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Highlights of the PIC- INC 11

Under the Rotterdam convention, 14 pesticides and chemicals were included to the list of toxic substances. Under the Convention, such substances can only be exported from one country to another with the permission of the government of the importing state. It was stressed by Dr. Jim Willis, UNEP-Chemicals Executive Director that the action will reduce the risk of people’s exposure to a number of dangerous chemicals that are still in widespread use.

The decision takes 41 the number of products, including several types of asbestos, regarded as a major agent of cancer, which cannot be moved freely across borders under the treaty. However, Chrysotile Fibres, the most common form of asbestos was again dropped after producing countries, including Canada and Russia blocked its inclusion at the preparatory meeting. Decisions under the 1998 Treaty, as officially the Rotterdam convention on the Prior Informed Consent (PIC) Procedure are taken by consensus.

Conservationist group like the WWF reacted angrily to its exclusion, saying chrysotile must be eliminated in commerce as 94 % of world consumption of asbestos is considered high risk, taking into consideration the ratification of more than 70 countries that allows global restrictions on any substances which is already banned or restricted in any two UN regions. In the case of the Chrysotile, three regions, Australia, Chile and the EU had taken action based on the findings that the said chemical is carcinogenic.

Canada and the Russian Federation’s objections to the listing of Chrysotile must be looked deeper, considering that findings presented by other international bodies like the WHO. In the light of the decision for the exclusion of the Chrysotile, it was agreed that further studies must be made and to proceed to the COP 1.

Highlight of the COP 1

The Philippines is not yet a party to the convention and attended the COP 1 as observer.

The first Conference of the Parties (COP 1) to the Rotterdam Convention on the Prior Informed Consent (PIC) procedure for Certain Hazardous Chemicals and Pesticides in International Trade was held in Geneva from 20-24 September 2004. Mr. Van der Graff, Joint Executive Secretary for the Secretariat of the Rotterdam Convention (FAO), welcomed the delegates to the COP 1 and introduced the speakers. Mr. Kakakhel, UNEP Deputy Director cited the importance of the Rotterdam Convention as an effort to provide a lasting solution to the problems posed by hazardous chemicals and pesticides and coordination among international efforts to manage chemicals.

Delegates elected Philip Roch (Switzerland) as President of the COP 1 and Dessalegne Mesfin (Ethiopia), Yusef Shuraki (Jordan), Maria Teriosina (LIthuiania) and Ma. Celina de Azevedo Rodrigues (Brazil) as Bureau representatives. Delegates adopted the agenda (UNEP/FAO/RC/COP1/1) with an amendments deleting a reference to chrysotile asbestos under item 6 (chemicals included by the INC 11).

Likewise, it was agreed to create a Committee of the Whole chaired by Ms.Rodrigues with a mandate to prepare a package of decisions for consideration at the ministerial segment to be held before the end of the COP1. With reference to the note on adoption of the rules of procedure for the Conference of the Parties, President Roch noted the use of two-thirds majority voting in cases of non-consensus on substantive issues, remained unresolved. Advocating the principle of decision making by consensus, Australia, supported by Malaysia and Jordan, objected to text on voting and supported the formation of legal group to address question. Egypt identified inconsistencies in the text and proposed further discussion in a legal group.

Intergovernmental Negotiating Committee (INC) Chair de Rodrigues reported on the achievements of the INC. She highlighted, among others the setting of the Interim
Chemical Review Committee (ICRC), which reviewed and prepared decision guidance documents for the inclusion of 14 additional chemicals, the preparation of draft rules of procedure; the adoption of the draft financial rules for the operation of the Convention as well as the draft procedure for compliance, dispute settlement, conciliation and arbitration which have been submitted for consideration by the COP 1.

Matters Stipulated by the Convention

The Physical location of the Secretariat will be at Geneva-Rome as a joint proposal, overruled the bid of Germany to host the Secretariat in Bonn as a result of the votes cast in a sealed box. The decision was a majority decision by the parties. Bill Murray, Secretariat introduced the documents on the chemicals listed in Annex 111 by the COP under Art. 8 (Chemicals in the voluntary PIC Procedure). He noted that 14 Chemicals introduced in the voluntary PIC procedure proposed for inclusion are: binapacryl, toxaphane, ethylene dichloride, ethylene oxide, monocrotophos; DNOC and its salts; dustable powder formulations containing specific amounts of benomyl, carbofuran, and thiram;
actinolite, anthophyllite, amosite and tremolite asbestos; tetraethyl and tetramethyl lead, and parathion.

The EC supported the addition of the 14 chemicals as proposed, and suggested that the COW examine a way to clarify the situation of monocrotophos and parathion to avoid confusion by Parties when preparing their import responses.

On the adoption of financial rules for the COP and its subsidiatry bodies, and financial provisions governing the Secretariat, Masa Nagai, Secretariat introduced the draft financial rules. Delegates agreed to forward the draft financial rules to the legal group discussion with the understanding that they will then be considered by the budget group.

The COP session was marked by confusions from some of the delegates over the propose PIC Regions. Several delegates stressed the PIC regions would be used solely for the purpose of making notifications for including new chemicals in Annex 111 and are not intended to apply to the composition of the Convention bodies such as the CRC.