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
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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
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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
Pollution prevention;
Precaution, Environmental
management; Focus on risks;
Sources, patterns, reasons
• System issues, flows, functions and
• Separation of issues; Focus on single •
•
•
substances for risk reduction
Backtracking symptoms
Reactive behaviour of actors
•
•
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)
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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
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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
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Responsibilities
Chemicals control builds on:
Industry responsibilities and undertakings
Government / authorities regulation, supervision,
inspection and possible help-desk functions
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Chemicals control with
the supply and
circulation in society
Obligations on
chemicals
manufacturers
and importers
Transport of dangerous goods
Obligations on the transporter
Major chemical
accidents
Obligations on
the operator of
the installation
Chemical agents at the work place
Obligations on the employer
Hazardous waste
Obligations on the
waste producer
Spread of knowledge on
hazards and precautions
Control of particularly
hazardous substances
Emissions
Obligations
on the
polluter
Legislation places obligations for risk management on industry in separate capacities,
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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
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The key role of
substance classification
Hazard
statements,
precautionary
statements
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
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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
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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?
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Example of area
of legislation
Scope of chemicals
safety
Scope of
obligations
Responsible
ministry (-ies)
Chemicals control
No adverse effects from
chemicals placed on the
market
The
manufacturer,
the importer
Environment,
Health, Trade
Environment
Pollution prevention and
control; Waste disposal
The polluter
Environment
Protection of
workers
Dangerous chemical
agents
The employer
Labour; Health;
Social Affaires
Transport of
dangerous goods
Classified goods
The
transporter
Transport;
Interior
Major accidents
prevention and
control
Sites of hazardous
installations
(Seveso-establishments)
The operator
Defence; Physical
planning; Interior
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Legislation on chemicals safety apply equally in all sectors of society
Sector:
Legislation:
Agriculture
Forestry
Industry
Mining / ETC
Chemicals
placed on the
market
Transport of
dangerous
goods
Chemical
agents at work
Chemical
emissions to
Environment
Waste
management
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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
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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
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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
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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
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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
Enabling Governments to target high concern risks
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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
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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
Predictions of the impact of REACH indicate benefits that are
twentyfold the costs to implement and maintain that legislation
1)
1) Ref EU 2004 REACH, The Impact of REACH, Overview of 36 studies, ECORYS &
Opdenkamp Adviesgroep, Hague 2004
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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
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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
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Make use of UNEP deliveries and international
achievements
OECD eChemPortal
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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)
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