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GOVERNMENTS AGREE TO BAN OR LIMIT 'DIRTY DOZEN' POPS
Following a week of negotiations lasting well into the last night,
delegates from 122 countries on early Sunday morning agreed to ban 12
highly toxic, long-lasting chemicals known as persistent organic
pollutants (POPs). The Fifth Session of the Intergovernmental
Negotiating Committee (INC-5) for an International Legally Binding
Instrument for Implementing International Action on Certain Persistent
Organic Pollutants, meeting in Johannesburg, South Africa on 4-10
December, thereby concluded a two-and-a-half year long process. Four
out of the 'Dirty Dozen' (the 12 chemical substances covered by the new
convention) -- namely DDT, PCBs, dioxins and furans -- were treated
with exemptions from the total ban imposed on the other eight. The
resulting agreement was hailed from all sides, with governments,
industry, and environmentalists seeing their interests respected in the
treaty. Compromises were achieved on the inclusion of the precautionary
principle to the agreement and also for the channelling of the funds
for technical assistance for developing countries.
One of the most contentious issues was the introduction of
a "precautionary approach" for adding toxic substances to the list of
banned substances despite the absence of scientific certainty. The EU
promoted the idea with the argument that where there is scientific
evidence of a threat to wildlife, human health or the environment,
protective measures should be taken even without full scientific
certainty. The US, together with Japan and Australia, argued that the
draft treaty was already flexible enough and explicitly addressing
precaution would not add anything to the agreement. The conference
finally settled on an inclusion of precaution as guiding principle to
the treaty.
The Global Environment Facility (GEF) was entrusted with the operations
of the financial mechanism designed to assist developing countries in
achieving the convention's objectives. For this purpose, the GEF will
be strengthened once the treaty is ratified. Developing countries had
been asking for a mandatory special fund, and were not satisfied at
first with developed countries' pledges. Finally both sides agreed to a
compromise that does not include any mandatory obligations for
developed countries. In particular, numerous obsolete stockpiles of
POPs found in developing countries remain a cause of great concern, and
delegates pointed out that financial and technical assistance from
developed parties will be necessary to ensure their elimination.
While the ban on the pesticides aldrin, endrin, chlordane, dieldrin,
heptachlor, mirex, and toxaphene, as well as the industrial chemical
hexachlorobenzene were not disputed, the treatment of DDT heated up the
discussion considerably. Health officials and delegates from developing
countries that had faced an escalation of malaria cases in the past few
years (e.g. South Africa and India) stressed that DDT still has an
important role to play in saving lives through its effectiveness in
controlling malarial mosquitoes. Only three countries (Mexico, India
and China) still produce the substance, considered to be the cause of
several medical problems, while most developed countries banned the
domestic use of DDT several years ago.
Under pressure from developing countries, the conference granted a
phase-out period of up to 2025 for governments to replace
polychlorinated biphenyls (PCBs) in existing facilities such as
electrical transformers. Although PCBs are no longer produced, hundreds
of thousands of tons are still in use in such equipment. Dioxins and
furans, which are mainly produced unintentionally due to incomplete
combustion, were not banned completely after the US asserted that it
would not be possible to eliminate all sources of these substances due
to technical reasons. The convention states, however, that emissions
should be reduced as much as possible, and where practicable should be
ultimately eliminated.
Questioned on how the new agreement handled trade concerns, John
Buccini, the Canadian Chairman of the conference, stated that the
provisions did not contravene WTO rules, as potential trade conflicts
had been discussed throughout the negotiations and that trade experts
had assured delegates that was no conflict.
The convention will be formally signed on 22-23 May 2001 in Stockholm
and enters into force once at least 50 countries ratify the agreement.
This process is expected to take three to four years.
POPs are highly stable chemical compounds that can last for years or
decades before breaking down. They have been linked to an array of
adverse effects, including death, cancer and birth defects among humans
and animals. They can travel thousands of miles from their original
source and accumulate in fatty tissues of animals and humans.
"Weltweites Verbot von Umweltgiften", NZZ, 11 December 2000; "Global
accord bans 12 toxic chemicals", FT, 10 December 2000; "Toxic chemical
treaty in sight despite EU-US dispute", REUTERS, 8 December
2000; "POPs: US Confident Of Deal On Toxic Chemicals Treaty", UN WIRE,
8 December 2000; "UPDATE - Talks start on accord to ban toxic chemical
output", REUTERS, 5 December 2000; "UN conference on toxic chemicals
seeks global ban", REUTERS, 5 December 2000; "POPs: International
Conference To Finalise Treaty Opens Today", UN WIRE, 4 December
2000; "Toxic Legacy Rests With POPs Treaty Negotiators", ENS, 4
December 2000; "Toepfer Urges Agreement on Global Treaty o Protect
Health, Environment From Persistent Organic Pollutants", UNEP NEWS
RELEASE, 9 November 2000; ICTSD Internal Files.
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