Genesis of the Convention
The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade was adopted in Rotterdam, the Netherlands, on September 10, 1998. It officially entered into force on February 24, 2004.
This crucial international treaty was developed through the joint efforts of the United Nations Environment Programme (UNEP) and the Food and Agriculture Organization (FAO) of the United Nations. The secretariats are jointly provided by UNEP and FAO, underscoring the collaborative nature of its administration.
Key Milestones:
September 10, 1998
Convention adopted in Rotterdam, Netherlands.
February 24, 2004
Convention entered into force.
May 2005
India ratified the Rotterdam Convention.
Nature & Objectives
Nature of the Convention
An international treaty designed to promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals. It aims to protect human health and the environment from potential harm by facilitating information exchange and providing a national decision-making process. It is legally binding on its Parties.
Objectives (Article 1)
- To promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals to protect human health and the environment.
- To contribute to the environmentally sound use of those hazardous chemicals by facilitating information exchange, providing for a national decision-making process, and disseminating these decisions.
The Prior Informed Consent (PIC) Procedure
The core of the Convention is the PIC procedure, a mechanism for formally obtaining and disseminating the decisions of importing Parties regarding future shipments of chemicals listed in Annex III, and ensuring compliance by exporting Parties.
Scope & Listing Chemicals in Annex III
Scope:
The PIC procedure applies to industrial chemicals and pesticides that have been banned or severely restricted for health or environmental reasons by Parties and which the Conference of the Parties (COP) has decided to include in Annex III. It also applies to Severely Hazardous Pesticide Formulations (SHPFs) causing problems under conditions of use in developing countries or countries with economies in transition.
Listing Chemicals in Annex III:
- A chemical is typically considered if banned/severely restricted by at least two Parties from two different PIC regions (out of seven).
- A Chemical Review Committee (CRC), an expert subsidiary body, reviews notifications.
- If criteria are met, CRC recommends listing to the Conference of the Parties (COP).
- The COP decides by consensus whether to list the chemical in Annex III.
Operation of the PIC Procedure
- Decision Guidance Document (DGD): Once a chemical is listed, the Secretariat prepares a DGD with information about the chemical and regulatory actions. Circulated to all Parties.
- Import Response: Each importing Party decides (consent, not consent, or consent with conditions) on future imports and communicates this to the Secretariat.
- Circulation of Import Responses: The Secretariat circulates these responses via the "PIC Circular" every six months.
- Obligations of Exporting Parties:
- Ensure exporters comply with import decisions.
- Not allow export to a Party that hasn't consented (unless conditions are met).
- If an importing Party fails to transmit an import response, export may proceed under certain conditions, but ensuring safe use.
PIC Procedure Flow
Broader Commitments
Export Notification
Even for chemicals banned or severely restricted nationally but not yet listed in Annex III, an exporting Party must notify the importing Party before the first export and annually thereafter. This provides the importing country with information to assess risks and take appropriate action, acting as an early warning.
Other Key Provisions
Information Exchange
Facilitates exchange of scientific, technical, economic, and legal info on chemicals, including health/environmental effects, safer alternatives, and national regulatory actions.
Technical Assistance
Provides for technical assistance to developing countries and countries with economies in transition to implement the Convention, especially in risk assessment and management.
Labelling
Exported Annex III chemicals must be labelled to ensure adequate information on risks/hazards to human health or the environment.
Public Awareness
Encourages Parties to ensure users of hazardous chemicals have access to information on safe handling and use.
Chemicals in Annex III
Annex III lists chemicals subject to the PIC procedure. This list is dynamic, with new chemicals added by the COP based on CRC recommendations. It includes a range of substances:
Pesticides:
- Aldrin, Chlordane
- DDT (for some uses, though mainly Stockholm Convention)
- Endosulfan, Parathion
- Monocrotophos, Methamidophos
- Carbofuran
Industrial Chemicals:
- Certain forms of Asbestos (e.g., Crocidolite, Amosite)
- Polychlorinated Biphenyls (PCBs)
- Tributyltin compounds
It also includes some Severely Hazardous Pesticide Formulations (SHPFs).
Dynamic List: Aspirants should be aware if any major chemicals relevant to India are added or discussed for listing in Annex III.
Synergies with Other Conventions
The Rotterdam Convention works closely with the Stockholm Convention on POPs and the Basel Convention on Transboundary Movements of Hazardous Wastes. These are often called the "Chemicals and Waste Conventions."
They have cooperative arrangements (e.g., joint COPs, technical cooperation) to enhance coherence and efficiency. Many chemicals, like DDT and PCBs, are covered by more than one convention.
India & The Rotterdam Convention
- India ratified the Convention in May 2005.
- The Ministry of Environment, Forest and Climate Change (MoEFCC) is the nodal ministry.
- Designated National Authorities (DNAs):
- Pesticides: Department of Agriculture, Cooperation & Farmers Welfare.
- Industrial Chemicals: Department of Chemicals and Petrochemicals.
- India has submitted import responses for many Annex III chemicals.
- India actively participates in CRC and COP meetings.
- The Convention helps India regulate hazardous chemical imports and stay informed about global restrictions.
Significance of the Convention
Empowers Importing Countries
Gives countries (especially developing) power to decide on hazardous chemical imports.
Shared Responsibility
Establishes shared responsibility between exporting/importing countries for risk management.
Information Exchange
Ensures access to information on health and environmental risks of listed chemicals.
Early Warning System
Export notification acts as an early warning for potentially hazardous chemicals.
Sound Chemical Management
Supports national efforts for safe chemical management throughout their lifecycle.
Challenges in Implementation
Limited Scope
Relatively few chemicals covered vs. total in commerce; slow listing.
Consensus for Listing
Consensus can delay/block listing despite CRC recommendation.
Import Response Effectiveness
Ensuring timely responses and exporter compliance.
Capacity Constraints
Developing countries may lack resources for risk assessment/monitoring.
Illegal Trade
Can bypass the PIC procedure.
SHPFs Identification
Challenging to identify/propose SHPFs due to data needs.
Industry Influence
Concerns over lobbying affecting national positions on listing.
Illustrative: Scope Challenge
The number of chemicals listed in Annex III is small compared to all chemicals in global trade.
Note: Bar heights are illustrative, not to exact scale. Actual number in Annex III is around 54 (as of early 2024).
Case Study: Asbestos
The Asbestos Conundrum and the Rotterdam Convention
Background: Asbestos, particularly chrysotile asbestos, is a known human carcinogen causing mesothelioma, lung cancer, and asbestosis. Many developed countries have banned or severely restricted its use.
Listing Attempts: Chrysotile asbestos has been repeatedly recommended for inclusion in Annex III by the Chemical Review Committee (CRC) due to its health risks and meeting the listing criteria (banned/severely restricted in multiple countries).
Blocking by a Few Parties: Despite scientific evidence and CRC recommendations, its listing has been consistently blocked at several COPs by a small number of asbestos-producing or consuming countries. Past objectors included Russia, Kazakhstan, India, and Zimbabwe. (India's stance has evolved, but it still uses chrysotile).
Significance: This case highlights a major challenge: the ability of a few Parties to block listing of scientifically well-documented hazardous chemicals due to economic interests. This undermines the PIC procedure's effectiveness for such chemicals and raises questions about the consensus-based decision-making for listing.
UPSC Relevance
Prelims Focus
- Rotterdam Convention (objective, adoption/entry).
- Key mechanism: Prior Informed Consent (PIC).
- Annex III: Significance for listed chemicals.
- DGDs and import responses.
- Implementing agencies: UNEP, FAO.
- Synergies: Stockholm and Basel Conventions.
- India's membership, DNAs.
- Prominent examples of Annex III chemicals.
Mains (GS Paper III) Focus
- Comprehensive understanding: Objectives, PIC mechanism, challenges.
- Contribution of Rotterdam, Stockholm, Basel to global chemical safety.
- Relevance in trade and environment discussions.
- Impact of hazardous chemicals on health/ecosystems.
- Role in chemical pollution, industrial disaster contexts.
Related Previous Year Questions (PYQs)
Prelims Example: "Consider the following statements: The Basel Convention deals with transboundary movement of hazardous wastes. The Rotterdam Convention deals with Prior Informed Consent for certain hazardous chemicals and pesticides in international trade. The Stockholm Convention deals with Persistent Organic Pollutants. Which of the statements given above is/are correct?"
Mains Angle: Questions on chemical pollution or industrial disasters might involve discussing the need for better regulation of hazardous chemicals, where Rotterdam plays a role in international trade aspects.