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Treaty To Establish Rotterdam Convention On The Prior Informed Consent Procedurefor Certain Hazardous Chemicals And Pesticides In International Trade (Ratification And Enforcement) Act, 2005

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TREATY TO ESTABUSH R01TERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CEKfAIN HAZARDOUS
CHEMICALS AND prsncmr.s IN INTERNATIONAL TRADE (RATtFlCAnON AND ENFORCEMENT) ACf, 200S
"ARRANGEMENT OF SECTIONS SECTION
PART I-OFFENCES
.1. Enforcement of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade Schedule.
2 ShertTitle.
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TREATYTO ESTABLISHR~RlMMCONVENTION ONTHE PRIOR INFORMEDCONSE.NT~~ ...FQ~CWAIN HAZARDOUS
CHEMICAlS t\NI;l ,PEsqCID~IN~~ATIONALTRADE , j •"(RA1'MCA"~ J\1I)1!wORCEMEN1)'Am; -',1;
·'j!·:.'ii_~·l~:>'-)d-:"':, -Ji;:; .. ;.~: ',{~+,~'!-+:-"-tJ t...il'; ;:;\J..:.i ,"'" , "'0 7.~~StAr~~;~lf';;':"i~""" "}~;;'j}fi. /' L
(b) "Banned Chemical' mean~~c~inWal~,&~6t\~hibk~h:i$e'ol ~or,e categorieshave been prohibited,by.~lre~!'YaQt~ ~~rde;~~~ human health or the environment. ltin,cludes a cbemicalthat has beenl'et\isedapproval for first-timeuse OJ' has been withdtawn 'by mduSirY'eith~itiorli1il~'ab1ii~~ttC'market or from further consideration in the domestic approvat'process' ah~hefc,nhere is clear evidence that sueh action has been taken in order to protect:b. ••.•• lth or the environmensj.. " '.':., " ~:.". " t ..
(c) "Severely Restr..iclerJC~ical:!' ~ ~~mi~llkY~lb'~'~Which within one or more categories hasbe~nrl'~h~~it~Q.:~Y.J;in~tr~gpl~1?~'J~~io~in order to protect h~lllllie~l~ho~;the envirenment, but far which ce.ffiihtspecific .uses' remain allowed: It ~des'a' cliettrlcsl th'a,ffias;;tbr vbtba1jyiWR·;., been Tefusedfora:pproviilor beenwithdrawn by~iridtistry-didft¥-~~_ket or from further consideration in&bedc:lIrwstio.~tal~~;r_(W",e.:there is
_ .:,QIeat;.evjdqoce~1,~~~h~i9,n,~~,~~I;l:ilL.~~.~W:~Rb~~ll health or .the environment ; '," ."., . '.' ., ......•.
•• . • . ,',. .' ,. '. >" '." ;. >~. ',~;" "", : .. - - .:.' ,: "". ....;. «, •. :; , :: f "'!'). •.~
(rJ) "Severely Hazardous Pesticide- Form1!lation" .meaas- achemical formulated forpesHCida:ltise i'6at pt6duces-·.s~'V~~nea..lthOfenvironmentaleffects obs-ervabteiWtMn'ttis~.t*tfotf'ofcime·aftit-"'Bi1tllitll~ 6tpOiU~ under
·;'"c"".· -',i!·; •••••.••··:o~U-·,",·· ~._>":>,,,~'-.:.:,'t, -, j." •••?;.,.,.].;!._.: ...•vlftlt""ni7. t~ ~-.;...., .....,.,.t'",,},.'V ,"-~t . ~#'" _ : ;(ej ''P';;li1IRegUltllotji A,c:tio12"riieans; an actjontilk&\:~ f'li~ 'th'~ Iridt
,,·requiresubsequettt;1'Cjulat~.ctMl ~,·tIMt parf}5~~:qt'!~I't~ toban ..orseve~ rpstric~achemi~~j1tj.t}.t,approve'OTaccede to this Cbnvention.;' . . '
(I) "Chemical Review Committel!' means the subsidiary. body referred to in paragraph 6 ofArticle 18.
ARTICLE 3-SCOPE orras CONVENTION L·TbisCofiventiQn applies to: ,(il)' bltnn;~dorseverely restricted 'chemicals'; and . (b) severely hazardous pesti~ide formulati~n$. :
2. Tbisc'9Ilvention does netapply to:
(a) narcotic' drugs and psychotropic substances; (b)~4i~a~ivematerials; "" .r
"' ",,' " .
(c)wast~ ·'i (d) chemical weapons; (e) pharmaceuticals, including human and veterinary drugs ; (f) ch$bicals used as food additives ; (g) food ; (JI) cbemicalsin quantities notlikely to affect'lmman health or the env~nt
provideddwy-mreimportC\d; (,J for the purpose of research oranaJysis, or (Ii) bY an individual for his or her own persOnaluse in quantities reasonable
for such use. .
AR"tiCLE 4-:-:-DESIGNATED NATI~AUlHORITIES
(l ) Each Party shall designate one or more national ,authorities thatllball be authorised to act on its behalf in the performance of the administrative: limcUons requii'ec;lby this Convention.
(2) Eaeh party shaUSeek to ensure that such authority or authoritie$. have sufficient resources to perform their tasks effectivelY_
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(3) Each Party shall, no later thmthedate of the entrY hito furce of this conV'elrtion ' for it, notify the name and addresS(lfsuehairthoritY ~8Uthotitiesto the secretariat. It shall forthwith notify the Secretariat of any changes in the nilme and address Of such authority or authorities. ,"
(~) The Secretari~ shall forthwitb'irtforin the PartIeS of the nOtifitatiohS it ~eives .~ under paragraph 3. . ' ' ",:'
\ ~ .i
ARTICLE5--PRqIisrthe chemic~w.Anne~ III aha approve'the draft decision' guidance document.' "
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(3) ~en a~ecision tolist a chemical in Annex II. ha~beenjtake~,jUld the related deCisiong\l.~danc§ document has been apw~ved hiY,the Conferenc~.oftpe Parties, the 'Secretariat shallforthwith communicate.thisinformation to all Parties.
'I." . • - ; .. , -;;-'; '" "_ j , -", "',~ ".-' " . . -". ,-', . '.' .• -.
ARTICLE 8~HEMICALS IN THE VOLUNTARY PRIOkINFORMED CCJNSENT PROCEOtiRE
(1) For any chemical, other than a chemical listed in Annex III, that has been included intheyol~tary Prior Informed Consent procedure before the dare.of the first ineeti~g of the 'Conference of the Parties, the Conference of the Parties shall decide atthat meeting to listthe chemical inAniI~xiiI',providedthatit is Satisfi~d that all tlte:requirements for listitrg in that Annex have:~e,n fulfilled... .: T:. ,:
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ARTICllE 9~REMOVAt OF CHEMiCALS FROMANNeX III :
(1) Ifa Party shbtnits to the Sectetafiat infonnation that~~'notavai1abl~ai the time of the decision'to list a chemicdl m Annex IIIanit that infOrmatlo'iIi'ridicatesthat its listing may no longer be justified in accordance with tbereleYant /~m9nths theSecr~taPiaiD filltiieiinforitt~tion to-h~lpth~~to' ilik~a~~i6~in atcdrdance
with paragraph 4 of Article 10 and tiaragra"h.2:~C) beloW, and;' ",'
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Rotterda,pCtJnventiolt' on the Prior Informed COllH1ft. Procedure for Certain HQ,Zfl1Id/nisChe.1Irictils and Peslkides.in ImemQl;onal Trade '
.~ . (Ratification 6Ifd E1fjorICement) Act., 2005 'Nb.'t if:',. r _.
(Ii) t()stl'engttltmth~ir~paclties &ridc~pabilities ~ tnartagtlohemicals 01 \_:';i·._"~ " :;;o.:T';,·;"--_;_::';-.');'· ~,::; "J;'.~: r :»
(2) Each Party shall ensure that achemical listed in Annex IT!is not exported from its territory to arty iniportmg 'PartYtlt.lt,m'e~~tioriJafCi~~tlrices/'iwifttile'd to transmit a response or has ..transmitted an interim responsethat does not cot1~frhltl. interim decisionunless :.
(a) it is a:chemical that atJhe ti~-Qf imPQrt, ~'f~gi5t§~ &$," AAemj~al in the importing PartY ; or . ~' " ' . ,• " .
(b)iHs a c~i';:aJ -,wAich eVKknce e~tbat,it bas P'~iqusly bem used in" Qr imported imo, the: ithporting Party. anditi relati0ll::to wmcb do r~atory:' . action to prohibit itsuseiiufs~talcen;01,;. '.: IJ ,.,1""
,(c) eJq'llicit cOnsent til the import bas1beeDjsougG& and fae,n{lby dW'exporter through &.designaU'ldJt8tiOnal autlt01':itly ,of the inipOl1ing.Party;.; mae ioiportlltg\· Party shallmpoQd, 1lo':8Ucb a rFQUest·wi~nsiX:..,. .iialyS:1U1dshaU promptly D.QtifytheS~cretarilUiof:tts~uion,,·, i;I~Lj;, I"~ h: .~~.
, TIle 'obligations dr eip'orrlllgParties iincter' this'patagraplishllll' apptiwitli effect fromthe 'eX]lliratiOll;of a period of: six .men~ from1he dateoon which the Secretariat first informs the Partios,:iQaocordance''With'para~"';:r,,b:·.c"~11t'-':(l',~(,{ii

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(b) the importing Party has provided aresponse for the chemical to the Secretariat in accordance with paragraph 2 of Article 10 ; and
(c) the secretariat has distributed the response to th~'p.arties in accordance with paragraph 2 of Article 10. .
ARTICLE 13-INFORMATION TOACCOMPANY EXPORTED CHEMICALS
(1) The conference of the Parties shall encourage the World Customs Organization to assign specific Harmonized system customs codes to the individual chemicals or groups of chemicals listed in Annex HI, as appropriate. Each Party shall require that, whenever a code has been assigned to such a chemical. the shipping document for that chemical bears the code when exported.
(2)WithQutprejudice to any requirements of the importing Party; each Party shall require that both chemicals listed in Annex ITI and chemicals banned or severely restricted in its territory are, when exported, subject to .labelling .requirements that ensure adequate availability of information with regard tol risks and/orltazal'ds; to human health orthe environment, taking into account relevant international staQ~ds.
" ,-." I,' . . -, >'
(3) Without prejudice to any requirements of the importing Party, each Party may require that chemicals subjectto environmental or health labelling requihments in its territory are, when exported, subject to labelling requirements that ensure a4equate availability of information with regard to risks and hazards to human hetdth or the environment, taking into account relevant international standards.
(4) With respect to the chemicals referred to in paragraph 2 that are to be used for occupational purposes, each exporting Party shall require that a safely data. sheet that follows an internationally recognized format, setting out the most up-to-date information available, is sent to each importer.
(5) The information on the label and on the safely, data sheet should", as far as practicable, be given in one or more of the offi,ci~Ja,ngUages of the importi~:P.flrtY:;
ARTICLE 14-INFORMATION EXCHANGE
(1) Each Party shall, as appropriate and in accordance with the objective of this Convention, facilitate:
(a) the exchange of scientific, technical, economic and .legal inf~tion concerning the chemicals within the scope of this Convention, including toxicological, ecotoxicological and safely infotmation ;
(b)the provision of publicly available informati~n on domestic regulato.jactions relevantto the objectives of this Convention; and - " (c) the provision of information to other Parties, directly or through the ~at.
on domestic regulatory actions that substantially restrict one or more uses of the chemical; as appropriate.
(2) Parties that exchange information pursuant to' this Convention shalfprotect anfconfidential information as mutually agreed. '
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(3) The following information shall not bt regarded as confidential for the purposes of this Con\'t;~tj'?P': " ;> J' •
(0) the information referred tG, inAnnexes:l and IV, subrtKtted putsilanuo Artitlles 5 and 6 respectively.i. I' ,,~.,[:, < ",",1 ' "
(b)'theinfdrmation cantaill~d in th'esafelY data sh~etiefufred' t() 'Ji1p~a:ph 4 ofArtide IJ';'" '( '::: , ,,',;1 ";"'~';·l(; .: ",'
" . . ,,';- ; .: ~:':_,:,:," ':. ' ,-.n'·l. ~_I "" ,(c,onthe expU;yof ~ y~ar f,JOJililthe date oftbe copm1~ by~~&itfu"y
of the adoption of an additional annex, the annex shall enter into force for all Parties that have not submitted a notification in accordance with the provisions of subparagraph (b) above.
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(4) Except in the case of Annex III, the proposal, adoption and entry into force of amendments to annexes to this Convention shall be subject to the same procedures as for the proposal, adoption and entry into force of additional annexes to the Convention.
(5) The following procedure shall apply to the proposal, adoption and entry into force of amendments to Annex III.
(a) amendments to Annex III shall be proposed and adopted according tothe procedure laid down in Articles 5.to 9 and paragraph 2 of Article 21 ;
(b) the Conference of the Parties shall take its decisions on adoption by consensus;
(c) a decision to amend Annex III shall forthwith be communicated to the Parties by the Depositary. The amendment shall enter into force for all Parties on a date to be specified in the decision.
(6) If an additional annex or an amendment to an annex is related to an amendment to this Convention, the additional annex or amendment shall not enter into force until such time as the amendment to the Convention enters into force. .
ARTICLE 23- VOTING
(1) Each Party to this Convention shall have one vote, except as provided for in paragraph 2 below." .
(2) A regional economic integration organization, on matters within its competence, shall exercise its right to vote with a number of votes equal to the number ofits member States that are Parties to this Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right to vote, and vice versa. -
(3) For the purposes of this Convention, "Parties present and voting" means Parties present and casting an affirmative or negative vote.
ARTICLE 24-SIONATURE
This Convention shall be open for signature at Rotterdam .byall States and regional economic integration organizations on l lth September, 1998, and\at United Nati0ns Headquarters in New York fromlzth September, 1998 to 1,Oth,September, 1999.:
ARTICLE 25-RATIFICJ\TION, ACCEPTANCE, AppROVAL OR ACCESSION
'. (1 ) ThIs Convention shall ~e subject to ratification, acceptartce'o~'ap~ro:val by States and by _regional economic integration organizations. It shall be Open for accession ~y:States ari~ by r~~ional.ecpnoinic integration or~~i.iations lt~rntl)~day after the date on which 'the Convention is closed fot signature. Instruments of r.ti~ation,acceptance; approval or accession shall be deposited with tli" Depositary.
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(2) Any regional economic integration organization that becomes a Party to this Convention without any of its member States being a Party shall be bound by all the obligations under the Convention. In the case of such organizations, one- or more of whose member States is aPaity to this Convention, the Organization and itS member States shall decide on their respective responsibilities for the performance of their obligations under the Convention. In such cases; the Organization and ·tIl.member States shall not be entitled to exercise rights under the Convention cono\llTalUy.
(3) In its instrtunent of ratification, acceptance, approval or accession, aregional economic integration organization shall declare the extent of its competence. respoct of the matters governed by this convention. Any such organization shall also infonn the Depositary, who shall in tum inform the Parties, of any relevant modification in the extent of its competence.
ARTICLE 26-ENTRY INTO FORCE
(I) This Convention shall enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession.
(2) For each State or regional economic integration organization that ratifies, accepts or approves this Convention or accedes thereto after the deposit of'the fiftieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of deposit by such State or Regional Economic Integration Organization of its instrument of ratification, acceptance, approval or accession.
(3) For the purpose of paragraphs I and 2, any instrument deposited by a Regional Economic Integration Organization shall not be counted as additional to those deposited by member States of that Organization.
ARTICLE 27-REsERVATION
No reservations may be made to this Convention .. ARTICLE 28-WITIIDRAWAL
(1) At any time after three years from the date on which this Convention has entered into force for a Party, that Party may withdraw from the Convention by giving written notification to the Depositary.
(2) Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal.
ARTICLE 29-DEPOSITARY
The Secretary-General of the United Nations shall be the Depositary of this Convention.
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ARTICLE 30-AUTfIENTIC TEXTS
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary- General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorised to that effect, have signed this Convention.
DONE at Rotterdam on this tenth day of September, One Thousand Nine Hundred and Ninety-Eight.
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Rotterdam Convention on the Prior Informed Consea: Procedure " (or Certain Hazardous Chemicals and Pesticides in Imernational Trade
(Ratification and Errforceme,nt) Act" 2005 No~1"1
. Annex I
INFORMATIONREQUIREMENTSIDRNOTIF'K:ATI0NS MADEPURSUANTTO~TICLE5
Notifications shall include:
(1) Properties, identification arid uses:
(a) common name; (b) chemical name according to an internationally recognized nomenclature for
example, International Union of Pure and Applied Chemistry (IUPAC), where such nomenclature exists ;
(c) trade names and names of preparations ; (d) code numbers; Chemicals Abstract Service (CAS) numbers, Harmonized
System Customs Code and other numbers;
(e) information on hazard classification, where the chemical is subject to classification requirements;
(f) use or uses of the chemical; and
(g) physicochemical, toxicological and ecotoxicological properties.
(2) Final regulatory action:
(a) information specific to the final regulatory action:
(I) summary of the fmal regulatory action,
(ii) reference to the regulatory document,
(iii) date of entry into force of the final regulatory action,
(iv) indication of whether the fmal regulatory action was taken on the basis of a risk or hazard evaluation, covering a reference to the relevant documentation,
(v) reasons for the final regulatory action relevant to human health, including the health of consumers and workers, or the environment, and
(vI) summary of the hazards and risks presented by the chemical to human health, including the health of consumers and workers, or the environment and the expected effect of the final regulatory action.
(b) category or categories where the fmal regulatory action has been taken, and for each category :
(I) use or uses prohibited by the fmal regulatory action,
(iI) use or uses that remain allowed, and
(iii) estimation, where available, of quantities of the chemical produced, imported; exported and used.
(c) an indication, to the extent possible, of the likely relevance of the final regulatory action to other States and regions;
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(d) other relevantinfonnation that may cover: (;) assessment of socio-economic effects of the final regulatory action, (ii) information on alternatives and their relative risks, where available,
such as : -integrated pest management strategies, and -industrial practices and processes, including cleaner technology.
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Annex ll
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CRITERIA FOR LISTING BANNED OR SEVERELY RESTRICTED CHEMICALS IN ANNEX III
In reviewing the notifications forwarded by the Secretariat pursuant to paragraph 5 of Article 5, the Chemical Review Committee shall :
(a) confirm that the final regulatory action has been taken in order to protect human health or the environment;
(b) establish that the fmal regulatory action has been taken as a consequence of a risk evaluation. This evaluation shall be based on a review of scientific data in the context of the conditions prevailing in the Party in question. For this purpose, the documentation provided shall demonstrate that:
(i) data have been generated according to scientifically recognized methods, (ii) data reviews have been performed and documented according to generally
recognized scientific principles and procedures, and
(iii) the final regulatory action was based on a risk evaluation involving prevailing conditions within the Party taking the action.
(c) Consider whether the final regulatory action provides a sufficiently broad basis to merit listing of the chemical in Annex III, by taking into account.
(i) whether the final regulatory action led, or would be expected to lead, to a significant decrease in the quantity of the chemical used or the number of its uses,
(ii) whether the final regulatory action led to an actual reduction or risk or to a significant reduction or risk for human health or the Party that submitted the notification,
(iii) whether the considerations that led to the final regulatory action being taken are applicable only in a limited geographical area or in other limited circumstances, and ,
(iv) whether there is evidence of ongoing international trade in the chemiJ..
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Annex III
CHEMICAL SUBJECT TO THE PRIOR INFORMED CONSENT PROCEDURE
Relevant CA Chemical number(s) Category
2,4,5, T 93-76-5 Pesticide
Aldrin 309-00-2 Pesticide (B)
Captafol 2425-06-1 Pesticide (SR)
Chlordane 57-74-9 Pesticide (B)
Chlordimefonn 6164-98-3 Pesticide (B),
Chlorobenzilate 510-15-6 Pesticide (B)
DDT 50-29-3 Pesticide (B)
Dieldrin 60-57-1 Pesticide (B)
Dinoseb and dinoseb salts 88-85-7 Pesticide (B)
Fluroacetamide 640-19-7 Pesticide (B)
HCH (mixed isomers) 608-73-1 Pesticide (B)
Heptachlor 76-44-8 Pesticide (B)
Hexachlorobenzene 118-74-1 Pesticide (BSR)
Lindane 58-89-9 Pesticide (SR)
Mercury compounds, including inorganic mercury compounds, alkyl mercury compounds and alkyloxyakyl and aryl mercury compounds Pesticide
Pentachlorophenol 87-86-5 Pesticide
Monocrotophos (Soluble liquid formulations of the substance that exceed 600g active Severely hazardous ingredient/I) 6923-224 pesticide formulation
Methamidophos (Soluble liquid formulations of the substance Severely hazardous that exceed 600g active pesticide formulation ingredientll) 10265-92-6 banned
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'" -' .,:,-:,: .,_.: ,'-, >.- -\' ,', ", - ' , . '-- ", -~, :'.'."- . ' ,~, " 'RMi~fflie;;tion on the Prior In/ormed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International Trade (Ratification and Enforcement) Act 2005 No~17 A2S9
Chemical
Phosphamidon (Soluble liquid formulations of the substance that exceed 1000g active ingredientll )
Methyl-parathion (emulsifiable concentrates (EC) wi$19.5%, 40%, 50%, 60% active ingredient and dusts containing 1.5%,2% and 3% active ingredient)
Parathion (all formulations - aerosols, dustable powder (DP), emulsifiable concentrate (EC), granules (GR) and wettable powders (WP) - of this substance are included, except capsule suspensions (CS)
Crocidolite Polybrominated biphenyls (PBB)
Polybrominated biphenyls (PCB)
Polychlorinated terphensyls (PCI)
Tris (2, 3~dibromopropyl phosphate
Relevant CA number(s) 13171-21-6mixture, (E) & (Z) isomers) 23783-98-4 (Z)- isomers) 297-99-4 «E)-isomer)
298-00-0
56-38-2
12001-28-4 36355-01-8 (hexa-) 27858-07-7 (octa-) 13654-09-6 )deca -)
l336-36-3
61788-33-8
,126-72-7
Category
Severely hazardous pesticide formulation
Severely hazardous pesticide formulation
.banned
Severely hazardous pesticide formulation
banned Industrial (B)
Industrial (SR) Industrial (SR)
Industrial (SR)
Industrial banned
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Annex IV
INFORMATfON AND CRITERIA FOR LISTING SEVERELY HAZARDOUS PESTICIDE FORMULATIONS IN A~X III
Proposals submitted pursuant to paragraph 1 of Article 6 shall include adequate documentation containing the following information:
(a) name of the hazardous pesticide formulation;
(b) name of the active ingredient or ingredient in the formulation;
(c) relative amount of each active ingredient in the formulation;
(d) type of formulation ;
(e) trade names and names of the producers, if available ;
(I) common and recognized patterns of use of the formulation within the proposing Party ; . ,
(g) a clear description of incidents related to the problem, including the adzerse effects and the way in which the formulation was used; and
(h)any:regulatory, administrative or other measures taken, or intended to be taken, by the proposing Party in response to such incidents.
PART II-INFORMATION TO BE COLLECTED BY THE SECRETARIAT
Pursuant to paragraph 3 of Article 6, the Secretariat shall collectrelevant information relating to the formulation, includirig : .
(a) the physico-chemical, toxicological and ecotoxicological properties of the formulation; .
(b) the existence of handling or applicator restrictions in other States;
(c) information on incidents related to the formulation in other States;
(d) information submitted by other Parties, international organizations, non- governmental organizations or other relevant sources, whether national or international;
(e) risk and hazard evaluations, where available;
(I) indications, if available, of the extent of use of the formulation, such as the number of registrations or production or sales quantity ;
(g) other formulations of the pesticide in question, and incidents, if any, relating to these formulations;
(h) alternative pest-control practices; and
(i) other information which the Chemical Review Committee may identify as relevant.
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PART III-CRITERIA FOR LISTING SEVEIffiLYHAzARDOUS PESTICIDE FoRMUtATIONS
mANNEX III
In reviewing the proposals forwarded by the Secretariat pursuant to paragraph 5 of Article 6, the Chemical Review Committee shall take into account:
(a) the reliability of the evidence indicating that useofthe formulation, in accordance with commen.or recognized practices within tbeproposing Patty, resulted in the reported incidents;
(b) the relevance of such incidents to other States with similar climate, conditions and patterns of use of the formulation;
(c) the existence of handling or applicator restrictions involving technology or techniques that may not'be reasonablyor widely applied in States lacking the necessary infrastructure ; ,
(d) the significance of reported effects in relation to the quantity of the formulation used; and
(e) that intentional misuse is not in itselfan adequate reason to list a formulation inAnnex III.
,4JJnex,V
rNFORMATION REQUIREMENTS f'OREXPOJ{fNOl1Fk:ATION .
I,Exportnotifications shall contain the following information:
(a) name and address of the relevant designated national authorities of the exporting Party and the importing Party ;
(b) expected date of export to the importing Party ;
(c) name of the banned or severely restricted chemical anda summary of the information specified inAnnex I that is to be provided to the Secretariat in accordance with Article 5. Where more than one such chemical is included in a mixture or preparation, such information shall be provided for each chemical;
(d) a statement indicating, if known, the foreseen category of the chemical and its foreseen use within the category in the importing Party ;
(e) information on precautionary measures to reduce exposure to, and emission of the chemical;
(f) in the case of a mixture or a preparation, the concentration ofthe banned or severely restricted chemical or chemicals in question;
(g) name and address of the importer; and
(h) any additional information that is readily available to the relevant designated national authority of the exporting Party that would be of assistance to the designated national authority of the importing Party.
Rbtt~~damCdifJrinfttJnon the Prtdl;~JiJr'm6iJ;,(jJOnsentrProceiJul"ti for Certain Hazardous Chemicals and Pesticides in international Trade
A262 2006No. 17 (Ratification and Enforcement) Act
2. In addition to the information referred to in paragraph I, the exporting Party shall provide such further information specified in Annex I as may be requested by the importing Party.
I certify, in accordance with Section 2( 1) of the Acts Authentication Act, Cap. A2, the Laws of the Federation of Nigeria 2004, that this is a true copy of the Bill passed by both Houses of the National Assembly.
NASIRU IBRAHIM ARAB,
Clerk to the National Assembly 20th Day of June, 2005
EXPLANATORY MEMORANDUM
This Act enables effect to be given in the Federal Republic of Nigeria to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.
I I
SCHEDULE TO THE ROITERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNATIONAL TRADE (RATIFICATION
AND ENFORCEMENl) BILL, 2005
(I) (2) (3) (4) (5) Short Title of the Long Title of the Summary of the Contents Date Passed by the Date Passed by the
Bill Bill of the Bill Senate House of Representatives
Rotterdam Conven- An Act to establish Rotterdam This Bill seeks to enable effect to 17th May, 2004. 1st June, 2006. tion (Ratification Convention on the Prior be given in the Federal Republic of and Enforcement) Informed Consent Procedure Nigeria to the Rotterdam Conven- Bill, 2005. for Certain HazardousChemicals tion on the Prior Informed Con-
and Pesticides in International sent Procedure for Certain Hazard- Trade (Ratification and Enforce- ous Chemicals and Pesticides in ment) Bill, 2005. International Trade.
I certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be true and correct decision of the Houses and is in accordance with the provisions of the Acts Authentication Act Cap. A2, the Laws of the Federation of Nigeria, 2004.
NAslRU IBRAHlMAtwl, Clerk to the National Assembly
20th Day of June, 2005._
J ASSENT.
CHIEF OLUSEGUN OBASANJO,OCFR President of the Federal Republic of Nigeria
22nd Day of June, 2005.