Secretariat for the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in

International Trade

PROCEEDINGS of the Regional Workshop for the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

Beijing, China, 8-12 March 2004

HOSTED BY THE GOVERNMENT OF CHINA WITH THE FINANCIAL ASSISTANCE OF THE GOVERNMENT OF SWITZERLAND

PROCEEDINGS of the Regional Workshop for the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

Beijing, China, 8-12 March, 2004

Hosted by the Government of China with the financial assistance of the Government of Switzerland

CONTENTS

PAGE

Introduction………………………………………………………………………………….………….3

Agenda and timetable………………………………………………………………………..………….5

List of participants……………………………………………………………………………………..10

PART I – PRACTICAL SESSIONS…………………………………………………….…………..17

Session 4 – Identifying questions and challenges in the implementation of the interim PIC procedure and ratification of the Convention

Guidance………………………………………………………………………………………18 Outcome of break out group discussions..…………………………………………………….20

Session 5 – Proposals for severely hazardous pesticide formulations

Introduction……………………………………………………………………………………22 Presentation by Gamini Manuweera…...………………………………………...………..…..25 Summary notes………………………………………………………………….……………..28 Case study………………………………………………………………………….………….30 Outcome of break out group discussions………………………….………………………..…34

Session 6 – Notification of final regulatory action Banned and severely restricted chemicals

Introduction……………………..………………..……………………………………………35 Presentation by Nursiah Aros.....…………….….…………………..….………...……..…….38 Summary notes……………………………………………………………………………...…40 Case study…………………………………………………………………….……………….42 Outcome of break out group discussions…………………………………...…………………44

Session 7 – Decision guidance documents and import response

Introduction………………...………………………………………………………………….45 Presentation by Yong-Zhen Yang..………………………………………………………...….48 Summary notes...………………………………………………………………………………50 Case study……………………………………………………………………………………..52 Outcome of break out group discussions…………………………………..….………………53

Session 8 – Export notification

Introduction………………..…………………………………………………………………..54 Presentation by Bettina Hitzfeld.………………………………………………………...……57 Summary notes…...……………………………………………………………………………59 Case study……………………………………………………………………………………..61 Outcome of break out group discussions……………………………………………………...64

1

Session 10 – Opportunities for regional cooperation Existing mechanisms of regional cooperation

Presentation by Jinhui Li……………………..……………………………..………………...66 Presentation by Halimi Mahmud……………………………………………..……………….71 Presentation by Wendy Yap…………………………………………………………………..74 Presentation by Jan Ketelaar…………………………………………………………………..78

Identification of key next steps/priorities at national and regional level

Guidance questions………………………………………………………………..…………..81 Outcome of break out group discussions…………………………………………….…….….83

Session 11 – Addressing challenges and questions identified in session 4

Principal challenges to implementation of the interim prior informed consent procedure…………………………………………….85 Responding to challenges identified in session 4……………………………………………..86

PART II – PRESENTATIONS……………………………………………………..………………..88

Session 1 – Opening Introduction……………………………………………………………………………………89

Session 2 – Introduction to the Rotterdam Convention

General Overview of the Rotterdam Convention…………………………..…………………91 Key elements of the Rotterdam Convention….……………………………………….………94 Relationships among the Stockholm, Basel and Rotterdam Conventions…………………….98 What has been accomplished by the Rotterdam Convention….……………………………..101 Overview of the work of the ICRC by Reiner Arndt…………………………….…………..104 Transition to a legally binding instrument…………………………………………………...106 Status of ratifications and key steps in the ratification process …………………..…………109 Presentation by Nuansri Tayaputch….………………………………………………………111 Summary of the key provisions of the Rotterdam Convention………………………………113

Session 3 – Overview of the Rotterdam Convention

Introduction…………………………………………………………………………….…….116 Description of the Rotterdam Convention………………………………………………...…125

Session 9 – Benefits and challenges of Ratification of the Rotterdam Convention

Introduction……………………………………………………………………..……………130 Presentation by Aida Ordas………………………………………………………………….132 Presentation by Alan Browning……………………………………..……………………….139 Presentation by Romeo Quijano.……………………….…...………..………………....…...141

2

INTRODUCTION

Background

The Conference of Plenipotentiaries which took place in Rotterdam, 10-11 September 1998, adopted the Rotterdam Convention on the Prior Informed Consent (PIC) procedure for Certain Hazardous Chemicals and Pesticides in International Trade. The Final Act of the Conference was signed by 73 States. The Convention was opened for signature at the United Nations Headquarters in New York from 12 September 1998 to 10 September 1999. As of January 2004, there were 58 Parties to the Rotterdam Convention. The Convention entered into force on 24 February 2004.

The voluntary PIC procedure has been operated by UNEP and FAO since 1989, based on the amended London Guidelines for the Exchange of Information on Chemicals in International Trade and the FAO International Code of Conduct on the Distribution and Use of Pesticides.

A resolution on interim arrangements was adopted at the Conference of Plenipotentiaries by which the voluntary PIC procedure was modified to bring it line with the procedure established by the Convention. The interim PIC procedure was in place until the entry into force of the Convention. The resolution on interim arrangements also invited the Executive Director of UNEP and the Director General of FAO to convene further sessions of the Intergovernmental Negotiating Committee (INC) to oversee the operation of the PIC procedure and to prepare for the first meeting of the Conference of the Parties. Finally, the resolution requested the Executive Director of UNEP and the Director General of FAO to provide secretariat services during the interim period.

As a first among the multilateral environmental agreements, Governments agreed to continue to implement the voluntary PIC procedure using the new procedures of the Convention. It is a clear indication of the importance Governments attach to this Convention.

The eighth session of the INC (8-12 October 2001) requested the Secretariat to develop a comprehensive guidance manual for designated national authorities (DNAs) clearly setting out all actions required of those authorities in performing their functions in accordance with the Convention taking into consideration comments and feedback from DNAs. It was also requested that the Secretariat provide practical training to DNAs through regional and sub-regional workshops.

The purpose of this workshop is to inform DNAs of the Convention and what is required to operate the new, Convention procedure and to facilitate discussion and exchange of experience among DNAs in the region, thus assisting in the shift from implementation of the old, voluntary procedure through the interim procedure to the new Convention procedure.

The goals of the workshop are to:

• promote the ratification and implementation of the Convention in the region; • provide practical training on the operation of the Convention including the roles and responsibilities of the DNAs; • develop a better understanding of the needs and constraints of countries in the implementation of the PIC procedure and ratification of the Convention including identifying opportunities for regional cooperation; and • increase awareness of and benefits associated with the Rotterdam Convention.

Proceedings from the workshop

The proceedings of the workshop contain the introduction to the work and the outcome of the breakout groups that took place at the different sessions of the workshop. It also includes the agenda, the list of participants and the presentations made by the Secretariat as well as by invited speakers.

3

NOTE For ease of placement on the web and downloading purposes, the proceedings have been collated in an order different to that followed during the workshop and provided in the Agenda. The first part of the proceedings includes the outcome of the practical sessions, the opportunities for cooperation and a section addressing the challenges and questions raised during the workshop. The second part contains the presentations describing the Convention and its operation as well as a section dealing with benefits and challenges of ratification of the Rotterdam Convention.

4

AGENDA AND TIMETABLE

MONDAY 8 MARCH

09:00-10:00 Registration of participants

1st Session: OPENING Xu Qinghua,Chai

10:00-10:45 Opening Remarks

Representative of the Government of China H.E. Pan Yue Vice Minister of SEPA Executive Secretary for the Rotterdam Convention N. Van der Graaff Representative of the Government of Switzerland G. Löw Representative of UNEP Kunbao Xia Representative of FAO G. Ahmed

10:45-11:15 BREAK

11:15-11:30 Overview of the agenda and organization of the workshop B. Murray, Secretariat • Objectives • Structure • Presentation of participants, moderators and secretariat Ruihe Tu, Chair • Local arrangements S. Logan, Secretariat

2nd Session INTRODUCTION TO THE ROTTERDAM CONVENTION

11:30-12:00 General overview/Background of the Rotterdam Convention N. Van der Graaff ƒ Brief history of the negotiation process Exec. Sec. ƒ Interim arrangements ƒ Scope of the Convention – what it is/what it is not ƒ Overview of Convention obligations

12:00-13:30 Lunch

13:30-14:00 Key elements of the Rotterdam Convention B. Murray, Secretariat

14:00-14:30 Relationships among the Stockholm, Basel and S. Logan, Secretariat Rotterdam Conventions

14:30-15:00 The Interim PIC procedure – accomplishments G. Wyrwal, Secretariat

15:00-15:30 Overview of the work of the Interim Chemical Review Committee R. Arndt

15:30-15:45 Break

15:45-16:00 Transition from the voluntary interim PIC procedure B. Murray, Secretariat to the legally binding Rotterdam Convention

16:00-16:15 Status of ratification of the Rotterdam Convention in the Y.Zhou, Secretariat Asia region and key steps in the ratification process

16:15-16:30 Experience in the implementation of the interim PIC procedure and in the ratification of the Rotterdam Convention N. Tayaputch • Presentations by invited speakers from countries in the region Thailand

16:30-17:00 Panel Discussion Moderator: Chair

17:00-17:15 Preparation for Session 4 Breakout groups G. Wyrwal, Secretariat

5

TUESDAY 9 MARCH

3rd Session OVERVIEW OF THE ROTTERDAM CONVENTION Chair

9:00-10:00 Scope of the Convention B. Murray, Secretariat ƒ What chemicals are included

Key players ƒ Who they are and what they do (DNA, INC, ICRC, Secretariat)

Operation of the Interim PIC procedure ƒ Adding chemicals - Notifications of regulatory control actions - Proposals for severely hazardous pesticide formulations ƒ The PIC procedure - Decision guidance documents (DGDs) - Import decisions ƒ Importing and exporting country responsibilities - Export notification ƒ Information exchange

Questions – comments

10:00-10:30 Break

4th Session IDENTIFICATION OF CHALLENGES - QUESTIONS TO CONSIDER Moderator: A. Ordas

10:30-10:45 Introduction – Plenary G. Wyrwal, Secretariat ƒ Brief review of questions circulated prior to meeting ƒ Objectives of breakout groups - results will assist in framing the discussion in the practical sessions and be reviewed in Session 11 to determine ability of Workshop to address such issues

10:45-12:00 Breakout groups – Challenges and questions ƒ Based on their experience and in response to questions circulated in advance of the workshop, participants will identify issues/questions regarding the operation of the interim PIC procedure

12:00-13:00 Lunch

13:00-13:30 Plenary Session – Challenges and Questions Moderator: A. Ordas ƒ Moderator to present a consolidated list of questions/challenges from the work groups for consideration by the plenary

5th Session PROPOSALS FOR SEVERELY HAZARDOUS PESTICIDE FORMULATIONS Moderator: N. Tayaputch

13:30-14:15 Introduction – Plenary B. Murray, Secretariat ƒ Presentation of the incident report form as basis for submission of proposals for severely hazardous pesticide formulations ƒ Presentation by invited expert of the importance of the G.Manuweera key elements of the severely hazardous pesticide incident report form Sri Lanka ƒ Brief explanation of the objectives of breakout groups and N. Tayaputch outline of the work to be undertaken Moderator

14:15-14:45 Break

6

14:45-16:45 Breakout groups – Severely Hazardous Pesticide Formulations ƒ Practical session on process of completing an incident report form and preparing a proposal for submission ƒ Identify challenges and/or constraints in reporting incidents including gaps in the incident reporting process and where guidance may be needed

WEDNESDAY 10 MARCH

9:00 – 9:30 Plenary Session – Severely Hazardous Pesticide Formulations N. Tayaputch ƒ Moderator to present a consolidated report of the work of the break out groups

6th Session NOTIFICATIONS OF FINAL REGULATORY ACTION – BANNED AND SEVERELY RESTRICTED CHEMICALS Moderator: K. Choi

9:30-10:15 Introduction – Plenary G. Wyrwal, Secretariat ƒ How the notification process works, the importance of the process and key documents ƒ Presentation by invited participant on their experience with Nursiah preparation and submission of notifications of final regulatory actions ƒ Brief explanation of the objectives of breakout groups and K. Choi, Moderator outline of the work to be undertaken

10:15-10:30 Break

10:30-12:30 Breakout groups – Notifications of banned and severely restricted chemicals ƒ Practical session on completing a notification form for submission ƒ Identify challenges and constraints with the notification process and the supporting documentation

12:30-13:30 Lunch

13:30-14:00 Plenary Session Moderator: K. Choi

ƒ Moderator to present a consolidated report of the work of the breakout groups

7th Session DECISION GUIDANCE DOCUMENTS AND IMPORT DECISIONS Moderator: M. Halimi

14:00-14:45 Introduction – Plenary Y. Zhou, Secretariat ƒ Presentation of the process for preparation of import decisions, the importance of the import response and key documents

ƒ Presentation by invited participant on their experience with Y. Yang, China preparation and submission of import responses

ƒ Brief explanation of the objectives of breakout groups and Moderator: M. Halimi outline of the work to be undertaken

14:45-15:00 Break

15:00-17:00 Breakout groups – Decision Guidance Documents and Import Decisions ƒ Practical session on completing an import response form based on information available in the DGD ƒ Identify challenges or constraints in preparing and submitting an import response

7

THURSDAY 11 MARCH

09:00-9:30 Plenary Session Moderator: M. Halimi

ƒ Moderator to present a consolidated report of the work of the break out groups

8th Session: EXPORT NOTIFICATION Moderator: B. Hitzfeld

09:30-10:00 Plenary

Export notification under the Convention S. Logan, Secretariat ƒ Presentation of the key elements- what it is and what it is not

ƒ Presentation by invited expert on the export notification B. Hitzfeld programme in an exporting country Switzerland ƒ How it operates, key elements and key documents ƒ Introduction to CAS numbers and Harmonised System Customs Codes

Brief explanation of the objectives of break out group and Moderator: B. Hitzfeld outline of the work to be undertaken

10:00-10:30 Break

10:30-12:30 Breakout groups – Export Notification ƒ Practical session on the process of export notification – from the perspective of the exporting country and the importing country ƒ Review the information included in an actual export notification and steps that could be taken in a country upon receipt of such a notification

12:30-13:30 Lunch

13:30-14:00 Plenary Session Moderator: B. Hitzfeld ƒ Moderator to present a consolidated report of the work of the breakout groups

9th Session: BENEFITS AND CHALLENGES OF RATIFICATION OF THE ROTTERDAM CONVENTION Moderator: Chair

14:00-14:15 Introduction B. Murray, Secretariat

14:15-15:15 Presentations on this common theme by invited speakers from A.Ordas, Philippines the perspective of government, the chemical industry and A. Browning, CLI public interest groups R. Quijiano, PAN AP

15:15-15:30 Break

15:30-16:00 Panel Discussion Moderator: Chair

16:00-16:15 The Rotterdam Convention Website S. Logan, Secretariat

8

FRIDAY 12 MARCH

10th Session OPPORTUNITIES FOR REGIONAL COOPERATION Moderator: Y Yang

9:00-10:00 (a) Existing mechanisms of regional cooperation

Review of existing mechanisms of regional cooperation and J. Li, Basel Convention consideration of how they might be used in the H. Mahmud, Malaysia implementation of the Rotterdam Convention W. Yap, ASEAN Invited Speakers J. Ketelaar, FAO-RAP

10:00-10:30 Panel Discussion

10:30-10:45 Break

(b) Identification of key next steps/ priorities at national and regional level

10:45-11:00 Brief explanation of the objectives of breakout groups and Moderator: Y Yang outline of the work to be undertaken

11:00-12:00 Breakout groups: Key next steps/priorities - national and regional

• As appropriate, identify “key next steps” at the national level for the ratification and of the Rotterdam Convention • Identify those “key next steps” that are common across countries as basis for sharing experience and developing common approaches • Identify set of break out group priority activities - at both the national level and regionally

12:00-13:00 Lunch

13:00-14:00 Plenary Session: Key next steps/priorities - national and regional Moderator: Y Yang • Review breakout groups priority activities • Identify an overall set of workshop priority activities

11th Session ADDRESSING CHALLENGES AND QUESTIONS Chair

14:00-14:15 Plenary Session – review questions and challenges B. Murray, Secretariat • Review list of questions and challenges identified in Session 4 • Consider those addressed by the workshop and those that are outstanding

14:15-14:30 Workshop review G. Wyrwal, Secretariat • What went well - what might be improved

14:30-14:45 Closure of the Meeting Chair

9

LIST OF PARTICIPANTS

BANGLADESH INDIA

Mr. M. D. Abdul Hai Mr. Amand Shah Analyst Deputy Secretary for Plant Protection Department of Environment Department of Agriculture and Cooperation Paribesh Bhaban, E/16, Agargaon Ministry of Agriculture Sher-E-Bangla Nagar Room No. 233, Krishi Bhavan Dhaka 1207 New 110001

Tel: +88 02 911 2489 Tel: +91 11 233 89441 Fax: +88 02 911 8682 Fax: +91 11 233 89441 e-mail: [email protected] Mobile: +91 98 103 44911 e-mail: [email protected] [email protected] BHUTAN Mr. Ramesh Inder Singh Mr. Sangay Dorji Joint Secretary Environment Unit Department of Chemicals Ministry of Trade and Industry DNA for Agriculture Chemical Post Box 141 Room No.341, Shashtri Bhawaw, Thimphu New Delhi

Tel: +975 2 326096 Tel: +91 2 338 1573 Fax: +975 2 324728, 326097 Fax: +91 2 307 3050 e-mail: [email protected] e-mail: [email protected]

Thuji Tshering Chief Regulatory and Quarantine Officer INDONESIA Bhutan Agriculture and Food Regulatory Authority Ms. Hermien Roosita Ministry of Agriculture Assistant Deputy for Manufactures, Thimphu Infrastructures and Services Ministry of Environment Tel: +975 2 327 031 5th Floor Wing; Jl D.I. Panjaitan Kav. 24 Fax: +975 2 327 032 Kebon Nanasa e-mail: [email protected] Jakarta 13410 [email protected] Tel: +62 21 85904932 Fax: +62 21 85904932 CAMBODIA Mr. Yusra Khan Mr. Chea Chan Veasna Environmental Division Chief, Bureau of Agricultural Material Standards Department of Foreign Affair Ministry of Agricuture, Forestry and Fisheries JL. Pejamnow No.6 Department of Agricultural Legislation Jakarta 200 Preah Norodom bvd. Phnom Penh Tel: +61 21 3848626 Fax: +61 21 3857315 Tel: +855 12 841 867 e-mail: [email protected] Fax: +855 23 726196 e-mail: [email protected]

10

Mr. Iyan Suwargana Ms. Eunhee CHO Ministry of Environment Deputy Director 5th Floor Otorita Building; Chemicals Management Division Jl D.I. Panjaitan Kav. 24 Ministry of Environment Kebon Nanas Jakarta 13410 Tel: +82 2 2210 6968 Fax: +82 2 504 6068 Tel: +62 21 85909932 e-mail: [email protected] Fax: +62 21 85904932 e-mail: [email protected] LAO, PDR

KOREA, DPR Mr. Chounthavong Bounliep Deputy Director General Mr. Choe Tae Song Department of Agriculture National Committee for FAO Ministry of Agriculture and Forestry Pyongyang P. Box 811 Vientiane Tel: +850-2-3818370 Fax: +850-2-381-4660 Tel: +856 21 412350 Fax: +856 21 412349 Mr. Kim Chi Yong e-mail: [email protected] Director, Institute of Agricultural Chemicals Academy of Agricultural Sciences MALAYSIA Pyongyang Ms. Nursiah Binti Mohamad Tajol Aros Tel: +8502 18111 (ext) 381 8557 Assistant Director e-mail: [email protected] Pesticides Control Division Department of Agriculture, Jalan Gallagher 50480 KOREA, REPUBLIC OF Tel: +603 2697 7246 Dr. Ahn In Fax: +603 2697 7225 Director e-mail: [email protected] Agricultural Resources Division, Rural Development Administration Ms. Siti Zaleha Ibrahim Seodun-dong 250 Principal Assistant Director Suwon 441 707 Department of Environment Ministry of Science, Technology Tel: +82 31 2992290 and the Environment Fax: +82 31 2992607 Level 3-7, Block C4 e-mail: [email protected] Federal Government Administrative Centre 62662 Putrajaya Mr. Lee Kyoung-Won Assistant, Agricultural Resources Division, Tel: +603 8885 8200 Rural Development Administration Fax: +603 8888 9987 Seodun-dong 250 e-mail: [email protected] Suwon 441 707

Tel: +82 31 2992600 Fax: +82 31 2992607 e-mail: [email protected]

11

NEPAL THAILAND

Mr. Bhakta Raj Palikhe Ms. Pornpimon Chareonsong Pesticide Registration Officer Environmental Scientist Plant Protection Directorate Pollution Control Department G.P.O. Box 1818 92 Soi Phahon Yothin 7 Kathmandu Phahon Yothin Rd., Sam Sen Nai, Phayathai 10400 Tel: +977 1 552 1597(0), 977 1 4428779 Fax: +977 1 5539376 Tel: +662 298 2457 e-mail: [email protected] Fax: +662 298 2425 [email protected] e-mail: [email protected]

PAKISTAN VIETNAM

Mr. Raashid Bashir Mazari Mr. Khu Xuan Ngo Director General Pesticide Management and Registration Division Department of Plant Protection Plant Protection Dept. Ministry of Food, Agriculture and Livestock Ministry of Agriculture and Rural Development Jinnah Avenue, Malir Halt 149 Ho Dac Di – Dong Da Karachi Hanoi

Tel: +92 21 9248607 Tel: +84 4 5331562 Fax: +92 21 9248673 Fax: +84 4 5331563 e-mail: [email protected] e-mail: [email protected]

Dr. Le Van Hung SINGAPORE Senior Officer Ministry of Agriculture and Rural Development Chow Chee Kiong Department of Sciences and Technology Engineer No. 2, Ngocha Badinh, Hanoi Chemical Control Section Pollution Control Department Tel: +84 4 843 6814 National Environment Agency Fax: +84 4 843 3637 Environment Building e-mail: [email protected] 40 Scotts Road, #12-00; 228231 [email protected]

Tel: (65) 67319919 Fax: (65) 68362294 e-mail: [email protected] II. EXPERTS

Mr. Mahmood Hasan Khan SRI LANKA Deputy Director (Technical) Department of Environment Mr. Gamini Kumarasiri Manuweera Rajshahi Division Registrar of Pesticides 'PARIBESH BHABAN' Office of the Registrar of Pesticides Nishindara Department of Agriculture Bogra-5800. P.O. Box 49 BANGLADESH Peradeniya Fax: +880 2 9118682; +880 5 172419/66243 Tel: +94 8 123 88135, +94 8 123 88076 e-mail: [email protected] Fax: +94 8 123 88135 e-mail: [email protected]

12

Dr. Reiner Arndt Ms. Aida de Vera Ordas Federal Institute for Chief Occupational Safety and Health Pesticide Regulatory Services Division Head of the Division 4, Fertilizer and Pesticide Authority Safety and Health regarding Chemical 4th Floor, Bldg. B, NIA Complex and Biological Agents EDSA, Quezon City Budesanstalt für Arbeitsschultz und PHILIPPINES Arbeitsmedizin Friedrich-Henkel.Weg 1-25 Tel: +632 9223368; 9223364 44149 Dortmund Fax: +632-9223364;9223355 GERMANY e-mail: [email protected]

Tel: +49 231 9071 279 Dr. Romeo F.Quijano Fax: +49 231 9071 611 Pesticide Action Network (PAN) Philippines e-mail: [email protected] Lot 2, Block 30 BF Executive Village Las Pinas City Ms. Wendy Yap Hwee Min Metro-Manila 1740 Senior Officer, Environment PHILIPPINES Bureau for Resources Development ASEAN Secretariat Tel: +63 2 8050585 70 A Jalan Sisingamangaraja Fax: +63 2 5218251 Jakarta 12110 e-mail: [email protected] INDONESIA

Tel: +6221 724 3372 / 726 2991 Ext. 278 Mr. Pietro Fontana Fax: +6221 739 8234 / 724 3504 Swiss Agency for Environment, e-mail: [email protected] Forest and Landscape (SAEFL) 3003 Bern SWITZERLAND Mrs. Kyunghee Choi Research Officer Tel: +41 1 368 17 22 National Institute of Environmental Research Fax: +41 1 368 17 23 Ministry of Environment e-mail: [email protected] Environmental Research Complex Kyungseo-Dong, Seo-Gu Incheon, Ms. Gabriela Löw REPUBLIC OF KOREA Senior Scientific Advisor International Affairs Division Tel: +82 32 560 7128 Swiss Agency for Environment, Fax: +82 32 568 2037 Forest and Landscape (SAEFL) e-mail: [email protected]; [email protected] 3003 Bern SWITZERLAND

Mr. Halimi Mahmud Tel: +41 31 3229386 Assistant Director Fax +41 31 3230349 Pesticide Control Division e-mail: [email protected] Department of Agriculture Jalan Gallagher 50480 Kuala Lumpur MALAYSIA

Tel: +603 2697 7260 Fax: +603 2697 7225 e-mail: [email protected]

13

Ms Bettina-Claudia Hitzfeld III. SECRETARIAT Senior Scientific Advisor Swiss Agency for Environment, Forests and Landscape (SAEFL) Mr. Niek van der Graaff 3003 Bern Secretariat of the Rotterdam Convention, AGPP, SWITZERLAND Food and Agriculture Organization of the United Nations (FAO) Tel: +41 31 32 31768 Viale delle Terme di Caracalla Fax: +41 31 32 47978 00100 Rome, e-mail: [email protected] ITALY

Tel: +39 06 5705 3441 Dr. Alan Browning Fax: +39 06 5705 3224 Technical Director e-mail: [email protected] Croplife Asia 28th Fl, Rasa Tower Mr. William Murray 555 Pahonyothin Road, Jatuchak Secretariat of the Rotterdam Convention, AGPP, Bangkok 10900 Food and Agriculture Organization of the United Nations THAILAND (FAO) Viale delle Terme di Caracalla Tel +66 2937 0487 00100 Rome Fax +66 2937 0491 ITALY e-mail: [email protected] Tel: +39 06 5705 6289 Fax: +39 06 5705 3224 Dr. Nuansri Tayaputch Consultant e-mail: [email protected] Agricultural Toxic Substances Building Department of Agriculture Ms Yun Zhou 8/42 Soi Tanpuying Pahol, Ngam Wongwan Rd, Secretariat of the Rotterdam Convention, AGPP, Bangkok 10900 Food and Agriculture Organization of the United Nations THAILAND (FAO) Viale delle Terme di Caracalla Fax: +66 2 9405401 00100 Rome e-mail: [email protected] ITALY

Tel: +39 06 5705 4160 Mr. Jan Willem Ketelaar Fax: +39 06 5705 3224 ICP vegetable IPM e-mail: [email protected] FAO Regional Office for Asia and Pacific 39 Maliwan Mansion Mr. Gerold Wyrwal Phra Atit Road Secretariat of the Rotterdam Convention, AGPP, Bangkok 10200 Food and Agriculture Organization THAILAND of the United Nations (FAO) Viale delle Terme di Caracalla Tel +66 2 697 4274 00100 Rome Fax: +66 2 697 4422 ITALY e-mail: [email protected] Tel: +39 06 5705 2753 Fax: +39 06 5705 3224 e-mail: [email protected]

14

Ms Sheila Logan Ms. Yang Yong-zhen Secretariat of the Rotterdam Convention Deputy Director UNEP Chemicals Institute for the Control of Agrochemicals 11-13 Chemin des Anémones Ministry of Agriculture 1215 Châtelaine Geneva Tel: +86-10-64194071 SWITZERLAND Fax: +86-10-65071072 e-mail: [email protected] Tel: +41 22 91 78511 Fax: +41 22 79 73460 Mr. Wu Houbin e-mail: [email protected] Agronomist Institute for the Control of Agrochemicals Ministry of Agriculture IV. PEOPLE’S REPUBLIC OF CHINA Tel: +86-10-64194099 Mr. Tu Ruihe Fax: +86-10-65071072 Director e-mail: [email protected] Division of International organizations Department of International Cooperation Dr. Hao Jiming SEPA Deputy Director General Asia-Pacific Regional Centre for Hazardous Tel: +86-10-66168639 Waste Fax: +86-10-66151762 Management Training and Technology e-mail: [email protected] Transfer Institute of Environmental Science and Dr. Liu Guozhi Engineering, Tsinghua University Programme Officer Division of International Organizations Tel: +8610 62782195 Department of International Cooperation Fax: +8610 62772048 SEPA e-mail: [email protected]

Tel: +86-10-66168639 Dr. Li Jinhui Fax:+ 86-10-66151762 Administrative Director e-mail: [email protected] Asia-Pacific Regional Centre for Hazardous Waste Ms. Zang Wenchao Management Training and Technology Department of Pollution Control, SEPA Transfer Department of Environmental Science and Tel: +86-10-66154547 Engineering, Tsinghua University Fax: +86-10-67117421 e-mail: [email protected] Tel: +8610 62794351 Fax: +8610 62772048 Ms. Sun Jinye e-mail: [email protected] Senior Engineer Chemical Registration Center of SEPA Ms. Ko Wan-chi Senior Agricultural Officer (Regulatory) Tel: +86-10-84915286 Agriculture, Fisheries and Fax: +86-10-84913897 Conservation Department e-mail: [email protected] 6/F., Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Kowloon, Hong Kong

Tel: (852) 21507011 Fax: (852) 2736 9904 e-mail: [email protected]

15

Dr. Yang Rong Environmental Protection Officer Water Policy and Planning Group Environmental Protection Department, Hong Kong 46/F., Revenue Tower, 5 Gloucester Road Wanchai, Hong Kong

Tel: +852 2594 6140 Fax: +852 2824 9101 e-mail: [email protected]

16

PART I

PRACTICAL SESSIONS

17

SESSION 4: IDENTIFYING QUESTIONS AND CHALLENGES IN THE IMPLEMENTATION OF THE INTERIM PRIOR INFORMED CONSENT (PIC) PROCEDURE AND RATIFICATION OF THE ROTTERDAM CONVENTION

GUIDANCE

Objective: In preparing for the workshop participants were requested to prepare a list of issues and/or challenges that, based on national experience, had been identified in implementing the interim PIC procedure or in working towards ratification of the Rotterdam Convention.

To assist in this task the Secretariat prepared a series of points to consider in characterising country experience (see below).

Methodology: Breakout groups were convened on the second day of the workshop (Session 4) to consider the list of issues raised and challenges identified by individual workshop participants. The results of the breakout group discussions were a common list of issues and challenges. Ideally all of the points raised would be considered in subsequent sessions of the workshop. The list developed in Session 4 was reviewed on the last day of the workshop (Session 11) in order to determine which of those questions have been answered and to consider how the outstanding issues and challenges identified might be addressed at the national level and/or through regional or sub-regional cooperation.

There are two principal areas that participants are asked to consider, the first concerns the implementation of the interim PIC procedure and the second the process for ratification of the Rotterdam Convention.

A) Implementation of the interim PIC procedure

Six subject areas had been identified which reflect the key elements of the interim PIC procedure. In reviewing these points participants should consider experience in the operation of these different aspects of the interim PIC procedure including understanding of the relevant processes and associated documentation. In addition a set of points to consider have been listed under each area to facilitate analysis of the current situation in participants’ countries.

1. Designated National Authorities (Article 4): • Capacity to perform the functions required under this Convention. • Means to communicate official decisions to the Secretariat, such as import decisions for chemicals subject to the interim PIC procedure, or notifications for chemicals that have been banned or severely restricted nationally. • Flow of information and communication (between the Designated National Authority (DNA) and relevant ministries and among ministries e.g. agriculture, health, environment).

2. Notifications of final regulatory actions - banned or severely restricted chemicals (Article 5 and Annex 1) • Legal and regulatory infrastructure to ban industrial chemicals and pesticides. • Capacity to perform scientific assessments of risks in order to arrive at regulatory actions. • Documentation of the decision making process. • Understanding of/experience with the process for the preparation and submission of notifications of final regulatory action for banned or severely restricted chemicals.

3. Proposals for severely hazardous pesticide formulations (Article 6 and Annex IV) • Identification of incidents and preparation and submission of proposals for severely hazardous pesticide formulations causing problems under conditions of use in participant’s country.

18

• Official follow-up to local reports on poisoning incidents (human health or environment) related to the use of pesticides. • Understanding of/experience with the preparation and submission of proposals for severely hazardous pesticide formulations.

4. Import decisions for future imports of chemicals subject to the interim PIC procedure (Article 10) • Taking import decisions for chemicals subject to the interim PIC procedure. • Procedures for informing relevant groups (e.g. customs authorities, importers, extension services, farmers, grower associations) about participant’s national import decisions and those of other countries, as published in the PIC Circular. • Understanding of/experience with the preparation and submission of decisions regarding future imports of chemicals subject to the interim PIC procedure.

5. Export notification (Article 12 and Annex V) • Process of export notification. • Frequency with which export notifications from exporting countries are received. • Action taken, if any, following receipt of an export notification e.g. who receives it, who is informed, does the chemical notified receive any special attention?

6. Access to information/ information exchange: • Receipt of information e.g. PIC Circular, Decision Guidance Documents, reports of Workshops, reports of the Interim Chemical Review Committee etc. • Accessibility to electronic media such as e-mail and the Rotterdam Convention website (www.pic.int). • Viable alternatives for disseminating information to DNAs.

B) Ratification of the Rotterdam Convention

In reviewing the points listed below, participants should consider their understanding of the steps required in their country for the ratification of a legally binding international treaty such as the Rotterdam Convention.

• status of participant’s country regarding ratification of the Rotterdam Convention; • understanding of the process of ratification in the country, what are the steps to be taken and who is involved; • implications of ratification of the Rotterdam Convention for the country, including; financial and human resource requirements, the need to modify existing legislation, and ability to enforce the obligations as a consideration in seeking final approval and ratification.

19

SESSION 4: IDENTIFYING QUESTIONS AND CHALLENGES IN THE IMPLEMENTATION OF THE INTERIM PRIOR INFORMED CONSENT (PIC) PROCEDURE AND RATIFICATION OF THE ROTTERDAM CONVENTION

OUTCOME OF BREAK OUT GROUP DISCUSSIONS

A) Implementation of the PIC procedure

1. Designated National Authorities (Article 4):

• Different DNAs for production, manufacture, export, use, • Multiplicity of DNAs in some countries cause coordination problems. • Clearly define role of the DNA • Build up technical capacity for DNA • Problem in orienting the human resources to the objectives and procedures of the convention. • Technical assistance/training/awareness raising for customs officials (all authorities involved in border control) • Report poisonings: documentation of health and environmental incidents • Should DNA have expertise in the area of chemicals/pesticide? Is DNA a person or an agency? • Coordination between production/manufacture and use, specially in case of banned chemicals/pesticides • Coordination between agencies and interministerially • Lack of facility and limitations of the DNA to perform (funds, education and experience). Do not possess the capacity to handle/ function • Need for identification of Codes and Harmonisation specifications-for Custom Authorities

2. Notifications of final regulatory actions - banned or severely restricted chemicals (Article 5 and Annex 1)

• Responsible regulatory, facilitating and co-ordinating body to ensure the use of its authority to control and regulate flow of hazardous chemicals • Capacity to perform risk evaluation • Some countries are late starters in pesticides and hazardous chemicals management. Need technical assistance. • Time frame for obligation to notify the ban • Regulating import of pesticides/ lack of capacity to handle chemicals arriving at ports • All documentations should be transparent and available to all members • Absence of identification of effects of products before being processed for ban/regulation • Implementing of signing/ratification modification and legislative implications • Is there a time restriction for second ban to reach the PIC secretariat?

3. Proposals for severely hazardous pesticide formulations (Article 6 and Annex IV)

Challenges/questions a) Knowledge/capacity/surveillance/analytical capacity to recognize poisoning/environmental incidents b) Confidentiality of patient’s data in case of suicide cases

20

4. Import decisions for future imports of chemicals subject to the interim PIC procedure (Article 10)

Challenges/questions a) Import decision may be tied to registration b) There may not be enough time to consult all stakeholders and other relevant groups c) Participative consultative process may be long and tedious d) Utilisation of information given in DGD e) Export of a PIC substance to a country that has given a “no consent” decisions in the case of an emergency (e.g. DDT from India to an African country with malaria that wants to import DDT) f) UN official language acceptable to importing country? g) Informing relevant groups: decisions made by government not readily available to the public. Dissemination of information important. DNAs need to come out with proposals of disseminating information supported bilaterally or multilaterally and networking. How to coordinate is a challenge.

5. Export notification (Article 12 and Annex V)

Challenges/questions a) Export notification/chemical may be incorrectly labelled b) Make sure that the industry knows and follows the Convention c) Correct address of DNA d) Capability of handling the export notification

6. Access to information/ information exchange: a) Task of chemical producers to develop hazard data. b) Minimum requirement under the Convention. c) Scientific data more related to animal testing. d) Language difficulties e) Increase awareness of the Convention

B) Ratification of the Rotterdam Convention

All countries are in favour of ratification; only the process takes much longer than anticipated. a) Technical assistance for DNA to ratify Convention b) Training assistance to border/customs control c) Ensuring that appropriate institutional capability is in place to fulfil obligations of Convention d) Put financial system in place, so that at least for a few years after ratification countries can be helped in setting up infrastructure to meet obligations e) Delay in ratification due to political processes and instabilities f) Need for information on the cost of ratification and complying with the obligations to the Convention

21

SESSION 5: SEVERELY HAZARDOUS PESTICIDE FORMULATIONS

Introduction by the Secretariat

Slide 1 Slide 2

Structure of Session 5 SESSION 5

• Introduction

Proposal for a severely • Presentation by participant based on their hazardous experience pesticide formulation • Practical work in breakout groups (SHPF)

Slide 3 Slide 4

Objectives of Session 5 Introduction

n Key provisions of the Convention 1) understand the provisions of the Convention and the process for submission of a proposal o The detailed process for submission of a proposal 2) understand the role of the PIC Circular as a source of information on including: pesticide formulations posing problems under conditions of use • Key players: role of DNA andSecretariat 3) understand the role of the DNA and the incident report form in • Key documents: SHPF report form and PIC Circular preparing a proposal p Overview of severely hazardous pesticide formulations under 4) provide feedback to the Secretariat on the clarity of the process for the Rotterdam Convention preparing and submitting proposals q Key points

Slide 5 Slide 6

n Key provisions of the Convention

Article 2 Definitions • Article 2 Definition • Severely Hazardous pesticide formulation Severely hazardous pesticide formulation • Article 6 Procedure for severely hazardous pesticide formulations means a chemical formulated for pesticidal use that • the opportunity for developing countries and those with economies of transition to propose a pesticide produces severe health or environmental effects formulation observable within a short period of time after single or • the process to be followed for the submission of a proposal multiple exposure, under condition of use • Annex IV Information and criteria for listing SHPF in Annex III

22

Slide 7 Slide 8

Article 6 Procedures for severely hazardous Annex IV, part 1, Information requirements pesticide formulations

• Country experiences problems with a specific pesticide formulation • Description of the pesticide formulation under conditions of use in its territory, • Description of the way the formulation is used in • DNA submits a proposal for inclusion of the pesticide formulation in the country the Convention, • Clear description of the incidents related to the • Secretariat verifies that the information requirements of Annex IV, problem including the adverse effects part 1 have been met, • Summary is published in the PIC Circular (Appendix II)

Slide 9 Slide 10

o Process for submission of a proposal o Process for submission of a proposal

1. Proposals must come from a DNA Severely hazardous pesticide formulation report form

• May draw upon technical expertise from any • Part A: transmittal form relevant source • Part B: pesticide incident report form • description of formulation, incident, adverse effects, the • Part A: transmittal form must be signed by the way in which the formulation was used DNA Part B of the form can be replaced by national incident report forms where available

Slide 11

o Process for submission of a proposal

2. Submitted proposal is reviewed by the secretariat • where it meets the information requirements of part 1 of Annex IV • summary is published in the PIC Circular (Appendix II)

3. Secretariat initiates collection of information listed in part 2 of Annex IV

23

Slide 12

p Overview of severely hazardous pesticide formulations under the Rotterdam Convention NATIONAL ACTION GLOBAL COORDINATION S 1 Country Problems with a Proposal to E Verifies the proposal (DC or EIT) pesticide Convention C Informs world of formulation Secretariat R proposal (PIC Circular) under E conditions of T Collects additional use A information R Asks Chemical I Review Committee A whether chemical Z T should go on Convention list Chemical Z goes Agree DECISION on Convention list ANALYSIS COP Chemical Review Committee prepares Chemical Z stays Disagree draft ‘DGD’ off Convention list

Slide 13

q KEY POINTS

1. Mechanism for the identification of pesticide formulations causing problems under conditions of use and for their inclusion into the Convention

2. Facilitates the timely sharing of information on hazardous pesticide formulations

3. An incident report form has been developed to facilitate the submission of proposals by DNAs

24

SESSION 5: SEVERELY HAZARDOUS PESTICIDE FORMULATIONS

Presentation by Gamini Manuweera

Slide 1 Slide 2

Introduction

Using the SHPF • Brief over view of the SHPF based on country situation • Limitations of the Article 6 • Field situation in monitoring and management of health and environmental impact of pesticides Gamini Manuweera • Issues for consideration Sri Lanka

Slide 3 Slide 4

Brief over view of the SHPF Section II Part B

• Transmittal form (Part A) • Limitations of the definition in relation to – To be completed by the DNA field situations – Straightforward questions – severe health or environmental effects • Pesticide incident reporting form (Part B) observable within a short period of time after – Often completed by the field officers single or multiple exposure, under – Section II sets the limits conditions of use

Slide 5 Slide 6 Exposure Signs & Symptoms Section III of Part B Effects listed in Q 17 60 • Staggering 50 • Dizziness • Narrow pupils/Miosis e

c 40

• Headache n Mild Effects •Salivation ra Moderate to

• Blurred vision ccu

o 30 Severe Effects • Nausea/vomiting f o • Excessive sweating t

•Death rcen

e 20

• Hand tremor P •Other • Convulsion 10

0

r e s s s t a g s e h s g e n s a n it g a e s e e a in n th s n s s s o o s e Assessment of severe effects, especially when ch ted e y o ni ti a io o ug e s in m ps lid s ga in he ss ur a ey r m a e ne t e r si e e mp u pai it rr e iz us in e h e r a n sh n a vi r am a t g m n ad z d g t so y sk b b liv g Co a k e y no d T r ey a s ha z in re n h f m a in r a t c cr Na es rin Di u Se x Re I c Sw o in e nn re e g h h Vo io He E Di rn It rt Nu s rn ive r l in C ge c So o e Sk w s Ru u c ac g considered individually? Bu iv Bu le s Bl s ch a s c e u t con Sh s s M wi tom St e xc T S of xc Mu E E ss Potential to be subjective !! (if not a medial Lo professional)

25

Slide 7 Slide 8

Exposure problem Route of Exposure

• Exposure route of mouth in Q 18 as against under the condition of use according to the 60% definition-(Misuse!!!) 50% • Certain suicide related deaths are unique to the 40% formulations 30% • Easy accessibility of pesticides & effective case 20% management are the main causes for deaths 10% due to suicides using pesticides • Condition of use!!!! (Accessibility + formulation) 0% No effect mild moderate severe

Slide 9 Slide 10 The most popular methods of suicides Methods of suicides

Country Method, males Method, female

United States Fire arms (62%) Fire arms (38%) Method Male % Female % Total % United Kingdom Poisoning Hanging Pesticides 70.2 69.6 70.0 Oleander 9.6 19 11.8 Denmark Hanging Poisoning Hanging 13.4 3.8 11.3 Sweden Hanging Drowning Drowning 1.7 3.8 2.1 Setting fire 1 3.8 1.6 China Pesticides Pesticides Gun shot injury 1 0 0.8 India Pesticides Pesticides Chemicals 1.4 0 1.0 Sri Lanka Pesticides Pesticides Tablets .3 0 .3 Train 1.4 0 1.1 Courtesy: Proceedings of 2003 Collage of Psychiatry, Sri Lanka Courtesy: Proceedings of 2003 Collage of Psychiatry, Sri Lanka

Slide 11 Slide 12 Suicide by Employment Effect of Endosulfan banning

50 100 45 OP/carbamate

s endosulphan r 40 d 75 e e

r paraquat e s oy rm

35 r b others e pl m

Fa 50 e 30 m unkn/mixt/missing g Nu our a b t n 25 Une e La 25 r c ees r o y l 20 ct Pe 0 1998 2001

15 e Se er Emp . at d year v a vt 10 i Tr Pr Go 5

0 Courtesy: Proceedings of 2003 Collage of Psychiatry, Sri Lanka

Slide 13 Slide 14

• Could very high rate of Ongoing Special Programmes suicides with pesticides be a SEVERE acute • Paraquate poisoning/management issue! poisoning for PIC? • Possible high case fatality rates of some OPs’ • Annex IV Part 3 e: • Exposure surveillance Intentional misuse is not • Chronic Renal Failure and Pesticides in itself an adequate • Contamination of Major water bodies reason! • Effective management of pesticide poisoning

A serious threat to the safety of the community cases

26

Slide 15 Slide 16

General Issues Reporting of Incidences

Decision making Vs generation of supporting • Feedback system in developing countries are; technical data – Not efficient for this purpose

• Isolation of SEVERE acute occupational exposure – Not properly in place – Needs special skills at field level to properly identify incidences in complex social habits some of the signs and symptoms – Farmers are often exposed to more than one chemical – People often do not seek medical attention on – High probability of multiple exposure scenario such as occupational exposure occupational, environmental

27

SESSION 5: SEVERELY HAZARDOUS PESTICIDE FORMULATIONS

SUMMARY NOTES FOR BREAK OUT GROUPS

Introduction:

The obligations of countries and the process for the identification and review of severely hazardous pesticide formulations are contained in Article 6 while parts 1 and 2 of Annex IV detail respectively, the relevant supporting information required and the criteria considered in reviewing candidate formulations for inclusion in Annex III of the Convention. Those provisions were included in the Convention in recognition of the fact that there are some formulations that cause problems under the conditions of use in developing countries and countries with economies in transition that might not be banned or severely restricted in accordance with Article 5.

A country, experiencing problems with a hazardous pesticide formulation under the conditions of use in its territory, may submit a proposal to the Secretariat.

The Secretariat verifies whether the proposal contains the information requirements of part 1 of Annex IV and, where the proposals are found to contain that information, prepares a summary for inclusion in the PIC Circular (Appendix II). The Secretariat also initiates collection of additional supporting information.

The Chemical Review Committee (CRC) reviews the proposal and the additional information in the light of the criteria in part 3 of Annex IV, and makes a recommendation to the Conference of the Parties (COP) as to whether the formulation should be included in the Convention.

The Conference of the Parties (COP) makes the final decision whether to include the formulation in the Convention.

Key points:

1. The submission of a proposal for a severely hazardous pesticide formulation is one of the two mechanisms to identify candidate chemicals for inclusion in the Convention

2. The PIC Circular (Appendix II) facilitates the timely sharing of information among DNAs on pesticide formulations that have caused problems under the conditions of use in at least one country.

3. A two-part report form has been developed to facilitate the preparation and submission of proposals for candidate formulations by DNAs.

The process for submission of a proposal:

A developing country or country with economy in transition that is experiencing problems with severely hazardous pesticide formulations under the conditions of use in its territory can propose such formulations as candidates for inclusion in the Convention. The proposals must contain the information specified in part 1 of Annex IV and be officially submitted by the DNA of that country to the Secretariat. In preparing such proposals the DNA may draw upon technical expertise from any relevant source.

To facilitate the development and submission of such proposals, the severely hazardous pesticide formulation report form was developed. The form consists of two parts, Part A and Part B. Part A (Transmittal Form) is to be used by the DNA to transmit an incident report form to the Secretariat. Part B (Pesticide Incident Report Form) has been developed to meet the information requirements of the Convention, that is, a clear description of the incidents related to the use of the pesticide

28

formulation, including the adverse effects and the way in which it was used. If there are other forms/formats for collecting pesticide incident reports in use in a country, they may be used (in replacement of Part B) in preparing a submission and forwarding it through the DNA to the Secretariat using Part A of the form, provided that those submissions meet the information requirements of part 1 of Annex IV of the Convention.

On receiving a proposal the Secretariat verifies whether or not the information requirements of part 1 of Annex IV have indeed been met. Where the submitted proposal is verified as meeting the information requirements a draft summary is prepared by the Secretariat. The notifying country is informed that their proposal was complete and invited to review the draft summary. The summaries of the verified proposals are published in Appendix II of the PIC Circular within six months of their being received. At the same time the Secretariat initiates collection of the information listed in part 2 of Annex IV.

The proposal and the additional information collected by the Secretariat are forwarded to the CRC for consideration. The CRC reviews the submitted documentation in the light of the criteria set out in part 3 of Annex IV and makes a recommendation to the COP regarding inclusion of the specific formulation in the Convention. A positive recommendation is also the signal for drafting a Decision Guidance Document (DGD) for the formulation in question. The COP reviews the recommendation of the CRC and the draft DGD and makes a final decision regarding inclusion of the severely hazardous pesticide formulation in the Convention

29

SESSION 5: SEVERELY HAZARDOUS PESTICIDE FORMULATIONS

CASE STUDY

Your tasks:

1. Review a blank Severely Hazardous Pesticide Formulation Report form (SHPF-form) and the associated instructions.. 2. Study the information provided in this case study and, based on the information provided, complete an empty SHPF-form using the instructions provided. Where the case study does not provide sufficient detailed information required to fill out the form, the participant is invited to use his/her own experience based on the conditions of use in their country, to complete the form. 3. Review the summaries of the proposals that were published in Appendix II, Part A, of the PIC Circular (PIC Circular XIV). Based on your review of the information available to the Secretariat through the Severely Hazardous Pesticide Formulation Report form is there any further information that could be included in such summaries in future that would help designated national authorities to better understand the incident. 4. Review the already completed SHPF-form 5. Once this practical exercise has been completed the Group is to:

• discuss experience in identifying pesticide poisoning incidents • discuss their experience in collecting information on pesticide poisoning incidents • discuss the process of completing and submitting a Severely Hazardous Pesticide Formulation Report form as the basis for a proposal to the Secretariat • identify the problems and constraints encountered at the national level in following the process for submission of a proposal for severely hazardous pesticide formulation (collecting information completing the form and submitting to the Secretariat) • discuss how the summaries of verified incidents circulated as Annex II of the PIC Circular might be used by designated national authorities

To facilitate discussion and in the preparation of a summary by the break out group chairs and the moderator a set of guidance questions has been prepared.

Attached:

• Blank Severely Hazardous Pesticide Formulation Report (SHPF) form and instructions • Completed SHPF form verified to meet the information requirements of Part 1 of Annex IV (for information only) • Case study: Description of the incident related to the use of the severely hazardous pesticide formulation (conditions of use, description of epidemiological study, and label of pesticide formulation used in the example)

30

Case study: Description of incidents related to the use of a hazardous pesticide formulation

- The formulation is called: Hitox Ultra. - The product is available in the formulation as: Dustable Powder - The relative amount of each active ingredient in the formulation:. Maneb (15%), Isofenphos (10%), Carbofuran (20%) (concentration)

Common and recognized patterns of use of the formulation within the country:

• Dustable powder for seed treatment of peanuts to prevent damping-off; 100g of powder per 40kg of seeds to ensure protection until 50 days after sprouting. • The formulation is registered in the country and its use is authorized. • Uses allowed: Peanut seed treatment only. • Handling or applicator restrictions: There are no handling restrictions. • Quantity used: About 55,000 kg/year; used on the 6 or 7 regions where peanuts are cultivated.

Other information on how the formulation is commonly/typically used in the country:

The Ministry of Environment of country X together with a local Non-Governmental Organization (NGO) have reported the incidents. Their report provides additional information on the use patterns of the pesticide formulation: “Farmers peel peanuts before sowing. The whole household helps peeling peanuts, using hands and mouth. Peanuts may have been treated a few months ahead but in some occasions they may have been treated again shortly before peeling. Then sowing starts. Farmers use a sowing-machine to scatter peanut seeds on the ground. They proceed as follows: they put a certain amount of peanut seeds in the sowing machine. The sowing machine is pulled by traction animals and pushed on shifts by different persons involved in the job: generally young boys strong enough to handle the sowing-machine. Exposure occurs by inhalation as well as by contact when they fill the containers or mix the grains with the pesticide, as no protective measures (gloves or masks) are taken. People handling the powder are said to inhale much of the product when filling the seeding machine, depending on the direction of the wind. Sowing takes from 5 to 10 days, depending on the composition of the land to cultivate, and lasts from May to July.”

Description of incidents(s) related to the problem, including adverse effects and the way in which the formulation was used:

It appears that the incidents are most probably related to carbamate poisoning. Carbamates are being distributed together with the peanut seeds to farmers. The scheme of free distribution of seeds and pesticides was expanded, leading to an over-consumption of the products. This lead to an increased exposure of people handling the seeders, that is the young males, as well as a small proportion of women working in peanut fields. Furthermore, many of the new farm workers were not used to handle the toxic product, they may have over-estimated the quantity of pesticides necessary to fill-in the seeder. Unfortunately, the policy for distribution of the pesticide product is not accompanied by a good awareness raising programme for farm workers regarding the hazard posed by these products, and on the necessary precautionary measures associated with the use of pesticides, for instance washing the hands, wearing masks and gloves, applying pesticides against the wind.

A total of 20 incidents were reported by country X. The incidents occurred in September 2000 in several small villages.

Persons injured were male, aged 45.The incidents occurred when farmers treated peanut seeds. Protective clothing was not worn as it was not available. The product was for use in the field. No animals were treated. The product was applied manually in amounts of 4 bags of 100g for 40 kg of peanuts. Exposure to the pesticide occurred for about 1 hour during treatment of the seeds, and again for 3 to 4 days when sowing the treated seeds.

31

The pesticide was packaged in its original, properly labelled container, but the farmers were illiterate. The label reported that the pesticide is authorised for treatment of peanut seeds. The reported incidents are typical of the way in which the formulation is used. The incident occurred under hot and very humid climatic conditions.

Adverse effects: Dizziness, nausea, salivation, and vomiting, further reported were: headache, impairment of visual acuity, some severe cases: miosis, non-reactive pupils, dyspnoea, respiratory depression, convulsions,

32

LABEL OF PESTICIDE FORMULATION

HITOX T

Maneb 15% Isofenphos 10% Carbofuran 20% SHELLED PEANUT SEED TREATMENT

DOSAGE:

1 bag of 100g for - 25 kg oil peanuts - 40 kg mouth peanuts

PRECAUTIONS

HITOX is a toxic compound that requires the following precautions:

Store out of reach from children and animals. If you do not have gloves, wrap your hands in plastic bags prior to mixing. Avoid handling this product where there are open wounds or cuts on hands. Do not drink, or smoke or eat during application. Avoid to breath the dust during the mixing, apply with the back to the wind. Wash carefully all the tools that have been used for mixing. Never eat treated seeds even if they have been rinsed or if they are without skin

Net weight 100 g.

33

SESSION 5: SEVERELY HAZARDOUS PESTICIDE FORMULATIONS

OUTCOME OF BREAK OUT GROUP DISCUSSIONS

1. The provisions in the Convention regarding severely hazardous pesticide formulations and the process for the submission and review of a proposal are understood. However there are some problems experienced by some countries whereby the DNA does not have the mandate to submit proposals to the Secretariat regarding severely hazardous pesticide formulations.

2. The summary included in the PIC Circular provides sufficient information in understanding of the problem related to the pesticide formulation. However, additional information should be made available by the reporting DNA, upon request.

3. The summaries of proposals for severely hazardous pesticide formulations published in the PIC Circular could be used in decision making process if the use of the pesticide formulation in the proposal is relevant to the country.

4. Additional information such as alternatives (for example, treatment of peanut seeds) should be provided. In addition, maximum residue level and environmental impacts of the pesticide could be useful information if they are included in the proposal for a pesticide formulation causing problems under conditions of use in the country.

Clearer guidance should also be given to DNA in deciding when a proposal is to be submitted on severely hazardous pesticide formulation (recognising that such submission is voluntary)

5. The principal challenges in identifying and reporting pesticide poisoning incidents in your country and in preparing and submitting proposals as severely hazardous pesticide formulations under the PIC procedure are as follows:

• In some countries, there is a lack of a proper and reliable reporting system for capturing information on effects of severely hazardous pesticide formulation. Mechanism to report the incident from the occurring place to the local government, e.g. poison centres should be put in place. • In some countries, there is also the lack of poisoning centres to manage and record poisoning incidents. • Surveillance mechanism: several ways depending on the country. Government should be responsible in collecting poisoning symptoms in remote areas. • People applying pesticides should be trained on the proper usage. They should also be educated to be aware of the hazards of pesticides to human health. • To provide training to those who are supposed to compile reports of the incidents including medical professionals in toxicology. • To make the report form widely available to potential users • Threats that prevent truth of the incident to be revealed (e.g. from the companies that produce/ sell the pesticide) • Enhance the capability of the DNA in investigating poisoning incidents (address the lack of technical expertise and personnel resources) • Reliability of the documentation

34

SESSION 6: NOTIFICATION OF FINAL REGULATORY ACTION BANNED AND SEVERELY RESTRICTED CHEMICALS

Introduction by the Secretariat

Slide 1 Slide 2

Structure of Session 6 SESSION 6

• Introduction Notifictificatiotions of FiFinalnal ReRegulalatorryy Actiontion on • Presentation by a participant based on their BaBannednned oror SSeveverrelely Reeststrictedcted ChemiChemiccalals experience

• Practical work in breakout groups

Slide 3 Slide 4

Objectives of Session 6 Introduction

n Key provisions of the Convention 1) understand the provisions of the Convention and how the o The notification process including: notification process operates Key players role DNA and Secretariat 2) role of Appendix I of the PIC Circular as a source of Key documents notification form and PIC information on banned and severely restricted chemicals Circular p Overview of banned or severely restricted chemicals 3) understand the role of DNA, gain practical experience in under the Rotterdam Convention completing a notification of regulatory action form q Key points 4) provide feedback to the Secretariat on the clarity of the instructions for preparing and submitting notification

Slide 5 Slide 6

n Key provisions of the Convention Article 2 - Definitions:

• Article 2 – Definitions • Banned Chemicals Banned Chemical • Severely Restricted Chemicals means a chemical all uses of which within one or more • Final Regulatory Action categories have been prohibited by final regulatory action, in order to protect human health or the environment. It includes a • Article 5 – Procedures for banned or severely restricted chemical that has been refused approval for first-time use or chemicals has been withdrawn by industry either from the domestic • the responsibilities of countries market or from further consideration in the domestic approval • the process to be followed process and where there is clear evidence that such action has been taken in order to protect human health or the environment; • Annex I – Information Requirements for Notifications made pursuant to Article 5

35

Slide 7 Slide 8

Article 2 - Definitions Article 5 Procedures for banned or severely restricted chemicals Severely restricted chemical For new regulatory actions means a chemical virtually all uses of which within one or more categories have been prohibited by final • DNA is to inform the Secretariat within 90 days regulatory action in order to protect human health or the environment, but for which certain specific uses remain For existing national regulatory actions allowed. It includes a chemical that has, for virtually all use, been refused for approval or been withdrawn by • DNA is to inform the Secretariat when the industry either from the domestic market or from further Convention enters into force for that country consideration in the domestic approval process, and where there is clear evidence that such action has been taken in order to protect human health or the environment. - for those not submitted under the voluntary procedure

Slide 9 Slide 10

Article 5 Procedures for banned or severely Article 5 Procedures for banned or severely restricted chemicals restricted chemicals

For all final regulatory actions to ban or severely restrict • Secretariat verifies that the information a chemical requirements of Annex I have been met

• Summary is published in Appendix I of the PIC • Designated National Authority completes a Circular notification of final regulatory action form

- mirrors information requirements of Annex I - describes the national regulatory action

Slide 11 Slide 12

o The Notifictificatitionon Process

Annex I: Information Requirements Secretariat verifies the notification is complete

1. Properties, identification and uses Does it meet the requirements of Annex I of the Convention? 2. Final regulatory action a) Information specific to the final regulatory action • if yes, a verification letter is sent with a summary of each notification and a completed checklist b) Category/categories (pesticide or industrial chemical) • if no, a verification letter is sent with a checklist c) Relevance to other states and regions indicating where the notification is incomplete and d) Other relevant information detailed guidance of what is missing

Slide 13

o TThhe Notification ProcProceesss: Information exchange on Notifications

PIC CIRCULAR the following specific information on notifications is provided: Appendix I Synopsis of notifications of final regulatory actions received under the Interim PIC Procedure Part A Summary of complete notifications of final regulatory action Part B Information on incomplete Notifications of Final Regulatory Action

Appendix V List of notifications of final regulatory actions received by the Secretariat after 1998 meeting the requirements of Annex I

36

Slide 14

p Overview of banned or severely restricted chemicals under the Rotterdam Convention NATIONAL ACTION GLOBAL COORDINATION

1 Country S Verifies the notification Bans/severely Notifies E from Informs world of each restricts Convention C Region X country’s chemical Z Secretariat R bans/restrictions on E Chemical Z 1 Country T Bans/severely (PIC Circular) from restricts Notifies A Region Y chemical Z Convention R Asks Chemical Review Secretariat I Committee whether A chemical Z should go T on Convention list

Chemical Z goes Agree DECISION ANALYSIS on Convention list COP Chemical Review Committee Chemical Z stays prepares draft Disagree off Convention list ‘DGD’

Slide 15 Slide 16 q NOTIFICATION OF FINAL REGULATORY ACTIONS KEY POINTS Notifications received from the Region after 1998 1) Notification of final regulatory action is one of two mechanisms to identify candidate chemicals for the Convention One from Japan 2) Summaries of notifications are published in the PIC Circular Two from Malaysia • Source of information on chemicals banned/severely Twenty-eight from Thailand restricted in other countries • Countries importing chemicals that have been banned or severely restricted in an exporting country should receive export notifications from these countries

37

SESSION 6: NOTIFICATION OF FINAL REGULATORY ACTION BANNED AND SEVERELY RESTRICTED CHEMICALS

Presentation by Ms. Nursiah Aros

Slide 1 Slide 2

Part I: Properties, Notification to ban or Identification and Uses of severely restrict a chemical the chemical The Malaysian experience • 1.3 - Names of preparations : • folpet formulation? • 1.4.2 – Harmonized System customs • lindane code

5/20/2004 1 5/20/2004 2

Slide 3 Slide 4

Part II: Final Regulatory Part II: Final Regulatory Action … contd Action • 2.3 – Information on risk/hazard evaluation • (expected effects of regulatory action)?? • 2.4 – Reasons for the final regulatory action • 2.7.2 - Information on alternatives and their relative risks • 2.5.3 – Estimated quantity produced, imported etc

5/20/2004 3 5/20/2004 4

Slide 6 Slide 5

General Comments on General Comments on Notification Form Notification Form (contd) • Item 1.5 not mentioned in Annex 1 of • Rejection of a pesticide on first-time the Convention submission for registration

• References used for making the final • Cases of pesticides found to contain decision may be restricted government impurities of toxicological concern or documents exceeding allowable limits 5/20/2004 6

5/20/2004 5

38

Slide 7

General Comments on Notification Form (contd)

• Relevance of request for information on expected effects (other countries/regions)

• “Focused summary” on regulatory action

5/20/2004 7

39

SESSION 6: NOTIFICATION OF FINAL REGULATORY ACTION BANNED AND SEVERELY RESTRICTED CHEMICALS

SUMMARY NOTES FOR BREAK OUT GROUPS

Introduction:

The obligations of countries and the process for the notification of final regulatory actions by participating countries are contained in Article 5 while Annex I details the information requirements and Annex II the criteria that are to be considered in reviewing candidate chemicals for inclusion in Annex III of the Convention.

When a country takes a final regulatory action to ban or severely restrict a chemical in line with the definitions in Article 2, it is obliged to notify the Secretariat.

The Secretariat verifies whether the notification meets the information requirements of Annex I and, where the information requirements have been met, prepares a summary of the notification and publishes it in the PIC Circular (Appendix I).

Once there are two verified notifications for the same chemical from at least two PIC regions the notifications and the supporting documentation are submitted to the Chemical Review Committee (CRC) for consideration for inclusion in the Convention.

The CRC reviews this information in the light of the criteria set out in Annex II and makes a recommendation to the Conference of the Parties (COP) as to whether the chemical should be included in the Convention.

The COP makes the final decision whether to include a chemical in the Convention.

Key Points:

1. The submission of a notification of final regulatory action is one of the two mechanisms to identify candidate chemicals for inclusion in the Convention.

2. The PIC Circular (Appendix I) facilitates the timely sharing of information among DNAs on chemicals that have been banned or severely restricted in at least one country.

3. When the countries that have submitted the notifications of regulatory actions included in the PIC Circular export those chemicals in future, importing countries should receive export notifications (see session 8).

The process for submission of a notification:

When a country takes a final regulatory action to ban or severely restrict a chemical in line with the definitions in Article 2, it is obliged to notify the Secretariat. Where it is available the notifications should contain the information set out in Annex I.

To facilitate the preparation and submission of these notifications of final regulatory actions a detailed form and instructions have been developed. On receiving a completed notification of regulatory action form, the Secretariat verifies whether or not the information requirements of Annex I have been met. In doing this review the Secretariat completes a detailed checklist. Where the submitted notification is verified as meeting the information requirements a draft summary is prepared and the notifying country is informed that their notification was complete and invited to review the draft summary. The

40

summaries of the verified notifications are published in Appendix I of the PIC Circular within six months of their being received.

Where a notification is found not to meet the information requirements of Annex I, the Secretariat sends a letter to the Designated National Authority (DNA) of the submitting country along with a completed checklist detailing the missing information. The DNA is invited to submit the missing information in order that the notification might be verified as complete and a summary prepared for publication in the PIC Circular. A list of those chemicals for which submitted notifications were incomplete is also included in the PIC Circular (Appendix I).

Once the Secretariat has received two verified notifications for the same chemical from at least two PIC Regions it requests the notifying countries to submit the supporting documentation referenced in their notification. The notification and the supporting documentation are forwarded to the CRC for consideration. The CRC reviews the submitted documentation in the light of the criteria set out in Annex III and makes a recommendation to the COP regarding inclusion of the chemical in the Convention. A positive recommendation from the CRC is also the signal for drafting a Decision Guidance Document (DGD) for the chemical in question. The COP reviews the recommendation of the CRC and the draft DGD and makes a final decision regarding inclusion of the chemical in the Convention.

41

SESSION 6: NOTIFICATION OF FINAL REGULATORY ACTION BANNED AND SEVERELY RESTRICTED CHEMICALS

CASE STUDY

Your tasks:

1. The attached case study describes an example of a domestic regulatory action to ban a chemical. Review the case study and fill-out the notification form with the assistance of the instructions.

2. Review the summary of the notification included in Appendix 1 of the PIC Circular.

3. Once this practical exercise has been completed the Group is to:

• discuss the process of taking a national regulatory action • discuss the process of completing and submitting a notification of final regulatory action form • identify the problems and constraints in preparing and submitting notifications of final regulatory action • discuss the process of taking a national regulatory action and in using the instructions to complete the final regulatory action form • discuss how the summaries of verified notifications of regulatory actions circulated as Appendix 1of the PIC Circular might be used by designated national authorities

To facilitate discussion and in the preparation of a summary by the break out group chairs and the moderator, a set of guidance questions has been prepared.

Attached:

• Case Study - example of a domestic regulatory action • Notification of final regulatory action, form and instructions • Representative summary of the notification (see: Appendix 1, Part A and Part B of the PIC Circular XII, December 2000) • Guidance questions • See separate document: Dieldrin Pesticide Data Sheet

42

Case study

The following case relates to a regulatory action taken on a chemical: DIELDRIN, an organochlorine insecticide, posing problems for human health (bioaccumulation in the food chain and in the human tissues) and the environment (toxic to fish, crustaceans and many species of birds), especially under temperate climates. The pesticide was used for termite-control, ant-control, timber treatment and a few uses in agriculture.

The decision to ban the product in the country was taken on 1 January 1999 (Pesticide Law No. 01.01.99), and entered into force immediately. Dieldrin was used in the country reporting the regulatory action for vector control and ant control in coffee plantation. No use will be permitted after the regulatory action enters into force. Import, production for domestic uses, distribution and sale are also banned.

The reasons leading to the regulatory action are only related to the environment. The country where the regulatory action was taken is located in a sub-tropical area, where the degradation of dieldrin in the soil is slow (half-life of 5 years). Biomagnification is important (bioaccumulation in the food chain).

A long-term environmental study reported measurements over several months of the year on the quantity and quality of the fish captured in water bodies surrounding the coffee plantations where dieldrin is used. Over several years of surveillance of the samples captured, it appeared that the quantities of fish decreased substantially. Over-fishing was excluded because the species was protected. In order to determine the cause, an investigation was carried out. Comparison of samples of fish captured in that area with other areas showed a strong concentration of dieldrin in fish tissues. The end of the risk evaluation allowed establishing a link between the use of dieldrin in the coffee plantations and the adverse environmental effects in water bodies surrounding plantations. Analyses were made possible through co-operation with a neighbouring country having access to laboratory facilities.

Based on the results of the risk evaluation, a final regulatory action has been taken by the Pesticide Registration Board. As alternative chemicals were available in that country for ant-control in coffee plantation, all uses of the product were banned because the benefits of continued use were lower than the negative impact for the environment. The Designated National Authority, who is, in that country, part of the Pesticide Registration Board submitted a notification of final regulatory action to the Secretariat.

Your task:

Bearing in mind the information above, you are requested to go through the notification form to report on your national decision to ban or severely restrict this chemical. You can make use of the documentation available in the room, but you can also indicate which source of information your country would use in order to make a regulatory decision.

Documentation available:

1. Safety Data Sheet

43

SESSION 6: NOTIFICATION OF FINAL REGULATORY ACTION BANNED AND SEVERELY RESTRICTED CHEMICALS

OUTCOME OF BREAK OUT GROUP DISCUSSIONS

1. The groups understood the provisions in the Convention regarding the notification of final regulatory actions and the process for their submission and review. However, certain technical and human resource backstopping required.

2. The notification form and instructions are presented in a logical and understandable way.

3. Given the understanding of the information available as part of a notification of final regulatory action, the summary published in Appendix I of the PIC Circular adequately explains the basis of the regulatory action.

Key point for the final regulatory action should be captured such as impurity levels if it was based on impurity profile

4. What use, if any, did you make of the summaries of the verified notifications included in the PIC Circular?

• Check the status of that chemical, as it can serve as a starting point for any decision making with regard to chemicals • To circulate among relevant agencies, such as customs, pesticide industry, scientific institutions for their reference and necessary action, if any

5. Is there any additional information that you think would assist a DNA in the preparation and submission of a notification of final regulatory action that should be included in any guidance to DNAs?

• Guidance on evaluation of risk. Make sure that the DNAs are aware of the fact that they only have to fill in those information available, but not additional information generated for this purpose • Source of information – relevant websites addresses • Guidance in use of bridging information on risk evaluation for DNAs • A sample form to assist the DNAs in filling out the blank forms • Request countries to submit general comments.

6. Principle challenges in this region in the process of preparing and submitting notification of final regulatory action.

• Apprehension that your notification might not meet the desired requirements of the convention. Ensuring a notification leads to inclusion in PIC list of chemicals. • Lack of multi-sectoral coordination and effective dissemination of information, coordination between DNAs and among the relevant authorities. Lack of effective regulatory mechanism at a national level. Basis for the final regulatory action may not be purely the risk of the chemical but influenced by other factors than hazard assessment and risk assessment. How to use another country’s assessment? Validation of information generated elsewhere in the local conditions • Lack of human and financial resources to prepare and submit notifications. • Lack of information and data: source of CAS number, access to data and information from other sectors. Lack of translation of instructions and forms in other languages besides English, French and Spanish. Sample forms to serve as reference. Lack of proper documentation for all decisions. • Coming up with regulations. Prioritising the convention or chemical safety in the developing countries and ensuring continuity of activities and functions even with the change in political powers.

44

SESSION 7: DECISION GUIDANCE DOCUMENTS AND IMPORT RESPONSE

Introduction by the Secretariat

Slide 1 Slide 2

SESSION 7 Structure of Session 7

•Introduction Decision Guidance Document (DGD) and •Presentation by participant based on Importing Country Response (ICR) their experience

•Practical work in breakout groups

Slide 3 Slide 4

Objectives of Session 7 Inttroroduction

1. Key provisions of the Convention

1) understand the provisions of the Convention regarding import 2. The detailed process for submission of an decisions for chemicals subject to the Convention and the process for import response: their submission Key players role of DNA and Secretariat 2) understand the role of the PIC Circular as a means to inform exporting countries regarding import decisions Key documents import response form, DGD, and PIC Circular 3) understand the role of the DNA, gain practical experience in completing an import response form and using a DGD 3. Key points

4) provide feedback to the Secretariat on the clarity of the process for the preparation and submission of an import response

Slide 5 Slide 6 n Key provisions of the n Key provisions of the Convention Convention Apply to the chemicals included in the interim PIC Article 10 – Obligations in relation to imports of procedure chemicals included in the Convention • 23 pesticides • the responsibilities of countries • 6 severely hazardous pesticide • the process to be followed formulations • 9 industrial chemicals

45

Slide 7 Slide 8

Article 10 – Obligations in relation to imports Article 10 – Obligations in relation to imports of chemicals included in the Convention of chemicals included in the Convention

Responsibilities of countries: Responsibilities of countries:

•for each new chemical added to the PIC procedure, • if a Party modifies its import decision, the DNA must DNA is to submit an import response no later than 9 submit a revised response to the Secretariat months after the date of dispatch of the DGD DNA must ensure that all of the import decisions of •for each chemical in Annex III, DNA must submit participating countries are available to relevant import responses no later than the date of entry into authorities nationally force of the Convention e.g. customs officials, exporters and importers

Slide 9 Slide 10

Article 10 – Obligations in relation to imports Article 10 – Obligations in relation to imports of chemicals included in the Convention of chemicals included in the Convention

Import response shall consist of either: A final decision

• to consent to import • a final decision • not to consent to import • an interim response • to consent subject to specified conditions

Slide 11 Slide 12

Article 10 – Obligations in relation to imports Article 10 – Obligations in relation to imports of chemicals included in the Convention of chemicals included in the Convention

Responsibilities of countries: An interim response, may include: • response applies to the category or categories specified • an interim decision to import or not to import in Annex III/DGD • a statement that a final decision is under • response applies equally to all imports from any source consideration and to domestic production for domestic use • a request for further information/assistance

Slide 13 Slide 14 o Process for submission of an o Process for submission of an import response import response

1) Chemical is added to the Convention and a DGD has 4) Secretariat reviews the import response form to ensure been distributed that it has been properly completed 2) Each country must take a decision concerning future 5) Import decisions are published in Appendix IV of the PIC import of this chemical, based on the information in the Circular, grouped by chemical and countries: DGD • countries having provided an import response (interim 3) DNA must submit an import response, within 9 months or final, consent or no consent) after distribution of DGD, using the import response form • countries not having provided a response (failure list)

46

Slide 15

o Process for submission of an import response

NATIONAL ACTION

S Reviews that the relevant E Decision Distribution information concerning C the decision has been Guidance Country R to all DNAs provided Document E Takes an import decision T Replies to the country (interim or final), based A Informs world of on information provided R decision (PIC Circular) in the DGD I A T

PIC CIRCULAR, Appendix IV by chemical: - import response of countries - failure list: countries not having submitted a response

Slide 16 Slide 17 3. IMPORT RESPONSES 3. IMPORT RESPONSES KEY POINTS KEY POINTS

1. Inform other countries of national decisions regarding future imports of chemicals subject 3. Decisions to prohibit import apply equally to all exporters and to domestic production of the chemical to the Convention. for domestic use

4. Exports by a country that is not participating in the 2. Countries who have not submitted an import Rotterdam Convention can occur, so countries must decision may receive shipments of chemicals ensure that customs authorities are aware of the subject to the Convention import decisions taken

Slide18

Import Decisions on PIC Chemicals

47

SESSION 7: DECISION GUIDANCE DOCUMENT AND IMPORT RESPONSE

Presentation by Ms. Yong-Zhen Yang

Slide 1 Slide 2 WHY THE COUNTRY NEED TO MAKE IMPORT DECISION

HOW TO MAKE IMPORT • It is an obligation for the country in DECISION AND SUBMIT accordance with Article 10 of the PIC Convention. RESPONSE • Country is required to submit response to the YONG-ZHEN YANG Secretariat concerning the future import of the INSTITUTE FOR THE CONTROL OF chemical concerned no later than 9 month AGROCHEMICALS, MOA, P.R.OF CHINA after the date of dispatch of the DGD.

Slide 3 Slide 4 What should be included in Who make the import decision and response submit the response in country • A final decision • It is responsibility of the DNA to prepare and To consent to import ; sent the import decision to the Joint FAO/UNEP Not to consent to import; or Secretariat. To consent to import only subject • DNA should respond within 90 days on their decision concerning future import and use of the to specified conditions; or chemical listed in PIC Convention, by filling out • An interim response (consent, not consent, the “Importing Country Response” form after statement, request) receipt of the DGD from Secretariat.

Slide 5 Slide 6

How to make the import decision (1) How to make the import decision Fully utilize the information given by DGD • Fully utilize the information given by • Find “5W” from the DGD --What kind of chemical (or product) and uses be included in the PIC DGD procedure ? (identification, DGD 1. )

--Why the chemical (or product) and uses be included in the PIC procedure ? • Set up a fast communication channel (reasons, hazards and risk to human health and/or the environment, DGD among the stakeholders 2,4) --Which countries took the final regulation action? • Call a meeting to discuss and take (notifying countries, DGD 2.1, 4.1 )

decision --Whether have effective measures to reduce exposure? (protective measures ,DGD 3 )

--Whether have alternative products available? (alternatives, DGD 3.3)

48

Slide 7 Slide 8 How to make the import decision (2) How to make the import decision (3) Set up a fast communication Call a meeting to discuss and channel among the stakeholders take decision • DNA review and summarize the information after receipt the DGD; • Hold a meeting to discussion and make import decision based on the • DNA transmit the key information to the concerned departments as soon as --information given by DGD possible; --actual production and usage situation of own country (MOA, SEAP , Ministry of public health, Ministry of commerce, National Development and Reformation --national legislative or administrative Committee ); measures

Slide 9 Slide 10 How to submit the response Challenges in following the process of the Convention for import response (1) • Read “Instructions for Submission of Importing Country Response” before • Lack of legislation or administration basis to make import response for the specified filling in the form ; chemical listed in PIC; • Type the information into the form; (requires from Article 10.1, 10.6, 10.8) (explaining how to fill the specific section • The stakeholders can’t in agreement about of the form) import decision for a long time , Coordination • Return the completed form to the between the two DNAs exist for pesticides and industrial chemicals are needed to ensure Secretariat ; compatible and consistent approaches in taking final decision; (require from Article 10.3 )

Slide 11 Challenges in following the process of the Convention for import response(2)

• Risk assessment data given by DGD does not cover the domestic use , the country is difficult to estimate the risk and to take decision ;(require from Article 10.4)

• DNAs does not have powers to prohibit domestic production after taking a decision not to consent to import or to consent to its import only under specified conditions; (require from Article 10.9)

49

SESSION 7: DECISION GUIDANCE DOCUMENTS AND IMPORT RESPONSE

SUMMARY NOTES FOR BREAK OUT GROUPS

Introduction:

The obligations for countries and the process for the submission and dissemination of decisions regarding future imports of chemicals subject to the Convention are contained in Article 10. In order to assist countries in the decision-making process, a Decision Guidance Document (DGD) is available for each of the chemicals subject to the Convention.

When a country receives a DGD it is invited to review the document, make a decision regarding future imports of the chemical and forward that decision to the Secretariat.

The Secretariat prepares a comprehensive list of the import decisions for each country and publishes it every six months in the PIC Circular (Appendix IV). A list of those countries that have failed to submit import decisions for individual chemicals is also included.

When exporting a chemical subject to the Convention, exporting countries are to ensure that such exports are in line with the import decision of the importing country.

Key points:

1. The listing of import responses in the PIC Circular (Appendix IV) facilitates the timely sharing of information among DNAs of the decisions of countries regarding future imports of chemicals subject to the Convention. Participating countries are obliged to respect these import decisions.

2. Countries that have not submitted an import decision may receive shipments of chemicals subject to the Convention.

3. Decisions to prohibit imports apply equally to all exporters and domestic production of the chemical for domestic use.

4. Exports by a country that is not participating in the Convention can occur, so countries must ensure that customs authorities are aware of the import decisions taken.

The process for submission and review of import decisions

Once a chemical is included in the Convention a DGD is distributed to all designated national authorities (DNAs). The purpose of the DGD is to assist DNAs in making a decision regarding future import of the chemical. The DGD defines the chemical subject to the Convention, outlines the basis for the regulatory actions that were the reason for the chemical entering the Convention and identifies further sources of information concerning the chemical.

Upon receipt of a DGD the DNA is requested to inform the Secretariat of their decision regarding future import within nine months. If the decision is interim the DNA should give an estimate of the time needed to reach a final decision. The decisions may take one of three forms:

• CONSENT to import the chemical; • CONSENT to import under specific CONDITIONS (whereby these conditions are specified); or • NO CONSENT to import.

50

The decision may be either a final decision or an interim decision if the decision regarding future import is under active consideration. The decision must refer to the chemical as specified in the DGD e.g. industrial chemical, pesticide or severely hazardous pesticide formulation.

To facilitate the transmission of the import decisions to the Secretariat an import response form has been developed. For each of the chemicals subject to the Convention, a DNA is to complete and submit an importing country response form to the Secretariat. A revised import response form should be submitted if the import status of the chemical in the country changes.

Every six months the Secretariat publishes in Appendix IV of the PIC Circular a comprehensive list of the import decisions from each country for all of the chemicals subject to the Convention. A list of those countries that have failed to submit import decisions is also included

In taking an import decision it is important that there be appropriate consultation with others within and outside the government e.g. customs authorities, as the decision must apply equally to all sources of the chemical, including domestic production for domestic use. Similarly, it should also be noted that export of a chemical subject to the Convention from exporting countries that are not Party to the Rotterdam Convention might still take place, as those countries are not legally bound by the Convention.

51

SESSION 7: DECISION GUIDANCE DOCUMENT AND IMPORT RESPONSE

CASE STUDY

Your Tasks:

1. Review the Decision Guidance Document (DGD) and based on your knowledge on the status of the chemical in your country make a decision regarding future imports of the chemical for the purpose of the workshop.

2. Based on the import decision complete the Import Response Form using the instructions provided.

3. Identify those points in the form and instructions that need clarification

4. Review the list of import responses and the list of failure to provide a response in Appendices III and IV of the PIC Circular.

5. Once this practical exercise has been completed the group is to:

• discuss the process of taking a national import decision and how to involve the relevant ministries, agencies • discuss the process of completing and submitting an import response form • identify the problems and constraints in taking an import decision and in preparing and submitting an import response form • discuss how the information (import decisions) circulated as Appendix IV of the PIC Circular is used in the country and communicated to producers, exporters, importers, customs authorities and consumers

To facilitate discussion and the preparation of a summary by the break out group chairs and the moderator, a set of guidance questions has been prepared.

Attached:

• Blank import response form and instructions • See separate document: decision guidance document (monocrotophos) • See separate document: Appendices III and IV of PIC Circular • Guidance questions

52

SESSION 7: DECISION GUIDANCE DOCUMENT AND IMPORT RESPONSE

OUTCOME OF BREAK OUT GROUP DISCUSSIONS

1. The groups understood the provisions in the Convention regarding import decisions, the role of the DNA in importing and exporting countries and the process for submitting import responses.

2. The groups understood the role of the import decisions published in the PIC Circular as well as the role of the lists of failure to transmit an import response.

3. The import response form and the instructions to complete the form were presented in a logical and understandable way.

4. Two groups thought the import decisions and supplementary information published in Appendix IV of the PIC Circular are sufficient to ensure compliance with import decisions and one group did not.

• Some of the remarks should be more clearly specified about the conditions (e.g. General conditions apply) Other elements to be added are: • Contact addresses when permits are required

5. Describe the processes in place in your country to communicate import decisions (or PIC Circular Appendix IV) to producers, exporters, importers, customs authorities and consumers?

• For those who do not have a regulatory system in place, importers and the Custom Authority are notified • Regulate through the local pesticide registration system and the Industry is informed through training classes and regular meetings • Ideally circulate to relevant agencies but lapses in the system are prevalent in the developing countries due to inadequate inter-sectoral coordination. • Training seminars with the customs have been held • Department memos are circulated to traders • There is a system for communication between importers/exporters and relevant departments • Public awareness campaign • Publish the list of chemicals allowed to be imported

6. The information provided in the DGD is relatively sufficient in assisting the DNA to make a decision regarding future import of a chemical and in submitting import responses.

7. Please identify 2 or 3 principle challenges with regard to making an import decision and the preparation and submission of an import response form.

• In order to take a decision all stakeholders need to be involved (e.g. producers, users, consumers, various authorities concerning the activities). This is difficult if coordination is poor. • Required mandate/power/authority/system/networking for the relevant decision maker/DNA to implement the decision • Lack of awareness among authorities and implementers. • Difficult to control conditional consents as there would be misuse cases. • Inadequate administrative resources to make import decisions

53

SESSION 8: EXPORT NOTIFICATION

Introduction by the Secretariat

Slide 1 Slide 2

Structure of Session 8 SESSION 8

• Introductuctiion

Export Notification • PPreresesentationion by paparttiicipaipant basesed on their eexxperirienccee

• PraPraccttiicacal worwork in breakooutut grogrouupsps

Slide 3 Slide 4

Objectives of Session 8 Introduction

1. understand the export notification provisions of 1. Key provisions of the Convention the Convention

2. understand the role of the DNA and gain 2. The export notification process practical experience in reviewing completed • Key players - role of the DNA export notifications • Key documents 3. consider how they might be used as a source of information on banned or severely restricted chemicals 3. Key points

Slide 5 Slide 6 1. Key Provisions of the Article 12 – Export Notification Convention

ˆ Article 12 Export Notification KEY ELEMENTS

• the responsibilities of exporting and importing countries • the process to be followed • country bans or severely restricts a chemical, the DNA in the exporting country must notify the ˆ Annex V Information Requirements for DNA in the importing country when it exports Export Notification such chemicals

ˆ Article 13 Information to accompany • the DNA in the importing country is to exported chemicals acknowledge receipt of the notification

54

Slide 7 Slide 8 Annex V - Information Requirements Article 12 – Export Notification for Export Notification

KEY ELEMENTS KEY ELEMENTS • where there is no acknowledgement from the importing country within 30 days the DNA in the exporting country • name and address of the DNAs (exporting and importing must submit a second notification countries) and of the importer

• obligation ceases when the chemical is included in the • expected date of export Convention and the importing country has provided an import response which has been published in the PIC • name of the chemical(s), in the case of mixtures level or Circular concentration

Slide 9 Slide 10 Annex V - Information Article 13 – Information to Requirements for Export accompany exported chemicals Notification KEY ELEMENTS KEY ELEMENTS • the category of the chemical and use in the importing • subject to labelling requirements that ensure adequate country availability of information with regard to risks and/or • information on precautionary measures to reduce hazards to human health or the environment taking into exposure and emissions account relevant international standards • further information specified in Annex I as may be requested by the importing Party • for chemicals used for occupational purposes a safety data sheet that follows an internationally recognised • no standard format exists for export notifications format should be sent to each importer

Slide 11 Slide 12 Article 13 – Information to 2. The notificationtification prprocessocess accompany exported chemicals

KEY ELEMENTS 1. For exports of chemicals that are banned or severely restricted, notifications are to be sent to the DNA in the importing country • as far as practicable, the information on the label and on the safety data sheet, should be given in • prior to first export after the regulatory action one or more of the official languages of the is taken importing party • before the first export in any calendar year

Slide 13 3. The notnotificificattioion process

2. The DNA in the importing country is to acknowledge receipt of the notification

3. Where the exporting country does not receive an acknowledgement within 30 days it is to re- send the notification

55

Slide 14

EXPORT NOTIFICATION

NATIONAL ACTION Country A (exporting) Takes a regulatory action (ban/severe restriction) on chemical A

When country A exports chemical A, Export Country B it should send export Notification notification to (importing) importing country B: Annex V indicates the information requirements

If chemical A is on the PIC list, and if country B has already provided an import decision: obligation of export notification from country A stops!

Slide 15 Slide 16 3. EXPORT NOTIFICATION 3. EXPORT NOTIFICATION KEY POINTS KEY POINTS

1. Does not apply to all exporting countries as 3. Contains information about the recipient/importer and exports of the same chemical would not be the anticipated use of the chemical in the importing notified by: country • a country that has not banned or severely • can be a starting point to assess the risks from the restricted the chemical or chemical in the importing country which may in turn lead to a regulatory action • is not a Party to the Convention 4. It is not the purpose of an export notification to request a 2. Assist DNAs in monitoring imports of hazardous decision regarding the acceptability of individual chemicals entering their country shipments/imports of a chemical

56

SESSION 8: EXPORT NOTIFICATION

Presentation by Ms. Bettina Hitzfeld

Slide 1 Slide 3

Gained experiences with the Geographical distribution

export notification procedure 100 in Switzerland 80 60 40 20 8-12 March 2004, Beijing, China 0 ia a e st a ic p n a c As r ro a ic ifi Pietro Fontana Af r E er c Eu bbe a a ri a Am t P Ne h s C rt e + . No thw u o Am S tin La

Slide 2 Slide 4

Export Notifications from Switzerland Main Improvements in the content of an export notification in the PIC-Convention: Voluntary Code of Conduct for Exports of the SSCI (1994) 70 • Harmonized System Customs Code 60 50 • Foreseen use category (if known) 40 30 • Name , address of the importing company !!! 20 10 0 • Name, address of the exporting company 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003

Slide 1 Slide 2

Is an export notification for the export needed? Export of Dieldrin from The exporter in China must know: China to Panama • The national legislation in China with the list of banned or severely restricted chemicals (Dieldrin is a PIC-Chemical) • The list of chemicals in the Annex III of the PIC-Convention (= PIC Chemicals)

• The import decisions concerning the chemicals of the Annex III of the PIC-Convention (PIC Circular XVIII)

57

Slide 3 Slide 4 The exporter in China must further know: 1. Is Dieldrin banned or sr in China ?

National • The address of the Designated National . Legislation Yes . Autority (DNA) in China 2. Is Dieldrin a PIC Chemical ?

• The information requirements for the export . Annex III . notification that he has to deliver to his DNA Yes 3. What is the import decision of the importing country for Dieldrin ?

Import Decisions Not known

Conclusion: It needs an export notification!

Slide 5 Slide 6

1. Is Dieldrin banned or sr in China ?

National Legislation Export of Endrin from Yes Switzerland to China 2. Is Dieldrin a PIC Chemical ?

Annex III Yes (Endrin is a banned chemical in Switzerland) 3. What is the import decision of the importing country for Dieldrin ?

Import Decisions Known Conclusion: It needs compliance with the import . decision (no export notification)

Slide 7 Slide 8 Flow of Information in the case of an export of 1. Is Endrin banned or sr in Switzerland ? Endrin from Switzerland (CH) to China Banned Export DNA DNA National Year chemical Exporter destination CH China Legislation in CH Yes 2004 Endrin China A (March) 2004 Endrin China A 2. Is Endrin a PIC Chemical ? (May) 2004 Endrin China B (July) Annex III 2005 No Endrin China B (May) 2005 Endrin China A 3. What is the import decision of the (June)

importing country for Endrin ?

Information from exporters to the DNA Import --- of the exporting country (CH) : Decisions

Export Notification from the DNA of CH

to the DNA of the imp orting country: Conclusion: It needs an export notification! Confirmation of receipt from the DNA of China :

58

SESSION 8: EXPORT NOTIFICATION

SUMMARY NOTES FOR BREAK OUT GROUPS

Introduction:

The obligations for countries and the process for export notifications are contained in Article 12 while Annex V lists the information that should be included with an export notification. The export notification obligations are also related to Article 13 Information to accompany exported chemicals and Article 5 Procedures for banned and severely restricted chemicals.

A country that has banned or severely restricted a chemical in line with the definitions in Article 2, must, prior to the first export after the adoption of this regulatory action, and before the first export in any calendar year notify the designated national authority (DNA) of the importing party that it is shipping the chemical to that country. The obligation to provide an export notification ceases once a chemical has been listed in Annex III and the DNA of the importing country has provided an import response to the Secretariat that has been published in the PIC Circular (Appendix IV).

Export Notifications are an important source of information to governments of importing countries regarding the trade of chemicals banned and severely restricted in a given exporting country.

Key points:

1. The export notification serves as a reminder to DNAs that chemicals that have been banned or severely restricted in certain exporting countries and for which summaries have been included in the PIC Circular (Appendix I), may be used in their country.

2. The export notification contains information about the recipient/importer and the anticipated use of the chemical in the importing country. It can be a starting point to assess the risks from the chemical in the importing country, which may in turn lead to a regulatory action.

3. Exports of the same chemical by a country that has not banned or severely restricted the chemical or is not a party to the Convention would not be notified.

The process for sending out an export:

When a country takes a regulatory action to ban or severely restrict a chemical in line with the definitions of the Convention it is also to provide export notifications to importing countries prior to the first shipment after the adoption of the regulatory action and then before the first export in any calendar year. When taking such actions a country is also obliged under Article 5 to submit a notification of final regulatory action to the Secretariat. Where the information requirements of Annex 1 have been met then a summary of the notification is published in the PIC Circular (Appendix I). The chemicals for which submitted notifications do not meet the information requirements of Annex 1 are also listed in the PIC Circular (Appendix I).

Where a country adopts a further regulatory action that results in a major change concerning the ban or severe restriction of a given chemical the export notification must then be updated.

The importing country is to acknowledge receipt of the first export notification. Where a response is not provided within 30 days then the exporter is to send the export notification a second time.

59

There is no standard format for an export notification however the key information elements that are to be included are listed in Annex V Information requirements for export notification and include:

• reasons for the regulatory action; • risk of the chemical; • precautionary measures to reduce exposure; • the name and address of the importer; and • the expected date of export.

60

SESSION 8: EXPORT NOTIFICATION

CASE STUDY

Slide 1 Slide 2

The work in the break out groups

1. Understand the information contained in an E N

Export Notification for Endrin 2. Answer the following questions: What is the scope of E N ?

Case study How the information contained in an E N can be used ?

Pietro Fontana What are your follow – up actions ?

3. Prepare a summary of the discussion in the group including the problems identified

Slide 3 Slide 4

1. Identity of the substance to be exported: Chemical compounds can be described in many different ways • systematic names (IUPAC, ... ) (a) name in nomenclature of the International Union of Pure and Applied Chemistry (IUPAC) • generic names • property or trade names 1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a- octahydro-1,4:5,8- dimethanonaphthalene • trivial names • abbreviations (b) other names (usual names, trade names, and abbreviations) The CAS Registry Number is a numeric identifyer and Endrin provides a reliable common link between the various nomenclature terms to describe a substance (c) CAS Number 72-20-8

Slide 5 Slide 6

Standard calculation of the check digit CAS Registry Number: 72-20-8 72-20-8 • Is a numeric identifier for Endrin

• Designates only one substance 1 * 0 = 0 • Contains up to 9 digits and is divided by 2 * 2 = 4 2 hyphens into 3 parts 3 * 2 = 6 4 * 7 = 28 72 - 19 - 5 Last substance in the registry 0 + 4 + 6 + 28 = 38 72 - 20 - 8 Next available number = Endrin Serial number To verify by computer the validity of the entire number Check digit to verify the validity of the CAS number

61

Slide 7 Slide 8

PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES IN THE HARMONIZED SYSTEM CUSTOMS CODES (Chapter 28 – 39) (d) Harmonized System Customs Code

Chapter 29 2910.90 ORGANIC CHEMICALS

All goods can be classified according to the HS system. The World Customs Organisation has Chapter 38 defined for them 6 mandatory digits MISCELLANEOUS CHEMICAL PRODUCTS

Slide 9 Slide 10 HS Code: 2910.90

2910 Epoxides, epoxyalcohols, epoxyphenols and epoxyethers, with a three-membered ring, and their halogenated, sulphonated, nitrated or nitrosated derivatives

- 2910 10 - Oxirane (ethylene oxide)

- 2910 20 - Methyloxirane (propylene oxide)

- 2910 30 - 1-Chloro-2,3-epoxypropane (epichlorohydrin)

- 2910 90 - Other

Slide 11 Slide 12

Harmonized System Code Proposal for the PIC Convention: (World Customs Organisation) 29.10 3808 Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth Epoxides, epoxyalcohols, epoxyphenols and epoxyethers, regulators, disinfectants and similar products, put up in forms or packings for retail sale or as with a three-membered ring, and their halogenated, preparations or articles (for example, sulphur- sulphonated, nitrated or nitrosated derivatives. treated bands, wicks and candles, and fly-papers) 2910.40 Dieldrin - 3808.10 - Insecticides - - 3808 10 10 - - Based on pyrethroids - - 3808 10 20 - - Based on chlorinated hydrocarbons - - 3808 10 30 - - Based on carbamates 3808.10 Insecticides - - 3808 10 40 - - Based on organophosphorus compounds - - 3808 10 90 - - Other 3808.11 - 3808 20 - Fungicides Containing Aldrin, Chlordane, Chlordimeform, Chlorobenzilate, DDT, Dieldrin, 1,2-Dibromoethane (EDB), - 3808 30 - Herbicides, anti-sprouting products HCH (mixed isomers), Heptachlor, Hexachlorobenzene, and plant-growth regulators Lindane, Pentachlorophenol

- 3808 40 - Disinfectants

- 3808 90 - Other

Slide 13 Slide 14

Endrin is classified as very toxic substance . Information on precautions to be taken, including category of danger and risk and safety advice.

Classification:

T + ; Risk phrase: 28

T ; Risk phrase: 24

very toxic (T+) N ; Risk phrases: 50-53

Safety phrases: S1/2; S22; S36/37; S45; S60; S61

62

Slide 15 Slide 16

Criteria for the classification of Endrin Endrin is classified as dangerous for the environment

l • Acute toxicity results:

LD50 oral, rat ≤ 25 mg/kg

Risk phrase:

Very toxic if swallowed (T+; R 28) Environmentally dangerous (N) substance Acute toxicity results: N; R50-53

LD dermal, rat or rabbit: 50 < LD ≤ 400 mg/kg 50 50 Very toxic to aquatic organisms (R50)

and Risk phrase: May cause long-term adverse effects in the aquatic Toxic in contact with skin (T; R 24) environment (R53)

Slide 17

Safety advice phrases for Endrin

• Keep locked up and out of reach of the children (S1/2) • Do not breathe dust (S22) • Wear suitable protective clothing and gloves (S36/37) • In case of accident or if you feel unwell, seek medical advice immediately (show the label where possible) (S45)

• This material and its container must be disposed of as hazardous waste (S60) • Avoid release to the environment. Refer to special instructions/Safety data sheets (S61)

63

SESSION 8: EXPORT NOTIFICATIONS

OUTCOME OF BREAK OUT GROUP DISCUSSIONS

1. Do you understand the provisions in the Convention regarding export notifications, and the role of the DNA in importing and exporting countries? Do you understand the process of export notification?

❑ Yes √

2. Have you received export notifications?

❑ Yes √ ❑ No, √

It is possible that in some cases the export notification might have been sent to the wrong agency, therefore such information will be missed (wrong statistics).

3. What follow-up action would you take/ have you taken at the national level upon receipt of an export notification? Explain what you usually do e.g. who is informed of the shipment, do you follow- up on where and how the chemical is used?

Firstly ensure that the chemical is allowed e.g. registered (if pesticide) in the country. If not allowed/registered, the potential exporter is told that the proposed shipment is not allowed to come in.

If the chemical is allowed/registered in the country, acknowledge receipt of the notification. Consequently, for some countries the notification is forwarded to the appropriate authority/section, or filed for further reference. Thus for all countries there is usually a system already in place although the system may be very minimal for some. check the licensing status of the importer, inform the customs authority on the import

Sharing with other agencies, e.g. customs, helps implement national regulatory action, tracking of quantity, use and misuse of products, etc.

4. Would you consider to review the chemical in more detail? Would you consider to contact the DNA in the exporting country with a request to provide more information on the reasons for the ban of the substance?

Yes.

The chemical will probably be considered for review however the time frame for each country will depend on the urgency of the situation a. Under 3(a) - desirable to include the point of entry for the first shipment (not Annex I) b. Under 2(b) - more specific information (e.g. formulation and concentration) would be desirable c. Under 4 – add the contact person / position title of the head of the agency of the DNA when available d. Parties are encouraged to update the Secretariat of the latest contact details of DNA e. Under 5 – DNA should quote the classification / code (possibly international guidelines) that they are referring to f. Under 6 – the exporting DNA is recommended to define the criteria and details of “ban” and “severe restriction”, and the reasons of the regulatory action.

64

5. Is there any additional information that you think would assist the DNA in making use of an export notification and that should be included in any guidance to DNAs on the process of export notification?

DNAs could request the exporting/importing company for its estimated total quantity of chemical export/import for the year, in order to be able to gauge the significance of the chemical and whether any special follow-up is required

We strongly recommend the Conference of the Parties to consider preparing a standard form of Export Notification for the DNAs

YES, concern expressed about pre-shipment information about hazardous chemicals not sufficient, and not reaching importing DNA on time

65

SESSION 10: OPPORTUNITIES FOR REGIONAL COOPERATION Existing mechanisms of regional cooperation

Presentation by Jinhui Li

Slide 1 Slide 2

The Asia-Pacific Regional Center for Hazardous Waste Management Training & Technology Transfer (BCRC China) Core Functions of the Basel Convention

Dr. Li Jinhui Regional Centres Administrative Director of BCRC China Associate Professor of Tsinghua University, China Tel: 86 10 62794351; Fax: 86 10 62772048 [email protected]; [email protected]

Slide 3 Slide 4

The explanations of the core functions of the Centres are The role of the Centres is to assist developing countries as follows: and countries with economies in transition, within their (a) Developing and conducting training programmes, own region, through capacity-building for workshops, seminars and associated projects in the field environmentally sound management, to achieve the of the environmentally sound management of hazardous fulfilment of the objectives of the Convention. wastes, transfer of environmentally sound technology and The description of the core functions of the Centres is as minimization of the generation of hazardous wastes, with follows: specific emphasis on training of trainers and the 1. Training; promotion of ratification and implementation of the 2. Technology transfer; Convention and its instruments; 3. Information; (b) Identifying, developing and strengthening 4. Consulting; mechanisms for the transfer of technology in the field of 5. Awareness-raising. environmentally sound management of hazardous wastes or their minimization in the region;

Slide 5 Slide 6

(f) Organizing meetings, symposiums and missions in the field, useful for carrying out these objectives in the (c) Gathering, assessing and disseminating region; information in the field of hazardous wastes and other (g) Providing assistance and advice to the Parties and wastes to Parties of the region and to the secretariat; non-parties of the region at their request, on matters (d) Collecting information on new or proven relevant to the environmentally sound management or environmentally sound technologies and know-how minimization of hazardous wastes, the implementation of relating to environmentally sound management and the provisions of the Basel Convention and other related minimization of the generation of hazardous wastes and matters; other wastes and disseminating these to Parties of the (h) Promoting public awareness; region at their request; (i) Encouraging the best approaches, practices and (e) Establishing and maintaining regular exchange of methodologies for environmentally sound management information relevant to the provisions of the Basel and minimization of the generation of hazardous wastes Convention, and networking at the national and regional and other wastes, for example, through case studies and levels; pilot projects;

66

Slide 7 Slide 8

(j) Cooperating with the United Nations and its bodies, in particular the United Nations Environment Programme and the specialized agencies, and with other (l) Cooperating in mobilization of human, financial relevant intergovernmental organizations, industry and and material means in order to meet the urgent needs at non-governmental organizations, and, where appropriate, the request of the Party(ies) of the region faced with with any other institution, in order to coordinate activities incidents or accidents which cannot be solved with the and develop and implement joint projects related to the means of the individual Party(ies) concerned; provisions of the Basel Convention and develop synergies (m) Performing any other functions assigned to it by where appropriate with other multilateral environmental the decisions of the Conference of the Parties of the Basel agreements; Convention or by Parties of the region consistent with (k) Developing, within the general financial strategy such decisions. approved by the Parties, the Centres' own strategy for financial sustainability;

Slide 9 Slide 10

The COP3 to the Basel Convention officially selected China Important Events to establish a regional center for hazardous waste management in the Asia-Pacific region in September 1995. For BCRC China

Slide 11 Slide 12

The Asia-Pacific Meeting on Establishing Regional Centers NEPA(National Environmental Protection Agency of China) for Training and Technology Transfer for Environmentally established National Training and Technology Transfer Sound Management of Hazardous Waste held in July 1996. Center for Hazardous Waste Management and Disposal of The workshop think it is feasible to establish regional center China (NTTTC) in March, 1993, in Tsinghua University, in Beijing aiming at accumulating experiences on the operation of regional center

Slide 13 Slide 14

BCRC China was established on 11-13 November, 1997 Current Institutional The First Meeting of the Board of Directors for Asia-Pacific Framework Regional Center for Hazardous Waste Management Training And Technology Transfer (BCRC China) which marks the beginning of operation for APCHW was held.

67

Slide 15 Slide 16

Supervise. Secretariats of Basel Convention Institute of Admin. Department of Environmental Science Cleaner production Environmental Supervision and Engineering, Chemicals Sciences, Tsinghua State Environmental Tsinghua University University Tsinghua University Protection Administration of BCRC China Operation Support China Institute of Solid Waste ASIA-PACIFIC REGIONAL CENTER Pollution Control of the POPs Research FOR HAZARDOUS WASTE MANAGEMENT Center of Tsinghua TRAINING & TECHNOLOGY TRANSFER Department of (BEIJING) Environmental Sciences, Waste POPs University BCRC China Tsinghua University

Slide 17 Slide 18

Consultant Programs

Research on import and export management system of wastes, 2003-2004. SEPA project Cleaner solid waste management in China. UNIDO, SEPA Previous Activities of (BCRC China) project, 2002-2005 BCRC China National Technological Policy on the Pollution Prevention and Control of Hazardous Wastes, 2000-2001, SEPA Guideline on Operation Capability Assessment of Hazardous Wastes, 2000-2001, SEPA

Slide 19 Slide 20

China National Strategic Plan on Hazardous Waste China National Management Countermeasure for MSW, Management, World Bank Project Conducted by BCRC 1998-1999 China and Denmark COWI, 1998-1999; China National Management Countermeasure for Waste National Act Plan on Hazardous Waste Management, the Batteries, 1998-1999 State Key Project 1998-2000. Rules for the Implementation of the Law of the People’s Republic of China on the Prevention and Control of Regional Decision-making Support System on Hazardous Hazardous Waste Pollution to the Environment, 1998-1999 . Waste Management, the State Key Project 1998-2000.

Slide 21 Slide 22

Training Programs Training Programs

Regional workshop by Organizing: Regional workshop by Organizing: The Second Asia-Pacific Regional Training workshop for Hazardous Waste Management and Practice, Nov. 8-12, 1999, The First Asia-Pacific BCRC, Beijing, China Regional Training Workshop for Hazardous Waste The Third Asia-Pacific Regional Training workshop for Management and Practice, Hazardous Waste Management in Mining Industry, Sept. 4-8, March 8-12, 1999, BCRC, 2000, BCRC, Beijing, China Beijing, China

68

Slide 23 Slide 24

Regional workshop by Organizing: Regional workshop by taking part in (by Providing Resource The Asia-Pacific Scoping Workshop on ESM of Electronic person): Wastes Nov 19-22, 2002, BCRC, Beijing, China The Training Workshop on Hazardous Waste Management , 1999, Sri Lanka The Training Workshop on Hazardous Waste Management for First Northeast Asian Sub-regional Workshop towards the effective the Implementation of Basel Convention, 2000, Jakarta implementation of the Chemicals and Hazardous Wastes Conventions , Beijing, April 15-17, 2002, SEPA the Custom Official Workshop on Hazardous Waste (With SEPA and Hong Kong EPB) , Dec. 8-12, 2002.

Slide 25 Slide 26

National workshop by Organizing Workshop for China National Strategic Plan on Hazardous Waste Management. Beijing, China, September 21-27, 1999. The Workshop for China National Management Counter- measure on Waste Batteries, October, 21, 1999 The First National Training Workshop on Solid Waste On-going Focus Activities of BCRC Management, Beijing, April 11-15, 2001 China The Second National Training Workshop on Solid Waste Management, Shenyang, October 19-22, 2001 The National Training Workshop on Hazardous Waste Management, Beijing, Nov 29-Dec. 2, 2002 The National Training Workshop on Waste import and export Management, Qingdao, Sept. 23-25, 2003

Slide 27 Slide 28 E-waste Project Surveying Items E-waste project Selection of the five participating ¾ Waste PCs • CPU unit of desktop countries • Notebook PC •LCD • CRT • LCD PC unit • CRT PC unit • Others (if possible): Printers, Scanners, PDAs, Tablet • Countries to response to take part in the PCs, Storage devices (DVD, CD and other devices), project includes: Malaysia, Thailand, Kyrgyz Batteries, Mice, Keyboards, Cables, others. Republic, Sri Lanka and China, Cambodia. ¾ Waste TV sets •LCD • CRT • LCD unit with other device(s) (Video devise, DVD player, satellite broadcasting, others) • CRT unit with other device(s) (Video device, DVD player, satellite broadcasting, others) • Others (if possible): Video devices, DVD players, Satellite broadcasting systems, Cables, Remote controls, others

Slide 29 Slide 30

E-waste Project Other Essential Information for Surveying

• Laws, regulations and ministerial ordinances concerned New partnership with local authorities for • Current and historical issues of waste computers and TV sets (pollution, import, export, illegal dumping, illegal transboundary the environmentally sound movements, markets, second-hand markets, others) management of hazardous and other • Guidelines concerned (recycling, reusing, disposal, collection, produces of environmentally sound products, life-cycle wastes in urban areas assessments, import, export, others) • Information of transboundary movements of waste computers and TV sets ------Municipality project • Other information concerned Outputs

69

Slide 31 Slide 32

Municipality project Basese ooff fofourur industindustryry Outputs

SSectorsectors • Development of three decision supportive tools based on successful stories addressing several aspects of hazardous waste and other waste management in urban areas in Asia and the Pacific HousHouseholold ApplAppliiancance • One bilateral city-to-city collaboration project, between the city of Qingdao and the city in a developed country on the issue of the environmentally sound management of urban hazardous and other wastes. VeVehichiclles aandnd sshipip Manufaaccttuuriinngg • One local non-governmental type of alliance (type 2) signed involving the private sector, or other non-governmental partner in the field of hazardous and other waste Petrolleueum Processssiing management in urban areas • Local mechanism set up for the environmentally sound management of electronic New mateteriiaallss wastes in one municipality. A public private owned management mechanism for the environmentally sound management of municipal hazardous wastes such as e- wastes. • The decision supportive tools, training materials, distributed and presented to a number of cities through the CIFAL Network and all world and regional affiliated associations of local authorities, as well as to parties to the Basel Convention through the Basel Convention Regional Centres.

Slide 33

Information System

• An information System on Basel Convention and Hazardous Wastes Management Asia-Pacific Region is in developing.

• Http://www.bcrc.cn

70

SESSION 10: OPPORTUNITIES FOR REGIONAL COOPERATION Existing mechanisms of regional cooperation

Presentation by Mr. Halimi Mahmud

Slide 1 Slide 2

Topics

• Regional collaborative works in pesticides PESTICIDE REGULATORY management AUTHORITIES • ASEAN initiative towards pesticide NETWORKING regulatory harmonization ARRANGEMENT IN ASEAN • FAO Technical Cooperation Program

Slide 3 Slide 4

ASEAN In Brief

• Association of Southeast Asian Nations (ASEAN)

• Ten members (Brunei D.S., Cambodia, Indonesia, Loa D.P.R., Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam) Regional Collaborative

• AFTA (Asean Free Trade Area) Works in Pesticides

• Population : 500 million people Management

• Economy : Mainly agriculture and related activities

• Pesticides : Largely imported

• Pesticides Control System: Varies between countries

Slide 5 Slide 6

Regional collaborative works in Regional collaborative works in pesticides management pesticides management • Expert Working Group on the Harmonization of • Expert Working Group on the Maximum Residue Limits (MRLs) among ASEAN Harmonization of Maximum Residue countries Limits (MRLs) among ASEAN countries ACHIEVEMENTS

OBJECTIVE • Endorsement of 369 MRLs for 28 pesticides

• 24 pesticides are been considered for MRLs • To facilitate intra and extra ASEAN trade in harmonization agricultural commodities • Collaborate in generating residue data

• To protect consumer health • Training workshop in residue data evaluation/risk assessment

71

Slide 7 Slide 8

Regional collaborative works in Regional collaborative works in pesticides management pesticides management • Network for Pesticide Regulatory • Network for Pesticide Regulatory Authorities in ASEAN. Authorities in ASEAN.

Objective Achievements – To provide platform for sharing of information on pesticides among regulatory authorities in ASEAN – Limited progress due to various constraints e.g. financial, personnel – Development of WEBSITE

Slide 9 Slide 10

ASEAN Initiative Towards Pesticide Regulatory Harmonization • First Workshop (January 2002, Bangkok, ASEAN Initiative Towards Thailand) Pesticide Regulatory – To assess the desire and needs for harmonization of the pesticide regulatory process Harmonization among the participating countries.

– Regulators from 7 ASEAN expressed interest in working towards achieving pesticide regulatory harmonization.

– Recommended that FAO facilitate the implementation through FAO-TCP.

Slide 11 Slide 12

ASEAN Initiative Towards Pesticide ASEAN Initiative Towards Pesticide Regulatory Harmonization Regulatory Harmonization

First Workshop (Recommendations) First Workshop (Recommendations)

nd • Five priorities identified • Areas for consideration at 2 Meeting ƒ Risk assessment procedures ƒ Standard protocol for report of assessment ƒ Format of submissions ( CLA/FAO) ƒ Registration term ƒ Data requirements. ( Malaysia/Singapore) ƒ Types of registration ƒ Bio Pesticide Regulation ( Philippines/Indonesia/Vietnam ) ƒ Information exchange ƒ Labelling improvement. ( Thailand /Cambodia) ƒ Proprietary Rights ( FAO/CLA/Philippines/Malaysia/Thailand)

Slide 13 Slide 14

ASEAN Initiative Towards Pesticide ASEAN Initiative Towards Pesticide Regulatory Harmonization Regulatory Harmonization • Second Workshop • Second Workshop (August 2003, Kuala Lumpur, (Conclusions & Recommendations) Malaysia) – Considered the proposals made by various task – To report the follow-up activities of the 1st groups as identified in the 1st workshop workshop – Proposals by the task groups would form the – To consider the FAO TCP and its implementation basis for the FAO TCP components. plan – Recommended that ASEAN Secretariat – To propose modalities for sustainability of the representative be involved in the project to harmonization ensure sustainability of the harmonization efforts.

72

Slide 15 Slide 16

Background & Justification FAO Technical Cooperation Present status of pesticide control among countries in the region Programme – legislations in place to regulate pesticides but many are facing various problems in their implementation.

(Assisting ASEAN Countries Towards Some problems encountered in pesticide control Achieving Pesticide Regulatory – Lack of Harmonization) • resources such as trained manpower, • quality control facilities and • information exchange – Smuggling of unregistered pesticides and dumping of pesticides.

Slide 17 Slide 18

Background & Justification Project Components

1. Harmonization of registration requirements; • Information exchange important for the implementation of a number international conventions on pesticides. 2. Harmonization of biopesticide registration requirements; • Other regional efforts in harmonization 3. Harmonization of pesticide labelling; 4. Training in risk assessment;

• The OECD Pesticide Forum; 5. Training in pesticide formulation analysis; • NAFTA Technical Working Group on Pesticide; 6. Training in pesticide residue analysis; • The European Union; and 7. Bioefficacy test protocols; • The South American Countries in MERCOSUR. 8. Information exchange;

Slide 19 Slide 20

Project Outputs Project Outputs

1. A set of guidelines and the modality 3. Review of existing FAO bioefficacy test developed for implementation: protocols & new bioefficacy protocols developed for use. Registration requirements 4. System of information exchange among Registration requirements for biopesticide regulatory authorities using the internet Labelling requirements -WEBSITE

Slide 21 Slide 22 TCP Implementation Status

Project Outputs 5. Pesticide regulatory personnel trained • Two countries have submitted request to in: DG of FAO - minimum 3 countries

‰ Pesticide registration data evaluation • Duration of project is 24 months ‰ Risk assessment ‰ Pesticide residue analysis ‰ Pesticide formulation analysis

73

SESSION 10: OPPORTUNITIES FOR REGIONAL COOPERATION Existing mechanisms of regional cooperation

Presentation by Ms. Wendy Yap

Slide 1 Slide 2

Presentation Outline

• ASEAN Policy Framework for ASEAN Cooperation: Cooperation Exploring Opportunities for Implementing the Rotterdam • Opportunities for Collaboration:  ASEAN Food, Agriculture and Convention Forestry Cooperation  ASEAN Customs Cooperation  ASEAN Environment Cooperation

Slide 3 Slide 4 The Association of ASEAN Policy Framework Southeast Asian for Cooperation Nations (ASEAN) – “a concert of Southeast Asia nations, outward  ASEAN Vision 2020 (Dec. 1997) looking, living in peace,  Hanoi Plan of Action (Dec. 1998) stability and prosperity, bonded together in  Bali Concord II partnership in dynamic development and in a  Vientiane Plan of Action community of caring societies”. (ASEAN Vision 2020)

Slide 5 Slide 6 The Hanoi Plan of Action “ … a clean and green (1999 – 2004) ASEAN with fully  Strengthen Macroeconomic and Financial Cooperation established mechanisms for  Enhance Greater Economic Integration  Promote Science and Technology Development and Develop sustainable development to Information Technology Structure ensure the protection of the  Promote Social Development and Address the Social Impact of the Financial and Economic Crisis region’s environment, the  Promote Human Resource Development sustainability of its natural  Protect the Environment and Promote Sustainable Development resources and the high  Strengthen Regional Peace and Security  Enhance ASEAN’s Role as an Effective Force for Peace, Justice, quality of life of its peoples”. and Moderation in the Asia Pacific and in the World  Promote ASEAN Awareness and its Standing in the International (ASEAN Vision 2020) Community  Improve ASEAN’s Structures and Mechanisms

74

Slide 7 Slide 8

Bali Concord II ASEAN Food, Agriculture and Forestry Cooperation

ASEAN Community by the year 2020 ASEAN Strategic Plan of Action on Food, Agriculture and Forestry (1999-2004)  ASEAN Security Community Objective: “ … formulate and implement  ASEAN Economic Community regional cooperation activities to enhance  ASEAN Socio-cultural Community the international competitiveness of ASEAN’s food, agriculture and forestry products as well as to strengthen the food Vientiane Plan of Action security arrangement in the region and joint position in international fora”.

Slide 9 Slide 10 ASEAN Food, Agriculture and Forestry Cooperation Strategic Thrusts:

ÂStrengthening of Food Security Arrangements in the Region ÂEnhancement of International Competitiveness of ASEAN Food and Agricultural Products ÂEnhancement of ASEAN Cooperation and Joint Approaches on International and Regional Issues ÂDevelopment and Acceleration of Transfer and Adoption of New Technologies ÂEnhancement of Private Sector Involvement ÂManagement, Sustainable Utilisation and Conservation of Natural Resources * Forestry

Slide 11 Slide 12

ASEAN Customs Cooperation ASEAN Customs Cooperation Priority Areas: ASEAN Customs Vision 2020  Tariff Classification  Customs Valuation “ … an ASEAN Customs Partnership for  Cargo Processing  Post Clearance Audit World Class Standards and Excellence in  Transit  Temporary Admission efficiency, professionalism and service,  Enforcement and uniformity through harmonised  Mutual Assistance  Customs Automation procedures, to promote trade and  Strategic Planning and Management  Transparency Enhancement investment and to protect the health and  Training and Human Resource Development well being of the ASEAN Community”.  Technical Assistance to CLMV  International Customs Fora  Partnership with the Business Community

Slide 13 Slide 14 ASEAN Environment ASEAN Customs Cooperation Cooperation Institutional Framework: ASEAN Finance Ministers Meeting ASEAN Strategic Plan of Action on Environment (1999-2004) Major Regional Programmes and Activities ASEAN Director-General of Customs Meeting (ADGCM)  Transboundary Haze Pollution  Nature Conservation and Biodiversity  Coastal and Marine Environment  Global Environmental Issues  Water Resources Management • ASEAN Experts Committee on Customs Matters (ECCM)  Environmentally Sustainable Cities  Other Environmental Activities • ASEAN Coordinators of Customs Training Centres (ACCTC)

75

Slide 15 Slide 16

PRIORITY AREAS FOR LEAD SUBSIDIARY ASEAN Institutional Framework for REGIONAL COOPERATION COUNTRY BODY OF ASOEN ASEAN Summit (ASEAN Heads of State/ Environmental Cooperation Global environmental issues Government Singapore AWGMEA (focus on MEAs)

ASEAN Ministerial Land and forest fires and transboundary haze ASEAN Environment Secretary General Indonesia HTTF Meeting (AMM) Ministers Meeting of ASEAN pollution (ASEAN Foreign Ministers) (AMME, IAMME, AMMH) Coastal and marine environment Viet Nam AWGCME

ASEAN Senior Officials ASEAN Standing Sustainable forest management On Environment Committee (ASC) (ASOEN) Philippines AWGNCB Sustainable management of protected areas ASEAN Secretariat (Bureau for Resources Freshwater resources Thailand AWGWRM Development) Urban environmental management and Singapore AWGESC governance

Other Environmental Promotion of environmentally sound technologies Malaysia AWGNCB AWGCME AWGMEA AWGWRM AWGESC HTTF Activities and cleaner production (ASEAN Secretariat) Public awareness and environmental education Myanmar • AWGNCB: ASEAN Working Group on Nature Conservation and Biodiversity • AWGCME: ASEAN Working Group on Coastal and Marine Environment Sustainable development monitoring and • AWGMEA: ASEAN Working Group on Multilateral Environmental Agreements Viet Nam • AWGWRM: ASEAN Working Group on Water Resources Management reporting, database harmonisation • AWGESC: ASEAN Working Group on Environmentally Sustainable Cities • HTTF: Haze Technical Task Force

Slide 17 Slide 18 Global Environmental Issues Global Environmental Issues

ROTTERDAM STOCKHOLM BASEL COUNTRY • Promote common position/ understanding Convention Convention Convention Brunei on negotiation issues at multilateral Darussalam S 9 environmental fora Cambodia S 9 • Promote regional implementation of Indonesia S S 9 multilateral environmental agreements Lao PDR S Malaysia 9 S 9 • ASEAN Case Study on Synergies and Myanmar Interlinkages on MEAs Philippines S S / 9 9 Singapore S 9 • Capacity building for negotiation and Thailand 9 S 9 implementation of MEAs Viet Nam S / 9 9

Slide 19 Slide 20 ASEAN-UNEP Workshop for the Effective Implementation ASEAN - UNEP Workshop for the of the Chemicals and Wastes Conventions Effective Implementation of the September 2001, Kuala Lumpur, Malaysia Chemicals and Wastes Conventions, RECOMMENDATIONS (2): September 2001, Kuala Lumpur, Malaysia  Organise a workshop to develop a legal framework for RECOMMENDATIONS (1): implementing the BRSCs (utilising ASEAN expertise)  Financial and technical support to strengthen national  Conduct exercise among DNAs/ DFPs in the ASEAN region implementation mechanisms towards acceptance, to test the BRSCs’ operation procedures and to identify accession and implementation of the BRSCs constraints  Develop an ASEAN Information Network linking  Request assistance of Basel Convention Secretariat and the national implementing agencies to UNEP, FAO and more experienced member states in setting up a Secretariats of the BRSCs mechanism for technical assistance for hazardous wastes  Request assistance of the Secretariats to further management programmes, including the harmonization of identify synergies and linkages to enable a more waste list and movement forms, guidelines for customs cohesive and coordinated approach for the inspection, identification, financial guarantee and insurance implementation of the BRSCs at the national level to cover liability

Slide 21 Slide 22 ASEAN-UNEP Workshop for the Effective Implementation ASEAN-UNEP Workshop for the Effective Implementation of the Chemicals and Wastes Conventions of the Chemicals and Wastes Conventions September 2001, Kuala Lumpur, Malaysia September 2001, Kuala Lumpur, Malaysia

RECOMMENDATIONS (3): RECOMMENDATIONS (4):

 Request Rotterdam Convention Secretariat for simplified  Urge ASEAN member countries who have not become guidelines for national preparation in the accession and parties to BRSCs, to do so as soon as possible implementation of the Convention  Designate DNAs/ DFPs to facilitate information exchange  Request the Stockholm Convention Secretariat to develop among the member states and with the Secretariats of the guidelines on Best Available Technologies (BAT) and Best BRSCs Environmental Practices (BEP) in the phasing out of POPs  Appeal to member states to extend full cooperation to the  Request through ASOEN the assistance of the ASEAN Secretariats of the BRSCs by sending in complete Secretariat in developing programmes to meet the needs of information on banned chemicals and pesticides member states in technology transfer mechanisms, operational assistance such as PIC, notification, data management and monitoring system software and hardware, and the strengthening of capacity building, training, and public awareness and education programmes

76

Slide 23 Slide 24 ASEAN-UNEP Workshop for the Effective Implementation ASEAN-UNEP Workshop for the Effective Implementation of the Chemicals and Wastes Conventions of the Chemicals and Wastes Conventions September 2001, Kuala Lumpur, Malaysia September 2001, Kuala Lumpur, Malaysia

ROTTERDAM CONVENTION – SPECIFIC RECOMMENDATIONS: Â Enhance proper monitoring mechanisms on the process of notifications ROTTERDAM CONVENTION between countries

 Complete information on the banned chemicals and pesticides Problems and Constraints  Consistency in national level implementation of the PIC procedure and  A number of member countries are not yet signatories to avoid contradictions of a country’s position to related conventions the Convention and do not have DNAs  Request simplified guidelines to identify the proper mechanisms, infrastructure and institutions to implement the PIC procedures  Manpower  Enhance regional cooperation among the member countries on  Technical Expertise  Training of technical expertise

 Legal Mechanism  Information exchange  Monitoring the PIC procedure between two exporting ™ Conduct a trial run exercise among ASEAN member countries on and importing countries the export and import procedures of pesticides and chemicals to identify actual constraints

Slide 25 Slide 26 ASEAN-UNEP Workshop for the Effective Implementation of the Chemicals and Wastes Conventions Integrated Capacity Development in ASEAN on September 2001, Kuala Lumpur, Malaysia Multilateral Environmental Agreements, 24 – FOLLOW UP PROJECT PROPOSALS: 26 March 2003, Kuala Lumpur, Malaysia

 Preparation of national implementation plans for chemicals RECOMMENDATIONS (1): and hazardous waste management to meet obligations  Continue to promote convention specific training under PIC, POPs and Basel Conventions  Further promote functional training  Enhancing legal and institutional infrastructure for effective enforcement of chemicals and waste conventions  Increase English language training  Risk and damage reduction in transboundary transfers of  Improve record keeping and information management hazardous chemicals and wastes  Identify capacity needs at the national level  Development of a public awareness programme on  Rationalize and coordinate requests and donor assistance chemicals and hazardous waste management  Develop and/ or further strengthen national and regional  Developing capacity for effective implementation of centres of excellence chemicals and waste conventions

Slide 27 Slide 28

Integrated Capacity Development in ASEAN on Role of the Multilateral Environmental Agreements, 24 – ASEAN Secretariat 26 March 2003, Kuala Lumpur, Malaysia  Provide support for the institutional bodies (AMME, ASOEN and the working groups) RECOMMENDATIONS (2):  Act as a resource base  Develop e -learning for capacity development  Provide advice and information  Coordinate the implementation of regional activities  Establish a regional database of training institutes, roster of and programmes experts and activity calendar  Service the meetings of the ASEAN environmental bodies  Design regional website to assist AMCs in MEA  Ensure coordination among activities of other implementation sectoral bodies to promote synergy and avoid  Further promote common and mutually supportive views duplication; and among AMCs  Promote coordination among ASEAN bodies and its programmes and those of dialogue partners and  Enhance the role of the ASEAN Secretariat other international organizations in terms of resource mobilization, programme implementation and institutional linkages

77

SESSION 10: OPPORTUNITIES FOR REGIONAL COOPERATION Existing mechanisms of regional cooperation

Presentation by Jan Ketelaar

Slide 1 Slide 2 Overview of Presentation

Asia Farmers as IPM Experts: 9 Overview of problems associated with distribution and tackling the pesticide problems at use of toxic pesticides in Asian vegetable production its roots 9 Rationale and scope for FAO supported Farmer IPM Training programs 9 Training strategy and methodologies: the Farmer Field School Approach 9 Major Lessons Learned of the FAO IPM Programme’s Work 9 Concluding remarks, with links to Rotterdam convention

A PRESENTATION PREPARED FOR THE REGIONAL WORKSHOP ON THE IMPLEMENTATION OF THE ROTTERDAM CONVENTION FOR ASIA REGION 8-12 MARCH, BEIJING, CHINA, P.R.

Slide 3 Slide 4 Problems Associated With Misuse Vegetable Production in and Overuse of Chemical Pesticides Tropical Asia • Vegetables are important part of Asian diet. • The misuse and overuse of chemical • Many vegetables are native to tropical Asia, a vast pesticides in vegetable production in tropical Asia remain serious and acute. number are temperate in origin. • The application of pesticides most often • The realization of optimal yields is often causes resurgence of pest populations due constrained by pests. to the destruction of their natural enemies. • Development of resistance in target pest populations.

Slide 5 Slide 6 Problem Associated with Misuse & Problems Associated With Misuse and Overuse of Pesticide Overuse of Chemical Pesticides www.ToxicTrail.org • Widespread environmental pollution has an • Unregulated trade, distribution, re-packaging and important impact on quality of natural resources use of toxic pesticides under prevalent such as soils, water and fish populations. conditions creates serious health and • International trade restrictions as a result of environmental concerns in particularly Cambodia and Laos. pesticide residues on exportable vegetables • Labeling of pesticides is often insufficient as exceeding MRL (maximum residue levels). labels are in foreign languages (e.g. Thai, • In short, vegetable production in tropical and Vietnamese & Chinese) subtropical Asia remains in a ‘crisis phase’ , requiring urgent attention to safeguard the production of healthy food and producers’ livelihoods Asia-wide.

78

Slide 7 Slide 8 Scope and Rationale for the FAO The FAO Regional Vegetable Programme

IPM • Misuse and overuse of pesticides in Programme in Asia vegetable production in tropical Asia provide the rationale for establishment of FAO Vegetable IPM Programme. • The FAO Vegetable IPM Programme is focused on the Greater Mekong Subregion Countries of Cambodia, Lao PDR, Thailand, Vietnam and Yunnan Province of China PR. Other member countries include: Bangladesh, Indonesia, and Philippines.

Slide 9 Slide 10 Scope and Rationale for the FAO Training Strategy and Programme Methodology • The FAO Vegetable IPM Programme has, since 1996, worked with governments & NGOs to develop robust National Vegetable IPM Programmes; • The standard training approach • National Programmes carry out applied research, employed in all FAO supported extension and farmer education activities to promote National IPM Programmes is the so- and support the development and application of called ‘Farmers Field School’ (FFS) vegetable IPM by Asian smallholder farmers; approach. • FAO has implemented similar Regional programmes for Rice IPM (FAO Rice/Community IPM Programme-1982- 2001) and for Cotton IPM (FAO Cotton IPM Programme- 1999-present). The latter Programme currently operates in Bangladesh, China PR, India, Pakistan, Philippines and Vietnam.

Slide 11 Slide 12

What is Farmer’s Field School ? IPM Farmer’s Field School

• Season-long learning experience for 25-30 • The primary learning approach used in educating farmers; farmers about IPM; • Discovery learning process; • “School without walls”, farmers learn about crop • Develop ecological understanding that helps in ecology in the field; vegetable ecosystem analysis; • Aim to help farmers produce vegetable “cleaner” and • Farmers learn to develop hypothesis and set up more efficiently through IPM. experiments.

Slide 13 Slide 14 Major Lessons Learned of the FAO IPM Farmer’s Field School IPM Programme’s Work • Farmers carry out comparative studies of • The need for vegetable farmers as IPM Experts. sprayed and no-spray fields; • Farmer Field School approach extremely relevant to the IPM education of vegetable growers. • Understand how plants compensate for losses of • Farmer can reduce the inputs of pesticides considerably as a biomass; result of better understanding of ecology and subsequent better crop management decisions. • Evaluate varieties and ‘cleaner’ crop production • Vegetable Integrated Pest Management: the need, at times, for inputs ‘informed intervention’. • Discover ecological functions of arthropods • Pro-active regulatory action to ban and restrict the use of toxic agro-chemicals instrumental in creating the right IPM environment. • Need for wider availability and farmer access to more productive and ‘cleaner’ production inputs (seeds, agro-chemicals and biocontrol agents).

79

Slide 15 Slide 16 Impact Evaluation: Eggplant FFS in Bangladesh Parameters Benchmark IPM-trained IPM-Untrained % Difference (mean of FFSs (before farmers farmers (after training) Priority Pests in Asian Eggplant evaluated) training)

production: Fruit & Shoot Borer Summer 2001 (46 FFSs): Sprays/farmer 16.27 3.31 14.62 -79.6 Granular 0.45 0.09 0.34 -80.1 application per farmer

Pesticide cost 7,648 1,710 6,935 -77.7 (taka/ha)

Yield (kg/ha) 22,129 23,875 19,768 +7.9

Slide 17 Slide 18 Elimination of toxic pesticide use in crucifer production: parasitoid introductions augmented with BT applications Priority Pest Problems in Asian Crucifer production: Diamond Back Moth Introductions of parasitoids (Diadegma semiclausum) (Plutella xylostella) linked with farmer training

Bacillus thuringiensis applications, if needed

Slide 19 Slide 20

Concluding Remarks Concluding Remarks (Contd..)

• Pro-active regulatory action by Governments to ban and • The key to on-farm sustainable establishment of restrict the distribution and use of most toxic agro-chemicals vegetable IPM and subsequent elimination of toxic crucial to create stimulating environment for farmers to use pesticide applications is to facilitate farmers ‘cleaner’ production inputs; becoming IPM experts themselves. • Hence, FAO encourages governments in the Asia • Hence, FAO will continue to support applied Region to ratify the Rotterdam Convention and to pro- research, extension and farmer education actively regulate the trade, distribution and use of toxic activities to promote and support Integrated Pest agro-chemicals as well as to stimulate the private Management (IPM) for/by Asian smallholder sector to develop and provide better farmer access to farmers. ‘cleaner’ production inputs.

Slide 21 Slide 22 Thank you for your patient attention!!

For more Information on FAO’s Involvement in IPM Further queries could be directed to: Farmer Training Programmes, Please Consult the Jan Willem Ketelaar following publications or log on to websites Team Leader/ IPM Expert WWW.CommunityIPM.org / Inter-Country Programme for IPM in Vegetables in South and Southeast Asia (FNPP/GLO/002/NET & www.cottonipmasia.org GCP/RAS/191/AUL) FAO Regional Office for Asia and the Pacific Maliwan Mansion A-25, 39 Phra Atit Road, Bangkok 10200, Thailand Tel: (66-2) 697 4274 ; Fax: (66-2) 697-4422 Email: [email protected]

80

SESSION 10: IDENTIFICATION OF KEY NEXT STEPS/PRIORITIES AT NATIONAL AND REGIONAL LEVEL

GUIDANCE QUESTIONS

The purpose of these questions/points to consider is to stimulate discussion within the break out group on identifying key next steps for implementation of the PIC procedure and ratification of the Rotterdam Convention. It is not intended as an exhaustive list; if there are other points that the group wishes to consider they should be included.

General

1. National activities: Please identify key next steps for your country at national level (regarding areas such as: Designated National Authority, Import Responses, Notification of Final Regulatory Action, Severely Hazardous Pesticide Formulations, Information Exchange, Co-ordination with other Convention Secretariats)

2. Regional activities: Identify regional activities such as "Information exchange, harmonisation of registration schemes, accredited laboratories, networking, training, staff exchanges, regular meetings, newsletters" which are crucial for the implementation of the Rotterdam Convention. Please identify other such regional activities which are crucial. Which of them need to be strengthened and who can provide support to do so? The list of issues/questions identified in Session 4 could serve as a useful reference.

Implementation of the interim PIC procedure

3. Given that the Rotterdam Convention applies to both industrial chemicals and pesticides is there a need for separate DNAs or is a single DNA able to manage both types of chemicals effectively. What steps have to be taken to have an additional DNA nominated?

4. Are structures and mechanisms in place which allow for a national decision making process? Is there a co-ordination among major stakeholders and are all relevant groups involved in the decision making processes?

5. What are the reasons why import responses have not been prepared for all chemicals currently subject to the interim PIC procedure and what will be required to consider their preparation and submission?

6. Review recent regulatory actions – what needs to be done to prepare and submit notifications on final regulatory action to ban or severely restrict chemicals in line with Article 5.

7. Describe possibilities to collect information on pesticide poisoning incidents for pesticide formulations of potential concern. What is required to prepare a proposal for a severely hazardous pesticide formulation in line with Article 6?

8. What mechanisms, if any, are in place to communicate with industry or other government ministries regarding import decisions, the preparation and submission of notifications to the Secretariat and/or information on the operation of the interim PIC procedure such as contained in the PIC Circular? How can these communication channels be improved?

9. Identify who is involved in the implementation of the Stockholm Convention or Basel Convention in your country. Are there opportunities for collaboration e.g. in developing national

81

implementation plans and reviewing existing legislation and regulations. What are the constraints and benefits for such co-operation?

10. Identify opportunities for initiating follow-up discussion with other countries in the region. • The presentations in the first part of Session 10 provided an overview of ongoing regional activities. It may be that some of these activities could represent opportunities to further consider/discuss issues relevant to the implementation of the interim PIC procedure or ratification of the Rotterdam Convention.

Ratification of the Rotterdam Convention

11. Identify who in the country is working on the Basel Convention - as many of the countries in the region have ratified the Basel Convention. Could this serve as a model for the process that needs to be followed in ratification of the Rotterdam Convention?

12. Can regional co-operation assist in the ratification process (draft legislation, description of the ratification process, identification of legal and administrative requirements, estimation of human and financial resource requirements)?

82

SESSION 10: IDENTIFICATION OF KEY NEXT STEPS/PRIORITIES AT NATIONAL AND REGIONAL LEVEL

OUTCOME OF BREAK OUT GROUP DISCUSSIONS

Area National activities Regional activities 1. DNAs – role and 1. Enhancing the capability, 1. To develop or strengthen responsibilities (Article 4) capacity, financial and regional mechanisms for administrative resources of the coordination, cooperation DNAs. between DNAs by regular meetings in order to sort out 2. Improve coordination common issues and share between DNAs, relevant experiences. Government agencies and other stakeholders in implementation of the Convention and increase the level of awareness of higher officials. 2. Proposals for SHPF (Article 6 1. Improving reporting system 1. Establish institutional – session 5) for poisoning incidences and linkages with regional on going surveillance of hazards on programs like IPM to human health related to SHPFs, consolidate poisoning data and including community based enhancing monitoring and reporting system. surveillance of adverse health and environmental effects of 2. Seek assistance from the SHPFs. NGOs and international funding to improve the local capacity in risk assessment. 3. Notification of final 1. Strengthen capacity for risk 1. Establish or strengthen regulatory action (Article 5 – evaluation rather than hazard existing regional exchange session 6) evaluation. mechanisms for national experts to assist DNAs to comply with 2. Develop a process which notification requirements and to involves appropriate clearance share information regarding and inputs/information to issue decisions. a notification of a final regulatory action to ban or severely restrict. 4. Import decisions (Article 10 1. Improving the consultative 1. Improve awareness amongst – session 7) process by ensuring that views countries of the region on of all relevant stakeholders and import decisions and agencies are incorporated before compliance with these decisions import decisions are made through regular exchange of within the prescribed period. information amongst DNAs and border control authorities. 2. Develop strategies for interim decisions. 5. Export notifications (Article 1. Improve coordination and 1. Standardization of 12 – session 8) linkage with other agencies such information provided in the as border control and police and export notifications and sharing industries in developing export notification with other control measures and guidelines. countries.

83

2. Adequate legal mandate for the DNA or the relevant authority to assess import/export data from the Industry (Producers). 6. Information exchange 1. Establish mechanism for up 1. Establish a permanent (Session 9) to date information exchange regional PIC Secretariat with between and amongst DNAs, funding for improved Secretariat, the various information exchange within the government ministries, private region based on the ASEAN sector, NGOs and other model. This should also work as stakeholders. a regional information clearing house. 2. Improve the capabilities and literacy on IT. 2. Training workshop on IT. 7. Ratification of/ accession to 1. Raise awareness on benefits 1. Take-up the matter of the Convention of ratifying the Convention and ratification at related regional review the current status of the network meetings such as proposal for ratification process ASEAN, APEC, FAO, UNEP. and take necessary action to accelerate the final decision on ratification of the convention. This may include a review of government commitments to support ratification in various other fora like WSSD and IFCS and ASEAN.

2. Establish a financial mechanism for country contribution to the Convention, explore funding possibilities to increase capacity to implement the Convention.

84

SESSION 11: ADDRESSING CHALLENGES AND QUESTIONS IDENTIFIED IN SESSION 4

PRINCIPAL CHALLENGES TO IMPLEMENTATION OF THE INTERIM PRIOR INFORMED CONSENT PROCEDURE

SUMMARY OF SESSIONS 4-8

1. Lack of awareness among national authorities, need to give higher priority to chemical safety and the work of the Rotterdam Convention.

2. Inadequate legal or regulatory infrastructure for management of chemicals (pesticides and industrial chemicals) at the national level or poor implementation of existing regulations.

3. Inadequate authority or resources (human, technical and financial) assigned to the designated national authority to allow them to fulfill their obligations under the Rotterdam Convention.

4. Need for improved coordination and communication and definition of responsibilities within and between relevant ministries and DNAs in meeting the obligations of the Rotterdam Convention (including preparation and submission of notifications of final regulatory action, import decision making).

5. Need to improve / establish cooperation and communication among relevant ministries, DNAs and stakeholders (such as customs authorities, chemical industry, importers and exporters) on the implementation of the PIC procedure, in particular concerning dissemination of import decisions in the country and the need for export notifications.

6. Lack capacity/capability to undertake hazard and risk evaluation on effects of chemicals, on human health and environment, in support of final regulatory actions.

7. Lack of proper and reliable reporting system for collecting information on pesticide poisoning incidents (human health or environment) and a need to establish mechanisms to transmit the information to the government (Designated National Authority).

85

SESSION 11: ADDRESSING CHALLENGES AND QUESTIONS IDENTIFIED IN SESSION 4

RESPONDING TO CHALLENGES IDENTIFIED IN SESSION 4

1. General issues a) Problem in orienting the human resources to the objectives and procedures of the Convention. b) Ensuring that appropriate institutional capability is in place to fulfil obligations of Convention c) Implementing of signing; Ratification Modification and Legislative implications d) Put financial system in place, so that at least for a few years after ratification countries can be helped in setting up infrastructure to meet obligations e) Technical assistance for DNA to ratify Convention f) Increase awareness of the Convention g) Delay in ratification due to political processes and instabilities

2. Specific issues i) Export notification a) Export of a PIC substance to a country that has given a “no consent” decisions in the case of an emergency (e.g. DDT from India to an African country with malaria that wants to import DDT) b) Capability of handling the export notification c) Export notification/chemical may be incorrectly labelled d) Correct address of DNA ii) Import decision a) Import decision may be tied to registration b) There may not be enough time to consult all stakeholders and other relevant groups c) Participative consultative process may be long and tedious d) Utilization of information given in DGD

3. Ability to regulate chemicals i) Infrastructure a) Some countries are late starters in pesticides and Hazard Management. Need Technical Assistance b) Responsible Regulatory, facilitating and Coordinating body to ensure the use of its authority to control and regulate flow of hazardous chemicals ii) Technical capacity a) Capacity to perform risk evaluation b) Task of chemical producers to develop hazard data. c) Scientific data more related to animal testing d) Absence of identification of effects of products before being processed for Ban/Regulation e) Report poisonings: documentation of health and environmental incidents f) Knowledge/capacity/surveillance/analytical capacity to recognize poisoning/environmental incidents

86

iii) Customs a) Technical assistance/training/awareness raising for customs officials (all authorities involved in border control) b) Need for identification of Codes and Harmonization specifications-for Custom Authorities c) Regulating import of pesticides/ chemicals arriving at ports lack of capacity to handle d) Training assistance to border/customs control

4. DNA issues i) General a) Different DNA for production, manufactures, exports, use, Multiplicity of DNAs in some countries cause of issues, coordination problems. b) Clearly define role of the DNA c) Build up technical capacity for DNA d) Lack of facility and limitations of the DNA to perform (funds, education and experience) Do not possess the capacity to handle/ function ii) Communication and coordination a) Coordination between production/manufacture and use, specially in case of banned chemicals/pesticides b) Coordination between agencies and interministerially c) Informing relevant groups: decisions made by government not readily available to the public. Dissemination of information important. DNAs need to come out with proposals of disseminating info supported bilaterally of multilaterally and networking. How to coordinate is a challenge. d) Make sure that the industry knows and follows the convention

5. Questions a) Time frame for obligation to notify the ban b) Is there a time restriction for second ban to reach the PIC secretariat? c) Should DNA have expertise in the area of chemicals/pesticide? d) Is DNA a person or an agency? e) Need for information on the cost of ratification and complying with the obligations to the Convention f) Minimum requirements under the Convention g) UN official language acceptable to importing country? h) Language difficulties

87