INTER-LINKAGES  >>  relationships between conventions





Relationships Between Conventions



This section of the Handbook examines the inter-linkages between the five chemical conventions. It provides the history and the rationale for clustering the chemical conventions, identifies the challenges for developing countries and countries with economies in transition and proposes response strategies.



GoTo   The Synergy of Five Chemical Conventions
GoTo   Regional Response to Synergy
GoTo   National Response to Synergy
GoTo   Inter-linkages for Lifecycle Management
GoTo   Legislating for Lifecycle Management
GoTo   Consultation and Involvement






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The Synergy of Five Chemical Conventions:

Combined, the five chemical conventions; Waigani, Bamako, Basel, Rotterdam and Stockholm can be seen as a series of building blocks that intermesh to create an holistic approach to hazardous chemical management. Each deal in one-way or another with a chemical that is hazardous to human health and the environment. Elements of each of these conventions overlap or interlink with the other conventions.

Collectively, the five chemical conventions cover a spectrum of actions necessary for the environmentally sound management of hazardous chemicals and wastes.

These include:

  • Managing domestic waste in an environmentally sound manner;
  • Identifying sites contaminated with hazardous chemicals;
  • Soundly managing stockpiles of hazardous chemicals;
  • Reducing and eliminating the release, use and production of persistent organic pollutants;
  • Regulating the import of potentially hazardous chemicals;
  • Avoiding the introduction of new hazardous chemicals;
  • Regulating the transport and trade of hazardous and radioactive wastes;
  • Promoting information exchange;
  • Developing technical capacity building;
  • Facilitating financial assistance for developing countries.

    There is a distinct logic in developing this synergy further. For developing countries and countries with economies in transition with limited human and financial resources, an integrated approach to hazardous chemical management is the logical way forward.

    Collaboration has the added benefit of:

  • Efficiency in the use of the collective resources - information, financial and expertise;
  • Effectively assessing and managing chemical hazards and risks;
  • Reducing duplication and overlaps;
  • Emphasising program and policy coherence;
  • Coordinating public participation;
  • Improving customs service; and
  • Averting fragmented sectoral initiatives.

    The synergy of the five chemical conventions can provide for developing countries and countries with economies in transition with the cornerstone for improved domestic chemical management as well as stronger, more effective regional frameworks. African and Pacific Island countries now have regional Conventions (Bamako and Waigani) which provide them with the foundation for making the best use resources available through broader scoped Conventions such as Basel and Stockholm.

    Recent work to identify and progress useful synergies that exist between the Stockholm, Rotterdam and Basel Conventions identified the need for collaborative approaches to;

  • Administrative services such as document production and national report processing
  • Information technology support that addresses acquisition, installation, maintenance,
       - user support and training, development and management of databases,
       - internet web pages, and national contact details;
  • Legal services, Conference Services
  • Coordinated Meetings (back to back) to improve efficiency and cut travel costs
  • Regular Secretariat coordination meetings where the Secretariats of the five Conventions share information and streamline activities.

    Further coordination could be encouraged in the following areas:

  • Mobilization of joint resources
  • Joint training and capacity building activities
  • Joint project activities at field level.
  • Joint development of technical guidance and standards documents
  • Providing support for National Focal Points to help coordinate their work.
  • Shared use of regional offices
  • Developing model legislation for National use
  • Improvement of information sharing between scientific assessment panels
  • pooling information on health and environmental impacts
  • intensifying public awareness campaigns.

    There is also support for the concept of clustering the Secretariats of each Convention in Geneva to maximize the potential for coordination of their activities.

    While there is considerable value in promoting synergies between the five chemical conventions, there are also reasons for caution. These may include overloading national governments with the obligations of each of the conventions or the loss of regional ownership and control of the Waigani and Bamako Conventions within the broader focused conventions such as Basel. This potential problem has been recognized and some strategies developed to help address it.





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    Regional Response to Synergies :

    In April 2001, a SPREP/UNEP workshop on toxic chemicals and hazardous waste in the Pacific region, supported a synergistic approach to the conventions. A single goal was set; to develop national and regional action plans for the implementation of the five chemical conventions.

    A regional response to these synergies would focus on:

  • coordinating information management, including collating, organising and sharing data on chemicals;
  • standardised data collection and criteria;
  • facilitating capacity-building through training programmes;
  • coordinating science and research;
  • promoting technology transfer;
  • seeking financial support for national governments;
  • assisting in developing model legislation for national governments;
  • assisting in developing public awareness programmes on sound chemical management;
  • promoting public involvement in chemical management strategies;
  • assisting national governments in meeting reporting requirements;
  • facilitating meetings regarding the conventions; and
  • coordinating the policy development for chemical management regional strategies.

    Regional Centre for Training and Technology Transfer

    The first meeting of the Conference of Parties to the Waigani Convention requested the Secretariat to conduct a survey of SPREP facilities in order to assess the implications of establishing a Regional Centre for Training and Technology Transfer. The Environment Ministers Forum also endorsed the concept of a Regional Centre in July 2002. While this concept fits within the current network of Regional Centres which was established by the Basel Convention, a regional centre could also serve the needs of the Waigani, Stockholm and Rotterdam Conventions.

    The five chemical conventions acknowledge the needs of developing countries and countries with economies in transition for technical assistance. Both the Basel Convention (Article 14) and the Stockholm Convention (Article 12) provide for regional centres for training and technology transfer.

    The need for financial support for developing countries and countries with economies in transition is also acknowledged by the Conventions. Financial mechanisms through the Global Environment Facility as outlined in the Stockholm Convention (Articles 13-14) and the Basel Convention Technical Cooperation Trust Fund can help finance the implementation of the five chemical conventions while supporting enabling activities and environmentally sound chemical management.





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    National Responses to Synergies :

    For developing countries and countries with economies in transition, employing a synergistic approach to chemical and waste issues and linking these to obligations under the five conventions is a logical way forward. Conventions provide national regulators with the authority to monitor and enforce environmental standards at the domestic level, supported by global guidelines with funding opportunities for signatories.

    The following step by step approach to adopting Conventions is suggested as a way to consolidate regional cooperation first and to then seek technical and financial resources through the more broadly scoped Basel and Stockholm Conventions.

    This approach could be adopted by any countries who have already joined or are considering becoming a Party to regional Conventions on hazardous waste movement such as the Bamako or Waigani Conventions. The example below uses Pacific Island Countries (Waigani Convention) but provides an interchangeable model for other regional agreements.

    Step by Step Approach:

    If Pacific Island countries feel that it is too difficult financially and logistically to take on the obligations of all five conventions at once, a step by step approach can be taken. Possible steps could include:

    Step 1:
    Ratifying and implementing the regional Convention (Waigani): This establishes a good basis for hazardous waste management at the regional level. It will allow countries to draw on regional expertise to assist in the management of their wastes and sets up the institutional infrastructure to exchange information with other countries on waste movements.

    Step 2:
    Ratifying and implementing the Basel Convention: The obligations under Waigani, Bamako and Basel are virtually the same, so no additional administrative burden is incurred. Ratifying Basel increases the opportunities for financial assistance and technical support.

    Step 3:
    Ratifying the Stockholm Convention: Strategies for the environmentally sound management and disposal of persistent organic pollutant links closely with activities under Waigani, Bamako and Basel.

    Step 4:
    Ratifying the Rotterdam Convention: This provides the final link in the chain and creates a cradle to grave or lifecycle approach to hazardous chemical management.





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    Inter-linkages for Lifecycle Management :

    The cradle to grave or life cycle approach to hazardous chemicals management in the context of the five conventions is illustrated in the following list of actions:

    Actions for Existing Chemicals -

  • notify banned or severely restricted chemicals, and
  • countries with economies in transition to list severely hazardous pesticide formulations (Rotterdam Convention)
  • consider POPs screening criteria in assessing existing chemicals eliminate production and use of POPs (Stockholm Convention)

    Actions for New Chemicals -

  • regulate to prevent production and use of new POPs (Stockholm Convention)

    Import/Export controls -

  • control of transboundary movement of hazardous wastes (Waigani /Bamako/Basel Conventions)
  • prior informed consent procedure (Rotterdam Convention)
  • restrict POPs import and export except for environmentally sound disposal; and
  • controls on POPs transport across international borders (Stockholm Convention)

    Waste management -

  • environmentally sound management of hazardous wastes,
  • minimize waste generation, and
  • ensure availability of disposal facilities and the Basel Convention Technical Working Group - technical guidelines on POPs wastes (Basel Convention, Bamako and Waigani in part)
  • strategies to identify POPs wastes and environmentally sound management with the POPs content destroyed or irreversibly transformed (Stockholm Convention)

    Environmental Releases -

  • reduce or eliminate POPs releases from intentional production and use, unintentional production, stockpiles and wastes (Stockholm Convention)

    Hazard Communication -
    All require the communication of hazard information

    Replacement and Alternatives -

  • information exchange and research on POPs alternatives; and
  • implementation of alternative DDT products (Stockholm Convention)





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    Legislating an Appropriate Framework for Lifecycle Management of Toxic Chemicals and Hazardous Waste :

    One of the limitations restricting effective and speedy ratification and implementation of the chemical conventions is the absence of a comprehensive legal framework. When establishing environmental legislation afresh, the development of an appropriate act can be a useful instrument in identifying and promoting synergies, but adapting existing piecemeal legislation is a far greater challenge.

    In 1996, the Basel Secretariat published the Revised Model National Legislation on the Management of Hazardous Waste and Control of Transboundary Movements of Hazardous Waste and their Disposal. The model was to help participating countries comply with their obligations of the Basel Convention (Art.4.4) which request the parties to take appropriate legal, administrative and other measures to implement and enforce the provisions of the Convention. This model legislation can serve the needs of the Basel, Bamako and Waigani Conventions.

    However, the development of legal frameworks and environmental legislation to reflect the five chemical conventions remains a significant obstacle to speedy ratification and implementation of the conventions.

    The following summary describes the issues that need to be considered when developing legislation for chemical management and the implementation of the chemical conventions.

    Setting Objectives -
    Objectives to reduce the risks to human health and the environment can be set and delivered through:

  • Regulating certain chemicals or chemicals that pose unacceptable risks; and
  • Regulating certain human activities that cause the release of certain chemicals into the environment or introduce new or unacceptable risks.

    Scope -
    The scope of the legislation can be defined by:

  • Identifying the type of chemicals to be covered;
  • Identifying and combining characteristics, such as persistence, toxicity, bioaccumulation to develop categories; and
  • Developing lists of categories of chemicals including priorities for regulation based on an inventory of existing chemicals.

    Identifying Exemptions -
    Some exemption may be needed for certain chemicals, such as:

  • Those already covered by other existing laws (e.g. pharmaceuticals);
  • Chemicals for research/analytical standards; and
  • Chemicals under a given threshold quantity.

    Linking to Other Laws -
    Other relevant sectoral laws may need to be considered including legislation on:

  • Waste management;
  • Agricultural chemicals;
  • Air quality;
  • Water quality;
  • Marine and coastal environmental pollution;
  • Soil contamination;
  • Environmental impact assessment; and
  • Development or land use planning.

    Designing a Lifecycle Approach -
    Regulatory actions will need to be targeted to cover the life cycle of chemicals, for example:

  • Research, Development and Testing;
  • Manufacture;
  • Transport, Storage;
  • Distribution, Trade;
  • Use;
  • Disposal; and
  • Unintentional generation.

    Considering Socio-Economic Impacts -
    Regulatory measures on certain chemicals may need to take into account development needs and socio-economic impacts.

    Institutional Arrangements: Authority and Responsibility -
    Institutional arrangements need to be developed that identify management responsibility and authority, for example:

  • Identify an authority or authorities responsible for implementing legislation; e.g. Minister(s) with executing power to issue and undertake regulatory measures and the Minister(s) with whom coordination is required (e.g. by notifying measures taken);
  • Identify the relationship with other existing laws and define the jurisdiction among authorities;
  • Establish institutional mechanisms for inter-sectoral coordination and review;
  • Identify persons who are responsible for risks associated with certain chemicals;
  • Identify persons accountable for taking the actions required to achieve the legislative objectives;
  • Identify administrative costs for implementing legislation and who will bear them;
  • Identify persons who are to be governed by the legislation, e.g. manufacturers, importers/exporters, users; and
  • Make them responsible to take measures required under the legislation.

    Information Gathering -
    Information collection is an important aspect of chemical legislation and can be gathered by:

  • Notification to the authority of the intent of manufacture, import or sale, or use (e.g. Name, address, amount of chemicals, purposes); and
  • Submission of chemicals information by manufacturers or importers.

    Assessing Chemicals -
    Assessing chemicals requires procedures to either complete new assessments or accept previous assessments of the health and environmental impact of certain chemicals. Assessment by the authority based on:

  • the chemical information submitted by companies, other international or regional assessment or based on its own tests, and
  • needs to be done in a given period using a transparent process.

    Differentiating the Measures -
    Regulatory measures may need to be differentiated according to the assessed hazards. Lists of different categories of chemicals, posing different levels of hazard and risk, may provide a basis for such differentiated treatment, for example:

    # Ban or Restrict Manufacture and/or Use

  • Prohibit the manufacture, import, sale or use of chemicals causing unacceptable risks; and
  • Permit with certain regulatory measures, e.g. licensing, compliance with certain technical standard and reporting.

    # Emission Controls

  • Establish emission/release control for certain chemicals;
  • Set or adopt emission/release standard; and
  • Regulate certain types of activities and facility.

    # Wastes Management

  • Regulate generation, collection, transport, storage, treatment, recycling and disposal of wastes;
  • Distinct regulatory measures for municipal wastes and industrial wastes; and
  • Regulate the persons and installations involved, and all phases of related activities.

    Legislating Towards Prevention -
    Legislation should adopt a proactive precautionary approach that:

  • Builds a knowledge base;
  • Accommodates health and environmental risk assessment;
  • Promotes awareness of existing risks;
  • Plans for responsible siting of hazardous installations;
  • Develops preparedness for accidents; and
  • Provides funds for pollution prevention.

    Developing Means of Enforcement -
    The means of enforcement can include a range of actions, for example:

  • Record keeping;
  • Document to track movement;
  • Permit and License;
  • Administrative order;
  • Mandatory submission of reports;
  • Onsite inspection;
  • Penalties;
  • Incentive measures; and
  • Administrative and criminal punishment.

    Developing the Financial Means -
    Administrative costs may need to be partially borne by those who intend to manufacture, import or export, sell or use, or those who are licensed to carry out certain activities.

    Providing for Restoration of Damages -
    Providing for restoration and compensation for damages caused by chemicals will need to be incorporated into legislation, for example:

  • Compensation schemes for injury;
  • Procedures and funds for clean-up contaminated sites; and
  • Procedures for settlement of disputes.

    Developing and Updating Regulations -
    Regulations provide a practical means to ensure legislation is able to be amended and kept up to date, for example:

  • Lists of individual chemicals can be published under regulations issued by the authority, which provides the means to amend the lists and add new chemicals; and
  • Other matters that require regular update (e.g. technical standard or administrative fees) may be covered by regulations.

    International Issues -
    National legislation should reflect the requirements of the five chemical conventions.



    For more information on the model legislation visit the Basel Reference section.





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    Consultation and Involvement :

    All inter-linkage activities benefit from consultations with interested civil society, allowing governments to call on support and information from a range of organisations to aid in the implementation of the conventions. This can help address the challenges of translating international obligations into national and local environmental agendas that are meaningful to the general public and thereby receive political support.

    Effective consultation with all stakeholders including government agencies, business and civil society can:

  • decrease overlapping activities and responsibilities,
  • improve joint problem identification,
  • foster cooperative solution finding,
  • increase the degree of ownership of implementation measures, and
  • assign clear responsibilities within existing government structures.

    Most importantly, open and consultative relations with civil society help build the political will to ensure adequate resources to implement the conventions.

    For more information on consultation visit the Consultation section in the Library.





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