The Illegal Trade in Chemicals

National strategies on reducing environmental and human health risks must take into account that countless consumer products – cosmetics, drugs, toys, paint, food and others – contain hazardous chemicals. National policies should therefore target the production and distribution of safe consumer goods and products, and should encourage the involvement of all stakeholders in decisions regarding the safe management of chemicals based on knowledge and credible evidence. National legislation should prioritize the prevention of the illegal trade in chemicals, and policymakers should recognize that strengthened enforcement is likely to reduce the illegal production, trafficking and use of chemicals. The illegal trade in pesticides is a global problem that threatens the environment and human health, and while comprehensive estimates of the scale of the trade are not available, some estimates for specific areas suggest the seriousness of the situation. FAO and WHO, for example, estimate that 30 per cent of the pesticides sold in developing countries are substandard. Similarly, India reports that the illegal trade represents about 25 per cent of the value of pesticides used in the country. This trade is quite often connected with other criminal activities, including smuggling and illegal trafficking, and traders use trade routes similar to those used for trafficking of other illicit products. Corruption among law enforcement, customs and registration authorities is a factor in many cases. In addition, the significant growth of online marketing of pesticides coupled with anonymous parcel deliveries is making a major contribution to the market share of the illicit products, particularly where small packages reach small-scale farmers. The underpinnings for the illegal trade in mercury are different from those for pesticides. The illegal mercury trade serves primarily the Artisanal and Small-scale Gold Mining

market, and about half of all mercury used in ASGM is traded illegally. For many of the individual countries involved, the rate reaches nearly 100 per cent. Even the mercury imports that are documented often follow illegal pathways to the mining areas where the mercury is used. Much of the mercury that is documented when it is imported into Togo or South Africa, for example, is not documented as it is re-exported to ASGM areas in neighbouring countries. ASGM operators rely heavily on mercury and many are not aware of its toxic effects. The mercury-free alternatives are either unknown to them or perceived as inconvenient. In recent years, the main mercury sources have been Chinese, Indonesian and Mexican mining, by-product mercury recovered during the mining of other ores, mercury recovered from closing chlor-alkali facilities, and recycling of mercury- added products and wastes, especially the depleted mercuric oxide catalyst from the vinyl chloride monomer industry in China. Challenges in the regulation of the international trade in chemicals include enforcement and implementation, differences among domestic regulations across borders, an abundance of complex exemptions allowed under multilateral agreements, and gaps in international regulations. MEAs are targeted and focused in nature and accordingly Parties choose a focused group of chemicals of the highest priority for the environment. As a result, trade in many harmful chemicals is unregulated by international law. Progress in combating the illegal trade in chemicals can build on the SAICM Global Plan of Action and the overall orientation and guidance for achieving the 2020 goal of sound management of chemicals. The SAICM objectives related to risk reduction, knowledge and information, governance, and enforcement offer a logical structure for organizing the considerations.

The Illegal Trade in Chemicals

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