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Implementing the Rotterdam Convention



This section provides information on the important components of implementing the Rotterdam Convention. Each of the components is described and access is provided to appropriate reference materials and the documentation required for easy and effective implementation.



GoTo Steps to Implementation:
GoTo Establishing a Designated National Authority:
GoTo What a Country Can Do About a Hazardous Chemical?:
GoTo What Happens to Chemicals Once They Are Listed in the Convention?:





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Steps to Implementation:

As the key elements of the Rotterdam Convention are information exchange and the prior informed consent procedure, the implementation tasks of the Rotterdam Convention focus on exchanging information and are not onerous.

Countries can seek assistance through the Secretariat for all stages of the implementation and in particular, legislative requirements and training for Customs officers.




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Establishing a Designated National Authority:

A country needs to nominate a Designated National Authority and formally advise the Interim Secretariat. A DNA is responsible for the administrative functions required by the Convention and is usually based in the governing department responsible for chemicals used in a country. Depending on the specific country's administrative set up, a DNA may be established for both industrial chemicals and pesticides or one DNA may serve as the focal point for both. A list of duties for the DNA will need to be prepared and for example, a DNA may be required to:

  • Receive and respond to information on final regulatory actions and decision guidance documents (DGD);
  • Notify the Secretariat of any banned or severely restricted chemical in their country;
  • Provide an export notification to the importing Party of any banned or severely restricted chemical;
  • Prepare and forward an importing country response for Annex 111 chemicals;
  • Prepare information on transit movements;
  • Prepare a proposal for nominating a chemical to the lists and notify the Secretariat;
  • Exchange scientific technical, economic and legal information concerning the chemicals within the scope of this Convention;
  • Ensure that chemicals banned or severely restricted are labelled with adequate information in regard to risks or hazards to human health or the environment; and
  • Provide the public with appropriate access to information on chemical handling, accident management and alternatives

    Training and capacity building of the DNA may be needed.

    To complete these tasks, four standard forms are provided.

  • Importing Country Response
  • Notification of Final Regulatory Action to Ban or Severely Restrict a Chemical
  • Severely Hazardous Pesticide Formulation Report (health)
  • Severely Hazardous Pesticide Formulation Report (environment)

    These are also available in the Rotterdam Convention Reference section

    Legislation and Infrastructure

    Appropriate administrative and legislative frameworks will need to be determined and established, however, the Rotterdam Secretariat and SPREP can assist countries in this task.

    Measures will also need to be taken to strengthen the national infrastructures to effectively implement the Convention. While training may be required for staff in chemicals management, most importantly, Customs Officers will need capacity building in identifying and notifying chemical imports.




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    What a Country Can Do About a Hazardous Chemical?:

    A Party can ban or severely restrict a chemical domestically (this is known as a final regulatory action). Once a country has taken a final regulatory action, it must notify the Secretariat and include information listed in Annex I (See below) (JOHN LINK)


    How Does a Chemical Get Listed under Annex III?


    Step 1: Proposing a chemical for listing:

    There are two means whereby a chemical can be proposed for listing:

    (i) Developing Country Route:
    A developing country Party which is experiencing problems with a severely hazardous pesticide formulation may propose to the Secretariat that that chemical be listed on Annex III (Article 6).

    The type of information that needs to be submitted to the Secretariat includes:

    • Name of formulation;
    • Name of active ingredient;
    • Relative amount;
    • Type of formulation;
    • Trade names and names of producers;
    • Common use of the formulation;
    • A description of incidents related to the problem; and
    • Any regulatory or administrative action taken with regard to the incidents.

      (ii) Double Nomination Route:
      One notification can be received from each of two Prior Informed Consent regions, (determined at the first Conference of Parties).

      Step 2: Consideration by Chemical Review Committee:

      Article 5 of the Rotterdam Convention sets out the procedure for chemical review and recommendations of the Chemical Review Committee (CRC), which is the scientific body for the Convention that assesses the chemicals and provides advice to the COP for consideration.

      On receiving the notifications (either single notification for a severely hazardous pesticide formulation or notifications from two parties in two different PIC regions regarding a specific chemical), the Secretariat verifies the notifications and informs other Parties about the notifications received.

      The Secretariat then forwards the notifications with the appropriate information to the CRC in order for it to review and consider recommending the chemical for inclusion in Annex III of the Convention.

      The CRC reviews the information provided in the notifications and, in accordance with the criteria set out in Annex II, (LINK). It then recommends to the Conference of the Parties whether the c hemical in question should be made subject to the Prior Informed Consent procedure and, accordingly, be listed in Annex III.

      As an example, the CRC has recently completed assessments of two pesticides - endosulfan and tributyl tin compounds and will recommend their inclusion in Annex III to the next Conference of Parties meeting in Rome during 2008.

      Step 3: Consideration by the Conference of Parties:

      Recommendations for listing by the CRC are then presented to the Conference of Parties (COP). The COP decides whether a chemical is listed on Annex III (and hence be subject to prior informed consent requirements.)

      Chrysotile asbestos has twice been recommended by the Chemical Review Committee for adoption by the COP for inclusion in Annex III on the basis that it meets the criteria for inclusion. The COP has not yet decided to list Chrysotile asbestos in Annex III.

      Annex 1 describes the information required for the notification (Article 5).

      Annex 1 - Information Required for Notification of a Banned or Severely Restricted Chemical

      1. Properties, identification and uses:
      (a) Common name;
      (b) Chemical name according to an internationally recognised nomenclature (for example, International National Union of Pure and Applied Chemistry (IUPAC)), where such nomenclature exists;
      (c) Trade names and names of preparations;
      (d) Code numbers: Chemical Abstract Service (CAS) number, Harmonised System customs code and other numbers;
      (e) Information on hazard classification, whether chemical is subject to classification requirements;
      (f) Use or uses of the chemical; and
      (g) Physico-chemical, toxicology call and ecotoxicological properties.

      2. Final regulatory action
      (a) Information specific to the final regulatory action:
         (i) Summary of the final regulatory action;
         (ii) Reference to the regulatory document;
         (iii) Date of entry into force of the final regulatory action;
         (iv) Indication of whether the final regulatory action was taken on the basis of a risk or hazard evaluation and, if so, information on such evaluation, covering a reference to the relevant documentation;
         (v) Reasons for the final regulatory action relevant to human health, including the health of consumers and workers, or the environment;
         (vi) Summary of the hazards and risks presented by the chemical to human health, including the health of consumers and workers, or the environment and the expected effects of the final regular regulatory action.
      (b) Category or categories where the final regulatory action has been taken, and for each category:
         (i) Use or uses prohibited by the final regulatory action;
         (ii) Use or uses that remain allowed ;and
         (iii) Estimation, where available, of quantities of the chemical produced, imported, exported and used.
      (c) An indication, to the extent possible, of the likely relevance of the final regulatory action to other States and regions;
      (d) Other relevant information that may cover:
         (i) Assessment of socio-economic effects of the final regulatory action; and
         (ii) Information on alternatives and their relative risks, where available, such as:
           - Integrated pest management strategies;
           - Industrial practices and processes, including cleaner technology.




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      What Happens to Chemicals Once They Are Listed in the Convention?:

      Chemicals that are listed under Annex III of the Convention require 'Prior Informed Consent Procedures'. This means that before these chemicals are to be exported, the exporting country must ensure that the importing country has consented to its import. Countries must not allow chemicals to be exported contrary to an import decision.

      However, there can be a time delay between listing of a chemical on Annex 111 and the appropriate decision guidance documents being supplied to the Parties for their response.





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