For the protection of the environment and reasons of economy, this document is printed in limited number. Delegates are kindly requested to bring

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1 Chemical Safety in a Vulnerable World 1-7 November 2003 Bangkok, Thailand Basel Convention and the Development of the Strategic Approach to International Chemicals Management Submitted by: Secretariat of the Basel Convention R O O M D O C U M E N T For the protection of the environment and reasons of economy, this document is printed in limited number. Delegates are kindly requested to bring their copies to the meeting and not to request additional copies

2 BASEL CONVENTION AND THE DEVELOPMENT OF THE STRATEGIC APPROACH TO INTERNATIONAL CHEMICALS MANAGEMENT Note prepared by the Secretariat of the Basel Convention I. BACKGROUND 1. At its twenty-first session, held in February 2001, the UNEP Governing Council adopted decision 21/7, in which it requested the Executive Director, in consultation with Governments, the Inter-Organization Programme for the Sound Management of Chemicals (IOMC), Intergovernmental Forum on Chemical Safety (IFCS) and other relevant organizations and stakeholders to examine the need for a strategic approach to international chemicals management and to prepare a report on that subject for detailed consideration at the seventh special session of the Governing Council/Global Ministerial Environment Forum in In addition, the Governing Council urged Governments, IOMC, IFCS and other relevant organizations and stakeholders to participate actively in that process. 2. In February 2002, in its decision SS.VII/3, the Governing Council/Global Ministerial Environment Forum decided, at its seventh special session, that there was a need further to develop a strategic approach to international chemicals management and endorsed the IFCS Bahia Declaration on Chemical Safety and Priorities for Action beyond 2000 as the foundation of that approach. Among other things, the Council requested the Executive Director of UNEP to identify concrete projects and priorities in the context of a strategic approach to international chemicals management, working with key partners such as the secretariats of the Rotterdam Convention, the Stockholm Convention and the Basel Convention and IFCS; and, together with IFCS and IOMC, to convene an open-ended consultative meeting involving representatives of all stakeholder groups, subject to the availability of extrabudgetary resources, to contribute to the further development, based on those analyses, of a strategic approach to international chemicals management. 3. In the same decision, the Council underlined that the strategic approach to international chemicals management should promote the incorporation of chemical safety issues into the development agenda and identify concrete proposals for strengthening capacity for the sound management of chemicals and the related technologies in all countries, taking into account the vast difference in capabilities between developed and developing countries in that field, and urged Governments, IOMC, IFCS and other relevant organizations and stakeholders to participate actively in that process. 4. In September 2002, at the World Summit for Sustainable Development in Johannesburg, Governments adopted the Plan of Implementation, 1 which, in its chapter III, Changing unsustainable patterns of consumption and production, endorsed the further development by 2005 of a strategic approach to international chemicals management, based on the IFCS Bahia documents, and urged UNEP, IFCS, other international organizations dealing with chemicals management and other relevant international organizations and actors to cooperate closely in that regard, as appropriate. 5. The Plan of Implementation of the Johannesburg Summit also identified the need to increase efforts to achieve sustainable consumption and production (paragraph 15); cleaner production processes and methods (paragraph 16); prevention and minimization of the generation of wastes (paragraph 22); and the sound management of chemicals within the Africa region, with particular focus on hazardous chemicals and 1 Report of the World Summit on Sustainable Development, Johannesburg, South Africa, 26 August 4 September 2002 (United Nations publication, sales No. E. 03. II. A. 1 and corrigendum), chap. I, resolution 2, annex. 2

3 wastes, inter alia, through initiatives to assist African countries in elaborating national chemical profiles and regional and national frameworks and strategies for chemicals management and establishing chemical focal points (paragraph 68). Paragraph 23 of the Plan of Implementation of the Johannesburg Summit also envisage that by 2020, chemicals should be used and produced in ways that lead to the minimization of significant adverse effects on human health and the environment; encourage coordination between the Rotterdam Convention on PIC and the Stockholm Convention on POPs; implement the new globally harmonized system with a view to having it fully operational by 2008; promote partnerships for environmentally sound management of chemicals and wastes; encourage development of coherent and integrated information on chemicals; and promote reduction of the risks posed by heavy metals. 6. In February 2003, at its twenty-second session, the Governing Council adopted its decision 22/4, in which it agreed to proceed with the further development of a strategic approach to international chemicals management and stressed that its scope should be clearly defined and take into account economic, social and environmental aspects of chemicals management, with a view to contributing to sustainable development, and decided that this approach should be regularly reviewed to assess progress on chemical safety, in the light of the targets set at the Johannesburg Summit and in cooperation with other relevant processes. In addition, the Governing Council noted the importance of coordination between the development of a strategic approach to international chemicals management and the work of the Rotterdam Convention, the Stockholm Convention, the Basel Convention and the Vienna Convention and its Montreal Protocol, with due regard to their respective mandates, and requested the Executive Director to compile possible draft elements of a strategic approach to international chemicals management for consideration by the first preparatory meeting and invited Governments, relevant international organizations and other actors to contribute to that compilation. It called upon the Executive Director to strive to ensure that the process of further developing a strategic approach to international chemicals management remained open, transparent and inclusive, providing all stakeholders with opportunities to participate in the substantive work. 7. Discussions will commence at the first preparatory meeting, to be held in Bangkok from 9 to 13 November 2003, and will culminate in an international conference to be held around the end of II. GOVERNMENT VIEWS ON THE STRATEGIC APPROACH TO NTERNATIONAL CHEMICALS MANAGEMENT 8. Based on the invitation by UNEP, several Governments offered their views on the strategic approach to chemicals management, among which the following points could be highlighted: (a) A strategic approach was needed in order to establish priorities in international chemicals management or to address the priorities for action already identified by IFCS at its third session Forum III in Bahia in 2000; (b) Further work should focus on high-volume toxic chemicals and those recognized in existing multilateral environmental agreements; (c) The improvement of domestic programmes through capacity-building is central to accomplishing national and IFCS priorities; (d) Communication must be facilitated among all stakeholders so as to identify priorities in chemicals management beyond a cradle-to-grave framework; (e) Efforts should be made to improve coordination and cooperation among existing chemicals management bodies and programmes, to identify gaps, to reduce duplication and to maximize institutional efficiency and synergies; 3

4 (f) The establishment of an integrating mechanism for related legal instruments was more important than ever, in order to address the control of specific chemicals that the global community might decide required action, such as endocrine-disrupting chemicals or persistent non-organic pollutants, and future instruments dealing with general policy issues such as labelling and access to information; (g) Certain common issues covered by several chemicals-related conventions, such as import and export, destruction problems, illegal traffic, non-compliance, dispute resolution, liability, institutional strengthening and financial assistance to developing countries, warranted a strategic approach. This would reduce secretariat costs and centralize negotiations on common issues; (h) The strategic approach should be limited to the impact of chemicals in relation to the global environment. This would provide an extremely important basis for global management of environmental protection and for action by member States, and would complement existing international instruments such as those developed for the work-place. One non-governmental organization foresaw a more integrated approach to saving resources while strengthening existing chemical safety initiatives; (i) The development of a strategic approach was seen by some Governments as appropriate for the next phase of work on international chemicals management, building on the legal regime created by the Rotterdam, Stockholm and Basel conventions, and the Protocol on Persistent Organic Pollutants to the Convention on Long-range Transboundary Air Pollution, negotiated under the United Nations Economic Commission for Europe; (j) There were a number of issues requiring a general approach, e.g., capacity-building in developing countries and countries with economies in transition, cooperation with industry, industry responsibility, liability, financial support for chemicals management in developing countries, and the relationship between Governments and science; (k) The strategic approach was useful for coordinating action at the national, regional and global levels, and ensuring the involvement of Governments, the public and other stakeholders in chemicals management. Several Governments commented that a strategic approach at the international level would be in line with their efforts at the national level, for example, to involve various ministries and other stakeholders in chemicals management and to modernize environment regulations so as to optimize institutional and information resources and reduce administrative costs; (l) The strategic approach would assist the regulation of matters such as dumping, disposal, and pesticide residues in food, help ensure that all countries were privy to information on recent research findings and disposal procedures, and allow for universal standards and a penalty system; (m) The approach would provide an additional tool in the treatment and control of substances covered by the conventions and other agreements; (n) Attention should be given to the potential role of a strategic approach to international chemicals management with regard to assistance for and protection of developing countries, such as the resources, legal framework, technical capacity and information needed for the safe management of chemicals in their manufacture, sale, movement and use. Some developing countries also sought protection from the dumping of pesticides and export of chemicals already banned in the country of origin, or of products with unpublished findings of ill effects. A number of Governments requested that the particular vulnerability of small island developing States be taken into account; (o) The strategic approach to international chemicals management would help address the issue of illegal traffic and facilitate the enforcement of compliance with multilateral environmental agreements in general; and 4

5 (p) Industries would find a common global approach beneficial in improving world chemical safety, while safeguarding the economic interests of States and the private sector. III. MAIN ISSUES TO BE ADDRESSED IN THE STRATEGIC APPROACH OF DIRECT RELEVANCE TO THE BASEL CONVENTION 9. Of major interest to the Parties to the Basel Convention is the identification of the main international initiatives or programmes e.g., IFCS, IOMC, SAICM, the Globally Harmonized System for the Classification and Labelling of Chemicals (GHS) and the Pollutant Release and Transfer Register in which the waste dimension needs to be adequately taken into account to meet the goals of the strategic approach to international chemicals management, as well as those of the Convention in the context of the life-cycle management of materials. 10. The general obligations of the Parties to the Basel Convention are to ensure the reduction of the generation of hazardous and other wastes, the availability of adequate treatment, recovery, recycling and disposal facilities for hazardous wastes, the minimization of the harmful consequences of pollution to human health and the environment, and the reduction of transboundary movements of such wastes, all of which necessitate an integrated approach to chemical and waste management. 11. The 1999 Basel Declaration on Environmentally Sound Management and the Strategic Plan to implement the Basel Convention (to 2010), adopted by the Conference of the Parties at its sixth meeting, provide the framework and foundation for Parties and other stakeholders, on the one hand, to enhance their capacity to implement the Convention and, on the other, to support the process of international environmental governance. 12. Both chemical and waste-related multilateral agreements should aim at a common resource mobilization strategy and not compete for the same sources of funding. This would send a strong message for an integrated and intelligent approach to waste and chemical issues. IV. POSSIBLE THEMES FOR INCLUSION UNDER THE STRATEGIC APPROACH 13. There are many topics which are already the subject of continuing work and cooperation and may be incorporated in a strategic approach to international chemicals management. A number of these also address hazardous waste issues, as described below: (a) Chemicals marketed could be formulated in such a way as to minimize problems or difficulties that may arise when they are disposed of. The environmentally sound management approach calls for such up-stream preventive measures by encouraging waste minimization, minimization of residues at source, recycling, and recovery. Cleaner production and a shift from highly toxic chemicals to those with lower toxicity or a shift to non-chemical alternatives would be other options. Towards this end, the use of economic instruments to promote good practices should be enhanced; (b) The control and stewardship of the entire chain covering the use, transport, storage, collection, reuse, recovery, recycling and final disposal of chemicals is essential to ensure health and safety and the sound management of hazardous and other wastes; (c) Further harmonization of classification schemes used internationally (e.g., GHS criteria and Basel Convention criteria) for hazardous characteristics would reinforce the capacity of States to implement 5

6 waste and chemical-related conventions or protocols. Efforts should be made to harmonize generic and technical terms and the chemical classification and labelling system; (d) Reporting requirements for chemicals and wastes could be further streamlined by harmonization of notification and assessment schemes through the Pollutant Release and Transfer Register and Articles 13 and 16 of the Basel Convention; (e) An overview of the current state of the best available practices and technologies used worldwide covering the wastes most commonly recovered or recycled would be of great benefit in developing a coherent, informed and practical approach to the issue of treatment and destruction technologies; (f) The coordination of the classification of chemicals, hazardous and other wastes with the nomenclature of the Harmonized System of the World Customs Organization (WCO) is an essential tool for enforcement. This will prevent illegal traffic and strengthen regional cooperation for the prevention of dumping and smuggling of hazardous substances; (g) The collection of data and analysis of the frequency of incidents and accidents involving transboundary movements of hazardous wastes, including their impact on health and the environment and related costs would contribute to improving environment-related emergency preparedness and response in the event of chemical and waste-related incidents and accidents; (h) Joint awareness and training programmes and capacity-building efforts between chemical and waste-related programmes could be strengthened with the active and coordinated support of chemicals and waste-related conventions to promote the ability of countries to manage such materials in an environmentally sound manner and elaborate cost-efficient methodologies and decision-making tools; and (i) The need to further develop and strengthen the international chemicals and waste cluster by enhancing linkages and close co-operation between the different relevant institutions and processes; (j) Cooperation with the World Trade Organization (WTO) in training and capacity-building related to trade and the environment in connection with the management of chemicals and hazardous wastes. V. POSSIBLE ROLE OF PARTIES TO THE BASEL CONVENTION 14. As mentioned above, the first preparatory meeting on the strategic approach to international chemicals management will be held in Bangkok from 9 to 13 November The meeting is important as it will decide on the scope of the strategic approach and, in the process, is likely to consider a broad spectrum of policy, coordination and capacity-building questions for adoption by the international conference in This preparatory meeting will provide an opportunity for Parties to the Basel Convention to ensure the effective management of chemicals throughout their life-cycle, including the environmentally sound management of wastes. 15. In conjunction with the first preparatory meeting on the strategic approach to international chemicals management, the Secretariat of the Basel Convention is planning a side event for non-governmental organizations, that will be held on 6 November 2003 in Bangkok at the fourth session of IFCS Forum IV. The objective of the side event will be to engage non-governmental organizations in discussions on the role of the Basel Convention in relation to the SAICM process and to ensure that waste minimization and prevention are considered in the wider debate about the life-cycle management of chemicals. 6

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