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EARTH SUMMIT+5
Special Session of the General Assembly to Review and Appraise
the Implementation of Agenda 21

New York, 23-27 June 1997

GLOBAL SUCCESS STORIES

Development of an international legal regime for the exchange of information on chemicals in international trade

Location Global.
Responsible organization UNEP Environmental Law and Institutions Programme Activity Center and UNEP International Register of Potentially Toxic Chemicals Programme Activity Center, in cooperation with FAO.
Description Development of an international legal regime on information exchange on certain hazardous chemicals in international trade has been pursued as a programme component of the UNEP Programme for the Development and Periodic Review of Environmental Law. Since early 1980s, Environmental law and Institutions Programme Activity Center (then Environmental Law Unit) and International Register of Potentially Toxic Chemicals Programme Activity Center (IRPTC) have worked on the subject, addressing problems commonly observed in many developing countries and associated with a world-wide trade in banned or severely restricted chemicals. A set of possible elements for the future legally binding instrument for the application of the prior informed consent procedure, as mandated by Agenda 21, were identified by Governments through the subsequent meeting of the Ad-hoc Working Group and the Task Force. Given this background, CSD at its second session in May 1994 endorsed the development of the legally binding instrument, and the Governing Council of UNEP, at its 18th session authorized to start the negotiation of the instrument. The FAO Council, at its 107th session, also approved the FAO secretariat to work with UNEP on such development. In March 1996 an Intergovernmental Negotiating Committee for the preparation of a legally binding instrument for the application of the prior informed consent procedure commenced its work, and at its second session in September 1996, the negotiation on the draft text was started. It is expected that a legally binding instrument on PIC will be concluded in 1997, three years ahead of the time-schedule identified in Agenda 21.
Issues addressed Risks associated in use of certain hazardous chemicals that are produced and traded world-wide, in particular in countries without adequate chemical management schemes.
Objectives Enhancing the awareness and knowledge on the need for sustainable wildlife and natural resources management, creating the community networks for carrying out the works required for sustainable resource management, equitable sharing the economic gains and dispensing the part of generated financial resources for improving public infrastructure and social services.
Results achieved Consensus among Governments for establishing mandatory application of the prior informed consent procedure for certain hazardous chemical sin international trade, and actual institutionalization of an international legal regime through the preparation of a legally binding instrument.
Lessons learned The key of the success was the establishment of a clear policy guidance on this development as contained in the Montevideo Programme I and II. Availability of financial resources was also an important factor.
Financing Until the completion of the work of the Ad Hoc Working Group in 1994, the Environment Fund had provided necessary resources. In particular between 1990-1994, the primary sources of funding was provided from the UNEP Environmental Law programme. For the negotiation of a legally binding instrument, extra-budgetary resources has been sought
Contact UNEP, Nairobi, KE

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