Persistent Organic Pollutants (POPs) - Evaluation of UNEP ... · Translation: Christine Schmitt...

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The Stockholm Convention (POPs Convention) An international, legally binding regulation for the global elimination of extremely dangerous pollutants .............................................. Hamburg, October 2001 Germany

Transcript of Persistent Organic Pollutants (POPs) - Evaluation of UNEP ... · Translation: Christine Schmitt...

Page 1: Persistent Organic Pollutants (POPs) - Evaluation of UNEP ... · Translation: Christine Schmitt Photographs: Beatrix Dreyer, Carina Weber, PAN Peru, UNEP ... can serve to eliminate

The Stockholm Convention(POPs Convention)

An international, legally binding regulation for the global elimination of extremely

dangerous pollutants

..............................................

Hamburg, October 2001

Germany

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HHHH aaaa mmmm bbbb uuuu rrrr gggg ,,,, OOOO cccc tttt oooo bbbb eeee rrrr 2222 0000 0000 1111

TTTT hhhh eeee SSSS tttt oooo cccc kkkk hhhh oooo llll mmmm CCCC oooo nnnn vvvv eeee nnnn tttt iiii oooo nnnn

( P O P s C o n v e n t i o n )

AAAA nnnn iiii nnnn tttt eeee rrrr nnnn aaaa tttt iiii oooo nnnn aaaa llll ,,,, llll eeee gggg aaaa llll llll yyyy bbbb iiii nnnn dddd iiii nnnn gggg rrrr eeee gggg uuuu llll aaaa tttt iiii oooo nnnn ffff oooo rrrr

tttt hhhh eeee gggg llll oooo bbbb aaaa llll eeee llll iiii mmmm iiii nnnn aaaa tttt iiii oooo nnnn oooo ffff eeee xxxx tttt rrrr eeee mmmm eeee llll yyyy dddd aaaa nnnn gggg eeee rrrr oooo uuuu ssss

pppp oooo llll llll uuuu tttt aaaa nnnn tttt ssss

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FFFF iiii rrrr ssss tttt oooo ffff aaaa llll llll aaaa bbbb iiii gggg tttt hhhh aaaa nnnn kkkk yyyy oooo uuuu to NOVIB and

to the Gesellschaft für TechnischeZusammenarbeit (gtz) - Pilot Project

Chemical Safety for their supportand to Liz Grundy for proof-reading

the English version.

© Pesticide Action-Network (PAN Germany)

Nernstweg 32, D-22765 Hamburg

Phone: 0049-(0)40-39 91 91 00

Fax: 0049-(0)40-390 75 20

Email: [email protected]

Homepage: www.pan-germany.org

October 2001

ISBN 3-9806254-4-3

Author: Carina Weber

Translation: Christine Schmitt

Photographs: Beatrix Dreyer, Carina Weber, PAN Peru, UNEP

Original version (German):Die Stockholm Konvention (POPs Konvention) - Eine international verbindliche

Regelung zur weltweiten Beseitigung von extrem gefährlichen Dauergiften,PAN Germany, Carina Weber, Hamburg, Juli 2001

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� TTTTaaaabbbblllleeee ooooffff ccccoooonnnntttteeeennnnttttssss

� P re fa ce 1

� I nt ro du ct io n 2

� W ha t ar e PO Ps ? 2

W ha t ar e th e ef fe ct s of P OP s? 3

� O ri gi n an d hi st or y of t he C on ve nt io n 3

� C on te nt o f th e Co nv en ti on 4

P re am bl e 4

A im o f th e Co nv en ti on 4

I mp le me nt at io n of t he C on ve nt io n 5

C he mi ca ls u nd er r eg ul at io n 5

A dd it io n of n ew c he mi ca ls t o th e Co nv en ti on 5

E xc ha ng e of i nf or ma ti on 8

R es ea rc h, d ev el op me nt , mo ni to ri ng 8

T ec hn ic al a ss is ta nc e & f i na nc in g 8

O th er i nt er na ti on al r eg ul at io ns 9

E nt ry i nt o fo rc e 9

� A g oo d Co nv en ti on ? 1 0

� N GO s: I mp or ta nt f or s uc ce ss 1 1

� B ey on d PO Ps 1 2

� A nn ex 1 : Ge ne ra ti on a nd u se o f PO Ps a nd s pe ci fi ce xe mp ti on s ac co rd in g t o th e St oc kh ol m Co nv en ti on 1 3

� A nn ex 2 : Th e IP EN S to ck ho lm D ec la ra ti on 1 5

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� PPPP rrrr eeee ffff aaaa cccc eeee

In 1985 the international Pesticide Action Network (PAN) started the campaign “The DirtyDozen”. This campaign targeted twelve pesticides with the aim of showing the problems andthe suffering caused by pesticide usage. “The DirtyDozen” pesticides demonstrate the extreme riskspesticides can constitute due to their acute toxic nature,which may cause damage to health and death, primarily inThird world countries. “The Dirty Dozen” also shows thatpesticides can be extremely long-lasting (persistent) andtherefore accumulate in the environment. Today they area burden on all life on earth.

The persistent pesticides included in the “The DirtyDozen” are now part of the Stockholm Convention. Theobjective of the Stockholm Convention is to eliminateextremely hazardous persistent pollutants worldwide. InMay 2001, the Stockholm Convention was signed withinthe framework of an international diplomatic conference.The Convention will come into force as soon as it hasbeen ratified by 50 nations. When this is accomplisheddepends on the goodwill and the commitment of thegovernments of each country.

Since negotiations on the Stockholm Convention started, the Pesticide Action Network and theInternational POPs Elimination Network (IPEN) have worked jointly to achieve the bestConvention possible. This commitment has been worth the effort.

From the point of view of PAN Germany, the Stockholm Convention is a legal instrument thatcan serve to eliminate persistent organic pollutants worldwide. However, the implementation ofthe Convention will not be easy. A lot of local, national and international commitment isnecessary to implement the Convention in such a way that there will be a successfulworldwide ban on dangerous persistent pollutants. Additionally, the complete and timelyfulfilment of the objectives of the Convention will also depend on the commitment of non-governmental, non-profit organisations (NGOs).

Carina Weber (PAN Germany)

“We are thrilled that with thisConvention, the international

community recognises the wisdomof banning an entire class of

chemicals and has given us thetools to make it happen. Ourglobal network will be actively

involved in the implementation ofthis treaty, participating in local

projects and national policy makingand monitoring progress around

the world.”

Kristin SchaferPOPs Programme Coordinator

PAN North America

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� IIII nnnn tttt rrrr oooo dddd uuuu cccc tttt iiii oooo nnnn

“Only decades agomost of the 12 POPs targeted for action under the POPs Convention did not exist,

and now they are in the air, water, soil around the planet - and in us all,and they last for generations.”

(Klaus Töpfer 2000, Executive Director of UNEP)

Toxic and persistent organic pollutants (POPs) jeopardisethe well-being of all life on earth. In May 2001, the“Stockholm Convention on Persistent Organic Pollutants”was signed by the representatives of the countries inStockholm, from which it takes its name. The signing ofthe Convention was the first step of a process that willfinally lead to the global ban on the generation, trade, useand storage of certain extremely hazardous persistentorganic pollutants. The negotiations had taken two and ahalf years and were successfully completed in December2000. During the whole of this time the figure of an Inuitmother and her baby was placed on the desk of theChairman of the negotiations, Mr. John Buccini. It hadbeen given to him at the start of the negotiations by arepresentative of the Inuit and became the symbol for thenegotiations on the POPs Convention. Why?

� WWWW hhhh aaaa tttt aaaa rrrr eeee PPPP OOOO PPPP ssss ????

Persistent organic pollutants (POPs) are toxic and, at the same time, long-lasting organicpollutants, such as certain pesticides and industrial chemicals. They also include harmful gases,e.g. the extremely dangerous Dioxins and Furans that are generated unintentionally and withoutany proper purpose during chemical production processes, combustion, incineration and alsoe.g. by crematoria.

Due to their resistance to degradation, these pollutants accumulate in the environment and aretransported by air, water or migrating living beings. By repeated evaporation and condensationthey may travel from the warmer regions of the earth, where they are emitted into theenvironment, to the cold poles. Thus, they end up in distant regions, e.g. from the tropics via theNorth Sea to the Inuit people in the North polar zone. In this area, they accumulate in water andin basic food like fish. The Inuit have never produced or used POPs themselves. However, theamount of POPs accumulated in the mother’s milk of the Inuit women is so high that the health oftheir babies is endangered by breast-feeding.

The indirect confrontation with POPs, for example by the uptake through food, is not the onlyhazard to human health, however. People are also jeopardised by the direct use of POPs, asfor example the application of pesticides in agriculture, primarily in developing countries.

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WWWW hhhhaaaa tttt aaaa rrrr eeee tttt hhhh eeee eeee ffffffff eeee cccc ttttssss ooooffff PPPP OOOOPPPP ssss ????

POPs accumulate, for example, in the fat tissue of all living beings. They interfere with thehormonal balance, can cause cancer and skeletal abnormalities and may impair the immunesystem. Those most affected are creatures situated at the end of the food chain like whales,seals and humans. The harmful effect of POPs is indisputable. For this reason, as early as thebeginning of the 90ties, the plan to eliminate such persistent pollutants worldwide came intobeing.

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The ground for the POPs Convention was prepared at the United Nations Conference forEnvironment and Development (UNCED) in Rio de Janeiro in 1992. The participants of thisconference agreed that “all people are entitled to a healthy and productive life in harmony withnature” (Rio Declaration, Principle 1). To fulfil this objective in the future, it was declared in Riothat the states should consider the “co-operation with developing countries through financialand technological support, to maximise the best practicable control and reduction of substancesand wastes that are toxic, persistent or liable to bio-accumulate“ (Agenda 21, Section 17.28g).

Starting point for the negotiations on the POPs Convention was the decision 19/13 C of theCouncil of the United Nations Environment Programme (UNEP) from July 2nd 1997. This decisionformed the legal basis for the start of a negotiation process lasting two and a half years. InDecember 2000, the negotiations were successfully completed in Johannesburg. After heateddiscussions, an agreement was reached during the last minutes that was worth the effort: withthe POPs Convention a foundation now exists which enables serious problems to be tackledthat are related to the existence of persistent pollutants.

In industrial countries, the production and the use of those 12 chemicals targeted by the POPsConvention so far (see Annex 1) are already banned or restricted to a large extent. In manydeveloping countries or countries with economies in transition, however, POPs are stillproduced or used, either as pesticides in agriculture, as wood preservatives, as anti-malariatreatment or in industry.

One further, large problem to be targeted by the Convention is the management of obsoletestockpiles and wastes containing POPs. More than 100.000 tons of old pollutants, the use ofwhich is now illegal, are often stored under uncontrolled and inadequate conditions. Accordingto the Food and Agriculture Organisation of the United Nations (FAO) this toxic waste hasaccumulated during the past 30 years and is still increasing. It consists e.g. of the pesticidesAldrin, Chlordane, DDT, Dieldrin, Endrin and Heptachlor that are now addressed by theStockholm Convention. In Africa, for example, toxic wastes are often stored in simple clay orstraw huts. Many metal containers are rusty and leak. This leads to the intoxication of humansand to severe contamination of the environment.

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� CCCC oooo nnnn tttt eeee nnnn tttt oooo ffff tttt hhhh eeee CCCC oooo nnnn vvvv eeee nnnn tttt iiii oooo nnnn

The POPs Convention consists of three parts:

• the preamble that describes the objective, the background and the framework of theConvention

• 30 articles that constitute the actual wording of the law• 6 annexes (A to F) that put important statements of the law in more concrete terms.

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The preamble explains why the Convention should not only come into force immediately, butalso why it should be implemented as soon as possible. It concludes that a stop in productionand use of POPs is only feasible if non-polluting, alternative methods and chemicals are used ordeveloped.

It is emphasised that:

• POPs do not only pose a problem locally, around the sources of release, but have alreadyspread globally

• the use of POPs is a hazard to human health, primarily in developing countries and inparticular to women and their children, our future generations

• POPs pose a particular risk to arctic ecosystems and to indigenous communities.

The preamble defines those responsible for contributing to the solution of the problems. Theyhave to take into account all chemical transformations of POPs “from cradle to grave”. Thestakeholders in charge are the Parties1 and government representatives, but also and inparticular the private sector such as industrialcompanies that use, produce or emit POPs intowater or air. Other non-governmentalorganisations, e.g. environmental organisationsand the public, are asked for their commitmentas well.

Furthermore, the preamble refers to the PolluterPays Principle that is part of the Rio Declarationof 1992. It constitutes that in principle thepolluter is responsible for the costs foreliminating the damage he caused (see box).

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The POPs Convention is a means of targeting global environmental problems caused by thepersistence of organic pollutants and of preventing further health damage in humans andwildlife. The Precautionary Principle of the Rio Declaration (see box on next page) is thefoundation for its objective (Article 1) and for the listing of new chemicals (Article 8).

1 “Party“ means a State or regional economic integration organisation that has consented to bebound by this Convention and for which the Convention is in force.

Polluter Pays Principle

“National authorities should endeavour topromote the internalisation of environmentalcosts and the use of economic instruments,taking into account the approach that the

polluter should, in principle, bear the cost ofpollution, with due regard to the public

interest and without distorting internationaltrade and investment.”

Principle 16, Rio Declaration

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The implementation of the Convention canstop the production and the use of POPs andbring on the destruction of obsoletestockpiles. Furthermore it can also preventthe release of completely new POPs into theenvironment. This can only be donesuccessfully, however, if measures aretaken on a global level and if the commitmentof the industrial nations to support poorer andless resourceful countries is implemented aswell.

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According to Article 7 of the Stockholm Convention, each Party shall:

• develop a plan for the implementation of the obligations it agreed to with the ratification ofthe Convention

• transmit its implementation plan to the Conference of the Parties within two years of thedate on which the Convention enters into force

• review and update, as appropriate, its implementation plan on a periodic basis and• where appropriate, co-operate with other Parties directly or through global, regional and

sub-regional organisations and consult their national stakeholders, including womens’groups and groups involved in the health of children.

In principal, the implementation plans are available to the public. Thus, the Convention ensuresthat anyone can join forces to aid putting them into practice.

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The POPs Convention will be in force for all chemicals that have been included in Annex A, Band C. For the time being, there are 12 chemicals listed, 9 of which are pesticides (see Annex1). More chemicals can be added to the list in the future.

Annex A lays down which chemicals are to be globally eliminated or banned and forwhich of those chemicals specific exemptions are still granted for a certainperiod of time.

Annex B lists chemicals that are still permitted for some restricted uses because at themoment, alternatives are not accepted for social or economic reasons.

Annex C names chemicals unintentionally released into the environment, the generation ofwhich can only be prevented by a change of production methods and thermalprocesses.

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The conditions under which chemicals are listed in the Annexes A, B and C are defined in thesubsequent Annexes D, E and F. The listing of new chemicals is carried out according to aprocedure described in Article 8.

Precautionary Principle

“Where there are threats of serious orirreversible damage, lack of full scientific

certainty shall not be used as a reason forpostponing cost-effective measures toprevent environmental degradation.”

Principle 15, Rio Declaration

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Annex D lays down criteria according to which a chemical is classified as POP.

Annex E names the information requirements for the risk profile of the chemical, includingsource description and hazard assessment.

Annex F serves as a guideline for data collection on socio-economic considerations andpossible effects if the chemical is banned.

In order to list a new chemical a Party may submit a proposal to the POPs Secretariat (see box).This proposal shall contain the information specified in Annex D. In developing a proposal aParty may be assisted by other Parties and/or the Secretariat. As soon as the proposalcontains all information necessary, the Secretariat forwards it to the Persistent PollutantsReview Committee, the examining board for POPs. This Committee examines the proposalaccording to the criteria specified in Annex D.

If all criteria are fulfilled, the Committee, through theSecretariat, makes the proposal and its evaluation availableto all Parties and observers and invites them to submit theinformation on a risk profile as specified in Annex E.

Building on the submitted data, the POPs Review Committeeprepares the draft of a risk profile according to Annex E. Itcontains information related to the following aspects:

• production, uses and releases of the chemical• local pollution caused by long-range environmental

transport• hazard assessment.

Again, all Parties and observers are invited to submitfurther technical comments that can be used to finalise therisk profile.

At this stage the POPs Review Committee decides whetherthe chemical is likely, as a result of its long-rangeenvironmental transport, to lead to significant adversehuman health and/or environmental effects, such thatglobal action is warranted. Lack of full scientific certaintydoes not prevent the proposal from proceeding.

Subsequently, all Parties and observers are once moreinvited to submit data according to Annex F. In this way,possible control measures for the chemical will beanalysed and evaluated (risk management evaluation).

The Conference of the Parties decides, in a precautionarymanner, whether to list the chemical and its controlmeasures in Annexes A, B and/or C.

The POPs Review Committee may set aside the proposal to list a chemical in the Annex at anytime if it considers further proceedings to be unfeasible. In this case, however, the Conventionallows for a special request to the Committee or the Conference of the Parties to reconsider theproposal.

ThePops Secretariat

The Secretariat has got a keyposition in implementing theConvention. It co-ordinates andpromotes the exchange ofinformation between (A) theParties and the observers, (B)the POPs Review Committee, asubsidiary body reporting to theConference of the Parties, and(C) the Conference of theParties, responsible for theimplementation of thisConvention.

The German governmentexpressed its interest inestablishing the Secretariat inGermany and offered financialaid in this case.

The decision on the location ofthe Secretariat will be taken onthe first Conference of theParties after the coming intoforce of the Convention.

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((((aaaabbbbrrrriiiiddddggggeeeedddd oooovvvveeeerrrrvvvviiiieeeewwww))))

Party Proposal for listing of a chemical inAnnex A, B or C

of the Stockholm Convention

����

Secretariat Proposal contains all informationrequirements as specified

in Annex D?

���� No ���� Secretariat informs Party

Yes ����

POPs ReviewCommittee

Examination of the proposalaccording to the screening criteria in

Annex D

����

POPs ReviewCommittee

Screening criteria fulfilledaccording to Annex D?

���� No ���� Secretariat informs Party

Yes ����

Secretariat Data collection for the risk profile(Annex E)

����

Secretariat Data sufficient for the evaluationaccording to Annex E?

���� No ���� Invitation to all Parties andobservers to submit more data

as required by Annex E

Yes ����

POPs ReviewCommittee

Review of the data, preparation of arisk profile and evaluation of possible

control measures (including socio-economic considerations as specified

in Annex F)

����

POPs ReviewCommittee

Recommendation for the listingin Annex A, B or C

���� No ���� Proposal is set aside

Yes ����

POPs ReviewCommittee

Submitting of a report to theConference of the Parties as a basis

for its decision

����

Conference of theParties

Decision on the listingin Annex A, B or C

���� No ���� Proposal is set aside

Yes ����

Secretariat Information on the decision is madeavailable to all Parties and observers

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A further important element of the POPs Convention is the mutual information exchange asregulated in Article 9. Internationally information is to be provided on:

• the reduction or elimination of the production, use and release of POPs• alternatives to POPs including information on their risks and their economic and social costs.

Information on health and safety of humans and the environment shall not be regarded asconfidential. The exchange of such information can be undertaken either directly between theParties or through the Secretariat. To facilitate the communication process, each Party has todesignate a national focal point for information exchange. The Secretariat serves as a clearing-house mechanism for information on POPs and all related matters, including information providedby Parties, intergovernmental organisations and non-governmental organisations.

In for ming th e p ubli cArticle 10 of the Convention lays down that each Party, within its capabilities, shall develop andimplement public awareness, educational and training programmes for its policy and decisionmakers, scientists, workers, employees, technical and managerial personnel and the generalpublic. Thus, any individual will be able to contribute to the implementation of the Convention.Additionally, the Parties should consider the development of pollutant release and transferregisters for the collection and dissemination of information on the annual quantities of POPsthat are released or disposed of.

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The Parties shall undertake research, development and monitoring in order to encourage and tofacilitate the global elimination of POPs. Only if the social, economical and technical aspects ofthe production, the use and the ban of POPs are sufficiently examined, it will be possible todevelop effective strategic measures that can be implemented locally.

Particular research has to be carried out e.g. related to the sources and releases of POPs in theenvironment, to their levels, environmental fate and transformation and to their pollutant effectson humans and the environment. Cooperation is encouraged in order to exchange informationon the different activities and to prevent double work. Furthermore the publication of data onresearch results, on initiatives to eliminate POPs and on financial measures has to be carriedout on a timely and regular basis.

The above-mentioned actions refer not only to the chemicals in Annex A, B and C, but also tothose chemicals that are being considered for listing in the Convention.

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Whether poor countries are able to meet the objectives of the Convention will depend on theextent to which financially stronger countries fulfil their obligations for financial support,technical assistance and technology and know-how transfer.

Te chn ical as sis tanc eAccording to Article 12, the Parties, within their capabilities, have to ensure

• that sufficient technical assistance is made available to poorer countries in order to developtheir capacity to implement their obligations under this Convention, and

• that those countries are supported in ameliorating the framework conditions for theimplementation of their obligations under this Convention.

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In this context, least developed countries and small island developing states have to beconsidered with priority. The regulations for the definition and the form of technical assistancestill have to be determined by the Conference of the Parties and have to be added to theConvention.

Fi nan cial me cha nism sIn Article 13, the Convention lays down that the first priority of the developing countries shouldbe to ensure sustainable economic and social development and the eradication of poverty. Thisstresses the significance of financial aid from industrialised to poor countries to help meet theobjectives of the Convention. The Parties were well aware that the Convention would havebeen condemned to ineffectiveness if they had referred to already existing financial aidmechanisms. Therefore the financially stronger Parties committed themselves to provide newand additional financial resources.

At its first meeting, the Conference of the Parties will adopt the particular arrangements for thisfinancial mechanism and pass regulations on the appropriate guidance to be provided on it. Thisencompasses for example the determination of the policy and programme priorities and detailedcriteria regarding the evaluation and the writing of reports. At its second meeting and thereafteron a regular basis, the Conference of the Parties should evaluate the form and effectiveness ofthe mechanism and take ameliorative measures if necessary.

According to Article 14, the implementation of this mechanism will be carried out by the GlobalEnvironment Facility (GEF) on an interim basis (for the period between the date on which theConvention enters into force and the first meeting of the Conference of the Parties, or until suchtime as the Conference of the Parties decides which institutional structure will be designated).

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The POPs Convention is part of an international system of regulations for the control ofhazardous chemicals. Therefore, not only the preamble but also the main text refers tointernational agreements that have similar objectives. The Rio Declaration and the Agenda 21that was also passed in Rio in 1992 have already been mentioned. Furthermore the RotterdamConvention (PIC Convention) and the Basel Convention are of importance.

The Rotterdam Convention (PIC Convention) refers to regulations on mutual informationpractices when trading with certain dangerous chemicals. Chemicals that are part of thisConvention are not to be exported to a country without its explicit, previous consent (PriorInformed Consent, PIC).

The Basel Convention’s objective is to diminish the generation and transport of dangerouswastes. This implies that dangerous wastes have to be disposed as close to the site ofproduction as possible. To reach this goal, a particular infrastructure was created by the BaselConvention. This infrastructure can also help implementing the POPs Convention. Therefore,Article 6 of the POPs Convention regulates not only measures for the reduction and/orelimination of POPs stockpiles and wastes, but also instructs the Conference of the Parties toco-operate closely with the appropriate bodies of the Basel Convention.

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The Stockholm Convention will enter into force on the ninetieth day after the deposit of the lastof 50 ratifications and/or acceptances. This will supposedly take at least a period of 2 – 3years.

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After nearly two years of sometimes tense negotiations the convention won widespreadinternational approval - also by non-profit non-governmental organisations. Why?

Pr eca utio n a s a gui din g p rinc ipl eThe Precautionary Principle is not only established in the preamble but also in the wording of theConvention.

Su bst itut ion st rate gyThe Convention’s objective is, on the one hand, to eliminate all POPs globally and on the other, toensure that no new ones are generated. This creates a system that only allows for theelimination of POPs, but not for the adding of new ones.

Li mit ed a nd def ined ex emp tion s f rom the ba nIt is not possible to eliminate all POPs that are still in use worldwide from one day to the other.The acceptance of this fact is, however, linked to important conditions in the Convention. This isencompassed by the fact that permission for further use of POPs is only given for a limitedperiod of time and only for particular reasons that can be monitored by the public. According toArticle 4, a register has to be established which should be available to the public and shouldcontain all exemptions granted.

Fi nan cial ob lig atio nsThe negotiations, which were very tough and which stagnated for a long time, led to theadoption of binding financing mechanisms that will also enable poorer nations to implement theConvention. Without this commitment to supply financial aid the Convention would have been amere paper tiger.

Tr ans pare ncy an d pa rti cip atio nThe implementation of the Convention is characterised by a comparatively high degree oftransparency. The specific activities, progress and stagnation during the process ofimplementation can be monitored by the public. Therefore each citizen and each non-governmental organisation has the possibility of examining the actions taken by thestakeholders in their region.

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The Convention aligns the main responsibility for the implementation of the Convention togovernments and the industrial and commercial sector. At the same time, however, theConvention also encourages NGOs to become active. In this context, NGOs from the non-commercial sector are essential. Non-profit NGOs do not have an economic interest in a furtheruse of POPs. Therefore, they are in the best position to monitor the implementation of theConvention and to insist on a soon implementation.

This holds true for all non-profit NGOs, no matter

• whether they are active in environmental protection and are involved in the reduction of airpollution or marine protection according to the Agenda 21

• whether they work for consumer protection and fight against POPs residues in e.g. fish• whether they are active in developmental politics and want to contribute to food security

and the eradication of hunger• or simply because, due to the presence in their home country, they can best exert an

influence on their own national government.

NGOs, within their area of activities, can make concrete contributions to the implementation ofthe Convention. They can support:

• a soon ratification of the Convention by governments that signed it in order to allow it toenter into force by the end of 2002

• that importing companies ensure that POPs are not used in the production of importedproducts

• that further dangerous persistent pollutants are soon listed in Annex 1 of the Convention• that POPs are not replaced by other, less persistent, but also hazardous chemicals (see

Beyond POPs on next page), by supporting sustainable alternatives to POPs and/or differentproduction systems and user patterns.

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Many chemicals that can act as chemical substitutes for POPs are also very problematic. Thesechemicals are not as persistent as POPs, but they can still be acutely and extremely dangerousand may cause cancer or reproductive disorders in humans and animals.

PAN Germany examined possible chemical substitutes for POPs-pesticides of the StockholmConvention in the study “Beyond POPs” published in 2001. The result is devastating: all of the

60 examinedsubstitutes thatare consideredas “chemicalalternatives”for the 9 POPs-pesticides, arenot acceptableif used underconditions ofpoverty indevelopingcountries.

Therefore, PANGermanyconcludes thatthe implemen-tation of theConvention andthe deve-lopment ofsustainableproductionsystems haveto be supportedat the sametime.

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This table lists the initial twelve POPs targeted by the POPs Convention, to which furtherchemicals can be added. Besides the insecticide DDT in Annex B and the unintentionally

generated by-products in Annex C, all chemicals (7 pesticides and 1 industrial chemical) are listedin Annex A. These chemicals are globally banned (apart from some specific exemptions listed

below).

Chemical Activity Specific exemption

(Listed in a register, availableto the public, including all typesof specific exemptions and theParties that have specificexemptions listed.)

Annex A: Elimination

Aldrin * Insecticide against pests onplant roots, e.g. in corn andcotton cultivation; termitecontrol

Locally, against insects andectoparasites (parasites thatdevelop on the surface of hostplants)

Clordane * Insecticide used in corn andcitrus cultivation, in gardensand on lawns; termite control

Additive in plywood adhesives,termite control and locally,against ectoparasites andinsects

Dieldrin * Insecticide against insectsliving in the soil, for seedtreatment, in disease vectorcontrol (malaria), for treatmentof sheep, as woodpreservative, against moths inwool

Permitted in Indian agriculturefor a maximum period of 2years to use up stock

Endrin Insecticide used on agriculturalcrops; rodenticide

None

Heptachlor * Insecticide used in agricultureand indoors

Termite control in undergroundcable boxes, wood treatment,solvent in pesticides,component of articles still beingused

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HCB

(Hexachlobenzene) *

Fungicide for seed treatmentand as wood preservative

Production and use asintermediate, as solvent inpesticides and as minimalimpurity in the pesticideChlorthalonil

Mirex Insecticide against termites,additive in fire retardantmaterial

Termite control

Toxaphene/Camphechlor * Insecticide for pest control inagriculture (on cotton, bananaand pineapples) and inhusbandry; fish control

None

PCBs

(Polychlorinated Biphenyls) *

Group of industrial chemicalsused in flame retardantequipment, cooling agents,transformers, capacitors andother electrical appliances

In electrical appliances,solvents for industrial electricalequipment, transformers andother materials containingPCBs that are still being used

Annex B: Restriction

DDT */DD Insecticide used on agriculturalcrops and in disease vectorcontrol (malaria, typhus)

Production and use asintermediate, for disease vectorcontrol and as minimal impurityin Dicofol

Annex C: Unintentional production

Dioxins and Furans(polychlorinated dibenzo-p-dioxins and dibenzofurans,PCDD/PCDF)

Hexachlorbenzene (HCB)

Polychlorinated biphenyls(PCB)

Dioxins and Furans areextremely toxic chemicals,traces of which are detectablealmost everywhere worldwide.They are, like HCBs and PCBs,released from thermalprocesses involving organicmatter and chlorine as a resultof incomplete combustion, e.g.by industrial and “wild” wasteincineration, PVC-production,crematoria or the smoulderingof cable insulations. WhileHCBs and PCBs are alsoproduced intentionally (seeAnnex A), Dioxins and Furanshave always been generatedunintentionally.

Annex C of the Convention listssources of formation of Dioxinsand Furans, defines thechemicals and describes, as ageneral guidance, the bestavailable techniques forprevention of formation ofthese toxins. This includes e.g.the use of products that areproduced and burned withoutthe formation of hazardoussubstances, the improvementof waste incinerationtechnologies, the introductionof closed systems and therecycling of materials.

The Conference of the Partiesis also asked in Annex C todevelop guidance with regardto best environmentalpractices.

The chemicals marked with * are also regulated by the Rotterdam Convention.

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Participating Organizations of the International POPsElimination Network (IPEN), including (but not limitedto) those gathered in Stockholm, Sweden to attendthe Diplomatic Conference at which governments willsign the Stockholm Convention on Persistent OrganicPollutants:H er eb y de cl ar e, o n th is o cc as io n, o ur r en ew ed c om mi tm en t to w or k jo in tl y to wa rd t he e li mi na ti on o f pe rs is te nt o rg an ic p ol lu ta nt s (P OP s) a nd o th er p er si st en t to xi cs ub st an ce s fr om t he w or ld 's e nv ir on me nt .

F ur th er mo re , on t hi s oc ca si on :- Recognizing the serious and long lasting injury toecosystems and human health that POPs and otherpersistent toxic substances can cause incommunities that immediately surround their sourcelocations, and also in far distant regions;- Cognizant of growing scientific evidence and publicawareness around the world concerning the harm thatis caused by these toxic pollutants; and notingspecial concerns about their accumulation in foodand in human body tissues;- Applauding the Stockholm Convention as the firstnegotiated, global, legally binding instrument that willoblige governments to take actions aimed ateliminating these pollutants from the world'senvironment;- Calling attention to the precautionary approachwhich is affirmed in the Convention's Preamble andObjective, is referenced in its indicated method fordetermining best available technologies, and isoperationalized in its procedures for evaluatingadditional candidate POPs;- Noting that, upon ratification and entry into forceof the Convention, the world's governments will becommitted to proceed toward bans on the production,generation and use of POPs, and to promote andrequire appropriate substitution with cleanerproducts, materials, processes and/or practices;- Noting further that under the terms of theConvention, governments will also be committed toidentifying obsolete stockpiles and wastes containingPOPs, to requiring their proper and completedestruction (chemical transformation), and topromoting proper cleanup and remediation of soilsand other environmental reservoirs that aresignificantly contaminated by these substances;- Calling attention to the initial list of twelve POPswhose releases the Stockholm Convention will aim toeliminate: Dioxins, Furans, DDT, PCBs, Chlordane,

Heptachlor, Aldrin, Dieldrin, Endrin, Mirex, Toxapheneand Hexachlorobenzene;- Understanding that this initial list of twelve POPsis only a starting point, and that expedited expansionof the list is needed in order to incorporate into theConvention other persistent, toxic substances ofglobal concern that harm ecosystems and humanhealth;- Reminding donor governments, intergovernmentalorganizations, and international aid agencies of thecommitments made to developing countries andcountries with transitional economies to provide themwith new and additional sources of financial andtechnical support in order to enable them to meettheir obligations under the Stockholm Convention,and to make these resources available in an efficientand transparent manner;- Celebrating the opportunity given to public interestnongovernmental organizations (NGOs) to participatein the global POPs Intergovernmental NegotiatingCommittee process, and noting that this enabledIPEN Participating Organizations from all corners ofthe world to make important contributions towardsecuring international agreement on numerousprovisions of the Stockholm Convention;- Recognizing that economic globalizationencourages and promotes activities in manycountries that result in toxic chemical pollution; andthat organized efforts to oppose and stop pollutingactivities are often resisted by transnationalcorporate interests and others as a perceived threatto economic development and growth;- Recognizing further that successful activity toimplement this Convention and to eliminate POPs andother persistent toxic pollutants will require theparticipation of NGOs as effective stakeholders injoint activities involving governments, industrygroups, international agencies, scientific centers,and others; and- Commending the Government of Sweden, as hostof this Diplomatic Conference, for its recent initiativeto secure "bans on substances that accumulate inthe body" and for advocating international chemicalspolicies based on the objective that: "theenvironment must be free from man-madesubstances and metals that represent a threat tohealth or biological diversity;" commending Swedenalso for its international leadership in advocatingchemicals policies based on the precautionaryprinciple, the substitution principle, producer

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responsibility and the polluter pays principle; andcommending Sweden finally for its importantcontributions toward securing agreement on a strongglobal POPs treaty.I PE N Pa rt ic ip at in g Or ga ni za ti on s he re by d ec la re a nd a ff ir m ou r co mm on :- Commitment to work for a world in which POPs andother persistent toxic chemical substances no longerpollute our local and global environments, norcontaminate our food, our bodies, and the bodies ofour children and future generations;- Agreement that the mission of IPEN is to facilitateeffective involvement by its ParticipatingOrganizations in local, national, and internationalactivities to promote the elimination of POPs andother persistent toxic substances; and- Demand that urgent action be taken to eliminatePOPs and other persistent toxic substances, thatthis action move forward now, and that it not bedelayed or deferred until after the StockholmConvention has been ratified and enters into force.T o ac co mp li sh o ur s ha re d vi si on , I PE N' sP ar ti ci pa ti ng O rg an iz at io ns a ff ir m ou r in te nt io nt o wo rk t o: - Phase-out and ban the production and use ofPOPs and other persistent toxic substances; andsubstitute cleaner products, materials, processesand practices, with priority, as appropriate, to non-chemical alternatives;- Phase-out materials, products, and processes thatgenerate and release dioxins and other unwantedbyproduct POPs, and promote cleaner products,materials, processes and activities that avoidgeneration and release of toxic byproducts;- Identify, make secure, and properly destroyobsolete stockpiles and wastes containing POPs andother persistent toxic substances by means thatensure complete destruction (i.e., chemicaltransformation), and that do not themselves generateor release toxic pollutants or otherwise cause injuryto the health and the safety of workers andsurrounding communities;- Support the Polluter Pays Principle under which theproducer, exporting company, and/or exportingcountry is responsible for the cleanup anddestruction of obsolete POPs stockpiles, especiallyin developing countries;- Halt combustion and other environmentallyinappropriate methods of treating wastes andcontaminated soils and sediments;- Cleanup and remediate contaminated sites andenvironmental reservoirs containing POPs and otherpersistent toxic substances;- Reduce and aim to eliminate the generation ofwastes, including municipal solid waste, medicalwaste, and hazardous waste; and encourage wasteprevention, resource recovery, re-use and recycling;- Reduce and eliminate the use of toxic chemicalpesticides, and substitute lower impact methods of

pest and vector control to achieve effectiveagricultural and public health practices that areenvironmentally sound;- Eliminate toxic chemical residues in food, animalfeed, and drinking water;- Secure opportunities for meaningful participation bypublic interest NGOs and other civil societyorganizations in programs at the local, country,regional and global level associated with theimplementation of the Stockholm Convention,including enabling activities, demonstration projects,development of country implementation plans,monitoring activities, performance evaluation, andothers;- Develop timely and effective Stockholm ConventionNational Implementation Plans in all countries; andpromote rapid execution of these plans to achievethe elimination of POPs and their sources;- Appropriately and expeditiously expand theStockholm Convention's current list of twelve globalPOPs to incorporate other POPs of global concern;support the immediate establishment of a POPsReview Committee that can begin screeningcandidate POPs even before the Convention entersinto force; and establish appropriate commitmentsand obligations leading toward the elimination of alladditional POPs that are listed subsequent to theinitial twelve;- Encourage donor countries and donor agencies toprovide adequate technical and financial assistanceto enable developing countries and countries withtransitional economies to implement the StockholmConvention, and undertake related activities toeliminate POPs and other persistent toxicsubstances;- Establish a new focal area within the GlobalEnvironmental Facility (GEF) to supportimplementation of the Convention, and ensure that itis adequately funded in GEF replenishments; and- Secure the ratification of the StockholmConvention by all countries in advance of the Rio +10 World Summit on Sustainable Development (to beheld in Johannesburg in 2002); and by the samedeadline also secure ratification, by all countries, ofother related conventions: the Rotterdam Conventionon Prior Informed Consent; the Basel Convention,together with its Ban Amendment forbidding export ofwastes from OECD to non-OECD countries; and the1996 Protocol to the London Convention on oceandumping.A gr ee d th is 2 2n d da y of M ay , 20 01 , in c on ju nc ti on w it h th e Co nf er en ce o fP le ni po te nt ia ri es f or t he S to ck ho lm C on ve nt io n on P er si st en t Or ga ni c Po ll ut an ts ,b y th e un de rs ig ne d IP EN P ar ti ci pa ti ng O rg an iz at io ns .

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17

P es ti ci de A ct io n Ne tw or k

PAN Germany was formed in 1984, two yearsafter the founding of the international PAN, andfollowing a hearing of the German FederalParliament on the effects of exported pesticidesin developing countries.

A broad range of groups and organisationsfrom the fields of development work,environmental protection, consumer protectionand agriculture were present at that hearing.The concern about the devastating effects ofpesticide use, especially in developingcountries, and Germany’s central position in theworld market for pesticides led to the foundingof PAN Germany with the following aims:improving the co-ordination of already existingactivities against the misuse of pesticides;encouraging the commitment againstdangerous pest control measures, andstrengthening the competence of criticalexperts.

Since that time PAN Germany has beenworking on various issues connected with

pesticide use, including pesticide residues infood, eradication of hunger, sustainableagriculture or pesticide use in households.

PAN Germany is part of the international PAN,founded in 1982. To strengthen theinternational co-operation, there are fiveautonomous regional centres: PAN Europe(facilitated by PAN Germany and PAN UK),PAN Africa, PAN Asia, PAN North America andPAN Latin America.

Y ou a r e in t er es t ed i n f ur t he ri nf or m at io n o n t he p r oj ec t s an d a ct iv i ti es of P AN G e rm an y ?

You are welcome at:PAN GermanyNernstweg 32, 22765 Hamburgphone: 040-3991910-0, Fax: 040-3907520Email: [email protected] a look at our homepageat: http://pan-germany.org

S up po r t ou r w or k

Or ga nis at ion s lik e PAN G erm an y c an not b e s uc ces sf ul w i tho ut th e f in an cia l hel p ofpe op le li ke yo u. Pl eas e con si der a f i na nci al co nt rib ut ion t o:

PA N Ger ma ny, 4 705 88 -30 7 Pos tb ank H ann ov er, B LZ 25 0 1 00 30