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Eighth session of the Intergovernmental Negotiating Committee (INC) for an international legally binding instrument for the application of the Prior Informed Consent procedure for certain hazardous chemicals and pesticides in international trade

Rome, Italy 8-12 October 2001

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Update for Wednesday, 10 October 2001  

On the third day of INC-8, delegates met briefly in Plenary to discuss non-compliance, then convened in working groups on discontinuation of the interim prior informed consent (PIC) procedure and on conflict of interest in the Interim Chemical Review Committee (ICRC). The legal drafting group also convened to discuss financial rules. Left photo: INC Chair Maria Celina de Azevedo Rodrigues in discussion with Gerardo Viña-Vizcaino.


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Masa Nagai (right), interim Secretariat, presented a note on non-compliance (UNEP/FAO/PIC/INC.8/14, INC.8/15 and INC.8/INF/2). Describing a possible non-compliance model requested by INC-7, he outlined its two components: an institutional mechanism and a model of procedure.


Patrick Szell (UK) (left), Legal Drafting Group Chair, then updated Plenary on progress made, noting that the rules of procedure had been finalized and arbitration and conciliation would hopefully be finalized by Thursday evening.


Working Group Co-Chair André Clive Mayne (Australia) (left) explained that the group is to propose options or endorse feasible solutions regarding discontinuation issues (UNEP/FAO/PIC/INC.8/16).

Bill Murray (left), interim Secretariat presented two solutions: that these chemicals not be added to Annex III since they remain Annex I non-compliant; or that these chemicals be listed in Annex III.

Delegates agreed that this option, in addition to one reflecting the US interest, be accepted for consideration.
Regarding notification of chemicals submitted during the interim PIC procedure by non-Parties at the time of entry into force, Marie Ricciardonel (US) (right) objected to all notifications being subject to the Convention regardless of the status of the notifying country.


Delegates agreed not to discuss recommendations regarding mitigation of possible negative effects resulting from termination of the interim PIC procedure. Left photo L-R: Paula Shiyelekeni (Namibia), Twalib Khamis and Winnie Rogers (Kenya) leaving plenary to go to their respective Working Group.

Working group Chair Gerardo Viña-Vizcaino (Colombia) (right) presented the document on conflict of interest (UNEP/FAO/PIC/INC.8/10) and reminded the group of its aim to elaborate on the Secretariat's proposal on the declaration of the conflict of interest by ICRC experts, and to help resolve the issue within INC-8.

ICRC Chair Reiner Arndt (Germany) (left) distinguished between observers and ICRC members.

AUSTRALIA (right), CANADA, EGYPT and the US reiterated that the Convention gives governments the right to nominate industry experts, and independence of the ICRC should be protected via the procedure on conflict of interest.

The US, supported by AUSTRALIA, noted that within the code of conduct, experts would agree to annually disclose activities, and said this would eliminate the need for oversight.

If a conflict of interest exists, BELGIUM (left) stressed that designating government should be able to reconsider its expert before reverting the issue to the COP. Van der Graaff said governments should not be able to ask for the removal of experts.

Niek Van der Graaff (left) said governments should not be able to ask for the removal of experts.
AUSTRIA, MEXICO, AUSTRALIA and others agreed the issue should be addressed on a case-by-case basis to ensure transparency is maintained and that experts disclosing their conflicts of interest may voluntarily recuse. A small group continued meeting to, inter alia, finalize details of the declaration. Right photo: Rocio Alatorre making an intervention.

ENB Summary of PIC-7
ENB Daily website coverage, photos, Real Audio files and daily reports from PIC-7
Report of the second session of the Interim Chemical Review Committee
PIC (Rotterdam Convention) web site with Meetings and documents
ENB's Introduction to Chemical Management
Joint UNEP Chemicals/WHO GEENET Project

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