LegalizeDecreto n.º 33/2004
TEXTO :
Decreto n.º 33/2004
de 29 de Outubro
Conscientes do impacte nocivo na saúde humana e no ambiente de certos químicos perigosos e pesticidas;
Considerando que a promoção da responsabilidade partilhada e dos esforços de cooperação entre as partes no comércio internacional de determinados produtos químicos perigosos contribuirá para a protecção da saúde humana e do ambiente dos perigos potenciais e contribuirá para a sua utilização ambientalmente sã;
Reconhecendo que as políticas de comércio e de ambiente devem reforçar-se mutuamente tendo em vista o desenvolvimento sustentável:
Assim:
Nos termos da alínea c) do n.º 1 do artigo 197.º da Constituição, o Governo aprova a Convenção de Roterdão Relativa ao Procedimento de Prévia Informação e Consentimento para Determinados Produtos Químicos e Pesticidas Perigosos no Comércio Internacional, assinada em Roterdão em 11 de Setembro de 1998, cujo texto, na versão autenticada em língua inglesa e respectiva tradução em língua portuguesa, se publica em anexo.
Visto e aprovado em Conselho de Ministros de 19 de Agosto de 2004. - Pedro Miguel de Santana Lopes - Álvaro Roque de Pinho Bissaya Barreto - António Victor Martins Monteiro - Carlos Henrique da Costa Neves - Luís Filipe da Conceição Pereira - Luís José de Mello e Castro Guedes.
Assinado em 7 de Outubro de 2004.
Publique-se.
O Presidente da República, JORGE SAMPAIO.
Referendado em 14 de Outubro de 2004.
O Primeiro-Ministro, Pedro Miguel de Santana Lopes.
ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNATIONAL TRADE.
The Parties to this Convention:
Aware of the harmful impact on human health and the environment from certain hazardous chemicals and pesticides in international trade;
Recalling the pertinent provisions of the Rio Declaration on Environment and Development and chapter 19 of Agenda 21 on environmentally sound management of toxic chemicals, including prevention of illegal international traffic in toxic and dangerous products;
Mindful of the work undertaken by the United Nations Environment Programme (UNEP) and the Food and Agriculture Organization of the United Nations (FAO) in the operation of the voluntary prior informed consent procedure, as set out in the UNEP Amended London Guidelines for the exchange of information on chemicals in international trade (hereinafter referred to as the Amended London Guidelines) and the FAO International Code of Conduct on the Distribution and Use of Pesticides (hereinafter referred to as the International Code of Conduct);
Taking into account the circumstances and particular requirements of developing countries and countries with economies in transition, in particular the need to strengthen national capabilities and capacities for the management of chemicals, including transfer of technology, providing financial and technical assistance and promoting cooperation among the Parties;
Noting the specific needs of some countries for information on transit movements;
Recognizing that good management practices for chemicals should be promoted in all countries, taking into account, interalia, the voluntary standards laid down in the International Code of Conduct and the UNEP Code of Ethics on the International Trade in Chemicals;
Desiring to ensure that hazardous chemicals that are exported from their territory are packaged and labelled in a manner that is adequately protective of human health and the environment, consistent with the principles of the Amended London Guidelines and the International Code of Conduct;
Recognizing that trade and environmental policies should be mutually supportive with a view to achieving sustainable development;
Emphasizing that nothing in this Convention shall be interpreted as implying in any way a change in the rights and obligations of a Party under any existing international agreement applying to chemicals in international trade or to environmental protection;
Understanding that the above recital is not intended to create a hierarchy between this Convention and other international agreements;
Determined to protect human health, including the health of consumers and workers, and the environment against potentially harmful impacts from certain hazardous chemicals and pesticides in international trade;
have agreed as follows:
Article 1
Objective
The objective of this Convention is to promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals in order to protect human health and the environment from potential harm and to contribute to their environmentally sound use, by facilitating information exchange about their characteristics, by providing for a national decision-making process on their import and export and by disseminating these decisions to Parties.
Article 2
Definitions
For the purposes of this Convention:
"Chemical» means a substance whether by itself or in a mixture or preparation and whether manufactured or obtained from nature, but does not include any living organism. It consists of the following categories: pesticide (including severely hazardous pesticide formulations) and industrial;
"Banned chemical» means a chemical all uses of which within one or more categories have been prohibited by final regulatory action, in order to protect human health or the environment. It includes a chemical that has been refused approval for first-time use or has been withdrawn by industry either from the domestic market or from further consideration in the domestic approval process and where there is clear evidence that such action has beentaken in order to protect human health or the environment;
"Severely restricted chemical» means a chemical virtually all use of which within one or more categories has been prohibited by final regulatory action in order to protect human health or the environment, but for which certain specific uses remain allowed. It includes a chemical that has, for virtually all use, been refused for approval or been withdrawn by industry either from the domestic market or from further consideration in the domestic approval process, and where there is clear evidence that such action has been taken in order to protect human health or the environment;
"Severely hazardous pesticide formulation» means a chemical formulated for pesticidal use that produces severe health or environmental effects observable within a short period of time after single or multiple exposure, under conditions of use;
"Final regulatory action» means an action taken by a Party, that does not require subsequent regulatory action by that Party, the purpose of which is to ban or severely restrict a chemical;
"Export» and "import» mean, in their respective connotations, the movement of a chemical from one Party to another Party, but exclude mere transit operations;
"Party» means a State or regional economic integration organization that has consented to be bound by this Convention and for which the Convention is in force;
"Regional economic integration organization» means an organization constituted by sovereign States of a given region to which its member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to this Convention;
"Chemical Review Committee» means the subsidiary body referred to in paragraph 6 of article 18.
Article 3
Scope of the Convention
1 - This Convention applies to:
Banned or severely restricted chemicals; and
Severely hazardous pesticide formulations.
2 - This Convention does not apply to:
Narcotic drugs and psychotropic substances;
Radioactive materials;
Wastes;
Chemical weapons;
Pharmaceuticals, including human and veterinary drugs;
Chemicals used as food additives;
Food;
Chemicals in quantities not likely to affect human health or the environment provided they are imported:
For the purpose of research or analysis; or
ii) By an individual for his or her own personal use in quantities reasonable for such use.
Article 4
Designated national authorities
1 - Each Party shall designate one or more national authorities that shall be authorized to act on its behalf in the performance of the administrative functions required by this Convention.
2 - Each Party shall seek to ensure that such authority or authorities have sufficient resources to perform their tasks effectively.
3 - Each Party shall, no later than the date of the entry into force of this Convention for it, notify the name and address of such authority or authorities to the Secretariat. It shall forthwith notify the Secretariat of any changes in the name and address of such authority or authorities.
4 - The Secretariat shall forthwith inform the Parties of the notifications it receives under paragraph 3.
Article 5
Procedures for banned or severely restricted chemicals
1 - Each Party that has adopted a final regulatory action shall notify the Secretariat in writing of such action. Such notification shall be made as soon as possible, and in any event no later than 90 days after the date on which the final regulatory action has taken effect, and shall contain the information required by annex I, where available.
2 - Each Party shall, at the date of entry into force of this Convention for it, notify the Secretariat in writing of its final regulatory actions in effect at that time, except that each Party that has submitted notifications of final regulatory actions under the Amended London Guidelines or the International Code of Conduct need not resubmit those notifications.
3 - The Secretariat shall, as soon as possible, and in any event no later than six months after receipt of a notification under paragraphs 1 and 2, verify whether the notification contains the information required by annex I. If the notification contains the information required, the Secretariat shall forthwith forward to all Parties a summary of the information received. If the notification does not contain the information required, it shall inform the notifying Party accordingly.
4 - The Secretariat shall every six months communicate to the Parties a synopsis of the information received pursuant to paragraphs 1 and 2, including information regarding those notifications which do not contain all the information required by annex I.
5 - When the Secretariat has received at least one notification from each of two prior informed consent regions regarding a particular chemical that it has verified meet the requirements of annex I, it shall forward them to the Chemical Review Committee. The composition of the prior informed consent regions shall be defined in a decision to be adopted by consensus at the first meeting of the Conference of the Parties.
6 - The Chemical Review Committee shall review the information provided in such notifications and, in accordance with the criteria set out in annex II, recommend to the Conference of the Parties whether the chemical in question should be made subject to the prior informed consent procedure and, accordingly, be listed in annex III.
Article 6
Procedures for severely hazardous pesticide formulations
1 - Any Party that is a developing country or a country with an economy in transition and that is experiencing problems caused by a severely hazardous pesticide formulation under conditions of use in its territory, may propose to the Secretariat the listing of the severely hazardous pesticide formulation in annex III. In developing a proposal, the Party may draw upon technical expertise from any relevant source. The proposal shall contain the information required by part 1 of annex IV.
2 - The Secretariat shall, as soon as possible, and in any event no later than six months after receipt of a proposal under paragraph 1, verify whether the proposal contains the information required by part 1 of annex IV. If the proposal contains the information required, the Secretariat shall forthwith forward to all Parties a summary of the information received. If the proposal does not contain the information required, it shall inform the proposing Party accordingly.
3 - The Secretariat shall collect the additional information set out in part 2 of annex IV regarding the proposal forwarded under paragraph 2.
4 - When the requirements of paragraphs 2 and 3 above have been fulfilled with regard to a particular severely hazardous pesticide formulation, the Secretariat shall forward the proposal and the related information to the Chemical Review Committee.
5 - The Chemical Review Committee shall review the information provided in the proposal and the additional information collected and, in accordance with the criteria set out in part 3 of annex IV, recommend to the Conference of the Parties whether the severely hazardous pesticide formulation in question should be made subject to the prior informed consent procedure and, accordingly, be listed in annex III.
Article 7
Listin of chemicals in annex III
1 - For each chemical that the Chemical Review Committee has decided to recommend for listing in annex III, it shall prepare a draft decision guidance document. The decision guidance document should, at a minimum, be based on the information specified in annex I, or, as the case may be, annex IV, and include information on uses of the chemical in a category other than the category for which the final regulatory action applies.
2 - The recommendation referred to in paragraph 1 together with the draft decision guidance document shall be forwarded to the Conference of the Parties. The Conference of the Parties shall decide whether the chemical should be made subject to the prior informed consent procedure and, accordingly, list the chemical in annex III and approve the draft decision guidance document.
3 - When a decision to list a chemical in annex III has been taken and the related decision guidance document has been approved by the Conference of the Parties, the Secretariat shall forthwith communicate this information to all Parties.
Article 8
Chemicals in the voluntary prior informed consent procedure
For any chemical, other than a chemical listed in annex III, that has been included in the voluntary prior informed consent procedure before the date of the first meeting of the Conference of the Parties the Conference of the Parties shall decide at that meeting to list the chemical in annex III, provided that it is satisfied that all the requirements for listing in that annex have been fulfilled.
Article 9
Removal of chemicals from annex III
1 - If a Party submits to the Secretariat information that was not available at the time of the decision to list a chemical in annex III and that information indicates that its listing may no longer be justified in accordance with the relevant criteria in annex II or, as the case may be, annex IV, the Secretariat shall forward the information to the Chemical Review Committee.
2 - The Chemical Review Committee shall review the information it receives under paragraph 1. For each chemical that the Chemical Review Committee decides, in accordance with the relevant criteria in annex II or, as the case may be, annex IV, to recommend for removal from annex III, it shall prepare a revised draft decision guidance document.
3 - A recommendation referred to in paragraph 2 shall be forwarded to the Conference of the Parties and be accompanied by a revised draft decision guidance document. The Conference of the Parties shall decide whether the chemical should be removed from annex III and whether to approve the revised draft decision guidance document.
4 - When a decision to remove a chemical from annex III has been taken and the revised decision guidance document has been approved by the Conference of the Parties, the Secretariat shall forthwith communicate this information to all Parties.
Article 10
Obligations in relation to imports of chemicals listed in annex III
1 - Each Party shall implement appropriate legislative or administrative measures to ensure timely decisions with respect to the import of chemicals listed in annex III.
2 - Each Party shall transmit to the Secretariat, as soon as possible, and in any event no later than nine months after the date of dispatch of the decision guidance document referred to in paragraph 3 of article 7, a response concerning the future import of the chemical concerned. If a Party modifies this response, it shall forthwith submit the revised response to the Secretariat.
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