Code of Ethics on the International Trade in Chemicals

 

PART I. GENERAL PROVISIONS

I. OBJECTIVE

1. The objective of this code is to set forth principles and guidance for private sector parties, governing standards of conduct in the production and management of chemicals in international trade, taking into account their entire life cycle, with the purpose of reducing risks to human health and the environment which might be posed by such chemicals.

II. DEFINITIONS 4)

2. For purposes of the code:

(a) “Banned chemical”means a chemical which has, for health or environmental reasons, been prohibited for all uses by final governmental regulatory action;

(b) “Severely restricted chemical”means a chemical for which , for health or environmental reasons, virtually all uses have been prohibited nationally by final government regulatory action, but for which certain specific uses remain authorized;

(c) “Hazardous chemical”means a chemical which represents a threat to human or animal health or to the environment.

(d) “Private sector parties”means industry, workers and their representatives, environmental and consumer groups and other non-governmental organizations, and the public.

(e) “Industry” means all segments involved in production and management of chemicals, taking into account their entire life cycle, including producers, formulators, importers and exporters, traders, and transporters 5).

(f) “International trade in chemicals”means export or import of chemicals.

(g) “Export”and “import”mean, in their respective connotations, the movement of a chemical from one State to another State, but exclude mere transit operations.

(h) “Management”means the handling, supply transport, storage, treatment, application or other use of a chemical subsequent to its initial manufacture or formulation.

(i) “Prior informed consent”(PIC) refers to the principle that international shipment of a chemical that is banned or severely restricted in order to protect human health and the environment should not proceed without the agreement, where such agreement exists, or contrary to the decision of, the designated national authority in the importing country . For the purpose of this code, “designated national authority” means a national government authority designated for purposes of information exchange and the prior informed consent procedure being carried out by UNEP and FAO.

(j) “Prior informed consent procedure”(PIC procedure) means the procedure for formally obtaining and disseminating the decisions of importing countries as to whether they wish to receive future shipments of chemicals which have been banned or severely restricted, being carried out by UNEP and FAO.

(k) “PIC decision”means a decision by a importing country of a chemical subject to the PIC procedure with respect to the future import of chemicals.

III. EXEMPTIONS 6)

3. The code should not apply to:

(a) Pharmaceuticals, including narcotics, drugs and psychotropic substances;

(b) Radioactive materials;

(c) Chemicals imported for the purpose of research or analysis in quantities not likely to affect the environment or human health;

(d) Chemicals imported as personal or household effects, in quantities reasonable for these uses;

(e) Food additives.

IV. THE COMMITMENT TO IMPROVED HEALTH, SAFETY
AND ENVIRONMENTAL PROTECTION RELATED TO
THE INTERNATIONAL TRADE IN CHEMICALS

4. Private sector parties involved in the international trade in chemicals should make a commitment to undertake self-regulatory measures to meet the standards of conduct set out in the principles and guidance contained in Part II below in order to ensure the safe production and management of chemicals in domestic and international trade, taking into account their entire life cycle.

5. Private sector parties should recognize in the commitment their shared responsibility, along with the governments of chemical exporting and importing countries, for the protection of human health and the environment. In particular, business and industry should recognize their responsibility for fully participating in the implementation and evaluation of activities related to Agenda 21 7).

6. The private sector parties that have already entered into the commitment under “Responsible Care”or a similar instrument consistent with this code, such as the FAO Code of Conduct, are encouraged to make a declaration, expressing that existing commitments are consistent with this code. The parties that have not made commitment under “Responsible Care”or a similar instrument should demonstrate their commitment by making an appropriate declaration in a written statement and publish such declaration.

7. Private sector parties making such written declaration should notify UNEP of their respective decisions to enter into commitment to meet the standards of conduct set out in the principles and guidance contained in the code.

8. The parties that have made such written declaration under paragraph 5 and entered into voluntary commitment under the code should initiate necessary action to meet the standards of conduct set out in the principles and guidance below within 180 days after the commitment is notified to UNEP.

9. The commitment by the private sector parties should include the following elements:

(a) Increase chemical safety and enhance the sound production and management of chemicals, taking into account their entire life cycle, in all countries by providing government authorities and relevant private sector parties with relevant information on chemicals in domestic and international trade.

(b) Comply with the PIC procedure being carried out by UNEP and FAO to the extent applicable to private sector parties.

10. Enterprises/companies involved in the production or management of chemicals in domestic and international trade, taking into account their entire life cycle, should demonstrate this commitment at all levels of their enterprises/companies, starting with the highest level of management. This commitment should be communicated throughout the enterprises/companies.

PART II. GENERAL PRINCIPLES AND GUIDANCE FOR
THE IMPLEMENTATION OF THE GENERAL PRINCIPLES

I. GENERAL PRINCIPLES

11. Having agreed to take appropriate actions to protect human health and the environment from adverse effects from the production and management of chemicals in international trade, taking into account their entire life cycle, and to promote chemical safety, private sector parties should:

(a) Act in accordance with the guidance set out in this code, and develop the means for applying the guidance in a manner appropriate to local circumstances;

(b) Allocate the resources necessary for the application of the guidance to their own activities;

(c) Enhance co-operation among private sector parties as well as with government agencies and relevant International Organizations for the promotion the code;

(d) Cooperate with local community to address problems related to chemicals in international trade and solving such problems, including the provision of relevant information.

12. Enterprises/companies involved in the international trade in chemicals, such as producers, formulators, transporters, traders including exporters and importers, should:

(a) Develop management systems to enable the proper production and management of chemicals, taking into account their entire life cycle;

(b) To the extent practicable, evaluate and do business with suppliers, contract manufacturers, transporters, traders and professional users who meet applicable safety, health and environmental criteria.

 

Author: international

Mentioned in these Entries

Code of Ethics on the International Trade in Chemicals 2, Code of Ethics on the International Trade in Chemicals 3, International Conventions from 1991, International Organizations, Other Environmental conventions, country.