Documents: The 1998 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

• Published date: 01 November 1999
• DOI: http://doi.org/10.1111/1467-9388.00222
• Date: 01 November 1999

Volume 8 Issue 3 1999 Documents

Ed: The full text of the Prior Informed Consent Convention

is available from the website o f its interim secretariat:

http://www.pic.int/ or from the website of the Food and

Agriculture Organization: http://www.f ao.org/ag/agp/agpp/

pesticid/pic/pichome.htm

EXTRACTS

Rotterdam Convention on the Prior Informed Consent

Procedure for Certain Hazardous Chemicals and Pestic-

ides in International Trade

Article 1 (Objective)

The objective of this Convention is to promote shared

responsibility and cooperative efforts among Parties in

the international trade of certain hazardous chemicals

in order to protect human health and the environment

from potential harm and to contribute to their environ-

mentally sound use, by facilitating information exchange

about their characteristics, by providing for a national

decision-making process on their import and export and

by disseminating these decisions to Parties.

Article 2 (Definitions)

For the purposes of this Convention:

(a) ‘Chemical’ means a substance whether by itself

or in a mixture or preparation and whether manufac-

tured or obtained from nature, but does not include

any living organism. It consists of the following categ-

ories: pesticide (including severely hazardous pestic-

ide formulations) and industrial;

(b) ‘Banned chemical’ means a chemical all uses of

which within one or more categories have been pro-

hibited by final regulatory action, in order to protect

human health or the environment. It includes a

chemical that has been refused approval for first-time

use or has been withdrawn by industry either from

the domestic market or from further consideration in

the domestic approval process and where there is

clear evidence that such action has been taken in

order to protect human health or the environment;

(c) ‘Severely restricted chemical’ means a chemical

virtually all use of which within one or more categor-

ies has been prohibited by final regulatory action in

order to protect human health or the environment,

but for which certain specific uses remain allowed. It

includes a chemical that has, for virtually all use,

been refused for approval or been withdrawn by

industry either from the domestic market or from

further consideration in the domestic approval pro-

cess, and where there is clear evidence that such

action has been taken in order to protect human

health or the environment;

(d) ‘Severely hazardous pesticide formulation’

means a chemical formulated for pesticidal use that

produces severe health or environmental effects

observable within a short period of time after single

or multiple exposure, under conditions of use;

(e) ‘Final regulatory action’ means an action taken by

a Party, that does not require subsequent regulatory

action by that Party, the purpose of which is to ban

or severely restrict a chemical;

Blackwell Publishers Ltd. 1999.

355

(f) ‘Export’ and ‘import’ mean, in their respective

connotations, the movement of a chemical from one

Party to another Party, but exclude mere transit oper-

ations;

(g) ‘Party’ means a State or regional economic inte-

gration organization that has consented to be bound

by this Convention and for which the Convention is

in force;

(h) ‘Regional economic integration organization’

means an organization constituted by sovereign

States of a given region to which its member States

have transferred competence in respect of matters

governed by this Convention and which has been

duly authorized, in accordance with its internal pro-

cedures, to sign, ratify, accept, approve or accede to

this Convention;

(i) ‘Chemical Review Committee’ means the subsidi-

ary body referred to in paragraph 6 of Article 18.

Article 3 (Scope of the Convention)

1. This Convention applies to:

(a) Banned or severely restricted chemicals; and

(b) Severely hazardous pesticide formulations.

2. This Convention does not apply to:

(a) Narcotic drugs and psychotropic substances;

(b) Radioactive materials;

(c) Wastes;

(d) Chemical weapons;

(e) Pharmaceuticals, including human and veterin-

ary drugs;

(f) Chemicals used as food additives;

(g) Food;

(h) Chemicals in quantities not likely to affect human

health or the environment provided they are

imported:

(i) For the purpose of research or analysis; or

(ii) By an individual for his or her own personal

use in quantities reasonable for such use.

Article 4 (Designated national authorities)

1. Each Party shall designate one or more national auth-

orities that shall be authorized to act on its behalf in the

performance of the administrative functions required by

this Convention.

2. Each Party shall seek to ensure that such authority

or authorities have sufficient resources to perform their

tasks effectively.

3. Each Party shall, no later than the date of the entry

into force of this Convention for it, notify the name and

address of such authority or authorities to the Sec-

retariat. It shall forthwith notify the Secretariat of any

changes in the name and address of such authority or

authorities.