I n t e r n a t i o n a l To o l s f o r P r e v e n t i n g L o c a l P e s t i c i d e P r o b l e m s : A Consolidated Guide to the Chemical Codes & Conventions
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Restrictions on chemical use as a means of managing associated risks are at the core of the chemicals conventions. The Stockholm Convention on persistent organic pollutants (POPs)130 and the Montreal Protocol on ozone-depleting substances131 are both aimed at the phase-out and eventual elimination of certain chemicals which have been found to pose unacceptable risks to human health and/or the environment. The Rotterdam Convention on prior informed consent (PIC)132 is aimed at informing Parties when a chemical in international trade has been severely restricted or banned by other Parties to the Convention for health or environmental reasons, so that importing countries can take informed decisions about whether additional measures are needed to manage any associated risks.
In addition to negative bans, such as the Stockholm Convention’s list of POPs, regulatory schemes can also be based on positive lists, e.g., chemicals which have been determined, after an assessment process, to be suitable for a particular use. Annex I of the EU Directive on plant protection products, which lists active substances approved for inclusion in pesticide products, is an example of the use of a positive list.134 4.2.3(b) For pesticides in particular The Code of Conduct states that governments should strive to establish pesticide registration schemes to ensure that each pesticide product is registered before it is made available for use.135 A pesticide registration/authorisation system requires a government to have the relevant technical capacity to handle the registration of pesticides, and to ensure that only registered pesticides are placed on the market for sale and use within the territory. At a minimum, this requires designation of a competent authority and ensuring sufficient trained personnel to carry out a scientific assessment of the data put forward in any applications for registration of a pesticide active ingredient or product. Monitoring capacity should also be in place so that any non-registered products that may enter the market can be identified and removed. The Code of Conduct also recommends that governments cooperate with other governments to establish harmonised pesticide registration requirements, either regionally or by groups of countries.136 The work of the ComitÊ SahÊlien des Pesticides described in Section 3 is an example of best practice in this regard. The European Union through its Directives on plant protection products and biocides is another example of a successful regional scheme for pesticide authorisation. The registration/authorisation system should take into account local needs, social and economic conditions, levels of literacy, climatic conditions and availability of appropriate pesticide application and personal protective equipment.137 It should indicate the specific uses for which the active ingredient or product is authorised, as well as any conditions or restrictions related to its use. For example, some pesticides may be considered to pose significant risks that can be managed only by professional users. The regulatory decision may be to not authorise the pesticide product for sale to the general public. The parameters for taking pesticide registration decisions can vary widely and should be left to the discretion of each government. However, the regulatory and other control measures in place must be sufficient to ensure that the product can be handled with appropriate protections and acceptable levels of risk to the user and the environment.
130
http://www.pops.int/.
131
http://ozone.unep.org/pdfs/Montreal-Protocol2000.pdf.
132
http://www.pic.int/.
133
ftp://ftp.fao.org/docrep/fao/meeting/011/j9387e.pdf.
134
A proposal for a new regulation on authorisation of plant protection products is currently under consideration by the EU. COM(2006) 388 final,
135
Art. 6.1.2 of the Code of Conduct.
136
Art. 6.1.5 of the Code of Conduct.
available at: http://ec.europa.eu/environment/ppps/strategy.htm.
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In 2006, the FAO Council at its 131st session recommended that the FAO consider activities aimed at risk reduction, including a progressive ban on highly hazardous pesticides.133 The recommendation recognised the limitations of the WHO classification system, where some pesticides with a record of causing health hazards under conditions of use in developing countries, were listed in categories denoting a lower hazard. It noted that in view of the broad range of activities envisaged within SAICM, there was currently the momentum to address the use of highly toxic pesticides (HTPs), especially in developing countries.