Thought StarterPrepared for IFCS Forum VI

International Transport of Lead and Cadmium via Trade:

An International Concern?

The Center for International Environmental Law (CIEL) in consultation with the IFCS Forum Standing Committee Working Group

and on behalf of the Government of Germany, lead sponsor

Do risks presented by the dispersal of lead (Pb) and cadmium (Cd) via international trade throughout their lifecycles – e.g. commodities, products and wastes – warrant coordinated international action to protect human health and the environment, to complement ongoing work in other fora?

“International concern”The potential multilateral dimension of the risks to human health and environment that may result from international trade in lead and cadmium.Distinct from the assessment of:

“Long-range environmental transport”The subject of the Stockholm POPs Convention, the LRTAP Convention and UNEP’s scientific review of lead and cadmium, among other international efforts.

Thought Starter – Part 2

1.Toxicity and eco-toxicity

2.International trade flows

3.Exposures to Pb and Cd Resulting from International Trade

4.Multilateral agreements relevant to the international transport of Pb and Cd via trade, principally the Rotterdam and Basel Conventions

2. International trade flows

“Accelerating trade in goods and materials across borders and across continents is one of the defining features of the early 21st century.”-- UNEP Executive Director, Achim Steiner

“Substance flows as a consequence of trade and waste disposal, mainly in developing and transition countries, are major causes of human exposure.”-- UNEP Interim review of scientific information on lead

UNEP Interim review of scientific information on cadmium

Exposures to Pb and Cd resulting from international trade throughout the lifecycle of these metals:

1. Primary production and export;

2. Imported products; and

3. Waste

1. Primary production and export

The Doe Run multi-metal smelting facility

La Oroya, Peru.

2. Imported Products

Lead Paint Prompts Mattel to Recall 967,000 Toys

The New York TimesAugust 2, 2007

3. Waste

Electronic waste in NigeriaBasel Action Network

Battery recycling in India

Electronic waste recycling factory in Dobbspet, India USA TODAY 7/6/2008

International agreements that apply to international trade in lead and cadmium

The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal

International agreements that apply to international trade in lead and cadmium

• Tetraethyl lead and tetramethyllead are the only two Pbcompounds that are on the PIC list.

• Cadmium is not listed

• Covers all types of wastes that contain lead and cadmium

• Voluntary technical guidelines: Environmentally sound recycling/reclamation of metals and metal compounds; and, Environmentally sound management of waste lead-acid batteries

• Training manual -- national management plans for Pb batteries in the context of Basel implementation

Thought Starter - Part 3

Considerations that may guide discussion of whether the health and environmental risks of trade of hazardous substances, throughout their lifecycles, may present an international concern.

Three common considerations underlie most multilateral chemicals and environmental agreements with trade-related provisions:

1. Risk2. Responsibility3. Remedy

Three common considerations:

1. Risk: The international community perceives that certain substances or activities present an unacceptable risk to human health or the environment.

2. Responsibility: An action (or failure to act) by one or more countries may increase the risk of harm to other countries from the substances or activities.

3. Remedy: Countries find it difficult or impossible to protect themselves unilaterally from the increased risk.

1. Risk

i. Is the harm occurring now? Is there a high level of confidence that it will occur in the future if no action is taken?

ii. Are many countries, people, or species placed at risk by the substance or activity?

iii.What is the state of scientific understanding of the causes and effects of the harm?

1. Riskiii.Are vulnerable groups at greater risk? Are

future generations affected?

iv.Can the harm lead to secondary effects such as impairing economic development, causing social unrest, or exacerbating poverty?

v. Are substitutes or safer alternatives available for economically important uses of the substances that should be considered?

2. Responsibility

“States have. . . the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.”

-- UN General Assembly, Rio Declaration on Environment and Development, Principle 2 (1992)

2. Responsibility

i. Can a significant risk be traced to the trade?

ii. Is it reasonably foreseeable that the trade will contribute to the risk?

iii.The extent to which an country avoids internalizing the environmental and health costs related to its consumption, and instead externalizes those costs to its trading partners and consumers?

iv.Are there mitigating factors to consider related to the trade, such as increased incomes in poor countries?

3. Remedy

Existing MEAs with trade-related measures:

Where international trade is a primary factor giving rise to a health or environmental risk, unilateral action is unlikely to be an effective or sufficient approach for dealing with the risk.

3. Remedy

Do countries find it difficult or impossible to protect themselves unilaterally from the increased risk?

i. Whether measures to address the risks of hazardous substances in traded products can be taken most effectively and efficiently by producing or importing States?

ii. Whether DCs and CiTs have sufficient chemicals management capacity to address risks by themselves?

3. Remedyiii.Whether measures addressing international

trade in the hazardous substance would be the most efficient and effective way to prevent the harm?

iv.The extent to which existing multilateral chemicals agreements may be able to respond to risks posed by the hazardous substance?

v. Whether a country with significant chemicals management capacity is able to address the harm by itself?

Whether countries are able to effectively address the risks presented by the international trade in lead and cadmium through unilateral action, or if there exists a need for coordinated international action and support.

A Possible Way Forward

If the Forum concludes that there is a need for coordinated international action, it may wish to consider and recommend possible actions for consideration by the UNEP Governing Council at its 25th session in February 2009, and by the second International Conference on Chemicals Management (ICCM-2) in May 2009.