Prior informed consent for hazardous chemicals trade – implementation in EC law

Article abstract:

The issue of trade in hazardous chemicals has long been contentious on the international agenda. Gradually the notion of prior informed consent has developed as a means to strengthen the regulatory abilities of importing countries, taking its legally binding form in the 1998 Rotterdam Convention. It is now being implemented by the EC, itself a party to the Convention, through Regulation (EC) No 304/2003 concerning the export and import of dangerous chemicals. Compared to the Convention, the Regulation is progressive, particularly by increasing the number of chemicals subject to prior informed consent procedure and applying it also in relation to non-party countries. It even imposes an absolute export ban on certain substances. On some points the Regulation falls short of formally fulfilling the Community's obligations but this may not entail negative repercussions if handled in a constructive and prudent manner. In the end however, the attainment of beneficial effects for human health and the environment is contingent upon the ability of importing developing countries to create regulatory systems and authorities able to utilize the provided system in an efficient manner and effectively execute informed decisions on chemicals import. How the Regulation's commitments regarding technical assistance will be implemented remains to be seen.