Rotterdam Convention

Introduction :

• The Rotterdam Convention (formally, the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade) is a multilateral treaty to promote shared responsibilities in relation to importation of hazardous chemicals.
• The convention promotes open exchange of information and calls on exporters of hazardous chemicals to use proper labeling, include directions on safe handling, and inform purchasers of any known restrictions or bans.
• Signatory Nations can decide whether to allow or ban the importation of chemicals listed in the treaty, and exporting countries are obliged to make sure that producers within their jurisdiction comply.
• The Prior Informed Consent Regulation (PIC, Regulation) administers the Import and export of certain hazardous chemicals and places obligations on companies who wish to export these chemicals to non-EU countries. It aims to promote shared responsibility and cooperation in the international trade of hazardous chemicals, and to protect human health and the environment by providing developing countries with information on how to store, transport, use and dispose of hazardous chemicals safely.
• The PIC Regulation applies to banned or severely restricted chemicals, containing industrial chemicals, pesticides and biocide, for example, benzene, chloroform, atrazine and permethrin. The export of these chemicals is subject to two types of requirement: export notification and explicit consent.
• The PIC Regulation implements, within the European Union, the Rotterdam Convention on the Prior Informed Consent procedure for certain hazardous chemicals and pesticides in international trade.

The different Annexures in the PIC Regulation of the Conventionare given as below:

• Annex- I : contains all information requirements for notifications made pursuant to article 5, whereas Annex II describes the criteria for listing these banned or severely restricted chemicals in Annex III, making them subject to the PIC procedure.
• Annex- II : requires a risk evaluation based on a review of scientific data in the context of the conditions prevailing in the Party’s country submitting the notification of a final regulatory action to ban or restrict a chemical. The data should be generated in accordance to scientifically recognized methods and data reviews carried out in agreement of sound scientific principles and methods.
• Annex- III : include pesticides and industrial chemicals that have been banned or severely restricted for health or environmental reasons by two or more Parties and which the Conference of the Parties has decided to subject to the PIC procedure. There are a total of 52 chemicals listed in Annex III, 35 pesticides (including 3 Severely Hazardous Pesticide Formulations (SHPF)), 16 industrial chemicals, and 1 chemical in both the pesticide and the industrial chemical categories.
• Annex- IV : of the Convention sets out information and criteria for listing those SHPFs in Annex III and asks for further information, for example risk and/or hazard evaluations, where available. Articles 12 and 13, describe the obligations of Parties exporting chemicals listed in Annex III and chemicals banned or severely restricted in their territory, to notify and to provide each importing Party with a safety data sheet according to an internationally recognized format including scientifically based information.

Current Practice by DCPC

• DCPC take action only on signed version of the notification not on preliminary version of the notifications without signature of DNA ECHA enclosing questionnaire for explicit consent.
• The Notification wherein the proposed chemical comes under Annex-III of Rotterdam Convention and section 6.2 of the notification marks the chemical as ‘Pesticide’ and ‘Industrial Chemical’ both or only Industrial Chemical, DCPC seeks following documents to ensure that the chemicals which are being import are utilized for the purpose as mentioned in sub section 3.3 of their notification.
  • Copy of purchase orders
  • End user certificate with the application of chemical consumption process.
  • Factory registration certificate (copy).
  • Affidavit the imported chemicals will be used only as industrial chemical and not as pesticide and other application.
• For the notifications wherein mentioned chemicals are not listed in Annex-III, DCPC inform to ECHA that since Department acknowledges only those chemicals which are listed in Annexure-III of PIC Procedure of Rotterdam convention.
• The Notification wherein the proposed chemical comes under Annex-III of Rotterdam Convention and marked as ‘Pesticide’ in section 6.2 of notification, are transferred to Department of Agriculture Cooperation and Plant Protection (DAC&PP) of Ministry of Agriculture and Farmers Welfare for further necessary action.