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Global
Mercury Assessment
CHAPTER
11
Options for addressing any significant global adverse impacts
11.1
Overview
1010.
Chapter 11 responds to the request of the UNEP Governing Council to
outline options for consideration by the Governing Council, addressing any
significant global adverse impacts of mercury, inter alia, by
reducing and or eliminating the use, emissions, discharges and losses of
mercury and its compounds; improving international cooperation; and ways
to enhance risk communication.
1011.
As
part of the implementation of Governing Council decision 21/5, UNEP
established a Working Group to assist it in preparing for the Governing
Council’s discussions on the issue at its session in February 2003.
The Global Mercury Assessment Working Group, at its first meeting
held from 9 to 13 September 2002, finalized this assessment report for
presentation to the Governing Council at its 22nd session.
At this meeting, the Working Group arrived at a number of
conclusions of relevance to the Governing Council’s considerations:
-
Based
on the key finding of this report, the Working Group concluded that,
in its view, there was sufficient evidence of significant global
adverse impacts to warrant international action to reduce the risks to
human health and/or the environment arising from the release of
mercury into the environment. The
reasoning behind its conclusion is described in section 11.2.
While it was important to have a better understanding of the
issue, the Working Group emphasized that it was not necessary to have
full consensus or complete evidence in order to take action and
therefore potentially significant global adverse impacts should also
be addressed.
-
The
Working Group also agreed on an outline of options for recommendation
on measures to address global adverse impacts of mercury at the
global, regional, national and local levels.
The options are outlines in section 11.3, while some additional
aspects for consideration by the Governing Council are given in
section 11.4. The
options include measures such as reducing or eliminating the
production, consumption and releases of mercury, substituting other
products and processes, launching negotiations for a legally-binding
treaty, establishing a non-binding global programme of action, and
strengthening cooperation amongst governments on information-sharing,
risk communication, assessment and related activities.
-
Finally,
the Working Group agreed to the need to submit to the Governing
Council a range of possible immediate actions in light of their
findings on the impacts of mercury, such as increasing protection of
sensitive populations (through enhanced outreach to pregnant women and
women planning to become pregnant),
providing technical and financial support to developing countries and
to countries with economies in transition, and supporting increased
research, monitoring and data-collection on the health and
environmental aspects of mercury and on environmentally friendly
alternatives to mercury. These
proposals for immediate action are given in section 11.5.
1012.
By having initiated the development of this assessment report and
the outline of options, the Governing Council will have a better basis for
considering if any international action on mercury is called for in order
to promote environmentally sound management of mercury and its compounds.
The assessment report will contribute to increased awareness and
understanding among decision makers of the major issues related to mercury
and its compounds, thereby facilitating the debate on the issue at the
next session of the Governing Council.
11.2
Conclusions with respect to significant global adverse impacts of
mercury
1013.
The Working Group confirmed the need for a global approach to
address the issue of global adverse impacts of mercury, as there was
evidence that mercury impacts on the environment have considerably
increased globally due to human activities and that mercury was being
transported globally to regions far from the source of release.
The Working Group recommended that the Governing Council when
considering any global adverse impacts of mercury at its next session,
take into account the Working Group’s conclusions with regard to
significant global adverse impacts as set out below. (UNEP, 2002)
1014.
For the reasons described below, the Working Group concluded that
there was sufficient evidence of significant global adverse impacts to
warrant international action to reduce the risks to human health and/or
the environment arising from the release of mercury into the environment.
Hazardous
properties of global relevance
1015.
Mercury and its compounds are highly toxic substances.
The potential toxicity of mercury for humans and other organisms
varies widely depending on the chemical form, the pathway of exposure, the
amount, and the vulnerability of the person exposed.
1016.
An
important factor about mercury is its ability to build up in organisms (bioaccumulate)
and move up in the food chain (biomagnify).
This is of particular relevance with respect to methylmercury,
which accumulates to a greater extent than other forms of mercury and thus
methylmercury is the primary species of concern.
1017.
Once mobilized, mercury persists in the environment where it
circulates in air, water, sediments, soil and biota in various inorganic
and organic forms. It is
capable of being transported over long distances, and releases on o
continent can be deposited in other continents and elsewhere.
Depending on local mercury pollution load, substantial additional
contributions to the intake of total mercury can occur through air and
water.
Human
populations and ecosystems most as risk
1018.
The general population is primarily exposed to methylmercury
through diet and to elemental mercury through dental amalgam.
Other routes of exposure include environmental releases and
occupational activities. Exposure
to mercury might also occur through the use of mercury-containing
products, including vaccines containing mercury preservatives (Thimerosal/Thiomersal)
and certain cosmetics.
1019.
Some populations are especially vulnerable to mercury
contamination. These include
pregnant women, the newborn, children and indigenous people exposed to
methylmercury through the consumption of contaminated fish, and
communities dependant on foods that may contain high levels of
methylmercury, such as fish and marine mammals.
1020.
Workers
who may be occupationally exposed to high levels of mercury are also at
risk.
1021.
There are also particularly vulnerable ecosystems and wildlife
populations. These include
top predators in aquatic and terrestrial food webs (e.g., fish-eating
birds and mammals), Arctic ecosystems, wetlands, tropical ecosystems and
soil communities.
1022.
Mercury also gives rise to socio-economic effects on countries
dependant on fisheries as an important activity, and may have impacts on
agricultural production and land and aquatic uses.
Sources
1023.
There is clear evidence that mercury impacts on the environment
have considerably increased globally due to human activities.
The most significant environmental releases of mercury are air
emissions, but mercury is released in other ways, including discharges
from various sources to water and land.
The relative contributions to the releases of mercury from
different source types vary between countries.
1024.
Some examples of major sources of anthropogenic releases of mercury
are:
(a)
Releases from mobilization of mercury impurities:
-
Coal-fired
power and heat production (largest single source to atmospheric
emissions)
-
Energy
production from other fossil carbon fuels
-
Cement
production (mercury in lime)
-
Mining
and other metallurgic activities involving the extraction and
processing of virgin and recycling mineral materials, for example
production of:
-
iron and steel
-
ferromanganese
-
zinc
-
other non-ferrous metals
(b)
Releases from intentional extraction and use of mercury:
-
Mercury
mining
-
Small-scale
gold mining (amalgamation process)
-
Chlor-alkali
production
-
Use of
fluorescent lamps, instruments, dental amalgam fillings etc.
-
Manufacturing
of products containing mercury, for example:
-
thermometers
-
manometers and other instruments
-
electrical and electronic switches
-
Biocides
(e.g. seed-dressing, pesticides and slimicides)
-
Use of
other products, such as batteries, fireworks and laboratory
chemicals
(c)
Releases from waste treatment, cremation, etc. (originating from
both impurities and intentional use of mercury):
1025.
Concern was expressed that highly contaminated industrial sites and
mining operations continue to release mercury.
It was also noted that land, water and resource management
activities such as forestry and agricultural practices and flooding can
make mercury more bioavailable. Methylation
and bioaccumulation are also influenced by high levels of nutrients and
organic matter in water bodies. Frequent
extreme weather events can contribute to release of mercury through
flooding and soil erosion. Concern
was also raised regarding potential releases from surplus stocks of
mercury and the need for proper storage.
1026.
As uses are phased out in some parts of the world, mercury waste
and recycling of mercury are on the increase.
In this context, concerns have been identified regarding the export
of mercury waste to other regions and the possible transfer of outdated
technology to developing countries and countries with economies in
transition.
Magnitude
of the threat
1027.
Mercury pollution has significant impacts at the local, national,
regional and global levels. These
impacts should be addressed through a range of actions at each of these
levels, targeting both the supply of and demand for mercury.
1028.
Mercury and its compounds have caused a variety of documented,
significant global adverse impacts on human health and the environment
throughout the world. Exposure
studies from numerous geographic areas indicate that a significant portion
of humans and wildlife throughout the world are exposed to methylmercury
at levels of concern. Elevated
methylmercury levels also have been measured in numerous freshwater and
marine species throughout the world. Even areas with minimal local and national mercury releases,
such as in the Arctic, are adversely affected due to the transcontinental
and global transport of mercury.
1029.
Some effects of mercury are linked to long-range transport while
others are more local in character. Exposure
through long-range environmental transport occurs where mercury released
into air or water circulates and is transformed into methylmercury, which
then comes into contact with humans and wildlife (e.g., through
consumption of mercury-contaminated fish and mammals).
By comparison, high exposures to inorganic mercury can occur
through contact with mercury or mercury vapours at or near the source of
use or release.
11.3
Conclusions with respect to possible options for addressing any
significant
global impacts of mercury
1030.
The Working Group further recommended that the Governing Council
should consider the outline of options for addressing those significant
global adverse impacts of mercury as given in the text below. (UNEP, 2002)
1031.
This
outline
lists possible options for recommendation on measures to address global
adverse impacts of mercury at the global, regional, national and local
levels. They can correspond
to short, medium and long-term goals.
Specific options may be adopted at different times in different
countries or can be applied sequentially.
In deciding which measures are most appropriate and effective at
global, regional or national levels, varying socio-economic impacts should
also be taken into account.
A. Measures to reduce and/or eliminate the use,
emissions, discharges and losses of mercury and its compounds
1.
Substituting products and processes
1032.
Measures
that involve substituting products and processes that contain or use
mercury might include:
(a)
Limiting or preventing use of mercury in products where
alternatives exist and promoting development of appropriate alternatives
for remaining essential uses;
(b)
Limiting or preventing the intentional use of mercury except in
artisanal mining activities until appropriate and affordable technology is
transferred to the said sector;
(c)
Limiting or preventing use of obsolete technology and requiring use
of best available techniques and best environmental practices to reduce or
prevent mercury releases into air and water;
(d)
Gradual phasing-out of mercury already in use and
mercury-containing products, after promoting the development of effective
and affordable mercury substitutes and alternative technology.
2.
Reducing mobilization of new mercury into the biosphere
1033.
Measures
to reduce production of raw materials and products that generate mercury
releases might include:
(a)
Reutilization of recovered or recycled mercury for essential use in
a strictly controlled manner as opposed to mining and smelting of virgin
mercury and careless use and discharge of mercury;
(b)
Limiting or preventing the content of mercury present as impurities
in fuels;
(c)
Reducing and, where feasible, phasing out the mining of virgin
mercury.
3.
Reducing consumption
1034.
Measures
to reduce consumption of raw materials and products that generate mercury
releases might include:
(a)
Limiting or eliminating content of mercury present as such or as
impurities in high volume materials, (for example, packaging);
(b)
Limiting or preventing products containing mercury from being
marketed nationally;
(c)
Limiting or preventing products (for example batteries,
pharmaceuticals, cosmetics etc) containing mercury from being exported and
imported;
(d)
Limiting or preventing the marketing of used or commodity-grade
mercury;
(e)
Establishing a “mercury bank” in order to keep account of the
use of virgin mercury, recovered or recycled mercury in a strictly
controlled system.
4.
Controlling and monitoring emissions and releases
1035.
Monitoring
strategies should be defined with particular attention to the technical
and economic capacities of countries.
Each country may take measures to control mercury emissions and
releases including through:
(a)
Limiting or preventing mercury from processes from being released
directly into the environment, air, water and soil through emission
control techniques (for example, industrial point sources, including the
chlor-alkali industry, oil and gas production, metallurgic industry etc.,
other sources such as municipal and medical waste incinerations, and
activities such as small-scale mining);
(b)
Limiting or preventing emissions of mercury from combustion of
fossil fuels and processing of mineral materials by emission control
technology, or by regulatory measures;
(c)
Limiting or preventing the release of mercury from processes into
the wastewater treatment system (in order to limit releases to the water
recipient and to permit use of sludge);
(d)
Controlling, confirming and improving the efficiency of measures
for limiting or preventing mercury emissions and releases through
end-of-pipe technology and to that end establishing emission standards and
suitable cost-effective environmental monitoring.
5.
Waste management
1036.
Measures
to reduce and/or eliminate mercury in wastes through mercury waste
management might include:
(a)
Limiting or preventing mercury in products and process waste from
being released directly into the environment, by efficient waste
collection;
(b)
Limiting or preventing mercury in products and process waste from
being mixed with less hazardous waste in the general waste stream, by
separate collection and treatment;
(c)
Limiting or preventing mercury releases into the environment
through treatment of household waste, hazardous waste and medical waste,
by emission control technology;
(d)
Limiting the mercury content in sewage sludge spread on
agricultural land and limiting the use of solid incineration residues
containing mercury in road-building, etc.;
(e)
Limiting or preventing remarketing of wastes containing mercury;
(f)
Retiring excess mercury through long-term waste management
(terminal storage);
(g)
Preventing mercury releases into the environment through the
management of obsolete and waste pesticides and chemicals containing
mercury;
(h)
Promoting legal commitments among producers of mercury containing
products to take responsibility for adequate waste treatment and final
disposal of their products;
(i)
Limiting or preventing the incineration of mercury containing
products, materials and waste.
B.
International cooperation
1037.
International
cooperation might be improved through:
(a)
Promoting increased participation in existing regional and
international conventions and agreements that deal with mercury and
mercury compounds;
(b)
Exchanging information regularly among international organizations,
including the member organizations of the Inter-Organization Programme for
the Sound Management of Chemicals, to ensure coordination of activities
relevant to mercury and avoid duplication of efforts and waste of
available resources;
(c)
Supporting long-term monitoring and modelling initiatives at
national, regional and international levels to ensure availability of
comparable data and precise information that can guide policies and
programmes aimed at reducing levels of mercury in the environment
throughout the world;
(d)
Exploring collaboration with regional and subregional centers, such
as those of the Basel Convention on the Control
of Transboundary Movements of Hazardous Wastes and their Disposal,
and supporting collaborative research programmes and initiatives to
improve understanding of mercury sources, impacts on human health and the
environment impacts on the fishing industry, fishing groups and people
dependant upon fish for their livelihood and cycling in the environment;
(e)
Supporting studies and clean-up programmes through international
funding or financing initiatives for developing countries and countries
with economies in transition;
(f)
Filling information needs to assist developing countries and
countries with economies in transition in targeting and prioritizing
national or regional actions and strategies to reduce mercury use and
releases (e.g. source and emissions inventory assistance), including
through possible use of the Rotterdam Convention;
(g)
Promoting surveys and information exchanges to identify
international uses of mercury and to enhance our understanding of flows
within and among countries from production through consumption and
end‑of‑life storage or disposal;
(h)
Establishing an international plan for the prevention of illegal
import of mercury and mercury compounds as a raw material and/or as a
hazardous waste.
C.
Risk communication
1038.
Risk
communication relevant to the adverse effects of mercury and mercury
compounds might be enhanced through:
(a)
Raising awareness among policy and decision makers with regard to
the adverse effects of mercury and mercury compounds;
(b)
Promoting public information, awareness and education on the health
and environmental effects of mercury and mercury compounds and the
alternatives available to reduce exposure and reduce or eliminate releases
and emissions of mercury especially to those vulnerable populations such
as indigenous people, women and children, workers and communities living
around industrial and mining activities etc.;
(c)
Promoting curricula development in schools and training programmes
of workers involved in mercury processing and handling;
(d)
Establishing a clearing-house for information relevant to mercury,
for example, information on risk management strategies, appropriate
alternatives and related costs, and ensuring easy access to this
information, especially for developing countries and countries with
economies in transition;
(e)
Establishing a network among Governments and other involved actors
to exchange information on ongoing initiatives and efforts at national,
regional and international levels to reduce or eliminate the adverse
effects of mercury;
(f)
Providing, for the general population, awareness of exposure risks
to mercury through effective fish consumption advisories and other
information dissemination methods. Enhancing,
for vulnerable populations such as indigenous people, pregnant women and
children, outreach and risk communication about mercury exposure;
(g)
Promoting the awareness of the risks associated with the
mobilization of mercury from geological sources and its accumulation in
the biosphere;
(h)
Promoting the awareness of the persistence of mercury and its
ability to be transported, transformed and accumulated in food-chains.
D. Additional measures to
support the reduction or elimination of uses, emissions, discharges and
losses and limit the adverse impacts on human populations and
the environment
1039.
In
addition to the measures listed in the previous section, which aim
directly at reducing emissions and releases of mercury, a broader range of
measures and management tools exist that supplement the regulatory
infrastructure and support implementation of agreed reduction strategies
and policies.
1.
National, regional and international action
1040.
The
development of national, regional and international action plans to
address the use and release of mercury might be promoted through:
(a)
Developing inventories of uses, releases and possible global
adverse impacts of mercury and mercury compounds as well as of existing
sites polluted by mercury and mercury compounds to serve as a baseline for
considering action on mercury globally, particularly in developing
countries and countries with economies in transition;
(b)
Developing and implementing an action plan setting out the policies
necessary within each sector to reduce uses and releases of mercury
through multi-disciplinary approaches and involving major stakeholders;
(c)
Developing monitoring programmes including standardized measures
linked to other international programmes through international networks,
including training programmes and the exchange of expertise between on the
one hand, developed and on the other, developing countries and countries
with economies in transition;
(d)
Promoting studies on socio-economic effects of different measures
related to varying national conditions;
(e)
Developing effective environmental policy tools based on integrated
methodologies to assist in the management of mercury polluted sites
resulting from anthropogenic activities;
(f)
Exploring collaboration with the Basel Convention to develop
guidelines for affordable waste management options for mercury wastes and
research into methods for definitive storage and encourage and promote
research into the search for viable alternative technologies and
substitutes.
(g)
Establishing a task force to coordinate
and implement mercury action to resolve some of the uncertainties
involving various issues.
2.
Chemicals management
1041.
The use of life-cycle assessment and chemicals management tools and
techniques for addressing uses and releases of mercury might be promoted
through:
(a)
Setting environmental quality standards for maximum acceptable
mercury concentrations in different media, such as air, water, soil and
foodstuffs, in order to limit exposure of human populations and the
environment (including occupational settings and vulnerable populations or
ecosystems at special risk);
(b)
Using Pollutant Release and Transfer Registers to track the
environmental performance of industrial facilities using mercury or
generating mercury waste and to stimulate voluntary initiatives by
companies to reduce their releases and transfers of mercury;
(c)
Using life-cycle assessment tools, facilitating the development and
implementation of codes of conduct for various industrial sectors and
producers, and promoting recognized environmental management systems, such
as ISO 14.001, EMAS (the European Eco-Management and Audit Scheme), etc.;
(d)
Developing best environmental practices or guidelines for best
available techniques for various industrial sectors;
(e)
Using economic incentives/disincentives to promote substitution of
products, methods of analysis and processes that contain or use mercury or
mercury compounds;
(f)
Developing a framework to manage the transboundary movement of
mercury, its compounds and products containing mercury and technology in
particular into developing countries and countries with economies in
transition. This may be achieved by adopting the process used by the
Montreal Protocol, or through other models such as the Rotterdam
Convention;
(g)
Setting standards for maximum acceptable mercury emissions into the
environment.
3.
Voluntary measures
1042.
Voluntary
commitments
and reduction programmes at national, regional and/or international levels
to limit the use and release of mercury include:
(a)
Promotion of voluntary commitments among producers of mercury
containing products to take responsibility for ensuring appropriate
handling and waste treatment of their products (for example, through
information and training of users, product take-back schemes, etc.);
(b)
Promotion of voluntary commitments among users of mercury
containing products (for example, hospitals) to reduce or eliminate use
and limit or avoid releases of mercury into the environment through
appropriate handling and waste treatment;
(c)
Promotion of voluntary reduction programmes within different
private sector industries or activities to reduce and/or eliminate their
uses and releases of mercury, thus stimulating the sector to identify and
implement appropriate and effective solutions.
4.
Technical and financial assistance
1043.
Measures
to provide technical and financial assistance to enhance the capacity of
Governments, especially developing countries and countries with economies
in transition, to monitor and assess emissions and releases of mercury and
implement appropriate control measures include:
(a)
Organizing training and capacity-building activities to support
Governments in developing action plans and implementing the policies and
strategies identified through the development of such plans;
(b)
Establishing a mechanism for addressing the needs for
capacity-building and technical and financial assistance of Governments,
especially of developing countries and countries with economies in
transition, taking into consideration the resources and assistance
available from bilateral and multilateral assistance and partnerships
through rigorous application of the principles and practice of needs
assessment.
11.4
Additional
aspects with respect to possible options for
addressing any significant
global impacts of
mercury
1044.
When
considering the possible options that might be applied to address the
adverse effects of mercury, the Working Group developed some additional
aspects that should be taken into consideration, such as efficacy of
national and regional measures versus international measures and binding
versus voluntary measures. Some
considerations relevant to these aspects are given below.
(UNEP, 2002)
A.
National and regional measures versus international measures
1045.
Chapter
9 of this assessment report documents a considerable range of measures
that have been implemented at the national and regional levels to deal
with mercury and mercury compounds. Through
such measures, a number of countries have achieved substantial reductions
in emissions and releases of mercury from products and industrial
processes. In addition, a
number of coordinated regional approaches, both binding and non-binding,
such as the Convention on Long-range Transboundary Air Pollution, the
Convention for the Protection of the Marine Environment of the North-East
Atlantic and the North American Regional Action Plan on Mercury, have
supported national measures and contributed to additional reductions
beyond national borders.
1046.
Despite
these successful national and regional initiatives, some countries
consider that they might not be sufficient to ensure adequate protection
of human health and the environment from the adverse effects of mercury,
and are calling for the consideration of coordinated initiatives at the
international level.
1047.
if
it is found that there are global problems related to mercury that should
be addressed, it might be essential to the effectiveness of any reduction
measures for the substantive commitments to be discussed and agreed at the
international level. Any
specific regional or national considerations may be addressed taking into
account common but differentiated responsibilities within the commitments
agreed to.
1048.
Should
countries within a region consider it necessary to set more stringent
requirements than those in an international instrument, provisions for
such regional agreements might be incorporated into an international
initiative.
B.
Non-binding versus binding measures
1049.
As
can be seen from chapter 9 of this assessment report, both voluntary
non-binding and binding measures have been implemented successfully to
address the negative effects of chemicals.
Both approaches represent positive steps towards obtaining
environmental aims and should be considered complementary rather than
mutually exclusive.
1.
Non-binding measures
1050.
Examples
of some non-binding measures specifically relevant to mercury are
described in chapter 9 of this assessment report.
Other measures relevant to chemicals management that have been
successfully implemented at national, regional and international levels
include:
(a)
Codes of conduct, such as the UNEP Code of Ethics on the
International Trade in Chemicals (1994) and the Food and Agriculture
Organization of the United Nations (FAO) International Code of Conduct on
the Distribution and Use of Pesticides (amended 1989);
(b)
Voluntary reduction programmes with set reduction goals, for
example, the United States of America Chlorine Institute’s measures to
reduce mercury use within United States mercury cell chlor-alkali
facilities, the Euro Chlor voluntary commitments to OSPAR and the Great
Lakes Binational Toxics Strategy;
(c)
Ministerial/high-level declarations setting reduction goals, such
as the North Sea Ministerial Declarations of the North Sea Conferences and
the Nordic Environmental Action Programme of the Nordic Council of
Ministers;
(d)
Action programmes setting out detailed recommendations for
responsible mercury management and control, such as the Global Programme
of Action for the Protection of the Marine Environment from
Land-based Activities and the
North American Regional Action Plan on Mercury.
1051.
There
might be some advantages to such non-binding measures.
Binding instruments are often negotiated over a number of years,
while non-binding instruments often may be adopted within a shorter time
period. Because of their more
flexible character, non-binding instruments can often be more ambitious in
the goals they set. A
non-binding instrument can incorporate measures to promote reporting,
access to information, capacity-building and technical assistance.
Although implementation is voluntary, States feel obliged to
respect as far as possible the political commitments they have made.
Non-binding instruments do not require a subsequent ratification or
acceptance procedure and might contribute to a rapid implementation of
commitments. Finally,
participation in implementation might often be broader than for binding
instruments that require ratification.
1052.
As
mentioned before, binding and non-binding measures are complementary
rather than mutually exclusive. Non-binding
commitments might also be used to ensure rapid implementation of
environmental goals in expectation of the development and entry into force
of binding measures. An
example is the voluntary prior informed consent procedure of the UNEP
London Guidelines for the Exchange of Information on Chemicals in
International Trade (amended 1989) and the FAO Code of Conduct on the
Distribution and Use of Pesticides (amended 1989), which was implemented
on a voluntary basis from 1989 until the Rotterdam Convention on the Prior
Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides
in International Trade was adopted in 1998.
This voluntary implementation is being continued during the interim
period before the Convention enters into force, through the implementation
of an interim prior informed consent procedure, based on the provisions of
the Rotterdam Convention.
2.
Binding instruments
1053.
A
binding instrument establishes firm legal commitments for those countries
that ratify it and contains mechanisms to support implementation in
accordance with the instrument's requirements.
A binding instrument also requires the establishment of the
administrative and technical procedures and structures required at
national level.
1054.
A
binding instrument will often also have some benefits incorporated into
it, such as the promotion of capacity-building and technical assistance as
well as access to information and advice on substitutes and appropriate
technology that might promote broad participation.
Furthermore, a binding instrument can include elements, which are
more or less voluntary such as recommended measures and commitments to
long‑term goals.
1055.
When
considering the advantages
of a binding instrument, two options might be envisaged: developing a new
instrument, or using an existing international instrument to address the
adverse effects of mercury and mercury compounds. Some considerations relevant to these two options are given
below.
(a)
Option 1: Developing a new, binding instrument to address mercury
1056.
Negotiating
a separate, new international instrument on mercury might allow for the
detailed regulation of all aspects Governments would find necessary to
address, but would also require the establishment of the necessary
infrastructure at the national and international levels to implement the
provisions of the instrument. Negotiating
an international, legally
binding instrument often requires a number of years and substantial
funding before the instrument can be adopted.
Of the two most recently adopted international instruments
regulating chemicals, the Rotterdam Convention took 30 months to negotiate
and adopt (March 1996 to September 1998), while the Stockholm Convention
on Persistent Organic Pollutants took 35 months (June 1998 to May 2001).
Both conventions require 50 ratifications to enter into force, and
neither has yet done so. In its deliberations, the Governing Council may
also wish to give special priority to actions which the Working Group
considers should be taken immediately and which appear in annex I, part C
to the present report.
(b)
Option 2: Using an existing international binding instrument to address
mercury
1057.
Using
an existing international instrument to address the adverse effects of
mercury might present two possibilities: incorporating mercury and mercury
compounds, in accordance with existing provisions, into an existing
instrument, or developing a protocol covering mercury and mercury
compounds under an existing instrument.
1058.
Relevant
conventions, such as the Rotterdam Convention and the Basel Convention,
aim at regulating transboundary trade in unwanted chemicals and hazardous
wastes. The most recent
international convention adopted and aimed at reducing releases from
anthropogenic sources and minimizing or ultimately eliminating the use and
production of certain chemicals is the Stockholm Convention.
In addition, there are a number of binding instruments limited to a
specific geographic area that address mercury, such as the Convention on
Long-range Transboundary Air Pollution, the Convention for the Protection
of the Marine Environment of the North East Atlantic and the Convention
for the Protection of the Marine Environment of the Baltic Sea.
Descriptions of all the above-mentioned instruments can be found in
chapter 9 of this report.
1059.
If
considering this option, thought should be given as to whether the overall
objectives of the specific existing convention and the control measures
stipulated therein are appropriate to address the concrete issues
identified with regard to mercury.
11.5
Proposals for immediate action to be considered by the UNEP
Governing Council
1060.
The Working Group also identified some special priority actions
that it suggested the Governing Council might want to consider
implementing immediately. These
are described below. (UNEP, 2002)
1061.
The
Governing Council should consider inviting multilateral financing
agencies, Governments and
other partners to mobilize technical and financial resources to support
national and regional efforts and capacity-building in areas such as the
following:
(a) Begin
the process to establish national implementation plans to examine:
(i)
Public awareness of the adverse effects of mercury and its
compounds on health and the environment through training and workshops;
(ii)
An inventory of uses and release of mercury and mercury compounds
as well as existing polluted sites to serve as baseline information;
(iii)
Establishment, where necessary, of legislation and regulations for
enforcement;
(iv)
Regional information exchange;
(b) Build
capacity through;
(i)
Training and workshops for a wide range of topics, including
pollution prevention actions or key mercury use sectors (e.g., chlor-alkali
facilities);
(ii)
Technical assistance in the development of facilities for analysis
and monitoring;
(iii)
Provision of facilities for proper disposal of waste containing
mercury including obsolete pesticides containing mercury;
(c) Promote
awareness of alternative livelihood options and promote transfer of
appropriate technology for the small-scale artisanal mining sector;
(d) Initiate
one or more pilot projects in developing countries and countries with
economies in transition to look at issues (a) to (c) mentioned above;
(e) Support
research in order to better understand routes and nature of exposure and
mercury cycling (transport and transformations, in particular the
formation of methylmercury) in various environmental conditions in
particular tropical and dry regions, for which limited information is
available in developing countries and countries with economies in
transition, and promote research on mercury (differentiation of natural
and anthropogenic mercury in the air, in water and in soil, and in Arctic
regions) in developed countries;
(f) Support
research on the development of standardized analytical procedures and
methods to support meaningful and cost-effective monitoring and modeling
programmes (trends, health-related, hot spot monitoring and biomonitoring)
as an essential component of mercury control measures;
(g) Assist
countries in building broad based public awareness through incorporation
of the subject “environmental education” in school curriculum;
(h) Establish
a data bank regarding uses, sources, chemistry, import, export, health
hazards, and research conducted in various areas of the world of mercury
and its compounds. This data
bank should be accessible to everyone;
(i) Undertake
immediate research into best available environmentally friendly
alternatives;
(j) Develop
strategies for enhanced outreach and risk communication to reach sensitive
populations (example pregnant women);
(k) Promote
information exchange and collaboration, including scientific and technical
information exchange on various topics such as long-range transport,
monitoring and modelling, health and ecological risks, source
characterization, source control technology, alternatives, pollution
prevention techniques, nutrition and genetic factors among Governments in
partnership with other public and private organizations;
1062.
In
so doing established
organizations and existing international frameworks and infrastructure
should be relied upon to the extent possible. |