the effectiveness of their national chemicals management system, with concurrent benefits for national public health and environmental quality. For example, it can be efficient to set in place administrative structures that serve more than one purpose – basic systems such as databases of chemicals produced/used/imported/exported in the country can help meet requirements under several international agreements at the same time.

This guide reviews the various codes and conventions set in place to address problems related to pesticides and other chemicals. It is not intended to replace the detailed guides developed at international level which focus on specific chemicals conventions, and it recognises the current efforts underway through the secretariats of the chemicals conventions to identify synergies,3 particularly with respect to the Stockholm Convention on Persistent Organic Pollutants,4 the Rotterdam Convention on the Prior Informed Consent Procedure (PIC) for Certain Hazardous Chemicals and Pesticides in International Trade5 and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.6 However, many of the resulting guidance documents still lack an overall view of integrated chemicals management7 and the role of the international instruments in an effective pesticides control system.

This guide is intended as a contribution toward such an overview. Though it focuses on pesticides management, it can also be used to gain understanding of the key elements for a general regulatory framework for chemicals management (see Section 4.2), an important element of adequate pesticides management.

1

http://www.chem.unep.ch/saicm/.

2

http://www.fao.org/DOCREP/005/Y4544E/Y4544E00.HTM.

3

1.2. WHO IS THIS GUIDE FOR? This guide is for anyone with an interest in more effective management of chemicals, including pesticides. This would include government decision makers involved in making policy choices related to chemicals, with a specific focus on pesticides. The guide provides an overview of the international obligations and the measures needed to implement them at national level, so that decision makers will have a better understanding of the need for certain legislative frameworks and administrative structures. By enabling decision makers to identify those structures that represent the building blocks of chemicals management at the national level, it can support the implementation of more than one agreement. It is hoped that this improved understanding will allow for more coherent and effective implementation and more targeted use of limited resources.

The guide is also aimed at the line officials in the competent authorities (including designated national authorities and focal points) who are assigned responsibility for carrying out the various international obligations related to pesticides. It is important for these people to have a broad view of how their responsibilities and functions fit into an overall system of chemical management, so that they can coordinate with their counterparts in other ministries to identify and address any gaps in legislation and implementation.

At the regional and local levels, this guide is also addressed to the government officials responsible for dayto-day implementation of the pesticides management regulations. These include the labour and phytosanitary inspectors, as well as the customs officials responsible for controlling cross-border traffic. Often these officials are also users of chemicals, such as public health workers involved in vector control and public works staff who use pesticides in their maintenance work. Researchers involved in increasing human knowledge concerning ways to increase agricultural productivity and at identifying unwanted impacts from chemicals can also benefit from having an overview of the international framework.

Other potential audiences for this guide include those who work in the pesticide industry. Industry is a key stakeholder in achieving sustainable chemicals management and many of the international obligations are addressed directly to this broad sector. Manufacturers, importers, and formulators of pesticides need to be particularly familiar with the provisions of the chemicals codes and conventions and how to implement these international commitments in practice. Distributors and retailers also have very important responsibilities during the life cycle of pesticides and other chemicals. Ideally, this will lead to more responsible commercial practices, e.g., compliance with the standards set forth in the Code of Conduct, particularly by those involved in the promotion and sale of pesticides. Indeed, there is a need for solid public private partnerships at local, national, regional and international level, in order to reduce risks from the manufacture and use of chemicals.

Especially important are the persons who train people working with and applying pesticides – whether pesticide industry workers, farmers, or other pesticide applicators. Many of the international obligations and standards are aimed at protecting the health of those who may come into contact with pesticides and other chemicals through their work. The international conventions ensure access to information, e.g., on the risks associated with specific chemicals and necessary precautions to take (including protective equipment) to ensure workers health and safety. But in many cases, this access is not implemented. Trade union representatives can inform workers of their right of access to information on how to protect themselves and pass this demand up the value chain to pesticide producers.

3

The Ad Hoc Working Group http://ahjwg.chem.unep.ch/ website provides information on enhanced cooperation and coordination between the Basel, Stockholm and Rotterdam Conventions.

4

www.pops.int/.

5

www.pic.int/.

6

http://www.basel.int/.

7

The first international initiative that considers chemicals from an overarching perspective is the Strategic Approach to Integrated Chemicals Management

(SAICM). However, as previously mentioned the SAICM is still under development.

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Introduction

Similarly, workers representatives and trainers (e.g., NGOs, chemical industry trainers, agricultural extension services working with communities and small farmers, veterinary workers) may use this guide to help farmers and others affected by pesticides to understand why certain pesticides have become a global concern because of their persistence and ability to bio-accumulate in the environment, or because of the severe risks they may pose to human health. This in turn will allow farmers to make more informed choices to protect themselves and others, including measures to reduce their dependency on chemical means of pest control.

Finally, the guide is aimed at civic society – especially at the non-governmental organisations (NGOs) involved in protection of human health and the environment and at the public at large. NGOs often have access to communities at the grass roots level and as such may have knowledge of practical problems before such problems come to national or international attention. They can undertake initiatives with local communities independently from government, as well as in partnership with the private sector and local governments. Awareness of the obligations in the international chemicals conventions will enable NGOs and other concerned citizens to work more effectively with their governments to set in place the regulatory systems and other measures needed to prevent unintended negative impacts from pesticides and other chemicals.

1.3. WHAT IS AND WHAT IS NOT IN THIS GUIDE This guide starts with a few suggestions concerning how various stakeholders may find this guide useful (Section 2).

It then provides an overview of the key international chemicals agreements (Section 3), including web links to more detailed information.

The heart of the guide is Section 4 on implementation of the conventions and codes. It uses the concept of the pesticide ‘life cycle’ to show how the various international obligations fit together into an overall governance scheme for chemicals management, including management of pesticides. It provides tips for government in how to achieve chemicals management goals through legislative and practical actions. It also identifies opportunities for NGOs to be active in pushing for more effective pesticides management.

Section 5 discusses how to plan and carry out a comprehensive programme to implement the international obligations at national, regional and local levels and emphasises the importance of stakeholder consultation and participation.

This is followed in Section 6 by a review of some of the financial and other resources available to support governments and other stakeholders in developing countries in their efforts to make their chemical governance systems more effective.

Annex I provides a series of checklists that are intended to be used to assess the status of a country’s regulatory systems, administrative structures and technical capacity for effective management of pesticides and other chemicals.

These can be useful in the process of assessing the national situation or during follow-up monitoring and evaluation.

Finally, Annex II is a guide to the many other resources on implementing the chemicals conventions and codes. It provides internet links where those are available. Although the guide forms a unity, sections can be read separately if there is a need for particular information.

5

It is also important to note what is not in this guide. In order to keep the focus of the guide on the international chemicals codes and conventions, a number of very important pesticides-related topics of international interest were not able to be addressed. For example, the guide does not consider the Chemical Weapons Convention.8 Other significant issues not covered in this guide but which form important context for the international chemicals agreements include: •

The links between poverty and pesticides, e.g., since the dirtiest and most dangerous jobs typically go to the poor, who cannot afford safety equipment or to complain about working conditions, it is the poor who suffer the most serious negative health impacts from direct or indirect exposure to dangerous chemicals.

•

The link between the pesticides industry and the global promotion of certain genetically modified (but pesticide-dependent) organisms, which is contributing to an increase in the use of pesticides around the world;

•

The many alternatives to chemical pest control methods and the growing evidence that small organic farms are at least as productive as conventional farms;

•

The issue of food security versus food sovereignty;9

Though it has not been possible to give these issues the attention each of them deserves, the guide does provide internet links to some of the more important sources of information about these issues in the Annex II Source Guide.

8

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.

9

The concept of food security is seen as focusing on the technical aspects of how to provide adequate nutrition to hungry people; it has been criticized

Text at:http://www.opcw.org/html/db/cwc/eng/cwc_frameset.html. for emphasising production of food and distribution of surplus, thereby undermining local food production. The term food sovereignty puts those who produce, distribute and consume food at the heart of food systems and policies. It holds that, in order to protect livelihoods, jobs, people's health and the environment, food has to remain in the hands of small scale sustainable farmers and cannot be left under the control of large agribusiness companies or supermarket chains. See the 2007 Declaration of Nyéléni on food sovereignty, available at http://www.nyeleni2007.org/spip.php?article290).

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I n t e r n a t i o n a l To o l s f o r P r e v e n t i n g L o c a l P e s t i c i d e P r o b l e m s : A Consolidated Guide to the Chemical Codes & Conventions

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Introduction

HOW TO USE THE GUIDE

02

This section looks more closely at the different types of audiences identified in the previous section and how they might use this guide. For example, the needs of a government official with policy responsibilities are likely to differ from those of a lay person who is looking for a reference guide, in order to assess the actual situation in his or her community against those standards.

The subsections below give some suggestions for how different types of audiences might find the guide useful. They identify which sections might be most relevant and where a particular reader might find targeted suggestions as to how they might profit from this guide.

2.1. SUGGESTIONS FOR GOVERNMENT OFFICIALS Government officials at national level can use this guide in a number of ways: •

To get an overview of the international chemicals conventions and codes and their roles in an overall regulatory scheme for management of pesticides and other chemicals;

•

To identify synergies in the different ways that pesticides affect society and to better inform the development of national or local chemical management strategies and coordination structures;

•

To gain a deeper understanding of the other government authorities and bodies involved in chemicals and pesticides management who may have relevant responsibilities and hold important information. This can be particularly useful when it comes time to assemble information for reporting to a Convention secretariat.

•

To identify other stakeholders in chemicals management at the national level such as NGOs and industry that may work in partnership with government to management chemicals more effectively;

•

To carry out assessments of the status of the national regulatory scheme for integrated chemicals management;

•

To carry out assessments of the status of the administrative structures in place for implementing the international obligations;

•

To consider whether additional measures for pesticides management are needed, e.g., tracking and recording of pesticide-related complaints received from stakeholders to determine whether there is a problem requiring a regulatory intervention;

•

As a basis for developing national policies and guidance related to the management of pesticides and other chemicals.

Government officials at local and regional level have critical roles to play in pesticides management. This guide may encourage them to look for synergies with other local authorities and agencies (e.g., agricultural extension offices, poison control centres, environmental regional offices carrying out soil and water monitoring) and to ensure communication and information sharing. Since local and regional officials have direct responsibility for implementing, monitoring and enforcing regulatory requirements, they might find the checklists on technical capacity particularly useful.

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How to use the guide

2.2. SUGGESTIONS FOR THE PESTICIDE INDUSTRY, INCLUDING COMMERCIAL USERS Since first adopted in 1985, the Code of Conduct has been an important yardstick for the policies and practices followed by members of the pesticide industry. But many industry representatives limit their focus to their specific areas of business, whether manufacturing and formulation, distribution or sales, or commercial application, thus overlooking potential synergies and opportunities beyond these particular aspects.

This guide aims to give members of the pesticide industry an overview of the issues related to health and environment during the various phases of the pesticide life cycle, and the international agreements that have been developed to address those problems. It places the Code of Conduct in the context of the other chemicals conventions, as well as the basic elements of a sound regulatory scheme for management of pesticides and other chemicals. Industry representatives may find the guide useful in the following ways: •

To gain insight into how the obligations set forth in the Code of Conduct interrelate with those in the various international conventions dealing with chemicals management;

•

As a point of reference for internationally accepted best practices at the various stages in the pesticide life cycle;

•

To sensitise actors at all levels in the pesticide industry concerning their responsibilities to ensure safe chemicals management practices, particularly in developing countries;

•

To highlight the importance of and responsibility for transferring information on the safe transport, use and disposal of chemical substances right down the value chain to end users, including provision of adequate training tailored to specific use conditions;

•

To support more responsible product development, marketing policies and distribution systems that take account of the particular needs and vulnerabilities of grassroots users in the developing world;

•

To help identify areas where the expertise of the pesticide industry may be needed to support national and local stakeholders to tackle identified problems;

•

To identify areas where industry can undertake projects to improve chemicals management at the international, national and local level, either in isolation or in partnership with governments and NGOs.

It is important to keep in mind that the pesticide industry comprises many actors, from the large multinational corporations who manufacture and market active ingredients and formulations, to the local distributors and dealers that supply agricultural chemicals to the end users, the pesticide application companies, and so on.

2.3. SUGGESTIONS FOR FARMERS & AGRICULTURAL WORKERS Farmers have to make decisions about how to control pests that may be threatening their crops. Knowledge about the international chemicals conventions will help them to have a better understanding of their responsibility to make careful pest control choices for long-term health protection and agricultural sustainability. The guide provides links to sources of information related to implementation of the codes and conventions, many of which offer insights into alternative sustainable and organic pest control methods.

Agricultural extension officers and pest control advisors have a special responsibility to be aware of and integrate the international guidance that has evolved to protect people and the environment from adverse impacts from chemicals.

It is critical that they pass this information on to the farmers who rely on their guidance.

Agricultural workers can use the guide to get an overview of the role of basic health and safety at work requirements in a chemicals management scheme. The guide will also help them to gain a deeper understanding of their right to know about the risks associated with the use of pesticides and other chemicals, and to control those risks when handling chemicals in the course of their work. The guide can also be used by trade unions to identify possible partners amongst NGOs and government to improve health and safety in agricultural production.

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The public health community is on the front line of those involved in protecting human health from adverse impacts from chemical exposure. Pesticide-related poisonings and illnesses are a major, if still under recognised public health crisis in many poor countries and these international agreements may provide much needed information tools and resources on addressing this crisis.

Doctors and other health workers may find this guide useful in providing an overview of the pesticides life cycle and the various points during that cycle where human exposure may occur – e.g., the risks to workers during manufacturing, processing, transport or application, and the risks to consumers from residues on food or in water.

This may be helpful in identifying instances where adverse impacts on health are a result of chemical exposure, and where interventions may be needed to prevent further problems.

Health workers at poison centres can use the guide to identify where information in their possession should be shared with decision makers. For example, sharing information on poison incidences with other government actors involved in chemicals management can be invaluable for signalling when regulatory or other action may be needed, including at international levels. The Rotterdam Convention’s procedure for listing a severely hazardous pesticide formulation under certain conditions of use may be noted here.10 The guide can also be used as a resource in efforts to educate the public about risks related to chemicals and the importance of safety measures, such as those aimed at protection of children (child-resistant caps, locked storage) and workers (personal protection equipment requirements). The Code of Conduct and the related guidance documents available from the FAO and the WHO provide more detailed information, for the interested health worker.

For public health workers involved in control of vector-borne diseases, it is hoped that this guide will raise awareness concerning the reasons behind the international effort to eliminate DDT and other persistent organic pollutants (POPs) and to replace other categories of highly toxic pesticides used in vector control (e.g., organophosphates) with effective alternative disease prevention and control strategies.

2.5. SUGGESTIONS FOR COMMUNITY GROUPS, INCLUDING ENVIRONMENTAL NGOS This guide can be used by local communities and individual citizens to gain an overview of the many international efforts to address unwanted impacts from chemicals, including pesticides. It may be empowering for citizens to learn that they are not alone in their efforts to reduce unwanted impacts from hazardous chemicals, and to gain strength and support from connecting with those who share their goals.

Moreover, a better understanding of international standards related to chemicals management and pesticides control can help local citizens understand where accountability should lie for the problems they have identified. In particular, the checklists set forth in Annex I may be used to assess if the national regulatory system and its implementation at regional and local levels is adequate and, if not, how it might be improved.

In addition, community groups may use the guide as a resource for developing information sheets and other guidance documents for their members and the general public, in order to promote awareness and to inform them of their rights as citizens to have access to information and to be involved in decisions that affect their health and their environment.

Finally, NGOs may find the guide useful for identifying possibilities for community level projects and for identifying strategic partners in government and industry.

10

Art. 6 of the Rotterdam Convention.

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2.4. SUGGESTIONS FOR THE PUBLIC HEALTH COMMUNITY

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How to use the guide

2.6. SUGGESTIONS FOR JOURNALISTS Journalists can use this overview of the international chemicals agreements in their investigative reporting. The descriptions of the international obligations can serve as a type of measuring stick for comparing the actual situation in the field.

For example, the guide may help journalists to identify practices that are illegal according to the international conventions and the national implementing legislation. In particular, an understanding of the provisions of the Code of Conduct is essential in identifying violations in the marketing and use of pesticides– violations which unfortunately remain common in many developing countries today. The impacts on human health and the environment that may result from such violations can form the basis for important stories, increase pressure for proper implementation and build public awareness and greater accountability of officials.

Importantly, the guide can also suggest areas where positive stories of success and transformation have occurred, which can inspire and motivate those struggling to make improvements in other areas.

AN OVERVIEW OF THE CODES & CONVENTIONS COVERED IN THIS GUIDE

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This section provides a brief history of the major international agreements and mechanisms on chemicals management, including pesticides, and then gives brief descriptions of each.11 In addition to the agreements concluded within the framework of the UN, it also describes key regional agreements, such as the Bamako Convention covering shipments of hazardous waste as well as recent developments in chemicals legislation within the European Union. The descriptions provide links to each agreement’s website, where more information can be found.

Some of these international agreements and mechanisms are voluntary in nature, addressed to the various stakeholders such as governments or industry that should take the measures recommended therein. This is the case with the International Code of Conduct on the Distribution and Use of Pesticides, the main international instrument covering all aspects of pesticide management during the pesticides life-cycle.

Other international agreements are considered binding on those countries that are Parties, i.e., which have ratified or acceded to the agreements. The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade is an example of an agreement that is binding. Each agreement’s website lists the countries that are Parties and have therefore made formal commitments to implement the obligations set forth in that agreement.

3.1. A BRIEF HISTORY OF INTERNATIONAL CHEMICALS AGREEMENTS The development of international instruments to control impacts from man-made chemicals has a long history that precedes the emergence of the global environmental movement in the early 1970s. Pesticides occupied a central role within these early initiatives, in large part because of their nature (they are intended to cause harm to living organisms and are produced to be deliberately released into the environment). Furthermore, in the past 100 years, pesticides have come to be used widely in agriculture and many other economic and military activities around the world.

The first international conventions dealing with chemicals were adopted within the framework of international humanitarian law, such as the 1868 Saint Petersburg Declaration to prevent the use of incendiary substances in warfare. Another milestone was the creation of the International Labour Organisation in 1929 (ILO),12 which led to a number of instruments aimed at protecting workers exposed to chemicals during specific occupational activities, e.g., white lead used in paints.

Efforts to control problems with pesticides and other chemicals were initially adopted at national level based on consumer and health-related concerns.13 However, as the groundbreaking 1962 book Silent Spring14 made clear, pesticides also have enormous environmental impacts, including transboundary impacts requiring international action. Worth noting here is the effort of the UN Economic Commission for Europe15 to develop the UN Recommendations on the Transport of Dangerous Goods,16 first published in 1956.

In 1972, the United Nations Conference on the Human Environment17 held in Stockholm called for international cooperation in the regulation of discharges of toxic chemicals and the identification of “pollutants of 11

Note that the guide does not cover the 1992 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.

12

http://www.ilo.org/.

13

For example, US pesticide-related regulations adopted in the early 1900s set certain product standards in order to ensure product efficacy and prevent consumer fraud.

14

Carson, Rachel, Silent Spring, (Boston: Houghton Mifflin, 1962), Mariner Books, 2002.

15

http://www.unece.org/.

16

http://www.unece.org/trans/danger/publi/unrec/12_e.html.

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An overview of the codes & conventions covered in this guide

international significance.”18 The Stockholm Conference inaugurated a period of concerted international environmental action. The 1970s and 1980s saw the adoption of a number of conventions and initiatives regarding chemicals in general and pesticides in particular, both at international and regional levels.

Among these was the effort of the UN Food and Agriculture Organisation (FAO)19 to develop a voluntary code of conduct as guidance for the global pesticide industry and the national governments charged with controlling pesticiderelated risks. The International Code of Conduct on the Distribution and Use of Pesticides20 was approved in 1985 and, after revision to take account of new developments, remains the most important agreement with respect to pesticides management.

The growth in world trade in chemicals during the 1960s and 1970s led to the adoption of the London Guidelines for the Exchange of Information on Chemicals in International Trade21 by the UNEP Governing Council in 1987. The London Guidelines include provisions aimed at making existing information about hazardous chemicals more freely available, thus permitting competent authorities in countries to assess the environmental and health hazards associated with use of chemicals in their own country. In 1989, both the London Guidelines and the Code of Conduct were amended to include the Prior Informed Consent (PIC) procedure to help countries make informed decisions on the import of chemicals that have been banned or severely restricted.

In 1985 the Vienna Convention regarding Ozone Depleting Substances22 was adopted, followed in 1987 by the Montreal Protocol.23 In 1989 the Basel Convention regarding shipments of hazardous waste was adopted and in 1990 the ILO adopted its C170 Convention concerning safety in the use of chemicals at work.24 These instruments, each of which is discussed later in this chapter, tended to focus on specific substances (e.g., ozone-depleting substances) or to be media-oriented, regulating discharges into water, air or soil (e.g., the International Maritime Organisation conventions).

The 1992 United Nations Conference on Environment and Development25 in Rio de Janeiro, twenty years after Stockholm, was the occasion for adopting a more general approach to chemicals management. The Rio Summit led to the adoption of a range of principles aiming at ensuring a sustainable development. Among these and particularly relevant to the pesticides debate is the precautionary principle: “Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”26 Governments agreed at Rio to widely apply the precautionary approach, according to their capabilities, in order to protect the environment. The Rio Summit also adopted a programme for implementation known as Agenda 21.27 Chapter 14 of Agenda 21 is dedicated to sustainable agriculture and rural development and Chapter 19 to chemicals.

The Rio Summit was followed by a revamp of international action regarding chemicals and the creation of international fora and bodies focusing on chemicals management. The Intergovernmental Forum on Chemical Safety (IFCS)28 and the International Organisation for the Management of Chemicals (IOMC)29 were established to coordinate and advance efforts towards the sound management of chemicals. The IFCS is a multi-stakeholder structure bringing together national governments, intergovernmental organisations and NGOs, including from the private sector, while the IOMC coordinates the work of seven participating UN organisations. Regarding pesticides in particular, the long-awaited Rotterdam Convention on Prior Informed Consent (PIC)30 was negotiated and adopted in 1998 and the Stockholm Convention on Persistent Organic Pollutants (POPs)31 was agreed in 2001. Both entered into force in 2004.

The 2002 World Summit on Sustainable Development32 held in Johannesburg ten years after Rio, reviewed the progress made in implementing Agenda 21. It identified new concerns in the area of chemicals, in particular

17

http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=97.

18

Recommendations for Action, 48(8) & 85(a) of the Stockholm Conference, available at: http://www.unlibrarynairobi.org/PDFs/Recommendation.pdf.

19

http://www.fao.org/.

20

http://www.fao.org/WAICENT/FAOINFO/AGRICULT/AGP/AGPP/Pesticid/Code/Download/code.pdf.

21

http://www.chem.unep.ch/ethics/english/longuien.htm.

22

http://www.unep.ch/ozone/vc-text.shtml.

23

http://ozone.unep.org/pdfs/Montreal-Protocol2000.pdf.

24

http://www.ilo.org/ilolex/cgi-lex/convde.pl?C170.

25

http://www.un.org/geninfo/bp/enviro.html.

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endocrine disruptors and effects on specific groups. More generally, it acknowledged the need for a more comprehensive approach to chemicals management and gave rise to the UNEP initiative for a Strategic Approach to International Chemicals Management (SAICM), adopted in 2006 in Dubai.33 SAICM is a voluntary, overarching mechanism that is still very much a work in progress. More recently, the international effort to reduce anthropogenic releases of mercury into the environment has been gaining traction.

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The figure below provides a visual picture of the relationships between the international agreements reached to date.

SAICM is the overarching mechanism. Together with the Globally Harmonised System for Classification and Labelling (GHS),34 it covers all chemicals. The pillars are the voluntary and binding agreements that focus on specific chemicals. Underpinning the structure are the international instruments for protection of workers, protection during transport, protection at end-of-life (waste management/shipment), and protection of the environment and biodiversity.

Figure 3.1: International Framework for chemicals management

SAICM (Voluntary)

Global Harmonised System for Classification & Labelling of Chemicals (Voluntary) Code of conduct (pesticides)

PIC Convention

Voluntary

Binding

POPs Convention (persistent organic pollutants) Binding

Montreal Protocol (Ozone depleting substances) Binding

WHOPES

Mercury Partnership

Voluntary

Voluntary

Protection of workers: ILO Conventions (C-170 and C-184) Protection during transport: UN Recommendations for the transport of dangerous goods (Voluntary) Protection at end of life (waste management/shipment): Basel Convention (Binding) Protection of biodiversity (CBD & Ramsar – binding)

3.2. THE VOLUNTARY AGREEMENTS The following table summarises the main non-binding agreements. It provides the purpose and status of each, and which aspect of the pesticide “life cycle” each instrument covers (see section 4 for a description of the pesticide ‘life cycle’). Brief descriptions of each instrument then follow. With respect to management of pesticides, the key instrument is the non-binding International Code of Conduct on the Distribution and Use of Pesticides (the ‘Code of Conduct’).

But several other international obligations related to safe management of chemicals in general are also important.

26

Principle 15 of the Rio Declaration on Environment and Development, available at: http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=78&ArticleID=1163.

27

http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21toc.htm.

28

http://www.who.int/ifcs/en/.

29

http://www.who.int/iomc/en/.

30

http://www.pic.int/.

31

http://www.pops.int/.

32

http://www.un.org/events/wssd/.

33

http://www.chem.unep.ch/saicm/iccm_sec.htm.

34

http://www.unece.org/trans/danger/publi/ghs/ghs_rev02/02files_e.html.

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An overview of the codes & conventions covered in this guide

Table 3.1: The Voluntary Agreements Name

Date agreed

Scope

Objectives

Pesticide life-cycle

Codes and guidance (non binding instruments) International Code of Conduct on the Distribution and Use of Pesticides (Code of Conduct)

1985, amended 1989, revised 2002

All pesticides

Establishes voluntary standards for all public & private entities associated with pesticide trade & use, especially where regulation is lacking

Covers the whole pesticide life-cycle

WHO Pesticides Evaluation Scheme

1960

Pesticides used for public health purposes

Facilitate search for safe & costeffective alternative pesticides & application methods for PH use; along with policies & guidelines for their selective & judicious application

Classification and labelling (registration and distribution)

Globally Harmonised System for Classification & Labelling of Chemicals (GHS)

Approved in 2003, revised ed.

2005, 2nd revision 2007

All chemicals

Ensure information available on physical hazards & toxicity of chemicals to enhance protection of health & env’t during handling, transport & use

Classification and labelling (registration and distribution)

UN Recommendations on Transport of Dangerous Goods

1956, reviewed in 1996

All chemicals

Ensure the safety of people, property and the environment during transport

Transport (between production & formulation; during distribution)

Codex Alimentarius; Sanitary and Phytosanitary Standards

CA Commission established in 1963

Chemical residues Protect consumers’ health, Use (pesticide on food products ensure fair trade practices, & application) coordinate food standards work by int’l gov’l orgs & NGOs

Chapter 19 to Agenda 21 & Int’l Forum on Chemicals Safety

1992 Rio Convention

All chemicals

Achieving chemical safety

Entire life-cycle

Strategic Approach to International Chemicals Management (SAICM)

Agreed in 2006

All chemicals

Ensure that, by 2020, chemicals produced & used in ways that minimise significant adverse impacts on env’t & human health

Entire life-cycle

UNEP Global Mercury Partnership

Initiated in 2002

Mercury

Protect human health & environment by reducing releases

Production & use

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3.2.1. International Code of Conduct on the Distribution and Use of Pesticides

The Code of Conduct was first adopted in 1985 at the 25th Session of the Conference of the Food and Agriculture Organisation (FAO).36 The objective was “to increase international confidence in the availability, regulation, marketing and use of pesticides for the improvements of agriculture, public health and personal comfort”. The first Code of Conduct did not include the then-controversial concept of prior informed consent (PIC), but coordinated civil society action through PAN succeeded in getting the 1987 FAO Conference to agree to the principle of PIC. In 1989, after two years of working out voluntary mechanisms for implementation, the Code of Conduct was amended to include PIC and the PIC provisions began to be implemented.

In view of the changing international policy framework, including the adoption of the Rotterdam Convention in 1998, and the persistence of certain pesticide management problems, particularly in developing countries, the FAO initiated the update and revision process of the Code. A revised Code of Conduct was adopted in 2002 by the 187 member nations of the FAO as the globally accepted minimum standard for pesticide management. The World Health Organisation (WHO)37 has joined forces with the FAO in promoting the Code of Conduct and its implementation.

The Code of Conduct, as revised in 2002, uses a life cycle approach, and addresses the development, production, management, packaging, labelling, distribution, handling, application, use, control and disposal of pesticides. Its articles set detailed standards for pesticide management, testing, reduction of risks to human health and the environment, regulatory requirements, the availability and use of pesticides, their distribution and trade, and the labelling, packaging, storage and disposal and advertising of pesticide products.

The Code of Conduct is complemented by a number of more detailed technical and legal guidelines on various aspects of pesticide management published by the FAO,38 including guidelines on pest and pesticide management policy, guidelines on pesticide advertising, and guidelines for governments and industry for the implementation of the Code.

The FAO through its Plant Protection Service carries out a number of other activities related to pesticide management.

These include a number of concrete programmes on pesticide management aimed at reducing the environmental and health impact of pesticides, including: •

residue analysis

•

product standards setting and methods to analyse them

•

prevention of accumulation of obsolete stocks of pesticides and means to dispose them

•

exchange of information on national actions taken to control pesticides

35

http://www.fao.org/ag/AGP/agpp/Pesticid/Default.HTM.

36

http://www.fao.org.

37

http://www.who.int/en/.

38

http://www.fao.org/ag/AGP/Pesticid/Code/Guidelines/Framework.htm.

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The International Code of Conduct on the Distribution and Use of Pesticides (Code of Conduct) is the key international instrument setting forth the roles and responsibilities of the major stakeholders with respect to pesticides safety.35 It is a voluntary instrument designed as an international standard and point of reference in relation to sound pesticide management practices, in particular for government authorities and the pesticide industry, but also for civil society.

The Code of Conduct focuses on risk reduction, protection of human health and the environment, and support for sustainable agricultural development by using pesticides in an effective manner and applying IPM strategies. A particular concern is the impact of pesticide use in countries where regulatory capacity is limited and where living and working conditions make pesticide use more risky.

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An overview of the codes & conventions covered in this guide

The Code of Conduct recognises the role of public interest groups in pesticide management. In support of the Code’s implementation, the Pesticide Action Network (PAN) International and its regional offices help to promote its standards and to monitor how pesticides are advertised, distributed, sold and used.39 The industry trade group, CropLife International, has made adherence to the Code a condition for membership.

3.2.2. WHO Pesticide Evaluation Scheme The WHO established its Pesticide Evaluation Scheme (WHOPES)40 in 1960. WHOPES promotes and coordinates the testing and evaluation of pesticides for public health purposes, i.e., to fight vector-borne diseases and those with intermediate hosts, such as malaria, dengue and Chagas disease. These diseases are among the major causes of illness and death in many tropical and subtropical countries, and they significantly impede economic and social development.

WHOPES functions through the participation of representatives of governments, manufacturers of pesticides and pesticide application equipment, WHO Collaborating Centres and research institutions, as well as other WHO programmes, notably the International Programme on Chemical Safety (IPCS). In its present form, WHOPES comprises a four-phase evaluation and testing programme, studying the safety, efficacy and operational acceptability of public health pesticides and developing specifications for quality and international trade.

The WHO has worked closely with the FAO on pesticide issues for a number of decades. In 2001, the Food and Agriculture Organisation of the United Nations and the World Health Organisation agreed to develop specifications for pesticides jointly, with the goal of providing unique, robust and universally applicable standards for pesticide quality.

This joint programme is based on a Memorandum of Understanding between the two Organizations. The Manual on development and use of FAO and WHO specifications for pesticides41 is the first publication of this joint programme and supersedes all previous manuals and guidance documents published by either FAO or WHO on this subject. It provides the standard process, unified requirements and procedures, harmonised definitions and nomenclature, technical guidelines and standards applicable to pesticides for use in agriculture and public health.

3.2.3. The Globally Harmonised System for Classification & Labelling (GHS) Agenda 21’s Chapter 19 proposed that a globally harmonised hazard classification and compatible labelling system, including material safety data sheets and easily understandable symbols, be available by the year 2000. The work to develop a Globally Harmonised System (GHS) has been coordinated through the Inter-organisational Programme for the Sound Management of Chemicals (IOMC) and its Coordinating Group for the Harmonization of Chemical Classification Systems (CG/HCCS). It has involved the International Labour Organization (ILO) for the hazard communication; the Organisation for Economic Cooperation and Development (OECD) for the classification of health and environmental hazards; and the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCETDG) and the ILO for the physical hazards.

The 2002 Johannesburg, Plan of Implementation encouraged countries to implement the new GHS as soon as possible with a view to having the system fully operational at a global level by 2008. In 2004 the GHS was published as ready for worldwide implementation. It has since been revised twice.42 Pilot countries in different regions of the world have started to introduce the GHS in their national practices.

39

See PAN Germany’s excellent guide to the Code of Conduct, available at http://www.fao-code-action.info.

40

http://www.who.int/whopes/en/.

41

http://whqlibdoc.who.int/publications/2006/9251048576_eng_update2.pdf.

42

http://www.unece.org/trans/danger/publi/ghs/ghs_rev02/02files_e.html.

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The GHS applies to pure chemical substances, their dilute solutions and to mixtures of chemical substances; only intrinsic hazardous properties of substances or mixtures are considered. The harmonised system for hazard communication includes labelling tools to convey information about each of the hazard classes and categories in the GHS. The aim of the harmonised system is to present the information in a manner that the intended audience can easily understand. One of the main tools is the Safety Data Sheet (SDS) which provides detailed information about a chemical substance or mixture, including advice on safety precautions. The information acts as a reference source for both employers and workers to use in the management of hazardous chemicals in the workplace.

The classification and labelling based on acute toxicity developed under the GHS has some differences with the WHO traditional classification of pesticides by hazard.43 WHO is in the process of adjusting the Pesticide Classification to conform to the GHS; the results of this process are expected to be available in the next edition of the Classification Guide to be published by 2008.

3.2.4. UN Recommendations on Transport of Dangerous Goods The UN Recommendations on the Transport of Dangerous Goods,44 also known as the “Orange Book”, have been developed by the UN Economic and Social Council's Committee of Experts on the Transport of Dangerous Goods, with the aim of bringing about worldwide harmonisation in rules covering the international transport of dangerous goods. The voluntary measures set forth in the Orange Book are intended to ensure the safety of people, property and the environment during the transport of dangerous substances and materials. They are aimed particularly at minimising the risk of damage during transport and handling due to physical hazards (e.g., explosiveness or corrosiveness) as well as acute health effects from the types of short-term exposures that might occur during transit. Amongst other aspects, the Model Regulations cover principles of classification and definition of classes, listing of the principal dangerous goods, general packing requirements, testing procedures, marking, labelling or placarding, and transport documents.

The first version of the Recommendations was published in 1956, and they have been regularly amended and updated over the years in response to developments in technology and the changing needs of users. In 1996, the Model Regulations on the Transport of Dangerous Goods45 were adopted, with a view to facilitating the adoption of the Recommendations into all modal, national and international regulations related to the transport of dangerous goods.

In 1999, the Committee’s mandate was extended to the effort to bring about a global harmonisation of the various systems of classification and labelling of chemicals applicable under various regulations regimes, e.g., transport, workplace safety, consumer protection, environmental protection and so on. The Committee was thus renamed “Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonised System of Classification and Labelling of Chemicals”. The effort to develop GHS is described above. (para 3.2.3) The UN Recommendations and Model Regulations are addressed not only to all Governments for the development of their national requirements for the domestic transport of dangerous goods, but also to international organisations such as the International Maritime Organisation (IMO)46 and the International Civil Aviation Organisation (ICAO)47 for regulations governing the international transport of dangerous goods by sea, air, road, rail and inland waterways.

43

http://www.who.int/ipcs/publications/pesticides_hazard/en/.

44

http://www.unece.org/trans/danger/publi/unrec/12_e.html.

45

http://www.unece.org/trans/danger/publi/unrec/rev13/13nature_e.html.

46

http://imo.org.

47

http://icao.int.

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The GHS harmonises two key areas of chemicals management: the criteria for classifying substances and mixtures according to their health, environmental and physical hazards; and hazard communication, including requirements for labelling and safety data sheets. The GHS covers all hazardous chemicals and the mode of application of the system’s hazard communication elements may vary by product category or stage in the life cycle. The GHS is based on currently available data, with human experience, epidemiological data and clinical testing providing the information needed for its application. Some areas of the GHS are still under development.

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An overview of the codes & conventions covered in this guide

They are therefore linked to a number of other international agreements covering particular transport modalities, including: •

The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), developed under the auspices of the UN ECE, agreed in 1957 and amended frequently since then. The ADR basically provides that dangerous goods may be carried internationally in road vehicles only if they comply with certain conditions for the goods in question (Annex A on the packaging and labelling of dangerous goods) and for the vehicle carrying the dangerous goods (Annex B on construction, equipment and operation of the vehicle). A consolidated "restructured" version of the ADR was published at the beginning of 2005.48

•

The International Maritime Dangerous Goods Code (IMDG),49 maintained and updated by the IMO, governs the vast majority of shipments of hazardous materials by water. It is intended to provide for the safe transportation of dangerous goods by vessel, protect crew members and to prevent marine pollution.

Based on the UN Model Regulations, it includes additional requirements applicable to the transport of dangerous substances and materials by sea, e.g., requirements for marine pollutants, freight containers loading procedures, stowage and segregation and other requirements applicable to shipboard safety and preservation of the marine environment.

•

The Technical Instructions for the Safe Transport of Dangerous Goods by Air administered by the ICAO also provide for the classification of dangerous goods.50 They identify those goods which are: a) forbidden under any circumstances; b) forbidden on both passenger and cargo aircraft in normal circumstances but could be carried in exceptional circumstances subject to exemption by the States concerned; c) forbidden on passenger aircraft but permitted on cargo aircraft in normal circumstances; and d) permitted on both passenger and cargo aircraft in normal circumstances. The Technical Instructions are international standards which ICAO Member States must introduce into national law, in order to ensure government control over the carriage of dangerous goods by air.

•

The Regulations concerning the International Carriage of Dangerous Goods by Rail (RID),51 maintained and updated by the Intergovernmental Organisation for International Carriage by Rail (OTIF).52

•

The European Agreement Concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN),53 adopted in 2000 under the aegis of the UN ECE.

3.2.5. Codex Alimentarius & the Joint FAO/WHO Meeting on Pesticide Residues The Codex Alimentarius Commission54 was created in 1963 by FAO and WHO to develop food standards, guidelines and related texts such as codes of practice under the Joint FAO/WHO Food Standards Programme. The main objectives of the Joint Food Standards Programme are to protect consumers’ health and ensure fair trade practices in the food trade, and to promote coordination of all food standards work undertaken by international governmental and non-governmental organisations.

One of the key areas of the Commission’s work is to adopt standards for maximum residue levels (MRLs) for pesticides in food and animal feed and other groups of commodities, with the assistance of the Codex Committee on Pesticide Residues (CCPR), a subsidiary body of the Codex Alimentarius Commission.

This task starts with the Joint FAO/WHO Meeting on Pesticide Residues (JMPR), which carries out residue analysis.

The JMPR meets annually to conduct scientific evaluations of pesticide residues in food and provide advice on the acceptable levels of pesticide residues in food moving in international trade. The JMPR consists of specialists who consider data on recognised / registered use patterns, fate of residues, animal and plant metabolism data, analytical 48

http://www.unece.org/trans/danger/publi/adr/adr2005/05ContentsE.html.

49

http://www.imo.org/Safety/mainframe.asp?topic_id=158.

50

http://www.icao.int/anb/FLS/DangerousGoods/TechnicalInstructions.cfm.

51

http://www.otif.org/pdf_external/e/RID-1999-e.PDF.

52

http://www.otif.org.

53

http://www.unece.org/trans/danger/adn-agree.html.

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methodology and residue data developed through supervised trials. On the basis of this information, the JMPR proposes MRLs for individual pesticides in individual food and feed items or well-defined groups of commodities to the CCPR. The CCPR considers the proposals and makes recommendations for MRLs to the biennial meeting of the Codex Alimantarius Commission, for adoption as Codex maximum residue limits (CXLs).55

At the 1992 Rio Conference, more than 178 governments adopted Agenda 21, a comprehensive non-legally binding instrument setting forth actions to be taken globally, nationally and locally by UN organisations, national governments, and other groups, including non-governmental organisations and industry. Chapter 19 of Agenda 21 is entitled "Environmentally sound management of toxic chemicals including prevention of illegal international traffic in toxic and dangerous products."56 Chapter 19 recognises that “a great deal remains to be done to ensure the environmentally sound management of toxic chemicals, within the principles of sustainable development and improved quality of life for humankind”. It notes the collaboration on chemical safety between the United Nations Environment Programme (UNEP),57 the International Labour Organisation (ILO)58 and the World Health Organisation (WHO)59 in the International Programme on Chemical Safety (IPCS)60 as the nucleus for international cooperation on environmentally sound management of toxic chemicals.

Chapter 19 sets forth an ambitious global plan for building the broadest possible awareness of chemical risks as a prerequisite for achieving chemical safety. It recognises the right of the community and of workers to know the identity of hazardous ingredients, but this is to be balanced with industry's right to protect confidential business information.

Best practices for safe management of chemicals are viewed as involving hazard assessment (based on the intrinsic properties of chemicals), risk assessment (including assessment of exposure), risk acceptability and risk management.

Hazard assessment and hazard communication are in particular viewed as among the fundamental building blocks for safe management of chemicals. Other important recommendations made in Chapter 19 include that governments and relevant international organisations, with the cooperation of industry, should: •

improve databases and information systems on toxic chemicals, such as emission inventory programmes, through provision of training as well as software, hardware and other facilities (19.40(b));

•

cooperate in establishing, strengthening and expanding, as appropriate, the network of designated national authorities for exchange of information on chemicals and establish a technical exchange programme to produce a core of trained personnel within each participating country (19.42);

•

undertake concerted activities to reduce risks for toxic chemicals, taking into account the entire life cycle of the chemicals, including both regulatory and non-regulatory measures, such as the promotion of the use of cleaner products and technologies; emissions inventories; product labelling; use limitations; economic incentives; and the phasing out or banning of toxic chemicals that pose an unreasonable and otherwise unmanageable risk to the environment or human health and those that are toxic, persistent and bioaccumulative and whose use cannot be adequately controlled (19.49);

•

where appropriate, cooperate in the development of communication guidelines on chemical risks at the national level to promote information exchange with the public and the understanding of risks (19.51).

54

For more information, see: http://www.codexalimentarius.net/web/index_en.jsp, or Understanding the Codex Alimentarius, FAO/WHO, Rome, 2005, at: http://www.fao.org/docrep/008/y7867e/y7867e00.htm.

55

Codex Alimentarius Database on Maximum Limits for Pesticide Residue in Foods, available at: http://www.codexalimentarius.net/mrls/pestdes/jsp/pest_q-e.jsp.

56

http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21chapter19.htm.

57

http://www.unep.org/.

58

http://www.ilo.org/.

59

http://www.who.int/en/.

60

http://www.who.int/ipcs/en/.

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3.2.6. Agenda 21, Chapter 19

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An overview of the codes & conventions covered in this guide

Chapter 19 also encourages the adoption of community right-to-know programmes based on international guidelines – both voluntarily by industry, in the absence of host country requirements, and by governments. These are to include sharing of information on causes of accidental and potential releases and means of preventing them, and reporting on annual routine emissions of toxic chemicals to the environment. It also recommends that governments carry out information dissemination campaigns, such as programmes providing information about chemical stockpiles and environmentally safer alternatives, as tools for risk reduction and to increase the awareness of the general public with respect to problems of chemical safety.

The Intergovernmental Forum on Chemical Safety (IFCS)61 was created in 1994 in response to recommendation 3.2 of Chapter 19. Its members are representatives of countries, international organisations, industry and NGOs. Its mission is to coordinate international efforts for the sound management of chemicals and to address the priority programme areas identified in 1992 at Rio. The IFCS was instrumental in the development of the Stockholm Convention on POPs (see below) by establishing an ad hoc Working Group in 1996 to assess POPs and develop recommendations for international action. In cooperation with UNEP, it then organised regional and subregional workshops to prepare governments and other stakeholders for participation in negotiation of the convention.

In 2000 at a meeting in Bahia, Brazil, the IFCS adopted the Bahia Declaration on Chemical Safety and the Priorities for Action Beyond 2000.62 These documents considered the progress that had been achieved since 1992 and identified a number of priorities for ensuring chemical safety, including •

increasing the flow of information about reducing hazards associated with the use of chemicals, the risks involved in their manufacture, release into the environment, and the means to avoid or reduce risks;

•

ensuring that all countries have the capacity for sound management of chemicals;

•

addressing illegal trafficking in toxic and dangerous products; and

•

increasing access to information and skills development in chemical safety, and recognising communities’ right to know about chemicals in the environment and to participate meaningfully in decisions about chemical safety that affect them.63

At its fourth session in 2003, the IFCS adopted an important resolution on acutely toxic pesticides recommending inter alia the prohibition or restriction of availability of such pesticides and to substitute them with reduced risk pesticides and non-chemical control measures.64 The resolution also recommended that national governments fully implement the International Code of Conduct as the basis for a comprehensive life cycle approach to pesticide management at national level.

3.2.7. Strategic Approach to International Chemicals Management (SAICM) The global leaders who gathered at the 2002 Johannesburg Summit on Sustainable Development made a commitment to minimise significant adverse effects from the production and use of chemicals on human health and the environment by 2020. To implement this commitment, a multi-stakeholder Preparatory Committee, co-convened by UNEP, the IFCS and the IOMC, brought together government officials, industry representatives, NGOs and other stakeholders to develop the Strategic Approach to International Chemicals Management (SAICM).65 SAICM is aimed at stimulating the development of more effective national and international systems for management and control of chemicals, given the continuing gaps in systems and capacities for chemicals management to be found in most countries – even so-called developed nations.

61

http://www.who.int/ifcs.

62

http://www.who.int/ifcs/documents/forums/forum3/en/Bahia.pdf.

63

http://www.who.int/ifcs/documents/forums/forum3/en/annex6.pdf.

64

http://www.who.int/ifcs/documents/forums/forum4/en/f4_exs_en.pdf, pp. 10-12.

65

http://www.chem.unep.ch/saicm/.

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A key feature of the SAICM process has been its engagement of all sectors of society with an interest in chemical safety, including environment, health, agriculture, labour, industry and development. It has recognised the importance of policy coordination across sectors at both national and international levels, in order to ensure effective management of risks throughout chemicals’ life cycleof production, use and disposal.

The proposed “work areas and activities” for implementation of SAICM are set out in the Global Plan of Action. This lists almost 300 different activities aimed at reducing risks from chemicals. These are to involve a range of actors – not only national governments but also industry, NGOs, and international organisations. The concrete measures in the Global Plan of Action are listed in tabular form, grouped according to the five categories and providing designated actors, targets and time frames, and indicators of progress. Many of the listed activities are pesticidespecific (cf., activities 25-33, 108, 124-127 under Objective 1) or related to the reduction of risks from pesticides (c.f., activities 43-61, 168-170 and 263 on good agricultural practices).

UNEP and the World Health Organisation (WHO) take lead roles in the SAICM secretariat, according to their respective areas of expertise, with UNEP holding administrative responsibility. The SAICM secretariat is located in Geneva with the other chemicals and waste secretariats managed by UNEP, in order to take full advantage of existing synergies with other chemical conventions secretariats.

SAICM is still a work in progress. One of its organising concepts is the idea of partnerships among stakeholders, with corresponding roles and responsibilities for each as needed to achieve the specific objectives for SAICM. Many NGOs and civil society organisations are actively participating in the SAICM process, often collaborating through the International POPs Elimination Network (IPEN).66

3.2.8. Global Mercury Partnership The Global Mercury Partnership grew out of a global mercury assessment report67 initiated by the UNEP Governing Council and published by UNEP in December 2002. The assessment report flagged the need for further international, regional and national actions to reduce risks to human health and the environment from exposure to mercury. Through the UNEP Mercury Programme, countries are urged to adopt goals and take national actions, as appropriate, with the objective of identifying exposed populations and ecosystems and reducing anthropogenic mercury releases. In support of this, an open-ended Working Group with members nominated by governments, inter-governmental and non-governmental organisations and the private sector has been established.

The focus at this point is on raising awareness of the nature of mercury pollution problems through regional workshops and on assisting countries to identify and implement actions to mitigate any mercury problems in their territories. A clearinghouse has been set up to facilitate the exchange of and access to relevant information on mercury and mercury compounds.68 In February 2007, the UNEP Governing Council called for a review and assessment of the options of enhanced voluntary measures and new or existing international legal instruments in order to make progress in addressing this issue. The possibility of an international convention on mercury is now under discussion. International exchanges have also been launched to raise awareness concerning impacts on human health and the environment from lead and cadmium.69

66

http://www.ipen.org/.

67

http://www.chem.unep.ch/MERCURY/Report/GMA-report-TOC.htm.

68

http://www.chem.unep.ch/MERCURY/Information-clearinghouse.htm.

69

http://www.chem.unep.ch/Pb_and_Cd/Default.htm.

03

SAICM was adopted at the International Conference on Chemicals Management (ICCM) in 2006 in Dubai, United Arab Emirates. It comprises a policy framework for international action on chemical hazards. SAICM has three components: the high-level Dubai Declaration; an overarching policy strategy; and a global plan of action. The Overarching Policy Strategy sets a number of specific objectives under five interrelated categories: risk reduction; knowledge and information; governance; capacity-building and technical cooperation; and illegal international traffic, in addition to financial and institutional arrangements.

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An overview of the codes & conventions covered in this guide

Table 3.2: The Binding Agreements Name

Entry into force

Scope

Objectives

Pesticide life-cycle

Conventions and Protocols (binding on Parties) Rotterdam Convention on Prior Informed Consent (PIC)

2004

Banned or restricted chemicals & severely restricted pesticide formulations

Controls over import & export: only allowed when prior informed consent

Transboundary movement (exports)

Stockholm Convention on Persistent Organic Pollutants (POPs)

2004

12 POPs including 9 pesticides (aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, hexachlorobenzene, mirex and toxaphene)

Ban & phase-out of production & use of POPs, including unintentional releases (e.g., dioxins, furans)

Production Registration Use (application) Waste management (synergies with Basel Convention)

Waste management of stockpiles (obsolete pesticides), incl. clean-up of contaminated soil

Montreal Protocol to the Vienna Convention on Substances that Deplete the Ozone Layer

1987

Ozone depleting substances, including methyl bromide

Phase out of production & use of ODS to protect the ozone layer & allow for its recuperation

Production Registration Use (application) Waste management (synergies with Basel Convention)

Basel Convention on the Control of Transboundary Movement of Hazardous Waste (and Regional Conventions, including Bamako)

1992

All types of wastes

Ensure environmentally sound management & disposal of wastes & control of their boundary movement by establishing PIC mechanisms

Waste management

ILO Convention on Safety in the Use of Chemicals at Work (C170)

1990

All chemicals

Protecting workers by establishing controls over all aspects of the use of chemicals at work

Manufacture & application (use

ILO Convention on Safety and Health in Agriculture (C184)

2001

Pesticides & other agricultural chemicals

Protecting agricultural farmers

Use (application)

International Plant Protection Convention

October 2005 (revised text)

All chemical & nonchemical initiatives to deal with pests

Prevent the spread & introduction of pests of plants & plant products, & promote appropriate measures for their control.

Trade on agricultural products

Convention on Biological Diversity & the Cartagena Protocol on Biosafety

1992; Protocol in 2000

All aspects of biodiversity

Reverse the trend on biodiversity loss by promoting sustainable development; protect from potential risks posed by GMOs

Use (application)

Ramsar Convention (Recommendation 6.14)

1971

Chemicals & wetlands

Protection of migratory birds

Use (application)

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3.3. THE BINDING AGREEMENTS The table to the left presents the so-called binding international agreements – the conventions and protocols that have been ratified by sufficient countries to come into force. The countries that have become Parties to these agreements have agreed to assume the obligations set down in their provisions.

The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade,70 also known as the Rotterdam Convention, came into force on 24 February 2004. Prior informed consent (PIC) is a type of export control which has also been put into place internationally with respect to the trade in hazardous waste, through the Basel Convention. PIC with respect to chemicals (and in particular certain pesticides) has come to mean that a chemical that has been banned, withdrawn or severely restricted in one country should not be exported to another country unless the importing country’s government has been fully informed of the reasons for the regulatory action and has positively consented to the importation of the controlled chemical.71 The need for PIC came to be recognised only after intense international debate in the 1980s and 1990s, after the international trade in chemicals, including pesticides, had grown enormously. When certain chemicals came to be linked to environmental and human health problems, a number of exporting countries introduced controls over their use domestically, but still permitted such chemicals to be exported. These exports often went to developing countries without the infrastructure or resources to adequately regulate the import and use of hazardous chemicals. Moreover, the use of pesticides in developing countries gave rise to a disproportionate number of problems, because of widespread illiteracy, lack of access to adequate medical care, lack of safety training, lack of protective equipment, and restrictions on the right to organise for safe working conditions In 1989, both UNEP and FAO introduced PIC in their respective instruments covering international trade in hazardous chemicals (the UNEP London Guidelines and the Code of Conduct) and initiated a voluntary PIC procedure. In 1995, the two organisations convened an intergovernmental negotiating committee which developed the text that was adopted in 1998 at a diplomatic conference hosted by the Netherlands in Rotterdam.

The Rotterdam Convention builds on the existing voluntary PIC procedure, operated by UNEP and FAO since 1989.

The Convention does not ban chemicals. Rather, it gives importing countries the information they need to take autonomous and informed decisions about chemicals imported. It has three critical components: (1) it requires Parties to notify the Secretariat whenever a chemical or pesticide is banned or severely restricted for health or environmental reasons; (2) it establishes the right of importing countries to refuse unwanted imports; and (3) it obliges exporting countries to know and respect such refusals.

The Convention establishes procedures for formally obtaining decisions (prior informed consent) of importing countries on future shipments of chemicals specified in the Convention and for ensuring compliance with these decisions by exporting countries. Annex III of the Convention lists 39 chemicals subject to the PIC procedure, including 24 pesticides, 4 severely hazardous pesticide formulations and 11 industrial chemicals.

Any national decisions to ban or severely restrict a particular chemical or pesticide formulation are to be notified to the Convention Secretariat. The final decision to be notified to the Secretariat has to be accompanied by a description of any legislative or administrative measures upon which it is based. The trigger for initiating the process of considering additional substances or severely hazardous pesticide formulations for Annex III inclusion is when notifications of final regulatory action for a particular chemical have been received from Parties in at least two different geographical regions.

70

http://www.pic.int/.

71

The website of PAN UK provides a handy briefing on the Rotterdam Convention aimed particularly at non-governmental organisations.

See http://www.pan-uk.org/Internat/globinit/picbr3.htm.

03

3.3.1. The Rotterdam (PIC) Convention

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An overview of the codes & conventions covered in this guide

A special Chemicals Review Committee then evaluates the chemical for possible addition to the Rotterdam Convention and decides whether or not to recommend the chemical or severely hazardous pesticide formulation for listing in Annex III. If it is recommended to include the chemical in Annex III, a decision guidance document is prepared to provide information on why the recommendation for inclusion has been made. This is forwarded to all of the Parties for decision at the next Conference of the Parties. Several chemicals are currently being evaluated for possible inclusion in Annex III. As with the Stockholm Convention, Article 17 of the Rotterdam Convention requires the Conference of the Parties to develop and approve as soon as practicable procedures and institutional mechanisms for determining non-compliance with the provisions of this Convention and for the treatment of Parties found to be in non-compliance. An open-ended working group on compliance has developed a working draft72 of procedures and institutional mechanisms for handling cases of non-compliance that will be discussed by the Parties in 2008. The penalties foreseen include the re-export of chemicals shipped to a country without its consent, in violation of the Convention.

3.3.2. The Stockholm Convention on Persistent Organic Pollutants (POPs) The Stockholm Convention on Persistent Organic Pollutants (POPs),73 which entered into force on 17 May 2004, is a global commitment to protect human health and the environment from certain chemicals known as POPs. Though the risks posed can vary greatly from POP to POP, by definition these chemicals share four properties: 1)

they are highly toxic;

2)

they are persistent, lasting for decades in some instances before degrading into less dangerous forms;

3)

they evaporate and travel long distances through the air and through water; and

4)

they are absorbed in fatty animal tissue and bioaccumulate in the food chain.

The chemicals known as POPs were for the most part introduced and initially used by industrialised countries, but then widely used in developing countries, particularly tropical areas. Yet because they are persistent, bioaccumulative and subject to long-distance transport, they are found everywhere – even in parts of the world such as the Arctic where they were never widely used. They can be especially damaging to poorer communities and to northern indigenous communities that rely on foods with heavy POPs accumulations. While wealthier countries were among the first to detect the dangers, to reduce use, and to start cleaning up the mess, poorer nations often lack the money and expertise to move on to alternatives and to clean up existing stockpiles and waste sites.

The Stockholm Convention initially targets 12 particularly toxic POPs for reduction and eventual elimination, while setting up a system for tackling other chemicals identified as unacceptably hazardous. Nine of these POPs are pesticides (aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, hexachlorobenzene, mirex, and toxaphene), two are industrial chemicals (hexachlorobenzene and PCBs/PCTs) and two are unintentional byproducts of various industrial activities (dioxins and furans).

In order to phase out these chemicals (and others that may be listed in future), the Convention sets in place bans and/or limits on their production and use. Member States (Parties) that wish to use remaining supplies are required to register publicly for exemptions and to restrict their use of these chemicals to narrowly allowed purposes for limited time periods. For example, it limits the production and use of DDT to controlling disease vectors such as malarial mosquitoes, or as use as an intermediate in the production of the pesticide dicofol in those countries that have registered for this exemption.

72

Report of the open-ended ad hoc working group on non-compliance on the work of its first session, Rome, September, 2005 available at: http://www.pic.int/oewg/c3)/English/K0582993%20OEWG%20final%20report%20-%20reissued.pdf ; and Report of the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade on the work of its third meeting, Geneva, October 2006, available at: http://www.pic.int/cops/reports/z35)/English/K0653538%20COP-326%20Final%20PIC%20Report.pdf.

73

http://www.pops.int.

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The Convention bans the production of PCBs. However, countries have until 2025 for phasing out the use of equipment containing PCBs, and until 2028 for treating and eliminating the recovered PCBs. Countries are also required to take steps to reduce the unintentional release of dioxins and furans as byproducts of combustion or industrial production, with the goal of continuing to minimise their release and, where feasible, eliminate them entirely.

The Convention also channels resources into cleaning up existing stockpiles and dumps of POPs, including obsolete pesticides. Governments are to develop and implement strategies for identifying stockpiles. Once identified, these stockpiles are to be managed in a safe, efficient and environmentally sound manner. Wastes containing POPs are to be handled, collected, transported and stored in an environmentally sound manner, and their toxic content destroyed. The Convention does not allow recovery, recycling, reclamation, direct reuse or alternative uses of POPs, and it prohibits their improper transport across international boundaries.

The Convention includes mechanisms to provide financial aid to help developing countries in carrying out implementing measures, including the development of national plans, identification of stockpiles and disposal sites, and safe disposal of POPs. It also includes mechanisms for the identification and addition of more chemicals to the Convention; several additional chemicals are currently under evaluation for possible listing as POPs and eventual phase-out.

Article 17 of the Stockholm Convention requires the Conference of the Parties to develop and approve as soon as practicable procedures and institutional mechanisms for determining non-compliance with the provisions of this Convention and for the treatment of Parties found to be in non-compliance. At its first meeting in May 2005, the Parties decided to convene an open-ended ad hoc working group to consider procedures and institutional mechanisms on non-compliance. The final procedure and structure has not yet been agreed, although an April 2007 draft74 proposes the establishment of a “Compliance Committee�. The major penalty that could be imposed by the Conference of the Parties is the suspension of rights and privileges under the Convention.

In addition to the Stockholm Convention Secretariat, the International POPs Elimination Network (IPEN) and the International HCH and Pesticides Association (IHPA)75 are good sources of information on POPs issues, including alternative disposal methods.

3.3.3. The Montreal Protocol on Ozone-Depleting Substances The Vienna Convention on the Protection of the Ozone Layer76 was adopted in 1985 without agreement on specific control measures. It provided for the exchange of data related to the ozone layer and for scientific cooperation on research concerning the chemicals and processes affecting the ozone layer and the development and transfer of relevant technology and knowledge. It also provided for international cooperation on measures to control human activities adversely affecting the ozone layer and for the development of protocols to the convention.

Accordingly, the Montreal Protocol on Substances that Deplete the Ozone Layer77 was adopted in 1987 and has been amended several times since to adapt to new scientific evidence and technological developments. The goal of the Montreal Protocol is to protect the ozone layer by reducing and eliminating global emissions of ozonedepleting substances (ODS) due to human activities.

74

http://www.pops.int/documents/meetings/oewng_nc2/meetingdocs/report/K0761528%20OEWG2-2%20Report%20Final.pdf.

75

http://www.ipen.org/ and http://www.ihpa.info/.

76

http://www.unep.ch/ozone/vc-text.shtml.

77

http://ozone.unep.org/pdfs/Montreal-Protocol2000.pdf.

03

To achieve these goals, the Convention restricts imports and exports of the 10 intentionally produced POPs, permitting them to be transported only for environmentally sound disposal or for a permitted use for which the importing country has obtained an exemption. Parties are required to develop, within two years, national plans for implementing the Convention and to designate national focal points for exchanging information on POPs and their alternatives.

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An overview of the codes & conventions covered in this guide

The Montreal Protocol is acknowledged as one of the most successful examples of international cooperation to tackle a major global environmental threat. The production and consumption of entire groups of harmful ozone-depleting chemicals has been successfully phased out in developed countries, and the same process is now well under way in developing countries. Overall, almost ninety five per cent of all ozone-depleting substances have been phased out.

One of the current targets is methyl bromide, an ODS used as a fumigant pesticide.

The Montreal Protocol obliges Parties to control their annual rates of production and consumption of specified chemicals in accordance with agreed target amounts, with the objective of reducing and eventually eliminating production and consumption by specified dates. The dates are specific for each chemical and different for developing and developed country Parties. Parties are prohibited from trading in ODS with Non-Parties and a licensing system implemented in 2000 is used to track each shipment of controlled ODS in an effort to eliminate illegal trade.

The Protocol set up three expert panels to advise the Parties. The Scientific Assessment Panel carries out a review of scientific knowledge every four years. The Technology and Economics Assessment Panel advices on technical options for limiting the use of ODS, the cost implications of proposed technical solutions, the needs and likely availability of controlled ODS in developing countries, and technology transfer. The Environmental Effects Assessment Panel advises on changes in ozone levels and the consequent impacts on health and environment due to the changes in ultraviolet radiation reaching the Earth’s surface.

The Montreal Protocol also creates a Multilateral Fund which is used to provide developing country Parties with financial and technical assistance to meet the incremental costs of implementing its requirements. Further funds for ODSs phase-out programmes have been provided through the Global Environment Facility (GEF).78 The Montreal Protocol adopted a non-compliance procedure in 1992 and an Implementation Committee which proposes recommendations on non-compliance that will be adopted by the Meeting of the Parties. The MoP can issue cautions and suspend rights and privileges under the Protocol, including those concerned with industrial rationalisation, production, consumption, trade, transfer of technology, the financial mechanism and institutional arrangements.79

3.3.4. The Basel Convention on Transboundary Movements of Hazardous Wastes The 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal80 is aimed at ensuring the environmentally sound management and disposal of the several hundred million tonnes of waste materials that are hazardous to humans or the environment produced annually, and to control their transboundary movement.

The Basel Convention, which came into force in 1992, is intended to support developing countries and countries with economies in transition which have suffered from being destinations or transit zones for environmentally damaging and often illegal shipments of hazardous wastes from developed countries.81 Categories of hazardous waste covered by the Convention include toxic, poisonous, explosive, corrosive, flammable, ecotoxic and infectious materials.

Because hazardous wastes pose potentially significant threats to human health and the environment, one of the guiding principles of the Basel Convention is that, in order to minimise the threat, hazardous wastes should be dealt with as close to where they are produced as possible. Therefore, under the Convention, transboundary movements of hazardous wastes or other wastes can take place only upon prior written notification by the State of export to the competent authorities of the States of import and transit (if appropriate).82

78

http://www.gefweb.org.

79

http://ozone.unep.org/Meeting_Documents/impcom/MOP_decisions_on_NCP.pdf.

80

http://www.basel.int/.

81

The importance of implementing the Basel Convention was dramatically illustrated in September 2006, when up to 25,000 people in Abidjan, Ivory Coast, were affected by fumes from toxic waste shipped from Europe by a Dutch company and dumped illegally throughout the city by a local waste handler. At least six people died.

82

This corresponds to the principle of prior informed consent (PIC) also agreed in the Rotterdam Convention.

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Each shipment of hazardous waste or other waste must be accompanied by a movement document from the point at which the transboundary movement begins to the point of disposal. Hazardous waste shipments made without such documents are illegal. In addition, there are outright bans on the export of these wastes to certain countries.

Transboundary movements can take place, however, if the state of export does not have the capability of managing or disposing of the hazardous waste in an environmentally sound manner.

In 1995, Parties adopted an amendment to the Convention that would prohibit all transboundary movements of hazardous wastes destined for final disposal from OECD (i.e., developed) to non-OECD states as well as phase out all transboundary movements of hazardous wastes destined for recycling or recovery operations from OECD to nonOECD states. However, the so-called Ban Amendment has not yet been ratified by enough Parties to bring it into force.

In December 1999, the Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movement of Hazardous Wastes and their Disposal was adopted to address damage that may result during transboundary movement of hazardous and other wastes, including illegal traffic, and their disposal. The Protocol would force parties to accept financial liability for breaches of the Convention. However, it lacks sufficient ratifications to bring it into force.

In 2002 the Conference of the Parties adopted a compliance mechanism and established a Compliance Committee as a subsidiary body of the CoP. The Committee may recommend to the Conference of the Parties that further measures be taken, including issuance of a cautionary statement.83 Further information about the Basel Convention regime can be obtained from the Basel Action Network (BAN).84

3.3.5. The ILO conventions on protection of workers using chemicals The International Labour Organisation (ILO),85 founded in 1919, is the UN specialised agency which formulates international labour standards. Under its tripartite structure, workers and employers participate as equal partners with governments in the setting of standards across the spectrum of work-related issues, from freedom of association and the right to organise to abolition of forced labour and equality of opportunity and treatment.

The ILO issues its standards in the form of Conventions and Recommendations, several of which are important for protecting workers from the harmful effects of chemicals in the workplace. For example, the 1990 Convention on Safety in the Use of Chemicals at Work (C170)86 and its accompanying Recommendation87 emphasise the need to establish a coherent national policy of chemical safety ranging from the classification and labelling of chemicals to controls over all aspects of the use of chemicals, including the right of workers for access to information on all workplace chemicals. The 1990 Convention is binding on the 16 countries that have ratified it to date and for the rest of the world it provides important guidance for national policies and legislation in this area.

Specific measures include requirements to assess risks to workers from hazardous chemicals and to inform and protect workers from such risks. Workers have the right to remove themselves from dangers posed by workplace chemicals if they believe there is an imminent and serious risk to their health or safety. The Convention also requires Parties that export a chemical that is prohibited for reasons of workplace safety or health to communicate this fact to importing countries – a provision that is similar to the information exchange provisions in the Rotterdam Convention.

83

http://www.basel.int/legalmatters/compcommitee/brochure-xx0706.pdf.

84

http://www.ban.org.

85

http://www.ilo.org.

86

http://www.ilo.org/ilolex/cgi-lex/convde.pl?C170.

87

http://www.ilo.org/ilolex/cgi-lex/convde.pl?R177.

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Countries that are Parties to the Convention are required to report information on the generation and movement of hazardous wastes. Parties are also obliged to inform any neighbouring Party of a risk to health or the environment as a result of any accident during the disposal or transboundary movement of hazardous or other wastes.

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The 2001 Convention on Safety and Health in Agriculture (C184)88 is binding on the eight countries that have ratified it to date. Along with its accompanying Recommendation,89 it establishes international standards on safety and health in the agricultural sector. Parties are to formulate and carry out coherent national policies on safety and health in agriculture, including national laws and adequate and appropriate systems of inspection. Again there is a requirement that employers should carry out assessments of risks to the safety and health of workers and ensure that “under all conditions of their intended use, all agricultural activities, workplaces machinery, equipment, chemicals, tools and processes … are safe and comply with prescribed safety and health standards”.

The Convention requires an appropriate national system establishing specific criteria for the importation, classification, packaging and labelling of chemicals used in agriculture and for their banning or restriction. It requires those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture to comply with national or other recognised safety and health standards, and to provide adequate information to users in the appropriate official language. Moreover it specifies that there are to be suitable systems for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty chemical containers in agriculture so as to avoid their use for other purposes and to minimise risks to safety and health and to the environment.

The ILO standards are backed by a supervisory system that helps to ensure that countries implement the conventions they ratify. The ILO regularly examines the application of standards in member states and points out areas where they could be better applied. There are different mechanisms to monitor implementation and respond to non-compliance.90 A Committee of Experts on the Application of Conventions and Recommendations appointed by the ILO’s Governing Body submits an annual report to the International Labour Conference where it is examined by the Conference Committee on the Application of Standards, a standing committee of the Conference. The Conference Committee examines the report and selects observations for discussion. It may then draw up conclusions recommending that governments take specific steps to remedy a problem or to invite ILO missions or technical assistance. Situations of special concern are highlighted in special paragraphs of its General Report.

The Representations Procedure and the Complaints Procedure are other mechanisms. The first procedure grants an industrial association of employers or of workers the right to present to the ILO Governing Body a representation against any member state which, in its view, “has failed to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party”. A committee of the Governing Body may be set up to examine the representation and the government's response. Where the government's response is not considered satisfactory, the Governing Body is entitled to publish the representation and the response.

Under the Complaints Procedure, a Member State, a delegate to the International Labour Conference or the Governing Body in its own capacity may file a complaint against another Member State for not complying with a ratified convention. When a member state is accused of committing persistent and serious violations and has repeatedly refused to address them, the Governing Body may form a Commission of Inquiry, ILO's highest-level investigative procedure. To date, 11 Commissions of Inquiry have been established. When a country refuses to fulfil the recommendations of a Commission of Inquiry, the Governing Body “may recommend to the Conference such action as it may deem wise and expedient to secure compliance therewith”.

3.3.6. The International Plant Protection Convention The International Plant Protection Convention (IPPC) is an international treaty for cooperation in plant protection. Its purpose is to secure common and effective action to prevent the spread and introduction of pests of plants and plant products, and to promote appropriate measures for their control.

The IPPC was adopted by the Conference of FAO in 1951 and has been amended several times. Within the context of the trade negotiations known as the Uruguay Round, it was clear that the IPPC would have a prominent position in the Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement). Within the context of the World Trade Organisation (WTO), the role envisioned for the IPPC was to encourage international harmonisation and elaborate international standards to help ensure that phytosanitary measures were not used as unjustified barriers to trade.

88

http://www.ilo.org/public/english/standards/relm/ilc/ilc89/pdf/c184.pdf.

89

http://www.ilo.org/public/english/standards/relm/ilc/ilc89/pdf/r192.pdf.

90

http://www.ilo.org/public/english/standards/norm/applying/index.htm.

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The Convention recognises the rights of Parties to use phytosanitary measures to regulate the entry of plants and plant products and other objects or material capable of harbouring plant pests. Countries can refuse entry, require treatment or specify other requirements for regulated material. Countries also have the right to take emergency action on the detection of pest posing a potential threat to their territories. The IPPC is developing an increasingly important role as a framework that can be applied to matters of environmental protection. It includes both direct and indirect damage by pests (including weeds), conveyances, containers, storage places, soil and other objects or material capable of harbouring plant pests.

When applying phytosanitary measures, Parties have to comply with five main principles: (1) application of restrictions on entry only when made necessary by phytosanitary considerations; (2) phytosanitary measures must be technically justified; (3) Parties must publish any phytosanitary requirements promptly and make the rationale for such measures available if requested; (4) proportionality of phytosanitary measures and minimal impediment to international trade; and (5) non discrimination between countries of the same phytosanitary status.

The standards developed and adopted under the IPPC are not legally binding. However, WTO members are required to base their phytosanitary measures on international standards developed within the framework of the IPPC, and phytosanitary measures that conform to the ISPMs are presumed to be consistent with the SPS Agreements under the WTO. The IPPC includes a dispute settlement mechanism for instances where phytosanitary measures may be challenged as unjustified barriers to trade.

3.3.7. The conventions on protection of biodiversity The link between the proliferation of chemicals in the environment and the resulting impact on the environment is addressed indirectly in several international instruments aimed at conservation of wildlife and biodiversity in general.

The 1971 Ramsar Convention on Wetlands,91 the first intergovernmental treaty between nations for the conservation of natural resources, aims broadly to halt the worldwide loss of wetlands and to conserve those that remain through wise use and management. There are currently 152 Contracting Parties to the Convention, with 1611 wetland sites, totalling 145.2 million hectares, designated for inclusion in the Ramsar List of Wetlands of International Importance. In its efforts to conserve wetlands and to use them wisely, the Ramsar Convention also addresses activities which might have an indirect effect on wetlands, thereby leading to the loss of biodiversity or diminishment of the many ecological, hydrological, cultural or social values of wetlands.

For example, in 1996, the sixth Conference of the Parties to the Ramsar Convention adopted Recommendation 6.14 on toxic chemicals,92 which notes that the adverse impact of toxic substances compromises the ecological character of wetlands and that these threats to ecological character are incompatible with the wise use concept, and which urges Parties to provide information on their efforts to remedy and to prevent pollution impacts affecting Ramsar sites and other wetlands.

The 1992 Convention on Biological Diversity93 is the first global treaty to provide a comprehensive framework that addresses all aspects of biodiversity – ecosystems, species, and genetic diversity. It aims to reverse the current trend of destroying natural habitats and ecosystems at the rate of over 100 million hectares every year, by reconciling the need for environmental conservation with concern for economic development and by promoting “sustainable development”, i.e., ensuring that the earth’s renewable resources are not consumed so intensively that they cannot replenish themselves.

91

http://www.ramsar.org/rec/key_rec_6.14.htm.

92

http://www.ramsar.org/rec/key_rec_6.14.htm.

93

http://www.biodiv.org/doc/legal/cbd-un-en.pdf.

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As a consequence, in 1997 the FAO Conference approved a new revised text of the IPPC which entered into force on 2 October 2005. The new text emphasises cooperation and the exchange of information toward the objective of global harmonisation. In addition to describing national plant protection responsibilities, it also addresses important elements of international cooperation for the protection of plant health and the establishment and use of International Standards for Phytosanitary Measures (ISPM).

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An overview of the codes & conventions covered in this guide

In addition to the conservation of biodiversity and the sustainable use of the components of biodiversity, the Convention also provides for the fair and equitable sharing of the benefits arising from the use of genetic resources.

In recognition of the potential of modern biotechnology to contribute to these three goals, as long as it is developed and used with adequate safety measures for the environment and human health, the Parties to the Convention have also adopted the Cartagena Protocol on Biosafety.94 The Protocol seeks to protect biological diversity from the potential risks posed by genetically modified organisms resulting from modern biotechnology. It establishes an advance informed agreement (AIA) procedure for ensuring that countries are provided with the information necessary to make informed decisions before agreeing to the import of such organisms into their territory. The Protocol also establishes a Biosafety Clearing-House to facilitate the exchange of information on genetically modified organisms and to assist countries in the implementation of the Protocol.

3.4. THE REGIONAL AGREEMENTS 3.4.1. Comité Sahélien des Pesticides (CSP) The Comité Sahélien des Pesticides95 is an important regional initiative to manage pesticides, including the illegal transport of banned pesticides. In 1992, under the umbrella of the Committee on Drought Control in the Sahel (known by its French acronym CILSS), nine countries96 agreed a Common Regulation for Pesticide Registration. This regional system provides for the registration of pesticide formulations. It replaced the previous national registration systems.

The Common Regulation covers the conditions and procedures for registering a formulation, labelling and packaging requirements, protection of confidential information, and control measures. The system is operational through the Comité Sahélien des Pesticides (CSP), which takes joint decisions for the CILSS member states concerning implementation of the Common Regulation. The CSP examines requests for registration, maintains a register of all authorisations granted, establishes lists of banned and severely restricted pesticides, inventories the pesticides marketed and used in the CILSS countries, defines the methods for evaluating the composition and the quality of the formulations with respect to health and the environment and coordinates with the national committees for pesticides management in the CILSS countries.

3.4.2. The regional agreements on movements of hazardous waste Complementing the Basel Convention are several regional and subregional agreements also aimed at addressing the movement and management of hazardous wastes. These include: - the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes97 (adopted by the Organisation of African Unity in 1991 and entered into force in 1999); - the Regional Agreement on the Transboundary Movement of Hazardous Wastes98 (adopted by Central American countries in Panama in 1992 and not yet in force); and - the Waigani Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region99 (adopted in 1995 and entered into force in 2001).

94

http://www.biodiv.org/doc/legal/cartagena-protocol-en.pdf.

95

http://www.insah.org/agrosoc/Protectiondesvegetaux/csp/presentation.html.

96

Burkina Faso, Cape Verde, Chad, Guinea Bissau,The Gambia, Mali, Mauritania, Niger and Senegal.

97

http://www.ban.org/Library/bamako_treaty.html.

98

http://www.ban.org/Library/centroamerica.html.

99

http://www.ban.org/Library/waigani_treaty.html.

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3.4.3. The REACH Regulation & the EU regulatory framework for pesticides

REACH gives greater responsibility to industry by reversing the burden of proof concerning the risks associated with chemicals. Manufacturers and importers of substances will be required to gather information on the properties of those substances as well as how to manage them safely, and to register the information in a central database. The act of registration requires submission of a technical dossier or chemical safety report (for substances in quantities of 10 tonnes or more) presenting information on the properties, uses and classification of a substance, in order to demonstrate whether the risks arising from the foreseeable uses will be adequately controlled. The REACH Regulation will utilise the GHS system of hazard classification.

REACH requires manufacturers or importers to pass the information on a chemical’s health, safety and environmental properties as well as risks and risk management measures to downstream distributors and users via safety data sheets. Similarly, any new information gathered by a downstream user must be passed back up the chain so that everyone can take appropriate action. Substances considered of very high concern101 will require an authorisation in order to be placed on the market or used, and further restrictions may be imposed if the suggested risk management measures cannot be demonstrated to be sufficient.

REACH also calls for the progressive substitution of the most dangerous chemicals when suitable alternatives have been identified. REACH also recognises that application of the “precautionary principle” may be in order when making decisions concerning what measures are needed to control adverse effects from chemicals.102 A newly established European Chemicals Agency (ECHA) based in Helsinki, Finland, will support the REACH system.

It will manage the registration of substances and run the databases necessary to operate the system, including a public database in which consumers and professionals will be able to find hazard information. The Agency will also play an important role in the in-depth evaluation of suspicious chemicals and in authorisation of substances.103 The EU is also in the process of a major reform of its legislative framework for pesticides. The current legislation focuses on the start and end-of-life stages of pesticides, but fails to adequately control the use-phase. It divides pesticides into two major groups, plant protection products and biocidal products. Directive 91/414/EEC104 sets strict rules for the authorisation of plant protection products (PPPs). Before a PPP can be authorised, placed on the market and used, extensive risk assessment must be carried out to determine the product’s effects on health and environment. Directive 98/8/EC sets similar rules for biocidal products. Other EU legislation defines maximum residue limits (MRLs) on food and feed-stuffs.

The EU is currently considering a strategy to address the threats to human health and the environment posed by the use of pesticides. A proposal for a Framework Directive sets out common objectives and requirements in order to ensure coherence throughout the EU between the Member States which have more advanced measures addressing these threats and those who have not. It addresses the actual use phase of the pesticides life-cycle, e.g. the temporary storage of pesticides at farm level, the protection of operators, the preparation of the spraying solution and the application itself.

100

http://ec.europa.eu/environment/chemicals/reach/reach_intro.htm.

101

Substances of very high concern are those classified as carcinogenic, mutagenic or toxic for reproduction (CMRs) category 1 or 2; persistent bioaccumulative and toxic (PBT); very persistent and very bioaccumulative (vPvB); or that have been identified on a case-by-case basis as causing serious equivalent effects to human beings or the environment, such as endocrine disrupters. See REACH,Annex VI, available at: http://eurlex.europa.eu/LexUriServ/site/en/oj/2006/l_396/l_39620061230en00010849.pdf.

102

Art. 1(3) of REACH:“This Regulation is based on the principle that it is for manufacturers, importers and downstream users to ensure that they manufacture, place on the market or use such substances that do not adversely affect human health or the environment. Its provisions are underpinned by the precautionary principle.” See also the 2001 EU Communication on the precautionary principle, available at: http://ec.europa.eu/environment/docum/20001_en.htm.

103

For further information, visit: http://echa.europa.eu/reach_en.html.

104

http://ec.europa.eu/food/plant/protection/evaluation/legal_en.htm.

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At the end of 2006, the European Union adopted a major revision of its chemicals regulatory framework known as REACH (Registration, Evaluation and Authorisation of Chemicals) Regulation.100 The new REACH Regulation is aimed at filling the gaps in existing information on the hazardous properties of some 30,000 chemicals, and at ensuring that the necessary information on the safe use of substances is transmitted along the industrial supply chain, leading to reduced risks for workers, consumers and the environment.

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The Framework Directive would make it mandatory for all Member States to establish national action plans, involving all the relevant stakeholders in the process. They would also have to create a system of awareness-raising and training of all professional users. Compulsory inspection of existing application equipment would be introduced and aerial spraying would be prohibited (derogations would be granted in situations where there are no viable alternatives or where it has clear advantages in terms of reduced impacts on health and the environment in comparison to land-based application).

Protection of the aquatic environment would be enhanced, e.g. by the creation of buffer strips along water courses and the use of low spray drift equipment. Member States would designate areas of significantly reduced or zero pesticide use. Safe conditions would be established for storage and handling of pesticides and their packaging and remnants.

Member States would also have to create the necessary conditions for implementing Integrated Pest Management (IPM), which would become mandatory as of 2014. In the context of IPM, the EU would draw up crop-specific standards, the implementation of which would be voluntary. Finally, a set of harmonised indicators would be developed to measure progress in implementing the Strategy.

The strategy features two additional law proposals: one on the requirements to be met by new pesticide application equipment and the other one on the collection of statistics on plant protection products. In addition, the Commission has put forward a proposal for a Regulation105 revising the 1991 directive on the placing of plant protection products on the market. The proposed Regulation would promote substitution of the more hazardous pesticides by less harmful means of pest control.

105

http://ec.europa.eu/food/plant/protection/evaluation/com2006_0388en01.pdf.

IMPLEMENTING THE CODES & CONVENTIONS TO PREVENT PESTICIDE PROBLEMS

04

The previous section provides an overview of the different international instruments that have been agreed among various countries with the aim of addressing chemicals-related problems, with a focus on those relevant to pesticides.

But do all of these conventions and codes fit together and, if so, how? And how can a government and its citizens make sure that the national regulatory scheme is adequate for safe management of chemicals (including pesticides), and for implementing the international obligations it has assumed?

This section examines the various international obligations related to safe management of pesticides in the context of an operational scheme organised around the concept of the “pesticide life cycle.�106 The aim is to provide officials and/or laypersons with a practical approach to what needs to be in place on national, regional and local level in order to implement the international obligations in these agreements and to effectively manage pesticide-related risks at each stage of the chemical life cycle.

The pesticide life cycle begins at the point of manufacture of the active pesticidal substance and continues with its formulation into a product and the subsequent promotion, distribution and sale of that product. The product is then used and/or stored, after which any unwanted products and emptied containers must then be disposed. Figure 4.1 presents the pesticide life cycle concept in schematic form.

Figure 4.1: The pesticide life cycle Raw materials and energy

Formulation of the pesticide product

Transport

Development & manufacture of the active substance

Packaging & labelling Trade and distribution Transport

Cross-border trade In country marketing and distribution Retail sales & handling

Storage Use (application) Disposal (including containers and OPs

106

Art.14 of the Rotterdam Convention.

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The first subsection considers the term ‘implementation’ in the context of the international chemicals agreements. It explains how the term is used in this guide to cover the basic governance structures that governments need to set in place to ensure compliance with international obligations. These include national legislation, institutional structures at national and local levels, administrative systems, monitoring and enforcement.

The next subsection considers cross-cutting elements that should be in an overall national regulatory framework for basic chemicals management that also apply to pesticides. These include assessment and classification of chemicals by hazard, systems for hazard communication, systems for authorisation and de-authorisation, data collection and information sharing, environmental protection, and protection of human health. The final part reviews the legal and practical elements that need to be in place during the pesticide life cycle – from the time of manufacture and/or formulation until its sale and use, through the final stage of waste management and disposal.

The trend in chemicals regulation is that the obligation to control unacceptable risks is a responsibility shared among multiple stakeholders, and not only a task carved out only for governments. For example, the Code of Conduct’s Article 6 on regulatory and technical requirements sets forth a long list of what governments should do, but in the same Article obliges the pesticide industry, if it has knowledge of problems, to take voluntary corrective actions and collaborate with governments to find solutions to difficulties. This industry obligation even extends to voluntary recalls of a pesticide when its use as recommended represents an unacceptable risk to human and animal health or the environment.107 This section therefore also provides summaries of the responsibilities of the various stakeholders at different stages in the pesticide life cycle.

4.1. WHAT IS IMPLEMENTATION? The term ‘implementation’ does not have an equivalent term in many languages and is therefore subject to a variety of interpretations. In this section we use the term ‘implementation’ to refer to the range of measures and actions that a government and other stakeholders need to take in order to ensure that their international obligations are respected within the national territory. These include: National legislation: The international obligations need to become national law in order to be implemented in practice. In some countries, a convention may become part of national law as soon as it is ratified. In other countries, the obligations in an international convention do not take effect until they have been transposed either directly or by reference into national laws. In any case, it is important for the national laws and regulations to state who will be expected to do what, and the sanctions to be applied if those obligations are not carried out. These laws also need to include basic chemicals risk management measures, such as classification and labelling, and regulatory systems specifically tailored to control risks related to the use of pesticides, such as registration systems and training requirements. The FAO guide on Designing national pesticide legislation published in 2007 is particularly useful for advice on how to set in place an overall regulatory framework for pesticides management.108 Institutional structures & resources: National laws remain documents on paper in the absence of implementation.

Implementation of the international chemicals agreements within the national territory requires institutional structures, administrative systems and adequate resources for implementing the various obligations and for ensuring effective management of chemicals, including pesticides.

For example, most conventions require governments to designate competent authorities, i.e., the agencies that will be responsible for implementing the various obligations. These agencies then need to be provided with the resources (trained staff, equipment, etc.) required to carry out specific duties related to the international agreement and to monitor and report on compliance with the obligations.

107

Art. 8.2.5 of the Code of Conduct.

108

J.Vapnek, I. Pagotto & M. Kwoka. Designing national pesticide legislation, FAO Legislative Study 97) (Rome, 2007). Order online at:

http://www.fao.org/icatalog/search/dett.asp?aries_id=109041&ch_lang=en. See also the UNEP/FAO Guide on the Development of National Laws to Implement the Rotterdam Convention, available at:http://www.pic.int/Guidance/Guide-National%20Laws.pdf.

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•

International communications & coordination. There generally needs to be a designated national authority (DNA) responsible for all communications between the national government and the convention (or code) secretariat. Often known as the “national focal point” for the convention in question, this authority serves as the interface between the convention secretariat and any implementing committees, working groups or civil society participation working at international level to implement various elements of the convention.

•

National communications & coordination. An authority responsible for coordinating among the various national bodies is also needed – one with competence for different aspects of implementing the obligations in an international agreement. This coordinating role is very important to ensure systematic information exchange and sharing of databases, and to avoid duplicative or contradictory activities. The need for coordination is clear when one considers that most countries’ systems of pesticide management involve, at a minimum, the ministries and/or agencies with these national level functions: •

Promotion of agriculture, e.g., extension services

•

Registration (licensing) of pesticide products

•

Standard setting and licensing, e.g., laboratory facilities for chemicals analysis

•

Protection of the environment, e.g., monitoring of any impacts on the environment, such as on biodiversity or water quality, and taking special measures if needed

•

Protection of human health (treatment of poisonings, registry of poisoning incidents)

•

Protection of consumers (standards for residues on foods, monitoring & testing of foods)

•

Protection of workers (inspections of conditions for agricultural labourers or workers in formulation facilities)

•

Border control, e.g., customs

•

Export and import requirements, e.g., licensing authorities for import or export

•

Monitoring & enforcement of marketplace controls, including labelling

•

Standard setting and licensing, e.g., laboratory facilities for chemicals analysis

A successful example of a national chemicals coordinating body can be found in Thailand. In 1996 the National Coordinating Committee on Chemical Safety was formed to coordinate the efforts of the 11 ministries and government agencies concerned, along with various NGOs. The Food and Drug Administration (FDA) served as the secretariat.

The national coordinating committee’s first major responsibility was to develop the National Master Plan on Chemical Safety for the Period 1997-2001, which was then incorporated into the 8th National Socio-economic Development Plan.109 In addition to concerned NGOs (including farmers associations and trade unions), coordinating bodies should also include representatives of regional and local bodies since they may also have important roles to play. For instance, local governments may be in the best situation to handle collection of pesticide-related waste (e.g., used containers), with regional governments assuming responsibility for the safe disposal of such waste in regional hazardous waste facilities.

109

See http://www.fda.moph.go.th/fda-net/html/product/other/tcmp.htm for Thailand’s National Chemicals Management Profile.

04

In some countries responsibilities for the specific tasks stemming from the international chemicals agreements are grouped under one agency, which can lead to better coordination and efficiencies. In other countries, responsibilities may be assigned to different authorities, in which case coordinating mechanisms will be needed. The types of functions or tasks that will need to be carried out by the governments of Parties include:

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•

Specific administrative functions. Some of the chemicals conventions have obligations that require the carrying out of specific administrative tasks. For example, the Rotterdam Convention’s system of prior informed consent (PIC) requires governments to exchange information via post or the internet, as well as to keep records. Governments of both exporting and importing countries are also obliged to actively inform the pesticide industry of its obligations.110 The Basel Convention’s obligations with respect to shipments of hazardous waste require similar systems for information exchange and recordkeeping.

•

Monitoring & enforcement systems: Finally, national measures need to be in place to ensure that the international obligations are in fact respected within the national territory. This requires systems for monitoring what is happening in the marketplaces where pesticides are sold and in the fields where they are applied, along with reporting mechanisms and trained specialists and equipment for carrying out analysis and inspections. There will also need to be consequences, e.g., fines or other sanctions, for any violations found.

The next sections go into these and other elements of implementation in more detail.

4.2. CROSS-CUTTING ELEMENTS FOR BASIC CHEMICALS & PESTICIDES REGULATION While most countries have some form of pesticide regulatory system in place, more general chemicals management rules may be missing. A comprehensive regulatory framework for general chemicals management is important to provide basic foundational capacity for pesticides management throughout the pesticide life cycle and to raise the level of overall protection for human health and the environment.

The term “regulatory framework” includes the national legislation and regulations that establish the basic rules, as well as the institutional structures, including competent authorities, and administrative systems needed for implementing the legal requirements. A number of common features viewed today as “best practices” can be found in many regulatory frameworks for chemicals management. These best practices include: •

Assessment of chemicals to identify and classify by hazard;

•

Assessment of any risks of exposure to the hazard and identification of any protective measures needed;

•

Communication of hazards and protective measures required, e.g., through labelling and safety data sheets, training requirements;

•

Ongoing collection and analysis of data on chemicals, such as products and their uses, as well as impacts on health and environment;

•

Restrictions, including authorisation requirements or bans, where chemical-specific controls are needed.

This section reviews the basic cross-cutting elements found in a general chemicals management regulatory scheme as well as in a well-functioning pesticides regulatory scheme. The international instrument that provides the most comprehensive guidance on regulatory systems for the safe management of pesticides is the Code of Conduct. This section therefore draws heavily on the Code, while also referring to other international instruments, such as the Rotterdam and Stockholm Conventions, where relevant.

The FAO has also developed a number of guidelines on how to implement various provisions of the Code, and these may be found on the FAO website.111 These guidance documents offer information on regulatory requirements but also on implementation and enforcement. The website about the Code of Conduct developed by PAN Germany is another useful source of information,112 especially for civil society.

110 111 112

Art.14 of the Rotterdam Convention. http://www.fao.org/ag/AGP/AGPP/Pesticid/r.htm. http://www.fao-code-action.info/.

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4.2.1. Assessment & classification of chemicals, including pesticides 4.2.1(a) Assessment & classification of chemicals in general Accurate and reliable information about chemicals is at the core of effective chemicals management systems.

Scientific testing and empirical evidence are used to identify intrinsic hazards posted by a particular substance or preparation. Substances can then be grouped together with other substances having similar hazards – a process known as classification.

Information about a chemical’s intrinsic hazards, combined with information about possible types of exposures (both human and environmental), can help to assess the risks likely to occur with respect to that chemical. Risk assessment refers to the analytical methods used to determine the significance of a particular threat, both its nature and extent, while risk management refers to a process of evaluating alternative actions and selecting the most appropriate response to the potential hazard.

It should be noted that the use of risk assessment and risk management tools with respect to chemicals is a problematic and contested process. One debate concerns the degree to which the precautionary principle should be applied; another area of contention revolves around assessment of alternatives and, particularly with respect to pesticides management, the lack of attention to non-chemical alternatives.

The testing of a chemical to determine its intrinsic properties is usually the responsibility of the company that wishes to place the chemical on the market. While the company may suggest which classification would be appropriate for the chemical, the final decision on classification is a regulatory decision taken by the government authority responsible for chemicals management.

In the past, systems for classifying chemicals according to intrinsic hazard have varied from country to country, sometimes creating difficulties for cross-border trades of chemicals. International efforts to classify chemicals have included the UN system covering transport of dangerous goods described in section 2 as well as the WHO Recommended Classification of Pesticides by Hazard.113 As described in Section 3, the 1992 Rio Conference initiated the international effort which has led to the development of the Globally Harmonised System of Classification and Labelling of Chemicals (GHS).114 Both the UN system for transport of dangerous goods and the WHO Recommended Classification of Pesticides by Hazard are undergoing the changes needed to bring them into accordance with the GHS. The second revision published in 2007 is the basic reference.115 The GHS provides common definitions and criteria for identifying whether chemicals and chemical products have one or more intrinsic hazards requiring risk management measures. Assessment is to be on the basis of internationally recognised testing methodologies carried out in accredited testing facilities. Chemicals that are assessed according to internationally recognised standards and that are found to have an intrinsic hazard meeting the internationally agreed criteria are then classified into one of the GHS hazard categories. The box below provides a list of the GHS Hazard Classifications agreed to date.

113 114 115

http://www.who.int/ipcs/publications/pesticides_hazard/en/. http://www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.html. http://www.unece.org/trans/danger/publi/ghs/ghs_rev02/02files_e.html.

04

Hazard classification provides the foundation for measures to assess and manage the risks associated with chemical substances. Classification by hazard is an efficient way to communicate important information to producers, workers, users and even policy makers.

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Box 4.1: GHS Hazard Classifications PHYSICAL HAZARDS

HEALTH HAZARDS

Explosives

Acute toxicity

Flammable gases

Skin corrosion/irritation

Flammable aerosols

Serious eye damage/eye irritation

Oxidising gases

Respiratory or skin sensitisation

Gases under pressure

Germ cell mutagenicity

Flammable liquids

Carcinogenicity

Flammable solids

Reproductive toxicity

Self-reactive substances and mixtures

Specific target organ systemic toxicity – Single

Pyrophoric liquids

exposure

Pyrophoric solids

Specific target organ systemic toxicity – Repeated

Self-heating substances and mixtures

exposure

Substances and mixtures which, in contact with

Aspiration hazard

water, emit flammable gases Oxidising liquids Oxidising solids Organic peroxides

ENVIRONMENTAL HAZARDS

Corrosive to metals

Hazardous to the aquatic environment

There are many gaps in the information available on the intrinsic hazards of the chemicals in use today. Of the over 100,000 chemicals on the global market, only a very limited number have been adequately tested for hazardous properties, and therefore many chemicals remain unclassified.

In an effort to address this problem, several countries have started programmes to test those chemicals already on the market for which there is already concern. The most ambitious effort to date is the REACH (Registration, Evaluation and Authorisation of Chemicals) framework adopted by the EU and which came into force in 2007.116 A Regulation to introduce the GHS system of hazard classification as part of the REACH framework is expected to be adopted by the EU in 2008.

4.2.1(b) Assessment & classification of pesticides Most national regulatory frameworks for pesticides establish a registration scheme that requires prior assessment of pesticide active ingredients and formulations to identify risks and to determine whether their marketing, sale and use should be permitted in the territory. Most registration schemes (see below) typically require the company – as part of its registration application – to provide scientific information and data on the efficacy of the pesticide or pesticide product for a particular use, along with information on intrinsic hazards and related health or environmental risks.

The chemicals in a pesticide product include the “active ingredients” as well as other substances that make up a particular formulation. These other substances – often called “inert ingredients” – are included in order to make these products more potent or easier to use,117 and may also be hazardous. The GHS system of classification applies to these inert ingredients as well.

Responsibility for gathering the data needed for the assessment of pesticides usually rests with the company that wishes to register the active ingredient or formulation for sale on the market. These data are usually obtained via tests carried out by the applicant on the pesticide or pesticide product. The Code of Conduct requires that the active ingredients and formulation should be tested according to internationally recognised methods,118 in accordance with sound scientific procedures and the principles of good laboratory practice.119

116

Details on REACH are available at: http://ec.europa.eu/environment/chemicals/reach/reach_intro.htm. See also the website of the European Chemicals Agency website at: http://echa.europa.eu.

117

See http://www.pesticide.org/ActiveInertsRel.html for more information on hazards posed by so-called inerts.

118

Art. 4.1.1 of the Code of Conduct.

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•

Intrinsic properties (hazards): sufficient information on the properties (e.g., physiochemical or toxic to human health or the environment) of the pesticide active ingredient or other pesticide product ingredients to enable it to be classified by hazard according to internationally accepted systems.120

•

Efficacy: data concerning the effectiveness of the active ingredient and pesticide product for the intended pest control use, gained from tests carried out according to internationally recognised methods and under conditions relevant to those in the regions or countries of use.121

•

Behaviour & fate: information on behaviour & fate of the pesticide and other product ingredients in the environment (e.g., solubility, persistence, products of decomposition), as well as results of residue trials (to provide the basis for establishing appropriate maximum and minimum residue limits). These trials are to be carried out in accordance with Codex Alimentarius and FAO guidelines on good analytical practice.122

The Code of Conduct requires the registration applicant to provide “an objective pesticides data assessment”123 as well as sufficient data to support an evaluation of associated risks and to allow a risk management decision to be made.124 In addition, the applicant is generally required to provide regulatory authorities with any new or updated information as soon as it becomes available.125 This information is assessed by the regulatory authorities who then decide whether or not to permit the product to go on the market. If the authorities consider that the information is not sufficient to fully assess the effectiveness and adequacy of the pesticide, the company applying for registration must then provide more information. The applicant seeing the registration of a pesticide product or formulation may request that some of the information be kept confidential on the grounds of commercial secrecy. National legislation normally includes provisions indicating what information may not be kept confidential, e.g., health and environmental hazards. The conditions for the application of confidentiality are discussed below in section 4.2.7(b).

Box 4.2: Assessment & classification of chemicals, including pesticides Industry: •

Test chemicals for intrinsic hazards and classify accordingly

•

Provide additional data when needed

Governments: •

Establish foundational legislation on classification and labelling, with clear allocation of responsibilities

•

119

Review industry-proposed classification and take final decision

Cf., OECD principles on good laboratory practice (as revised in 1997). OECD, Paris. 1998, available at: http://www.oecd.org/ehs/glp.htm, also Art. 4.1.2 of the Code of Conduct.

120

E.g., classification according to the criteria of Globally Harmonised System of Classification and Labelling of Chemicals (GHS), UNECE, first revised edition 2004.The second revised edition will be published in 2007. Text available at: http://www.unece.org/trans/danger/publi/ghs/ghs_rev01/01files_e.html; Code of Conduct,Art 7.2.

121

Cf., Guidelines on efficacy data for the registration of pesticides for plant protection, FAO, 1985, Rome, available at: http://www.fao.org/AG/AGP/AGPP/Pesticid/;Art. 4.1.1 of the Code of Conduct.

122

Art. 4.1.7 of the Code of Conduct.The Code cites several FAO guidelines on crop residue data and the establishment of maximum residue limits which

123

Art. 6.2.1 of the Code of Conduct.The Code does not define the term “objective pesticides data assessment”.

124

Art. 6.2.1 of the Code of Conduct.The Code does not define the term “objective pesticides data assessment”.

125

Art. 6.1.3 of the Code of Conduct.

are available at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

04

The types of data that are required include:

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4.2.2. Hazard communication (symbols, labelling, safety data sheets) 4.2.2(a) Hazard communication for chemicals in general Hazards posed by chemicals that could lead to risks to humans or to the environment should be communicated effectively to those who use or otherwise come into contact with those chemicals during their life-cycle, e.g., during manufacturing, handling and storage, transport, marketing and use. Systems for classifying chemicals by hazard are therefore often linked to parallel systems of hazard communication. These systems typically feature hazard symbols and codified phrases designed to provide essential information in easily understood formats. Key elements of the GHS hazard communication system include: •

Symbols

•

Precautionary statements

•

Protective measures

Symbols are aimed at communicating the essential information about a substance at a glance, and are intended to be understood whether or not the viewer is able to read. The figure below provides the key hazard symbols agreed to date under GHS. Figure 4.2: GHS Hazard Symbols Flame

Flame over circle

Exploding bomb

Corrosion

Gas Cylinder

Skull & crossbones

Exclamation mark

Environment

Health hazard

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Four of the symbols are used to indicate physico-chemical hazards. The flame symbol indicates that a liquid or solid is flammable or pyrophoric (catches fire spontaneously if exposed to air), while the flame-over-circle symbol is used to show that a liquid or solid is oxidising. The exploding bomb symbol indicates explosivity or self-reactivity, while the gas cylinder indicates gas under pressure.

Three of the symbols are used to indicate hazards to human health. The skull & crossbones indicates acute toxicity – oral, dermal, and inhalation (classes 1, 2 & 3). The exclamation point indicates acute toxicity – oral, dermal, and inhalation (class 4, a lower degree of toxicity). The health hazard symbol (a human head and upper torso with damage inside the chest) is used to indicate a number of hazards, including respiratory sensitisation (class 1), germ cell mutagenicity (classes 1 & 2), carcinogenicity (classes 1 & 2), toxic to reproduction (classes 1 & 2), specific target organ toxicity (classes 1 & 2), and aspiration hazard.

Though these symbols have been designed to communicate specific hazard information at a glance, they may be difficult to understand without prior training to explain the meaning of the pictograms. Moreover, these symbols are different from the pictograms previously recommended under the WHO Recommended Classification for Pesticides.

However, as noted earlier, the WHO system is in the process of revision to bring it into conformity with the GHS. The second element of hazard communication under GHS is the precautionary statement. These are used together with hazard symbols in order to provide the additional details necessary to communicate full information to the user. For example, the label for a substance classified as being acutely toxic to humans (class 1, 2 or 3) should have the skull & crossbones symbol and the appropriate precautionary statement, e.g., “fatal if swallowed”, “fatal in contact with skin”, “toxic if swallowed”, etc., depending on the degree of acute toxicity. If classified as acutely toxic (class 4), the appropriate precautionary statement might be “harmful if swallowed” and the exclamation point symbol should appear.

Labels and safety data sheets are used to communicate the hazardous nature of the substance as well as safety measures to be taken during handling and use. The information needs to be simple enough to be easily understandable by the handler (for instance, during transport) and the user. At a minimum, labels on containers for hazardous substances and products must provide the chemical name and the symbol showing the hazard classification.

The size of the label often limits the amount of information that the label can provide. Too much information on the label can be confusing to the user, especially if the language is technical or the typeface too small for easy reading.

Language can also be a barrier, if the label is not in the language of the user or the user is not literate.

The format of the safety data sheet has been developed in order to provide more extensive information to those who deal with chemicals in the workplace, e.g., during production or their commercial application. Making safety data sheets readily available is intended to enable both employers and workers to understand the hazards of the chemicals they are using, so as to manage those chemicals more safely. While safety data sheets are aimed primarily for use in the workplace, they are also important references for others, including those involved in the transport of dangerous goods, emergency responders (including poison centres), and those involved in the professional use of pesticides.

04

One symbol – the liquid splashing on an object or a hand – can be used to indicate a physico-chemical hazard (corrosive to metal) as well as a human health hazard (skin corrosion/irritation). The ninth symbol – a dead fish beside a dead tree – indicates a hazard to the environment.

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The GHS format for safety data sheets requires the following 16 elements.126 Box 4.3: Elements for Safety Data Sheets 1. Substance & supplier identification

9. Physical/chemical properties

2. Hazard identification

10. Stability/reactivity

3. Composition/ingredients

11. Toxicological information

4. First aid

12. Ecological information

5. Fire-fighting measures

13. Disposal

6. Accidental release measures

14. Transport information

7. Handling and storage

15. Regulatory information

8. Exposure controls/personal

16. Other

protection

Under the GHS system, a safety data sheet (SDS) should be produced for all substances and mixtures meeting the harmonised criteria for physical, health or environmental hazards and for all mixtures that contain substances meeting the criteria for carcinogenicity, reproductive toxicity or specific target organ toxicity in concentrations exceeding certain cut-off limits. This SDS should accompany the chemical throughout the production and distribution process so that workers and other persons who may come into contact with the chemical are informed of its properties and provided with important safety information.

As already noted, it is generally the responsibility of the chemical industry to carry out the testing needed for classification, registration and preliminary labelling. However, classification is ultimately a regulatory decision, since it determines how the chemical must be labelled and whether any additional controls or restrictions are necessary.

National legislation should therefore designate the parties responsible for carrying out classification and labelling, as well as what system of classification and labelling will apply.

While many countries lack the technical capacity for the testing and classification of chemicals, much of this information is readily available from international registries or other sources. such as the future REACH registry. For example, the ILO has developed over 1500 International Chemical Safety Cards,127 which provide essential health and safety information on chemicals to promote their safe use. ICSCs provide information on the intrinsic hazards of specific chemicals together with first aid and fire-fighting measures, and information about precautions for spillage, disposal, storage, packaging, labelling and transport. While ICSCs have no legal status and may not reflect in all cases the detailed requirements included in national legislation, they are used at the “shop floor� level by workers in employers in factories, agriculture, construction and other workplaces and often form part of education and training activities.

The PAN Pesticides Database128 is another important source of current toxicity and regulatory information for pesticides, including links to information on least-toxic and non-toxic methods of pest control. The Source Guide in Annex II provides links for other chemicals databases.

126

http://www.unece.org/trans/danger/publi/ghs/ghs_rev01/English/08e_annex4.pdf.

127

http://www.ilo.org/public/english/protection/safework/cis/products/icsc/.

128

http://www.pesticideinfo.org/.

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Box 4.4: Hazard communication (symbols, labelling, safety data sheets) Pesticide industry: •

Label pesticides in the national language according to classification

•

Provide safety data sheets with all shipments and to professional users

•

Provide additional data when needed

Governments: •

Establish foundational legislation on classification and labelling, with clear allocation of responsibilities

•

Control labels and safety data sheets for compliance

•

Carry out information campaign through agricultural services, radio or TV on how to read labels and interpret the symbols

Help to train workers, farmers, agricultural workers, distributors about importance of reading labels and understanding the symbols and pictograms

4.2.2(b) Hazard communication for pesticides Pesticides are subject to the standard requirements on hazard communication as for other chemicals and must at the same time conform to pesticide-specific labelling requirements, discussed at some length at section 4.3.3(a).

In addition to the mandatory hazard communication symbols described above, other visual communication devices, such as pictograms, are important in pesticide labelling. A pictogram is a stylized drawing used to express important information that must be processed quickly, or when users speak different or have limited linguistic ability (e.g., people with low levels of literacy or little education). Pictograms can be especially important when there is a legal obligation to inform, and for the user to comply with information, mainly for safety purposes, as is often the case when using pesticides.

Below are a series of ‘pictograms’ that have been developed specially to communicate various precautionary measures related to pesticides use. They have been designed to capture attention, increase awareness of risk, and communicate important safety measures to be taken during the application of chemical pesticides.

04

Others (trade unions, civil society, including NGOs): •

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Figure 4.3: Pictograms on precautionary measures Handling liquid

Handling dry concentrate

Application

Wear protection over nose & mouth

Wear gloves

Wear eye protection

Wash after use

Wear overall

Keep locked away and out of reach of children

Wear face shield

Wear apron

Wear respirator

Wear boots

4.2.3. Authorisation & de-authorisation (bans) 4.2.3(a) For chemicals in general The authority to establish restrictions and other regulatory measures when certain chemicals are determined to pose unacceptable risks because of impacts on human health and the environment during their life cycle is an essential element of an overall chemicals regulatory scheme. Under the new REACH Regulation just adopted by the European Union, substances considered of very high concern129 will require an authorisation in order to be placed on the market or used, and further restrictions may be imposed if the suggested risk management measures are not demonstrated to be sufficient.

129

Substances of very high concern are those classified as carcinogenic, mutagenic or toxic for reproduction (CMRs) category 1 or 2; persistent bioaccumulative and toxic (PBT); very persistent and very bioaccumulative (vPvB); or that have been identified on a case-by-case basis as causing serious equivalent effects to human beings or the environment, such as endocrine disrupters. See REACH,Annex VI, available at: http://eurlex.europa.eu/LexUriServ/site/en/oj/2006/l_396/l_39620061230en00010849.pdf.

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Restrictions on chemical use as a means of managing associated risks are at the core of the chemicals conventions.

The Stockholm Convention on persistent organic pollutants (POPs)130 and the Montreal Protocol on ozone-depleting substances131 are both aimed at the phase-out and eventual elimination of certain chemicals which have been found to pose unacceptable risks to human health and/or the environment. The Rotterdam Convention on prior informed consent (PIC)132 is aimed at informing Parties when a chemical in international trade has been severely restricted or banned by other Parties to the Convention for health or environmental reasons, so that importing countries can take informed decisions about whether additional measures are needed to manage any associated risks.

In addition to negative bans, such as the Stockholm Convention’s list of POPs, regulatory schemes can also be based on positive lists, e.g., chemicals which have been determined, after an assessment process, to be suitable for a particular use. Annex I of the EU Directive on plant protection products, which lists active substances approved for inclusion in pesticide products, is an example of the use of a positive list.134 4.2.3(b) For pesticides in particular The Code of Conduct states that governments should strive to establish pesticide registration schemes to ensure that each pesticide product is registered before it is made available for use.135 A pesticide registration/authorisation system requires a government to have the relevant technical capacity to handle the registration of pesticides, and to ensure that only registered pesticides are placed on the market for sale and use within the territory. At a minimum, this requires designation of a competent authority and ensuring sufficient trained personnel to carry out a scientific assessment of the data put forward in any applications for registration of a pesticide active ingredient or product.

Monitoring capacity should also be in place so that any non-registered products that may enter the market can be identified and removed.

The Code of Conduct also recommends that governments cooperate with other governments to establish harmonised pesticide registration requirements, either regionally or by groups of countries.136 The work of the ComitĂŠ SahĂŠlien des Pesticides described in Section 3 is an example of best practice in this regard. The European Union through its Directives on plant protection products and biocides is another example of a successful regional scheme for pesticide authorisation.

The registration/authorisation system should take into account local needs, social and economic conditions, levels of literacy, climatic conditions and availability of appropriate pesticide application and personal protective equipment.137 It should indicate the specific uses for which the active ingredient or product is authorised, as well as any conditions or restrictions related to its use. For example, some pesticides may be considered to pose significant risks that can be managed only by professional users. The regulatory decision may be to not authorise the pesticide product for sale to the general public.

The parameters for taking pesticide registration decisions can vary widely and should be left to the discretion of each government. However, the regulatory and other control measures in place must be sufficient to ensure that the product can be handled with appropriate protections and acceptable levels of risk to the user and the environment.

130

http://www.pops.int/.

131

http://ozone.unep.org/pdfs/Montreal-Protocol2000.pdf.

132

http://www.pic.int/.

133

ftp://ftp.fao.org/docrep/fao/meeting/011/j9387e.pdf.

134

A proposal for a new regulation on authorisation of plant protection products is currently under consideration by the EU. COM(2006) 388 final,

135

Art. 6.1.2 of the Code of Conduct.

136

Art. 6.1.5 of the Code of Conduct.

available at: http://ec.europa.eu/environment/ppps/strategy.htm.

04

In 2006, the FAO Council at its 131st session recommended that the FAO consider activities aimed at risk reduction, including a progressive ban on highly hazardous pesticides.133 The recommendation recognised the limitations of the WHO classification system, where some pesticides with a record of causing health hazards under conditions of use in developing countries, were listed in categories denoting a lower hazard. It noted that in view of the broad range of activities envisaged within SAICM, there was currently the momentum to address the use of highly toxic pesticides (HTPs), especially in developing countries.

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It is important for the registration scheme to allow for periodic reviews of the active ingredients and pesticides138 to enable regulatory action to be taken e.g. if new data emerges concerning risks posed by a particular pesticide or use. This can be ensured by limiting the period of time for which an authorisation is valid. In any case, registrants should be required to inform the authorities whenever new data about risks associated with the use of a pesticide becomes available, so that regulatory action can be taken if necessary.

The registration scheme should also provide for de-registration (i.e. bans and phase-outs) of pesticides whenever appropriate, as when new information indicates that a particular use or all uses within the territory poses unacceptable risks. The international information exchanges under the Stockholm139 and the Rotterdam140 Conventions are important mechanisms through which information gathered in one country can be shared with national authorities in other countries. Civil society and NGOs have played (and can play) an important role here, e.g., by developing “black lists” of problematic pesticides that should be taken off the market, such as PAN’s Dirty Dozen list.141 Box 4.5: Registration & de-registration Pesticide industry: •

Take voluntary corrective action, including recalls for pesticides

•

Pass onto governments new information that may affect a pesticide’s status

Governments: •

Establish registration schemes & designate a competent authority to manage it

•

Establish monitoring system to identify impacts of pesticides

•

Review data on efficacy, impacts on human health & the environment and so on, & take any regulatory actions needed, including deregistration and bans

Others (health practitioners, civil society): •

Collect information on health and other problems associated with pesticides and pass onto the authorities

4.2.4. Data collection & management, including registries 4.2.4(a)

For chemicals in general

The systematic collection of data on chemicals, and their impacts on health and the environment throughout their lifecycles, is an essential component of chemicals management and effective regulation. The Rotterdam Convention142 suggests the establishment of national registers and databases including safety information for chemicals, as one of the measures that may be important for the effective implementation of the Convention. The Code of Conduct and the Stockholm Convention also have information management requirements that could be coordinated with the Rotterdam Convention provisions.

Some data may be collected via national statistics offices, e.g., data on chemicals that are imported and exported.

Other data are most effectively gathered by specialist agencies, e.g., poison centres run by ministries of health should keep records of incidents of poisonings, in order to spot whether certain chemicals may need specific controls.

Inventories of contaminated sites and of stockpiles of obsolete pesticides may also be established as part of a country’s chemicals management scheme.

137

Art. 6.1.1 of the Code of Conduct.

138

Art. 6.1.6 of the Code of Conduct.

139

Art. 9 of the Stockholm Convention.

140

Art. 14 of the Rotterdam Convention.

141

http://www.panna.org/files/dirtyDozenChart.dv.html

142

Art. 15.1(a) of the Rotterdam Convention.

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A number of European countries maintain product registers which provide information on the composition (formulation) of mixtures on the market that include one or more hazardous substances. For example, the Danish Product Register Data Base maintained by the Danish National Working Environment Authority contains information on 140,000 chemical substances (of which more than 14,000 are components in registered products) and 100,000 mixtures or preparations (of which 35,000 are dangerous end-user products).143 Paints and cleaning products are examples of common products that may contain chemicals classified as hazardous. Whether or not the product as a whole is hazardous usually depends on the amount (concentration level) of the hazardous substance compared to the other substances in the mixture. A register can also include information on the companies that are responsible for the product’s manufacture and placing on the market.

A PRTR can enable a government to track the generation and release of potentially harmful emissions as well as the fate of various pollutants over time. Some PRTRs cover transfers of pollutants/wastes to treatment and disposal sites.

Others also aim to cover pollutants released from diffuse sources, such as chemical fertilizers and pesticides released in the course of agricultural practices. PRTRs are thus inventories of pollution from industries and other sources. They are most effective when compiled in electronic form and accessible over the internet. A Protocol on PRTRs145 has been developed under the aegis of the UNECE’s Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters.146 An example of PRTR is the European Polluting Emissions Register (EPER) maintained by the European Environment Agency which is in compliance with the PRTR Protocol requirements.147 Registers such as PRTRs present many advantages, although in countries where computers are scarce and access to Internet difficult, the usefulness of an internet accessible PRTR is diminished and the expense of setting up a PRTR may seem excessive. However, PRTRs can be useful in establishing coordinated nationwide systems for reporting and collecting information on pollutant releases.

4.2.4(b) For pesticides in particular The Code of Conduct charges governments with utilising multiple means for collecting reliable data, maintaining statistics on environmental contamination and reporting specific incidents related to pesticides. These data are to include information on the import, export, manufacture, formulation, quality, quantity, and use of pesticides, in order to assess the extent of any possible effects on human health or the environment.148 Gathering such data requires that governments have the institutional infrastructure for data recording and management, as well as the regulatory powers to require data gathering and reporting in the first place. Accordingly, the Code of Conduct notes the need for governments to improve regulations for collecting and recording data on import, export, manufacture, formulation quality and quantity of pesticides.149 The data collected and recorded will enable authorities to assess the extent of any effects on human health and/or the environment and to follow trends in pesticides use,150 with a view to identifying where additional controls may be needed.

For a national tracking system to be effective, it should cover the pesticides marketed in the country and include health surveillance programmes, along with statistics on health aspects, including effects of pesticides on occupationally exposed people, incidents related to pesticide use, such as accidental and intentional poisonings, and so on. The monitoring system should cover the accepted uses as well as their availability to each sector of the public.

It could also provide for special reviews when indicated by scientific evidence.

143

http://www.at.dk/sw12538.asp.

144

Art. 10.5 of the Stockholm Convention.

145

http://www.unece.org/env/pp/prtr.htm.

146

http://www.unece.org/env/pp/.

147

http://eper.ec.europa.eu/eper/.

148

Arts 5.1.9 and 6.1.8 of the Code of Conduct.

149

Art. 6.1.7 of the Code of Conduct.

150

Art. 6.1.8 of the Code of Conduct.

04

The Stockholm Convention urges Parties to consider developing mechanisms such as pollutant release and transfer registers (PRTRs) for the collection and dissemination of information on estimates of annual quantities of POPs released or disposed of.144 A PRTR is a catalogue or register of potentially harmful pollutant releases or transfers to the environment from a variety of sources. PRTRs have been established by a range of countries in the effort to gather more comprehensive information about a range of pollutants released to air, water and soil.

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Pesticide industry and governments should collaborate in this post-registration surveillance, e.g., on monitoring studies to determine the fate of pesticides and their health and environmental effects under field conditions. Academic expertise may also be valuable. An example of best practice here would be the surveys conducted in the Central American region during the 1990s that revealed extensive impacts to human health and the environment from pesticide use.151 One effective approach is for national legislation to require the manufacturer, importer or distributor to provide national regulatory authorities with any new information that could change the regulatory status of the pesticide, as soon as it is available. Requiring exporters/importer to keep registers or records of quantities of pesticides imported/exported is another potentially valuable mechanism. Many countries now rely on this approach and find it valuable, particularly when producers are based outside of the country. NGOs can also play an important watchdog role in this area.

Establishing and/or maintaining national or regional poisoning information and control centres at strategic locations will provide immediate guidance and first aid.152 These centres collect immediate information on poisoning events that would help to identify problem pesticides and health impacts. The information collected will need to be communicated to the decision-making body for pesticides to enable informed decisions.

Box 4.6: Data collection & management Pesticide industry & distributors: •

Keep registers of pesticides produced and imported (in the case of distributors, pesticides sold)

Governments: •

Establish a register or data based with information about authorised pesticides, including pesticides not authorised (e.g., banned)

•

Establish systems for regularly collecting data on pesticides: import, export, residues on food, use, health impacts, environmental impacts, incidents

•

Compile inventories of contaminated sites and stockpiles of obsolete pesticides

•

Establish systems for health workers to record pesticide poisoning incidents

Health practitioners •

Collect information on health problems associated with pesticide exposure and pass to authorities

4.2.5. Regulatory structures for protection of human health from chemical impacts The exposure of humans to toxic chemicals including pesticides can lead to acute (immediate) or long-term effects, or both. Some chemicals affect humans and other organisms directly, while other chemicals may have an indirect effect on human health, e.g., ozone-depleting substances (ODS) such as chlorofluorocarbons (CFCs) and the pesticide methyl bromide that degrade the stratospheric ozone layer, thereby allowing ultraviolet radiation from space to penetrate to the earth’s surface. This in turn leads to increased incidences of skin cancer, cataracts and other health effects.

Given the incomplete state of scientific knowledge about the impacts of chemicals on human health, many advocate application of the precautionary principle in taking decisions about what measures are needed for protection of human health from negative impacts from chemicals, particularly with respect to vulnerable groups, such as fetuses and young children.

151

E.g., C.Wesseling; C. Hogstedt, P. Fernandez,A.Ahlbom.“Time trends of occupational pesticide related injuries in Costa Rica, 1982-1992”. International

152

Art. 5.1.5 of the Code of Conduct.

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The Code of Conduct urges governments to carry out health surveillance programmes of those who are occupationally exposed to pesticides and to investigate poisoning cases.153 Governments are also to provide guidance and instructions to health workers on exposure avoidance and identification/treatment of suspected pesticide poisoning, and to establish poisoning information and control centres at strategic locations to give immediate guidance in emergencies. The Code of Conduct also charges industry to provide poison-control centres with information about pesticide hazards and on suitable treatment of pesticide poisoning.154 Systematic evidence of health impacts should trigger consideration of withdrawal of authorisation and international communication of the regulatory action, e.g., to the Rotterdam Convention secretariat.

In contrast to pesticides, which are intentionally released into the environment during the use phase of their life-cycle, many other chemicals are unintentional by-products from manufacturing, industrial and combustion processes. Once released into the environment, these chemicals and pesticides may cause local, regional and/or global contamination and lead to exposure of people and wildlife. Chemicals that degrade very slowly in the environment and that may accumulate in humans and animals, i.e., persistent organic pollutants (POPs) are a particular concern.

However, many adverse environmental effects now linked to chemicals were not recognised until many years after the chemicals started to be used, or before methods to identify such effects were developed. There may be other adverse effects that are not yet known to scientists. The current debate over endrocrine-disrupting chemicals is an example of the gaps in scientific knowledge of the impacts of chemicals on flora and fauna, including on human health.

A chemicals management system therefore needs to be complemented by structures that carry out ongoing monitoring of the environment in order to identify adverse effects due to exposure to chemicals and to determine whether preventive measures (including regulatory action) are needed. Application of the precautionary principle may also be in order when making decisions concerning what measures are needed to control adverse effects to the environment from chemicals.

The chemicals conventions recognise the importance of monitoring the environment for adverse impacts from chemicals and of collecting reliable data on those impacts, so that protective measures can be taken.155 The Stockholm Convention156 (Article 11) obliges Parties to encourage and/or undertake research, development, monitoring and cooperation on POPs, including their sources and releases into the environment; their presence, levels and trends in humans and the environment; environmental transport, fate and transformation; and effects on human health and the environment.

More specific obligations to monitor chemicals in the environment in order to observe their impacts on biodiversity can be found in the Rio Convention on Biodiversity (CBD).157 The CBD (Article 7) requires parties to monitor through sampling and other techniques, the components of biological diversity paying special attention to those requiring urgent conservation measures and those which offer the greatest potential for sustainable use. Decision VI/5158 under the CBD sets forth the basis for the International Initiative for the Conservation and Sustainable Use of Pollinators in agriculture, which includes the monitoring of pollinators such as bees, the decline of which is attributed inter alia to use of chemicals in agriculture.159

153

Arts. 5.1.3, 5.1.4 and 5.1.5 of the Code of Conduct.

154

Art. 5.2.2 of the Code of Conduct.

155

Art. 6.1.8 of the Code of Conduct.

156

http://www.pops.int/documents/convtext/convtext_en.pdf.

157

http://www.biodiv.org/convention/convention.shtml.

158

http://www.biodiv.org/decisions/default.asp?lg=0&dec=VI/5.

159

http://www.cbd.int/programmes/areas/agro/pollinators.aspx.

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4.2.6. Regulatory structures for protection of the environment from chemical impacts

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The Ramsar Convention on wetlands has in recent years also noted the importance of monitoring chemicals. The 1996 Recommendation 6.14160 notes that adverse impacts of pesticides and other toxic chemicals can threaten the survival of populations dependent upon wetlands, including populations of many bird species, amphibians, reptiles, fish and mammals, through a multitude of lethal and sub-lethal impacts, while Action 5.1.6 of the Strategic Plan 1997-2002161 aims at identifying the potential impacts on the ecological character of Ramsar sites of global threats including toxic chemicals.

The European Union is considering a revision to its regulatory framework for plant protection product authorisation that would include a trigger for withdrawal of authorisation when certain environmental pollution is registered. The trigger would be linked to environmental quality standards (EQS) being developed for “priority substances” under the EU Water Framework Directive,162 many of which are pesticides. If exceedances of these EQS occur, the proposed revision foresees the possibility of withdrawal of the pesticide authorisation.

4.2.7. Good governance in the context of chemicals regulation Good governance is another basic requirement for effective regulation of chemicals at all stages in their life-cycles, as SAICM explicitly notes.163 Good governance can be defined in various ways but it is generally characterised as being transparent, accountable, participatory, responsive, effective and efficient, equitable and following the rule of law. It seeks to minimise corruption and to take into account the views of minorities and the most vulnerable in society in decision-making. This section looks at several of these elements of good governance in the context of chemicals regulation.

4.2.7(a) Regulatory transparency Transparency in governance means that the decisions taken by governments follow the rules and regulations set in law. It means that information about those decisions is freely available and directly accessible to those charged with their communication, interpretation and enforcement. It also means that enough information is provided and in readily understandable forms and media – not only to decision makers and enforcers but also to those affected by the decisions, including in civil society.

The chemicals conventions reflect and reinforce this understanding of good governance. The Code of Conduct encourages governments to develop administrative procedures to provide transparency in pesticide regulatory processes.164 It emphasises the need for information exchange between regulatory authorities in order to strengthen cooperative efforts.165 Information to be exchanged is to include: (1)

Regulatory actions, such as actions to ban or severely restrict a pesticide in order to protect human health or the environment, information justifying the regulatory action, and other publicly available information upon request.166

(2)

Scientific, technical, economic, regulatory and legal information concerning pesticides, including toxicological, eco-toxicological, environmental and safety data as well as pesticide residues in food and related regulatory actions.167

(3)

The availability of resources and expertise associated with pesticide regulatory activities.168

160

http://www.ramsar.org/rec/key_rec_6.14.htm.

161

http://www.ramsar.org/key_strat_plan_e.htm.

162

http://ec.europa.eu/environment/water/water-framework/index_en.html.

163

Good governance is one of the five key objectives of the overarching policy strategy for SAICM, with specific work areas listed under the SAICM global plan of action. See Draft overarching policy strategy document available at: http://www.chem.unep.ch/ICCM/meeting_docs/iccm1_3/3%20OPS%20E.pdf.

164

Art. 9.2.2 of the Code of Conduct.

165

Art. 9.1.2 Code of Conduct.

166

Art. 9.1.2.1 of the Code of Conduct; see also Art. 14(1)(b)&(c) of the Rotterdam Convention.

167

Art. 9.1.2.2 and 9.4.1 of the Code of Conduct;Arts. 9(1) & 14(1) (a) of the Rotterdam Convention and Art. 9 of the Stockholm Convention.

168

Art. 9.1.2.3 of the Code of Conduct.

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The Rotterdam and the Stockholm Conventions continue this emphasis on transparency and on the importance of justifying a regulatory action by including provisions to ensure international exchange of relevant information with other Parties. See the Rotterdam Convention, Art. 5 and Annex I, on procedures for banned or severely restricted chemicals, and the Stockholm Convention, Art. 8,on procedures for listing chemicals for elimination or restriction.

And, of course, transparency in the context of the chemicals conventions also applies to transboundary movements, e.g., the mechanisms under the Rotterdam and Basel Conventions for exchange of information on the movement and transit of banned or severely restricted chemicals including pesticides, and of hazardous wastes.

4.2.7(b) Access to information and limits to confidentiality

Access to information is a principle that is widely recognised in other international environmental instruments – most notably, the UNECE Aarhus Convention on access to information, public participation and access to justice in environmental matters.169 The Aarhus Convention is considered the most ambitious effort to date to establish transparency in environmental governance. For example, it obliges Parties to make the environmental information they hold publicly available upon request without an interest to be stated, unless the information is confidential because of commercial interests. It also notes that there are limits on what can be kept confidential, as discussed below.

The principle of access to publicly held information has a “push” aspect as well as a “pull” aspect. The “push” aspect refers to a government’s duty to proactively inform its citizens of any risks that might adversely impact on their health and well being. The “pull” aspect refers to the obligation of a government to provide information that it holds if requested by a citizen, particularly if that information is important for health and safety.

The chemicals conventions include both concepts. The Code of Conduct contains several provisions concerning the obligation to actively disseminate the information needed to promote practices that minimise potential health and environmental risks. It calls for training at all appropriate levels (Art. 1.6); coordinated action to disseminate educational materials of all types to pesticide users and other interested parties (Art. 3.6); provision of guidance and instructions to health workers et al. (Art. 5.1.4), and for the establishment of appropriate educational, advisory, extension and health-care services (Art. 6.1.1).

The Stockholm Convention170 likewise recognises the importance of active dissemination of information. Its Article 10 requires each Party, within its capabilities, to facilitate provision of all available information on POPs to the public, develop and implement educational and public awareness programmes on POPs – especially for women, children and the least educated among the population, as well as training of workers, scientists, educators, and so on. This more proactive policy is highlighted in Article 10(4) which encourages parties to use electronic and mass media and other means of communication, and which suggests the establishment of information centres at national and regional levels.

Concerning the “pull” aspect, the Stockholm Convention recognises the importance of ensuring both that the public has access to information on request and that this information is as up to date as possible (Art. 10(1)(b)). Parties are also obliged to make the results of their research and monitoring activities accessible to the public on a timely and regular basis (Art. 11.2(e)).

169

http://www.unece.org/env/pp/.

170

http://www.pops.int/documents/convtext/convtext_en.pdf.

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Transparency in governance includes providing the public with access to information held by the government. An informed public is an important element of democracy in general and, in the case of chemicals, essential for managing risks to health and the environment.

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The Code of Conduct similarly encourages governments to develop legislation and regulations that permit the provision of information to the public about pesticide risks,171 as well as alternative means of pest control. The Rotterdam Convention172 requires Parties to ensure, to the extent practicable, that the public has appropriate access to information on chemical handling and accident management and on alternatives that are safer for human health or the environment than the chemicals in the PIC system (Art. 15.2).

It is of course up to each government to decide how it will implement the obligations to actively disseminate information and to provide public access to the information it holds related to chemicals safety. But as a minimum it is important to ensure public access to information on national regulatory processes and actions that have been taken and/or are pending, and to scientific information, including on health and safety risks posed by chemicals and on safer alternatives to their use.

The obligation to disseminate information is not only on governments. The Code of Conduct and the Stockholm Convention both call for the participation and collaboration of industry to promote and facilitate the provision of information on chemicals, risks and alternatives, especially concerning POPs, as appropriate at national, subregional, regional and global levels (see Code of Conduct section 9.4.1 and Article 10(3) Stockholm Convention). The Code of Conduct also cautions that “to avoid unjustified confusion and alarm among the public, concerned parties should consider all available facts and should promote responsible information dissemination on pesticides and their uses�

(Art. 5.4).

Mechanisms for disseminating chemical-related information. Government authorities seeking a high level of transparency on their chemical regulatory measures must consider how to manage the administrative burden of providing access to information. This task is of course linked to the task of collecting and managing the data in the first place. Mechanisms for management and dissemination of chemicals-related data already tried in some countries include registers, inventories and information centres.

Registers for managing data held by public authorities, e.g., databases of registered pesticides including information on health and safety risks and permitted uses, can be utilised to provide access to information on request. The product register managed by the Danish authorities has already been mentioned. Such registers can also include information on the companies authorised to place the chemical on the market as well as on the risks and any safer alternatives available. Inventories, e.g., of stockpiles of obsolete pesticides and contaminated sites, are another type of database that can be useful for keeping track of various chemical-related problems and for planning response measures.

One very special type of register and database is the Pollutant Release and Transfer Register (PRTR)173 already noted above. In countries where computers are scarce, access to internet difficult, or people are illiterate, the cost of setting in place an electronic-based PRTR may not be justifiable. However, the PRTR model could be used to develop a less elaborate but nonetheless coordinated nationwide system for reporting and collection of pollution information.

The Stockholm Convention notes the possibility for information centres, which could be a valuable mechanism for disseminating information and raising awareness in areas where agriculture is the main activity and for training farmers and retailers. It is especially important to consider media that overcome illiteracy, such as the use of TV and radio for disseminating information in local languages.

One cost-effective mechanism that governments can consider is a national chemical safety website that provides electronic links to international databases accessible through the internet.174 For example, the Secretariat of the Stockholm Convention provides a clearing-house mechanism for information on persistent organic pollutants, including information provided by Parties, intergovernmental organisations and nongovernmental organisations.175 Links could also be provided to the informative databases maintained by some NGOs, e.g., www.pesticideinfo.org.

Finally, national chemicals safety websites could include links to NGOs active within the country, as a means of networking.

171

Art. 9.2.1 of the Code of Conduct.

172

http://www.pic.int/en/ConventionText/ONU-GB.pdf.

173

http://www.chem.unep.ch/prtr/default.htm.

174

For more information on the national chemical safety websites that some countries have developed in collaboration with UNITAR, see: http://www.unitar.org/cwm/np/index.html.

175

Art. 9.4 of the Stockholm Convention..

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Protection of confidentiality and its limits. In some cases, information submitted to governments by a manufacturer or other commercial entity in the process of securing official authorisation to market a chemical or pesticide may be considered commercially sensitive by the company concerned. The company may seek to have the government keep this information confidential, including refusing requests from the public for this information, because of the risk that a competitor could use the information to its advantage, if disclosed.

•

Information on the final regulatory action and the hazards and risks presented by the chemical to human health or the environment;

•

The information contained in the safety data sheet;

•

The production and expiry dates of the chemical;

•

Information on precautionary measures, including hazard classification, the nature of the risks involved, and relevant safety devices;

•

Summary results of toxicological and eco-toxicological tests.

4.2.7(c) Public participation (stakeholder involvement) Public participation is another characteristic of good governance recognised in international environmental instruments. For example, SAICM highlights the need for meaningful stakeholder participation in chemicals management. Public participation can be either direct or through intermediate institutions. But traditional representative democracy is often not sufficient in itself to take account of the concerns of ordinary citizens, particularly the views of the most vulnerable in society who are often those most at risk from adverse effects from chemicals.

Effective participation needs to be informed and organised. This means freedom of information, association and expression on the one hand, and an organised civil society on the other hand.

The UNECE Aarhus Convention177 already mentioned above in relation to access to information, confers specific rights of participation in certain government decisions related to the environment, including during the regulatory process itself. Other international environmental conventions have followed this example by including specific provisions requiring Parties to grant access to information and the right to public participation.

The Stockholm Convention, for instance, requires Parties – within their capabilities – to promote and facilitate public participation in addressing POPs and their health and environmental impacts, and in developing adequate responses.

This is to include providing opportunities for public input at national level concerning implementation of the Convention,178 e.g., during the elaboration of national implementation plans and the plans for cleaning up stockpiles of pesticides and contaminated sites. Many countries have incorporated this approach into their implementation of the Convention, for example.

176

Art. 9 of the Stockholm Convention and Art. 14 of the Rotterdam Convention.

177

http://www.unece.org/env/pp/.

178

Art. 10.1(d) of the Stockholm Convention.

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The right of companies to commercial confidentiality is recognised by the Stockholm and Rotterdam Conventions.176 However, while national legislation can set some grounds for confidentiality, both Conventions are clear that information related to the health and safety of humans and the environment should not be withheld from the public on the basis of confidentiality. Article 14(3) of the Rotterdam Convention gives more detailed guidance as to the kind of information that should not be regarded as confidential:

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The Code of Conduct also recognises the importance of public participation and encourages governments to develop administrative procedures that facilitate public participation in the regulatory process.179 This could include opportunities for the public to submit information during the pesticide registration process and other regulatory actions on, e.g., the toxicology or eco-toxicology of a product or the possibility of safer alternatives. Indeed, the Code of Conduct highlights the role of citizens as watchdogs and invites NGOs and other interested parties to monitor activities related to the implementation of the Code and report these to the Director-General of FAO.180 SAICM’s global plan of action includes work areas on stakeholder participation and on participation by civil society and public interest NGOs.181 Moreover, in the context of health and safety in the workplace, the International Labour Organisation (ILO) Conventions have recognised the fundamental right of workers to be consulted and to participate in decisions related to chemicals. For example, the 2001 Convention on Safety and Health in Agriculture Convention (C184) recognises the right of workers in agriculture to be 2001 to be informed and consulted on safety and health matters including risks from new technologies and to participate in the application and review of safety and health measures.182 To provide sufficient opportunity for meaningful participation, national legislation should clearly establish the situations and processes where the right of participation is granted as well as any parameters, e.g., whether this right is for the public in general or only to specific stakeholders, the procedures to be followed, and so on. Time periods for different types of inputs will need to be realistic and adapted to the specific characteristics of the country as to allow the public to have access to the proposed regulatory measures and the justifying documentation, so that the public can comment and provide additional information.

Box 4.7: Good governance Pesticide industry & distributors: •

Communicate information about hazards to health and the environment associated with pesticides, and protective measures to be taken

Governments: •

Ensure transparency and public participation during pesticide regulatory decision-making

•

Ensure access to information upon request, including to all health-related information on

•

Inform citizens about hazards related to pesticides and protective measures to take,

pesticides, as well as access to justice when rights are infringed alternative pest control methods, and so on, through radio, agricultural services etc Others (trade unions, civil society, including NGOs): •

Request information on pesticides held by public authorities, as needed

•

Participate during pesticide regulatory decision-making

4.2.8. International information exchange & coordination of national reporting International coordination and information exchange creates a framework for networking and solidarity among the Parties to an international agreement and other stakeholders. This can be especially helpful to countries with fewer resources for investigating the impacts of chemicals since they can benefit from the findings of other countries as well as from new technological and scientific developments.183

179

Art. 9.2.2 of the Code of Conduct.

180

Art. 12.9 of the Code of Conduct.

181

SAICM Draft Global Plan for Action,Activities 163-164 on Stakeholder participation and 206 on civil society and public interest NGO participation.

182

Arts. 4 & 8, ILO C184, available at: http://www.ilo.org/ilolex/cgi-lex/convde.pl?C184.

183

For example, the Information Exchange Network on Capacity Building for the Sound Management of Chemicals (INFOCAP) now operated by the SAICM Secretariat, at: http://www.who.int/ifcs/infocap/.

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Information exchange is a way of sharing good practices and finding solutions to common problems by considering solutions adopted by other Parties, if appropriate to a given situation. Information exchange can also be important for enforcement of the international obligations, e.g., communication of information about shipments of an unwanted substance or waste en route to a Party. For example, information exchange is the fundamental means to attain the objectives of the Rotterdam Convention.184 The Code of Conduct highlights the importance of facilitating the exchange of information by dedicating all of its Article 9 to the topic, and by establishing recommendations for governments as well as for international organisations.

Governments are asked to promote the establishment or strengthening of networks for information exchange on pesticides. The networks are to involve national institutions, international, regional and subregional organisations and public sector groups.185

International information exchange also includes reporting by Parties on how they are implementing the various conventions at national level. This is important for determining if there are ways to improve the effectiveness of and compliance with a convention. Reporting on national implementation is typically organised by the national focal points and coordinated by the convention’s secretariat. There are many opportunities for countries to streamline reporting to convention secretariats, e.g., by having one individual act as focal point for the Basel, Rotterdam and Stockholm Conventions or at least to have the work grouped in one central agency.

In practical terms, a Party might need to monitor compliance by carrying out inspections and other informationgathering exercises, such as statistical surveys on imports, exports, sales, use of pesticides and trends. In many cases, international reporting obligations are passed down the line to operators of facilities or farmers who must report to the competent authority on different issues so that this information can be submitted in turn to the convention secretariat.

The Stockholm Convention requires different types of information to be reported. Parties must submit implementation plans which must then be reviewed and updated periodically as well as reports on progress made in the implementation and observance of the convention (Article 7). Each Party must report to the Conference of the Parties the measures it has taken to implement provisions of the Convention and on the effectiveness of such measures in meeting the objectives of the Convention (Article 15). The reports should include statistical data on total quantities of production, import and export of each of the chemicals listed, as well as a list of States from which it has imported each substance and to which it has exported each substance.

The Code of Conduct requires governments to monitor the observance of the Code and report to the FAO DirectorGeneral on progress made. The pesticide industry, NGOs and other interested parties are also invited to submit information on observance of the Code.185

184

Art. 1 of the Rotterdam Convention.

185

Art. 9.1.1 of the Code of Conduct.

186

Arts. 12.7, 12.8 & 12.9 of the Code of Conduct.

04

Effective exchange of information needs an adequate structure. For the chemicals conventions, this structure is ensured through their Secretariats as well as the different working groups, meetings and conferences of the Parties which meet regularly.

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Other obligations to report contained in the chemicals conventions are linked to specific notification mechanisms established by the conventions themselves, i.e.: - Notification of specific exemptions (Article 4.3 of the Stockholm Convention); - Notification of final regulatory actions (Article 5 of the Rotterdam Convention); - Notification of new information (Article 9 of the RotterdamConvention); - Measures and responses concerning exports and imports (Articles 10-12 of the Rotterdam Convention).

4.3. CONTROLS DURING THE PESTICIDE LIFE CYCLE The ‘life cycle’ concept adopted by the Code of Conduct is aimed at addressing all major aspects related to the development, regulation, production, management, packaging, labelling, distribution, handling, application, use and control, including disposal of all types of pesticides, including used containers. Other international chemicals-related instruments are for the most part focused on particular problems at different points in the life cycle of a substance. In combination with best practices used in various countries, these international requirements and recommendations can form the framework for a comprehensive regulatory system for pesticides management.

The section below looks at the various stages in a chemical pesticide’s life cycle and reviews in turn the international requirements and best practices that might be set in place during each stage. It is intended as an introduction to the elements of a regulatory framework – including the national legislation, institutions, coordinating structures, and enforcement systems – that are needed to implement the international codes and conventions.

4.3.1. Manufacturing/formulation The life cycle of pesticides begins with the manufacture of the active ingredient that will give the pesticide its efficacy against the target pest. The manufacturing stage also includes the production of other pesticide formulation ingredients that are then mixed with the active substance to give the pesticide product the characteristics (e.g., solubility, emissibility, penetrability, etc.) desired for the intended application. Since substance manufacture and pesticide formulation may take place at different locations, transport of the chemicals may occur between these steps.

Manufacturing and formulating of pesticides can pose a number of significant risks to workers (e.g., dermal and inhalation exposures) and to the environment (via discharges to water, air and the creation of chemical waste). The provisions in the international codes and conventions relevant to the manufacturing/formulation stage set forth three basic types of requirements concerning: •

The facility itself;

•

The manufacturing process as such;

•

Protection of the workers.

The major requirement for manufacturing facilities is that they be not be located close to communities or nature protection areas. This requirement is aimed at protecting surrounding communities and areas of special environmental value.

Physical planning or zoning legislation can be used to ensure that new facilities are constructed in appropriate places away from residential districts or nature protection sites. Environmental impact assessment is another important tool to ensure that authorities, in deciding whether or not to give permission for construction of a new facility, have considered all potential impacts on health and the environment, and that citizens potentially affected have had a chance to provide their views. In the case of existing facilities already situated close to residential areas, the situation is more difficult to manage, and attention shifts to controls over the manufacturing process as such, e.g., through operating permits.

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The other major requirement for manufacturing facilities, particularly if hazardous chemicals are present as would be the case in the manufacture and/or formulation of pesticides, is that accident prevention measures be in place, as well as plans and procedures for emergency response in case of an accident that have been coordinated with local fire and police authorities and communicated to workers and neighbouring residents.

The standard regulatory mechanism for controlling manufacturing processes is the operating permit, which should state in detail the various conditions such as emission limits that must be met in order for the facility to operate. The section below on BAT provides further details on the permitting process and on requirements in the international chemicals conventions related to the manufacturing stage.

4.3.1(a) BAT to control emissions during manufacture & formulation

There are now a number of internationally approved or recognised standards applicable to the manufacturing stage.

The International Standards Organisation188 (ISO) has set general standards for quality management (ISO 9000) and for environmental management (ISO 14000) that can be used by manufacturers to improve purity, performance and safety in the pesticides manufacturing and formulation process.189 In addition, the World Bank has prepared Environmental Health and Safety Guidelines for a number of industrial sectors, including the pesticide manufacturing and formulation sector. The EHS Guidelines are technical reference documents that provide relevant industry background and technical information aimed at avoiding, minimising, and controlling environmental, health, and safety (EHS) impacts during the construction, operation, and decommissioning phase of a project or facility.190 A number of international instruments, including the Stockholm Convention,191 refer to the standard of best available techniques, or BAT. BAT is intended to reduce the industrial facility’s impact on the environment as a whole and includes ensuring health and safety in the workplace.

Box 4.8: The Stockholm Convention’s Definition of BAT “Best available techniques” means the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for release limitations designed to prevent and, where that is not practicable, generally to reduce releases of chemicals…and their impact on the environment as a whole. In this regard: “Techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned; “Available” techniques means those techniques that are accessible to the operator and that are developed on a scale that allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages; and “Best” means most effective in achieving a high general level of protection of the environment as a whole.

187

Art. 5.5 of the Code of Conduct.

188

http://www.iso.org/iso/home.htm.

189

Information on ISO 9000 and 14000 is available at: http://www.iso.org/iso/en/iso9000-14000/index.html.

190

http://www.ifc.org/ifcext/enviro.nsf/Content/EnvironmentalGuidelines.

191

Art. 5(d) – (f) of the Stockholm Convention.

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Ensuring adequate controls and environmentally sound performance in manufacturing and formulation requires compliance with accepted norms for engineering, performance and operating practices. The Code of Conduct refers to “suitable standards”,187 i.e., those appropriate to the nature of the manufacturing operations and the hazards involved.

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The permitting of an industrial operation on the basis of BAT does not prescribe specific technologies or practices, but rather sets emission limit values that are based on the standards achievable when BAT is applied to that particular production process(es). It can include cleaner technology. The EU requires BAT for all major industrial installations subject to its Directive on integrated pollution prevention and control192 and has elaborated an extensive series of BAT reference documents, including for chemicals installations such as pesticides manufacturing and formulation plants.193 The EU concept of BAT takes into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions. For example, the EU legislation differentiated between new and existing installations and granted existing installations a transitional period for carrying out the technical alterations required to achieve BAT. However, the Stockholm Convention does not provide for this flexibility.

Under the EU regime, the operator of the industrial facility applying for an operating permit usually proposes what BAT should be for its particular industrial process, given the particular characteristics of the facility. The environmental authority in charge of granting such permits must review the application to see if the measures in place or proposed by the operator are indeed BAT. The environmental authority must then prepare a detailed permit stating specific conditions for each stage of the industrial process, such as limits for emissions of pollutants to water or air, energy conservation measures, and requirements for waste management. This process is time-consuming and requires environmental officials with extensive technical knowledge.

Implementation of BAT may also require significant investment in order to change to e.g. more energy efficient production processes and more effective pollution control measures. For these reasons, the requirement of BAT is often limited to major polluting industrial installations operating on a commercial scale where such investments are financially viable.

In many countries, however, small and medium-sized enterprises (SMEs) are frequently involved in manufacturing or formulation of pesticides, and substandard practices are not uncommon. The particular problem of setting and enforcing standards for SMEs carrying out pesticides-related manufacturing is not yet addressed in an international instrument and therefore no guidance can be provided here.

Two voluntary international initiatives are important to mention here. One is the Marrakech Process on sustainable consumption and production.194 The other is the “Responsible Care Initiative�, a global effort of the chemicals industry to address public concerns about the health and environmental impacts from the manufacture, distribution and use of chemicals.195 Through their national associations, chemicals companies commit to work together to continuously improve their health, safety and environmental performance, and to communicate with stakeholders about their products and processes. The number of chemical industry associations embracing the Responsible Care ethic has grown from 6 to 52 countries since 1992.

4.3.1(b) Controls over unintended releases (dioxins, furans) During certain manufacturing processes, including of chemicals such as many pesticides, polluting by-products are unintentionally produced which may be released into the environment. Two of these unintentional by-products, polychlorinated dioxins and furans, are especially harmful to human health and the environment. They result from combustion, e.g., the incineration of chlorine-containing wastes, and from industrial processes such as the production of pesticides. These compounds have no commercial use and are the most potent cancer-causing chemicals known.

Together with hexachlorobenzene (HCB) and polychlorinated biphenyls (PCB), they are listed in Annex C of the Stockholm Convention and subject to the special measures set forth in Article 5 of the Convention.

192

http://ec.europa.eu/environment/ippc/index.htm.

193

BAT reference documents are available for download at: http://eippcb.jrc.es/pages/FActivities.htm.

194

http://www.un.org/esa/sustdev/sdissues/consumption/Marrakech/conprod10Y.htm.

195

http://www.responsiblecare.org/page.asp?p=6341&l=1.

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•

Development of an action plan within two years from the entry into force of the Convention, i.e., 2006, including an inventory of current and projected releases; an evaluation of efficacy of the laws in place; strategies to meet the obligations; education and training concerning those strategies; a schedule for implementing the action plan; and a review every 5 years of those strategies and of their success in reducing anthropogenic releases of the unintended pollutants;

•

The use of BAT in any new waste incinerators, cement kilns, pulp production plants or metallurgical plants carrying out secondary production of copper, aluminium and zinc as well as any new sinter plants in the iron and steel industry. Parties are obliged to require BAT for all new sources in these categories 4 years after the Convention comes into force for that country.196

Specific guidelines have been developed for drawing up national implementation plans for the Stockholm Convention.197 The general guidance provided in the Convention’s Annex C on prevention and release reduction measures will be completed by more detailed guidance documents on BATs.198 The obligation to reduce and eliminate unintentional production of POPs is also relevant to the problem of disposal of obsolete pesticides and pesticides in general since disposal by incineration, including in cement kilns, may entail the production of new POPs, such as dioxins and furans. The application of BAT and BEP (Best Environmental Practices) under the Stockholm Convention combined with the provisions of the Basel Convention provides guidance on environmentally sound disposal operations.199 Section 4.3.6 on waste management provides more details.

4.3.1(c) Protecting workers during manufacture In addition to measures and manufacturing/ formulation standards and practices that reduce releases of chemical pollutants to the environment, companies also have responsibility to minimise risks to workers.

Both the Code of Conduct and the 1990 ILO Convention on Safety in the Use of Chemicals at Work (C170)200 recognise the risks to workers involved during the manufacturing process. The ILO Convention on Chemicals at Work requires employers to adopt a range of measures aimed at protecting workers from the harmful effects of chemicals.

It targets three areas of worker protection related to workplace use of chemicals: measures targeting the production process (exposure and risks), measures aiming at protecting the physical integrity of workers and measures targeting information and worker training.

Measures targeting the production process. Some of these measures are concrete obligations considered as a minimum to guarantee an adequate level of protection, and therefore required to be included as such in the national legislation. In other cases, these measures are of a programmatic nature leaving particular choices in the operator’s hands, e.g., the technology or materials used in the production process. These choices could be elements taken into account during the process of authorising the activity. Measures include:

196 197

i.e., 2008 for those Parties who ratified the Stockholm Convention to bring it into force in 2004.

Interim guidance for developing a national implementation plan for the Stockholm Convention (rev. 2004) available at: http://www.pops.int/documents/implementation/nips/guidance/guidances/docdirec_en.pdf.

198

The Stockholm Convention Secretariat has developed a draft guidance document on BAT (SC BAT/BEP 2004).Available at: http://www.pops.int/documents/guidance/batbep/batbepguide_en.pdf.

199

See also the IPEN Fact Sheet on Alternatives for POPs Disposal (2005). Available in English, French and Spanish at: http://www.ipen.org/ipenweb/library/4_2_dpcbw_doc_2.html.

200

http://www.ilo.org/public/english/protection/safework/cis/products/safetytm/c170.htm. See Recommendation R177 (1990) at: http://www.ilo.org/public/english/protection/safework/cis/products/safetytm/r177.htm.

04

Because prevention is by far the most effective solution to a pollution problem, it may be possible to promote and where appropriate to require the use of substitute or modified materials, products and processes. Wherever unintentional production of POPs cannot be eliminated entirely by substitution of materials, the Stockholm Convention requires a different range of measures:

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1.

Ensuring that workers are not exposed to chemicals in exceedance of exposure limits or other exposure criteria;

2.

Ensuring that exposure is assessed, monitored and recorded;

3.

Choosing the chemical or of technology which minimises or eliminates risks;

4.

Using adequate engineering control measures;

5.

Adopting working systems and practices that eliminate or minimise risks.

Measure to protect the physical integrity of workers. These occupational health and safety measures are of a more concrete nature and can be further specified in the national legislation. These minimum requirements, which are the responsibility of the employer, include: 1.

Adopting adequate occupational hygiene measures;

2.

Implementing measures ensuring the proper use of personal protective equipment and clothing at no cost to the worker;

3.

Providing first aid equipment and arrangements to deal with emergencies (e.g., medical services and so on).

Measures to inform and train workers. It is a fundamental right of workers to be informed of the risks involved in their day-to-day activities, including information on the properties and risks of the chemicals they are exposed to, and any protective measures to avoid harm. Provision of information and training are therefore important mechanisms for reducing risks to workers. The basic obligations identified in the international chemicals conventions include: 1.

Providing information on the identity of chemicals used in the production process, which must be properly classified and labelled and safety data sheets provided;

2.

Informing workers on the hazards associated with exposure to chemicals used at workplace;

3.

Instructing workers on how to obtain and use the information provided on labels and safety data sheets;

4.

Training of workers on a continuing basis in the practices and procedures to be followed for safety in the used of chemicals at work;

5.

Keeping records accessible to workers of the hazardous chemicals used and of monitoring of exposure in the working environment.

Training of workers is also required by the Stockholm Convention201 with respect to unintentional production, and therefore oriented towards workers in the manufacturing process.

201

Arts. 10(1)(e), (g) and 5(a)(iv) of the Stockholm Convention.

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Box 4.9: Manufacturing & formulation Pesticide industry (manufacturers): •

Ensure that manufacturing/formulation of pesticides follow internationally recognised or

•

Locate manufacturing facilities away from residential and protected areas

•

Establish accident prevention measures and emergency response procedures

•

Use substitutes, technologies or modified products and process to reduce unintended releases

“suitable” standard (BAT, BEP)

(dioxins and furans), and minimise/eliminate risks •

Train and inform workers about risks associated with the chemicals they handle and provide any protective clothing & equipment advised in safety data sheet

Governments: •

Establish adequate regulatory framework for pesticides manufacturing, including operating

•

Establish worker protection mechanisms, including systems for responding to complaints in case of irregular practices

•

Carry out inspections of manufacturing plants, including enforcement actions and sanctions if unsafe practices and regulatory violations are identified

Others (trade unions, civil society, including NGOs): •

Inform workers about right to information and to “say no” to unsafe practices

•

Point out irregular practices and carry out “name and shame” campaigns

4.3.2. Crossborder trade For those countries that do not manufacture pesticides, the pesticide life cycle will start with its import into the country.

This section therefore considers the international requirements relating to pesticides in crossborder trade as products, i.e., the Rotterdam Convention and the International Customs Codes. There are important synergies also with the Basel Convention as a control at the end of the pesticide’s life, i.e., pesticide-related waste.

An effective legal framework regulating the import and export of chemicals is also essential for a successful policy to prevent accumulation of stockpiles of pesticides, since in some countries wide open policies towards import of pesticides have led to accumulation of tonnes of obsolete pesticides posing serious threats to health and the environment and that now have to be disposed of.202 4.3.2(a) Preventing unwanted imports through PIC The Prior Informed Consent (PIC) procedure under the Rotterdam Convention is designed to enable a country to prevent unwanted imports of chemicals in general, and pesticides in particular. Under the procedure, prior to the crossborder shipment of a banned or severely restricted chemical, the exporting country’s authorities must inform the authorities of the importing country that a shipment is intended and why the chemical was banned or severely restricted in its country of origin. The exporting country must not allow the shipment to leave its territory unless the importing country gives positive consent to the import.

The first step in implementing PIC is for a Party to designate one or more national authorities that will perform the administrative functions required under the Convention.203 Parties are obliged to ensure that the designated national authority (DNA) has sufficient resources to perform its tasks effectively, and to notify the name of the DNA to the Secretariat.

202

More details on disposal of stockpiles of pesticide are provided at section 4.3.6.

203

The Convention Secretariat has developed a guidance document for designated national authorities describing how the PIC procedure operates.

This document is available at: ftp://ftp.fao.org/docrep/fao/007/y5423e/y5423e00.pdf.

04

permits for facilities and accident prevention measures

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The Rotterdam Convention provides for two procedures. The PIC procedure is for exports of the chemicals listed in the Convention’s Annex III (currently 39 chemicals, including 24 pesticides and 4 severely hazardous pesticide formulations).

This procedure is carried out through the Convention’s Secretariat. Every time the Conference of the Parties decides to list another chemical in Annex III, the Secretariat sends out the related decision guidance document (DGD) to all Parties.

Parties are to send a response to the Secretariat as soon as possible and in any event no later than nine months after dispatch of the DGD. Every six months the Secretariat informs all Parties of the responses received.

A Party’s response can be either a final decision or an interim response. A final decision can be: (i) consent to import; (ii) consent to import but only under specified conditions; or (iii) a refusal to import. An interim response can be: (i) consent to import with or without specified conditions, or refusal to import during the interim period; (ii) a statement that a final decision is under active consideration; (iii) request for further information; (iv) request for assistance in evaluating the chemical. A Party that decides not to consent to import of a chemical or to consent to its import only under specified conditions is obliged to prohibit or make subject to the same conditions all imports of the chemical from any source and domestic production of the chemical for domestic use.

The second procedure is export notification. It applies to chemicals that have been banned or severely restricted at national level by the exporting country but are not (yet) listed in Annex III. As an indication of the number of chemicals in this second category, more than 100 other pesticides and severely hazardous pesticide formulations have been notified by various Parties as being banned or severely restricted within their jurisdictions.204 The export notification procedure requires a Party, before exporting a chemical that it has banned or severely restricted, to provide an export notification to the importing Party. The export notification has to provide the name and address of the relevant DNAs of both the exporting and importing countries, the expected date of the export, the name of the chemical and a summary concerning why it was banned or severely restricted, including hazard classification and use(s), any precautionary measures required, the address of the importer, and any additional relevant information.

The export notification must be provided prior to the first export following the adoption of the final regulatory action, and thereafter before the first export in a calendar year. The importing Party is required to acknowledge receipt of the first export notification of the regulatory action. If this acknowledgement is not received by the exporting Party within 30 days of dispatch, the exporting Party must send a second notification to ensure that it is received by the importing Party.

Under the export notification procedure, the exporting Party is not required to prevent the export from proceeding after the time period for sending the two notifications has elapsed. The responsibility is on the importing Party – if it does not want the chemical to be imported – to stop the shipment e.g. by also banning or severely restricting the chemical within its territory.

As noted above, the Rotterdam Convention does not allow countries to refuse the entry of a PIC chemical if it is authorised at national level or produced domestically for internal consumption.205 It is therefore important for countries to review authorisations at national level on the basis of the information obtained from other Parties through the Secretariat. The notifications, and any other information circulated to Parties by the Convention secretariat, are useful for understanding why other countries have banned or restricted pesticides and can support regulatory actions at national level.

In addition to the Rotterdam Convention’s procedures, countries can set in place further controls over the import of pesticides by establishing licensing or authorisation systems, similar to those in place for implementing the Montreal Protocol. Under this type of system, importers wanting to bring a controlled substance into a country would first need a license or authorisation for that import.

Other controls can include monitoring of the types and quantities of pesticides imported through obligations on importers to keep records and submit annual reports to national authorities. This information can be helpful for taking corrective measures if accumulations of pesticides build up. In addition, customs can pass information on chemicals coming into the country to national authorities who can then compare the data with licensing information and thereby detect potential illegal imports.

204

See list of Final Regulatory Actions at: http://www.pic.int/Reports/06-FRA-Parties-List.asp.

205

Art. 10.9 of the Rotterdam Convention.

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4.3.2(b) International Customs Codes

The Rotterdam Convention recognises the importance of customs procedures in controlling the export and import of Annex III chemicals. In order to facilitate the task of customs authorities in controlling exports and imports of chemicals subject to PIC, its Article 13 encourages the WCO to assign specific Harmonised System customs codes to the chemicals listed in Annex III. Special codes for the first 26 chemicals included in Annex III of the Rotterdam Convention have now been included in the new Harmonised System of international customs codes that came into effect at the beginning of 2007. The WCO, in cooperation with the Rotterdam Convention secretariat, intends to assign special codes to Annex III substances not yet included in the Harmonised System in time for the next revision of the Harmonised System, which will come into force at the beginning of 2012.

4.3.2(c) Green Customs Green Customs is an initiative aimed at strengthening the enforcement of several multilateral environmental agreements.207 It offers information and training materials for enforcement authorities, and in particular customs officials and environmental inspectors to combat illegal trade. Green Customs is supported inter alia by the World Customs Organisation, Interpol, the Rotterdam and Stockholm Conventions, the Basel Convention, the Convention on Biological Diversity, the Convention on International Trade in Endangered Species, UNEP’s OzonAction Programme, and the Ozone Secretariat. The integrated training is aimed at raising the capacity of customs officials to work under several multilateral environmental agreements at the same time in order to increase cost-effectiveness and efficiency. Manuals, including a ‘Green Customs Manual’, a collaborative initiative of the Convention Secretariats, have been issued to supplement the training received by customs officials under the programme.

Box 4.10: Cross-border trade Pesticide industry: •

Respect international controls over cross-border trade in chemicals, including the PIC procedure

•

Refrain from marketing severely hazardous pesticides in countries where regulatory controls, health care facilities and so on are lacking

Governments: •

Designate a national authority (DNA) to receive/review notifications of pending shipments and respond promptly with decisions to accept or not accept imports

•

Train customs officials on controls in place over crossborder trade in restricted chemicals, including pesticides, and empower them to prevent unwanted trade

•

Establish systems for licensing of imports of pesticides and for keeping records of pesticides imported

Others (trade unions, civil society, including NGOs): •

Monitor pesticides available on the market or in use, and inform government of any evidence of illegal trade

•

Denounce illegal trade and carry out “name and shame” campaigns

206

http://www.wcoomd.org/home_wco_topics_hsoverviewboxes.htm.

207

http://www.greencustoms.org/.

04

International cooperation between national customs authorities is important for controlling illegal trade and to ensure greater efficiency in the effort to control trade flows and fight against illegal crossborder activities. Many countries have entered into customs cooperation agreements with their neighbours towards this end. At international level the main international organisations working on customs simplification are the World Customs Organisation (WCO) and the World Trade Organisation (WTO). One of the WCO’s major efforts is the Harmonised System of international customs codes.206 Documentation accompanying international shipments must indicate the international customs code which most accurately describes the shipment’s contents.

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4.3.3. Distribution & marketing within the territory After a pesticide has been manufactured or imported, it begins its commercial life. It may be marketed and distributed to points of sale (e.g., retailers), or sold directly to farmers and/or other professional users. The Code of Conduct is the primary international instrument covering this stage of the pesticide life cycle, which includes how the pesticide is: •

contained and presented for sale, i.e., packaged and labelled;

•

transported to and stored at the points of sale;

•

advertised to attract buyers;

•

merchandised at the point of sale.

This section summarises the requirements for each of these aspects.

4.3.3(a) Packaging & labelling, including in transit The Code of Conduct as well as the other international chemicals conventions emphasise the important role that packaging and labelling play to ensure the safe handling, use and disposal of pesticides. Correct packaging and labelling helps minimise risks for human health and the environment by preventing unintended leakages of the pesticide and by providing information to users so that they can make informed choices at the time of purchase, including how to use the pesticide safely.

Labelling. The basic requirement, as set forth in Article 10 of the Code, is that all pesticide containers are to be clearly labelled in accordance with applicable guidelines, and at least in line with the FAO Guidelines on Good Labelling Practice for Pesticides.208 The primary responsibility for labelling of pesticides lies with the pesticide industry.

According to the Code, labels for pesticide products should: •

Comply with registration requirements, e.g. instructions and conditions of use and safe storage and disposal as well as application methods and equipment;

•

Clearly show the WHO hazard classification of the contents;

•

Include recommendations consistent with those recognised by research and advisory agencies in the country of sale;

•

Include appropriate symbols and pictograms, in addition to written instructions, warnings and precautions in the appropriate language(s);

•

Include warnings against the reuse of containers and instructions for their safe disposal and decontamination, in the appropriate language(s);

•

Identify each lot or batch of the product in numbers and letters that can be understood without additional code of reference, and clearly show the release date (month and year) of the lot or batch and the storage stability of the product;

•

Comply with national or international labelling requirements for dangerous goods in international trade.209

208

http://www.fao.org/WAICENT/FAOINFO/AGRICULT/AGP/AGPP/Pesticid/Code/Download/label.doc.

209

UN Recommendations on the Transport of Dangerous Goods,Thirteenth revised edition, New York and Geneva 2003 available at: http://www.unece.org/trans/danger/publi/unrec/rev13/13files_e.html.

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National legislation is needed to make these into enforceable requirements, e.g., by clearly designating the party responsible for the labelling and packaging of pesticides – usually the manufacturer or, in the case of imported products, the importer. This will ensure accountability in case inadequate or incorrect labelling or packaging leads to harm to human health or the environment. In the case of imported pesticides, one way of ensuring accountability is to require that the entity placing the pesticide on the market must have a registered office in the country where the pesticides are going to be distributed and used.

The label should also be durable and resistant to wear, e.g., printed with indelible ink on sturdy material. In addition, the information on the label should be adapted to the national conditions. For example, pictograms are especially important in areas with high levels of illiteracy. The FAO Guidelines on Good Labelling Practice for Pesticides provide further details on how pesticides should be labelled and the information to be provided therein, including recommendations regarding lay out and other elements such as size, print size, style, colours, composition and so on.

In many cases, the required information cannot be properly summarised in the label. The Code therefore recommends that industry ensure that persons involved in the sale of pesticides have access to sufficient information, such as material safety data sheets. Section 4.2.2 has already discussed the role of the safety data sheet in chemicals management as a mechanism for providing more detailed information primarily to professional users. The safety data sheet complements the label. It is important that the legislation require the content to conform to international standards and be in the national language, as well as – if feasible – the language(s) of the users.

Packaging. The basic obligation for manufacturers, importers and distributors is to ensure that only appropriately packaged pesticides are on the market. According to the Code of Conduct, the pesticide industry should introduce products in ready-to-use packages and provide a range of pack size and types, in particular, size and types appropriate for the needs of small-scale farmers and other local users in order to reduce risks and to discourage sellers from repackaging products in unlabelled and inappropriate containers.

The Code charges governments to prohibit the repackaging of pesticides, unless it is by a licensed operator.

Governments are also to establish a system for licensing premises authorised to carry out packaging and repackaging of pesticides. Industry is also to ensure that packaging and repackaging is only carried out in licensed premises where the responsible authority is satisfied that staff are adequately protected against toxic hazards, that the resulting product will be properly packaged and labelled, and that the content will conform to the relevant quality standards.210 The Code provides a number of basic requirements concerning containers for pesticides, including: •

that all containers are clearly and correctly labelled including, in the appropriate language/s, a warning against the reuse of containers and instructions for the safe disposal or decontamination of used containers;

•

if effective collect systems are NOT in place, only those containers that are not attractive for subsequent reuse should be used;

•

the use of returnable and refillable containers, once effective collection systems are in place;

•

the use of containers that are not attractive to or easily opened by children, particularly for domestic use products.

210

Art. 10.3.2 of the Code of Conduct.

04

The legislation should also establish what information should be provided on the pesticide label. In addition to the recommendations of the Code, the label should include the details (name and address) of the entity placing the pesticide on the market. First aid instructions and advice to doctors in case of poisoning could also be included in the label.

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If a pesticide has been authorised to be sold to the general public, special attention needs to be paid to the labelling and packaging to take into account that the customer is not a trained user. In addition to the basic requirements on packaging and labelling it is especially important that pesticides sold to the general public be packaged in containers that are not attractive to or easily opened by children.

Another special case for labelling and packaging is pesticides intended for export. These requirements are intended to facilitate international trade as well as minimise risks. The basic requirement, as set forth in the Rotterdam Convention, is that pesticides for export are to be labelled in a way that provides adequate information with regard to the risks and/or hazards to human health and the environment, taking into account the relevant international standards.211 Under the Rotterdam Convention, this labelling requirement is compulsory for exports of pesticides banned or severely restricted in the country of export and voluntary in the case of other pesticides. If the chemical will be used by professional users, the Rotterdam Convention requires the pesticide to be accompanied by a safety data sheet with the most-up-to-date information available and in the internationally recognised format.

4.3.3(b) Transport & storage of pesticides The Code requires labels for pesticides to comply with national or international labelling requirements for dangerous goods in international trade. The international requirements are set forth in the UN Recommendations for the transport of dangerous goods,212 based on a system of classification and labelling that has now been aligned with the Globally Harmonised System for classification and labelling of chemicals (GHS) discussed in section 4.2.1.213 The UN Recommendations allocate substances to different packaging groups according to the acute (immediate) risks they pose during transport. Pesticides are part of Class 6 – toxic and infectious substances. Each class is comprised of several divisions, pesticides being considered as part of Division 6.1: “substances liable either to cause death or serious injury or to harm human health if swallowed or inhaled or by skin contact”. Substances in Division 6.1, including pesticides, are allocated among three packaging groups according to the degree of toxic hazard and the concurrent risk during transport, as follows:214 •

Packaging group I: Substances and preparations presenting a very severe toxicity risk

•

Packaging group II: Substances and preparations presenting a serious toxicity risk

•

Packaging group III: Substances and preparations presenting a relatively low toxicity risk.

The aim of the UN Recommendations is to ensure good quality packaging strong enough to withstand the shocks and loadings normally encountered during transport, including transhipment between transport units and between transport units and warehouses as well as removal from a pallet or overpack for subsequent manual or mechanical handling.

211

Art. 13 of the Rotterdam Convention.

212

http://www.unece.org/trans/danger/publi/unrec/rev13/13files_e.html.

213

http://www.unece.org/trans/danger/publi/ghs/ghs_rev02/02files_e.html.

214

Classification of pesticides under Division 6.1 is carried out according to the criteria laid down in section 2.6.2.2 of the UN Recommendations (assignment of packaging groups for Division 6.1 substances). http://www.unece.org/trans/danger/publi/ghs/ghs_rev02/English/02e_part2.pdf.

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National legislation can expressly refer to these Recommendations and require that all pesticides be packaged and labelled accordingly. In the case of Division 6.1 substances, the labelling must include the following symbol:

In addition to risks during transport, there are also risks during the storage and handling of pesticides, whether in the warehouses of importing companies, at the points of sale (shops) or in the houses and storage facilities of users.

There are few internationally agreed obligations concerning storage of pesticides, although the Code of Conduct provides a few recommendations. For example, the Code requires governments and industry to make provisions for safe storage practices at farm level.215 In addition, industry, in cooperation with government, is to ensure that storage of pesticides conforms in principle to the relevant FAO guidelines.216 The basic reference is the FAO Pesticide storage and stock control manual.217 Another important reference is the FAO Guidelines for retail distribution of pesticides with particular reference to storage and handling at the point of supply to users in developing countries,218 which recommends special precautions to avoid risks related to the storage of pesticides. Basic requirements include the obligation to store and display pesticides physically segregated from other merchandise to prevent contamination and confusion with other materials or products.219 This is of course especially important in general retail shops that also sell food, drinks or medicines.

4.3.3(c) Marketing (advertising, promotions) The pesticide industry has an incentive to develop as big a market as possible for its products, and it uses modern techniques of advertising and public relations to develop that market, such as mass media. One problem with promotion of pesticide sales through advertising campaigns is that these campaigns may be inappropriately addressed to a non-specialised public who might be easily misled. Another problem is the risk of over-accumulation, which can lead to pesticide stockpiles.

The Code of Conduct is the only international instrument dealing with advertising and promotion of pesticides.220 The general requirement is that the advertisement is not in conflict with the label directions and precautions, particularly those relating to proper maintenance and use of application equipment, appropriate personal protective equipment, and special precautions for children and pregnant women.

215

Art. 5.3.2 of the Code of Conduct.

216

Art. 10.3.1 of the Code of Conduct.

217

FAO Pesticide Disposal Series N°3, available at: http://www.fao.org/AG/AGP/AGPP/Pesticid/Disposal/index_en.htm.

218

http://www.fao.org/WAICENT/FAOINFO/AGRICULT/AGP/AGPP/Pesticid/Code/Download/retail.doc.

219

Art. 5.1.8 of the Code of Conduct.

220

Art 11 of the Code of Conduct.

04

Figure 4.4: Symbol for Division 6.1 substances

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The main recommendations included in the Code of Conduct’s Article 11 are grouped and summarised below. These requirements apply not only to the advertisement as such but also to any promotional material or activities that could be carried out at the point of sale: •

Restrictions on where to advertise: in particular, pesticides which are legally restricted to use by trained or registered operators should not be publicly advertised through journals other than those catering for such operators, unless the restricted availability is clearly and prominently shown;

•

Interdictions to avoid confusion of pesticides: no company or individual in any one country should simultaneously market different pesticide active ingredients or combinations of ingredients under a single brand name;

•

Responsibility to have a scientific basis for all statements: all statements used in advertisements must be technically and scientifically justified. This implies that scientific language should not be misused to make claims which seem to have a scientific basis they do not possess; or to make guarantees or implied guarantees, such as “more profits with” or “guarantees high yields” when there is no definite evidence to substantiate such claims. No false or misleading comparisons with other pesticides should be made, including no statements comparing the risk, hazard or safety of different pesticides or other substances.

•

Responsibilities concerning statements & visual representations. Advertisements should not contain any misleading information on the characteristics of the product or any statement such as “safe”, “non-poisonous”, “harmless”, “non-toxic”, or “compatible with IPM” or visual presentation likely to mislead the buyer with regard to the “safety” of the product, its nature, composition or suitability for use, official recognition or approval or its effectiveness. They should also not contain any visual representation of potentially dangerous practices, such as mixing or application without sufficient protective clothing, use near food or use by or in the vicinity of children;

•

Responsibility to comply with the conditions of the pesticide’s registration. Specific requirements include: that advertising does not encourage uses other than those specified on the approved label; and that promotional material does not include recommendations at variance with those of the recognised research and advisory agencies.

•

Obligation to encourage appropriate and responsible use: advertisements should encourage purchasers and users to read the label; advertising or promotional material should draw attention to the appropriate warning phrases and symbols laid down in the FAO labelling guidelines; and technical literature should provide adequate information on correct practices including the observance of recommended application rates, frequency of applications and pre-harvest intervals; and advertisements and promotional activities should not include inappropriate incentives or gifts to encourage the purchase of pesticides.

4.3.3(d) At point of sale The Code of Conduct has several provisions covering practices at the point where pesticides are sold to the user. It recommends that governments develop regulations and implement licensing procedures relating to the sale of pesticides, to ensure that those involved in sales are able to provide buyers with sound advice on risk reduction and efficient use.221 A complementary provision charges the pesticide industry to ensure that persons involved in the sale of pesticides are adequately trained, hold appropriate government licenses (where such licenses exist) and have access to sufficient information, such as material safety data sheets, so that they are capable of providing buyers with advice on risk reduction and efficient use.222

221

Art. 8.1.1 of the Code of Conduct.

222

Art. 8.2.7 of the Code of Conduct.

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The Code places responsibility on governments to take regulatory measures to prohibit the repackaging or decanting of any pesticide into food or beverage containers, and to rigidly enforce punitive measures in order to deter such practices. However, to accommodate small-scale farmers and other local users and to discourage sellers from repackaging products in unlabelled or inappropriate containers, pesticide industry should provide a range of pack sizes and types, consistent with national requirements.223 Requirements for retailers to keep records of the quantities of pesticides sold, while not in one of the international instruments, could help to provide an accurate picture of quantities of pesticides used and support monitoring of compliance and enforcement of the legislation

Box 4.11: Distribution & sales Pesticide industry (manufacturers/importers): •

Package and label pesticides in transport according to UN guidelines and for sale in the

•

Provide safety data sheets in the language of the country of destination and/or language of the user

•

Keep records of pesticides imported and sold

Distributors and retailers •

Do not repackage pesticides and ensure labelling is in the national language

•

Train staff to explain information on the labels to buyers and provide assistance on application methods to avoid exposure to humans and environment

•

Keep record of the pesticides sold

Governments: •

Establish adequate regulatory framework to control distribution, packaging, labelling, storage, advertisement and sales of pesticides

•

Establish a licensing system for repackaging and prohibit decanting into food or beverage containers

•

Establish policies, including fiscal policies, to promote non-chemical pest control methods and substitution of less dangerous pesticides

Other (civil society, including NGOs) •

Inspect points of sales to identify inadequate practices

•

Train farmers on pesticides and practices to be avoided, and alternative methods of pest control

223

Arts. 8.1.2 and 8.2.8 of the Code of Conduct.

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language of the country of destination

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4.3.4. Controls during use The application of a pesticide is the point in its life cycle when it is deliberately released into the environment. If the pesticide product is registered and the product is used according to conditions set at the time of registration (which should appear on the label), this use is permissible. Use of an unregistered pesticide is an illegal use. Use of a pesticide other than as instructed on the label is an improper use.

This section considers the measures in place in the international instruments to guard against improper use. It focuses on provisions for preventing improper use by professional users. Professional users include farmers (these may range from large agribusiness establishments to smallholders), professional applicators (aerial sprayers, fumigators, public health vector controllers, etc.), and public authorities (uses in hospitals, transportation right-of-ways, urban parks, etc.).

It does not consider measures for controlling risks to amateur users such as household gardeners, since these are usually managed by setting restrictions on sales to the general public at the registration stage.

4.3.4(a) General assumption: use according to label The primary source of international guidance on pesticides management is the Code of Conduct. However, this is primarily addressed to governments and the pesticide industry and provides little guidance for the actual user of a pesticide product.224 The process of registration of pesticides is supposed to include consideration of risks during use, as well as any precautionary measures needed to keep risks to acceptable levels. Precautionary measures aimed at minimising adverse impacts during use (e.g. protective clothing and equipment, no-spray zones) are usually established as part of the registration process.

The label and/or safety data sheet is the key mechanism to provide users with relevant information on the conditions set during registration for minimising risks for health and the environment when using a pesticide product. The general presumption is that the user will read the label and/or safety data sheet and follow the instructions. However, the reality is often different. Users frequently fail to read the safety instructions on the label or choose to ignore the label advice. As a result, many uses of pesticides are improper, i.e., not according to label instructions. Even in countries like Sweden, where all farmers must undergo specific training on proper use of pesticides, an estimated 30% of farmers do not follow label instructions, including where personal protective equipment is advised.225 In developing countries with high rates of illiteracy, this percentage is undoubtedly higher.

Governments and the pesticide industry can take a number of measures to prevent improper use of pesticides. For example, the Code of Conduct advises avoiding the use of pesticides whose handling and application require use of personal protective equipment that is uncomfortable, expensive or not readily available, especially in the case of small-scale users in tropical climates.226 Governments can implement this advice through the registration process, i.e., by not authorising pesticide products which require personal protective equipment during handling and application.

The Stockholm Convention also requires parties to take appropriate measures to ensure that any use of POPs under the exemptions or purpose allowed is carried out in a manner that prevents or minimises human exposure and release into the environment.227

224

Note, however, that the FAO and WHO have both published guidelines for use of pesticides in agriculture and vector control. See the Annex II: Source Guide for website links.

225

A 1998 study for the Swedish Chemicals Inspectorate (KEMI) found that improper use occurred in at least 30% of applications of pesticides by professional users.

226

Art. 3.5 of the Code of Conduct.This article also advises that preference be given to pesticides that require inexpensive personal protective and application equipment and to procedures appropriate to the conditions under which the pesticides are to be handled and used.

227

Art. 3(6) of the Stockholm Convention.

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4.3.4(b) Promotion of IPM & GAP The third Conference of the Parties (COP3) of the Convention on Biodiversity adopted a decision recognising that an excessive dependence on agrochemicals had produced substantial negative effects on the terrestrial ecosystems, including soil, coastal and aquatic organisms, thus affecting biological diversity in different ecosystems.228 The decision encouraged Parties to promote research into and development and implementation of IPM, in particular methods and practices alternative to the use of agro-chemicals, that maintain biodiversity, enhance agro-ecosystem resilience, maintain soil and water quality and do not affect human health.

Integrated Pest Management, or IPM, is internationally recognised as an important standard covering all pest control situations, and promoted in a number of international instruments as the best option for attaining a sustainable agriculture. However, how to define IPM and what it means in practice remains controversial.

Box 4.12: The Code of Conduct’s Definition of IPM

techniques and subsequent integration of appropriate measures that discourage the development of pest population and keep pesticides and other interventions to levels that are economically justified and reduce or minimise the risks to human health and the environment. IPM emphasises the growth of a healthy crop with the least possible disruption to agroecosystems and encourages natural pest control mechanisms.

The Code of Conduct mentions keeping pesticides and other interventions to levels that are economically justified and reduce or minimise risks to health and the environment. The World Bank in its policy on pest management229 defines ecologically based IPM as a mix of practices relying first and foremost on the application of ecological principles and processes, e.g., managing pest populations through biological control (use of natural enemies such as predators, parasites, pathogens) and cultural techniques, with the use of synthetic chemical pesticides as a last resort and only in the context of an IPM plan. In any case, there is emerging agreement that IPM means keeping the use of pesticides to a minimum and to use alternative means of pest control as much as possible.

Here it is worth noting that the organic agricultural movement has demonstrated the use of chemical pesticides is far less necessary than the pesticide industry would have farmers believe. At the 2007 International Conference on Organic Agriculture and Food Security, the FAO released a report citing the results of recent models of a global food supply grown organically which indicated that organic agriculture could produce enough food on a global per capita basis for the current world population. According to the FAO report, the models suggested that “…organic agriculture has the potential to secure a global food supply, just as conventional agriculture does today, but with reduced environmental impact.”230 The various pest control practices and techniques that in combination are considered IPM are still evolving in light of new knowledge and understanding. Additional research is therefore essential and the Code of Conduct recognises that a wide range of stakeholders should play a proactive role in the development and promotion of IPM.231

228

Decision III/11: Conservation and sustainable use of agricultural biological diversity, adopted at COP3 of the Convention on Biodiversity. Decision available at: http://www.cbd.int/decisions/cop-03.shtml?m=COP-03&id=7107&lg=0.

229

World Bank Operational Policy on pest management (OP 4.09), available at: http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/EXTPOLICIES/EXTOPMANUAL/0,,contentMDK:20064720~menuPK:64701637~pagePK:6 4709096~piPK:64709108~theSitePK:502184,00.html.

230

See http://www.fao.org/organicag/foodsecurity.jsp, and reports on organic agriculture and food security at: ftp://ftp.fao.org/paia/organicag/ofs/OFS-

231

Arts. 3.7 and 3.8 of the Code of Conduct.

2007-5.pdf and on organic agriculture and food availability, at: ftp://ftp.fao.org/docrep/fao/meeting/012/ah952e.pdf.

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Integrated Pest Management (IPM) means the careful consideration of all available pest control

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A related term is integrated crop management (ICM), defined as an approach to farming which aims to balance production with economic and environmental considerations by means of a combination of measures including crop rotation, cultivations, appropriate crop varieties and careful use of inputs. Another concept featured in the Code of Conduct is that of Good Agricultural Practices, or GAP.

Box 4.13: The Code of Conduct’s Definition of GAP Good Agricultural Practice (GAP) in the use of pesticides includes the officially recommended or nationally authorised uses of pesticides under actual conditions necessary for effective and reliable pest control. It encompasses a range of levels of pesticides applications up to the highest authorised use, applied in a manner which leaves a residue which is the smallest amount practicable.

The Code of Conduct’s only other reference to GAP links the use of GAPs to the need to ensure that pesticide residues on agricultural products are within permitted levels.232 In theory, if the conditions of registration are followed to the letter during application of a pesticide on an agricultural product, any residues on the product at the time it is marketed should comply with the maximum residue levels (MRLs) set in the Codex Alimentarius.233 If residues on food and agricultural commodities are within the Codex Alimentarius MRLs, countries may not set up obstacles to prevent their import whatever the mode of production has been.

The FAO has launched a Good Agricultural Practices Initiative as a mechanism to implement Agenda 21’s objective of a sustainable agriculture.234 As in the case of IPM, there is little common ground as to what GAP is in practice.

The concept of GAP is broader than IPM and can refer to a wide variety of elements, not only the use of pesticides for pest control but also more general agricultural management. Crop protection within the framework of GAP requires long-term strategies to manage risks by the use of disease- and pest-resistant crops and pasture rotations, disease breaks for susceptible crops, and the minimal use of agrochemicals to control weeds, pests, and diseases following the principles of IPM. Farm-level recordkeeping is one of the specific practices highlighted in the FAO initiative on GAP. Keeping track, e.g. of pesticide use or alternative methods of pest control, helps farmers to gain a better understanding of their production systems which can lead to less dependency on pesticides and accompanying cost savings. Farm-level recordkeeping can also support monitoring of pesticide use, especially important in controlling compliance with phase-outs of internationally banned or severely restricted pesticides, such as POPs. Requirements for farmers to report their use of pesticides can provide public authorities with important information on use trends and help them to monitor impacts from pesticides use that may be useful for taking decisions on de-registration or re-registration.

232 233

Art. 6.1.11 of the Code of Conduct.

For more information, see: http://www.codexalimentarius.net/web/index_en.jsp, or Understanding the Codex Alimentarius, FAO/WHO, Rome, 2005, at: http://www.fao.org/docrep/008/y7867e/y7867e00.htm.

234

FAO Committee on Agriculture, Seventeenth Session, Rome, 31 March-4 April 2003 on the Development of a Framework for Good Agricultural Practices available at: http://www.fao.org/docrep/meeting/006/y8704e.htm.

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4.3.4(c) Development & promotion of BEP, including alternatives

The Stockholm Convention also recognises the concept of BEP as “the application of the most appropriate combination of environmental control measures and strategies”.238 “Best” means “the best option that is economically feasible under socio-economic conditions present”. The use of BEP is to be promoted by the Parties to the Convention in order to reduce or eliminate unintentional production of POPs, i.e., during industrial processes such as production of chemical pesticides. The Convention Secretariat’s draft guidance document on the use of BEPs has already been mentioned.239

Box 4.13: The UNECE Convention on Transboundary Watercourses’ definition of BEP Best environmental practices (BEP) are to be developed and implemented by Parties “…for the reduction of inputs of nutrients and hazardous substances from diffuse sources, especially where the main sources are from agriculture” (Art. 3(1)(g)). In determining what combination of measures constitute BEPs, particular consideration is to be given to: •

The environmental hazard of the product, the product’s production, the product’s use and the product’s ultimate disposal;

•

Substitution by less polluting processes and substances;

•

Scale of use;

•

Potential environmental benefit or penalty of substitute materials or activities;

•

Advances and changes in scientific knowledge and understanding;

•

Time limits for implementation;

•

Social and economic implications.

In the case of both OSPAR and the UNECE Convention on Transboundary Watercourses, the development of Codes of best environmental practice is recommended. OSPAR Recommendations240 on reduction of inputs to the environment from agricultural pesticides note that BEP includes measures before pesticides are used (e.g., assessment of the need to use a pesticide and knowledge of alternative pest control methods), measures during the use of pesticides (e.g., filling of equipment and application methods), and measures after pesticide use (e.g., cleaning and rinsing of equipment, disposal of residual pesticides and waste containers). The recommended practices are linked to reduction targets and reduction of dependence as the key strategy to achieve reduction of risks due to pesticide use.

235

For more information on OSPAR, see: http://www.ospar.org/eng/html/welcome.html.

236

http://www.unece.org/env/water/pdf/watercon.pdf. See also Guidelines for ECE Governments on the prevention and control of water pollution from fertilizers and pesticides in agriculture, 1995 (ECE/CEP/10) - not available online.

237

OSPAR Recommendation 2000/1, Best Environmental Practice (BEP) for the Reduction of Inputs of Agricultural Pesticides to the Environment

238

Art. 5(f) of the Stockholm Convention.

through the Use of Integrated Crop Management Techniques, available at: www.ospar.org/documents/dbase/decrecs/recommendations/or00-01e.doc.

239

UNEP/POPS/EGB.3/2 – Draft Guidelines on Best Available Techniques and Guidance on Best Environmental Practices, available at: http://www.pops.int/documents/meetings/bat_bep/3rd_session/Default.htm.

240

PARCOM Recommendation 94/7 on Elaboration of National Action Plans and Best Environmental Practice for the Reduction of Inputs to the Environment of Pesticides from Agricultural Use, available at: www.ospar.org/documents/dbase/decrecs/recommendations/pr94-07e.doc, which supersedes PARACOM Recommendation 93/3.

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Another internationally used concept important for the objective of achieving a sustainable agriculture is “best environmental practices” (BEP). This term, though not mentioned in the Code of Conduct, is used in the context of the Oslo-Paris (OSPAR) Conventions for the Protection of the Marine Environment of the North-East Atlantic235 and the UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes236 to include reducing use of agricultural chemicals such as pesticides. According to OSPAR, best environmental practices are changes in agricultural practice which are to “be based upon the knowledge of effective alternative actions and their agricultural effects.”237 The difference between BEP, on the one hand, and IPM and GAP, on the other hand, is that BEP is explicitly focused on reducing environmental impacts.

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Two provisions in the Code of Conduct are similar to the concept of BEP in their focus on measures to limit impacts on the environment. Article 3.9 requires governments to encourage and promote research on and the development of alternatives posing fewer risks such as biological control agents and techniques, non-chemical pesticides and pesticides that are as far as possible or desirable, target-specific, that degrade into innocuous constituent parts or metabolites after use and are of low risk to human health and the environment, while Article 3.10 requires governments and the application equipment industry to develop and promote the use of pesticides application methods that pose low risks to human health and the environment and that are more efficient and cost effective, and should conduct ongoing practical training in such activities.

4.3.5. Protecting farmers and agricultural workers The major international instruments covering protection of farmers and agricultural workers are the ILO Convention 184 on Safety and Health in Agriculture,241 complemented by ILO Recommendation 192.242 These two documents provide a list of obligations and recommendations aimed at protecting agricultural workers. The protection afforded by the Convention and the recommendations are equally relevant for self-employed farmers.243 The ILO instruments recommend formulation of a coherent national policy on safety and health in agriculture with the aim of preventing accidents and injury to health while carrying out agricultural activities. The national policy’s objective is therefore to eliminate, minimise or control hazards in the agricultural working environment. As in the case of any other policy, the legislative framework should designate the competent authorities in charge of implementing this national policy and establish co-ordination mechanisms. It also needs to clearly specify the rights and duties of employers and employees, as well the duties of inspectors and the sanctions in case of breach of the regulations.244 The international texts specify four basic rights for agricultural workers: •

the right to information,

•

the right to have training,

•

the right to protective clothing and equipment, and

•

the right to say no to unsafe practices.

Note that for each right, employers have a reciprocal duty.

The right to information. The protection of workers starts by informing them about the risks of the substances used.

This is a basic right that needs to be recognised and guaranteed in the national legislation. This basic right can be further elaborated by indicating the minimum information to be transmitted, such as all aspects related to health and safety, the identity of chemicals used and their hazardous properties as well as the protective measures to be taken to ensure safe handling – pre-use, use and post-use.

The container label and safety data sheets are the main sources of information for workers. A minimum requirement should be that these provide the essential information about risks and about safety precautions in the official language/s of the country of use. However, agricultural workers often receive the pesticides to be applied without labelling, e.g., if the original product has been mixed and put into another container. And even if the container is labelled appropriately, the agricultural worker or farmer may have no access to its information because of illiteracy.

241

http://www.ilo.org/ilolex/cgi-lex/convde.pl?C184.

242

http://www.ilo.org/ilolex/cgi-lex/convde.pl?R192.

243

Arts. 12 and 13 of the ILO R192.

244

Labour Inspection (Agriculture) Convention (C129) and Recommendation (R133), ILO, Geneva 1969, available at: http://www.ilo.org/ilolex/english/subjlst.htm.

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To address such problems, the national legislation can require the employer to ensure that workers receive comprehensive instruction on safety and health issues and any necessary guidance or supervision, taking into account their level of education and differences in language. This would of course include informing agricultural workers of the hazards and risks associated with their work and of the action to be taken for their protection. A similar obligation to provide information on risks could be placed on the retailer who sells pesticides to farmers.

The right to have training. The ILO Conventions highlight the importance of training as a preventive and protective measure. The national legislation should require the employer of agricultural workers to provide adequate and appropriate training as well as any guidance or supervision necessary to ensure correct handling of pesticides. To ensure proper training, including of farmers, government authorities may need to be involved, e.g., by developing training materials and educational programmes and by providing appropriate trainings to meet the needs of agricultural employers and workers as well as self-employed farmers. Government could create partnerships with employers, pesticide and protective equipment industries as well as universities to carry out training courses. Civil society organisations, and in particular trade unions also have an important role to play in delivering training to farmers at local level.

The Code of Conduct notes that governments need to give special attention to drafting rules and regulations on the availability of pesticides that are compatible with existing levels of users training and parameters.246 The right to protective clothing and equipment. The label or safety data sheet of a pesticide may specify that certain protective clothing and safety equipment should be used during handling and use. Such instructions are not to be taken lightly. They are conditions set by public authorities at the time of registration in order to reduce the risk to the user handling or applying the pesticide.

The Code of Conduct notes that preference should be given to pesticides that require inexpensive personal protective and application equipment procedures appropriate to the conditions of handling and use, including climatic conditions.247 However, it is not uncommon for pesticides to be applied without appropriate protective clothing and safety equipment – whether due to lack of awareness, lack of resources for purchasing the necessary equipment, or because the protective clothing and equipment is too uncomfortable under the conditions of handling and use.

The international instruments specify that protective clothing and equipment should be: •

Manufactured according to recognised national or international standards;

•

Affordable;

•

Adapted to the local conditions of use, including climatic conditions and pose low risks;

•

Maintained, repaired and cleaned after use;

•

Provided to workers at no cost.

Compliance with these requirements implies different duties for public authorities, the pesticide industry, employers and employees. Public authorities could, for example, establish national standards for protective clothing and equipment, application equipment, and so on, and then ensure compliance by only permitting the marketing of clothing and equipment meeting those standards.

245

Art. 10.1(a) & (b) and Art. 9.5 of the Stockholm Convention.

246

Art. 7.1 of the Code of Conduct.

247

Art. 3.5 of the Code of Conduct.

04

The Stockholm Convention includes a broad obligation to inform decision makers and the public at large about POPs, particularly information related to health and safety of humans and the environment.245 Information on alternatives is also to be provided. This could be distributed through safety data sheets but also within a more general strategy or information campaigns on POPs, particularly in agricultural areas if there is concern that POPs are being sold and used illegally.

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The pesticide industry could be required, as a condition of placing a pesticide requiring special risk management measures, to ensure that appropriate and inexpensive protective clothing and safety equipment adapted to the conditions of the pesticide is available at all points of sale and that the pesticide is not sold to the user except together with the appropriate clothing and personal equipment, unless the retailer has determined that the user already is in possession of the appropriate clothing and personal equipment and understands the importance of its used.

Employers have the duty to ensure that proper protective clothing and safety equipment is provided at no cost to their workers, and that the protective clothing and safety equipment is in fact used. This duty includes ensuring that the clothing and safety equipment is maintained, repaired and cleaned. The counterpart duty on workers is to cooperate with employers by complying with the prescribed safety and health measures.

The right to say no to unsafe practices. It is not uncommon that workers may be asked to carry out a task in an unsafe manner, e.g., without appropriate protective clothing and/or equipment. Workers may fear reprisal from the employer if they object to proceeding in an unsafe way. It is therefore essential that the national legislation protect workers by recognising their right to say no to unsafe practices and to remove themselves from danger during their work activity when they have reasonable justification to believe there is an imminent and serious risk to their safety and health. For this right to be effective, the national legislation needs to ensure that the workers will not be placed at any disadvantage as a result of these actions, e.g., that they cannot lose their job if they exercise this right.

Box 4.14: Controls during use Governments: •

Develop and promote alternatives to chemicals for pest control, including IPM

•

Establish agricultural extensive services and training schemes for farmers and other professional users

•

Train farmers on risks related to handling and application, correct application methods to minimise human and environmental exposure, alternative pest control methods, and so on

•

Establish adequate regulatory framework to protect agricultural workers

Employers in agriculture •

Train agricultural workers on the handling and use of pesticides (pre-use, use and post-use)

•

Provide adequate protective clothing/equipment and require its use

Trade unions and NGOs •

Inform workers of their rights to be informed, to say no to unsafe practices, to have protective equipment, and to be trained

Pesticide industry: •

Develop less hazardous pesticide formulations and more comfortable/affordable protective clothing and equipment

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4.3.6. Disposal of waste An essential element of proper handling of pesticides is to safely manage and dispose of any resulting waste. The “polluter pays principle� is relevant here, i.e., the principle of international environmental law that holds that the costs of environmental damage should be borne by the party that caused the damage.

A specific problem is the accumulation of stockpiles of obsolete pesticides. The FAO defines obsolete pesticides as pesticides that can no longer be used for their intended purpose or any other purpose and therefore require disposal.

A pesticide may be obsolete because it has been banned or severely restricted, e.g., the bans and phase-outs of certain POPs under the Stockholm Convention.248 A pesticide may also be obsolete because the product has deteriorated as a result of improper or prolonged storage, so that it can no longer be used according to its label specifications nor reformulated to become usable again. Stockpiles of pesticides pose serious threats to human health and the environment, because these chemicals and their containers are often in poor condition and leakages threaten to contaminate surrounding soil, water, food and air.

4.3.6(a) Preventing stockpiles of pesticides and used containers The best solution is always to prevent the problem in the first place. A good prevention policy may simplify and ease the problems of disposal of containers and unused/unwanted pesticides. Prevention policies are therefore essential to ensure the effectiveness of any programme dealing with clean-up and disposal of OPs. One of the most important causes of accumulation in the past was international donations of chemicals for use in agriculture or vector control. Another causal factor was the centralised purchase and import of subsidised pesticides by governments, for possible distribution to farmers. The Code of Conduct calls on governments, pesticide industry, international organisations and the agricultural community to implement policies and practices to prevent the accumulation of OPs and used containers.249 To avoid future problems in this regard, governments can avoid giving subsidies or accepting donations, and instead adopt a market-driven supply approach. Emergency procedures, including centralised purchase, can be developed for specific situations when other options are not sufficient. The adoption of a preventive policy would imply that subsidies and acceptance of donations would henceforth be very restricted.

If tenders are put out for pesticides purchases, the FAO purchasing procedures for pesticides provide important guidance on how to require extended storage, distribution and disposal services to be included in the contract. These contractual arrangements are important for dealing with any future risk of costs of collection and disposal of stockpiles remaining after use. To avoid corruption, it is of course important that any public procurement process be fully transparent.

248

Art. 6 of the Stockholm Convention addresses the problem of chemicals stockpiles and wastes.

249

Art. 10.7 of the Code of Conduct.

04

Pesticides-related waste can occur at several points: the left-over quantities after application, rinsate from washing out tanks and applicators, and the empty containers themselves. Waste also occurs when large quantities of pesticides have been marketed and distributed but never used, or when a pesticide is banned or severely restricted.

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4.3.6(b) Management of empty containers & other pesticide-related waste Some pesticide-related waste production cannot be prevented, e.g., empty containers as well as small quantities of left-over pesticides. The general principle is that disposal of pesticides wastes and empty containers needs to be done in an environmentally sound manner that eliminates and/or minimises the risks to human health and the environment.

The FAO, UNEP and WHO have developed guidelines on how to establish policies and regulatory instruments for waste management related to pesticides.250 A widespread problem in many low income countries is the reuse of empty pesticides containers for purposes such as containers for carrying drinking water or food. This practice is extremely dangerous since toxic residues may remain in the container. To avoid empty containers being used for purposes other than those for which they were conceived, it is important to put in place a suitable system for the collection and disposal of used containers and other pesticides wastes. Until such a system is in place and even thereafter, there might be a requirement to punch holes in all empty pesticide containers, so that they can no longer function as containers for liquids. In any case, there is a need to educate the public about the risks of such practices and an important role here for local NGOs. A collection scheme for used pesticide containers and left-over pesticides could be a responsibility shared between the government, including local authorities, and pesticide distributors. For instance, farmers could be required to return left-over pesticides and empty containers to the distributor for storage until subsequent collection and disposal either by the government or a private waste management operator specially licensed to carry out such operations.

A fiscal incentive such as a deposit-refund scheme could be used to increase collection rates.

Farm-level collection schemes might also be established featuring regular collection of left-over pesticides and empty containers directly from individual farmers and from retailers, or by setting up local collection points and interim storage facilities where containers and left-overs could be deposited. To make the system more effective and complete, the legal framework would need to include prohibitions against the unauthorised dumping, burning, reselling and re-buying of containers and pesticide left-overs, with sanctions for violations to support the enforcement of these prohibitions.

4.3.6(c) Management & disposal of stockpiles of OPs A problem specific to pesticides is the management and disposal of stockpiles of obsolete pesticides. Significant stockpiles of OPs have accumulated in many developing countries and countries in economic transition, and several programmes and initiatives have been put in place in order to find a suitable solution to this problem. One of the most important programmes in this field is the Africa Stockpiles Programme (ASP).251 Virtually every African country has stockpiles of obsolete pesticides and associated wastes that have accumulated over the past several decades.

The total accumulation on the continent is estimated at some 50,000 tonnes of OPs, as well as tens of thousands of tonnes of contaminated soil. The ASP's objective is to clean up stockpiled OPs and pesticide-contaminated waste in an environmentally sound manner; put in place measures to prevent new accumulations; and build institutional capacity on important chemicals-related issues.

The International HCH and Pesticides Association are similarly working to bring international attention to the problems of OPs in Eastern Europe, Caucaus and Central Asia. In Ukraine alone, 4500 separate stores of OPs have been identified, holding an accumulation of 31,700 tonnes of OPs.252

250

Provisional Guidelines for Prevention and Disposal of Obsolete Pesticides, available at: http://www.fao.org/WAICENT/FAOINFO/AGRICULT/AGP/AGPP/Pesticid/Disposal/guides_en.htm.

251 252

For more information on the Africa Stockpiles Programme (ASP) visit: http://www.africastockpiles.org/.

See http://www.ihpa.info/index.php for more information on the activities of the International HCH and Pesticides Association in the countries in economic transition.

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An important first step in managing stockpiles of OPs is to carry out an inventory of existing stockpiles, including wastes containing or contaminated with pesticides and any OP-containing products/articles still in use. The next step is to develop an appropriate management plan setting forth the way these stockpiles are going to be handled, collected, transported, stored and disposed of in a environmentally sound manner. The action plan needs to be realistic and therefore must be based on the capacity and potential of the country for management and disposal of stockpiles.

Disposal operations should be aimed at destroying or irreversibly transforming the hazardous content.253 If this is not possible, other possibilities for disposal may be foreseen. However, notice that disposal operations that may lead to recovery, recycling, reclamation, direct use or alternative use of POPs are not permitted by the Stockholm Convention and therefore need to be banned by the legislation.254

The export of OPs for disposal must be in compliance with the provisions of the Basel Convention, which sets forth a number of notification and other administrative requirements that may increase the costs of managing and disposing of OP stockpiles. The Basel Convention’s Article 9(a) allows the transboundary movement of wastes if, inter alia, the State of export does not have the technical capacity and the necessary facilities, capacity or suitable disposal sites in order to dispose of wastes in an environmentally sound and efficient manner. The Stockholm Convention further links to the Basel Convention by requiring collaboration for establishing standards for destruction and irreversible transformation as well as for determining what methods constitute environmentally sound disposal.

4.3.6(d) Contaminated sites One of the inevitable consequences of unsafe storage and/or disposal of hazardous pesticides is contamination of the surrounding environment, including soil and water resources. As with OP stockpiles, the first step in managing the problem of contaminated sites is to determine the extent of the problem by compiling an inventory of the contaminated sites in the country.256 A logical place to start is to consider the sites where OP stockpiles have been found or where pesticide manufacture or formulation has taken place.

Determining the extent of site contamination as well as the probable cost of clean-up can be difficult and expensive, and may require gathering of soil and water samples. At a minimum, there should be efforts to “characterise� the contamination at the site to determine if there is any significant risk to human health, e.g., risk of contamination of drinking water supplies. Methods of remediation can range from isolation and control of the contamination in situ, digging up the contamination and carting it away for disposal as hazardous waste, or diminishing the contamination itself via soil washing, microorganisms or other special treatment. Because of the high costs associated with site cleanup, priorities will need to be set. In some cases, fencing off the site to prevent entry by curious children or grazing animals may be a sufficient short-term solution until remediation can be carried out in an environmentally sound manner.

253

Art. 6 of the Stockholm Convention sets forth a number of requirements concerning the measures that should be taken to destroy or irreversibly transform any persistent organic pollutant content, taking into account relevant global and regional regimes governing the management of hazardous wastes.

254

See the IPEN Fact Sheet on Alternatives for POPs Disposal (2005). Available in English, French and Spanish at: http://www.ipen.org/ipenweb/library/4_2_dpcbw_doc_2.html.

255

See Art. 3(2)(b) of the Stockholm Convention.

256

Art.10.5 of the Code of Conduct and Art. 6(1) (e) of the Stockholm Convention.

04

Ideally, the disposal operations should take place in the country where the stockpiles are. However, many developing countries and countries in economic transition do not have the infrastructure to carry out safe disposal of this type of hazardous waste. The Stockholm Convention acknowledges this situation and provides for certain stockpiles of POPs to be exported for the purpose of environmentally sound disposal.255

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Box 4.15: Management of pesticide-related waste Pesticide industry, including distributors and retailers: •

Cooperate in the establishment of collection systems for empty containers and left-over pesticides

Governments: •

Adopt adequate regulatory framework including liability provisions for management of waste, including pesticide-related waste

•

Establish a system for collection of empty containers and left-over pesticides

•

Develop plans for management of obsolete pesticides and contaminated sites

Extension services and NGOs •

Train farmers on how to dispose of empty containers and raise awareness about the dangers of reusing empty containers or obsolete pesticides

4.3.7. Inspection and enforcement Enforcement of laws generally rests on three pillars: (1) prevention, (2) detection and (3) suppression. The second pillar – detection of breaches of the law – is mainly implemented through systems of monitoring and inspection, while the third pillar – repression of non-compliance – is usually carried out via prosecution and sanctions.

Laws covering the different stages in the life cycle of the pesticide (manufacture, marketing, sale, use and disposal) will require different types of enforcement measures. Enforcement may involve agricultural extension agents (to educate pesticide users about the rules and prevention measures); and customs officials, environmental protection and labour inspectors (to detect breaches of the law). Prosecutors and judges are also part of a country’s enforcement mechanism, since they will in the end decide whether to initiate criminal procedures and apply sanctions, including criminal sanctions.

Since the authorities with responsibility for managing risks at the various stages of the pesticide life cycle are also likely to be different, it can be useful for a country to have an integrated monitoring and enforcement structure or strategy in place which clearly distributes competences among the various authorities, agencies and services at national, regional or local level. This strategy should set forth the basis for inter-services collaboration and communication channels for exchange of information among the different authorities, services and corps involved.

This integrated monitoring and enforcement management structure could take the form of a sub-committee within the pesticides management committee.

Possible points for inspections and controls include at the manufacturing facility, at a country’s borders and during transport, in the marketplace (point of sale), at the place of release (e.g., farms), and at places of storage including waste management and disposal sites. For developing countries where awareness may be lacking and resources for enforcement are scarce, citizens and NGOs may be able to contribute by calling the attention of authorities to any infractions they may have observed.

At the point of manufacture or formulation. Controls at the facility where manufacturing or formulation takes place (and including storage facilities) are important to ensure both that banned substances are not being produced and that manufacturing operations are in accordance with applicable standards, including requirements regarding health and safety at work. Inspectors should carry out both planned and surprise inspections and be empowered to adopt preventive and corrective measures, if irregularities are detected.

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At the borders. Controls over unwanted imports need to take place at the borders. Custom officials and border police should be familiarised with the requirements of the Rotterdam and Basel Conventions and the Montreal Protocol concerning transboundary movements of the substances they cover and of waste in general, so that they can detect illegal traffic. Authorities should be able to confiscate any pesticides or wastes being shipped illegally, e.g. without proper labelling or documentation, or to refuse entry into the country. Under the Basel Convention, the country of origin for an illegal shipment of waste is obliged to take it back.257 The Basel Convention Secretariat has developed detailed guidelines concerning detection of illegal traffic and other crimes involving transboundary shipment of waste, and the take-back obligation of the Convention.

At the point of sale. As already described above, the Code of Conduct sets a number of requirements for the marketing of pesticides, including storage conditions, separation from food (if a general store), and obligations not to repackage or mix pesticides. Therefore, inspections at the point of sale are important. This requires the inspector to have a good knowledge of the national requirements concerning marketing of chemicals and pesticides. Citizens and NGOs can help by calling attention to violations witnessed in the marketplace, e.g., improper labelling or repackaging of pesticides.

In order to be credible, it is important to document the infraction carefully, noting the time and date the infraction was observed, and describing the offence that was witnessed. Inspectors should have the power to adopt precautionary, corrective and emergency measures, e.g., confiscation of illegal or irregular stocks or closure of establishments which are selling illegal pesticides and so on.

At farms and plantations. Farm-level inspections are important to ensure that employers comply with the measures regarding health and safety in the agricultural work place, such as providing workers with information and the necessary protective equipment and clothing, and other requirements of the safe management of pesticides (storage facilities and so on). The existence of an adequate and appropriate system of inspection for agricultural workplaces is specifically required by Article 5 ILO C184 according to the principles embodied in the Labour Inspection (Agriculture) Convention and Recommendation, 1969.258 Inspectors should be able to adopt corrective measures, including where appropriate the suspension or restriction of those agricultural activities which pose an imminent risk to the safety and health of workers, until the conditions giving rise to the suspension or restriction have been corrected.259 Inspections is the first step for detecting cases of non-compliance with the legislation but in order to ensure the enforcement of the legislation, sanctions have to be put in place. Sanctions play a very important role as a deterrent for breaches and create confidence in citizens in the applicability of the legislation. However, the existence of sanctions is not enough; they have to be proportionate and dissuasive and they have to be applied, otherwise the deterrent effect disappears.

Sanctions. In general, sanctions, including criminal sanctions, should be established to enforce all the interdictions set forth by the national legislation as well as to punish illegal traffic such as illegal traffic of banned or severely restricted substances and waste (in relation with the Stockholm, Rotterdam and Basel Conventions and Montreal Protocol) and non compliance with health and safety requirements.260 The Code of Conduct specifically requests sanctions in order to enforce the interdictions of repackaging or decanting of pesticides into food or beverage containers.261 It calls for “rigidly enforced punitive measures that effectively deter such practices�. Applicability of any sanctions established by the legislation may require training and awareness-raising of prosecutors and judges.

257

Art. 9 of the Basel Convention.

258

Art. 5(2) of the ILO C184, allows the competent authority to entrust certain inspection functions at the regional or local level, on an auxiliary basis, to appropriate government services, public institutions, or private institutions under government control, or may associate these services or institutions with the exercise of such functions.

259

Art. 4(3) of the ILO C184.

260

Art. 4(3) of the ILO C184.

261

Art. 8.1.2 and 10.4 of the Code of Conduct.

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During transport and storage. The transport of pesticides from the place of manufacturing or point of entry to the point of sale also presents risks that should be controlled. The UN guidelines on transport of dangerous goods, which set requirements for packaging and labelling aimed at prevention of problems such as leakages or fires, are applicable here. Since the police and fire brigades are the first responders in situations of emergency, they should be familiarised with the risks associated with transport of chemicals including pesticides. This may help to engage them in carrying out checks and controls of transporters of dangerous substances, to ensure compliance with shipping documentation, packaging and labelling requirements, and to take enforcement action if serious violations are found.

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PHASING IN THE CHEMICALS CODES & CONVENTIONS

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This section sets forth a type of methodology that can be useful for determining what steps need to be taken in order to comply with the international obligations in the chemicals codes and conventions, and for planning how to go about taking those steps. While it can be adapted to different schemes, it is just one possible approach. Other approaches for making the desired changes to national laws and practices may also be considered.

For example, a number of countries are getting support through the SAICM effort for development of National Chemicals Profiles. The methodology set forth below is compatible with the process of developing such profiles, and related action plans.

It is useful to keep in mind that the no country has yet achieved a perfect system for ensuring compliance with the international codes & conventions. Indeed, all countries can make improvements in their current mechanisms and measures. The important thing is to make progress by carrying out priority measures as they can be achieved.

5.1. STEP-WISE APPROACH FOR PHASING IN THE CHEMICALS CODES & CONVENTIONS The methodology below for phasing in the international chemicals requirements is divided into three phases. Each phase in turn is divided into different steps. Figure 5.1 on the next page provides a diagram of the methodology.

5.1.1. Phase 1: Defining the country situation This first phase is essential to determine the starting point for phasing in the international chemicals requirements.

The Phase 1 steps outlined below should not be considered as independent boxes but rather as part of an interwoven analytical process. The three steps will normally run simultaneously and will serve to already fulfil some of objectives of the steps identified in phases 2 and 3.

Step 1: Baseline analysis. The first step is to identify the baseline conditions in the country or region. This is a type of “mapping� exercise. An assessment of the current situation in the country or community helps to identify any gaps in the legal framework or in the system for implementation, as well as any need for training, technical assistance, equipment or other infrastructure.

The assessment should include a review of the regulatory framework, the institutional framework, the political and social context, as well as resources available at national and international level. These resources include economic resources, e.g., budget, human and technical, and projects developed in the country.

This initial analysis and diagnostic exercise will enable the development of effective plans based on well-defined implementation activities. Systematic gathering of information concerning gaps and needs and good analysis concerning how to meet those needs can help to convince donors that financial or technical assistance will be well spent and lead to concrete results, and is therefore already linked to step 5 (see next page).

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Figure 5.1: Phasing in the International Codes & Conventions

Phase 1: Defining the country situation

Step 1: Baseline analysis

Stakeholder consultation & participation Awareness raising Monitoring & Evaluation

Step 2: Needs assessment Step 3: Identification of priorities and opportunities

Output: Report on country situation Phase 2: Plan for implementing the international obligations Step 4: Evaluation of priorities and crosscutting opportunities (life cycle approach) Step 5: Development of work plan Step 6: Setting benchmarks & indicators for tracking of progress

Output: National workplan for monitoring of progress Phase 3: Implementation

Strengthening the legal framework

Improving technical capacity Step 7: Resource mobilisation National and international

Building the human capacity

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The check lists developed in Annex I can help with this initial assessment, although more data will undoubtedly be needed to complete the assessment. The development of a data gathering plan can help to carry out this first assessment of the situation in the country. The check lists can also be helpful during the process of implementing, as tools for monitoring the progress towards achieving specific benchmarks or milestones. If a National Chemicals Profile has already been developed or is in the process of being developed, an adequate baseline analysis may already be available.

In carrying out this initial baseline analysis, it will be important to determine any institutional or political obstacles that may need to be addressed. These can range from lack of political will within key ministries as well as conflicts between different agencies or personalities that may hamper cooperation. The analysis might also consider citizens’ rights such as access to information, public participation, access to justice, protection of low income and marginalised groups, and so on.

Step 1 also includes the identification of key stakeholders and categories of key stakeholders that should participate in the process of implementing the international chemicals requirements in the country. Initial consultations with help to identify problems and needs in the country and define the political will and capacity needs to meet the international requirements (Step 2).

Step 2: Needs assessment. The diagnosis and needs assessment is normally carried out at the same time as Step 1. This step aims to identify the underlying causes of the various problems that have been spotted (e.g., enforcement problems due to gaps in the legal framework) as well as to determine the enabling environment in the country to adopt an improved pesticides/chemicals management regime (the political will but also the awareness and capacity of stakeholders).

Step 2 will also serve to determine what the country needs are: political, legal, social, economic and technical.

As needs are identified, it can be useful to try to define how those needs might be addressed, including cost estimates. As part of this process it can be very useful to look at what other countries with similar conditions have done to set up effective chemicals management regimes, and to try to identify possible models to follow and/or lessons learned.

Step 3: Identification of priorities & opportunities. Step 2 will typically lead to a long list of needs and of measures that should be taken. However, there are rarely sufficient resources to carry out all of the measures identified at once, and therefore prioritisation will probably be necessary. Moreover, some of the measures may depend on the successful completion of earlier actions. For example, setting in place a system to enforce international requirements for the packaging and labelling of pesticides may require new legislation and capacity building of the officials who will carry out controls in the marketplace.

In addition, there may be other plans, projects or programmes under way that could present unique opportunities for setting in place measures aimed at implementing the international chemicals obligations. National strategies to reduce poverty or technical assistance projects aimed at improving agricultural productivity or targeting a vector-borne illness are just a few examples.

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It will also be important to look at all previous chemicals-related studies and projects that may be relevant to take into account, including any technical assistance from international organisations or bilateral funders such as FAO, UNDP, or World Bank. These may already be directed towards achieving specific priorities and therefore this exercise is linked to step 3 below. It is also essential to coordinate with planned and on-going projects in order to avoid duplication and promote synergies.

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Steps 1 and 2 may also have identified urgent local problems requiring immediate action, e.g., severely hazardous pesticide formulations on the market where a specific intervention is required in order to protect human health or the environment.

In setting priorities, it can be useful to develop criteria, such as the impact on human health or the resources available to implement the measure, and then score or rank the various needs and measures according to those criteria.

The output of this initial phase might be a report on the national situation that identifies key needs and priorities for action. The report should also identify the competent authorities holding responsibility for the various needs as well as the stakeholders who would need to be involved in the priority activities. Aspects that might be highlighted include: 1.

Legislation and policy: whether the legal framework is adequate for safe chemicals management, including for marketing and use of pesticides, and whether the rules in place are respected.

2.

Technical capacity, e.g., the condition of infrastructure in the country for agricultural research and training, monitoring of impacts on human health and the environment, enforcement, including at the borders, and so on;

3.

Human resources: the capacity of key stakeholders, including to what extent the State has the institutional capacity including knowledge and resources to fulfil its international obligations under the chemicals codes & conventions and to what extent industry representatives and pesticide users are aware of the risks which led to the establishment of these international instruments as well as their duties thereunder.

4.

Financial resources: the available capacity in the country, including national budget allocations.

5.1.2. Phase 2: Plan for implementing the international obligations Step 4: Evaluation of priorities & cross-cutting opportunities (life cycle approach). After identifying the needs and opportunities, a further step of evaluation may be needed, especially to obtain a buy-in solution from the various stakeholders. During this phase it can be useful sometimes to develop short briefing papers on e.g., gaps in the national regulatory framework for chemicals management or opportunities for introducing alternative, non-chemical methods of pest control.

Briefing papers can be useful for building awareness concerning national, regional and local priorities as well as for elaborating on how improved chemicals and pesticides management practices can be of benefit in other policy areas and sectors. These briefing papers could be discussed within more tailored working groups in order to obtain further inputs on the issues analysed. While such a process may be time consuming, it can help to build trust among different stakeholders and to ensure that the Work Plan (Step 5) is realistic in terms of implementation.

It can also help to ensure that stakeholders are committed to implement the Work Plan, and to facilitate identification and allocation of the necessary financial resources to address the needs identified.

Step 5: Development of the work plan. At this point, a more systematic action plan should be developed, according to the priorities established above and based on the available resources. This work plan will indicate concrete short, medium and long term actions, including suggestions on the timing of their implementation. A broader stakeholder consultation should take place to discuss the priorities of the work plan and time line for implementation.

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Where projects and programmes in other sectors could help in the implementation of the overall strategy, they could be included in the work plan. Stakeholder consultation will help to identify these programmes as well as possible resources and the level at which specific projects should be designed and/or implemented (national, regional, local). Contacts with stakeholder will also help to determine to what extent and how these stakeholder could participate as drivers or assuming responsibilities in these projects.

Within this context normally three types of projects will be needed: 1.

projects to improve the legislation in the country to incorporate the international obligations into enforceable national law;

2.

projects aiming at updating or creating adequate chemicals management infrastructure in the country or to obtain necessary monitoring tools and equipment

3.

training and other capacity building projects for key stakeholders and to create adequate institutional structures and governance capacity.

Step 6: Setting benchmarks & indicators for monitoring of progress. As the work plan is developed, it is important to identify how progress will be measured. Development of benchmarks (milestones) and indicators, along with a plan for gathering the data for tracking progress in terms of indicators will help in this regard.

Benchmarks are concrete, one-time measures such as drafting of legislation or set-up of a poison information centre, while indicators are used to track trends over time. Examples of indicators might be levels of pesticide residues in groundwater or in agricultural products in the marketplace.

Benchmarks and indicators should be agreed in advance with key stakeholders, and then used to monitor whether political commitments are being kept and the plans implemented as agreed. The use of agreed benchmarks and indicators also ensures more transparency in monitoring and evaluation.

The output from this second phase could be a national work plan for implementing the requirements in the international chemicals codes and conventions. It might include concrete actions to implement the priority measures, benchmarks and indicators for monitoring and evaluation of the strategy, and identification of the lead actors responsible for the implementation of each priority.

5.1.3. Phase 3: Implementation The next stage is of course implementation of the national plan. As noted above, three types of measures will normally be needed: 1.

Measures to strengthen the legal framework;

2.

Investments to improve the technical capacity for chemicals management, including the necessary tools and equipment for monitoring;

3.

Capacity building activities to improve governance skills and to create adequate institutional structures.

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If outside resources will be sought, it will be important for international donors to be present during this stakeholder consultation. This will allow the international community to discuss areas where their input may be effective and to ensure synergies between different projects while avoiding overlaps.

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Coordination structures will be important in order to obtain support and “buy-in” from the stakeholders who will need to comply with the new measures and practices. Consultations and advance testing of options via pilot projects can help to avoid problems and enable making of any adjustments needed to ensure effective implementation of the legal requirements.

Step 7: Resource mobilisation is essential for the implementation of any strategy. The analysis of the budget structure and fiscal/tax policies will have helped to identify opportunities. Contacts with international organisations and donors in the identification of programmes and projects step will have also helped to identify potential resources to implement the priorities identified. A financial strategy should also accompany this exercise which should include an analysis of the financial sustainability of the solutions proposed.

It can also be important to get support. Participation in international fora such as Meetings of Parties to the chemicals conventions can be energizing for the government officials responsible for implementation, and a useful way to approach organisations who may be able to provide technical assistance or other support, such as training.

5.2. HORIZONTAL CUTTING ISSUES During the process described above, three horizontal issues should be taken into account and integrated all along the implementation of the international chemicals codes and conventions. These are (1) stakeholder consultation & participation; (2) awareness-raising; and (3) monitoring & evaluation (feedback).

5.2.1. Stakeholder consultation & participation A workable pesticides/chemicals management regime will need the participation of key governmental and nongovernmental stakeholders. One of the keys to getting this participation is to be diligent about stakeholder consultation. A first step is to identify the relevant stakeholders in the country at national, regional and local level (depending on the focus of the action).

Stakeholder workshops are important at the first stage, in the middle and at the end of the process to discuss findings from each phase as well as when designing and implementing specific plans, programmes and projects.

In an initial workshop, stakeholders contribute with their views on problems and needs in their country with respect to adopting the international chemicals requirements. Such participation is essential for getting a buy-in solution at the end of the process and for the successful implementation of programmes and projects and the longterm sustainability of solutions.

It is also important to set up coordinating structures – whether formal or informal – in order to involve all relevant officials, as well as industry representatives, farmers and other pesticide users as well as concerned citizens, and to avoid wasteful duplication of effort.

5.2.2. Awareness-raising Successful stakeholder consultation and participation can require raising the awareness of key stakeholders as well as the general public. Participation may also require the empowerment of civil society (NGOs, vulnerable groups, marginalised groups, and minorities), if they are to be included in any consultation process.

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Raising the awareness of key stakeholders as well as the general public will benefit the development and execution of a national plan for implementing the chemicals codes and conventions. Awareness among institutions needs also to be raised to create the adequate enabling environment for implementing the national plan. This would include Ministries with competence on issues related to pesticides and chemicals management, as well as local and regional authorities.

Participation also includes the private sector (e.g., industry), farmers and consumers. Participation will be particularly important at local level where most pesticide or chemical use decisions are taken.

5.2.3. Monitoring & evaluation (feedback mechanism)

05

No chemicals management system is perfect, and it is always possible to make improvements. Therefore, as implementing measures are taken, it is important to remember to monitor the situation as the new measures unfold, and to evaluate whether the expected results have been achieved. Any problems or gaps in implementation identified can then be addressed by making adjustments or taking additional measures, as needed.

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WHERE TO GET ASSISTANCE FOR NATIONAL EFFORTS

06

The international chemical conventions acknowledge the need for international assistance to developing countries to assist them in setting in place the measures required to meet their international obligations.262 Despite this recognition of the need for technical support and/or funding for improving chemicals management, it is not easy to identify whom to ask for such types of assistance.

This chapter looks at some of the international and national organisations that have already provided technical assistance on chemicals management issues to developing country governments and other stakeholders, including NGOs. It gives initial contact information and, in a few instances, provides some hints about the type of assistance that could be obtained from a particular donor.

However, this information is not always available and moreover the priorities of donors change frequently.

Stakeholders looking for support will therefore need to supplement this information with their own knowledge about donors and their activities in the country. The place to start is the local office of the international organization.

6.1. INTERNATIONAL SOURCES 6.1.1. Global Environment Facility The Global Environment Facility (GEF)263 is an independent financial international organisation established in 1991 to provide financial and technical assistance to developing countries for projects and programs aimed at protection of the global environment.

GEF is funded by contributions from 32 donor countries. Since its establishment, it has provided $6.8 billion in grants and generated over $24 billion in cofinancing from other sources to support over 1,900 projects in more than 160 developing countries and countries with economies in transition.

GEF works through three “Implementing Agencies”: •

The United Nations Environment Programme

•

The United Nations Development Programme

•

The World Bank

The implementing agencies are assisted in the development of project proposals and in management and execution of the projects by the so called executing agencies There are seven such agencies: African Development Bank (AfDB), Asian Development Bank (ADB), European Bank for Reconstruction and Development (EBRD), United Nations Food and Agriculture Organisation (FAO), Inter-American Development Bank (IDB), International Fund for Agricultural Development (IFAD), and United Nations Industrial Development Organisation (UNIDO).

Countries are eligible to receive funds from GEF if they are a party to the appropriate treaty and are eligible to borrow from the World Bank or receive technical assistance grants from UNDP. GEF also provides assistance to civil society, through the Small Grants Programme (SGP).

262

e.g.,Arts 12 -14 of the Stockholm Convention and Art. 16 of the Rotterdam Convention.

263

http://www.gefweb.org/.

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In addition, any eligible individual or group may submit a project proposal to GEF through UNDP, UNEP, or the World Bank.264 These project ideas must be characterised by the aim to improve the global environment or to reduce risks to it. They must also reflect national or regional priorities and have the support of the country or countries involved.

The GEF has six focal areas: biodiversity, climate change, international waters, land degradation, the ozone layer and persistent organic pollutants (POPs). The POPs focal area is the most directly relevant for projects related to chemicals management, including pesticides. The ozone layer focal area is also relevant for chemicals that are ozone-depleting substances.

The GEF is in fact the interim financial mechanism for the Stockholm Convention. In May 2001, the same month that the Convention was adopted, the GEF Council adopted Guidelines for POPs-enabling activities.265 For example, the GEF has financed the development of National Implementation Plans (NIPs) for a number of developing countries party to the Stockholm Convention, and it is now intending to shift its focus to funding of measures to implement the NIPs. However, there are limitations on what the GEF can fund, since GEF funds can only cover agreed incremental costs for the global benefit of a project. In the context of the POPs focal area, for instance, GEF will be able to finance POPs reduction measures. Since such measures are supposed to address the different ways of releases of chemicals (pesticides, industrial chemicals and unintentionally produced by-products), countries could implement measures that would also improve their general capacity to achieve a sound chemicals management. But co-financing from other funding sources would probably be needed to cover any costs for activities not considered to have global benefit.

•

For practical information on how to determine whether a project is eligible for GEF, what type of funding type is most appropriate, procedures for proposing a project and on how to seek partnership opportunities and more: look at the “How do I” section on the GEF Website: http://www.gefweb.org/interior.aspx?id=96.

•

Also contact your national GEF Focal Point (which will have to endorse your project proposal): http://www.gefweb.org/interior.aspx?id=298.

6.1.2. SAICM Quick Start The Quick Start Program (QSP)266 of the Strategic Approach to International Chemicals Management (SAICM) was established in 2006 by the International Conference on Chemicals Management (ICCM). The program finances the implementation of SAICM’s objective to improve chemicals management in developing countries and in countries with economies in transition.

The SAICM QSP has three main priorities in the area of improving chemicals management: - Development or updating of national chemical profiles and the identification of capacity needs for sound chemicals management; - Development and strengthening of national chemicals management institutions, plans, programmes and activities to implement SAICM, building upon work conducted to implement international chemicals-related agreements and initiatives; - Undertaking analysis, interagency coordination, and public participation activities directed at enabling the implementation of SAICM by integrating sound management of chemicals in national strategies.

264

For more info on the GEF Small Grants Programme (SGP), visit: http://sgp.undp.org/.

265

GEF Council Initial Guidelines for Enabling Activities for the Stockholm Convention on Persistent Organic Pollutants (POPs), available at: http://www.gefweb.org/documents/C.17.4.pdf.

266

http://www.chem.unep.ch/saicm/qsptf.htm.

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The SAICM QSP includes a trust fund administrated by UNEP. It is a time-limited trust fund composed of voluntary contributions. The ICCM has requested governments, regional economic integration organisations, intergovernmental organisations and non-governmental organisations to make contributions to the trust fund until 30 November 2011.

Countries are eligible to receive money from the trust fund if they are developing countries or transition countries. A proposal for a project can be submitted by a government participating in SAICM that has, at least, established a SAICM national focal point for sound chemicals management. Exceptionally, civil society networks participating in SAICM can also present proposals.267 The application documents can be found on the SAICM website.

When deciding on a project proposal a number of criteria will be considered, such as its geographical situation, a sectoral balance and the urgent needs of least developed countries and small island developing countries. Funds will range between $50,000 and $250,000 per project proposal and will be distributed until 30 November 2013.

•

For practical information on how to determine whether a project is eligible for GEF, what type of funding type is most appropriate, procedures for proposing a project and on how to seek partnership opportunities and more: look at the “How do I” section on the GEF Website: http://www.gefweb.org/interior.aspx?id=96.

•

Also contact your national GEF Focal Point (which will have to endorse your project proposal): http://www.gefweb.org/interior.aspx?id=298.

The United Nations Institute for Training and Research (UNITAR) was established in 1965 as an independent body within the UN. It carries out research and training in a variety of fields, including in the field of chemicals and waste management.

UNITAR’s Chemical and Waste Management Programme268 provides institutional, technical and legal support to governments and stakeholders to develop sustainable capacity for managing dangerous chemicals and wastes. It contributes to the implementation of international chemicals management agreements, including the Stockholm Convention, the Rotterdam Convention, the GHS and SAICM. UNITAR is, for example, carrying out pilot projects in some countries developing an integrated national programme for sound chemical’s management. It also provides assistance to countries to meet the SAICM's 2020 goal of sound chemicals management.

Financial support is generated solely from the voluntary contributions of governments, agencies, foundations and individual donors and gathered in two funds: the General Fund and the Special Purpose Grant Fund. The General Fund covers the central direction and administration of UNITAR, as well as the training programmes for diplomats in Geneva, New York, Vienna and Nairobi. Most of UNITAR's programmes are funded through Special Purpose Grants mainly from bilateral donors and intergovernmental organisations.

Support can be requested by governments and civil society. Countries or entities interested to apply for UNITAR assistance for any of the ongoing programme areas are encouraged to submit a letter of interest to UNITAR. The letter should come from a lead agency responsible for chemicals management, and be supported by other Ministries and stakeholder groups. Based on the letter and supporting documentation, UNITAR will explore if resources are available to support the request.

267

SAICM Quick Start Program Trust Fund,“Funding Application Guidelines”, 14 September 2007, http://www.chem.unep.ch/saicm/qsp/application_materials/3rd%20round%20QSP%20Trust%20Fund%20applications%20guidelines%20June%2007.doc : Civil Society Networks wishing to submit a proposal will need to have designated a SAICM NGO focal point. Given the exceptional character of this type of funding, the project proposal will need to address a significant need, address a clearly identifiable gap and demonstrate the value of the project.

For more information, see the Guidelines.

268

http://www.unitar.org/cwm/.

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Where to get assistance for national effor ts

•

A letter of intent can be sent to: Manager, Chemicals and Waste Management Programme,

•

Countries and NGOs can also get assistance from UNITAR to develop proposals for the

UNITAR, Palais des Nations, CH-1211 Geneva 10, Switzerland.

SAICM Quick Start Programme Trust Fund.

•

For more information, please contact UNITAR at cwm@unitar.org.

6.1.4. FAO The Food and Agriculture Organisation269 is the UN body that focuses on achieving food security for all. This is done through four kinds of activities: providing information, sharing policy expertise, providing meetings among nations and implementing field projects.

The Plant Protection Service of FAO is designed to work together with member countries as a partner to implement a number of programmes on pesticide management that reduce health and environmental impacts of pesticides. The Service arranges, for instance, for national training on PIC or coordinates disposal operations.

The Africa Stockpiles Programme (ASP)270 is working to clean up obsolete pesticides, dispose of them safely and prevent more stocks from accumulating. A cleanup project starts with an inventory of stocks, stored in the Obsolete Pesticides Management System (OPMS). FAO, the pesticides industry and bilateral donor agencies provide technical support to countries where the cleanup activities are taking place. FAO liaises with donor countries and donor agencies, such as UNEP, as well as with industry to obtain the necessary funding for these activities.

•

Any government or organisation that wishes FAO support for upgrading capacity to manage pesticides should first contact the FAO representation in their country: http://www.fao.org/decentralizedoffices/physical_presence.asp?lng=en&jAction=d.

6.1.5. World Bank271 The International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA) are two main lending institutions of the World Bank. They both provide financial and technical assistance to middle-income countries (IBRD) and least developed countries (IDA).

The World Bank finances technical assistance projects throughout GEF or other grants,272 to governments. Secondly, the IBRD and IDA provide low-interest or interest-free loans and credits. These institutions obtain their funds from the financial markets and act as a borrower for developing countries.

The World Bank has more than 100 country offices globally which can be contacted for more information on funding and credit opportunities.

269

http://www.fao.org/.

270

http://www.africastockpiles.net/.

271

http://www.worldbank.org/.

272

For a full overview of all grants, visit: http://web.worldbank.org/WBSITE/EXTERNAL/OPPORTUNITIES/0,,contentMDK:20061756~menuPK:96315~pagePK:95645~piPK:95672~theSitePK: 95480,00.html.

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To find the World Bank Country office in your country, go to www.worldbank.org: on the homepage go to: Countries, then select your Region and then click on contact. Or use the following direct link: http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/AFRICAEXT/0,,contentMDK:2 0234094~menuPK:485641~pagePK:146736~piPK:226340~theSitePK:258644,00.html

6.1.6. European Union EuropeAid273 is the European Commission’s cooperation office managing external aid programmes and providing development assistance. It provides assistance to governments and to third parties.

EuropeAid’s programmes are financed through the European Union’s budget and the European Development Fund.

One of the six financial instruments used by EuropeAid, the Development Co-operation Instrument (DCI), runs five thematic programmes, including “Environment and sustainable management of natural resources, including energy”.

It dedicates resources to help developing countries and partner organisations address environmental and natural resource management issues and meet their obligations under multilateral environmental agreements.

Grants are direct financial contributions from the EU budget or from the European Development Fund (EDF). They are awarded as donations to third parties that are engaged in external aid activities. Grants as a general rule, require some co-financing by the grant beneficiary.

•

Grants are awarded through a competitive procedure. Calls for proposals are published on the EuropeAid website: http://ec.europa.eu/europeaid/cgi/frame12.pl. After examination and evaluation of the submitted proposals, the European Commission awards the grant to

•

It can be helpful to contact the EU delegation in your country for further information and to familiarize them with your technical assistance needs: http://ec.europa.eu/external_relations/delegations/intro/web.htm .

•

The European Commission has published a “Practical guide to contract procedures for EC external action” that explains in detail how to respond to a call for proposals for EuropeAid’s external aid programmes: http://ec.europa.eu/europeaid/work/procedures/implementation/common_documents/pra ctical_guide/new_prag_final_en.pdf#page=1

6.2. BILATERAL DONORS The list of bilateral donors below is not complete. Other countries including Switzerland and Italy, the hosting countries for the Rotterdam Convention Secretariat, and Canada have also indicated their willingness to support the governments of developing countries and other stakeholders to improve their chemicals management capacity. It is therefore recommended to begin by getting acquainted with the local representatives of bilateral donor governments, and to explore with each of them the possibilities of funding various capacity building projects in the area of chemicals management.

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http://ec.europa.eu/europeaid/.

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successful proposals.

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6.2.1. Sweden The Swedish International Development Cooperation Agency (SIDA)274 is a Swedish government agency under the Ministry of Foreign Affairs. SIDA is working with over 100 partner countries in Africa, Asia, Latin America, Eastern Europe and Central Asia and currently it has in-depth cooperation programs with 33 of these countries.275 Since 2005, SIDA has designated the Swedish Chemicals Agency (KemI)276 as its partner agency, in co-operation and development projects covering health and environmental aspects of industrial and consumer chemicals, as well as pesticides. In 2006 this partnership was made formal through the signing of a framework agreement between the two government agencies.

As KemI is a specialised agency, the aim of the framework is to deliver better support to partners in development cooperation in the field of chemicals. Under the current setup KemI acts as both executing and implementing agency.

Although the projects and programmes are closely connected to the work of SIDA, the international secretariat of KemI 277 has the responsibility for projects in this field.

KemI is engaged in the following programs: •

Facilitation of legal, technical and institutional infrastructures on sound management of chemicals in developing countries and countries with economies in transition;

•

Support to the gobal monitoring of POPs for the evaluation of the effectiveness of the Stockholm convention;

•

Mainstreaming sound management of chemicals into MDG-based national development plans;

•

Programme for strengthening the role of poisons centres in promoting chemical safety and supporting health sector needs for safe chemicals management;

•

Chemicals work and non-governmental organisations.

KemI is currently supporting regional projects in South-East Asia and sub-Saharan Africa as well as bilateral projects in Tanzania, China, Vietnam, Macedonia and Serbia. Additional bilateral negotiations are underway with Russia and the Ukraine.

•

KemI works primarily with governments and governmental agencies sometimes in partnership with other organisations especially FAO, IFCS, IMO, UNDP, UNECE, UNEP, WHO/IPCS and the OECD.

•

KemI also supports awareness raising and capacity building in civil society, through cooperation with NGOs.

•

Partner countries are generally those from the SIDA list, available at: http://www.sida.se/sida/jsp/sida.jsp?d=100&language=en_US.

•

Visit the KemI International Secretariat webpage: http://www.kemi.se/templates/Page____3140.aspx for more information on KemI and the possibility of working with KemI, and contact the SIDA representation in your country to find out more.

274

http://www.sida.se/sida/jsp/sida.jsp?d=121&language=en_US

275

http://www.sida.se/sida/jsp/sida.jsp?d=100&language=en_US

276

KemI is a supervisory authority under the Ministry of the Environment, for more information visit: http://www.kemi.se/default____550.aspx

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6.2.2. Denmark The Agency for Danish International Development Assistance (DANIDA) focuses on bilateral environmental assistance to countries in Southern Africa and Southeast Asia. The objective is to co-operate bilaterally with countries in order to further sustainable development and to support efforts to mitigate the effects of environmental pollution and the pressure on natural resources.

Programmes focus on capacity building of authorities, civil society and NGOs and on the practical demonstration of methods for preventing and controlling pollution. Danish NGOs can obtain funding for a framework contract, a mini-programme or for a single project. National authorities can enter into bilateral environmental agreements providing for resources.

•

For more information go to: http://www.um.dk/en/menu/DevelopmentPolicy/ and contact the DANIDA representative in your country.

6.2.3. USA The US Agency for International Development (USAID)278 is the US independent federal government agency providing assistance in 4 regions of the world: Sub-Saharan Africa, Asia and the Near East, Latin America and the Caribbean, and Europe and Eurasia. It uses two types of financial instruments: grants and cooperative agreements.

Most grants and cooperative agreements are awarded following a call for proposals,279 which aim at achieving the objectives in a program. Highly exceptionally, funding can be received for unsolicited applications.

6.2.4. Japan The various components of Japan's Official Development Assistance such as grant aid, yen loans, and technical cooperation are administered by different implementing bodies including the Japan International Cooperation Agency (JICA).280 JICA is an implementation agency for technical assistance, focusing on institution building, organisational strengthening, and human resources development After receiving a request from a developing country, JICA adopts various cooperation approaches (cooperation tools). In order to achieve the objective of promoting development, JICA determines how to combine these cooperation tools, how long they will be implemented, and how to time them for the most effective and efficient results. The cooperation tools are, for instance, grants and technical cooperation projects.

In 2005 Japan pledged to increase its overall ODA by the equivalent of $10 billion within five years, and double its assistance to Africa within three years.

278

http://www.usaid.gov/.

279

The website publishing the calls for tenderers is www.grants.gov.

280

http://www.jica.go.jp/english/.

06

One of USAID’s priorities concerns protection of the environment, and more specifically, pollution prevention, climate change, water, forestry, biodiversity and land management, with a general focus on policy development.

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Where to get assistance for national effor ts

6.3. OTHER 6.3.1. PAN International281 Pesticide Action Network (PAN) is a network of over 600 participating nongovernmental organisations, institutions and individuals in over 90 countries working to replace the use of hazardous pesticides with ecologically sound and socially just alternatives. PAN was founded in 1982 and has five independent, collaborating Regional Centres that implement its projects and campaigns. While PAN is not a source of funding per se, it is a very useful source of pesticide-related information and as such an important support for government officials and citizens working to address local and national pesticide problems.

6.3.2. Private foundations Funding can also be obtained from private foundations that make funds available for the promotion of environmental protection and, particularly, for chemicals management. The most extensive database of private foundations is the “Foundation Center” which can be consulted on http://foundationcenter.org/282 or the “European Foundation Center” (EFC) on www.efc.be. The database of the EFC does not group foundations focusing on environmental protection. However, the search function on the webpage can help provide a list of corresponding foundations.283 For example, the Charles Stewart Mott Foundation has a specific environmental programme focusing on the prevention of toxic pollution programme that seeks to reduce and, where possible, eliminate the use of toxic substances and their release into the environment. It supports such initiatives in Latin America, particularly on the US/Mexico border, and Mexico.284

6.3.3. International charities International charities active in developing countries, such as Oxfam International,285 may also be able to provide technical assistance or other support to projects relating to sound chemicals management.

281

http://www.pan-international.org/.

282

Note that www.foundationcenter.org is not free of charge whereas www.efc.be can be consulted for free.

283

Search term:“environment”.

284

http://www.efc.be/webready/mott001env.html.

285

http://www.oxfam.org/en/.

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ANNEX I: CHECKLISTS FOR IMPLEMENTATION The elements of basic chemicals management, including pesticide safety, discussed in Section 4 can seem overwhelming for someone approaching these issues for the first time. It is important to realize that not everything can be done at once and that all journeys must begin with small steps.

It can be useful to start by getting an idea of what is already in place in your country. The checklists in this section are intended to guide you in making an overall assessment in a systematic way. It will help you to identify gaps in the regulatory and administrative structures of your country, as well as technical capacity needs. The checklists are intended to be used with reference to the subsections in Section 4 where elements of chemicals and pesticides management have been described. It is important to keep in mind that no single country in the world has all of these elements in place. The elements listed below are rather a compilation of best regulatory and administrative practices.

1. Status of the main chemicals conventions & other relevant instruments This checklist is to enable you to track and assess the status of the main chemicals conventions in your country.

Stockholm Convention (POPs) Rotterdam Convention (PIC) Basel Convention (waste shipment) Regional waste shipment Convention (please name _______ ) Vienna Convention (Ozone Layer) Montreal Protocol (ODS) ILO Convention on Chemicals at Work (C-170) ILO Convention on Health & Safety in Agriculture (C-184) Ramsar Convention on Wetlands of International Importance Convention on Biological Diversity Other instruments Code of Conduct SAICM Codex Alimentarius UN Recommendations on Transport of Dangerous Goods

Signed

Ratified

K

K

K K K K K K K K K

K K K K K K K K K

Year

Implement’n Plan

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K K K K

Implement’n Plan

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Annex 1: Checklists for implementation

2. Legislation to implement the chemicals conventions & codes This section is for evaluating the adequacy and completeness of the legislation in place in your country for implementing the codes and conventions. The checklists ask whether the specific requirements have been adequately established in the national legal order. For example, a legislative requirement that a chemical product should be adequately labelled without details concerning what should be on the label would be considered “poor”.

Requirements limited to basic information and language would be considered “adequate”. Detailed requirements specifying the content of the label, including symbols, risk and safety advice, format, etc. would be considered “excellent”. This will require some idea of what should ideally be in place. We have therefore included references to the subsections in Section 4 where these are described.

A. Basic chemicals management (§ 4.2.1) Nothing in place

Competent authority & its duties & responsibilities clearly set forth Clear allocation of duties & responsibilities of the other actors involved in chemicals management Basel Convention (waste shipment) Classification system based on intrinsic hazards (e.g., WHO/GHS) Powers to restrict & ban Obligation to register if placed on market Labelling requirements Safety data sheet requirements Minimum packaging requirements Requirements for safe transport (§ 4.3.4) Environmental quality standards Sanctions for violations of basic requirements

Poor (framework only)

Adequate (basic regulations)

Excellent (detailed regulations)

K

K

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K K K K K K K K

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B. Safe management of pesticides (ยง 4.3.1)

Competent authority & its duties & responsibilities clearly set forth Clear allocation of duties & responsibilities of the other actors involved in pesticide management Classification system based on intrinsic hazards (WHO) Registration & authorisation system based on risk assessment Powers to restrict & ban Substitution requirements Use reduction commitment IPM & Good Agricultural Practice requirements Safe storage requirements Point of sale requirements, e.g. certification of retailers Bans on misleading advertising Prohibition against repackaging Standards for safe reentry of fields & other treated areas Sanctions for violations

Poor (framework only)

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Excellent (detailed regulations)

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Annex 1: Checklists for implementation

C. Prevention of unwanted trade (ยง 4.3.3) Nothing in place

Producer & importer responsibility for illegal & obsolete chemicals Documentation requirements for all imports of chemicals incl. pesticides Licensing or other system to track imports of pesticides Documentation requirements for all imports of chemicals incl. pesticides Restrictions to prevent import of pesticides close to expiry date Powers to stop entry of unwanted chemicals Updated customs codes with PIC / POPs / ODS nomenclature Requirements for customs to report to competent authority regularly Obligation to notify Rotterdam Convention Secretariat of national decisions concerning wanted/unwanted chemicals

Poor (framework only)

Adequate (basic regulations)

Excellent (detailed regulations)

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D. Controls over manufacturing & formulation (ยง 4.3.2)286

Competent authority & its duties & responsibilities clearly set forth Clear allocation of duties & responsibilities of the other actors involved in pesticide management Permitting system for facilities handling dangerous substances (DS) Emission standards for releases to the environment (waters, air, soil) Requirement of BAT for manufacturing processes Requirement to substitute less dangerous chemicals &/or processes Requirements to site facilities handling large quantities of DS so as to protect bystanders & the environment Accident prevention plan requirements

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Poor (framework only)

Adequate (basic regulations)

Excellent (detailed regulations)

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The legislative elements described above focus on the controls over the manufacturing and formulation processes needed to protect the environment and human health in general. More specific requirements aimed at protection of workers handling chemicals are listed in subsection F on health, safety and consumer protection.

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Nothing in place

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E. Waste management Nothing in place

Basic waste management framework legislation Specific legislation on hazardous waste management/disposal Prohibition against abandonment, dumping & unsafe disposal of waste Cradle-to-grave tracking system for hazardous waste within national borders Cradle-to-grave tracking system for transboundary hazardous waste shipments (Basel Convention procedures) Obligation to dispose of waste through an authorized handler/disposer Permitting requirements for all waste management operators Obligation to dispose of empty containers & unused (obsolete) chemicals safely Bans on reuse of empty containers Producer & importer responsibility for obsolete chemicals & used packaging (incl. clean-up of sites contaminated by OPs)

K K K

Poor (framework only)

Adequate (basic regulations)

Excellent (detailed regulations)

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F. Health, safety & consumer protection

Requirements for informing workers about hazards associated with exposure to chemicals at workplace (e.g. safety data sheets, training) Requirements for employers to provide personal protective equipment Requirements for first aid provisions to workers Right of workers to refuse to carry out unsafe practices In the marketplace Labelling in local languages Liability for defective products Obligation for sales staff to inform consumers of hazards & safety measures Bans against misleading advertising Pesticide residue standards for foods on the market place Standards for application equipment, personal protection equipment etc.

Nothing in place

Poor (framework only)

Adequate (basic regulations)

Excellent (detailed regulations)

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At the workplace

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G. Information disclosure (right to know) & public participation Nothing in place

Access to information held by authorities on hazards posed by specific chemicals Access to information submitted to authorities in the process of requesting authorisation Protection of commercial information with clear provisions for what information cannot be held confidential (e.g., health & safety information) Obligation of authorities to disseminate information to the public on chemicals & their hazards Opportunities for the public to participate in decisionmaking (e.g. in permitting of installations, authorisation or registration of specific chemicals) Legal remedies when access to information etc. is denied

Poor (framework only)

Adequate (basic regulations)

Excellent (detailed regulations)

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3. Administrative structures For legislation to be effective, adequate administrative structures and systems need to be in place to ensure that legal requirements are implemented and enforced. Evaluation of the adequacy of administrative structures needs a different approach towards the elements involved. A coordination structure that consists only of information exchange or that has been named on paper but never meets in fact would be scored as “poor”. A coordination structure that meets on an ad hoc basis would be considered “adequate”. A coordination structure that has the form of a committee or working group, has specific competences set forth in a regulation or memorandum of understanding and is fully operative (e.g. meets regularly) would be scored as “excellent”.

A. Basic chemicals management

Structures for coordination among relevant government bodies Staff in the relevant ministries assigned responsibility for chemicals issues Chemicals register in place & maintained Monitoring systems in place to spot impacts from chemicals Inspectorates or other structures for enforcement of basic requirements Systems for regular reporting to Convention secretariats

K

Poor

K

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Adequate

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Decision making body for taking basic regulatory actions

Nothing in place

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B. Safer management of pesticides

Decision making body for taking basic regulatory actions, e.g. authorisation of pesticides Staff assigned clear responsibilities for pesticide regulation Register of authorized / unauthorized pesticides accessible by public Reporting & record keeping of pesticide-related problems to inform decision makers Extension services to support farmers in making safer pest control decisions Guidelines on pesticide management available for users (e.g. safe storage, application systems) Pesticide use reporting system in place Control systems for marketing of pesticides & for inspecting farms & other industrial users

Nothing in place

Poor

Adequate

Excellent

K

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C. Prevention of unwanted trade

Coordination between chemicals regulatory authorities & customs/border guards Risk assessment procedures for spotting high-risk shipments Safe storage facilities at borders for seizure of unwanted chemicals Competent staff in place for carrying out licensing and/or PIC notification procedures Controls to ensure reliability of documentation for chemicals shipments Reporting, monitoring & recordkeeping to spot problem chemicals including severely hazardous pesticide formulations

Nothing in place

Poor

Adequate

Excellent

K

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Nothing in place

Poor

Adequate

Excellent

K

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K

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Operative permitting system for facilities manufacturing and/or formulating chemicals including pesticides Coordination among relevant authorities for permit conditions Information on BAT tailored for local circumstances readily available to industry Systematic inspection (both planned & on-spot) of facilities carrying out manufacturing & formulation System to ensure follow-up enforcement actions where infringements spotted Recordkeeping of violations to enable spotting & penalising of repeat offenders

K

K

K

K

06

D. Controls over manufacturing & formulation

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E. Waste management

Administrative systems in place for permitting of waste management /disposal operations Administrative systems in place for registering / licensing waste handlers (e.g., transporters) Administrative systems & procedures for tracking of crossborder (Basel Convention) shipments Inspection systems for monitoring compliance of waste management operations with standards Special collection systems for chemical-related wastes, e.g. a return system for empty containers Inventories of OP stocks & contaminated sites

Nothing in place

Poor

Adequate

Excellent

K

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K

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K

K

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K

F. Health, safety & consumer protection

Poison information centres Inspection systems to ensure health & safety in the workplace Monitoring & inspection of chemical products on the market to ensure proper labelling, etc.

Systematic testing to control chemical residues on foods in the marketplace System to spot & recall defective & illegal products on the market

Nothing in place

K K

Poor

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Excellent

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Adequate

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Administrative systems for prompt responses to requests for information from the general public Guidelines on information held by authorities & how to request access to that information Secure data management systems to handle commercially sensitive information & personal data Guidelines for authorities on how to apply commercial confidentiality requirements, including when to disclose because of public interest Procedures for enabling public participation in decision making Pollutant release & transfer register (PRTR) in place covering both intentional, unintentional & diffuse releases/transfers Systematic diffusion of information on chemicals & their hazards to all stakeholders

Nothing in place

Poor

Adequate

Excellent

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

06

G. Information disclosure (right to know) & public participation

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4. Technical capacity of key stakeholders This section is to be used for assessing the technical capacity of various stakeholders to implement basic chemicals and pesticides management measures. It is intended to be a first step towards identifying needs for technical assistance, including training and investment in equipment and infrastructure.

A. Government officials at central level

Central laboratory for testing of chemicals & pesticides Computers & internet access for all officials responsible for chemicals management Databases of information on chemical hazards, etc.

Officials trained in chemicals risk assessment for taking regulatory decisions Trained inspectorates & enforcement authorities Inspectorates or other structures for enforcement of basic requirements Systems for regular reporting to Convention secretariats

Nothing in place

K

Poor

K

K

K

Excellent

K

K

Adequate

K

K K

K K

K K K K

K K K K

K K K K

K

K K K K

B. Government officials at regional & local levels

Officials within agricultural extension centres trained to provide information on technical issues, including chemical hazards Computers & internet access for local officials responsible for chemicals management Databases on safe pest control, including GAP, IPM & nonchemical alternatives Local laboratories for testing food on the markets / drinking water Transportation & communication equipment to enable monitoring/ inspection/enforcement

Nothing in place

Poor

Adequate

Excellent

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

I n t e r n a t i o n a l To o l s f o r P r e v e n t i n g L o c a l P e s t i c i d e P r o b l e m s : A Consolidated Guide to the Chemical Codes & Conventions

113

C. Farmers & agricultural workers

Training on safer pesticide management, including waste management Access to information on alternative pest control methods Affordable personal protective equipment widely available Affordable & high-quality application equipment available Secured storage facilities for chemicals Trained specialist at all industrial farms charged with ensuring safer pest control practices

Nothing in place

Poor

Adequate

Excellent

K

K

K

K

K

K

K

K

K K K K

K K K K

K K K K

K K K K

D. Industry (including industry workers)

Capacity (equipment, skills) to self-monitor releases of chemicals Trained specialist at all facilities manufacturing, formulating or repackaging chemicals including pesticides with ensuring safer chemical management practices Comfortable personal protective equipment available for all workers exposed to chemicals Emergency response equipment available on site

Poor

Adequate

Excellent

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

K

06

Training on chemicals hazards, safety measures, accident prevention,

Nothing in place

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Annex 1: Checklists for implementation

E. Health practitioners Nothing in place

Poor

Adequate

Excellent

K

K

K

K

Nothing in place

K

Poor

K

Adequate

K

Excellent

Nothing in place

Poor

Adequate

Excellent

K

Doctors & other health workers trained to identify cases of chemical poisoning Computers with internet access to poison & other chemical databases, etc.

K

Poison antidotes widely available

K K

K K

K K

F. Civil society, including NGOs

Computers with internet access to chemical databases, etc.

K

G. Other physical infrastructure

Storage/disposal facilities for hazardous waste

K

K

K

K

I n t e r n a t i o n a l To o l s f o r P r e v e n t i n g L o c a l P e s t i c i d e P r o b l e m s : A Consolidated Guide to the Chemical Codes & Conventions

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ANNEX II: SOURCE GUIDE Chemicals Conventions & Codes International Code of Conduct on the Distribution and Use of Pesticides. FAO, 2003.

Text at: http://www.fao.org/DOCREP/005/Y4544E/Y4544E00.HTM. Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. Adopted in 1998; entered into force in 2004.

Text at http://www.pic.int/home.php?type=t&id=49&sid=16.

Stockholm Convention on Persistent Organic Pollutants. Adopted in 2001; entered into force in 2004.

Text at: http://www.pops.int/documents/convtext/convtext_en.pdf.

•

Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes. Adopted in 1991 entered into force in 1998.

Text at: http://www.ban.org/Library/bamako_treaty.html.

•

Regional Agreement on the Transboundary Movement of Hazardous Wastes. Adopted in 1992.

Text at: http://www.ban.org/Library/centroamerica.html.

•

Waigani Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes Within the South Pacific Region. Adopted in 1995; entered into force in 2001. Text at: http://www.ban.org/Library/waigani_treaty.html.

Vienna Convention on the Protection of the Ozone Layer. Adopted in 1985; entered into force in 1988.

Text at: http://www.unep.ch/ozone/vc-text.shtml.

•

Montreal Protocol on Substances that Deplete the Ozone Layer. Adopted in 1987; entered into force in 1989. Text at: http://ozone.unep.org/pdfs/Montreal-Protocol2000.pdf.

Other international instruments related to chemicals management ILO Convention on Safety in the Use of Chemicals at Work (C170). Adopted in 1990; entered into force in 1993. Text at: http://www.ilo.org/public/english/protection/safework/cis/products/safetytm/c170.htm.

•

ILO Chemicals Recommendation (R177), 1990. Text at: http://www.ilo.org/public/english/protection/safework/cis/products/safetytm/r177.htm.

•

ILO Code of Practice on Safety in the Use of Chemicals at Work, 1993. Text at: http://www.ilo.org/public/english/protection/safework/cops/english/download/e931998.pdf.

ILO Convention on Safety and Health in Agriculture (C184). Adopted in 2001; entered into force in 2003.

Text at: http://www.ilo.org/ilolex/cgi-lex/convde.pl?C184.

•

ILO Safety and Health in Agriculture Recommendation (R192), 2001.

Text at: http://www.ilo.org/ilolex/cgi-lex/convde.pl?R192.

ILO Labour Inspection (Agriculture) Convention (C129) and Recommendation (R133), 1969.

Text at: http://www.ilo.org/ilolex/english/subjlst.htm.

06

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.

Adopted in 1989; entered into force in 1992.

Text at: http://www.basel.int/text/con-e-rev.pdf.

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Strategic Approach to International Chemicals Management (SAICM). Further information on SAICM and its three main instruments (The Dubai Declaration, The Overarching Policy Strategy and A Global Plan of Action).

Available at: http://www.chem.unep.ch/saicm/.

UN Recommendations on the Transport of Dangerous Goods - Model Regulations. Thirteenth revised edition.

2003. Further information at: http://www.unece.org/trans/danger/danger.htm & text http://www.unece.org/trans/danger/publi/unrec/rev13/13files_e.html.

Codex Alimentarius. Codex Committee on Pesticide Residues, operational since 1966. Joint FAO/WHO Secretariat. Further information at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Agenda 21 - Global Programme of Action on Sustainable Development. Adopted in 1992.

Text at http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21toc.htm.

•

Chapters 14 - Promoting Sustainable Agriculture and Rural Development.

•

Chapter 19 - Environmentally Sound Management of Toxic Chemicals, Including Prevention of Illegal International Traffic in Toxic and Dangerous Products.

International Plant Protection Convention. Adopted in 1952; revised in 1979 and 1997; entered into force in 1997. New revised text at: https://www.ippc.int/servlet/BinaryDownloaderServlet/13742_1997_English.pdf?filename=/publications/1374 2.New_Revised_Text_of_the_International_Plant_Protectio.pdf&refID=13742.

UNECE Convention on Long-range Transboundary Air Pollution. Adopted in 1979; entered into force in 1983.

Text at: http://www.unece.org/env/lrtap/welcome.html.

Protocol (to the UNECE Convention on Long-range Transboundary Air Pollution) on Persistent Organic Pollutants (POPs). Adopted in 1998; entered into force in 2003.

Text at: http://www.unece.org/env/lrtap/full%20text/1998.POPs.e.pdf.

UNECE Convention on the Transboundary Effects of Industrial Accidents. Adopted in 1992; entered into force in 2000. Text at: http://www.unece.org/env/documents/2006/teia/Convention%20E.pdf.

UNECE Aarhus Convention on access to information, public participation and access to justice in environmental matters. Adopted in 1998; entered into force in 2001. Text at: http://www.unece.org/env/pp/.

Protocol (to the Aarhus Convention) on Pollutant Release and Transfer Registers. Adopted in 2003; not yet into force. Text at: http://www.unece.org/env/pp/prtr.htm.

Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat. Adopted in 1971; entered into force in 1975. Text at: www.ramsar.org/.

•

Recommendation 6.14 on toxic chemicals (1996).

Text at: http://www.ramsar.org/rec/key_rec_6.14.htm.

•

Strategic Plan 1997-2002. Text at: http://www.ramsar.org/key_strat_plan_e.htm.

Convention on Biological Diversity. Adopted in 1992; entered into force in 1993.

Text at: http://www.biodiv.org/doc/legal/cbd-un-en.pdf.

I n t e r n a t i o n a l To o l s f o r P r e v e n t i n g L o c a l P e s t i c i d e P r o b l e m s : A Consolidated Guide to the Chemical Codes & Conventions

•

Cartagena Protocol on Biosafety. Adopted in 2000; entered into force in 2003.

Text at: http://www.biodiv.org/doc/legal/cartagena-protocol-en.pdf.

•

Decision VI/5 - Agricultural biological diversity.

Text at: http://www.biodiv.org/decisions/default.asp?lg=0&dec=VI/5.

117

UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes. Adopted in 1992; entered into force in 1996. Further information and text at: http://www.unece.org/env/water/].

Convention for the Protection of the Marine Environment of the North-East Atlantic (the “OSPAR Convention”).

Adopted in 1992; entered into force in 1998. Further information and text at: http://www.ospar.org/eng/html/welcome.html.

Guidance on Implementation of the Codes & Conventions Code of Conduct Strategic Programme 2006 -2011 for the implementation by FAO of the revised version of the International Code of Conduct on the Distribution and Use of Pesticide. FAO, 2006.

Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

PAN Germany. On-line action guide to the Code of Conduct. Available at: http://fao-code-action.info/

Rotterdam Convention Guidance for Designated National Authorities on the Operation of the Rotterdam Convention (revised in 2006).

Text at: http://www.pic.int/ResourceKit/B_Guidance%20information/a.Guidance%20to%20DNAs/E_DNA%20 Guidance_040906.pdf.

Guide on the Development of National Laws to Implement the Rotterdam Convention. Text at: http://www.pic.int/ResourceKit/C_Implementation%20document/PIC%20Circular%20Guide/Circular_guide_ English.pdf.

Protecting human health and the environment: a guide to the Rotterdam Convention on hazardous chemicals and pesticides. UNEP, 2004. Text at: http://portalserver.unepchemicals.ch/Publications/RotterdamConv_book.pdf.

The PIC Circular: A Users' Guide. Text at: http://www.pic.int/ResourceKit/C_Implementation%20document/PIC%20Circular%20Guide/Circular_guide_ English.pdf.

Decision Guidance Documents (DGDs). A DGD has been prepared for each of the chemicals listed in Annex III and subject to the PIC procedure. The DGDs can be found at: http://www.pic.int/en/Table7.htm.

Stockholm Convention GEF Initial Guidelines for Enabling Activities for the Stockholm Convention on Persistent Organic Pollutants.

2001. Text at: http://www.pops.int/documents/implementation/nips/initialguidelines/default.htm.

Interim guidance for developing a national implementation plan for the Stockholm Convention. December 2004 (revised). Text at: http://www.pops.int/documents/implementation/nips/guidance/guidances/docdirec_en.pdf.

06

Guide for Industry on the Implementation of the FAO Code of Conduct on the Distribution and Use of Pesticides.

CropLife, 2004. Text at: http://www.croplife.org/library/attachments/efc4ae38-0cef-41e2-997aa905c80189c7/9/Implementing_the_FAO_Code_of_Conduct%20(Feb-2008).pdf.

118

Annex II: Source guide

Global report on lessons learned and good practices in the development of National Implementation Plans for the Stockholm Convention. UNEP, 2006. Text at: http://www.pops.int/documents/implementation/nips/lessons_learned/GLOBAL%20REPORT%20V1%20rev2.pdf.

Ridding the world of POPs: A guide to the Stockholm Convention on Persistent Organic Pollutants.

Text at: http://www.pops.int/documents/guidance/beg_guide.pdf.

Guidance for a Global Monitoring Programme for Persistent Organic Pollutants. UNEP, 2004.

Text at: http://portalserver.unepchemicals.ch/Publications/Guidance%20for%20Global%20POPs%20MonitoringJune04.pdf.

F.B. Gonzalez. Citizens’ Guide to the Implementation of the Stockholm Convention. Spanish edition, 2004, English edition, 2005. Text at: http://www.ipen.org/ipepweb1/library/citizensguideenglish.pdf.

Persistent Organic Pollutants (POPs) Resource Kit. UNDP/GEF. Available at: http://www.ipen.org/ipepweb1/library/UNDP-GEF%20POPs%20Kit.pdf Persistent Organic Pollutants (POPs): An Awareness Module For National Coordinators And Steering Committees.

IPEN, 2007. Text at: http://www.ipen.org/ipenweb/library/ipendocuments/popstrainingmodule.pdf.

Basel Convention General technical guidelines for the environmentally sound management of wastes consisting of, containing or contaminated with persistent organic pollutants (POPs). Basel Secretariat, 2007.

Text at: http://www.basel.int/pub/techguid/tg-POPs.pdf.

Manual for the Implementation of the Basel Convention. Basel Secretariat.

Text at: http://www.basel.int/meetings/sbc/workdoc/manual.doc.

Legislation on pesticides management J. Vapnek, I. Pagotto, & M. Kwoka. Designing national pesticide legislation. FAO Legislative Study 97, 2007.

Order online at: http://www.fao.org/icatalog/search/dett.asp?aries_id=109041&ch_lang=en.

Guide on the Development of National Laws to Implement the Rotterdam Convention. UNEP/FAO. Available at: http://www.pic.int/Guidance/Guide-National%20Laws.pdf.

Guidelines for legislation on the control of pesticides. FAO, 1989.

Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Model Legislation Implementing the Basel Convention, Prohibiting the Import and Transit of Hazardous Wastes, and Controlling Their Export. Basel Action Network. Text at: http://www.ban.org/Library/modeleg.html.

Chemicals management in general Globally Harmonized System of Classification and Labelling of Chemicals (GHS), UNECE, second revised edition, 2007. Text at: http://www.unece.org/trans/danger/publi/ghs/ghs_rev02/02files_e.html.

European Community’s REACH Regulation (Registration, Evaluation and Authorisation of Chemicals).

Text at: http://ec.europa.eu/environment/chemicals/reach/reach_intro.htm.

Principles on good laboratory practice (as revised in 1997). OECD, 1998.

Text at: http://www.olis.oecd.org/olis/1998doc.nsf/LinkTo/NT00000C5A/$FILE/01E88455.PDF.

I n t e r n a t i o n a l To o l s f o r P r e v e n t i n g L o c a l P e s t i c i d e P r o b l e m s : A Consolidated Guide to the Chemical Codes & Conventions

119

Guidance Document on Risk Communication for Chemical Risk Management. OECD, 2002.

Text at http://www.olis.oecd.org/olis/2002doc.nsf/LinkTo/env-jm-mono(2002)18.

Guidelines for the Testing of Chemicals. OECD, 2006.

Text at: http://www.oecd.org/document/22/0,2340,en_2649_34377_1916054_1_1_1_1,00.html.

Users' Manual for the IPCS Health and Safety Guides. IPCS, 1996.

Text at: http://www.inchem.org/documents/hsg/hsg/hsgguide.htm.

Information Exchange Network on Capacity Building for the Sound Management of Chemicals (INFOCAP).

Operated by the SAICM Secretariat. Available at: http://www.who.int/ifcs/infocap/.

Technical Guidance Document on the Use of Socio-Economic Analysis in Chemical Risk Management Decision Making. OECD, 2002. Text at: http://www.olis.oecd.org/olis/2002doc.nsf/LinkTo/env-jm-mono(2002)10.

Chemicals Databases PAN Pesticide Database. Available at: www.pesticideinfo.org.

Swedish Chemicals Agency (KEMI). Databases available at: http://www.kemi.se/templates/Page____2859.aspx.

Danish National Working Environment Authority. Product Register Database. Available at: http://www.at.dk/sw12538.asp.

IPCS Pesticide Safety Datasheets. Available at: http://www.inchem.org/pages/pds.html.

Instituto Sindical de Trabajo, Ambiente y Salud. Available in Spanish at: http://www.istas.net/ecoinformas/web/.

University of Akron, Hazardous Chemical Database. Available at: http://ull.chemistry.uakron.edu/erd/.

UNEP. Inventory of Information Sources on Chemicals. Available at: http://www.chem.unep.ch/irptc/invent/igo.html.

UNEP International Register of Potentially Toxic Chemicals. Available at: http://www.chem.unep.ch/irptc/irptc/moreirpt.html.

OSPAR documents on hazardous substances. Available at: http://www.ospar.org/eng/html/welcome.html.

Protection of human health Guidelines for the purchase of public health pesticides. WHO, 2002.

Text at: http://portalserver.unepchemicals.ch/Publications/WHO_CDS_WHOPES_2000.1.pdf.

Pesticides and their application for the control of vectors and pests of public health importance. Sixth edition.

WHO, 2006. Text at: http://portalserver.unepchemicals.ch/Publications/WHO_CDS_NTD_WHOPES_GCDPP_2006.1_eng.pdf.

Guidelines on monitoring of incidents, health and environmental conditions. FAO, 1988 (under revision).

Text at: http://www.fao.org/DOCREP/005/Y4544E/Y4544E00.HTM.

06

European Chemical Substances Information System (ESIS). Available at: http://ecb.jrc.it/esis/index.php?PGM=pbt.

120

Annex II: Source guide

Guidance Concerning Health Aspects of Chemical Accidents. OECD, 1997.

Text at: http://www.olis.oecd.org/olis/1996doc.nsf/LinkTo/ocde-gd(96)10.

Health Aspects of Chemical Accidents. Guidance on Chemical Accident Awareness, Preparedness and Response For Health Professionals and Emergency Respondents. OECD, 1994.

Text at: http://www.olis.oecd.org/olis/1994doc.nsf/LinkTo/ocde-gd(94)1.

Guidance Notes for Analysis and Evaluation of Chronic Toxicity and Carcinogenicity Studies. OECD, 2002.

Text at: http://www.olis.oecd.org/olis/2002doc.nsf/LinkTo/env-jm-mono(2002)19.

Guidance Notes for Analysis and Evaluation of Repeat-Dose Toxicity Studies. OECD, 2000.

Text at: http://www.olis.oecd.org/olis/2000doc.nsf/LinkTo/env-jm-mono(2000)18.

IPCS Guidelines on the prevention of toxic exposures - Education and public awareness activities. ILO, UNDP, WHO, 2004. Text at http://www.who.int/ipcs/features/prevention_guidelines.pdf .

Pesticides registration and management WHO Recommended Classification of Pesticides by Hazard and Guidelines to Classification. WHO, 2004.

Text at: http://www.inchem.org/documents/pds/pdsother/class.pdf.

WHO Pesticide Evaluation Scheme (WHOPES). Available at: http://www.who.int/ctd/whopes/index.html.

Survey of Best Practices in the Regulation of Pesticides in Twelve OECD Countries. OECD, 2001. Text at: http://www.olis.oecd.org/olis/2001doc.nsf/LinkTo/env-jm-mono(2001)3.

Guidelines on the initial introduction and subsequent development of a simple national pesticide registration and control scheme. FAO, 1991. Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Guidelines on data requirements and test guidelines for chemical pesticide registration. FAO, 1985 & Addendum. FAO, 1988. (Currently under revision).

Text at: http://www.fao.org/WAICENT/FAOINFO/AGRICULT/AGP/AGPP/Pesticid/.

Guidelines for the registration and control of pesticides. FAO, 1985; Addendum, 1988 (currently under revision) Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Guidelines on efficacy data for the registration of pesticides for plant protection. FAO, 1985.

Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Revised guidelines on environmental criteria for the registration of pesticides. FAO, 1989.

Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

OECD Governments' Approaches to the Protection of Proprietary Rights and Confidential Business Information in Pesticide Registration. OECD, 1998.

Text at: http://www.olis.oecd.org/olis/1998doc.nsf/LinkTo/env-mc-chem(98)20.

Manufacturing/formulation Manual on the development and use of FAO and WHO specifications for pesticides. FAO, Rome 2006.

Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

European Integrated Pollution Prevention and Control Bureau. BAT Reference Documents. Available for download at: http://eippcb.jrc.es/pages/FActivities.htm.

I n t e r n a t i o n a l To o l s f o r P r e v e n t i n g L o c a l P e s t i c i d e P r o b l e m s : A Consolidated Guide to the Chemical Codes & Conventions

121

Environmental Health and Safety Guidelines. World Bank. 2007 (revised).

Available at: http://www.ifc.org/ifcext/enviro.nsf/Content/EnvironmentalGuidelines.

OECD/IOMC Guidance on Safety Performance Indicators. Guidance for Industry, Public Authorities and Communities for developing SPI Programmes related to Chemical Accident Prevention, Preparedness and Response. Interim publication scheduled to be tested in 2003 and 2004 and revised in 2005.

Text at: http://www.oecd.org/dataoecd/60/39/21568440.pdf.

OECD/IOMC Guiding Principles for Chemical Accident Prevention, Preparedness and Response (2003).

Text at: http://www.oecd.org/dataoecd/10/37/2789820.pdf .

ISO14000 Series Environmental Management Systems.

Further information at: http://www.iso.org/iso/en/iso9000-14000/index.html.

Distribution & sales within the territory Guidelines on Good Labelling Practice for Pesticides. FAO, 1995.

Text at: http://www.fao.org/WAICENT/FAOINFO/AGRICULT/AGP/AGPP/Pesticid/Code/Download/label.doc.

Provisional guidelines on tender procedures for the procurement of pesticides. FAO, 1994.

Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Pesticide storage and stock control manual. FAO Pesticide Disposal Series N°3. FAO, 1996.

Text at: http://www.fao.org/docrep/V8966E/V8966E00.htm.

Controls against improper use Draft Guidelines on Best Available Techniques and Guidance on Best Environmental Practices. UNEP, Stockholm Secretariat. Text at: http://www.pops.int/documents/meetings/bat_bep/3rd_session/Default.htm.

Manual for Instructors to Train Farmers’ Housewives on the Safe and Correct Use of Plant Protection Products and Integrated Pest Management (IPM). CropLife.

Text at: http://www.croplifeafrica.org/uploads/File/forms/resource_center/manuals/HOUSEWIVES.pdf.

Understanding the Codex Alimentarius. FAO/WHO, 2005 (revised and updated).

Text at: http://www.fao.org/docrep/008/y7867e/y7867e00.htm.

Updating the Principles and Methods of Risk Assessment: MRLs for Pesticides and Veterinary Drugs. FAO/WHO, 2006. Text at: http://www.fao.org/ag/AGP/AGPP/Pesticid/JMPR/DOWNLOAD/bilthoven_2005.pdf.

Manual on the submission and evaluation of pesticide residues data for the estimation of maximum residue levels in food and feed. FAO, 2002. Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Guidance Document on the Definition of Residue. OECD, 2006.

Text at: http://appli1.oecd.org/olis/2006doc.nsf/linkto/env-jm-mono(2006)31.

Guidelines on organization and operation of training schemes and certification procedures for operators of pesticide application equipment. FAO, 2001.

Text at: http://www.fao.org/docrep/006/Y2686E/Y2686E00.HTM.

06

Guideline for retail, distribution of pesticides with particular reference to storage and handling at the point of supply to users in developing countries. FAO, 1988.

Text at: http://www.fao.org/WAICENT/FAOINFO/AGRICULT/AGP/AGPP/Pesticid/Code/Download/retail.doc.

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Guidelines on personal protection when working with pesticides in tropical climates. FAO, 1990.

Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Guidelines on good practice for ground application of pesticides. FAO, 2001.

Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Guidelines on good practice for aerial application of pesticides. FAO, 2001.

Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Guidelines on the organization of schemes for testing and certification of agricultural pesticide sprayers in use.

FAO, 2001. Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Guidelines on procedures for the registration, certification and testing of new pesticide application equipment.

FAO, 2001. Text at: http://www.fao.org/WAICENT/FAOINFO/AGRICULT/AGP/AGPP/Pesticid/.

Guidelines on standards for agricultural pesticide application equipment and related test procedures - Volume 1: Portable (operator-carried) sprayers; Volume 2: vehicle-mounted and trailed sprayers. FAO, 2001.

Text at: http://www.fao.org/WAICENT/FAOINFO/AGRICULT/AGP/AGPP/Pesticid/.

Alternative (non-chemical) pest control methods OISAT: Online Information Service for Non-Chemical Pest Management in the Tropics. PAN Germany.

Available at: www.oisat.org.

Reducing and eliminating the use of Persistent Organic Pesticides: Guidance on alternative strategies for sustainable pest and vector management. UNEP. Text at: http://www.chem.unep.ch/pops/pdf/redelipops/redelipops.pdf.

Finding Alternatives to Persistent Organic Pollutants (POPs) for Termite Management. UNEP. Text at: http://www.chem.unep.ch/pops/termites/termite_toc.htm.

Disposal of waste Africa Stockpiles Programme (ASP). Further information at: http://www.africastockpiles.org/.

Provisional guidelines on prevention of accumulation of obsolete stocks. FAO, 1995.

Text at http://www.fao.org/docrep/V7460E/V7460E00.htm.

Provisional guidelines for prevention and disposal of obsolete pesticides. FAO. Text at: http://www.fao.org/WAICENT/FAOINFO/AGRICULT/AGP/AGPP/Pesticid/Disposal/guides_en.htm.

Provisional technical guidelines on the disposal of bulk quantities of obsolete pesticides in developing countries.

FAO, 1996. Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Guidelines on the management of small quantities of unwanted and obsolete pesticides. FAO, 1999.

Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Factsheet on Alternatives for POPs Disposal. IPEN, 2005 (second edition). Available in English, French and Spanish at: http://www.ipen.org/ipenweb/library/4_2_dpcbw_doc_2.html.

Assessing soil contamination: a reference manual. FAO, 2000.

Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

I n t e r n a t i o n a l To o l s f o r P r e v e n t i n g L o c a l P e s t i c i d e P r o b l e m s : A Consolidated Guide to the Chemical Codes & Conventions

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Inspection and enforcement Guidelines on monitoring and observance of the Code of Conduct. FAO, Rome 2006.

Text at http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Guidelines on compliance and enforcement of a pesticide regulatory programme. FAO, 2006.

Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Quality control of pesticides products –Guidelines for national laboratories. FAO, 2005. Text at: http://www.fao.org/AG/AGP/AGPP/Pesticid/.

Guidelines on compliance and enforcement of a pesticide regulatory programme. FAO, 2006. Text at: http://www.fao.org/WAICENT/FAOINFO/AGRICULT/AGP/AGPP/Pesticid/Code/Download/Compliance06.pdf.

Selected international organisations United Nations Environment Programme (UNEP). Further information at: http://www.unep.fr/en/branches/chemicals.htm.

Organisation for Economic Co-operation and Development (OECD). Further information at: http://www.oecd.org/topic/0,2686,en_2649_34365_1_1_1_1_37465,00.html.

UN Food and Agriculture Organization (FAO). Further information at: http://www.fao.org/ag/AGP/AGPP/Pesticid/ .

International Labour Organization (ILO). Further information at: http://www.ilo.org/public/english/protection/safework/chemsfty/index.htm.

Inter-Organization Programme for the Sound Management of Chemicals (IOMC). Further information at: http://www.who.int/iomc/en/.

International Programme on Chemical Safety (IPCS). Further information at: http://www.who.int/ipcs/en/.

Intergovernmental Forum on Chemical Safety (IFCS). Further information at: http://www.who.int/ifcs/.

Global Information Network on Chemicals. Further information at: http://www.nihs.go.jp:80/GINC/.

Basel Action Network (BAN). Further information at: www.ban.org.

International HCH and Pesticides Association (IHPA). Further information at: http://hjem.get2net.dk/HCH-Pesticides/.

PAN International and its Regional Centers. Further information at: http://www.pan-international.org/panint/?q=en/node/35.

International POPs Elimination Network (IPEN). Further information at: http://www.ipen.org/ipenweb/ipep.html Reference books Buccini, J. The Global Pursuit of the Sound Management of Chemicals. World Bank, 2004.

Pallemaerts, M. Toxic and Transnational Law – International and European Regulation of Toxic Substances as Legal Symbolism. Hart Publishing, 2003.

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World Health Organization (WHO). Further information at: http://www.who.int/topics/chemical_safety/en/.

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Annex II: Source guide

"This is a thorough and accessible guide which will be a useful addition to the literature. Unlike many other texts, it will be equally handy for researchers interested in the codes and conventions, governments building capacity to manage pesticides, and concerned citizens wishing to support these efforts."

Jessica Vapnek, Legal Officer, United Nations Food and Agriculture Organization