- Minor treaty action
2022 Amendments to Annex III of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade
3.1Minor treaty actions are generally technical amendments to existing treaties that do not significantly affect the national interest.
3.2Minor treaty actions are presented to the Committee with an explanatory statement and are published on the Committee’s website unless a request for confidentiality is received and agreed to by the Committee. The Committee can choose to formally inquire into these treaty actions, or accept them without a formal inquiry. Once considered they are incorporated into a report of the Committee at the next opportunity.
Background
3.3The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention) was the result of the adoption of Chapter 19 of Agenda 21 at the United National Conference on Environment and Development in 1992. The Convention was adopted in Rotterdam in 1998 and entered into force in 2004.
3.4The Explanatory Statement described the Rotterdam Convention as:
… a multilateral treaty that promotes shared responsibility and cooperation on the international trade of certain hazardous chemicals, to protect human health and the environment. The Convention supports Parties with the exchange of information on hazardous chemicals and their potential risks. The aim is to inform and improve national decision making.
3.5The Rotterdam Convention applies to banned or severely restricted chemicals and severely hazardous pesticide formulations only. The Convention generally refers to them collectively as ‘chemicals’.
Annex III listings and the Prior Informed Consent procedure
3.6Annex III of the Rotterdam Convention lists chemicals the Conference of the Parties has decided should be subject to the Prior Informed Consent (PIC) procedure.
3.7The PIC procedure requires each Party to the Rotterdam Convention to make decisions as to whether they will allow imports of chemicals listed in Annex III of the Convention (further details below). The Explanatory Statement clarified:
The PIC Procedure is a mechanism for formally communicating the decisions of importing Parties, known as Import Responses, as to whether they wish to receive future shipments of chemicals listed in Annex III of the Convention, and for ensuring compliance with these decisions by exporting Parties.
3.8There are two mechanisms for listing a chemical in Annex III as outlined in the Rotterdam Convention, one in relation to banned or severely restricted chemicals for States Parties more generally and one in relation to severely hazardous pesticide formulations specifically for developing countries or countries with an economy in transition. Both require notification to the Secretariat, a recommendation by the Chemical Review Committee and a decision of the Conference of the Parties.
3.9Once listed in Annex III, the PIC procedure requires each Party to the Rotterdam Convention to decide whether to allow imports of the chemical, allow imports subject to specific conditions or prohibit imports of the chemical. Each Party must transmit that decision to the Secretariat. Every six months, the Secretariat informs all Parties of the responses it has received.
3.10An exporting Party is required to communicate within its jurisdiction each importing Party’s decision on chemicals listed in Annex III and ensure that exporters within its jurisdiction comply with an importing Party’s decision.
Treaty action
3.11The treaty action concerns the addition of the following chemicals to Annex III of the Rotterdam Convention:
- perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds
- decabromodiphenyl ether (decaBDE).
Perfluorooctanoic acid, its salts and related compounds
3.12According to the Explanatory Statement, PFOA is used in the production of fluoroelastomers and fluoropolymers that are used as surface treatments that reduce surface tension in the manufacture of articles like non-stick kitchenware and food processing equipment, protective coating for textiles and paper, lubricants in the automotive, electronics, construction and aerospace industries, and firefighting foams for extinguishing liquid-fuel fires.
3.13The Explanatory Statement advised PFOA has not been imported into Australia for more than a decade.
Decabromodiphenyl ether
3.14The United States Environmental Protection Agency lists decaBDE as a persistent, bioaccumulative, and toxic chemical. It is used as a flame retardant in plastic enclosures for televisions, computers, audio and video equipment, textiles and upholstered articles, wire and cables for communication and electronic equipment, and replacement parts for cars and aircraft.
3.15According to the Explanatory Statement, decaBDE was last imported into Australia in 2017.
Australia’s proposed decision
3.16The PIC procedure requires Australia to make a decision as to whether to allow imports of PFOA, its salts and related compounds, and decaBDE. The Explanatory Statement advised Australia intends to consent to the import of these chemicals subject to requirements applied under Australian regulations.
3.17Australia’s decision must be provided to the Secretariat by 21 July 2023.
Impact of the treaty action
3.18The additional administrative burden for Australian companies importing or exporting these chemicals is expected to the ‘minimal,’ according to the Explanatory Statement. There will be a requirement to submit an import or export permit application to the Australian Industrial Chemicals Introduction Scheme, managed by the Department of Health and Aged Care. The permits will attract fees.
Implementation
3.19Amendments to Annex III of the Rotterdam Convention enter into force automatically for each Party on the date specified in the decision. The date of entry into force for these amendments to Annex III was 22 October 2022.
3.20According to the Explanatory Statement, implementation will require amendments to:
- sections 71 and 73 of the Industrial Chemicals (General) Rules 2019
- schedule 3 under the Customs Tariff Act 1995.
Reasons for Australia to take the treaty action
3.21The Explanatory Statement asserted that:
The chemicals referred to above [PFOA, its salts and related compounds, and decaBDE] are hazardous chemicals and meet the requirements for listing in Annex III of the Convention. Support for the listing is consistent with Australia’s support for the Convention and the global information sharing regime it enables.
Conclusion
3.22The Committee agreed the amendments to the Rotterdam Convention be endorsed as a minor treaty action, and agreed with the proposed decision for Australia to consent to the import of the chemicals listed in Annex III as a result of the amendments, subject to requirements applied under Australian regulations.