by Dr. Bo Wahlström

Chapter III, article 17, in the Esbjerg Declaration, adopted by ministers of environment at the 4th international Conference on the Protection of the North Sea states:

"The Ministers AGREE that the objective is to ensure a sustainable, sound and healthy North Sea ecosystem. The guiding principle for achieving this objective is the precautionary principle.

This implies the prevention of the pollution of the North Sea by continuosly reducing discharges, emissions and losses of hazardous substances, thereby moving towards the target of their cessation within one generation (25 years) with the ultimate aim of concentrations in the environment near background values for naturally occurring substances and close to zero concentrations for man-made synthetic substances."

Article 22 states that:

The Ministers CONFIRM the goal set in the Final Declaration of the 1992 OSPAR Meeting at Ministerial level, i.e of reducing by the year 2000, discharges and emissions of substances which are toxic, persistent and liable to bioaccumulate (especially organohalogen substances) and which could reach the environment, to levels that are not harmful to man or nature with the aim of their elimination."

In Annex 2 hazardous substances is defined as substances, or groups of substances that are toxic, persistent and liable to bioaccumulate. In this definition toxicity should be taken to include chronic effects such as carcinogenicity, mutagenicity and teratogenicity and adverse effects on the functions of the endocrine system.

The Annex also specfically mentions two groups of chemicals that may be regarded as POP's, namely highly chlorinated, short chained paraffins and brominated flame retardants.

Both HELCOM and OSPAR have adopted the targets in the Esbjerg Declaration, and are thereby committed to implement the targets in their policy.

The Oslo-Paris konvention for the protection of the North Eastern Atlantic against pollution has decided on an action plan for the near future, which in all essence is similar to the Esbjerg Declaration with regard to targets, to reduce by the year 2000 the emissions of toxic, persistent and bioaccumulating substances to levels that are not harmful. The OSPAR will particularly focus on organohalogen compounds with these properties , which in principle shall be totally eliminated. OSPAR will also further develop criteria for toxicity, persistence and bioaccumulation. The Working Group for Diffuse Sources, i.e. chemicals and products, will prioritise a number of substances and product groups, e.g. brominated flame retardants, chlorinated paraffins and plastics additives.

Also the Arctic Environment Programme Strategy , as well as the Barcelona Convention have adopted similar targets.

Sweden has a long tradition of an active and ambitious chemicals policy. The Chemical Products Act was introduced in 1985 as a result of proposals made by an earlier Chemicals Commission. The Chemicals Commission also proposed a new agency, The National Chemicals Inspectorate (KemI). The work of KemI over the past decade has been very successful. We know more about chemicals, and we have taken action against some of the most dangerous ones.

Sweden also has had a strong policy on persistent organic pollutants, especially the twelve now being discussed in connection with the UNEP Governing Council Decision 18/32. Aldrin and dieldrin were banned in 1969, as well as all uses of DDT, except for use in forestry, which was banned 1975. Hexachlorobenzene was voluntarily withdrawn from the market in the 70s. Some of the other pesticide POPs have never been used in Sweden, e.g toxaphene, but they may still be found in considerable concentrations in living organisms in Sweden.

Also PCB was regulated early in the 70s, although it took until 1994 before a complete ban on all parts of the lifecycle was in effect. For PCDD/F's Sweden has had rigorous regulations on emissions since the early 80s.

The Chemicals Policy Committee was established by directive from the Swedish Government May 9, 1996. It was commissioned to review Swedish chemicals policies for the last ten years and to propose a chemicals policy for the future.

The basis for the Committee's discussions has been the Esbjerg Declaration and the environmental goals formulated by the Swedish Parliament.

Some principally important issues that the Committee considered were e.g. regulatory versus non-regulatory measures, an increased application of a precautionary approach, the national versus the international perspective, market driven environmental work and new ways of working for regulatory agencies.

The Chemicals Policy Committee proposed the following targets for the chemicals policy:

By the year 2007 all products, including chemicals, on the market should be free from substances that are persistent and liable to bioaccumulate and substances that give rise to serious or irreversible effects on health or the environment,

and,

By the year 2012 the production processes should have developed to the extent that they are free from the deliberate use of persistent and bioaccumulating substances and the releases are free from substances that cause serious or irreversible effects on health or the environment.

The proposed targets should be seen as steps towards the full implementation of the Esbjerg Declaration. It is important that the political leadership can establish visions of the future society. The targets are directed towards all stakeholders in society. To make them act in the desired direction the targets must be clear and action directed. At the same time they must be positive and challenging. They must also be interpreted with common sense.

The targets of the Chemicals Policy Committee are primarily directed towards Swedish companies. They are also intended as a proposal for how the European Union shall reach the overriding targets of the Esbjerg Declaration.

The targets are forward-looking and intended to generate driving forces for changes in the choice of chemicals and products and in requirements for products. Purchasers should use them as requirements when they purchase products from their suppliers. Consumers should use them to formulate environmentally sound requirements and to choose between products. The targets should guide the regulatory agencies in their national and international work.

The targets of the Committee are ambitious and a long time frame is chosen for the change. The Committee judges that ten to fifteen years is a reasonable lead time for targets related to restrictions or phase outs. Targets with a longer time frame will not create the necessary driving force, while targets with the same content but a shorter time frame might be viewed as unrealistic, even for companies with a high environmental ambition.

The targets shall be reached through

- Co-operation between government, industry and consumers

- increased information as a basis for market driven environmental work

- new directions for industry's product development

- regulations within the European Union, complemented with, if necessary, national laws.

The targets of the Committee are related to the targets in the Esbjerg Declaration. They are both more and less far reaching than the Esbjerg Declaration. More far reaching because we consider that only two of the three criteria in the Esbjerg Declaration need to be fulfilled to start the process of phasing out a substance, and because we do not limit ourselves to releases but also take into account the use of the chemical. Less far reaching because we see our targets as focusing on the use of chemicals and not on what has already been released or lost to the environment. It is therefore one of the steps towards the fulfilment of the final goal of the Esbjerg Declaration.

Substances that are persistent, i.e. do not easily degrade, have a potential for widespread exposure through winds and streams and through trade in chemicals and products. When problems are identified exposure cannot be easily reduced by discontinuing production. Problems caused by persistent chemicals are therefore also longlasting.

Many fat-soluble organic substances show extreme accumulation in organisms and concentrate more than several orders of magnitude. They may also biomagnify, i.e. concentrations increase for each step in the food chain, from algae to small crustaceans through fish to seals, eagles or man. Sooner or later they reach concentrations where adverse effects occur. When such chemicals are released to the environment they will redistribute themselves to end up in organisms at the top of the food chain, e.g. man. Discontinuation of their production and use will not alleviate the situation for a long time for those already exposed.

Experience tells us that new unexpected forms of toxicity may be uncovered in the future. For substances that are persistent and liable to bioaccumulate that knowledge will come too late. To act only when the knowledge becomes available is not prevention. The Committee therefore concluded that known or suspected toxicity is not a necessary criterion for measures against organic man-made substances that are persistent and liable to bioccumulate. Such substances should in the future not be used at all.

There are no readily available test methods to determine persistence. Based on existing methods the Chemicals Policy Committee considers as persistent, substances that are not degraded (more than 20%) in internationally standardised and accepted tests for Ready Biodegradability, or in internationally standardised and accepted tests for Inherent Biodegradability.

The term liable to bioaccumulate has been used scientifically to describe substances with a bioconcentration factor (BCF) of 100 or more, or a partition coefficent between n-octanol and water (Kow) of 1,000 or more (logKow>3). The Chemicals Policy Committee considers that, as a first step, substances with a BCF>10,000 or a

Kow>100,000 (logKow>5) shall be phased out.

In Sweden, the precautionary principle is an approach to chemicals which implies that anyone handling chemicals must in advance take such precautions as are needed to prevent damage to man and the environment, instead of taking measures when damage has occurred. This principle is also expressed in the Chemical Products Act, and in the proposed Environmental Code.

The diffuse use of chemicals in products and materials means that whole populations and the entire environment is exposed to many substances at low levels. Many research methods are presently not suited to this situation. The Committee's opinion is that measures against chemicals must in the future to a higher degree be based on suspected rather than proven effects.

It is not generally accepted that the use of e.g. a functional chemical should be stopped because of a suspected but not proven adverse effect. The Committee means that the precautionary principle should be invoked by political bodies, by companies and by the general public as a basis for decisions. The degree of scientific proof should determine the time period for a reduction or phase out but not the direction of change. The Committee concludes that the precautionary principle must be more widely applied, nationally, within the European Union and internationally.

Substitution is a basic principle in Swedish chemicals legislation. It is also a tool that is used daily by purchasers and customers in their relations with manufacturers and suppliers. It includes a lot more than just substituting one chemical by another. When properly applied it involves all parts of the lifecycle of a product, and possible ways and means, including other techniques altogether, to achieve the same final objective. In many cases the application of the substitution principle may result in no chemical being used, or a completely different method being used. As an example, if the ultimate target is to keep a metal surface clean, substituting one organic solvent by another is only one way to reach the target. In the agricultural field the concept of Integrated Pest Management (IPM) often leads to substitution, not only of chemicals, but also of techniques and equipment.

At the national level the chemicals policy shall be implemented through the agencies strengthening and supporting the market driven environmental work. Measures to be used include active and clear traditional agency work, e.g enforcement, dissipation of knowledge and information to all stakeholders and economic instruments.

Sweden will also continue to be an active driving force in the global work on chemicals. The National Chemicals Inspectorate and the Swedish International Development Agency will be commissioned to prepare a plan for the integration of global chemicals issues and development aid.

Within the European Union Sweden will be working to develop the Community chemicals policy. The basis for this work shall be first and foremost be the targets of the Esbjerg Declaration and in the longer term the targets of the Chemicals Policy Committee. The Committee's targets should be seen as a proposal on how the member states of the European Union may implement the Esbjerg Declaration.

The Chemicals Policy Committee proposes that Sweden should work long-term for the EU to prepare legislation for a controlled phase out of the marketing and use of persistent and bioaccumulating organic man-made substances. Work to raise support for this aim among the member states and the EU institutions will be launched. A chemicals strategy should be developed within the EU in the same way as the acidification strategy. It could contain several elements e.g. the chemicals policy be evaluated and a plan for the implementation of the Esbjerg

Declaration be established. The following measures could be taken:

• The requirements in the IPPC, SI and Water Directive should be sharpened.

• Routines to identify "Esbjerg substances" should be included in the programmes for New and Existing Chemicals

• Criteria for persistent, bioaccumulating and toxic substances should be developed.

• The Directive on Restrictions on Marketing and Use should be strengthened successively until all "Esbjerg substances" are included.

• There should be increased environmental considerations and more generic criteria when introducing restrictions.

• The targets of the Esbjerg Declaration should guide the global chemicals work.

Sweden should also pursue the issue of an immediate ban within the EU of those persistent organic pollutants currently being negotiated under UNEP that have not yet been completely banned within the Union. There is no need for further assessment within the Existing Chemicals Programme. Also the remaining six persistent substances being negotiated within the UNECE convention on Long Range Transboundary Air Pollution should be banned within the EU.

At the international level Sweden will be working primarily through the Intergovernmental Forum on Chemical Safety. Sweden can also pursue issues by offering to host meetings at high level. Sweden shall actively advocate the targets of the Chemicals Policy Committee internationally, in order to achieve a broader consensus on them.

The Chemicals Committee proposes that Sweden shall work for the targets of the Esbjerg Declaration of the 4th International Conference on the Protection of the North Sea to guide the global chemicals work. Sweden will also work in different international organisations for the concept that the global use of chemicals should be compatible with sustainable development. Sweden will put priority on international work which aims at restrictions on releases and use of persistent, bioaccumulating substances. The Esbjerg Declaration should in the longterm include all substances that are persistent and liable to bioaccumulate.

Sweden will actively pursue the work on a global convention for persistent organic pollutants, and inends to support the work with national expertise. We are also interested in having the proposed convention include criteria for identifying further substances.

An important part of any international chemicals policy is the linkage to development assistance. The Committee has proposed that the Swedish International Development Assistance Agency be commissioned to present a report, together with the National Chemicals Inspectorate and the Swedish Envirnmental Protection Agency, on how the environmental development assistance may be adjusted to a global plan of action to implement the Esbjerg Declaration. The report should take into consideration how the development assistance may support the implementation of a future global convention on persistent organic pollutants.

The Chemicals Policy Committee proposes a new way of working for the Swedish regulatory agencies. This is based on the following considerations:

• Co-operation between government and industry will contribute to a high level of ambition.

• Consumers and purchasers are important in chemicals work, since by their requirements on products from manufacturers and suppliers they may change the market output.

• Employees may play a bigger role, expanding the occupational health and safety work to include also concern for the environment .

• Soft measures e.g. knowledge and information are important, as they may raise awareness of the environmental impact of particularly small and medium size enterprises.

• Economic measures should be used more, particularly to facilitate the introduction phase of new, environmentally adapted products.

• Government support and guidance to small and medium sized enterprises is necessary.

Sweden will continue to be a strong supporter of international initiatives to reduce or eliminate the emissions, releases and losses of POP's to the environment. We will work actively in the Baltic region through HELCOM and through other entities such as the Baltic 21 initiative. We will increasingly work to link development cooperation and assistance policies to our national, regional and international policies. We consider it important to find new ways of working, which will involve all stakeholders to a much larger degree.