INTERNATIONAL OBLIGATIONS OF CHEMICALS AND WASTE MULTILATERAL ENVIRONMENTAL AGREEMENTS (MEAs)

WHAT INFORMS DEA’S INTERNATIONAL ENGAGEMENTS?

• South Africa’s broad foreign policy & priorities, as determined by the International Relations, Peace and Security Cluster (ICTS), chaired by the DIRCO. These include:

• Contribute towards Section 24 of the Constitution-”All South Africans have a right to an environment that is not harmful to their health or well-being, & to have the environment protected for the benefit of present & future generations.

• Consolidating the African Agenda

• Strengthen South-South Co-operation

• Strengthen North-South Co-operation

• Strengthen BRICS, G77& China Co-operation

• Participate in the Global System of Governance

• Strengthen Political and Economic Relations

DEA’s OVERARCHING STRATEGIC INT. ENGAGEMENT PRIORITIES:

• Play a leadership role in articulating the interests of developing countries especially SADC and Africa.

• Play a facilitative and bridge building role to advance developing countries.

• Continue to give global leadership on sustainable development, particularly towards the Johannesburg Plan of Implementation.

• Mobilize financial and technical resources for implementation.

• Rigorously engage to defend & secure SA’s interests, eg.,as technology transfer (laboratory equipment, specific chemicals monitoring equipment (POPs, Cd, Pb, Hg), recycling technology, treatment and disposal technology,) creating economic & investment opportunities, building capacity, promoting development & eradicating poverty.

LIST OF MEAs’ OBLIGATIONS…11. The Basel Convention on the Control of Transboundary Movement of Hazardous

Wastes. Developed in response to the dumping of hazardous waste by the developed to developing countries.

a. Objective is to protect human health & the environment against the adverse effects of hazardous wastes. RSA been a party since 1994; has :

b. Designate National, Competent Authority, Focal Point (DNA/DCA/FP)-DEA

c. Regulate the transboundary movement of Haz. and other wastes.

d. Apply “Prior Informed Consent” procedure; meaning that shipments made without consent are illegal, unless there is a special agreement.

e. Should treat & dispose of Haz. wastes as close as to where its produced.

f. Has to ensure that Haz. waste is managed and disposed of in an ESM.

g. To submit import & export annual data to the Secretariat.

Halogenated compounds [PCBs, Brominated flame retardants, Chlorofluorocarbon (CFC), Heavy metals & other metals (Cd, Pb, Hg).

RSA hosts the Africa Institute-BC Regional Centre for English-speaking African countries; it provides capacity building, training, information exchange, etc,.

LIST OF MEAs’ OBLIGATIONS…22. The Basel Convention was amended in 1995 to include what is termed the “Basel Ban Amendment” in response to continued dumping of hazardous waste by the developed to developing countries. RSA in the process of ratifying the Basel Ban Amendment.

a. The Ban prohibits the export of hazardous waste from the EU and OECD countries, as well as Liechtenstein, to members of the BC who are not from these countries

b. The Ban was implemented to protect developing countries from receiving imports of hazardous waste from developed countries.

c. Specifically prohibits disposal operations which do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternative uses.

d. The concern grew as a result of the practice of shipment of hazardous wastes from industrialised countries to developing countries.

e. In 1994, at the COP 2 to the BC, Parties agreed to ban immediately all export of hazardous wastes from OECD to non-OECD countries for final disposal

f. At COP 3 in 1995, it was decided that the Ban Amendment be formally incorporated in the Basel Convention; also agreed to ban the export of hazardous wastes intended for recovery and recycling by 31 December 1997

LIST OF MEAs’ OBLIGATIONS…3

3. Rotterdam Convention On Prior Informed Consent Procedure For Certain Hazardous Chemicals And Pesticides In International Trade.

a. Objectives: To promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals to protect human health and the environment from potential harm. RSA been a party since 2002; has to:

b. Designate National, Competent Authority, Focal Point (DNA/DCA/FP)-DEA

c. Facilitate information exchange about haz chemicals characteristics, potential dangers, safe handling and use among countries.

d. Apply “Prior Informed Consent (PIC)” procedure; when trading with listed chemicals.

e. Develop a National Action Plan (NAP) to implement convention- 2009; needs to update it according to additional listing of chemicals.

f. Has to notify the Secretariat when a Final Regulatory Action has been taken, ideally within 90 days.

LIST OF MEAs’ OBLIGATIONS…44. The Stockholm Convention on Persistent Organic Pollutants (POPs).

a. Objectives: To protect human health and the environment from Persistent Organic Pollutants (POPs). their production, use, trade, release and storage. RSA been a party since 2002; has to:

b. Designate National, Competent Authority, Focal Point (DNA/DCA/FP)-DEA c. Prohibit and/or eliminate the production and use, as well as the import and export, of the

intentionally produced Annex A POPs (Article 3)- registration of specific exemptions allowed.

d. Restrict the production and use, as well as the import and export, of the intentionally produced Annex B POPs (Article 3)- registration of acceptable purposes allowed.

e. Reduce or eliminate releases from unintentionally produced Annex C POPs (Article 5) i. Promote the use of Best Available Techniques (BET) & Best Environmental Practices (BAP) to prevent POPs releases into the environment.

f. Ensure that POPs stockpiles and wastes are managed safely and in an ESM (Article 6) i. Identify & manage POPs stockpiles and wastes to reduce or eliminate POPs releases from these sources. ii. POPs wastes are transported across international boundaries taking into account relevant international rules, standards and guidelines.

g. Develop a National Implementation Plan (Article 7), facilitate information exchange (Article 9), public information, awareness and education (Article 10), research, development and monitoring (Article 11), technical assistance (Article 12), financial resources and mechanisms (Article 13), reporting (Article 15), effectiveness evaluation (Article 16) and non-compliance (Article 17).

LIST OF MEAs’ OBLIGATIONS…55. Vienna Convention for The Protection Of The Ozone Layer & The Montreal Protocol on Substances That Deplete The Ozone Layer

a. Objectives: To protect the ozone layer by phasing out the production of Ozone-depleting substances (ODSs). RSA been a party since 1990; has to:

b. Designate National, Competent Authority, Focal Point (DNA/DCA/FP)-DEA c. To take appropriate measures to protect human health and the environment

against adverse of ODS:i. Co-operate to better understand and assess the effects of human activities

on the ozone layer and the effects of the modification of the ozone layer on human health & the environment.

ii. Adopt appropriate legislative or administrative measures to control, limit, reduce or prevent human activities that can have adverse effects on the ozone layer;

iii. Co-operate with competent international bodies to effectively implement the Convention & protocols.

iv. Develop a national implementation plan: hydrochloroflourocarbon (HCFC) Phase Out Management Plan (HPMP), MeBr Phase out Plan , Country Programme (CP) & Fefrigerant Management Plan (RMP).

v. Submit an annual consumption report to the Secretariat.

LIST OF MEAs’ OBLIGATIONS…66. The Minamata Convention On Mercury.

a. Objectives: To protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds. Text finalised, adopted and opened for signature in 2013. RSA signed, when a party, has to:.

b. Designate National, Competent Authority, Focal Point (DNA/DCA/FP)-DEA c. Ban new mercury mines & phase-out of existing ones, d. Put in place control measures on air emissions, e. Comply with the international regulation of the informal sector for artisanal and small-

scale gold mining.f. Put in place controlling the anthropogenic releases of mercury throughout its lifecycle. g. Develop a national implementation plan to implement the convention h. Put in place controls and reductions measures across a range of products, processes and

industries where mercury is used, released or emitted. i. Comply with agreements on a range of mercury-containing products whose production,

import and export will be banned by 2020.j. Put in place control measures for mercury emission and releases from large-scale industrial

plants such as coal-fired power stations, industrial boilers, and waste incinerators and cement clinkers facilities.

k. The Convention will enter into force once 50 countries have ratified it.l. RSA undertaken research using the UNEP Toolkit level 1 & will undertake a more in-depth

research (inventory using UNEP Toolkit level 2, cost-benefit analysis & the socio-economic implications should SA ratify the Convention).

LIST OF MEAs’ OBLIGATIONS…77. The International Conference on Chemicals Management (ICCM) & its Strategic Approach to International Chemicals Management (SAICM), (policy framework) .

a. Objectives: The achievement of the sound management of chemicals throughout their life cycle so that, by 2020, chemicals are produced and used in ways that minimize significant adverse impacts on human health and the environment. This “2020 goal” was adopted by the World Summit on Sustainable Development in 2002 as part of the Johannesburg Plan of Implementation. RSA has been an active state in SAICM since inception; has to:.

b. Designate National, Competent Authority, Focal Point (DNA/DCA/FP)-DEA.

c. Establish a multi-stakeholder to implement SAICM-MCCM.

d. Has to implement the 5 themes:

i. risk reduction;

ii. knowledge and information exchange;

iii. Promote good governance;

iv. capacity-building and technical cooperation;

v. and combat illegal international traffic.

e. Contribute financially where possible to the Quick Start Programme (QSP) to support the initial capacity building activities for the implementation of SAICM.

f. SAICM allows nomination of emerging issues for global action.

EXPRESSION OF MEAs IN THE NATIONAL DEVELOPMENT PLAN: • National Development Plan has 6 Pillars focusing on key capabilities of both people and

the country:• Capabilities include skills, infrastructure, strong institutions and partnerships locally &

internationally; • Building a capable and developmental state;• Strong leadership- society works together to solve its problems;• Chapter 2: Demographic trends (decreasing fertility; feminisation); • Chapter 5: Environmental Sustainability: build consumer awareness and behavioural

change (Outcome 10: Protect & enhance our environmental assets and natural resources );

• Investment in skills, technology and institutional capacity;• Coordinated planning – to address environmental pressures;• Investment in consumer awareness, green product design; • Chapter 7: Positioning South Africa globally;• Chapter 9: Improving education, training and innovation (cutting edge research);• Chapter 10: Promoting Health, improving human capacity; • 2030 Targets: Establish a competitive base of infrastructure, human resources and

regulatory frameworks,• Play a leading role in continental development, economic integration and human rights.

THANK YOU

Noluzuko (Zukie) Gwayi

Senior Policy Advisor: International Chemicals and Waste Cooperation

Chemicals Management

ngwayi@environment.gov.za