London Guidelines for the Exchange of Information on Chemicals in International Trade

 

8. Information regarding exports

(a) If an export of a chemical banned or severely restricted in the State of export occurs, the State of export should ensure that necessary steps are taken to provide the designated national authority of the State of import with relevant information; 6/

(b) The purpose of information regarding exports is to remind the State of import of the original notification regarding control action and to alert it to the fact that an export will occur or is occurring;

(c) The minimum information to be provided for this purpose should be:

(i) A copy of, or reference to, the information provided at the time of notification of control action;

(ii) Indication that an export of the chemical concerned will occur or is occurring;

(iii) An estimate of the quantity to be exported annually as well as any shipment-specific information that might be available;

(d) States should endeavour to ensure that, to the extent possible, information regarding exports provided or received in implementation of these guidelines is forwarded to the State of final destination and to IRPTC;

(e) Provision of information regarding exports should take place when the first export following the control action occurs, and should recur periodically or in the case of any significant development of new information or condition surrounding the control action. It is the intention that, in so far as possible, the information should be provided prior to export. Where the chemical has been banned or severely restricted before the adoption of these Guidelines, the “first export following the control action”should be considered to be the first export after adoption of these Guidelines.

9. Channels of notification and information

(a) Notifications of control actions should be addressed to IRPTC for transmission to designated national authorities;

(b) Participating importing countries should send their response on the prescribed forms to IRPTC for appropriate dissemination;

(c) PIC decision guidance documents will be transmitted by IRPTC to designated national authorities in participating importing countries for their decision and response and to designated national authorities in other countries for their information;

(d) Information on exports should be addressed to the national authority designated for this purpose in the State of import.

10. Feedback

Designated national authorities of States of import should provide to IRPTC, for the purpose of periodic review pursuant to paragraph 5.9 (d), a summary of action taken as a result of notifications and information received pursuant to paragraphs 6, 7.3 and 8 and information on any difficulties which they have experienced in using these Guidelines.

11. Confidential data

(a) States undertaking information exchange in implementation of these Guidelines should establish internal procedures for the receipt, handling and protection of confidential and proprietary information received from other States;

(b) States receiving notifications and information regarding exports should be responsible for the protection of proprietary rights and the confidentiality of data received under these Guidelines when claimed by the State supplying the information.

12. Functions of designated national authorities

(a) Control action. It should be the function of designated national authorities, with regard to control action taken by States to ban or severely restrict a chemical:

(i) To provide notification to IRPTC, in accordance with these Guidelines, that such control action has been taken;

(ii) To receive from IRPTC notification that such action has been taken in other States, and to ensure its prompt transmittal to all other national authorities concerned;

(iii) To receive from the United Nations the regular updates of the United Nations Consolidated List of Products Whose Consumption and/or Sale have been Banned, Withdrawn or Severely Restricted by Governments;

(v) To respond to notifications of control action in accordance with paragraph 7.3 of these Guidelines, including response to the lists to be circulated in accordance with paragraph 7.2 and annex II;

(b) Imports. It should be the function of designated national authorities, with regard to imports of banned or severely restricted chemicals:

i) To receive from States of export information on exports, and to ensure the prompt transmittal of such information to all other authorities concerned in the State of import;

ii) To transmit to States of export requests for further information as required;

(iii) To provide feedback information to IRPTC on action taken as a result of notifications and information received and on any difficulties experienced in the exchange of data with States of exports;

(iv) To advise and assist import control authorities so that they can take appropriate import control actions under their authority;

(v) To strengthen national decision-making procedures and import control mechanisms;

(vi) To ensure that decisions apply uniformly to all sources of import and to domestic production of chemicals for domestic use;

(vii) To encourage that chemicals subject to PIC be purchased only from sources in exporting countries which are participants in that procedure;

(c) Exports. It should be the function of designated national authorities, with regard to exports of banned or severely restricted chemicals:

(i) To ensure the issuance or transmittal of information on exports;

(ii) To respond to requests for information from other States, especially as regards sources of precautionary information on safe use and handling of the chemicals concerned;

(iii) To communicate PIC decisions to their export industry;

(iv) To implement appropriate procedures, within their authority, designed to ensure that exports do not occur contrary to the PIC decisions of participating importing countries;

(d) Other functions. Designated national authorities should also consider the need:

(i) To provide information regarding applicable national regulations for the management of banned or severely restricted chemicals;

(ii) To ensure the provision of appropriate precautionary information to persons using or handling the chemicals concerned;

(iii) To keep records of notifications and information received, issued and transmitted which could be open for public inspection in accordance with national law, except for information classified as confidential or proprietary;

(iv) To keep records of imports and exports of banned and severely restricted chemicals.

PART III. – GENERAL INFORMATION EXCHANGE AND PROVISION OF TECHNICAL ASSISTANCE REGARDING CHEMICALS

13. Information, advice and assistance

(a) For the protection of human health and the environment, States should facilitate:

(i) The exchange of scientific information (including toxicological and safety data) and technical, economic and legal information concerning the management of chemicals, particularly through designated national governmental authorities and through intergovernmental organizations as appropriate;

(ii) The provision upon request of technical advice and assistance concerning the management of chemicals to other States, on a bilateral or multilateral basis, taking into account the special needs of developing countries.

b) With regard to the export of chemicals, States of export should ensure that, where appropriate, information, advice and assistance is provided to States of import concerned regarding the sound management of such chemicals, including appropriate precautionary information;

(c) With regard to the use of imported chemicals, States of import should, on the basis of notification and information provided by States of export, take the necessary measures to ensure that users are provided with information, advice and assistance for the sound management of such chemicals, including appropriate precautionary information;

(d) As far as practicable, precautionary information should be provided in the principal language or languages of the State of import and of the area of intended use, and should be accompanied by suitable pictorial and/or tactile aids and labels.

14. Classification, packaging and labelling

(a) States should recognize that classification, packaging and labelling are important elements in information exchange on chemicals in international trade, and that it is desirable that chemicals exported from their territories are subject to no less stringent requirements of classification, packaging and labelling than comparable products destined for use in the State of export;

(b) In the development and implementation of existing and future internationally harmonized procedures for the classification, packaging and labelling of chemicals in international trade, States should take into account the special circumstances surrounding the management of chemicals in developing countries.

(c) In the absence of other standards in the State of import, States should ensure that the classification, packaging and labelling of chemicals exported from their territories conform to recognized and, where appropriate, internationally harmonized procedures and practices for ensuring the protection of human health and the environment during use of these chemicals.

15. Technical assistance

(a) IRPTC should encourage funding agencies, such as the development banks and the United Nations Development Programme, and bilateral donors to provide training, technical assistance and funding for institutional strengthening and should further encourage other United Nations organizations to strengthen their activities related to safe management of chemicals;

(b) States with more advanced chemical regulatory programmes should provide technical assistance to other countries in developing infrastructure and capacity to manage chemicals within their countries, including implementation of the provisions of these Guidelines. Developing countries with more advanced systems should be particularly encouraged to provide technical assistance to other developing countries with no, or less advanced, systems of chemical management. To the extent possible, donor countries and institutions and recipient countries should inform IRPTC of all such technical assistance activities;

(c) Special attention should be devoted by technical assistance and funding authorities to those countries without any regulatory procedures on chemicals in developing a regime for their control;

(d) Essential elements of technical assistance needed by developing countries for the management of chemicals include:

(i) Strengthening existing infrastructure and institutions;

(ii) Provision for the interchange of experts, including short missions, from developed countries to developing countries and vice versa and in particular from one developing country to another for the purpose of:

a. Sharing each other’s experience and exchanging ideas;

b. Advising on analysis of information on chemical risks and benefits, conducting environmental impact assessment, and disposing of unusable products safely;

c. Sharing information on new products and alternatives;

d. Ascertaining research and development requirements for local pesticide efficacy studies and development of alternatives;

e. Assisting one another in dealing with practical difficulties in implementing these Guidelines;

(iii) Training to include:

a. Technical workshops on a local, regional and international level;

b. Awareness campaigns on the safe management of chemicals for industrial and agricultural workers, customs officials and doctors;

c. Opportunities for decision makers in developing countries to study systems in countries which have been successfully implementing these Guidelines.

Author: international

Mentioned in these Entries

London Guidelines for the Exchange of Information on Chemicals in International Trade, country.