[Senate Treaty Document 106-21]
[From the U.S. Government Publishing Office]
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106th Congress Treaty Doc.
2d Session SENATE 106-21
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ROTTERDAM CONVENTION CONCERNING HAZARDOUS CHEMICALS AND PESTICIDES IN
INTERNATIONAL TRADE
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR
CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNATIONAL TRADE, WITH
ANNEXES, DONE AT ROTTERDAM, SEPTEMBER 10, 1998
February 9, 2000.--Convention was read the first time, and together
with the accompanying papers, referred to the Committee on Foreign
Relations and order to be printed for the use of the Senate
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U.S. GOVERNMENT PRINTING OFFICE
79-118 WASHINGTON : 2000
LETTER OF TRANSMITTAL
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The White House, February 9, 2000.
To the Senate of the United States:
I transmit herewith, for the advice and consent of the
Senate to ratification, the Rotterdam Convention on the Prior
Informed Consent Procedure for Certain Hazardous Chemicals and
Pesticides in International Trade, with Annexes, done at
Rotterdam, September 10, 1998. The report of the Department of
State is enclosed for the information of the Senate.
The Convention, which was negotiated under the auspices of
the United Nations Environment Program and the United Nations
Food and Agriculture Organization, with the active
participation of the United States, provides a significant and
valuable international tool to promote sound risk-based
decisionmaking in the trade of certain hazardous chemicals.
Building on a successful voluntary procedure, the Convention
requires Parties to exchange information about these chemicals,
to communicate national decisions about their import, and to
require that exports from their territories comply with the
import decisions of other Parties.
The United States, with the assistance and cooperation of
industry and nongovernmental organization, plays an important
international leadership role in the safe management of
hazardous chemicals and pesticides. This Convention, which
assists developing countries in evaluating risks and enforcing
their regulatory decisions regarding trade in such chemicals,
advances and promotes U.S. objectives in this regard. All
relevant Federal agencies support early ratification of the
Convention for this reason, and we understand that the affected
industries and interest groups share this view.
I recommend that the Senate give early and favorable
consideration to the Convention and give its advice and consent
to ratification, subject to the understanding described in the
accompanying report of the Secretary of State.
William J. Clinton.
LETTER OF SUBMITTAL
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Department of State,
Washington, September 24, 1999.
The President,
The White House.
The President: I have the honor to submit to you the
Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International
Trade, with Annexes, done at Rotterdam September 30, 1998. The
United States signed the Convention, subject to ratification,
on September 11, 1998. I recommend that the Convention be
transmitted to the Senate for its advice and consent to
ratification.
Advances in chemical synthesis and production in this
century have been responsible for many important benefits
currently enjoyed by modern society. The introduction and use
of chemicals and pesticides into the environment, however, also
carries with it inherent risks. The United States has made
great strides to address these risks since the dangers of
indiscriminate pesticide use were highlighted some thirty-five
years ago. Each year, chemical manufacturers and developed-
country governments such as the United States spend many
millions of dollars to test and assess chemicals to ensure that
they can be managed in a sound manner once they are introduced
into commerce. The Environmental Protection Agency and other
state and federal agencies employ a great number of experts to
decide which chemicals can be used safely and to ensure their
safe use.
Outside the developed world, however, countries simply do
not have these resources at their disposal, and the United
States and other developed countries have long recognized the
critical role they play in sharing their experience and
knowledge with developing countries and to help alert them to
significant chemical risks. With the current pace of
globalization and associated increases in chemical trade, the
need to promote good risk-based decision-making is also
increasing rapidly in many countries.
The Rotterdam Convention is a substantial new tool to
promote this goal. The Convention establishes a procedure to
promote shared responsibility in the international trade of
certain hazardous chemicals through the exchange of information
about these chemicals and the communication of national
decisions about their import and export. Under the Convention,
each Party agrees to inform the Secretariat of its national
decisions regarding the import of certain listed chemicals, and
each Party is required to ensure that exports from its
territory comply with those import decisions. This mechanism is
known as the prior informed consent, or ``PIC'', procedure. The
Convention also required each exporting Party to provide export
notifications to importing Parties with respect to eachchemical
that the exporting Party has banned or severely restricted under its
domestic law.
The Convention builds on voluntary guidelines for the
exchange of information on chemicals in international trade and
on a parallel international code of conduct for the
distribution and use of pesticides (the ``voluntary
procedure''). The United States helped develop the voluntary
procedure, which was designed to give developing countries
information about risks posed by especially hazardous chemicals
and to assist them in enforcing their decisions regarding trade
in such chemicals. Over 150 countries currently participate in
the voluntary procedure, which has been operational since 1992.
Major chemical producers and environmental groups from the
United States and abroad have supported the voluntary procedure
and endorsed its being strengthened into binding obligations.
The Convention includes in its original list of chemicals
subject to the PIC procedure the 27 chemicals that were listed
in the voluntary procedure at the time the Convention was
concluded.
The United States played a leading role in negotiating the
Convention, which was developed under the joint auspices of the
Food and Agriculture Organization of the United Nations (FAO)
and the United Nations Environment Program (UNEP). Throughout
the negotiations, the Department of State and interested
federal agencies, including the Environmental Protection
Agency, the Department of Commerce, the United States Trade
Representative, and the Department of Agriculture, consulted
with the Congress, industry, and environmental organizations.
The relevant federal agencies support expeditious ratification
of the Convention by the United States. The Convention has the
support of U.S. industry and environmental organizations.
The following analysis reviews the Convention's key
provisions and sets forth the proposed understanding of the
United States with respect to several elements.
preamble
The Preamble emphasizes that the Convention shall not be
interpreted as implying in any way a change in the rights and
obligations of a Party under any existing international
agreement applying to chemicals in international trade or to
environmental protection. The text thus clarifies that the
convention does not affect the rights and obligations created
by agreements such as the Agreement establishing the World
Trade Organization. This text was agreed to in recognition of
the fact that the Convention can be implemented by Parties in a
manner fully consistent with such agreements.
article 1 (objective)
This article sets out the objective of the Convention,
which is to be pursued in accordance with the specific
operative provisions. The objective is to promote shared
responsibility in the international trade of certain hazardous
chemicals in order to protect human health and the environment.
Article 2 (Definitions)
Paragraph (a) expressly provides that the term ``chemical''
includes a substance ``whether by itself or in a mixture or
preparation.'' In defining a ``chemical,'' paragraph (a)
further provides that the term consists of two categories:
pesticide (including severely hazardous pesticide formulations)
and industrial. These categories are significant because the
responses of importing countries are tied to a specific
category of use, as are the obligations of exporting Parties
under the Convention. This approach is consistent with the
distinction between pesticides and industrial chemicals under
U.S. law, and with the implementation of the voluntary
procedure in the United States.
Paragraph (b) defines a ``banned chemical'' as a chemical
all uses of which within the pesticide and/or industrial
categories have been prohibited in order to protect human
health or the environment. Paragraph (c) defines a ``severely
restricted chemical'' as a chemical virtually all use of which
within the pesticide and/or industrial categories has been
prohibited, but for which certain specific uses remain allowed.
These definitions expressly include a chemical that has been
refused approval or withdrawn by industry when there is clear
evidence that such action has been taken in order to protect
human health or the environment. This definition reflects the
fact that chemicals are sometimes withdrawn prior to a
regulatory determination, based on the anticipation that they
would be subject to a ban or severe restriction if the
regulatory process were carried through to conclusion.
Paragraph (d) defines a ``severely hazardous pesticide
formulation'' as ``a chemical formulated for pesticidal use
that produces severe health or environmental effects observable
within a short period of time after single or multiple
exposure, under conditions of use.'' In developed countries,
such formulations are likely to be subject to stringent
handling requirements, such as application by means of closed
tractor cabs or fully enclosed suits with respirators. These
requirements would not give rise to a definition as a
``severely restricted chemical'' under the Convention, but
nonetheless may be difficult or impossible to put into effect
in many developing countries. The Convention therefore sets out
a specific procedure for the inclusion of such formulations in
the PIC procedure.
Paragraph (e) defines ``final regulatory action'' as an
action the purpose of which is to ban or severely restrict a
chemical, and which does not require subsequent action. As
discussed below, a Party's adoption of a ``final regulatory
action'' with respect to a particular chemical gives rise to
certain notification requirements. This definition makes it
clear that interim domestic regulatory measures do not trigger
such obligations.
Article 3 (Scope of the Convention)
This article specifies that the Convention applies to
banned or severely restricted chemicals and severelyhazardous
pesticide formulations. It also specifies that the Convention does not
apply to: narcotic drugs and psychotropic substances; radioactive
materials; wastes; chemical weapons; pharmaceuticals, including human
and veterinary drugs; chemicals used as food additives; food; and
chemicals in quantities not likely to affect human health or the
environment, provided they are imported for the purpose of research or
analysis or by an individual for his or her personal use in quantities
reasonable for such use.
article 4 (designated national authorities)
Each Party shall designate one or more national authorities
to perform the administrative functions required by this
Convention. In the United States, the Assistant Administrator
for Prevention, Pesticides and Toxic Substances of EPA
currently serves as the designated national authority for the
voluntary PIC procedure, and it is anticipated that this
arrangement would continue under the Convention.
article 5 (procedures for banned or severely restricted chemicals)
Article 5 describes the mechanism for global notification
of national decisions to ban or severely restrict chemicals.
Under this mechanism, each Party shall notify the Secretariat
when it adopts a final regulatory action to ban or severely
restrict a chemical. The notification shall include certain
information regarding both the chemical and the regulatory
action, such as the basis for the regulatory action. The
information requirements for such notifications are contained
in Annex 1. In addition, this article sets out the procedure by
which a banned or severely restricted chemical is considered
for inclusion in the list of chemicals subject to the PIC
procedure (Annex III).
Pursuant to paragraph 5, when the Secretariat has received
notifications regarding a national decision to ban or severely
restrict a particular chemical from at least two countries from
different regions of the world, it forwards these notifications
to the Chemical Review Committee established under the
Convention. This two-region process ensures that chemicals of
concern to only one region will not be subject to consideration
for inclusion in the globally binding PIC procedure. The
composition of the regions will be designated in a future
decision of the conference of the Parties, based on the
regional groupings used in the FAO.
Following transmittal of the notifications pursuant to
paragraph 5, the Chemical Review Committee then considers the
chemical for possible inclusion in the PIC procedure. Paragraph
6 requires that, in reviewing a notification, the Committee
consider several criteria, including whether the regulatory
action has been taken on the basis of a risk evaluation, and
whether the considerations giving rise to the regulatory action
are based on limited geographical or other circumstances. The
criteria are set out in Annex II. Based on its review, the
Chemical Review Committee then makes a recommendation to the
Conference of the Parties whetherthe candidate chemical should
be added to Annex III and thereby made subject to the PIC procedure.
article 6 (procedures for severely hazardous pesticide formulations)
Article 6 establishes distinct procedures and criteria for
considering inclusion of severely hazardous pesticide
formulations in Annex III on the basis of actual problems in
developing countries or in countries with economies in
transition. Under paragraph 1, any developing country Party or
Party with an economy in transition that is experiencing
problems caused by a severely hazardous pesticide formulation
may propose it for listing in Annex III. The proposal shall
contain certain specified information, including a description
of incidents related to the substance, such as adverse effects
and the way in which the formulation was used, and any
regulatory measure taken or intended to be taken by the
proposing Party in response to these incidents.
Paragraph 2 requires the Secretariat to verify whether the
proposal contains the required information, and, if so, to
forward within six months a summary of the information to all
Parties. Paragraph 3 further requires the Secretariat to
collect certain additional information, including, for example,
information on the properties of the formulation, the existence
of handling restrictions in other States, and information on
incidents in other States.
Pursuant to paragraph 5, when the requirements of
paragraphs 2 and 3 have been fulfilled, the Chemical Review
Committee reviews whether the pesticide formulation merits
inclusion in Annex III. As with a banned or severely restricted
chemical, the Convention specifies certain criteria that the
Committee shall consider in its review, in order to help
Parties determine the reliability and seriousness of incident
reports and the degree to which they support the pesticide
formulation's listing in Annex III. The criteria include, for
example, the reliability of the evidence linking the
formulation to the reported incidents, and the relevance of
such incidents to other States with similar conditions. The
criteria are set out in part 3 of Annex IV. Based on this
review, the Chemical Review Committee then recommends to the
Conference of the Parties whether the proposed pesticide
formulation should be added to Annex III.
article 7 (listing of chemicals in annex iii)
This article sets out the procedure for the addition of a
chemical to Annex III. For each chemical that the Chemical
Review Committee decides to recommend for listing in Annex III,
it shall prepare a decision guidance document and forward that
document along with its recommendation to the Conference of the
Parties.
The Conference of the Parties then makes a decision whether
the chemical is to be listed in Annex III. Pursuant to
paragraph 5(b) of Article 22, those decisions are taken by
consensus and become binding on all Parties. This special
procedure ensures that there is widespread support for the
listing of a particular chemical, andthat the list of chemicals
that are subject to the PIC procedure is uniform for all Parties.
article 8 (chemicals in the voluntary prior informed consent procedure)
As noted above, Annex III currently consists of the 27
chemicals that had been subject to the voluntary PIC procedure
at the time the Convention was concluded. Because it was
intended that the voluntary procedure would continue during the
period before the convention's entry into force, however,
Article 8 ensures that any new chemicals added to the voluntary
procedure during that interim period will be fully considered
before inclusion in the Convention. As with all decisions
regarding the addition of new chemicals to Annex III, pursuant
to paragraph 5(b) of Article 22, such decisions will be taken
by the Conference of the Parties by consensus.
article 9 (removal of the chemicals from annex iii)
Article 9 sets forth the procedure for proposing the
removal of a chemical from Annex III. A Party may submit
information that was not available at the time the decision to
list a chemical was made. The procedure under which such a
proposal is considered closely parallels the procedure for
adding chemicals, as set forth in Articles 6, 7, and 8.
article 10 (obligations in relation to imports of chemicals listed in
annex iii)
Article 10 sets forth obligations on Parties with respect
to the import of chemicals listed in Annex III. Pursuant to
paragraph 2, for each chemical listed in Annex III, each Party
shall transmit a response with its decision concerning the
future import of that chemical; that decision will form the
basis of exporting Party obligations under the PIC procedure.
An importing Party's responses shall consist of: a decision to
consent to import; a decision not to consent to import; or a
decision to consent to import only subject to specified
conditions. These responses may be either final decisions or
interim responses.
As discussed above, pursuant to paragraph 5, a Party's
response shall relate to the category or categories under which
the chemical is listed in Annex III. For example, for those
chemicals that are listed in Annex III under the pesticide
category, decisions with respect to the import of the chemical
shall apply only to uses as pesticides.
Paragraph 9 requires Parties that prohibit or condition the
import of a chemical listed in Annex III to simultaneously
prohibit or make subject to the same conditions both imports of
the chemicals from any source, and domestic production of the
chemical for domestic use. This provision thus requires that
import decisions under the PIC procedure will have a trade
neutral effect.
Paragraph 10 provides that every six months the Secretariat
shall inform the Parties of the responses it has received.
Article 11 (Obligations in relation to exports of chemicals listed in
Annex III)
Article 11 sets forth obligations on exporting Parties with
respect to chemicals listed in Annex III. Paragraph 1 requires
each Party to adopt measures to communicate other Parties'
import decision responses to those concerned in its
jurisdiction and to take appropriate measures to ensure that
exporters comply with those importing Party responses. This
obligation is similar to current U.S. law requiring U.S.
exporters to comply with specifications or directions of
importers abroad.
Paragraph 1(c) requires Parties to assist importing
countries, upon request and as appropriate, to obtain further
information to help them to make responses under Article 10,
and to strengthen their capacities to manage chemicals safely.
The United States already provides such assistance upon
request. The language of this article will give the United
States the latitude to determine, from the standpoint of
resource allocation and applicable U.S. law, those requests
that are appropriate for U.S. assistance.
Paragraph 2 sets forth provisions that govern exports to a
Party that has failed to transmit an import response or has
transmitted an interim response that does not specify its
decision with regard to imports. This provision requires that
exporting Parties take steps to ensure that a listed chemical
is not exported to a Party that has failed to transmit a
response, unless the chemical is registered in the importing
Party, there is evidence that the chemical has previously been
used or imported there, or the exporter has obtained the
importing Party's explicit consent. This grace period for
importing countries parallels the approach in the voluntary PIC
procedure, and reflects the fact that there may be exceptional
circumstances in which certain Parties are unable to provide
responses in a timely manner. These obligations remain in
effect for a period of one year, beginning six months after the
date that the Secretariat has circulated the initial set of
responses to the Parties. This ``sunset'' provision, which is
not part of the current voluntary PIC procedure, is designed to
impose incentives on countries to ensure that they file import
responses pursuant to Article 10.
article 12 (export notification)
Article 12 requires a Party to provide an export
notification to the importing Party when a chemical that is
banned or severely restricted under the exporting Party's law
is exported from its territory. The information required to be
contained in these export notifications is set out in Annex V.
The export notification shall be provided prior to the first
export following adoption of the regulatory action, and,
thereafter, before the first export in any calendar year or
after a major change in the regulatory status of thechemical.
This article also requires importing Parties to acknowledge receipt of
the first export notification. In the absence of such acknowledgement,
exporting Parties are required to submit a second notification. The
second notification does not need to be provided prior to export. This
article also provides that the export notification requirement may be
waived by the importing Party.
These export notification obligations cease when a chemical
has been listed in Annex III and the importing Party has
provided an import decision response concerning that chemical.
The requirement is based on the principle that importing
Parties should be informed if they are receiving exports of
chemicals that are banned or severely restricted in the country
of export. Certain export notification requirements are already
in place in the United States and certain other developed
countries.
Article 12 does not expressly state whether the obligation
to provide export notifications extends to exports of chemicals
in a different category (i.e., pesticide or industrial
chemical) from the one in which the exporting Party imposed a
ban or severe restriction. At the behest of the United States,
Canada, Mexico and the European Union, it was made clear during
the negotiation, however, that the obligation in article 12
would be fulfilled if a country only required notification of
exports in the same category in which the ban or severe
restriction had been taken. This category-based approach to
export notification is consistent with the approach taken by
the United States and several other countries in implementing
the voluntary PIC procedure. In order to emphasize this point,
I recommend that the following understanding be included in the
U.S. instrument of ratification:
It is the understanding of the United States of
America that the notification obligation in Article 12
requires only that an exporting Party provide export
notifications with respect to exports in the same
category of chemicals in which the exporting Party has
imposed a ban or severe restriction, and does not
require notifications for exports of chemicals in a
different category.
article 13 (information to accompany exported chemicals)
Article 13 contains a number of provisions relating to
shipping documents, labeling, and safety data sheets for
exported chemicals that are either listed in Annex III or
banned or severely restricted by an exporting Party. These
provisions are in keeping with the purpose of the Convention to
provide appropriate information regarding exports of especially
hazardous chemicals.
Paragraph 1 encourages the world Customs Organization to
assign specific Harmonized System customs codes to chemicals
listed in Annex III. This approach has been used in the case of
certain other controlled products, and was considered an
effective way to use existing mechanisms to help Parties track
the levels of PIC chemicals in their territory. Exporting
Partiesshall require that such codes, if assigned, are included
in shipping documents.
Pursuant to paragraph 2, each Party shall require that
exports of chemicals that are listed in Annex III or are banned
or severely restricted in its territory be subject to certain
labeling requirements. The labeling requirements shall ensure
adequate availability of information with regard to risks and/
or hazards to human health or the environment, taking into
account relevant international standards. Paragraph 3 provides
that a Party may, should it so decide, require that chemicals
subject to environmental or health labeling in its territory
also be subject to labeling requirements upon export. These
labeling requirements are similar to requirements under current
U.S. law with respect to pesticide exports.
Paragraph 4 requires that, for chemicals listed in Annex
III and chemicals that are banned or severely restricted in its
territory that are to be used for occupational purposes, each
exporting Party shall require that a safety data sheet that
follows an internationally recognized format is sent to the
importer.
Article 14 (Information exchange)
Article 14 contains a number of general provisions designed
to facilitate the exchange of information relevant to the
objections of the Convention. The Convention will be an
important mechanism for helping countries better obtain and use
information in making decisions regarding chemicals posing
particular risks, and this article is in keeping with that
purpose.
Parties that exchange information pursuant to this
Convention shall protect any confidential information as
mutually agreed. Paragraph 3 lists several categories of
information that shall not be regarded as confidential for the
purposes of the Convention, including information referred to
the Annex 1 (concerning notifications of final regulatory
actions). Paragraph 2(b)(iii) of that annex requires that the
notifications include an ``[e]stimation, where available, of
quantities of the chemical produced, imported, exported and
used.'' The negotiating record expressly reflects that
negotiators understood this provision to require reasonable
reporting of available information on relative quantities of
the chemicals produced, imported, exported, and used for the
purpose of helping other Parties determine the significance of
a Party's final action. For this reason, the United States
would generally be able to provide the required information at
a level of generality consistent with U.S. law regarding the
protection of confidential business information.
Article 15 (Implementation of the Convention)
This article requires each Party to establish the necessary
institutional measures to effectively implement the Convention,
to ensure that its public has appropriate access to information
to hazardous chemicals, and to cooperate in implementation of
the Convention. It also provides that the Convention does not
restrict the right of a Party to take more protective measures,
provided that such measures are consistent with the Convention
and in accordance with international law.
Article 16 (Technical Assistance)
This article requires the Parties to cooperate in promoting
technical assistance for the development of the capacity to
manage chemicals to enable implementation of the Convention.
Article 17 (Non-Compliance)
This article provides that the Conference of the Parties
shall, as soon as practicable, establish procedures for
determining non-compliance with the Convention and for
treatment of Parties found to be in non-compliance.
Article 18 (Conference of the Parties)
Article 18 establishes a Conference of the Parties and
outlines its duties and functions. It also provides that the
Conference of the Parties shall establish the Chemical Review
Committee. The Committee will consist of a limited number of
government-designated experts that are appointed by the
Conference of the Parties.
Article 19 (Secretariat)
Article 19 establishes a Secretariat, identifies its
functions, and specifies that those functions shall be
performed jointly by the Executive Director of UNEP and the
Director-General of FAO.
article 20 (settlement of disputes)
This article provides that the Parties shall settle
disputes through negotiation or other peaceful means.
Consistent with many recent environmental agreements, this
article also provides for mandatory recourse, at the request of
one party to a dispute, to non-binding conciliation. In
addition, paragraph 2 provides that a Party may declare that it
is prepared to submit to compulsory dispute settlement by
arbitration or before the International Court of Justice with
respect to Parties that have made similar declarations. I
recommend that the United States not make such a declaration.
articles 21-29 (final clauses)
Article 21 and 22 contain the procedures for amending the
Convention and its annexes. An amendment to the Convention
requires adoption by a three-fourths majority, and enters into
force for those Parties having accepted the amendment on the
ninetieth day after the date of deposit of instruments of
ratification, acceptance or approval by at least three-fourths
of the Parties. New annexes, as well as amendments to all
annexes except for Annex III, are proposed and adopted in the
same manner as amendments to the Convention. They differ,
however, in that they enter into force one year after adoption
for all Parties that have not, within that year, indicated
their inability to accept them. Article 22 provides that
annexes shall be restricted to procedural, scientific,
technical or administrative matters; for this reason, it is
envisaged that amendments to such annexes would not ordinarily
be submitted for the Senate's advice and consent, but rather
would be entered into under the existing authority of the
Executive.
Paragraph 5 of Article 22 sets out a special procedure for
the proposal, adoption, and entry into force of amendments to
Annex III, due to the significant obligations attached to the
listing of a chemical in Annex III, and the need for all
Parties to have identical obligations with respect to that
Annex. Amendments to Annex III are to be adopted by the
Conference of the Parties by consensus and will enter into
force for all Parties on a date to be specified in the relevant
decision by the Conference of the Parties.
Article 23 describes voting procedure, including those for
regional economic integration organizations. Article 24
specifies the opening of the Convention for signature. Article
25 provides rules governing ratification, acceptance, approval
or accession. Article 26 specifies that the Convention will
enter into force on the ninetieth day after the date of deposit
of the fiftieth instrument of ratification, acceptance,
approval or accession. Article 27 prohibits reservations to the
Convention. Article 28 provides for withdrawal by any Party at
least three years after the Convention has entered into force
for that Party. Such withdrawal will take effect one year after
receipt by the Depository of the notification of withdrawal.
Article 29 specifies that the Secretary-General of the United
Nations shall be the Depositary.
Annex I--Information requirements for notifications made pursuant to
Article 5
Annex I contains information that Parties are required to
provide to accompany a notification to the Secretariat of a
final regulatory action pursuant to Article 5.
Annex II--Criteria for the listing of banned or severely restricted
chemicals in Annex III
Annex II contains detailed criteria to be used by the
Chemical Review Committee in determining whether a chemical
should be listed in Annex III on the basis of final regulatory
actions to ban or severely restrict it. It is associated with
the obligations in Article 5.
Annex III--Chemicals subject to the Prior Informed Consent Procedure
Annex III contains the list of chemicals or classes of
chemicals and their use categories that are subject to the
Prior Informed Consent procedure. As noted above, at the time
the Convention enters into force, Annex III shall consist of
the 27 chemicals listed in the annex attached herewith.
Annex IV--Information and criteria for listing of severely hazardous
pesticide formulations in Annex III
This annex sets out the information a Party is required to
provide when it proposes the listing of a severely hazardous
pesticide formulation, specifies additional information that
the Secretariat is required to gather regarding the substance,
and sets out criteria that the Chemical Review Committee shall
take into account when reviewing whether to recommend the
substance for inclusion in Annex III. The annex is associated
with the obligations in Article 6.
Annex V--Information requirements for export notification
Annex V sets out the information that shall be contained in
export notifications required under Article 12.
Although much of the Convention can be implemented in the
United States under existing statutory authority, it is
envisaged that certain changes in domestic law would be made
before the United States would deposit its instrument of
ratification. The United States would likely implement its
obligations relating to the pesticide category of chemicals
through the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), and those relating to the industrial category through
the Toxic Substances Control Act (TSCA). These statutes
currently provide EPA with some limited authority over the
export of particularly hazardous chemicals, but it is envisaged
that additional legislative authority will be required to
expeditiously and effectively meet all the Convention's
requirements.
The primary legislative changes would include a
clarification of EPA's authority to condition or prohibitU.S.
exports of Annex III listed chemicals in a manner consistent with the
importing Party's import decision response, as required under Article
11. Similarly, additional authority may be required in order to ensure
full compliance with the export notification requirements for banned or
severely restricted chemicals that are set forth in Article 12, and
with the labeling and safety data sheet requirements in Article 13.
Certain other technical adjustments to existing authority may be
required; all necessary changes will be included in the
Administration's proposal for legislation to implement the Convention,
which will be provided in due course.
To date, 62 states have signed the Convention; no state has
yet acceded to or ratified the Convention. Several states,
including many members of the Organization for Economic
Cooperation and Development, are expected to deposit
instruments of accession or ratification soon. Early U.S.
ratification would provide valuable momentum to bring the
Convention into force and would demonstrate the continued
commitment of the United States to cooperation with the
international community on chemicals management issues. It
would also enhance the international leadership role of the
United States related to the safe management of hazardous
chemicals and pesticides, particularly during this important
period when the details and implementation of the Convention
are being discussed internationally. Finally, it would ensure
that the United States is a Party when the Convention enters
into force, when many of the critical decisions relating to its
implementation will be made. For example, only Parties will be
able to designate experts to sit on the Chemical Review
Committee, which will play an important role in considering the
addition of chemicals to Annex III.
I recommend that the Rotterdam Convention on the Prior
Informed Consent Procedure for Certain Hazardous Chemicals and
Pesticides in International Trade, with Annexes, be transmitted
to the Senate for its advice and consent as soon as possible.
Respectfully submitted.
Strobe Talbot.