1. Dangerous Substances International Environmental Law Lecture 8 Markus Gehring, Dr. jur (Ham) LL.M. (Yale) MA (Cantab) Deputy Director, Centre for European Legal Studies (CELS), University Lecturer in Law, Faculty of Law, & Law Fellow, University of Cambridge (Hughes Hall) Faculty of Law

2. Overview - Lecture 8 1.Introduction 2.Object and structure of international regulation 3.Basel Convention 4.Stockholm POPs Convention 5.Rotterdam PIC Convention 6.Minamata Convention on Mercury 7.IAEA Conventions on Nuclear materials 8.Conclusion

3. Introduction UNEP is a primary driving force in the UN system for international activities related to the sound management of chemicals.

4. Long history of domestic dangerous substance regimes – Silent Spring. Ch. 19 of Agenda 21 set the agenda for coming decades: “A substantial use of chemicals is essential to meet the social and economic goals of the world community and today's best practice demonstrates that they can be used widely in a cost-effective manner and with a high degree of safety. However, a great deal remains to be done to ensure the environmentally sound management of toxic chemicals, within the principles of sustainable development and improved quality of life for humankind. Two of the major problems, particularly in developing countries, are (a) lack of sufficient scientific information for the assessment of risks entailed by the use of a great number of chemicals, and (b) lack of resources for assessment of chemicals for which data are at hand. Six programme areas are proposed: (a) Expanding and accelerating international assessment of chemical risks; (b) Harmonization of classification and labelling of chemicals; (c) Information exchange on toxic chemicals and chemical risks; (d) Establishment of risk reduction programmes; (e) Strengthening of national capabilities and capacities for management of chemicals; (f) Prevention of illegal international traffic in toxic and dangerous products. Agenda 21

5. Introduction Exponential growth – Global chemical output (produced and shipped) was valued at US$171 billion in 1970. By 2010, it had grown to $4.12 trillion - OECD’s share decreased from 77% to 63% and the share of the BRIICS countries (Brazil, Russia, India, Indonesia, China, and South Africa) increased from 13% to 28%. see Global Chemical Outlook; Environmental risks from toxic substances are international because: The release of POPs and others have long term cumulative effects over wide area. Although originating in industrial centres, they can reach distant countries by air or through animal or human transport. Many countries are not well equipped to deal with these toxins or underestimate the risks. Precaution is central to this area of law.

7. Object and structure of international regulation

8. Object and structure of international regulation Focus here is on the regulation of certain substances and activities with specific hazards or risks, not with a view to a specific environmental outcome but rather the environment or public health in general. Risk assessment – evaluation of potential risks. Risk management – evaluation of socio-economic factors including use. Toxicity of a substance – later also carcinogenicity and endocrine disruption. Better science and better domestic laws. Often case by case rules – 248000 chemicals of which about 120 are regulated by IL. Attempt to develop global regulation – voluntary instruments. New approach EU REACH (Registration, Evaluation, Authorisation & restriction of CHemicals).

9. 3. Basel Convention & Hazardous Waste The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 1989 In the late 1980s, a tightening of environmental regulations in industrialized countries led to a dramatic rise in the cost of hazardous waste disposal. Searching for cheaper ways to get rid of the wastes, “toxic traders” began shipping hazardous waste to developing countries and to Eastern Europe. When this activity was revealed, international outrage led to the drafting and adoption of the Basel Convention. Principally concerned with authorization of shipments and now a full-fledged Basel ban on the export of certain hazardous wastes. “Scope of the Convention: 1. The following wastes that are subject to transboundary movement shall be “hazardous wastes” for the purposes of this Convention: (a) Wastes that belong to any category contained in Annex I, unless they do not possess any of the characteristics contained in Annex III; and (b) Wastes that are not covered under paragraph (a) but are defined as, or are considered to be, hazardous wastes by the domestic legislation of the Party of export, import or transit.”

10. 3. Basel Convention – Annex I (excerpt) Clinical wastes from medical care in hospitals, medical centers and clinics Wastes from the production and preparation of pharmaceutical products Waste pharmaceuticals, drugs and medicines … Waste mineral oils unfit for their originally intended use Waste oils/water, hydrocarbons/water mixtures, emulsions Waste substances and articles containing or contaminated with polychlorinated biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs) Wastes from production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives Waste chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known Wastes of an explosive nature not subject to other legislation Residues arising from industrial waste disposal operations

11. POPs Convention

12. BACKGROUND 4 characteristics for POPs > POPs remain intact in the environment for a long time. PERSISTENCE > POPs become widely distributed throughout the environment. BIOACCUMULATION  POPs accumulate in fatty tissue of living organisms. Slides from the Stockholm Convention Secretariat LONG-RANGE TRANSPORT > POPs are toxic to humans and wildlife. ADVERSE EFFECTS POPs are carbon-based compounds characterized by:

13. BACKGROUND Release and dispersion of POPs POPs can be released into the environment, transported, and redeposited in water and on land far from their sources.

14. BACKGROUND Transport through the food chain Effects shown in food chain far away from any potential source.

15. BACKGROUND Effects of POPs on wildlife/humans Cancers Birth defects Dysfunctional immune, development, and reproductive systems Fertility problems Disease susceptibility Diminished intelligence ANIMALS HUMAN BEINGS

16. BACKGROUND Endocrine disruption mechanisms RESPONSE Normal process RESPONSE Mimicking hormones NO RESPONSE Inhibiting hormones

17. BACKGROUND Milestones 70’s & 80’s - Many governments take national action. 90’s - Work on POPs begun in various forums. > concludes that urgent global action on the 12 POPs was warranted; > develops recommendations. > Establishes POPs Intergovernmental Negotiating Committee (INC) to develop global POPs treaty. February 1997 - UNEP/GC Decision 19/13C > 129 countries participated in the Conference; > 92 countries and the EC signed the treaty. May 2001 - Conference on Stockholm Convention 1962 - Rachel Carson’s “Silent Spring”. June 1996 - Intergovernmental Forum on Chemical Safety

18. STOCKHOLM CONVENTION Overview of the Convention Adopted in May 2001, entered into force in May 2004. Status of participation (2006): 151 signatures, 124 Parties. Objective (Article 1) : “ To protect human health and the environment from persistent organic pollutants. ” 3 groups of chemicals: > Annex 1: Intentionally produced chemicals to be eliminated. > Annex 2: Intentionally produced chemicals with restrictions. > Annex 3: Unintentionally produced chemical. Parties are obliged to take measures to reduce or eliminate releases of POPs covered by the convention.

19. STOCKHOLM CONVENTION 12 chemicals targeted Annex A - Intentionally produced chemicals that need to be eliminated. AldrinX ChlordaneX DieldrinX EndrinX HeptachlorX MirexX ToxapheneX Hexachlorobenzene (HCB)X X X Polychlorinated biphenyl (PCBs) X X Pesticides Industrial chemicals By-products DDTX Annex B - Intentionally produced chemicals with restrictions. Chlorinated dioxins X Chlorinated furans X Annex C - Unintentionally produced chemicals.

20. STOCKHOLM CONVENTION Requirements for different kinds of POP > Its production and use of chemicals in Annex A; > Its import and export of chemicals in Annex A. ANNEX A - Each Party shall prohibit and/or take the legal and administrative measures necessary to ELIMINATE: ANNEX B - Production and use of chemicals in Annex B should be ELIMINATED, EXCEPT FOR “acceptable purposes”: > Currently listed: only DDT used for disease vector control. > Industry must cease production of new PCBs immediately; > Industry must eliminate use of in-place PCB equipment by 2025; > Industry must achieve the environmentally sound management of PCB wastes as soon as possible and latest by 2028. ANNEX C - Parties are to take measures to MINIMIZE or ELIMINATE releases of the unintentionally produced POPs.

21. STOCKHOLM CONVENTION Unintentionally produced POPs Manufacturing process where use of chlorine-containing materials is essential: > Pulp & paper (bleaching) > Chlorinated chemical productions (synthesis of chlorinated aromatic chemicals, chlorinated solvents, PVC,..) > Oil refining and catalyst generation Production application/use with chlorine-containing materials: > Preservation of wood, leather, textiles > Textile and leather dying > Industrial bleaching processes > Processes which involves solvents > Water and wastewater disinfection Thermal processes with chlorine-containing materials incidentally present Other thermal processes > Metallurgical process, primary and secondary processes (Cu, Fe, Al, Zn) > Coke production and carbo-chemical processes > Mineral processing; especially cement kilns Controlled combustion processes: > Waste incineration > Coal and oil combustion > Landfill gas/biogas Priority focus for Cleaner Production

22. STOCKHOLM CONVENTION POP as by-products To reduce release of POPs BY-PRODUCTS, each Party shall: > Develop and implement an action plan to evaluate release and then take steps to address them; > Promote application of measures to achieve realistic and meaningful levels of release reduction or source elimination; > Promote development and use of substitute or modified materials, products and processes to prevent release of POPs.

23. STOCKHOLM CONVENTION Stockpiles and wastes To manage STOCKPILES and WASTE, each Party shall: > Develop strategies for identifying stockpiles, products and wastes containing POPs; > Manage POPs stockpiles and wastes in an environmentally sound manner; > Dispose of POPs wastes in manner consistent with international rules; > Disposal that recycles POPs is not permitted; > Transport of POPs wastes is not permitted without taking into account international rules.

24. STOCKHOLM CONVENTION Identifying new POPs PROCEDURE for adding new POPs to the Convention : > Any Party may submit a proposal for listing chemicals in Annexes A, B or C; > POPs Review Committee is to be set up under the COP to review submissions, develop risk profiles and risk management evaluations and make recommends to COP; > COP makes decision, Convention must be amended accordingly (ratification required). 5 CANDIDATES are under consideration to join the initial list : > Chlordecone (synthetic chlorinated organic compound) > Hexabromobiphenyl (flame retardant for synthetic fibres and plastics) > Pentabromodiphenyl (flame retardant) > Lindane (pesticide) > Perfluorooctane sulfonate (PFOS)

25. IMPLEMENTATION Financial resources > Parties from developed countries shall provide new and additional funding to developing countries and countries with economies in transition. DEVELOPED COUNTRIES FINANCIAL MECHANISM GLOBAL ENVIRONMENT FACILITY (GEF) > On an interim basis GEF will serve as the principal financial mechanism of the Convention until the COP decides on the institutional structure of the permanent financial mechanism. > There will be a financial mechanism established under the treaty (undefined yet) to assist countries in its implementation.

26. IMPLEMENTATION General provisions COMMITMENTS of the Parties : > Develop a NIP (National Implementation Plan); > Facilitate information exchange; > Promote public information, awareness and education; > Encourage research, development and monitoring; > Report to COP on measures taken; > Evaluate effectiveness of the treaty; > Provide technical assistance to developing countries and countries with economies in transition; > Promote technology transfer.

27. PIC Convention Dirty 12 http://www.pic.int/TheConvention/Chemicals/AnnexIIIChemicals/tabid/1 132/language/en-US/Default.aspxhttp://www.pic.int/TheConvention/Chemicals/AnnexIIIChemicals/tabid/1 132/language/en-US/Default.aspx Why Asbestos is not on the list… Following - slides from the Rotterdam Convention Secretariat

28. Brief History Some key dates for the Rotterdam Convention: September 1998 Text of the Convention adopted 1998-2004Interim PIC procedure (voluntary) 24 February 2004 Convention enters into force (legally binding) 24 February 2006End of the transition period

29. 29 Objectives To promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals in order to protect human health and the environment from potential harm and to contribute to their environmentally sound use

30. Rotterdam Convention 30 Meeting the Objectives How Provides an early warning of potentially hazardous chemicals Provides the basis for decisions regarding of future imports of chemicals (PIC procedure) Helps to enforce those import decisions

31. Rotterdam Convention 31 Scope of the Convention Applies to: Chemicals banned or severely restricted to protect human health or the environment Severely hazardous pesticide formulations (SHPF) - causing problems under conditions of use in developing countries or countries with economies in transition

32. Rotterdam Convention 32 Key Provisions PIC procedure - Provides for a national decision making process on import of hazardous chemicals in Annex III and attempts to ensure compliance with these decisions by exporting Parties Information exchange - the exchange of information on a broad range of potentially hazardous chemicals

33. Rotterdam Convention 33 Overview of Articles Article 1- 4: Objective, definitions, scope and DNAs role Article 5-14: Procedures for inclusion and removing of chemicals and for export and import of chemicals Article 15-30: General obligations and common clauses

34. Rotterdam Convention 34 Overview of Annexes Annex IInformation requirements for notifications made pursuant to Article 5 Annex II Criteria for listing banned or severely restricted chemicals in Annex III Annex IIIChemicals subject to the PIC procedure Annex IV Information and criteria for listing severely hazardous pesticide formulations in Annex III Annex V Information requirements for export notification Annex VISettlement of Disputes

35. Rotterdam Convention 35 Key Provisions PIC procedure - Provide for a national decision making process on import of hazardous chemicals in Annex III and to ensure compliance with these decisions by exporting Parties Information exchange - the exchange of information on a broad range of potentially hazardous chemicals

36. Rotterdam Convention 36 Key provision: PIC Procedure Key elements Decision Guidance Documents (DGD) Import response PIC Circular Responsibilities of importing and exporting Parties

37. Rotterdam Convention 37 Key provision: PIC Procedure Decision Guidance Documents (DGD) describes the reasons for national actions to ban or severely restrict the chemical that were the basis for the chemical being listed in Annex III lists what uses have been prohibited and what if any uses remain in the notifying Parties as well as information on alternatives contains basic information about the chemical including a summary of the principal toxicological and eco-toxicolgical properties further sources of information including evaluations from internationally recognized sources e.g. WHO/IPCS

38. Rotterdam Convention 38 Key provision: PIC Procedure Import response (Article 10) shall consist of either: Final decision to consent to import not to consent to import to consent subject to specified conditions Interim response, including an interim decision to import or not to import a statement that a final decision is under consideration a request for further information a request for assistance in evaluating the chemical

39. Rotterdam Convention 39 Key provision: PIC Procedure PIC CIRCULAR (Articles 10 and 11) Issued every six months, December and June, sent to all DNAs and posted on website Provides Parties with listing of all import decisions Updated list of Designated National Authorities Key document - basis for compliance with the import decisions

40. Rotterdam Convention 40 Key provision: PIC Procedure Importing Party Responsibilities Article 10  ensure that importers, relevant authorities and where possible users are informed of import responses received  ensure that import decisions apply uniformly to imports from all exporting countries and  to any domestic manufacturing of the chemical for domestic use

41. Rotterdam Convention 41 Key provision: PIC Procedure Exporting Party Responsibilities Articles 11 & 13  implement legislative and administrative measures to communicate import decisions within its jurisdiction  take appropriate measures to ensure that exporters comply with import decisions  ensure appropriate labeling and information accompanies exports

42. Rotterdam Convention 42 Key provision: PIC Procedure Exporting Party Responsibilities Advise and assist importing Parties to obtain further information to help them make import decisions to strengthen their capacities and capabilities to manage chemicals safely

43. Rotterdam Convention 43 Key provision: PIC Procedure SUMMARY 1.COP decides to make a chemical subject to the PIC Procedure 2.Secretariat circulates a DGD to all Parties 3.Parties submit import response for each chemical 4.Secretariat circulates all import responses to all Parties through the PIC Circular 5.Parties follow up on import / export responsibilities

44. Rotterdam Convention 44 Key provision: Information Exchange Mechanism for the exchange of information on a broad range of potentially hazardous chemicals any chemical that is banned or severely restricted to protect human health or the environment severely hazardous pesticide formulations causing problems under the conditions of use

45. Rotterdam Convention 45 Key provision: Information Exchange SUMMARY PIC Circular – summaries of notifications of national regulatory actions, import responses, contact details DNAs Export notification – an indication of the hazardous chemicals that are entering the country Information to accompany export – improved labeling and accompanying information in line with GHS, while HS Codes linked to work of the WCO will facilitate tracking of PIC chemicals

46. Minamata Convention on Mercury Opened for signature in Oct 2013 – 1 Ratification by the USA Article 1 Objective: The objective of this Convention is to protect the human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds. Article 3 Mercury supply sources and trade - 3 Each Party shall not allow primary mercury mining that was not being conducted within its territory at the date of entry into force of the Convention for it. 4. Each Party shall only allow primary mercury mining that was being conducted within its territory at the date of entry into force of the Convention for it for a period of up to fifteen years after that date. During this period, mercury from such mining shall only be used in manufacturing of mercury-added products in accordance with Article 4, in manufacturing processes in accordance with Article 5, or be disposed in accordance with Article 11, using operations which do not lead to recovery, recycling, reclamation, direct re-use or alternative uses.

47. Minamata Convention on Mercury Art. 3.5 Each Party shall: (a) Endeavour to identify individual stocks of mercury or mercury compounds exceeding 50 metric tons, as well as sources of mercury supply generating stocks exceeding 10 metric tons per year, that are located within its territory; (b) Take measures to ensure that, where the Party determines that excess mercury from the decommissioning of chlor-alkali facilities is available, such mercury is disposed of in accordance with the guidelines for environmentally sound management referred to in paragraph 3 (a) of Article 11, using operations that do not lead to recovery, recycling, reclamation, direct re- use or alternative uses. 6. Each Party shall not allow the export of mercury except: (a) To a Party that has provided the exporting Party with its written consent [etc …]

48. IAEA Conventions on Nuclear materials Safety and Security (inter alia): Convention on Early Notification of a Nuclear Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency Convention on Nuclear Safety Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management Convention on the Physical Protection of Nuclear Material Amendment to Convention on the Physical Protection of Nuclear Material Vienna Convention on Civil Liability for Nuclear Damage Protocol to Amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage Convention on Supplementary Compensation for Nuclear Damage Optional Protocol Concerning the Compulsory Settlement of Disputes to the Vienna Convention on Civil Liability for Nuclear Damage Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter

49. Conclusion Strategic Approach for International Chemicals Management. Synergies need to be explored between the chemicals conventions. Is an integrated approach possible? See nuclear materials. Global REACH approach? Cadmium and lead are next?

50. Many thanks mwg24@cam.ac.uk