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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Protection of confidentiality and its limits. In some cases, information submitted to governments by a manufacturer or other commercial entity in the process of securing official authorisation to market a chemical or pesticide may be considered commercially sensitive by the company concerned. The company may seek to have the government keep this information confidential, including refusing requests from the public for this information, because of the risk that a competitor could use the information to its advantage, if disclosed.
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Information on the final regulatory action and the hazards and risks presented by the chemical to human health or the environment;
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The information contained in the safety data sheet;
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The production and expiry dates of the chemical;
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Information on precautionary measures, including hazard classification, the nature of the risks involved, and relevant safety devices;
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Summary results of toxicological and eco-toxicological tests.
4.2.7(c) Public participation (stakeholder involvement) Public participation is another characteristic of good governance recognised in international environmental instruments. For example, SAICM highlights the need for meaningful stakeholder participation in chemicals management. Public participation can be either direct or through intermediate institutions. But traditional representative democracy is often not sufficient in itself to take account of the concerns of ordinary citizens, particularly the views of the most vulnerable in society who are often those most at risk from adverse effects from chemicals. Effective participation needs to be informed and organised. This means freedom of information, association and expression on the one hand, and an organised civil society on the other hand. The UNECE Aarhus Convention177 already mentioned above in relation to access to information, confers specific rights of participation in certain government decisions related to the environment, including during the regulatory process itself. Other international environmental conventions have followed this example by including specific provisions requiring Parties to grant access to information and the right to public participation. The Stockholm Convention, for instance, requires Parties – within their capabilities – to promote and facilitate public participation in addressing POPs and their health and environmental impacts, and in developing adequate responses. This is to include providing opportunities for public input at national level concerning implementation of the Convention,178 e.g., during the elaboration of national implementation plans and the plans for cleaning up stockpiles of pesticides and contaminated sites. Many countries have incorporated this approach into their implementation of the Convention, for example.
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Art. 9 of the Stockholm Convention and Art. 14 of the Rotterdam Convention.
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http://www.unece.org/env/pp/.
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Art. 10.1(d) of the Stockholm Convention.
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The right of companies to commercial confidentiality is recognised by the Stockholm and Rotterdam Conventions.176 However, while national legislation can set some grounds for confidentiality, both Conventions are clear that information related to the health and safety of humans and the environment should not be withheld from the public on the basis of confidentiality. Article 14(3) of the Rotterdam Convention gives more detailed guidance as to the kind of information that should not be regarded as confidential: