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Beyond PIC -- New Convention May Include Export Bans
February 24, 1995
At the upcoming UN Environment Programme (UNEP) Governing
Council in Nairobi on May 15P26, 1995, it is likely that
delegates will vote to start the process to change the
current voluntary Prior Informed Consent (PIC) procedures for
chemicals and pesticides into a legally binding convention.
UNEP and UN Food and Agriculture Organization (FAO)
representatives have stated that they would like to see
negotiations on the new convention completed by 1997.
However, given the sentiment of participants at a December
1994 UNEP/FAO meeting in Geneva held to discuss the
possibility of such a convention, the limited scope and short
timeline may not be realistic. Rather, it is likely that many
delegates will push to expand the convention to include
prohibiting export of pesticides, chemicals and possibly
pharmaceuticals that are banned domestically; banning global
production and trade of the most dangerous chemicals; and
promoting alternatives to toxic chemicals. Consequently,
negotiating the convention is likely to take much longer than
planned, but could ultimately lead to a stronger, more
comprehensive agreement.
Under the FAO Prior Informed Consent procedures for
pesticides which came into effect in 1989, countries may act
to restrict import of certain banned and severely restricted
pesticides. In 1990, UNEP incorporated the same PIC
provisions covering all chemicals into the London Guidelines
for Exchange of Information on Chemicals in International
Trade; FAO and UNEP operate the scheme jointly. Although over
300 chemicals and pesticides are now on the list of
substances banned or severely restricted for human health or
environmental concerns in one or more countries, only 12
pesticides and five industrial chemicals have officially
entered the PIC procedure.
While there was widespread support at the December 1994
meeting to develop a binding convention on Prior Informed
Consent, there was also keen interest in going beyond PIC.
Issues discussed included export bans, global production and
trade bans of particularly hazardous products, toxic release
inventories, and non-toxic alternatives to PIC and other
chemicals. Discussion was charged from the outset when
Denmark and Malaysia proposed that the new convention
prohibit parties to the convention from exporting chemicals
which are banned, or not available for sale or use
domestically. A majority of countries, including nearly all
non-OECD (Organization for Economic Cooperation and
Development) country delegations, present at the December
meeting supported the Danish-Malaysian proposal.
Global phaseouts of both production and trade of some of the
most dangerous chemicals was seen as necessary to prevent
companies prohibited from exporting banned products from
simply relocating their production facilities to other
countries -- generally from richer to poorer countries, where
standards may be less strict, wages lower and environmental
and human health impacts associated with production and use
of the chemicals potentially more severe.
Participants at the Geneva meeting also discussed the need
for the new PIC convention to ensure that the public and
government have access to information on use and release of
toxic substances by companies through "toxic release
inventory" programs. Another area of concern was the need for
technical assistance that would provide adequate, up-to-date
information on alternatives to PIC-listed pesticides and
other toxic chemicals, and to ensure that adequate
infrastructure exists to implement the PIC program. Delegates
also supported the development of poisoning registries and
collection of import/export data by active ingredient.
As primary recipients of exported banned and severely
restricted chemicals and pesticides, it is critical that non-
OECD countries actively participate in the convention
negotiating process, starting with the May UNEP Governing
Council meeting in Nairobi. Countries and corporations that
are significant producers and exporters of banned and
severely restricted pesticides will be attending and will
play a major role in fighting against attempts to increase
the scope of the PIC convention.
NGOs working to eliminate hazardous pesticides and toxic
chemicals should urge their governments to make full use of
the current voluntary PIC scheme and to strongly support a
new convention which both strengthens PIC and goes beyond it.
NGOs should emphasize that the new convention should
eliminate hypocritical global "double standards" by
prohibiting trade in banned products, and promotion of non-
toxic alternatives. Finally, NGOs must fight to ensure that
the convention contains provisions enabling contracting
parties to implement global phaseouts of the production of
high hazard chemicals.
Source: Global Pesticide Campaigner, March 1995. (PANNA's
quarterly publication.)
Contact: Sandra Marquardt, Greenpeace International, 1436 U
St. NW, Washington, DC 20009; phone (202) 319-2472; fax (202)
462-4507; email smarquardt@igc.apc.org.
Cathy Fogel, Greenpeace International, Keizersgracht 176 1016
DW, Amsterdam, The Netherlands; phone (31-20) 523 6222; fax
(31-20) 523 6200.
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