Workshop on Inter-Agency Coordination

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

Workshop on Inter-Agency Coordination for China’s Ratification and Implementation of the Rotterdam Convention

Sanya, China 13 – 16 December 2004

Summary Report

State Environmental Protection Administration I. Opening Ceremony and Speeches

The Workshop on Inter-Agency Coordination for China’s Ratification and Implementation of Rotterdam Convention was held in Sanya, Hainan Province of China during 13-15 December 2003, which was organized by the State Environmental Protection Administration (SEPA) and sponsored and supported by the Secretariat of the Rotterdam Convention. 34 Participants attended the workshop, from 16 departments of eight ministries or commissions under the State Council, provincial government agenciesy, the Secretariats of the Rotterdam international convention, Australian experts and officials from FAO. These departments and institutes included the Legislation Office and Foreign Affairs Office of the National People’s Congress (NPC) of China; the Department of Pollution Control of SEPA, the Department of International Cooperation of SEPA, the Department of Laws & Regulations of SEPA, General Office of SEPA, Chemicals Registration Center of SEPA, the Department of Crop Planting Management of the Ministry of Agriculture, Institute for the Control of Agrochemicals, Ministry of Agriculture(ICAMA)Pesticide Determination Institute of the Ministry of Agriculture, the Department of Environment and Resources of the NationalState Development and Reform Commission (SNDRC), the Department of Economic Operation of SNDRC, the Department of Laws & Regulations and the Department of Hong Kong, Macao and Taiwan Affairs of the Ministry of Foreign Affairs, the Department of Science and Technology of the Ministry of Commerce, General Administration of Customs, the Department of National Land, Environment and Resources of Hainan Province, Stockholm Convention Implementation OfficeChina’s Implementation Office of POPs, Basel Convention Asia-Pacific Regional CentreChina Regional Office of Basel Convention. The workshop began at 9:00 on 13 December 2003 2004 with thean opening ceremony chaired by Ms. Zang Wenchao, ViceDeputy Director of the Division ofn the Management of Solid Wastes and Toxic Chemicals of the Department of Pollution Control of SEPA. Mr. Yue Ruisheng, ViceDeputy Director General of the Department of International Cooperation of SEPA，Mr. Bill Murray offrom the Secretariat of Rotterdam Convention and Mr. Sui Pengfei, ViceDeputy Director General of the Department of Crop Planting Management of the Ministry of Agriculture gave their opening remarks respectively.

Mr. Yue Ruisheng firstly welcomed the participants. He emphasized that Rotterdam Convention plays an important role in helping countries, especially developing countries to improve environmental management on chemicals. The ratification and implementation of Rotterdam Convention is of great significance to China. It will help China to understand the information about banning or restricting the use of chemicals and pesticides of each party; protect public health and ecological environment, facilitate the adjustment of product structure of Chinese pesticide industry, and accelerate the development of high-efficiency pesticides with minimum residue and promote the upgrading of pesticide products. Meanwhile, it will also help in laying a solid foundation for the development of the environmental management onf chemicals in China, building up of both chemicals management team and relevant technical capabilities, establishing an assessment system for the risk, danger or damage hazards and socio-economic influenceeffects. He stated that Rotterdam Convention is involved in many aspects such as the management of industrial chemicals, the management of pesticides, foreign trade, supervision by the customs and financial support. To do the implementation work well, each relevant department is an indispensable part. And the cooperation and collaboration among different department is of great importance. He hoped that the representatives from each department could make full use of this opportunity in the workshop to jointly explore ways of collaboration, identify the objective and bring the advantages of each department into full play on the basis of its responsibilities. Finally, he stressed that the formation of an organic integrated system in implementing Rotterdam Convention on the basis of current system is essential to the responsibility and obligation in the implementation work of China. He expressed thanks to the Secretariat of the Rotterdam Convention that provides both human and financial support to this workshop.

In his opening speech, Mr. Bill Murry of the Secretariat stated that the aim of Rotterdam Convention is to enhance the exchange of information on hazardous chemicals among countries in international trade. It will facilitate the parties of the Convention to share responsibilities, carry out cooperation work, promote the use of such chemicals in an environmental friendly way, improve public health and protect the environment in international trade. He highlighted the two important mechanism of the Convention, i.e. information exchange and prior informed consent procedure, outlined major contents and operation procedures of the

1 Convention. Mr. Bill Murry said, as a very important manufacturer, importer and exporter of chemicals, China is closely relevant to the Convention. At the Asian Region Workshop held in March of 2004 in Beijing, the Secretariat clearly understood that China had made enormous efforts in establishing and developing the management infrastructure for chemicals. These chemicals imposed a great challenge to China as it was experiencing rapid economic development. The Secretariat should help China to conduct this activity. He applauded China’s participation ofin all the negotiating conferences and its import responses to 27 chemicals listed by the Convention. Talking about the Convention having been put into effect, Mr. Bill Murray said that “at the First Conference of the Parties of the Rotterdam Convention, in September 2004, Parties agreed by consensus on the inclusion of 14 additional chemicals, and in doing so, increased the total number of pesticides and industrial chemicals subject to this Convention to 41”.that 14 chemicals will be listed on Annex III of the Convention at The First Conference of Parties which will be held in September of 2005, increasing the category from current 27 to 41. This recent development It has been demonstratesd by the fact that each Party has high hopes tofor the Convention. Regarding future prospect of the coordination among Basel Convention, Stockholm Convention and Rotterdam Convention, he highlighted that the three Conventions have provided a framework for the life cyclethe life-long management of chemicals. The coordination could make each Convention to better bring into play. This is in consistent with the SAICM and favored by more donators of bilateral and multi-lateral cooperation projects. Mr. Bill Murray also pointed out that ratification and implementation of Rotterdam Convention could help China in improving the infrastructure of chemical management, progressively meeting international standard and setting up an example to other Asian countries, which is in consistent with its leading position in the region. Finally, he hoped that this workshop would be beneficial to China in ratifying and implementing the Convention. He also expressed his gratitude to Mr. Yue Ruisheng, ViceDeputy Director General of the Department of International Cooperation of SEPA and other staffs who have organized the workshop.

In his speech, Mr. Sui Pengfei expounded the significance and guiding principle in ratifying and implementing the Convention. He suggested the ways to implement the Convention, too. According to Mr. Sui Pengfei, the significance of ratifying and implementing the Convention has the following four points: 1) It is the responsibility of China as a big player in agriculture and pesticides as well as the biggest developing country. 2) It is out of the requirements for promoting produce trade. Agricultural products have a close relationship with the livelihood of 700 million farmers in China. The export of Chinese agricultural products grows at a two-digit rate each year. These produce had comparative advantages in price in the past. However, with the increase of trade, the improvement in implementing international rules, technical and green barriers gradually dominate world trade. The examples are the intellectual property rights represented by seeds, test and quarantine technology as well as residue standards for hazardous organisms. Rotterdam Convention is directly related to toxic and hazardous pesticide residues. 3) It is the requirements for the safety of agricultural produce of both China and other countries. There would be big loss without pesticides. In some area, pesticides with high toxicity have to be employed. China needs to ratify and implement the Convention in order to protect farmers. 4) It is the requirement that China should have a voice in the Convention. Talking about the principle that China should observe in ratifying and implementing the Convention, Mr. Sui pointed out that, firstly, China should relevant domestic laws & regulations as well as international conventions and agreements; secondly, China should act in line with the efficiency principle and ability principle. As the ways or approaches for implementation, Mr. Sui stressed the need to link the current basis to the requirements of the Convention. We should take the international conventions already ratified as a reference and consider the common practice. Then compare it with practical situations in China. There should be a plan for ratification and implementation. Finally, Mr. Sui noted that in order to meet both national and international requirements for plant protection, the Ministry of Agriculture has conducted institutional restructure activities and established the Plant Protection & Quarantine DivisionDivision of Plant Protection and Quality Examination which is in charge of various activities in plant protection. The capacity building in this regard has set a good example to other developing countries. The Ministry of Agriculture would work jointly with SEPA to promote the ratification and implementation process for Rotterdam Convention.

2 II. Introduction of the Contents of Rotterdam Convention and Current Situation in China

1. Introduction of Rotterdam Convention and Future Activities of the Secretariat

Ms. Zhou Yun, an official from the Secretariat, gave a comprehensive introduction of Rotterdam Convention in terms of its background, aim, specific provisions, operation mechanism, major institution and procedures. She also expounded the benefits to the Parties of the Convention from such aspects as early warning system, prior informed information, policy making, sharing of responsibilities, information exchange, designated national authority (DNA) network. In explaining the responsibilities of the Parties during the implementation process, Ms Zhou spelled out the responsibilities item by item according to a list of necessary actions that a government or DNA shall take in order to participate Rotterdam Convention in an all round way. She illuminated the main elements of the Parties in implementing the Convention, such as submitting the “Regulatory Notification for Banned or Severely Restricted Chemicals”, “Proposal for Extremely Severely Hazadous Pesticide Formulation” and “Import Response”; ensuring the issuance of “Export Notification” and confirming the receiving of “Export Notification”. She also gave explanations for relevant necessary activities and management measures required by the Convention. In addition, she spelled out in depth the important elements in implanting the Convention from three aspects, namely relevant Articles; detailed submitting procedures including those for important institutions and important documents; and the issues often being presented. These elements are important components for the operation of the Rotterdam Convention. Finally, Ms. Zhou gave detailed and clear explanations on the implementation of the Convention and the arrangement for future activities.

2. Participation in the Negotiation and Ratification of the Convention

Mr. Yue Ruisheng, ViceDeputy Ditector General of the Department of International Cooperation of SEPA, presented the situation history of negotiating and ratifyingication of the Convention in China. He spelled out the attitude and stand of the Chinese Delegation led by SEPA participating in the negotiation on the Convention, major activities during the negotiating process since 1996, the overall progress and current status of ratifying the convention in China over the past two years. In particular, he emphasized that the Ministry of Foreign Affairs and SEPA have jointly submitted a document to the State Council suggesting it calling requesting for the review examination and adoption of the Rotterdam Convention.

3. Implementation of the Convention in Terms of Pesticides and the Challenges facing China

Ms. Yang Yongzhen, ViceDeputy Director of the Institute for the Control of Agrochemicals, Ministry of Agriculture(ICAMA)Pesticide Determination Institute of the Ministry of Agriculture, introduced the implementation of “Pesticides Prior Informed Procedure” of the Rotterdam Convention in China. She expounded the responsibilities in the management of pesticide import and export under the Convention, management measures for import and export of pesticides in China and the activities under way, the implications of the Convention on the import and export of pesticides in China and on industrial restructuring as well as the countermeasure.

4. The Management of the Import and Export of Chemicals and the Challenges and Countermeasures for Implementing the Convention

Ms. Zang Wenchao, ViceDeputy Director of the Division on the Management of Solid Waste and Toxic Chemicals of the Department of Pollution Prevention and Control of SEPA, introduced current status of environmental management of the import and export of chemicals and future challenges facing China. She spelled out the responsibilities of SEPA in managing chemicals, current status and achievements in the management of the import and export of chemicals, relevant activities in negotiating and implementing the Convention and policy recommendations for promoting the ratification and implementation of the Convention.

3 5. Customs Import and Export Management in Terms of the Rotterdam Convention

Ms. Fan Xiaoling, ViceDeputy Director of the Trade Administration Division of the Department of Politics and Laws of China General Customs, gave a detailed report on the supervision of the import and export of PIC chemicals by Chinese customs, including responsibilities of customs, the basis on which the customs supervise the import and export of PIC chemicals, HS Code employed in the management of the import and export of PIC chemicals, relevant departments involved in the management of the import and export of such chemicals, as well as existing problems.

6. Australian Experience

At the invitation of the Secretariat, Ms. Julia Rymer, an official from the Ministry of Agriculture, Forestry and Fishery of Australia, introduced the ratification and implementation of the Convention in Australia, described the activities and experience of Australia in promoting the ratification and implementation of the Rotterdam Convention. She also explained the cost of ratifying and implementing the Convention in Australia. Australia signed the Convention in 1999 and adopted it on 20 May 2004. Regarding the implementation, Australian Government has designated the Ministry of Environment and the Ministry of Agriculture, Forestry and fishery to undertake the implementation obligations for the import and export of hazardous chemicals and the import and export of pesticides. It has established an Implementation Group composed of such departments as environment, health, agriculture, legislation, foreign affairs and customs to coordinate and promote the implementation work in Australia.

III. Coordination among the Three Conventions

1. Coordination among the Three Conventions

Mr. Bill Murray of the Secretariat of the Rotterdam Convention introduced to the workshop the vision of future cooperation between the Stockholm Convention, the Basel Convention and the Rotterdam Convention. He mentioned that the Secretariat would compile the Implementation Guidelines for the Rotterdam Convention and include, it as an annex of the Guidelines for National ImplementationAction Programlan of the Stockholm Convention. It would provide a guidance for each country in developing its nNational Implementation Program Plan for the Rotterdam Convention.

2. Introduction of the Implementation of the Stockholm Convention in China

Ms. Zhao Ziying from the Implementation Office of the Stockholm Convention introduced the implementation of the Stockholm Convention in China, including early preparation progress, the items of National Implementation Programlan (NIP), challenges facing China and the priorities of the near future.

3. Implementation of the Basel Convention and Existing problems

Ms. Zhu Xuemei from the Asia-Pacific Regional Center of the Basel Convention described the implementation of the Basel Convention in China and existing problems. She explained the background, development and major contents of the Convention. She also presented the responsibilities and obligations of China under the framework of the Convention, implementation status and existing problems.

IV. Challenges Facing Asia-Pacific Region in Implementing the Rotterdam Convention

Mr. Piao Yongfan, an officer of Asia-Pacific Regional Office of FAO, expounded the challenges and opportunities in implementing the Convention in Asia-Pacific region.

4 V. Discussion on the responsibilities of each relevant department, activities necessary to implement the Convention, problems and countermeasures and the necessity of establishing a national implementation mechanism

According to the schedule, participants of the workshop carried out active and enthusiastic discussion in terms of necessary work, existing problems and countermeasures for implementing the Convention. All participants believed that, in order to ensure public health and environmental security, it is essential and of great significance to actively participate in the development and implementation of international convention on chemicals. China should accelerate the ratification process and initiate early preparations in implementing the Convention.

SEPA submitted to the workshop the “Envision on Establishing a National Coordination Group for Implementing the Rotterdam Convention (draft)” and “Specific Activities Necessary to Implement the Convention and Existing Problems and Countermeasures (Draft)”. Representatives expressed their opinions on the two documents.

Regarding the necessity of establishing a nNational Implementation Coordination Group, representative from the Ministry of Agriculture stated that the key lies in the specific responsibilities and obligations of the Parties specified in the Convention. In the case of pesticide management, he believed that China could implement the Convention well thanks to the good management, sound laws and regulations and empowered personnel. There was no more coordination work, hence there was no need for establishing a national coordination group. Otherwise it would be harmful to the implementation work for pesticides. As for the management of industrial chemicals featured by lack of laws and regulations and poor capacity, how to coordinate and develop a coordination mechanism is a matter only for the implementation work of industrial chemicals. There should a distinction between the two. Domestic implementation should be carried out strictly in line with laws. Each department should fulfill its obligations under the framework of the Convention according to current national laws and regulations. Inter-agency coordination could be conducted when necessary, e.g. unified response to import decisions. Representative from the Ministry of Foreign Affairs believed it necessary to establish an implementation mechanism or a national implementation group. Such work could be conducted in line with the following five principles:

(1) Establish a national implementation group on the basis of the mode in formulating the negotiating delegation for the Convention; (2) Make necessary adjustment to implementation organizations according to practical requirements for implementation work; (3) Make full use of the approaches in formulating a national implementation group for other Conventions; (4) Ensure effective inter-agency communications and bring the initiatives of each department into full play; (5) Actively cooperate with DNA to do the implementation work well.

In particular, he mentioned the implementation of the Convention in Hong Kong, Macao and Taiwan. He believed that an appropriate approach should be sought to solve the problem. For example, when handle the issue of export notification to Taiwan, the Central Government could employ media notices to avoid potential breaching risk. He also pointed out that relevant international institutions should employ more Chinese staff to ensure smooth communications between international institutions and the Chinese Government, which could understand and respond to new developments in the management of chemicals in the world. SEPA representatives applauded the suggestion and expressed their willingness to submit the proposal to relevant international institutions for consideration.

The representative from the NationalState Development and Reform Commission (SNDRC) believed that it is necessary to establish a national implementation group. This is because that negotiation will continue and follow-up topics will occur. Both the formulation of negotiating document and presenting responses would

5 require such mechanism. Meanwhile, implementing the Convention would inevitably involves domestic chemicals, the production and application of pesticides, adjustments of industrial policies and the reallocation of funds, etc.. The way by which an appropriate link could be established between the implementation work and national management procedures is also one of the important components of the proposed implementation coordination group. In addition, although each Convention has its own goals and contents, coordination among several international conventions can be facilitated under one implementation framework. The representative pointed out that the proposed national coordination group should include the General Administration of Quality Supervision, Inspection and Quarantine of P.R.ChinaState Administration on Quality Inspection and Quarantine.

The representative from the Ministry of Commerce expounded the relations between trade and environment, environmental considerations in trade in terms of domestic and foreign trade. He emphasized that China should make use of environmental provisions to protect the interest of China when we fulfill our obligations specified in the Convention. Regarding the Rotterdam Convention, he thought that the management on import and export should combine with domestic industrial management. To link the functions of each department and process, each department should coordinate with others.

The representative from the General Administration of Customs believed it necessary to set up a national implementation group. However, the particulars such as the official level of the group member and work pattern of the group should be further clarified.

SEPA representative noted that the Convention identified the obligations of the Parties, but it has not stipulate how to fulfill these obligations. Nor did it make definite requirement for the establishment of the implementation mechanism. However, the practice of other Conventions already ratified and approved by China has resulted in the implementation group. When negotiating on the Rotterdam Convention, it would be possible to adopt this approach, i.e. establishing a inter-ministry contact meeting under the national implementation group. SEPA representative also believed that China should estimate the increment cost in implementing the Convention, which is one of the problems in need of settlement during the implementation process.

The representative from NPC noted that Article 15 of the Rotterdam Convention points out: “Each Party shall take measures as may be necessary to establish and strengthen its national infrastructure and institutions for the effective implementation of the Convention.” ShHe thought it necessary to establish an implementation group. He suggested adopting joint meeting mechanism. As the Convention involves both chemicals and pesticides, the proposed implementation group could have two group leaders.

Regarding the specific work for implementing the Convention, all participants stressed the need to add the contents in relation to the link to relevant domestic management activities.

In talking about problems facing China in implementing the Convention, the representative from the Operation Bureau of the NDRCState Development and Reform Commission noted that some issues like lack of relevant laws and regulations should be specific. And the statement like unclearness of the production and application of relevant chemicals is not accurate, because these data may in be the hands of other departments. He suggested putting forward the issues that could attract international financial assistance. The existing defects and shortcomings in domestic management such as the lack of inter-agency communications and coordination should not be the focus for suggestions.

The representatives from the Ministry of Agriculture and from ICAMAPesticide Determination Institute believed that the management status and level vary and so do the problems facing us. They recommended to expound them separately. As for the implementation of the Convention on pesticides, major problems facing China are in the following five areas: 1) capacity building in the hazardous assessment of pesticides needs to be strengthened; 2）weak in the development of alternative materials and technology; 3) pesticide technological innovation capacity is not strong; 4) insufficient public promotion; 5) lack of the support from special fund.

6 The representatives from the Environment and Natural Resources Committee of NPC believed that the statement of unsoundness of laws and regulations concerning the management of chemicals is not accurate. It should be stated that the laws and regulations need improvement. With regard to capacity building, we should take account of different requirements of the State, enterprises and the public. As for the option of alternatives, the problem facing China is that there are no alternatives as there is no supporting technology transfer. The allocation of special fund is necessary. However, the adverse impacts of employing alternative materials or technologies on enterprises should be considered, for example, the increment cost resulting from transition.

The representatives from SEPA and General Administration of Customs noted that the statement in the document concerning lack of relevant standards and staff should be more specific. The representatives from SEPA and ICAMAPesticide Determination Institute of the Ministry of Agriculture highlighted the importance in strengthening public promotion activities.

On countermeasures for the implementation, participants have reached agreement after heated discussion. They took into account of the following two aspects: (1) setting up an implementation mechanism and enhancing communications among different department; (2) promoting the formulation of NIP of China.

SEPA representative amended the original draft outcome document on the basis of the above suggestions and comments and concluded with “Specific Activities Necessary for Implementing the Rotterdam Convention and Existing Problems and Countermeasures” (See Annex II). SEPA officials briefed major contents of the outcome of the workshop to Secretariat officials as well as all participants. With this as the basis, participants and the Secretariat officials had further consultation and discussion on future cooperation in implementing the Convention.

All participants agreed that it is very necessary and timely to hold this workshop during the critical period when China is to ratify and implement the Convention. They have improved their understanding of potential responsibilities and obligations of China when it ratifies the Convention, investigated and explored countermeasures for implementation. This workshop met the anticipated goals with a big success. It has laid a solid foundation for setting up a coordinated and consistent implementation mechanism and formulating NIP of China.

VI. Outcomes of the Workshop

This workshop has obtained the following achievements:

1) Clearer and more comprehensive understanding of the basic framework and components of the Convention. Representatives from relevant ministries and commissions under the State Council have deeper understanding of the responsibilities and obligations of China under the Convention in terms of their work. 2) Each department has further identified its work and relevant responsibilities in relation to the Convention. 3) Participants have reached agreement on the necessity to ratify the Rotterdam Convention. 4) After detailed and comprehensive discussion on the necessity to establish an implementation mechanism for the Rotterdam Convention, participants considered it necessary to set up the implementation mechanism in China so as to enhance inter-agency coordination, facilitate information exchange, mobilize resources and respond to potential problems. They have also discussed possible ways or patterns of the mechanism. 5) Participants agreed to promote the formulation of China’s NIP and looked forward the issuing of NIP Guidance of the Rotterdam Convention. 6) Participants of the meeting conducted sufficient discussions on the specific work necessary for implementing the Convention, existing problems and their countermeasures. They put forth 13 issues or problems in need of addressing or improvement and presented overall countermeasures.

7 VII. Closing of the Workshop

Mr. Yue Ruisheng and Mr. Bill Murray both delivered a closing speech. Before the workshop formally closed in the afternoon of 16 December 2004, participants took part in a field trip and continued their frank and direct exchange of views during the trip.

8 Annex I - List of Participants

Organization Name of Participant The Department of International Cooperation of SEPA Yue Ruisheng The Department of Planting Management of the Ministry of Agriculture Sui Pengfei Environment and Natural Resources Committee of NPC Cai Wei Foreign Affairs Committee of NPC Jiang Hao The Department of Treaty and Law of the Ministry of Foreign Affairs Li Xiangfeng The Department of Hong Kong, Macao and Taiwan Affairs of the Ministry of Huang Xuehu Foreign Affairs The Department of Environment and Natural Resources of the NationalState Lu Dongsen Development and Reform Commission Operation Bureau of the NationalState Development and Reform Commission Wei Guijun The Department of Science & Technology of the Ministry of Commerce Peng Yi The Department of Politics and Laws of General Administration of Customs Fan Xiaoling The Department of Planting Management of the Ministry of Agriculture Ning Minghui The Department of Pollution Control of SEPA Zang Wenchao The Department of International Cooperation of SEPA Wang Qian The Department of International Cooperation of SEPA Liu Guozhi The Department of Policies, Laws and Regulations of SEPA Wen Yingmin Administrative Office of SEPA Wang Mengjie The Department of Pollution Control of SEPA Liu Chunxin Institute for the Control of Agrochemicals, Ministry of AgriculturePesticide Yang Yongzhen Determination Institute of the Ministry of Agriculture Institute for the Control of Agrochemicals, Ministry of AgriculturePesticide Wu Houbin Determination Institute of the Ministry of Agriculture Basel Convention Asia-Pacific Regional CentreAssia—Pacific Regional Office of the Zhu Xuemei Basel Convention Stockholm Convention Implementation OfficeImplementation Office of the Zhao Ziying Stockholm Convention The Department of National Land, Environment and Resources of Hainan Province He Shaoqun The Department of National Land, Environment and Resources of Hainan Province Xing Yangming Translation Division of the Department of International Cooperation of SEPA Ren Liping Chemical Registration Center of SEPA Gao Yingxin Chemical Registration Center of SEPA Sun Jinye Chemical Registration Center of SEPA Mao Yan Chemical Registration Center of SEPA Zhang Yazhen Chemical Registration Center of SEPA Wang Bo The Secretariat of the Rotterdam Convention Bill Murray The Secretariat of the Rotterdam Convention Yun Zhou Assia-Pacific Regional Office of the FAO Piao Yongfan Ministry of Agriculture, Forestry and Fishery of Australia Julia Rymer

9 Annex II - Specific Activities Necessary for Implementing the Rotterdam Convention and Existing Problems and Countermeasures 16 December 2004

1. Activities necessary for implementing the Convention

1) Inform the Secretariat of the name and address of DNA of China; 2) Give import response to the chemicals in Annex III of the Convention; 3) Examine and approve the import and export of the chemicals in Annex III, ensure that the export of chemicals do not violate the import rules of the importing country; 4) Formulate the final regulatory decision of China or present proposals for extremely hazardous pesticide preparations and inform the Secretariat in written form; 5) Issuing export notification to the importing country of the chemicals not listed in Annex III but being regulated by the Chinese Government before the first export of such chemicals every year; 6) RespondGive response to the export confirmation letter of the exporting Parties; 7) Guide Direct relevant enterprises to prepare the information of regulated chemicals in line with the requirements of the Convention; 8) Establish domestic information exchange mechanism to enable stakeholders in China understand the import response of both China and other Parties; 9) Strive for financial and technical assistance; 10)Supervise the import and export of chemicals; 11)Link up relevant domestic management activities.

2. Problems

2.1 Problems Arising from Industrial Chemicals 1) Some laws and regulations need additions or amendments; 2) Lack of relevant standards on the hazardous analysis or risk assessment of chemicals; 3) Lack of sufficient communications and coordination among relevant departments; 4) The following capacity should be enhanced: (a) Management capacity of the institutions and staff (b) Research capacity or lab determination capacity, etc. (c) Development capacity of enterprises and the capacity to face the challenge imposed by the Convention 5) Establish and enhance information exchange mechanism, chemical data base and network; 6) Lack of the capacity in developing and introducing alternative substances and technologies; 7) Insufficient public promotion and public participation; 8) Lack of the support of special fund. 9) 2.2 Problems Arising from Pesticides 1) Capacity in assessing the risk and hazardous effects of pesticides needs to be strengthened; 2) Insufficient study and research on alternative substances and technology; 3) Technological innovation capacity is not strong; 4) Poor in public promotion; 5) Lack of the support of special fund.

3. Countermeasures

1) Establish implementation coordination mechanism and enhance inter-department coordination; 2) Promote the formulation of NIP in China. ------