FLUORIDE ACTION NETWORK PESTICIDE PROJECT

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Fluoroacetamide:
subject to International Right-to-Know /
Prior Informed Consent before it can be exported.

http://www.epa.gov/oppfead1/international/pic.htm

The Prior Informed Consent (PIC) Procedure:
International "Right-to-Know"

Background

Global trade in industrial chemicals and pesticides has grown dramatically in recent decades as more countries seek to benefit from the use of these substances for industrial and agricultural purposes. However, as more industrial chemicals and pesticides enter into the world market each year, many countries, especially developing countries, find it increasingly difficult to determine which of these substances are safe to use under the specific environmental, regulatory and cultural conditions at home.

Particular attention has been given to the export of industrial chemicals and pesticides that have been banned or severely restricted (i.e., banned for virtually all use) in developed countries. Because these chemicals and pesticides have been shown to pose severe hazards under at least certain conditions, the international community has placed a high priority on reducing potential risks posed by continued international trade. In some countries, particularly in the developing world, where sophisticated controls are not available, use of hazardous chemicals and pesticides has led to serious impacts on human health and the environment.

What is PIC?

In response to this situation, countries have been working for a number of years to develop a "right-to-know" system to ensure that countries importing particularly dangerous chemicals and pesticides fully understand the risks posed by the use of these substances, and can consider possible alternatives to their use. During the 1980's, two United Nations organizations, the Environment Programme (UNEP) and the Food and Agriculture Organization (FAO), developed internationally accepted guidelines regarding the voluntary exchange of information on banned or severely restricted industrial chemicals and pesticides, which eventually evolved into the Prior Informed Consent (PIC) Procedure. U.S. industry has voluntarily complied with the program, and EPA provides both export notification and world-wide notices of control actions regarding U.S.-manufactured pesticides and regulated toxic chemicals.

EPA has been principally responsible for implementing this voluntary United Nations program in the United States. The international community has just taken the voluntary PIC procedure a step further, and transformed it into what is expected to become a legally binding instrument.

How does it work?

Under the voluntary PIC procedure, countries notify the Joint UNEP/FAO Secretariat of domestic control actions to ban or severely restrict chemicals and pesticides. UNEP/FAO then notifies participating importing countries, which indicate whether, or under what conditions, they would or would not like to receive future shipments of the chemicals concerned. UNEP/FAO compiles these import decisions and communicates them to exporting countries, which are then responsible for taking appropriate steps to prohibit the export of chemicals contrary to PIC import decisions.

While some severely hazardous pesticide formulations can be used safely in countries where sophisticated application technologies, such as protective clothing and closed cab application, can mitigate their risk, some of these pesticide products have been shown to cause problems under conditions of use (PCU) in developing countries. For example, the sophisticated protective equipment is not available or suitable for their climates. Developing countries experiencing problems with such formulations can nominate them for inclusion in the PIC procedure. It is important to note that, no matter what the original impetus for nominating a chemical to the international PIC list, once it is on the list, the obligations and responsibilities of the exporting and importing countries are the same.

Under the new, legally-binding PIC convention negotiated in March 1998, the general functioning of the current voluntary procedure will remain unchanged, but additional clarity and precision have been built into the evaluation process. In addition to refinements to the voluntary PIC procedure, countries agreed to require export notifications for substances banned or severely restricted domestically (prior to their inclusion in the PIC procedure), as well as classification, labeling and safety data sheets for exported substances included in PIC and exported substances banned or severely restricted domestically. In these ways, PIC helps ensure that countries can make informed decisions about importing the highest-risk chemicals.

Should trade of all PIC list chemicals be globally banned?

The PIC designation does not mean a chemical or pesticide should be globally banned or severely restricted automatically, nor does it mean that an individual country should automatically prohibit its import. It does mean that substances on the PIC list are subject to extensive information exchange, priority attention for national decisions about imports, and obligations related to export controls.

Where can I learn more about PIC?

For information about EPA's role in the PIC procedure, contact the EPA Office of Pesticide Programs, Government & International Services Branch, 401 M Street, SW, 7506C, Washington, DC 20460, Tel: (703) 305-7101, Fax: (703) 305-6244, or on the EPA web site at http://www.epa.gov.

The UNEP and FAO web sites provide information on the PIC programs and procedures:

UNEP: irptc.unep.ch/pic/volpic/h3.html

FAO: http://www.fao.org/waicent/FaoInfo/Agricult/AGP/AGPP/Pesticid/PIC/pichome.htm

The PIC List

The list of chemicals subject to the Joint FAO/UNEP Programme on Prior Informed Consent (PIC) includes 5 industrial chemicals, 17 pesticides (active ingredients), and 5 pesticide formulations which have been shown to cause problems under conditions of use in developing countries (PCUs). Additions to the list must meet the criteria agreed to in the negotiations and be accompanied by the necessary supporting documentation.

CHEMICALS SUBJECT TO THE PRIOR INFORMED CONSENT PROCEDURE