Development of chemicals control Why chemicals control is necessary & possibilities it may bring to countries Meeting with regional centers for the Basel, Rotterdam and Stockholm conventions Geneva 6 October 2015 Torbjörn Lindh Swedish Chemicals Agency

History tells - Knowledge on hazards from chemicals can prevent further damage to the environment and human health - Information on hazards has to spread into society together with the chemicals to enhance the management of chemicals risks - Chemicals and other goods need to become safe - We have to strive for the safe production and use

Approaches since the mid 90s: New paradigm in environmental policy Reactive environmental protection; Through-put economy; Focus on damages, injuries and emission control Single issues, sites and problems Separation of issues; Focus on single substances for risk reduction Backtracking symptoms Reactive behaviour of actors Pollution prevention; Precaution, Environmental management; Focus on risks; Sources, patterns, reasons System issues, flows, functions and processes of development Integration of issues; Focus on common criteria for risk reduction Predicting potential risks Proactive behaviour of actors Ref: Oosterhuis, Rubik, Scholl (1996) Product Policy in Europe: New Environmental Perspectives

Chemicals control through chemicals legislation Chemicals legislation regulates importers and manufacturers obligations for the knowledge and information on hazards and risks from chemicals and special hazards and precautions regarding pesticides It focuses on the supply that makes chemicals circulate in society available for use: For professional use (industrial chemicals) or for the general public (consumer chemicals)

Areas of legislation on chemicals safety connect, interact and support each other Principles and detailed rules for safe production and use of chemicals are normally given by: Environmental legislation (Emission control, chemicals waste etcetera), Legislation concerning workers’ health and safety, and Legislation to prevent and control major chemical accidents

Routes Chemicals legislation works to control the access to certain particularly hazardous chemicals by restrictions, product control of pesticides and other means It works with information and communication on hazards, risks and preventive measures, making GHS mandatory to control manners of use and to shift the use patterns

Responsibilities Chemicals control builds on: Industry responsibilities and undertakings Government / authorities regulation, supervision, inspection and possible help-desk functions

Chemicals control with the supply and circulation in society Obligations on chemicals manufacturers and importers Transport of dangerous goods Obligations on the transporter Hazardous waste Obligations on the waste producer Chemical agents at the work place Obligations on the employer Emissions Obligations on the polluter Major chemical accidents Obligations on the operator of the installation Spread of knowledge on hazards and precautions Control of particularly hazardous substances Legislation places obligations for risk management on industry in separate capacities, competencies and functions along the line of chemicals handling in society

Chemicals control in practice You achieve that industry is doing its risk management duties within its everyday activities Phasing out substances of very high concern because of their hazardous properties / adverse effects Making use of GHS for risk communication, safe choices and safe management of hazards in general; encouraging the development of less hazardous products and techniques

The key role of substance classification The classification is a package of important knowledge on the hazards of a substance and the precautions to be undertaken. It feeds the classification of mixtures and the further information and management recommendations to be provided with the SDS Classification is used for various purposes downstream: - to take decisions on chemicals choice, purchase and use manners, - assess chemicals hazards at sites of hazardous installations, - for the classification of hazardous waste In order to help SMEs it is advisable that countries issue a national list of binding classifications for the most common substances Hazard statements, precautionary statements

Chemicals control is doable Chemicals manufacturers and importers are few in comparison to the large numbers of users Chemicals (although a high number) are few compared to the almost indefinite numbers of their applications and uses Points of control are few compared to the almost indefinite points of use that otherwise had to be subject to most of the control Note: Numbers in the example above are typical numbers for medium-sized industrialised countries

Scope of law and clear responsibilities are of importance in all legislation - What do the laws cover in the various areas of chemicals safety? - On whom are the law obligations placed? - Who is given regulatory and supervisory powers?

Example of area of legislation Scope of chemicals safety Scope of obligations Responsible ministry (-ies) Chemicals controlNo adverse effects from chemicals placed on the market The manufacturer, the importer Environment, Health, Trade EnvironmentPollution prevention and control; Waste disposal The polluterEnvironment Protection of workers Dangerous chemical agents The employerLabour; Health; Social Affaires Transport of dangerous goods Classified goodsThe transporter Transport; Interior Major accidents prevention and control Sites of hazardous installations (Seveso-establishments) The operatorDefence; Physical planning; Interior

Legislation on chemicals safety apply equally in all sectors of society Sector: Legislation: AgricultureForestryIndustryMining / ETC Chemicals placed on the market Transport of dangerous goods Chemical agents at work Chemical emissions to Environment Waste management

Introducing restrictions or other special means of control? 3. Systems for risk reduction based on selection criteria, evaluation methods and routine procedures (for example bans on CMRs in consumer chemicals) 2. Actions on the use of high concern substances because of well documented adverse impacts on human health and the environment 1.Actions implementing conventions: POPs, Ozone depleting substances, Mercury

Launching GHS, making it mandatory? 3. Make GHS legally binding for mixtures 2. Make GHS legally binding for substances 1.Make GHS well known to industry

Importance of in-built incentives: Users need to know Obligations on the manufacturer and importer to provide information Downstream users’ increasing needs to manage hazards and risks

LIRA emphasises the importance of: A clear division of responsibilities (industry - administration), Clear mandates to ministries, Sufficient powers and resources to enforcement, and A sustainable financing through defined responsibilities and cost recovery mechanisms LIRA suggests a frame work law and to gather core capacity and competencies under a lead administration

What chemicals legislation brings Countering adverse effects at the most early stage Replacing hazardous chemicals and phasing out unsafe use patterns Giving raise to everyday safety activities Integrating into international developments Enabling Governments to target high concern risks Responding to users’ and exporters interests Establishing cost effective incentives and well defined institutional arrangements Enabling Governments to target high concern risks

International, regional and national context When implementing international requirements, invest in a chemicals control system that includes national priorities and holds for the future Harmonize regulatory actions on particularly hazardous substances between countries Harmonize binding GHS rules with neighbours and trading partners Foresee that Industry makes maximum use of internationally existing information Share regionally available scientific and laboratory capacities

Financing Chemicals Control Socio-economic benefits from chemicals legislation are considerable over time. It is better to prevent than to cure Costs of Inaction (UNEP) Compare costs from not undertaking any action at all to the costs from undertaking the necessary measures 1) Ref EU 2004 REACH, The Impact of REACH, Overview of 36 studies, ECORYS & Opdenkamp Adviesgroep, Hague 2004 Predictions of the impact of REACH indicate benefits that are twentyfold the costs to implement and maintain that legislation 1)

Financing Government Administration The division of responsibilities made by law gives the basic sharing of costs for SMC between industry and administration Costs internalised to industry Administrative costs -- Obligations on Industry Chemical knowledge, Use of GHS Replacement of too hazardous chemicals Regulatory action Supervision, Enforcement, Support The cost allocation promoted by chemicals legislation makes administrative costs more predictable and stable and more reasonable to manage. Certain service costs may be covered by fees

Clear allocation of costs, reduction of cost increases down the supply chain Each actor may bear the costs for activities fulfilling her obligations Chemicals management costs at the top of the supply chain may be recovered, well distributed within production and trade and successively diluted by the price-mechanism Purchase of chemicals in the example represents 1/10 of the user’s total costs. So the original cost increase 0.1 percent becomes 0.01 percent

Make use of UNEP deliveries and international achievements OECD eChemPortal

Topic for the discussion: Why should governments put resources into this? Chemicals may be hazardous to peoples’ health and to the environment. This is true for any rationale Summarize three additional reasons to strengthen legislation and institutions for chemicals control – to convince policy persons in your respective region Explain why you find these reasons most important (pros) Think of possible objections or skepticism in regard to your reasons (cons)