In Brief

MINISTERS AGREE STEPS TO REGULATE MERCURY

Ministers at a recent high-level environmental gathering have agreed to take steps to limit global exposure to the toxic chemical mercury. As countries remain divided on whether to opt for voluntary commitments or legally-binding rules, they decided to focus on a voluntary programme for the time being, leaving open the possibility to start negotiations on a treaty in two years' time.

The mercury issue has been divisive at the UN Environment Programme (UNEP) Governing Council in the past (see BRIDGES Trade BioRes, 4 March 2005, http://www.ictsd.org/biores/05-03-04/inbrief.htm#3), and those involved in the process said that the decision to scale up activity in this area was significant.

"The mercury decision... underlines a new determination by environment ministers to rise to the challenges of our time," commented UNEP Executive Director Achim Steiner. The Zero Mercury Working Group, however, said that the current approach did not go far enough and stressed the need for a legally-binding instrument.

At the UNEP Governing Council, the EU, the African Group, Norway and Switzerland pushed for negotiations on a treaty (which would also cover trade aspects). The US, Australia, Canada, Japan, China and India preferred to extend voluntary partnerships. Under the two-track approach agreed, a new ad hoc open-ended working group of government and stakeholder representatives will be established "to review and assess options for enhanced voluntary measures and new or existing international legal instruments."

Currently, the EU is the main exporter of mercury, with India and China being the main importers. The EU has taken steps to ban mercury exports by 2011 (see Bridges Trade BioRes, 3 November 2006, http://www.ictsd.org/biores/06-11-03/inbrief.htm#2)

Exposure to high levels of mercury in any form -- metallic, inorganic or organic -- can permanently damage the brain, kidneys, and developing foetus. Mercury is released from coal-fired power stations, waste incinerators and as a by-product of artisanal mining of gold and silver.

For more on trade-related discussions the UNEP Governing Council, see the lead story of this issue of Bridges Trade BioRes.

"New UN-backed voluntary programme seeks to curb toxic mercury pollution," UN NEWS CENTRE, 14 February 2007; "Governments Agree Action on Mercury, but no Treaty," REUTERS, 12 February 2007; ENB Vol. 16 No. 60, 12 February 2007.

INTERNATIONAL WHALING BODY IN CRISIS

The majority of the International Whaling Commission (IWC) membership chose to boycott a recent Japanese-sponsored meeting seeking to re-commercialise whaling. According to observers, the meeting -- which took place against the backdrop of clashes on the sea between Japanese whalers and international anti-whaling activists -- demonstrates the escalating crisis rocking the global whaling body.

Japan had invited all members of the IWC for en informal meeting from 13-15 February in Tokyo to discuss IWC reform -- namely, suggestions for managing limited commercial whaling. However, only 34 out of 72 members attended, with anti-whaling nations such as the US, Australia, and New Zealand in boycott.

"One of our goals is to improve the atmosphere of the IWC, which has become one of confrontation," said Minoru Morimonto, Japanese commissioner for the IWC. He lamented the fact that a number of key members boycotted the meeting, and warned that the IWC was on the verge of collapse.

There has been a moratorium on commercial whaling since 1986. Whaling nations Japan, Norway and Iceland, have continued to hunt under scientific research programmes. The meat is sold for consumption, and conservationists claim that the scientific programmes are used as a guise to continue whaling.

For several years, Japan has sought to promote a change in IWC policy from a complete ban to allowing whaling at a level of "sustainable use." According to Japan, certain whale species have recovered enough to sustain a limited hunt. At the 2006 annual meeting of the IWC, pro-whaling nations managed to pass a declaration calling the international moratorium on whaling "no longer necessary" (see Bridges Trade BioRes, 30 June 2006, http://www.ictsd.org/biores/06-06-30/story2.htm).

The reform suggestions from the Tokyo meeting will be presented at the next IWC annual summit, to be held from 28-31 May in Anchorage, Alaska this year.

"Japan hosts whaling meet as anti-whalers boycott," REUTERS, 14 February 2007; "Whaling activists withdraw threat to ram Japanese fleet," REUTERS, 14 February 2007; "Australia relies on whaling data from Japanese," NEW ZEALAND HERALD, 15 February 2007; "Japanese whaling ship on fire," THE WORLD TODAY, 15 February 2007; "Fractured whaling body could collapse - delegates," REUTERS, 15 February 2007; "Japan Says IWC Must Improve or it May Quit Group," REUTERS, 16 February 2007.

DUTCH COMPANY TO PAY FOR TOXICS CLEAN-UP IN ABIDJAN

Dutch trading company Trafigura recently offered the government of Cote d'Ivoire US$198 million to help clean up toxic waste released in the capital Abidjan in August 2006. In return, the Ivorian government promised not to prosecute the company and released company officials it had arrested in relation to event.

During the night of 19 August, ca 500 cubic metres of wastes from 'Probo Koala' -- a Panamanian-registered vessel contracted by Trafigura Beheer BV -- were released at several sites, including near water sources. Large numbers of residents were soon seeking medical help for intestinal and respiratory troubles, vomiting and nose bleeds (see Bridges Trade BioRes, 8 September 2006, http://www.ictsd.org/biores/06-09-08/story2.htm)

The incident triggered outraged reactions in Cote d'Ivoire, with the government resigning, and highlighted gaps and loopholes within the international regulatory framework on waste. Investigations to clarify the sequence of events that led to the waste spills, as well as the applicable rules and related responsibilities, are still controversial and ongoing.

When the deal was announced on 13 February, a Trafigura spokesperson stressed that the company was not paying damages and that it was not taking responsibility for the events. According to the company, the wastes constituted routine oil slops -- the disposal of which is covered by International Convention for the Prevention of Pollution from Ships (Marpol) -- and were handed over to a registered Ivorian operator.

Others have, however, argued that the wastes were toxic and as such covered by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which requires the prior informed consent of developing country recipients.

Achim Steiner, Executive Director of UNEP, cautioned that there was "a whole unregulated and often illegal trade in toxic, hazardous waste" that reached developing countries with weak oversight systems in place. "We need to work on the broader environmental legislative framework globally so that these issues do not arise again," he said.

Jim Puckett of the Basel Action Network added that "It's time the Basel Convention Parties once and for all agree to an interpretation that puts this much needed ban into the force of international law," referring to the so called Ban Amendment. The amendment, which has been negotiated but not signed onto by a sufficient number of countries to enter into force, would prohibit the movement of any hazardous wastes from the EU and OECD countries to all other parties.

Environmental groups further questioned the timing of the Trafigura deal, which closely preceded the release of a criminal investigation into the case. Jasper Teulings of Greenpeace said "One cannot do justice without knowing the facts in their entirety. At this stage, it would have been more appropriate to secure a provisional settlement with an advance payment, rather than one that closes the books definitively, especially when the full extent of liabilities have not yet been determined."

"Ivory Coast toxic clean-up offer," BBC NEWS, 13 February 2007; "World Needs Tougher Toxic Trade Rules - UN," REUTERS, 15 February 2007; "Ivory Coast Toxic Dumping Case Settled for US$198 Million," ENS, 15 February 2007.

BELUGA CAVIAR BACK ON THE MARKET

The UN Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has provided export quotas for Beluga caviar, the most precious caviar species, for the year 2007. This move followed the approval of export quotas for most other caviar species in early January (see Bridges Trade BioRes, 19 January 2007, http://www.ictsd.org/biores/07-01-19/inbrief.htm).

The export quota for Beluga caviar, issued to the Caspian range states Azerbaijan, Iran, Kazakhstan, Russia and Turkmenistan, is 29 percent lower than it was in 2005. The CITES secretariat issued no quotas for 2006 given that the exporting states had failed to meet requirements concerning the sustainability of the catch of caviar-producing sturgeon (see Bridges Trade BioRes, 20 January 2006, http://www.ictsd.org/biores/06-01-20/inbrief.htm#2).

Commenting on the Beluga quota, CITES Secretary-General Willem Wijnstekers said "The Caspian States have stepped up their efforts to control the caviar trade and to release millions of young fish into the sea, but the decline in populations cannot be allowed to continue." He added that the CITES Animals Committee would study the sustainability of the trade at its next meeting.

Speaking on behalf of Caviar Emptor, an initiative to save sturgeon launched by a number of conservation groups, Ellen Pikitch strongly opposed the decision to re-instate Beluga quotas. She said "With beluga sturgeon, we have a species on the brink of extinction that has lost more than 90 percent of its population in recent years. It's a death sentence to allow trade of its precious eggs to resume." She said a long-term trade moratorium was needed to allow the species to recover, and called on industry, restaurants and consumers to boycott the caviar.

In 1998, the 169 CITES member states decided to place all sturgeon species on Appendix II of the Convention, which includes species that Parties have agreed to subject to trade controls in order to ensure their survival. While wild sturgeon populations continue to decline, caviar from farmed varieties is on the increase.

"CITES announces small export quota for beluga caviar," CITES RELEASE, 5 February 2007; "Beluga Caviar Trade Resumed Despite International Objection," CAVIAR EMPTOR RELEASE, 5 February 2007; "UN Lifts Ban on Exports of Beluga Caviar," REUTERS,6 February 2007.