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Reply of Ecuador INTERNATIONAL COURT OF JUSTICE CASE CONCERNING AERIAL HERBICIDE SPRAYING ECUADOR v. COLOMBIA REPLY OF ECUADOR VOLUME II ANNEXES 31 JANUARY 2011 VOLUME II ANNEXES TABLE OF CONTENTS EXPERT REPORTS Annex 1 R. John Hansman, Ph.D. & Carlos F. Mena, Ph.D., Analysis of Aerial Eradication Spray Events in the Vicinity of the Border Between Colombia and Ecuador from 2000 to 2008 (Jan. 2011) Annex 2 Durham K. Giles, Ph.D., Spray Drift Modeling of Conditions of Application for Coca Crops in Colombia (Jan. 2011) Annex 3 Stephen C. Weller, Ph.D., Glyphosate-Based Herbicides and Potential for Damage to Non-Target Plants Under Conditions of Application in Colombia (Jan. 2011) Annex 4 Henrik Balslev, Ph.D., The Vulnerability of the Ecuador-Colombia Border Region to Ecological Harm (Jan. 2011) Annex 5 Norman E. Whitten, Jr., Ph.D., Dr. William T. Vickers, Ph.D. & Michael Cepek, Ph.D., Tropical Forest Cultural Ecology and Social Adaptation in the Ecuadorian Border Region with Colombia (Jan. 2011) Annex 6 Charles A. Menzie, Ph.D. & Pieter N. Booth, M.S., Response to: “Critique of Evaluation of Chemicals Used in Colombia’s Aerial Spraying Program, and Hazards Presented to People, Plants, Animals and the Environment in Ecuador,” As Presented in: Counter-Memorial of the Republic of Colombia, Appendix (Jan. 2011) Annex 7 Reinhard Joas, Ph.D., The Development of the 2009 European Union Pesticides Directive With Particular Focus on Aerial Spraying (Jan. 2011) Annex 8 Claudia Rojas Quiñonez, Esq., The Aerial Spray Program and Violations of Colombia’s Domestic Laws Regarding the Environment and the Rights of Indigenous Peoples (Jan. 2011) Annex 1 R. John Hansman, Ph.D. & Carlos F. Mena, Ph.D., Analysis of Aerial Eradication Spray Events in the Vicinity of the Border Between Colombia and Ecuador from 2000 to 2008 (Jan. 2011) Annex 1 Analysis of Aerial Eradication Spray Events in the Vicinity of the Border Between Colombia and Ecuador from 2000 to 2008 January 2011 R. John Hansman Carlos F. 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Numerous, and in some cases pervasive, exceedances of territorial and operational criteria were observed in the data. There were 114,525 documented spray events within 10 km of the Ecuadorian border which sprayed an estimated 326,658 gallons (1,236,535 liters) of herbicide. A minimum of 25,050 spray events were observed within 2.7 km of Ecuadorian territory. During periods in which Colombia voluntarily suspended eradication within 10 km of the Ecuadorian border, 6,046 spray events were recorded. There were 1,078 spray events documented within 2 km of Ecuador’s National Parks or Indigenous Reserves and numerous spray events were observed within 2 km of communities in both Colombia and Ecuador. The operational parameters established by Colombia to control spray drift were routinely violated. Of the spray events for which data was recorded 96% (89,124 of 92,643 spray events) were flown higher than the 25 meter maximum ceiling referred to in Colombia’s submission to the Inter-American Commission on Human Rights. In addition, 17% (16,143) were higher than the 50 ft meter altitude ceiling referred to in the Counter-Memorial. These are conservative figures for the 2000 to 2008 period because the altitude data for two years (2001 and 2004) was not included as it could not be accurately analyzed due to lack of identification of altitude units (feet vs. meters) in the data set. Of the spray events for which data was recorded 69% (75,841 of 110,418 spray events) were flown faster than the 165 mph (265 km/hr) “maximum operational speed” and 10% (11,113) exceeded the 333 km/hr “worst case scenario” referenced in the Counter-Memorial. The 140 mph (225 km/hr) maximum speed reported by Colombia to the Inter-American Commission on Human Rights was exceeded in 98% (108,563) of the spray events. With respect to application rate, at least 27,429 documented spray events exceeded the 23.65 liters per hectare maximum application rate established by Colombia’s Environmental Management Plan. With respect to the time of day, a total of 24,540 spray events were recorded within 10 km of the Ecuador border during night time hours (8 pm to 4 am) when temperature inversions are most likely to occur. The data indicate that the AT-802 aircraft referenced in the Counter- Memorial was only used in 35% (38,142 of 110,418) of the spray events and 2 other aircraft types, the T-65 and OV-10 were used for a majority of the spray events. The OV-10 was designed as a military observation aircraft and it is unusual for it to be used in for aerial application of herbicides. Complete analysis of the spray events database was not possible because some information, such of the calendar day of the flight, was missing, and in other cases, other information,
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