The Illegal Trade in Chemicals

first significant test from a compliance perspective, and will determine the effectiveness of the Convention over the next five years. Trade-related obligations: Parties are prohibited from exporting mercury except to another Party that consents to import, provided its use by the importing party is allowed under the Convention or it is for environmentally sound interim storage. Excess mercury from the decommissioning of chlor-alkali facilities can only be disposed of, and disposal must use operations that do not lead to recovery, recycling, reclamation, direct re-use or alternative uses. Parties to the Basel Convention are prohibited from transporting mercury waste across international boundaries except for the purpose of environmentally sound disposal. A Party or a non-Party can provide a general notification to the Secretariat indicating its consent to accept mercury imports, and the Secretariat maintains a public register of all such notifications. Parties are prohibited from importing mercury from non- Parties unless the mercury is from sources identified under the Convention. Parties are prohibited from exporting mercury to non-Parties unless the non-Party has consented, has measures in place to ensure the protection of human health and the environment and to ensure its compliance with requirements of the Convention. The non-Party also agrees that the mercury will be used only for an allowed use or for interim storage. Because the Convention does not explicitly define illegal trade, domestic laws, including those implementing the Convention, define the legality of the production and trade in mercury. Background: The Stockholm Convention on Persistent Organic Pollutants(POPs)currentlyprohibitsorrestrictstheproduction, use, and trade in 28 listed POPs, 1 which are chemicals that remain intact in the environment for long periods, become widely distributed geographically, accumulate in the fatty tissue of humans and wildlife, and have harmful impacts on human health or the environment. Trade-related obligations: Parties must take measures to eliminate chemicals listed in Annex A of the Convention and to restrict chemicals listed under Annex B. A Party is permitted to import chemicals listed in either annex for a use or purpose that is permitted for that Party according to the annexes. A Status: The Convention entered into force on 16 August 2017 and has been ratified by 118 countries as of February 2020. The Stockholm Convention

Party cannot export a chemical listed in either annex unless it is to a Party that is permitted to use that chemical. The import and export of POPs waste is also allowed for the purpose of environmentally sound disposal, in accordance with the Basel Convention. Parties can trade listed chemicals with a State that is not a Party to the Convention only if the non-Party provides an annual certification specifying the intended use of the chemical and includes a statement in which it commits to protecting human health and the environment and ensuring proper waste management. Because the Convention does not explicitly define illegal trade, domestic laws, including those implementing the Convention, define the legality of the production and trade in covered chemicals. Exemptions: A party can register for a “specific exemption” to the restrictions on chemicals listed in Annexes A and B for a five-year period. A party can also register for an “acceptable purpose” exception for chemicals listed in Annex B. Background: The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade requires prior informed consent for trade in chemicals intended for use as pesticides or industrial chemicals that are listed in Annex III of the Convention. Trade-related obligations: Each Party is required to inform the Secretariat whether or not it will allow the import of any chemical listed in Annex III, and if so, whether such import is subject to any conditions. The Secretariat compiles this information and circulates it to all Parties through the Prior Informed Consent (PIC) Circular. A Party’s decision to allow or restrict imports must apply to imports from any source, including from non-Parties. All Parties are required to ensure that exports of chemicals subject to the prior informed consent procedure are consistent with the decisions of the importing Party. When an importing Party has failed to transmit an import response, another Party can export a listed chemical only if the chemical is registered under the domestic legislation of the importing Party; or there is evidence that the chemical has previously been used in, or imported into, the importing Party and no regulatory action to prohibit its use has been taken; Status: The Convention entered into force on 17 May 2004. There are 184 Parties to the Convention as of February 2020. The Rotterdam Convention

The Illegal Trade in Chemicals

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