The Illegal Trade in Chemicals

Registration, Evaluation, Authorization and Restriction of Chemicals

that countries dispose of hazardous pesticide waste in an environmentally sound manner and in compliance with the Basel Convention. FAO has also published “Guidelines Compliance and Enforcement of a Pesticide Regulatory Programme” (2006).

The relatively comprehensive European Union legislation governing chemicals includes Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), a collection of 40 regulations that apply to all chemical substances. REACH requires that chemicals imported or placed on the EU market must be registered, and requires authorization for hazardous chemicals under Title VII. These are some of the strongest controls governing which chemicals can be placed on the market, and provide important legal infrastructure for regulating trade in chemicals by restricting the market for dangerous chemicals and improving information and transparency about chemical use and impacts. Another EU regulation implements theRotterdamConvention, providing detailed rules on the content and procedures for notification and consent. The regulation requires consent from not only Rotterdam parties, but from all importers. In addition, an export notification for listed chemicals is required irrespective of intended use. The Waste Shipment Regulation implements the provisions of the Basel Convention and expands its obligations by banning the export of hazardous waste for both recovery and disposal to any countries not OECD members unless they have adequate disposal facilities, and bans the export of waste listed as “other waste” under the Convention. The regulation also implements the OECDDecision-Recommendation of the Council on Exports of Hazardous Wastes, and requires all operators involved in the shipment of waste and its disposal or recovery to ensure the protectionof theenvironment andhumanhealth.TheEuropean Commission also periodically sends out a questionnaire to all non-members of OECD asking whether they allow the import of non-hazardous waste for recovery, and if so, under what conditions. This process allows importing countries to require prior written notification and consent, even though the waste is considered non-hazardous. The regulation includes bans on the export of hazardous wastes that are prohibited in the EU.

The Regional Enforcement Network for Chemicals andWaste

The Regional Enforcement Network for Chemicals and Waste was a project implemented by UNEP to combat environmental crime through strengthening the capacity of law enforcement officials and other relevant authorities in 25 participating countries in Asia Pacific to control illegal trade in chemicals and waste.

The Green Customs Initiative

The Green Customs Initiative involves multiple international organizations including the secretariats of the relevant MEAs, INTERPOL, the World Customs Organization, UNEP, the United Nations Office on Drugs and Crime, and the Organization for the Prohibition of Chemical Weapons. The Initiative develops training courses and knowledge tools for customs and border officials to increase their capacity to monitor and facilitate the legal trade and to detect and prevent illegal trade in environmentally sensitive commodities. The International Network for Environmental Compliance and Enforcement (INECE) and Seaport Environmental Security Network (SESN) is a network of government, civil society and academic organizations working to monitor transboundary movement of hazardous waste and to improve environmental compliance and enforcement. INECE and SESN facilitated an inspection of international hazardous waste in 2010 and found that much of it was illegal under the Basel Convention (Heiss et al. 2011). The International Network for Environmental Compliance and Enforcement and Seaport Environmental Security Network

The Illegal Trade in Chemicals


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