The Minamata Convention on Mercury

Franz Xaver Perrez;

19.09.2016

Overview

1. Context of International Chemicals and Waste Regulation

2. Developing the Minamata Convention

3. The Minamata Convention

4. Wrap-up

https://www.youtube.com/watch?v=B1FnF5zUPEE

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1. Context

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Chemicals & Waste: Context

• Environmental interests

• Social interests

• Poverty link

• Health interests

• Standard of life interest

• Economic interests

Perrez: International Environmental Law – 6.3 Chemicals&Waste (18.12.2014)

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General International Framework: Principles

Stockholm

• Principles 1, 6, 7, 21 … (protect environment, toxic substances, seas, PSNR)

Rio

• Principles 2, 7, 14, 15, 16, 17, 19, (PSNR, CBDR, transfer dangerous substances, Precaution, Polluter Pays, Envt’l Impact Assessments, Information exchange)

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General International Framework

Regional Instruments • UN-ECE Convention on Long-Range Transboundary Air Pollution (1979)

and its POPs and Heavy-Metals protocols (1998) • Bamako Convention (1991) prohibiting all imports of hazardous wastes

into Africa

Global Instruments • Sea: London Dumping Convention (1972) and MARPOL (1973) • Vienna Convention (1985) and Montreal Protocol (1987) • Basel Convention (1989) • Rotterdam Convention (1998) • Stockholm Convention (2001) • Strategic Approach to International Chemicals Management (2006) • Minamata Convention on mercury (2013)

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General International Framework: Key Concepts .

• Hazard versus risk based policies (=> effective harm depends of combination of hazard & risk & exposure)

• Substitution

• Integrated Chemicals Management, Life-Cycle Approach, Chemicals Leasing

• Synergies

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2. Developing the Minamata Convention

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Minamata Disease

1932: begin of releases of methylmercury from a chemical factory in Minamata in the wastewater.

Mercury bioaccumulatged in shellfish and when eaten by the local populace resulted in mercury poisoning.

In 1956, the “Minamata Disease” was first discovered in 1956. While cat, dog, pig, and human deaths continued for 36 years, the government and company did little to prevent the pollution.

The emissions continued until 1968.

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Minamata: compensation

As of March 2001, 2,265 victims had been officially recognised (1,784 of whom had died) and over 10,000 had received financial compensation from Chisso.

By 2004, Chisso Corporation had paid $86 million in compensation, and in the same year was ordered to clean up its contamination.

On March 29, 2010, a settlement was reached to compensate as-yet uncertified victims.

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Why a global instrument on mercury?

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Why internat. Regulation?

De-centralized approach: • geographical variations • different preferences • different capacities • experimentation with

different policies • competition • political participation • self-determination,

ownership and responsibility • may be faster • no consensus => higher

standards

centralized approach: • externalities / spillovers • race to the bottom • tragedy of the commons • economies of scale • facilitation of trade, fair

competition • effective representation of

interests • pooling of competence / more

effective “bureaucracy” • costs are less visible, sacrifices

more palatable

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A Global Instrument on Mercury?

• gobal issue? – externalities (physic, social, psychic)

– economies of scale

– fair competition

• voluntary or legally binding approaches?

• Standalone or integrated? – amend existing convention

– protocol to existing convention

– stand alone convention

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Mercury – a global issue

Global transportaion of mercury through

- air,

- water,

- food,

- products,

- wastes

Main global air emissions:

- artisanal and small-scale gold mining,

- coal combustion.

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Minamata Convention (Hg)

• 2003: Presentation of Global Mercury Assessment to UNEP GC. => Switzerland and Norway call for a legally binding instrument on mercury.

• 2007: UNEP GC establishes Ad Hoc Working group to assess legally binding and voluntary measures. => Switzerland establishes “like minded group”.

• 2009: UNEP GC adopts mandate to initiate negotiations for an international legally binding instrument on mercury.

• 2013: Conclusions of negotiations, signature in September in Minamata.

• probably 2017: COP 1 in Geneva.

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3. The Minamata Convention

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Minamata Convention (Hg)

• Objective: “protect the human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds.” [Art. 1]

• Measure: – limit / reduce mercury supply,

– restrict mercury trade,

– ban / phase out mercury-added products and processes which use mercury

– reduce mercury in artisanal and small-scale gold mining

– BAT/BEP for emissions and releases

– ensure environmentally sound storage of waste

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Minamata Convention (Hg)

• Name

• Preamble and Principles:

– global concern,

– future generations,

– Importance of support

– Trade and environment

– Rio Principles, including CBDR

• Differentiation

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CBDR

• Minamata, PP 4: “Recalling the United Nations Conference on Sustainable Development’s reaffirmation of the principles of the Rio Declaration on Environment and Development, including, inter alia, common but differentiated responsibilities, and acknowledging States’ respective circumstances and capabilities and the need for global action ”

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Minamata Convention (Hg)

Supply [hierarchy of sources]:

• Ban of new mercury mines. [Art. 3.3]

• Phase out of existing mercury mines within 15 years after entry into force. [Art. 3.4]

• Final disposal of excess mercury from decommissioned chlor-alkali facilities. [Art. 3.5]

Minamata Convention (Hg)

Trade

• Export only permitted based on

– PIC

– Allowed uses & environmentally sound storage

[Art. 3.6]

• Import from non-parties only permitted if not from banned source (new mine, chlor alkali) [Art. 3.8]

• Special povision for US [Art. 3.9 and 3.10]

Minamata Convention (Hg)

Products and processes

• Phase out of mercury-added products [Art. 4, Annex A]

• Phase out of manufacturing processes in which mercury is used [Art. 5, Annex B]

• Exemptions possible for 5+5 years [Art. 6]

Minamata Convention (Hg)

Artisanal and small-scale gold mining

• National action plan to reduce, and where feasible eliminate, the use of mercury in ASGM

[Art. 7]

Minamata Convention (Hg)

Emissions and Releases

• National plans [Art. 8.4, 9.4]

• BAT/BEP for new sources [Art. 8.4]

• Specific measures for existion sources [Art. 8.5]

• COP shall adopt guidance on BAT/BEP [Art. 8.8]

Minamata Convention (Hg)

Environmentally sound storage

• Measures to ensure environmentally sound interim storage and waste treatment, guidelines developed by COP, taking into account Basel [Art. 10.3; Art. 11.3]

Minamata Convention (Hg)

Support: all Parties, according to their capacities, provide

• resources to implement this Convention, in accordance with its national policies, priorities [Art. 13.1]

• contribute to financial mechanism (GEF and specific international programme) [Art. 13.12]

• cooperate to provide capacity-building, technical assistance, technology transfer [Art. 14.1]

Minamata Convention (Hg)

Art. 13.2 Minamata: • «The overall effectiveness of implementation of this

Convention by developing country Parties will be related to the effective implementation of this Article.»

Art. 4.7 UNFCCC: • «The extent to which developing country Parties will

effectively implement their commitments under the Convention will depend on the effective implementation by developed country Parties of their commitments under the Convention related to financial resources and transfer of technology and will take fully into account that economic and social development and poverty eradication are the first and overriding priorities of the developing country Parties.»

Minamata Convention (Hg)

Compliance:

• Implementation and compliance committee (individual and systemic issues of compliance; trigger: self-trigger, secretariat, COP) [Art. 15]

Minamata Convention (Hg) Standard provision: Information exchange [Art. 17] public information, awareness and education [Art. 18] Research, development and monitoring [Art. 19] Implementation plans [Art. 20] Reporting [Art. 21] Effectiveness Evaluation [Art. 22] COP [Art. 23] Secretariat[Art. 24] Final clauses (settlement of disputes, amendments, annexes, entry into force ...

4. Wrap up

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Wrap up • Science is a driving force for international regulation;

• There seems to be only a limited set of accepted reasons for international regulation;

• Compromises were needed, still Minamata Convention is convention with model character: – Comprehensiveness – Differentiation – Support

Thank you!

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