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The Journal of Coatings Technology

EUROPE, 1 April 2002 -- The European Commission has proposed that the European Union ratify an international accord on notification of hazardous chemicals in international trade. The EU executive body called for ratifying the 1998 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. The commission also proposed new rules for implementing the convention's provisions, which will amend current EU arrangements for the import and export of dangerous chemicals. The convention allows the export of a chemical only with the "prior informed consent" (PIC) of the importing party. Under the PIC procedure, certain hazardous chemicals cannot be exported without the importing country's explicit approval. The purpose of the treaty is to ensure that the exporting and importing countries share responsibility in protecting human health and the environment from the harmful effects of such chemicals. The commission proposal goes beyond the Rotterdam Convention by: * extending the scope of the export notification requirements to a wider range of chemicals; * requiring the explicit consent of the importing party for chemicals that are banned or severely restricted in the community before export can take place; * providing for the possibility of an export ban for certain chemicals and articles that are prohibited within the community; * requiring all dangerous chemicals to be appropriately labeled when exported; and * introducing the concept of explicit consent of the importing country before exporting banned or severely restricted chemicals in case an importing country has failed to react to an export notification or an import response under the international PIC procedure.

Reportedly, The European Chemical Industry Council (CEFIC) objects to going beyond the scope and definition of chemicals as specified in the Rotterdam Convention, stating that by doing so, European companies would be at a competitive disadvantage compared to other companies from other developed countries. The Rotterdam Convention was adopted in September 1998 and was signed by all member states and the European Community. The convention has been signed by 73 parties, and, so far has been ratified by 18.

Fifty country ratifications are needed for the convention to enter into force. The convention eventually will replace the voluntary PIC procedure. Spain Publishes Waste Disposal and Landfill Management Rules--Through its Ministry of the Environment, Spain on Jan. 29 enacted new regulations outlining waste disposal procedures and the construction and management of landfills. The rules dictate that uncontrolled landfills containing various types of waste must now be sorted into three categories: hazardous waste landfills, non- hazardous waste landfills, and "inert" waste landfills. In the case of hazardous waste, companies operating such landfills will be required to pay a fee and purchase liability insurance. This "civil responsibility insurance" will cover risks of potential harm caused to people or the environment. Inert waste includes any substance which "does not undergo any significant physical, chemical, or biological transformations" and "will not dissolve, burn, or otherwise physically or chemically react, biodegrade, or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm human health," according to the rule. There is also a provision regarding total "leachability" into surface water and/or ground water.

Landfills operating under more than one category are permitted, provided waste is stored separately and complies with norms. The law also says that even after a landfill is closed, the company operating it will be required to effectively manage it giving special attention to gases produced or potential dangers to the water supply.

Landfills not in compliance with the rules by July 16, 2009 will be closed. The rules also provide for an outright ban of certain wastes. These include liquids, infectious waste, or any waste considered "explosive, corrosive, oxidizing, highly flammable, or flammable." Also prohibited are whole used tires (as of July 16, 2003) and chopped up used tires (as of July 16,2006). The projected program reportedly is expected to emphasize recycling, composting, and other forms of waste utilization such as natural gas production.